The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-25


TO her. a quite Of opnion that is best either 70
withdraw the amendment 70 vote 1t out for the relief
no.. cAi M Assf ~ SsssGas
raise constitutional question Of the power Of the Su.
peme Court Il was question Of equity that view
tween whom il II is dispute about territory il is
dispute whether certain territory belongs the State of
Texas to the United States n other words. wheth
70 the whole thirty States. That the question Now
sir, ask the senator from Georgia, Mr. BERnIEHl upon
principles q equity. whether q would notbs just well
submit this question 10 the supreme court Of the State
OF Texas as 70 the Supreme Court Of the United States
Mr. BEhRlEN i will answer the question The Sa-
peme Cont Of The United States represents AZ The States
preme court Of Texas represents that Stale alone.
|. Mr.. ATCHISoN Yes sir. That. then. amounts to
he supreme Court s ss one Il III se
Suppose this territory divided between all the
States, Texas would then have hIeth Of the WHOLE
and the remaining States would have twenty hir
tieths OF l-each having 0ne.tkirtieth. Now that il
the proposition, and il i substantially the as what
have already said Why, then, should not the senator
lion which made f0r arbtralnent like thai which
took place in the Of the States Of lows and Mis-
sourthe governor ol each State appointing one arba
ER Aa a Texas re-
fuses sccede to that proposition and appoint comms-
M Mr. ATcHIsoN Very well. Suppose, On the other
hand that she refuses 70 bring suit as you propose to
Mir. BADGER Then we nstruc, the President Of The
United States % sue her.
! hlr. ATCHISON am opposed to any such pro-
eeeng Ihs n 4 s contest between two
ercgnty, as my friend from South Carolina would say
the United States and the State oi Texas Such is the
practice between independent nations. Their disputes
are settled By arbitration in this way. Or BY lie sword;
and il that il is the proper by which
to arrive at the objects sought to be attained by this bill
sort to The sword--an alternative which may result from
collision between Texas and New Mexico and. through
the latter with the United States That, sir, s what
want to avoid. suggest to the senator from Kentucky
Mr.. UEDERwooD] To make alteration in the form OF
his amendment TO the ELECT that If Texas shall reject this
proposition, then Commissioners shall be appointed BY
the parties will vote Tor that proposition. and do not
believe that il will embarrass The bill. a
But, there another method Of settling this ques
iion between these TWO soyeregntiesthe United States
and Texas. Let them reIer Il the republic o Nicaragua
the captain general of Cuba, the President OF the French
Rpab q NE osesn ea q & Gsa. Sso Any sn ons q
propagation TO refer the matter to The Supreme Court OF
M DOUGLAS. Mr. President, my object in rising
is to call the attention Of the senator from Kentucky Mr.
UNDERwooD the phaseoogy OF the seventh line oi his
amendment, which reads .and line drawn due north
Now. we have been in the habit Of speaking of the
claim of Texas extending to the 42i deg OF north
latitude Still 10 very doubtful, event we grant 70 Tex
north than 40 deg north latitude and Tor This reason the
old boundary line between Spain, and subsequently, be-
tween Mexico and the United States, up the Arkansas
river TO its and thence due north TO the 42d deg
OF north latitude Texas Gains up the Rio Gfande 10 s
source, and thence due north TO the old boundary line
Now proves 70 Be very doubtful whether The source o.
Rio GIade and II SO, running due north from he source
Of the former. you will strike the latter river, probably
other parallel to which the amendmMt refers. sug
gest therefore, the senator from Kentucky TO strike
out the words "he 42 deg OF north latitude and TO in
"lhe old boundary line between New Mexico and
the kingdom Of Spain That win obviaie the uncertainty
Nj. w. UNDERWOOD will inform the senator from
eci. he will find that the amendment the whole Of
the claim of Texas. let il be what il may, but that the
4ch deg in the act Of the legislature OF Texas
by which she asserted her own boundaries
Mr. FOoIE- lregret very much that this amendment
should still be pressed BY the senator from Kentucky and
lweie certain that i would Be voted down =. once,
of the learned legal gentlemen here may convince
me hereafter BY argument. that we possess authority
one who has YET spoken has done so. regret therefore
that the amendment pressed a the present time. since
is easy TO accomplish ,s object hereafter more de-
in all ts bearings, in the mode suggested BY the senator
from Kentucky furthest from me, lMr CLAY have
sent Tor several volumes which bear upon this subject
though should much regret this very warm day. and
at tins stage Of the debate, 10 be compelled to Introduce
authorities upon the point in question. Bot whilst am
s U hs.s %.s 70
The present and, with view Of showing him that there
is al least ground for doubt TO constitutional
autnOflty 10 d0opt euCn winch
pressing upon consideration, beg leave to read 70
him extract from the volume which hold in my hand
II is the fourth volume Of the writings Of Thomas Jeer
SON. The extract is taken from letter 10 Judge John
son. member Of the Supreme Court Of the Union and
letter written conhdenally TO Judge Johnson, and In com
pance with his special request upon the very point
now under discussion here. sball not read the whole
letter, but only enough OF il 10 show what IBIS great
mans opinion upon the right Of the general government
to aragn sovereign Stale before the bar OF the federal
Judiciary in any not specially provided Tor in the con-
stution: ffAt tk fa
You request confdentiauy TO examine the question
whether Supreme Cou has advanced beyond It's con-
sotiopnl limits and espasscd those of the State
thprres do undertake IL. my dear sir, because
unable Age, and the Of mind consequent II,
have disqualified from Investigations severe and
searches iabortous And 10 the less necessary Ia this
having been already by others with logic and
the OF Cohen the State Of Virginia In he Supreme
Court Of the United States. In March, 1891, Judge Roane,
under the signature Of Agemon Sidney or the En-
qniwr series Of papers the law Of that con-
ess that they appeared to pplverixs every word
which had been delivered by Judge Marshall OF the
judicial part ofhis opinion; and all judicial except
the decision that the Of Congress had puporsed
ed BY lottery law Of controlling laws Of the States
within the States themselves
Thus my honorable friend from Kentucky will plainly
that MI Jefferson even denied the correctness Of
the decision in the Cohen case which, without a pressn,
going into minute examination Of u, VIII ce allowed
10 say supplying much more plausible ground
for drawing State into litigation before the supreme
Court OF the Union than exists in the present one. But
Mt jefferson proceeds 10 say further
Bat, unable 10 claim case. he could not let u
sev but went on guuitousy prove that nowithsiand