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NEW YORK 
of this treaty, and shall have the same force as if it 
were inserted therein. The two governments will 
amicably agree regarding what may be necessary to 
these persons, and also as to their respective escorts, 
should such be necessary.” 
The treaty requires that the starting or initial point 
on the Pacific Ocean shall be “ one marine league due 
south of the southernmost point of the port of San Diego, 
according to the plan of said port, made in the year 
1782 by Don Juan Pantoja, second sailing-master of 
the Spanish fleet, and published at Madrid in the year 
1802, in the Atlas to the Voyage of the schooners Sutil 
and Mexicana.” From this point the line separating 
Upper from Lower California was to be “a straight line 
to the middle of the Rio Gila, where it unites with the 
Colorado.” 
The Hon. John B. Weller was appointed the first 
Commissioner, and Andrew B. Gray, Esq., the first Sur- 
veyor under the treaty. They took with them to San 
Diego a corps of engineers and assistants. Major W. 
H. Emory, Captain E. L. F. Hardcastle, and Lieuten- 
ant A. W. Whipple, of the U. S. Topographical Engi- 
neers, the first as chief, and the latter as assistant 
astronomers, were detailed by the government to aid 
the commissioner and surveyor, in carrying out the 
stipulations of the treaty. They assembled at San 
Diego in the month of June, and entered upon their 
duties soon after. 
Without going into any detail of the proceedings 
of this Commission, it will be sufficient for my purpose 
to say, that the two important points referred to, viz., 
the initial point, one marine league south of the Bay 
