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.

A PROCLAMATION.

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 whcih 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. VI. 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.

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.]

By the President:
T. F. BAYARD,

Secretary of State.

GROVER CLEVELAND.

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 OCCASIONED BY REASON OF THE CHANGES WHICH TAKE PLACE IN THE BEDS OF THE RIO GRANDE AND COLORADO RIVERS.

[Signed at Washington, Mar. 1, 1889; ratification advised, May 7, 1890; ratified by the President of Mexico, Oct. 31, 1889; ratified by the President of the United States, Dec. 6, 1890; ratifications exchanged, Dec. 24, 1890; proclaimed Dec. 26, 1890.]

By the President of the United States of America.

A PROCLAMATION.

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, and as amended by the Senate of the United States, is word for word as follows:

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:

ARTICLE I.

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

national boundary commission, which shall have exclusive jurisdiction in the case of said differences or questions.

ARTICLE II.

The International Boundary Commission shall be composed of a commissioner appointed by the President of the United States of America, and of another appointed by the President of the United States of Mexico, in accordance wih the constitutional provisions of each country, of a consulting engineer, appointed in the same manner by each Government, and of such secretaries and interpreters as either Government may see fit to add to its commission. Each Government separately shall fix the salaries and emoluments of the members of its commission.

ARTICLE III.

The International Boundary Commission shall not transact any business unless both commissioners are present. It shall sit on the frontier of the two contracting countries, and shall establish itself at such places as it may determine upon; it shall, however, repair to places at which any of the difficulties or questions mentioned in this convention may arise, as soon as it shall have been duly notified thereof.

ARTICLE IV.

When, owing to natural causes, any change shall take place in the bed of the Rio Grande or in that of the Colorado River, in that portion thereof wherein those rivers form the boundary line between the two countries, which may affect the boundary line, notice of that fact shall be given by the proper local authorities on both sides to their respective commissioners of the International Boundary Commission, on receiving which notice it shall be the duty of the said commission to repair to the place where the change has taken place or the question has arisen, to make a personal examination of such change, to compare it with the bed of the river as it was before the change took place, as shown by the surveys, and to decide whether it has occurred through avulsion or erosion, for the effect of Articles I and II of the convention of November 12, 1884; having done this, it shall make suitable annotations on the surveys of the boundary line.

ARTICLE V.

Whenever the local authorities on any point of the frontier between the United States of America and the United States of Mexico, in that portion in which the Rio Grande and the Colorado River form the boundary between the two countries, shall think that works are being constructed, in either of those rivers, such as are prohibited by Article III of the convention of November 12, 1884, or by Article VII of the treaty of Guadalupe Hidalgo of February 2, 1848, they shall so notify their respective commissioners, in order that the latter may at once submit the matter to the International Boundary Commission, and that said commission may proceed, in accordance with the provisions of the foregoing article, to examine the case, and that it may decide whether the work is among the number of those which are permitted, or of those which are prohibited by the stipulations of those treaties.

The commission may provisionally suspend the construction of the works in question pending the investigation of the matter, and if it shall fail to agree on this point the works shall be suspended, at the instance of one of the two Governments.

ARTICLE VI.

In either of these cases, the commission shall make a personal examination of the matter which occasions the change, the question or the complaint, and shall give its decision in regard to the same, in doing which it shall comply with the requirements established by a body of regulations to be prepared by the said commission and approved by both Governments.

ARTICLE VII.

The International Boundary Commission shall have power to call for papers and information, and it shall be the duty of the authorities of each of the two

countries to send it any papers that it may call for, relating to any boundary question in which it may have jurisdiction in pursuance of this convention. The said commission shall have power to summon any witnesses whose testimony it may think proper to take, and it shall be the duty of all persons thus summoned to appear before the same and to give their testimony, which shall be taken in accordance with such by-laws and regulations as may be adopted by the commission and approved by both Governments. In case of the refusal of a witness to appear, he shall be compelled to do so, and to this end the commission may make use of the same means that are used by the courts of the respective countries to compel the attendance of witnesses, in conformity with their respective laws.

ARTICLE VIII.

If both commissioners shall agree to a decision, their judgment shall be considered binding upon both Governments, unless one of them shall disapprove it within one month reckoned from the day on which it shall have been pronounced. In the latter case, both Governments shall take cognizance of the matter, and shall decide it amicably, bearing constantly in mind the stipulation of Article XXI of the treaty of Guadalupe Hidalgo of February 2, 1848. The same shall be the case when the commissioners shall fail to agree concerning the point which occasions the question, the complaint, or the change, in which case each commissioner shall prepare a report, in writing, which he shall lay before his Government.

ARTICLE IX.

This convention shall be ratified by both parties, in accordance with the provisions of their respective constitutions, and the ratifications thereof shall be exchanged at Washington as speedily as possible and shall be in force from the date of the exchange of ratification for a period of five years.

In testimony whereof the undersigned plenipotentiaries have signed and sealed it.

Done in duplicate, in the city of Washington, in the English and Spanish languages, on the 1st day of March, 1889.

T. F. BAYARD. [SEAL.]
M. ROMERO. [SEAL.]

And whereas the said convention has been duly ratified on both parts, and the ratifications of the same were exchanged at the city of Washington on the 24th day of December, 1890.

Now, therefore, be it known that I, Benjamin Harrison, President of the United States of America, have caused the said convention to be made public, as amended, 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 twenty-sixth day of December, in the year of our Lord, one thousand eight hundred and ninety and of the Independence of the United States of America the one hundred and fifteenth. [SEAL.] BENJ. HARRISON.

By the President:

JAMES G. BLAINE,

Secretary of State.

BOUNDARY CONVENTION.

[Concluded Oct. 1, 1895; ratification advised by Senate, Dec. 17, 1895; ratified by the President, Dec. 20, 1895; ratifications exchanged, Dec. 21, 1895; proclaimed Dec. 21, 1895.]

Whereas the United States of America and the United States of Mexico desire to comply fully with the provisions of the convention, concluded and signed at Washington, March 1, 1889, to facilitate the carrying out of the principles contained in the convention of November 12, 1884, between the two high contracting parties, and to avoid the difficulties occasioned by reason of the changes which take place in the beds of the Rio Grande and Colorado Rivers