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

States, the government Of the United States under the
powers granted 10 H. much supreme as II IL In refer
ence 10 individuals; and il must by act giving the
sui ssans Ss, . well Hus Il a.
Now sir that given BY legislative act and il seems 70
me there can be no difficulty in other II the
sss y Supreme %s Court sa np 'Sss
ton whether you will authorize that tribunal settle the
controversy in Texas rejects the compromises offered
where you began. and you will no. have advanced one
inch in settling this controversy You stand where you
did before and you must make other propositions for the
purpose OF reaching some settlement You must resort
10 a suit, and il was my wish to have provided for
suit in the FIRST instance. But sir, what now offer Is
new Il sprung pupon the spur OF the occasion ! bad
amendment 10 this bill is persisted in i will defeat the
bill II so. will vote against The whole OF Il some
gentlemen desiring little time to consult with ndi
10 Withdraw my amendment from the bill until il shall
be introduced into the Senate. II would meet my appro
baton if the Senate would let the thing remain precisely
il is until we take il up again and therefore, II the
Senate will indulge me, will move TO postpone the con-
sderation Of the subject until 10 morrow, with view OF
going into executive session. That course Will enable
us 10 have some conference.
Mr.. BENTON gave notice Of his intention 10 submit
the following amendment; which was ordered TO be
printed: As4
Strike out Of proposition edrsl Of section 80, after the
Norte commonly called Ell Paso and running up that rive,
twenty miles, measured by straight line thereon, and
sude crosses Red liver being southwest angle in The
line designated between United States and Mexico and
dans by the United stales and the word
beginning these words atthe point ~ the middle OF the
same BY 02d deg Of longitude west from the
meridian ofGrsenwch thence north along that longitude.
the S4h deg Of north latitude thence easwadiy 70 the
Red river.
Mr. DAYTON. by general consent. gave notice Of the
r.
CLAUSE 4 SIC 80 Strike out all from the word ARTICLE"
in line ,hirtwo. TO the wood them" in line thiry-eigh,
la line forty hree strike out all after the word be-,
the word Provided" in line fory-six and insert ap,
said ssss ID the Whole Or pro rata Provided that upon
payment by the United States Of the aforesaid,
transfer to the United States ali her right tile and
in and 10 the unaPproprated lands lying within her
Mr. BERRIEN gave notice Of the following amend
ments; which were ordered to be printed:
Strike the word wo in the fourth line Of the second
cton, and insert the word "one."
the same section, and word "Ieprese NATIVE
Add the end Of the section the following words; Sand
Congress Of the United Saes shall be chosen by egs-
aue and people Of said State, after the Of this
Mr.. SEBASTIAN gave notice Of the following amend
ments; which were ordered TO be printed
In sec go in line six, after words shall be- insert
the following "with this condition siipuaion and Proyiso
and Texas and constituted as moi alter o. impair the
OF Congress Texas the United States,
ssi9 saas. INC new ''As' ''''si '''' ~
al Amend the seth sec I'd clause by addng after the
word "ne. ia the last ne Of that clause, the following
Provided That the quad citizens OF said territory be
wing west OF the Rio Gande and east Of the Sierra Madc
shall be permitted upon their application, and when they
cipes Of the consultation OF the United States
constitution with without any prohibition of slavery
ein they shalt determine and be admitted IN pursu
ance Of the resolutions Of Texas into the
Union upon equal footing win other States"
Mr.. PEARCE, would inquire if the seator from
Kentucky has withdrawn his amendment!
Mr. UNDERWOOD. No, cir; it is not Withdrawn.
MIR. PEARCE. do not purpose at this period Of the
day to enter into the discussion Of this subject al large
But il struck that the position assumed by the honor
able senator from Kentucky MIR. UspERwooDl was
perfectly proper one and that the propnety Of il is
Bile Of being placed beyond the possibility OF doubt
few remarks in support Of the same proposition
Every must admit suppose. sir, that the language
and without any limtation-that the Judicial power Of
the United States extends all OF controversy TO
which the United States may be party and that there is
no language in the constitution BY which this particular
grant OF power can be in anywise limited. Gentlemen
have however raised the question whether this grant OF
power extends TO the OF controversy IN which
State is party at the suit OF the United States Now,
sir under the impression that the earlier exponnd
OF the constitution had treated OF this very question:
and 6nd upon examination. authorities which all must
invite the attention OF the Senate few extracts
find in the s0th number OF The Federalism sentence
which will read, only promising that this number gives
view OF the judicial department Of the government with
regard the extent OF its powers and enumeraes the
different classes Of 10 which i extends the third
class being all those in which the United States
party in relation 10 which the Fedealist says S less
need be said the third point Controversies between
the nation and its members citizens only be refer
Tedto the national tribunals. Any other plan would be
contrary 10 reason. TO precedent, and TO decorum"
Now, sir who the members OF this confederated
Union but the States OF this Union y IL is then 10
ovesies OF the general government with the States
well as with individuals that the judicial power OF the
who not seeking to enlarge the powers granted
in the constitution, but indicating that instrument and
urging its adoption upon the people,
Mr. Tucker in his edition OF Blackstones Common.
arics appendx 40, 42 distinguishes between the word
cases" used in preceding clauses of the constitution
and the word controversies used in the clause which
am considering The word "cases" he considers to
apply to all suits, criminal well civil the word
controversies to include only such OF a civil
particularly appropriate to such disputes might arise
between the United States and any States, re-
speeding territorial or fiscal matters"
Judge Story. in his Commentaries on the Constitution
quotes this from MIR. Tucker, and adds that in the orr
gna draupht OF the constitution the clause confover
sizes to which the United States shall be party was
omitted but was afterwards inserted without any ap
parent Objection
may add that in the original draught OF the constitution
reported By the committee on August 8, 17s7, the judicial
power Of the United States extended TO controversies
between or States tIeept such shall regard
territory Jurisdiction, and this exception alter
wards stricken out Now is impossible suppose that
the conventions while thus amending clause in a sec.
ton OF the constitution, should not have noticed the inn