The boundary treaties of 1848 and 1853 make "the middle of" the
Rio Grande the boundary, while the treaty of 1884 provides that
the boundary shall "follow the center of the normal channel * * *
notwithstanding any alterations in the banks or in the course" of the
river "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." Article II of this same treaty provides that "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 * * * shall produce no change in the dividing line."
The treaty of 1889, which established the International Boundary
Commission, provides that "when owing to natural causes, any change
shall take place in the bed of the Rio Grande * * * which may affect
the boundary line, notice of that fact shall be given by the proper
local authorities * * * on receiving which notice it shall be the duty
of the said Commission to repair to the place where the change has
taken place or the question has arisen, to make a personal examination
of such change, to compare it with the bed of the river as it was
before the change took place, as shown by the surveys, and to decide
whether it has occurred through avulsion or erosion for the effects of
Articles I and II of the convention of November 12, 1884."
The Commission was organized January 8, 1894, in the office of the
Mexican Consul, in El Paso, as follows:
On the part of Mexico:
Jose M. Canalizo, Commissioner
Lieut. Col. E. Corella, Consulting Engineer
Salvador F. Maillefert, Secretary
On the part of the United States:
Col. Anson Mills, Commissioner
Frank B. Dabney, Consulting Engineer
John A. Happer, Secretary
The Commission recommended rules for its future government, which were
approved by the Secretaries of State of both governments. Before we
completed the first case referred to us, Commissioner Canalizo died,
and F. Javier Osorno was appointed as his successor.
September 28, 1894, the full Commission again met at El Paso and
proceeded to an examination upon the ground of the cases of Banco de
Camargo, Banco de Vela, Banco de Santa Margarita and Banco de Granjeno.