The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-09-24
Which Mr. HALE had moved to amend bv add

| ing the following; as -
"Prorided, That the laws abolishing slavery
in the said territories excepted frol, this re-
pealing clause"
The question being on the amendment of Mr..
| HALE, it was rejected.
| On the amendment of Mr. DAVIS. Mr.
HAMl.IN called for the yeas and nays, and they
We're ordered, aud being taken, resulted as fol-
! lows:
YEAs-Messrs. Atchson, Bell Bcrren, But
Ter, Clemens, Davis of Mississippi, Dawson,
Foote, Houston. Hunter, King, Mason, Morton,
pearce, kusk, Sebastian, Soulc, and Yulee-lS.
| NAYS = Alessrs. Badger, Baldwin, Benton.
Bright Cass, Chase, Clarke, Clay. Coo, g.. Cor,
win. Davis Of Massachusetts Dnrtnn. i)odoe of
Wisconsin,, Dodge Of Iowa, Pelch, Greene. Ham.
lin, Jones, Miller, Norris, Phelphs, Pratt Shields.
Smith, Spruance, Sturgeon, Underwood, Uphau.
Walker, and Whitcomb-3O pans
So the amendment was rejected.
MIR. Benton, at an earlier period of fin. d,v
before this bill was taken up, gave notice 10 tLs
Senate of his intention, at convenient opportn.
nlty, to offer nn amendment, which he submitted
that 1t might be ordered to be printed.
The amendment was ordered to be printed as
follows
Strike out of proposition LIST, of section 80
after the word " beginning" these words :. nj
the point of the Rio del Norte, commonly called
FL Paso, and running up that river twenty miles.
measured bv a straight line thereon, and thence
eastwardly to point where the hundreth de-
gree OF west longitude crosses Red river, being
the southwest angle on the line designated be-
tween the United States and Mexico, and the
same angle IN the line of the territory set apart
for the Indians by the United States" and IN.
sert after the said word beginning" these
words, at the point in the middle of the deem
est channel on the Rio Grande del Norte, where
the same is crossed by the one hundred and sec
ond degree of longitude west from the meridian
OF Greenwich; thence north, along that longi
tude, to the thirty fourth degree Of north lati.
tude; thence eastwardly to the point at which
the one hundreth degree of west Longitude
crosses the Red river"
,r = June 18th
The Senate having under consideration. as in
Commute OF the Whole, the bill for the admission
OF California as State into the Union the estab
| lishment or the territorial governments of Utnh
and New Mexico, and making oposals to Tex
as for the settlement Of her Northern and Western
Mr.. UNDERWOOD said: have prepared an
amendment which wish to bring to the notice of
the Senate shall occupy the time of the Senate
in discussing it now. / will notify the Senate of
1t now, and perhaps at a subsequent period NAV
submit some remarks-when we get into the
Senate-uness, upon consideration, I think il is
altogether improper.
| 4 have provided, in this amendment for sut
to be instituted by the State of Texas against the
United States, in the Supreme Court Of the United
States to settle the title in regard to the disputed
boundary between the State of Texas and New
Mexico, in case Texas should reject the PROPOSE
ton which the United States offers to her in this
39th section. II senator's will look at that section
and consider 1t m all it's bearings, they will find
that II Texas rejects these propositions there is
nothing beyond that there is no Ie,nedy-no pro-
vision made for settling this boundary In pre-
pairing this amendment, have been looking ahead
| to what might happen in the event that Texas re-
jects these propositions. Should she do so, she
would still retain her claim, to the whole of New
Mexlco--this government likewise retaining its
claim and possession according to suggestion
made IN a recent message Of the President-and
we should, instead of settling every thing be left
precisely on the same ground we are now occu-
pying-Texas with her claim to the territory, and
the United States with her possession I wish
senators to contemplate that state of things
Mr.. WEBSTER here made remark, inaudi-
BILE to the Reporter
Mr.. UNDERWOOD. ] think that the natural
| order Of things is, that the State shold become
| actor against the person in possession
Mr.. WEBSTER. Why not file bill to quiet
the title,
Mr.. UNDERWOOD. do not see WHY Tex
| as should not be the actor in that view of the
case.
Mr.. CLAY. Suppose she should refuse to do
so
Mr.. UNDERWOOD. NY object is to bring
this matter to the attention Of the Senate for if
Texas rejects the propositions, we left pre-
cisey where we now are-the Government of the
United States In possession of the territory Tex
as asserting her claim, and nothing done to bring
this matter to termination. My object is to pre-
sent remedy to the consideration of the Senate
which will read. 1t is to be added to the BILL /
will read the terminating article, which is as fol-
lows:
9th If the said State Of Texas shall refuse or
decline to accede to the preceding articles, they
shall become null and void; and the United States
shall be RENTED back all their territorial rights
in the same state and condition if these articles
of compact had never been rendered to the accep-
lance of the State Of Texas.
1t is to be perceived from this sixth article, that
if Texas should refuse to accede to this PROPOSE
tion the United States to be RENTED back to
all their territorial rights, and of course Texas
has all her claim before, if nothing had been
done. propose to add the following:
And thereafter it shall be lawful for the said
State of Texas, by bill Of petition, to institute a
suit against the United States In the Supreme
Court, asserting the title of the State OF Texas
the whole or any part Of the territory lying east
of the Rio del Norte or Rio Grande, in a line
drawn due north from the source thereof to the
AID deg. of north latitude, now claimed by the
United States, under the treaty made with Mexico
at Guadalupe Hidalgo on the I'd day of February,
l848; and in the said court shall determine
and decide that the State Of Texas has the better
title the territory thus sued for, such decision
shall be obligatory upon the United States
BE it further enacted, That, upon the filing of
any bill or petition by said State of Texas, as
aforesaid it shall be the duty of the clerk of said
court to place copy thereof in the hands of the
marshall of the District of Columbia who shall
deliver the same to the President Of the United
States, and make due return of that fact to the said
court; and the shall stand for trial the next
ensuing term Of said court, provided there be sixty
days between the delivery of said copy to the
President, and the commencement of the said term,
and provided, also that said court shall continue
said suit from term to term, should it be neces-
sary.
Be it further enacted, That it shall be lawful for
the President Of the United States to employ two
additional -- to the Attorney General in the
conduct and management of said suit on the part
of the United States.
BE il further enacted, That the said court is
hereby authorized to prescribe the mode of taking