Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-03-29

The question being taken on the amendment by yeas and
nays resulted r kr sH
fEAs-Mesxs. Atchiron, Berrien, Bradbury, Butler,
Cas, Clemens, Davis, Of Mississippi, Dawson Dickinson,
Downs Foote Houston Hunter King Mason, Morton, Nor
NAYS-Messrs Badger, Baldwin, Bell, Boriand Bright,
Ch.se Clarke Clay Cooper Davis Of Massschu:ets Dodge
Of M
Whitcomb--3l. l# @ 6
So II was rejected. WY Iei
Mr.. FOOTE. move to insert before the words g Rio
GIande river the words ihat part Of" and after the word
ryer" the word "n, make it read "for removing
obsrucions in that part of the Rio Grande river IN Texas
The amendment rejected. isa e8ssg t .Z
Mr. FOOTE. I move TO insert after the words = ITO
rande river" the words the consent Of Mexico first being
obtained" am unwilling to Djue the interests Of Mexico
by undertaking improve the navigation OF yer n which
she is equally interested With ourselves am very gao %
in the chamber the able minister who represents the IN
teress Of the United States at the Mexican Government Mr
Letche If be il given special Instructions on the subject
when be goes back TO Mexico have doubt he will sue
css.uy arrange the mser q ne has already arranged ,he
will probably secure the consent of Mexico to improving
the naygaton of that part Of the Rio Grande which in
Tsxas but h MOTTO interfere with the rights Of nsish
boring republic. #4
The question being taken on the amendment by and
nays, resulted @
YEAS-Messrs Atchinson Bsr len, Bradbury, Clemens,
Davis Of 'M Dax.0a nd Dswn Hunter Ma
YEAS-Mesrs. Badger, Baldwin, Bell, Borland, Bright,
Cass Chase, Clarke Clay, Davis Of Masachusets Dckin
Greene, Houston Jones' Mangam Miller, Pratt. Raatoui,
Rusk Seward, Shields Smith, Spruance, Underwood Wales
and Wslker-30.
So the motion rejected
Mr. DAVIS, Of Mississippi move, in the hundred
and thirteenth line, strike out the word Texas and 10
sert 'sin New Mexico. to make the clause read
For removing the obsructons in the Rio Grande river,
in New Mexico, $25, ,7oo"
do not propose to strike out any portion of the dollars
ion hntr N
"n Texas, and insert in New Mexico propose that,
fthe Senate insist spending that number dollars they will
least expend it where they have right do o and where
they will not do for the purpose Of expendng money
in violation of the treaty obligations existing between the
United States and Mexico. remarked Saturday that the
treaty obligations bound not to interfere with the Rio
Gande where the boundary between the United States
and Mexico. The Senate have Just decided that they would
ask the Of Mexico before proceeding with the i'm
provement Of the Rio Grande. This is mode of
nung the obligations Of reaty-a majority Of the Senate
oveung that which done by two thirds Of the Senate
In order that this matter may be fairly understood send
the Secretary the treaty of Guadalupe Hdalgo and ask him
to read the 7,h article Of it.
The SECRETARY accordingly read the article, follows
"The river ella and the part of the Rio Bravo del Noe
lying Ssw the southern nh boundary oi New MEXICO being
republics the navigation of the Gla and OF the Bravo
below said boundary shall be free and the vessels
and citizens of both countries and neither SHALL without the
Of the oher any work that may impede
interrupt in whole in part the exercise Of this right
for the purpose Of vorng modes Of navigation Nor
shall tax contribution, under denomination
title, be levied upon vessels persons navigating the same
upon merchandise effects transported thereon, except
the Of landing upon Of their shores IT. for the pur
pose of making the said rivers navgsb for maintaining
them in such sate should be necessary advantageous
establish any tax or contribution this shall not be done without
the consent Of both Governments.
"The spulaons contained in the present article shall
impair the territorial rights Of either republic within its eb
lshed limits. !"
Mr. DAVIS Of Mississippi. Thus will be seen that we
very closely restricted. We prevented from in
PRODUCING modes of navigation, and confined the strict
est and sterncst neutrality that river When the PROPOSE
ton made the Senate either admit deny the ob
cations OF the treaty. could vote to deny them knew
there treaty obligation in regard to the matter. knew
Of mode Of getting rid Of that treaty obligation and can
not understand the opposition of those who refuse to agree
that such Improvements shall only be made with the
of Mexico. This know, that this will lessen the number
Of Congressional districts involved in the bill will not
present Try to reduce the appropriation, but will the amend
men first.
Mr.. BRIGHT The clause of the treaty which has been
read escaped my attention. think it presents question
we'll worthy the consideration Of the Senate The reading
the treaty shows concusvey that the United Sates have
power whatever to interfere with the navigation Of that
river without the of Mexico treaty stipulation
that the United States shall alter the navigation Of that
river When Senators consider the treaty. think
heyiw decide that very important question Is involved in
this and that ought to be careful how make this ap
preparation voted against the amendment Of the Senator
from mississippi (Mr. FoorE, and shall certainly change
my vote if have opportunity Of doing SO. therefore
to reconsider the rejecting the amendment offered
by the Senator from Mississippi. ..ta. l
Mr.. BADGER. / suppose that would not be in order
while another question is pending. h%2
Mr.. DAVIS, Of Mississippi withdraw my amendment
for the motion Of the Senator from Indiana 3%5ts
The PRESIDING OFFICER, (Mr. NoRRIs in the chair.
The question the motion Of the Senator from Indiana to
reconsider the rejecting the amendment Of the Senator
from Mississippi which add the words, the consent
OF Mexico first being obtained" ae1~.sheJ
Mr.. RANTOUL. Can il be of the slightest use to this
naton part Of it. load this bill with words which
mere surpusage they put in The treaty Of Mexico
Is the law Of the land IF make appropriation auho-
rzng the Executive to improve certain river, he is 10 do it
n conformity with existing laws until those laws shall be
changed Most assuedy clause docs not set aside the treaty
with Mexico, any part Of that treaty. II will stand where
it isthe law There can be no need therefore, Of
putting into this bill that this money Is to expended con-
ormiy with the treaty. There has been no ntimaon that
II is 10 be otherwise expended.
Mr. MASON. submit to the Senator from Massachusetts,
that IT Congress direct the money to be expended for the
removal Of distractions in the Rio Grande, II Il not manda
tory the Executive officers to the law, and to
these distractions no matter In what part Of the
river they may be found !
Mr.. RANIOUL. have not the slightest difficulty in |
answering the Senator from Virginia This law authorizes
the Executive do certain thing. It may be done in such
way violate the treaty with Mexico il may be done
in such way conform the treaty with Mexico How
s it be construed In conformity with the treaty, in
conformity with pre- existing laws unless II obviously in
tended aside pre-existing laws snag is obsruc
ton. Can not take up Ia the Rio Gande without
violating the treaty with Mexico The Executive is no,
authorized violate the treaty That is my to the
Senator. I.i #t - sstA fsa L
Mr. DAVIS, Of Mississippi The Senator from Massa-
chuses argues this question though the Rio Grande
river similar 10 other rivers He talks about the capacity