PUBLICATION OP “EL MENSAJERO DE CENTRO-AMERICA.” The Questions Between Mexico and Guatemala. 1895. PUBLICATION OF “EL MENSAJEKO DE CENTRO-AMERICA.” The Questions Between Mexico and Guatemala. 1895 PREFACE. Several newsj)apers of Mexico have been treating the incidents relating to the question raised against Guatemala by that country, in terms that are far from harmonizing with the respect due a country with which friendly relations are cultivated, and, in so doing, they omit facts which throw a full light upon the subject, disfigure others, and fall almost always into inaccuracies which should be rectified in order that public opinion, with impartial judgment, may pronounce its final decision and accord justice where it belongs. The press of Guatemala, on the contrary, moderate in tone and courte¬ ous in its estimations, has always maintained itself at the height befitting enlightened journalism, believing that diatribes, insults, and gratuitous and unfounded assertions are means which may only be employed by those who defend a weak cause, and, respecting the natural reserve inher¬ ent in matters subject to diplomatic discussion, abstained at first from entering into consideration of details ; but, since in the neighboring Re¬ public, with the view of attacking Guatemala, it has been thought advis¬ able to swerve from this prudent rule of conduct, by publishing the doc¬ uments, majDS, etc., etc., which it was deemed would serve that end, El Mensajero de Centro-America, performing a patriotic duty and desiring to put in evidence the unquestionable rights of our country, publishes this conscientious study, the work of an enlightened collaborator of that daily. It is written in view of the latest publications and maps printed in the neighboring Republic, and of the information furnished by the plan of the frontier, already concluded by the engineer, Mr. Miles Rock, chief of the Scientific Commission of Guatemala. It is, therefore, a work worthy of full faith and attention, in which our rights in the disputed region are clearly proven, and we recommend it to our readers, trusting that its length may not be a hindrance to its favorable reception, since a subject of such magnitude can only be treated in this way, and since everything written at this time touching it must merit the applause of all who are interested in the triumph of reason and justice. Guatemala, January, 1895. Digitized by the Internet Archive in 2018 with funding from Columbia University Libraries https://archive.org/details/questionsbetweenOOunse QUESTIONS BETWEEN GUATEMALA AND MEXICO. Ill the examination of the pending difficulties between Mexico and Guatemala, we purpose only to demonstrate on which side are reason and justice; in nowise to inflame the mind, or to reply in a disputatious tone to the violent charges and untimely and little serious tirades of a part of the Mexican press, engaged, against every dictate of sound policj^ in disguising facts and occurrences, confusing the mind in order that im¬ pressibility and passion may take the place of reason and truth. Easy it is to sow impressibility by alleging outrages whose probability the masses do not even uivestigate, and easy it is to arouse anger by in¬ voking a jiatriotism which it is not timely for Mexico to exhibit. In the present dispute, it may be said, without any danger of falling into repentance, that the Mexican press has wished to supplant reason with ranting. Intemperance has not only turned truth from its course, but, simultaneously with inaccuracies, unmerited abuse has been levelled at a country which knew no haggling with justice, and which without jeal¬ ousies or envy, but with the earnest desii'e for progress, endeavors to elevate itself and find inspiration in everything M'orthy of being followed. This means of calumny and invective being all the stranger since in the distribution of affronts to all Latin America, made by old ideas and dis¬ ordered ambitions, Mexico did not escape with the smallest share. Strauge to the point that a justifiable suspicion might lead to the belief that the eagerness to traduce is not actuated by the conviction of an Athenian superiority, but rather by the less sensible motive of desiring to turn aside the public gaze from the outrageous course that has been followed. We shall not enter the field of recriminations, nor that of doubts as to an established legality which has passed beyond the stage of discussion. The treaty of September 27, 1882, determined a new situation and estab¬ lished a new legal status in the relations between Guatemala and Mexico. All subsequent acts have had reference to the execution of this treaty, subordinate incidents and motives not altering the essence thereof. If, then, we turn our gaze to the times and occurrences antedating the year 1882, it is not with the intention of arguing the treaty and presenting the objections thereto as proof; it is for the purpose of considering, that notwithstanding the sacrifices and the losses suffered, those who received the benefits are never satisfied, and never cease to claim regions and territory that decrease the patrimony of Guatemala and increase that of Mexico. The case under discussion is one around which the press of Mexico, aided by some foreign publications utterly ignorant of the subject, has formed an artificial atmosphere where nothing either truthful or nat¬ ural abides. And, however incomjjrehensible it may appear, it is beiug alleged that a country reputed less strong raises obstacles and seeks con¬ flicts and prefers obligations and uncertainties to security and peace. That is to say, that having paid, without owing it, an enormous debt, it refuses the proffered cancellation. To spread this is equivalent to ques¬ tioning the common sense of people. But it has been disseminated as a •cause for hostility and the basis of the attacks of the Mexican press. 6 Three points are embraced in the question raised by the agitators of the Mexican press, and which the Government of the neighboring Repub¬ lic distorts and twists. The first is the boundary, which is not sub¬ ject to modification or change, but which must be confined within the provisions and lawful limits of the treaty of September 27, 1882. The second refers to claims for violation of territorial property and embraces the subject of possession, according to the condition of things in 1882, while the boundaries are being determined. The third is made to con¬ sist of delays or deliberate postponements on the part of Guatemala-— retardations which, aside from not being chargeable to the Republic,, injure it, for it would never be advisable for a smaller state to keep alive litigation in which it is losing costs and charges. This statement or report has no official character, nor does it embrace any solidarity other than that of justice, wherein it seeks inspiration. We have collected information wherever procurable, without pretending that some expressions of opinion or some legitimate warmth, which it is not always possible to avoid when unjust affronts are felt, may not strike others, entities or persons, on whom no res]Donsibility rests, although surely all will agree that Guatemala is upheld by a right so plain and perfect that it may be classed in the category of self-evident rights. Perhaps on this very ground there is difficulty in advancing efficacious arguments on many points, for in reality the essential ones are of such a character that impartial judges would decide the problem as solved legally and morally, by merely seeing it stated in all its simplicity, shorn of disguises or amplifications. I. Antecedents. The boundary question between Central America—and afterwards Guatemala—and Mexico is as old as the independence. Chiapas, a prov¬ ince of the Captain-Generalcy of Guatemala, adhered to the plan of Iguala on the 12th of September, 1821. An empire was founded in Mexico, when these countries had emancipated themselves, and all ap¬ peared united, albeit by artificial bonds, in a nationality which was dis¬ membered at the fall of Iturbide. The union of Chiapas to the Republic of Mexico, successor to the Em¬ pire, even under the most exce^Dtional circumstances created by the American states, was of a legality more than problematic, even admitting as real the pretended free suffrage of the inhabitants, because neither municipal law nor the law of nations recognizes the right and freedom of one section to separate from the political organism to which it belongs. Mexico will not venture to recognize that right in the provinces consti¬ tuting the Republic; the United States preferred the cruelest and most costly war of the century to secession. Chiapas, however, entered the Mexican confederation without Central America admitting that act as legal. Soconusco remained for many years in a neutral condition ; it did not unite with Mexico, nor was it inclined to cede its autonomy save in the way of reincorporation with Guatemala. In 1842, under the specious pretext that emigrants had taken refuge in Soconusco, General Santa Anna occupied the territory, and it was made to share the same fate as Chiapas, it being attempted to justify and defend the occupation by an election under the rod of the conquerors. It was argued that Soconusco belonged to the fiscal intendancy of 7 Chiapas, not seeing nor wishing to see the slight significance of that fact in the confused colonial administrative system. Guatemala maintained a permanent protest, and, like the other Central American Republics, char¬ acterized that annexation as an abuse of force and an arbitrary outrage. Things were not then in a condition to demand reparation; but an appeal to justice was not thereby waived. Had Mexico been convinced of a perfect right, she would not have has¬ tened to urge the settlement of boundaries, the country being so little populated, and it not being at all urgent to determine the ownership of a few spans of land. But she needed to sanction the acts, and sent Diaz Bonilla in 1832 and Don Juan Pereda in 1853, without on either occasion succeeding in bringing the Government of Guatemala out of its reserve. The boundary question came up again in 1873 with greater pressure, and it was thought unadvisable to evade it. A little later La Hevista Universal of Mexico questioned the ownership of Peten, and from 1877 the dispute seemed on the way to adjustment, through mutual conces¬ sions and the appointment of engineer commissions, which, however, did not succeed in establishing the dividing line. The cause of the slowness of the operations is not be treated so lightly as it is by JSl Tiempo of Mexico, nor can the well-founded apprehension aroused in the Government of Guatemala by the ever-growing demands and the purposes of some politicians of the neighboring Republic be dis¬ regarded, nor is it timely now to elucidate and sift the reasons upon which Guatemala founded her desire for arbitration. The message addressed to the Houses of Congress by the President of Mexico, Gen. Porfirio Diaz, in 1881, put Guatemala in the situation of accepting a seriously strained situation or a compromise. And, con¬ fronted by the impossibility to obtain the damages already suffered, and to restore things to their original status, the latter was preferred, the result being the preliminary bases signed in New York on the 12th of August, 1882, and the treaty of the 27th of September of the same year. Guatemala began by waiving all questions touching the right to Chiapas and Soconusco, and also to all indemnity. It could not be understood that the Mexican diplomats accepted the express waiver of indemnity, unless it meant that they had doubts or they thought the doubts of others were legitimate, because where an invulnerable right exists, there is no occasion for reciprocal agreements to obtain it. The discussion, so far as Chiapas and Soconusco were concerned, was entirely at an end. Mexico should have been satisfied, and it was to be supposed that other difficulties would not arise, principally because an¬ other abuse similar to the occupation of Soconusco had just been experi¬ enced. A few months prior to the negotiation in New York of the preliminary bases of a boundary treaty, Mexico occupied the district of San Antonio, north of Peten, to an extent of four thousand nine hundred square miles, or nearly five hundred and fifty geographic leagues. Neither the peace nor diplomatic relations had been interrupted, nor did the Mexican Government wish to hear or admit any discussion regarding the posses¬ sion of said district, which by use and tradition belonged to Guatemala. The Government of Guatemala, resolved to put an end to the dispute, even at the expense of all concessions and sacrifices, did not insist upon reparation for the wrong, nor did it make it the specific cause of a rupture of negotiations. There is no knowing where such routes would lead, for almost at the same time the Minister of Foreign Rela¬ tions of Mexico was proposing to the Envoy of Guatemala a dividing line 8 which placed all the Department of Peten within the Mexican Republic, and if the proposition was not to be discussed, it proved what were the intentions and pretensions of the neighboring Republic. It proved that neither prescription nor fundamental rights were recognized. The invading current appeared to be stayed by the treaty of September 27, which closed the doors to all subsequent ambitious calculations. II. Peeliminaey Bases foe the Bohndaey Teeaty. There having met in the city of New York on the twelfth day of Au¬ gust, eighteen hundred and eighty-two, on the part of the Republic of Gua¬ temala, General Don J. Rufino Barrios, as Constitutional President of the Republic of Guatemala, fully authorized thereunto by the Guatemalan National Assembly, by act of the twenty-eighth of April, eighteen hun¬ dred and eighty-two, to settle the boundary dispute pending with Mexico; Senor Don Manuel Herrera, Jr., Envoy Extraordinary and Minister Plen¬ ipotentiary of Guatemala near the Mexican Government, and Senor Don Fernando Cruz, ex-Minister of Foreign Relations of the Republic of Gua¬ temala and the associate of General Don Justo Rufino Barrios, President of Guatemala, in the discharge.of this commission; and on the part of the United Mexican States, Senor Don Matias Romero, Envoy Extraordinary and Minister Plenipotentiary of the United Mexican States in Washing¬ ton, authorized by his Government to treat with the representatives of Guatemala, they declared that the Governments of Guatemala and Mexico, desiring to amicably terminate the difficulties that have existed between the two Republics, and with a view to establish a solid basis for the fra¬ ternal relations that should bind them together, have agreed upon the fol¬ lowing preliminary articles for a final boundary treaty on that part of their frontier which comprises the State of Chiapas. Article I. The RejDublic of Guatemala abandons the discussion it has maintained relative to its right to the territory of the State of Chiapas and its Department of Soconusco. Article II. The final boundary treaty between Guatemala and Mexico shall be concluded upon the basis that Chiapas and Soconusco are to be considered as integral parts of the United Mexican States. Article III. The Republic of Guatemala, being satisfied with the due appreciation that Mexico entertains of its course, and with the acknowl¬ edgment that the high aims -which inspired what was agreed upon in the foregoing articles are worthy and honorable, will not demand pecu¬ niary indemnity or other compensation on account of the preceding stip¬ ulations. Article IV. In the event of the two contracting parties not being able to agree with respect to the fixing of the boundary, either in whole or in part, between the State of Chiapas and its dejoartment of Soconusco, on the part of Mexico on the one hand, and on that of the Republic of Guate¬ mala on the other, or in case the commissioners each Government may name to draw, conjointly, the dividing line shall differ on any point or points relating to such drawing, and it shall be necessary for an umpire to settle the differences that may arise in this regard, both Governments agree to do so, and to invite the President of the United States of Amer¬ ica to act as such umpire or arbitrator. Article V. In the di’awing of the dividing line actual possession shall 9 serve as a basis, as a general rule. This, however, shall not prevent both parties from abandoning this basis by common consent for the purpose of following natural lines, or for any other reasons, and in such case the system of mutual compensations shall be adopted. Until the dividing line shall have been drawn each contracting party shall respect the actvial possession of the other. Article VI. The Governments of Guatemala and the United Mexican States bind themselves to sign the final boundary treaty in the City of Mexico, upon the bases contained in this convention, within six months, reckoned from this date, at the latest. In witness whereof we sign this convention in duplicate, no ratification thereof being necessary, inasmuch as it only establishes bases for the final boundary treaty, that treaty being the one to be submitted to the approval of the respective Governments, according to the constitutions of the two countries. (Signed) J. Rufino Barrios; (signed) Manuel Herrera, hijc; (signed) Fernando Cruz; (signed) Matias Romero. III. Boundaby Tkeaty with Mexico. The Governments of Guatemala and of Mexico, desiring to bring the dif¬ ficulties existing between the two Republics to an amicable conclusion, have agreed to conclude a treaty that shall accomplish so desirable an object; and to this end they have named their respective plenipotentiaries, that is to say: The President of the Republic of Guatemala, Don Manuel Herrera, Jr., Envoy Extraordinary and Minister Plenipotentiary near the Government of Mexico; and the President of the Mexican Republic, Don Ignacio Mariscal, Secretary of Foreign Relations; who. after having exhibited to each other their respective powers, and finding them in due form, and having before them the preliminaries signed by the respresentatives of both nations, in the city of New York, in the United States of America, on the twelfth day of August of the present year, have agreed upon the articles following : Article I. The Republic of Guatemala forever renounces the rights which she considers she has to the territory of the State of Chiapas and its district of Soconusco, and, in consequence, considers that territory as an integral part of the United Mexican States. Article II. The Mexican Republic projierly appreciates the conduct of Guatemala and acknowledges that the motives which have prompted the foregoing renunciation are as worthy as they are honorable, declaring that, in similar circumstances, Mexico would have pursued the same course. Guatemala, on her part, satisfied with this solemn acknowledgment and declaration, will not demand indemnity of any kind by reason of the foregoing stipulation. Article III. The boundary between the two nations shall forever be as follows: 1st. The middle line of the Suchiate river from a point in the sea dis¬ tant three leagues from its upper mouth, and thence following the deep¬ est channel thereof to the point at which it intersects the vertical plane which crosses at the highest point of the volcano of Tacana, and distant twenty-five metres from the southernmost pillar of the Talquian gate, so that this gate shall remain in territory of Guatemala. 10 2nd. The determinate line by the vertical plane above defined, after it touches the river Suchiate, until its intersection with the vertical plane which passes the summits of Buenavista and Ixbul. 3rd. The determinate line by the vertical plane which passes the sum¬ mit of Buenavista, already established astronomically by the Mexican sci¬ entific commission, and the summit of the Ixbul hill, from where it in¬ tersects the former to a point four kilometres beyond said hill. 4th. The parallel of latitude which crosses the last-named point, and thence eastward until it reaches the deepest channel of the Usumacinta or the Chixoy rivers, in case the said parallel does not cross the first- named river. 5th. The middle line of the deepest channel of the Usumacinta, in the one case, or of the Chixoy, and then of the Usumacinta, and following this, in the other, from where the said parallel touches one or the other of these rivers, until the deepest channel of the Usumacinta meets the parallel situated twenty-five kilometres to the south of Tenosique in Tabasco, measured from the centre of the plaza of said town. 6th. The parallel of latitude referred to above, from its intersection with the deepest channel of the Usumacinta, until it intersects the me¬ ridian which passes at one-third of the distance between the centres of the plazas of Tenosique and Sacluc, said distance being measured from Tenosique. 7th. This meridian from its intersection with the foregoing parallel to the latitude seventeen degrees and forty-nine minutes. 8th. The parallel of seventeen degrees and forty-nine minutes from its intersection with the foregoing meridian indefinitely toward the east. Article IV. In order to properly trace the boundary line on trustworthy maps, and to erect upon the territory monuments which will show the limits of both Republics, as they are described in the preceding article, each of the two Governments shall appoint a scientific commission. Both commissions shall meet in Unicin Jaurez, six months reckoned from the exchange of ratifications of this treaty at the latest, and proceed at once with the said operations. They shall keep daily notes and draw plans from the same, and the result of their labors, agreed to by them, shall be considered a part of this treaty, and shall have the same effect as though they had been inserted therein. Their work shall be completed within two years, reckoned from the date of the meeting of the commis¬ sions. If either of the two commissions shall not appear within the term of six months heretofore stipulated, the other shall nevertheless commence its work, and the work done by it shall have the same force and validity as though it had been done by both commissions. The two Governments shall conclude as soon as possible an agreement which shall determine the details of these commissions and their work. Article V. The citizens of either of the two contracting parties, who by virtue of the stipulations of this treaty shall in the future be in the ter¬ ritory of the other, may remain therein or depart therefrom at any time at their own convenience, preserving in said territory the property they may possess, or alienate the same and transfer the price thereof wherever they wish, without thereby incurring any kind of tax, charge, or impost. Those who elect to remain in the territory ceded may retain their con¬ dition and rights of citizenship of the country to which said territory formerly belonged, or acquire citizenship to which it is hereafter to be¬ long. But election of citizenship must be made within a year, reckoned from the exchange of ratifications of this treaty, and those who may re¬ main in said territory after the expiration of the year, without having de- 11 dared their intention to retain their old nationality, shall be considered to be citizens of the other contracting party. Property of ah kinds situate in the ceded territory shall be inviolably respected, and the present owners thereof, their heirs and those who may in the future legally acquire such property, shall enjoy, with respect to it, as ample guarantees as are enjoyed by citizens of the country wherein it is situated. Ai'ticle VI. It being the object of both Governments upon adjusting this treaty, not only to put an end to the difficulties existing between them, but also to terminate and avoid such as may originate between neighboring populations of both countries, arising out of the uncertainty respecting the present boundary lines, it is stipulated that within six months after the meeting of the scientific commissions referred to in Ar¬ ticle IV, they shall conjointly transmit to their Governments a notice of such towns, estates, and farms as will, without doubt, be located on a certain side of the dividing line agreed upon in Ai'ticle III. Upon the re¬ ceipt of such notice each of the two Governments is empowered to immedi¬ ately issue the proper orders to the end that its authority may be estab¬ lished at such points as are to remain within the territory of its respective nation. Article VII. This treaty shall be ratified in conformity with the politi¬ cal constitution of each of the two Republics, and the exchange of ratifi¬ cations shall be made in this capital at the earliest possible date. In testimony whereof the Plenqiotentiaries signed and sealed this treaty. Made in duplicate in the city of Mexico, the twenty-seventh of Sep¬ tember of eighteen hundred and eighty-two. (Signed) Manuel Herrera, hi jo; (signed) Ignacio Mariscal. IV. The Bases and the Tkeaty. Although the preliminary bases might signify in their form the mere promise and the obligation to contract, and the treaty when once made alone constituted the law, the former nevertheless furnished the material and the substance which were to be embodied in the final convention. Matters of no small moment were not set forth in the express manner they should have been, although from the spirit of the negotiations and the nature of things it was understood that they were held in abeyance. In the fifth article of the bases it was provided that in the event of not following the line of actual possession in the drawing of the boundary in order to follow natural lines, or for other reasons, the system of mu¬ tual compensation would be adopted, and that until the boundary line was defined each contracting party would respect the possession of the other. In the fourth article it was provided that in case of disagreement the President of the United States of America should be invited to act as umpire or arbitrator. It is known that Senor Mariscal categorically refused to agree to the arbitration of the President of the United States when the articles of the treaty of the 27th of Sej^tember, 1882, were under discussion. But it was to be presumed that so far as the other conditions were concerned they were still existent: the duty to compensate, by logic and justice ; that to respect the possession until the boundary question was settled, by a common principle of law followed everywhere and in all times, since it V2 would be absurd for satisfaction to immediately follow a demand prior to the completion of the status created by a new order of relations. Neither were the compensations verified ; on the contrary, Guatemala suffered another large loss in the establishment of the boundaries pre¬ scribed in the third article of the treaty of September 27, 1882. It left in the possession of Mexico four thousand nine hundred miles area of the district of San Antonio north of Peten, three thousand miles to the west of the Chixoy or Salinas river, together with all the basin of the Lacantum to the old frontier, and tour thousand and fifty miles to the west of the Department of Huehuetenango; a total of eight thousand three hundred and fifty square miles—more than nine hundred geographic leagues. So that, although the signing of the bases of the 12th of August, 1882, meant a loss to Guatemala of the district of San Antonio, the new dis¬ memberment implied one of no less than three thousand four hundred and fifty miles, equal to three hundred and eighty-three and one-third square leagues. lu exchange, as a small and insignificant compensation, Guate¬ mala received an area of one hundred square miles at the mouth of the Suchiate and another of eight hundred to the south and east of Teno- sique. Total gain, one hundred square leagues ; total loss, five hundred and fifty leagues, approximately, north of Peten, and three hundred and eighty-three to the west of the Chixoy or Salinas river. Then, too, the necessity to conclude at once would cause the accept¬ ance of what was covenanted in Mexico. There was no compensations, but there were other sacrifices, other dismemberments in the interests of peace and of retaining in security what remained of the Republic and the fatherland. We are convinced that a geographical error of noticeable magnitude was committed respecting the jjosition of Ixbul hill; otherwise it is diffi¬ cult to explain how so southern a parallel was determined on when Gua¬ temala was holding without question all the space between the longitude of ninety and ninety-one degrees and twenty minutes, and from the six¬ teenth to seventeenth degrees of north latitude, which is the quadrant within which lies the ceded territory west of the Chixoy or Salinas river. More yet was compromised, and an objectionable point has been admitted as good. Mexico could not be more exacting even in imagination, She had the renunciation of the rights to Chiapas and Soconusco and eight thousand three hundred and fifty miles of other territory. Guatemala lost all this, and moreover, against every good system of demarcation of national limits, straight lines always being sought, the property acquired by Mexico south of the Usumacinta river and west of the Chixoy en¬ tered the Department of Peten like a wedge, to the middle of the paral¬ lel between Santiago and the Belize frontier. Now let it be said whether Guatemala has sought war, whether she has put obstacles in the way of the survey of the boundary, whether she has not done everything to prevent clashings and establish order, and live at l^eace with Mexico ! In determining the time for the completion of the survey, and the as¬ sumption of jurisdiction by the country to enter into possession, in the treaty of September, 1882, many circumstances were not taken into ac¬ count. Article IV prescribes the period of two years, reckoned from the date of their meeting, within which the engineers must conclude their work. This condition could not be fulfilled. The line determined on by the third article of the treaty begins at the mouth of the Suchiate river, runs to Ixbul hill, thence, easterly, to the Chixoy river, follows this river and the Usumacinta to the town of Tenosique, runs eastwardly to the 13 Ceibo, thence north to latitude seventeen degrees forty-nine minutes, and finally extends eastwardly for a long distance, making no less than one hundred and twenty or thirty geographic leagues, which really amounts to much more, considering the twistings and obstacles presented by those regions. The commissions could not accomplish their work in so short a time. Nor was it easy to comply with the stipulations of Article VI where it provides that within six months from the meeting of the scientific com¬ missions, they shall, conjointly, transmit to their Governments a report of such towns, estates, and farms as will undoubtedly remain on a certain side of the dividing line established by Article III; that on receipt of such notice each of the two Governments would be empowered to immediately issue the orders necessary to establish its authority over the places to come within the territory of its respective nation. The unsettled condi¬ tion of those i-egions, and the fact that they were little known, rendered that clause inoperative, and the safer course was pursued of completing the organization and making the exchange so soon as the survey in each section was finished. As to the time for completing the work, continuous extensions would be necessary b}^ agreement of the contracting parties. V. The Boundary Commissions. On the 14th of September, 1883, the treaty of the previous year having been ratified and approved, there was signed in Mexico by Don Jose Fer¬ nandez, Under Secretary, in charge pro tmi. of the Ministry of Foreign Relations of that Republic, and by Don Manuel Herrera, Jr., Minister Plenipotentiary of Guatemala, the protocol determining the details rela¬ tive to the organization and work of the commissions which were to locate the dividing line. These commissions were to meet at Union Juarez on the first of November following, and begin work at the south¬ ern end, or the Suchiate river section, and continue the same in the order prescribed by the third article of the treaty of 1882. Guatemala appointed her commissioners, who entered upon their duties from the time the commissions were organized at Union Juarez. But the Government of Guatemala did not stop here, but furnished the Mex¬ ican commission with all it might need, in the way of men and official as¬ sistance to carry out its work. The first part of the work was performed punctually, the survey of the sections as far as Santiago being concluded in the order prescribed by the treaty of 1882, and the protocol of the 14th of September, 1883. In 1884 the conventions legalizing that part of the boundary line were made. Work was prosecuted eastwardly, towards the Chixoy river, at first by the chiefs of the two commissions, and later by Mr. Miles Rock, chief of the Gua¬ temalan commission alone, Senor Pastrana, chief of the Mexican commis¬ sion, doing nothing from the middle of 1885 to 1887. As Senor Pastrana did not put in an appearance, or make any reply to Mr. Rock’s repeated communications, the latter, in the interest of time, proceeded with the erection of the monuments or landmarks on the western part of the Santiago-Chixoy parallel, notifying Senor Pastrana, the Mexican chief, thereof, and proposing to him the adoption of an average parallel to split the slight difference of one hundred and eighty metres which they had 14 found in their joint work. Senor Pastrana protested and declared the monuments erected to be void and of no elfect, as there had been no pre¬ vious agreement between the two. Mr. Rock, in view of the protest, or¬ dered a susjjension of the construction of the monuments, so as to avoid uncertainties. Two years were lost through the fault of Senor Pastrana. In the year 1885 the Governments of Mexico and Guatemala extended for one year the period established for the tracing of the boundary. In 1886 it was extended for two years more, and subsequently, in eighteen hundred and eighty-eight, a further extension of two years was agreed upon, as was a like one in eighteen hundred and ninety. In the meantime difficulties of moment had arisen. The work of the Mexican commission extended as far as the Ixcan river, on the parallel which runs from Santiago in the direction of the Chixoy; it went no further, and the Guatemalan commission had to continue alone. An in¬ significant difterence, consisting of a few metres, could not serve as a jDretext for Senor Pastrana to suspend his work. It was soon seen that in creating obstructions other ends were had in view. “ The second astronomer of the Mexican commission, Don Jose Tam- borrel, in March, 1887, went to the Pasidn river to investigate whether the parallel to which clause 4 of Article III of the treaty of September 27, 1882, if carried beyond the Chixoy river, would intersect the Pasifin river, supposing this latter to be identical with the TJsumacinta.” He had, to all appearances, orders from the Mexican Government to make that investigation. The engineer, Mr. Rock, informed the Government of Guatemala in May of the same year regarding the purposes of the Gov¬ ernment of Mexico and its commissioners. In March, 1888, Mr. Rock sent Senor Pastrana a protest against the pmqDOse to prolong the Santiago- Chixoy parallel; but this did not deter him, in June, from beginning his operations to the east of the said river, although he also established two sections between the Ixcan and the Chixoy. The Government of Guatemala framed an emphatic protest, and the in¬ cident further furnished an opportunity for the then Minister of Foreign Relations, Don Enrique Martinez Sobral, to write a pamphlet in which the rights of Guatemala are demonstrated with exactness and clearness, and the false interpretation and scope which the Mexican Government and Commission wished to give the treaty of 1882 are refuted with an abundance of reasons. That incident appeared to have been dissipated by a note from the For¬ eign Minister of Mexico, transmitted on August 30th, 1888, by the Charge d’Aftaires ad interim^ Don PlatOn Roa. In that note we read: “ I beg you to be pleased to communicate to the Hon. Minister of Foreign Rela¬ tions of Guatemala the procedure expressed in said note, adding that the Government may' rest assured that the matter will be settled with entire impartiality, in accordance with the stipulations of the boundary treaty between the two countries.” The new danger was believed, perchance prematurely, to be stayed, since at the bottom Senor Mariscal does not declare that it is an injustice to attempt to prolong the Santiago-Chixoy parallel beyond the latter river; he said that the matter would be settled with entire impartiality, in accordance with the stipulations of the treaty of 1882; but if, in treating, the names of rivers and districts are confounded and transposed, and the interest of one party which, believing itself strong, sets itself up as a judge, is pronounced an impartial method, we shall be going back to the status of July, 1888. Senor Martinez Sobral, in his strong pamphlet, which he published in 15 1889, asserts that he knows from official documents that the question re¬ lating to the region lying between the Chixoy and Pasibn rivers termi¬ nated in a manner favorable to Guatemala, and he adds these words: “We are told, however, that if Mexico expressed her assent to the right by us alleged to said region, it is in the understanding that the treaty amend¬ atory of the convention relating to claims should be approved by the As¬ sembly.” If this is true, we note another irregularity; for, aside from the two questions being entirely foreign to each other, the recognition of a right is never made to depend upon the solution of another distinct de¬ tail, even in matters of a similar order and kind; but admitting it to be so, however unreasonable, still no excuse would hold, as the dispute concern¬ ing claims had terminated. The commissions continued the work through all these vicissitudes. The last extension expired by limitation in 1892, and the Assembly in its sessions of 1893, j^ressed with business, did not grant a new one, but the Government of the Republic, under date of Jvily 10th, 1894, agreed to a a new extension, and it is certain that the next legislature will ratify it. The Guatemalan commission has not ceased its labors, either by reason of the suspension of work on the part of the Mexican commissioners, or the disagreeable incidents which have delayed the joint action of the com¬ missions. This fact alone showing how arbitrary are the accusations against Guatemala, supposing her to be the cause of deliberate and in¬ tentional postponements. The survey would now be concluded had not questions been raised against the literal and express text of the boundary treaty. VI. The Santiago-Chixoy Parallel. The contention advanced in 1887 for the purpose of extending, in the interests of Mexico, the parallel beginning at Santiago, is nothing more than a manoeuvre in the tactics which have been pursued since 1823, at the expense of Guatemala. We have before us the report sent to the Senate of Mexico in 1893 by the Foreign Minister, Don Ignacio Mariscal, relating to the boundary dis¬ pute between that Republic and Belize. Having to refer incidentally to Guatemala, since it borders on Mexico and Belize on the north, Senor Mariscal says : “ Suffice it for us to know that, according to the best in¬ formation we possess up to date, the boundary between the two Cap- tain-Generalcies (Yucatan and Campeche and Guatemala) to which I refer, was (theoretically, from latest reports) the already cited parallel (17° 49'), or the 18th. This is why the former was selected in our treaty of 1882 with Guatemala, although parties are not wanting who believe it should have been the 18th, somewhat more favorable to the Gua¬ temalans, and which is designated as the southern boundary of Yucatan in a map published in Merida in the year 1845. The same boundary is to be found in a large number of the maj)s published at the beginning of the present century, to be found in the collection of the Department of Public Works, although in others of the same period parallel 17° 49 or 50 minutes is given.” It may be seen that although, in all probability, the northern boundai'y of the Republic should be the eighteenth parallel, Mexico chose the more favorable one, 17® and 49 minutes. 16 Further on in the same report he cites a historical monograph on Belize, by Senor Orozco y Berra, and attaches this exhibit: “ Exhibit No. 6.—As regards the extension to the west, already noted, and that claimed by Mr. Stevenson to the south as far as the Sarstoon river (which extensions it is evident greatly exceed the treaties by taking in all the territory be¬ tween the Sibun or Gabdn and the Sarstoon, which is greater than all that included in the concession of 1786), it should be said that it is doubtful whether that usurpation is chargeable to Mexico or Guatemala. The so¬ lution of this doubt depends upon the boundary that may be established between Guatemala and Mexico. In the several plans I have before me, among them that furnished me by the Ministry of Foreign Relations, the dividing line between Mexico and Guatemala is fixed by a straight line at 17° 50' north latitude. If this is so, all the territory between the Sibun or Gabdn and the Sarstoon is very far outside of our territory, as are also Peten and the territory of the Lacandones, which leaves us no right to claim in this particular.” The Minister adds a note referring to the treaty of 1882 with Guatemala. In times past (and this does not mean that there are not still some newspapers urging the annnexation of Peten) claims were advanced and intrigues concocted with a view to turning the mind of the Mexican peo¬ ple against Guatemala, and impress it with the advisability of wresting from this Republic its most extensive department, and the one with, per¬ haps, the greatest future. The reasons advanced were so frivolous and absurd that they have not succeeded in securing proselytes. But another path to the same goal is open. Peten being inaccessible, and penned up by Mexico and England, the jurisdiction of Guatemala, and political and economic unity, become extremely difficult. The proceeding consists in cutting the territory of Peten with the arm of another nationality, a strange appropriation which reduces Guatemala’s patrimony, besides dividing what is left. For such a scheme there is no reason that will stand, no possible justification in laws, treaties, or con¬ ventions. Much it was, too much, to have secured all the district west of the Chixoy, by which means Mexico has made a mighty advance into the very heart of the country. Yet the subject of extending the Santi¬ ago parallel is again mooted, and the strange part is that a right is as¬ serted based upon an agreement which expressly and categorically con¬ tradicts it. The fourth clause of Article III of the boundary treaty is couched thus: “ The parallel of latitude which crosses the last-named point (four kilo¬ metres beyond Ixbul hill), and thence eastward until it reaches the deep¬ est channel of the Usumacinta or the Chixoy rivers, in case said parallel does not cross the first-named river.” But clause five makes it clearer still: “5th. The middle line of the deepest channel of the Usumacinta, in the one case, or of the Chixoy, and then of the Usumacinta, and follow¬ ing this in the other, from where the said parallel touches one or the other of these rivers, until the deepest channel of the Usumacinta meets the parallel situated twenty-five kilometres to the south of Tenosique, in Ta¬ basco, measured from the centre of the plaza of said town.” One day it occurred to the Government of Mexico to send the engi¬ neer, Bon Jose Tamborrel, to investigate whether the Santiago-Chixoy parallel extended would strike the Pasidn river, as this was identical with the Usumacinta". Senor Tamborrel asserted that the treaty confounds the two, although the treaty does not even incidentally mention the Pa- sidn river ; and thus the long dispute assumed a new phase. Senor Martinez Sobral, in the pamphlet several times alluded to, proves 17 that the Pasihn river never was named Usumacinta, and he proves it by the testimony of numerous native and foreign writers. It is above all a matter which is obvious. It is the Usumacinta from the confluence of the Chixoy or Salinas river and the Pasion. The Pasion river above this is called the Cankuen or Santa Isabel, and neither of these substantives, so far as we know, is synonymous with Usumacinta. Moreover, the Pasihn river lying to the east of the Chixoy, or Salinas, could not be the one designated in the contract and limits, even should its named be changed, such a supposition being incompatible with clauses four and flve. According to clause four, the deepest channel of the Chixoy must be sought in case of failure to fall in with the deejoest chan¬ nel of the Usumacinta, and starting from Santiago the Chixoy would never be encountered beyond the Pasihn river; on the contrary, the San¬ tiago parallel crosses it before. We should find ourselves, then, in the case of attempting to find a second line through the one urged in substitution thereof, in the event of the river not being met with. The fourth clause of AiTicle III was framed with absolute accuracy, to such a de¬ gree, indeed, that should the Usumacinta river lose its name in the course of time, whoever reads the treaty with common sense and some idea of geography-will know that it refers to a river in front of which the Chixoy cannot be. The Usumacinta, to carry out the demarcation agreed on, must be in front or higher up. The Santiago parallel cannot strike the Usumacinta river, for the reason that the former is near the seventeenth degree of latitude, whereas the river begins at sixteen degrees and thirty-eight or forty minutes, and flows north. The bad faith exhibited in this matter compels recourse to the puerile claim that the Chixoy and Pasibn rivers are channels of the Usumacinta. Ml Tiempo, of Mexico, which has dwelt more largely on the subject, al¬ though with the same violence and injustice of other publications, not finding in the word “ channel ” a proper term to bear out its purpose, substitutes for it the word ‘"branch,” which was not employed in the treaty. But if the Pasibn river is not a channel, neither is it a branch of the Usu¬ macinta. A branch of a river is that part thereof which, separating itself, flows through a different channel to its mouth or a reunion. In such case we say “ mouth ” or “ branch,” but affluents are never so named, nor are rivers which on joining form one with a different name. On speaking of the deepest channel of the Usumacinta or the Chixoy river, and not simply of the river, there could have been no reference save to the deepest part of the stream, should it run in one bed or body, or to the one with the greatest volume, should it flow, as is frequent, through several streams. Had the contracting parties desired to designate rivers other than the Usumacinta and the Chixoy they would have so done. Not conceding any real weight to so many sophisms, it is easy to dissi¬ pate this last trifle to which recourse has been had. The Pasion river is not the deeper, but the shallower of the two which form the Usumacinta, and shallower than the Lacantum which adds to the volume of the latter. The data which the chief of the Guatemala boundary commission has kindly furnished us here follows : Deepest channel of the Pasibn river, eleven-and-a-half feet. Deepest channel of the Chixoy river, twenty- five feet. Deepest channel of the Usumacinta, a little below the confluence of the two rivers forming it, twenty two and three tenths feet. Deepest channel of the Usumacinta above where the Lacantum joins it, sixteen and seven-tenths feet. Deepest channel of the Lacantum, eighteen and a half feet. Deepest channel of the Usumacinta, after the Lacantum joins it, something over thii’ty-two feet. 18 That is to say, the Pasi(3n river is the shallowest, and consequently the reasons for supposing it to be preferred could not avail as proof, even though the slightest doubt should exist as to the injustice with which the question to extend the parallel, in opposition to the clear and conclusive text of the treaty of 1882, was provoked. Senor Martinez Sobral adduced in support of the rights of Guatemala testimony which has been impeached neither in 1889 nor now. The grav¬ ity with which he treated the question precludes the idea that he would fling gratuitous and personal chai’ges at the engineer of the Mexican com¬ mission, Senor Tamborrel, of whom he says that he (Tamborrel) asserted that the Mexican Government made the claim not so much for the pur¬ pose of acquiring the territory between the Chixoy and Pasi6n rivers, but chiefly with the idea of opening new negotiations respecting the di¬ viding line. Those words would not have been attributed to Senor Tamborrel were this merely a rumor, or the attempt to interpret an intention, since it is always vexatious and disagreeable to provoke personal questions, espe¬ cially when there is sufficient foundation for the belief, although it may not be said, that the object of the Mexican commission, whoever may have suggested or directed it, is not to conclude the dispute, in which there daily spring up pretensions and more territory is demanded or taken. For if it is intended to give to the treaty an interpretation as forced as it is incomprehensible by the extension of the Santiago parallel, there is no right to suspect that the outrages against laws and conventions will end there. That parallel would reach the Pasi6n river seventeen or eigh¬ teen minutes to the east of the ninetieth degree of longitude. But a little farther on it would again strike the same river where it is called the Santa Isabel, which makes an almost semi-circular bend, and may have a channel or course which might be exploited for another demand, until from one point to another, and from one exaction to another the exten¬ sion of the parallel through the whole of the Department of Peten may be claimed. The property line of Guatemala, from the Ixbul hill to the Belize fron¬ tier west of Punta Gorda, was from forty-six to forty-seven geographic leagues in length. Under Article III of the treaty of 1882, there were lost thirty leagues of line and three thousand miles of area to the east, west, and south of the Lacantum river. The Department of Peten, already dwindled, was interrupted in its communications and natural boundaries with Huehuetenango. The most exacting would have been satisfled with acquisitions so easy and so gratuitous. But instead of carrying out the conditions of the bases, which in political good faith are non-evadable, especially in that which relates to compensating the losses either party may sustain through the adojotion of a certain boimdary line, what is done is to ask other bene¬ fits for Mexico, and another curtailment of the Rejiublic of Guatemala. The Chixoy river flows something more than ten leagues from south to north from the plane of the Santiago parallel to where it unites with the Pasi(5n, forming the Usumacinta. The Pasi(3n river, about eight leagues east of the Chixoy, flows some ten leagues from south to north, and an equal dis¬ tance to the west to its confluence with the Chixoy. The extended plane of the Santiago-Chixoy parallel, and the two rivers, form an area of nine hun¬ dred and eighty square miles, which are coveted by the Government of Mexico and by the boundary commission it apjiointed. One step farther and Peten, now united by a small strip of land, would be wrested from Guatemala. 19 From the intersection of the extended parallel with the Pasi6n river to the Belize frontier there is a distance of from eleven to twelve leagues, and still it would not be strange that in those frontier localities some streamlet, affluent of the Santa Isabel, might appear where a channel or a well is to be sought and baptized with the name of Usumacinta. A single glance at the map will suffice to show that it was impossible for the contracting parties to entertain the idea of settling on boundaries so singular as to constitute the most absurd exception possible. Mexico did not possess one inch to the east of the line at ninety-two degrees forty minutes longitude; she enters, through the treaty, to the heart of the Kepublic nearly a degree and a half, thinks it is little, and appropri¬ ates eight or ten leagues more, until she almost reaches Belize. We do not know whether those of the Mexicans who take part in the discussion act through error, surprise or malice; in some, in those who ■can have knowledge of the boundary dispute, the method they employ is inexcusable. We do know that when these things are analyzed by right¬ eous Governments and by men who love justice, this question must ex¬ cite a greater scandal and greater censures than those produced in the reasonable political world by the French intervention in the life and the business of the Mexican people. The pretensions of Mexico to that new district between the Chixoy and Pasi(3n rivers would lead to a closing of the roads and the direct relations of Peten with the rest of the Republic. A territory uninhabited and un- ■cultivated is that which spreads over the paltry strip, the remains of an avenue of forty-seven leagues in width, and it would only admit of long, grievous, and roundabout communications, without counting that to a series of dismemberments there would be added the dismemberment of a hundred and nine square geographic leagues. The demand is unjust, ab¬ surd, and stupid; it has but one motive, which aspires to supersede jus¬ tice, reason, and ujDi’ightness,—the force of which boast is made; force in¬ stead of treaties, of the written text and the form and sj)irit of the conven¬ tions. We prefer to believe that impressionability, the chief defect of our race, will open the way to better reflections and more skilful calculations. Above all, when people inscribe in then’ laws principles of right and ask a place in civilization, they are not authorized to indulge in intemperate proceedings and capricious abuses, relying on that logic which calls all outcomes right and all profits and gains, however illegal and censurable, just. It would be well to ask the writers and scribblers who endeavor to move the Government of Mexico through vanity or passion, whether we live in a continent where right and reason mean something, and which emancipated itself in the name of the laws of progress, or whether we are preparing ourselves to reproduce the middle ages with all their disturb¬ ances and turmoils. VII. The Status Quo on the Frontier. Article V of the preliminary bases signed on the 12th of August, 1882, in New York, says: “ In the drawing of the dividing line actual posses¬ sion shall serve as a basis, as a general rule. This, however, shall not jirevent both parties from abandoning this basis, by common consent, for the purpose of following natural lines, or for any other reasons, and in such case the system of mutual compensations shall be adopted. Until 20 the dividing line shall have been drawn each contracting party shall re¬ spect the actual possession of the other^ There is no obscurity in that article, inspired, primarily, in the idea that the discussion over Chiaj)as and Soconusco being at an end, there would be no other reductions and the line of possession would be respected by the two Republics of Mexico and Guatemala; and afterwards in the log¬ ical and equitable principle of mutual comjDensations, if for causes deemed to be reasonable, other boundaries were determined on. Were a method adojDted, according to the latter idea, there can be no doubt that it would be incumbent to make compensation, which means to give like or similar equivalents, each party, however, retaining its former jurisdiction until the boundary line should be located. The treaty of the 27th of September, 1882, established a plan and rule according to general determinations, and prescribed the method and time for locating the boundary. This treaty, in its sixth article, provides: “ That within six months after the meeting of the scientific commissions referred to in Article IV, they shall conjointly transmit to their Governments a notice of such towns, estates, and farms as will, without doubt, be located on a certain side of the dividing line agreed on in Article III. Upon the receipt of such no¬ tice each of the two Governments is empowered to immediately issue the proper orders to the end that its authority may be established at such points as are to remain within the territory of its respective nation.” Article VI of the treaty just cited, modified in some degree the cove¬ nants of the fifth basis; but this only affected the execution and not the spirit, as when it treats of the time within which the commissions should finish the work of surveying the boundary. And just as there were re¬ peated and necessary extensions respecting this latter point, so was there a change of procedure regarding the former point, the jurisdiction being assumed in the order in which the engineers finished the sectional sur¬ veys, as was done without any difficulty by the conventions of 1884: as regards the first sections—from the starting point on the Suchiate river to the vertex of Santiago—the Government of Guatemala receiving the places and things in the one hundred miles added to it, and that of Mex¬ ico, the places and things in the four hundred and fifty square miles it gained to the north and west of the Talquian gate. Through the fault of the Mexican commission the work was prolonged, without it being possible to pursue the above course, each party continu¬ ing to hold its acknowledged possessions, and no doubts arising as to the status quo. On the contrary, the Mexican Government itself, directly or indirectly, as the case may be, has considered the fifth base, the spirit of which it is now attempted to contradict, as still in force. The territory west of the Chixoy or Salinas river and of the Usumacinta is the principal centre of the lumber camps which, according to the treaty of 1882, are to belong to Mexico, but which have been Guatemala’s, in whom the jurisdiction resides until the boundary line is located. The Government of Guatemala, having legal possession, had the right to farm out and lease its territory before 1882, and subsequent to the treaty; in the latter case under civil liabilities as regards contractors, should the district, through the formal boundary, pass to the jurisdiction of Mexico. What Guatemala could not have done was to grant or transfer territorial property to a third party, she being convinced that the district by the treaties would be transferred to the jurisdiction of the Mexican Republic, she only enjoying the right of temporary possession. In 1884 it was thought that the Mexican surveyor, Don Manuel Castel- 21 lanos Ruiz, had gone beyond the Yaxchih- n line, and as the Government of Guatemala protested, the Department of Foreign Relations of Mexico replied in satisfactory terms. And on this, as on the other occasions, save recently, no objection was made to the use and possession of lands which have belonged to Guatemala traditionally, even though they must be later on annexed to Mexico pursuant to the treaties. Guatemala has not withdrawn from her obligations nor does she j)ur- pose going behind the conventions of 1882; what she desires is that they be carried out faithfully by the two j^ai’ties, and that the eagerness to in¬ terpret may not result in a series of falsified contracts and leonine pro- •ceedings, always to her detriment. The second question is as clear to us as the first. According to the treaty, the boundary commission is to seek the Usumacinta on the Santi¬ ago parallel, and this being impossible, the Chixoy, for so says the treaty, and one of the parties cannot amend it, neither could the two divest it of force without making another. Equally manifest is the second point, as to respecting the right of pos¬ session until the boundary line is drawn. Where the line was agreed upon, from the Suchiate to Santiago, difficulties have ceased. Further on they arose through the Mexican commission, which caused the loss of some years, either by withdrawing without any reason, or endeavoring to find channels in rivers not designated by the treaty and which are not the subject of debate any more than would be another river or another region of America. The dispute is not as to rights created in principle, and which will be determined and recognized when the boundaries are located, but as to the possessory right as it was in the year 1882, and which each contract¬ ing party retains, while the boundary line is being established. Mexico never showed any urgency, as is proven by the conduct of her engineers, until, pressed by some speculators in lumber who wish to turn the legitimate possession of Guatemala to their own benefit, she at¬ tempts to evade responsibilities and faults, charging the same against those who have resigned themselves to such great losses through their earnest desire for peace and respect for what was covenanted. But, though illy advised virulence may crop out suddenly, were she well dis¬ posed, even with irregular methods, it might be considered that Mexico does not concede much by delaying the time necessary to conclude the sur¬ vey, when, without what she is to have and acquire, she already has ac¬ quired and possesses more than in reason and justice would have belonged to her, and more than she suspected on subscribing the bases of the 12th of August. VIII. Of the Old Boundaries. The principal comifiaint of Mexico is based on the presumption that Guatemala has invaded Mexican territory by destroying some lumber camps, and endeavoring to prevent tree felling in violation of the provis¬ ions of the regulations, and without the proper licenses. Here there are several points to take into account. The territory where the greatest number of camps is situated, east and west of the Lacan turn river, will be Mexico’s, it being so provided by the treaty of 1882, whenever the boun¬ dary line is located and the consequent formalities demanded by annexa¬ tion to one country and separation from the other are complied with. Guatemala has not raised any question in this regard. 22 But until this condition is complied with in accordance with the bases of the 12th of August, 1882, and the universally recognized law in similar cases, this Republic should retain possession of those regions, whatever may iDe their ultimate disposition. The abuse committed by some tim¬ ber cutters, their carelessness in using without due permission and with¬ out any tribute whatever what is not theirs, means not only an injury to the usufructuaries, present possessors, and the future owners, but it indi¬ cates a contempt for the principle of authority which every power that in the least values its dignity and prestige should prevent or rejDress. The use of another’s property at one’s own will is everywhere an offence or a transgression. Rather than acquiesce in this it were preferable that Gua¬ temala, without act or formality, and without awaiting the completion of the work of the boundary commissions, had renounced the right of posses¬ sion, abandoning interests which she still has to guard, and hiding herself from the audacity and unreasonableness of adventurers and trespassers. The obligation is to transfer the property ; the present law is the right of possession, and the duty of the Government is to cause it to be re¬ spected. In this understanding the formal rights of Guatemala do not differ from those she had prior to binding herself to run her boundary line tO' the east of the Lacantum basin. The districts extending to the west and south of the Usumacinta and Chixoy were not known to many when, fifteen years since, Messrs. Jamet and Sastre contracted with the Government of Guatemala and obtained permission to exploit forests. Here and there some private parties felled timber on a small scale by permission of the Governor of Peten, without its- ever occurring to any one to ask the consent of the Mexican authorities, much less acquainted with those localities than the owners ought to be. The natives of the country entertained no doubts on this point, and we are thus enabled to record a considerable number of licenses secured dur¬ ing the years 1879 and 1880 to cut timber in the territory which Mexico now claims to be invaded. On the 17th of January, 1879, Cipriano Carrascosa obtained jDermis- sion from the Governor of Peten to cut two hundred trees in the “ La- canja” camp, binding himself to pay the established duties. Ismael Quesada, on the same date, was granted leave to cut four hun¬ dred trees in the “Alta Gracia ” camp. Manuel Suarez, to cut four hundred trees in the camp named “Pai’aiso.”' Rito Zetina, two hundred trees in “Lo Veremos ” camp. Luis G. Diaz, two hundred trees in the same camp. Bias Jueco, twenty-five trees in the Canque. Policarpo Valenzuela, two hundred trees in Yaxchilan and Cayo del Venado. These, and Jose Diaz Gonzalez, Manuel Perez Soler, Tranquilino Puli¬ do, Ram(3n S. Sim6n, Miguel Torruco, and others, asked for and obtained permits, paying duties in jDroportion to the number of trees cut, as appears from the proper records and the books of the collector of taxes of Peten. In the year 1880, Felipe Romero, of Tabasco, asked permission to cut eighty trees from the camp bought of Manuel Suarez on the banks of the Lacantum. Jose Diaz Gonzalez obtained permission to cut seventy trees in camp “ Rebumbio.” Aurelio Gonzalez, thirty trees in “ El Destino ” camp. Teodosio Ochoa, a Mexican from Michoacan, to cut eighty trees in “ El Deseo ” camp. 23 Cipriano Carrascosa, one hundred and twenty trees in “ La Unidn ” camp. Miguel Torruco, one hundred and thirty trees in “ San Lorenzo ” camp. Bias Jueco, fifty trees in “ La Concordia ” camp. Jamet & Sastre, one hundred and forty trees in camp “Progreso.” And with these several others during that and succeeding years, and not only Guatemalans by birth or residence, but also Mexicans who would not have asked permission of foreign authorities to cut mahogany and cedar—which was the wood cut—on lands of their own country. The camps named are on both sides of the Lacantum river. The authorities of Mexico said nothing, nor was there any opposition whatsoever. Did all or a part of the establishments or camps belong to the Mexican Republic, the authorities could not but know of it, or be in¬ formed thereof by such of their countrymen as went to Flores del Peten in search of permits. The inhabitants and natives of the country unani¬ mously affirm that they have not heard that the regions indicated, to the west and south of the IJsumacinta and west of the Chixoy, belong to any one but Guatemala. In 1892 legal proceedings were had, intended to suspend timber-cut¬ ting in Miguel Torruco’s camp, at the initiative of the representative of Messrs. Jamet & Sastre. Relying on private contracts, the representa¬ tive prayed that Torruco be compelled to suspend the cutting on his camp, “ La Lucha ” or “ Egipto,” situated in Guatemalan territory, al ■ though Torruco contended it was on Mexican. The former replied that this was so far untrue that camp “ El Desempeno,” two leagues farther north, still belongs to Guatemala, since the boundary on that side is the Yaxchilan rivulet. Torruco had paid, in May, 1891, one hundred and eighty of road tax for his workmen for that and the previous year. It had not occurred to him then to allege Mexican territoriality. On the 11th of July Torruco was ordered by the Government of Peten to suspend the cutting for which he had no permit and had failed to make due payment, and he replied that the camp belonged to Mexico. There were pending against him at the time proceedings for smuggling liquor, and his imprisonment was decreed. (It should be stated that smuggling and frauds form a considerable part of the disturbances on the frontier and of the unfounded complaints.) That the Yaxchilan line served as the boundary in one section of the frontier does not admit of doubt, and, that nothing may be wanting, it was expressly acknowledged by the Government of Mexico in the note of its Foreign Minister, dated on the 10th of September, 1884. To the south of that line, going up the Usumacinta, were the “ Porvenir ” and “ Desempeno ” camps, considered by their owners to be in the territory of Guatemala, and further to the south, that is to say, further in the in¬ terior of this Republic, the camp called “ La Lucha ” or “ Egipto,” belong¬ ing to Miguel Torruco. As the authorities were not to be scoffed at, a squad of twenty men was sent to prevent the timber-cutting and capture the offender, who was, at the same time, accused of smuggling. The squad was cautioned not to cross the Yaxchilan rivulet, and to conduct itself in a proper manner. Torruco was arrested, the camp was vacated, and five hundred and fifty 2 )esos had to be paid, which was the amount due the Treasury for the trees cut. As it was alleged that the arrest was made outside of Guatemalan ter- 24 ritory, an investigation ensued and it was proven that the locality “ El Desempeno,” where the arrest was made, belonged to this Republic. This was, moreover, unnecessary, as that place corresponds to a vertical south of the Yaxchilan line, on the side, consequently, of Guatemala. This incident laid bare the means employed by some parties on the fron¬ tier to violate the laws and evade them. Torruco had had trouble with the Mexican engineer, Don Jose Ugalde, in 1890, in his camp “Egipto;” perhaps Ugalde complained, the justice of the peace of Tenosique wished to intervene, and Torruco protested that his camp was in Guatemalan ter¬ ritory. As that intervention was merely oflEiciousness, there were no fur¬ ther results. More recently another investigation was made to determine the owner¬ ship of the territory west of the Lacantum, prior to the treaty of 1882, and it appears that by permit of the Government of Peten, and comply¬ ing with all legal requirements, the following had camps on the left of the Lacantum, west of said river: Tranquilino Pulido, one league above the Tzendales rivulet, and a camp named “El Caribe;” Ismael Quesada, the “Alta Gracia ” camp; Miguel Torruco, the “ San Lorenzo; ” Manuel Suarez, the “ Paraiso; ’’ the same Pulido, above named, “ El Destino,” which he sold in 1879 to Miguel Torruco, and the latter transferred to Amalio Gonzalez; Jose Diaz Gonzalez, “ El Rebumbio ” and afterwards “ La Soledad ; ” Luis Diaz Gonzalez, “ San Rosendo ; ” Rito Retina, “ Lo Veremos,” which was afterwards named “El Progreso;” Teodosio Ochoa, “ El Deseo.” From all the testimony procured, it appears that camps were estab¬ lished on both banks of the Lacantum by authority of the Governor of Peten. In San Lorenzo, west of the river, during the past year of 1894, the assistant alcalde, named by the municipality of La Libertad, was Bue¬ naventura Sierra, a tailor by trade, residing on the left bank of the Lacan¬ tum ; where live also Enrique Soler, Jose Charinjan, Miguel Colmos, and others, all of whom declare never to have known any authority other than that of Guatemala, nor having seen any orders but hers obeyed. IX. An Executive Commission. The Government of Peten had knowledge of the abuses being com¬ mitted in the efforts to make use of lauds and forests in regions of which Guatemala was in possession, in defiance of laws and regulations, and dis¬ regard of all propriety. Back in July, 1893, a protest was lodged because of a survey being made by a Mexican engineer for the house of Schind¬ ler, of Tabasco, on territory traditionally recognized as Guatemalan; and although the Government of Mexico raised no objection, its citizens have continued invading and exploiting lands without permission from the only authority having the right to grant it. Near the Tzendales rivulet, east of the Lacantum river, two engineers were surveying for the house of Romano & Co., of San Juan Bautista, and, without scruple or reflection, camps were established in defiance of the authorities, as though it were obligatory to tolerate the first occupant who should utilize what he found in his path as though it were property having no owner and under no one’s care. The Governor appointed a commission composed of Mr. Miles Rock, engineer-in-chief; Don Jose Daniel Cordero, Secretary of said Governor, 25 and Don Manuel J. Otero, political commissioner of “ La Libertad,” centre of the districts wherein tree-felling and abuses were taking i:)lace. The commission was to be accompanied by an escort under Major Estanislao Aldana. The intention was to cross to the lands adjoining the Tzendales rivulet, to prevent the establishment of camps, suspend the unauthorized ones, and to stop such acts as were committed without the consent of com¬ petent authority. The instructions given the commission cautioned it to avoid every hos¬ tile act, and to proceed with judgment and certainty in all matters. Of every act a minute was kept, which shows there was no precipi¬ tancy, either voluntary or involuntary. Although it may demand pages, it is advisable to make extracts from the report of the commissioners. On the 21st of May, 1894, the commission and the escort reached Vic¬ toria, on the banks of the Lacantum. The political commissioner of “ La Libertad ” (who was among the delegates) declared that four leagues above camp “El Rebumbio,’’between the mouths of the Lacanja and Tzendales rivulets, Miguel Torruco had sown cornfields, and that on the banks of the Usumacinta, in Guatemalan territory, he had lumber camps. That on the 14th of May the said Torruco, with the Governor of Teno- sique and sixteen armed men had gone U23 the Lacantum, in the direc¬ tion of the Tzendales rivulet. Don Mariano Pardo, of SjDanish nationality, declared that he was chief of camp ‘ ‘ La Union.” He knew that for four months past there had been gangs of laborers sowing corn and opening roads, and two engineers sur¬ veying under orders of Don Navor Cfirdoba Manzanillo and Don Rafael Naranjo, for the firm of Romano & Co., of San Juan Bautista, on the Tzendales rivulet, three leagues from camj) “ Unionhe thought said localities belonged to Guatemala. He corroborates the statement as to Torruco’s cornfields and cam^^s, and adds that the latter, with armed men and the Governor of Tenosique, were, on May 15, in “ El Rebum¬ bio,” and on going up the river they fired shots at some rowers 'from camp “ Union ” because when hailed they did not stop quickly. That he saw a jDermit issued by the Government of Chiapas to Messrs. Romano & Co. to cut mahogany and cedar trees in the Palenque Department, far from there; but that the jjermit did not refer to other localities. (Pa¬ lenque is in the interior of Chiapas.) The same Don Mariano Pardo sent to the jDolitical commissioner, Senor Otero, two letters which he had received in Ainll from Don Navor Cordoba prohibiting him from cutting in camp “ Union.” The fact of the armed expedition of Don Juan Y. Castro, Governor of Tenosique, accompanied by Miguel Torruco, is fully confirmed by many deji^ositions, it aj^pearing from all that those lands belonged to Guatemala. The said Governor threatened to shoot Juan Gonzalez if thi’ough him anything was heard uj) there, for Gonzalez, who had carried him in his canoe, was forced through illness to stop on the road. Jenaro Ortega, clerk to Miguel Torruco, in the lumber camj) “ El Que- mado,” where “ EgijDto ” was formerly, says that he believes the places visited by the Governor of Tenosique belong to Guatemala, because Mexico never has had jurisdiction on the banks of the Usumacinta as far as the Yaxchilan rivulet, nor on the banks of the Lacantum. The same declaration is made by Librado Lopez, who, like the former, is a Mexican citi¬ zen from Tabasco ; and Antonio Coj, of Tenosique, Ceferino Suarez, of Tabasco, and his countrymen, Octaviano Jeronimo, Jose Hernandez and Andres Jimenez, confirm everything relating to Guatemalan jurisdiction 26 over the timber-cutting and corn-growing localities which were the object of complaint on the part of the authorities of Guatemala. The commission, fully convinced that neither Torruco’s plantings nor cuttings should be respected, determined to suspend them and break up the places. On the 27th of May the commission left for the Tzendales rivulet with an escort and some militiamen, and on the 31st they arrived at camp “ La Constancia,” on the Colorado rivulet, finding there Don Navor Cordoba Manzanillo, clerk to the firm of Romano & Co. Cbrdoba declared that he had been there since February to cut two thousand mahogany and cedar trees ; he exhibited the permit from the Governor of Chiapas to cut timber in Palenque, and said that he was unaware as to whom the said land belonged. He was notified to cease the cutting, and any other work not allowed by the authorities of Guatemala, as “ Constancia ” was in the jurisdiction of “ La Libertad.” He requested and was granted ten days to evacuate the place. Some laborers of Cbrdoba, among them Victoriano Osorio and Leon Yergo, both from Tabasco, preferred to remain at work, knowing that they were in Guatemalan territory. Cdrdoba, as he himself confessed, had not yet done any felling, but had employed his hands in preparing the lands for crops and other purposes. On the 3rd of June, the Mexican engineers, Don Manuel Pastor and Don Felipe C. Molina, were examined, and they said that they had instruc¬ tions from the general attorney of the Tabasco and Chiapas Colonizing ComjDany to give no information except to the Minister of Public Works, and the President of Mexico, and that they had finished their work. On the same day the commission made a protest in the name of the Govern¬ ment of Guatemala, as the lands surveyed belonged to the Republic, and it was made known to the engineers Pastor and Molina. On the 16th of June the champas and camps of “ La Constancia ” were dismantled, and on the 19th Torruco’s coimfields. Sebastian Torruco declared that by order of his brother Miguel the camp he had on left bank of the Usumacinta, one league this side of the Yaxchilan rivulet, was transferred north, eight leagues lower down, be¬ cause it was said that that locality belonged to Guatemala, and he de¬ sired to avoid disputes. From all the data relating to the camps established without right or authority, the commission, on June 29, prohibited Sebastian Torruco, Jenaro Ortega, Jose Narniga, clerk to Don Frederico Schindler, and Transito Mejenes, employee of Don Policarpo Valenzuela, from cutting timber or engaging in other work on Guatemalan territory, making known to them that the localities “ Agua Azul,” “ San Nicolas,” and “ Antiguo Egipto ” were within the jurisdiction of this Republic. On the 4th of July “Agua Azul ” was evacuated, and on the 7th “ San Nicolas,” the camps being dismantled, the same thing happening to camp “ Antiguo Egipto ” on the 8th. The timber got out by Don Miguel Torruco was about two leagues from the Usumacinta. In camp “ San Nicolas,” es¬ tablished in 1892, there were 313 mahogany and cedar logs, and 35 that Don Policarpo Valenzuela bought of Torruco. The commission withdrew, leaving a force of the escort to guard the lumber got out by Don Policarpo Valenzuela and Don Miguel Torruco, and Juan Gonzalez was charged with the care thereof. To the certification of the report was appended a chart of the localities and points referred to and of the route followed by the commissioners. The perusal of all these facts compels full conviction of the right which upheld Guatemala in enforcing her authority and putting an end to the 27 abuses which were being committed to the injury and prejudice of the Republic. It is not denied that the lands where the camps were estab¬ lished without permission, have to pass over to other hands. But in the meantime, and until that is done in a legal way, it is the bounden duty of the Government of Guatemala to cause her laws to be respected within her jurisdiction. Otherwise, the very contempt for the legitimate author¬ ity that has been manifested by infractors and trespassers under the pre¬ text that Guatemala’s rights will some day cease, would show itself armed with other excuses to violate lands included in the new boundaries. To yield to those invasions would be more than a weakness ; it would be the abandoning of a right, particularly when with slight investigation there may be distinguished throughout this whole question the marks of an in¬ trigue and an inaccuracy which ought not to be expected after so many considerations and after so many sacrifices. That the camp lands are within the old boundary line is more than evi¬ dent, even without adducing new proofs through the reference we shall shortly make to the maps. All the witnesses agree that Guatemala has possessed these lands ; there is no evidence to the contrary. A consid¬ erable number of Mexicans acknowledge the rights of this Republic, and the very ones interested in presenting matters in another light evince doubt or maintain silence, without producing one single witness to nullify or at¬ tenuate the value of the proofs. An engineer surveys lands for the house of Schindler, a protest is made, and no one afterwards contests the right of the Guatemalan authorities. The engineers Pastor and Molina evade making any statements, limiting themselves to the declaration that they have been instructed to keep silence. The Governor of Tenosique makes an expedition as by stealth, from the eleventh to the sixteenth of May, threatens Juan Gonzalez into keeping silence, knows that the Guatemalan commission is to arrive, and refers to it in several conversations, but he withdraws, leaving it to act, without evincing a single manifestation of sur¬ prise. Employees of Miguel Torruco assert that their camp and corn¬ fields are in territory of Guatemala, and his brother Sebastian promises to withdraw one of them and establish it in the interior of Mexico. For two months the commission is unmolested, and encounters no ob¬ stacle to the discharge of its duty, although the trespassers are Mexi¬ cans : undoubtedly because the latter do not feel that justice is on their side. C6rdoba Manzanillo suspends preparations for cutting, an incom¬ prehensible thing were he convinced that he was in the exercise of a right. The permit by which he opens up a camp on the banks of the Tzendales rivulet is for the Department of Palenque, and not for the banks of the Lacantum, which latter could not be granted by the Governor of Chiapas. There is not one single regular sign pointing to the presumption of probability in the pretensions of Mexico, nor one obscure point to create doubt as to the rights of Guatemala. Miguel Torruco, principal cause of the disturbances and the abuses west of Peton, had paid his taxes at a former period, as appears from the books of the Peten collector, under these entries: On July 17, 1876, four hundred and fifty dollars. On March 25,1878, two hundred dollars. On January 1, 1879, three hundred and fifty dollars. On February 2, 1880, with Tranquilino Pulido, twenty dollars, and on the 18th of the said month, by himself, one hundred and fifty six dollars and twenty-five cents. On February 8, 1881, eight hundred and twelve dollars and fifty cents. This does not include what he had to jjay in 1892 for having been sur¬ prised in felling without permission. The jurisdiction of Guatemala has not suffered any change since those 28 years, notwithstanding the prospect and the obligation of a change, as a consequence of the treaty of 1882, have intervened. Very much to the contrary, the strictness of the possession should be maintained most scrupulously. Those who may be surprised at a certain harshness on the part of the commission must recollect that so many considerations would not have been shown in other countries, for, the felling of ti’ees and trespassing on property of the State constituting an offence, sti’ict justice would have demanded the application of corporal punishment. Were similar lawless¬ ness attempted and committed on the other side of the northern frontier, if only on territory in the temporai-y possession of the United States, el¬ even leased, the American authorities would not be content with merely suspending the abuses and dismantling the means of continuing them. The commission had the advantage of personally seeing and hearing things, and it would not have assumed any responsibility unless fully con¬ vinced that it was acting within the law. Number 156 of El Eacional, of Mexico, under date of the 25th of De¬ cember last, has on its first page a copy of the map made by the engineer, Mr. Miles Rock, with the remarks and changes suited to the object it had in view, and it shows in yellow ink the boundary located in 1811 by Don Domingo Caballero, adding that it was the one traditionally recognized prior to the treaty of 1882, that is, the boundary on the left bank of the Lacantum river. Nevertheless, no indication of that tradition is to be found in any other place, nor a map, nor chart; nor has Mexico made any survey of any kind that she has been able to put to the proof, nor can there be found in the region west of the Lacantum any one who will not assert that those districts belong to Guatemala, nor does it ap¬ pear even by inference that the authorities of Mexico, either in tradi¬ tional or in times not so far removed, ever interfered there for anything. However unsettled that district may be now, and however deserted be¬ fore, there would be some information which would corroborate the sup¬ positions of El Nacional, and there is none : no controversy or disparity in the proofs has arisen. Laborers of Tabasco, employees of camps, wit¬ nesses of neutral nationality, all agree that it has never been said that any country other than Guatemala had jurisdiction there. Those who least join in the unanimity of opinion do not know where they are, nor why they surveyed, nor what rights those who ordered them to survey had; or they say nothing because they doubtless know nothing, for were they convinced that they were treading the soil of their country, they would acknowledge it and defend it not only before an investigating commission, but before the whole armed world. X. The Message of the Pkesident of Mexico. In the message addressed by General Porfirio Diaz, President of the Mexican Republic, on the 16th of September last, to the Congress of the Union, among other things, is said: “ Nor has this been the only difficulty growing out of the different interpretations given the boundary treaty by each party. In the unfounded sujDposition that the Guatemalan jurisdic¬ tion over the territory extending west of the Chixoy and Usumacinta rivers is evident, until the whole of the boundary line is located, the Gov¬ ernment of Guatemala has gone on exercising acts of sovereignty in that region, destroying several establishments founded by permission of Mex- 29 ican authorities for the exploiting of forests located in territory which has always belonged to the State of Chiapas, and which is on this side of the boundary defined by the treaty of September 27, 1882. The said Gov¬ ernment has also asked satisfaction of that of Mexico, alleging on its part, without proving it, that its rights have been violated (as if it had any in those lands) by authorities of our Republic. The Executive of the Union has protested emphatically against the violation of the national territory and demanded the punishment of the invaders, as well as reparation for the damages by them caused in the camps called “Egipto,” “ Agua Azul,” “San Nicolas” and “La Constancia.” In the first place, the plan adopted is the status quo until the bound¬ ary line is traced; but there is no obligation that it shall be wholly fin¬ ished, since another course was pursued when, at the completion of the sections between the Suchiate river and Santiago, each party entered into possession on the respective sides of the designated line. As no further line has been laid out, this course could not be longer continued. In the second place, the invasion to which the message refers has not taken place, for we cannot so denominate the exercise of a right against which unsupported denials alone are set up, while there is a surfeit of proofs in favor of Guatemala, and no evidence or sign, great or little, that the camps which are the object of the controversy ever belonged to Mexico. The reference to the treaty of 1882, interjecting it into a different sub¬ ject, proves that there is a fixed purpose to link two questions, distinct by their nature, as well as to make the extraneous question lend to the argument a force which it lacks. The treaty of 1882 furnishes the key for the establishment of boundaries, and Guatemala does not deny that districts which she now possesses, because she possessed them in 1882, will belong to Mexico when the boundary line shall be drawn, or when, as was done with the first sections, the sectional exchange or transfer shall be made in a formal and regular manner. It is a different matter to consider the ownership of the future and the possession of the pres¬ ent, which, by common law and the method adopted by the contracting parties, cannot be violated by individuals or authorities with the excuse that an event sooner or later obligatory through a solemn contract is an¬ ticipated. The details of the expedition of Don Juan Castro, Governor of Teno- sique, the methods he pursued, the threats to compel its being kept se¬ cret, his swift return, the fact that he never even attempted to interrupt the work of the commission, which took long depositions at several places, would prove who was convinced of being on his own territory and in the exercise of his right. OwnershijD according to the treaty is something foreign to ownership by tradition, and to possession thereby, until the conditions are carried out; that is, until it is legally transferred, by reason of the boundary line having been traced, or, if agreed, successive sections thereof. El Nacional, defending the President’s message, formulates theories of a character as new as they are singular. “ Even supposing,” it says, “ that the boundaries traced by Caballero in 1811 did not exist, under the treaty of 1882, whose stipulations regarding the boundaries of that re¬ gion are as clear and explicit as we have already seen, the violated terri¬ tory should have been sacred to her, for since that date it ceased to be¬ long to her. The survey of that boundary is a formality which neither adds to nor detracts from the spirit of the rights created.” That is to say, that in conditional obligations it matters not whether the 30 condition is observed or not. But then it was useless to appoint engi¬ neers and make surveys and see hundreds of Guatemalan laborers*perish through illness in the employ of the Mexican commission. It did not occur to the Government of Mexico that immediately on the ratification of the treaty it could make use of even the most indisputably ceded localities, for the rights of nations are not transferred through indefinite bases but through clear and categorical exj^ression. The promise to sell, grant, mort¬ gage, or any similar promise, does not become binding and obligatory until it is realized through the formalities which are to determine the consum¬ mated act. And a transaction between nations would not be more trivial than one between individuals. What is comprehended in the treaty will cease to belong to Guatemala when the boundary line is established, or when the sections are ended, as was done, but she does not cease to pos¬ sess until then what she possessed on the 27th of September, 1882. Re¬ cording is a formality, although essential, yet property not recorded is not legally transferred. But there is more; if the parties established the status quo —the con¬ tinuation of things in the same condition and state as in the year 1882— for a given time, more or less short, the right to disturb that status quo would not be granted the first who should appear actuated by interest, or with the intent to take advantage of the period of transition, or defy the authority of the possessor. Descending to things less transcendental, if we were to closely follow those tactics , we should say that the magistrate who is soon to cease the exercise of his functions should permit every disre¬ spect. Here was a right on the part of Guatemala, and violations and abuse on the part of some cutters who were without permits from those having the right to grant them. Taking the question out of its proper sphere, and supposing for a sin¬ gle moment that Guatemala were a trustee, she should not consent to the property being used by the first one desirous to use it. But that is not the case, nor was the use denied the Republic, so much so that it has given permission to cut down trees in localities that will go to Mexico, and there has not been made, nor is it reasonable that there should be made, any charge against it. XI. Geogeaphical Data. Article VI of the treaty of September 27,1882, begins thus : “ It being the object of both Governments, upon adjusting this treaty, not only to put an end to the difficulties existing between them, but also to terminate and avoid such as may originate between neighboring populations of both countries, arising out of the uncertainty respecting the present bound¬ ary lines, it is stipulated,” &c. Here is an acknowledgment that there is uncertainty respecting the dividing line, and it is true that no detailed survey of the whole line was made on the Mexican and Guatemalan frontier before 1882, nor have there been in the past any noticeable signs that Mexico had any extraordinary interest in establishing it. But the uncertainty was in a different degree. Though Guatemala was unable to assert with absolute precision points of longitude and latitude by seconds, in given places, she did not thereby ignore that certain districts were indisputably hers, though the final boundaries were undetermined, while Mexico raised no question respect¬ ing those districts, nor presented demands, nor sent delegations, nor 31 doubted, until in the course of executing the treaty of 1882, she has gone on advancing demands and giving herself up to interpreting to the end that in the resulting transactions she might obtain the lion’s share. She entertained no uncertainty; she was entirely unconscious, not even imagining that she w^ould one day raise a controversy regarding some¬ thing so foreign to the plans and calculations that antedated the treaties. She felt uneasiness about what might result in the course of time from the question regarding ChiajDas and Soconusco; so much so that in the bases for the treaty reference was only made to the frontier of Chiapas, without the slightest idea that a monstrous extension would be attempted which would almost unite Chiapas with Belize, cutting the Republic of Guatemala into two sections. When already on the way to a compromise it was desired to carry the' proof of deference on the part of Guatemala to the utmost extreme, and she covenanted unstintedly, although it could never be understood that on signing the treaty of 1882 the right of possession or the essential obligation of mutual compensations was abandoned. A trusting ten¬ dency, and the unlimited confidence of the Government and Assembly of Guatemala, brushed aside doubts and suspicions, and it was thought that the dispute was ended forever. But the result has been that, although Guatemala has acquiesced in the much she lost, in exchange for a few insignificant strij)s of land, Mexico has left the door open and movable that she might advance it under any passing impulse, or the spur of the slightest motive, it occurring to her, against the letter and spirit of the treaties, to dispute on one side the right of property remaining in Guate¬ mala, and on the other the right of possession reserved until the boundary lines are settled. It has seemed, in all the proceedings subsequent to 1882, as though Mexico were judge and party and arbitrator, and that she was given the power to decide according to her convenience, without any one else hav¬ ing any standing or part whatever. Such has been the tone of official speeches, and of newsj^apers emboldened by presumptions of strength, riskily invoked by those who are in turn exposed to bear the consequences of those doctrines which we thought incompatible with the culture of this age. We have already adduced proofs of the traditional possession by Gua¬ temala of the districts extending west of the Usumacinta, at its lowest latitude, and the Chixoy rivers—testimony of the inhabitants of both banks of the Lacantum river; of laborers in the camps, Mexicans and Guatemalans ; of the office of the collector of taxes of Peten; of authen¬ tic documents, wherein are recorded the permits granted and the taxes paid; and the constant exercise of the jurisdiction of this Republic. No one has found that there ever existed any controversy, continuous or peri¬ odic, as to this; there is nothing but what demonstrates clearly the right of possession of Guatemala to the regions and centres where the camps were organized. If it appears evident that Guatemala has exercised an immemorial right, and that Mexico has never either exercised or attempted to exercise it, this fact would suffice to settle the legality, not only in the ordinary courts, where private actions are ventilated, but also in diplomacy and in public opinion, which are called on to decide in justice the disputes of countries. We can still enlarge the data and proofs, if only to have them abound here as much as they are wanting on the part of Mexico.* ♦The accuracy of the scientific data in the text may be verified by consulting the map accompanying this pamphlet. 32 The Lacantum river joins the Usumacinta at ninety degrees and about forty minutes Avest longitude from Greenwich, and the camps are situated on the sides a little to the east, and to the west of a perpendicular line or a meridian passing through that confluence, as far as longitude ninety-one degrees and ten or twelve minutes, being a strijD of from thirty-two to thirty-five geographic miles in width, far to the south of the Yaxchilan boundary line, recognized by the Mexican Government. Maps, charts, and surveys leave that district within territory which belonged to Guatemala in 1882, includiug Caballero’s parallel, of 1811, which, moreover, lacks authority, and which, even while attributing to Mexico what was not hers, did not originate even the slightest semblance of a territorial demand by the Mexicans. In the map published in Mex¬ ico in 1890, under the aus^^ices of the Ministry of Public Works, which map Avas drawn Avith reference to the boundary with Guatemala, from the point of view of the authors regarding the treaty of 1882, u’regulari- ties and contradictions are noticeable, Avhich alone . prove the fixed pur¬ pose to create confusion in a matter intrinsically clear and simple. Nev¬ ertheless that same map, which, by giving the name PasiOn to a river Avhich is not the PasiOn, locates it at a distance corresponding to the Chixoy, will afford us conclusive proofs, if any more are needed, regard¬ ing the possession by Guatemala of the regions wherein lie the camps that Avere broken up. In 1887 the engineer, Don Eduardo Rockstroh, published a map of the boundaries of the Republic showing what he believed to be the frontier previous to the treaty of 1882, and that which Avould remain after exe¬ cuting the treaty. The meridian passing through Santiago is approxi¬ mately at ninety-one degrees thirty-eight minutes longitude Avest from the meridian of Greenwich. The boundary line in the map runs straight up and intersects the Lacantum river, at ninety-one degrees twenty minutes longitude, and seventeen degrees seventeen minutes, more or less, north latitude ; thence it rises vertically till it crosses the seventeenth degree of latitude. On the east lies the district of the lum¬ ber camps which have given rise to the latest question. Sehor Rockstroh knew the ground, was acquainted with the antecedents, and although it is possible he may have erred, through a desire to limit himself solely to ex¬ pediting the Avork of the survey, what he did within a certain zone is Avorthy of being considered as good evidence. Mexico did not say any¬ thing in that year (1887) nor in the succeeding years, although Mr. Rockstroh’s Avork Avould have claimed attention he being an engineer of the Government boundary commission, had the Mexican Government or engineers anything to stand on. The chief of the commission, Mr. Miles Rock, also made a plan of the boundaries which, so far as the point being elucidated is concerned, starts at the Santiago vertex, and runs off obliquely till it intersects the ninety- first degree of longitude before crossing the Usumacinta river, leaving on the east the camps and forests situated in districts of Avhich Guatemala has always been in possession. The Yaxchilan line was the boundary on one side of the frontier, and Mr. Rock did nothing but extend it in a direction which could not reasonably give Mexico cause for complaint, because it united by a straight line the recognized point on the north with that of Santiago, recognized on the south. Guatemala has possessed more to the Avest; so that if there is any error or defect in Mr. Rock’s demarcation it Avould prejudice Guatemala, but in no Avise Mexico. The chief of the boundary commission based what he established and asserted on the oldest maps and on a personal knowledge of the localities. 33 The arbitrariness of which he is accused by the Mexican press in the tracing of the line is an unfounded charge ; he could, without fault or excess, have inclined the line a great deal to the west, relying on unani¬ mous reports of the inhabitants of the neighboring localities, on the record of jurisdiction exercised and maintained by Guatemala; on the Rockstroh sketch ; on the maps of Maestre, Sonnenstern, Au, Gabarrete, Cubas and Fernandez, and for the specific matter of the camps, on the Mexican official map of 1890 itself. Well does Mr. Rock observe that Guatemala had possessed territory nearer to Mexico without controversy or dispute. In Maestre’s map of 1832, the boundary line runs from west of the Tacaua volcano, up to Santiago, and afterwards almost perpendicularly to a higher latitude, meeting a meridian at ninety-one degrees and about forty minutes west longitude, where the line inclines to the west to beyond the ninety-second degree, leaving within the limits of Guatemala a very wide extent of territory, including Palenque. The line then turns to the east, and from Las Cruces hill goes towards the north, beyond the nine¬ teenth parallel. Maestre carries the lines to a point which not only leaves the camps within Guatemala, but many other more western districts. Sonnestern, in his map of 1859, starting from the same point as Maestre, draws the line to the east, leaning toward Santiago; thence it goes north to Naite and the Menche ruins, follows the Usumacinta, and at latitude seventeen degrees ten minutes rises perpendicularly to seven¬ teen degrees and a half. The basin of the Lacantum is a long distance to the east of the boundary line. Herman Au traced the boundary line beginning at Ocos toAvards the north, inclining to the w'est to ninety-two degrees thirty-six minutes longitude, beyond the sixteenth parallel of north latitude ; thence north to the sixteenth degree sixteen minutes latitude; thence east, on a hori¬ zontal plane, to longitude ninety-one degrees thirty-six minutes, and thence northwest. No doubt can enter here as to whether the line surveyed leaves inside an immense territory further west than the camps. Herman Au afterwards surveyed another line correcting the former. In that he had located Ixbul hill more than thirty minutes north of its proper position, it being very probable that the error would lead to ap¬ preciable consequences had it not been discovered op^Dortunely. On cor¬ recting, Au drops the line to parallel sixteen, continues it horizontally from Santiago thirty-two or thirty-three minutes to the east, seven or eight before touching the meridian ninety-one west longitude, carries it north-northwest to parallel seventeen, and thence north to seventeen de¬ grees fifty minutes, leaving on the Guatemalan side Tenosique and other localities of Mexico. The camps lie to the east, and this line only inter¬ sects the Lacantum in its highest course, before it receives the affluents which give it its importance. All’s corrected line advances to the east of the meridian which would jiass through Santiago, in territory indisputably owned by Guatemala prior to 1882, and therefore legally held until the survey is made, but it does not reach the camps. Neither Mexico nor Guatemala can jointly ac¬ cept Au’s survey as trustworthy evidence, the one for the purpose of claiming to the east, or the other to assert rights in the west, because the indecision and uncertainty of the author are noticeable, who, among other things, had he known it personally and taken the geographical posi¬ tions correctly, would not have located Ixbul hill first north and then further south. The policy of the Mexican press, of admitting whatever is favorable in 34 sketches and maps and rejecting what is adverse, is as inadmissible as it would be to select a phrase or a word from a speech upon which to found a confession of the opposite party. And no less illogical is it to amend and make over the work of others, retouching it to the taste of the party interested, suppressing measurements and heights which if re¬ tained would reveal contradictions and errors, through the desire to estab¬ lish paradoxical arguments and sophisms of not even apparent value. In the map of Gabarrete and Prieto, 1875, the line runs from Oc6s to Santiago, thence in the same northerly direction, almost parallel to a me¬ ridian at ninety-one degrees forty minutes west longitude, and continues on, coming out many leagues to the west of the survey of Mr. Rockstroh and Mr. Rock. Cubas and Fernandez, in the Mexican official map of 1882, draw the old line from Oc6s to Santiago, with inclinations to the w-est. They twist it to the east along what has been called the Santiago-Chixoy parallel, to ninety- one degi’ees seven minutes west longitude. The line afterwards obliques to the west to longitude ninety-one degrees forty minutes, and latitude sev¬ enteen degrees ten minutes, and going east, rises soon to latitude seven¬ teen degrees fifty minutes. From its departure from the Santiago- Chixoy parallel, the line of the engineers Fernandez and Cubas keeps on deviating from the timber districts, all of which remain to the east, with¬ out including in the territory they assign to Mexico one single point which is the object of claims. The Mexican map of 1890, having an official character, since it was made by order of the Ministry of Public Works, may be, perchance, un¬ answerable in part, but in so far as it refers to the boundary with Guate¬ mala it appears to be a casuistic formula. Of the old boundaries, as may be seen, it takes no note, limiting itself to determine the final line, ac¬ cording to the convention of 1882, with a new, strange, and, it might be added, captious turn. Considering, undoubtedly, tlie thousand of miles which by the treaty of 1882 passed to the possession of Mexico, as little, or less than what was coveted, it was attempted to extend the Santiago-Chixoy parallel until it met the Caukuen or Pasi6n river. [Later on it may happen that the Pasi6n river may have eastern affluents, and that it would be advisable to investigate if there is a deep one which will continue lengthening the par¬ allel.] Then Guatemala, in order to communicate with Peten, would be compelled to use a narrow strip of from thirteen to fourteen leagues, which is the distance between the Pasi6n river, at its intersection with the parallel named, and the Belize frontier, west of Punta Gorda, perhaps less. The Belize boundary at that place is at eighty-nine degrees and twenty minutes west longitude from the meridian of Greenwich, and the point of convergence of the river and the extended Santiago-Chixoy parallel at eighty-nine degrees and from fifty-two to fifty-three minutes ; there is, then, an entry of from thirty-two to thirty-three geographic miles, which the difference in minutes of longitude amount to. The official Mexican map of 1890 establishes the eastern boundary of Mexico on that side, at a point it calls the PasiOu river, but which by its geographical position is the Chixoy. And it is and must be the Chixoy, although it shows no river farther to the east, as its point of starting is, approximately, ninety degrees thirty minutes west longitude, distant seventy minutes or seventy miles, more or less, from the Belize frontier, the diference being exactly that which exists between the Chixoy and the Pasion rivers. Such a sophism is so strange, that thinking that Mr. Rock had erred in transferring the lines to the comparative plan which is to be 35 published, we consulted the map, measured the distances by the meridi¬ ans, and found Mr. Rock’s transfer correct. We had heretofore noticed new things in diplomacy, and now we see them in geography, which it would not be suspected would lend itself to such entanglements. The fact is that the Pasion river has been carried thirty-five or thirty-six miles to the west, having therefore to carry with it the Chixoy and the Avestern districts. At a distance then of one degree and ten minutes west of the Belize fron¬ tier, and on the line which, whether it is the Chixoy parallel from Santiago, or the Santiago parallel continued indefinitely, we do not know, begins the demarcation in the map of 1890, and runs north. It describes an arc of eighteen minutes at its highest point; it descends in a curve of seven minutes to the eighteenth degree of latitude, leaving on the north, in Gua¬ temalan territory, the camps of “ Constancia Nueva,” “ San Nicolas,” Egipto,” “ Agua Azul,” aud nearly all the others established, remotely or recently, in those localities. At ninety-one degrees fifteen minutes west longitude, on the said map of 1890, the line goes towards the north Avith a slight dip to the west, passing beyond degree ninety-one and a half over the seventeenth parallel, north latitude. So that the camps in question lie to the north and east of the boundary line traced in the Mexican official plan. Camp “ San Nicolas,” of PolicaiqAO Valenzuela, at longitude ninety degrees fifty min¬ utes, or fifteen or sixteen leagues east of the said line ; camp “ Constancia,” from four to five leagues; camp “ Egipto,” from thirteen to fourteen leagues, and camp “Agua Azul,” near to that of “Egipto,” is, more or less, about the same distance from the line. All of them are, therefore, far in the interior of this Republic, according to that map and the others that have been cited. On these points the official Mexican map corroborates the testimony we have been adducing, and which compels full conviction of the justice of Guatemala. If a false self-esteem does not step in, and insistence in erring convert itself into obstinacy, it may be clearly seen, Avithout the necessity of investigating, what kind of intrigues have hallucinated the minds and given support to the disordered covetousness of speculators as disregardful of the truth as of the rights of others. Up to the present we have noticed only pride and intemperance where reason should hold sway. XII. Sloavness of Procedure. Before the convention of September 27, 1882, Avas ratified, the impossi¬ bility to follow all the stages in the execution, and to designate the exact points of such an extensive frontier in the brief term allowed the scien¬ tific commissions of Mexico and Guatemala, was recognized. Some ob¬ servations Avere made, but the clause in interest Avas allowed to go Avith¬ out amendment, in the understanding that the term was not peremptory and could be extended, if the engineers did not finish in time, until the objects and ends the contracting parties had in view should be realized. Besides the difficulties common to this class of work, there Avere to be considered the most special circumstances of locality, climate, dearth of jAopulation, the hardships of the Avork in the rainy season, and the diseases in marshy districts. During the original term the engineers of both com¬ missions did their duty, and nevertheless did not succeed in locating the 36 line save in the sections between the Suchiate river and Santiago. In the middle of the Santiago-Chixoy parallel the Mexican commission ceased surveying, and for two years, from 1885 to 1887, did not return to its task except to raise difficulties and new demands respecting the extension of the pai-allel. The Guatemalan commission during all that time remained at its post, establishing the line between Santiago and the Chixoy river, even when the Mexican engineers did not cooperate. Mr. Rock, the chief of the commis¬ sion, wished to erect the monuments or landmarks at the places where the two commissions had worked, and the chief of the Mexican commission, Senor Pastrana, sent his protest because the locating of such monuments or landmarks was not by joint agreement. Mr. Rock urged Senor Pastrana repeatedly during two years to hold interviews or conferences, and Senor Pastrana either evaded them or refused bluntly. After losing two years, during which the Mexican commission neither worked nor ceased to produce dela 3 "s, one of its engineers appeared on the scene, as he said, by order of his Government, seeking whether, b}’^ extending the Santiago parallel to the east of the boundaries previously established in 1882, he would find the Pasion river, so as to give to clause four. Article III of the said treaty of 1882 a forced, violent and absurd interpreta¬ tion, for the Pasion river is neither named therein, nor can it be con¬ founded with the Usumacinta, nor had it entered into the plans of the parties on contracting to split the Republic into two pieces, leaving to Mexico the ownershij) of the central region. Mr. Rock protested and the Government of Guatemala emphatically seconded the jn’otest, securing from Senor Mariscal, Minister of Foreign Relations of Mexico, a reply which, although it might have recognized in more explicit and categorical terms the justice of the objections inter¬ posed, nevertheless, declared that the Government of Mexico was not set upon making that new demand, nor on violating the compacts subscribed, the execution of which had been entered upon. As the notes of Senor Martinez Sobral referred to the concrete point of the Santiago-Chixoy parallel, the Minister accepted Senor Mariscal’s I’eply in the sense of at least a tacit affirmation, and declared in another despatch the pleasure caused by the termination of the incident in a man¬ ner so reasonable and equitable. The Minister of Mexico having prom¬ ised that the matter would be settled in accordance with the stipulations of the boundary treaty, Senor Martinez Sobral said in reply: “ I take jileasure in declaring to your excellency that it was impossible to expect of Mexico any other attitude in the premises, considering the equity which supported the observations submitted by Guatemala.” There was no further reply, nor was the subject returned to for some time. Senor Martinez Sobral published the pamphlet in which he had marshalled proofs and reasons in opposition to the extension of the San¬ tiago-Chixoy parallel, and recorded therein that he had known from offi¬ cial documents that the matter relative to the region comprised between the Chixoy and Pasibn I’ivers had been concluded in a manner favorable to Guatemala. And although it was open to doubt whether the Mexican Government made the desistance dependent on the question of reciprocal claims, the matter was not cleared up, j’et there ought to be no obstacle whatever in this case, nor in the more disadvantageous and stranger one of confusing different matters, since the incident relating to the said claims had been considered and concluded. Rut the point, although apparently settled, was not, undoubtedly, in real¬ ity, or it would have been resuscitated in a different way than it was when 37 the Minister of Guatemala acoredited to Mexico, Senor Don Manuel Dieguez, in an interview held with Senor Mariscal on the 22nd of December, 1800, suggested to him that, having to return to his country soon, he desired to carry to the Government he represented a concrete and categorical set¬ tlement of the difficulty which had arisen with regard to the interpreta¬ tion of the fourth clause. Article III of the treaty of 1882. Minister Mariscal did not give an explicit reply and proposed that the two Govern¬ ments agree upon the points following ; 1st. That without at present extending the Santiago-Chixoy parallel, the commissions continue their work from the point where the Chixoy joins the Usumacinta, and continue the tracing of the boundary line to its termination : 2d. That if after said suspension no diffi culty should arise regarding the dividing line between the two countries because the Gov¬ ernments and their agents should agree on the interpretation of the treaty and its application, Mexico, in consideration of this fact, will not insist fur¬ ther on the extension of the Santiago-Chixoy pai’allel and it will be under¬ stood that the eastern extremity of the parallel shall be the Chixoy river; 3d. That if said difficulties should arise, the question would remain on the same footing, regarding the different interpretation of the treaty, as it then was. Senor Dieguez, without agreeing to anything, lacking, as he did, instruc¬ tions, wrote a memorandum which was transmitted to the Government of Guatemala. There is noticeable in the points submitted by Senor Mariscal, Minister of Mexico, an uncertain method for the regular advance of the boundary dispute, and a systematic tendency to revert to the obstacles which it was pretended to put aside. So serious a thing as putting in issue undisputed territory when no right to question it exists, cannot depend on extraneous conditions, nor on incidents or delays easy to stir up. Besides, the single fact of insisting on a claim in every conception un¬ just, caiised embarrassments and uneasiness, and must have impressed the mind with the idea that a prompt and logical settlement was being- evaded. Notwithstanding, the survejdng operations continued, and no new ob¬ stacles presented themselves to bi ing them to an end. The last extension ended in 1892, not because there was any jjurpose to suspend the survey, nor to perpetuate an anomalous state, but because the Assembly lacked time to act. Meantime the Guatemalan commission was not dissolved, nor did it abandon the purposes for which it w-as created. On the 10th of July, 1894, a new extension of time was agreed upon, which will undoubtedly be aj)proved by the legislative body at its coming session. Guatemala has not lost time. Of the whole work done, two-thirds w-as executed by the Guatemalan commission. The Mexican engineers, after two years of rest, dedicated part of their activity to measuring and sur¬ veying east of the Chixoy, in a region foreign to all the questions, outside of the treaties, and not included in any of the demands prior to the year 1887, nor questioned in either the maps of Mexico or of Guatemala. In everything there is noticeable an eagerness to switch the question off and take it out of its natural orbit. If it is proposed to split the dif¬ ference in any measurement—a difference which only amounts to a few metres—it is contended that the object is to gain extensive districts gra¬ tuitously, or through arbitration. If, through the failure of the Mexican engineers to be present, the Guatemalan commission endeavors to gain time and begins to locate the land marks onthe line jointly agreed on. 38 a protest is made because Senor Pastrana is not present to approve, and because be objects to monuments being erected in bis absence. A long and inexplicable suspension for two years is succeeded by a search for tbe Pasi(3n river, and another hundred square leagues of territory which were not even incidentally included in the plan, nor in the letter or spirit of the treaties. And now, when if Mexico would eliminate that point as being indefen¬ sible, the survey could be completed in another j^eriod or term, interests and intrigues combine to attack the covenanted right of possession ; ear is given to smugglers and trespassers, and a new incident surges up as though to prevent the settlement of the dispute. The second question is no less clear than the first. It might even be pertinent to question the ownership of unknown territories like the viceroyalties of Peru and Santa Fe. It is incomprehensible how one who has no knowledge of a district can dispute the possession thereof with him who exercises and has exercised permanent and undisputed jurisdiction. These are the true postponements, the causeless delays, the irrita¬ tions which interrupt the carrying on of an effective and peaceful work. And although there should be at any time a step less rapid than it ought to be, deliberation could never be presumed, since slowness prejudices Guatemala and not Mexico. It is right and more than right, we repeat, that the one that is to gain so much should appreciate the pro¬ priety of awaiting the observance of the formalities that he himself has covenanted. Had not the Mexican Government and engineers transcended the provisions of the boundary treaty in 1887, the authorities of Chiapas and Tabasco could by this time be granting within the new limits the permits they illegally issued in forests unknown to them, and the Com¬ mandant of Tenosique could peacefully scour the localities he overran as a trespasser at the instance of one of the promoters of the frontier abuses. Guatemala has done her duty, and will continue to do it. It cannot be demanded that she become enthusiastic when duty is a sacrifice, but she will not evade it, being able to say with deeper meaning than in any other circumstance that what is covenanted is law, although it be a harsh and bitter law. XIII. The Mexican Press. The press has assumed something like a moral obligation to respect the refinement and susceptibilities of nations, even when it is desired ta censure official acts, the practices of Governments, and the laws and in¬ stitutions which rule them. Very seldom are insults and diatribes hurled at a nationality save in writings which assume the form and character of libels. Guatemala has been the object of an exception to this accepted rule, unless the detractors are to be considered as excepted from that circle subject to good behavior, and the obligation to observe considerations, discretion, and prudence. All, or nearly all, the invectives which a cer¬ tain writer, as violent as he is unjust, published in the pamphlet entitled, jVo vayais d Mexico (Go ye not to Mexico), have been addressed by some Mexican newspajiers to Guatemala, alleging false wrongs and imag¬ inary injuries with an ill-humor which because of its captiousness does not wound, and a vanity which because of its excessive impertinence does 39 not humiliate. The magisterial tone employed by those papers would be improper and stupid, even were it aimed by an insuperable wisdom against an organic and stubborn littleness. Leaving those frivolous recriminations to one side, we will limit our¬ selves to the two papers in which we have seen the question treated, even though they do it with all the warmth and partiality of one who is dis¬ posed to deny whatever does not conform to his prejudices. El Nacional prints one of Mr. Rock’s maps changed and added to by Sehor Garcia Cubas for the pmqDOse of including the camps in a district which he asserts Guatemala invaded. It shows neither longitudes nor latitudes, doubtless because they matter little for the locating of the places. It then explains the antecedents, gives no weight to the fact of the exercise of jurisdiction, accuses Mr. Rock, and without mentioning the clauses of the treaty excejDt in so far as Mexico is interested, jumps over the right of possession, and says it ought not to be considered when the method for tracing the boundary is once agreed on. The foregoing mat¬ ters are treated arbitrarily, there being in truth nothing worthy of con¬ tradiction save the error of supposing that the obligation of 1882 in¬ curred an immediate transfer and instant abandonment of the territories which, after belonging to Guatemala, would pass to the jurisdiction of Mexico. The duty to transfer will be carried out in time, and not at the moment of assuming the obligation, as it was thus agreed upon, and no assertions, which are unsupported (save by the wish of those who are en¬ deavoring at every cost to alter compacts and distort facts), can prevail against the express text. The long exposition of El Tiempo, and the war-like summons which serves as its ejDilogue, might be termed a call “ to arms.” Events are re¬ hearsed uttering or suppressing notes as best subserves its interest. A consi^iracy between Guatemala and Mr. Blaine is spoken of, and either through error or design the meaning of the negotiations is distorted, until the treaty of 1882 is reached, in which it cannot but admit that Mexico obtained advantages. El Tiempo explains in its own way the incident of the extension of the Santiago-Chixoj^ parallel, and deliberately confuses terms, for it is in¬ comprehensible that it ignores what are the branches of a river and what is its deepest course, or channel, or part. And besides, the treaty does not speak of branches, neither does it mention the Pasicin rivei-, nor do the citations El Tiempo makes tend to prove anything but the opposite of what it intends. But it is the belief of El Tiempo that the claim, prin¬ cipal object of the dispute, is abandoned by Mexico, although in rather inexplict terms, as may be inferred from these lines: “It is not many days since the ministerial press of this city said that Mexico had aban¬ doned her claims to the Chixoy and Pasi(3n district, for reasons of equity towards Guatemala.” The Minister, Senor Mariscal, receives some censure in the article for real or supposed vacillations. But if it were actuated by a spirit of justice, it would have censured the whole course that Mexico has been pursuing since 1882. The bases of the 12th of August established as a necessary principle, that the demarcation should be determined by the line of the territory possessed by both States, and should another be estab¬ lished, either through the following of natural boundaries or otherwise, there should be mutual compensations. That is to say, that neither party should lose territory. Boundaries are established in the treaty through which Guatemala loses thousands of miles, and, if withal, in order to conclude the matter at once. 40 these subtractions and diminutions were passed over, it was incumbent on the party benefited—not so much in need of space as of population to profit by it—to give a return, investigatiug where and how the compensa¬ tion and exchange should be offered. That was the right thing, and that would have been counselled by a press anxious to do justice, yet instead of repressing covetous tendencies, it supports and encourages them, and rejects every idea of duty and clamors for an increase of property and rights, even though to obtain them recourse must be had to any kind of artifices and of interpretations. On the subject of lumber camps El Tiempo again goes over the same ground without adding proofs or reasons : The invading by Guatemala of lands positively unknown to the invaded; of lands where political commissioners and alcaldes of Guatemala resided, and where almost all the exploiters of forests work or had worked by permission of Guatemalan authorities. The law laid down ex cathedra, El Tiempo proclaims war against Gua¬ temala, as disturber of the isthmus and the frontier. It proclaims war in the name of Mexico, which, considering her peaceful traditions, is, doubtless, scandalized at our passing disturbances and our brief discords. It compares the condition of Guatemala with that of Paraguay in 1866, as it might have compared it with the condition of Holland or of Taranto, and says that it will not be the first case that has arisen of a struggle in which the strength of the belligerents is disproportionate. “ There is,” it adds, “ the war of Algiers in 1830; that of Austria and Prussia against Denmark over the duchies of the Elba; that of Chile against Bolivia.” But apart from boastings—empty ever and foolish when inopportune, and unnecessary when reason and conviction exist—the Algerian war, even before 1830, was a French war of conquest; that of the duchies was an intervention provoked by the pressing of a right in favor of the said duchies; that of Chile with Peru and Bolivia did not reveal dispropor¬ tions save in the outcome. The newspapers of Mexico, which by their false teachings have distorted public opinion, have not been able to give, nor at the bottom give, but one single reason—“ that of being stronger ; ” that of being able to im¬ pose their judgment and make pretensions, clearly and evidently unjust, prevail. Strength:—there is the principal argument. But theory is dangerous for every one. In 1876 many newspapers in the South of the United States urged the annexation of Mexico to the American Confederation, and there are factions who do not abandon the gulf, nor the expectation of a considerable dominion to the south. In 1871, the incorporation of Holland with the new German Empire was desired, and on a hundred oc¬ casions the union of Belgium with France. In former times the plan would have assumed greater proportions. Nowadays something more than the wish is necessary. Countries live also by law. Civilization has something to say to the will. Omnipotencies do not exist; for even for the strongest there is a pitfall, an obstacle, a risk. To every one there comes a day for rejoicing, but another for sorrow¬ ing; and to him who has been just, there remains under adversity the loftiness of his dignity to shield him against misfortune. Not because we are small or great, but for love of the discreet, the up¬ right, and the exemplary, have we seen, with an ardor which consoles us for so many absurdities committed in full civilization, how Prance gave way to the rights of hospitable Switzerland, and victorious Germany gave guarantees to Holland, and the Iron Chancellor, proud of the victory. 41 at the head of fifty millions of men, withdrew, because a brave people would not abandon a few rocks in Oceanica. Civilization, we thought, is not a word ; it is a dictate ; it is a law, which although not universally obeyed, has its influence in the actions of countries and governments. To hear proclaimed in an American newspaper the necessity of blood to determine points of law, produces in us a feeling of sorrow for the com¬ mon interests and the common necessities. And if, when others have lost confidence and circumspection, a word could be uttered, we should say to them that, reserving untimely ferocity for possible cases, we ought all (the boastful and the silent) to learn the solid ways of progress, and turn well-dii-ected efforts towards liberty and science, without illy using time in bravado, and the dictionary in vulgar blatter. XIV. Recapitulation. It being advantageous to compromise and settle the boundary dispute between Mexico and Guatemala, the National Assembly, in April, 1882, gave General Don Justo Rufino Barrios, President of the Republic, the most ample powers to make the arrangement with the Government or the representatives of the United Mexican States. On August 12, of the same year, the bases upon which a treaty should rest to terminate the pending difficulties and establish the boundary line were signed in New York. The principal point as regards Mexico was the renouncing or abandoning by Guatemala of her rights to Chiapas and Soconusco, provinces of the former Captain-Generalcy, and the necessary points were declared to be, the principle of arbitration in the event of any differences arising not settled by agreement of the parties ; the obligation that in the survey possession should serve as the rule, or to give mutual compensations, if for admissible reasons that rule were changed ; and the obligation to respect what each contracting party then possessed until the boundary line should be located. The basis of a treaty or of any obligation whatsoever is the principal foundation or support upon which the obligation or treaty is to rest, and the parties should not and cannot withdraw from it, unless they so declare expressly in a competent manner; so that, although the subsequent act, which details and establishes all the conditions of the arrangement, may omit some one of the essential covenants in the bases, the couenant must be considered as in force, whether it imposes obligations or recognizes rights. The bases and the treaty constitute one body, and it is under¬ stood that they complete each other, save in the case of explicit and cate¬ goric waiver. There would not be, were this not so, any reason to trouble oneself to lay down conditions, if in the act which succeeds or follows they are abandoned ; nor would there be logic in a treaty that departed from the source whence it originated. In such cases the treaty is noth¬ ing but the development and shaping of the rules first laid down. The bases of August, 1882, are the foundations laid for the treaty of the 27th of September of the same year. The treaty does not speak of any of the essential points of the bases, such as arbitration and mutual compensations ; it records the renouncing of Guatemala’s rights to Chiapas and Soconusco, and recognizes the au¬ thority to retain what was possessed, until the legal requisites are ful¬ filled. But this omission does not inply a denial of what was agreed 42 and determined on as forming the subject of the transaction. In case of disagreement one of the parties could not decide, nor could the decision of a strictly legal point be left to the chances of war. It has been said that on discussing the treaty the Mexican Foreign Minister refused to carry out the obligation to invite the President of the United States to act as umpire or arb^itrator should disagreement occur; but the principle of arbitration and the rule and basis in its essential aspect was not there¬ by denied. And, nevertheless, there is no moral authority better fitted than that of the United States to decide as an arbitrator a question of right, and to secure harmony between American countries, since it has so often watched over the common interests and the common security. It could not be feared of the great Re]3ublic of the North, constituted as a court, that jealousy or hopes would incline it to partiality or injustice. The skill and pru¬ dence with which it has acted in similar cases is a guaranty in favor of right, which the parties should aspire to if actuated by good faith and the desire for what is just. The obligation to arbitrate was tacitly established in the treaty, as a consequence of the bases, and with greater reason was that of mutual compensations. The third article of the treaty, by virtue of the authority of the fifth article of the bases, establishes the boundaries along a line which is not that of the then possession; therefore the duty to compen¬ sate is non-evadable, and is a necessary consequence. Supposing that in the treaty of September 27 no mention had been made of the renouncing of the rights over Chiapas and Soconusco, they would still be considered as renounced, because the condition of the final treaty was the aggregate of the bases which were to serve as the essence of the boundary compact. The bases and treaty are not two documents which repel one another; on the contrary, they permeate and perfect each other. A very grave error was fallen into, growing out of the selection of a point, undoubtedly not well known, and which was supposed to be in a different geographical locality. Au, in his first delineation, and with him others, located Ixbul hill at a higher latitude. That hill, which has gained importance since, had none in 1882. Under a mistaken impression, a parallel was established which, starting four kilometers beyond the summit of Ixbul hill, should cross the the Usumacinta river, or, if this was not encountered, the Chixoy. Au located the said hill at sixteen degrees and thirty-four or thirty-five minutes north latitude, while its true position was at sixteen degrees; and at longitude ninety-two degrees fourteen minutes, Greenwich me¬ ridian, when it is at ninety-one degrees forty minutes. On studying the points well, a grievous fact is discovered: giving value to names, against every rational presumption that it was intended to express the idea of a considerable grant, the Ixbul hill appears as the beginning of the parallel, instead of Santiago, a place four kilometers in advance. Gua¬ temala lost in latitude from thirty-four to thirty-five miles, and the same in longitude. Were Ixbul where it was supposed to be, a parallel starting therefrom would strike the Usumacinta, and, although there would be a slight error of a few minutes, the Chixoy, because the Usumacinta is formed by the confluence of the Chixoy and the Pasibn rivers near the sixteenth-and-a- half degree, and consequently lower in latitude than the line of the place where it ought to have been supposed Ixbul hill was. In case the location of Ixbul hill had been known then, as it is now, there was no necessity for naming the Usumacinta, which it is impossible 43 to find on a parallel thirty minutes below the head of the river. It had to cross the Chixoy, and the damage would be consummated. Nevertheless, it became necessary not to raise obstacles to prevent other alterations and complaints. Guatemala would lose an extensive district west of the Chixoy, in the angle formed by that river and the Santiago parallel. But no suspicion could exist that more would be claimed, nor did Guatemala think in what places it would be jDossible to compensate such losses. All the basin of the Lacantum, with the forests of the nu¬ merous affluents, would pass into the possession of Mexico on the tracing of the boundary line, according to the cou.i8S agreed on. A short time was given the engineers, and extension after extension was agreed upon, it being resolved that as the sections were surveyed the jurisdiction of the party in whom the ownership should vest should be established in each. This was done in the section from the Suchiate river to Santiago. The commissions worked in harmony. But about the middle of the year 1885 the Mexican commission suspended its work, and in 1887 the engineer Don Jose Tamborrel appeared in order to in¬ vestigate whether the Santiago-Chixoy parallel would meet the Pasifin river, which it pleased him to baptize the IJsumacinta ; and it was alleged that the former was its deepest channel. That is to say, that neither renunciation of rights nor cessions of territory sufficing, it became neces¬ sary to obtain another hundred square leagues, and reach out towards the west, like an arm placed in the middle of the Republic, almost to the Belize frontier. The incident being taken up, the Government of Mexico could not sus¬ tain its contention, and, evading the issue, it was thought to have desisted ; but it soon brought it up again, advancing no other reasons than those given by Sehor Tamborrel in 1887. Later recourse was had to changing terms, by calling branches what are not branches, either in geography or grammar, and to other sophisms of no better stamp, disproven by all the evidences of tradition, language, and nature. Even in the official map of Mexico, of 1890, the authors who changed names could not upset longi¬ tudes nor suppress distances. Wrong or right, Guatemala has admitted what was covenanted in 1882 to be res judicata. She recognizes the boundaries drawn and wishes to con¬ clude. All to the west of the lines previously established will go to Mexico, reserving only the right of retaining the possession, in accordance with the compacts, until the lines are finally determined. To put an end to these details we have the indolence or the opposition of the Mexican commis¬ sioners, who neither appeared to erect the landmarks beyond Santiago, nor consented that they should be located by the engineers of Guatemala on the line jointly surveyed, and in the meanwhile the subject of the ex¬ tension of the Santiago-Chixoy parallel again springs up, when it was thought to be ended. It is laid aside, surveying and tracing go on, hardly are a few details wanting, when once more the unfounded preten¬ sion bobs up as though a protest against any final disentanglement. To justify delays, blaming the other party is a worn-out expedient; but, worn out or not, it is employed, feigning the necessity of more or less de¬ lays in the replies, and more or less formalities in details of slight signifi¬ cance alongside the principal question. In one thought Mexico endeavors to extend her rights of property; in another, later on, she raises a controversy regarding the possession which she covenanted to reserve temporarily. It is fifteen years since the Gov¬ ernment of Guatemala authorized the Mexican firm of Jamet and Sastre to take out timber from the districts which it is said are invaded by Gua- 44 temalan authority. Miguel Torruco and many others cut for that firm, without protest from it, nor from Mexico, nor from anybody. The con- ti’act with the house of Jamet and Sastre ending, the unauthorized felling is ordered to be stopped, and some who see profits in the work surmise that they can avail themselves of Mexico to their personal advantage. Mexico had no possible pretext, nor written testimony, nor use, nor ju¬ risdiction, nor precedents. Neither her authorities nor her engineers give any reason for anything. The Giovernor of Tenosique goes up the Lacan- tum like a fugitive, he knows that a commission from Guatemala is com¬ ing, and he departs, allowing it to perform its work and its duty for two months. Of the engineers arriving there some have no certainty of any¬ thing, and others maintain silence, feigning instructions. Witnesses, maps, the exercise of jurisdiction, everything bears out that Guatemala has always possessed the region on the banks of the Lacantum river, and neither the Mexican Government, nor the press, nor the authorities adduce a single argument of weight to give rise to a formal discussion. Guatemalan authority, in the exercise of its rights, has the cutting sus¬ pended, dismantles unauthorized camps, and then comes the talk of inva¬ sion, and complaints are lodged as though treating of a territory subject in fact and in law to Mexico. Proofs, none. Through lack of these it is ex¬ pected that Guatemala shall now give up the possession of what will later on belong to Mexico in fee. But it was covenanted that the possession which existed in 1882 should continue until the boundary line should be located; and one of two things: either it should have been delivered over at that date, as a whole, without surveys or formalities, or while awaiting necessary formalities, the jjossessor’s strict duty is to cause the posses¬ sion to be respected. It would be more than strange—inconceivable— that when a nation (Mexico) has bound herself to respect what is possessed by Guatemala, four or six private individuals may violate the jDOSsession with impunity, and laugh at the rights of the Republic. Before tolerating that it were j^referable to renounce the possession as a whole, from a sup¬ posed line, although Mexico may go on claiming new regions and seeking river channels through the whole Republic, to adjust them to gratuitous and sophistical interpretations of the treaty of 1882. It is said, and on this stress is laid, that some timber-cutters obtained permission from Mexican authorities to exploit forests. They may have granted it, but they did so without right. Had they the right, fifteen years ago the first cutters, some of whom were Mexicans, would have re¬ quested permission of them. Just as Guatemala has had officials there, Mexico would have at least planned to send some of hers, and she did not attempt it, nor did she notice the matter of the camps until a more influ¬ ential ambition has moved her to create doubts where they never existed. What the Government of Mexico has called an invasion of its territory, is simply an exercise, recognized from time immemorial, of Guatemalan jurisdiction, and in one way or another acknowledged by the Mexican Government. Of an entirely different character is the invasion of terri¬ tory of Guatemala in months passed. We have said that by agreement of the parties, on the completion of the tracing of the boundary line in each section, and the erecting of the monuments or landmarks, the proper exchanges would be made and the proper authority established. In 1884 the survey as far as Santiago was completed, the exchanges were made with all due formality, and Guate¬ mala entered into possession of an insignificant region, part of the beg¬ garly compensation to which up to the present she is entitled in ex¬ change for enormous losses. The town of Ayutla is included in said re- 45 gion, and it became in fact and in law a part of the Republic. In No¬ vember last a party of armed men, of Mexican nationality, crossed the frontier, entered Ayutla, extracted the image of the tutelary saint of the church, with all the jewels, and transferred it to the house of Calixto Farfcin, in Mexican territory. And neither has what was stolen been re¬ turned, nor has satisfaction been given for the complaint presented by the Mmister of Guatemala. This was a positive invasion of territory of undoubted ownership, as have been invasions those of Miguel Torruco, Policarpo Valenzuela, the house of Romano & Co., and of all who have cut and felled forest trees of which they could not dispose without author¬ ity of the Government of Guatemala or its officers, and in the present use of which forests no Mexican authority may interfere, until the j)osses- sion of what is to belong to Mexico according to the treaty is transferred with due formalities. As regards delays and procrastination, the fault at the bottom does not proceed from Guatemala. Yielding to the treaty, she has not proposed nor does she propose to turn back, but neither can she go on acceding to unjustifiable demands and vicious interpretations to the prejudice of rights against which there is, at best, but one reason advanced; the rea¬ son that Mexico, being stronger, all paths are open to her, including that of making injustice prevail. We do not know if even those Mexicans who wish to see things without the desire to distort them, will need to have more proofs ad¬ duced regarding the possession by Guatemala of the districts west of the Chixoy river. Should they need them, let them examine all the traditions of their country in search of some ground to defend their right, let them consult all the maps, examine all the inhabitants of the Lacantum basin, see if there is an antecedent in the Mexican frontier departments which does not uphold Guatemala, and then ask themselves how Mexico could have enjoyed or exercised rights in territories which neither her authori¬ ties nor her engineers knew, while Guatemala had alcaldes and officials there, and authorized cuttings and exacted duties. Mexico had not even given this a thought until some timber-cutters came with the design of investigating how, with the aid of their country, they could succeed in ex¬ acting scandalous indemnities for the insult of having invaded foreign territory. Two or three trees had been cut for account of Romano & Co., by their agent, Cfirdoba Manzanillo, according to his own declaration, and undoubtedly he will demand a big indemnity. Aside from the fact that the district between the Chixoy and the Pa- sidn rivers in no wise entered into the agreements of 1882, and that it is as foreign to the treaties as the basin of the Michatoya or the La Paz river, it is only necessary to examine a map to understand the rational and moral impossibility of a country covenanting to be broken in pieces by the incrustation of territory of another, almost across the entire width of the nation. Never, since people first laid out their frontiers, has a similar ex abrupto been seen. Let Mexico subject herself to what she contracted and covenanted, with¬ out transcending the letter and spirit of the treaties, and upon abandoning her pretensions to new j^i'operties, and respecting the right of j)ossession until it is legally transferred to her, and the delays and entanglements of which she complains will cease, that Republic being in reality the one which promotes and keeps them alive. The art of instituting actions for slight causes, while a deliberate interest gives the positive origin to dis¬ turbances and creates the difficulties we appear to censure, is well known. 46 The method may, perhaps, surprise those who do not reflect, but not such as examine the question and discover on which side justice lies. The most excitable press of Mexico, after a few arbitrary sketches, only presents one plausible argument: “ that of being stronger.” In ex¬ change, Guatemala has another of greater weight in the eye of truth and law—that of right, as clear and indisputable as the most unquestioned and exact theorem. And in the treaties the number of muskets each country counted on was not discussed, but what rights attached to each, and what course should be pursued to establish these rights in a formal and decisive manner. NOTE; It is seen that the straight lines >^ hich unite the frontier points recognized and respected until t S»)4 by both nations, (which points arc the San¬ tiago Vertex [near Ticrra Blanca], the mouth of Vaxchilan creek in the river Usumacinta, the Hill of the Crosses in the Sacluc-Tenosique Rv-^d. the Rapids of Mactun in the river San I'cdro Martir and the boundary mark of Thubu- sti), all remain quite far within all the old lines of the various authorities, including those of a!) the Mcxic;.n maps. The operations of Romano, Torruco, Valen¬ zuela. tile Mexican official engineers, and the Governor of Tenosique with his armed force, were unlawful, threatening the territorial integrity and \iolatiag the sovereignty of Guatemala; by ha\’ing crossed the frontier that is legal and in force, whether it is the one show'n by Rock, or by any other engineer or author, notably the old line as represented in 1882 by Cubas and Fernwi'oz, the Mexican official engineers, and even th • new line of the treaty as falsely repre¬ sented by the same Cabas in the Mexican official map of 1890; by cutting precious woods wnlhin the *ori prohibited by law; by cutting them without license from any Guatemalan authority and hid enly; by taking possession of lands for which jtiie Jamet House had already paid the Governi ent of Guatemala, and in lands where various Mexican and other concessionaries have paid Uctisc fees to Guatemala to cut precious woods daring more than twenty years past, and in territ w’here Mexico has never questioned the jurif liction of Guatemala until now. M yV r* a/ thf bcundaty lints al varimis tfoths between Guatemala anti Afexieo, projected by Guatemala Commission, of the Boundary with Mexico, Guatemala City, January is, t 895 Ih/ores. Ta nr/tt\ ^rinrn iinrn/tt r \San 1,1111 't PturnA liiifii Jose lU’Surrerctot 0 ■r/kfU TrfsC7uLrnji\\ Mifft/el 0 / hi/on- /as Cruises inAioIicdM. yiurrs liiiiiu'oni^ i^l'onteluL '. 'v Sun Jose HeaJo ^ >eu(jui ^J/alore:> .1 -I-_ j •‘JsnhJirntto I 1 \SiiiiUt Ana -®‘-. ifunter .tpayar /li/Utlf" Sar/lpfJiA Oct/rintfo Xaifi/ Sacluc a J.a Lil>erta)t^- ^ - '»('hipfic Jit/muKenJ PnrtileLo ci d: Cahullero /8 /J 'rro IjcAul^Auj "hts-Vaciojies *\>nntet Host/ Je In {PasoMral ■San /.Orrmi O San frisjo/utl ■ San I'erfro ^SfiitJi/itn ^ J,a Torft ti J'etr.fy fibiiriL- xtlaSuiierres o S'ilta \yhtislu\ \)fj/ov)'A nos SartJoiJ^fitTi fatso Hi ou on J 1 ^Jfartjt/rrfas Ofanii'lurL Sfutyltdou^ '.Knit Pi 1} Xenton Au \£/ Can k 'auttaSaJaliet Aii\ (ouconlnt Sa/i/tt K/r 'ri'rrra /i/ittn'n. o Tifun/ti iaAintf/ai:. CniftnttL fariti ' vntsts <>Canlpttmitr- .imon Uf \ulSis ^Ornipt’rnnc ffa pjt/vsf/f fjrrtn'i/sii- Dio: ^fhisPc ' Daftta littn SoTtio Tomas l inuh 'iiOliijO .In {o(!liuin/^‘k Au OJfue/iue/e.rhjTii Jfii/’.lueif’nL // I qI\iiUI,IIi1 Si)hsen'o/un \ .//• tie 7'nrAi^Ji de Tulguiou- ^Zurapu P An niail Santij Cru % pi'h'. TafjarhuL'C'Xi^ Detjilliuferp' .lineaAnDf AmatLtlaTP Aliscuirmltt O A u)y ('hcunperieo Uapa. .Cupf-ATuak / Thnt^/ EXPLANATIONS: The data along the frontier line are tliosc obtained bj^the Boundarj' Commission of Guatemala; those of the adjacent Mexican States, from the Mexican official map of iSpaby Antonio Garcia Cubas; those of Guatemala beyond Ithe boundary are from the map of Guatem?Ja, by Tbeop rc Paschke of 1889 ; the data shown in red ink are from thelfr ^p of Herman Au of 1875, thus clearly showing its erront*-« and imaginary character; those of the old lines are taken fr m the maps of their respective names. ' ^ -ft Are the places astronomically determined by the obser a- tions of Miles Rock in the years 1883 to 1889. The precis n of the locations is that shown by probable errors of two to forty-five metres. ^ New line of the Treaty of 1882 agreed to in 1884 and in force to the Santiago Vertex, The dots indicate the me a- ments already constructed. New line ahead of the Santiago Vertex by way of the rivers Chixoy and Usumacinta, according to'the terms of the ^ Treaty, but not agreed to yet, nor proclaimed, nor in force. The open dots represent places for proposed monuments. - 4—-f- The line formed by joining with straight lines the poiits recognized and respected as the old frontier and in force until now. I ■-New line of the Treaty according to a wrong interpretston tl by Mexico since 1887. represented in its true place. ’ 1 ^ - I7-The same misrepresented in the “General Chart ot the Mexican Republic,” by Antonio Garcia Cubas, 1889. The same again as it is misrepresented in another way -f in the official map of the Ministry of Public Works of Mexico in 1890. ^ ^ ^ Old boundary between Guatemala and Mexico before their Independence in 1821. ———— The same according to the map of Au, 1875, including the parallel of Caballero, 1811. •' The same according to Arrowsmith, 1826, and Maestre, 1832. -The same according to Sonnenstem, 1859. +The same according to Gavarrete and Prieto (1880?). ■ The same according to Cubas and Fernandez, 1882. Thp same according to Rockstroh, 1887. . _ •^The boundaries between the neighboring States. Afofoin'ntlAAfi ^ I 4 , \ \ M'/ I(„rstrf /S 32 ---L—7^ ,, Jiotoci nbljif □ Collin Bioni’ont.^ \p%'{'infynpaii Q An^ 'j opi^^iu/le riiijnlh \ O Au Chi'ifiiinin-lit MAP TERRITORY OF GUATEMALA violated and unlawfully occupied by:— Romano and Company and official Engineers of the Government of Mexico in 1894. Miguel Torruco in 1892, and after expulsion, ^ again in 1894. ^ Policarpo Valenzuela in 1893 and 1894. 'Ok Territory of which Mexico took unlawful ^ possession in 1889. _ Guatemalan territory, a thousand square miles, i which Mexico claims since 1887 by a wrong interpretation of the Treaty of 1882, and which was unlawfully invaded by the Mexican Boundary Commission in 1S88. Territory of Guatemala invaded by the Gov¬ ernor of Tenosique with an armed force in May, 1894. O An,' o 1 7/ rm npo ^ClLCi 7'EAL SJ^ Republic of QuATEriALA, the adjacent Mexican States of CHIAPAS, TABASCO, CAMPEACHY and YUCATAN and BRITISH HONDURAS or BELIZE; projected to show the frontier line in force between GUATEMALA and MEXICO, the same being the New Line of the Treaty of 1882 from the Pacific Coast to the Santiago Verte< according to the agreements of May and June, 1884; and beyond tht Santiago Vertex there still remains in force the old line, whichever it ni. y be, for want of a legaj agreement upon the corresponding new line of the Treaty caused by Mexico refusing to accept the whole line as defcned by the Treaty. This map also showi'various old boundary Unes between the two K.epublics-rn their several! Us by their respective authors of maps and official engineers, thus pro! ^g. that not only the territory that Mexico is at present claiming belongs to Guatemala, but also as much more besides, by all the lines shown, equally by those of Mexican authors as by those of Guatemala. Fscala es. I ^ Af66'6'lj6'^ Kilor/f f fros Tf y-- ■^popie^ AfiUciS de S. A H MUELLER. LITM. PHUA PA ) i