XVI 



PREFATORY REMARKS. 



For the performance of this portion of tie treaty, each of the two governments shall nominate one commissioner, to the 



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end that, by common consent, the two thus nominated, having met in the city of Paso del Norte, three months after the 

 exchange of the ratifications of this treaty, may proceed to survey and mark out upon the hxnd the dividing line stipulated 

 by this article, where it shall not have already been surveyed and established by the mixed commission, according to the 

 treaty of Guadalupe, keeping a journal and making proper plans of their operations. For this purpose, if they should judge 

 it necessary, the contracting parties shall be at liberty each to unite to its respective commissioner, scientific or other assist- 

 ants, such as astronomers and surveyors, whose concurrence shall not be considered necessary for the settlement and ratifi- 

 cation of a true line of division between the two republics ; that line shall be alone established upon which the commis- 

 sioners may fix, their consent in this particular being considered decisive and an integral part of this treaty, without neces- 

 sity of ulterior ratification or approval, and without room for interpretation of any kind by either of the parties contracting. 

 The dividing line thus established shall, in all time, be faithfully respected by the two governments, without any varia- 

 tion therein, unless of the express and free consent of the two, given in conformity to the principles of the law of nations, 



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and in accordance with the constitution of each coimtry, respectively. 



In consequence, the stipulation in the 5th article of the treaty of Guadalupe upon the boundary line therein described is 

 nolongerofany force, wherein it may conflict with that here established, the said line being considered annulled and 

 abolished wherever it may not coincide with the present, and in the same manner remaining in full force where in accord- 



ance with the same. 



ARTICLE 11. 



The 



the eleventh article of the treaty of Guadalupe Hidalgo ; and the said article and the tliirty-third article of the treaty of 

 amity, commerce, and navigation between the United States of America and the United Mexican States concluded at Mexico, 

 on the fifth day of April, 183 1, are hereby abrogated. 



Fkaxklin Piehce, President of the United States of Aimrica: 



To all who shall see these presents, greeting : Know ye, that, reposing special trust and confidence in the integrity, 

 ability, and diligence of William H. EmoTy, of the District of Columbia, I do appoint him to be commissioner, on the part 

 of the United States o^ America, to run the boundary line between the United States and the Mexican republic according 

 to the treaty between the two nations entered into the 30th day of December, 1853, and do authorize and empower him 

 to execute and fulfil the duties of that office according to law ; and to have and to hold the said office, with all the 

 powers, privileges, and emoluments thereunto legally appertaining unto him, tho said William H. Emory, during the 

 pleasure of the Tresident of the United States for the time being. 



In testimony whereof, I have caused these letters to be made patent, and the seal of the Department of the Interior of 



the United States to be hereunto affixed. 



Wash 



[seal.] day of August, in the year of our Lord one thousand eight hundred and fifty-four^ and of the independence 



of the United States of America the seventy-ninth, 



By the President : 



FEANKLIN PIERCE, 

 ROBERT McCLELLAKD, 



Secretary of the Inlerior, 



