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formed me that he had a consultation with President Diaz, and that the latter fully agrees with him that to permit American troops to enter Mexican territory would be construed by the Mexican people. as well as foreign nations, as an admission of weakness, and would greatly strengthen the revolution. According to Mr. Creel's advice there are no more than 150 rebels operating in that region and he thinks that 500 troops will be sufficient to cope with them. I reminded him that what was needed was an overwhelming force.

The minister for foreign affairs said that President Diaz had instructed him to state that he appreciates the attitude of President Taft in regard to this matter and is grateful for the suggestions offered. He can not, however, act without the sanction of the Mexican senate, and he is opposed, in view of the revolutionary situation and for other grave reasons, to the calling of an extra session of Congress at this time. The President suggests that considerable time could be saved if the 500 men now on the way were allowed to proceed via San Diego, Cal. I told the minister for foreign affairs that such an arrangement would be severely criticized as being a breach of neutrality, to which he replied that no accepted rule of international law would be violated because the revolutionists had not been recognized as belligerents. I then told him that I would transmit President Diaz suggestion to the Department, intimating to him, however, that I did not believe that unqualified approval would be given to any of the foregoing. The President and the minister for foreign affairs evidently regard this matter as of the utmost importance and are disinclined to act upon Department's suggestion.

DEARING.

File No. 711.1216M/255.

The Mexican Ambassador to the Secretary of State.

No. 989.1

[Extract-Translation.]

MEXICAN EMBASSY, Washington, March 4, 1911.

EXCELLENCY: I have the honor to inform your excellency that, by direction of the war office, sufficient troops have been dispatched to Todos Santos, Lower California, in two ships, for the effective protection of lives and interests in the northern part of the peninsula, being equipped with rapid-fire guns and the requisite war supplies. I avail [etc.],

[blocks in formation]

F. L. DE LA BARRA.

MEXICAN EMBASSY, Washington, March 6, 1911.

EXCELLENCY: Confirming my confidential note No. 989 of the 4th instant, I have the honor to add that the forces designed to protect the works of the Colorado River and in general all interests in the northern part of Lower California will arrive on the 10th at Ensenada de Todos Santos, where they will join the forces of Col. Vega.

To the end that these forces may arrive without a moment's loss at the place where the works on the Colorado River are being con

structed, the Government of Mexico would be disposed to request from that of the United States the passage of said forces over the railroad, which they would take in San Diego, provided the entry of our soldiers upon the territory of this country would not subject them to conditions incompatible with the purpose that takes them to Lower California, which is that of attacking the adventurers, a majority of whom are fugitives from American justice and whose presence in Mexicali causes alarm to the Colorado company, since if the granting of said favor should be subject to any such conditions it would be preferable that the united troops of Col. Vega and of the expedition that started from Manzanillo should proceed over Mexican territory from Todos Santos to Mexicali.

I beg [etc.],

F. L. DE LA BARRA.

File No. 711.1216M/256.

The Acting Secretary of State to the Mexican Ambassador.

DEPARTMENT OF STATE,

Washington, March 7, 1911.

EXCELLENCY: I have the honor to acknowledge the receipt of your excellency's confidential note No. 1056 of the 6th instant, wherein, confirming your confidential note No. 989 of the 4th instant, you state that Mexican forces designed to protect the works of the Colorado River and in general all interests in Lower California, will arrive on the 10th instant at Ensenada de Todos Santos, where they will join the forces of Col. Vega. In taking note of the dispatch of these forces I have the honor again to refer to the conviction of this Government that anything short of an overwhelming force would be in danger of doing harm rather than good in the matter of assuring the absolute security of the Colorado River works and so forth, which is so urgently required.

Your excellency adds that in order that these forces may arrive without a moment's delay at the place where the works of the Colorado River are being constructed the Government of Mexico would be disposed to request from the Government of the United States the passage of these forces by railroad which they would take at San Diego, Cal., provided the entry of the Mexican soldiers upon American territory would not subject them to conditions incompatible with the general purpose that takes them to Lower California, but that if the granting of the permission should be subject to any such conditions it would be preferable that the Mexican troops, consisting of those under command of Col. Vega and the expedition that started from Manzanillo, should proceed over Mexican territory from Todos Santos to Mexicali.

In reply, I am compelled to inform your excellency that this Government finds itself bound to adhere to the policy indicated in the aide mémoire handed the chargé d'affaires and his excellency, Mr. Casasús, on the 14th ultimo, and that it is believed that it will be preferable to have the Mexican troops reach their destination over Mexican territory, since your excellency will readily understand that for this Government to permit the passage of Mexican troops over

American territory for the avowed purpose of engaging in general hostilities would hardly be compatible with the circumstances and principles involved.

Accept [etc.],

HUNTINGTON WILSON.

File No. 812.032/3.

Message of President Diaz to the Mexican Congress of April 1, 1911.

[Extract.]

The Government has given special attention and granted certain privileges to work on the Colorado River dikes, which is being done in Baja California territory by an authorized Mexican company.

File No. 711.1216M/288.

The Mexican Ambassador to the Secretary of State.

[Translation.]

No. 1435.]

MEXICAN EMBASSY, Washington, May 24, 1911.

EXCELLENCY: The department of foreign relations writes me that in case the defensive works of the Colorado River in Lower California are completed, it would like to transfer the forces now charged with the special protection of those works to other places and assign them to other duties in the public service.

I hope that your excellency will be pleased to send me a reply as soon as possible so as to transmit it by telegraph to my Government. I have [etc.],

M. DE ZAMACONA.

File No. 711.1216M/287.

No. 41.]

The Secretary of State to the Mexican Ambassador.

DEPARTMENT OF STATE, Washington, June 1, 1911. EXCELLENCY: I have the honor to inclose herewith a copy of a letter from the Secretary of the Interior, transmitting correspondence between Col. Mayol, who commanded the Mexican troops on guard duty in the vicinity of the protective works along the Colorado River, and Mr. J. A. Ockerson, the engineer in charge of the works.

This Government highly appreciates your Government's courtesy in detailing these troops for the duty mentioned, as well as the capable and successful manner in which Col. Mayol and his command accomplished their task.

Accept [etc.],

P. C. KNOX.

[Inclosure.]

The Secretary of the Interior to the Secretary of State.

DEPARTMENT OF THE INTERIOR,
Washington, May 23, 1911.

SIR: I have the honor to inclose herewith copy of communication from Mr. J. A. Ockerson, in charge of the protective works along the Colorado River, to Col. Mayol in command of the Mexican troops assigned to guard duty in the vicinity of said works. Mr. Ockerson's action in relieving the Mexican troops from further patrol duty was predicated upon the practical completion of the work assigned to him and had the approval of this department.

I venture to suggest that the substance of the inclosed correspondence be communicated to the Mexican ambassador with appropriate expression of appreciaion of the courteous action on the part of the Mexican Government in detailing its troops for the performance of the duty in question.

I have [etc.],

[Subinclosure.]

WALTER L. FISHER.

Mr. J. A. Ockerson to the commander of Mexican troops.

COLORADO RIVER LAND Co.,

YUMA, ARIZ., May 10, 1911.

MY DEAR COLONEL: I have the honor to inform you that my work at the Abejas River, for the present at least, is about concluded, and it is expected that the entire force of workmen will be disbanded by the end of the present week.

It seems proper to state therefore that further service of your troops as guards for this particular work may be terminated on or before May 14.

Cars will be placed at your disposal for the transportation of your troops and equipment to the vicinity of Algodones.

It is a great pleasure to make acknowledgment and to express my deep appreciation of the courtesy of your Government in detailing troops for this particular service, and I congratulate you on the very successful manner in which you have accomplished the extremely difficult task assigned to you.

Trusting that the near future may find you and your command in the midst of more congenial surroundings, and that the gloom which now seems to hover over your country may very soon be dispelled by the bright sunshine of prosperity and happiness for all her people, I beg to remain with expressions of highest regards.

Yours, very sincerely,

J. A. OCKERSON, Engineer in Charge.

CONVENTION AND SUPPLEMENTAL PROTOCOL BETWEEN THE UNITED STATES AND MEXICO; AWARD AND DISSENTING OPINIONS-CHAMIZAL TRACT ARBITRATION.

Convention.

Signed at Washington, June 24, 1910; ratification advised by the Senate December 12, 1910; ratified by the President, January 23, 1911; ratified by Mexico, December 27, 1910; ratifications exchanged at Washington, January 24, 1911; proclaimed, January 25, 1911.

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 for the arbitration of the differences which have arisen between the two Governments as to the interna

tional title to the Chamizal tract, was concluded and signed by their respective plenipotentiaries at Washington on the twenty-fourth day of June, one thousand nine hundred and ten, the original of which convention, being in the English and Spanish languages, is word for word as follows:

CONVENTION FOR THE ARBITRATION OF THE CHAMIZAL CASE.

The United States of America and the United States of Mexico, desiring to terminate, in accordance with the various treaties and conventions now existing between the two countries, and in accordance with the principles of international law, the differences which have arisen between the two Governments as to the international title to the Chamizal tract, upon which the members of the International Boundary Commission have failed to agree, and having determined to refer these differences to the said commission, established by the convention of 1889, which for this case only shall be enlarged as hereinafter provided, have resolved to conclude a convention for that purpose, and have appointed as their respective plenipotentiaries:

The President of the United States of America, Philander C. Knox, Secretary of State of the United States of America; and The President of the United States of Mexico, Don Francisco León de la Barra, ambassador extraordinary and 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.

The Chamizal tract in dispute is located at El Paso, Texas, and Ciudad Juarez, Chihuahua, and is bounded westerly and southerly by the middle of the present channel of the Rio Grande, otherwise called Rio Bravo del Norte, easterly by the middle of the abandoned channel of 1901, and northerly by the middle of the channel of the river as surveyed by Emory and Salazar in 1852, and is substantially as shown on a map on a scale of 1-5,000 signed by General Anson Mills, commissioner on the part of the United States, and Señor Don F. Javier Osorno, commissioner on the part of Mexico, which accompanies the report of the International Boundary Commission, in Case No. 13, entitled "Alleged Obstruction in the Mexican End of the El Paso Street Railway Bridge and Backwaters Caused by the Great Bend in the River Below," and on file in the archives of the two Governments.

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

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