Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1853-05-12

It Is not true that she lidsers Of the Commis%
sioner aud Surveyor vere coordinate, cthcurrent
or equal They wore entirely distinct, and so
considered by all until long after the Surveyor
first set up caiuis TO official equality, and even
superiority. This assertion is sustained by all
president 1t was the view taken by the late
Administration after the attention of Mr. Webster
had been especially directed towards the sub.
lect. The distinguished Secretary Of State.
whose fame as a juri,t is world wide, and whose
judgment point OF law was rarely questioned
--happeued to differ with Surveyor Gray TO
tile extent of his powers. To whose opinion
will the public attach most weight! Itremains
for those who do not submit to such authority
to point out any similar case, where a differ
emf construction was ever sustained. There Is
nothing in the treaty, aud there was nothing in
the appointment of the Surveyor confering upon
him any diplomatic powers, or infering that he
was to exercise any such functions. He is emf
nent a. an engineer but where. ask. did he
acquire any title to diplomatic honors! In
what school did he gather the experience
which would warrant his selection diplo.
matte agent! Does anybody suppose he was
selected with any reference to his qualifications
for such duties All the instructions which
have ever been issued by our government relative
to the prosecution of the work, we're addressed
to the Commissioner alone. The Surveyor and
all other persons appointed 60 take part in the
operations of the Commission we're directed to
s.report" to him. Do officers of any grade usu-
alIy report to other than their superors T.
Every act of the late Administration, as we'll the
Administration of Mr.. Polk relating to the boun.
iary recognized the Commissioner as the chief,
and the Surveyor subordinate. There is
nothing in the treaty conflicting with this view,
or indicating any other duty of the Surveyor
than that of making the line upon the surface Of
IL ,Eo no had
to an understanding upon the questions OF
a diplomatic or political character The set
Element of the initial point was such ques-
ton, arising under the treaty, and necessarily
involving inquiry into its purpose and mean ming.
That settled, tho duty of the Surveyors com
menced and those of the Commissioner ended,
except SO far as he was bound to exercise gene
raj supervision over the work, to keep his journal,
&c., as the letter of the treaty provides. The sg
natures of the surveyors were not necessary as
expressing their appreciation of the principles
settled by the Commissioners, but simply to at
test the genuineness ofthe papers to be plac ed
ON file by the respective governments, and it sat-
| isfed that they had run the line in accordance
wit h the governing principles laid down by the
| Commissioners, the Surveyors had no choice but
to sign the documents.
| Even were all this not so; admitting, for argu-
ment sake, that the powers of the Surveyor and
| Commissioner were equal In the determination Oh
the political questions involved, Mr.. Grays failure
to assent to the line run cannot intadate the
agreement made by the other members Of the
Board it is still binding upon the respective 60
vernments; it is we'll established and very sim
pie principle of law that where public authori-
ty is given to joint commission to act in reg gard
to any matter referred to them, the decision Of
the majority is binding upon the whole. Unless
something can be found in the treaty of Guadu-
lnpe Hidalgo excepting this case from the opera
ton of that principle there must be an end OF
the discussion. That no such special exception
can be found upon most careful examination, any
one may satisfy himself who will read the treaty.
| Then, three out of four OF the members of the
Board-constituted exactly as MIR. Gray contends
it is-having come to an agreement upon the ini-
tia point, and the line having been run and
marked correctly with reference to that point,
the result announced by them must be taken as
conclusive upon the respective countries; and the
conduct of the surveyor in refusing to go through
with the form of appending his signature is about
as excusable as would be that the Speaker of the
| House of Representatives, should he refuse to
sign properly engrossed act which had passed
both branches of Congress-.