The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-26
THE UNION.

-
MIR BRADBURY yesterday moved 10 amend the seth
section Of the bill, as follows;
That the PsesisaI Of the United States be- aud he here
by Is authorized, by and with the advice and consent OF
the Senate, 70 appoint three commissioners, any two o.
whom shall have power 20 agree. with such commits
so As .s Fsass line u Soasd.
between the territory Of the United States and the
he Red river Is by he ooh degree Of
Longitude. being the southwest angle Of the Indian Ter
agreed upon by tho said muis.ioners; and also 70
agree npoa ne terms Conditions and consider alton upon
and agreements OF the said shall be- as soon
possible transmitted the President of the United
States 70 be by him submitted Congress- with such
concentrations as the circumstances in his opinion
qur for the approval and action Of Congress theIeupon
Of the United States the legislature Of the State OF
Texas, shall be obligatory upon the parties
| To this amendment Mi. HALE moved the following
And until such commi shall have been appoint
cd, and the duties devolved them BY this act shall
have been executed and performed and the boundary be-
tween the State OF Texas and the OF the United
States shall be dentvey settled the right and possession
Of Texas and tho United States in and to the territory IN
dalupe Hidalgo.
Mr.. BENTON. wish to ask the author Of that amend
ment to explain It's operation
| The yeas and nays were demanded and ordered.
Mr.. HALE. will merely remark, in answer to the
request OF the honorable senator from Missouri that an
explanation OF this amendment was made by me in the
Senate on yesterday and is very well reported IN the Ma
tiona ntelgencer Of this morning. think ii
the Intelligencer in the Union.
| SENATOR suggested that il be repeated in sub
STANCE.
simply this: The amendment proposes to appoint
tain number Of commissioners to settle this boundary
| My amendment proposes that while the commissioners
and that neither party shall take any steps to extend
its possession, and neither party shall be prejudced by
anything which has occurred since the date of the rati
cation OF the treaty The object is to have things remain
they that time. until the commission shall have
completed its work.
Mr.: CASS. Mr.. President, wish to ask the senator
from New Hampshire what right we have TO impose this
prohibition upon Texasto pass law requiring sover-
eign State to do or not to do given act! What right
have we to pass law prohibiting Texas from acting any
more than Texas has to pass law prohibiting US from
acting! If she chooses to 90 into the Supreme Court.
what right have we to say nay to 1t What right have
we to say she shall not do anything
MIR. HALE. In answer to that will say that this
amendment creates commission, and assumes that COM
missoners will be appointed upon the part OF Texas
Unless Texas appoints the commissioners provided for,
the whole amendment, including my amendment to it, is
nugatory The suspension is BY mutual agreement.
based upon the acceptance and continuance Of the
Of Texas then we 10 Do prohibit Ill Texas taking
any action Texas accepts the propositions she agrees
not to act 1t all operates upon the ground that commits
soners appointed by Texas as well as by the United
Mr. CASS | take it, Mr. President, that this is
proposition of compromise to Texas and prohibition
upon her to do given act II is not condition at ALL
II is positive prohibition upon Texas to take any meas
ures. Now, repeat, where do you get the power to
prohibit Or to enoin Texas to DO anything
Mr. CLAY. Mr.. President, really think we are dis
playing much anxiety about any possible alteration Of
the question. The objection OF my friend from Michi
gan is based upon the action OF sovereign State.
you authorize the appointment of this commission, will
be affair OF arrangement between Texas her represent
atves here and the government OF the United States and
no man can entertain doubt that, if we pass the BILL
there will be this mutual forbearance until have
final action upon the part OF the commissioners think
therefore, Mr. President, that it is unnecessary to pro-
hibit any alteration.
Mr. FOOTE Mr. President, rise to make known
state of facts which is such that when communicated
to the senator from New Hampshire, think he will
withdraw his amendment. | learn that the honorable
senator from Texas has prepared an amendment and
thai the senator from Maine has already agreed to accept
the amendment of the senator from Texas part of his
orable senator from New Hampshire will withdraw his
amendment. and that there will be no objection
Mr. HALE. Let it be read.
Mr. RUSk. ! intended to offer, when il should be in
order to do so, the following amendment:
Provided That the State Texas be- and here
by is declared enned to all the rights she possessed the
change OF Publications at Guadalupe Hdago at any
time since that date
The question being then taken upon Mr.. HALE's
amendment, il was reected-yeas 49, nays 30-as fol-
lows:
YEAs-Messrs Badger, Baldwin,, Benton. Berrien.
Bradbury, Clarke Cooper Davis of MASSACHUSETTS, Dodge
Of Wisconsin Douglas. Greene, Hale Hamlln, Miller,
Upham, Wales, and Walker-2
NAYS-Messrs. Atchiron, Barnweli, Bright, Butler,
Cas Clay, Davis OF Mississippi Dawson. Dayton. Dckin
son. Dodge OF Iowa, Downs, felch, Fooe, Houston Hun
ter Jones, King, Mangun, Mason Morton, Phelps Pratt
Rusk, Sebastian, Sonle, Sturgeon, Turney, Whtcomb
and Yulee-30
MIR BENTON proposed to amend the amendment by
striking out the following words in the l7th, 18th, and
10th lines;
With snch recommendation the crcnm In his
opinion, may require for the approval OF Congress there
upon.
Mr. B. said: There are two points in the proposition
sutcien, require the words to be stricken out The
FIRST is in regard TO that part which relates to the recon-
mendaon TO be given by the President under such CIR
cumsiaDces be may think the occasion requires, am
opposed TO requiring by law the President OF the Uni
ted States give Recommendations in relation
We have constitutional provision upon that sub
Jeo which large enough to cover the sense OF duty
which the President Of the United States may feel bound
to obey upon every BY the constitution be IL
to recommend such as he may think proper.
That is large enough discretion, and IL Is also suf
GENTLY obligatory duty am for leaving the President
his constitutional accountability recommending such
measures IA he may think proper, and am against
king Of law 10 require him to recommend either
way or the other upon any measure whatever.
against il. sir, account OF the President himself
will not interfere with him at a point where the
s,ilu,ion has marked out his duty will neither add
diminish his duties therefore object to this part OF the
amendment far as il concerns the President
In the place. object II II concerns this body
We are legislative body and il has been matter OF
upon this floor that the late President was
opposed 10 this measure somehow other by impica-
llon--whch opposition is said 10 have influenced the
course Of this bill which have before Now,
ted Suies the successor to the who has been ami
call HIN by law and make him