reply of Mr Mills is there a single proof, a solitary positive fact, well proven, that the change of which we treat was slow and gradual? The answer can be easily given by any one who reads the foregoing with a clear and impartial mind. [Inclosure.] "B" Department of State International (Water) Boundary Commission. United States and Mexico. EL PASO, TEXAS, August 1st, 1896. (Copy.) To Señor Don F. JAVIER OSORNO, Commissioner for Mexico, International Boundary Commission, C. Juárez, Mexico. MY DEAR MR. OSORNO: In reply to your application to reopen the Chamizal Case No. 4, after due consideration of the subject and a careful examination of our proceedings in the joint journals of July 10th and 17th, I find in the former, page 4, the following: "The United States Commissioner here stated that as the Chamizal Case, No. 4, now appeared to be finally closed as to investigations of every name and nature, and as it was apparent from verbal discussions that the Commissioners would not be able to agree, and that as Mexico was the complainant, he had to request that the Mexican Commissioner present his reasons clearly and distinctly for non-agreement and that he would reply in like manner to the end that those who may have further consideration of this long, and so far, fruitless investigation may fully understand and take advantage, to the full extent, of our respective labors and conclusions." And in the latter, page 22, the following: "The United States Commissioner having concluded his reply to the compendium of the Mexican Commissioner and the two Commissioners being still unable to reach an agreement, it was decided to conclude the further consideration of the case known as "El Chamizal” No. 4, each Commissioner to report the disagreement to his government with full copy of all the proceedings in the case." From which it clearly appears that both as to evidence and argument, the case has been formally and finally closed as between the Commissioners and I must consider it inconsistent with the good order of business proceedings to reopen a case after the same has been disposed of, so far as the Commission is concerned, and I do not think my government would look favorably on such a course in deviating from agreements duly made and signed according to Articles II and IV of our regulations. Considering the earnest desire of my government for a closing of the case at the earliest possible moment, I shall forward the proceedings as soon as possible, considering the duties of the Joint Commission with it duly terminated. I have the honor to be, Sir, Very respectfully your obedient servant, MUCH ESTEEMED COLONEL: As there is nothing more to be presented on my part to the Commission, I wish that if agreeable to you, we hold a meeting tomorrow at 9 A. M., at your office. Ist. To pass upon and terminate definitely the "El Chamizal” Case. 2nd. To agree upon the form in which the joint decision upon the case of the Island is to be drawn up. Which the above will, I hope, terminate our mission as regards those two cases. I am, Your obedient servant, F. JAVIER OSORNO. [Inclosure.] "D" (Journal-Incomplete.) EL PASO, TEXAS, August 4th, 1896. The Joint Commission met at the office of the United States Commissioner at 9 A. M., taking up the Island of San Elizario Case No. 10. To avoid expense and delay the two Commissioners then agreed to accept the testimony of Martiniano Valverde and Juan Pablo Alvillar, taken before Mr. Felipe Seijas, District Judge at Juarez, Mexico. Mr. Valverde on September 8th, 1894, testified as follows: "The river prior to the year 1857 used to run on the Southern channel which is now dry; that during said year, more or less on account of a very strong freshet, the river broke in and carried away a certain dike that the Americans had built to prevent the river from changing its course, thus leaving the Southern channel from the one day to the other as dry as it is now and took its course on the North channel, which is the present channel. That the river ever since then has been running on the North channel and that the Southern channel has had water in it only at the time when the farmers of Loma Colorado constructed the ditch to get water from the river to irrigate their farms with it, but that from the year 1873 to this date they have not built any ditches and no water has gone into the Southern channel. The same channel the river abandoned in a (brusque) abrupt manner in the year 1857 as aforesaid". Mr. Alvillar on September 10th, 1894, testified as follows: "That many years before the year 1852 the river used to run then a good deal more towards the North than it now runs and that a distance of two leagues farther North could probably be estimated between the channel then and the present Northern channel now. And in the years that I have already mentioned, Ysleta, San Elizario and Socorro stood on the right bank, while at the present time they are on the left bank of said river. That some time past the river changed its course and took in and ran around the old channel, now dry, and kept running in this channel for some time, but from the year 1857 to 1858 the river changed its course again taking the present course; all of these changes being caused by the yearly freshets and risings of said river. That as 71210-11-22 he has already stated, in the year 1858 the river abandoned the old channel and took the present one. That very little water ran in the old channel after that, and this water was the surplus water coming from a ditch that the farmers of Tres Jacales built to irrigate their lands, but that said ditch was abandoned eight or ten years ago and from that time the old channel has been perfectly dry". The Joint Report of the two Consulting Engineers was then presented to the Joint Commission. From the foregoing testimony and personal observation of the Commissioners and the report and maps of the Consulting Engineers, the Commission announce as their decision; that in the year 1852 the river ran near to where the present dry bed is marked on said maps above referred to, and continued to run in that locality with slight changes until about the year 1857 or 1858, when it abandoned its old channel and opened up a new one in the direction and vicinity of the present river as marked on said before-mentioned maps. That according to Article 2 of the Treaty of 1884 the boundary remains in the old dry bed of the river as marked by the engineers upon the accompanying maps. As instructed by the Commissioners, the engineers have marked at suitable distances in the old bed, now the boundary, points for permanent monuments to identify said international boundary, as will be observed by these maps, and they are numbered consecutively from the highest point on the present river to where the old river bed again joins it, from one to twenty-one inclusive. In order to prevent delay and facilitate the prompt action by either Commission, as soon as this decision shall have been confirmed by both governments, it is agreed by the Commissioners that each government shall erect separately, each alternate monument, the United States Commissioner beginning with No. 1, taking the odd numbers and that either Commission is authorized to proceed to erect their monuments as soon as practicable after it has been advised of the confirmation of this decision by both governments, said monuments to be similar to those placed on the international land boundary West of the Rio Grande, and to be erected as soon as practicable. To which the Mexican Commissioner replied that he agreed with the decision but declined to sign it, not considering the Chamizal Case closed, and he desired to finish that before taking up the Island. The United States Commissioner then stated that he was ready to proceed to business under the request of the Mexican Commissioner of August 2nd, and asked what was his pleasure. To which the Mexican Commissioner declined to make response and announced that the meeting was dissolved. The Joint Commission having failed to determine the Island of San Elizario Case, No. 10, and being still in session, the United States Commissioner stated that he had received advice from the Department of State, that his requisition for Ten Thousand Dolars (10,000) intended to be used in the investigations regarding the dam and distribution of the waters of the Rio Grande, had failed to pass Congress. That this was a surprise to him as he understood it was to the Department. That he now had but Three Thousand Four Hundred Dollars (3,400) at his disposal and that he had been instructed to abandon any further boundary work until Congress shall have appropriated moneys for its continuance, which he had been advised by the Department, would be requested at the next Session. He requested therefore, an adjournment of the Boundary Commission sine die, or until such time as the United States Commissioner shall have been informed by his government that funds have been appropriated for the work, but not earlier than the first of February next, so that the dam and water distribution investigation may not be interfered with. To which the Mexican Commissioner declined to give official knowledge until the consideration of the Chamizal Case. To which the United States Commissioner replied that the Chamizal Case had been formally closed over the signatures of both Commissioners, and the Mexican Commissioner was advised by letter on August 1st, in which the United States Commissioner declined to re-open it. The Joint Commission being still in session, the United States Commissioner stated that he had been instructed to use all the moneys now at his disposal in the dam and water distribution investigation, making them go as far as possible, and to that end, he now requests the Mexican Commissioner to name a day, giving sufficient time to procure the presence of both Engineers, Derby and Ibarrola, for organization of the new Commission and the laying out of a program for the entire work, that the investigation may be begun as soon as practicable, and the United States Commissioner be given an opportunity to get as great results from the small amount of funds now in his possession as possible. |