El Paso herald. (El Paso, Tex.) 1901-1931, 1911-06-15
OPINION Of COMMISSIONER Ia FLEUR
FAILS To SETTLE CHAMlAL CASE

than the present city OF FL Paso to us
! mouth in the Gulf of Mexico, was con-
| stituted the boundary line between the
! United States and Mexico.
The contention on behalf of the United
! States of Mexico is that this dividing
1 line was fixed, under these treaties, IN
! a permanent and invar1abie manner, ana
consequently that the changes which
| have taken place in the river have not
affected the boundary line which was
| established and marked in 1852.
American Contention.
On behalf of the United States OF
America it is contended that according TO
| the true intent and meaning of the
treaties OF 1S4S and 1853, if the cham
mel of the river changes by gradual accre-
| ton the boundary follows the channel,
and that it is only in case of a sudden
/ change of bed that the river ceases to
| be the boundary, which then remains IN
the abandoned bed of the river.
It is further contended on behalf OF
| the United States of America that by
| the terms of a subsequent boundary con-
vention in 1884, rules of Interpretation
Were adopted which became applicable to
all changes IN the Rio Grande which
have occurred since the river became the
international boundary, and that the
changes which determined the formation
of the Chamizal tract are changes re-
sulting from slow and gradual erosion
and deposit of alluvion within the mean
ing of that convention, and consequently
changes which left the channel of the
river as the international boundary
line
The Mexican government, on the other
hand, contends that the Chamizal tract
having been formed before the coming
in force ofsthe. convention of 1884, that
| convention was not retroactive and could
not affect the title to the tract, and
further contends that even assuming the
case to be governed by the convention
of 1884 the changes in the channel have
not been the result of slow and gradual
erosion and deposit of alluvion.
Finally the United States of America
have set up claim to the Chamizal
tract by prescription, alleged to result
from the undisturbed, uninterrupted,
and unchallenged possession of the ter
ritoFy since the treaty OF 1848.
In 1889 the governments of the United
States and OF Mexico, by a convention,
created the international boundary COM
mission for the, purpose of carrying out
the principles contained IN the conven-
ton of 1884 and to avoid the difficulties
occasioned by the changes which take
place in the bed of the Rio Grande where
it serves as the boundary between the
two republics, and for other purposes
enumerated in Article of the conven-
ton of 1889
At a session of the boundary COM
missioners, held on the 4th of Novem-
Der. 1895, the Mexican commissioner pre-
scented the papers in case known as "El
Chamizal No. 4 !" These included a
complaint made by Pedro Ignacio Garcia,
who alleged in substance that he had
ing on the south side of the Rio Grande
known as FL Chamizal, which in conse-
quence of the abrupt and sudden change
of current of the Rio GTande was now on
the north side of the river and within
the limits of 81 Paso, Texas. This claim
was examined by the international
boundary commissioners, who heard wit
nesses upon the facts, and who. after
consideration, were unable to come TO
any agreement, and so reported to their
respective governments
As a result of this disagreement the
convention of June "a, 1910, was signed,
and the decision of the question was SUBJ
united to the present commission.
Fixed Line Theory.
Article V of the treaty of Guadalupe
Hidalgo OF 184S provides for a boundary
between the United States and Mexico
IN the following terms:
Inc boundary line between the two
republics shall commence in the Gulf of
Mexico, three leagues from land, opposite
the mouth of the Rio Grande. otherwise
called Rio Bravo del Norte. or opposite
the mouth of its deepest branch, if it
should have more than one branch
enptying directly into the sea. From
thence, up the middle OF talat river. fol-
lowing the deepest channel, where it
has more than one, to the point where
| at strikes the southern boundary of
New Mexico; thence, westwardly, along
the whole southern boundary of New
Mexico (which runs north of the town
called Pasol to its western termination;
thence, northward, along the western
line OF New Mexico until it intersects the
first branch of the river ella; COR if It
should not intersect any branch of that
river, then, to the point on the said
line nearest to such branch, and thence
IN direct line TO the same) thence
down the middle of the same branch and
OF the said river, until it elnpties into
the Rlo Colorado; thence, across the Rio
Colorado, following the division line be-
tween Upper and Lower Californa. to
the Pacific ocean.
The southern and western limits. of
New Mexico, mentioned in this article.
are those laid down in the map entitled,
Map OF the United Mexican States. as
organized and defined by various acts of
the congress of said republic, and con-
structed according to the best authori-
ties. Revised edition Published at New
fork In 1847 by j. Disturnell.' of which
map copy is added to this treaty, bear
ing the signatures and seals of the un-
dersigned plenipotentiaries And. in or
der to preclude all difficulty in tracing
upon the ground the limit separating
Upper from Lower California. it IS
agreed that the said limit shall consist
OF straight line, drawn from the middle
OF the Rio ella, where. it unites. with the
Colorado, to a point on the coast of the
Pacific ocean, distant one marine leaoue
due south of the southernmost point of
the port of San Diego, according to the
plan of said port, made in the year
1882 by Don Juan Pantoja, second SAIL
ing master Of the Spanish fleet, and
published at Madrid in the year 1902
in the atlas to the voyage of the
schooners Sutil and Mexicana; of which
plan copy is hereunto added. signed
and sealed by the respective plenipo-
| tentiaries.
In order to designate the boundary
line with due precision, upon author
itative maps. and to establish upon, the
ground landmarks which shall show
the limits of both republics, as de-