The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 81
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PUBLISHED BY BLAIR AND RIVES, AT ONE DOLLAR PER SESSION, IN ADVANCE.
,28th Cong ,2d Sess.
THURSDAY, JANUARY 2, 1845.
Volume 14....No. 5.
[ Continued from ■No. 4.]
of John B. Denton and Cartes Humpheys, and report the
same to this House; and that the petition accompanying this
resolution be referred to said committee. "
On the njotion of Mr. TIBBATTS, it was
Resolved, That the Committee on the Militia.be instruct-
ed to inquire into the expediency of adopting tlie foliowing
Be it resolved by the Senate and Hiu.se of Representatives
of the United States of Jlmerica in Congress assembled, That
the law approved April 23, 1808, providing for the arming
and equipping the militia of the United States and Territo-
ries, be, and the same is hereby, amended, so that one quar-
ter of the said appropriation shall be expended in the water-
proof ammunition invented and manufactured by Samuel
Colt; provided Colt will furnish the required quantity on
the same terms as he has supplied the same kind of car-
tridges for the use of the regular service of the United States.
Mr. CAVE JOHNSON asked and obtained leave
to introduce a joint resolution to repeal a part of the
joint resolution of the 11th of September, 1841, rel-
ative to armories, arsenals, ana forts, &c.; which
' was twice read, and lies over.
Mr. DUNCAN gave notice that on to-morrow
he would move for leave to introduce a resolution to
repeal the 34th rule of the House, usually known
as the hour rule.
Mr. BRINKERHOFF offered the following,
which was agreed to:
Resolved, That the Committee on Commerce be instructed
to inquire into the expediency of reporting a bill making an
appropriation of $5,000 for the completi on of the work for
the preservation of the harbor at Sandusky city, as recom-
mended by the bureau of topographical engineers.
On motion of Mr. SCHENCK,
Rtsolved, That the Committee of Ways and Means be in-
structed to inquire and report whether some amendment is
not necessary in the iaw regulating the compensation of
Custom-house gaugers. for ascertaining, by estimate or
otherwise, the weight of molasses imported into the United
States, which pays a specific duty per pound.
Mr. McILVANE, from the Committee on the
Expenditures in the War Department, reported the
Resolved, That the Secretary of War be requested to com-
sishicate to this House the circumstances under which
payment was made for certain slaves which emigrated
West-with the Indians, according to the abstracts of dis-
bursements made by Lt. Capers, Indian agent,
fisr the year ending Septemhei 30,1S43, and communicated
to this House by the 2d Auditor of the Treasury, April 20,
and also the authority for such payment.
Mr. BURKE, from the Committee on the Libra-
ry, reported, with amendments, the bill providing
for the purchase of certain copies of the history of
Oregon and California, and the other territories on
the northwest coast of America.
Mr. DAWSON gave notice of a motion for
leave to introduce a bill making Baton Rouge, in
Louisiana, the permanent location for the office of
the surveyor general of said State, and for other
purposes; also, to introduce a bill to authorize a
survey of the mouth of the Red river, and for other
Mr. I. E. MORSE gave notice of a motion for
leave to introduce a bill to aid the courts of the
several States and Territories in procuring and
taking testimony in certain cases.
Mr. SLIDELL offered the following; which was
Resolved, That the Committee on Commerce be directed
to inquire into the expediency of malting an appiopnation
for the erection of a custom-house at N'<w Orleans.
DUTIf ON SALT.
- Mr. JOHN W. DAVIS offered the following
resolution; on which he demanded the previous
R£solved, That the Committee of Ways and Means be in-
structed to report a bill to repeal the dt ty on salt.
Mr. ANDREW STEWART moved to lay the
resolution on the table.
The SPEAKER remarked to the gentleman that
there was already a bill on the calendar for the same
Mr. DAVIS said he preferred to have an expres-
sion of the sense of the House on this resolution.
Mr. EDWARD J. BLACK desired to move an
amendment, if it was in order.
The SPEAKER said an amendment was not in
order, the previous question having been moved.
The yeas and nays were called for on the motion
to lay on the table, and the question being taken by
tellers, the House refused to order the yeas and
nays—ayes 24, noes 98, (not a fifth of the members
voting for the yeas and nays—the number' required
by the constitution to order them.)
The question was then taken by tellers, and deci-
ded in the affirmative—ayes 71, noes 58.
So the resolution was laid on the table.
Mr. PETTIT offered the following resolution;
which was agreed to:
Resolved, That the Committee on Public Lands be directed
to inquire into the expediency of extending the provisions
of the pre-emption law to the lands known as "the great
Miami reservation" in Indiana.
Mr. JOSEPH A. WRIGHT introduced a bill
for the relief of Elizabeth Fitch ; which was twice
read, arid referred to the Committee on Revolution-
Mr. THOMAS SMITH moved the following
resolution; which was laid on the table one day, urv-
der the rule:
Resolved, That the Clerk report to this House the amount
paid each year for books since the commencement of the
system of furnishing them to members; the amount it will
cost to fill the order adopted at the last session; the number
of members of Congress that are now receiving and who
have received the same before, of the "public archives''
printed by an order of this House; and what will be the
probable number of volumes that will yet be printed of that
work, and what it will cost per volume.
On motion of Mr. SAMPLE,
Resolved, That the Committee on Public Lands inquire
into the expediency of providing for the drainage or the
wet lands in the land districts of Fort "Wayne and Winamac
land offices, in the State of Louisiana.
WABASH AND ERIE CANAL.
Mr. OWEN, pursuant to notice, asked and ob-
tained leave to introduce a bill to grant certain lands
in the State of Indiana, the better to enable the said
State to extend and complete the Wabash and Erie
canal from Terre Haute to the Ohio river; which
was read twice, and, on Mr. O.'s motion, referred
to the Committee on Public Lands.
Mr. HENLEY offered the following resolution:
Resolved, That a select committee be appointed to inquire
fnto the expediency of so amending the 48th rule oi the
House of Representatives as that a motion for adjournment
shall otbe in order previous to 4 o'clock each day; and
that no adjournment shall take place prior to that time, un-
less by a vote of two^thirda.
Mr. HOLMES, and many others, objected; and
Mr. H. proposing to debate the resolution, it was
On motion, it was
KeseJueci, That when the House adjourn it adjourn to
meet on Thursday next.
EXHIBITION OF FOREIGN FLAGS AND AMER-
In pursuance of previous notice} Mr. HAM-
MET T asked leave to introduce a joint resolution,
making a disposition of foreign flags which have
been taken in battle, and of such flags of the United
States as have been used in memorable battles, as fol-
Be it enacted by the Senate and Housc.of Representatives of
the United States of Jlmerica in Congress assembled, That
all the foreign tlags in possession of the United States that
have been taken in battle, and such American flags now in
possession of government as have been used in memorable
battles, shall be placed in the Rotundo of the Capitol in such
conspicuous manner as the Joint Committee on the Library
of Congress may direct.
Mr. H. said he hoped the resolution would be
now passed, as he thought no member could object
After some conversation, it was referred to the
Committee on Public Buildings and Grounds.
Mr. THOMPSON, on leave, introduced a bill to
legalize the sales of public lands made at the Choc-
chuma and Columbus land districts, Mississippi;
which heing read the first and second time—
Mr. T. moved that it be put on its passage. This
bill, he observed, had passed both Houses of Con-
gress at the last session, and received the signatures
of the presiding officers of both Houses; but, fail-
ing to receive the signature of the President for
want of time, it did not become a law. As it was
entirely unexceptionable, he hoped there would be
no objection to passing it at once.
Some objections beinjkmade-
The SPEAKER intimated 1
that it was necessary,
under the rules, to refer this bill to the Committee
of the Whole.
After some conversation-
Mr. THOMPSON acquiesced in the reference of
the bill to the Committee of the Whole on the state
of the Union; and it was accordingly so referred.
ANNEXATION OF TEXAS.
Mr. DOUGLASS, in pursuance of notice given,
obtained leave, and introduced a joint resolution for
the annexation of Texas to the United States* in
conformity with the treaty of 1803 for the purchase
The resolution, which is in the following worda,
was read the first and second time, and, on motion
of Mr. D., referred to the Committee of the Whola
on the state of the Union:
Joint resolutions for the reannexation of Texas to the Uni-
ted States, in conformity with the treaty of eighteen hun-
dred and three, ior the purchase of Louisiana.
Whereas, by the provisions of the treaty ofeighteen hun-
dred and three, between the United States and France-, com*
monly called the Louisiana treaty, all that country .knewa
as Texas was ceded and conveyed to the United States; and
whereas it was stipulated in the said treaty that the inhabi-
tants of the ceded territory should be incorporated into- the
union of the United States, and admitted as soon as possible,
according to the principles o£ the federal constitution, to the
enjoyment of ail the rights, advantages, and immunities pf
citizens of the United States, and in the mean time should
be protected in the free enjoyment of their liberty, proper-
ty, and the religion which they professed; and whereas-the
present inhabitants of Texas, being the rightful owners
thereof, have signified their willingness and desire to be r$-
annexed to the United States and incorporated into the
Union, according to the principles of the federal constitu-
tion and the stipulations of the. said treaty: therefore— [
Be it resolved by the Senate and House of Representative* of
the United States of Jlmerica in Congress assembled, That,
from and afteV the passing of these resolutions, and the con-
currence of the supreme authorities of Texas therein, the *
country known as Texas be, and the same is hereby,
reannexed to and made a portion of the territory of the United
States; and the inhabitants of the said territory of TextU
shall be incorporated into the union of the United States,
and admitted as soon as possible, according to the principles
of the federal constitution, to the enjoyment of all the
rights, advantages, and immunities of citizens of the
United States; and in the mean time they shall be protected
in the free enjoyment of their liberty, property, and the re-
ligion which they profess.
2. And jAe it further resolved, That the country hereby
r«annexed shall be known as the Territory of Texas; and
until further provision shall be made, the existing laws of
Texas, not inconsistent with these resolutions, shall remain
in force; and all executive and judicial officers of Texas
shall retain their offices, subject to the authority of the Uni-
ted States, with all- the power and authority appertaining
thereto, not inconsistent with, and necessary to carry into
execution the objects and purposes of these resolutions; atfd
the courts of justice shall remain as at present established
3. And be il further resolved, That all titles to real estate,
valid under the existing laws of Texas, shall be deemed and
held valid by the United States.
4. And be it further resolved, That the public lands in the
said Territory of Texas, be, and the same are hereby,
pledged for the payment of the debts for which the faith of
Texas stands pledged, supposed not to exceed ten million#
of dollars; and in addition to the public lands hereby
pledged, all the net revenue derived from customs and du-
ties imposed on the importation of foreign merchandise, and
collected within *he limits of the said Territory of Texas,
after deducting a sum sufficient to defray the expenses in-
curred by the United States for the support of the said Terri-
tory of Texas, shall be applied to the payment of the said
debts of Texas, until the same shall be extinguished; and af-
ter the extinguishment of said debts, the residue of the pro-
ceeds of the sales of said lands, and the said customs and
duties, shall go into thp treasury of the United States.
And be u fu< th*r re^ulved. That the amount and validity
of said debts ^hail be ascertained. and the said lands dis-
posed of, and the proceeds tneri*of. and the said duties and
customs applied to their payment in such manner as the
Congress of the United States shall direct.
6. iiv.d hp H further resoLvtd, That the territory and prop-
erty hereby annexed and ceded to the United States, shall
be construed to embrace all public lots and squares, vacant
land* mines, minerals, salt lakes and springs, public edifices,
fortifications, barracks, ports, and harbors; navy and navy-
yardi; docks, magazines, arms, armaments, and accoutre-
ments; archives and public documents; public funds, debts,
taxes, and dues, unpaid at the time of*annexatiou.
7. And be it further resolved, That it shall be the duty-of
the Congress of the United States, ih disposing of the public
lands, to appropriate the sixteenth, section of every town-
ship to the purposes of education; and when thesame can-
not be so applied in consequence of previous grants, or
other C8uses, equal provision shall be made by grant of
land elsewhere in the said territory.
8. And be it further resolved, That nothing herein con-
tained shall be construed to aSect or in any way interfere
with the sixth section of-the act approved the sixth of
March, eighteen hundred and twenty, admitting the State
of Missouri into the Union, and commonly called the' Mis-
souri compromise, that act having passed and approve^
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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/m1/81/: accessed October 19, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.