The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 350
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350
CONGRESSIONAL GLOBfc.
and BERRIEN, suggested the propriety first of
having the bill for the relief of the State of Michigan
and several railroad companies, which was under
consideration yesterday, taken up and disposed of.
Mr. COLQUITT yielded to the suggestion.
On motion by Mr. PEARCE,
Rtsolvtd, That the Committee on Naval Affairs be in-
structed to inquire into the expediency of printing the as-
tronoraical and magnetic observations made by Lieutenant
Giliis. under the instructions of the Navy Department of
the 13th August, 1838.
RAIL ROAD IRON.
On motion by Mr. PORTER, the Senate lesumed
the consideration of the bill for the relief of the State
of Michigan arid certain railroad companies.
Mr. JOHNSON hoped the question would be
taken on the bill, as it was fully discussed yester-
day.
Mr. STURGEON remarked that his colleague,
who expiessed a wish yesteiday to say something
oil this bill, was not in his sent. He hoped, how-
ever, in his absence that the bdl would not be passed.
Suppose, said he, this bill was passed on the ground
that the iron was imported but not laid down pre-
vious to the act of 1842, levying a duty on railroad
iion, with what justice could Congress refuse to re-
mit the. duty to companies which had not been so
fortunate as to import it before the passage of that
act. The passage of this bill would bring to the at-
tention of Congress other claims for its bounty, and
would be followed by the bill for the general remis-
sion of duty on that article. He felt it to be his duty,
therefore, to resist its passage, to prevent a result
which would be so destructive to the interests of
Pennsylvania. He went for incidental protection.
The people of Pennsylvania were in favor of it; and
he appealed to the friends of that system to resist
his bill, which went to disturb that system.
He would content himself without further remark,
by calling for the yeas and nays on the passage of
the bill.
Mr. .TARNAG1N expressed lus opposition to
taxing articles of prime necessity, of which iron was
one, and should therefore vote for the bill remitting
the duty in this case, believing that the persons who
had invested their moneys in railroads for the ac-
commodation of the public were more entitled to
the bounties of government than these iron-mongers,
the interests of whom, it was alleged, would be affect-
ed by the passage of this bill.
Mr. WOODURIDGE remarked that there wag
110 provision of this bill which acted prospectively;
that it was altogether retroactive, m its character,
and involved no"principle connected with the present
tariff system. The iron which the bill proposes to
remit the duty upon, was authorized to be imported
free of duty if actually laid down before a certain
date. Oiic.umstances of ail embarrassing character
rendered it utterly impossible to pr&pare the con-
struction of the road so as to lay the iron down be-
fore the expiration of the time allowed by the law
for that pin pose. This bill merely secured the
benefit of the law authorizing the iron to be import-
ed fiee of duty, although it was not actually laid
down by the time prescribed by the law. It would
not be liberal, wise, or just policy to deny the ben-
efits contemplated by that act; especially as the bill
did not interfere in the slightest degree with the
course of policy established by the last Congress, in
the enactment of the tariff law.
Mr. ASHLEY said he would vote against this
bill, or any other granting to the railroad companies
a bounty, unless a provision was made in the same
bill to protect the mail establishment of the United
States against the extortionate demands of those
companies. TU-'re ought to be some provision to
compel those companies to transport the United
Slates mail at a reasonable rate, before they should
be entitled to the benefit of the act; and if Michi-
gan has constructed a railroad, and desired a bounty
of the government, she ought to stand on the same
footm° r,K oilier corporations in this respect. He
trusted that no bill would be passed unless there
was a provision inserted such as he had alluded to.
He therefore moved to refer the bill to the Commit-
tee on the Post Office and Post Roads, with instruc-
tions to protect the interests of the United States by
an amendment. ...
Mr. PORTER said the State of Michigan, which
had constructed two hundred miles of railroad,
would never consent, for the paltry benefit which
would be derived from the passage of this bill, to sur-
render those roads to the Postmaster General. He
would be ready to legislate upon some general
propositi m concerning the. carrying oi the United
States mail upon railroads j. but would not consent to
act partially upon the subject as proposed. He
hoped the senator from Arkansas [Mr. Ashlett]
would not press his motion.
Mr. BUCHANAN desired to have something to
say upon this bill; and he wished to know how
much money it would take out of the treasury if it
was passed. He could say what he intended against
the bill when it was' upon its passage, and would
not interfere with its further progress at that time.
The bill was then ordered to be engrossed for a
third reading.
On motion by Mr. ARCHER, it. was
Ri-soh'etl. That the Secretary of the Treasury he request-
ed to transmit to the Senate a report of the synoptical in-
dex of the treasury instructions for the administration
oS the revenue laws, from 17b9, to the present time, which was
commenced under the' direction of Mr. l-Vr :viary Forward,
and continued tmder the several provisions of law; and
that he accompany the same w lih an estimate of the
amount of money necessary to defiay for any existing ar-
rears for its preparation
On motion by Mr. ATHERTON, the previous
orders of the. day were postponed, and the bill for
the relief of Reuben K Gentry was taken up, and
considered as ill committee of the whole, reported
to the Senate, and ordered to be engrossed for a
third reading.
On motion by Mr. PEARCE, the previous orders
of the day were postponed, and the joint resolution
for the relief of Putney & Riddle,' of the city of
Baltimore, was taken up, and considered as in com-
mittee of the whole, reported to the Senate, and
ordered to be engrossed for a third reading.
On motion by Mr. JOHNSON, the previous or-
ders were postponed, and the bill further to provide
for the punishment of offences against the United
States, was taken up for consideration as in com-
mittee of the. whole.
Mr. BERRIEN remarked that the object of the
bill was to extend the jurisdiction of the courts ofthe
United States to ceitain offences which might be
committed on board of enrolled and licensed ves-
sels navigating the lakes and rivers between different
States. It had been framed in consequence of a
memorial from Michigan, in whi< h the want ofthe
necessary power to punish offences in the United
States courts was complained of in consequence of
the jurisdiction now belonging to the Slates.
Mr. TAPPAN said he. tell,constrained to oppose
the bill. If was true tfeat a mcmoiial had conic
from Michigan in its favoi; but the States of Ohio
and Pennsylvania had jurisdiction over parts of
Lake Eric, as well as other States, and New York
had jurisdiction over part of Lake Ontario. Now
there was no application from those States in favor
of this bill. He did not feel assured that they were
willing to part with their jurisdiction over then-
waters; and he preferred letting t he subject remain as
it now stood.
Mr. BERRIEN explained that, the jurisdiction of
tile States, in all eases where it. couhi be exercised,
was not intciferred with by the bill. The opera-
turn of the bill was limited to vessels of a certain ton-
nage sailing under licenses from the United States.
Mr. TAPPAN replied, and contended that it. was
betterto allow the jurisdiction which had been exei-
cised by the States from the foundation of the gov-
ernment, without inconvenience, to remain as it
was.
Mr. JOHNSON said he was assured by the dis-
trict judge of his State that such a bill as this was
necessary.
Mr. WOODBRIDGE contended that the bill
would only give, to the courts of the United States
that jurisdiction to which they were entitled by the
constitution.
The bill was thon reported back to the Senate
without amendment.
Mr. TAPPAN asked for the yeas and nays on
the question of engrossment; which were ordered.
Mr. PORTER stated a circumstance, which hap-
pened last year, and which gave rise to the applica-
tion for the passage of the bill. A crimina/ offence
was committed on board of a steamer, but tile exact
place where was not known. The counsel for the
prisoner raised the question of jurisdiction in the
State court, and the case was dismissed for want of
power to try it.
On motion of Mr. TAPPAN, the bill was inform-
ally passed over till to-morrow, in order to afford
senators time for examination.
ANNEXATION OF TEXAS.
Mr. MILLER thanked the Senate for its courtesy
in not requiring hirn to proceed last night, at the
late hour at which the senator from Mississippi con-
eluded his remarks. Had it been the pleasure of
the Senate that he should then have proceeded, he
would have done so, although he confessed he was
no advocate for a "midnight cry," even against
Texas. He rejoiced that the discussion was not
closed last night, if for no other reason, because it
permitted another sun to rise upon this Union as it
now is; whether another sun shall, after this day's
proceedings, again rise upon it unimpaired, he was
yrjahle to say.
: ;He pronounced the new union, about to be form-
ed by act of. Congress, an unnatural and unconstitu-
tional unionVland, imagining the proposed measure
a bridal orieC he asked who could say, at its con-
summation, "those whom God hath joined together
let 110 man part asunder."
He stated the sentiments of New Jersey on this
question; and, calling to mmd the merits and ser-
vices of that State in revolutionary times, he trusted
in future she would not be forgotten, or kept out of
view, in the decision of measures of national im-
port.
This was the first time, in the history of our gov-
ernment, that the acquisition of foreign territory
was aimed at for the sake of extending our domin-
ion. He enumerated the influences brought to bear
for the enforcement of this project. He character-
ized the out-going President as frantic for Texas;
the South and West as running wild with the Tex-
as mania; and the only question asked of those anx-
ious to become public, servants was—not whether
honest or capable, but—"are you for or against
Texas?"
In answer to a remark of the senator from South
Carolina last night, to the effect that the Senate, be-
ing n small body, was more Susceptible of corrup-
tion than the larger branch of Congress, he inquired
where were the proofs of the allegation; and then
defended the Senate from the imputation, maintain-
ing the propriety of reposing the trust in that body
which it possessed in conjunction with the execu-
tive. lie dwelt upon the praiseworthy conduct of
the Senatcon the treaty of last session, and eulogized
the senator from Missouri for the stand he took
against that measure. He characterized the present
proposition as the very same measure in substance
as the treaty of last session. He asked, was the
Senate ready to show the, white feather now, and
yield to the in-coming administration what it denied
last session to the out-going administration?
. lie enumerated the various modes of annexation
proposed, with a view of showing that, however
favorable the friends of Texas were to the general
question of annexation, they could not agree as to
the manner of accomplishing their object. There was,
however, he considered, a large party outside of
Congress whose motto was, ">Ve must have Texas
any how." What he meant was, that, if Texas is
to be introduced into this Union, it is to be by
force—he did not mean force of arms, but force of
public opinion. Who, he asked, could resist the
rolling waves of progressive democracy? It was in
vain to take up the constitution, and attempt with it
to arrest the tide; the command to the waves to roll
back would have, no more effect than the command
of Canute to the sea approaching his feet as he sat
on the shore of Britain.
, lie denied that the propossd union of two inde-
pendent. sovereign lepublics could, by -any act of
their governments,be constitutionally accomplished.
The power, he maintained, rested with, the organic
sovereignty of both count!ies—the people. With-
out their express authority it coulct not be done; it
was not a delegated authority.
, He referred to the constitution, and dwelt for
some time on the powers of that instrument, with a
view of showing that no authority for this measure
could be derived from its provisions.
He argued that, if this joint resolution passed,
Texas could not act in conformity with her own
constitution, as we require her to do, within the pre-
scribed period.
i He held, that, if the power of this government to
annex Texas existed at all, it was in the treaty-
making power. He took issue with the senator
from Mississippi, [Mr. Walkf.g,] upon his defini-
tion of a treaty, and referred to the authors on inter-
national law to show that the definition of a mere
deed would not characterize a treaty. He held that
the joint resolution was a contract of the_very same
import and substance as a treaty; and he insisted that,
in the nature of things, it never could be executed
constitutionally by the Congress of ths United
States and the legislature of Texas. The two gov-
ernments might resolve, and resolve, and re-resolve,
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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/m1/366/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.