The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-11

amendment We ought 10 proceed upon he principle Of
neither affirming denying The title Of Texas, but eay
adopted see other effect that il will have than to
acknowledge, BY way OF implication, upon the pa OF the
United States, that Texas has title and claim pro,
this bill bat would say to them that if they anxious
TO pass IL II may be important 10 them that they should
mol alarm some persons who may be vacillang IN 'her
support OF the bill. by showing any disposition 10 Obtain
admission which afterwards be used TO prejudice
The rights OF the United States.
MIR. BERRIEN. | did really believe that il was
rule of law well understood everywhere, that oilers
made in compromise cannot afterwards be used as admis
sons-that they do not commit the parties 10 anything
than 10 compliance with the offers themselves II
they acceped-that did not suppose that anybody
any where would be disposed TO question IT, supposed
that il was principle OF law everywhere recognised taa
person might be permitted TO make any kind Of an oile
TO buy his peace without being IN any manner committed
by T.; and should be surprised u any man 6ereaue
looking 10 The compromise character OF inns oili whch
proposes TO Texas REIMBURSEMENT OF her tile and claim
would venture 10 assert, here or elsewhere the PROPOSE
ton that the United States had been thereby committed
that il Texas did not accept, the United States would
not be entirely absolved as well from The terms Of the
proposition as from any concession made IN IT, II Texas
accepts, there is an end OF the controversy II she
does not things revert 10 the same condition they are
in Besides, ii understand the terms OF this amend
ment themselves, to their effect they imply afir
nation q denial male q the right Of Texas .
Georgia, 10 my mind, answers itself and as have
said. if the amendment is really destitute OF effect as
he would represent il do not see why he insists upon
il with 80 much pertlnacity.
There are great many things, sir, which are clear
propositions OF law between individuals, that not
one case for The benefit Of the senator for Georgia is
very clear principle OF law, that the admission OF per
son who is neither party nor prlvy TO party cannot
often have heard asserted here that Mr. Polk, BY
OF his messages made some admissions IN favor OF
the title of Texas, BY which the government and the
whole people OF the United States are bound They
urge upon with great force, and we have almost 10
repudae the conduct Of the Chief Magistrate in order to
be rid Of the effect Of his admission i this amendment
shall have still greater difficulty hereafter to rid ourselves
OF the implication which it will raise.
! Mr.. BERRlEN Ii the senator from Wisconsin Mr.
WALKER supposes me to be aaherng with great pertna-
city TINS amendment he is mistaken expressed my
indifference to II when proposed in the committee
il had been proposed was ayowed and rendered promi
aenl, that felt It proper that should see that assumed
the right shape. according TO my Judgment Inc nonora
BILE from Wisconsin alludes, by way oil lllnstra
ton OF his position 10 the OF some admissions made
BY President Polk Of his messages in favor OF the
lille OF Texas Now sir i seems to me thai the Illus
trauon entirely without point There is no paraeiisn
between the two cases Mr. Polk 1t y true, was mol
party any transactions between the United States and
Texas in his individual capacity; but the senator Will
perceive that it was not the act Of the individual Mr.
Polk but the President OF the United States, constituting
part OF this government and acting as the agent OF the
government that relied upon in support OF the claim OF
Texas 1t that can hardly be open % con-
oversy that if the United States choose to say to
Circumscbe your boundaries within such limits reiin-
those limits and will pay you such an amount and
if Texas chooses not to accept such proposition that
both are 70 he ps sm 4.
TONS but from all consequences which might now IRON
MI. PEARCE Tin 10 me matter of indifference
whether the amendment is carried II supposed
that it would have any such effect the senator from
Wisconsin Mr.. WALKERl apprehends from il, should
deny the title OF Texas believe myself that Texas had
title to portion of country lying west OF tae old
boundary Of the United States SO far as that y con,
cerned believe that she absolutely it to The United
States. As TO the rest regard as merely claim and
as far my opinion goes II Is not worth very much
will remain as they are unless Texas accepts the propo-
stion which will render all these inquiries unneces-
sary
Wisconsin tMr. WALKERl that his legal practice must
have taught him that there is nothing common than
to employ. cumulative words whenever there is any
doubt such as fright, title, claim" &c
The question being then taken upon the amendment TO
the amendment it reieciedyeas 10, nays 2sas fol-
lows:
Clemens, Davis of Mississippi, Dawson Dickinson Foote,
Housion Hunter, King, Mason Norton Rusk, Sebastian,
| NAYS-Messrs Badger, Baldwin, Benton, Bradbury,
Bright. Chase Clarke. Davis OF Massachusetts, Dodge OF
Hale, Hamlin Norris, Pearce, Phelps, Seward Smith,
spruance, Sturgeon, Underwood Upham, Wales Walker,
and winthrop-25.
The question then REQUIRED upon the original amend
lows:
YEAS-Messrs Baldwin, Bradbury. Bright. Cas- Chase,
Clarke, Cooper Davis OF Massachusetts Dodge of Wiscon
SIM Dodge Of Iowa, Douglas, Ewing Fcch Greene, Hamn,
Norris, Phelps, Seward. Shields sSmh, Spruance, Sur
geon Underwood, Upham, Wales, Walker, Whtcomb and
NAYs-Messrs A,chison, Badger Bamwel Benton,
Berren, Buer, Clemens, Davis OF Mississippi Dawson,
Dickinson, Fooe. Houston, Hunter, King Mason Morton,
Pesrce Rusk. Sebastian, Soule, Turney, and Yuee-2.
The next amendment striking from the fourth clause
the words cession OF territory was then concured in
without a division.
The PRESIDENT next stated the question upon con-
curing the amendment submitted by Mr. PEARcE sub
shutting the following proviso Tor the one in the last
ton OF the original bill;
Proplded, That than five Millions of said stock
shall be issued until the creditors ~ the STATE holding bonds
certificates oil stock OF Texss lor which duties
imports specially pledged, shall first file the
United States for account OF said bonds certificates
in such shall be prescribed by the Secretary Of
Treasury and approved by the President OF the United
States.
MIR. ATCHlSoN inquired whether Il would be in
ORDER il the Senate should adopt the amendment, after
wards 10 strike out the proviso
The PRESIDENT stated that il would not but IL the
amendment should be rejected such motion would be IN
order after the amendments made in committee had been
decided upon.
Mr. PEARCE stated tina, II this amendment should be
rejected the effect would be TO leave in the bill the pro-
vso originally there.
Mr. A rCHlS0N, after a resiaiement Of the condition
OF tie question: stating that his object get rid Of
the pfovIso, called Tor the yeas and nays, which
ordered.
Mr.. BRIGHT. The proviso, as reported in the orig
he'd aud here j, is read BY himself The senator from
nssnun objects The both adopted