The daily union., 1852-09-09
CONGRESSIONAL.
DEFERRED DEBA IL II.
FRIDAY, AUGUST 81. 1852.
fcoNcLUDED.
Senate.

SENATE
AZ, pEARCE MIR President, | am very reluctant
a oab ihe Senate with any remarks upon the Mexi
can commission at this lime and should mol DO SO bnl
senator fr Virginia do object TO The amendment
which be has introduced think il seems 10 be care
fully worded; and do not suppose that u Will occasion
that il is objectionable as Implying anj
rrproach upon the Secretary OF the Interior. Blu, The
senator has imputed TO the Secretary of the Inferior
very gross eIror-an OF judgment ony-orl be-
Isye that he aitr,bnes wroag motive 10 him. lie
has said however that the Secretary OF The Interior has
undertaken request the surveyor OF this commission 10
syn an agreement as TO the initial point' ana ha' ne
hss thereby committed very gross error MY OBJECT rs
n show that this is not gross erfor-tha there IS no
error al all that II error there Pc IS one INTO
which the Secretary very naturally ie oy reason Of me
cnmsiances by former administrations The question: at
ali events is one construction, as to which difference
OF opinion may well be tolerated. ,
Tie 9Th article OF The treaty with Mexico provides
,h., lar The purpose of running and marking the bound
srv hpe commissioner and surveyor shall be appoint
ed: and il directs that certain agreements, The result OF
TIA, commission when signed by them. snail have the
forca III iLe treaty The honorable senator from Vir-
gnia has assumed that that clause Of the treaty gives
he surveyor equal authority, and makes hun func-
tonsry of equal power and responsibility with the COM
missioner rhia think, is an error OF his The treaty
does not define the powers and dues OF the commissioned
and surveyor We must therefore look elsewhere to
asceain them and thus II becomes necessary 10 inquire
xvha are the proper and ordinary functions Of such oi
GERS as ,hese And when we look 10 that we see that
the functions Of commissioner essentially different
from those of a surveyor The commissioner is the di-
rrciing agent lhe experimenting. controlling authority
The surveyor subordinate inferior, operative agent
Field operations aud the resulting calculations, his
business. That was the OPINION oi the Secretary Of ihe
INTERIOR who considered that the surveyor, in This
was mere ministerial agent; that he had not the au
,hoty to decide upon the disputed points which belonged
10 the commissioner.
under other administrators and proceed TO make good
the assertion lind, upon the examination OF the fifth
article OF the treaty OF Guadalupe Hidago, that it is
coped psrba'im from other treaties into which the gov
ernmen OF the United States had previously entered 1t
is copy OF similar article in the treaty OF 1919 with
Spain, the convention of 1928 with Mexico, and OF 1898
with Texas. do not know that thesS any pro-
ceedings under the treaty of 1919. | know that there
were none under the treaty of 1928 with Mexico. that
government never having appointed commissioner and
surveyor under IT, There were proceedings, however,
under The convention Of 1888 with Texas, and commits
sloner and surveyor were appointed by both govern
ments have here, in public document, the nsruc-
lions OF the Department OF Stale 1899, under the ad-
Iuinis,raton of MI Van Buren, 10 Mr. Oyerlon. the
commissioner the part of the United States. ! will
read few extracts from them 10 show what that admin
straton thought be the difference between the power
OF commissioner and surveyor. Ia letter from The
Department OF State TO Mr. Overion, dated July s, 1882
be w inoTmed
.Upou yourself jointly with the Texan commit ssoner
d dsvuve the day OF conducting the proceedings
Commission, of insructng the surveyors on both sides
their actual operations IN the field and OF assigning 10 the
s"x question should arise from coahcng views between
Yourself and the Texan commissioner, the duy viii bs
yo.,s carefully To Investigate the grounds OF your
op,nons and, when fully convinced OF their correctness
and the fairness OF the claims which they VIII induce
ber adoption by every proper argument drawn from the
letter end spirit OF the provisions OF the treaties
.The President confidently relies upon yoar prudence
and Judgment as upon the hearty CO operation Of Un
ted States surveyors whom 70 .u, you are expected per
son.y 70 attend dree. snd a' ~ 70 ,ae os q
y as secured by the treaties lie Is Obliged the more to
copde fo disere'oa scrutiny and patriotic yea" from
OF QV
aursons may arise, and from the consequent necessity Of
e.vng you N great dsgtes 70 exercise your judgment
As Il Is Indispensable that each government be fur
ni.hed with all and ciscom.,ansl record o. the pro
cer.nvs Of commission, The e1pediency will doubtless
The joint TO order such records 70 he
oou the ccfts ppontcd on h sides under the super.
vi,on OF pcciive commissioners who shall be re-
.ponsbe for abe and safe delivery Of said rec
the sIpifstion OF the commission"
In the letter to the surveyor the Secretary says
.You viii report yoursefto Mr. John oyeton, the
United States comms,ioner for n'tfneoas as to the man
ner Of performing the duties ofyour othce.
The Senate must perceive that the administration OF
that day evidently understood the surveyor be
f,r;og officer to the commissoDer-,hat he TO
ceve his directions IRON him because the Secretary Of
State says expressly TO the commissioner that il will be
bs duty 10 spsnd aad drtei s surveyor tie perform
.aes OF de dudes of hi, Office. The department, then
evidently dad not eoasder ,ne surveyor as an ONCE. o
no instructoo bat referred him TO the commissioner for
in.,soc,,oos They did not seem to consider that the
d,,,es OF surveyor any other than those ordina-
ry assigned TO an officer Of that du-
ties in the held This view seems 10 have been taken
by Mr. Polks administration; for 10 looking the
INSTRUCTIONS OF Mr. Buchanan to Mr. Weller. Mexican
boundary commissioner. find the following language
This article places you in highly responsible posi-.
fion,' &c.
In another part he says:
"-he joint report declaration by the eoumi,,oH0s ot
fhs f.ot rssuif egreed upon bg them"-
He does no, speak OF the ion report OF the commits
s;oaefs and surveyors, but OF the commissioners alone
as they were the directing authority and The surveyor
was ouIy IA assstani in these operations in the field;
The Joint report declaration by the OF
the final result syreed upon by them under the hh article
Of reaty vii, ssS be usnsuied 70 the department,
be flied with The journal aud record Of their proeeedings
and the map" l7# @
Tb. iourual was never signed NY the Surveyor and Il
ia certain al the com missioner always and rightly
siivred himself as the head OF the commission Now
sir shall not weary the Senate with any more quota
tons have adduced these Two cases 10 show that poI
adpnIstr aons hose authotyis certainly entitled to re
spec having fallen into the very same error. II error
be- into which Mr. Stuart has fallen, Mr Siuarts error
according TO The senator from Virginia, consists IN his
requesting the surveyor who dissenis 10 opinion IRON
the commissioner 10 sign the agreement which the two
commissioners bad made as to the lnIlia point. Wen
the former Secretary OF Sa,e Mr. Buchanan speaks OF
the agreement as the Rna resu, agreed upon w hseon
s'enns though, is tue he adds, that the agreement
$50 De s'gaed and certified by the Surveyor as well as
ny the commissioner. VI would seem 10 be very obvious
mat MS signing the agreement, which others were 70
maze mus, have been considered merely MINISTERIAL and
Tor the purpose OF autheniica,ion.
In very manifest, therefore, inssmucb as the treaty
assigned the duties specifically each OF these oi
m thr ~ - =.