Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-29

80 that the clause If the amendment be agreed TO- will
stand thus
Fourth The United States in consideration of the three
Of collars in stock bearing FIVE per cent interest, pay
able half yearly Treasury the United States the prin
cpa to be end OF fourteen years. which said
The amendment proposes to strike the continuation Of
the section
First applied to the extinction any debt for which the
in ue s may dree
And insert the following:
Applied to the payment and extinction of the public debt
OF said State in the whole pro Provided That upon
payment by the United States Of the aforesaid in
aforesaid the State of Texas shall release and transfer to the
United States all her right title and interest," in and to the
vacant and unapproprated lands lying within her limits
And leaving undisturbed the following proviso
Provided That nothing herein conanedist be construed
to imply oradmit the liability of the United States for any
portion of the public debt Of Texas"
Mr.. DAYTON. merely wish to say, in connection with
that amendment that if it should be adopted will make
mmatera amendments necessary in order make the
bill uniform
The question taken the motion print the amend
menf, and agreed to.
MI. SEBASTIAN I have an amendment also, which I
ask to have received that the disposition may be made
Of il.
Il was accordingly read and ordered to be printed
The amendment proposes to insert the words which
have placed within brackets in the following portion Of the
seth section
positions shall be- hereby offered to the State of
which, being agreed by the said State in act sed by
passage Of SHALL with their conditions and stp
uons and povsos be deemed articles of compact between
the United States and Texas and construed to alter
impair the resolution of Congress annexng Texas to the Uni
ted States respecting the States be thereafter formed
out Of said Statel
The amendment also proposes add the second clause
Of the same section, which is in these words: !,
right claim, and title which they have any territory lying
south OF the line aforesaid and the said State of Texas cedes
any territory lying nsrtR ofhe .aid line 49, : = :
The words following
"Provded That the qualified citizens Of said territory to
be coded above together with that Of the Territory Of
Sierra Madre shall be permitted upon their application, and
when they shall have attained sufficient population, according
principle. Of the constitution Of the United States.
form constitution, with without any prohibition of slavery
therein they shall determine and be admitted in pursu
Of the resolutions for the annexation of Texas into the
Union, upon equal footing with the other States"
Mr. PEARCE. Iwould inquire if the Senator from Ken
lucky has withdrawn his amendment
Mr. UNDERWOOD. No, sir it is not Withdrawn.
Mr. PEARCE. do not purpose at this period of the
day to into the discussion Of this subject at large But
struck that the position assumed by the honorable Sem
per one and that the propie Of it is capable Of being placed
beyond the possibility of doubt propose, therefore, to de-
tain the Senate far to make few remarks in support OF
the same proposition.
Every must admit suppose, tnat the language Of
the constitution is broad comprehensive, and absolute and
without any mtaonthat the judicial power Of the United
States extends to 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 be in
anywse limited Gentlemen have however, raised the ques
ton whether this grant Of power extends the Of
troversy in which State party at the suit Of the United
Statesl Now, was under the impression that the ear
er expounders of the constitution had treated Of this very
question: and find, upon examination authorities which
drof ia The will
FORE invite the attention Of the Senate to few extracts
find in the 60th number of "The Federalst sentence
which will read, only promising that this number gives
view Of the judicial department of the Government with re-
gard the extent of its powers and enumeraes the deren
classes of which extends the third class being al
those in which the United States party, in relation
which the Federas says: Still less need be said on tn
third point Controversies between the nation and its mem
bers citizens only be referred to the national tribunals
ANY other plan would be contrary to reason to precedent
and to decorum."
Now sir who are the members Of this confedeated Uniol
but the States Of the Unioni It is then to controversies
the General Government with the States well with nd
vdual that the judicial power of the Union extends
cordng the authors of the Federas who not seeking
enlarge the powers granted in the constitution, but vndi
eating that instrument and urging It's adoption upon tn
people.
Appendix AGO. 42l distinguishes between the word cases
used in preceding clauses of the constitution and the word
conroversies used in the clause which am considering
The word cases" he considers 70 apply to all suits, crmna
as well as civil the word controversies" to include only
such as are of civil nature. He says Gas here applied
controversies seem particularly appropriate to such disputes
might arise between the United States and any
more States respecting territorial fiscal matters"
Judge Story, in his Commentaries on the Constitution,
quotes this from Mr.. Tucker and adds that in the original
daught Of the constitution the clause controversies to which
the United States shall be party omitted but
was afterwards inserted without any apparent objection
may add that in the original daugh ofthe consuionrepor-
ed by the committee Aug 1857 the judicial ofhe
United States extended between two or
more States except such shall regard territory or ursdic
fon and this exception afterwards stricken out Now, is
impossible to suppose that the Convention while thus amend
ing one clause in section of the constitution, should no
have noticed the Immediately preceding one Just inserted and
have limited it, if they designed It to be limited
the constitution the distinguished authorities which have
cited and the history Of this clause all satisfy me beyond
doubt that the judicial power of the United States does ex
tend to controversies between the United States and State
Now sir The object of this bill is to obtain final adjust
rnent Of the matters in controversy to which the bill relates
There cannot be more difficult and delicate question than
this settlement of the boundary Of Texas Without going
into The question Of the title of Texas must remark, that
after carefully reviewing the opinion which formerly enter
tanned and expressed in the Senate, that Texas had not
title to the country lying the Rio Grande, and after hear
lag all the arguments the point am not yet convinced
that she does valid title to that part Of New Mexico
which she claims. very much struck by the ingenious
argument of the Senator from Georgia M BERRiEy on
that subject the only argument obliged to say which
has made any impression on my mind 10 relation to the sub
iect but that sir, has failed to satisfy The Texas
which is now State Of this Union must be, think Texas
with her rghtf limits and boundaries that phrase used
in the resolutions of annexation.
Nor do think that any Of the arguments by which has
been attempted to prove that Texas all the lands upon
-, l-Ask.