The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-22


ala copy 10 The President and the o. lLe
I'D ,en and provided also. that said court sha continue
said suit from Term 10 term, should = 70 Nee ~
Bs ~ further saaeed That shall be lawni Tor ne Tres
dent Of the United States employ TWO aditlonai 49,
10 the Attorney General IN the conduct ana management
~ I'D suit on the part of the United states,
be IL ~ thsr enacted That said court 70 hereby author
lied prescribe the mode o. 'aklns esaasnos, "ucnne
ino and appoint ole or more persons 10 obtain saoh
evidence ~, IL he ayan, he s,.,a ~ .rax.s
hal ,yset he Terms in this offered her. and shall
within - months afer such reJscon institute snit IN
me SaPe@e - he President Or the United States 70 cause
snit in the Of The United States 70 be instituted in
ala Snene against the State of Texas for the pur-
aoss III seting the title to the disputed territory
Now, sir as said do not by any means intend to 90
into lengthy discussion OF this proposition, which sim.
nly presents by which Texas may proceed, II
ne chooses. before the Supreme Court, 10 decide her
de n she thinks proper TO resort 10 an action OF
that kind. know il has been intimated by one OF The
senators from Texas that there would be reluctance 10
yield to that tribunal settle this controversy But do
not perceive how, under the constitution Of the United
States il be settled in any other mode unless she &C
cedes To the terms proposed TO heor should she reject
them TO have Congress make other propositions 70 which
she may accede, Now, | am averse TO allow Texas 10
reject the propositions now made to her Tor the purpose
OF having this government make other propositions and
give Texas the opportuniyo rejecting the second sci OF
propositions, and having the United States going on to
make the third fourth, hiih, sixth propositions ana SO
on until compromise is accepted. am disposed, IN me
event OF the rejection Of this proposition by Texas, 10
proceed jndicaly beeyng that under the constitution
OF the United States we have right 70 proceed u inns
manner | am disposed in OF the rejection upon the
mart of Texas, to proceed juically 10 have the matter
hnaly determined and settled and do not perceive any
mode Of doing il unless 4 be to authorize Texas 70
commence suit against the government OF the United
States. !, IN,
bronght against the United States, even by State, with
ont authority BY act Congress to do Il has been
settled as conceive, by former adjudication, that an in
dividua cannot the government without some author
ity by act OF Congress, ustfyng him in so doing The
nj may individual That every.
day practice, which the laws tolerate But there has
been no sNee thai know oil where II has been JUDI
cialy determined that an individual sue the govern
meni unless the chooses by act OF Congress-
to Justify il, and authorizes proceeding OF that sort
aprehed, therefore, that under the constitution could
moi be in the power If Texas u institute suit aga INST
the government OF the United States to try this nile I'M
less the government authorizes Texas to DO So: II The
government should think proper 70 authorize Texas 70
bring the suit, then entertain no doubt that Texas may
do So properly and legally and that the decision will SET
lie the dispute, so lar IS tile is concerned.
therefore conceive that il will be proper to add to
the bill some such amendment have suggested BY the
proposon have read As 10 bringing the SUIT against
Texas BY the United States, do not conceive that to be
the proper mode OF bringing the subject for settlement be-
fore the Judiciary because have possession, and
can retain that possession and organize territorial gov
eminent there understand that this bill if il goes into
effect will give s h . ma a. na goy ,ha
we to delay the appointment OF governor. or 70
delay the appointment Of judges, to delay the organi-
zaon OF Local legislation un me @ q e y
Of the BILL the Judges the governor, the territorial egs-
lation. will all be organized, and all IN operation we
shall then have under the provisions OF this bill exist
Ing government in New Mexico, ternoia government
il full operations and that territorial government will be
put in full operation against the claim OF Texas We
SHALL therefore, under the provisions OF this bill, have
existing governments and possession Of the terrory and
in consequence OF that state OF facts II does seem TO me
that the judiciary shall be appealed 10, for the purpose
OF settling the controversy, will be proper to authorize
Texas BY some such provision have mentioned, to file
its bill petition against the government OF the UNI
ted States.
AS to the jurisdiction Of the Supreme Court, think it
spefecy manifest upon the face OF the constitution
upon grounds Oae ground is, that the constitution
expressly gives the Supreme Court jurisdiction where
State shall be party. In this case, State will be
party Another ground of jurisdiction is, that the Judci
airy OF the United States may take cognizance OF all
causes growing out OF any treaty The whole contro-
versy here grows of the effect OF treaty. say this,
not in reference the Supreme Court but 10 the Judicial
~. Let me explain it, Where a Stale is party, the
Sapreme Court have original jurisdiction then proceed
10 say that the judiciary Of the United Statesmen the
Supreme Court-have jurisdiction in all matters growing
out OF treaty, and those may be brought TO the
Court BY appeal from the circuit courts Of me
litigation and the constitution allows the Supreme
Court TO entertain original jurisdiction where State rs
e ued ses and Mssco there 10 me 70 Be
double propey in giving the Supreme Court jurisdiction
in this case and settling the controversy between and
against The United Sales THAT is The ear ground Of my
amendment. thought il better to allow Texas TO be-
come the actor. instead OF providing by law that the
United States shall Texas. II will be our govern.
men that will be organized under the provisions OF this
bill Our government will be in iull operation, and will
have full possession OF the Territory Under this state
Of facts, II does not make much difference whether the
the other becomes the actor. But it to
that the natural order OF things would be, that Texas
should bring the suit against the United States. have
made this explanation of amendment such think
out 10 be added to the BILL and will say nothing more
upon it.
Mr.. WEBSTER. ] dare say j, will be very proper,
SIR 10 make some provision this subject But would
suggest to the Senate that il any provision shall be
made II should be provision which will be efiecual,
and winch should depend only upon the action OF This
government This proposition gives Texas the right TO sue
gves her, therefore, The right TO forbear suing and IL
she should prefer TO take some other mode oil settling
The question, OF course she will do The direct
course undoubtedly Is 10 say that Texas does not agree
10 these terms rendered her il shall be the duty Of
the President OF the United States 10 suit TO be
Instituted in the Supreme Court for the purpose OF settling
and aciudcaing upon the true line OF boundary bet seen
New Mexico and Texas. We stand, as my friend
near me suggests IN tue relation OF trustee We want
10 settle the question for the benefit OF Nav Mexico and
he equal benefit OF Texas Nothing, therefore, Is more
smpenohing is more direct; and nohlng else will be
eheeual, but for iheUDed States 10 lake the initiative
Itself, 10 The President 10 have suit brought in
The name Of the United States; and very lille is
necessary than 10 say, many words, that the whole
matter shall be reervd because there various rules
relating to all these points in suits where State shal
apsriy. do not think necessary Tor the geuemans
purpose 10 make an amendment Of more than thee
lines. hope the gentleman will consider it, and lei IL
stand without moving Il, until The amendment comes into
the House.
Mr. CLAY beg leave 10 make suggestion by way
OF compfomse--