OCR Text |
Show -70- must result from the terms of Article VII, of the Treaty of Guadaloupe Hidalgo, and must rest upon these words: The river Gila and the part of the Rio Bravo del Norte lying below the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two Republics, the navigation of the Gila, and the Bravo below said boundary, shall be free and common to the citizens of both countries, and neither shall, without the consent of the other, construct, any work that may impede or interrupt, in whole or in part, the exercise of this right, not even for the purpose of favoring new methods of navigation. (Italics are mine). But the provisions just quoted were abrogated and annulled by Article IV of the subsequent treaty, in the following language: The provisions of the 6th and 7th articles of the treaty of Guadaloupe Hidalgo, having been rendered nugatory for the most part by the cession of territory, granted in the first article of this treaty, the said articles are hereby abrogated and annulled and the provisions as herein expressed substituted therefore. (Italics are mine.) Then come the provisions as substituted, which are as follows: The vessels and citizens of the United States shall in all time have free and uninterrupted passage through the Gulf of California to and from their possessions situated north of the Boundary line of the two countries, it being understood that this passage is to be by navigating the Gulf of California and the river Colorado and not by land without the consent of the Mexican Government, and precisely the same provisions, stipulations and restrictions in all respects are hereby agreed upon and adopted and shall be scrupulously observed and |
Source |
Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |