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governments of both republics will form an agreement regarding its construction, in order that it may serve equally for the use and advantage of both countries."

Although you are not required to make the examinations referred to in this article under the appropriation made by Congress on the 12th August, last, which is limited to the expenses of running and marking the boundary line," yet the President would be gratified if you could cause these examinations to be made incidentally, without seriously interfering with your appropriate duties. The inquiry is one of great importance to the country; and any information which you can communicate to the department on the subject will be highly appreciated by our fellow-citizens.

Major Emory has received from Major Graham, under my instructions, all the instruments belonging to the department which he believes to be suitable for running the boundary line between the two republics. In a report which he made to the department, dated at New York on the 4th. instant, he states that these are not sufficient, and furnishes a list of those which will be required. Several of the latter he deems indispensable that he should carry with him, to wit: 1 box chronometer

$285 00 1 heliotrope

100 00 1 reconnoitring glass

50 00 1 portable astronomical telescope

190 00 4 nautical almanacs, 1849

10 00 1 copy catalogue stars, B. Association

20 00 1 set of charts, coast of California

2 00 1 Daniels's hygrometer

15 00 4 Hassler's logarithms, at $1 each

4 00 6 thermometers, at $4 each

24 00 6 observing lamps

15 00 4 cases drawing instruments, at $10 each

40 00 4 bottles ether (sulphuric.)

bushel plaster of Paris. observing tents, at $40 each

80 00 1 equatorial stand, price estimated at

100 00 In your absence, the President has not hesitated to advise him to purchase these instruments, not doubting that you would promptly pay for them out of the appropriation. As it will be impossible for him to reach New Orleans before the 28th instant, you will not take your departure thence until after his arrival. The President has determined that your salary shall be at the rate of per annum, and that of the surveyor at the rate of $

per : annum; but should Congress, before its adjournment, fix your salaries at different rates, this will be the guide in settling your accounts from the beginning.

The military escort, on the part of the United States, to accompany the commission, has been placed by the President under the direction of the Secretary of War. I am, sir, very respectfully, your obedient servant,


Commissioner, fc.


Washington, March 15, 1849 Sir: I have to inform you that Congress, at its late session, omitted to pass any act prescribing the amounts of the salaries of the civilians at. tached to the commission of which you are the head. Consequently, unul this omission be remedied, compensation for your services as commissioner, and for those of Mr. Gray as surveyor, cannot be lawfully paid; and no charge for salary, on the part of either of you, can properly form an item in the statement of your account to the treasury. Ii will, therefore, be necessary, in any drafis which you may have occasion to make on this department for the purpose of carrying your instructions into effect, to make them, on their face, chargeable solely to the appropriation for the 66

expenses of running and marking the boundary between the United States and Mexico," leaving the salaries to be settled at some future day by Congress. I am, sir, respectfully, your obedient servant,

JNO. M. CLAYTON. To J. B. WELLER, Esq., Commissioner of the United States under the

5th article of the treaty of Guadalupe Hidalgo.


Washington, June 26, 1849. Sir: The President having thought proper to appoint you the commissioner on the part of the United States for running and marking the boundary line, under the 5th article of the treaty of Guadalupe Hidalgo, I transmit your commission in that character. You will also receive herewith a copy of the several instructions which this department has addressed to your predecessor. It is not considered that you will need any further instructions at this time. I would, however, invite your special attention to the necessity of the regnlar transmission of your accounts and vouchers for settlement at the Treasury Department, as those instructions require. Any drafts, also, which you may have occasion to draw on account of the expenses of the commission, must be addressed to the Secretary of State, and not to the Secretary of the Treasury. You will also forward to this department a full list of the persons (other than military or naval) in the service of the commission on our pari, with the rates of compensation allowed to each, and will apprize the department of any changes therein which may from time to time take place.

Your compensation, as well as that of your predecessor, will be settled by Congress at their next session. I am, sir, respectfully, your obedient servant,


San Franci co, Culifornia.


Washington, June 26, 1849. Sır: Your letter from Panama, under date of the 20th March last, marked No. 1, has been received.

It is to be regretted that you should have omitted to comply with that part of your instructions which requires you to furnish the department with a list of the persons employed to assist you in the discharge of your duties. In the absence of such a list, and of a statement of the compensation stipulated to be allowed to each person, it is impossible for the department to form an estimate of the probable expenses of the commission. Your instructions also direct you to transmit your account of those expenses at the close of every quarter, with the vouchers requisite for adjustment of the account at the treasury. The first quarter since your appointment expired on the 31st of March last; but, although large sums had been advanced to you previously to that time, no account or vouchers in support thereof have yet been received from you. Under these circumstances the department has deemed it necessary to suspend the payment of your drafts, of which a memorandum is subjoined.

The President having thought proper to appoint Mr. J. C. Frémont the commissioner on the part of the United States to run and mark the boundary line, under the treaty of Guadalupe Hidalgo, you will transfer to him all the papers and other public property in your custody, relating to the duties of that office. I am, respectfully, your obedient servant,



Washington, June 29, 1849. Sir: In a letter from this department, under date the 26th instant, you were informed of your appointment as commissioner of the United States, under the 5th article of the treaty of Guadalupe Hidalgo.

With that letter, one addressed to your predecessor was also transmitted, which, however, it is deemed advisable you should not deliver or forward to him until you are about to enter upon the duties of the office. The letter for him which is herewith transmitted, you will consider as addressed to yourself, when you shall have communicated to him that above re

ferred to.

I am, respectfully, your obedient servant,



Washington, June 28, 1849. Sig: Your letter from Panama of the 15th ultimo, with the accompanying lists of persons in the service of the commission, was received at this department on yesterday, the 27th instant.

The difficulties which you anticipate in regard to running and marking the boundary line from the Pacific towards the Rio Grande may be realized; but, without actual experience of them, it would be premature even to take into consideration your suggestion as to reversing that course, and beginning the demarcation at the eastern end of the line.

Inasmuch, however, as the starting point for tracing the boundary, as well as the proctedings of the joint comn.ission with reference thereto, is prescribed by the treaty, it would seem that the Executive of neither gove ernment has any discretion in regard to them, or any more right to change them than they would have to change the direction of the line itself.

If it should be found to be impracticable to execute the duties of the commission as the treaty contemplates and enjoins, a supplementary article will be necessary to impart validity to any deviations therefrom.

It may, as you suggest, be advisable occasionally to make presents to the Indians who may be met with along the route of the commission. Care. ful discrimination, however, will be necessary in selecting articles for this purpose. They should be acceptable to the Indians, but not such as would enable them to injure the commission, in case their permanent good will should not be secured. The cost of the presents, also, should be moderate, and our share thereof should bear a just proportion to the fund appropriated by Congress for the expenses of the commission.

Upon this subject, however, you had better consult and make some arrangement with the Mexican commissioner. If presents should be indispensable, they would be for the common benefit of both parties, and both should equally share the expense. I am, respectfully, your obedient servant,



Washington, July 20, 1849. Sir: I have received your letter of this morning, and have to inform you, in reply, that by the act of 28th August last, a sum of $50,000 was appropriated “ for the expenses of running and marking the boundary line beiween Mexico and the United States, and paying the salaries of the officers of the commission;" that of this sum, Commissioner Weller has received, in a payment in advance, and accepted drafts drawn on the Department of State

$33,325 00 That vouchers in support of his disbursements have been

received (but have not yet been passed by the Fifth Auditor) for

24,849 32 Leaving overpaid, and wholly unaccounted for, a balance of 8,475 68

You will perceive, from this statement, that the whole sum appropriated for the service of the current year was $50,000, and that more than twothirds of this amount has already been drawn by the commissioner, before and since his removal from office. Under these circumstances, the department must decline to pay any further drafts of Mr. Weller, until his

vouchers have been received, and his accounts adjusted at the proper office of the treasury.

I have only to state, with reference to your bill for travelling expenses, as bearer of despatches from Panama to Washington, that it is inadmissible, and cannot be allowed. Your employment in that character was neither warranted by the instructions of Mr. Buchanan to the commis. sioner, nor by the usages of the department in such cases. I am, sir, respectfully, your obedient servant,


Washington, D. C.


Washington, November 21, 1849. SIR: Your letter of the 15th of September last has been received. I learn from it, with regret, that you wish to be relieved from your duties as astronomer and topographical engineer in connexion with the commission on the part of the United States for marking the boundary, pursuant to the treaty of Guadalupe Hidalgo. Your claims and peculiar aptitude for that service were so generally acknowledged, that there was every reason to hope you might not be severed from the commission until the close of the business confided to it. Entertaining no doubt, however, that the reasons to which you allude are sound, and that the public will derive advantage from your employment in any other professional duty which may be assigned to you, your request is acceded to; and, in a letter of this date, I have requested the Secretary of War to designate your successor. In regard to the civil assistants to whom you refer, it is presumed that it would be best for them to remain, with a view to aid your successor in the discharge of his duties. I am, sir, very respectfully, your obedient servant,

JNO. M. CLAYTON. Brevet Major W. H. EMORY,

l'upographical Engineers, Sun Diego, California.


Washington, November 28, 1849. Sir: The letter addressed to you by this department under date of the 21st instant, has been detained for the purpose of being sent by the officer whom the Secretary of War might appoint as your successor. It appears, however, from the communication of Mr. Crawford, of this date, copy

of which is enclosed, that the order for your relief which had been requested of him would be so greatly inconvenient to the military service, that he deems himself constrained to deny the request. Under these circumstances, it is hoped that you will continue to discharge the duties of commander to the escort and chief astronomer to the commission with the


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