No. 216.
Mr. Davis to Mr. Morgan.

No. 309.]

Sir: I transmit herewith, for your information, six copies of an agreement between the United States and Mexico, signed and exchanged July 29 ultimo, providing for the reciprocal right to pursue savage Indians across their respective boundaries.

I am, &c.,

JOHN DAVIS,
Acting Secretary.
[Inclosure in No. 309.]

Mexico: Reciprocal Right to pursue Savage Indians across the Boundary Line.

[Agreement between the United States and Mexico. Signed and exchanged July 29, 1882.]

Memorandum of an agreement entered into, in behalf of their respective governments, by Frederick T. Frelinghuysen, Secretary of State of the United States of America, and Matias Romero, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Mexico, providing for the reciprocal crossing of the international boundary line by the troops of the respective governments in pursuit of savage Indians, under the conditions hereinafter stated.

Article I.

It is agreed that the regular federal troops of the two republics may reciprocally cross the boundary line of the two countries, when they are in close pursuit of a band of savage Indians, upon the conditions stated in the following articles:

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Article II.

The reciprocal crossing agreed upon in Article I shall only occur in the unpopulated or desert parts of said boundary line. For the purposes of this agreement the unpopulated or desert parts are defined to be all those points which are at least two leagues distant from any encampment or town of either country.

Article III.

No crossing of troops of either country shall take place from Capitan Leal, a town on the Mexican side of the Rio Bravo, twenty Mexican leagues (52 English miles) above Piedras Negras, to the mouth of the Rio Grande.

Article IV.

The commander of the troops which cross the frontier in pursuit of Indians shall, at the time of crossing or before if possible, give notice of his march to the nearest military commander or civil authority of the country whose territory he enters.

Article V.

The pursuing force shall retire to its own territory as soon as it shall have fought the band of which it is in pursuit or have lost its trail. In no case shall the forces of the two countries, respectively, establish themselves or remain in the foreign territory for any time longer than is necessary to make the pursuit of the band whose trail they follow.

Article VI.

The abuses which may be committed by the forces which cross into the territory of the other nation shall be punished by the government to which the forces belong, according to the gravity of the offense and in conformity to its laws, as if the abuses had been committed in its own territory, the said government being further under obligation to withdraw the guilty parties from the frontier.

Article VII.

In the case of offenses which may be committed by the inhabitants of the one country against the foreign forces which may be within its limits, the government of said country shall only be responsible to the government of the other for denial of justice in the punishment of the guilty.

Article VIII.

This agreement shall remain in force for two years, and may be terminated by either government upon four months’ notice to the other, to that effect.

Article IX.

As the Senate of the United States of Mexico has authorized the President of that republic, in accordance with paragraph III, letter B, section III, of article 72d of its constitution, as modified on the 6th of November, 1874, to allow the passing of Mexican troops into the United States and of United States troops into Mexico, and the Constitution, of the United States empowers the President of the United States to allow the passage without the consent of the Senate, this agreement does not require the sanction of the Senate of either country, and will begin to take effect twenty days after this date.


[seal.]
FRED’K T. FRELINGHUYSEN.

[seal.]
M. ROMERO.