New-York tribune., 1885-03-20

Il
between the United States of America and the
limited States of Mexico, touching the boundary
line between the two countries where it follows
the bed of the Rio Grande and Rio ella, concluded
Novemberl2 1884 and add that the convention is IN
accordance with an opinion of the Hon. Caleb Cush-
ing Attorney-General, dotted November ii, 1896
lSee opinions of Attoneys-General, VOL Nil" page
175 arclnous bOundaries).
CHESTER A. ARTHUR,
Executive Mansion Washington, Dec. 3, 1884. =
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, 1s4S, certain parts OF the
dividing line between the two countries follow the
middle channel of the Rio Grande and the klo
Gila 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 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 l.
Frelnghuysen, Secretary of State of the United
States, and the President of the United states of
Mexico, Matias Romero Envoy Extraordinary and
Minister Plenipotentary 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 1.-The dividing line shall forever be
that described in the aforesaid treaty and follow
the centre of the normal channel OF the rver 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 allu-
ylum and not by the abandonment OF an existing
river bed and the opening of new one.
ARTICLE ll-Any other 81 anges wrought oy the
force of the current, whether by the cutting OF
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 the dividing line as liked by the surveys
of the International Boundary Commissions IN
1852; but the line then liked shall continue TO fol-
low the middle of the original channel bed, even
though this shOuld become wholly dry or be
obstructed nv deposits.
gable of the river. by building jetties, piers
or Instructions which may tend to defect the cur
rent or produce deposits of alu Vium, or by dredg-
ing TO deepen another than the original channel
under the treaty when there is more than one
channel, or by cutting waterways TO
peEnitted to afiect or alter the dividing
line was determined by the aforesaid commission IN
under the reservation therein contained; but the
protection of tho banks on either side from ero-
duly projecting INTO the current of the river shall
not be deeued an artificial change. .,,
ARTICLE lN.-lf any lnIttudllOHdI bilhgoS ia'p
been OF shall be built across either of the rivers
named, the point of such bridges exactly over the
middle of the main channel, rs herein determined,
shall be marked by suitable monument, which
shall denote the dividing line for all the purposes
of such bridge, notwithstanding any change III the
channel which may thereafter supervene But
anv rights other than In the bridge Itself and IN
the ground on which 1t is built shall IN event
of any such subsequent change be
determined in accordance with the general pro-
visions Of this convention.
Article V.-Rignts of property in respect Of
lands VIII ch may have become separated through
the creation Of new channels as dehned III
Article III herein shall not be affected thereby
but such lands shall continue to lie under the Jurls-
diction of the country to which they pre-
viOusy belonged. In no case, however.
shall this retained jurisdiction or right affect or
control the right of navigation common to the two
the aforesaid treaty of Guadal0upe, HldalgO aud
such common rights shall continue without preJu-
dice throughout the actually navigabe man chan-
nels of the said rivers from the mouth OF tine Rio
Grande TO the point where the Rio CHA
ceases 10 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. .o ,
AKTIcLE VI.-This convention shall be ratified
by both parties in accordance with their respective
constitutional procedure, and the Publications ex-
changed III the city of Washington as soon as POS
sIble.
In witness whereof the undersigned plenip0ten-
tiar .es have hereunto set their hands and seals
Done at the city Of Washington. III duplicate, in
the English and Spanish languages, tins twelfth
day of November, A. d., 1884.
FREDEIcK T. FRELINGHUYsEN.
NJ RDMEhO