it cannot maintain. We cannot justify agreeing with Mexico upon a special tribunal to determine the title to this territory and then determine it ourselves in a proceeding which, so far as Mexico is concerned, is entirely ex parte, and which is taken without any reference whatever to Mexico or to the tribunal created by a convention between the two countries.

I have the honor to request that you will direct the Marshal of the Circuit Court of the United States immediately to desist from further proceedings to execute the writs issued under any judgment of the Circuit Court of the United States relating to this tract, and that you will direct the District Attorney to take proceedings, either by intervening in the original suit in behalf of the United States, or by separate suit to enjoin further action under this judgment pending the determination of the question of the nationality of the tract before the proper international tribunal. Faithfully yours,

I have the honor to acknowledge the receipt of your letter of today, relative to the action taken by the United States Marshal under certain writs of sequestration to dispossess Mexican occupants of tract of land known as El Chamizal near El Paso. In pursuance of your request, I have given appropriate instructions to the United States Attorney and the United States Marshal for that district, and I beg to enclose herewith, for your information, copies of the same.

Very respectfully,

H. M. HOYT, Acting Attorney General.

Referring to your telegram of March twenty-sixth you are hereby directed to desist from all further proceedings to execute writs of sequestration issued under any judgment of the Circuit Court of the United States relating to tract of land known as El Chamizal. Confer with United States Attorney, who has been instructed by mail, and await further instructions.

I enclose a copy of a letter received by the Department to-day from the Secretary of State, relative to proceedings taken by the United States Marshal under writs of sequestration issued out of the Circuit Court of the United States to dispossess occupants of a tract of land known as El Chamizal, which appears to be located in the suburbs of the city of El Paso.

I have no further information about the suit or suits in which these writs were issued, except as contained in the telegram from the Marshal, dated March 26, a copy of which I enclose herewith. I find an earlier case, however, namely, W. J. Warder, plaintiff, vs. Mrs. Laura Loomis et al., not reported, in which judgment was entered by Judge Maxey April 17, 1903, which appears to proceed upon the same theory, viz: that the United States Government and the State of Texas have been for many years exercising jurisdiction, civil and political, over the tract in question, and that title under the government of Mexico cannot be recognized. I also enclose a copy of Judge Maxey's judgment.

As you will see, however, from the letter of the Secretary of State, that is an entire misconception of the case. The question of the nationality of this tract and sovereignty over the same is still in dispute between the United States and Mexico, and is sub judice before the International Boundary Commission. The question of nationality is the very matter to be determined by the Commission, or otherwise through the proper diplomatic channels, and, being a political question, is not within the jurisdiction of the

courts.

You are instructed, therefore, in accordance with the request of the Secretary of State, to appear before the Circuit Court and, either by intervention on behalf of the United States in the original suit above referred to, or in the pending causes, or else by separate action in the nature of a bill for a restraining order, take the necessary steps to suspend all proceedings and action pending the determination of the question at issue before the proper internation tribunal.

To this end I have to-day telegraphed the following instruction to the Marshal, with whom you are directed to confer and to cooperate:

"Referring to your telegram of March twenty-sixth, you are hereby directed to desist from all further proceedings to execute writs of sequestration issued under any judgment of the Circuit Court of the United States relating to tract of land known as El Chamizal. Confer with United States Attorney, who has been instructed by mail, and await further instructions."

You are also directed to report promptly your action taken under these instructions.

Número 33.

Excelentísimo Señor:

Con sumo agrado me he impuesto, por la nota de Usted número 24, fechada ayer, y anexos, de la determinación de este Gobierno respecto al asunto del "Chamizal," que traté en mi comunicación de 21 del mes próximo y en otras posteriores.

Las indicaciones que Usted se sirvió hacer al Procurador General en su nota del 29, sobre que se suspendiera todo procedimiento respecto de los terrenos comprendidos en el "Chamizal" hasta que se resuelva la cuestión pendiente sobre derecho de propiedad entre ambos países y las instrucciones dadas en tal virtud por el Procurador General Interino al Marshal de los Estados Unidos, demuestran una vez más la justificación con que obra este Gobierno y el deseo que tiene de ajustar sus actos á los principios de justicia. Sé muy bien que el Gobierno Mexicano apreciará en lo justo la deferencia y equidad con que ha obrado en este caso el de los Estados Unidos.

Me es muy grato con este motivo reiterar á Usted Excelentísimo Señor, las seguridades de mi más alta consideración.

I have been highly gratified to learn from your note No. 24, of yesterday, and its accompaniments, your Government's decision regarding the Chamizal case, with which I dealt in my communication of the 21st ultimo and subsequent ones.

The suggestions you were pleased to make to the Attorney General in your letter of the 29th as to a stay of all proceedings concerning the lands included in the Chamizal until the pending question between the two countries as to the right of ownership shall have been decided and the instructions given accordingly by the Acting Attorney General to the Marshal of the United States demonstrate once more the sense of justice which actuates Your Government and its desire to conform its acts to the principles of justice.

I am well aware that the Government of Mexico will duly appreciate the deferential and equitable course of the United States in the case.

I take great pleasure in renewing to Your Excellency on this occasion the assurances of my highest consideration.

Referring to the Department's note No. 24, of the 1st instant, I have now to inform you that the Department is in receipt of a letter, dated the 14th instant, from the Attorney General, informing the Department that the Circuit Court at El Paso, Texas, entered orders, on the 13th instant, staying all further proceeding or issuance and execution of process in all cases involving El Chamizal tract, until further ordered by the Court, and has continued the cases as to all parties except one against six defendants who were merely squatters holding under no color of title, and who had all filed sworn disclaimers; and that, even in this case, the Court has stayed issuance of the writ of possession until further ordered by the Court.

Con referencia á la correspondencia cruzada entre esta Embajada y el Departamento del digno cargo de Usted, y especialmente á la nota de Usted número 24, fechada el 1° de abril último, sobre