as they are consequently equally called on to do whatever may be requisite for carrying it into effect well and speedily. But with regard to the supposition contained in the third point of the communication, the undersigned cannot conceive that it could be realized, being, as he is, persuaded that the Government of lhe United Stales cannot desire lo insist upon an act which, if done, would be clearly injurious to the rights and interests of an independent and friendly nation. The unden,ignecl conceives that any position which General Gaines may take beyond the known limits of the United Stales cannot be upon ground other than that belonging to the Mexican lerri tory, and which should belong lo it, until the commissioners and surveyors (the sole judges in the affair by the treaty of 1828) should decide against Mexico, and adjudge a portion of that territory to the United States, on the grounds that it is comprehended within the line agreed upon. In the mean time, Mexico has in its favor the right of a constant possession, during which ii has exercised there all the acts of sovereignty, has legislated, has appointed the authorities, has kept garrisons, has disposed of lands, &c. And if it be said that the United States have, at periods since the cession of Louisiana, claimed such or such parts of Texas, or that there are still doubts as to the nature or denomination of such or such locality, the third article of the treaty of 1828 puts an end to all pretensions of the contracting parties, by fixing a dividing line, and confiding to arbiters, by giving them the power to lay down that line, the faculty of resolving all doubts and removing all di fficul Lies. With them, therefore, rests the decision; and it is only after such decision that the present in statu quo can justly terminate. This was doubtless the understanding of Mr. Butler, the charge d'affaires of the United States, when, urging the Minister Relations of Mexico, on the 21st of December, 1834, respecting the necessity of speedily carrying into effect the said third article of the treaty of limits, he added, "he would only observe, that Mexico was actually occupying a large territory which the Government of the undersigned con!:iidered as justly belonging to the citizens of the United States, according lo the rational construction of all the treaties concluded on the subject; and, as it was well known that not only the Government of Mexico, but that of the United States, had already granted a large part of this territory to various
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