Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-05-07


Stunning to understand the official, professional, OF
scientific question involved in the line agreed on by
the Commissioners, or taking any part in that
controversy.
WASHINGTON, APRIL 30, 1858.
To the Editors Of tie National Iateuigsneer:
In your paper of the 23d instant notice was pub
shed of the movement of Governor LANE Of New
Mexico in attempting take possession of portion Of
the territory the State Of chihuahua BY subsequent all
vcestappear that the Governor has issued proclamation
in which he "retake possession of the disput
ed territory be held Professionally by the United States
until the question Of boundary shall be determined between
the United States Mexican Republic" Ii that
he had called upon the commanding officer of the ninth
military department and also upon the officer in COM
mand at Fort Fillmore, "a post within six or eight miles
of Mesla) to aid him in carrying out his plans but that
these officers declined have any participation in the mat
ter. He then comes with proclamation on lis " oca
official responsibility, and ahout orders from The Cabinet at
Washington in which he further declares Uhere his pro-
poaaL boundary, rather the initial point, upon the
Rio Grands is In order to show the correctness Of these
reports and indicate in the condition Of
things in the valley of the Rio Grande permit me to
quote extract from letter received yesterday, and
written by highly intelligent officer of the army
friend in this city, formerly connected with the Boundary
Commission The letter is dated Fort Fillmore IN. NJ
March %, 1853
81 now have another history to relate, and in
teresting to you it will bring you back to the
of your former labers. Governor Lane, of New
Mexico, announced the other day Dona Ana, and
of course we made ready to receive him with all the
honors. These he declined, but arrived here the
next day, and Immediately announced his intention Of
taking the town of Mesa, provided Col. Miles would
give him the troops His authority for doing the
Presidents message, rather the message of the late
President COL Sumner had refused to assist in this
terprse and had orestaled the Governor by issuing
ders that the troops should except by his Co
Sumners) command The Governor then said he would
have the town. that he wsud issue his proclamation and
raise the militia He left the next day to consult the
Americans at FL Paso i believe he found that had
the same opinions himself He returned to this post
and addressed Col Miles stating that he sorry
that he did not please Col Sumner and himself but he
did not think that part of his duty; that he 1.-THE Gov
emory knew what he about and had the best legal ad
vice. that the troops three hundred and fifty In number
were frgdly folding therar within five miles of the
mics of their country He enclosed copy Of his printed
proclamation in which he calls upon the United States
authorities seize this place. and notifies them that the
boundary line Professionally established the head of
the big Acequia of Ell Paso and would so-andso &c.
putting also in brackets that is without the authority
Of the President Who then, is Governor Lane, without
the authority of the President! And who order the
United States troops to commence hosttes? The Next
can authorities have sent all the horsemen they nd
and we have now a force Of five hundred armed
in front. But not scared If the President
Mesila and FL Paso both and establish base line for
operations chihuahua but cant idr and TIE Prssi
dent, and Congress am sure we take Mesia with
Oh much fighting, and Ell Paso is bonnie bouche."
The above extract confirms the correctness Of the
ports which have already reached 1t also shows the
principle which has governed the military officers Of the
ninth department in declining cooperate with Gov
Lane the acquisition Of territory and it indicates
Enthusiastically the opinions of both the Americans and
Mexicans residing in the valley Of the Rio Grande.
Allow me, Messrs Editors, to invite your attention to
brief consideration Of Of the positions assumed by
Gov Lane Whilst it is not admitted that other Of his
premises sound it does not within the scope of
my present purpose discuss them. The fourth para
graph Of the proclamation says:
The claim of chihuahua this disputed territory
believed 10 be based upon the unwarranabe assumption
that the Board Of Commissioners agreed upon boun
Diary line between Chihuahua and New Mexico, and that
their agreement in the premises was binding both upon
the United States and the Mexican Republic and there
fore final OAsreas raid agreement had not been made
and has not vel been made sad Board and moreover ne
VI B0ard has been virtually rspaaaea and nSI
~ Lls United States"
In the eighth paragraph it reads:
q, William Carr Lane Governor Of the Territory of
New Mexico, upon my official responsibility and
without orders from the Cabinet Washington do here
by in behalf Of the United States retake possession of
the disputed territory, 10 be held Professionally by the
United States until the question Of boundary shall be deter
mined between the United States and the Mexican Re-
public"
The ground taken in the above quoted paragraphs is
that ga valid agreement upon the position Of the initial
point Of boundary upon the Rio Grande and the deter
mnation Of the southern line of New Mexico westwardy
has yet been made that the action Of the Board
has been virtually repudated and nulfed by the United
States " and that the question Of boundary between
the Territory of New Mexico and the State Of chihuahua
Is not determined
The questions which propose consider are Has the
southern boundary line of New Mexico been determined
and is the agreement by which it determined a paiid
one. II is manifest that If determination has been
made strictly in accordance with the Of the treaty
it must be valid unless there exists power competent
to annu it. 1t becomes necessary then ascertain ls
what the precise Of the treaty I'd, if deter
ninaton of the boundary has been made conformablc
thereto and Sd, what power, any, revoke alter
or annul that determination
The Of the treaty far it relates the south
ern boundary Of New Mexico showni the fifth article
which is as follows. viz:
Art 5. The boundary line between the two Repub-
lies shall in the Gulf Of Mexico three leagues
from land opposite the mouth Of the Rio Grande other
wise called the Rio Bravo del Noe opposite the mouth
of its deepest branch If il should have than
branch emptying directly into the from thence up
the middle Of that river following the deepest channel
where il has than one The point uke strikes The
southern boundary Of Nsr Arco thence Weswardy along
he ohoe southern boundary Of NsV Merico (which
north Of the town called Pa5o its western termination
thence northward along the line Of New Mexico
until il intersects the first branch Of the river ella
it should intersec any branch Of that river then
the point the sad line nearest 70 such branch, and
thence in direct line to the same thence down the mid
die Of the said branch the said river until