Weekly national intelligencer., 1850-08-03
Nj. RusK. submit the following As an amendment to

Fe for the formation Of State or Territorial
with all action which has taken under said orders and
the same is hereby declared null and void"
Mr. CLAY. wish merely to say that, for one cannot
vote for that proviso
Mr.. DAVIS, of Massachusetts, 1t strikes me as a most
extraordinary proposition proposes that shall declare
all orders null and void, without knowing what they
Mr.. PRATT It does still worse than that II is an his
orca fact informed that no such orders have been
issued and yet this amendment assumes that they have and
proposes 10 abrogate them.
Mr.. DAVIS, Of Mississippi II not only assumes that
fact but still more There may be some orders of purely
military character and would repeal them all and
quences may ensue which the Senate does not oresee.
Mr.. FOUTE. think the honorable Senator from Texas
will see what Is most obvous-ha bis amendment does
only that these orders have been adopted but that
they are at present valid and far valid and operative
need such an amendment this to put an end to the
nullify them.
Mr.. BENTON ! am unwilling, by giving vote upon
this amendment to let it be supposed 10 the world that
WILL in my Legislative capacity judicial opinion upon
military subject and condemn without an examination an
order Of the late President the United States who had been
bred Ia the amy who has been in forty years more and
who has not only been highly honored In his profession
elevated to the highest civil honors in the country, Sir we
asked to vote down his opinions without giving them an
examination. will not do it, sir will hold back my vote
upon this amendment
Mr.. RUSK. Mr. President, the amendment proposes to
declare null and void what every body knows taken place
That is that lieutenant colonel in Santa Fe has ordered
the formation both Of Territorial and Of State government
nOtnnS all the Department
from the President The question is, has lieutenant colo
mel upon Territory in dispute right take steps and
issue orders for the formation Of either Territorial or State
government The amendment only declares such an act
null and void Now every body knows that Lieutenant
Colonel Munroe commanding in Santa Fe has directed the
people there to assemble in Convention and form State
government. N&
n Mr.. BERRTEN. Mr.. President if l understand this
amendment correctly has no reference to any order issued
from any Of the Executive Departments.
Mr.. RUSk. Not the slightest.
Mr.. BERRIEN. II condemns null and void the order
issued by the military commander in New Mexico for the
formation of government there and all orders issued under
it. It. therefore, necessarily excludes its operation the
orders under which that officer acted 1t does not apply 10
any order issued from the Executive Departments.
But sir it is my mind Objectionable in this point Of view
consider the order Of the military officer in New Mexico,
directing the formation of State Of Territorial govern
men as null and void But believe that the proper mode Of
meeting such an in the exercise of rghtfu
legislation, by providing government for that Territory and
leaving the judiciary to determine, any question shall
arise whether the authority of Congress of this military
the orders null and void not prepared reach the mat
this way but in the exercise of proper egsla
tive power.
The question being taken by yeas and nays on the amend
men of Mr.. RUsK to the amendment Of Mr. BRADBURY, it
resulted as follows:
YEAS--Messr,. Atchison, Butler, Clemens Dodge Of
Iowa Downs Houston, JONES' King, Mason, Morton, Rusk
NAYs2MesTs Badger, Baldwin, Barnwe, Bell, Berrien
Bradbury, Brish Gas. Chase Clarke, Clay Cooper Davis
se o %ar Fsss
Greene, Hale, Hamlin, Mangum Miller, Norris Pearce
Phelps, Pratt Seward. Shields Smith soule Spruance
Sturgeon, Underwood, Upham, Wales Walker Whitcomb
So the amendment to the amendment was rejected.
The question then recurred the adoption Of the amend
ment of Mr. BRADBuRY-
Mr.. MASON. / move TO amend that amendment by
striking out all after the words the limits OF The and
on this amendment ask for the yeas and nays
The yeas and nays ordered, and being taken
YEAS-Messrs. Baldwin, Barnwell, Benton, Butler,
sppi Dayton Dodge, of Wisconsin, Ewing Greene, Hale
Hamlin Houston, Hunter, Mason, Miller, Morton, Phelps
Rusk Sebastian Seward, Smith, Soule Tuuey Upham, and
NAYs-Mesrs Atchison, Badger, Bell, Berren, Brad
bury, Bright Cass Clay, Cooper Dawson Dickinson Dodge
gum Norris Pearce Pratt Shields Spfuance, Sturgeon
Underwood, Wales, Walker, and Whitcomb-2e.
So the amendment to the amendment rejected.
Mr.. HALE move to amend the amendment by striking
after the word annexation" the words any period
since that date friend suggests that Senators do
understand the of the amendment have proposed
The amendment of the Senator from Maine proposes 10 in
sruct the commissioners to run line conformaby to the
rights Of Texas the time of annexaon or at any period
since that date propose strike out that qualification
that the boundary Of Texas be by these commissioners
shall be was the date of the annexation of Texas to
the United States As the amendment stands it seems to
imply that something may have occurred since the annexation
which may have affected the rights Of Texas My object
to preclude any such implication.
Mr. BERRIEN. the amendment, in the form in which
is proposed by the Senator from Mahe contains an mpl-
cation which is not sustained by facts that implication will
be of no importance. IT. the other hand Texas at any
time anterior to the meeting OF these commissioners for the
purpose Of asceraning the ne shall have acquired de
that title the commissioners, whether it existed at the time OF
annexation or not would be bound to respect do not
therefore, perceive any why these words should be
stricken out and rose merely TO make that statement
Mr.. BENTON. wish to know if understand the
amendment rightly. In the form in which il first stood the
award Of the commissioners to be referred to the Pres
dent Of the United Sae and by him laid before Congress
for their action believe it stands, there is to be no
the President Of the United States, and no subms
sion to Congress for its ratification or disapproval.
Mr. BRADBURY. It is precisely the same in that re-
spect ask for the reading of the amendment.
The Secretary read portion Of the amendment but not the
whole Of it.
Mr. BENTON. Why should we endeavor to shut our
eyes to what all America must see that this Is but post
ponement, putting off Of the evil day And this is not
proper legislation These not amendments, they are but
experimental alterations if any votes be gained or
il apy will be lost by them We ought wash hands
begin with these measures by This amendment is
worse than the othe gives the commissioners bound
less discretion.
The yeas and nays then taken Mr.. HALKs amend
ment to the amendment, and resulted as follows
YEAS-Messrs Baldwin, Benton Chase, Clarke, Davis
Massachusetts, Dayton, Dodge Of Wisconsin, Greene Hale
Hsmlin, Miller, Seward, Smith, Upham, Walker-ls.
NAYs-Me.srs. Atch.on Badger. Barnwell, Bell, Ber-
ren Bradbury, Bright Butler Cass Clay Clemens, Cooper
Davis Of Mississippi, Dawson, Dickinson, Dodge, Of Iowa.
Douglas Downs Ewing, Feleh Foote, Houston, Hunter
Sebastian Shields. soue spruance Sturgeon, Turney Un-
derwood, Wales, Whitcomb, Yulee-4l.
So the amendment TO the amendment did not prevail.