The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-19

generous disposition Of the citizens Of the United
States, leaving TO the town Of Fl Paso its authority
over the canal, witch il matter Of vital Importance
to the interests Of the said town.
have conceded 30 much as to propose, as provi-
sional boundary line, starting point above the
canal.
admit that the boundary line, as it is laid down
on Disturpes man. fixes the limits north of the line
laid down in the decree: still there ID little chance
that it should go as far Frontera and II II should
hereafter happen that Junta OF commissioners
should FIX the said line south of the canal, and the
inbabtants of III Paso be thereby deprived of their
authority ever the same the fault of this ieparabe
loss would be mputabe to yourselves and not to the
| government of the United States
Your Exeelencies affirm that the line now exist
ing has been in conformity with the provisions
of the treaty of peace that it has been duly ratified
by the United States and that the territory situated
petent authorities of the United States.
In all these statements your Excellencies will par
don me- if you that you entirely in error;
and beg that you will allow me to introduce the
testimony of Mr.. Commissioner Bartlett himself, in
order that your Excellencies may see that it was
Illegally recognized by him and the Mexican COM
mission.
In despatch of Mr.. Bartlett, directed to the Sc
cretary of State at Washington under date OF May,
1851, that gentleman says:-
" In conformity with the treaty of Guadalupe Hi
dalgo, the presence of the surveyor is necessary in
this matter(hat of fixing the initial point on the
in very delicate position-one, too, the more per-
picking from the fact that the said treaty expressly
declares that the surveyor in chief (no less than
the commissioner shall be appointed by the govern
ment, and no provision has been made for contin-
gency like the present one. ! have not been en-
powered to appoint person to act pro tenn as sur
veyor This difficulty was expressed to the Mexican
commission who stated in reply that all the
arrangements had been made on his part to proceed
with the work, and that he trusted that we would
proceed in conformity Herewith. DESTROYS that no
obstacle that it lay in my power to avoid should III
terere with this important matter did not hesitate
TO make known my willingness to take upon myself
the responsibility Of designating person who might,
pro tenn take the place Of MIR. Gray, provided that
the Mexican commissioner would, in the name OF his
government consent to this arrangement and III this
way cbviate any supposed cause OF complaint in fu-
ture ON the part of the said Republic. To this Gene
raj Candle gave his assent and selected Mr.. Ayo
Wbipple to perform the duties of acting surveyor"
Your Excelencies will, from this extract, perceive
that Mr. Commissioner Bartlett sincerely admitted
total want of power to appoint Mr.. Lieut.. Whipple
surveyor in the place OF Mr. Surveyor Gray nay,
further that this measure on his part was only taken
for the sake Of eXpediency. From this, II must ne
cessarily result that the boundary line which was a
forwards run, under the direction OF Mr. Lieut.. Whip
pie, acting Surveyor pro teD OF the United States
was line merely Of convenience or, in other words
subject to the appreciation reputation OF either or
both Mexico and the United States; and that it has
been revoked by the latter, shall prove to your Ex
ceencies. The initial or starting point was laid IN
front of this town April "a, 1851, and Mr.. Gray did
not come within the district until time after.
On the 18th day of July Mr. Gray protested, in
writing, against this point as it had been laid down.
as also against the line which had been run to the
west from said point, as the ground OF there having
been committed gross and palpabe error and ne IN
sisted that the should be corrected that Ope
ratons should be suspended until decisive instruc-
tons should be received. With both of these reason
able propositions Mr.. Bartlett refused to comply The
initial point is situate at thirythree degrees twenty
two minutes, while Mr.. Gray insisted that it should
be laid about thirty degrees to the south-that
is to say, at about thirty one degrees fifty two
minutes, which point is situate about eight miles
north OF the town of Ell Paso. Your Excelencies
will allow me to annex portion of Mr.. Gray's ener-
getc protest against the provisional line Of Mr. Bart
lett
!" And now, Mr.. Bartlett having expressed my
views on tits subject, and seeing that am the Sur
yeyor regularly commissioned by the United States
to assist you, and cooperate with you, would 3D.
wise an immediate suspension Of the work now going
on along the line which the Mexican officers are
running, and that you inform them that the final
determination with regard to that line may vary
through the want Of the confirmation and assent OF
your colleague.
| hope that my reasons will be clear and conclu-
sve with regard to the true position OF the Southern
line OF New Mexico, and shall feel very sorry at the
loss of time resulting from the necessity OF once
more going over this small portion o. the line; but
it is tie duty Of yourself and myself, (and also
view ii in the same light with regard to the Next
can COMMISSIONER if We have gone wrong, or COM
mltted any from want OF the necessary infor-
nation, or from any other cause, and have become
convinced of the same, to consider ourselves bound
to correct it.
IL is a serious and grave responsibility that we
have upon Us. The two governments have placed
their rights in our hands, that we might resolve
them legally, and according TO the dictates OF our
conscience. | feel confident that the principles of
the Mexican officers, as well as the elevated tone
which they appear to have adopted IN their inter
with US, will induce them to recty any error
into which they may have iallen
In he att which
Diary matter, have not considered the value of
portion OF territory more than another think that
the Mexican representatives will be found to have
acted likewise.
If we should have to suspend for time the work
on our portion of the line, by reason of difference
of opinion, or any other cause, we may go on and
determine some other part so that in case we should
not agree "a to the southern boundary line, and
should therefore have to refer to our respective go
vernments, the work on the ella may progress,
should it be deemed eXpedient" To these reasona-
BILE propositions Mr. Bartlett turned deaf ear, and
obstinatey insisted upon his established line, with
out the concurrence of his colleagues, even though
the latter had shown the said line to be wrong.
Your Excellencies have read the treaty of peace
with care, ard will agree that the functions OF Com
missioner and Surveyor are indispensable.
And that, moreover, each of these functionares
must be appointed by his own government, but in no
other way. And, your Excellencies having conclu-
sive evidence before you that Mr. Bartlett, Commits
soner of the United States had acted without the
cooperation and consent Of his lawful colleague and
against his protest your Excellencies must in SINGER
ity admit that his action in the matter entirely
invalid, unless subsequently ratified by the United
States. Instead of being ratified they repudia-
ted.
The acting surveyor, Mr. Whpple, appears to have
acted merely astronomer and surveyor, without
having had any direction as to the two boundary
lines, but it is evident from the following extract,
taken from published letter Of his, that he did not
approve OF the existing line:-
1.-The lines OF latitude and longitude not being
mentioned in the treaty, should not be followed, for
from the inaccuracy with which the longitude of the
RicGrande is laid down. it would follow that the in
tention Of those who framed the treaty would be
frustrated
But III Paso being a point mentioned in
connection with others in the treaty, it cannot be
lost sight Of aud the intention that the distance
of the northern line should in fact be represented
the map.
From the point Of beginning there should be drawn
line directly to the west, three degrees in longitude
and afterwards directly to the north, to the point
where the line intersects the river ella. This appears
TO me to be the most accurate, and at the time