File No. 711.1215/429
The Acting Secretary of
State to the American
Ambassador.
No. 884.
Department of State,
Washington,
July 1, 1912.
Sir: I inclose herewith for your information a
copy of tentative bases for a convention between the United States and
Mexico for the settlement of the Chamizal case and other related
questions, the original of which was, on the 28th ultimo, handed on the
part of the Department to Señor Algara, the Second Secretary of the
Mexican Embassy.
I am [etc.]
[Inclosure.]
tentative bases for a convention for the
settlement of the chamizal case and other related questions
along lines of practical convenience proposed on the part of the
united states for consideration without prejudice to the
contentions of either government in regard to the validity of
the chamizal award.
- 1.
- A Preamble reciting that certain differences have arisen and
still subsist between the United States and Mexico in regard to
the proper interpretation to be given certain provisions of the
Boundary Treaties in force between the two countries and with
respect to the location of the international boundary line near
El Paso, Texas, and Juárez, Chihuahua; and reciting further that
differences have arisen and still subsist between the two
Governments as to the validity and binding effect of the
decision of the International Boundary Commission in the
Chamizal Case, the United States maintaining that said decision
is absolutely invalid for all purposes and of no binding effect
whatever for the reasons set forth in the dissenting opinion of
the American Commissioner1 and in the protest of the American Agent,
and the Government of Mexico on the other hand maintaining the
validity of said decision2; therefore,
in order to obviate these differences and to avoid like
differences in future, the two Governments, as a matter of
practical convenience, have agreed to negotiate a convention on
the following tentative bases:
- 2.
- A declaratory interpretation of the Treaty of Guadalupe
Hidalgo of February 2, 1848; the Treaty of Boundary of December
2, 1853, and the Boundary Convention of November 12, 1884, as
establishing or recognizing the “centre of the normal channel of
the Rio Grande” from its mouth “to the point where the parallel
31° 47’ north latitude crosses the same” as a fluvial or
arcifinious international boundary line between the United
States and Mexico, subject at all times to the principles laid
down in paragraphs three and four.
- 3.
- A declaratory interpretation of Articles I and II of the
Convention of November 12, 1884, and Article IV of the
Convention of March 1, 1889, as referring only to two classes of
changes: first, changes by “erosion,” i. e., the erosion of one
bank and the deposit of alluvium upon the other; and second, by
“avulsion,” i.e., “the cutting of a new bed, or, when there is
more than one channel, by the deepening of another channel” than
that previously recognized as the boundary.
- 4.
- A further declaratory interpretation that these two classes of
cases embrace all the changes and all the classes of changes,
other than artificial changes, which have occurred in the
channel of said river since the signature of the Treaty of 1848,
or may occur hereafter, except the special class of changes
provided for in the Convention of March 20, 1905, for the
elimination of the bancos in the Rio Grande.
- 5.
- The above declaratory interpretations apply in all respects to
the Rio Colorado where it forms the international boundary
line.
- 6.
- In order to terminate forever certain differences which have
arisen and still subsist between the two Governments with
respect to the location of the international boundary line near
El Paso, Texas, and Juárez, Chihuahua, it is hereby specifically
recognized that from the point where parallel 31° 47’ north
latitude intersects the channel of the Rio Grande to a point
immediately below the more easterly of the two tracts of land
segregated from Mexico and the United States, respectively, by
the artificial cut-off of 1901, the boundary line follows the
centre of the normal channel of the Rio Grande, which boundary
line at present is substantially as shown by the red line on a
map to be prepared by the two sections of the International
Boundary Commission and signed by the Plenipotentiaries.
- 7.
- In order to preclude the possibility of any question with
respect to private titles, the Government of Mexico recognizes
the validity of the private titles derived from grants of the
State of Texas to the lands in the small portion of land
southerly from the present channel of the Rio Grande and lying
between it and the abandoned channel of 1901, the same being
substantially as shown on the map referred to in paragraph six.
The Government of the United States recognizes the validity of
titles derived from Mexican grants in the so-called Cordova
Tract, being the tract bounded westerly, northerly and easterly
by the abandoned channel of the Rio Grande of 1901 and southerly
by the present channel of the Rio Grande, and being
substantially as shown on said map.
- 8.
- It is furthermore specifically agreed that the international
boundary line at the artificial bar known as El Horcón shall
follow the centre of the normal channel of the Rio Grande, which
channel at present is substantially as shown on a map signed by
General Anson Mills, United States Commissioner, and Señor Don
F. B. Puga, Mexican Commissioner, accompanying the Joint Journal
of the International Boundary Commission of October 24, 1906,
now on file in the archives of the two Governments.
- 9.
- In order to preclude the possibility of any question with
respect to private titles the Government of Mexico recognizes
the validity of the private titles derived from grants of the
State of Texas to the lands within the so-called bar of El
Horcón as shown on the map referred to in paragraph eight,
supra.
- 10.
- The three parcels of land segregated by artificial cut-offs
and mentioned in paragraphs 6 and 8 shall be marked by the
International Boundary Commission in accordance with the rules
adopted by the Commission for the marking of bancos under the
Convention of March 20, 1905.
- 11.
- If, in the course of the negotiations, it should appear that
the readjustment of the boundary line herein provided renders it
equitable that any difference in the area or value of lands
falling thereby to the respective parties, should be equalized
through the payment of a money consideration, suitable provision
shall be made therefor in this convention.
Department of State,
Washington, June 28, 1912.
