The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-18

iect we think that we have demonstrated that the agree
ment entered into by the General Condo and Mr.. Bart
lett the Mexican and United States commissioners fixing
the southern boundary OF New Mexico. departure
from the treaty OF Guadalupe Hidalgo The bunder
committed by Mr. Bartlett by which large and valua-
bic district OF country wrongly thrown on the Mexi
side OF the boundary line would have been inexcu-
sable under any circumstances; but il becomes matter
OF establishment when reflect that the point had
arisen at an early period in the abors Of the commission
and had been adjusted and decided in direct opposition
the principles OF that adjustment and decision which Mr.
Bartlett submitted to.
The treaty defines the boundary line on the Pacific
beginning at specified point south of San Diego, and
running thence in right line TO the junction Of the ella
and Colorado rivers. Now, DisturnePs map rep
resents the Colorado as running from the point Of
confluence with the ella in straight line south TO the
gulf Of California; so that both shores OF the river below
that point would be thrown south OF the boundary line
into the Mexican territory The negotiations between Mr.
Tst and the Mexican commissioners prove that they be-
eved that such was the result OF their arrangement OF
the treaty line. But when the ground to be
aned il appeared that the Colorado instead Of running
in straight line south TO the9ulf of California from its
confluence with the ella, made detour nor,hward and
westward before taking its southern to the gulf.
By reason Of this detour TO the north and west both
shores Of the river for several leagues where thrown
above the line drawn from the initial point the Pacific
TO the point OF junction with the ella and consequently
both shores Of the Colorado thrown into American
territory, when the commissioners who negotiated the
treaty believed that by the boundary they agreed both
shores throughout their whole length would be in Next
territory, and when, according TO Disturnells map,
which before them during their negotiations they
would be thrown in Mexican territory.
General Condo, the Mexican commissioner, cohiended
that inasmuch as il the intention Of the treaty to
give both banks of the Colorado below the junction with
the ella to Mexico, the line from the Pacific should,
after striking the Colorado, follow its right bank up
the ella. Colonel Weller, the commissioner the part
Of the United States, had this conclusive reply that if the
joint commission not confined to the task OF mark ing
defined line, but vested with the diplomatic power
construe and interpret the intentions Of the contracting
parties, and to carry that construction and Interpretation
into effect it manifest that the trainers of the treaty
intended 10 give the whole OF Northern California
TO the United States and that, looking 10 Dlsur-
nelrs map. they believed they had done so by the
line they had agreed on. But when the country was
amned i, found that the line several degrees
further north than the trainers OF the treaty believed it
would run, and that it threw into Mexico territory which
they thought they were giving 10 the United States.
This reply demonstrated the absurdity Of looking be-
yond the treaty itself, OF claim 10 diplomatic powers,
and OF attempting to mark on the surface OF the earth
correct lines which shall correspond in every particular
with the lines of aa incorrect map Ii is easy 10 run
right line between any two pons, although the points
may be improperly placed the mars. But as two
G. ~ II , h, :.
add third point unless that point be actually in line
with the other twas possible TO draw on the map
line direct from the junction OF the ella 10 point three
miles south OF San Diego represented on the
map, throwing the Colorado below the junction into
Mexican erritory but il simply impossible mark
such line on the surface OF the EARTH the map 10 the
contrary notwithstanding.
| But we have surely made this point sufficiently clear.
We have spoken OF the position taken and maintained
by Colonel Weller with regard TO the Colorado. in JUS
tce to that distinguished gentleman, well illus.
rate argument with regard to the line OF New Mex
leo, and 10 prove tina, The Mexican commissioner had
yielded up and abandoned the very ground which the adj
mnisaton has since been seeking yield up and aban-
don on the part of the United States The President in his
last message Congress- and the Secretary OF The In
terror in his report accompanying that message, seek to
avad their just responsibility in this behalf Since the
public attention has been called this mportan, mat
ter, the fsithess servants have been attempting to
exeulpste themselves gentleman, known the coun-
try and respected by the country, removed from his
post OF commissioner, and every strained by
the administration TO heap caumny upon him in order
Justify bis removal. Thus we fad the administration
taking control the joint commission. Now we
find the administration seeking TO avoid all responsibility
on behalf OF that commission. The appointment OF Mr.,
Bartlett was in general terms an exercise OF authority
over and assumption of responsibility on behalf OF,
that commission AS TO the act OF Mr. Bartlett by which
abou, Eve thousand four hundred and eighty square
miles OF territory were given 10 Mexico the admins
ration stands fully committed for il has sustained Mr..
Bartlett against the scientific who protested against
bis conduct.
But have not the space at disposal 10 90 fully
into this point now. Having demonstrated on general
principles that the line has been improperly rum and hay
ing sustained demonstration by reference 10 prece-
dents in the history OF the commission, we shall in our
next article fix upon the administration it's due response
bility for that error, and expose the eyasons and
bubbles by which il has endeayored 10 avoid and
slip from under that responsibility, now that the
public attention has been attracted to It's action. The
President, after expanding hundreds OF thousands has
been forced TO confess that he does know whether the
boundary line has been according TO The treaty and
that he cannot satisfy hmsalf in that point during the
T,,, fart oo,nlad xph tha othor fact that tho