The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-11

by determining its relative position to other points which
were known and determined Much controversy arose
on this subject and serious aOprehensions at
time entertained whether the Commissioners could come
TO any satisfactory agreement.
Il sa dsspss. 90 mnptc. and % on the
Path April 1851 the Commissioners, ana other persons
attached to the commission assembled on the ground
and it publicly proclaimed that that should be the
initial point Of boundary the Rio Grande, and .
monument was erected to mark the spot
written convention TO that effect also drawn up
and signed by the two Commissioners and by the sur.
veyor on the part Of Mexico and BY Lieut. A. w Whip
pie the acting surveyor the part the United States
At the date of this convention Mr. A. b. Gray who had
been appointed surveyor on behalf of the United
States bad not arrived at I'll Paso and to avoid the
delay and inconvenience which would from await
Ing his arrival 1t agreed by the two Commissioners
that Lieut. Whippe who the acting surveyor should
ssd% Ss ,W, n Ma 'Is ,re
by Commissioner Bartlett, out Of abundant caution TO
attach his signature to that convention SO to remove
oil possible objection which might be raised to the agree
ment ths ground that IL had not been
in exact conformity with the words Of the treaty Mr.
Gray however refused TO sign the agreement and that
fact was communicated TO this department by despatch
from the Commissioner.
AS foiesaw that any difficulty which might arts. on
this point would necessarily affect relations with
Mexico felt TO be my duty TO bring the subject to
the attention ofhe late Secretary Of state (Mr Webse
nc to pursue vs. examined the provision. Of the treaty
together and concued In the opinion that the commits
soners alone empowered TO decide upon all dsputes
which might arise in regard to the boundary and that
the surveyors mnissrs agents to carry into
effect the decisions Of the commissioners, and to anthem
ticate them by their signatures We regarded the relative
functions Of the commissioners and surveyors bearing
strong analogy TO the duties Of . commissioner and
surveyor appointed under an order OF court to make
partition OF tract OF land between two jeint t
10 the province Of the commissioner to decide where the
dividing line shall and Of the surveyor TO aud
mark II IN conformity With his decision.
The signatures Of beth, however very properly re-
CURED to author tcate the report and to chow that IL
reey sets forth the action Of both In conformity with
this view of the subject the Secretary Of State advised
me to request Mr. Gray TO sign the agreement fixing
the initial point and letter to that effect was accord
inaly addressed by me to MI Gray ON the Sst day Of
October. 1861
As the obsct Of this letter TO have been msun
derstood by many persons whose opinions entitled to
respect deem the present suitable OCCASION TO remove
all doubts the subject In my judgment neither the
Department Of the Interior, the Executive nor Con-
gree have any power TO regulate or control the action OF
the officers designated by the trpaty Of Guadalupe HI
dseo to perform the duty Of ascertanng and marking
on the surface Of the earth the line between the two
countries
These ofsen derive ihsr authority from the treaty
tk which 10 the oinf sct Of the two contracting
ties end not from their pectve governmsna Their
fpSctiops ere those u sSbrs:o, and their decision In