El Paso claims, may be considered as settled in a satisfactory way, as our contentions are acceptable in principle. * * 1 HENRY LANE WILSON. File No. 711.1215/458a. The Acting Secretary of State to the American Ambassador. [Telegram-Paraphrase.} DEPARTMENT OF STATE, Washington, March 27, 1913. 144. Referring to recent telegraphie correspondence relating to Chamizal case, the Department understands that the general assurances contained in your No. 118 of March 18, 2 p. m., when construed in the light of Mr. De la Barra's assurances reported in your No. 105 of March 13, that "the Chamizal case was agreed upon according to the American proposal", means that Mexico reaffirms as the bases of the proposed negotiations the fundamental ideas set forth in the Mexican Embassy's memorandum of January 27, with the substantive modifications contained in the Department's telegram of March 3, that is: inclusion of the Córdova Tract and the limitation of the amount of the proposed awards. You will address a note to the Foreign Office stating that this is the Department's understanding and quoting textually the substantive modifications of the Mexican Embassy's memorandum proposed in the telegram of March 3 from the Department to you. ADEE. File No. 711.1215/459. The American Ambassador to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, Mexico, March 28, 1913. 141. Department's March 27, in the sense of which I addressed a note to the Foreign Office and have just received Mr. De la Barra's reply, which in substance says that his Government considers it opportune to open final negotiations taking as the point of departure the impracticability of applying the decision of the court convened in El Paso, with the understanding that the exact application of the treaties of 1848, 1853 and 1884 shall be sought; that the propositions recently made by his Government (see Department's telegram of March 3) shall be accepted as bases; and that the modifications proposed by the Government of the United States in that telegram Shall be the first object of the discussions between the Department and the Mexican Embassy. The Mexican Ambassador will receive precise instructions on these points and will be able to count on all the means necessary to arrive at an agreement without more delay. HENRY LANE WILSON. The omissions are irrelevant to the present subject; the entire telegram is printed under Claims of American citizens against Mexico, ete. File No. 812.00/7431. The American Ambassador to the Secretary of State. [Telegram-Extract-Paraphrase.1] AMERICAN EMBASSY, 225. President Huerta has in effect refused further to consider the Chamizal question until such time as the United States recognizes his administration. WILSON. File No. 711.1215/474. The American Ambassador to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, 281. A note from the Foreign Office just received states in substance: Concerning questions growing out of the Chamizal arbitral award, the Mexican Government has always shown its disposition to enter into equitable negotiations in accordance with the views of the United States. The failure of the United States to recognize Emilio Rabasa as Ambassador at Washington, and the unusual relations existing between the two Governments-preventing further negotiations on a matter originating at Washington and which should be continued there, and causing the Mexican Foreign Office to confine its dealings with the United States to urgent and routine business-make it indispensable that the Chamizal question should be treated from a new point of view. The provisions of Article 8 of the Chamizal arbitral convention dated June 24, 1910, and its additional protocol, fix June 15, 1913, as the date for the execution of the award. Considering that its practical execution requires the cooperation of the two Governments, Mexico submits this point to the United States, reserving all of its rights to the portion of the Chamizal covered by the award and maintaining that its failure to execute the award on the date fixed shall not be argued in the future as detrimental to Mexico. File No. 711.1215/474. HENRY LANE WILSON. The Secretary of State to the American Ambassador. [Telegram-Paraphrase.] DEPARTMENT OF STATE, 244. Your June 9. Write Mexican Foreign Office that you have advised the Department by telegraph of the purport of its note and For a fuller paraphrase of this telegram see Claims of American citizens against Mexico, etc. that pending receipt of full text of the note by mail you are instructed to say that this Government takes note of the reservation of all Mexico's rights in the matter and will hereafter take up the negotiations at the point where they were lately interrupted and endeavor to reach a mutually satisfactory conclusion along the general lines already marked out and agreed on. BRYAN. File No. 711.1215/476. The American Ambassador to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, 286. Department's 244 of June 13. I had already made acknowledgment of the note, practically in the sense of the Department's instruction. But for fear of any omission I have just sent an additional note. HENRY LANE WILSON. CONSTRUCTION AND MAINTENANCE OF PROTECTIVE WORKS ON THE COLORADO RIVER AND NEGOTIATIONS WITH THE GOVERNMENT OF MEXICO CONCERNING THE EQUITABLE DISTRIBUTION OF THE WATERS OF THAT RIVER.1 File No. 711.1216m/301. The Acting Secretary of the Interior to the Secretary of State. DEPARTMENT OF THE INTERIOR, Washington, Sepember 12, 1911. SIR: Herewith I hand you copy of a letter, dated September 8, 1911, together with enclosures, from Col. J. A. Ockerson, engineer in charge and commissioner on the part of the United States for the construction of works for the purpose of protecting lands and property in Imperial Valley, and elsewhere along the Colorado River, within the United States, against injury or destruction by reason of changes in the channels of the Colorado River, as provided for in the act of June 25, 1910 (36 Stat., 867), from which it will be seen that work is about to be resumed, but that the Inspector Oficial del Río Colorado, F. B. Puga, in letter of September 2, has advised Col. Ockerson that it is his personal opinion that the permit and privileges heretofore granted by Mexico in regard to the construction of these works have expired, and therein is indicated the course to be pursued in order to have the same renewed. I should be pleased to have you give this matter early consideration. [Inclosure.] The Commissioner for the United States to the Secretary of the Interior. OFFICE OF ENGINEER, SIR: I have the honor to hand you herewith copy of letter sent to Mr. Puga, commissioner from Mexico, and his reply thereto, both relating to the resumption of work on the Colorado River. In accordance with his suggestion I have taken the matter up with the representative of the Colorado River Land Company in Mexico City, through General H. G. Otis, with the request that a decision may be reached at the earliest practicable date, in order that resumption of work may not be delayed. I did not understand that the exchange of notes between the two Governments included any limitations as to time in which the work should be completed; and if need be, I suggest that the matter be revived through the State Department. Very respectfully, J. A. OCKERSON. [Subinelosure 1.] The Commissioner for the United States to the Official Inspector for Merico. ST. LOUIS, August 25, 1911. DEAR SIR: The resumption of work along the Colorado River in Baja California, which was suspended on account of floods on May 20th last, is contemplated early in October. 1. A careful survey will be made to determine the present condition of the levee and dam. It is my intention to take this up very soon. 2. The first construction work will be the restoration of such portions of the levee north of the Abejas River as have been damaged, and the construction of tapoons or spurs at suitable intervals along the river side thereof to prevent erosion from water flowing along the base during overflow stages of river. 3. The raising and enlarging of the levee north of Volcano Lake to such height and section as may be necessary to insure its safety for several years. 4. The dismantling of such railway tracks and equipment as will not be needed and laying such new railway tracks as the projected work may require. The details of the projected work can only be determined after a careful survey of the present conditions has been made and maps and plats will then be sent to you. In the meantime I assume the work can be carried on under the same terms as defined by your Government both as to operating under the Colorado River Land Company by me as attorney in fact, and also as to the customs rulings covering the entry of any and all things required for the proper prosecution of the work. Your prompt consideration and favorable response to these suggestions is earnestly requested in order that there may be no delay in the inauguration of active operations as contemplated. With highest regard [etc.] [Subinclosure 2.] J. A. OCKERSON. The Official Inspector for Mexico to the Commissioner for the United States. MEXICO CITY, September 2, 1911. DEAR SIR: I am answering your letter of August 25, received here yesterday. My personal opinion is that the permit and privileges granted to your company last year in regard to the construction of a levee and dam on the western bank of the Colorado River in Lower California, Mexico, has expired, since all correspondence relating to those works specially mentioned the month of May, 1911, as the latest date in which they should be finished and since they were actually completed-though badly damaged later on-within the designated time. In my own judgment, your company ought to apply again to our Department of Fomento for new authority and customs rulings, and please notice that I say and mean "Fomento" and not "Foreign Relations," as the former is the only department of our Government empowered by law to grant such kind of permits and privileges. I should say you won't meet with any particular trouble in getting what you wish if you act quickly through the company's representative in this capital and along the general lines herein suggested. Nevertheless, I am forwarding at once your consultation to the proper Mexican Government officials and will let you know their final answer as soon as it reaches me. I wish to add that the outline of what you propose to do in handling the new constructive work is satisfactory to me in a technical sense, and I don't believe any serious objection will be made to your plans, once properly legalized. Yours very truly, File No. 711.1216M/301. F. B. PUGA. The Acting Secretary of State to the American Ambassador. DEPARTMENT OF STATE, Washington, September 19, 1911. No. 551.] SIR: I enclose herewith a copy of a letter from the Acting Secretary of the Interior, transmitting correspondence from which it appears that work on the Colorado River protective works is about to be resumed, but that the Mexican official inspector has advised the American engineer in charge that he believes that the permit and privileges granted by Mexico in this case have expired. I also enclose copies of previous diplomatic correspondence relating to the construction of these works. You will say to the Foreign Office that it is desired soon to renew the construction along the Lower Colorado River of the protective works begun but uncompleted last winter. It is very desirable and apparently necessary that such works be entirely finished before the flood-water season of next spring. The Government of the United States would, therefore, be pleased if the Government of Mexico would issue the appropriate orders to customs officials and other interested officers, so that the work may be proceeded with and speedily completed under the arrangements heretofore entered into between the two governments. I am [etc.] File No. 711.1216M/305. HUNTINGTON WILSON. The American Ambassador to the Secretary of State. No. 1004.] AMERICAN AMBASSY, Mexico, October 9, 1911. SIR: I have the honor to refer to the Department's instruction of the 19th ultimo, No. 551, relative to the resumption of work on the Colorado River protective works, and to enclose to the Department a copy, in translation, of the Foreign Office's reply to the Embassy's note based on that instruction. I have [etc.] HENRY LANE WILSON. See For. Rels. 1911, pp. 551-555. |