Office of the Historian

File No. 812.00/18481

Mr. Arredondo to the Acting Secretary of State

Washington, March 19, 1916.

My dear Mr. Polk: Acting under the instructions from my Government, I have the honor to submit, herewith, copy in translation, of a draft of agreement in regard to the crossing of troops of both countries over the boundary line, and I beg you, in view of the urgency of the case, to give me your reply as soon as possible, so that I may communicate the same to my Government.

With the assurances [etc.]

E. Arredondo
[Inclosure]

Draft of an agreement between the Governments of Mexico and the United States of America concerning the crossing of troops over the boundary line in pursuit of bandits

  • Article 1. It is hereby agreed upon between the Governments of Mexico and the United States of America that the federal troops of the regular army of one and the other country, as well as any other forces, Whether pertaining to the individual militias of the States of both Republics or to those which may be organized with due authority of either Government, shall be permitted to cross reciprocally the boundary line, at any point of its length between the Colorado River and Piedras Negras, and when they may be in close pursuit of a band of outlaws or malefactors who may have crossed into either one of both countries, committing depredations in one of them and returning subsequently to the country of their origin to avoid punishment.
  • Article 2. This agreement shall conform in everything to the terms and conditions stipulated in the following articles:
  • Article 3. The reciprocal crossing to which Article 1 refers shall not be made except in unpopulated or isolated parts of the above-mentioned length of the boundary line. For the purposes of this article, unpopulated and isolated parts shall be all places distant at least ten kilometers from any military camps or towns situated on the boundary line between both countries.
  • Article 4. Only in exceptional cases, shall the pursuit take place nearer to military camps and towns mentioned in the previous articles; and for the purposes of this article, it shall be considered an exceptional case when a military camp or town is situated in a mountainous place or with reference to which immediate communication may be difficult ordinarily or because of accidental circumstances.
  • Article 5. The commander of the forces which may cross the boundary line in pursuit of malefactors shall upon doing so, or prior to it if possible, send advice of his route to the military commander or civil authority, nearer to him, of the country whose territory he has entered. Also, and through the proper channel, the commander of the pursuing forces shall send proper advice to his Government, in order that the latter may bring the matter to the attention of the other Government.
  • Article 6. A zone shall be established sixty kilometers, wide on the boundary line along the extension referred to in Article 1, within which the pursuit only shall be affected; therefore, the pursuing forces shall not go beyond such zone nor shall they be permitted to establish camps within the same nor remain within it beyond the time absolutely necessary to effect the pursuit of the band they may be after, and therefore, they shall return to their own country at the expiration of the time stipulated in Article 8 of this agreement or when they may come into contact with the forces Of the country in which the pursued band may have sought refuge.
  • Article 7. When the pursuing forces may come into contact with those of the other country, it is left to the discretion of the commanders of both to make the pursuit of the band in question jointly, provided that the chase takes place within the zone mentioned in the preceding article; but the foreign forces shall return to their own country immediately after the chase is considered ended by the common agreement of both commanders. Whenever the case provided in the article occurs, it shall be compulsory for the commanders of the combined forces to give proper notice to their respective Governments, not only at the time when they come into contact with one another, but also when the pursuit may have ended.
  • Article 8. At no time the forces which may cross the boundary line shall exceed one thousand men nor will they remain within the zone, in cases not considered exceptional, over a period of five days.
  • Article 9. No crossing of troops, except cavalry, shall be permitted to cross, but the latter may carry with their equipment machine and Rexer guns, besides their own arms.
  • Article 10. The commanders of the troops of both countries shall agree in each case in regard to the marks of distinction or signals to be used by the troops in order to distinguish them from one another and avoid confusion during the pursuit.
  • Article 11. Under no consideration shall the forces of one and the other country occupy towns or camps situated in the country they have entered in accordance with the terms of this agreement.
  • Article 12. If, during the pursuit, or at any other time, any confusion should occur which may cause injury to the forces of one or the other country, the commander of the forces which may have caused the confusion shall be directly and personally responsible, without his acts implying in any way any responsibility for the contracting parties, nor shall this be a cause of a break of the relations between one Government and the other. Both Governments incur the obligation of severely punishing the acts provided in this article, and to the end, the proper investigation shall be commenced by the Government of the country to which the responsible commander pertains.
  • Article 13. It is absolutely forbidden for the troops that cross the frontier to dispose of private property belonging to persons residing in places of their transit, nor shall they, without the consent of the owners, dispose of such property and after proper indemnity is made. Any abuses committed by the forces crossing into territory of the other country shall be punished according to the gravity of the offense and the laws, by the Government from which they depend, just as if they were committed Within its own territory, the same Government being always obliged to withdraw from the frontier the guilty party or parties and to indemnify those who may have suffered the consequent injury.
  • Article 14. In the case of offenses committed by the residents of one country against the forces, or any part thereof, of the other country, which may be Within the boundaries of the former, each Government shall be responsible to the other, provided that manifest denial of justice to punish the guilty parties may be shown.
  • Article 15. This agreement shall be in force during one year from the date in which it may be signed by the representatives of both countries, but it may be terminated at will by any of the contracting parties by giving advice through the proper channels two months before the date of termination; however, upon the expiration of the period of one year, the agreement shall be considered renewed for one year more, provided that none of the contracting parties indicate the intention to rescind it.
Aguilar,

The Secretary for Foreign Affaires.
Querétaro, Mexico , March 19, 1916.