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

"'~ S NHAseu otntrb CAu D1nk sui against The
answer was gwen TO that proposition by the honorable
senator IRON South Carolina. (Mr BurLEal thai Inc
uin1ed Sales were IN possession and why should she
tory and Texas claims it, Things as the in thai stua-
hoh lust now that no suit properly and 6tly be
brought upon either side Is there. then anything
.ued when IS ascertaned that il cannot be determined
oy negotiation y certainly would be much better ii
couia DC settled by arrangement adjustment This
pooaoly cannot be done and am therefore IN favor OF
the amendment TO the amendment. whether the amend.
nen thus amended shall prevail or
Mr.. DODGE OF Iowa. | am very sorry, Mr. Presi.
dent to say "A single word upon this subject and did moi
expect to do but could not SIT here my place, and
bear donbis thrown upon the dscison of The Supreme
Court OF the United States by The from New
Hampshire Mr. HALEl without. nj least, entering my
protest against It, and stating facts that have come
TO 10Y knowledge am in favor Of the Compromise BILL
and therefore against the amendment offered by the sena.
tor from New jersey So far The Supreme Court of
The United States IS concerned wish say here that
from free State which had for eight or nine YEA re-
boundary dispute with slave State upon our south
an angry boundary dispute alluded by the senator from
Msso1si lew days since, and my constituents have
cause 10 remember with tude the part he acted with
reference to tins matter greater number OF square
miles were involved IN tina. dispute than are contained in
the State OF Rhode Island oil Delaware; and if il was
decided upon the Iowa side they would remain free terri
Tory IN all Time TO and ii upon The Missouri side
slave territory The Supreme Court constituted as il is
decided this matter IN our favor many OF them coming
from the slave States am glad to have opportunity
TO TESTIFY not only to their Observation-Disclosures this case
ouf to say that at that time humble delegate
IRON that Territory, and when the matter up. will
remember long as | have heart to feel the course
then pursued by the slave States with reference to it
Although it involved SO large amount, John Polk. of
Kentucky. and Garrett Davis, and Others laid aside
sectional feelings, and made report in favor Of the Ter
ritory OF Iowa never saw man from Missouri who
did not believe Missouri right and there no,
man IN Iowa who did not think Iowa right Fifteen
Thousand men under by order OF the executive
OF Missouri, independent of the militia OF Missouri and
Mississippi and they marched up to within ten twelve
miles OF the line, and there eleven hundred upon
our side. Property levied npon, and there
double sci OF sherifs; We appealed President Van
Buren, to protect us, but be could not do it, Disband
until was slated by the senator from Missouri The
whole matter decided by The Supreme Court when
Iowa became State; and peace and harmony reign upon
MFR: FooTE. i did not have the advantage Of hearing
very distinctly what fell from the senator from Ohio, al
though was really very anxious to catch every word
III un ersood hun enormously trust he will correct
me- The honorable senator has been understood by
others, and partially by myself, as assuming position
the assumption OF which upon his part confess,
prsed me little; that is that in his judgment law
YER il competent to institute suit for The decision Of
this boundary question ante 10 the establishment Of
State government in New Mexico
Mr. EWING, Gnterposing) said nothing OF the kind
MI President ! sad the very reverse-that It could
not be done without the aid Of law
Mr. FOOrE DID the honorable senator state, upon the
question much mooed hereand if he did not, should
like to have the benefit Of his viewsdd he say or does
this coniederacy il is competent to institute suit
MI, EWING said ii was not, most expressly but
Mi. FOOTE. Then understand the honorable sena
tor 10 say that by means of law before tie establish
ment OF State government for New Mexico it is COM
peent to institute suit for the settlement Of that bound
Mi. EWING, lin his seatl Yes sir.
Mr.. FOOTE. Then, sir, will read from document
which suppose to have had high sanction, and which
was received some time ago, although is of very recent
appearance here II the message of the President upon
this point, IN the leading views OF which his cabinet
supposed 10 have concurred. II reads thus
+
State for that Territory ceded by the
OF Guadalupe Hdalgo and had been Admitted by Congress
State, constitution would have afforded the
of Obtaining adjustment, Of the question Of boundary
with Texas by Judicial decision Al present however,
Judicial tribunal has the power Of deciding that question,
and remains for Congress TO devise mode for It's ad
whether it would be expedient, before such
establish territorial government which, by including the
district claimed would practically decae the question
adversely 70 the State OF Texas by excluding IT, would
deci Idle in her favor
Here the opinion deliberately and formally expressed
that the boundary question cannot be decided by the Su
preme Court OF the United States unu New Mexico shall
have been admitted into the Union as State yield
Difference to that OPINION and TO all the opinions of
those learned gentlemen who have argued this question
very much at large here for TO the conclusion
that this opinion sound and that would be prudent
to act upon it; and have acted upon il accordingly.
Now, at this late moment the honorable senator
from Ohio throws the whole weight of his influence
against the doctrine herein declared Although the Pres
den OF the United States, adj sng with him and others
declared IT impossible for New Mexico, under
constitution to institute SUIT for the decision Of This
question in the Supreme Court Of the United Sts,es
until New Mexico should be admitted into the Union
State, the honorable senator throws the whole
weight OF his influence agains, that opinion and debates
Il s practicable to adopt law here, not for admitting
State into the Unon but TO authorize the President OF
the United States to suit Tor the decision OF
the question, and that the suit be AL Indicated in
orm,y with the constitution OF the United States We
have resored to other NODES because have OF
concur~d with the President III that deliberately form
ed opinion Of the whole cabinet, as we supposed AT
this late moment, of that cabinet comes before
and says that opinion is worth nothing, for IS unsound
do not rise for the purpose OF provoking the honorable
senator from Ohio TO yindlcate bis character Tor
consistency, but only for the purpose OF expressing
surprise that he should have expressed opinion da-
mercay opposed To that OF the late President in his
message unseasonaby, and when IT is we'll calcu
lated defeat that adjustment by The only mode which
believe be practicable aud which the senator from
Ohio himself, am sure. must consider at the present
time the most practicable mode that can be adopted
tie certainly does not entertain the opinion that simply
adopting such law to give the power OF Jurlsdiction
10 the Supreme Court of the United States will allay
element in Texas prevent cfuson OF blood and restore
peace the couplry while ne must perceive tina, the
tendency OF this provision TO aay local excitement IN
Texas, and IT - my opinion that 1t will save this country
from dire and nameless horrors.
Mr. EWING. Mr. President, "dre and nameless
horrors do not Oh ange my opinion OF the question at all
no, in the slightest degree My opinion is Just what
has always BEEN since examined The question. In the
situation in which things the time that the
sage penned, a suit could not be instituted against
the Unled States by Texas II requires legislation 10
enable her 10 institute sun. II the gentleman will
read that opinion, he will that this all
But when he to expa.Ia,e upon IT, and extend
little upon this and then little upon the proposition