The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 65
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PUBLISHED BY BLAIR AND RIVES, AT ONE DOLLAR PER SESSION, IN ADVANCE.
28th Cong 2d Sess.
MONDAY, DECEMBER 23, 1844.
Volume 14....No. 4.
[Continued from J\"o. 3.J '
Mr. WALKER asked if it was now in order to
move its reference to a select-committee.
The CHAIR said that the question should
first be decided on the pending motion of reference to
a standing committee—the Committee on Foreign
Mr. WALKER then hoped the motion of refer-
ence to the Committee on Foreign Relations would
not prevail. He pointed out that the same course
which had been maintained for nine years, in send-
ing the subject to a select committee, would not be
Mr. ARCHER insisted that the state of the case
was now differeHt, a negotiation on the subject being
pending; and that, to act upon the bill before the re-
sult of the negotiation was known, would be acting
with discourtesy towards the other department of
the government, and the power with whom the ne-
gotiation was going on.
Mr. ALLEN showed that the bill could not in-
terfere with the negotiation; for the President, in his
annual message, had recommended action such as
was proposed by "this bill, of giving protection to
American citizens in Oregon; and that it ought not
to go to the Committee on Foreign Relations.
Messrs. WALKER, BENTON, ALLEN, MER-
RICK, WHITE, BAGBY, FOSTER of New
York, BREESE, WOODBURY, and BUCHAN-
AN, further advocated the reference to a select com-
The proposition to refer the bill to the Committee
on Foreign Relations was further supported by
Messrs. ARCHER, BAYARD, and MORE-
At the request of Mr. ALLEN, that portion" of
the President's message urging upon Congress the
immediate adoption of some such measure was
read, to show that the President did not consider the
negotiation any impediment to the extension of our
jurisdiction over the Territory for the protection of
The question on Mr. Archer's motion to refer
the bill to the Committee on Foreign Relations be-
ing taken by yeas and nays, resulted—yeas 20, nays
24, as follows:
YEAS—Messrs. Archer, Barrow, Bates, Bayard, Berrien,
Clioate, Clayton, Crittenden, Evuiih, Fos-ter of Tennessee,
Francis, Huntington, Johnson, Miller, Morehead, Peaice,
Phelps, Rives, Upharn,and Woodbrid^e—20.
NAYS—Messrs. Allen, Ashley, Atchison, Atherton, Bag-
bv, Benton, Breesc, Buchanan, Dickinson, Fairfield. Foster
of New York, Hannegan, Haywood, Henderson, Huger,
Merrick, Niles, Porter, Semple, Sturgeon, Tappan, Vv'alker,
White, and Woodbury—24.
So the motion did not prevail.
At Mr. WALKER'S suggestion, Mr. ATCHI-
SON (having introduced the bill) moved its refer-
ence to a select commit'ee.
The motion was accordingly put, and carried
without a division.
On motion, it was agreed that the select committee
should consist of five, to be appointed by the Chair.
The PRESIDENT pro tem. named the following
five gentlemen as the Select Committee: Messrs.
Atchison, chairman; Walker, Rives, Critten-
den, and Allen.
REDUCTION OP POSTAGE.
Mr. MERRICK, pursuant to notice heretofore
given, asked and obtained leave to introduce a bill
for the reduction of postage; which was read twice,
and referred to the Post Office Committee.
Mr._ MERRICK also reported back from that
committee, without amendment, the joint resolu-
tion in the case of David Shaw and S. P. Chausee.
On motion by Mr. CHOATE, the papers of Da-
vid Baker were ordered to be taken from the files,
and referred to the Committee on Patents.
On motion by Mr. PEARCE, the papers of A.
Allen were ordered to be taken from the files, and
referred to the Commfttee on Claims.
On motion by Mr. TAPPAN, the Senate, at i
HOUSE OF REPRESENTATIVES.
Thursday, December 19,1844.
Mr. Edward Cross and Mr. C. M. Reed
appeared yesterday, and took thiir seats.
Mr. William J. Brown and Mr. Sttkes were
announced as the Committee on Enrolled
Bills on the part of the House, in pursuance of the
resolution adopted yesterday.
Mr. E. J. MORRIS offered the following resolu-
tion; which was Considered and agreed to:
Resolved, That the Committee of Ways and Means be in-
structed to inquire into the expediency of reporting a bill
to continue the magnetic telegraph fxom Baltimore to New
Yoi k, by way of Philadelphia.
Mr. WELLER, in pursuance of notice given,
obtained leave, and introduced a joint resolution an-
nexing Texas to the United States, as follows:
Resolved by the Senate and House of Representatives of the
United States of Ameiicain Congress assembled, That fioni
and after the parsage of these resolutions, (the supreme au-
thorities of Texas concurring therein,) the territory now
known as "the republic of Texas be, and the same is hereby,
annexed to, and made a portion of, the territory of the
Sec. 2. And be it further resolved, That the people now
residing upon the said territoiy, and within the limits of
Texas, shall be incorporated into the Union of the United
States, and protected m the free enjoyment ol their liberty
and property, and admitted, as soon as may be consistent
with the principles of the federal constitution, to the enjoy-
ment of all the rights, privileges, and immunities of citizen?,
ofthe United States
Skc. 3. And be it further resolved, That the said territory
hereby annexed shallbe known as the ''Territorj of Texas;"'
and, until otherwise ordered, the laws of Texas now exist-
ing shall remainm lull force; and all executive and judicial
olticers of Texas, (except the President, Vice President, and
heads of departments,) shall retain their offices, with all au-
thority and power appertaining thereto; and the courts of
justice there established shall, for the present, remain as
Sec. -l: And be it further resolved, That all titles and claims
to real estate, valid under the existing laws of Texas,
shall be deemed and held so by the government of the
Sec. 5. And be it further resolved, That the public lands in
the said Territory be, and the same are hereby, pledged for
the payment of the debt, "however created, anterior to the
passag'e of these resolutions, for which the faith ofthe gov-
ernment of Texas has been given, amounting, as is sup-
posed, to ten millions of dollars.
Skc 6. And be it further■ resolved, That commissioners
shall hereafter be appointed, under such restrictions as Con-
gress may impose, to examine and report the claims which
may be presented against the government of Texas, in order
that the proceeds of the public lands, as aforesaid, may be
applied to the extinguishment theieof.
Sfc.7. And be it jurther resob-ed, That commissioners
shall hereafter be appointed, who shall establish the bound-
anes, and divide said territory in such manner and form as
Congress may direct.
Skc. 8 And be it further resahed, That a<? soon as the su-
preme authorities of Texas shall signify their approval of
these resolutions, the same shall be deemed and held to be
the fundamental law of the land.
The resolution was read the first and second time;
Mr. WELLER moved to refer it to the Commit-
tee ofthe Whole on the state of the Union.
Mr. E. S. HAMLIN moved to refer the resolu-
tions to a select committee of one from each State
in the Union, with instructions to report to the
First. "Whether Congress has any constitutional
power to annex a foreign independent nation to this
government; and if so, by what article and section
of the constitution it is conferred: whether it is
among the powers expressly granted, or among
those which are implied: whether it is necessary to
carry into effect any expressly granted power; and
if so, which one. ■
Secondly. Whether the annexation of Texas
would not extend and perpetuate slavery in the
slave States, and also the internal slave trade; and
whether the United States government has any con-
stitutional power over slavery in the States, either
to perpetuate it there, or to do it away.
Thirdly. Whether, the United States having ac-
knowledged the independence of Texas, Mexico is
thereby deprived of her right to reconquer that
Fourthly. That they report whether Texas is
owing any debts or not, and if she is, what is the
amount, and to whom payable; and whether, if she
should be annexed to the United States, the united
government would be bound to pay them all.
Fifthly. That they report what treaties are in
existence between Texas and foreign governments;
and, if she should be annexed to the United States,
whether the united government would be bound by
the law of nations to fulfil these treaties.
The SPEAKER said that the question would be
first put on referring the resolution to the Commit-
tee of the Whole on the state of the Union.
Mr.' HAMLIN called for the yeas and nays;
which being ordered, the question was taken, and de-
cided in the affirmative—yeas 109, nays 60, as fol*
YKAS—Messrs. Arlington, Benton, Edward J. Black*
James Black, James A. Black, Bower, Bowlin, Boyd,
Aaron V. Brown, "William J. Brown, Burke,'Caldwell, Car-
penter, Jeremiah E. Cary, Reuben Chapman, Chappell,
Clinton,, Cobb, Coles, Cioss, Culioin, Dana, Daniel, Richard
D.Davis, John W.Davis, Dean, Dellet, Douglass, Drom-
goole, Duncan, Dunlap, Farlee, Ficklin, French, Fuller,
'Goggin, B\ram Green, Hale, Hannibal Hamlin, Hammett,
Haralson, Hays, Ilenley, Heirick, Hopkins, Houston, Hub-
bell, Hughes, Hungerford, James B. Hunt, Charles J. In-
gersoll, Jameson, Cave Johnson, Andrew Johnson, Andrew
Kennedy,- Preston King, Labranche, Leonard, Lucas,
Lumpkin, Lyon, McCauslen.'Maclay, McClelland, McCler-
nand, McConnell, McDowell, McKay, Joseph Morris,
Isaac E. Morse, Murphy, Newton, Norris, Owen, Parmen>
ter, Payne, Emery D. Potter, Pratt, Puidy, David S. Reid,
Reding, Relfe, Robinson, Russell, Thomas H. Seymour,
David L. Seymour, Simons, Simpson, Slidell, John T.
Smith, Thomas Smith, Robert Smith, Steenrod, Stephens,
Stiles, James W. Stone, Alfred P. Stone, Summers, Sykes,
Taylor, Thompson, Tibbatts, Weller, Wentworth, Benja*
min White, Williams, Woodward, Joseph A. Wright, and
NAYS -Messrs. Abbot, Adams, Baker, Barringer, Bar-
nard, Brengle, Jeremiah Brown, Buffington, Catlin, Causin,
Clingman, Collamer. Cranston, Garrett Davis, Deberrv,
Dickey, Fis>h, Florence, Giddings, Grinnell, Grider, Edward
S. Hamlin, Harper, Hudson, Washington Hunt, Joseph R;
Ingersoll, Jenks, Perley B. Johnson, John P. Kenned},
Mcllvaine. Marsh, Edward J. Morris, Freeman H. Morse,
Moseley, Nes, Paterson, Peyton. Phcenix, Pollock, Elisha
R. Potter. Ramsey, Charles M. Reed, Rockwell, Rodney,
Rogers, Sample, Schenck, Severance, Albert Smith, Caleb
B. Smith, Andrew Stewart, Thomasson, Tilden, Tyler,
Vance, Vanmeter, Vinton, Wethered, Wheaton, John White,
Mr. BRTNKERHOFF rose and stated that he
was not within the bar when his name was called;
but had he been, so, he would have voted in the af-
The resolution having been thus referred, to.
the Committee of the Whole on the state of the
The question was put on printing it, and decided
in the affirmative.
Mr. POLLOCK desired to give noticc of his in-
tention hereafter to ask leave to introduce a bill
or joint resolution.
Mr. CAVE JOHNSON said he should object to
everything out of the regular order of business; and
at the same time he suggested that the business
which each gentleman was desirous to expedite,
would be facilitated by regularity and order in their
proceedings. He, however, withdrew his objection
in this particular case.
Mr. POLLOCK then gave notice that, at some
future occasion, he should ask leave to introduce a
bill, or joint resolution, providingfor the submission
of the question of the annexation of Texas to the
people, through the ballot-box.
Mr. WENTWORTH observed that the peop)^,
had already decided that question at the polls, in
terms too decided to be misapprehended; and he
was now for carrying out that decision.
The notice was received and recorded.
Mr. HOUSTON then rose and said he was glad
that his friend from Tennessee [Mr. C. Johnson]
had intimated that he should object to any business
that did not come up in its regular order. This was
a short session, and there were important bills be-
fore the Committee of the Whole on the state of the
Union; and therefore he hoped no time would be
lost, but that the House would at once resolve itself
into Committee of the Whole for the consideration:
of those bills. There was one bill in which he had
some interest, and he was desirous that it should be
taken up and disposed of; first, because he was de-
sirous that it should be passed, and next, because
he wished the House to reach the other bills on the
calendar. He hoped the gentlemen who were op-
posed to the measure to which he had alluded,
would consent to take it up and dispose of it; and
he would now move that the House resolve itself
into Committee of the Whole on the state of the
Union—his object being, of course, to take up the
bill alluded tp.
the president's message in relation to
Captain Waggaman, private secretary to the Fre«*
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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/m1/65/: accessed August 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.