Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-09
NATIONAL INTELLIGENCER.
THE MEXICAN BOUNDARY.

In the printed Report of the Trial of Dr. GAR
DINER, now pending before the Criminal Court OF
this District, the following passages occur, when
the 10th instant, Dsturnell's Map of Mexico Of
1917 was offered as evidence to explain establish
some particular fact
The DIsrRIcr ATTORNEY (DisturnelPs map Of Mexico
being here exhibited.) This is the treaty map.
Mr.. BRADLEY. 1t is not recognised by the treaty
cept for the purpose Of determining the boundary
the United States and Mexico.
The CouRT And that pery boundary found 10 be n
correct
:" Mr.. MAY. ] submit that this map should have more
authority with the Court it having been acknowledged
by the political authorities of both countries
The COURT That is all very well; but ace also kaotc
thafMe map has been repadiatcd as 10 me boundary
1t is hoped that these Opinions, expressed by the
Court on DIR. GARDINEg's trial, were not intended
to be understood as uell-weghed and well-matured
judicial decisions on the proceedings OF the JOINT
commission the Mexican boundary yet, even if they
intended after their publication many will so
understand them, and without examination, take them
for deliberately formed convictions the promugatio Of
which only necessary and proper ut that partcu
lar time, but from considerations Of public duty
tually required on that very occasion.
This view Of the matter appears require exami
nation into the merits of the find upon what facts
the decisions Of the Court against the joint commission
based The opinions of the Court present very
First That the boundary between the United States
and Mexico is found to be incorrect now
Second. That in determining the boundary line under
the treaty, we also know that the map has been repu
dated to the boundary
To ascertain how far these opinions be sustained it
is necessary ascertain 1st what the understand
ing Of the parties to the treaty to the boundary 3D.
what the spulaons of the treaty respecting the
boundary and 3d. what has been DONE under the treaty.
in relation to the boundary.
The Court does say that the whole of the bounda
~ found to be incorrect now specify any parcu
lar part Of it that is found be Incorrect And of
the map; it not stated whether in whole in part
i'has been repudated the boundary" But pub
lie attention and public discussion have been directed to
portion of the boundary only is but reasonable to
suppose that the opinion Court related exclusively
that portion of it that is it referred merely what
had been done under the treaty in regard the southern
and western limits of New Mexico.
The understanding of the parties to the treaty,
the southern boundary of New Mexico may be gathered
from the instructions and correspondence of the American
negotiatcr.
Mr. TRisr was informed his appointment to negotiate
q treaty with Mexico in a letter from Mr.. BucHAxAs,
Secretary of State, dated April Is, ls47 With this let
ter which contained the instructions of the American
Government Mr. Trist there furnished him pro-
a
towards Mexico"
The fourth article of this proe is in the following
words
THE boundary line between the two Republics shall
in the Gulf Of Mexico three leagues land
opposite the nth Of the Rio Grande; from thence up
the middle Of that river TO the point where ii strikes the
southern lane Of Nep Nezco; thence TestDardy Glong the
southern boundary Of Nsr Nereo Tie southeast corner 81
tie same; thence norhward along the western line of
New Mexico, until it intersects the first branch Of the
River ella or, If it should ntersect any branch of
that river then to the point the said line
such branch and thence in direct line to the same
and down the middle Of said branch and the said river
until emptes into the Rio Colorado; thence down the
middle Of the Colorado and the middle Of the Gulf Of
California, to the Pacific ocean"
This article of the proje embraced the two CALIFORNIA;
Upper and Lower and New Mexico but Mr. Trist was
told he not to consider this qua His in
structions added:
Should Lower California he embraced in the
treaty, then il will become necessary change the de-
neation OF the boundary contained in the fourth article
Of the projGt n the following manner
Instead oEthe concluding words to the Pacific ocean,
let II read to point directly opposite the division line
between Upper and Lower California; thence due west
alo1g the said line, Eheh nori of e parallel Of mir
y-fTo degrees and south Of San Miguel, TO the Pacific
ocean, 80
Inh extension Of our boundaries over New Mexico /
and Upper California for not exceeding twenty
millions Of dollars Is to be considered sne qua non Of
terms Of the pro II needfu but not so as to interfere
with this utmatum."
These instructions and the prott give the views Of the
American Government in regard boundary line when
Mr. Trst left the United States for Mexico On the At
lantc side it 90 uF the middle Of the Rio Grande
to the point where il strikes the southern line Of New
Mexico thence westwardy along the southern boundary
OF New Mexico 70 the southwest corner Of the same"
On the Pacific side line from the Colorado to the
was TO be on the parallel with the southern boun
Diary Of New Mexico (which north OF the parallel
Of thirty two degrees"
After Mr. Trist arrived in Mexico he received inor
nation bearing the proposed boundary which he con-
sidered Of sufficient importance to communicate imme-
datey to his Government and TO suggest at the same
time the substitution in his instructions Of 32d degree in
place o. the southern line Of New Mexico He supposed
this change would give the United States point beoT ~
Paso. which considered important for military post
His letter is dated Puebla, June 3, 1877:
81 enclose letter addressed TO me by a gentleman
whose name will be communicated hereafter. Being
struck with the cearness and comprehensyeness well
with the business Of the views expressed by him in
yersation with me- requested him 70 commit the SUBJ
stance to writing; which be has obigingly done beg
leave TO call your attention to the part relating the
point bow the Paso del Norte which he attaches edt
importance in military point Of view. II deemed pro-
per- the boundary defined in my instructions might easily
be modified in accordance with this suggestion 50 far as
Bravo the 32d degree Of north latitude; thence das us
10 point south Of he southeastern angle II Nsu Nsco
thence due north 10 said angle thence along the western
boundary SC will add that he has the slightest
idea Of what my instructions contain on this or any other
subject"