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which sowing has already begun and dwelling houses are in course of construction. It is feared, with foundation, that these canalization works will bring about a change in the course or the complete exhaustion of the Colorado River to the serious injury, which is easily understood, of the Mexican territory and the inhabitants thereof in the region the said river runs through from the boundary of your country to its mouth, on the Cortes Sea.
Mr. Government holds the works in which the Imperial Canal System is engaged to be in contravention of the stipulations set forth in Article IV of the boundary treaty between the two Republics concluded in the year 1853 and those on the same point of the preceding treaty signed in 1848, which remained operative under the later treaty, and, therefore, has instructed me to denounce the wrong in question to your excellency and to ask that such steps as may be necessary to restrain it be taken.
Which complying with the instructions on which this note is based, it is an honor for me to reiterate to your excellency the assurances of my highest consideration.
M'DE ASPIROZ. To His Excellency John Hay.
TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE MEXICAN REPUBLIC
PEACE, FRIENDSHIP, LIMITS, AND SETTLEMENT.
Signed at Guadalupe Hidalgo. Feb. 2. 1848 ; ratification advised. with amendments. by the Senate, Mar. 10, 1848 ; ratified by the President of the United States. Mar. 16. 1848: ratified by the President of Mexico, May 30, 1848; ratifications exchanged at Querétaro, May 30, 1848; proclaimed July 4, 1848.)
ART. V. The boundary line between the two Republics shall commence in the Gulf of Mexico, 3 leagues from land, opposite the mouth of the Rio Grande, otherwise called Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea ; from thence up the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mexico; thence westwardly along the whole southern boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence northward along the western line of New Mexico until it intersects the first branch of the River Gila (or if it should not intersect any branch of that river, then to the point on the said line nearest to such branch, and thence in a direct line to the same); thence down the middle of the said branch and of the said river until it empties into the Rio Colorado; thence across the Rio Colorado, following the division line between Upper and Lower California, to the Pacific Ocean.
The southern and western limits of New Mexico, mentioned in this article, are those laid down in the map entitled “Map of the United Mexican States, as organized and defined by various acts of the Congress of said Republic, and constructed according to the best authorities. Revised edition. Published at New York in 1847 by J. Disturnell.” Of which map a copy is added to this treaty, bearing the signatures and seals of the undersigned plenipotentiaries. And in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California, it is agreed that the said limit shall consist of a straight line drawn from the middle of the Rio Gila where it unites with the Colorado to a point on the coast of the Pacific Ocean, distant 1 marine league due south of the southernmost point of the port of San Diego, according to the plan of said port made in the year 1782 by Don Juan Pantoja, second sailing master of the Spanish fleet, and published at Madrid in the .year 1802 in the atlas to the voyage of the schooners Sutil and Mericana, of which plan a copy is hereunto added, signed and sealed by the respective plenipotentiaries.
In order to designate the boundary line with due precision upon authorative maps and to establish upon the ground landmarks which shall show the limits of both Republics, as described in the present article, the two Governments shall each appoint a commissioner and a surveyor, who, before the expiration of one year from the date of exchange of ratifications of this treaty, shall meet at the port of San Diego and proceed to run and mark the said boundary in its whole course to the mouth of the Rio Bravo del Norte. They shall keep journals and make out plans of their operations; and the result,
agreed upon by them, shall be deemed a part of this treaty and shall have the same force as if it were inserted therein. The two Governments will amicably agree regarding what may be necessary to these persons, and also as to their respective escorts, should such be necessary. The boundary line established by this article shall be religiously respected by each of the two Republics, and no change shall ever be made therein, except by the express and free consent of both nations lawfully given by the General Government of each, in conformity with its own constitution. ART. VI. The vessels and citizens of the United States shall, in all time, have a free and uninterrupted passage by the Gulf of California, and by the River Colorado below its confluence with the Gila, to and from their possessions situated north of the boundary line defined in the preceding article; it being understood that this passage is to be by navigating the Gulf of California and the River Colorado, and not by land, without the express consent of the Mexican Government. If, by the examinations which may be made, it should be ascertained to be practicable and advantageous to construct a road, canal, or railway which should, in whole or in part, run upon the River Gila, or upon its right or its left bank, within the space of 1 marine league from either margin of the river, the Governments of both Republics will form an agreement regarding its construction, in order that it may serve equally for the use and advantage of both countries. ART. VII. The River Gila, and the part of the Rio Brava del Norte lying below the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two Republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries; and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise this right: not even for the purpose of favoring new methods of navigation. Nor shall any tax or contribution, under any denomination or title, be levied upon vessels or persons navigating the same, or upon merchandise or effects transported thereon, except in the case of landing upon one of their shores. If, for the purpose of making the said rivers navigable, or for maintaining them in such state, it should be necessary or advantageous to establish any tax or contribution, this shall not be done without the consent of both Governments. The stipulations contained in the present article shall not impair the territorial rights of either Republic within its established limits.
TREATY BETWEEN THE UNITED STATES OF-AMERICA AND THE MEXICAN REPUBLIC RELATIVE To Bou NDARY LINE, TRANsit of PERsons, Etc., AcRoss THE ISTHMUs of TEHUANTEPEC.
[Dated at the City of Mexico, Dec. 30, 1853: ratified by the President of the United States, June 29, 1854; ratifications exchanged at Washington, June 30, 1854; proclaimed June 30, 1854.]
ARTICLE 1. The Mexican Republic agrees to designate the following as her true limits with the United States for the future, retaining the same dividing line between the two Californias as already defined and established according to the fifth article of the treaty of Guadalupe Hidalgo, the limits between the two Republics shall be as follows: Beginning in the Gulf of Mexico 3 leagues from land, opposite the mouth of the Rio Grande, as provided in the fifth article of the treaty of Guadalupe Hidalgo, thence as defined in the said article, up the middle of that river to the point where the parallel of 31° 47' north latitude crosses the same, thence due west 100 miles, thence south to the parallel of 31° 20' north latitude, thence along the said parallel of 31° 20' to the one hundred and eleventh meridian of longitude west of Greenwich, thence in a straight line to a point on the Colorado River 20 English miles below the junction of the Gila and Colorado Rivers, thence up the middle of the said River Colorado until it intersects the present line between the United States and Mexico.
For the performance of this portion of the treaty each of the two Governments shall nominate one commissioner, to the end that, by common consent, the two thus nominated having met in the city of Paseo del Norte, three months after the exchange of the ratifications of this treaty, may proceed to survey and mark out upon the land the dividing line stipulated by this article, where it shall not have already been surveyed and established by the mixed commission according to
the treaty of Guadalupe, keeping a journal and making proper plans of their operations. For this purpose, if they should judge it is necessary, the contracting parties shall be at liberty each to unite to its respective commissioner, scientific or other assistants, such as astronomers and surveyors, whose concurrence shall not be considered necessary for the settlement and ratification of a true line of division between the two Republics; that line shall be alone established upon which the commissioners may fix, their consent in this particular being considered decisive and an integral part of this treaty, without necessity of ulterior ratification or approval, and without room for interpretation of any kind by either of the parties contracting. The dividing line thus established shall in all time be faithfully respected by the two Governments without any variation therein, unless of the express and free consent of the two, given in conformity to the principles of the law of nations and in accordance with the constitution of each country, respectively. In consequence, the stipulation in the fifth article of the treaty of Guadalupe upon the boundary line therein described is no longer of any force wherein it may conflict with that here established, the said line being considered annulled and abolished wherever it may not coincide with the present, and in the same manner remaining in full force where in accordance with the same. ART. IV. The provisions of the sixth and seventh articles of the treaty of Guadalupe Hidalgo having been rendered nugatory for the most part by the cession of territory granted in the first article of this treaty, the said articles are hereby abrogated and annulled and the provisions as herein expressed substituted therefor. The vessels and citizens of the United States shall in all time have free and uninterrupted passage through the Gulf of California to and from their possessions situated north of the boundary line of the two countries. It being understood that this passage is to be by navigating the Gulf of California and the River Colorado, and not by land, without the express consent of the Mexican Government, and precisely the same provisions, stipulations, and restrictions in all respects are hereby agreed upon and adopted and shall be scrupulously observed and enforced by the two contracting governments in reference to the Rio Colorado, so far and for such distance as the middle of that river is made their common boundary line by the first article of this treaty. The several provisions, stipulations, and restrictions contained in the seventh article of the treaty of Guadalupe Hidalgo shall remain in force only so far as regards the Rio Bravo del Norte below the initial of the said boundary provided in the first article of this treaty. That is to say, below the intersection of the 31° 47' 30" parallel of latitude, with the boundary line established by the late treaty dividing said river from its mouth upward according to the fifth article of the treaty of Guadalupe.
CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED STATES OF MEXICO TOUCHING THE INTERNATIONAL BOUNDARY LINE WHERE IT FOLLOWS THE BED OF THE RIO COLORADO.
[Concluded at Washington, Nov. 12, 1884; ratification advised by the Senate, June 23, 1886; ratified by the President of the United States, July 10, 1886; ratifications exchanged at Washington, Sept. 13, 1886; proclaimed Sept. 14, 1886.)
By the President of the United States of America.
Whereas a convention between the United States of America and the United States of Mexico, touching the boundary line between the two countries, was signed by their respective plenipotentiaries at Washington on the 12th day of November, 1884, the original of which convention is word for word, as follows:
Convention between the United States of America and the United States of Mexico touching the boundary line between the two countries where it follows the bed of the Rio Grande and the Rio Colorado.
Whereas in virtue of the fifth article of the treaty of Guadalupe Hidalgo between the United States of America and the United States of Mexico, concluded February 2, 1848, and of the first article of that of December 30, 1853, certain parts of the dividing line between the two countries follow the middle of the channel of the Rio Grande and the Rio Colorado to avoid difficulties which may arise through the changes of channel to which those rivers are subject through the operation of natural forces, the Government of the United States of America and the Government of the United States of Mexico have resolved to conclude a convention which shall lay down rules for the determination of such questions and have appointed as their plenipotentiaries: The President of the United States of America, Frederick T. Frelinghuysen, Secretary of State of the United States, and the President of the United States of Mexico, Matias Romero, envoy extraordinary and minister plenipotentiary of the United Mexican States: Who, after exhibiting their respective full powers, found in good and due form, have agreed upon the following articles: ARTICLE I. The dividing line shall forever be that described in the aforesaid treaty and follow the center of the normal channel of the rivers named, notwithstanding any alterations in the banks or in the course of those rivers, provided that such alterations be effected by natural causes through the slow and gradual erosion and deposit of alluvium and not by the abandonment of an existing river bed and the opening of a new one. ART. II. Any other change wrought by the force of the current, whether by the cutting of a new bed or when there is more than one channel by the deepening of another channel than that which marked the boundary at the time of the survey made under the aforesaid treaty, shall produce no change in the dividing line as fixed by the surveys of the International Boundary Commission in 1852; but the line then fixed shall continue to follow the middle of the original channel bed, even though this should become wholly dry or be obstructed by deposits. ART. III. No artificial change in the navigable course of the river, by building jetties, piers, or obstructions which may tend to deflect the current or produce deposits of alluvium, or by dredging to deepen another than the original channel under the treaty when there is more than one channel, or by cutting waterways to shorten the navigable distance, shall be permitted to affect or alter the dividing line as determined by the aforesaid commissions in 1852 or as determined by Article I hereof and under the reservation therein contained, but the protection of the banks on either side from erosion by revetments of stone or other material not unduly projecting into the current of the river shall not be deemed an artificial change. ART. IV. If any international bridge have been or shall be built across either of the rivers named, the point on such bridge exactly over the middle of the main channel, as herein determined, shall be marked by a suitable monument, which shall denote the dividing line for all the purposes of such bridge, notwithstanding any change in the channel which may thereafter supervene. But any rights other than in the bridge itself and in the ground on wheih it is built shall, in event of any such subsequent change, be determined in accordance with the general provisions of this convention. ART. V. Rights of property in respect of lands which may have become separated through the creation of new channels as defined in Article II hereof shall not be affected thereby, but such lands shall continue to be under the jurisdiction of the country to which they previously belonged. In no case, however, shall this retained jurisdictional right affect or control the right of navigation common to the two countries under the stipulations of Article VII of the aforesaid treaty of Guadaloupe Hidalgo; and such common right shall continue without prejudice throughout the actually navigable main channels of the said rivers, from the mouth of the Rio Grande to the point where the Rio Colorado ceases to be the international boundary, even though any part of the channel of said rivers, through the changes herein provided against, may be comprised within the territory of one of the two nations. ART. WI. This convention shall be ratified by both parties in accordance with their respective constitutional procedure, and the ratifications exchanged in the city of Washington as soon as possible. In witness whereof the undersigned plenipotentiaries have hereunto set their hands and Seals. Done at the city of Washington, in duplicate, in the English and Spanish languages, this 12th day of November, A. D. 1884. FREDK. T. FRELINGHUYSEN. [SEAL.] M. ROMERO. [SEAL.]
And whereas the said convention has been duly ratified on both parts, and the ratifications of the two Governments exchanged in the city of Washington on the 13th day of September, 1886;
Now, therefore, be it known that I, Grover Cleveland, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the city of Washington this fourteenth day of September, in the year of our Lord one thousand eight hundred and eighty-six, and of the independence of the United States the one hundred and eleventh.
[SEAL.] GROVER CLEVELAND.
By the President:
T. F. BAYARD,
CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED STATES OF MEXICO TO FACILITATE THE CARRYING OUT OF THE PRINCIPLES CONTAINED IN THE TREATY OF November 12, 1884, AND To Avoid THE DIFFICULTIES occAston ED BY REASON OF THE CHANGES WHICH TAKE PLACE IN THE BEDS OF THE RIO GRANDE AND COLORADo Rivers.
e President of Mexico, Oct. 31, 1889; ratified by the President of the United States,
lso at Washington, Mar. 1, 1889; ratification advised, May 7, 1890; ratified by Dec. 6, 1890; ratifications exchanged, Dec. 24, 1890; proclaimed Dec. 26, 1890.]
By the President of the United States of America.
Whereas a convention between the United States of America and the United States of Mexico to facilitate the carrying out of the principles contained in the treaty of November 12, 1884, between the same high contracting parties and to avoid the difficulties occasioned by reason of the changes which take place in the bed of the Rio Grande and that of the Colorado River in that portion thereof where they serve as a boundary between the two Republics, was concluded and signed by the respective plenipotentiaries of the aforesaid high contracting parties at the city of Washington on the 1st day of March, 1889, the original of which convention, being in the English and Spanish languages, i. as amended by the Senate of the United States, is word for word as folOWS : The United States of America and the United States of Mexico, desiring to facilitate the carrying out of the principles contained in the treaty of November 12, 1884, and to avoid the difficulties occasioned by reason of the changes which take place in the bed of the Rio Grande and that of the Colorado River, in that portion thereof where they serve as a boundary between the two Republics, have resolved to conclude a treaty for the attainment of these objects, and have appointed as their respective plenipotentiaries: The President of the United States of America, Thomas F. Bayard, Secretary of State of the United States of America; and The President of the United States of Mexico, Matias Romero, envoy extraordinary and minister plenipotentiary of the United States of Mexico, at Washington; Who, after having exhibited their respective full powers, and having found the same to be in good and due form, have agreed upon the following articles:
All differences or questions that may arise on that portion of the frontier between the United States of America and the United States of Mexico where the Rio Grande and the Colorado Rivers form the boundary line, whether such differences or questions grow out of alterations or changes in the bed of the aforesaid Rio Grande and that of the aforesaid Colorado River, or of works that may be constructed in said rivers, or of any other cause affecting the boundary line, shall be submitted for examination and decision to an inter