The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 140
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140
CONGRESSIONAL GLOBE.
nal; which read a first aftd second time, and referred
to the Committee of the Whole House.
ANNEXATION AGAIN.
Mr. BUKKE asked the genera! consent of the
House to introduce a bill to provide for "the admis-
sion of the republic of Texas as a state into this
tfnion.
f Objections being made,
Mr. B. moved to suspend the rules for this pur-
pose.
Mr. HALE called for the yeas and nays; which
being ordered, the question was taken, and decided
in the affirmative—yeas 126, nays 32—as follows:
YEAS—Messrs. Adams, Arlington, Ashe. Atkinson,
Bayly, Barringer, Belser, Benton, Bidlack, James Black,
Blackwell, Bower, Bowlin, Boyd, Brodhead, Aaron V.
Brown, Milton Brown, Buffington, Burke, Burt, Caldwell,
Campbell, Carroll, Chapppll, Chilton, Clinch, Clingman,
Clinton, Cobb, Collamer, Cullom, i?ana, Daniel, Garrett
Davis, John W. Davis, Dellet. Dickej , Dillingham, Drom-
goole Duncan, Dunlap, Ellis, Elmer, KatK-o, Fickim,
French,' Giddings, Grinnell, Hannibal Hamlin, Hammett,
Haralson, Hays, Henley, Hernck, Hoge, Hopkins. Hous-
ton, Hubard, Hughes, Charles J. Ingersoll, Jenks, Caye
Johnson, Perley B Johnson, Andrew Johnson, G W.Jones,
Andiew Kennedy, Daniel P. King, Kirkpatrlck. Labranche,
Leonard, Lucas, McCauslen Maciay, xYicClelland, IVleCon-
nell, McDowell, Mcllvame, MeKay, Matthews, Edward
Joy Morris, Isaac E. Morse, Zuoseley, Murphy, Newton,
Norris, Owen, Parmenter, Ln^ha It. Potter, Purdy, Charles
M. Reed, David s. lleid, Feeding, Rhett, Ritter, Roberts,
Robinson, Rodney, Russell, St. John, Sample, Saunders,
Thomas H. Seymour, David L. Seymour, Simons, Thomas
Smith, Robert Smith, Steenrod, Stephens, John Stewart,
James W. Stone, Alfred P. otone, Stiong, Summers, Sj kes,
baylor, Thomasson, Thompson, Tibbatt*;, "VVeller, Vent-
worth, John White, Benjamin White, Williams, Winthrop,
Woodward, William Wright, and Joseph A. Wright—1-25.
NAY'S—Messrs. Abbot, Baker, Brengle, Catlin, Crans-
ton, Richard D. Davis, Deberry, Florence, Grider, Hale,
Edward S. Hamlin, Hardin, Hudson, Joseph R. Ingersoll,
Marsh, Freeman H Morse, Nes, Paterson, Preston, Rath-
bun, Rockwell, Rogers, Sehenck, Sentor, Se\'erance, Ty-
ler, Vance Vanmeter, ({Vinton, Wethered, and Wheaton,
—32.
The rules being suspended, the bill was read as
follows:
A bill to provide for the admission of the republic of Texas
as a state into this Union.
Beit enacted by the Senate mul House of Feprewiiafit es of
the United Sufes of Anif-ica in Congress as<.evib!ed, That
the Congress doth consent that the terntoiy know a as the
republic of Texas, and rightiully belonging to the sane-,
may be erected into a new State, to be called the State of
Texas with a republican form of government, to be adopted
by the people of said republic, in such mode as the duly-con-
stituted author,ti. <? thereof may prescribe, in order that the
game may be admitted as one of the States of this Xrnion.
Sec. 2. .-hid be it further enacted. That the constitution
of the Statu of Texas, with the proper evidence of its
adoption by the people of Texas, shallbe transmitted to the
President of the United States, to be laid before Congress
for its final action, on or befoxe the first day of January, 1846.
Sec. 3 And be it further enacted, That the aforesaid terri-
tory may be divided into new States not exceeding four in
number "and, having a sufficient population, may be admit-
ted into the Union under the terms and provmons of the
federal constitution: Prdnded, That such States as may be
formed out oi said territory lying south of 36 deg. 30 min.
north latitude, commonly'known as the Missouri compro-
mise line, shall be admitted into the Union with or without
slaves, as the people of each State asking admission may de-
sire.
Sec. 4. And be it farther enacted, That the President of
the United States, by and with the advice and consent of the
Senate, is hereby authorized to adjust and settle all ques-
tions relating to* the boundaries of said territory which may
arise with other government*.
Sec. 5. And be it further enacted, That said State, when ad-
mitted into the Union, aLer ceding to the United Stales all
mines, minerals, salt lakes, and springs, and al«o all public
edifices, except her capi'ol. court-houses, jails, and other
buildings adapted to State and co'inty purposes, and all forti-
fications, barrocks, ports and harbors, mvy and navy-yards,
dock®, magazines, arms, ai-mamc'if;, and ?U other property
and means pertaining to the public d< fence, belonging to
said republic of Texas, shall retain all the public fund*?,
debts, laxe*. and dues of every kind w hxch nay belong oi
be due to ?<Ui1 republ.e; and • hail also retain all tb public
lands h ing within its limits, to be applied to the ppyment of
the debts and liabilities of the said republic of Texas; and
the residue of -raid la:ids after discharging said deb Is and lia-
bilities, rnqy be disposed of a^ said State shall direct: Proi >•
did, Tnat in no event shall said debts and liabilities be as-
sumed by, or become a charge upon, the government of the
United States.
Sr.- 6. An.! he it further enacted. That all questions claims,
and disputes in regard to land cities aiismg within the te-
ntorial limits of Texas, shall be ad;u*ted, settled, and deci-
ded by the court* and authorities oi svd State subject to
the constitutional jurisdiction of the courts of the United
States. , „
Sec. 8 And be it father cnoc!<d. Thattho foregoing condi-
tions and guaranties when accepted by the constituted
authorities of Texas, shall be the fundamental basis ot
union between said republic and the United States.
The bill was then read the second time; and, on
motion of Mr. BURKE, referred to the Committee
of the "Whole on the state of the Union and ordered
to be printed.
Mr. GRINNELL, by general consent, offered-
the following resolution; which was considered and
adopted:
Resolved, That the Committee on Commerce be directed
to report to this House the best mode of publishing and
disposing of maps and charts of the surveys made by the
late exploring expedition; and also for placing the plates on
which said surveys have been engraved (under the direc-
tion of the Joint Library Committee) under the care of the
Secretary of the Navy.
RE ANNEXATION OF TEXAS.
On motion by Mr. HARALSON, the House re-
solved itself into a Committee of the Whole on the
state of the Union, and resumed the considerat on
of the joint resolutions for the reannexation of Tex-
as.
Mr. BOWLIN, who was entitled to the floor, ob-
served that there was no necessity for his calling
the attention of the committee to the vast import-
ance of this subject. .Even its opponents would ac-
kuowledge that it was the most important question
that ever came before the councils of this nation^
It was not only important in the view of the value
of the property involved in the measure, but it be-
come more important considering its political rela-
tions, and its bearings on the welfare and strength
of the Union. It became also important from the
consideration that the people of this Union had
passed upon it, and declared, in a manner admitting
of no doubt or cavil, that Texas should be annexed
to the United States. Then (said Mr. 33.) if we
are not disposed, as their representatives, to violate
their will, our duty becomes imperative to carry it
out without delay. The people had decided the ab-
stract question that Texas should be admitted into the
Union; and they had left to their representatives, as
more capable of doing so, the discretion of deciding
on the mode and terms of annexation. Texas was
a country as extensive as the largest of the Euro-
pean powers; and possessing a climate which en-
hanced its value, it was destined at some future day,
whether annexed or not, to become one of the most
important empires on the continentTjThen no Amer-
ican patriot could hesitate as to the propriety of the
acquisition of that country? The only difficulty that
remained was as to the power of this government
to accomplish it. He should endeavor, therefore, to
submit a few views in relation to the constitutional
objections that had been brought forward by gentle-
men on the opposite side. The most important and
most frequent objections that had been made to the
annexation of Texas, had arisen on constitutional
grounds. " They had been plainly and frankly sta-
ted; ancThe should endeavor to reply to them. 'JQn
entering upon the constitutional question, lie laid it
down as an axiom that could not be controverted,
that every sovereign government had the power of
acquiring territory; and this power had been exer-
cised by all the independent governments that e\er
existed. He did not know that it was necessary to
adduce'authority to prove the truth of this axiom.
It Was too plain for cavil; and the man who doubted
it must doubt even the existence of government
itself. But it might be said that ours was a limited
and restricted government, and that though the pow-
ers of the Old World possessed the power of ac-
quiring foreign territory, yet the limitations and re-
strictions in our constitution foibade it.
'He agreed with gentlemen, that whatever might
be~the value of Texas, he would not touch her if it
would be a violation of the constitution. He held
to a strict construction of the constitution; for that
instrument was the only safeguard of this country.
But he asserted tL\l i>x acquisition of this territory
was not m hostility to the constitution^ The acqui-
sition of territory was one of our inherent rights as a
sovereign power; and if it does exist, where had it
an existence? Under the federal constitution all
p0wers were divided between the State and general
governments in their respective spheres. If, then, it
did exist, he denied that power existed in the State
governments to enter into compact with foreign
powers, ar.d hence it must exist m the government of
the United States, The provision of the constitu-
tion which prohibited the State governments from
entering into compacts with foreign powers without
the consent of Congress was clear and explicit, and,
therefore, the irresistible conclusion was, that it
was in the general government; for it was certain
that it existed somewhere as a necessary ingredient
of our sovereignty. But they were not to stop here
on mere abstract principles. The constitution itself,
in language too plain to be misunderstood, author-
ized thej&cquisitxon of territory. What was its lan-
guage? jj^New States may be admitted by the Con-
gress into this Union." Could they imagine lan-
guage more clear and comprehensive than this?
(Snt gentlemen said it was intended that the exercise
of that power shall be confined to the territory then
possessed. That he denied. The language of the
constitution was as comprehensive as the framers of
that organic law could make it; but to show what
was the understanding of the framers of the consti-
tution, they had abundant evidence, which all sanc-
tioned the construction he had given to it. If, however,
there were no such evidence, he held that .the Un-
guage of the constitution was sufficiently p-ain and
intelligible, and that its phraseology covered the
whole idea in the fullest possible manner^ But they
were not wanting in the means to prove"5 the inten-
tion of the framers of the constitution in adopting
ts phraseology; nor were they wanting in examples
and precedents under the constitution to show what
was the construction which its framers put upon it.
"New States may beadrnitted into the Union."iSome
gentl man said by this construction of that clause
Congress might admit Holland or England; and he
(Mr. B.) admitted that they might; but the framers
of the constitution relied on the good sense and in-
telligence of Congress, with a confidence that
the power would not be exercised unwisely. "
He would ask if, at the time the constitution
was adopted, the powers of Europe were not en-
larging their territories, and the spheres of their
power? And did they suppose that the framers of
the constitution intended to deny to the confederated
States the power to extend the limits of this repub-
lic beyond those to which it was then confined?
Could it be supposed that such a thing ever entered
their minds for a solitary moment? No; they in-
tended to place the government on a basis which
would make it as powerful as any government on
the face of the globe—one whose influence should
be spread with its civil and religious liberties, to the
utmost possible limits. But when they doubted
as to the interpretations of constitutions and consti-
tutional law, they were called upon to look to the
objects for which it was needed, and to the inten-
tions of the law-makers at the time. But he would
ask if it was not contemplated, at the time the con-
stitution was founded, that the Canadas might be
taken into the Union: and it was for this purpose,
amongst others, that the power was left wide
enough by the constitution, whenever the Canadas
were prepared to break the yoke of their bondage
and frame a republican government. No man could1
deny that such was the idea of the framers of the
constitution. But they had still stronger evidence
than all this. In the convention which adopted
the constitution, an amendment was proposed, in
Committee of the Whole, to give power to admit
new States, to be created out of the then territory of
the United States; but that amendment was rejected;
and the rejection of that proposition showed as
clearly as if it had been written in letters of light,
what was the true meaning of the convention in the
use of this phraseology. But we were not without
precedents also to show the meaning of the consti-
tution. It was of course recollected that the consti-
tution was adopted by nine States of the Union.
Nine States originally constituted the Union. Nine
States elected Washington the first President of the
Union. And how did North Carolina come into
this confederacy? She was not m the Union at
first, nor did she contribute to the election of the
first President. She was a free, sovereign, and in-
dependent State. She had her own ports, and col-
lected her own duties, and exercised sovereign powers.
The confederation of this republic was accomplished
without her. How then did she come here? She
came as Texas now asks to be admitted. By her
solemn councils she adopted the constitution of the
United States, and then asked admission to the con-
federation. A gentleman had told them that her
people were our people, and her institutions were
ouis; and so nn^ht they regard Texas. But North
Carolina was a free and sovereign and independent
State, and was so at the time she was admitted into
the Union. The act of that State was the act of the
State herself; she knocked at the door of the con-
federacy, and the door was wide enough to admit
her. 1* hat was a case in point. She adopted our
principles as her fundamental law, and there were
not then heard any of the constitutional objections
which were now raised. He might state other ex-
amples, but that was sufficiently weighty, occurring,
as it did, but a few years after the adoption of the
constitution, and when the men who framed the
constitution were legislating on this floor. So far,
then, as constitutional question# were concerned, he
thought there could be no doubt that we could either
acquire territory or admit new State?. If, howevor^
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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/m1/156/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.