Imperial Valley press., 1919-09-11

This first treaty, which is sonl'
times referred to as applying to Il
Colorado River. contains the followin;
IN Article VII:
The River Gila and the part of
the Rio Bravo del Norte lying he
low the southern boundary of New
Mexico being, agreeable to the
fifth article, divided in the middle
between the two republics. navi-
cation of the Gila and of the
Bravo below the said boundaries
shall be free and cemon to the
vessels and citizens of both coun-
tries.
Notice what rivers they are-th
Gila and the Rio Bravo del Norte.
Mr.. Sinnott. What is the Gila?
Mr. Swing. I. is branch of tn
Colorado, which for time was th'
boundary line, until the Gadsden 'ur
chase. 1t says those two rivers shall
be free to the citizens of both coun
tries (reading):
And neither shall. without the
consent of the other, construct any
works that impede or interrupt, in
whole or in part, the exercise of
this right; not even for the pur-
pose of favering new methods of
navigation. Nor shall any tax or
contribution, under any denomina-
tion or title, believed upon vessels
or persons navigating the same or
upon merchandise or Effects trans
ported thereon, except in the case
of landing upon one of their
shores. If for the purpose of max
ing said rivers navigable, or for
maintaining them insuch state, It
should be necessary or advantag-
eous to establish any tax OF con-
tribution, this shall not he done
without the consent of both gov
ernments. The stipulations con-
tanned in the present article shall
not impair the territorial rights of
either Republic within its estab-
lished limits.
That is all relating to the Gila ant
TO the Rio Grande, in this treaty callee
the Rio Bravo del Norte.
Mr.. Hayden. That is the origina
treaty?
Mr.. Swing. That is the origina
treaty.
That section, being Article VII re
lating to the Gila and Rio Grande
was expressly repealed by the mex
treaty that of 1858.
Article VI in the original treat,
had this provision with regard to tht
Colorado River:
The vessels and citizens of the
United States shall in all times
have free and uninterrupted
passage by the Gulf OF Cali
fornia and by the River Colora-
do below its confluence with the
Gila; il being understood that
this passage is to be by navigat-
ing the Gulf of California and
the river and not by land, without
the express consent Of the Mexi-
can Government
This clearly distinguishes the Col
orado River from the Gila or the Rit
Grande. You see, they make two diff
ferent kinds Of provisions. one for th,
Colorado and the other for the Ri,
Grande and the Gila.
Mr.. HAYDEN. Have we ever waived
the right TO navigate the waters o
the Colorado River?
Mr.. Swing. | think we have, by in
consistent acts and by voluntaril,
withdrawing all vessels from the riy
er. There is no such thing as navi
CATION for the Colorado River. W
put bar in there at Yuma with n
provision for navigation, when tn
Government built the Laguna dan
and since the river broke through i
1909 it would be utterly irnpossibl
for rowboat eye:: to 90 in throug
there: there is no such thing as
channel, it spreads out over miles Q
country.
Mr.. Little II still leaves the rive
there, does it not?
Mr.. Swing. Well, YOU know in Ca
ifornia we have rivers above groun
and river below ground. That is tru
also in Mexico, understand.
( Mr.. Evans. ! have heard abo.
flowers without perfume, but ] d
not know about rivers without waite
Mr.. Swing. In the Gadsdeh treat
proclaimed in 1854. article 4tpreyidi
as follows:
The provisions of the sixth and
seventh articles (which ] have
heretofore read) of the treaty Of
Guadalupe Hidalgo having been
rendered nugatory for the mort
mart hv the cassin, nf 4arr;tn tnr~