The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-04

the government
When the line 80 degrees % minutes was
agreed upon by Messrs. Bartlett and Condo. Mr..
Gray, the surveyor, had not arrived, and Mr.
Bartlett, as he says, with the consent OF General
Condo, appointed an acting surveyor, Lieut..
Whipple. The convention, or agreement, decla-
ratory of the southern boundary of New Mexico,
which was entered into on the Gath April, 1851,
was signed by Commissioners Bartlett and
Condo. and by Messrs. Salazar, the surveyor on
the part of Mexico, and Lieut.. Whipple, as the
surveyor on the part of the United States.
Subsequent to this, Mr.. Gray-the regularly
appointed and commissioned surveyor-reached
the line, but protested against it. and refused to
give it his sanction. The work on that portion
Of the line was then suspended, and the whole
subject reported to the Department of the Inte-
rior, at Washington, for advice. The then Sc
cretary of the Interior, Mr.. Stuart, held the
opinion that the determination of the boundary
line was referred to the commissioners alone.
under the treaty, and that he could not, with
prorriety, give them instructions on the point
submitted Mr Gray was directed to afix his
signature to the necessary papers, to authenti-
cate the line agreed upon by them, but before
those instructions reached him he was removed,
and Major Emory, who had been previously ap-
pointed to supersede Colonel Graham, as chief
astronomer, was appointed and commissioned
as surveyor, with similar instructions. When
Major Emory reached Ell Paso he found that
Commissioners Bartlett and Condo had left for
the ella river, and that Colonel Graham had
commenced the survey of the Rio Grande from
the initial point downwards. He relieved Col.
Graham, and continued the survey Of the river
until the commission was withdrawn from the
field in the fall of 1852.
In August, 1852, Mr.. Salazar. who succeeded
General Condo as commissioner on the part Of
Mexico, met Major Emory on the Rio Grande,
and presented for his signature, and urged him
to sign, certain maps, representing the Rio
Grande so far as it had been surveyed below the
disputed initial point Major Emory at once saw
that as this survey started from the disputed
initial point his approval of the maps would
incidentally involve that point, and, in order to
do nothing which would commit the govern
ment of the United States, refused to give an
unqualified approval of them, but certified them
as showing the boundary line agreed upon by
the two commissioners, April 20, 1881, " not as
some have supposed, the boundary line agreed
upon by the joint commission required by the
treaty, composed Of a commissioner and sur
veyor, duly appointed by the two governments.
1t is not presumed that Mr.. Bartlett's APP
pointment Of Lieutenant Whipple as acting
surveyor was an appointment by the
government" of the United States, the
appointing power of this government being
lodged in the President alone, during the re-
cess of Congress, and without authority to
delegate it. This would seem even to have
been the opinion of the late administration, or
why was Mr.. Gray, and afterwards Major
Emory, instructed to do that which had already
been done by Lieut.. Whipple under Mr.. Bart
let's appointment? No surveyor, regularly
appointed by the government Of the United
States, has sanctioned and approved the line as
agreed upon by Commissioners Bartlett and
Condo, and consequently the matter is still an
open question.
In confederation Of the view that under the
treaty the commissioner and surveyor are joint
officers. it may be mentioned that in the treaty
Of 1888 with the republic Of Texas a precisely
similar clause occurs. and the official records
of that commission show that the maps. journal
and boundary. were all authenticated by the sur
veyors as joint officers with the commissioners.
Such being the state Of the case, it is clear all
Mr.. Bartlett's official acts not endorsed by the
rar ~ a1 o,,-u pulJ nj
void, and will so be considered by our govern
ment. Mr. Campbell, the newly appointed COM
missioner, has been directed to pursue the sur
vey of the line where it was suspended by the
withdrawal Of the commission last year. leaving
the determination OF the initial point for future
settlement and adjustment by the two govern
ments.
Whilst it is evident the present administra-
ton views the true initial point as being about
eight miles north of Ell Paso, as we have al
ready demonstrated, still no attempt will be
made to enforce this view in any other way than
by peaceable and friendly means, such as be-
comes just nation when dealing with a weak
power. But we have little doubt, whilst
no attempt will be made on our part to occupy
the disputed territory" the Valley OF Meslla'
neither will Mexico be permitted to seize it.
1t must remain neutral ground till the boundary
is fixed according to the terms Of the treaty.
There is every reason to believe our Minister to
Mexico General Gadsden-will be INSTRUCTED to
make this explicit declaration to Santa Anna
Immediately upon his arrival in Mexico and
that General Almontc, the Mexican Minister.
will receive similar information when he reaches
Washington.
There is yet another feature connected with
this question which must be kept in view as not
the least important. From the information Of
fcially communicated to Congress from the
Typographical Bureau, it is believed the only
feasible Southern route to the Pacific, in the
direction Of the boundary of Mexico, is by
what is known as Lieut.. Col. Cookies wagon