The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-11


aside and accoreinely by the terms OF the treaty It is
expressly stipulated that the result agreed by them
shall be deemed part Of this treaty and shall have the
In view Of this clear and distinct provision for the OBJ
seryance of whch The national faith has been soemny
pledged the Department 81 the Interior has not claimed
or exrcd any right to interfere with the action Of the
commissioners IL has expressed no Official opinion as TO
the Of the point agreed upon
by the commissioners to the beginning point on the
Rio Graz de- OF the southern line Of New Mexico and
had been satisfied that their decision was clearly errone
did not conceive that IL competent for ms to
alter modify in any particular what had been done by
them.
that the result agreed upon by them shall be deemed
part OF this treaty shall the force IL II
inserted therein II would have been strange IL
had asserted any such right
But has been commended that the letter to Mr. Gray
necessarily involves such pretension certainly had
such purpose in writing that letter on the contrary
my object tarly intimate to Mr.. Gray that he
had neither coequa powers with the omnssioners nor
supervisory control their action and that although
his signature might necessary for the formal authent
cation OF the convention between the two commissioners
1t was not essential to its validity in like manner as the
signature Of the Clerk Of the Supreme Court Of the United
States may be necessary TO formal certificate OF judy
ment Of the court to an inferior tribunal and yet the
absence Of that signature does not in anywise Affect the
validity OF the judgment itself.
The objection to the action Of the department proceeds
upon the idea that the commission contemplated by the
treaty Of Guadalupe Hidslgo consisted Of four members
vz.-two mssoners and two surveyors, ell possess
the treaty then acknowledge have in common with
the late Secretary Of State and his predecessor (Mr
Buchanan) misunderstood its provisions.
1t will be recoected that the treaty OF Guadalupe Ill
dalgo which proclaimed the 4th day Of July l84S
negotiated and concluded under instructions ssued
by MIR Buchanan The commission to run and mark the
boundary line organized under his immediate super
vkon by the appointment Of Mr. Weller - commission
ar ara Mr. Gray Is surveyor.
That Mr. Ruchspan did not regard the surveyor a. pos
sessng ca AL DO sefs with the commissioner or as being
associate commissioner Is obvious from the TACT That
all bis Instructions to the mode Of performing tnat
duty addressed to the commissioner alone and not
to the comms Toner and surveyor jointly The language
OF the instructions tends also .ronsy 70 Ispel sucn
date Of February Is 1S49, he says -
CAS- 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 1t proper
toleave to you the organization of the commission
Again he says in the same letter'In organizing the
commission you referred for any information which
you may deem necessary to Andrew B, Gray, ESQ., who
has been appointed suryeyor,n
nt to the Department OF the Interior my predecessor
Mr. Ewing, following the Interpretation which bad been
given to the treaty the Department OF State directed
s his instructions to alone and not to
the commissioner and surveyor jointly and nave con-
tinued to pursue the same course.
The OF the department contain nothing show
that while Mr. Weller held the office OF commissioner
there claim set up by the surveyor to DO an as
sosae missioner to have power to revise aud an
null the official Of the commissioner by Withholding
his signature from the record Of them The records
chow that the surveyors did participate in the deli
berstions Of the joint commission They performed none
of the functions commissioners and gave no votes upon
any controverted Questions Inc c9mmsonsrs Sons
judgement and the we're the operative agents
and mark the line in conformity with the principles
established by the CON mssioners.
The survey ors did not attend the sessions Of the
commission except when their presence was required to
give information to the commissioners or to authenticate
the necessary records AZ required by the treaty.
confirmation Of this view Of the relative duties OF the
commissioner and surveyor It IS proper TO remark that
the clause In the treaty Of Guadalupe Hidalgo which
provides tor commission to run and mark the dividing
line between the two countries Is literal transcript ex
cept to names of the convention for marking the
boundary between the United States and Texas, con-
cluded the 26h Of April 1888 The provisions Of that
Art Each Of the contracting parties shall appoint
commissioner and Surveyor, who shall meet before
the termination Of twelve the exchange OF
the ratification Of this convention at New Orleans and
proceed to and mark that portion Of the said bound
ary which extends from the mouth Of the Sabine where
that river enters the Cult OF Mexico to the Red river
They shall make out plans and keep journals OF their
proceedings and the resu agreed upon by them shall be
considered part of this convention and shall have the
came force rs If IL were inserted therein
1.-THE two governments will amicably agree respecting
the necessary articles to be furnished to those PERSONS
and also to their respective escorts, should such be
deemed necessary
Under this CONVEX ton John III. 0verton was appointed
commissioner and John Conway surveyor the part
Of the United States; and Hemucan Hunt commissioner
and @ w smyth. (and subsequently Andrew b. GrayD
survey OF the part OF Texas
The following extracts from the instructions given by
Mr. Foyth then Secretary Of State Of the United States
to John IL Overton, EsQ commissioner for marking the
boundary line between Texas and the United Sntes will
chow what the Department then understood to be tn
nature and extent Of the powers OF the and
Surveyor
Upon yourself Jointly with the Texan commissioner
will devolve the duties Of conducting the proceedings OF
the commission OF instrucDg the surveyors on both
sides their actual operations in the field and Of
their Offices II any question should arise from conflict
ing views between yourself and the Texan commissioner,
the duty Will Be your; carefully 20 1 sns
of their correctness and OF the fairness OF the claims
which they viii induce you to set up on the part Of the
United States to advocate their adoption by every pro-
per argument drawn from the letter aud spirit OF the pro-
visions OF the treaties As it would not be conss ent
with the established principles Of the government to ad
any pretsnsons the part Of the United States
not founded in strict fairness and justice 1t will be
equally essential not to admit the part Of Texas any
i claim not fousded ON the same principle,
Again 'The President confidently relies upon your pru
pence and Judgment upon the hearty operation of
the United States surveyor who in turn you expect
ed personally to attend direct and assist in the per-
Torrance Of his duties for the advocacy Of the
rights and interests Of your country fecured by the
treaties He is obliged the to conde in your dis
erection scrutiny, and patriotic zeal from the impossible
lily Of foresesing whether any and any what questions
may arise and from the consequent necessity OF leaving
you in great degree TO exercise judgment In the
| discussion and solution Of them y
From these quotations 1t obvious that the treaty OF
1888 construed by Mr. Forsyth precifey as Its coun
terpar has been by Mr. Buchanan Mr.. Ewing, and my
self
That the Mexican government has also understood It
in the same is manifest from the fact that it has
deyoved the duties Of commissioner and surveyor
the individual General Sslszar IL Mexico had
earded the surveyor associate commissioner 1t Is
to dpense with his services and to conde her interests
to single commissioner while the United States had
two on the ground
Understanding the claim set by Mr. Gray to nvsli-
date the action Of the commissioner by Withholding his
signature from the agreement entered into between hem
necessarily voving right bis part to exercise
supervisory and controlling the commissioner
deemed II my duty in conformity With what appeared
to be the Interpretation Of the treaty and the
broken chain Of precedens under various adminstrs
items to express my dissent from his pretensions.
With regard to the question whether the point at which
the Rio Grsnde strikes the southern boundary Of New
Mexico has been correctly established not have not
felt myself called ON to express an opinion The treaty
has conferred upon jurisdiction the subjc,s
II has been committed have power correct
IT, IT, on the other hand II has been correctly ascertain
ed expression Of opinion by to that effect could add
any thing to its validity Having done all that con-
ceved bad the power TO do officially the subject 1t
nust be referred 10 other depart nent OF the
to derive ard adopt such further in regard to
IS the interests Of the country may require
deem II my duty, however, to request you to recon-
mend Congress mobilization Of the privso to the last
appropriation at an early Day so as 70 relieve the per-