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would be able, in conformity with national sentiment, to cede El Chamizal based on interpretation of the treaties of 1853 and 1884. The exchange could be made as Mr. De la Barra had proposed while he was Ambassador at Washington, but the arrangements could not be carried into effect until Mexican sentiment had been prepared.

* 1


File No. 312.11/1214.


Mexico, March 1, 1913midnight. 64. Mr. De la Barra called at the Embassy this morning for the purpose of a further discussion of matters referred to in my February 28, midnight. He dictated a memorandum which he proposes to submit to the Cabinet tomorrow, part of which is satisfactory and part of which is not.

His position in the Colorado River and the Chamizal cases, he states, depends on replies now pending from the Department. In the Tlahualilo matter



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File No. 711.1215/455.

The Secretary of State to the American Ambassador.



Washington, March 3, 1913—8 p. m. 69. Your 58. February 28, midnight, and your 64, March 1, midnight, Chamizal case.

The Department is at a loss to understand Minister de la Barra's suggestion of a settlement of the Chamizal case through the cession by the United States of San Elizario and Beaver Islands, except upon the theory that Señor de la Barra has not had opportunity to become conversant with the recent course of the negotiations. For reasons explained to Señor de la Barra when he was Ambassador here and since then repeatedly pointed out to Ambassador Calero, the cession of San Elizario Island is absolutely impossible and can not even be discussed by this Government. You will so inform the Minister of Foreign Relations at once, adding that the Department is under the impression that Beaver Island, as such, no longer exists. His proposition is, moreover, entirely inconsistent with the whole course of the negotiations for the past year, culminating in a recent memorandum by the Mexican Embassy in this city, containing tentative bases which, in the opinion of this Department, afford a reasonable basis for discussion, although naturally the Department will desire to propose certain modifications.

You will point out these considerations to the Foreign Minister and say to him that if a settlement is to be reached it must be upon these bases, certainly not less favorable to the United States than those already proposed by his predecessor in office.

1 The remainder of this telegram is irrelevant to the present subject; it is printed under Claims of American citizens against Mexico, etc.

The substantive modifications which the Department proposes to the Embassy's recent propositions are, first, the inclusion of the Córdoba tract as well as the Chamizal tract in the United States, the boundary line being so drawn that the Horcón tract and the small tract near El Paso south of the river would fall to Mexico; second, a provision that the awards of the proposed commission should in no case exceed the appraised value of the lands in question as fixed by the tax assessors in El Paso at the date of the award without taking into account any improvements except those, if any, made by claimants under Mexican private title.

A prompt commitment of the settlement of this question along these lines is regarded by the Department as of the utmost importance.


File No. 812.00/6681.

The American Ambassador to the Secretary of State.



Mexico, March 13, 1913. 105. General Huerta informed me today that the Chamizal case was agreed upon according to the American proposal.


File No. 312.11/1282.


Mexico, March 18, 1913—2 p. m. 118. The exact text of a note just received from the Foreign Office follows:

Relative to the questions pending between our Governments, I have the honor to assure your excellency of the friendly attitude of Mexico in its desire to settle them satisfactorily.

The Goyernment of Mexico not only wishes to show that it is moved by the highest sentiments of justice and that it desires to create closer relations: with the United States, but to demonstrate by actual deeds that, the national crisis having passed, it wishes to initiate a reorganization of the country by satisfying all claims founded on law and equity.

With reference to the Chamizal case the Government has deeply interested itself in order to establish definite bases to the end that this question may be promptly settled and with this object in view proper instructions will be given to its Ambassador in Washington who will have the prompt settlement of this case as the main object of his diplomatic mission; and inasmuch as it was started and carried on at that capital it would seem that it should be now continued there to a definite conclusion.

With reference to the Colorado River I believe that the above will convince your excellency that the President of the Republic has given preferred attention to the matters in question and that when they are definitely decided he will do everything necessary to have them closed as soon as possible and in accordance with the general principles of law and the highest equity.

As soon as compatible with careful study of the foregoing, I desire the Department's instructions thereon. The matters of the Chamizal, Tlahualilo, Colorado River, and the Alamo, Douglas and

El Paso claims, may be considered as settled in a satisfactory way, as our contentions are acceptable in principle.


File No. 711.1215/458a.

The Acting Secretary of State to the American Ambassador.



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 proposeci 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.


File No. 711.1215/459.

The Imerican Ambassador to the Secretary of State.



Nexico, 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 1818, 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.


i The omissions are irrelevant to the present subject; the entire telegram is printed under Claims of American citizens against Mexico, etc.

File No. 812.00/7431.

The American Ambassador to the Secretary of State.

(Telegram-Extract- Paraphrase.')


Mexico, May 8, 1913. 225. President Huerta has in effect refused further to consider the Chamizal question until such time as the United States recognizes his administration.


File No. 711.1215/474.

The American Ambassador to the Secretary of State.



Mexico, June 9, 1913. 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.
The Secretary of State to the American Ambassador.



Washington, June 13, 1913. 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.


File No. 711.1215/476.

The American Ambassador to the Secretary of State.



Mexico, June 13, 1913. 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.




File No. 711.1216m/301.

The Acting Secretary of the Interior to the Secretary of State.


Washington, Sepember 12, 1911. Sır: 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. Very respectfully,


1 Continued from For. Rel. 1911, pp. 525-565. 140322°-F R 1913- 62

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