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No. 232.]

QUESTION OF CITIZENSHIP.

Mr. Gray to Mr. Gresham.

LEGATION OF THE UNITED STATES,

Mexico, January 30, 1894. (Received February 8.) SIR: Herewith I have the honor to transmit the application, in duplicate, of August Huguet, of Monterey, Mexico, for a passport. The affiant states that he was born at Houston, Tex., on or about the 25th day of February, 1861; that his father was a naturalized citizen of the United States; that affiant left the United States in September, 1866; that he is temporarily residing at Monterey. His application shows that affiant was only 5 years of age when he left the United States, and I infer that he has resided in Mexico continuously since 1866, and intends to continue to so reside, as he makes no declaration of his intention to return to the United States. Mr. Joaquin Mais, who signs the certificate of identification, I understand to be a prominent and responsible citizen of Monterey, and will qualify to his certificate. I desire, as early as may be convenient to the Department, instructions whether Mr. Huguet's application is sufficient to entitle him to a passport.

I am, etc.,

ISAAC P. GRAY.

Mr. Gresham to Mr. Gray.

No. 188.]

DEPARTMENT OF STATE, Washington, February 10, 1894. SIR: I have received your No. 232 of the 30th ultimo, in which you transmit the application in duplicate of August Huguet, of Monterey, for a passport.

The application is defective in not adducing proof of the father's naturalization, but in view of the American birth of Mr. August Huguet, he has a good claim to lawful citizenship by origin, independently of his father's status. The circumstance that he quitted the United States when 5 years old, and has not for twenty-seven years since had a domicile in the land of his birth, is not consistent with the bona fide conservation of his native allegiance, which should necessarily appear to entitle him to protection as a citizen of the United States. When a minor is removed from this country, as in this instance, the best proof he can give on attaining his majority, of his honest purpose to discharge the duties and bear the burdens of the citizenship he claims, is to return to and dwell in the United States. In the present instance, Mr. Huguet has permitted eleven years to lapse since he became of age without taking steps to resume his natural domicile; and as he gives no satisfactory proof of his intention and ability to do so at any future time, the facts do not warrant the issuance of a passport to him. I am, etc.,

W. Q. GRESHAM.

DEMARCATION OF BOUNDARY.

Mr. Gresham to Mr. Romero.

DEPARTMENT OF STATE,
Washington, January 24, 1894.

SIR: I have the honor to inform you that the Department has received for its consideration a copy of the rules adopted by the Bound

ary Commission organized under the convention of March 1, 1889, between the United States and Mexico.

Colonel Mills, the American commissioner, in his letter written from El Paso transmitting these rules, says that he desired the adoption of a rule by which the commission could proceed at once upon its approval to mark the international bridges as provided in Article tv of the convention of 1884.

The Mexican commissioner objected to this, being of the opinion that no action as to marking the line on the bridges can be taken until both Governments provide therefor.

The American commissioner suggests that both Governments should at once by telegraph give instructions to their respective commissioners to mark the line on the bridges "for two important reasons: First, that of definite jurisdiction over crimes and disorders on the bridges, all of them much traveled and several hundred yards long, and, second, being now on the ground, to mark them will occupy but a few hours, whereas if we have to return here from the lower river for that purpose it will be at an expense of several hundred dollars and loss of much time."

Colonel Mills's suggestions strike me as forcible, and I should be very glad if you would call to-morrow at the Department in order that we may, if possible, arrange to have the bridges marked as proposed by him.

Accept, etc.,

Mr. Romero to Mr. Gresham.

[Translation.]

W. Q. GRESHAM.

LEGATION OF MEXICO, Washington, February 9, 1894.

MR. SECRETARY: I have the honor to inform you that, in accordance with the contents of your note of the 24th ultimo, and with the desire expressed by you during the interview which we had at the Department of State on the 25th, I suggested to the Government of Mexico by cable to instruct the commissioner of Mexico on the International Boundary Commission which was organized in pursuance of the convention of March 1, 1889, to proceed to the demarcation of the boundary line on the international bridges between El Paso, Tex., and Paso del Norte, Mexico, according to Article IV of the convention of November 12, 1884, thus taking advantage of the presence of the commissioners at El Paso, Tex.; and that I have received a reply from the Government at Mexico, bearing date of the 30th ultimo, whereby I am informed that the Mexican commissioner had already been authorized to proceed to the determination of the boundary line between the afore said towns in strict harmony with the convention of 1889.

Be pleased to accept, etc.,

Mr. Gresham to Mr. Romero.

M. ROMERO.

DEPARTMENT OF STATE,
Washington, February 21, 1894.

SIR: I have the honor to acknowledge the receipt of your note of the 9th instant, apprising me that the Mexican Boundary Commission

has been authorized to proceed with the demarcation of the boundary line between the United States and Mexico on the bridges between El Paso and El Paso del Norte in strict conformity with the conventions of November 12, 1884, and March 1, 1889.

I have so advised the commissioner on the part of this Government. Accept, etc.,

Mr. Romero to Mr. Gresham.

[Translation.]

W. Q. GRESHAM.

LEGATION OF MEXICO,

Washington, March 12, 1894. (Received March 12.)

MR. SECRETARY: I have the honor to inform you that I communi. cated to the Government of Mexico your note of the 21st ultimo in reply to mine of the 9th of that month, whereby I advised your Department that the Government of Mexico had instructed its commissioner on the International Boundary Commission which was organized under the convention of March 1, 1889, to proceed to the demarcation of the dividing line between the towns of El Paso del Norte, Mexico, and El Paso, Tex., in strict conformity with said convention, availing himself of the presence of the commissioners in the latter of the aforesaid towns, and that I have now received a communication from Mr. Mariscal, secretary of foreign relations of the Mexican Government, dated City of Mexico, March 2, 1894, instructing me to state to this Government that the notice of the Government of Mexico was attracted by the fact that your reply refers merely to the demarcation of the line on the international bridges, whereas the authority given to the Mexican commissioner was to demark the boundary line between El Paso del Norte, Mexico, and El Paso, Tex., on which demarcation that of the bridges connecting them depends.

The Government of Mexico has reason to think that the bed of the Rio Grande has changed in that place since the boundary was determined in pursuance of the treaty of Gaudalupe Hidalgo, and the first question to be decided is where the boundary line between those towns passes.

The Government of Mexico has desired to make this explanation to that of the United States in order to prevent any misunderstanding with regard to this matter.

Be pleased to accept, etc.,

M. ROMERO.

Mr. Romero to Mr. Gresham.

[Translation.]

LEGATION OF MEXICO, Washington, July 2, 1894. (Received July 2.)

MR. SECRETARY: I have the honor to inform you that Señor Mariscal, secretary for foreign affairs of the United Mexican States, notified me by cable that the President of Mexico disapproved the decision of the International Boundary Commission in fixing the dividing line on the

bridges over the River Bravo, and has sent me by mail a detailed report on the subject.

Immediately on the receipt of these particulars I shall have the honor to communicate them to you.

Accept, etc.,

M. ROMERO.

Mr. Romero to Mr. Gresham.

[Translation.]

LEGATION OF MEXICO,

Washington, July 9, 1894. (Received July 9.)

MR. SECRETARY: I have the honor to forward to you, with reference to my note of the 2d instant, in regard to marking the boundary line. on the bridges over the River Bravo between Paso del Norte, Mexico, and El Paso, Tex., a copy of a communication that Señor Mariscal, secretary of foreign relations of the Mexican United States, addressed on the 29th June last to Señor Don Francisco Javier Osorno, Mexican commissioner on the Mexican and United States International Boundary Commission, which contains the grounds of the disapproval by the Government of Mexico of the provisional designation by both commis. sioners of the boundary line on those bridges.

As this communication fully states these grounds, which to me appear unanswerable and which determined the Government of Mexico to adopt the decision stated, I do not think it necessary to say more on this subject. M. ROMERO.

Accept etc.,

[Inclosure. Translation.]

Señor Mariscal to Señor Osorno.

MINISTRY OF STATE AND OFFICE OF FOREIGN RELATIONS,

Mexico, June 29, 1894.

I reported to the President of the Republic your note No. 16, dated the 22d instant, with the proceeding of the International Boundary Commission which temporarily fixes the dividing line on the three bridges which cross the River Bravo del Norte, called international bridges of El Paso, pending the approval of the two Governments. In order to decide this matter, it has been considered—

First. That the treaty of March 1, 1889, does not confer upon the commission the power to make temporary regulations, as, in accordance with its articles 1, 4, and 5, it has only the power to adjust questions which arise respecting the dividing line on account of the change in the channel of the rivers Bravo and Colorado, when duly submitted to it.

Second. That although it was proposed on the part of the United States that the commission should be authorized to mark the line across the middle of the said bridges, the Government of Mexico did not accept the proposition, confining itself to authorizing its commissioner to mark the dividing line between Juarez City and El Paso, Tex., in strict accordance with the treaty of March 1, 1889, it having first to be decided

if the bridges are upon the dividing line recognized in the treaties; and thus it was made known to the Government of the United States, to avoid all future misunderstanding whatever in the matter.

Third. That article 4 of the first of the mentioned treaties on which it has been erroneously desired to base the tracing of said line is inapplicable to the case, through not authorizing a temporary but a definitive demarcation, in the opinion that the bridges are truly international, they having been constructed on the true boundaries determined by the rivers.

Fourth. That citizen Pedro Y. Garcia, having formally presented a claim, alleging that land called "El Chamisal," belonging to Juarez City, became joined to lands of the United States through a violent change in the course of the River Bravo, in order that it may be declared to belong still to Mexico, the commission must examine and decide that case, and, consequent upon the decision, not before, to settle the dividing line between Juarez City and El Paso, Tex.

For the reasons set forth, the President of the Republic has decreed that the temporary designation of the boundary line which has been made on the bridges referred to is not approved, and that this decision be notified to the International Boundary Commission by you and to the Government of the United States of America, through our legation at Washington, in order that it may consider null and void the demarcation referred to.

I renew to you, etc.,

MARISCAL.

FREE REENTRY OF CATTLE INTO THE UNITED STATES.

No. 169.]

Mr. Gresham to Mr. Gray.

DEPARTMENT OF STATE,

Washington, January 17, 1894. SIR: I inclose for your information a copy of a joint resolution of Congress, approved the 15th instant, authorizing the Secretary of the Treasury to permit the owners of cattle and horses which have been removed into Mexico to bring the same thereafter into the United States before January 15 next without charge for import duties. I inclose, also, a copy of my note to the minister of Mexico here, asking him to bring the matter to the attention of his Government, so that by concurrent action the full benefit of the law (which expires January 14, 1895) may be enjoyed by those interested.

I am, etc.,

W. Q. GRESHAM.

[Enclosure.]

Mr. Gresham to Mr. Romero.

DEPARTMENT OF STATE,
Washington, January 17, 1894.

SIR: Referring to our recent conversation, I now have the honor to inclose for your fuller information a duly authenticated copy of a joint resolution of the Congress of the United States, approved by the President on the 15th instant, authorizing the Secretary of the Treasury to

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