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

4 annexauOn OF cxaa'
The VICE PRESIDENT. There has been motion
made and rejected strike out the whole section Conse
queny 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 move to strike
o The VICE PRESIDENT. Not after motion has beer
made and rejected strike the whole The amendment
will be in order when the bill shall have been reported to the
Senate.
D. Mr.. UNDERWOOD have prepared an amendmen
1na wish to bring to the notice Of the Senate but shall
no occupy their time by discussing il at any length At
subsequent PERIOD when get the bill of COMMITTEES
get INTO the Senate, may perhaps submit remarks
so to do. fl.'. -'' - - '- $3.50. :
have provided in this amendment for suit to be nsti
" INC oae OF TEXAS against the United States in the
supreme Cour to settle the title with regard 10 the disputed
boundary between Texas and New Mexico in case Texas
should Iect ne propositions which make to her in the
thirty ninth section Of this BILL If Senators will look at that
secton and consider IN all its bearings thew will find b.
If Texas rejects the propositions which we make ~ her
there nothing beyond that there is no remedy. NO pro
vision made for settling the controversy In preparing h
amendment have looked little ahead to what might
happen in the event that Texas rejected the proposition which
this Government makes to her. II Texas should reject the
proposition she would still retain her claim to the whoe Of
New Mexico. and this Government would likewise retain lis
claim and its possession, according the suggestions made
in the message of the President Thus instead Of
settling every thing should occupy precisely the ground
standing upon-Texas with her claim the
oy and the United States with her possession of the terri
/
template that state of things
think that the order of things is that State should
become the actor against the person possession do
see the necessity Of bill to quiet the title. do why
Texas might not just well become the that this
Government should The amendment proposes to give Texas
the right institute the suit But can be amended by the
Senate give the option the suit either
party My object offering the amendment to call the at
tenton Of the Senate the subject and show the Senate
that Texas rejects the propositions offered her, we would
be left precisely where with the Government Of the
United States in possession Of the territory, and Texas still
asserting her claim to it. and nothing would be done. My
object therefore, present to the Senate remedy for
this state Of things. ff,a
The terminating clause in the last section Of the bill is as
| follows: q
said State Of Texas shall refuse or decline 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 condition these articles of
had been rendered to the acceptance of the
State of Texas"
will be SEEM therefore, that if Texas refuses accede
to the propositions offered her, they will become null and yod
and the United States will be RENTED back to all their terri
oral rights and Of course Texas all her claims though
nothing had been DONE propose to continue this article,
and make it read thus: H
Add to the bills 'And thereafter shall be lawful for the
said State Of Texas by bill petition, institute suit against
the United States in the Supreme Court asserting the title of
the State OF Texas to the whole part Of the territory
lying Of the Rio del Norte, Rio Grande and line
due north from the thereof to the forty
degree Of north latitude claimed by the United States
the second day Of February eighteen hundred and
and in the said shall determine and decide that the
State of Texas has the better title the territory thus sued
"Sec. -4nd6e further enacted That upon the filing of
bill petition BY the said State Of Texas aforesaid it
of in the hands the Marshal Of the District Of Columbia
who shall deliver the to the President of the United
States and make due return that fact to the said court and
the shall stand for trial the ensuing of said
Provided there be sixty days between the delivery Of
said copy to the President and the Of the said
term 4nd oded also, that said court may continue said
SUIT from term to term, should 1t be necessary.
Sec: And 6s further enacted, That it shall be lawful
al counsel aid the Attorney General in the conduct and
agement of said suit the part Of the United States.
Sec - And be it further enacted That said court is here
by authorized mode of taking evidence touch
ing all matters which the court shall deem inquire
into and to appoint more persons o obtain such evil
dence. ~
"Sec -. and be further enacted That in the event the
State of Texas shall reject the terms in this act her
stute suit the Supreme Court as is herein provided for
it shall then be the duty Of the President of the United States
said Supreme Court against the State Texas tor the
pose Of settling the title to the disputed Territory
Now; have sad do not mean to discuss this propo-
son any length It simply presents the means by which
Texas proceed before the Supreme Court TO have her
title decided she thinks proper to resort to an action
of the kind. know has been nsimated by one of the
gentlemen from Texas that there will be reluctance to APP
peal to that tribunal to settle the controversy But do not
perceive how uEder the constitution of the United States
cannot settled in any other mode unless Texas accedes
the terms which, il this bill be adopted will be proposed
her unless after she rejects them Congress should think
proper make other propositions her. to which she should
accede. Now, to allowing Texas to reject the
propositions made, and then for this Government to
make other propositions to give Texas opportunity OF re-
cng the second set Of propositions and throw upon us the
duty of making third, fourth fifth set and so on until
compromise effected am disposed, in the event OF the
first reflections proceed udiciay believing that the supreme
Court has jurisdiction in the do not perceive any
mode Of settling it. unless be to authorize Texas TO COM
suit against the Government
sui be brought against
the United States even by State without the authority OF
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 every day practice. The laws
tolerate practice Of that sort But there has been in
stance that know Of Whole has been judiciay deermin-
ed that individual the Government unless the
Government by Of Congress- chooses to justify and au-
thorizs proceeding Of that Sort apprehend, therefore
that under the constitutions it would not be in the power Of
Texas institute suit against the Government to try this
tile unless the Government authorizes Texas to do
the should think proper to authorize Texas to
bring suit, then entertain doubt that Texas may do
constiuonay and legally, and the decision Of such
su would ultimately settle the whole controversy to title
think therefore, that 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
conceive that be the proper mode of udcay settling
the question: because have possession Of the territory and
retain that possession and organize territorial go
This bill if il goes into effect will give organ-
zaon Territorial Government for New Mexico forthwith