The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-07-30

THE MORNING BUSINESS.
The Report Of the Smithsonian Institution pre-
scented
The joint resolution authorizing the expenditure of
unexpendsd balance of appropriations considered
and ordered to third reading.
CONTEMPLATED
Mr.. CLEMENS introduced a resolution Of inquiry into
the proprety Of comforting upon Gen Scott the rank
of Lieutenant General in consideration of his distn
guished services in the with Mexico.
DRAWBACKS DESTINED
On motion of Mr.. PHELPS, the Senate took up bill,
the general object of which to allow drawbacks
upon goods transported through the United States to
Canada wholly by lsnd-the present law providing for
such drawbacks only upon goods transported in part
by water.
After some discussion, Mr. Dickinson moved that 1t
lie over until to morrow which was agreed to
THE ooSPRoMsE-rHE TEXAS BoUsDARr.
After the consideration Of the morning business the
Compromise bill was again taken up-the question
pending being upon Mr.. Bradbury's amendment pro-
vdng for the ascertainment of the boundary
by board Of commissioners, whose action shall un-
dergo subsequent consideration and revision by Con-
gress and by Texas.
Mr. DAYros moved to,amend the amendment substi-
tuting the provision authorizing Texas institute
suit for the settlement of the boundary question in
the supreme Court OF the United States and providing
that II Texas fail to bring such suit within twelve
months II may be brought on behalf OF the United
the amendment.
Mr.. DAYTON desired to know what Texas wanted.
by her representatives Now 1t proposed to sub
init the question to the highest tribunal in the land
yielding to her5pse DIRT.
Mr.. BENTON advocated the amendment.
Mr. TuRSEr said, the effect of purchasing any terri
tory Of Texas would be to transfer from under slave
constitution, and make IL free soil. He opposed
also to the proposition for board Of commissioners,
which would never give Texas her true boundary.
Knowing the views of the President, who was to APP
point the commissioners, 1t easy to understand
what would be their views and constant action. He
liked the proposition to carry the question the SUI
spreme Court better than either Of the others, and
would vote for the amendment to the amendment.
Mr. CLAY said he had referred the original PROPOSE
ton to Texas for the settlement Of her boundary for
reconsideration, but in the desire TO secure settle
ment and peace, he had objection to voting for
Bradburys amendment, which, in effect, submitted
the question TO and he would ask who did
not know that although they might exact the right to
carry any question TO the courts, there also
right submitted to arbitration by commissioners, or
In any other way. The proposition for a commission
held out hope for the settlement OF the Texas ques
ton, and the avoidance Of threatened civil war.
The submttal Of the subject to the Supreme Court
quired legal enactment. The could be carried
TO the supreme Court at any tme-why, then, insert
the provision TO that effect in this bl' But he de-
sired In order TO Understand the Senator from New
Jersey, 70 ask him whether, II this amendment pre-
vailed, he would vote for the bill
the world.
Mr.. CIAy-The Senator replies in the negative.
May no. the Senator from Texas (Mr. Rusk) Justly
tort upon him by asking what he wants
MT DArroS said If the gentleman would separate
this Texas que sion from the other, and allow him to
vote upon II indepen IDENTIFY, he would vote for his
pending propositions but when the senator put with
II other Ingredients offensive to him. he would not
vote for the Objectionable measures with view to
secure even that which he favored. He believed Il
was usual for Senators to endeavor TO improve any
bnl, even though they might design voting against Il
in the end that in the event of ts passing may
be ~ little obi ctionable as possible.
Mr. USprRwooo. in the course Of few remarks, de-.
clared his readiness to yield his opniJns and
vote for almost any that would lead to set
MT nd peace
Mr.. BrsTos referred to Mr.. clay's expression Of a
hope that th.l measure would procure a settlement,
and enqured whether Il for this hope merely that
the Senate had been engaged In six months discus
sion 10 the delay o. California aud all public busl-
nets' Had all this been Tor the simple hope of set
'tlemeut' He thought that every Senator must nov
see the iniquty Of this mixing OF incongrueus mea
surcsi there had not been au hour since the trans
mission Of tho California message 20 Congress, when
the admission Of that State had not shortly this
eoor and yet that question had been postponed for
months and for the mere hope Of settlement Of
other questions. II the Senator from Kentucky (Mr
Undervood) ready to vote for any which
would secure settlement. be would say to him, lay
this bin upon the table and take the separate bills
relating 90 the same Question. He would ask him 10
leave this Omnibus, out Of which the heaviest pas
senger with the ten millions, had been spilled. He
desired also 10 say TO the Senate aud to the American
the session when there had been majority OF the
Senate in aver Of the object Of each Of the measures
contained In the bill II presented each by itself and
~ the Senate had been allowed 20 do one thing at
time. as the hrmer. mechanic and lawyer does, the
general object Of each OF these measures would have
Mr. Cas- said the Senator from Missouri was mis-
taken when he supposed every Senator must see the
tnquity Of combining these measures the contrary,
he but cav the more clearly its patriotism and
wisdom. Who did not know that the attempt In the
hrst instance 20 admit California as indspends Mt
measure, would have raised sestional question such
as the country had never beforel Was " net
tionai question The Senator from Missouri lad OBJ
-iscted 10 the term hope by Mr. clay he would ask
upon what else all legislation rests than the hope the
confidence the belief that IL would produce the de-
amendment because he preferred the arbitration Of
the supreme Court 20 the committeeman however,
because he had any confidence in the decision OF the
supreme Court but because he believed there
thing az iesuenothing At stakethe OF Texas
being forcEone conclusion. The supreme Court VA,
composed % men, and he knew very we'll how that
court was constituted geographically, and kno sin
also the history Of past decisions Of that court he
felt fully assured that u would allow the claim Of
Texas which could not be stated before honest
and unbiased jury
PMr f0orE suggested 70 the friends 81 the measure
TO avoid further discussion
Mr.. DAvroS expressed his foll confidence In ths
supreme Court They were, In his opinion. removed
above ans ayond All political and personal influences
Mr.. EwtSG cited the ease Of the boundary dispute
between Missouri and Iowa as one in Which the sa.
In favor OF the free States lie expressed in strong
terms biz hish opinion Of that Court and his conn
dence In ~ decision lie declared himself opposed 10
Mr.. Bradbury's amendment. bccanse ~ was simply a
postponement Of the question. lie vas In favor o. a
Texas however could not institutes suit against the
United States except a Law be passed BY Congress,
kNlht tuch power Inc United states could bring
suit aeainft Texas but the United states were in pos.
session lie vas In favor. then, Of aHording the only
means which could be offered for the bringing Of a
suit
Mr.. Toorr inquired whether Mr Ewing meant to
be und.rftood saying that II ps,ent bring
suit for the settle q the boundary Of Texas be-
fore the erection Of New Mexico into a stateg
MR.. EwtvG said Il vas not nov competent but weuld
b. upon the psssage by Congress Of Law authorizing
such Fuit
Mr. ToorE read from the message of the late PresI.
dent which be supposed received the unanimous ap.
prova of his cabinet In which the President refers 10
the fact that suit could not be instuted things
then were The Senate agreed with the late President
In that opinion, and had acted accordngly; but
ut this late day, member Of the cabinet came into
the Senate. ssd told them that opinion was good FOR
nothing
Mr. Fviro maintained thst there was no contradic-
tion between the message and the opinion expressed
BY him The message Old not say that 70 was On the
power of Congress a. pass Law authorizing suit Il