File No. 812.00/17650½
Mr. Arredondo to the Secretary of State
My Dear Mr. Lansing: I have received from my Government, for your excellency’s consideration, a draft of agreement concerning the reciprocal crossing of troops over the boundary line, the literal Spanish text of which I have included in continuation, containing several amendments to the one submitted through me to the Mexican Government, by Mr. Frank L. Polk, under date of the 21st inst., while he was Acting Secretary of State.
I beg your excellency to examine the draft referred to and advise me whether it meets with your approval, so that I may at once inform my Government to the end that the agreement may [Page 502] go immediately into effect in behalf of the best harmony and mutual understanding between both Governments:
Draft of Agreement
- Article 1. It is agreed that the regular Government forces of the two Republics may reciprocally cross the part of the boundary line comprised between the Colorado River and Piedras Negras, and within a zone of sixty kilometers in either country counted from the said line with the object of pursuing bands of armed men that may have entered from one country into the other, committed outrages on foreign territory and escaped across the boundary line.
- Article 2. The reciprocal crossing agreed to in Article 1 shall only take place in comparatively uninhabited or unprotected parts of the territory on either side of the boundary line and in no case at a distance less than ten kilometers from, any cantonment or city in the territory in which the pursuit is conducted, unless the cantonment or city be situated in a mountainous district wherein communication is difficult.
- Article 3. The commander of the forces crossing the frontier under the terms of this agreement will, at the moment of crossing or before, if possible, give notice of his proposed movement and of the number of troops in his command to the nearest commanding officer or the civilian authorities of the country whose territory he is about to enter.
- Article 4. The Government of the country in which the pursuit takes place will cooperate by every means with the pursuing force to the end that the lawless bands be speedily captured or exterminated.
- Article 5. The pursuing force will retire to its own territory as soon as it shall have overtaken and overcome within the zone the lawless bands being dealt with. In no case shall the pursuing force establish itself or remain on foreign territory for more than fifteen days, unless by special agreement between the two Governments or at the solicitation of the local authorities of that territory.
- Article 6. No pursuit shall be undertaken on the territory of the other country unless begun within three days after the flight of the lawless band across the boundary line.
- Article 7. Under no pretext or consideration whatever shall the pursuing forces of either country occupy cities or cantonments situated in the country in which the pursuit is conducted in accordance with the terms of this agreement.
- Article 8. All abuses committed by the pursuing forces shall be published by the government to which they belong according to the gravity of the offence. The persons directly responsible for such abuses shall be withdrawn from the frontier and indemnities shall be promptly given to all those who may have suffered injury.
- Article 9. Should the inhabitants of one country commit outrages on the foreign pursuing forces, the Government of the country where the outrages were committed will be responsible to the Government of the other country only in case of denial of justice and refusal to punish the guilty persons.
- Article 10. This agreement will go into effect upon the date of signature and will remain in force until one of the parties shall have given the other in advance two months’ written notice of its intention to terminate the agreement.
In testimony whereof, we have signed this agreement this — day of —, 1916.
I have [etc.]