Me es grato reiterar á Usted, Excelentísimo Señor, las seguridades de mi más alta y distinguida consideración. Excelentísimo ELIHU ROOT, JOSÉ F. GODOY Secretario de Estado de los Estados Unidos de América. Presente. [Translation.] EMBASSY OF MEXICO TO THE UNITED STATES OF AMERICA WASHINGTON, November 7, 1907. No. 69. Most Excellent Sir: I have had the honor to receive your note No. 118, dated the 5th instant, by which you acquaint me with the reasons for which you do not think that the Department under your worthy charge can intervene in the case of W. J. Warder, T. S. Austin and J. E Terry, appellants, versus Frank B. Cotton personally and in his capacity as trustee, which involves the Chamizal boundary question and that of the avulsion and accretion along the Rio Grande which is soon to come before the Supreme Court of the United States. In reply I have the honor to inform you that I am forwarding a transcription of your note to my Government for its information and all other pertinent purposes. I take pleasure in renewing to you, Most Excellent Sir, the assurances of my highest and most distinguished consideration. JOSÉ F. GODOY. Con referencia á las gestiones hechas por esta Embajada ante el Departamento del digno cargo de Usted para la suspensión del caso de Warder y otros contra Cotton, pendiente en la Suprema 71210-11- -30 Corte de los Estados Unidos y á la nota de Usted número 118, fechada el 5 del actual, sobre el particular, tengo la honra de informar á Usted que, según me comunican, los abogados de los reclamantes mexicanos en ese caso consideran que hay alguna equivocación al creer que el asunto á que se refiere ese caso versa sobre terrenos que están al Norte de la línea de 1852 y á la vez sobre terrenos que yacen al Sur de dicha línea. Los expresados abogados aseguran que según el expediente de este caso en las páginas 8 y 9 está demostrado que los apelantes en la Suprema Corte no reclaman nada respecto de los terrenos al Norte de dicha línea y que los derechos que ellos defienden se refieren simplemente á los terrenos al Sur de la misma línea. Al poner lo anterior en el conocimiento de Usted, me es grato reiterarle, Excelentísimo Señor, las seguridades de mi más alta y distinguida consideración. Excelentísimo Señor ELIHU ROOT, ENRIQUE CReel. Secretario de Estado de los Estados Unidos de América, Presente. [Translation] EMBASSY OF MEXICO TO THE UNITED STATES OF AMERICA. No. 75. WASHINGTON, November 13, 1907. With reference to the steps taken by this Embassy with the Department in your worthy charge regarding a stay of proceedings in the case of Warder et al. vs Cotton, pending before the Supreme Court of the United States and to your note No. 118 of the 5th instant on the subject, I have the honor to inform you that I am told by the counsel of the Mexican plaintiffs in the case that they believe there must be some error in thinking that the case has to do with lands lying both north and south of the 1852 line. The said Counsel assert that as shown on pages 8 and 9 of the record of the case the appellants in the Supreme Court claim nothing as regards lands north of the said line and that the rights they vindicate only affect lands south of the same line. In bringing the foregoing to your knowledge I take pleasure in renewing to you, Most Excellent Sir, the assurances of my highest and most distinguished consideration. The Most Excellent ELIHU ROOT, ENRIQUE CReel Secretary of State of the United States of America. No. 169. Excellency: Mr. Root to Señor Creel. DEPARTMENT OF STATE, WASHINGTON, January 20, 1908. I have the honor to acknowledge the receipt of your note No. 75, of November 13 last, in which, referring to the Department's note No. 118, of the 5th of that month, regarding the stay of proceedings in the case of Warder et al. vs Cotton, pending before the Supreme Court of the United States, you state that the counsel of the Mexican plaintiffs in the case inform you that the land in dispute lies south of the 1852 line and not both north and south of that line. It is true that in the case of Cotton vs Warder et al. in the Circuit Court of the United States for the Western District of Texas, the defendants, as shown on pages 8 and 9 of the record, do, in terms, desclaim any interest in lands "lying north of the old channel of the Rio Grande, as the said channel was, at the date of the treaty of Guadaloupe-Hidalgo, between the United States of America and Mexico." When, however, in the course of the trial, as shown by the record on page 42, it became necessary to offer evidence as to the actual location of the line of 1852 upon the face of the earth, the defendants maintained and offered evidence tending to show that the said line is located considerably in the north of its actual location, as shown by the map on page 97, Volume 1, of the proceedings of the International Water Boundary Commission. That is, the defendants, although admitting that they had no claim above the line of 1852, refused to accept the location of the line of 1852, as determined by the two Governments, thereby disputing the title of the plaintiffs to property to which, as far as the two Governments are concerned, is undisputed American territory. The claim of the defendants may, perhaps, be more easily understood by reference to the enclosed map, which the Department is informed by the Executor of the Cotton estate was obtained from Mr. Warder personally, and which, as the Department is advised, the defendants have circulated in large numbers. A glance at this map will show that the line of 1852, as drawn on this map, crosses the Cotton estate in a diagonal direction, substantially from Overland to San Antonio streets, considerably to the north of the actual location of the line, which, in fact, crosses diagonally from about opposite Second street, as shown by the map of the International Boundary Commission. Moreover, this Department is in possession of an affidavit made by the Executor for the Cotton estate, stating that in the triangle formed between the line as drawn by the International Boundary Commission of 1852 and as claimed by the defendants in the suit of Cotton vs Warder et al., that is, on land the title to which is not in dispute between the United States and Mexico, but which is in dispute between the Cotton estate and Warder et al., Warder has placed tenants or squatters who dispute the title of the Cotton estate. One of the principle objects of the suit of Cotton vs Warder et al. was to eject these squatters who claim under Warder on land which is claimed by Warder but which is north of the line of 1852 as shown by the official map of the Water Boundary Commission. It was doubtless in view of this contention on the part of the defendants and other, that the International Boundary Commission, on December 11, 1907, issued a formal statement defining the limits of the territory in dispute between the two Governments, a copy of which statement, together with a copy of General Mills' letter of transmittal, is herewith enclosed. For these reasons the Department is constrained to believe that the attorneys for Warder are in error in representing that no land north of the line in 1852 was in dispute in the suit of Cotton vs Warder et al. Accept, Excellency, the renewed assurance of my highest consideration. His Excellency Señor Don ENRIQUE C. CREEL, Ambassador of Mexico. Enclosures: Map, above described.a Letter from Gen. Anson Mills, Jan. 10, 1908, with one enclosure. a [Map omitted.-Agent's note.] ELIHU ROOT. Gen. Mills to Mr. Root. DEPARTMENT OF STATE. INTERNATIONAL (WATER) BOUNDARY COMMISSION. The Honorable, SIR: WASHINGTON, D. C., January 10, 1908. The SECRETARY OF STATE. I have the honor to enclose herewith copy of a statement made by the Joint Commission and published in the newspapers of El Paso, Texas. The El Chamizal Title Company of El Paso have been circulating literature and maps setting forth that the area in dispute is much larger than that actually claimed by Mexico and this statement was made by the Joint Commission in order that the property owners in El Paso might know officially the exact location and area of the land in dispute. I have the honor to be, Sir, Very respectfully, Your obedient servant, ANSON MILLS, American Commissioner. [Translation.] The International Boundary Commission between the United States and Mexico desires to give notice to all parties interested in the land known as "El Chamizal" that all pretension that the northern limit of the area in dispute is other than the middle of the channel of the Rio Grande of 1852 is unfounded and contrary to the facts and technical data recognized by both governments. The position of the river at that date is shown in red on the map on page 97 of the publication called "Proceedings of the International (Water) Boundary Commission, United States and Mexico," and all interested parties may consult this report at the offices of the Commission if they are so disposed. The office of the Mexican Section is in the Masonic Building, Rooms 4 to 6, and |