sufficient for all demands in lieu of losses or damages occasioned by the service thus undertaken.

ART. 9. The citizens of each of the contracting parties shall, within the territory of the other, enjoy the most perfect liberty of conscience, and shall be allowed the free exercise of their worship, according to the laws and the constitution of the land.

ART. 10. For the purpose of diminishing the evils attendant upon war, it is hereby agreed that if hereafter the peaceful relations of the two states should unfortu nately become disturbed, the citizens of each, resident within the cities, ports, and territories of the other, and who therein are engaged in commercial pursuits or in the exercise of any other profession, shall be permitted to remain in their place of resi dence, and to continue in their business, provided always that they do not commit any violation of the laws of the land. In case their conduct should cause them to forfeit that privilege, and when the respective Governments deem it necessary to expel them from their territories, the former shall grant the latter a sufficient term within which to arrange their affairs.

In no case of war or of conflict between the two nations shall the goods or property of any kind whatsoever, belonging to citizens of the foreign state, be subject to search or embargo, or any other charges and imposts binding upon native citizens. Likewise during time of war, the private debts of foreign citizens, as well as the Govern ment bonds and shares of banking and other institutions held by them, shall not be subject to search or confiscation, to the injury or detriment of the citizens respectively and to the benefit of the country in which such citizens reside.

ART. 11. The contracting parties agree to grant to envoys, ministers, and public agents the same exemptions, favors, and immunities which the envoys, ministers, and public agents of the most favored nation do now, or may hereafter, enjoy.

The aforesaid contracting parties, desirous of avoiding all that might in any wise disturb their mutually friendly relations, do agree that their diplomatic representatives shall not intervene officially, save to obtain when practicable a pacific arrangement regarding the complaints and claims of private parties, when such complaints have been submitted to the action of the courts, unless it be in the event of a denial of justice, of delay in the administration thereof, contrary to law or usage, or in the case of lack of execution of legally binding sentences, or, finally, whenever, despite all legal recourse, there may have been manifest violation of treaties obligatory upon both contracting parties, or of the rules of international law, public or private, generally accepted by civilized nations.

It is also further agreed between both contracting parties that their respective Governments, save in cases of neglect or of lack of vigilance on the part of the authorities of the land and their agents, shall not be reciprocally responsible for the damages, injuries, or exactions which the citizens of one may suffer within the territory of the other on account of insurgents, insurrections, or civil war, or because of savage tribes or bands which are beyond the authority and power of the Government.

ART. 12. The duties of importation in the United Mexican States upon the produce of the soil or of the industry of France, and in the French Republic upon the produce of the soil or of the industry of Mexico, shall not be in excess of or differ from the import duties levied upon like products of the most favored nation.

The same principle shall be observed with regard to duties on exportation. There shall be no restriction placed upon importation or exportation reciprocally engaged in by both countries, unless it be applied to other nations, the exception to the above rule being only in case of the avoiding of epizootical epidemics, or of loss of crops, or in the event of war.

ART. 13. Merchandise of all classes, coming from one state or leaving it, is reciprocally exempted in the other state from all transit duties, save in case such duties are imposed upon the other nations.

Nevertheless, the special legislation of each state shall be respected as regards articles the transit of which is or may be prohibited; and the high contracting parties reserve to themselves the right to subject to special regulations the transfer of arms and munitions of war.

ART. 14. The two contracting parties do severally engage not to grant to the subjects of any other power, in navigation or in commerce, any privilege, favor, or immunity, be these what they may, which shall not be, at once, and during the time of such concession, extended to the commerce and navigation of each other; and each shall reciprocally enjoy all the privileges, immunities, and favors which may, or shall, have been conceded to any other nation.

ART. 15. In whatever relates to harbor patrols, and to the loading or unloading of ships, or to the safe-keeping of merchandise and effects, the citizens of both powers shall be subject to local laws and regulations.

Touching Mexican ports, in the above category are included the laws and regula tions issued, or to be hereafter issued, by the Federal Government, as well as the provisions of the local authorities, within the limits of the jurisdiction of the sanitary police.

The contracting parties agree to consider boundaries of their territory along their respective coasts, at a distance of twenty kilometers, reckoning from the lowest tidemark. This rule shall be, however, applicable alone to the matter of customs search, the execution of customs ordinances and preventive measures against smuggling; but it shall by no means apply in all other questions springing from international maritime law.

It is likewise agreed that neither of the contracting parties shall apply to the ships of the other contracting party the above designated extension of territorial limits save in case the same contracting party proceed in like manner with respect to the shipping of other nations with whom it may have treaties of commerce and navigation.

ART. 16. Mexican vessels which enter the ports of France, and French vessels which enter the ports of Mexico, with cargo or in ballast, shall not pay other nor higher charges on account of tonnage, light, or harbor dues, pilotage, salvage, or such as affect the hull, than those which are, or hereafter may be, obligatory upon the ships of the most favored nation.

With respect to local charges and treatment, such as the anchorage of vessels, their unloading and loading, as well as the fees and imposts of all kinds, in ports, anchorage-grounds, docks, roads, inlets, and rivers of both countries, and, in general, all the formalities and provisions to which merchant marine, with their crew, may be subject, all the privileges, favors, and immunities which are, or which may hereafter be, conceded to the vessels of the most favored nation, and to their imported and exported merchandise, shall be likewise granted to the vessels of the other state, and to the imports and exports carried in the vessels of said state.

ART. 17. The following shall be exempt from tonnage, harbor, and clearance dues, but not from pilotage charges:

First. Vessels which, hailing from any port, enter and leave in ballast.

Second. Vessels which, having passed from one port of either state to another or other ports of the same state, be it to discharge all or part of their cargo, or to arrange and complete their cargo, may furnish guaranties of having paid the duties on the same.

Third. Steamers dedicated to the mail service and to the carrying of passengers and baggage, provided they transact no business.

Fourth. Vessels which enter a port voluntarily or as forced arrivals, and which depart without transacting any business.

Nevertheless, with regard to the vessels mentioned in the two preceding counts, the captains of the same shall be obliged, within the term of thirty-six hours after their admission to customs supervision, to file in the custom-house a bond, satisfactory to the authorities of the saine, to cover the total charges for tonnage, harbor, and clearance dues, in the event that the vessels in question should effect any business transaction.

In cases of forced arrival, business transactions shall not include the unloading and reloading of merchandise for the repair of vessels, or for their disinfection during a quarantine; the transfer of effects from one vessel to another, in case either becomes incapacitated for purposes of navigation; the necessary expenses to revictual for the crew, and, with the due authorization of the custom-house, the sale of damaged effects.

ART. 18. Navigation dues, tonnage, and other charges, which are collectable in proportion to the capacity of vessels, should be collected from French vessels, in the ports of the United Mexican States, according to the register of the vessel. Similar process is to be followed respecting Mexican vessels in the ports of France. ART. 19. The provisions of this treaty are not applicable to shore or coasting trade, which is subject to the respective legislation of both contracting states.

Notwithstanding, Mexican vessels in France and French vessels in the United Mexican States may unload part of their cargo at the first port touched, and proceed with the rest to other ports of the same state, either for the purpose of discharging therein the freight brought therefor or to complete thereat their return cargo, and may not, therefore, pay in each port other nor higher duties than those which in like circumstances are paid by the most favored nation.

ART. 20. Whatever relates to fisheries (which are subject to the legislation of each of the contracting states) is likewise exempt from the workings of this treaty.

ART. 21. Whenever the citizens of either of the contracting parties shall be forced by stress of weather, or by any other cause, to seek refuge with their vessels in the ports, bays, rivers, or territories of the other contracting party, they shall be received and treated with humanity, with the precautions which may be deemed expedient on the part of the Government interested to avoid fraud. They shall also be granted all favor and protection for repairing their vessels, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind.

Within the territory of each of the contracting parties, merchant ships of both, the

crews of which, by reason of sickness or otherwise, are incomplete, may enlist the sailors needful for the further continuance of their voyage, in accordance, however, with local laws and regulations, and under the condition that the enlistment of the sailors shall be wholly voluntary upon the part of the latter.

ART. 22. When any vessel belonging to either of the contracting parties shall be wrecked, foundered, or shall suffer any damage on the coasts or within the dominions of the other there shall be given to it all the assistance and protection which is customary with the vessels of the nation where the damage happens. In case of necessity they shall be permitted to unload the said vessel of its merchandise, with the precautions which the Government interested may deem expedient to avoid fraud, nor shall the merchandise and other effects saved pay duties or sustain imposts of any class whatsoever, unless the said merchandise and effects are designed for consumption in the interior, in which case they shall be subject to the treatment accorded in like circumstances, to the most favored nation.

ART. 23. Ships belonging to citizens of either country shall be regarded as Mexican in France and French in Mexico, whenever they travel under the respective flags, and are carriers of their respective ship-registers, and are provided with the sets of documents required by the laws of each state as proof of the nationality of merchant vessels.

ART. 24. Ships of war belonging to either of the two powers may enter and remain in those ports of the other power the entrance to which is accorded to the war vessels of the most favored nation, and may repair damages therein; they shall also be there subject to the same honors, advantages, privileges, and exemptions enjoyed by the most favored nation.

ART. 25. Vessels charged with postal service, and the property either of the state or of companies subsidized by one of the two states, can not be swerved from their course, nor be subject to capture, detention, embargo, or sequestration.

ART. 26. Mexican citizens shall within French colonies and possessions enjoy the same rights and privileges and the same liberty of commerce and navigation as that conceded to the citizens as subjects of the most favored nation; and, reciprocally, the inhabitants of the French colonies and possessions shall enjoy, in all their extent, the same rights and privileges and the game liberty of commerce and of navigation as are by this treaty granted within the United Mexican States to the French to their commerce and their ships.

ART. 27. Pending the celebration of a consular convention, the two high contracting parties do hereby agree that their consuls, vice-consuls, and consular agents shall enjoy, respectively, the same favors, privileges, and immunities now granted or which may hereafter be granted to the consuls, vice-consuls, and consular agents of the most favored nation.

ART. 28. The provisions of this treaty apply to the Algerian possessions.

ART. 29. The present treaty shall be ratified, and the ratifications shall be exchanged, upon the due fulfillment of the formalities assigned under the constitutional legislation of the contracting states.

It shall be in force from the day of the exchange of said ratifications until the 1st of February, 1892, and shall be promulgated within two months from the date.

In case neither of the two high contracting parties shall have given notice to the other one year prior to the 1st of February, 1892, of its intention to terminate the same, this treaty shall remain and be in force for one year more after notice is given by either of the high contracting parties terminating it.

The high contracting parties reserve, by mutual consent, the right to ingraft upon this treaty such modifications as may not be in antagonism with their spirit and principles, and the utility of which shall have been demonstrated by experience. In witness whereof, the respective plenipotentiaries have signed and sealed these presents.

Done in Mexico on the twenty-seventh of November, the year one thousand eight hundred and eighty-six.

G. RAIGOSA.
GAETAN PARTIOT.

That the preceding treaty was approved by the senate of the United Mexican States on the thirteenth day of December, of the same year, one thousand eight hundred and eighty-six.

That, therefore, in the exercise of the faculty conferred upon me by the X section of the eighty-fifth article of the federal constitution, I have hereby approved, ratified, and confirmed said treaty on the fifth day of March of this present year.

That, having been likewise approved by the French Chambers, this treaty was ratified by the President of that Republic on the seventeenth day of the aforesaid month of March;

And that the ratifications were exchanged in this capital upon the fourteenth day of this month.

I therefore order that the same be printed, published, and that it be duly observed. Palace of the Federal Government, Mexico, April 17, 1888.

To Hon. Ignacio Mariscal,

Secretary of State and of the Department of Foreign Affairs.

PORFIRIO DIAZ.

SIR: I inclose for your information a copy of a letter from the Acting Secretary of the Interior, of the 7th instant, with its accompaniments, in regard to the condition of affairs along the Mexican border in Arizona Territory, which the agent of the Pima Agency apprehends may possibly lead to open hostilities between the Mexicans and the Papago Indians. Mr. Howard, the agent at Sacaton, states that living on the border of Sonora are perhaps two thousand of such Indians under his charge, and that for years it has been their custom to cross the line into Sonora at pleasure and unmolested, both for the purpose of watering their stock when necessary and of visiting Papago and other Indians living there.

On the 6th ultimo a party of six Papago Indians crossed to Sonora to attend a "fiesta," given by their friends, when they were halted by seven armed Mexicans and informed that they were arrested by order of the Mexican Government. The Indians protested that they were innocent of any crime and asked an explanation of the cause of their arrest, which was denied them. The Mexicans sent for re-enforcements, and upon their arrival opened fire upon the Indians, killing one horse. The fire was returned and kept up for several miles until the Indians finally escaped.

You will thoroughly familiarize yourself with this correspondence, especially the letter of Indian Agent Howard, since it may be well for you by discreet inquiry to endeavor to ascertain what is the status of these Indians under Mexican law and practice.

I need not enlarge upon the grave importance to both the United States and Mexico of protecting these people in the quiet enjoyment of their property and their customary privileges, in order at least to avoid any excuse for disorders on their part which it might be extremely difficult to repress and which might lead to serious consequences.

I am, etc.,

[Inclosure 1 in No. 48.]

T. F. BAYARD.

Mr. Muldrow to Mr. Bayard.

DEPARTMENT OF THE INTERIOR,
Washington, May 7, 1888.

SIR: I have the honor to invite your attention to the accompanying copy of a letter of the 5th instant from the Commissioner of Indian Affairs, and inclosure therein noted, relative to the condition of affairs along the Mexican border in Arizona Terri

tory, which the agent of the Pima Agency thinks is likely to lead to open hostilitie between the Mexicans and the Papago Indians.

A copy of the papers above referred to has this day been transmitted to the honorable Secretary of War for his information.

SIR: I have the honor to invite your attention to the inclosed copy of a letter dated April 16, 1888, from United States Indian Agent E. A. Howard, of the Pima Agency, Arizona Territory, reporting a condition of affairs along the Mexican border in Arizona Territory, which in his judgment is likely to lead to open hostilities between the Mexicans and the Papago Indians on this side of the line, and occasion serious complications between the two countries, unless proper steps are taken to put a stop to the repeated aggressions of the Mexicans.

I would respectfully recommend that a copy of Agent Howard's letter be transmitted to the Secretary of War for his information and such action as he may think proper to take in the premises, and I also suggest the propriety of bringing the matter to the attention of the Department of State. A copy of said report is inclosed for that purpose. I am, etc.,

[Inclosure 3 in No. 48.]

Mr. Howard to Mr. Atkins.

J. D. C. ATKINS,
Commissioner.

UNITED STATES INDIAN SERVICE,

PIMA AGENCY, ARIZONA, Sacaton, Arizona, April 16, 1888.

SIR: Living along the border of Sonora, Mexico, are perhaps two thousand Papago Indians under the charge of this agency. It has been their custom for years to cross the line into Sonora at pleasure and unmolested. Those living just this side of the boundary frequently drive their stock across when water on their ranges becomes exhausted. They also cross into Sonora for the purpose of visiting Papago and other Indians living there. On April the 6th six Papago Indians crossed the line for the purpose of attending a "fiesta" given by some of their friends, when they were halted by seven armed Mexicans. They were informed that they were to be arrested by order of the Mexican Government, and were to be shot.

The Indians protested that they had committed no crime, and wanted some expla nation as to why they were to be arrested, saying that they were willing to come here and deliver themselves to me if they were charged with committing any depredations or crimes. The Mexicans would not yield nor permit the Indians to return. The leader of the posse dispatched an assistant for re-enforcements, which was soon answered by twenty more armed Mexicans. Upon their arrival they opened fire upon the Indians, killing one horse. The fire was returned by Papagoes, fatally wounding two. A running fire, resulting in no other casualties, was then kept up for several miles, until the Indians escaped. Word was received the following day by the Papagoes that the Mexicans were again arming for a fight, and runners were dispatched by the Indians to the various villages, ordering all to report at once; others came to this agency for advice.

I have advised them all to quietly return to their homes, remaining upon this side of the line. This they bave consented to do, and there is no immediate danger of trouble, unless the provocation comes from Mexicans. The status of these Indians should be immediately defined and made clear to them. If the Mexican Government proposes to enforce the law and permit no Indians to enter their territory unless duly registered and duty paid upon their stock, then the Indians should be so advised and some steps taken by our Government to enforce like restrictious. I advised you in December last of a raid made by Sonora Indians or Mexicans, running off sixteen head