Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-10-16

ative action can be obtained and the Consequence
will be increased expense and protracted dday in the
adjustment Of subject which both nations agreed
to have settled with all practicable dispatch
/ Whatever differences of opinion may have exist
ed IN regard to the proper position Of the southern
and western lines of New Mexico, which are made
Dy the treaty parts Of the boundary between the
United States and the republic of Mexico there GER
talnly could have been no doubt that the Rio rande
otherwise called the Rio del Norte from some point
north of Ell Paso to its mouth is made by the treaty
part OF the dividing line between the two coun-
tres No good reason is therefore perceived why
Congress should have desired to arrest the survey
that nyer, IN regard to which no controversy can
possibly arise. Every legitimate purpose of those
opposed to the part of the line in dispute would have
been accomplished by limiting the prohibition of the
use OF the money to the survey of those parts about
which diversity of sentiment existed, leaving the
commissioners at liberty to proceed with the survey
Of the remainder of the line. But as it was compe-
tent Tor Congress to grant withhold the appropr
alton altogether or to attach to it such conditions
as they deemed proper it is the duty of the Presi
dent to conform to its action, Notwithstanding any
doubts he may entertain as to its wisdom or pre-.
prety In this case the prohibition is in the broad
est and most es1prehensive terms 1t provides
that no part Of has appropriation shall be used a.
erpended,D except upon the condition to which |
have already referred, and although | am satisfied
that the practical operation of the proviso to the ap
preparation was not fully considered or foreseen.
do not sec how, by fair construction of the law,
any part OF the money can be drawn from the Trea-
sury, and am therefore compelled, respectfully, to
submit to you the propriety of at once suspendng
the operations OF the Commission, as there are no
means at your disposal to maintain it in the field
the restrictions imposed upon the expenditure of the
appropriation, which are much to be regretted
More than three months have already 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 duties, in the full confidence that Congress
would make the necessary appropriations to defray
their expenses and compensate them for Their ser
wees This just expectation must now be disap-
pointed No part of the appropriation for the cur
rent fiscal year can be applied to their payment
The drafts of the Commissioner and Surveyor upon
the Department must be dishonored, the Just de-
mands of all connected with the Commission must
remain unsatished, and they must be discharged
from the public service in the midst of Wilderness
many OF them more than two thousand miles from
their homes and without the means of returning to
their families and friends If could perceive any
nicans VI aNertihS tnese evils would gladly bring
them to your notice. But have not been able to
discover how you cam consistently with the terms Of
the proviso to the appropriation, afford any relief
The responsibility incident to the adoption of the
restrictions on the appropriation rests with Congress-
and 1t will devolve on that body to remedy any in
conveniences which may be found to result from it.
There is another view of this subject, which, in
conclusion, deem it proper to present to you. It
is this: The prohibition contained in the proyiso
proceeds upon the idea that the line has been esta6
lshed If it had not been established there would
have been seeming consistency in Congress in
withholding means to establish line which it did
not approve; but if, as is assumed by the proviso
has been established by the duly authorized agents
of the two Governments, it is difficult to perceive
the justice or propriety of refusal the part of
Congress to furnish the means to pay the employees
Of the United States Commission for the arduous
and laborious services which they, in good faith,
have rendered in obedience to the orders of their
supcriors
have the honor to be, with great respect, your ODE
dent servant,
ALEX. H. H. STUART, Secretary.
To the PRESIDENT of the United States.