The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-22


S csn rye YOU The titles and page oil everything. and
All The information bearing upon the subject NOW is
moi The proper time occasion 10 80 into ms ming o.
discussing The tite The only question growing Out OF
nv amendment is this; Is il matter Of sumcient con-
lroyersy to justify Judicial determination q you
have the title. DO not want to buy Tor The purpose
II YOU have moi the itle then il becomes matter Of
great consequence Are we 10 pay you millions Tor
our eonsuenis ii you have The title. keep it. The
only ground upon which you have foundation for
he claim upon which to make you payment is that
there "a some there is something doubt
mi about IL The minds OF may honestly differ; and
| tell my friend, when he gets up and makes such
speeches he has upon this hoor that there can be no
question apout thano doubt about II II IS just so, and
no olher way Just in proportion a. yoa asseveraie
things oil this SORT you take away the foundation upon
which we stand e make this compromise, and make
Texas liberal allowance for the purpose OF settling
the difficulty Il your title is AZ you have stated,
DO not want e buy j. would Iittle rather ! s
difficulties viii hereafter grow up which viii not now
comment upon | make that statement Tor the purpose
Of showing my friend he ought not TO be 50 confident
cause OF that difference of opinion, he ought not place
us all in the predicament in which his remarks would
place us, being fraudulent. Chat was his express
sion) -fraudulently taking possession OF country
which does not belong to US.
viii cali attention to part OF the information have
obtained upon the subject Your convention in June,
MI. FooTE. win The senator allow me to inter
pose motion go into executive session. There is
r.
Mr. UNDERWOOD. / will be very brief will not
throw on, snyhing outside q this IL discussion
information alone | simply desire that the gentleman
from Texas will be berai--as am sure he will-to
those who entertain opposite views from those held oy
himself In the difference oil opinion which takes place
amongst US. there is honesty about both sides; and
men may honestly differ about those matters.
GSSE osSs hoppe 'sGS' liberal il
ing to you all the possessions from the NOUN OF the
Rio Gande up to New Mexico. and then ! hope be-
fore We gst through this bill we Will see al upon
Now. sir, with these remarks in reply TO the senator
from s9s e IN
ing the constitution Of the United States, one great object
was to have bloodess settlement Of controversies be-
tween the States composing the Union There can be no
bloodess settlement Of controversies unless there is some
tribunal organized with authority to decide authoritativey
upon the controversies brought before that tribunal
This constitution organizes such tribunal and provides
expressly that controversies between the States shall De
settled BY the Supreme Court of the United States We
have cases after cases which the Supreme Court have
to the shedding of blood had there been tribunal q
settle them Is there an indgny in saying State shall
preme Court of the United States has been most admira
bly, organized and composed under the constitution Of
The Ud 2 s ss Sass he
The members Of that court composed OF citizens
owing allegiance to the States, as well as to the United
States / hold to the doctrine that we owe double
allegiance, according to the division OF the powers
Between The States and the general government. This
supreme tribunal, organized BY the selection OF citizens
from these States. owing allegiance TO the States as well
as the United Stateshavng their sympathies with the
States as well the general governmentare placed IN
position to Be impartial. intelligent umpres; any
the Union to submit matter IN controversy TO tribunal
thus constituted! Sir from time inmemoral, 1t has been
the practice among nations to submit controversies be-
tween nations to the arbtament Of the heads of other
nations Our nation has done that in reference TO
the northeastern boundary II is common case Is
there any ndignty the part OF the States to submit TO
the decision OF The Supreme Court constituted as il is,
than would be to submit national controversy 70
the me- Of pg ss dee. can enuO Oe
ciaied BY Patrick Henry, will say my doctrine does
not come in conflict with that doctrine What is that
doctrine That you the United States unless
sbe United States will consent to be sued. subscribe
the doctrine laid down by the senator from South Car
dina tits OF the qualities OF sovereign exercising
asoveregn authority, the United States do, to the ex
tent Of the powers vested in II by toe constitution
is oil her qualities not to submit TO be sued unless
she peases 80 TO submit Bot SIR Is any degradation
that she shall by this amendment to the bill submit 10 be
suedi
Mr. MASON. VIII the gentleman allow me ope word
Does the senator from kentucky to contend that the
consent given BY that BILL or the amendment to the BILL
will confer jurisdiction upon Congress II did mol pre-
M. UNDERWOOD will come to that directly. I
will show sir, in little while, that this bill will give
jurisdiction properly TO the Supreme Court OF the United
States. wish 10 obyiate all objections arising out
Of ihe idea Of The gentleman from Virginia, that there
will be anything degrading TO the United States OF the
States from the decision of this tribunal am unwilling,
like the gentleman from Virginia. TO do anything that may
degrade the United States State OF this coniedeacy
III thought my amendment could operate IN the slightest
degree to the national disgrace. 10 the degradation OF
any State in the confederacy, would withdraw IN a
moment that part OF my amendment tina, gives the
consent of the United States TO be sued, which allows
them TO be sued and without that they could be sued
therefore assent TO the doctrine Of the gentlemen from
Virginia and South Carolina, which they have laid down
upon the subject II is the consent alone which gives
the jurisdiction and right OF bringing suit against the
Uned States; but sir, il Is not the consent OF the State
that gives thai right The constitution has expressed
that a. between Slaes-these constituting part OF the
conlederacy--and between State and foreign State
suit in the Supreme Court may be instituted whether
the Stale will OF will not assent to the doctrine
laid down BY the gentleman from Virginia, Mr.. mason,
90 far admit that citizen OF the State cannot sue
that State under the constitution oil the United Staescan
the United States without the consent OF that State
good many years But sir, my parent State, the good
Old Dominion, has constitutional provision, requiring
that she shall be sued
A SENATOR law.
Mr. UNDERWOO thought il was a constitution.
al provision. glad IL II is not constitutional pro-
vision, that justice got the Old DominonsIs 10
pass the law Does regard herself degraded by the
passage oil the law, allowing her citizens their own judi
ciay bring suit against her ascertain their rights
Notat ALL ar II she, through sense OF justice
TO her czens has authorized suits be brought against
her. and judgments be obtained against her. asserting
individual rights, how be said the State OF Texas
States against her. settle this Controversy think my
friends State rights ideas upon this have warmed
him up to feel degradation where know none was in.
tended