The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-06-11

and that his assent is essential to the "agree-
ment" required by the treaty.
It's argued that the appointment of the frs,
surveyor who signed the boundary was ille-
gal. because the commissioner had no power to
make such appointment,
1t is also alleged by the surveyor, Mr.. EMO
ny, that he ''presumes it was never intended
: should give my certificate a. Astronomer
and Surveyor to the correctness of the deter
mlnation Of point which had been deter
mined by the observations of others, and
without consultation or advice of mine. On
the other hsnd, u do not foT moment doubt the
power Of the Government to instruct me on
the subject, or hesitate as to nv duty to
obey its mandate, which understand as re-
qulring only to authenticate the initial point
agreed on by the commissioners of the two
governments"
Mr.. STUART, however, says in his last re-
port: 'ln my Judgment, neither the Department
of the Interior, nor the Executive, nor Con-
gress, have any power to regulate or control
the action of the officers designated by the
treaty of Guadalupe Hidalgo to perform the
duty of ascertaining or marking upon the sur
face OF the earth the line between the two
Countries"
30 the surveyor seems to be left to his own
opinion of the true boundary, and has expressly
declared that he does not express his own
opinion In the act of certifying the opinion of
the commissioners.
The plain definition of the surveyors powers
must be left for adjustment to the contracting
parties.
In the mean time we see no cause of war
with Mexico, although, as we before said, there
are "the preliminaries of war" in the position
taken by the United States and Mexico re-
spectlvely, as well as in the military prepare,
tons and hostile spirit of the government of
SANTA ANNA.
Although the title to the Meslla is, in our
opinion, in the American Government, there
are other methods of settling the difficulty
provided for by the treaty; these will no doubt
De resorted to, unless some imprudent act upon
the part of the Government or citizens of either
country should precip plate hostilities.
There is yet another mode of adjustment.
The sixth article of the treaty provides that
"ARTIcLE vi. The vessels and citizens of the
United States shall, in all times, have free and
uninterrupted passage by the Gulf of California,
and by the River Colorado below it's confluence
with the ella, to and from their possessions stu
ated north of the boundary line defined in the
-
passage is to be by navigating the Gulf of Cali.
fornia and the River Colorado, and not by land
Without the express consent of the Mexican gov
erament.
''If, by the examinations which may be made, it
should be ascertaned to be practicable and advan-
tageous to construct a road, canal, or railway
which should in whole or in part run upon the
River ella, upon its right or its left bank with
in the space of one marine league from either
margin of the river, the Governments of both Re.
publics will form an agreement regarding its con-
struction, in order that it may serve equally for
the use and advantage of both countries"
Here, then, is another object of importance
to the United States. The disputed territory
includes the gate of the route by way of the
Gila. The United States now wish to examine
the whole country west of the Mississippi for
the best railroad location to the Pacific. The
route running to the south of the ella, and
along its margin, is considered amongst the
best routes. Let, therefore, our minister OBJ
tain the agreement " of Mexico to run
railroad upon the banks of the ella, or gene
raj right of way across her territory when ne
cessary, and not south of an agreed parallel of
latitude. Let the Government of the United
States include this amongst other subjects of
dispute with Mexico, and make final and sa-
tisfactory adjustment of them all.