The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-07-13
SPEECH or HON. v. Nc. HOWARD

The House having under consideration the bill to sup.
ply deficiencies In The appropriations for the fiscal year
| MIR. HOWARD said: Mr. Chairman / propose ia
speak TO The subject in hand and offer observations
on on TWO oi The Senate amendments TO the deficiency bill
The rst is the amendment OF the Senate 10 The appropa
oh ior continuing the survey OF the boundary between
'he united States and Mexico. IL enacts-
THAT nothing herein contained shall be construed as
. sacnon departure son the point on the Rio Grands,
north Of the town called Paso, designated ia The said
treaty."
And is made necessary by the illegal and unauthorized
course OF Commissioned Bartlett in establishing the mi
a point OF the boundary the Rio Grande thirty four
miles north OF the point fixed by the treaty.
The NTH artcl, OF the treaty with Mexico provides
that
"The boundary line between the two republics shall
commences In the Gulf OF Mexico leagues fto land
opposite the mouth OF the Rio Grande Otherwise called
Rio Bravo del Norte or opposite the mouth Of ,s deepest
branch, il il should have than one branch enjoying
directly into the from thence up the middle Of
one point where strkes The southern boundary OF
New Mexico; thence westwardly along the whole south
town called Paso) its western ,ernlnation thence
nonhward along the western line Of New Mexico until II
not in,ersect any branch Of river point
he said line nearest to such branch, and thence in direct
branch and said river. until il EN- plies into the Rio
Colorado thence the Rio Colorado following the
division line between Upper and Lower California the
Pacific ocean"
And TO preclude the possibility of all mistake as 10 the
true southern and western boundary Of New Mexico the
treaty declared
"The southern and Western limits OF New Mexico men
toned in this article those laid down in the entitled
Map of the United Mexican States, organized and de-
fined by various Of the Congress of said republic
constructed according best authorities Revised edi
ton Published at New York, in 1917, byJ Dsurne' OF
which map copy Is added 10 this treaty, bearing the sig
natures ana seals of the undersigned plenipoenaries
In order to mark and designate the boundary upon the
ground commissioner and surveyor appointed by
each government, with powers described as follows
"In orderto designate the boundry line with due pre-
cison upon authoritative and to establish upon the
ground landmarks which shall show the limits of both
pubcs described in the present article the govern
ments shall each appoint commissioner and surveyor
who before the expiration Of from the date of the
exchange of Publications Of this treaty, shall the
port OF San Diego and proceed to and mark the sad
boundary in its whole course to the mouth of The Rio Bravo
del Noe They shall keep journals and make out plans
Of their operations and the result agreed upon by them
shall be deemed part OF this treaty. and shall have the
force as If il were inserted therein The govern
will amcably agree regarding what may be
these persons and also their respective escorts
should such be necessary"
Ii will thus be seen that the true initial point on the
Rio Grande is that at which the southern boundary OF
New Mexico AS laid down on the map of Dislurnell,
strikes that river Ii this point be found il is not in
the power OF the joint commission to agree upon diff
feFen from that established by the treaty. That instru
declares that the southern and western limits OF
New Mexico, mentioned in this article, those laid
down in the map entitled" &c. The treaty also declares
that the southern boundary OF New Mexico north
of the town called Paso When we look upon the map,
find that this line is traced Immediately north Of the
town OF Paso, and by taking the scale Of the map and
measuring it, IS found 10 be precisely eight miles north OF
this would Se absolutely 9asH6 es to s
capable OF being reduced 10 certainty II as certain
in its character though the church OF the town oil
Paso had been named for the initial point OF the boundary
Unaded by anything ese il adm. of no controversy
the town limits being established and known, they are
ia all Spanish and Mexican towns, by measuring certain
But the question does not depend on the town limits
and simple measurement certain they must be IN thelr
character AT about the distance OF eight miles above
Paso and the point on the Rio Grande given upon
Ds,unels map the southern corner OF the boundary
OF New Mexico is laid down place called La SaneIa
he Saline Ii is place noted Tor supplying salt 70 me
country and corresponds the ground with the map III
was at once recognised and identified by Colonel raham
and the other members OF the scientific corps as identical
with the initial point This OF itself could establish be-
yond the shadow Of doubt the beginning point oil the
boundary on the west bank OF the Rio Grande The re-
suit is TOO obvious 10 admit OF argument Besides, y
agrees with other points and places gwen on the map ana
found TO correspond on the ground
II il a principle OF law which will not be contested,
that fixed monuments, natural or artificial are TO prevail
over and distance, and as cofoay over autnde
and longitude. The true point of beginning on the hio
rande thus being shown by the map and natural Objects
to be eight miles above the town OF Paso, was by the
treaty, in the first instance to run weslwaIdy along he
whole southern boundary OF New Mexico TO lis western
termination" which, taking the scale of the map, IS three
degrees. -, -
his ordinate officer, the surveyor, he assumed o Dis
own authority, 10 open negotiations with the Mexican
commissioner and TO fix the initial point at latitude 32o
22,, which is about thrYfour miles north oi The point
/
the United States OF country thiuyfour miles vide and
three degrees OF longitude Deep equal TO $3.50 square
miles on that line. In giving up this amount oil lauude'
Mr. Bartlett has gained practically no longitude, because
the southern boundary is three degrees, according TO the
treaty map, whether you take the true line or tbe one
agreed on by Commissioned Bartlett. Col. Graham re-
pos that when be arrived Fl Paso, instead oil hndne
tbe surveying party the true treaty ae he found them
thirty -four miles north OF H. on line commencing a
32e 22'.
| In relation 10 this action OF the joint commission,
take il 10 be too clear for controversy that the com
had no right change the boundary liked by the
treaty They had no jurisdiction TO make new bound
ary and therefore their action by which they have done
is void for want OF power They might as wen MAKE
a new treaty as a new boundary Their functions were
limited to making, and designating upon the ground, The
boundary established by the treaty The treaty assumes
10 have defined the initial points with sufficient certainty
To be readily identified and found, IN truth II has Anc
IL IL had not done the boundary clause would have
been void for want OF certainty am aware that " ha
been coniended that this action was legal because I'M
agreements OF the commissioners were TO be deemed par
OF the treaty Bot this provision goes snly 70 ESTABLISH
upon the ground landmarks which shall show The llm
of both republics described in the prsstm lin the hh
afel, Of the treaty They bad no power to make new
boundary Their functions were the ascertalnmen'
that already established They were bound to go py n'
treaty. and not in opposition TO Il. They had no poWe,
FIX the boundary on the Pacific at Monterey, ins,eau
one marine league due south OF the souhernmos. pom
of the port OF San Diego" required by lhe ueay
the commission may fix the initial point on tne hl'
rande thirty four niles north of that named IN theeaI
they have power 10 place il one thousand mles hol.n
Whenever the commission disregards tse points esao
lshed by the treaty their act ~ VOID fo want o auno
Is an excess OF jurisdiction, and cannot bind either th
United States or Mexico a,
L. n,,t vta NJ