The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-31

his he certainly will be able wheneyer he plessss
hereaite to prove that black is white and white is black
nave SAID before that do rise for the purpose
provoking the senator from Ohio 10 vindica,e his consist
ency do not profess absolute consistency myseif.
CONSIDER Il very ridiculous for any 10 do SO u
that senator has altered his opinions il is not only
wrong Tor him to say So but his solemn duty do
had understood that the cabinet was very harmonious
ana mad supposed that i was very happy that was SC
harmonious supposed this part OF the message was
me most important part Of the document, and under
take to say that any sensible alter looking over hs
document will so pronounce it. This was the most Sc
nous question the President had to meet OF course he
advised with his whole cabnet OF course TINS was the
opinion OF his whole cabinet unless some member OF thai
cabinet did positively dissent IRON that opinion Now
the honorable says that he had been upon the
bench 1t would have been his bounden duty TO deliver
dissenting opinion That is very true. But in order to
make applicable it should be understood that he did dis
sent Did he dssenl'
Mr. EWING, lin his seatl Certainly not.
Mr. FoOTE continued The senator argues, however
ion. and contends that, if he did not it not his
bounden duty to dissent openly thereirom Now, the
senator is not prepared TO say that he did not dissent
So seems that portion OF the honorable senator speech
was founded upon state OF facts which he is not pre-
Mr. EWING. If the senator will allow me, did moi
about preparation at ALL said it would be improper fol
me to state that dissented. il was in the cabinet and
dssenied upon such question said that in such a
The PRESIDENT. The Chair will remark that the
discussion is taking a direction not strictly in order.
MIR FOOFE. thought Mr. Presldeni, that it had d.
rect application to the question; but will not wander
from the subject The President OF the United States
sent in his message We conclude that it drawn up
| by the advice OF cabinet counses and now no man is
prepared to declare that he entertained at the time, or
now eniertalns, except what we have heard iron the
honorable senator to-day, different opinion from that
which IS there expressed We bound to suppose that
the cabinet did harmonize That opinion was entitled to
respect and confidence, IN part account OF the regard
were bound to entertain for the Chief Magistrate him.
self and in addition to that from the additional respect
which undoubtedly did all entertain for the very able
and distinguished gentlemen who composed his cabinet,
and OF whom have ever been proud TO recognise the
honorable senator from Ohio being at least intel
ecua as any OF his associates That being the state OF
the case, am not justified in expressing some surprise
that the senator from Ohio remained silent and IN the
cabinet, aud then at this late stage OF the controversy
should throw The great weight OF his high name and IN
uence against this very opinion IN the message! Will
again read the extract read before to show that the sen
aior is entirely mistaken; that he did not Intend to do
anything more than express the simple opinion that with
out special legislative act authorizing suit it was moi
competent 10 commence such suit Tor the adjudication
OF that question Let US see what he says:
II tho people Of New Mexico had formed plan of State
government for that Territory coded by the treaty OF
as State our constitution would have afforded
OF obtaining an adjustment OF the question Of boundary
Judicial tribunal has the power Of deciding that aues
tion and Il remains tor Congress to devise some mode iof
lis adjustment Meanwhile submit TO Congress The cues
ton whether 1t would be exp,dent before such adjust
men To establish territorial government, which, bY IN
the question adversely 10 the Stale OF Texas or by excu-
ding II, would decide in her favor.
That is the plain language of the message; from which
infer, of course that until New Mexico forms State
constitution, and is admitted State. it will not be
competent to institute suit, and TO obtain Judicial
decision. That is the opinion OF the message. Now,
the honorable senator counses us to such legislative
action as, according the President OF the United States
and his cabinet, were bound to presume, il would
be incompetent for Congress to adopt anterior to the
formation of the State government and the admission OF
New Mexico as a State into this Union say again
that do not rise TO charge the senator from Ohio with
Inconsistency but wish to call hs attention to the
opinion of the late President and 10 induce him, pos
xble, that il brought TO his notice. 10 retrace his
steps, and to give his support to these views, advocated
laid down BY the President OF the United States In his
annual message.
Mr. BRADBURY / shall vote against the amend.
ment OF the senator from New Jersey and in word |
will state my reason for the vote.
prefer the proposition submitted by myself My
amendment provides speedy and amcable mode OF set
ling the dangerous boundary difficulty between the
United States ard Texas, and which think more
likely collision and lead 10 satisfactory result
than any other.
| If my amendment shall fail, may then be ready TO
The Supreme Court in which tribunal have entire con-
6dence.
The question being then taken upon Mr.. DAYToS's
amendment it reJec,ed-yeas IS, nays 39-as fol-
| YEAs-Messp. Baldwin. Benton Chase. Clarke, Davis
Of Massachusetts, Dayton, Dodge of Wisconsin, Ewing,
Turnsy Uphaln, add WaIker-Is
NAYs-Mossrs. Atchson, Badger Barnwe, Bell, Ber-
Cooper. Davis Of Mississippi, Dawson, Dickinson Dodge
Of iowa, Downs, Fetch, Fooe. Houston, Hunter Jones,
King, Msngum, Mason, Morton, Norris, Pearce, P,au,
Kusk Sebastian, Shields Soue, Sproapce, Sturgeon, I'm.
derwood, Wales, Whilcomb, aad Yuee-Ss.
Mr. BENTON moved 10 amend the amendment, by add
ing the following
PROVIDED, That person shall be appointed a commits
under this who shall have formed expressed
opinion The subject and who shall not be impartial
aud disinercsted in the question and the said
shall make protocol OF each conference
which they shall hold the subject, and shall report
him submitted TO Congress and the said commissioners
shall be duly the faithful discharge OF their dates
The question being taken upon the amendment, IT was
relecied--yeas IL, nays 33-as follows
YEAS-Messrs. Baldwin, Benton, Chase Davis of Mis-
sssipp Dayton. Dodge OF WISCONSIN, Hamln, Mason, Mil
er, Seward, Upham, and Wslker-2
NAfs-Nes.s Atcbson, Badger, Bell, Berrien, Brad
son, cknson Dodge OF Iowa. Ewing, Fech Foote Hous.
on Hunter, Jones. King M,ugum Morton Norris Pearce,
Pau, Rusk Sebastian, Shields Spruance. Sturgeon, I'm
dcrwood, and Whitcomb-33
| The question recurring upon Mr.. BRApBuRys amend
ment, aIao relecedyeas IS, nays 2sas follows
YEAS-Messrs Atchxon, Badger, Bell. Bcrren Brad.
bury, Bright, Cass Clarke. Clay. Cooper Dawson, Dick
geon Underwood. Wales, and Wh,comb-2s.
| NAYS-Me-srs Baldwin, Bamwei, Benon Bnuer,
Chase Clemens Davis of Msssachuse;t Davis OF Mis-
sissippi Dayton, Dodge OF Wisconsin, Ewing. Greene,
Hate, Hanlin Houston Hunter, Mason, Miller, Morton,
Phelps Rusk. Sebastian Seward, smith, Souic, Turney,
Uphsm, and Yuee-2s
| Mr.. FOOTE Mr.. President is il in order TO offer the
proposition with new amendment attached to II.
the proposition with the provlso suboined which
send 10 the table
The PRESIDENT The Chair will hear what il is
4 ~. 49, r.aIo Hall