The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-07-30
THIRTY-FIRST CONGRESS.
FIRST SESSION.
SENATE.
NIoYpAy, July %, 1850.

SENATE.
BOUNTY LAND BILL.
MIR. DICKINSON presented a remonstrance
signed by large number oil mechanics OF new
York. against the passage OF the Bounty Land
bill. ....u.,.,,,-,,,
The CHAIR laid before the Senate the annual re
port of the Board of Regents OF the Smithsonian In
stitution
MIR HALE moved, and the Senate proceeded TO
the consideration of the bill for the relief OF David
N Smith and the bill was ordered 10 be engrossed
for third reading.
DRAWBACKS on FOREIGN MERCHANDISE.
Mr. PHELPS moved, and the Senate proceeded
TO the consideration of the bill amendatory OF the
act entitled 'An act allowing drawback on foreign
merchandise exported in the original packages To
Chihuahua and Santa F6, in Mexico, and to the
British North American provinces adjoining the
United States" approved March 3, 1915, and for
other purposes. And after debate, the bill was
postponed till to. morrow.
Observation-Disclosures.
Mr. HAMIIN submitted the following resolution,
which was agreed to-
Resolved That the Secretary of the Navy be re"
quesed TO furnish TO the Senate as early as pracu
cable copy of all such reports and communica
tions from Commodore Jones file in his office as
relates to the topography OF the bay OF San Fran
cisco, and especially 10 the position and advantage
of Benicia as port OF entry and naval and mill
tary depot.
Mr. CLEMENS submitted the following rcsolu-
ton, which lies over
Resolved That the Committee on Military Affairs
be instructed to in aro into the expediency OF con
ferring, by law the breyet rank of Lieutenant Gene
raj on Major General Winfield Scott, with such
additional pay and allowances may be deemed
proper in consideration of the distinguished servi
ces rendered to the republic by that officer during
the late war with Mexico.
ACKNOWLEDGEMENTS GOVERNMENTS.
The Se,.ate then resumed the consideration OF the
bill reported by the select committee of thirteen
TO admit California into the Union State; pro-
vidipg territorial governments for Utah and New
Mexico: and making proposals TO Texas Tor the
settlement CT her western and northern boundaries
The question pending on the following
amendment moved by Mr. BRADBURY, in lieu of
the 18th section-which section contains the pro-
poaa.s to Texas relative to her boundary:
THAT the President Of the United States be and
lie is hereby authorized, by and with the advice
and consent of the Senate, to appoint three commits
eioners, who shall have power to agree with such
commissioners as may be appointed under the le-
gislative authority OF the State oil Texas, upon
line of boundary between the territory of the
United States and the said State of Texas, com
mencng at the point where the Red river Is inter
sected by the Tooth degree OF west Longitude be-
ing the southwest angle of the Indian territory,
and running to point the Rio Grande, to be
agreed upon by the said commissioners; and also
to agree upon the terms, conditions, and consldera-
ton upon which such line shall be established; and
the proceeding and agreements Of the said COM
missioncrs shall be, soon possible, transmit
ted to the President of the United States, to be by
him submitted Congress, for its action thereupon;
and the said agreement, when approved by the
Congress of the United States and the legislature OF
the State of Texas shall be obligatory upon the par
ties"
Mr. DAYTON moved TO amend the amendment
by striking oct all after the first word chat and
insert follows:
Add to the bill: "And thereafter it shall be law
ful for the said State of Texas by bill or petition
to institute suit against the United States, III the
Supreme Court, asserting the title OF the State OF
Texas to the whole any part of the territory
lying east of the Rio del Norte, Rio Grande, and
a line drawn due north from the source thereof to
the forty second degree of north latitude, now
claimed by the United States under the treaty
made with Mexico at Guadalupe Hidalgo on the
second day of February, eighteen hundred and
forty eight; and in the said court shall deter
mine and decide that the State of Texas has the
better title to the territory thus sued for such de-
cision shall be obligatory upon the United States
''SEc. Ind be IL further enacted That upon the
filing Of any bill or petition by the said State OF
Texas az aforesaid, it shall be the duty of the clerk
of said court place copy thereof in the hands o.
the marshal of the District OF Columbia, who shal
deliver the same to the President of the United
States and make due return OF that fact to the saiC
court and the shall stand for trial at the mex
ensuing term Of said court Provided, there b.
sixty days between the delivery Of said copy to tn
President and the commencement of the said term
44nd provided also, that the said court may con
tnue said suit from term to term should II be mecca
sary.
be lawful for the President Of the United States q
employ two additional counsel 10 aid the Attorney
General in the conduct and mana cement Of saiC
suit the part of the United States.
CSC lind be II further enacted That sale
court is hereby authorized to prescribe the mode o
taking evidence touching all matters which the
court shall deem necessary TO inquire into, and &c
appoint one or more persons TO obtain such evi
dence.
"SEc And be IL further enacted, That in tn,
event the State Of Texas shall reject the terms il
this offered TO her, and shall not within twelv
months after such rejection institute suit in tn
Supreme Court, a is herein provided for, il shall
then be the due Of the President of the Unite,
States to cause "a suit in the name OF the Unitc'
States be instituted in said Supreme Court agains
the State Of Texas, for the purpose Of settling th
title to the disputed territory.
MIR. DAYTON said that he desired TO present tn
issue directly TO the Senate, that choice might b
made between the alternative of referring this con
troyersy TO the uncertain adjudication OF commits
soncrs, the one designated by the Constitution
the Supreme Court Of the United States, whose de
cision would be final, and by which the subjcc
would be taken away from Congress forever.
Mr.. RUSK said that be had not the shghtes
doubt as TO what would be the decision Of the Su
preme Court, or Of any other court, this sub
ject. But the amendment placed Texas in the pc
sition as being the party who has failed in the ega
assertion of her gbts. He considered that the Su
preme Court had no jurisdiction the case. ii,
opposed the delay which such a suit would &C
casion, and pointed Ju the danger that there woulS
be several States made out Of her territory in tn
mean time, and be represented in the Senate an'
in the House.
Mr.. DAYTON and Mr.. RUsK continued the dc
bate
Mr.. BENTON supported the amendment.
MIR. CLAY replied to Mir, DAYToS opposing hi
amendment, and supporting that Of Mr.. BRAD
BURY.
MIR. UNDERWOOD followed, stating that b
was in favor Of the mode Of settling this subjco
proposed by the Senator from New Jersey, but III
not think II would be likely be adopted. II
would vO,o then for the amendment Of the Senate
from Maine.
Mf. BENTON replied, and in the course Of hi
remarks said that 1t was his opinion that there ha
Leon, ever SINCE ,he session commenced, majorit
Oh The Senate in iayor Of the general subject matte
uf he four bills now before the Senate; and II the
were talon up separately, he believed each, not !
it. present form, but in lite general object, woul
command a majority of the Senate.
Nj. CASs replied, and Mr.. BENTON rejoined
Mr.. HALE spoke in favor of the amendment
Mr.. DtYroS, expressing himself satisfied that II
result Of this whole question would be, that n
United States would have 10 succumb, and TeS'
triumph and he thought that such result, whe