The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-06-18


BY the qualification which the surveyor has
attached to his signature
To this it is replied that the Government Of
The United States has-according to uucon-
tradicted belief-disavowed the Commission
report. II, then, the surveyors signature
binds the United States in its relations with
Mexico, the disavowal Of the report by the
Executive and Senate will annul the act so
tar as the United States is concerned, because
the Government will not execute the Commits
slon's report by the formal publication aud
adoption Of the same as the public law of our
national boundary.
The refusal of our Government to execute
the Commission report will involve an adjust
ment Of the boundary question by the method
fixed by the treaty for settling international
differences with Mexico, or in case of collision
between the two powers, in a manner more
summary, and greatly to be deprecated
But the understood position of the Govern
ment reopens the question, how far the report
OF the Commission is in conformity with the
acquisitions of the treaty 1t therefore becomes
again legitimately domestic question how
far the Government is justi6able in having
taken the position.
The signature of Mr.. EMORY seems, accord
ing 10 his report to the Department of the
Interior, to have been given under the circum-
stances thus set forth:
Therefore, on the 2sth of August, signed the
walton contained in the paper, a copy of which ia
herewith sent, marked A, signed conformity by
Mr.. Salazar and myself and the statement there
in referred to- setting forth the face of the maps
that it was the boundary line agreed upon by the
tco commissioners, April 90 1851"
From this document it appears that the act
of signature gave notice of its own imperfec-
ton. The statement signed conformity by the
American and Mexican surveyors sets forth
that the boundary certified is the boundary
''agreed upon by the two commissioners" 1t
is therefore not.the boundary agreed on by the
whole Commission. A report in formal execu-
ton of the treaty would have required the
signature of all the members of the Commission.
signifying their intelligent and unqualified
agreement upon the boundary. No other re-
port could be in this view obligatory upon
either Government, and the qualified signature
by which Surveyor EMORY testified that the
boundary was that "agreed on by the COM
the Boundary Commission as the treaty con-
templated, and Of this Mexico had notice.
We therefore think that the Commission
report is not binding upon our Government as
public act:
/. Because it is informal and imperfect.
2. Its informality is patent, and Mexico had
thereby notice of its imperfection.
Upon the circumstances attending the sigma
ture by Surveyor EMORY we need not COM
ment. But they are attended with much en-
tanglemeht:r The Secretary of the Interior in
his last annual report expressly declares:
SIN my judgment, neither the Department of
the Interior, nor the Executive nor Con gress have
any power to regulate control the action of the
officers designated by the treaty of Guadalupe
Hidalgo to perform the duty of ascertaining or
marking upon the surface of the earth the line be-
tween the two countries"
MAJOR EMORY says that he gives his sanction
to the boundary report under instructions, which
ne has no doubt are obligatory upon him. The
Instructions to Mr.. BARTLETT, quoted by Major
EMORY, are apparently inconsistent with the
disavowal of Mr.. STUART. They direct the
surveyor ''to defer to the Commission until the
case is submitted and described by the De-
partment."
Here IS case of cross purposes.
The Department of the Interior sent the
surveyor TO obey the commissioner but re-
serves the paramount right to describe" the
course of action to be pursued in the event of
a difference of opinion between the two officers.
The surveyor has no doubt of the power of
the Department to instruct him, and therefore
obeys the instructions, with written protest
that he does not give his own opinion upon the
subject. The Secretary of the Interior subse
quently dlsclalms any power to regulate or con-
troll the Commission in any manner. 1t must
follow, upon every principle of ratiocination:
/. That the surveyors signature, given I'M
der an erroneous belief of an obligation to obey
instructions, and with an express qualification
that 1t does not express his own conviction, is
void.
2. That the report of the Boundary Com
mission is not obligatory upon our Government,
because it is an incomplete and informal exc
cution of the treaty obligation, and is so appa-
rent upon its face.
We are gratifed that the Pribrnle advocates
the obligation of the Commission report as "a
peacemaker;" and we hope that the same ami
cable intentions may peryade its relations to-
wards Its own fellow citizens; and that, when
1t in effect proclaims peace with Mexico, it will
not foster sectional warfare at home Our pur-
pose also is peace, though our method is differ
ent. We believe that the American title to
the Mesiila is valid. We deem it best to show
an united front to Mexico upon that subject.
1t has been alleged that party divisions of the
United States have encouraged Mexico in the
delusive belief that she would find party to
sustain her. Such a fatal and tallacious idea
may again encourage her, which may perhaps
close with the loss of her remaining territory.
In kindness to her, therefore, let there be no
party divisions upon this question. Let her now
understand that Americans have no party up
on questions which involve the honor of their
II