"* * * If the change at El Chamizal has not been 'slow and gradual' by
erosion and deposit within the meaning of Article I of the treaty of
1884, there will never be such a one found in all the 800 miles where
the Rio Grande, with alluvial banks, constitutes the boundary, and
the object of the treaty will be lost to both governments, as it will
be meaningless and useless, and the boundary will perforce be through
all these 800 miles continuously that laid down in 1852, having
literally no points in common with the present river save in its many
hundred intersections with the river, and to restore and establish
this boundary will be the incessant work of large parties for years,
entailing hundreds of thousands of dollars in expense to each
government and uniformly dividing the lands between the nations and
individual owners, that are now, under the suppositions that for the
past forty years the changes have been gradual, and the river accepted
generally as the boundary, under the same authority and ownership;
for it must be remembered that the river in the alluvial lands, which
constitutes 800 miles, has nowhere today the same location it had in
1853."
Commissioner Osorno and I disagreed on the proper construction
of the words "slow and gradual, erosion and deposit of alluvium"
rather than on matters of fact. No decision could be rendered and
the disagreement was reported to our governments, where the matter
remained in a diplomatic state until 1910, when it was again referred
to the Commission, enlarged for this case only by the appointment of a
(presiding) commissioner, a Canadian jurist, to be selected by the two
governments. The case was again brought to trial in El Paso in 1911,
with the Commission constituted as follows:
Hon. Eugene Lafleur, of Montreal, Canada, Presiding Commissioner.
On the part of Mexico--
F. Beltran y Puga, Commissioner.
E. Zayas, Consulting Engineer.
M. M. Velarde, Secretary.
On the part of the United States--
Anson Mills, Commissioner.
W. W. Follett, Consulting Engineer.
Wilbur Keblinger, Secretary.
The two governments were represented as follows:
On the part of Mexico--
Señor Joaquin de Casasus, Agent.
W. J. White. K. C., of Montreal, Canada, Counsel.
Seymour Thurmond, of El Paso, Associate Counsel.
On the part of the United States--
William C. Dennis, Agent.
Walter B. Grant, of Boston, Mass., Counsel.
Richard F. Burges, of El Paso, Associate Counsel.
[Illustration: WILLIAM C. DENNIS.
RICHARD F. BURGES.]
[Illustration: CHAMIZAL ARBITRATION COMMISSION.
BURGES, DENNIS, GRANT, MILLS, LA FLEUR, PUGA, WHITE, CASASUS,
THURMOND.]