The question at issue, under the provisions of the boundary treaties,
as formulated by the American Commissioner and accepted by the Mexican
Commissioner at the session of the Commission on November 6, 1895,
was "whether or not the river in its passage moved over the land by
gradual erosion from the Mexican bank and deposited on the United
States bank, as described in Article I of the treaty of 1884, or by
sudden avulsion, by cutting a new bed or deepening another channel
than that which marked the boundary."
The case was tried at El Paso by Commissioner Osorno and myself;
Messrs. Maillefert and Happer being the secretaries of the Commission,
and Messrs. Corella and Dabney consulting engineers. We limited the
witnesses to four of the most trustworthy of the older inhabitants on
each side. Their testimony showed there was no basis for any claim
that there had been any avulsion or cutting of a new bed. The change
in the channel was clearly erosive, although at certain or rather
"uncertain" times and places during floods the erosion had been much
more rapid than others, and had been visible to the naked eye, since
as the lower substratum of sand was washed out, the upper layer of
clay along the concave or Mexican bank would cave in, sometimes in
considerable chunks. The building up of the convex or American shore,
however, had always been imperceptibly gradual.
The Mexican Commissioner reduced his argument to the following
syllogism:
"Major proposition: Any change other than slow and gradual does not
alter the boundary line (Article I of the Convention of November 12,
1884).
"Minor proposition: Since the change of the river in the case
denominated 'El Chamizal' _was not slow and gradual_, but, on the
contrary, violent and at periods of time of unequal intermissions
(which has been fully demonstrated above).
"Conclusion: Thence, the change of the river at the lands of 'El
Chamizal' does not alter the boundary line marked in 1852 by the
International Boundary Commission (Article II of the Convention of
1884)."
I held that the treaty "clearly specifies but two classes of changes
in the river," namely, erosive and avulsive, and that "any other
unspecified change, as is implied in the major proposition of the
syllogism of the Mexican Commissioner, we have no authority to
consider, but that our respective conclusions must be in favor of one
or the other, as specifically stated in the treaty."
I furthermore held that:
"The syllogism of the Mexican Commissioner must be rejected, not
only because its minor proposition is not proven, but because it is
abundantly disproven by every witness who testified in the case save
Serna."
I further pointed out that in my opinion: