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I may be consulted: provided however that the distance between two consecutive monuments shall never exceed eight thousand metres, and that this limit may be reduced on those parts of the line which are inhabited or capable of habitation.
Where stone shall be found in sufficient abundance, the monuments may be of stone; and in other localities shall be of iron in the form of a simple tapering four-sided shaft with pediment, rising above the ground to a height of six feet, and bearing suitable inscriptions on its sides. These monuments shall be at least two centimeters in thickness, and weigh not less than five hundred pounds each. The approximate number thereof to be required may be determined from the reports of the preliminary reconnaissance-parties, and the monuments, properly cast and finished, may be sent forward from time to time to such spots as the Commission may select, to be set in place at the sites determined upon as the work progresses.
The Engineers-in Chief of both sections shall determino, by common consent, what scientific processes are to be adopted for the resetting of the old monuments and the erection of the new ones; and they shall be responsible for the proper performance of the work.
On commencing operations, each section shall report to its government the plan of operations upon which they shall have jointly agreed; and they shall from time to time submit reports of the progress made by them in the said operations; and finally they shall present a full report, accompanied by the necessary drawings, signed by the Engineerin-Chief and the two Associate Engineers on each side, as the official record of the International Boundary Commission.
The expenses of each section shall be defrayed by the government which appointed it; but the cost of the monuments and of their transportation shall be equally shared by both governments.
Whenever the number of the monuments to be set up shall be approximately known as the result of the labors of the preliminary reconnaissance-parties, the Engineers-in-Chief shall prepare an estimate of their cost, conveyance and setting up; and when such estimate shall have been approved by both governments, the mode of making the payment of the part to be paid by Mexico shall be determined by a special arrangement between the two governments.
The work of the International Boundary Commission shall be pushed forward with all expedition; and the two governments hereby agree to regard the present convention as continuing in force until the conclusion of said work, provided that such time does not exceed four years and four months from the date of the exchange of the ratifications hereof.
Time extended. See conventions of 1885, 1889, and 1894.
The destruction or displacement of any of the monuments described herein, after the line shall have been located by the International Boundary Commission as aforesaid, is hereby declared to be a misdemeanor, punishable according to the justice of the country of the offender's nationality if he be a citizen of either the United States or México; and if the offender be of other nationality, then the misdemeanor shall be punishable according to the justice of either country where he may be apprehended.
This convention shall be ratified on both sides and the ratifications exchanged at Washington as soon as possible.
In testimony whereof we have signed this convention in duplicate, in the English and Spanish languages, and affixed hereunto the seals of our arms.
Done in the City of Washington this 29th day of July, in the year of Our Lord one thousand eight hundred and eighty tv
FREDk T. FRELINGHUYSEN. SEAL.]
COMMERCIAL RECIPROCITY ('ONVENTION. Concluded January 20, 1883; ratification adrised by the Senate with
amendments March 11, 1884; ratified by the President May 20, 1884; ratifications erchanged May 20, 1884; proclaimed June 2, 1884. (Treaties and Conventions, 1889, p. 714.)
This convention of ten articles made mutual agreements for the importation of certain products of each country into the other free of duty.
Owing to the failure of legislation to carry the convention into effect it ceased to be operative May 20, 1887.
1884. BOUNDARY CONVENTION, RIO GRANDE AND Rio COLORADO. Concluded November 12, 1884; ratification advised by the Senate March
18, 1885; modifications consented to by the Senate June 23, 1886; ratified by the President July 10, 1886; ratifications erchanged September 13, 1886; proclaimed September 14, 1886. (Treaties and Conventions, 1889, p. 721.)
I. Boundaries in rivers named. IV. Bridges.
V. Riparian rights.
VI. Ratification. Whereas, in virtue of the Vth article of the Treaty of Guadalupe Ilidalgo between the United States of America and the United States of Mexico, concluded February 2, 1848, and of the first Article1 of that of December 30, 1853, certain parts of the dividing line between the two countries follow the middle of the channel of the Rio Grande and the Rio Colorado, to avoid difficulties which may arise through the changes of channel to which those rivers are subject through the operation of natural forces, the Government of the United States of America and the Government of the United States of Mexico have resolved to conclude a convention which shall lay down rules for the determination of such questions, and have appointed as their Plenipotentiaries:
1 See p. 393.
The President of the United States of America, Frederick T. Frelinghuysen, Secretary of State of the United States; and
The President of the United States of Mexico, Matías Romero, Envoy Extraordinary and Minister Plenipotentiary of the United Mexican States;
Who, after exhibiting their respective Full Powers, found in good and due form, have agreed upon the following Articles:
The dividing line shall forever be that described in the aforesaid Treaty and follow the center of the normal channel of the rivers named, notwithstanding any alterations in the banks or in the course of those rivers, provided that such alterations be effected by natural causes through the slow and gradual erosion and deposit of alluvium and not by the abandonment of an existing river bed and the opening of a new one.
Any other change, wrought by the force of the current, whether by the cutting of a new bed, or when there is more than one channel by the deepening of another channel than that which marked the boundary at the time of the survey made under the aforesaid Treaty, shall produce no change in the dividing line as fixed by the surveys of the International Boundary Commissions in 1852, but the line then fixed shall continue to follow the middle of the original channel bed, even though this should become wholly dry or be obstructed by deposits.
No artificial change in the navigable course of the river, by building jetties, piers, or obstructions which may tend to deflect the current or produce deposits of alluvium, or by dredging to deepen another than the original channel under the Treaty when there is more than one channel, or by cutting waterways to shorten the navigable distance, shall be permitted to affect or alter the dividing line as determined by the aforesaid Commissions in 1852 or as determined by Article I hereof and under the reservation therein contained; but the protection of the banks on either side from erosion by revetments of stone or other material not unduly projecting into the current of the river shall not be deemed an artificial change.
See p. 404.
If any international bridge have been or shall be built across either of the rivers named, the point on such bridge exactly over the middle of the main channel as herein determined shall be marked by a suitaable monument, which shall denote the dividing line for all the purposes of such bridge, notwithstanding any change in the channel which may thereafter supervene. But any rights other than in the bridge itself and in the ground on which it is built shall in event of any such subsequent change be determined in accordance with the general provisions of this convention.
Rights of property in respect of lands which may have become separated through the creation of new channels as defined in Article II hereof, shall not be affected thereby, but such lands shall continue to be under the jurisdiction of the county to which they previously belonged
In no case, however, shall this retained jurisdictional right affect or control the right of navigation common to the two countries under the stipulations of Article VII of the aforesaid Treaty of Guadaloupe Ilidalgo; and such common right shall continue without prejudice throughout the actually navigable main channels of the said rivers, from the mouth of the Rio Grande to the point where the Rio Colorado ceases to be the international boundary, even though any part of the channel of said rivers, through the changes herein provided against, may be comprised within the territory of one of the two nations.
This convention shall be ratified by both parties in accordance with their respective constitutional procedure, and the ratifications exchanged in the City of Washington as soon as possible.
In witness whereof the undersigned Plenipotentiaries have hereunto set their hands and seals.
Done at the City of Washington, in duplicate, in the English and Spanish languages, this twelfth day of November, A. D., 1884.
FRED* T. FRELINGHUYSEN. [SEAL.] [SEAL.] M ROMERO.
Concluded February 25, 1885; ratification advised by the Senate
March 20, 1885; ratified by the President Vovember 12, 1885; ratifications exchanged November 27, 1885; proclaimed May 4, 1886. (Treaties and Conventions, 1889, p. 729.)
The time for the enactment of legislation to carry into effect the Convention of 1883 was extended by this convention to May 20, 1886.
MEXICO-DEC. 5, 1883; MAY 14, 1886; FEB. 18, 1889"; MAR. 1, 1889.
BOUNDARY CONVENTION. Concluded December 5, 1885; ratification advised by the Senate with
amendment June 21, 1886; ratified by the President June 23, 1887; ratifications exchanged June 27, 1887; proclaimed June 28, 1887. (Treaties and Conventions, 1889, p. 1189.)
The time for completing the work of the Boundary Commission authorized under the Convention of 1882 (p. 409) was extended eighteen months by this convention.
RECIPROCITY CONVENTION. Concluded May 14, 1886; ratification advised by the Senate January
7, 1887; ratified by the President January 24, 1887; ratifications ecchanged January 29, 1887; proclaimed February 1, 1887. (Treaties and Conventions, 1889, p. 1190.) 'The time for the enactment of legislation to carry the Convention of 1883 into effect was further extended by this convention to May 20, 1887.
BOUNDARY CONVENTION. Concluded February 18, 1889; ratification advised by the Senate
March 26, 1889; ratified by the President April 30, 1889; ratifications erchanged October 12, 1889; proclaimed October 14, 1889. (U. S. Stats. Vol. 26, p. 1493.)
Owing to the failure to appoint the commission authorized by the Convention of 1882 (p. 409) within the time specified, as extended by the Convention of 1885, it ceased to have effect. By this convention the provisions of the Convention of 1882 were revived for a period of five years from the date of the exchange of ratifications.
BOUNDARY CONVENTION. Concluded March 1, 1889; ratification advised by the Senate May 7,
1890; ratified by the President December 6, 1890; ratifications exchanged December 24, 1890; proclaimed December 26, 1890. (U. S. Stats. Vol. 26, p. 1512.)
ARTICLES. I. International Boundary Commis- VI. Examinations. sion authorized.
VII. Jurisdiction. II. Composition.
Colorado and Rio Grande. The United States of America and the United States of Mexico, desiring to facilitate the carrying out of the principles contained in