31st CONGRESS, I SENATE. ] Ex. Doc 1st Session. No. 34. 4-4-4- REPORT OF THE SECRETARY OF THE INTERIOR, IN ANSWER TO ./I resolution of the Senate calling for information in relation to the opera- tions of the commission appointed to run and mark the boundary between the United States and Mexico. FEBRUARY 28, 1850. Referred to the Committee on Finance. MARCH I, 1850. Ordered to be printed. DEPARTMENT OF THE INTERIOR, Washington , February 27, 1850. ' SIR: In compliance with a resolution of the Senate of the 19th instant, I herewith transmit a copy of all the correspondence on file in the depart- ment relating to the operations of the commission appointed, pursuant to the fifth article of the treaty of Guadalupe Hidalgo, to run and mark the boundary between the United States and Mexico, showing the progress made in executing said commission, and embracing a detailed statement of the amount of money expended therein. The reports of the commissioner are very vague and unsatisfactory, and I am not in possession of the necessary data on which to found an estimate of the amount which may be required for the completion of the work. Among the papers herewith, is a letter from Colonel Abert, of the corps of topographical engineers, enumerating the difficulties in the way of making up sucli estimate here. For the current fiscal year, it is supposed; tli at the sum of fifty thousand dollars will be necessary. I am, sir, with much respect, your obedient servant, T. EWING, Secretary. v Hon. MlLLARD FlLLMORE, President of the Senate. DEPARTMENT OF STATE, Washington City, January 19, 1849. GENTLEMEN: You will receive herewith the list of instruments belong- ing to this department furnished by Major Graham on the 29th December last. [ 34 ] 2 Major Graham and Major Emory will proceed immediately to New York, and, if they should deem it advisable, to the other cities where these instru- ments are deposited; and Major Graham, in whose custody they now are, will deliver such of them to Major Emory, the chief of the corps of topo- graphical enginers designated to accompany the commissioner and sur- veyor under the 5th article of the late treaty with Mexico, as he may deem necessary for correctly running and marking the boundary line between the two republics, taking duplicate receipts for the same. Major Graham will deliver one of these receipts to the department, and preserve the other. Major Emory will then proceed at once to cause any or all of the instru- ments so delivered to him to be repaired, if need be, and fitted for the survey of the Mexican boundary, and to be packed and placed in boxes for transportation on mules. All the actual expenses incurred in executing these instructions, as well as the personal expenses of Majors Graham and Emory, will be paid out of the appropriation made on the 12th August last, not exceeding .$50,000, "for the expenses of running and marking the boundary line between the United States and Mexico, and paying the salaries of the officers of the commission." Accounts of these expenses, properly vouched, will be settled by the Fifth Auditor. Major Emory, after having received and examined such instruments as he may require, will report immediately to this department what other instruments he may deem necessary for the survey, together with their probable cost, and where they may be obtained the most speedily and upon the best terms. I am, gentlemen, respectfully, your obedient servant, JAMES BUCHANAN. . Major J. D. GRAHAM and Major WILLIAM H. EMORY, of the Topographical Engineers of the U. S. Army. DEPARTMENT OF STATE, WusJdngton, January 24, 1849. SIR: The fifth article of the treaty requiring that the commissioners and surveyors of the United States and Mexico respectively should meet at San Diego before the 30th May, 1849, no time should be lost in organizing the commission on our part, preparatory to its departure for the place of desti- nation. As you will be held responsible for the able and faithful execu- tion of the important public trust confided to you by this article of the treaty, the President deems it proper to leave to you the organization of the commission, enjoining it upon you, at the same time, to employ as few persons to assist you as may be compatible with the successful and effi- cient performance of your duties, and to study economy, as far as practi- cable, in all your expenditures. The organization will be effected solely with a view to run and mark the boundary line between the two republics, although the selection of individuals for this purpose may be made with reference to the incidental collection of information relative to the construction of "a road, canal, or railway" along the river Gila, as provided for by the sixth article of the treaty. 3 [34] In organizing the commission, you are referred for any information which you may deem necessary to Andrew B. Gray, esq., who has been appointed surveyor under the treaty, and Major William H. Emory, of the topographical engineers, whom the President has designated to be " chief astronomer and head of the topographical scientific corps of the commis- sion." Congress, by the civil and diplomatic act of August 12, 1848, has appropriated, "for the expenses of running and marking the boundary line between the United States and Mexico, and paying the salaries of the officers of the commission, a sum not exceeding fifty thousand dollars;" and the President considers that he will best effectuate the intentions of Congress by directing that the expenses of the commission, for one year, shall be so graduated as not to exceed this appropriation. You will be charged exclusively with the disbursement of the money thus appropriated, with the exception of the sum which maybe necessary to execute my instructions of the 19th instant to Majors Graham and Emory, relative to the delivery of astronomical instruments from the former to the latter, for the use of the commission. Your salary as commissioner, as well as that of the surveyor, will com- mence from this date. In case Congress should not declare by law what these salaries shall be, they will be fixed by the President, before the depar- ture of the commission from the United States. Under the head of con- tingent expenses of the commission will be embraced your reasonable personal expenses while in service, and those of the surveyor, chief astronomer, and the other officers of the topographical engineers who may be detailed to assist you in the field ; the pay and subsistance of assistant surveyors, chain carriers and laborers; and the incidental arid necessary expense of exploring parties; the purchase of stationery, of tents and camp equipage; and the purchase or hire of horses, mules, and vehicles for the transportation of the same. Of all these expenses you will keep a regular account, which, together with the necessary vouchers, you will render and transmit quarterly to the Fifth Auditor of the Treasury for settlement; and to meet the same, as likewise the payment of the salaries, you will, from time to time, as occa- sion may require, draw upon the department, taking care not to exceed in the amount drawn at any one time the sum which will be required to meet the actual and necessary expenses of the commission. After the commission on the part of the United States shall have been properly ^organized under your direction, and before your departure from the country, you will receive further instructions. I am, sir, respectfully, your obedient servant, JAMES BUCHANAN. JOHN B. WELLER, Esq., t( Commissioner for running the boundary line between the United States and the Republic of Mexico, under the fiftk arti-le of the treaty with that republic concluded on the 2d February, 1848," DEPARTMENT OF STATE, Washington, 13th February, 1849. SIR: In my instructions of the 24th ultimo, I promised to send you further instructions before your departure from the United States. I now [34] 4 proceed to perform this duty. The fifth article of the treaty with Mexico of the 2d of February, 1848, as amended by the Senate, (two copies o-f which are herewith transmitted,) clearly prescribes your duties. This article places you in a highly responsible position; because it de- clares that the boundary line between the two republics which shall be run and marked by the joint commission shall be deemed a part of the treaty, " and shall have the same force as if it were inserted therein." The action of the commission, therefore, will be final and conclusive^ and the President has full confidence that, in the discharge of your im- portant duties, your conduct will be characterized by prudence, firmness, and a conciliatory spirit. While he desires no advantage over the Mex- ican government, you will take care, in running the boundary, that all our just rights under the treaty shall be maintained. Your first duty -will be to run and mark that part of the boundary consisting of a straight line from a " point on the coast of the Pacific ocean, distant one marine league due south of the southernmost point of the port of San Diego/ r to " the middle of the Rio Gila, where it unites with the Colorado." It is not apprehended that you will encounter much difficulty in deter- mining either of these points. This southernmost point of the port of San Diego is to be ascertained by the treaty "according to the plan of said port made in the year 1782 by Don Juan Pantoja, second sailing- master of j;he Spanish fleet, and published at Madrid in the year 1802, on the atlas of the voyage of the schooners Sutcl and Mex-icawi, of which plan a copy is herewith added, signed and sealed by the respective pleni- potentiaries." You are furnished with a certified copy of this plan, which appears to fix precisely what is the southern limit of the port of San Diego; and a point on the Pacific " one marine league south of this is the place of beginning." The middle of the Rio Gila, where it unites with the Colorado, being a natural object, there can be but little difficulty in ascertaining this point. The duties of the surveyor are sufficiently indicated by the treaty itself. Those of Major William H. Emory, the chief astronomer, will be to determine all astronomical points, arid to direct the mode of running all astronomical lines on the boundary. Lieutenant J. W. Whipple, arid Brevet Captian E. L. F. Hardcastle,of the corps of topographical engineers, have been designated, under the authority of the President, to accompany Major Emory, as his assistants, The remainder of the boundary runs along the middle of the Rio Gila and the Rio Grande, with the exception of that portion of it between " the point where the Rio Grande strikes the southern boundary of JNew Mexico; thence westwardly along the whole southern boundary of New Mexico, (which runs north of the town called Paso,) to its northern termi- nation; thence northward, along the western line of New Mexico, until it intersects the first branch of the Rio Gila, (or, if it should not intersect any branch of that river, then to the point on the said line nearest to such branch, and thence in a direct line to the same.") In regard to this lat- ter portion of the line it is impossible to give you specific instructions, for the want of accurate geographical information. It can only be ascer- tained by examinations and surveys upon the ground. Besides, the treaty itself declares that the " southern and western limits of New Mex- ico mentioned in this article are those laid down in the map" of the United Mexican States published at New York, in 1847, by J. DisturnelJ of 5 [34] which a copy was added to the treaty, bearing the signatures and seals of the plenipotentiaries. You are now furnished with, a certified copy of this map. You are also furnished, as bearing upon this subject, with the copy of a map of New Mexico which was attached to the atlas to Thompson's edition of the Geographical and Historical Dictionary of America and of the West Indies, by Colonel Don Antonio de Alcedo, published at Lon- don, in 1812 a work of the highest authority. My successor in office will most probably obtain farther information in regard to this portion of the line, and, as the work progresses, will doubt- less deem it proper to give you further instructions. I deem it unneces- sary, therefore, to say more at present on this subject. I need scarcely add that the President expects you will perform your duties under the treaty with as little delay as practicable, consistently with accuracy. As it is indispensable that each government should be furnished with a full and circumstantial record of the proceedings of the commissioners, they will doubtless order such record to be kept in duplicate. This duty will naturally devolve upon the clerks appointed on both sides, under the supervision of the respective commissioners, who will be responsible for the accuracy of such records, and for their safe delivery, properly certified, to the respective governments, at the expiration of the commission. You will, with that view, provide the clerk appointed on the part of the United States with suitable instructions respecting this and any other duty which it shall be deemed proper to assign to him. As soon as the boundary shall have been ascertained and marked, you will cause a true and accurate map to be made of the country through which it passes, in its entire extent. A duplicate copy of said map, certi- fied by the commissioners and surveyors on both sides, will accompany the records of the proceedings of the commission. The joint report or declaration by the commissioners of " the final re- sult agreed upon by them," under the fifth article of the treaty, will also be transmitted to the Department, to be filed with the journal or record of their proceedings and the map. As soon as the commission shall be organized, you will transmit to this department a list containing the names of the several persons composing it, the nature of the duties assigned to each individual, and the compen- sation allowed to them respectively; and will also from time to time in- form the Secretary of State of any change which you may, by circum- stances, be induced to make in its organization. The sixth article of the treaty provides that "if, by the examinations which may be made, it should be ascertained to be practicable and advantageous to construct a road, canal, or railway, which should in whole or in part run upon the river Grla, or upon its right or its left bank, within the space of one marine league from either margin of the river, the 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 of 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 ex- aminations to be made incidentally, without seriously interfering with your appropriate duties. The inquiry is one of great importance to the [34] 6 country; and any information which you can communicate to the depart- ment 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 believed 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 it indis- pensable that he should carry with him, to wit: 1 box chronometer $285 1 heliotrope 100 1 reconnoitring glass 50 1 portable astronomical telescope 190 4 Nautical Almancs, 1849 10 1 copy Catalogue Stars, British Association 20 1 set of charts coast of California 2 1 Daniels's hygrometer 15 4 Hassler's Logarithms, at $1 4 6 thermometers, at $4 24 6 observing lamps 15 4 cases drawing instruments 40 4 bottles ether (sulphuric.) ^ bushel plaster of paris. 2 observing tents, at $40 80 1 equatorial stand, price estimated 100 In your absence, the President has not hesitated to advise him to pur- chase these instruments, not doubting that you would promptly pay for them out of the appropriation. As it Avill 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 an- num; 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, JAMES BUCHANAN, JOHN B. WELLER, Esq. DEPARTMENT OF STATE, 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 attached to the commission of which you are the head. Consequently, until this omission be remedied, compensation for your services as commissioner, ^ for those of Mr. Gray as surveyor, cannot be lawfully paid; and no 7 [34] charge for salary, on the part of either of you, can properly form an item in the statement of your account to the Treasury. It will, therefore, be necessary, in any drafts 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 "expense* 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, JOHN M. CLAYTON. JOHN B. WELLER, Esq , Commisiomr of the United States under the fifth article of the treaty of Guadalupe Hidalgo. PANAMA, March 24, 1849. SIR: Your note of this date, informing me that a whaler would be here in about ten days upon which I can secure passage for my party, at $250 each, to San Francisco, has been received. As I would probably have great difficulty in obtaining transportation from thence to San Diego, the point of destination, I cannot engage the vessel to which you allude. As my party numbers some thirty-live persons, and a considerable amount of supplies, I prefer obtaining, if possible, transportation direct to San Diego. I will be obliged to you if you can facilitate my movements in this particular. As it is of the last importance to my government that the surveyor and myself should be at San Diego previous to the 30th of May next, I will thank you to secure passage for us on the first steamer which may come in. Very respectfully, your obedient servant, JOHN B. WELLER, U. S. Commissioner. WILLIAM NELSON, Esq., United States Consul. PANAMA, March 27, 1849. SIR: On the 16th January last, I was appointed by the President of the United States, with the consent of the Senate, to run the boundary be- tween that government and the republic of Mexico, under the fifth article of the treaty concluded at Guadalupe on the 2d February, 1848. By the terms of that treaty, the commissioners are required to meet at San Diego, on the Pacific, previous to the 30th May next, and, under instruc- tions to proceed to that point without delay, I reached this city on the 16th instant. I have with me a full complement of engineers and employes, all of whom are necessary to enable me to execute the orders of the government. This party now numbers thirty-three persons, and three or four more may probably arrive in a few days. I have made every reasonable effort to secure transportation to San Diego, but thus far have wholly failed. You [34J 8 are aware that the treaty under which 1 am appointed terminated a bloody war; and a failure to meet the commissioner on the part of Mexico at the time designated will produce delay, which may result in serious difficulty between the two governments. The emigration to California is increasing so rapidly that it is of the utmost importance that the boundary should be established at once. The friendly relations between the two governments can only be maintained by clearly defining the rights of each. You will see, upon reflection, that delays and difficulties of the most harassing character will probably result from a failure on my part to meet the requisitions of the treaty. A steamer (the " California") belonging to Messrs. Aspinwall & Co., for whom, I understand, you are agent, is expected here daily. This vessel is connected with the government of the United States by a contract to transport the mail. I doubt not more than a sufficient number to fill her will be here, on her arrival, holding tickets from the company. I would regret very much to see those enterprising citizens delayed or disappointed; but it is, in my opinion, a case where private interest should yield to the pub- lic good. Seeing no other practicable way of getting to San Diego, I have to request that passages may be secured for myself and party as soon as she arrives. You, as the representative of the United States here, will, I doubt not, feel every disposition to aid me in executing a most important commission ; and I am confident, from their high reputation, that Messrs. Aspinwall & Co., if they were present, would not hesitate in directing room to be made for us. I am, dear sir, very respectfully, your obedient servant, JOHN B. WELLER, United States Commissioner. WILLIAM NELSOX, United States Consul, Panama. PANAMA, NEW GRANADA, May 14, 1849. SIR: As you have advised me that you cannot find transportation for more than ten of my party on the steamship "Panama," I desire that the following persons may be registered as passengers: John B. Weller, Dr. E. K. Chamberlin, James Nooney, jr., William A. Taylor, D. Gahagan, A. B. Gray, William R. Kinder, H. H. Robin- son, C. J. Whiting, Gilbert Murdoch, and two servants, (colored.) So many inconveniences and delays will result from leaving a portion of my party here, that I must again request that every effort maybe made to secure transportation on the "Oregon" for the remainder of the party. Nearly if not all the employes will be required very soon after I reach San Diego, and I dislike the idea very much of separating from them. Yery respectfully, your obedient servant, JOHN B. WELLER, United States Commissioner. Captain STOUT, Agent for Aspimcatt cj* Co. 9 [31] iH*#***r DEPARTMENT OF STATE, Washington, June 20, 1849. SIR: The President having thought proper to appoint you the commis- sioner on the part of the United States for running and marking the boundary line under the fifth 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 regular transmission of your accounts and vouchers for settlement at the Treasury Department, as those in- structions 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 pers ns (other than military or naval) in the service of the commission on our part, with the rates of compensation allowed to each; and will apprize the depart- ment 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. 1 am, sir, respectfully, your obedient servant, JOHN M. CLAYTON. To J. C. FREMONT, Esq., San Francisco , California. DEPARTMENT OF STATE, Washington, June 26, 1849. SIR: Your letter from Panama, under date the 20th March last, marked No. 1, has been received. Il> 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 compen- sation stipulated to be allowed to each person, it is impossible for the de- partment to form an estimate of the probable expenses of the commission. Your instructions also direct you to transmit your account of those ex- penses at the close of every quarter, with the vouchers requisite for ad- justment of the account at the Treasury. The first quarter, since your appointment, expired on the 3Ist 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 circum- stances, 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. Fremont 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 arid other public property in your custody relating to the duties of that office. Your obedient servant, JOHN M. CLAYTON. To JOHN B. WELLER, Esq. [34] 10 DEPARTMENT OF STATE, Washington, June 28, 1849. SIR: Your letter from Panama of the loth 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 the 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 prema- ture even to take into consideration your suggestion as to reversing that course and beginning the demarcation at the eastern end of the line. In- asmuch, however, as the starting-point for tracing the boundary, as well as the proceedings of the joint commission with reference thereto, are 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 com- mission 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. Careful 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 commissioners. If presents should be in- dispensable, they would be for the common benefit of both parties, and both should equally share the expense. I am, sir, respectfully, your obedient servant, JOHN M. CLAYTON. JOHN B. WELLER, Esq. DEPARTMENT OF STATE, Washington, June 28, 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 referred to. I am, sir, respectfully, your obedient servant, JOHN M. CLAYTON. J. C. FREMONT, Esq. II [34] 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 2Sth 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 De- partment of State $33,325 00 That vouchers in support of his disbursements have been re- ceived, 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 two- thirds of this amount has already been drawn by the commissioner, before and since his removal from office. Under these circumstances, the de- partment must decline to pay any farther 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 inadmissi- ble, 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, JOHN M. CLAYTON. C. L. WELLER, Esq., Washington, D. C. 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 commis- sion 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 suc- cessor. In regard to the civil assistants to whom you refer, it is presumed that [ 34 ] 12 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, J. M. CLAYTON. Brevet Major W. H. EMORY, Topographical Engineers, San Diego, California. DEPARTMENT OF STATE, Washington, November 28, 1849. SIR: The letter addressed to you by this department under date of the 2 1st 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, a copy of which is enclosed, that the order for your relief which had been re- quested 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 dis- charge 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. 1 am, sir, veiy respectfully, your obedient servant, J. M. CLAYTON. Brevet Major W. H. EMORY, Topographical Engineers, San Diego, California. DEPARTMENT OF THE INTERIOR, Washington, December 10, 1849. SIR: I have the honor to acknowledge the receipt of your communica- tion of the 7th instant, with the accompanying documents, therein enu- merated. I am, sir, very respectfully, &c., T. EW1NG, Secretary. Hon. JOHN M. CLAYTON,, Secretary of State. WAR DEPARTMENT, December 13, 1849. SIR: I have the honor to inform you that, since my letter of the 28th ultimo, it has been determined to relieve Brevet Major Emory from duty with the boundary commission in California, as soon as he shall have completed his calculations of the survey of the line between the Pacific and the junction of the Colorado and Gila rivers, so as to obtain the action of the commission thereon. Orders have been given to this effect. Brevet Lieutenant Colonel Mc- Clellari, of the topographical engineers, who has been directed to replace 13 [34] Major Emory, is now in the city, and will be required to wait upon you for such further instructions as you may have to give. I have the honor to be, very respectfully, your obedient servant, GEORGE W. CRAWFORD, Secretary of War. Hon. JOHN M. CLAYTON, Secretary of State. BUREAU OF TOPOGRAPHICAL ENGINEERS, Washington , December 14, 1849. SIR: I have the honor of enclosing a copy of the orders to Brevet Lieutenant Colonel McClellan, who has been directed to relieve Major Emory upon the Mexican boundary survey. Lieutenant Colonel McClellan will report himself to you for any di- rections or instructions which you may think proper to give. Respectfully, sir, your obedient servant, J. J. ABERT, Colonel Corps Topographical Engineers. Hon. J. M. CLAYTON, Secretary Department of State, Washington. BUREAU OF TOPOGRAPHICAL ENGINEERS, Washington., December 14, 1849. SIR: By direction of the honorable Secretary of War, you are hereby assigned to the duty of the survey of the boundary line between Mexico and the United States, from which duty, on your joining the command, Major Emory will be relieved. You will therefore repair to San Diego, California, as soon as practi- cable, and, learning at that place the station of Major Emory, which will probably be at the mouth of the Gila, you will repair thither and report yourself to the American commissioner as the chief officer of the corps on the duty. Lieutenants Whipple and Hardcastle, now on the duty with Major Emory, will remain on the duty under your command. Before moving under this order, you will call upon the Honorable Mr. Clayton, Secretary of State, and obtain from him copies of such instruc- tions as Major Emory has received; and you will also receive from him such additional instructions as he may think proper to give. You will not omit the monthly reports to this office required by the regulations. Respectfully, sir, your obedient servant, J. J. ABERT, Colonel Corps Tographical Engineers. Lieut. Colonel J. MCCLELLAN, Corps Topographical Engineers, Washington. [34] 14 BUREAU OF TOPOGRAPHICAL ENGINEERS, Washington, December 15, 1849. SIR: Not being at the time aware that the business of the survey of the Mexican boundary had been transferred to the Department of the Interior, Lieutenant Colonel McClellan, who is ordered to relieve Major Emory on that duty, was directed to report for instructions to the State Department. This error having been corrected, Lieutenant Colonel McClellan is now directed to report to you for any instructions you may desire to give. Copies of the letters from this office to Lieutenant Colonel McClellan are respectfully enclosed, for your consideration. Respectfully; sir, your obedient servant, J. J. ABKRT, Colonel Corps Topographical Engineers. Hon. T. EWING, Secretary of the Interior, Washington. BUREAU OF TOPOGRAPHICAL ENGINEERS, Washington, December 15, 1849. SIR: By a letter from the Hon. Mr. Clayton, Secretary of the Depart ment of State, it appears that the "business connected with the commis- sion referred to (Mexican boundary survey) has, by the President's order, been transferred to the Department of the Interior. ' ' You will please, there- fore, call upon the Hon. Mr. Ewing, Secretary of that Department, in reference to any instructions, as indicated in the letter to you from this bureau of the 14th instant. Respectfully, sir, your obedient servant, J. J. ABERT, Colonel Corps Topographical Engineers. Brevet Lieutenant Colonel J. MCCLELLAN, Corps Topographical Engineers, Washington. DEPARTMENT OF THE INTERIOR, Washington, December 17, 1849. SIR: In a communication from yourself to Colonel John B. Weller, United States commissioner, under date of June 28, 1849, reference is made to a letter from said commissioner, dated at Panama, May 15, 1849, and received at your department June 27, 1849. As no such letter appears among the papers transferred by you to this department, I have to request that you will transmit the same to me at your earliest convenience. Very respectfully, &c., T. EWING, Secretary. Hon. JOHN M. CLAYTON, Secretary of State. DEPARTMENT OF STATE, Washington, December 18, 1849. SIR: I transmit herewith a letter from Mr. C. L. Weller, under date of 15 [34] the loth instant, and await your directions respecting the requests therein preferred . I am, sir, very respectfully, your obedient servant, JOHN M. CLAYTON. Hon. T. EAVING, Secretary of the Department of the Interior, Washington. DEPARTMENT OF THE INTERIOR, Washington, December 19, 1849. 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, T. EWING, Secretary. Major WM. H. EMORY, San Diego, California. DEPARTMENT OF THE INTERIOR, Washington, December 19, 1849. SIR: The direction of the commission for running and marking the boundary line between the United States and Mexico having been trans- ferred 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 suc- cessor, 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 failure to comply with your instruc- tions to render to the Fifth Auditor quarterly accounts of your expendi- tures, with the necessary vouchers, payment of your drafts was sus- pended. 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., T. EWING, Secretary. Hon. JOHN B. WELLER, San Diego, California. DEPARTMENT OF THE INTERIOR, Washington, December 20, 1849. SIR: Your communication of the 15th, addressed to the Secretary of State, has been transmitted to this department for answer. [ 34 ] 16 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 that 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 commis- sioner, he being charged with the disbursement of the appropriation made by Congress for the boundary service. I am, very respectfully, your obedient servant, T. EWING, Secretary. C. L. WELLER, Esq., Present. DEPARTMENT OF THE INTERIOR, Washington, December 28, 1849. SIR: I have received your communication of the 24th instant, and have to state, in reply, that in the official instructions given by the Department of State to commissioner Weller, under date of January 24, 1849, he was required to keep a regular account of the expenses of the commission, and to render and transmit the same quarterly, with the necessary vouchers, to the Fifth Auditor for settlement. The amount received by Mr. Weller prior to July 20, 1849, in a payment in advance and accepted drafts drawn on the Department of State, was $33,325 00 Vouchers in support of his disbursements had been received (only a part of which have been passed by the Fifth Auditor) for 24,849 32 Leaving overpaid and wholly unaccounted for a balance of. . . 8,475 68 Under these circumstances, you were apprized, July 20, 1849, that fur- ther payment of Mr. Weller's drafts would be refused, until his vouchers were received and his accounts adjusted at the proper office of the Treasury. As no additional vouchers or accounts have yet been received from him, I must still decline to make additional payments. I desire, however, to express the hope that Mr. Weller will, by an early settlement, enable the department to meet all the lawful expenses of the commission. It is understood that you consider yourself officially connected with the commission, under an appointment from the late commissioner; but the department being unable to perceive that you have rendered or can render any aid in the execution of the duty required of that by a protracted resi- dence in this city, your sendees will be no further required therein. I am, very respectfully, your obedient servant, T. EWING, Secretary. C. L. WELLER, Esq., Present. 17 [ 34 ] DEPARTMENT OF THE INTERIOR, Washington, December 28, 1849. SIR: I have to request that you will, at your'earliest convenience, fur- nish me with a statement of the amount of money paid to commissioner AYeller, the whole amount of vouchers filed in support of his disburse- ments, and the amount of those vouchers which have been rejected, with the reasons for their rejection. I am, very respectfully, your obedient servant, T. EWING, Secretary. STEPHEN PLEASANTON, Esq., Fifth Auditor of the Treasury. DEPARTMENT OF THE INTERIOR, Washington, December 31, 1849. SIR: I have received your favor of this date, with the accompanying letter from Mr. Asa France, and have the honor to state, in reply, that no vouchers or accounts have been received from John B. Weller, late Uni- ted States commissioner, since July last, and that payment of his drafts has therefore not been resumed. In compliance with your request, I herewith return to you Mr. France's letter. Very respectfully, your obedient servant, T. EWING, Secretary. Hon. CULLEN SAWTELLE, House of Representatives. DEPARTMENT OF THE INTERIOR, Washington , January 8, 1850. SIR: Mr. John B. Weller having been relieved from duty as head of the commission to survey the boundary line between the United States and Mex- ico, and the direction of said commission having therefore fallen temporarily on you, I have to request that the persons employed on the work may be reduced to the lowest number consistent with the proper, though econo- mical, management of the business confided to you, by the discharge of all such as are not indispensable to the proper performance of the work, and whose services can therefore be dispensed with without detriment. The number of surveyors ought not to exceed three ; and in red-ucing your force, you will have a view to the suggestions of Col. Abert to Lieut. Col. McClellan, a copy of which is enclosed. I am, sir, very respectfully, your obedient servant, T. EWING, Secretary. Maj. WM. H. EMORY, San Diego, California. DEPARTMENT OF THE INTERIOR, Washington, January 9, 1850. SIR: I have to request that you will, as early as may be practicable, furnish this department a statement, showing 1st. The names of all persons employed by the late commissioner, Mr. Ex. 2 [34] 18 Welter, on the Mexican boundary, their compensation and duties re- spectively. 2d. The names of all such as you may discharge in pursuance of my letter of yesterday, their compensation and duties. 3d. The names, compensation, and duties of all persons who may com- pose the commission after its reduction by you. You will also keep the department advised of whatever changes may from time to time be made. I am, sir, very respectfully, your obedient servant, T. EWING, Secretary. Maj. WM. H. EMORY, San Diego , California. DEPARTMENT OF THE INTERIOR, Washington, January 22, 1850. SIR: For the better prosecution of the work of running and marking the boundary line between the United States and Mexico, I have the honor to request that you will detail for that service Lieut. Beale, of the navy, whose familiarity with the country to be traversed will much facil- itate the operations of the military and civil officers of the government now engaged upon the work. If it is in your power to comply with this request, I will thank you to direct Lieut. Beale to report to this department. I am, sir, very respectfully, your obedient servant, T. EWING, Secretary. Hon. WILLIAM BALLARD PRESTON, Secretary of the Navy. DEPARTMENT OF THE INTERIOR, Washington, January 29, 1850. SIR: Lieut. Beale is very desirous to go upon the duty for which you have detailed Lieut. Strain. The latter suggested to me that he did not wish to stand in the way of his friend Lieut. Beale. I enclose a letter from Col. Benton on the same subject for your perusal, which you will return. I submit the matter entirely to your judgment, not wishing at all to interfere in the selection, and being satisfied that you have furnished me an officer efficient to discharge the duties for which he is detailed. I bring the subject to your notice at the request of Col. McClellan. I am, very truly, yours, T. EWING. Hon. Mr. PRESTON, Secretary of the Navy. DEPARTMENT OF THE INTERIOR, Washington, January 24, 1850. SIR: Will you do me the favor to inform me of the name of the officer 19 [ 34 ] for service on the Mexican boundary commission; in compliance with the request contained in my letter of the 22d inst. Very respectfully, your obedient servant, T. EW1NG ? Secretary. Hon. WM, B. PRESTON, Secretary