"* * * If the change at El Chamizal has not been 'slow and gradual' by

erosion and deposit within the meaning of Article I of the treaty of

1884, there will never be such a one found in all the 800 miles where

the Rio Grande, with alluvial banks, constitutes the boundary, and

the object of the treaty will be lost to both governments, as it will

be meaningless and useless, and the boundary will perforce be through

all these 800 miles continuously that laid down in 1852, having

literally no points in common with the present river save in its many

hundred intersections with the river, and to restore and establish

this boundary will be the incessant work of large parties for years,

entailing hundreds of thousands of dollars in expense to each

government and uniformly dividing the lands between the nations and

individual owners, that are now, under the suppositions that for the

past forty years the changes have been gradual, and the river accepted

generally as the boundary, under the same authority and ownership;

for it must be remembered that the river in the alluvial lands, which

constitutes 800 miles, has nowhere today the same location it had in

1853."

Commissioner Osorno and I disagreed on the proper construction

of the words "slow and gradual, erosion and deposit of alluvium"

rather than on matters of fact. No decision could be rendered and

the disagreement was reported to our governments, where the matter

remained in a diplomatic state until 1910, when it was again referred

to the Commission, enlarged for this case only by the appointment of a

(presiding) commissioner, a Canadian jurist, to be selected by the two

governments. The case was again brought to trial in El Paso in 1911,

with the Commission constituted as follows:

Hon. Eugene Lafleur, of Montreal, Canada, Presiding Commissioner.

On the part of Mexico--

F. Beltran y Puga, Commissioner.

E. Zayas, Consulting Engineer.

M. M. Velarde, Secretary.

On the part of the United States--

Anson Mills, Commissioner.

W. W. Follett, Consulting Engineer.

Wilbur Keblinger, Secretary.

The two governments were represented as follows:

On the part of Mexico--

Señor Joaquin de Casasus, Agent.

W. J. White. K. C., of Montreal, Canada, Counsel.

Seymour Thurmond, of El Paso, Associate Counsel.

On the part of the United States--

William C. Dennis, Agent.

Walter B. Grant, of Boston, Mass., Counsel.

Richard F. Burges, of El Paso, Associate Counsel.

[Illustration: WILLIAM C. DENNIS.

RICHARD F. BURGES.]

[Illustration: CHAMIZAL ARBITRATION COMMISSION.

BURGES, DENNIS, GRANT, MILLS, LA FLEUR, PUGA, WHITE, CASASUS,

THURMOND.]

In the second trial, Mexico advanced a wholly different theory from

that developed in the diplomatic discussions between the first and

second trials. Mexico now maintained that the boundary treaties

of 1848 and 1853 had laid down a "fixed line" between the two

countries in the centers of the channel of the river as surveyed at

that time by Commissioners Emory and Salazar, which boundary line

remained immutable irrespective of any subsequent change in the course

of the river, whether erosive or avulsive, until this was changed for

the future by the treaty of 1884. Mexico contended this latter treaty

was not retroactive but applied only to river changes taking place

after 1884.

Driven to concede that in this view the treaty of 1884 had really

no meaning, Mexico insisted the two governments were under a

misapprehension when this treaty was negotiated, that it was

inoperative and that the general rules of international law governing

river boundaries had no application because the Rio Grande was in a

technically legal sense not a river at all, but merely an intermittent

torrential stream.

The United States denied that the boundary treaties of 1848 and

1853 established a fixed line, and contended the treaty of 1884

was retroactive in any event, and applied to the Chamizal dispute,

and that this treaty was merely declaratory of the general rule of

international law. Furthermore, the United States claimed the Chamizal

tract by prescription.

The case was argued during sessions of the Commission extending

over a month. The presiding Commissioner, Mr. Lafleur, rendered an

opinion holding squarely against the Mexican contentions with respect

to a fixed line and the non-retroactivity and non-applicability of

the treaty of 1884. His discussion of these subjects is detailed

and masterly. After holding against the American claim based

on prescription, he appeared to assume that the treaty of 1884

contemplated some _tertium quid_ aside from erosion and avulsion,

which might perhaps be called "violent" erosion and which had the same

effect as an avulsive change, namely, to leave the boundary line in

the abandoned bed of the river. Applying this latter doctrine he found

the erosion at the Chamizal tract from 1852 to 1864 had been gradual

within the meaning of the treaty of 1884, and therefore the boundary

during this period had followed the river, but that the floods of

1863 brought about a violent erosion, whereby the boundary line was

left in the middle of the bed of the river "as it existed before the

flood of 1863." He therefore awarded that portion of the tract between

the channel of 1852 and the channel of 1864 before the flood, to the

United States, and the remainder to Mexico.

The Mexican Commissioner filed a separate opinion dissenting from

that part of Mr. Lafleur's opinion relating to the fixed line and

the retroactivity and applicability of the treaty of 1884. Overruled

on these points, Mr. Puga felt himself justified in joining with the

Presiding Commissioner in construing the treaty of 1884 and therefore

united in the award dividing the Chamizal tract between the two

countries along the line of the river bed as it existed before the

flood of 1864.

I filed an opinion dissenting from that portion of the Presiding

Commissioner's opinion construing the treaty of 1884. I held the

Commission was not empowered by the two governments to divide the

Chamizal tract but was called upon to render a clean-cut decision in

favor of one or the other government. I recorded my conviction that

it would be "as impossible to locate the channel of the Rio Grande in

the Chamizal tract in 1864 as to re-locate the Garden of Eden or the

lost continent of Atlantis." And finally I pointed out, as I had in

1896, the impossible situation which would arise if any attempt were

made to apply the principles of the majority opinion in other cases,

concluding as follows:

"The American Commissioner does not believe that it is given to

human understanding to measure for any practical use when erosion

ceases to be slow and gradual and becomes sudden and violent, but if

this difficulty could be surmounted, the practical application of

the interpretation could not be viewed in any other light than as

calamitous to both nations. Because, as is manifest from the record

in this case, all the land on both sides of the river from the Bosque

de Cordoba, which adjoins the Chamizal tract, to the Gulf of Mexico

(excepting the canyon region), has been traversed by the river since

1852 in its unending lateral movement, and the mass, if not all of

that land, is the product of similar erosion to that which occurred at

El Chamizal, and by the new interpretation which is now placed upon

the Convention of 1884 by the majority of this Commission, not only is

the entire boundary thrown into well-nigh inextricable confusion, but

the very treaty itself is subjected to an interpretation that makes

its application impossible in practice in all cases where an erosive

movement is in question.

"The Convention of 1910 sets forth that the United States and Mexico,

'desiring to terminate * * * the differences which have arisen between

the two countries,' have determined to refer these differences to this

Commission enlarged for this purpose. The present decision terminates

nothing; settles nothing. It is simply an invitation for international

litigation. It breathes the spirit of unconscious but nevertheless

unauthorized compromise rather than of judicial determination."

Of course, I dissented from the award. When the award and the opinions

of the three Commissioners were presented at the final session of

the Commission, the United States agent made a formal protest on

substantially the same grounds I had taken. My dissenting opinion and

the protest of the American agent were sustained by the Department of

State and the United States has declined to admit the validity of the

award. The whole matter has therefore become the subject of diplomatic

negotiations, which it is believed are progressing satisfactorily.

It is as much to the interest of Mexico as of the United States to

reach an arrangement whereby the Chamizal tract divided from Mexico by

the channel of the Rio Grande as it now runs, shall be definitively

admitted to be American territory, because it forms an integral part

of El Paso, upon which thousands of citizens have their homes.

During my service as Commissioner, Mexico was represented by four

Commissioners: Mr. Canalizo, whose death has already been noted; Mr.

Osorno, who participated in the first trial of the Chamizal case,

and who subsequently resigned; Mr. Jacobo Blanco, who died after

serving seven years, and Mr. Fernando Beltran y Puga, who sat at the

second trial of the Chamizal case and remained with the Commission

until our activity was suspended and he removed from office by the

Madero government, leaving me the sole survivor of the four Mexican

Commissioners.

These gentlemen were all equal in legal and judicial attainments to

similar officials of our own government. They sought always to attain

righteous decisions, and I think succeeded in the many cases that came

before us.

Of my associates on the American section of the Commission, Messrs.

J. A. Happer and Wilbur Keblinger, Secretaries, and P. D. Cunningham

and W. W. Follett, Consulting Engineers, deserve special mention.

Mr. Cunningham unfortunately lost his life in the service of the

Commission through the overturning of his boat in the rapids of the

Rio Grande near Eagle Pass in July, 1901. Messrs. Happer, Keblinger

and Follett rendered invaluable service during many years, Mr. Follett

in spite of a painful illness which would have incapacitated most men

for work. Mr. Happer resigned to go into business in El Paso, where he

has become a leading citizen. Mr. Follett died shortly after retiring

from the Commission. Mr. Keblinger is serving with distinction as

United States Consul at Malta.

Our proceedings were published in both languages, and the evidence,

maps, plans and monuments were explained not only in scientific but in

popular language, so that officials, surveyors, lawyers and judges of

each country could readily understand the location of the boundary.

(See Volumes 1 and 2, Proceedings Boundary Commission, Treaties of

1884 and 1889, and Equitable Distribution of the Waters of the Rio

Grande, Roma to the Gulf, reports and maps, and many other reports on

the same subject.)

I have presented copies of all my printed reports and maps and all

proceedings published by both governments with respect to the Chamizal

Arbitration, to the El Paso Carnegie Library, together with many

reports and maps of the Barlow Commission and the Emory Survey, with

the understanding that they will be kept as reference books subject to

the examination of all interested.

During the sixteen years of our active service (the revolution in

Mexico in 1911 having put an end to our activities), the Commission

tried over one hundred cases of all kinds, disagreeing only in the

Chamizal case, and preserved the peace and quiet of the entire Rio

Grande border for these long years to the satisfaction of both

governments and the people of the two nations.

Late Saturday afternoon, January 31, 1914, without any previous

warning, I received by messenger a letter from Mr. Bryan, the

Secretary of State, peremptorily dismissing Mr. Wilbur Keblinger, the

Secretary of the American Section of the Commission, and appointing as

his successor John Wesley Gaines, a discarded member of Congress, the

bare mention of whose name to his former colleagues proved "a source

of innocent merriment."

Mr. Gaines presented his appointment as secretary to me on Monday

morning, stating he had been appointed associate Mexican boundary

commissioner with me, and that he had been directed by Mr. Bryan to

act as chairman.

He suggested I turn my books over to him, after the manner of a

policeman who seizes a suspected culprit in the hope of finding stolen

goods in his possession.

I informed Mr. Gaines that, while I recognized the legality of his

appointment as secretary, I had theretofore been allowed to choose

the American secretary of the Commission. As I had not asked for him,

I told him he could go home and I would send for him when I wanted

him in that capacity. I would not acknowledge him as an associate

commissioner, as I was the only commissioner authorized by treaty, and

told him he could inform the Secretary of State I would have nothing

to do with him in that connection or his attempted authority over me

as chairman.

Mr. Keblinger and I had already been summoned to appear before the

Foreign Affairs Committee of the House at ten a.m. that day. I

telephoned the Secretary of State for permission to take Mr. Keblinger

with me as the official secretary. Mr. Bryan sent for me (it was the

first time I ever saw him) and stated that there was no objection to

my taking Mr. Keblinger as an individual, but I could not take him in

an official capacity. I protested he had always appeared with me and

greatly assisted me in my explanations to the committee; he was an

honorable man and I felt the Secretary could not be aware of the great

injustice he had done him. I told Mr. Bryan that Keblinger was too

proud to appear voluntarily while under such unjust humiliation.

Finally the Secretary announced he might go with me temporarily in

an official capacity. He turned upon me, and, "by questions dark and

riddles high," charged me with prostituting my high public trust for

purposes of private gain.

I told him I had served my government for fifty years as an army

officer and in various capacities and in different departments of

the government, and under eight of his successive predecessors in

office--Secretaries Gresham, Olney, Sherman, Day, Hay, Bacon and

Knox--without ever receiving from any one such language, and that I

would not submit without resenting it. I invited him to put his best

sleuths on my trail. While I was anxious to separate myself from

official connection with him, I had been taught in the army it was not

honorable to resign under charges. I told him I would not resign until

he was able to state that his investigation found nothing wrong in my

twenty years' administration under the State Department. I did not

believe he could induce the President to dismiss me, and I told him

I believed he had been deceived by such men as Dr. Boyd, who, during

the administration of nearly all of his eight immediate predecessors

had persistently made charges against me verbally, in writing and in

published pamphlets. None of the Secretaries under whom I had served

had thought it worth while even to notify me officially of these

charges. I only learned about them in detail during the latter part

of Secretary Knox's administration, when I found Dr. Boyd had several

times been investigated by competent officers of the Department. Chief

Wilkie, of the Secret Service, had reported him a dangerous man, when

he had threatened in writing to horsewhip Secretary Hay. Thereafter he

was denied the privilege of personal conferences with the Department.

Notwithstanding these explanations, Mr. Bryan appeared before the

Foreign Affairs Committee, with Mr. Gaines, on the 5th. After a

two days' hearing, in which I was questioned and cross-questioned

regarding all my transactions for twenty years as Commissioner, my

hearing closed with the following, which is quoted from the official

report of the hearing:

_"Gen. Mills: Mr. Chairman, I crave about three minutes, in which I

hope to clarify this whole subject._

_"I have met you here for the last twenty years. I have met also

the committee in the Senate. And I have always been treated with

such courteous consideration by the Department of State that I was

encouraged to believe that my work was satisfactory, and it was

desired that I should continue, especially so as after about sixteen

years' service I was selected without solicitation by the Department

as a member of a high commission to arbitrate the Chamizal case, and

also that my dissenting opinion from a majority of the judges in

that case was approved by the Department and by the President in his

message, and I believe it is still maintained by the Department that

kept me here. Had I considered my own personal convenience I would

have resigned long ago. For obvious reasons I intend now to separate

myself, if I can do so with honor, from this commission, and shall

not have the personal pleasure of meeting you again. I thank you very

kindly personally, and as I can not anticipate or hope to meet you

again officially, I bid you adieu._

"_The Chairman: Gen. Mills, I want to say for the committee that

nothing has been done or said by the committee to tend to reflect upon

either the character of your work or your intentions in disbursing the

funds in your hands._

"_Gen. Mills: I appreciate that, sir._

"_The Chairman: We all realize that you have done a valuable work down

there, and you have done it splendidly, but certain matters developed

here that we were not aware of, and that you had been led into by the

State Department, and we thought it our duty to investigate them and

right them, and no reflection was intended upon you or Mr. Keblinger._

"_Gen. Mills: Mr. Chairman, I want to say to one and all of you that I

have been treated with the utmost fairness in all of my intercourse.

My troubles are not here, but in another direction._" (See printed

report of the committee, containing sixty-five pages.)

Notwithstanding this absolute acquittal by an American jury--there

were twelve members of the committee present, all intensely

interested--Dr. Boyd's old charges, rehabilitated by Mr. Bryan's

apparent support, led Senator Thomas, of Colorado, to deliver a two

days' speech on the floor of the Senate. (See Congressional Record

of March 23 and 24, pages 5984 to 6006, inclusive.) He mentioned my

name fifty-two times, including such references as "this man Mills,"

charging me with the most disgraceful conduct with which an American

officer can be charged. Called to my attention several days after its

delivery, I brought it to Senator Root's notice, asking him to confer

with Senator Thomas and see if an amicable adjustment could not be

had by Senator Root's explaining I had served under him while he was

Secretary of State, and could not be guilty of such misconduct.

Senator Thomas stated he had his information from reliable authority,

whereupon Senator Root had my rejoinder published in the Congressional

Record. (See pages 13424 to 13426, inclusive, of the Record of July

18, 1914.)

Mr. Thomas replied on the floor of the Senate (see Record, July

20, pages 13479 to 13480, inclusive), admitting he obtained much

of his information from Dr. Boyd. He added, "My information comes,

however, from the State Department and, until I am satisfied of its

incorrectness, I shall insist that my statements are in accord with

the facts."

I asked the State Department what their records showed upon the point

in question. The matter was handled in the Department by the Honorable

John E. Osborne, Assistant Secretary of State. He could have informed

himself by a telephone conversation with an accounting officer of the

Department. But he referred my letter to Mr. Gaines, who was absent.

Followed delay, evasion, equivocation and confusion of the issue,

the giving of unsought information about matters not in dispute, and

withholding information needed for my defense, which it was the duty

of the Department to give.

When finally cornered, after a four months' correspondence, Mr.

Osborne wrote me the Department did not know the source of Senator

Thomas' information. Mr. Osborne may have deceived himself into

thinking that there was technical justification for his statements,

but no one who reads the correspondence can have any more doubt as to

the real situation than Senator Thomas, or as to the complicity of

State Department officials in Senator Thomas' attack upon me.

When I sent the correspondence to the Senator he wrote me as honorable

a letter of apology as could be expected, doing his best to let the

State Department down easy, presented all the correspondence upon the

floor of the Senate and asked for its publication, which will be found

on pages 272 to 275, inclusive, of the Record of December 16, 1914.

I cheerfully acquit the Senator of everything except bad judgment.

He felt justified by the information he received from officers of

the Department to which he, perhaps not unnaturally, gave a credence

proportionate to their official status rather than to their actual

knowledge.

Mr. Bryan, however, has never offered any explanation. I am

reconciled to the situation, believing he could write me nothing I

would value in that connection.

The President accepted my resignation on June 24th, to take effect

July 1st, on the conditions I stated, that the Department had found no

evidence of neglect or wrong-doing on my part.

The President soon restored Mr. Keblinger to official favor. He

suspended the regulations governing the Consular Service by executive

order, in order to appoint this man, whom Secretary Bryan had

summarily dismissed for alleged cause, as United States Consul at

Malta, where he is serving with distinction, and where he was recently

promoted. His defamers, Bryan, Osborne and Gaines, have returned,

voluntarily or otherwise, to private life, while the Department of

State is once more in the hands of gentlemen qualified by their

training and ability to guide the foreign affairs of a great nation.

WOMAN'S SUFFRAGE

From what has gone before readers will understand that Nannie and

I were always fervent advocates of woman's suffrage throughout our

lives, and, as far as we could with respect to the popular prejudices

of the day, tried to advance it.

Because of my diplomatic service under Secretary of State Gresham, the

president of Indiana University, Dr. William Lowe Bryan, honored me

with an invitation to the commencement of 1911, and showed me marked

courtesy. My friend, Norman Walker, of El Paso, president of the class

of 1906, accompanied me from El Paso and introduced me to members of

the various classes.

The Indiana University is coeducational; of the 975 students, 231 were

young women. Diplomas were given the graduates in the open air in a

large sugar tree orchard in the presence of five thousand persons.

When the president called the first name, a young lady in graduating

garb presented herself. When several more young ladies followed I

asked the president if he was calling women first out of courtesy to

the sex. "Oh, no," he said, "they are honor graduates." Of the five

highest graduates three were women. Asked how this was accounted

for, the president said, "Because they are the best students. No one

should suspect any partiality is shown them by their instructors. They

deserve everything given them." This reinforced me in my lifelong

opinion that women, if given an equal chance, were the equal of men

in all the essentials of life's successes. I could but think how my

mother would have felt if she could have survived to witness that

scene, and when I returned home and told Nannie, it encouraged her to

take a more prominent part in the cause of woman's rights generally,

and especially woman's suffrage.

In February, 1913, a meeting of suffragists was held in Washington.

Mrs. Carrie Chapman Catt was our guest, and a very interesting, well

informed and courageous advocate of her cause we found her, as well as

a most charming woman.

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