Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-10-16

BY actual observation however, IT was ascertained
that I'll Paso is enormously placed ON the map, both
in respect to latitude and longitude, its true position
being in latitude n 80 As, or fraction more
than half degree south of its supposed position,
and in longitude 800 40, instead of 21o So, or two
degrees and five minutes west OF Its position as
marked BY Disturnel
/ If the treaty had designated FL Paso, or point
at any given distance north of III Paso as the begin
ming point of the southern line of New Mexico, there
would have been no difficulty in ascertainingt But
as it merely states in general terms that q it runs
north of the town called Paso" the requistion will
be satisfied drumming any distance however great
or small, north of that town
BY reference to the reports of the United States
Commissioner, and the correspondence between him
and the Mexican Commissioner, you will perceive
the grounds assumed by each, and the arguments
used to sustain their respective pretensions.
The result of the discussions was an agreement
between the Commissioners on the part of the two
Governments that "the Rio Grande strikes the
southern boundary of New Mexico at 800 90 north
latitude and from this point the same southern
boundary of New Mexico extends three degrees
west" and written agreement to that effect was
signed and publicly proclaimed on the oath day of
April, 1851, by the two Commissioners, and by the
Surveyor on the part of Mexico, and Lieut. A. W.
WHIPpLE, Acting Surveyor, ON the part Of the Uni
ted States, who acted by consent of both Commits
sioners in the absence of Mr.. A. b. GRAY, the re-
gularly commissioned Surveyor, who had not been
able to reach the theatre of operations in consequence
of i'll health. When Mr.. Gray did arrive, how
ever, he objected to the line as agreed on by the
Commissioners, the ground that it was establish
ed too far north and declined giving it his sanction
by signing the convention which had previously been
executed by the Mexican Commissioner and Sur
veyor, on the part of their Government and the
American Commissioner and Lieut. WHIPpLE Act
ing Surveyor, on the part of the United States
Upon representation of these facts to this De-
partment by the Commissioner, and after consuta-
ton with the Secretary of State, | requested Mr..
GRAY to sign the agreement, not that | conceived
his signature, under the circumstances essential to
the validity of the compact under the terms of the
treaty. and the Interpretation which had been given
to 1t and other treaties containing similar provisions
by the Department of State under former Admins
trations, but because thought it most prudent to
preclude all future controversy by rigid compliance
with the letter well with the spirit of the rea-
ty. The offices of Surveyor and Astronomer were,
however, consolidated with view to greater econo-
my and efficiency in the operations of the Commits
sion, within few days after Mr.. Gray was request
ed to sign the agreement and the services of Mr.
Gray were dispensed with, and his duties devolved
on Major EMORY, who has since continued to act
both as Astronomer and Surveyor Mr. Gray, there
fore, had no opportunity Of attaching his name to
the agreement after he had been requested to do So
and, as at present advised, | believe that Major
/ Emory has not signed it.
I If the signature of Lieut. Whipple, as acting
Surveyor, therefore, does not satisfy the demands
OF the treaty, and the signature of Surveyor duly
! appointed by the Government is essential to the
consummation of the agreement then no portion of
/ the southern line of New Mexico has yet been
| " established" or finally ascertained and fred bv
the Commissioner and Surveyor on the part of the
United States. This is the first question which
you are called on to decide for if no part of the
southern line has been established then the proyiso
in the appropriation bill would be imperative, and
the money might be used for completing the survey
of the Rhode Norte, any other part of the line
Bot in no event would l consider it respectful to
Congress to apply any part of it for the purpose of
establishing the line in accordance with the terms
Of the agreement between the Commissioners until
further Legislation shall be had on the subject
The main question, however, submitted by Con-
gress for your decision is not whether any line has
been established or not but whether assuming it to
have been established, it has been established fur
ther north of the town called Paso than the same is
/ laid down in Disturnells map"
1 Congress has not thought proper to refer to you
the decision Of the question whether the line has
been correctly established, or whether the agreement
between the Commissioners is in conformity with
the terms of the treaty, but the simple narrow iso-
lated inquiry whether the southern line of New
Mexico has been established further north Of the
town called Paso than the same is laid down in
Disturnell map"
The answer to this inquiry will depend on the in
depreciation which 1t is proper to give to the latter
clause OF the proyiso Does it refer to the supposed
or the actual position of the town called PasoY
to Its position on the map Of Disturne or to its
position on the earths surface as ascertaned by as
Economical observations
If you assume the map as your guide in regard
to the position of FL Paso, then the line as esta-
blished by the Commissioners and Surveyors at 800
d. is not further north of the position of Paso as
indicated on the map, than the same is laid down in
Disturnelps map. 1t is in fact 30 seconds further
south nearer to the supposed position Of FL Paso
than the map would indicate it to be- The line,
too, established, conforms with almost perfect ac
curacy with the line as laid down on the treaty map.
The map indicates it to be at 800 22Y north lati-
tude, and the Commissioners have established it at
go %
But if Congress meant las think they did, to
declare that no part Of the money should be drawn
from the Treasury and used until you shall be salts
fed that the line has not been established further
north Of the true position of I'll Paso as ascertained
by astronomical observations, than the same is laid
I down on DisturnelPs map, then it is obvious that
! the appropriation cannot be used
= As before stated, the line as established by the
VI afNNN n