Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-09-04

an assumption, was to request the Surveyor on the
part of the United States, after the Commissioners
had agreed upon the point on the Rio Grande from
which the line should westwardly, to authenti-
cate the convention by his signature. This he did
upon consultation with the Secretary of State, and
under the conviction that the Surveyor was mere
ministerial operative agent, whose province it
not to determine any question of controversy which
might arise to the point at which the line should
begin, but to the line from such point after it
should have been ascertained by the Commissioners
1t is said however, that this construction of the
treaty is erroneous and that the Surveyors possess
equal powers with the Commissioners; that in
fact they are cocommssioners and that their assent
was necessary to the establishment of the point on
the Rio Grande from which the line should com,
mence it's westward course.
If this be the true construction of the language
Of the treaty, the Secretary certainly erred in
questing Mr.. GRAY to sign the agreement concluded
between the Mexican Commissioner, Gen. CoNDE,
1t is proper to say, however that if it be error,
it is one into which the Secretary has fallen in COM
mon with three preceding Administrations.
The Treaty of Guadalupe Hidalgo was proclaim
ed on the 4th of July, 1S48. 1t was negotiated
under the instructions of the Hon. JAMES BUcHAN-
AN, late Secretary Of State. The Commission was
also organized under his auspices, by the appoint
ment Of Mr.. WELLER as Commissioner, and Mr..
GRAY as Surveyor, about the commencement of the
year 1849. That Mr.. BUCHANAN did not regard
the Surveyor as possessing equal powers with Mr..
WELLER, and as being, in fact, associate Com
missioner, is obvious from the fact that all the in
structions which issued from the Department of
State were addressed to Mr.. WELLER alone, and not
to Mr., WELLER and Mr.. GRAY and also from the
language of the instructions themselves, as will be
seen from the following extracts from those under
date of February l3, 1849:
"A you will be held responsible for the able and faith
full execution of the important trust confded to you by
this article Of the treaty the President deems it proper to
leave you the organization of the Commission Again,
he says /" In organizing the Commission you
ferred for any information which you may deem
sary, to ANDREW B. GRAY, Esq., who has been appointed
Surveyor" And, further, this article places you in
highly responsible position" Sc.
Following the construction given to the treaty by
Mr.. BUCHANAN, Mr.. EWING, late Secretary Of the
Interior, also directed all his instructions to the
Commissioner alone, and not to the Commissioner
and Surveyor jointly; and the present Secretary
hos merely fbllywed the course which had been pszr
sued by his predecessors in regard to this subject,
one Of whom was the negotiator of the treaty, and
might well be presumed to understand its meaning.
The records of the Department contain nothing
to show that whilst Mr.. WELLER held the Office of
Commissioner, and Mr. GRAY that Of Surveyor,
there was any pretence set up that Mr.. GRAY was
an associate Commissioner. So far as appears from
the records, he did not participate in the debera-
tions with the Commissioners. He gave no vote
upon the decision of any controverted question:, and
he performed no function of Commissioner. Nlr.
WELLER and Gen. CoNDE alone decided upon every
question involving the exercise of judgment; and
the Surveyors the operative agents to run the
line after the Commissioners had decided the mat
ters in issue. The Surveyors were present only
when it was necessary for them to authenticate the
necessary documents, or when their presence was
required by the Commissioners. We presume that
Mr.. WELLER would be as much surprised as any
one else at the new character of col Commissioner
signed to Mr.. GRAY
But this is not the only authority which exists to
sustain the Interpretation which has been given to
the treaty by Mr.. BUCHANAN, Mr.. EWING, Mr..
WEBSTER, and Mr.. STUART
The Convention for marking the boundary line
between the United States and Texas, concluded on
the 25th of April, 1888, which was negotiated by
JOHN FoRsYTH on the part Of the United States,
and MEMUcAN HUNT on behalf of Texas, contains
spuations so precisely similar to those in the treaty
Of Guadalupe Hidalgo as to leave no doubt that
the latter was copied verJatm, except far the
names Of the countries we're concerned from the
former The provisions Of the Texas treaty are in
the following words
cart L. Each of the contracting parties shall appoint
Commissioner and Surveyor who shall meet before the
termination Of twelve months from the exchange Of the
rat6catons of this Convention New Orleans and pro-
ceed and mark that portion Of the said boundary
which extends from the mouth Of the Sabine where that
river enters the Gulf Of Mexico 70 the Red River They
shall make plans and keep journals Of their proceed
ing and the result agreed upon by them shall be con-
sdered part Of this Convention and shall have the
force II il inserted therein The two Govern
ments will amicaby agree respecting the necessary ar
ces TO be furnished TO those persons and also as TO their
respective escorts, should such be deemed necessary
Under this treaty JOHN II. 0vERToN was appoint
ed Commissioner, and JOHN X. CONWAY Surveyor,
on the part of the United States, and MEMUcAN
HUNT Commissioner, and @. w SMYTH (and sub
sequenty ANDREW B. GRAY Surveyor, on the part
of Texas
The following extracts from the instructions given