The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-23
CONGRESSIONAL.
DEFERRED DEBATE.
THURSDAY. MAY 30, 1852.

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io lhe present. to allow me TO offer amendment
Mr. RUSK. This is not an appropriation. II is simply
apoyiso ,,,.ts,. -,
Mr.. RUSk | think no. oher the following pro-
yiso to come III after line 90
"Propiied That nothing herein contained shall be so
construed sanction departure from tho point the
RIO Grande north Of the town called Paso designated in
the treaty Of Guadalupe Hdago'
The PRESIDENT The Chair is OF opinion that the
senator has specified the proper place for this amend
to be inserted The Char Will read lha, portion OF
u Mr.. RUSK | wish il TO come in Immediately after
the appropriation for the Mexican boundary survey.
The PRESIDENT This is very different portion OF
the bill This clause is TO appropriate $4,000 'or
clothing camp and garrison equIpage, and horse equip
ments for engneerroops ordnance department. dragons,
rilemen, light artillery, artillery and infantry"
Mr RUSK. That is not where wish my amendment
to come in wish it to come in Immediately after the ap
proprlaton for The ,6r boundary survey. !,
end Of line l03 That clause reads: /" For running
and mar xing the boundary line between the United
States and Mexico according to the treaty OF Guadalupe
Mr. RUSK That is the place. The reason of it is
this The treaty is very distinct aud clear that the bound
airy line shall leave the Rio Gcande where it intersects
the norhsrnmost boundary OF New Mexico north of The
town called Paso, which shall be according to the map
attached TO the treaty--Disurnells map-which shows
the boundary TO begin there. There has been mis-
understanding between the commissioners upon the sub
c, and commissioner at least the absence of the
Surveyor agreed TO go about half degree above that
point and establish the initial point there. When the
surveyor arrived there he protested against that course
in consequence OF which the boundary line there was
suspended and has remained suspended till this day.
The commissioners proceeded to survey from the Rio
Gande TO the Red river while the line between the Rio
Grande and the Gia remains suspended, believe do
not wish the Senate to express any opinion upon that
point What desire now is that there shall be nothing
in this appropriation which shall sanction this line pro-
posed by The commissioner the part OF Mexico, and
agreed to by our commissioner but protested against by
The PRESIDENT. The Chair will suggest to the
senator from Texas Mr.. RUsK] that il would be better
10 change the latter part OF his amendment to have
read 'noh OF the town called Paso designated in
said treaty. the name of the treay-Guadalupe Hi.
dalgo--is mentioned before.
MIR. RUSK. Certainly; will modify my amendment
Mt DAVIS. would suggest to The consideration of
the senator from Texas Mr. RUsRI that it seem me
that bis amendment involves construction OF the treaty
This question oil boundary must be settled under the
treaty II cannot be settled by any construction which
Congress may give TO the treaty.
MI RuSk lido not want any construction given TO IL
MI DAVIS But II by this proviso which IT Is now
proposed to attach i should be attempted the part oi
Congress 10 locate the line contrary TO the true consruc-
ton it would be a violation Of The treaty.
Mr. RUSK, II the senator will hear the provso read
he will see that says the line is 10 be confined to the
point mentioned in the treaty. and not to be at any other
point The poyiso is as fellows:
"Propided That nothing herein contained shall be SO
construed sanction departure from the point the
Rio Gande north Of the town called Paso, designated in
said treaty"
MT. DAfiS linen The proylso seems 10 me 10 be
wholly unnecessary because alter ALL ii 10 this
point that the treaty settle the question, and in
depreciation construction gv TO II here effect the
question 10 where that line shall sbe Ii il means
nothing than iba, shall adhere TO the treaty,
why should we adopt any amendment III It is adopted.
Il strengthens nothing, weakens nothing, and there
fore think II is an unnecessary act oil legislation.
Mr.. RUSk. do not intend to raise any discussion
upon this subject But will state that the commits
the part OF The United States has gone ia
aton OF the plain provisions OF the treaty, and has
ty-Od w her
the treaty line should leave the Rio Grande pre-
pared 10 investigate this matter when 1t becomes
saTy But all that want 10 do is TO prevent Con-
gress sanconing, by making this appropriation for this
survey this departure from the provisions oil the treaty
itself That is all that ask.
Mr.. UNDERWOOD. do not see any Improperly in
adopting this amendment apprchend that the object OF
my friend from Texas [Mr. RUsKl sa very legitimate
and proper one. We are making an appropriation 10
pay Tor The surveys performed in doing this labor OF
ming the boundary line His object is only TO say that
while we pay Tor these surveys, this payment shall not be
considered sanclonng the manner in which the work
has been done do not see any Improperly at all IN
that But II you pay without saying anything about
tins matter, perhaps hereafter when this dispute about
me true position Of this initial point upon the Rio Grande
comes 70 De agtaed between the commissioners appoint
ed oy Mexico and our country, the Mexican commits
soners may say You ought not object This line which
mas been partially run, TO this monument which has
oeen established some thirty miles above the true point
as designated by the treaty, because you paid for this
work without any objection being made by Congress to
lhe course pursued, therefore see nothing in this but
alor from Texas, Mr. RUsK that seems TO me 10 be in
no way improper. II does not, as | conceive, give
any construction at all 10 the treaty. III | un.
dersand the reading OF the proviso, instead OF
constituting the treaty. it says that nothing herein
aned shall be construed to authorize de.
parlure from the treaty We do not undertake 10 say
as understand il, By this amendment that this place,
where is said our commissioner agreed to locate the
point OF departure, conforms departs from the treaty
u says nothing either way II merely says that this pay
ment shall not be go construed TO sanction any depar
ure from the treaty. see no Improperly in that, and
hope that the proviso may be adopted.
Mr.. CLARKE. ! have no objection to any proviso or
provision that the senator from Texas Mr. RusKl may
hnk proper to offer, far regards the treaty with
Mexico, If il is proper for the Senate adopt any amend
men which can strengthen take from the effect OF
mat treaty But in the OF the explanation that my
honorable friend from Texas MIR. RUsKl has given, he
has chosen, my humble opinion. TO reflection upon
70 this boundary line am not prepared TO nvest-
gale this matter But did suppose that, at the proper
ume the official conduct of commissioner would be
brought up for consideration and at that time should be
Fepared TO go into an investigation OF the manner in
which he has performed his duties
Mr. WELLER. You will have the opportunity 10 do so.
Mr.. CLARKE. And if, in the examination of the mat.
e should appear that his duties had been correctly and
properly performed intended TO be prepared to defend
hm Now, the question which has arisen in regard TO
ns treaty with Mexico is simply whether or not this
Poylslon IN the treaty, in connexon with Disurneirs
map snown-ai any raie II was the only one known TO
ne as applying 10 this country-whether or not accord
ing oDisurneps map, the treaty designated where the
nhe should be That map, II is alleged, adopted
part Of the treaty; and the line upon the Rio Grande
me initial point upon the Rio Grande from which they
were to siar-and the line which to reach to the
d'walers OF the Ga river according TO the provis
TREATY ,rer IN nd I'D