Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-02-07
PROCEEDINGS IN CONGRESS.
IN SENATE.

IN SENATE.
On motion of Mr. SEWER the bill providing for the pay
of the debt asceained be due Texas while indie
pendent State by the United States taken and cons
dered in Committee Of the Whole
The passage Of the bill opposed by
Mr.. JARNAGIN, who said he felt constrained TO
the application which he had made former day for
pct explanation Of the grounds upon which proposed
TO make this Government responsible for espas committed
by individuals acting under their authority, and not under
the authority Of this Government So far compensation
for the taken concerned, he had word say
but he believed the greater amount proposed by the bill to be
paid Texas for goods which had been seized by
the officers Of customs Texas and placed In their warehouses;
and from thence taken and carried away persons having
sort of authority for doing II there any provision of
law requiring payment by Government for goods illegally
seized and taken away from another Government by ndv
duas acting under their responsibility he had not been
able to find it. The injury complained Of had been commit
ted awlessy and this Government could not be held 10
any foreign State Power sgunst depredaons
committed by private czens whether they citizens Of
the United States otherwise.
Mr. SEWER said he was very glad TO find that the Sena
Tor concurcd in the bill far the concerned
In regard the goods the custonhouse in Texas had been
pundced and The goods taken away by persons belonging
side Of the river The genteans objection TO this
part of the claim il appeared only technical 1t tina
he could find provision in the law authorizing compensation
for espss Of this character Though he did not claim to
be much Of lawyer, he certainly thought it strange
conclusion to arrive at that nation border, having
her custohouses broken open and pundeed by armed
force composed of citizens should be entitled to no COM
pensaton from this Government If refused redress here,
where could they look for it The payment had been
commended by two successive Presidents and by Secre
ares of States, and he thought it would be any thing but
crediahe TO Congress to refuse payment.
MI EVANS argued against the adoption of the
II difficult he said resist the pathetic appeal made by
the Senator from Arkansas, but he could not nevertheless,
give his favor Of the BILL The bill professed to make
appropriation debt ascertaned to be due to the late
Republic of Texas The Senator from Arkansas declared TO
the Senate that the payment had been recommended by the
Executive and Secretaries Of State but far he could
the printed papers which had been Produced he
forced TO deny this position.
Mr. SEWER referred the honorable Senator to the messages
Of both President Tyler and President Polk.
Mr. EVANS then demanded what authority the Pres-
dent of the United States could that this claim
ascortaned be due He believed asceaned to
be DUE but the contrary clearly asceaned not to be due
The amount claimed too, far beyond the value OF the
property in question: upwards of $50 900 being demanded for
property the real value of which did not at the utmost exceed
000 If the principle upon which this rested was to be
carried out whenever public private wrong should hap
pen be committed by citizen of the United States this Go
would be bound to make reparaon Where the
International law to be found which justified such principle
Mr. SEWER said that in drawing up the bill he had fol-
lowed the language Of the message, in styling debt
tanned to be DUE The claim had been admitted to be due
before Texas ceased to be independent State there was
national law enough found there to the but
ceased be separate and independent State, appeared
that justice to be denied The Senator from Maine was
willing that remuneration should be made TO Texas for the
which they had robbed her OLA great stretch ofbera
ty certainly
Mr. EVANS reminded the honorable Senator from Arkan-
that if the had been given up Texas they would
be the property Of this Government The why he
in favor Of paying for the arms which had in fact been
taken from maaudng party, that there had been some
sort Of assurance given that they should be paid for
Mr. OH hat there IN he Int
little opposition that part Of the bill relating to the
would scarcely be necessary to make any farther remarks
upon that point ii would be sufficient to say that the great
which operated with him in favor Of paying for them
that both officers believed they within their espec-
live territories And surely, they had got the and
those worth the money claimed for them, they
should be paid for.
He could any possible necessity for requiring any
testimony than already before the Senate That
Texas had suffered great outrage Senator could doubt
uncomfortable ofndivduas passing the
boundary and committing depreciation but it an armed
force Of forty men, violently sezng upon officer of the
customs, tying his hands behind him. and then pundenng
the public storehouses When Secretary Of State he had
looked with into the authorities the upon
both sides the liabilities Of the Governments and in view OF
the great wrong which Texas had sustained and in consider
alton that the weaker Power should be favored far prac
tcabe he had been entirely favor making payment he
hoped the bill would pass without further opposition
Mr.. EVANS withdrew an amendment which he had pre-
vousy submitted and offered another substitute for the
whole BILL proposing to pay the estimated value Of the arms
alone.
Mr. DAVIS in favor Of voting suitable compensation
for the arms The happening the line, might
very well be attributed to mistake Misrepresentation
the precise position Of the boundary and that the officer sup
posed himself within the limits of his country But h
would like to be little better advised the remaining par
of the bill before voting upon it. Mr. d. commended that thu
Government could be held responsible for the acts Of nd
yuals committed in foreign countries. The whole State
Texas he sad had been taken from the Mexican Government
by citizens Of the United States yet for that act this Govern
men could be held answerabe Mexico. Neither cout
be Justly held responsible fer the unauthorized at
in question Texas must maintain the authority Of her
laws against violation the part Of individuals.
Mr. SEWER inquired what redress Texas could expect
obtain from individuals, particularly that she formed
part of the Union II she st independent she nigh
make reprisas; but she had remedy but to appeal
this Government Could the Senator from Massachusett
point out any other mode by which Texas could obtain
dress The Senator said Texas had been robbed from Mex
co il was altogether different matter from the present Thi
country had been robbed from Great Britain too Ivy
tors in the exercise OF the glorious right Of rebellion.
Mr. DAVIS observed that il not for him to point on
who should make restitution those who suffer losses II
enough for him to know that il not incumbent on thu
Government The natural 10 look for redress
those who commit the depedaonsthose who peperate th
wrong.
Messrs JARNAGIN, HUNTINGTON, and J. M. CLAY
TON and by Messrs BREEsE and WESTCOTT in its IA
yor the question taken the amendment, by yeas an
nays, and decided in the affirmative as follows:
YEAS-Messrs. Barrow Berrien, Bright, II. Clayton,
NJ Clayton Corwn, Davis, Evans Fairfield Greene, Hunt
ington Jarnagin johnson Of Louisiana, Lewis, McDue
Mangum, Miller, Miles, Pearce, Phelps Simmons Upham
| and Woodbridgc,-23.
| NAYs-Messrs Allen, Ashley, Atchison, Atherton Bag
by Brcesc Calhoun Cass Chalmers, Dickinson, Dix, Han
nsgan Jenness Penny hacker SEWER Spegh Sturgeon Tur
new Westcott, and Yuee-20.