Weekly national intelligencer., 1850-07-27
IContinued from the 6fh page !

territory dispute shall remain the they the
the exchange of the Publications OF the treaty of Qua
dalupe Hdago and neither party shall be prudced by
thing which has subsequently, occurred shall either party
take any further steps reduce those rights possession
until after said commissioners shall have been appointed and
the duties devo,ed upon them by this act and Congress
Texas shall have acted definitely thereon
Without dsposng Of tho question, the Senate adjourned
The PRESIDING OFFICER stated the question to be
the amendment offered by Mr. HALE the amendment Of
M BRApBURY, as published in preceding column.
Mr.. BENTON. | wish the author Of this amendment
would make some explanation to its operation de can
more easily explain it than any other
Mr. HALE. will simply remark, in answer TO the re-
quest of the Senator from Missouri that explanation OF
this amendment offered by in the Senate Yesterday may
be found very we'll reported in the National Lssncer of
this morning. do not want to read over again.
Mr.. BENTON. State 1t shortly.
SEVERAL SENATORS. Make brief statement OF it.
Mr.. HALE. am requested to state briefly what this
amendment proposes 1t proposes the supposition that
these commissioners to be appointed, that while they
exercising their duties the and claims of the parties at
issue shall remain they were at the dale OF the execution
Of the treaty Of Guadalupe Hdagc that neither party should
any steps extend their possession should be
cuded from doing hereafter, by any thing which had
cured since the date Of the ratification Of that treaty.
Mr.. CASS. desire but to ask question. Is this not
prohibition of any operations the part of Texas and if
sos what right has Congress to pass law requiring sovereign
State TO do not to do given act What more right have
pass law prohibiting Texas from acting in this mat
ter, than Texas has To pass law prohibiting the United
States from thus acting Texas chooses to go into the
Supreme Court decide this matter, why not allow her to
do so What right have to prohibit her from doing so
Where do get the power thus 10 prohibit her
Mr.. HALE. In answer 10 the position OF the Senator
from Michigan, would say that the original proposition
templates the appointment OF commissioners on the part of
Texas and that have right 10 compel sovereign State
10 appoint commissioners Ii is in the Of PROPOSE
ton to Texas tina, she shall appoint commissioners and
less she agrees appoint them the whole proposition
nugatory The whole thing based upon the consent Of
Texas appoint commissioners, and she does agree
on the ground that the commissioners be appoint
ed and they then the state of affairs in the disputed
territories shall remain as they
Mr.. CASS. There is difference between making pro-
position and positive prohibition to do thing That is the
dsncton and this proposition directly prohibiting Texas
from doing any thing repeat where do get the power
to il =.''
Mr. CLAY really do think not worth while to make
any ateaton raise any question this point This is
proposed TO be the act OF sovereign, but the effect of
mutual understanding between Texas and the United States
and no man can hesitate to power to pass bill of
mutual tobeaance until final settlement the part Of these
commissioners. This all the amendment proposes and
do not think it worth whe then make any alteration
in IT,. ..@... ..'" .....
Mr. FOOTE rise but to state fact which, when heard
by the Senator from New Hampshire, will trust induce him
TO withdraw his amendment learn that the Senator from
Texas has dfaughted amendment avoiding The objection
urged by the Senator from Michigan 1t substantially the
same that proposed by the Senator from New Hampshire
and the sepa from Maine has agreed accept part
Of his. II read here, the Senator from New
Hampshire will withdraw his amendment. ....,
Mr.. RUSk. intend whenever it is in order for me to
do So to offer this amendment
Proul That the State of Texas is and is hereby de-
cared be- entitled all the rights which she to
the territory of the Rio Grande the day the ra,fca-
ton OF the treaty OF Guadalupe Hidago any
that date"
The question then taken the amendment of Mr.
HAZE the amendment, and it negaved, follows
lEAS-Messrs. Badger, Baldwin, Benton Berrien Brad
bury, Clarke Cooper Davis of Massachusetts, Dodge Wis
eonsin, Douglas, Greene, Hale, Hamlin, Miller, Norris
pesree, Seward, Shields, spruance, Underwood Upham,
NAYs-Messrs Atcison Bamwe!l, Bright, Butler, Cass,
Clay Davis, Of Mississippi Dawson, Dayton, Dickinson,
Jones' King Mangum, Mason Morton, Phelps Pratt, Ruk
Sebastian, soule, Sturgeon, Turney, Whcomb, and Yu-
lee-30.
Mr.. BENTON. I move 10 amend the amendment by
striking the words with such recommendations as the
circumstances in his opinion may require the approval and
action of Congress thereupon."
The amendment is brief one but has two points in it,
each Of whca in my opinion is sufficient require the words
TO be stricken out proposed The first is, that part of it
which Ieates to the Recommendation to be given by the Pres
deaf under such circumstances he may think the occasion
requires am opposed requiring by law the President
10 give recommendations We have constitutional provision
CD lAe subec which is large enough to the of
duty which the President may feel in every BY the
constitution OF the United States he recommend the
which be thinks proper and that is large enough
discretion Ii is also sufficiently obligatory duty. am for
leaving the President of the United States to his constitutions
accountability in recommending where he thinks proper
commend, and am against making matter of law
qure him TO recommend either the other upon any
measure whatever against it. sir, of the
President himself because would not interfere with him at
point where the constitution has marked his duty
would neither add to undertake TO diminish j, on that
point and therefore object to of the President
alone object 10 il, also, concerns this b,dy We
legislative body and it has been of aniadversion
aoo that the late President supposed somehow
or Other have influenced the of the bill before
US; yet now sir, proposing ourselves to call the
President of the Unied Sacs-he the person
who animadverted upon-to call him out by law and
make him give bis opinion the other, and
mend TO US 10 act 10 one way the other against it
his account, stated, and am against
count, because nerferes with duties in egis
lave capacity may enable gentlemen to shelter themselves
behind Executive recommendations and in this where il
IS called for by law the recommendation Of the President
would have great weight. Now do seek for shelter
under Executive recommendation my yse do wish
extend the privilege to others prefer my principle,
which is, for the Executive TO do what he thinks right
his sphere and ieave the other departments do what
they believe to be right in their sphere against it
because after sending back the matter to U.s. leaves
egls.awe discretion We limited to the approva-fo
does not even disappovao approval action there
upon Certain ii is that the legislative power Of Congress
deoarfed from acting upon it, As this proposition stands the
"oS reported US by these commssoness be presented
ard tp'ed, or rejected whole Our legislative power
IS null we are not allowed limited say YES or
po s on nominate of the Pesden, Of United states
For these reasons wish, SIR have ali this part of the
arnendnent stricken out and is Of some mo-
men III my opinion, ask for the yeas and nays on the mo-
ton.
MI. BRADBURY Perhaps may b., able TO obviae the