The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 33
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PUBLISHED BY BLAIR AND RIVES, AT ONE DOLLAR PER SESSION, IN ADYANCE.
28th Cong 2d Sess.
MONDAY, DECEMBER 16, 1844.
Volume 14....No. 2.
[Continued jrom.No. 1.]
public lands herein ceded, and the net revenue from
the same, are hereby pledged.
"In order to ascertain the full amount of the debts
and liabilities herein assumed, and the legality and
validity thereof, four commissioners shall be ap-
pointed by the President of the United States, by
and with the advice and consent of the Senate, who
shall meet at Washington, Texas, within the period
of six months after the exchange of the ratifications
of this treaty, and may continue in session not exceed-
ing twelve months, unless the Congress of the United
States should prolong the time. They shall take an
oath for the faithful discharge of their duties, and
that they are not directly or indirectly interested
in said claims at the time, and will not be
during their continuance in office; and the said
oath shall be recorded with their proceedings.. In
case of the death, sickness, or resignation of
any of the commissioners, his or their place or
places may be supplied by the appointment as afore-
said, or by the President of the United States du-
ring the recess of the Senate. They, or a majority
of them, shall be authorized, under such regulations
as the Congress of the United States may prescribe,
to hear, examine, and decide on all questions touch-
ing the legality and validity of said claims, and
shall, when a claim is allowed, issue a certificate to
the claimant, stating the amount, distinguishing
principal from interest. The certificates so issued
shall be numbered, and entry made of the number,
the name of the person to whom issued, and the
amount, in a book to be kept for that purpose. They
- shall transmit the records of their proceedings and
the book in which the certificates are entered, with
the vouchers and documents produced before them,
relative to the claims allowed or rejected, to the
Treasury Department of the United States, to be de-
posited therein; and the Secretary of the Treasury
shall, as soon as practicable after the receipt of the
same, ascertain the aggregate amount of the debts
and liabilities allowed; and if the same, when added
to the amount to be paid to Frederick Dawson, and
the sum which may be paid in the redemption of
the exchequer bills, shall not exceed the estimated
sum of ten millions of dollars, he shall, on the present-
ation of a certificate of the commissioners, issue, at the
option of the holder, a new certificate for the amount,
distinguishing principal from interest, and paya-
ble to him or„order, out] of the net proceeds of the
public lands hereby ceded, or stock of the United
States, for the amount allowed, including principal
and interest, and bearing an interest of three per
cent, per annum from the date thereof; which stock,
in addition to being made payable out of the net
proceeds of the public lands hereby ceded, shall
also be receivable in payment for the same. In
case the amount of the debts and liabilities allowed,
with the sums aforesaid to be paid to Frederick
Dawson, and which may be paid in the redemption
of the exchequer bills, shall exceed the sura of
ten millions of dollars, the said secretary, before
issuing a new certificate, or stock, as the case may
be, shall make in each case such proportionable and
ratable deduction on its amount as to reduce the ag-
gregate to the said sum of ten millions of dollars;
and he shall have power to make all needful rules
and regulations necessary to carry into effect the
powers hereby vested in him.
"Until farther provision[shall be made, the laws of
Texas, as now existing, shall remain in force,
and all executive and judicial officers of Texas,
except the President, Vice President, and heads of
departments, shall retain their offices, with all power
and authority appertaining thereto; and the courts
of justice shall remain in all respects as now estab-
lished and organized.
"Immediately after the ratifications of this
treaty, the President of the United States, by and
with the advice and consent of the Senate, shall ap-
point a commissioner, who shall proceed to Texas
and receive the transfer of the territory thereof, and
all the archives and public property, and other
things herein conveyed, in the name of the United
States. He shall exercise all executive authority
in said territory necessary to the proper execution
of the laws, until otherwise provided,"
Be and the same is hereby declared to be the funda-
mental law of union between the said United
States and Texas, so soon as the supreme authorities
of the said republic of Texas shall agree to the same.
And it shall be the duty of the President of the
United States, so soon as he shall be officially no-
tified of such agreement on the part of Texas, to
announce the same by proclamation.
Resolved further, by the authority aforesaid, That
it is understood and intended that whatever was
stipulated to be done immediately, or at a fixed
period after the exchange of the ratifications of the
aforesaid compact, shall be done immediately or in
a like period after the supreme authorities of Texas
shall have formally agreed to these resolutions.
The joint resolution having been read twice, was,
on the motion of Mr. ARCHER, referred to the
Committee on Foreign Relations.
Mr. BENTON gave notice that he would, to-
morrow, ask leave to introduce a bill for the annex-
ation of Texas to the United States.
The resolution introduced by Mr. Rives yester-
day, was taken up and agreed to, as follows:
JUsolred, That the President be requested to communi-
cate to the Senate, if not incompatible with the public inter-
est to do so, any further correspondence which maylia\e
taken place between the minister of the United States to
Mexico and the government of the republic, as well as any
communication which may have been receivrt Iron) the
minister of later date than those tiansmitted with themes-
sage of the 3d instant.
Mr. ALLEN submitted the following resolu-
tion, which lies on the table one-day under the
Resolved, That the President be requested to lay before
the Senate, if in his judgment that may be done without
prejudice to the public interests, a copy of any instructions
which may have been given by the executive to the Ameri-
can minister in England, on the subject of the Territory of
Oregon, since the correspondence which may have passed
between this government and that of Great Britain, or be-
tween either of the two governments and the minister of
the other, in relation to that subject, since that time.
Mr. ASHLEY presented a petition from Asahel
Brainard, of Lake county, Ohio, asking an increase
of pension: referred to the Committee on Pensions.
On motion by Mr. BERRIEN, the Senate pro-
ceeded to the consideration of executive business;
and after some time spent therein,
Tuesday, December 10,1844.
The minutes of yesterday were read and ap-
The following members, whose names have not
been heretofore published, appeared in their scats
From South Carolina—John Campbell.
From North Carolina—Kenneth Rayner,
From Maryland—Francis Brengle.
NOTICES OF BILLS AND RESOLUTIONS.
Mr. BRODHEAD submitted the following reso-
Resolved, That the Committee on the Judiciary be directed
to inquire and report what amount of unclaimed dividends
remain in the hands of the officers, agents or trustees of the
old Bank of the United States, whose charter expired in
1811; and what action, if any, it would be proper for Con-
gress to take in relation thereto.
The SPEAKER said the resolution could only
be received by general consent.
Mr. BRODHEAD asked the general consent;
and, there being no objection,
The SPEAKER put the question on the adop-
tion of the resolution, and it was agreed to.
Mr. ADAMS gave notice of his intention here-
after to ask leave to introduce a bill for the relief of
Joseph Holmes and others, owners and legal repre-
sentatives of the crew of the schooner Industry.
Mr. HOPKINS, on motion, withdrew from the
files of the House the papers relating to the claim
of Maty McKnistry. *
Mr. HOOfE, pursuant to notice heretofore given,
asked leave to introduce a bill to direct the Presi-
dent of the United States to cause the reserved lead,
mines in the State of Illinois and Territories of
Wisconsin and Iowa to be exposed to public sale.
Leave was granted, and the bill was read a first
arid second time, and referred to the Committee on
Mr. CALDWELL gave notice that he would on
to-morrow, or some subsequent day, offer a joint
resolution explanatory of an act making appropria-
tions for the payment of revolutionary and other
pensions of the United States tor the fiscal year
ending the 30th of June, 1845.
Mr. GIDDINGS inquired what was the regular '
order of business.
The SPEAKER replied, the call by States for
Mr. GIDDINGS called for th*at order of business.
The call wasjcommenced with the State of Maine,
and petitions were presented.
From New Hampshire: by Mr. BURKE.
From Massachusetts: by Mr. ADAMS.
One of the petitions presented by Mr. Adams was
on the subject of war, which the petition represented
as inconsistent with the spirit of Christianity. It
was referred to the Committee on Foreign Affairs.
Another was a petition from the American Statis-
tical Society, in relation to certain errois in the last
or Sixth Census of the United States.
Mr. ADAMS said a petition on this subject, at
the last session, was referred to a select committee;
and he hoped this petition would take same direc-
The SPEAKER stated that the committee of the
last session was a special committee, and that it
necessarily expired with the session.
Mr. ADAMS moved the appointment of a select
committee of nine members for the consideration of
this petition. He also moved that the petition be
The SPEAKER put the question on the creation
of the select committee, and 80 voted in the affirma-
tive. Without announcing the number of those in
the negative, the Speaker stated there was evidently
a majority in the affirmative.
The SPEAKER next put the question on print-
ing the memorial, and decided that it was lost.
Mr. BARNARD called for a division. He in-
quired also if the memorial was very long; if not, he
should ask that it might be read.
The Clerk replied that it was very long.
The SPEAKER put the question on printing,
and 59 voted in the affirmative.
Mr. BARNARD called for the yeas and nays,
and they were ordered.
Mr. E. J. BLACK called for the reading of the
memorial. He said he could not vote satisfactorily
unless he heard it read.
The Clerk accordingly proceeded to read the doc-
ument, which set forth errors in the statistics of col-
leges and common schools.
After reading some time without having gor.e
through the petition,
Mr. E. J. BLACK rose and said he had heard
enough to show him the character of the document;
he therefore withdrew his demand that it should be
Mr. BOYD moved to lay the motion to print on
Mr. BARNARD called for the yeas and nays,
and they were ordered; and being taken, resulted
thus—yeas 101, nays 79, as follows:
YEAS—Messrs Arlington, Ashe, Atkinson, Baily.Bar-
ringei, Benton, Edward J. Black, James Black, Blackwell,
Bower, Bowlin, Boyd, Milton Brown, William J. Brown,
Burke, Burt, Caldwell, Campbell, Causin, Augustus A,
Chapman, Clingman, Coles, Cullom, Daniel, John w. Davis,
Dawson, Dean, Dellet, Douglass, Dromgoole Duncan, Dun-
lap, Ficklin, Foster, French, Goggin, Hale, Hannibal Ham-
lin, Hammet, Haralson, Hays, Herrick, Hoge, Hopkins,
Houston, Hubard, Hughes, Hungerford, James B, Hunt,
Charles J. Ingersoll, Jameson, Cave Johnson, Andrew
Johnson, G. W. Jones, Andrew Kennedy, Preston King, La-
hranche, Lucas, Lumpkin, McCauslen McGonnell, McDow-
ell, McKay, Uaac E. Morse, Murphy, Newton, Norns
Parmenter, Payne, Peyton, Emery D. Potter Purdy, David
S Reid Kedmg, Retfe, Rhett, Ritter, Roberts, Russell,
St. John, Saunders, David L. Seymour, Simons, Simpson,
Slide!!, John T. Smith, Thomas Smith, Robert Smith, Stecn-
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United States. Congress. The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session, legislative document, 1845; Washington D.C.. (texashistory.unt.edu/ark:/67531/metapth2366/m1/33/: accessed April 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.