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mark this boundary line within one year from the exchange of the ratifications, which took place at the city of Washington on the 20th of April, 1836. It was doubtless for the purpose of executing this convention that a clause was inserted by Congress in this bill to provide for the civil and diplomatic expenses of the Government for the year 1837, appropriating the salary and expenses of a commissioner and surveyor; and the President of the United States has therefore felt it to be his duty to send nominations of these officers to the Senate.

Your committee believe, however, that the recognition of the independence of Texas by the United States has entirely changed the aspect of this affair. Mexico has no longer any control over the boundary question; Texas has become the party interested in its adjustment. If the United States would appoint a commissioner and surveyor, and they should be met by a commissioner and surveyor appointed by Mexico, this would be a violation of the rights of Texas, whose independence has just been recognized by the United States.

The committee are sensible that, under the law of nations, Texas, which was a part of Mexico when the treaty of 1828 was concluded and ratified, is not released from executing its provisions in consequence of having since become an independent State. They deem it more politic and wise, however, under the existing circumstances to permit the question to rest for the present. The mode and manner of executing the treaty of 1828, in regard to the boundary line, will properly become the subject of negotiation between the United States and Texas in case the latter should maintain her independence. The committee therefore recommend the adoption of the following resolution:

Resolved, That the nomination of Hiram G. Runnels to be commissioner and that of John R. Conway to be surveyor, to run the southwestern boundary line of the United States, be laid on the table.

(Ex. Jour., vol. 5, p. 22.)

AUTHORIZATIONS TO ACCEPT DECORATIONS FROM FOREIGN GOVERNMENTS.

85

AUTHORIZATIONS TO ACCEPT DECORATIONS FROM FOREIGN

GOVERNMENTS.

FIFTH CONGRESS, SECOND SESSION.

May 2, 1798,

On letter from Thomas Pinckney, late minister plenipotentiary of the United States to His Catholic Majesty, requesting the direction of Congress in respect to the acceptance of the customary present from that Government, and also one from His Britannic Majesty, made in conformity to the usage of those powers, respectively, to a foreign minister, on negotiating a treaty, Mr. Sedgwick reported as follows: Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress doth consent that Thomas Pinckney, esq., who, as envoy extraordinary of the United States, negotiated the treaty of friendship, limits, and navigation, between the United States and the King of Spain, may receive from the said King such present as it is customary for His Catholic Majesty to make to such persons as negotiate treaties with him.

And be it further resolved, That Congress doth consent that the said Thomas Pinckney, esq., lately minister plenipotentiary from the United States to the King of Great Britain, may receive from the said King such present as it is customary for His Britannic Majesty to make to ministers plenipotentiary on taking leave of him. (Leg. Jour., vol. 2, pp. 480, 482, 483–484.)

FORTY-SEVENTH CONGRESS, FIRST SESSION.

May 24, 1882.

[Senate Report No. 649.]

Mr. Windom, from the Committee on Foreign Relations, submitted the following report:

The Committee on Foreign Relations, to whom was referred the joint resolution (H. R. 54) to authorize Lieut. Henry R. Lemly, United States Army, to accept a position under the Government of the United States of Colombia, have considered the same, and respectfully report:

That the facts in this case are fully set forth in the following papers; and, as the joint resolution simply permits said officer to accept the position of instructor at the military school at Bogota, and does not authorize him to accept any military rank from the Government of the United States of Colombia, the committee recommend its passage.

WAR DEPARTMENT,
Washington City, February 20, 1882.

SIR: I have the honor to acknowledge the receipt of your communication of the 8th instant, inclosing a copy of House resolution 54, being a joint resolution_to authorize Lieut. Henry R. Lemly, United States Army, to accept a position under the Government of the United States of Colombia and asking to be informed of the views of this Department as to the propriety of the legislation proposed therein.

In reply, I beg to invite attention to the inclosed report of the Adjutant-General of the Army, to whom the subject was referred, which furnishes the military history of Lieutenant Lemly, together with a full statement of the circumstances and authority under which he first accepted a professorship of civil and military engineering in the national military school at Bogota, including the facts and circumstances connected with the subsequent action of the Colombian authorities in advancing him to the position of superintendent of the academy and conferring upon him the honorary rank of colonel in the Colombian army, and the reasons which governed the action of the President in revoking the leave of absence which had been granted to Lientenant Lemly to enable him to accept the professorship above referred to, and directing him to terminate his connection with the military school at Bogota.

It will be observed that the action of the Colombian authorities toward Lieutenant Lemly is highly complimentary, and attests, in a forcible manner, the earnest appreciation of his service by that Government; and as the zeal and ability which have gained for him so flattering a recognition by the Colombian authorities are worthy of commendation, and as he went to Bogota with the approval of the President, the passage of the above-mentioned resolution No. 54 is recommended, with an amendment as follows:

66

Provided, That the permission hereby given shall be held to terminate April 1,

1883."

Very respectfully, your obedient servant,

Hon. THOS. J. HENDERSON,

ROBERT T. LINCOLN,

Secretary of War.

Chairman Committee on Military Affairs, House of Representatives.

ADJUTANT-GENERAL'S OFFICE,
Washington, February 14, 1882.

SIR: I have the honor to return herewith the House resolution No. 54, authorizing Lieut. Henry R. Lemly, Third Artillery, to accept from the Government of the United States of Colombia "a position of instructor at the military school at Bogota," which was referred by the Committee on Military Affairs. House of Representatives, for the views of the Department as to the propriety of the legislation proposed therein, and by the Secretary of War to this office for report and previous history of the case.

Lieutenant Lemly graduated from the United States Military Academy, and was appointed second lieutenant, Third Cavalry, June 14, 1872; was transferred to the Third Artillery October 7, 1878, and promoted first lieutenant February 23, 1880. On April 21, 1880, he was, by direction of the President, granted leave of absence for three years. with permission to go beyond sea. The instructions of the President directing that Lieutenant Lemly be granted this leave are indorsed upon a letter from D. H. Starbuck, stating that Lieut. Henry R. Lemly, of the Army, is desirous to visit South America, and has the offer of a professorship of civil and military engineering in the national military school at Bogota, which he desires to accept for a term of three years, provided he can obtain a furlough or leave of absence for that time." Upon this paper the President indorsed as follows: "April 19, 1880. Having fully considered this application, I direct that the leave asked for be allowed First Lieut. H. R. Lemly, Third Artillery, for the purpose herein expressed."

Under date of September 30, 1881, the Acting Secretary of State transmitted to the Secretary of War a copy of a dispatch from the minister of the United States at Bogota, stating that Lieutenant Lemly. "by his knowledge, tact, and devotion to duty has secured the approval of the Colombian authorities and respect of this community to such an extent as to be advanced to the position of superintendent of the academy, officially styled 'chief director of the studies of the school of civil and military engineering,' and that as a special mark of distinction this appointment has been accompanied by a decree conferring upon him the rank of colonel in the Colombian army.”

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