The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 104
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104
\ CONGRESSIONAL GLOBE.
treaty-makingpowertl Hf felt no difficulty like that
of the gentleman "from -Massachusetts [Mr. Win-
TflRop] on the, subject of the acquisition of a* foreign
territory. The able armament of the honorablegen-
from Illinois [Mr. Douglass] would have
satisfied,him on that point if he had not long before
beett satisfied that we had that power. It was true
that Mr. Jefferson, at the time of the acquisition of
JibiMsiana, had some doubts, though they were re-
Moved by a full examination of the subject. At all
events, the practice of this government had removed
any doubts that might have existed on that subject,
and he was satisfied that we had the constitutional
power to extend the area of freedom, as Gen. Jack-
son termed it.
Before he proceeded to argue the point in rela-
tion to the treaty-making power, and the power to
admit new States into the Union, he wished to take
a brief notice of one part of the argument of the
gentleman from Illinois, [Mr. Douglass.] If he
concurred with the gentleman in his views on this
part of the subject, he should feel bound to admit
Texas at once into the Union, on such terms as she
might propose. He alluded to the third article of
the treaty of 1803, by which Louisiana was ac-
quired. According to the views expressed by the
gentleman in relation to this branch of the subject,
this country would be eternally disgraced unless
she admitted Texas into the Union as a State, and
on an equal footing with the other States.' Though
a friend to the measure of annexation in a proper
form,, he must be permitted to examine whether this
argument had the force the gentleman claimed for it.
It was true that the treaty of 1803 contained a stip-
ulation that this territory should be admitted into the
Union as a State as soon as it possessed the requi-
site population; but, having been transferred to
Spain, had not the course of Texas herself, in some
measure, weakened the obligations of that treaty?
And again: had Texas ever demanded the fulfilment
of that article of the treaty of 1803? Who was it
that first proposed the annexation of Texas to this
Union? Was it Texas herself, or this government?
In order to place this matter in its true light, he
would read a portion of the correspondence which
took place between our Secretary of State and the
government ofTexas. [Mr. S. here read some ex-
tracts, which the reporter has not at hand to quote.]
He could not, under these circumstances, believe
that the obligations of that treaty were of that
high and lofty character which the gentleman
from Illinois imputed to them, though he admitted
that they furnished a strong argument in favor of the
measure of annexation. (Mr. S. continuted at length,
this part of the argument, and contended that this
was the first time it ever had been claimed that for-
eign territory could be annexed to the Union by any
other than the treaty-making power. When Mr
Jefferson overcame his scruples in regard to the ac
quisition of foreign territory, he laid hold of the
treaty-making power. Mr. Monroe, in the acqui-
sition of Florida, did the same thing; and the present
executive also depended solely on the treaty-making
power for the annexation of Texas, till he was de-
feated in the Senate, and compelled to invoke legis-
lative action on the subjec6>
His learned friend who had just taken his seat
argued that, under the grants of powers in the con-
stitution, new States could be admitted into the
Union; and that, under a proper construction of that
instrument, Congress possessed the power to do all
other acts necessary to carry that power into effect.
The gentleman from Illinois argued that Congress
might acquire territory and afterwards admit it into
the-Union asa State. He would ask the gentleman
whether land or territory, any more than the people
in it, constituted a State. But was the doctrine to
be maintained that, if Congress could not do a thing
as a whole, it might do it piecemeal? Could we
make a treaty with China for territory, and after-
wards make a treaty with England ,or Brazil for
peonle to put into it? The constitution authorized
Congress to coin money; but, under that clause,
would it be pretended that Congress could purchase
territory from Brazil in order to get mines .from
whence to extract the gold and silver necessary for
the coinage? Where were the limits to the powers
given in the constitution, ifit could be construed in
this way?
He went on at great length to discuss the consti-
tutional question involved, of which a report will be
given hereafter.
Mr. CALEB B. SMITH next obtained the floor,
and, on his motion, the committee rose and reported
progress.
NEW STATES AND TERRITORY.
Mr. AARON V. BROWN, chairman of the
Committee on Territories, reported a bill for the ad-
. mission of Iowa and Florida into the Union.
^--Also a bill to organize theTerritory of Nebraska.
They were respectively read twice, and referred
to the Committee of the Whole on the state of the
Union.
CIVIL AND DIPLOMATIC APPROPRIATION
BILL.
Mr. McKAY, from the Committee of Ways and
Means, reported a bill making appropriations for
the civil and diplomatic expenditures of the govern-
ment for the fiscal year ending 30th June, 1846;
which was read twice, and committed to the Com-
mittee of the Whole on the State of the Union.
The SPEAKER laid before the House a variety
of executive communications, which were referred
to appropriate committees, and ordered to be
printed.
The House adjourned.
The following notices of petitions presented to-
day, were handed to the reporter by the members
presenting them:
By Mr. DILLINGHAM: The memorial of 150 citizens of
Stowe, Vermont, against the annexation of Texas to this
Union; referred to the Committee on Foreign Relations.
The petition of 130 citizens of Stowe, Vermont, praying for
the reduction of postage; referred to the Committee on
the Post Office and Post Roads.
By Mr. TIBBATTS: The petition of Francis Summer-
aner, praying for a pension: referred to the Committee on
Invalid Pensions.
By Mr. TILDEN: The petition of William Frazor and
others, citizens of Ravenna, Portage county, Ohio, praying
for the establishment of a mail route from Washington,
Pennsylvania, to Cleveland, Ohio: referred to the Commit-
tee on the Post Office and Post Roads.
By Mr. RF.LFE: The petition of James Morris, of Bates
county, Missouri, praying Congress for the passage of an
act placing him on the invalid pension list: reierred to the
Committee on Invalid Pensions. The petition of Thomas
Marlin and otheis, asking the establishment of a post route
from Tuseumbia to Springfield, Missouri: referred to the
Committee on the Post Office and Post Roads. The remon-
strance of A, H. Brevard and *237 others, against the removal
ofthe land office from Jackson to Fredencktown, Missouri:
referred to the Committee of the liule House on the state
of the Union.
By Mr. STILES: The memorial of the Savannah- Cham-
ber of Commerce, praying a reduction of postage: reierred
to the Committee on the Post Office and Post Roads.
By Mr HALE: The petition of Moses Noble, owner of
the schooner Ruth, for a fishing bounty: referred to the
Committee on Commerce. Remonstrance of Nathan Saw-
yer, and 240 others, legal voters of the town of Henniker,
in New Hampshire, against the admission of Texas into
the Union: referred to the Committee on Foreign Affairs.
The petition of Nathan Sawyer, and 60 others, in New
Hampshire, that slavery may be abolished in the Distlict of
Columbia and the Teiritories: referred to the Committee
for the District ot Columbia. The petition of Galium Brooks
and other citi'/.eiis of Sandwich, New Hampshire, playing
that Congress may pass a law putting the inland and coast*
wise slave trade on the same footing as the foreign slave
trade: referred to the Committee for the Distlict of Colum-
bia. Remonstrance of Eli Cook, and 4ft others, citi/pns of
Sandwich, New Hampshire, against the admission ofTexas
into the Union: reierred to the Committee on Foreign Af-
fans. The petition of William Kail;,, suiviving partner
nf Parley and Hawley, asking pa\mentfor 306 barrels of
lime, shipped to Old Point for the use of Fortress Momoe:
referred to the Committee of Claims.
IN SENATE.
Wednesday, January 8, 1845.
The PRESIDENT pro tem. laid before the Senate
a communication from the War Department, re-
porting, incompliance with the act of Congress, 1809,
btatements from the Second Auditor, exhibiting the
expenditures made from the appropriations for
the continge.it expenses of the military estab-
lishment during the year 1844.
Mr. JOHNSON presented the petition from 170
inhabitants of the parish of Ascension, Louisiana,
residing within the limits of what is known to be
the Houma tract, praying to be protected in their
title: referred to the Committee on the Judiciary.
Mr. J. also moved the following, in connection
with the above petition; which he expressed a wish
might be acted upon immediately, viz:
Iiesalved, That the Committee on the Judiciaiy be in-
structed to inquire and report whether or not the patents
issued by order ofthe Secretary of the Treasury in favor of
certain claimants under the Houma grant, were notissued
without authority of law, and in violation of the acts of Con-
gress, and contrary to the decisions of the different Commis-
sioners of the General Land Office, and of the written opin-
ions of other officers, whose duties relate to the general
land office for the last thirty years; and into the expediency
of passing a law declaring the said patents void, or of adopt-
ing such other course as may be necessary to proteetthe
rights ofthe different claimants, and to guard the interests
ofthe United States.
Mr. BERRIEN remarked that,, from his under-
standing of the reading of the resolution, it appeared
to contain a command to the Judiciary Committee
to inquire into the validity of certain grants issued
by another department of the government. If so,
he was not prepared to say whether it should be
adopted or not. He therefore preferred that the
resolution should lie over till to-morrow.
Mr. JOHNSON was understood to have no ob-
jection to one day's delay, though he preferred that
the resolution should pass immediately. He then
restated the object of the resolution; which, he
thought, was such as came within the province of
the Judiciary Committee for investigation.
Mr. BERRIEN said the delay could do no harm.
As he understood the resolution, it called upon the
Judiciary Committee to report upon the validity of
grants issued by another department of thegav-
ernment. If so, the resolution involved a question
of property and jurisdiction. He preferred the
resolution "should he over till to-morrow.
The resolution was accordingly laid over.
Mr. ATHERTON presented petitions from Olive
Niles and Susannah Knight, severally praying for
amendments to the pension law; which were referred
to the Committee on Pensions.
Mr. BUCHANAN presented a memorial from a
number of citizens of Gettysburgh, in the county of
Adams, Pennsylvania, asking that the rates of post-
age be reduced, and that there be an abrogation of
the franking privilege.
On motion oy Mr. B., who remarked that he was
decidedly in favor of both branches of the prayer,
the petition was referred to the Committee on the
Post Office and Post Roads.
Mr. MILLER presented a petition from a num-
ber of the neighboring counties of Maryland, pray-
ing that the bridges across the Eastern branch of
the Potomac may I e, by law of Congress, purchased
and made free: referred to the Committee on the
District of Columbia.
Mr. STURGEON presented a petition from a
number of citizens of Pennsylvania, praying for the
immediate organization of Oregon as a territory of
the United States; that donations of land may be
granted to American settlers there; that lines of forts
be extended from Missouri to Oregon; and that large
vessels of war be sent to the mouth of the Columbia
river to protect the rights of the United States in that
quarter: referred to the Select Committee on Ore-
gon.
Mr. FOSTER of New York introduced, on leave,
a bill for the relief of the legal representatives of
William D. Cheever; which was read twice, and re-
ferred, with documents having a bearing on the
claim, to the Committee on Claims.
Mr. CHOATE, from the Committee on the Li-
brary, reported back, without amendment, the joint
resolution authorizing the Attorney General to con-
tract for copies of a proposed edition of the laws and
treaties of the United States.
Mr. ASHLEY, from the Committee on Military
Affairs, to which was referred the memorial of John
Stockton, late an officer in the United States army,
praying to be indemnified for the loss of his bag-
gage while in the service of the United States,
made an adverse report thereon; which was ordered
to be pxinted.
On motion by Mr. BAYARD, the Committe on
Naval Affairs was discharged from the further con-
sideration ofthe memorial and papers of Mary Ann
Morrice.
On motion by Mr. JOHNSON, it was ordered that
the petition of A. T. Brittingham, praying for com-
pensation for vessel and cargo unlawfully seized
by the authorities ofthe government of Mexico, be
taken from the files, and referred to the Committee
on Foreign Relation,3.
Mr. MERRICK piesented a petition fiom Pran-
ces Pottmger, ofHagerstown, Maryland, the widow
of Lieutenant William Pottinger, who died in the
naval service of the United States, asking to be re-
stored to the pension roll: referred to the Committee
on Naval Affairs..
Mr. HUNTINGTON, from the Committee on
Commerce, reported back, with an amendment, the
bill relating to revenue cutters and steamers.
Also, reported back from the same committee,
without amendment, and with a recommendation
that it be indefinitely postponed, the joint resolution
from the House to chenge the name of the brig
Daniel Webster to Adela, and the name of the
schooner Mary Frances to that of Isabella.
On motion of Mr. JARNAGIN, leave was grant-
ed to withdraw from the files the papers of John 8.
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United States. Congress. The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session, legislative document, 1845; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2366/m1/120/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.