El Paso herald. (El Paso, Tex.) 1901-1931, 1911-06-15
CONTINUED from Page u

general government of each, In con-
formity with its own constitution
The fluvial portion of the boundary
called for by the above treaty. insofar
as the Rio Grande is concerned, ex-
tending from its mouth to the point
where it strikes the southern boundary
of New Mexico, appears to have been
fixed by the surveys Of the interna-
donal boundary commission in 1882
In 1853. in consequence Of dispute
as to the land boundary and the ac-
QUESTION Of a portion Of territory now
forming part of New Mexico and Ari-
IONA, known as the "Gadsden Pur-
chase" the boundary treaty OF 1852
was signed, the first article of which
deals with the boundary as follows:
The Mexican republic agrees 70
designate the following as her true
limits with the United States for the
future, retaining the same dividing line
between the two CALIFORNIA; as al
ready defined and established accord
ing to the fifth article of the treaty
OF Guadalupe Hidalgo. the limits be-
tween the two republics shall be as
follows: Beginning in the gulf OF Mex
leo, three leagues from land, opposite
the mouth of the Rio Grande, as pro-
vided in the fifth article Of the treaty
Of Guadalupe Hidalgo, thence as de-
fined In the said article, up the mid
die Of that river to the point where
the parallel of 81 deg. AZ min. north
latitude crosses the same, thence Que
west 100 miles, thence due south to the
parallel of 81 deg 20 min. north lati--
tude, thence along the said parallel OF
81 deg 20 min to the 111th 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 ella 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 govern
ments shall nominate one commissioner
to the end that, by common consent,
the two thus nominated having met
in the city of Paso del Norte, three
months after the exchange of the ratl-
fications of this treaty may proceed
to survey and mark out upon the land
the dividing line stipulated by this
article, where it shall not already have
been surveyed and established by the
mixed commission according TO tho
treaty of Guadalupe. keeping journal
and making proper plans of their oper-
atoms. For this purpose, II they shall
Judge IT 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 con-
currence shall not be considered neces-
sary for the settlement and ratification
OF a true line Of division between the
two republics; that line shall be alone
established upon which the commits
sioners may fix, their consent in this
particular being considered decisive
and an integral part Of this treaty,
without the necessity Of Inferior ratf-
fication 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 respect
ed 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 accord
ance with the constitution of each
country respectively.
I'm consequence. the stipulation in
the fifth article of the treaty Of Qua
dalupe upon the boundary line therein
described is no longer Of any force,
wherein it may conflict with that here
established: the said line being consid-
cred 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"
The treaty OF Guadalupe Hidalgo,
signed on the End Of February, 184S,
provides that the boundary line be-
tween the two republics from the gulf
of Mexico shall be the middle of the
Rio Grande, following the deepest
channel. where it has more than one,
to the point where it strikes the
southern boundary of New Mexico 1t
is conceded, on both sides. that if this
provision stood alone it would un-
doubtedly constitute a natural. or ar
cifinious, boundary between the two
nations and that, according to Well
known principles of international law.
this fluviaI boundary would continue,
notwithstanding notifications Of the
course Of the river caused by. gradual
accretion on the one bank or degrade
ton Of the other bank; whereas, If the
river deserted its original bed and
forced for itself a new channel in an
other direction the boundary would
remain in the middle Of the deserted
river bed.
1t is contended, however. on behalf
OF Mexico. that the provisions in the
treaty providing Tor designation "a
the boundary line with due precision,
upon authoritative maps, and for es-
tablishing upon the ground landmarks
showing the limits of both republics.
and the direction to commissioners and
surveyors to run and mark the boun-
dairy in its full course to the mouth
of the Rio Grande. coupled with the
final stipulation that the boundary
line thus established should be reiig-
iously respected by the two republics,
and no change should ever be made
therein, except by the express and free
consent Of both nations, takes this
case out of the ordinary rules or In
ternational law and by a conventional
agreement converts a natural. or ar
cifinious, boundary into an artiriclal
and invariable one In support or TINS
contention copious references have been
made to the civil law. distinguishing
between lands whose limits were es-
tablished by fixed measurements (agrl
aimitati) and arcifinious lands. which
were not so limited (agri arcifinii)-
These two classes Of lands were
sometimes contrasted by saying that
arcifinious lands were those which had
natural boundaries. such as mountains
and rivers, while limited estates were
those which had fixed measurements.
las a consequence of this distinction
the Roman law denied the existence OF
Of h q