Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1853-05-07

reliuquish to the United States all north of 80
deg. % min, which was her limits, according TO
the map of Disturnel determined by the
chief astronomers, Lieutenant WhippIe, on the
part of the United States, and Senior Salazar on
the part of Mexico; and in conformity with their
report, established by the commissioners OF the
two Governments.
The ''unwarrantable assumption" or Chihua-
hua, as Governor Layne is pleased to call it,
consists therefore, in retaining possession of dis
trict she had always possessed and over which she
had always exercised jurisdiction, which ia ac-
coded to her by the treaty map, and all autho-
rized and authentic maps; by the official report
made by her engineers in 1886; by various
printed works on the country previous to the war;
and lastly by her constitution. These are the
grounds on which chihuahua bases her right of
occupancy.
The assertion that "a valid agreement had not
been made, and has not yet been made, by said
board" is contradicted by the official records of
the joint commission.
"iThe action of the board has been virtually re-
pudiated and nullifed by the United States"
says Governor Lane.
This reputation and notification by the United
States consists in an unfavorable report of com
mttee of the Senate, which bad heard only one
side of the question. The following extract from
the 5th article of the treaty of Guadalupe Hi
dalgo will show whether treaty stipulation can
be '.repudiated and nullifed' by report of a
committee of the United States Senate which
Governor Lane seems to imagine as the final ac-
ton of the Government, and upon which he
bases ono of the grounds for his proclamation.
THE two Governments shall each appointa commits
sioner and surveyor who before the expiration of
year from the date the exchange of Publications ofths
treaty shall at the pot of San Diego, and
to and mark the said boundary in its whole
to the middle ofthe Rio Bravo del No,se. They shall
keep journals and mike out plans Of their operations
and tho result agreed upon by them shall be deemed part
ofis treaty, and shall hare The same force as If ii ce,s
inserted therein.
"1Ae 5omndaryh line established bytis article shall be
,egiouly respected by each Of the tro republics, and
free consent of both nations. lawfully given by the General
Government Of each, in conformity with its const
tuition"
Governor Lane continues:
rs Each Of the high contracting parties to the treaty
ofGuadalupe &c re ecessae tacity reserved the right
to accept reject the decisions of the Board oil Boun
dairy Commissioners and fthe board assigned the city
of Chihuahua and the country north oft the United
States the city of Santa Fe and the country south Of
it to the Mexico republic the action OF the board would
certainly not have been regarded as inal'
know of no right by any individual "to accept
or reject the decisions of the Board of the Boun-
dairy Commissioners" But Governor Lane is
quite right in supposing that ''if the board had
assigned the city of chihuahua and the country
north of it to the United States, or the city OF
Santa Fe and the country south OF it to the Mex
lean republic, the action of the board would Ger
tainy not ave been regardedas 6nal;" for such
an signment would have been at variance with
the trenty and the treaty map:
SO. Ever since the territory in question thus for
chilly and illegally annexed TO the Stale of Chihuahua
that State has signay failed 10 protect the nhabitant
of the itory their rights of person. of property and
of conscience and moreover has made reasonable
defence against border Indian depredaons, and there
by prevented rscamaons against the United States OF
| the property taken by the Indians
| No force has ever been used by the State of
| chihuahua to obtain possession of her territory
to which alusion is made; but it is true that she
has failed 'to protect the inhabitants of the terri
tory 10 question:" against border Indian depre-
dations,' in the same manner that Texas and New
Mexico have failed to protect their people from
similar depredations. So with regard to the pro-
lection of the inhabitants of the territory lin dis
pute) in their rights ofperson and property tho
| Mexican authorities have doubtless been lax in
the administration of justice 10 the Meslla val
ley. But our authorities should say little as
possible about the protection of the inhabitants
along the Rio Grande in their rights of property;
for piteous tale could be told of outrages COM
mitted by Americans on the Mexican population
| our side of the Rio Grande, which compelled
shem to abandon their homes in 1885, TO seek an
asylum within Mexican territory, and found a
colony in the MescilIa valley.
81 The present revolutionary condition of the Mex-
can republic precludes the hope OF adequate protection
being afforded by that republic to the inhabitants in this
disputed territory for the time being and large OF
the inhabitants claim the protection of the United
States and solicit the remuneration of their territory
New Mexico, from which it was illegally wrested by the
| Sta of chihuahua"
The Mexican people will doubtless feel deep
| sense OF gratitude to Governor Lane for his prof.
fered protection, at a time when they think pro-
per to make change in their government and
better their condition. With regard to the state
men that IA large portion of the inhabitants now
claim the protection of the United States and So
lict the remuneration Of their territory to New
Mexico" can assert, on authority obtained by
me in New Mexico and chihuahua, that the
whole population of the Mesia valley consists
chiefly of people from New Mexico and Tex
as, of Spanish descent, who, failing to receive
protection from authorities after the late war
with Mexico, colonzed that place.
Up to the present time nothing official has
been made public by the Government in expla-
nation of the boundary established by me as com
missioner on the part of the United States, ex-
cept what was contained in Mr. Secretary Stu
arts letter to the President in October last. On
my return from the survey in February last,
presented, to the Department of the Interior,
such facts as could hastily bring together in elu-
cidation OF the question, accompanied by five
maps, which document was called for by the
Senate and ordered to be printed. The letter
contains the facts embraced above in extenso,
with many others, and enters largely into the
question of what was understood by Mr. Secre-
tary Buchanan and Mr.. Trst as the boundary
defined in the fifth article of the treaty OF Qua
daupe Hidulgo. When this document appears,
| have no hesitation in saying that it will be
conceded by all that Governor Lanes pretensions
cannot be sustained.
JNO. R. BARTLETT,
| Late United States Commissioner under the
fifth article of the treaty of Guadalupe Hidal-
| 60.
Providence, R. l., May 2, 1850.
KPhilip Allen. Democrat. has heAn alectad q