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

30 that the clause, If the amendment be agreed TO- will
stand thus
Fourth The United States in consideration Of the three
Of dollars in stock bearing FIVE per cent interest," pay
able half yearly Treasury Of the United States the prn-
to be the end OF fourteen years. which said
The amendment proposes to strike the continuation Of
the section:
First applied the extinction any debt for which the
thereof in such manner as the aid State nav direct"
And insert the following:
Applied to the payment and extinction of the public debt
OF said State in the whole pro rata Provided That
payment b the United States of the aforesaid in manner
aforesaid the State of Texas shall release and transfer the
United States all her right title and interest," in and to the
vacant and unappropriated lands lying within her mts
And leaving undsturbed the following proviso:
Provided That nothing herein contained
to imply the liability OF the United States for any
portion Of the public debt of Texas"
Mr.. DAYTON. merely wish to say, in connexon with
that amendment that it should be adopted it will make
two mmatea amendments necessary order make the
bill uniform.
The question taken the motion to print the amend
ment, and agreed to.
Mr.. SEBASTIAN. I have an amendment also, which
ask to have received that the disposition may be made
of it.
It was accordingly read and ordered to be printed.
The amendment proposes to insert the words which
have placed within brackets in the following portion Of the
39th section
positions shall hereby offered the State of Texas
which, being agreed by the said State in by
the passage Of hi. sba with their Condition, and ,iD
uaons and provso be deemed articles Of compact between
the United States and Texas and construed not alter
impair the resolution of Congress annexng Texas to the Uni
ted States respecting the States be thereafter formed
out OF said State
The amendment also proposes add the second clause
of the section, which is in these words:
Second The United States cede the State of Texas all
right claim, and title which they have any territory lying
south the line aforesaid and the said State of Texas cede
sro ns I oe
The words following
PROVIDED That the qualified citizens of said territory
be cededas above together with that Of the Territory Of
Sierra Madre, shall be permitted upon their application and
when they shall have attained sufficient population according
the principles of the constitution Of the United States
form constitutions with without any prohibition of slavery
therein they shall determine and be admitted, in puru
Of the resolutions for the annexation of Texas the
Union upon equal footing with the other States"
Mr.. PEARCE. would inquire if the Senator from Ken
lucky has withdrawn his amendment
Mr.. UNDERWOOD. No; sir it is not Withdrawn.
Mr.. PEARCE. do not purpose at this period Of the
day into the discussion Of this subject large But
struck that the position assumed by the honorable Sem
aor from Kentucky mr.. USDERwooD) perfectly pro
per one and that the popey Of il is capable being placed
beyond the possibility Of doubt propose, therefore, to de-
tain the Senate far make few remarks in support of
the same proposition
Every one must admit suppose, that the language Of
the constitution is broad comprehensive, and absolute and
without any maonhat the Judicial power of the United
States extends all Of controversy which the United
States may be party, and hahere is no Language in the
constitution by which this particular grant of power can be in
anywise limited Gentlemen have however, raised the ques
ton whether this grant of power extends the Of
trovery in which State party at the suit Of the United
States Now, sir was under the impression that the
er expounders of the constitution had treated of this very
question, and fnd upon examination authorities which
<ob Iuui
FORE invite the attention of the Senate few extracts.
find in the sOth number of sThe Federalist sentence
which will read. only promising that this number gives
view Of the judicial department of the Government with re-
gard to the extent of its powers and the different
classes Of which il extends the third class being al
those in which the United States party, in relation to
which the Federast says "S less need be said on the
third point Controversies between the nation and its mem
bers citizens only be referred to the national tribunals
Any other plan would be contrary reason, to precedent
and to decorum."
Now sir who are the members Of this conedeated Unor
but the States of the Union 1t is then to controversies
the General Government with the States, well with nd
vdual that the judicial power OF the Union extends
cordng the authors of the Federa who seeking
to enlarge the powers granted in the constitution, but vnd
eating that instrument and urging its adoption upon thu
people.
Appendix AGO. 42l distinguishes between the word ceases
used in preceding clauses of the constitution and the word
Controversies used in the clause which considering.
The word cases. he considers apply to all SUITS criminal
well as civil the word controversies to include only
such as are of civil nature. He says " as here applied
controversies particularly appropriate to such disputes
Is might arise between the United States and any
moro States respecting territorial fiscal matters"
Judge Story in his Commentaries on the Constitution,
quotes this from Mr. Tucker and adds that in the original
daurht Of the constitution the clause controversies to which
the United States shall be party was omitted but sit
was afterwards inserted without any apparent objection
Imay add that in the original ofthe constitution report
cd by the committee of Aug e. 1857 the Judicial ofhe
United States was extended to controversies between
more States except such shall regard territory or ursdie-
ton and this exception afterwards stricken out Now, is
impossible to suppose that the Convention, while thus amend
ing one clause in section of the constitution, should no
have noticed the Immediately preceding one just inserted and
have limited it, if they designed it to be limitedf
On the WHOLE the general and language OF
the constitution the distinguished authorities which have
cited and the history Of this clause all satisfy me beyond
doubt that the judicial power of the United States does ex
tend to between the United States and State
Now sir the object of this bill is to obtain final adjust
rnent Of the matters in controversy to which the bill relates
There cannot be more difficult and delicate question than
this settlement of the boundary of Texas Without going
into the question Of the title of Texas, must remark that
after carefully reviewing the opinion which formerly enter
tanned and in the Senate that Texas had not good
title to the country lying the Rio Grande, and after hear
ing all the arguments the point not yet convinced
that abe does valid title that part OF New Mexico
which she claims very much struck by the ingenious
argument Of the Senator from Georgia Mr BERRfEN) on
that subject the only argument obliged to say which
iect but that sir has failed satisfy The Texas
which is now State Of this Union must be, think, Texas
with her rghu limits and boundaries, that phrase is used
in the resolutions of annexation.
Nor do think that any Of the arguments by which 1t has
been attempted prove that Texas all the lands upon