The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-09-17

4
things visible TO the naked eye when looked the
map. and not the real truth Of tbngs when looked
words, Mexico said the ulitsd States i viii sell you
New Mexico. with is southern boundary running down
as close 10 the town called Paso appeafs
Disurnel's map The United States said Il viii take "a
as the line appears ON that map" #4att
Here is the whole naked fact and all the multiplication
OF arguments OF negotiations and books change or
mysiy (" These commissioners national survey
and nothing more" They exceeded their powers They
violated The meaning oil the treaty and The OF the
treaty makers. They did follow the map annexed 10
The treaty They dsegaded landmarks and natural OBJ
jecs which alone should have guided them, and they
line never intended or thought OF, and which changed
the position OF every place throughout region Of
country Their decision or award" therefore, cannot
be binding: ~ ..tta.
"ls, Il ,he arbators exceed the powers delegated 10
them by The parties, the award IL not bnding aud be
ns a. w q " s e.. ne
PimIIsy ii Easr iss Maaoma v Wilbsr. is John. a21
Jackson Amber d JOHNS SO; Mccormick v Gray g,
''i should be found that the prncp plies OF sw
which are applied 70 the consideration OF awards between
and nation here is one state Of facts shown
under which an award - no, final r-l
ChaBcellor Kent, vol r. ia in speaking OF tho obli-
.as Of 81 .ys sina 'sS
nation, private eon,,aes are bIadas Spon
and they are 10 receive far and liberal
cofdink 10 the intention OF the contracting pare and
be KEPT with the most sciopuous good fith Their meaa
Ink is 10 b. ascertained by The rules Of construction
and course Of reasoning which we apply 70 the nlep
ton Of private contlai,s treaty should IN fact b.
violated either by
ceedngs incompatible with particular of the
treaty. by Intentional breach OF any of It's articles
Tie treaty in such casr is not Absolutely void bu. void
able. at the election Of the ied parry " he ehoo;s
may waive or remit The infacton commued or he may
dem.ad Just Satisfaction, ,,l
no more hnal and conclusive than an award between nd
.2J 1.-THE arbitrator. committed plsia mistake OF either
law or iac the award be sci aside 10 support OF this
Pq,nii9,s We cite The following sa,s; y, William, csis
kes a.. by. sis Williams Patch.. 3 Y. 66s Ro-
ds.s ' as; ks zss ..s i
y Mccall, Bt, i2s; Lower Dnbin school y Paul, Bnn.
sd a? KY ha Johnson g. w aass E. ss
E,nn, sSa in note. Br 100 IN nse Rosy oveHon 3
Roiir. N. II s57; Anesv. Milva,d,s Tann, ss7."
But further the asiion OF the commission could be
binding because the only properly authorized meui
OF II Odd not agree 10 the line The surveyor for the
United States who formed part OF the commission, dsa
greed with The and would moi assent 10
the line proposed by Mr.. Bartlett;
1.-The power eonteod the surveyor and
was IN every feature, and 10 al! its terms JOINT power
This evident ron the reading OF the SIN nrtioe Il
The shall each sppoint
Diego &c. They .hsl keep ionInai., and make out
plans Of heir operations and The sesn, agreed uGon by
thing bat j'nt power TO be jointly exercised by The
this language treaty, il must found in st!achaa
\ meaning aud c9nsrnS9a ~ nlzin Engi,sh WHICH we
nree...ry 70 ooa.ita.e valid ne he could no, aeesae
that power OF ons, and less could Com
i The appointments made subsequently to Mr. Gra,'-
removal wanted the proper authority 10 make their
ton valid, and therefore IT Is unnecessary, though the
suhor OF this pamphlet has ably discussed the question:
i 10 enter into Il heie -.a ..l.a 81 t.t 81.
.sBut may he with the rguuen,, that mas
much the executive branch Of sernmen ia irus
orega ua,iop,, il duty The country abide by
whatever construction ihe executive banoh Cavern
meat puts upon "a tr"aty.p Esles .-as = Et
,f, t.a al
the executive Ire making power, has moi confirm
cd TIE ACTION OF the commissioners On the conIary,
the Senate In series o resolutions, teludiaed that
ton The question i sii open Tor adjustment, and the
government the United States may with perfect good
iailh set a.ide the decision OF the commissioners.
/ The writer then goes on to snow ID II ..af
Tna, New Me 1!co had in point Of e CT actual boun
iday the sou, and that the existence of dat boundary
Twas not oaY mater knowa from me laws OF the Mexi-
the li - years or more, AID that 81 - CORRECTLY laid Gown
Disturnrl. treaty map VITA references other kaovn
localities the surface OF the rsrtn notw outstanding The
leuot in latitude aud Longitude /"
He produces abundance OF evidence 10 show that The
Mes.la valley never did belong TO Chihuahua and that
ihi1 State exercised jurisdiction over II until Nj
Bartlett run his line. lie says:
.For IA. purpose proving that ,c State Chhrshua
did jr c,on over the Me,its valley.
10 speak the State OF Cbhnskua this anr.on, and
who are only presuned tho rruh but ~.
1885, was answered by Antonio Jacques aad Tomas de
Zpoaga under sahoy l,o'a The gors'nor and command
In tie last part OF article your eIceency states
the government the Unied has been lastly
dsros-essed Of The portion o. territory aforesaid but the 10
die treaty Of Ousuaupe, hrough respect 10 the
Msricaa treaty, nsue Of said territory,
~hstanding The Inhabitants peitioued tbs
author.irs
the boundary commission bad 10 aecofdsnce with the
treaty. dc Glazed that IL belonged to Araico. &c
Adiueing these facts. and taking the history OF the
country support ibem he proceeds next 10 "proye that
New Mexico did not only claim, bat IN lact exercise
Jurisdiction over the valley Of Msia previous 10 the
running OF The bouncay line
Major seen, report 10 ths adJnsBt general OF the
United States army, says;
From August, ls49 10 November, 1880, comm anded
the post o Oons Ans about hve mites shove the present
t,wn Of Me,ils o. tie opposite side Of the river.
n tie mouIh OF Mach, isis by mr. advice, Amer
rans and twenty thirty MrricRns crossed the and
CON IA need " settlement of the valley by opeaing
aceq ia through The bottom. At ,h.ir reqne i,d
eighty aces the time lett cpnntry
sment 10 New Mexico, and not Ia the SAFE OF Chi
4 hnahua.
"a lsrgr u,nbcr Of the people who settled the valley
/ State 81 Texas TkeY said 10 nr, We do not TO
live In Terss afraid OF the Texans, do
"a live 10 Mexico, Whtte shall N, be quietf We
vish 10 ~, 10 the United Stses' told
rver and settle the Ms sa valley which they did The
only o. lection they OF the Apache la
Idians told hem conld them and while wat
1 IN the country dtd IL tic 'uary.
THIS first settlement OF the Mssl, valley, and
up 10 Ocober $780, hes ri val
lev was in Mexico, IL tho @-acTal belief that Old
Mex did rxteud more than hve miles up
the RIO GsnGe on the plszs OF the town OF ~ Paso
'Ths cyens OF Mrsfls toied In New Mexico civil
ocefs md consi1ered uodsr The jurisdiction
oil the United Sa'os up the day left the Tord,ory,
which only lew dsys before the sysa OF Mr. Raf.