Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-29

annexation OF Texas tIla.e.7r iHtatlrtt tttf a
The VICE PRESIDENT. There has been motion
made and rejected strike out the whole section Conss
quent, this amendment will not be in order until the bill
shall have been reported to the Senate.
Mr. BALDWIN Is it not in order to to strike ou
part of section.
u The VICE PRESIDENT. Not after motion has beer
made and rejected strike out the whole The amendment
Senate
u Mr.. UNDERWOOD. have prepared an amendmen
that wish bring the notice Of the Senate but shall
not occupy their time by discussing any length. At
period, when get the bill of COMMITTEES
~ INTO the Senate, may perhaps submit some remarks
so to do. tgirT a - 1850. -
have provided in this amendment for suit to be nsti
ued by the State Of Texas against the United States in the
Cou 70 settle the title with regard to the disputed
boundary between Texas and New Msr;co IN case TsY.s
should ect the propositions which we make To her in the
thirty ninth secon Of this BILL If Senators will look at that
section and consider it IN all its beangs they will nd that
If Texas rejects the propositions which we make to her
there is nothing beyond that there is no remedy. NO
vision is made for settling the controversy In PREPARING ,bs
amendment have looked little ahead to see what MIGHT
happen m the event that eIas rejected the proposition which
this Government makes to her. II Texas should reject the
proposition she would still retain her claim to the whole o
New Mexico, and this Government would likewise retain lis
claim and its possession according tho suggestions made
in the recent message of the President Thus instead Of
settling every thing we should occupy precisely the ground
standing uponTexss with her claim to the ter
rtoy and the United States with her possession of the terri
tory and nothing wsud be done. wish Senators to
template that state of things.
think that the order Of things that State should
become the actor against the person in possession do not
the necessity of bill to quiet the title. do why
Texas might not just well become the that this
should The amendment give Texas
the right to institute the suit But be amended by the
Senate give the option of the suit to either
party My object IN offering the amendment call the at
enon OF the Senate TO the subject and 10 show the Senate
that if Texas rejects the propositions offered her. we would
be left precisely where now, with the Government the
United States In possession of the territory, and Texas still
asserting her claim to it, and nothing would be done. My
object therefore, is to present to the Senate some remedy for
The terminating clause in the last section of the bill is as
follows @ aa *
the said State Texas shall refuse decline accede
the United States shall be RENTED back all their territorial
rights in the and condition if these articles Of
compact had been rendered to the acceptance Of the
State of Texas"
It will be seen, therefore, that if Texas refuses accede
to the propositions offered her they will become null and void
and the United States will be RENTED back to all their terri
toia rights and Of course Texas to all her claims though
nothing had been done. propose continue this article
and make it read thus M
Add to the bill sAnd thereafter it shall be lawful for the
said State Texas bill petition to institute suit against
the State Of Texas the whole any part the territory
lying Of the Rio del Nore, Rio Grande and line
daw Que north from the source thereof 70 the
under the treaty made with Mexico Guadalupe Hdago
the second day Of February eighteen hundred and
State Of Texas has the better title the territory thus sued for
such decision shall be obligatory upon the United States
"Sec. and further eaaacted That upon the filing of
any bill or petition BY the said State Of Texas as aforesaid It
shall be the duty the clerk of said copy there
Of the hands Of the Marshal Of the District of Columbia
who shall deliver the the President of the United
States and make due return of that fact the said court
the shall stand for trial the next ensuing term of said
said copy President the of said
term And rovded Also that said court may continue said
SUIT term 70 gr inoGa q Th b. lawful
the President Of the United States to employ two
counsel to aid the Attorney General in the conduct and man.
agement of said suit the part Of the United States
Sec find be further enacted That said court is here
authorized the mode of taking evidence touch
ing all which the shall deem necessary inquire
into and to appoint persons to obtain such
dence. ~
Sec - Ind be further enacted That in the event the
State of Texas shall reject the in this offered her.
and shall within months after such rejection in
stute the Supreme Court is herein provided for,
shall be the duty the President of the United States
suit the United States be instituted
in said Supreme Court against the State Of Texas for the
pose Of settling the title to the disputed Territory.
Now as have said do not mean discuss this propo
sion at any length It simply presents the by which
Texas may proceed before the Supreme Court to have her
title decided in she thinks proper to resort to an action
of the kind know it has been intmated BY Of the
gentlemen from Texas that there will be reluctance to ap
peal to that tribunal to settle the controversy But do not
perceive how uEder the constitution of the United States
cannot be settled in other mode unless Texas accedes
to the terms which, II this bill be adopted Will be proposed
her unless after she rejects hem Congress should think
proper make other propositions to her to which she should
accede. Now, to allowing Texas to reject the
propositions made and then for this Government to
make other propositions give Texas opportunity OF re-
cng the second set of propositions and throw upon us the
duty of making third, fourth, h set and so on until
compromise is effected am disposed in the event OF the
rejection proceed udcay, believing bs the Supreme
Court has jurisdiction in the do not perceive any
mode of settling it, unless be TO authorize Texas 10 COM
suit against the Government.
Mr. President think thata suit cannot be brought against
the United States by State, without the authoy OF
an act of Congress authorizing such course OF proceeding
has been settled by formal adjudication that an individual
cannot sue the without the authority OF an act
of Congress to Justify him do The Government may
sue individuals. That is every day practice The laws
tolerate practice of that or But there has been no in
stance that know Of whore has been judiciay determine
ed that an individual the Government unless the
Government by of Congress, chooses to justify and
horze proceeding Of that sort. appehend, therefore,
that under the constitutions would not be in the Of
Texas to institute suit against the Government to try this
title unless the Government authorizes Texas to do
the Government should think proper to authorize Texas to
bring suit, then entertain doubt that Texas may do
so constutonaly and legally, and the decision Of such
suit would ultimately settle the whole controversy to title
think therefore, that it will be proper to add to the bill
some such provision as that which have offered.
As the United States bringing suit against Texas do
that be the proper mode Of udicay settling
question: because have OF the territory and
retain that possession ndorganze territorial go
This BILL it goes into effect will give organ-
zaion Territorial Government for New Mexico forthwith