which would interfere with the enjoyment by a nation within its own territory of whatever was necessary to the development of its resources or the comfort of its people. The immediate as well as the possible consequences of the right asserted by Mexico show that its recognition is entirely inconsistent with the sovereignty of the United States over its national domain. Apart from the sum demanded by way of indemnity for the past, the claim involves not only the arrest of further settlement and development of large regions of country, but the abandonment, in great measure at least, of what has already been accomplished. It is well known that the clearing and settlement of a wooded country affects the flow of streams, making it not only generally less but also subjecting it to more sudden fluctuations between greater extremes, thereby exposing inhabitants on their banks to increase of the double danger of drought and flood. The principle now asserted might lead to consequences, in other cases, which need only be suggested. It will be remembered that a large part of the territory in question was public domain of Mexico and was ceded as such to the United States, so that their proprietary as well as their sovereign rights are involved. It is not suggested that the injuries complained of are or have been in any measure due to wantonness or wastefulness in the use of water, or to any design or intention to injure. The water is simply insufficient to supply the needs of the great stretch of arid country through which the river, never large in the dry season, flows, giving much and receiving little. The case presented is a novel one. Whether the circumstances make it possible or proper to take any action from considerations of comity is a question which does not pertain to this department; but that question should be decided as one of policy only because, in my opinion, the rules, principles, and precedents of international law impose no liability or obligation upon the United States. Very respectfully, JUDSON HARMON, The Mexican Minister to the Secretary of State. [Translation.] LEGATION OF MEXICO, Washington, December 28, 1895. DEAR MR. SECRETARY: I have the honor to inform you that I sent to the Government of Mexico a report of the conversation which we had on the 14th ultimo, at the Department of State, relative to the use of the water of the Rio Grande, which river, for a considerable part of its course, serves as the boundary line between the two countries, and that I have now received instructions from Mr. Mariscal, Secretary of Foreign Relations of the United States of Mexico, dated City of Mexico, December 17, 1895, whereby I am informed that the Government of Mexico is prepared to agree with that of the United States that a mixed commission, which might be the International Commission engaged on the water-boundary survey, which is now at El Paso, Texas, be instructed to examine the various plans for damming the river which have been presented, or to suggest the terms and conditions which the work should fulfill in order most successfully to meet the object for which it is intended, and, in every case, to present an estimate of the expense that it would entail. I am instructed to add that if the United States Government assents to this preliminary arrangement, the Government of Mexico will (as soon as it shall be apprised of such assent) issue suitable instructions to its Commissioner, each Government reserving the right to change the personnel of its commission by appointing other engineers, if it shall see fit to do so, for all of which an exchange of notes will be sufficient. Be pleased to accept, Mr. Secretary, the assurances of my most distinguished consideration. No. 73. M. ROMERO. The Secretary of State to the Mexican Minister. DEPARTMENT OF STATE, Washington, January 8, 1896. SIR: I have the honor to acknowledge the receipt of your note of the 28th ultimo, wherein you state that you have transmitted to your Government a report of our conversation of November 14 last, on the subject of the Rio Grande boundary, and that it is prepared to agree with this Government that a mixed commission-which might be the Water Boundary Commission-should be charged with the duty of examining the various projects of damming the river which have been presented. Accept, etc. RICHARD OLNEY. The Secretary of State to the Mexican Minister. No. 74. DEPARTMENT OF STATE, Washington, January 8, 1896. SIR: Referring to our conversation of the 14th of November last, and to your note of the 28th ultimo, I have now the honor to ac knowledge the receipt of your note of the 7th instant, wherein you state that your Government has instructed you to say that it would prefer a separate commission to be appointed to examine the various projects of dams on the Rio Grande at El Paso, as the assignment of new duties to the existing boundary commission would interfere with its important work. Accept, etc. RICHARD OLNEY. The Mexican Minister to the Secretary of State. [Translation.] MEXICAN LEGATION, Washington, February 20, 1896. MR. SECRETARY: I have the honor to inform you, referring to my notes of 28th December and 7th January last, that I have received instructions from my Government to state to that of the United States that the Government of Mexico desires that the mixed commission, which may be appointed by them to consider the matter of an international dam in the Rio Bravo del Norte (Rio Grande), should not limit its investigations to this point, but should extend them to all other points which it may be convenient to have knowledge of in order to reach an equitable and satisfactory solution of the questions offered by the problem of the waters of that river, as for example the volume of its flow as an annual average, the amount of water drawn off by the irrigating canals constructed in the State of Colorado and the Territory of New Mexico, etc.; to the end that with full knowledge of the case it may be decided whether the dam proposed by Colonel Mills will satisfy the object for which it is projected, and, in any case, reach the determination which may be most appropriate in the business. No. 77. Be pleased to accept, etc., M. ROMERO. The Secretary of State to the Mexican Minister. DEPARTMENT OF STATE, Washington, February 24, 1896. SIR: I have the honor to acknowledge the receipt of your note of the 20th instant, stating that you have received instructions from your Government expressing a desire that the mixed commission should not limit its investigations to a determination of an international dam in the Rio Grande, but should extend them to all other points which it may be convenient to have knowledge of in order to reach an equitable and satisfactory solution of the questions offered by the problem of that river. Accept, etc., RICHARD OLNEY. The Mexican Minister to the Secretary of State. [Translation.] MEXICAN LEGATION, Washington, March 6, 1896. MR. SECRETARY: I have the honor to inform you that I have received instructions from the Government of Mexico to state to that of the United States that the matter relative to the appointment of a mixed commission, charged with inquiry into the practicability of an international dam in the Rio Bravo del Norte (Grande) near El Paso, Tex., having been carefully considered in connection with the other questions relative to the use of the waters of international rivers, to which my notes to your department of the 28th December, 1895, 5th January and 20th February last refer, it is believed that, conformably with the spirit of the treaty of the 12th of November, 1884, as expressed in Article III thereof, and of the convention of March 1, 1889, in Article I, the International Commission on the Fluvial Boundaries, created by the latter convention, appears to be the one which should be called upon to take cognizance of this matter in preference and propose to the respective Governments the solu tion which it may judge fitting. The reason which had previously decided the Government of Mexico to propose that a special commission should be named was, on the one hand, the desire not to interrupt the labors of the Fluvial Boundary Commission, and, on the other, to emphasize the importance of the labors assigned to the new commission by committing them to persons who would exclusively devote themselves thereto; but, taking into account that this difficulty would be obviated were each Government to increase, in the way they might both esteem proper, the number of its agents in the Fluvial Boundary Commission, the Government of Mexico believes that to this commission the examination in question might be committed, and if the Government of the United States be of the same opinion the necessary agreement might forthwith be reached, in order that the commission should begin the performance of its labors as soon as possible. Be pleased to accept, etc., M. ROMERO. The Mexican Minister to the Secretary of State. [Translation.] MEXICAN LEGATION, Washington, March 12, 1896. MY DEAR MR. OLNEY: Pursuant to the intimation you were pleased to give me in the interview we had yesterday, I send you a memorandum with its translation in English covering the points in regard to which the Government of Mexico wishes to effect an agreement with that of the United States in the matter of the use of the waters of the Rio Grande. I am, my dear Mr. Olney, Very truly yours, M. ROMERO. [Inclosure.] MEMORANDUM. The United Mexican States and the United States of America wishing to obtain the necessary information and data to decide in conformity with the stipulations of treaties now in force between the two countries, and under the basis of equity, the questions relating to the use of the waters of the boundary rivers, and the Government of the United States acting by virtue of the authority conferred upon the President by act of Congress of the United States approved by the President the 29th of April, 1890, they agree that the International Water Boundary Commission, organized under the convention of March 1, 1889, will proceed to make a special study of the facts affecting that question, as the amount of water of the Rio Grande, taken by the irrigation canals constructed in the United States of America, the average amount of water in said river during this year, compared with what it had before such canals were built, and to propose such solutions of those difficulties, as they may deem convenient, as the construction of a dam on the said Rio Grande, near El Paso, Tex., which will assure the equitable distribution of the waters to the inhabitants of both sides of the river, or any other solution which they may deem convenient. The commissioners will address to their respective Governments a collective report in case both should agree upon a given solution or separate reports in case they should come to different conclusions. With a view to facilitate this work to the International Water Boundary Commission, each Government will be authorized to appoint such assistant commissioners, engineers, or clerks to the commission as they may deem convenient and the commission so organized will make the study entrusted to the same and will present their report or reports within months from the date of this provision. |