File No. 711.1215/454.

The Mexican Embassy to the Department of State.


Fundamental ideas out of which to evolve the bases for the settlement of the Chamizal question:

Both countries adhere to the attitudes they have respectively taken on the matter and to the scope given by each to the final award.
In view of the foregoing and by way of compromise as well as in consideration of the fact that El Chamizal is an integral part of the city of El Paso, Mexico will desist from claiming sovereignty rights over the said tract in consideration of the obligation assumed by the United States to deliver one or more American tracts of land on the right bank of the Rio Grande equal in area to the Chamizal, said tracts passing to the control and sovereignty of Mexico.
By virtue of the principle laid down in the first clause, both parties agree that the Chamizal award does not establish any precedent [Page 972] whatever as to the construction to be given to the boundary treaties and conventions in force between the two countries. In consequence it will be left to future negotiations between the two Chancelleries to define whether the Rio Grande is to be declared the arcifinious line from the year 1852, date of the Emery-Salazar survey, or whether it is to be considered arcifinious from the date only on which both Chancelleries shall reach an understanding on the subject.
In view of the assertion always made by Mexico that the parts of El Chamizal covered by titles of Mexican origin must be considered as being under a valid title, and whereas the American Government for its part does not acknowledge the validity of those Mexican titles, it is agreed, by way of compromise, as follows: (A) A commission or tribunal appointed by both Governments and composed of three representatives, one a Mexican, another an American and a third chosen by these two, will examine the alleged Mexican titles to determine their value from the standpoint of civil law, laying aside, to that effect only, any question of international law that might affect the juridicial range of such titles. (B) When any title shall have been found valid, in the form above stated, the land covered by said title shall be located and appraised, its present actual merchantable value being taken into account, and the value shall be paid by the American Government to the lawful holder of the title, by way of indemnification, the said title being thereby extinguished and annulled.