[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.
In testimony of which we have
interchangeably signed this memorandum this 29th day of July, 1882.
[
seal.]
FRED’K T.
FRELINGHUYSEN.
[
seal.]
M. ROMERO.