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ARTICLE II. The difference as to the international title of the Chamizal tract shall be again referred to the International Boundary Commission, which shall be enlarged by the addition, for the purposes of the consideration and decision of the aforesaid difference only, of a third commissioner, who shall preside over the deliberations of the commission. This commissioner shall be a Canadian jurist and shall be selected by the two governments by common accord, or, failing such agreement, by the Government of Canada, which shall be requested to designate him. No decision of the commission shall be perfectly valid unless the commission shall have been fully constituted by the three members who compose it.
ARTICLE III. The commission shall decide solely and exclusively as to whether the international title to the Chamizal tract is in the United States of America or Mexico. The decision of the commission, whether rendered unanimously or by majority vote of the commissioners, shall be final and conclusive upon both governments, and without appeal. The decision shall be in writing and shall state the reasons upon which it is based. It shall be rendered within thirty days after the close of the hearings.
ARTICLE IV. Each government shall be entitled to be represented before the commission by an agent and such counsel as it may deem necessary to designate; the agent and counsel shall be entitled to make oral argument and to examine and cross-examine witnesses and, provided that the commission so decides, to introduce further documentary evidence.
ARTICLE V. On or before December 1, 1910, each government shall present to the agent of the other party two or more printed copies of its case, together with the documentary evidence upon which it relies. It shall be sufficient for this purpose if each government delivers the copies and documents aforesaid at the Mexican Embassy at Washington or at the American Embassy at the City of Mexico, as the case may be, for transmission. As soon thereafter as possible, and within ten days, each party shall deliver two printed copies of its case and accompanying documentary evidence to each member of the commission. Delivery to the American and Mexican commissioners may be made at their offices in El Paso,
Texas; the copies intended for the Canadian commissioner may be delivered at the British Embassy at Washington or at the British Legation at the City of Mexico.
On or before February 1, 1911, each government may present.to the agent of the other a counter case, with documentary evidence, in answer to the case and documentary evidence of the other party. The countercase shall be delivered in the manner provided in the foregoing paragraph.
The commission shall hold its first session in the city of El Paso, State of Texas, where the offices of the International Boundary Commission are situated, on March 1, 1911, and shall proceed to the trial of the case with all convenient speed, sitting either at El Paso, Texas, or Ciudad Juarez, Chihuahua, as convenience may require. The commission shall act in accordance with the procedure established in the boundary convention of 1889. It shall, however, be empowered to adopt such rules and regulations as it may deem convenient in the course of the case.
At the first meeting of the three commissioners each party shall deliver to each of the commissioners and to the agent of the other party, in duplicate, with such additional copies as may be required, a printed argument showing the points relied upon in the case and counter-case, and referring to the documentary evidence upon which it is based. Each party shall have the right to file such supplemental printed brief as it may deem requisite. Such briefs shall be filed within ten days after the close of the hearings, unless further time be granted by the commission.
Each government shall pay the expenses of the presentation and conduct of its case before the commission; all other expenses which by their nature are a charge on both governments, including the honorarium for the Canadian commissioner, shall be borne by the two governments in equal moieties.
ARTICLE VII. In case of the temporary or permanent unavoidable absence of any one of the commissioners, his place will be filled by the government concerned, except in the case of the Canadian jurist. The latter under any like circumstances shall be replaced in accordance with the provisions of this convention.
ARTICLE VIII. If the arbitral award provided for by this convention shall be favorable to Mexico, it shall be executed within the term of two years, which can not be extended, and which shall be counted from the date on which the award is rendered. During that time the status quo shall be maintained in the Chamizal tract on the terms agreed upon by both governments.
ARTICLE IX. By this convention the contracting parties declare to be null and void all previous propositions that have reciprocally been made for the diplomatic settlement of the Chamizal case; but each party shall be entitled to put in evidence by way of information such of this official correspondence as it deems advisable.
ARTICLE X. The present convention shall be ratified in accordance with the constitutional forms of the contracting parties and shall take effect from the date of the exchange of its ratifications.
The ratifications shall be exchanged at Washington as soon as possible.
In witness whereof, the respective plenipotentiaries have signed the above articles, both in the English and Spanish languages, and have hereunto affixed their seals.
Done in duplicate at the City of Washington, this 24th day of June, one thousand nine hundred and ten.
PHILANDER C. Knox (SEAL) ]
SUPPLEMENTARY PROTOCOL BETWEEN THE UNITED STATES AND MEXICO
FOR THE ARBITRATION OF THE CHAMIZAL CASE.1
Signed at Washington, December 5, 1910; ratifications exchanged Jan
uary 24, 1911; proclaimed January 25, 1911. The Plenipotentiaries who negotiated and signed the convention of June 24, 1910, for the arbitration of the Chamizal Case, being thereunto duly empowered by their respective governments, have agreed upon the following supplementary protocol:
1 U. S. Treaty Series No. 556.
Whereas it has become necessary, owing to the lapse of time, that the dates fixed by Article V of the before-mentioned convention be changed, it is hereby agreed as follows:
The date for the presentation of the respective cases and documentary evidence is fixed for February 15, 1911;
The date for the presentation of the respective countercases and documentary evidence is fixed for April 15, 1911;
The date for the first session of the commission is fixed for May 15, 1911.
All other provisions of the convention of June 24, 1910, remain unchanged.
This supplementary protocol shall be ratified in accordance with the constitutional forms of the contracting parties and shall take effect from the date of the exchange of its ratifications.
The ratifications of the convention and the supplementary protocol shall be exchanged at Washington as soon as possible.
In witness whereof, the respective plenipotentiaries have signed the above supplementary protocol, both in the English and Spanish languages, and have hereunto affixed their seals.
Done in duplicate at the city of Washington, this fifth day of December, one thousand nine hundred and ten.
PHILANDER C. Knox [SEAL]
BOUNDARY CONVENTION BETWEEN THE UNITED STATES AND MEXICO. Concluded at Washington, March 1, 1889; ratifications exchanged
December 24, 1890. 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 International 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 with 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