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 proceedings of the joint commission with reference thereto, is prescribed by the treaty, it would seem that the Executive of neither gov 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. 1 am, respectfully, your obedient servant, JOHN B. WELLER, Esq. JNO. M. CLAYTON. DEPARTMENT OF STATE, 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 between 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 $33,325 00 State That vouchers in support of his disbursements have been received (but have not yet been passed by the Fifth Auditor) for Leaving overpaid, and wholly unaccounted for, a balance of 24,849 32 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 commissioner, nor by the usages of the department in such cases. I am, sir, respectfully, your obedient servant, .C. L. WELLER, Esq., Washington, D. C. JNO. M. CLAYTON. DEPARTMENT OF STATE, 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, Brevet Major W. H. EMORY, JNO. M. CLAYTON. Topographical Engineers, Sun Diego, California. DEPARTMENT OF STATE, 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 night appoint as your successor. It appears, however, from the communication of Mr. Crawford, of this date, a copy of which is euclosed, 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 same fidelity and ability by which you have attained your high professional and personal character. I am, sir, very respectfully, your obedient servant, Brevet Major W. H. EMORY, JNO. M. CLAYTON. Topographical Engineers, San Diego, California. DEPARTMENT OF THE INTERIOR, SIR: I have the honor to transmit to you the enclosed duplicate of a communication to the Hon. John B. Weller, and to request that, in accordance with the terms of the same, you will at once receive and take care of all the books, papers, and other property, which he is therein directed to turn over to you. I am, very respectfully, your obedient servant, Major W. H. EMORY, T. EWING, Secretary. San Diego, California. DEPARTMENT OF THE INTErior, SIR: The direction of the commission for running and marking the boundary line between the United States and Mexico having been transferred to this department, I have to inform you, in case, on the receipt of this, Colonel Fremont shall not have entered upon duty as your successor, that your services are no longer required in said commission; and to request that you will immediately turn, over to Major W. H. Emory all the books, papers, and other property in your possession belonging to the United States and pertaining to the boundary service; for which you will take receipt in duplicate, the one to be forwarded to this department, and the other to be preserved by yourself. You were advised by the Secretary of State, under date of the 26th of June last, that, on account of your instructions to render to the Fifth Auditor quarterly accounts of your expenditures, with the necessary vouchers, payment of your drafts was suspended. As this barrier to payment still exists, I desire to call your attention to the importance of an early adjustment of your accounts. I have the honor to be, &c., Hon. JOHN B. WELLER, T. EWING. San Diego, California. DEPARTMENT OF THE INTErior, SIR: Your communication of the 15th, addressed to the Secretary of State, has been transmitted to this department for answer. You were advised by the Secretary of State, under date of July 20, 1849, that the payment of the drafts of John B. Weller, United States commissioner, had been suspended; and I need only to remark that the reasons which induced the suspension, and which were set forth to you, still exist in full force. As to your application for pay on account of your salary as a subaltern in the commission, I have to state that it should be made to the commissioner, he being charged with the disbursement of the appropriation made by Congress for the boundary service. I am, very respectfully, your obedient servant, C. S. WELLER, Esq., Present. T. EWING. No. 3. Correspondence from the United States and Mexican boundary com mission. WASHINGTON, January 3, 1848. SIR: I think it proper that you should be informed that a very considerable portion of the most valuable instruments used on the northeastern boundary survey, and now in possession of Major J. D. Graham, do not belong to the Department of State; and that it is exceedingly probable that, under arrangements in progress, they will be needed by the Topographical Bureau for other surveys; and I think it will not be practicable for the State Department, without inconvenience to other branches of the public service, to obtain the use of them. The instruments that do belong to the Sate Department are insufficient in number, and many of them not adapted to the nature of the service to which they are to be applied-the survey of the boundary line between the United States and Mexico. Army order No. 65 assigns me to the command of the party to be detailed from the army to run that boundary. Under that order, I had the honor to report to you in person, the day following the date of that order. I then stated my impression that immediate steps should be taken to see that proper instruments were procured for the survey. A more exact knowledge subsequently derived from Major Graham of the numbers and condition of the instruments which he designs to turn over to the department, makes it my duty to inform you that, unless immediate steps are taken, it is probable the instruments cannot be had, in order to enable the commission to meet agreeably to the terms of the treaty. I beg leave respectfully to suggest, as I am already assigned to duty under your orders, that such of the instruments as may belong to the State Department may be immediately turned over to me, that I may proceed to put them in condition for service; to make such alterations in them as may be required to meet the peculiarities of the service, and to prepare the information by which you will be enabled to supply the deficiencies when the appropriation for running and marking the boundary becomes available. This recommendation, if adopted, need involve no immediate expenditure. The propriety of this work being confided to the officer who is to use the instruments, I am sure need not be dwelt upon. He will be held responsible for the results, and should, therefore, be allowed the selection, within reasonable limits, of the means by which he is to attain them. I have the honor to be your obedient servant, Hon. JAMES BUCHANAN, W. H. EMORY, Brevet Major U. S. Army. Secretary of State. ENGINEER DEPARTMENT, Washington, January 10, 1849. SIR: On the receipt of your letter of the 3d instant, asking for the loan of the zenith telescope belonging to this department, that had been for some time in the hands of Major Graham, of the topographical engineers, I referred it to the superintendent of the Military Academy, requesting him "to report forthwith whether the instrument can be spared from the course of instruction in the department of philosophy, Major Graham having notified that it is ready, with the other instrument loaned to him, to be returned if wanted at the academy." The superintendent, in his reply just received, says, after consulting with the Professor of Philosophy, that the particular instrument referred to by Major Emory would be very useful in the department of philosophy." This being the case, and knowing the instrument was sent, in the first instance, to the academy, at the request of Professor Bartlett, for use in practical instruction in astronomy, I am under the necessity of declining the proposed loan. Very respectfully, your obedient servant, Major W. H. EMORY, JOS. G. TOTTEN, Brevet Brigadier General U. S. Army. U. S. Army, Washington. WASHINGTON, January 11, 1849. DEAR SIR: As far as I have been able to ascertain, the two instruments mentioned in the enclosed letter of General Totten were purchased for the use of the Ohio and Michigan boundary, in 1835, but the appropriation having been expended under the War Dapartment, the instruments may be considered as belonging to that department. They are both of great value, and one of them, the zenith telescope, was used by me on the Northeastern boundary. It will appear, by the letter of General Totten, they are now both required in the department to which they belong. I have the honor to be, with great regard, your obedient servant, W. H. EMORY. Hon. JAMES BUCHANAN, Secretary of State. |