The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-12-13


ings and the reeult agreed upon by them shall be
considered as part OF this convention, and shall
have the same force il il inserted therein
"The two Governments will amicably agree re-
spectng the necessary articles to be furnished to
those persons, and also as to their respective es
corts, should such be deemed necessary"
Under this convention John II. Overton was APP
pointed commissioner, and John X. Conway sur
veyor, on the part Of the United States, and Me-
mucan Hunt commissioner, and q. w. Smyth,
(and subsequently, Andrew Cray surveyor, on
the part of Texas
The following extracts from the instructions
given by Mr.. Forsyth, then Secretary OF State Of
the United States. to John ii. Overton, esq, com
missioner for marking the boundary line between
Texas and the United States, Will show what the
Department then Understood to be the nature and
extent OF the powers Of the commissioner and sur
veyor:
Upon yourself, Jointly with the Texan com
missioner, will devolve the duties Of conducting
the proceedings Of the commission, Of instructing
the surveyors both sides to their actual ope-
rations in the field, and Of assigning to the
clerk ks the duties properly appertaining to their
iicting views between yourself and the Texan
commissioner, the duty will be yours carefully to
investigate the grounds Of your own opinions, and
when fully convinced Of their correctness, and Of
the fairness Of the claims which they will induce
you to set up the part OF the United States, to
advocate their adoption by every proper argu
ment, drawn from the letter and spirit Of the pro
visions Of the treaties As it would not be consis-
ment to advance any pretensions on the part the
United States not founded in strict fairness and
justice, it will be equally essential not to admit on
the part OF Texas any claim not founded in the
same principle" Again THE President conf
IDENTIFY relies upon your prudence and judgment,
as upon the hearty cooperation Of the United
States surveyor, whom in turn you are expected
personally to attend, direct, and assist in the per-
formance of his duties for the proper advocacy Of
the rights and interests of your country secured
by the treaties. He is obliged the more to conhde
| in your discretion, scrutny, and patriotic zeal
from the impoasibiity OF forcseeing whether any,
| and if any what, questions may arise, and from
the consequent necessity Of leaving you, in great
degree, to exercise your judgment in the discus
sion and solution OF them"
From these quotations it Ia obvious that the
treaty of 1888 was constructed by Mr.. Forsyth pre-
cisely as it's counterpart has been by Mr.. Bucha-
nan, Mr.. Ewing, and myself.
That me Mexican government has also under
stood it in the same way is manifest from the fact
that it has devolved the duties Of comm and
| surveyor upon the same individual, General Sala
| Ear. If Mexico had regarded the surveyor an
associate commissioner, it s hardly to be supposed
| that che would have been willing to dispense with
his services, and to conde her interests to single
commissioner, while the United States had two on
the ground.
Understanding the claim set up by Mr.. Gray to
invali late the action of the commissioner by with
holding his signature from the agreement entered
into between them. as necessarily involving right
on his part to exercise supervisory and CONTROL
ing power over the commissioner, deemed il my
duty in conformity with what appeared to be the
true Interpretation OF the treaty and the unbroken
chain of precedents under various ad administrations,
to express my dissent from his pretensions.
With regard to the question whether the point at
which the Rio G rande "strikes the southern boun-
dairy of New Mexico" has been correctly estab
lshed or not. have not felt myself called on to
| express an opinion. The treaty has conferred
upon me no jurisdiction over the subject. If an
error has been committed, have no power to cor
rect it, or if, on the other hand, it has been cor
rectly ascertained, expression of opinion by me
to that effect could add any thing to its validity.
Having done all that ! conceived had the power
to do, officially on the subject it must be referred
| to other departments of the Government to derive
and adopt such further measures in regard to il
the interests of the country may require.
deem ii my duty, however, to request you 10
recommend to Congress modification of the pro-
viso to the last appropriation at early day,
to relieve the perso' 8 attached to the commission
from the embarrassment to which they have been
subjected by the want of money to pay them, and
also to relieve the Government from the discredit
which has been brought upon it by the protest OF
the drafts OF its accredited agents. Five months
have elapsed since the close of the last fiscal year,
during all which time the officers and employees
of the commission have been diligently engaged
in the discharge of their respective duties, in the
full confidence that Congress would make the
cessary appropriations to defray their expenses
and compensate them for their services. This just
expectation has been disappointed. No part Of the
appropriation for the current fiscal year can be
applied to their payment.
They are left in the wilderness, many Of them
two thousand miles from home, without any pro-
vision having been made by law for their support
where they are now stationed. and with no means
furnished to enable them to return to their families
They are now subsisting on funds borrowed on
their individual credit, or raised on drafts drawn
by the commisso ler and surveyor before notice of
the proviso to the appropriations several of which
have been presented to the Department and pro-
tested for non paymen This is a case which
calls for prompt action on the part Of Congress,
and mot tn hat
commentator to that effect will be responded to
without delay.
II will also be necessary to make further provi-
sion by law for running and marking the residue
of the limo between the two countries in accord
ance with the terms Of the treaty Of Guadalupe
Hidalgo.
The Eriension Of the Capitol and Reconsiruc-
ton Of the Library.
The work upon the extension of the Capitol has
advanced with a. much rapidity as was consistent
with ts proper execution. The massive founda-
tons have been completed; the arches between the
inside walls of the cub basement have all been
turned, and the spnndrels Fl lied with cement and
brick, and the whole overad by pavement upon
'ch the thing will rest. large part of the
granite work has also been done, and portions 0 I
the walls of the principal basement have been
built OF the beautiful marble which was selected as
the material for the exterior surface of the edice.
The arrangements for the library room
also nearly completed, with the exception OF the
painting and gliding. The galleries piers. acoves.
columns, doors, stairways, shelving, celHng5, con-
solos, and indeed all of the new fixtures are ofron.
he russes of the roof also of iron, covered with
copper, 80 that combustible material is used in
any part of it. The plan of this work was designed
and the drawings and specifications in detail were
prepared, by Mr.. Thos U. Walter, the architect of
the extension of the Capitol and the execution of
them was entrusted TO Messrs. Beebe & Co of New
York. When completed, it will present the first
specimen of room constructed entirely of iron,
and think may add that, for convenience and
beauty Of arrangement, il will be without q rival.
The workmanship is of the most admirable quail
ity; and when we look at il as it now stands, and
reflect that it consists of more than ten thousand
separate pieces, of aggregate weight of four
hundred tons, and that it was planned in Wash
ington and executed in New York, more than two
hundred miles from the hall in which it was to be
placed; and when we see that every part of it fits
together with the precsion of cabinet work, we
at loss whether to ascribe most honor and praise
to the genius and taste of the architect who con-
ceived and marked out the design, to the skill
and fidelity Of the contractors who performed the
work.
The damage done to the outside of the western
front Of the Capitol by the fire of December, 1851,
which was more extensive than was at first sup
posed, has been repaired, and the building rem
dered permasent and free from blemish as BIO
fore the accident occurred