70 W. 200 varas to a stake. Thence N. 83 W. 200 varas to a stake. Thence N. 73 W. 480 varas to a stake. Thence N. 55 W. 500 varas to a stake. Thence N. 70 W. 560 varas to a stake. Thence N. 46 W. 200 varas to a stake. Thence N. 40 W. 500 varas to a stake. Thence N. 28 W. 300 varas to the place of beginning. Surveyed 18th Nov., 1872. JAS. A. TAYS, I do hereby certify that the foregoing was made according to law, and that the limits, boundaries and corners together with the marks natural and artificial are truly described in the foregoing plat and field notes. EL PASO, TEXAS, 6th Jan. 1873. Jos. WILKEN TAYS, Surveyor El Paso County. I do hereby certify that this is a true copy of the record on file in the County Surveyor's Office. F. B. DABNEY, Consulting Engineer. [Joint Journal.} CIUDAD JUAREZ, MEXICO, May 12th, 1896. The Joint Commission met at the office of the Mexican Commissioner pursuant to the adjournment of the 7th instant. The witnesses Samaniego and Varela not being present, the United States Commissioner then presented certified copies of four official papers dated September 21st and 24th, 1827, from the Public Archives of Paso del Norte, Book No. 13, pages 59, 60, 61, and 62, corresponding to the year 1827, which embrace the application of Juan Maria Ponce de Leon for a grant of two caballerias of land opposite Paso del Norte, the grant of the same and the survey and field notes thereof; these two caballerias being the same that accretions thereto are the subject of this investigation, and for a more intelligent understanding of the case he requests that the Consulting Engineers be directed to plat the survey of the two caballerias on the sketch of the land, now in preparation by them, and that the papers above referred to be attached to the proceedings in the case. The United States Commissioner also presented a certified extract of the testimony of José Sanchez, now deceased, in the District Court of El Paso County, Texas, in the November Term of 1884, Johns vs Crosby, the object of which is to prove the location of Ponce's first house, and that the house with adjoining lands was destroyed by the flood waters of 1830, and he further presented a certified copy of a Decree of the Alcalde of Paso del Norte, dated May 4th, 1830, denying the petition of Juan Maria Ponce de Leon to have restored to him the lands which the floods of the river had lessened his possession of two caballerias, and informing him that the Government could make no further replacement than the sand bar which the river had left. He asks that this testimony be incorporated in the journal of this day. TESTIMONY OF JOSÉ SANCHEZ. "I live in Paso del Norte, Mexico, where I was born. I am past my 78th year. Was clerk in Chihuahua 6 or 7 years, when I was young, and except that time I have lived in Paso del Norte. Knew Ponce de Leon perfectly well from the time I was very young until he dies. Have nearly always held positions under the Mexican Government. Have been Jefe Politico, and individual member of the Council. Was "Alcalde" many times, and Captain of the auxiliary troops in the regiment. I am present Cindico of the Council, and representative of the public ministry. Ponce lived in Paso del Norte, and on this side too. He would go from one side to the other after he became the owner of property over here, and lived in both places. He built on this side. At first he constructed a house here which the river afterwards washed away, and then Ponce built higher up. "I know where the river ran in 1827; knew Buchanan's house; it ought to be standing now in block 33, lot 140, as shown in map. It came to be remote from where river ran in 1827. In 1827 the river was where the bridge is now, over the acequia between southeast corner, block 33, and southwest corner, block 181, below the court house, on El Paso street. River ran almost straight from the bridge for some distance, passing the south edge of the new jail, on northeast quarter of block 198. "Ponce's house was washed away about 1830, the river turned towards the new court house, on block 209, passing to the south edge of it, close to the clump of cotton-wood trees, between the new jail and court house. It can now be seen on the ground where the river ran. Know where Stanton's house is, on the Northwest quarter of block 205. In 1827, the river was some distance from that house; when it changed after the flood it ran there. " DECREE OF ALCALDE OF PASO DEL NORTE. "No. 2. In accordance with the report of the commission who went to inspect the land about which you request a restoration of as much as the floods of the river lessened your possessions, as a result S. S. (terms of respect) the Council has resolved that only the sand-bar shall be given you, which the said flood left bounding on your lands, not being able to make a further replacement on account of the damages that such action would result to the neighborhood, God and I. PASO, May 4, 1830 JOSÉ MARIA CORDOVA. TO SR. DN. JUAN MARIA PONCE de Leon. "This is a copy of its original from which it was made faithfully and legally to-day, the first of March, 1833; the same which was made at the request of Juan Maria Ponce de Leon on this common paper because of the lack of the proper kind, but with the precaution that the party must replace it, in virtue of which, the citizen, I, Ramon Dias, third Constitutional "Alcalde", of this place, thus certified and signed with my assistants, I bear witness. RAMON DIAS. ASSISTANT: Lazaro Archuleta. ASSISTANT: José Antonio Barela. Fee two dollars, I so swear." The Mexican Commissioner stated that he had no objections to the platting of the two caballerias granted Ponce on the preliminary sketch, and include in the proceedings, the testimony of Mr. José Sanchez, and the decision of the "Alcalde" of Paso del Norte, both of which are herein inserted, as he deems them useful for the history of the case, although not of importance, in his opinion, as regards the question at issue of international law. The Consulting Engineers are therefore instructed as above. The Joint Commission then adjourned at 12:30 to meet again on the 13th instant at 11 A. M., to take the testimony of Dr. Samaniego and Mr. Varela. ANSON MILLS. JOHN A. HAPPER. F. JAVIER OSORNO. [Joint Journal.] EL PASO, TEXAS, May 14th, 1896. The Joint Commission met at the office of the United States Commission at 10 A. M., to take additional testimony of Mr. Ynocente Ochoa, at the request of the United States Commissioner. The Mexican Commissioner being still unable to procure the attendance of the witness Samaniego, he not having been able to give his testimony before the Joint Commission on account of sickness, the meeting scheduled for yesterday was not had, and his examination is postponed until a future date. Mr. Ynocente Ochoa, a witness introduced by the Mexican Commissioner heretofore, was then recalled, and asked the following question by the United States Commissioner Q. In your former testimony I think you stated that you had lost some lands by the changes of the river. Will you please state at what time or times you lost these lands, giving the year or years if practicable?-A. The land I referred to in my testimony of April 14th, I lost about three or four years ago in 1892 or 1893, but since that time the river has left this land again on the Mexican side; consqeuently I have recovered what I lost. The Mexican Commissioner then asked the following question of the witness: Q. Notwithstanding what you say, do you admit, as you said in your former testimony that the changes alluded to in 1862 and 1864, were violent?-A. The largest change was violent as I have already stated and took place in 1864. The United States Commissioner then asked the following question of the witness: Q. Was there any violence in the change that took away your own land in 1892 or 1893?-A. The river washed away all that land of mine in one year and I suppose it was by violence. The Mexican Commissioner then asked the following question of the witness: Q. Do you think that the carrying away of houses, trees, and tearing the shore, and also carrying away defensive works, is violence?—A. I suppose it is, but I will explain that the river sometimes washed away those houses, lands, and trees with a less power than at other times. The questions and answers were then read to the witness and found by him to be correct. The Mexican Commissioner then exhibited some communications from Mr. T. W. Dougherty, Attorney-at-Law, addressed to the Joint Commission, but after an informal conference with Mr. Dougherty, it was agreed by the two Commissioners not to formally present these papers until Monday next when the attorney, Mr. Dougherty, stated he might change or alter them. The Joint Commission then adjourned to meet again on Saturday, at 10 A. M., May 16th, at the office of the Mexican Commissioner, to take the testimony of Dr. Samaniego. ANSON MILLS. JOHN A. HAPPER. [Joint Journal.] F. JAVIER OSORNO. CIUDAD JUAREZ, MEXICO, May 16, 1896. The Joint Coinmission met at the office of the Mexican Commissioner pursuant to the adjournment of the 14th, to take the testimony of Doctor Mariano Samaniego. Doctor Mariano Samaniego, a witness on the part of Mexico, was then duly sworn by the Mexican Commissioner, and the following are the questions propounded by the Commissioner for Mexico, and the answers thereto: Q. State your name, age, residence, and occupation.-A. Mariano Samaniego; 64 years of age; reside here in Juarez, Mexico; landowner and physician. Q. How long have you resided here?-A. Since 1844 but I have been away several times. From '45 to '51 I was absent at school. From November '52 to December '59 I was away also; and from '72 up to date I have been away at times; the longest absence being from '77 to '79. Q. Have you held any official positions in this place?-A. I have been Jefe Politico; Governor of the State of Chihuahua, and Congressman to Mexico. Q. Either as an official or private party do you know anything of the peculiarities and characteristics of the river?-A. I know about the habits and characteristics of the river. The river is very changeable on account of the soil being movable. Q. You say the river is changeable. During your experience on the river, have you noticed that these changes occurred during the whole year or only during the floods?-A. During the floods generally. Q. Do you think that those changes were made by the violence of the waters?-A. These changes occur along the curves of the river and by the eating of the sand, and are more perceptible when the waters recede. |