The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 35
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ministered in the city of New York than were the
teneral or State laws in any other portion of the
Fnion. Nor did he believe that less patriotism or
justice influenced those exercising the administra-
tion of the laws in New York than influenced the
administrators of the laws anywhere else in the Uni-
ted States. He knew of no loose administration of
the laws in the city or State of New York; nor did
he know a single instance of the duties of the bench
being exercised by the officers of the courts of jus-
tice. There may be instances, under peculiar cir-
cumstances; but if there are, they are exceptions to
the rule—not the rule of practice itself. He
did not know of any advantage that could
be derived from an exhibition of the rec-
ord, as required by- the old law referred
to by the senator from Virginia, [Mr. Bives,] in-
stead of the certificate of the court as to the record
of declaration of intention, upon the application of
a foreigner for naturalization. What security could
ths record afford that is<not furnished by the certifi-
cate under the official seal of the court? Neither the
record nor the certificate would guard against such a
fraud as that of one person passing himself for an-
other, unless to the record were bound, and could
be brought up with it, the person of him recorded.
But even the allegation of one person passing him-
self off on the record of another, was not, he be-
lieved, based upon facts to any extent throughout
the whole country; nor was it true, to any degree of
consequence, that the rights of citizenship were.ex-
tend, before the late election, to persons residing less
than five years in the United States. The two re-
quisites necessary ware complied with; first, of a
five years' residence; and next, of a two years' dec-
laration of intention to become a citizen. The
proof was always demanded of three years' resi-
dence before making the declaration of intention.
He agreed v ith the senators from Virginia [Mr.
Rives] and from Maryland, [Mr. Merrick,] that
the term of residence required by the existing natu-
ralization laws (five years) is quite long enough.
To extend it would be to produce an ungracious and
mischievous distinction between those born here,
who may be said to be citizens by accident, and
those who some here by choice, under the influence
of ripe judgments. Whilst native born citizens of
doubtful or bad character might exercise all the
rights of citizenship, foreign residents of several
years' standing, and of irreproachable character,
would be disqualified for the best portion of their
lives. He would go as far as any one in securing the
ballot-box and elections from fraud. But he was op-
posed to making invidious distinctions that produced
no security whatever. The law, as it exists, requires
of the foreigner applying for citizenship, not only a
fair period of probation, out satisfactory proof of his
good character and devotion to our republican insti-
tutions. From our own citizens, accidentally born
here, we require nothing of the kind. If greater se-
curity is required, why make the invidious distinc-
tion of demanding it from the one and not from the
other? Is not the period of probation as secure at
five as at twenty years, the other guaranties being
given? Why ask a man of irreproachable charac-
ter and devotion to our institutions for five years, a
probation of twenty years? If he is not fit to be a
citizen in five, he will not in twenty years. If such
a prolonged moral test is to be applied to him, why
not apply it to those who at present give no moral
test whatever—to American citizens born here? The
more the subject of change is examined, the more
difficulties will present themselves in the way of
general action that can be at all satisfactory. His
main object in rising on this occasion was to repel,
as far as he coukt, what seemed to him an imputa-
tion on the administration of justice in the State
which he had the honor in part to lepresent.
The question was then put, and the resolution
The PRESIDENT pro tern, laid before the Senate
the annual report from the Treasury Department;
On inoticn by Mr. EVANS, it was ordered to be
printed, and referred to the Committee on Finance.
On motion by Mr. E., 5,000 copies additional
were ordered to be printed for the use of the Senate.
The PRESIDENT pro tern, also laid before the
Senate a communication from the Treasury Depart-
ment, transmitting the annual report of the Com-
missioner of the General Laad Office; which, on
motion, was ordered to be printed, and referred to
the Committee cm Public Lands.
On motion by Mr. WOODBURY, 1,500 copies
additional of the report were ordered to be printed.
On motion by Mr. BERRIEN, it was ordered
that the petition and papers of Miles King be taken
from the files, and referred to the Committee on the
^/TEXAS—HER PUBLIC DEBT—LAND GRANTS,
The resolution submitted by Mr. Phelps, on
Thursday last, came up for consideration; and was
read as follows:
■'Jtesctverf, That the President be requested to inform the
Senate whether the executive department is possessed of
any definite and satisfactory information by which the pres-
ent public debt of the republic of Texas can be, ascertained;
and if so, that he be requested to communicate it to the Sell-
ate, with the aggregate amount of the debt; and also, that
he be requested to inform the Senate whether any, and if
any, what additions have been made to that debt since, the
signing of the treaty with that republic, submitted'to tile
Senate at its last session.
And that he be further requested to inform the Senate
what amount of the public lands of Texas had been granted
by the Spanish, Mexican, and Texian governments previous
to the signing of said treaty; what amount remained un-
graded at that date; and whether any, and what grants of
said domain have been made by the Texian government,
since that period.
On motion by PHELPS, the resolution was mod-
ified by striking out all after the word "govern-
ments" in the third line 'of the second paragraph,
and inserting the following:
And to what extent the faith of either of said governments
had been pledged, by the issuing of scrip or other security,
to make grants thereof, or in any form to part with its ti-
tle or interest in the same, previous to the signing of said
treaty; what amount remained at the date ungranted and
subject to no such pledge; and whether any or what grants
of said domain have been made, or other evidence of title
thereto, legal or equitable, issued by the Texian govern-
ment since that period.
Mr.TDAPPAN expressed a hope that the resolu-
tion would not be adopted. He did not see any
cause for making the inquiry on any other ground
than thisjithat we?propose paying or assuming those
debts. For why should we want to act, unless we
intended, by some contract, to assume those debts?
He did not want to know what was the amount of
those de"bts. He was unwilling to make this gov-
ernment responsible for them, he they more or less.
It would be just as appropriate to'inquire into the
debt of Great Britain aa a'matter of curiosity. The
debts of Texas was a question entirely aside from
the question of annexation. If Texas be annexed,
the country may come in without making the Uni-
ted States responsible for those debts. He did not
want to make any inquiry which would lead to the
impression that we would assume them if Texas
was admitted into the Union.
Mr. PHELPS said he would not have offered the
resolution if he had supposed it would create a dis-
position to assume the debts of Texas. He assured
the senator from Ohio [Mr-. Tappan] that no such
assumption would ever grow out of any act of his.
The senator was aware that the opinion does pre-
vail to a great extent, that if the project of annexa-
tion takes place, and the people of the Texan gov-
ernment be "incorporated with the people of the
United States," the result will be that this people will
become responsible for their debts. Upon that sub-
ject he was not prepared to express an opinion. He
knew that many entertained the opinion that we
would, if Texas was admitted, become responsible
for her debts. It was upon that ground he introduced
the resolution. He would take the liberty to say,
that before this subject-was passed upon, it becomes
this Senate to inquire into the matter, and decide how
far they consider themselves responsible for those
debts if the annexation takes place. It is a subject
which should not be left for controversy heie.;fter.
It should be looked into now. The resolution is one
of inquiry merely, which will place the whole sub-
ject before us. 1
The question was then put, and the resolution
Mr. BATES gave notice that he would to-mor-
row ask leave to introduce a bill to refund the bal-
ances ascertained to be due the State of Massachu-
The bill granting a pension to James Duffy was
read the third time, and passed.
The bill for the relief of the heirs of Robert Fulton
was taken up and considered as in committee of the
whole, reported to the Senate, and ordered to be en-
grossed for a third reading.
The bill for the relief of the legal representatives of
Joshua Kennedy, of Alabama, was taken up and
considered as in committee of the whole, reported to
| the Senate, and ordered to be engrossed.
On motion of Mr. MERRICK, the Senate pro-
ceeded to the consideration of executive business;
and after some time spent therein, adjourned.
HOUSE OF REPRESENTATIVES.
Monday, December 16, 1844.
Mr. BURKE asked leave to offer a resolution.
Mr. DUNCAN objected that it was out of order.
ELECTORS OP PRESIDENT AND VICE PRESI-
The SPEAKER observed that the first business
in order was the question on the engrossment of the
bill introduced by the gentleman from Ohio [Mr.
Doncan] to establish a uniform time for choosing
electors of President and Vice President.
Mr. C, J. INGERSOLL asked if this was not
The SPEAKER replied that it was petition day.
The yeas and nays being ordered, the question
was then put on the engrossment of Mr. Duncan's
bill, and decided in the affirmative—yeas 187, nay
1, as follows:
YEAS—Messrs. Abbot, Adams, Anderson, Arrington,
Ashe, Baily, Bakerr Barringer, Barnard, Benton, Bidlack,
James Black, James A. Black, Blackwell, Bower, Boydj
Brinkerhoft', Brodhead, Aaron V. Brown, Milton Brown,
William J. Brown, Buffington. Burke, Caldwell, Carpenter, '
Catlin, Reuben Chapman, Augustus A. Chapman, Chilton, •
Clinch, Clmgman, Clinton, Cobb, Coles, Collamer, Cran-
ston, Cullom, Dana, Daniel, Darragh, Garrett Davis, Rich-
ard D. Davis, John VV. Davis, Dean, Deberry, Dellet,
Dickey, Dillingham, Douglass, Dromgoole, Duncan, Dun-
lap, Kllis, Elmer. Farlee, lucklin, Fish, Florence, Foot, Fos-
ter, French, Fuller, Byram Green, Grinnell, Grider, Hale,
Hannibal Hamlin, Edward S. Hamlin, Hammett, Haralson,
Hardin, Harper, Hays, Henley, Kerrick, Hoge, Hopkins,
Houston, Hubard, Hubbell, Hudson, Hughes, Hungerford,
Washington Hunt, James 13. Hunt, Joseph R. Ingersoll,
lrvin, Jameson, Jenks, Cave Johnson, Perley B. Johnson,
Andrew Johnson, George W. Jones, Andrew Kennedy,
John P. Kennedy, Preston King, Daniel P. King, Kirkpat-
rick, Leonard, Lucas, Lumpkin, Lyon, McCauslen, Maclay
McClelland, McClernand, McConnell, McDowell, Mcll-
vame, McKay, Marsh, Mathews, Edward Joy Morris, Free-
man H. Morse, Isaac E. Morse, Moseley, Murphy, Nes,
Newton, Norris, Parmenter, Paterson, PaYS*e, Pettit, Peyton,
Phoenix, Pollock, Elisha R. Potter. Emef}' D. Potter, Pratt,
Preston, Ramsey, Rathbun, Rayner, David S. Reid, Reding,
Relle, Ritter, Roberts, Robinson. Rockwell, Rodney,
Rogers, Russell, St. John, Sample, Saunders, Senter, Sever-
ance, Thomas H. Seymour, David L. Seymour, Simons, Sli-
dell, Albert Smith, John T. Smith, Thomas Smith, Caleb B. -
Smith, Robert Smith, Spence, Steenrod, Stetson, Andrew
Stewart, John Stewart, Stiles, James W. Stone. Alfred P. .
Stone, Strong, Summers, Taylor, Thomasson, Thompson,
Tibbatts, Tilden, Tyler, Vanineter. Vinton, Weller, "Went- .
worth, Wethered, "VVheaton, John White, Benjamin White, '•
Williams, Winthrop, William Wright, Joseph A. Wright, /
and Yancey—187. j?
The bill being read the third time—
Mr. DUNCAN called for the previous question
on its passage; which being seconded by the House,
and the main question ordered,
The question was put, and it was passed without
RHODE ISLAND AFFAIRS.
Mr. BURKE offered a resolution providing for
the printing of 10,000 copies of the reports of the
majority and minority of the select committee ap-
pointed on the memorial of the members of the
Rhode Island legislature.
Objections being made—
Mr. BURKE moved to suspend the rules, and
called for the yeas and nays on the question; which
being ordered, the question was taken and decided
in the negative—yeas 103, nays 87, being less than
a majority of two-thirds, as follows:
YEAS —Messrs. Anderson, Arrington, Benton, Bidlack,
Blackwell, Bower, Bowhn, Boyd, Brinkerhoff, Brod-
head, Aaron V. Brown, William J. Brown, Burke, Cald-
well, Carpenter, Catlin, Augustus A Chnp'-r.an, Clinton,
Cobb, Cuiiom, i>ar.a, Daniel, John W. Fcvjs, Dean, Dilling-
ham, Douglass, Dromgoole. Dunlan, bailee, Hcklin, Fos-
tei, 1 rench, Fuller. Ilale, Hannibal Hamlin. Hammett, Hays,
llenlev, Hoge, Hopkins, Houston, Hubard, Hubbell, Hughes,
Jarr.es'B. Hunt, thailes J. Ingersoll, Jameson, (_ave John-
son, Andrew Johnson, George W. Jones, Andiew Kennedy,
Preston King, Kiikpatrick, Leonard, Luca«, Lumpkin, Lyon,
McCauden, \Jaclay, McClelland, McClernand, McDowell,
McKay, Mathews,'l&aac E. Morse, Murphy, Norris, Parmen-
ter, Payne, Pettit, Emery D. Pottei, Rathbun, Dawd S
Reid, Reding, Belfe, Ritter, Roberts, Robinson, Russell,
St John, Saunders, Thomas H. Seymour. David L. Sey-
mour. Simons. Slidull, JohnT. Smith, Thomas Smith, Rcl ert
Smith, Steenrod, John Stewart, James V/. Stono, Alfred,
P. Stone, Strong, Taylor, Thompson, Tibbatts, "V\ ellcr,
W nt\vorth, Wheaton," Benjamin White, Williams, Joseph
A. Wright, and Yost.—JOS.
NAYS.—Messrs Abbott, Adams, Ashe, Baily, Baker, Bar-
ringer, Barnard, Edward J. Black, James Black, Milton
Brown. Buftington, Burt, Chilton, Clinch, Clingman, Coles,
Collamer, Cranston, Darragh, Garirlt Da-\is, Richard D.
Da\is, Deberry, Dellet, Dickey, Elmer, Fish, Florence,
Foot, Giddings, Goggin, Grinnell, Gnder, Edw ard S. Ham-
lin, Haralson, Hardin, Harper, Holmes, Hudson, Washing-
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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/m1/51/: accessed May 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.