The daily union., 1852-09-09
Mr. PRATr Ms. President

rise to point of order II The decision OF the Clar is
70 oe coniormed 10, the senator from California mus
form 10 u as well as the rest OF US do not why he
should say TO me that he did not choose TO be interrupted
when my object mast be apparent TO everybody listen
70 me senator with as much pleasure as TO any one, but
hh that al this lime OF The night, when IS near eleven
O'Clock, II is OF no use TO be going into these questions
listened to the gentleman aentvey for four hours n
defending himself, and must say that be did defend
himself very successfully against the charges which had
been brought against him But do not want repetition
OF these matters night al this late hour.
Mr WELLER The gentleman has certainly exag
seratsd The length of time which it took 10 defend
myself believe never spoke tour hours in my life al
one time and am sure never occupied more than two
hours IN addressing the Senate. | presume it's being
rather dull and made longer than il
was, so that the senator supposed took four hours But
am NOT now responding TO the charges TO which then
sMf PRATT, Then.I made small mistake as to
nse---hat is sli. .R 81
Mr.. WELLER. ask exemption from the rules by
which other senators are governed and will put myself
IN order by speaking to the point that is raised by the
amendment II were 10 attempt 10 discuss the ques-
tons presented here by the amendment proposed by the
senator from Virginia, should occupy much more time
than would have occupied in explaining matter
somewhat personal to myself II is not often that
tors are interrupted here when they speaking OF mat
tiers in which their own honor their reputation s
involved
| wish to say word or two TO the senator from Ma
ryland who sits furthest from me, Mr.. PEARcEl ]
agree with him that there is distinction between the
commissioner and the surveyor but should never have
undertaken commissioner that boundary 10 have de-
iermlned any point on that line Wlth0ut consulting Wllb
the surveyor His advice would have been implicitly
lied upon, unless it was plainly and palpaby wrong
The instructions TO which the senator referred place the
commissioner at the head, and thus make distinct df
ference between the two officers Under date of January
"a. 1919. he hrst instrucons,) you will find that in
ganzing the commission, Secretary Buchanan says
You are referred, for any Information which you may
deem necessary to Andrew b. Gray, esq who has been
appointed surveyor under the treaty" -
certainly the intention OF the department to draw
distinction between the power OF the commissioner and
that OF the surveyor ! considered myself as the head
Of the commissioning doubt about that. held myself
responsible for the movements OF all the parties who
went out into the field but relied implicitly the
judgment OF the surveyor for the determination of any
point upon the face Of the earth in the running OF the
boundary So relied implicitly upon the chief asrono
in determining the geographical position OF any point
desired The one had charge OF the linear surveysthe
other OF the astronomical lines.
| have perhaps detained the Senate too long regret
very much that have been compelled to nfct upon my
friend from MARYLAND IMr PRATTl the remarks which
have made considered il necessary, and that is
enough SO far rs am concerned. am sure that when
he gets up in the Senate 10 speak OF matter in which
his reputation is involved, where he has been
grossly msrepresented a, the bar of public opinion.
shall inierpose objection TO his proceeding. In this
respect will return good for evil.
| Mr.. UNDERWOOD. We have business 10 perform
in the execution oil treaty, and the question is, how
are 10 do i'll have examined this subject, il was
my duty 10 do as member OF the Committee on Foreign
very brief in submitting to the Senate the view which
take Of the subject, and OF what il s duty to do
We have to determine, in the first place, whether the
commissioner could act separately and apart from the
surveyor, and pledge the United States any line agreed
upon by him with the Mexican commissioner II the
commissioner appointed by The United States and the
Mexican commissioner had the right separate and apart
from the surveyors, TO agree upon line then the bust
has been done, and nothing more remains but 70
execute the agreement which the commissioners have
entered into Bat if their act requires the assent OF the
surveyors well as OF the commissioners then, the
surveyor appointed the part OF the United States has
consented and agreed to that line, there yere
ma hp tha fpn
the commissioners under the two governments, in fix
ing this boundary which has not yet been performed and
the boundary set remains unsettled Tha, determna-
ton lies the very foundation OF this question: and 1t is
TO be determined by the authority OF the treaty which
has been read by my friend from Virginia The expres.
sion oil the treaty is;
"The two governments shall each appoint a commis.
soner and surveyor who before the expiration OF year
from the date of the exchange OF rahratons OF this
mark the said boundary In rs whole course TO the mouth OF
the Rio Bravo del Norte They shall keep journals and
upon by them shall be deemed part Of this treaty, and
shall have the same force as u Il were Inserted therein.
wish to call the attention OF the Senate the phrase
" The result agreed upon by them" Agreed upon by
whom The surveyor and the commissioner. Now
you perceive by this agreement the power OF settling the
boundary is transferred to the surveyor and commissioner
The amendment OF my friend from Virginia puts in the
| President OF the United States think the amendment
is wrong that particular The treaty expressly trans
fers IL to the surveyor and commissioner who shall be
appointed previous part OF the treaty incorporates
VI part VI tue treaty, anu
fers the boundary designated on that map being the
boundary which the and the surveyors
ascertain and mark and then when they did ascertain
by reference 10 that map, and did mark upon the
ground 1t 10 become obligatory upon the two gov
ernments Why did the United States select persons
instead OF TO do this Ii was in my Judgment in
order to have under the treaty the assent OF the minds OF
two persons before the government was TO be bound.
| MIR. HUNTER. Allow me to suggest TO the senator
from Kentucky that, il he arguing Tor the amendment
there is no need OF that because believe all in
1 favor OF H.
Mr. UNDERWOOD No, sir, said expressly tha,
this amendment would not accomplish the object, and
VIII endeavor 10 show II IN lew words.
/ MIR. HUNTER ! beg pardon.
! Ms. UNDERWOOD. | agree with the chairman OF
the Committee on Foreign Relations, that the assent Of
the minds OF the surveyor and the commissioner
necessary TO bind the government. IL is like sending
out two ministers abroad to make treaty with foreign
government II OF The ministers does not assent TO
the treaty. and the other does. the vote OF the
trazes the vote OF the other and the government not
COMMITTED When the government leaves a matter 10
TWO OF us servants only he committed by the
assent OF both TO the same thing. That in my judg
ment is the meaning and sense OF the treaty.
have read portion OF the treaty TO show that when
these two individuals assenied and agreed their deerm
and the minds OF those two were TO be made up by
inspecting the ground, comparing the ground with the
map and forming judgment by that species OF oompar
son. This amendment OF my friend from Virginia does
not put u there. He undertakes to have II settled,
by the commissioners and surveyors sen, out TO examine
The ground 10 look AT the towns 10 look at the river TO
look at the water courses which enter into that rive
and determine the bearing and the distance from
those wstercourses and towns up 10 the line and fix it,