The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 76
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Mr. HUNTINGTON then moved to postpone
the farther consideration of the bill to Monday
Mr. CHOATE asked the senator to modify his
motion by substituting Tuesday for Monday.
' ^r- HUNTINGTON assenting, the bill was
postponed to Tuesday.
^ Mr. CHOATE and Mr. TAPPAN respectively
handed to the Chair amendments to the bill which
they intend to offer on Tuesday next; and at their
request these amendments were ordered to bs
On motion of Mr. HUNTINGTON, the Senate
then proceeded to the consideration of executive
business, and shortly after adjourned till Thursday
HOUSE OF REPRESENTATIVES.
Toesdat, December 31,1844.
The journal of yesterday was read and approved.
ANNEXATION OF TEXAS.
Mr. TIBBATS rose and said he desired to obtain
leave to introduce a bill and joint resolution in rela-
tion to the annexation of Texas.
Mr. BARNARD objected, notice not having been
. Mr. TiBBATTS then gave notice of his inten-
tion hereafter to ask leave to introduce a bill to au-
thorize the people of Texas to form a constitution
and State government, and for the admission of
such State into the. Union upo an equal footing
with the original States; and a joint resolution
pledging to the citizens of Texas the protection of
Ihis nation until the question of reannexation shall
be definitively settled.
The following is a copy of the bill, and also the
joint resolution, referred to:
Whereas, by the third article of the treaty between these
United States and France for the purchase of Louisiana,
concluded at Paris in the year of our Lord one thousand
eight hundred and three, it is stipulated and declared that
"thejnhabitants of the ceded territory shall be incorporated
in. the United States, and admitted, as soon as possible, ac-
cording 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 meantime, they
shall be maintained and protected in the free enjoyment of
their liberty , property, and the religion which they pro-
fess:" And whereas the then territory of Texas was a part
of the said territory of Louisiana, ceded by France to the
United States by the treaty aforesaid: And whereas the
said territory ol Texas was ceded by the United States to
Spain by the treaty of Florida of the 22d February, 1819:
And whtreas the citizens of said territory have declared,
vindicated, and established their independence as a nation,
and erected for themselves an independent republic; and, as
it is represented, are desirous of having-said territory re-
annexed to these United States, and the citizens of said re-
public restored to the rights, privileges, and immunities
£uarantied by the said third article of the said treaty of
ouisiana: And whereas a faithful adherence to the stipu-
lations of treaties is the glory of a nation, and should be
preserved inviolate; and good faith to France, and justice to
the citizens of Texas, require that it shall be done:
Be it enacted, , That the citizens of the entire Territo-
ry of the said republic of Texas, within the limits of Louis-
iana, as originally purchased by the United States of France,
or otherwise acquired, be, and they are hereby authorized
to form for themselves a constitution and State government,
which shall be republican and not inconsistent with the
constitution of the United States, and to assume such name
as they shall deem proper, and the said State, when formed,
shall be admitted into the Union upon an equal footing with
the original States in every respect whatsoever; and the
said constitution may be formed by the citizens of Texas by
a legislative act, or any other authentic act which shall
show the will of the majority to express their assent to the
Sec. 2. Be it further, tyc. That in all that portion of the
territory which lies north of thirty-six degrees and thirty
minutes north latitude, slavery and involuntary servitude,
(otherwise than in the punishment of crimes, whereof the
parties shall have been duly convicted,) shall be, and is
hereby, forever prohibited; provided,, that any pt?r«on es-
caping into the same, from whom labor or service i«? law-
fully claimed in any State or Territory of the United States,
such fugitive may be lawfully reclaimed and conveyed to
the person claiming his or her labor or service aforesaid.
Sec. 3. Be it further, #c. That in case a constitution
6nd State government shall be formed for the people of
Texas, the legislature, or other authority forming the same,
or the representatives therein, as soon thereafter as may
be, shall cause a true and attested copy of such constitution,
or frame of State government, as shall be formed or pro-
vided. to be transmitted to Congress.
Sec. 4. Be it further, $-c. That until the next general
census be taken, the said State shall be entitled to one rep-
resentative in the House of Representatives of the United
Sec. 6. Beit further, $c. That all persons who shall be
citizen# of the republic of Texas, according to the consti-
tution atfd lawsw that republic at the time of the adoption
of their State constitution, shall be, and they are hereby,
declai'ed to be citizens of the United States, and all persons
who, by said constitution and laws, would have become cit-
izens of said republic on arriving to the age of twenty-one
years, shall be, and they are hereby, declared to be citi-
zens of the United 8taU* upon their arriving to snph age
Sec. 6. Be it further, fyc , That the following propositions
be, and they are hereby, offered to the legislature or other
authority which shall be designated on the part of the citi-
zens of Texas to form such State constitution for their fiee
acceptance or rejection; which, if accepted, shall be obliga-
tory upon the United States.
, Fit st. The said State shall cede to the United States all
that part of the territory now belonging to said repub-
lic outside of a boundary to be fixed by the legislature, or
other authority which shall be designated on the part of the
citizens of Texas to form their State constitution, which
shall include an extent not exceeding the largest State in
the Union; all the public lands and public property thereof,
of every description whatever, including all public lots and
squares, vacant lands, mines, minerals, salt lakes and
springs, public edifices, fortifications, barracks, ports and
harbors, navy and navy-yards, docks, magazines, arms, ar-
maments, and accoutrements, archives and public docu-
ments, public funds, debts, taxes, and dues unpaid in such
territory, which shall be called the Southwest Territory,
the inhabitants of which shall be reincorporated in the Uni-
ted States upon the same principles and guaxanties as were
stipulated and declared by the said third article of the said
treaty with France, concluded at Paris in the year of our
Lord one thousand eight hundred and three; and the said
territory shall be held by the United States as one of their
territories in full property and sovereignty, subject to the
same constitutional provisions with their other territories.
And the said State shall further cede to the United States all
the public lands and public property of the description
aforesaid withinside of the boundary aforesaid, to be fixed
as aforesaid, to be held by the United States in full property
in fee simple, subject, however, to the sovereignty of said
State; the public lands ceded, both within and without
said boundary, to be subject to the laws of the United
States regulating the public lands in the territories
of the United States; subject, however, to such
changes as Congress may, ,from time to time, think
proper to make. All titles to real estate which are held valid
under the laws of Texas, shall be held valid by the United
States, and measures shall be adopted by the United States
for the speedy adjudication of all unsettled claims for land
and patent granted to those found to be valid; and as, in
consequence of the mode m which lands have been survey-
ed in Texas, or from previous grants or locations, the six-
teenth portion cannot be applied for the purpose of educa-
tion, Congress shall make equal provision by grant of.land
Second. The United States to assume and agree to pay the
sum of three hundred and fifty thousand dollars ol the pub-
lic debt of Texas at the treasury of the United States
within ninety days after official notices shall have
been received of the acceptance and ratification of
these articles, as follows: Two hundred and fifty
thousand dollars to Frederick Dawson, of Baltimore, or
his executors, or administrators, on the delivery of that
amount of ten per cent, bonds of Texas; and one hundred
thousand dollars in the redemption of exchequer bills which
may be in circulation at the time of the acceptance and rati-
fication of these articles. And for the payment of all the resi-
due of the public debt and liabilities of Texas, however
created, for which the faith or credit of her government may
be bound at the time of the acceptance and ratification of
these articles, and not exceeding the sum of ten millions of
dollars, the United States pledge and will hold in pledge the
net proceeds of the public lands and public property ceded
by these articles, after deducting the abovenamed sum of
three hundred and fifty thousand dollars, and the expenses
which may be incurred by the United States for the support
©f the Territory aforesaid; and immediate measures shall be
adopted by the United States to ascertain the amount of
said debts and liabilities of Texas, and certificates shall be
issued to the claimant"? therefor, which shall distinguish the
principal debt from the interest, and bear an interest of
three per cent, per annum from the respective dates thereof,
and shall be receivable at par in payment for the purchase
ofthe public lands and public property aforesaid, and of any
of the public lands of the United States; but in case the said
debts and liabilities shall, including the said sum of three
hundred and fifty thousand dollars, exceed the aforesaid
sum of ten million of dollars, then, before issuing certifi-
cates therefor to the claimants, there shall be made on each
claim such proportionable and rateable deduction astoie-
duce the aggregate to the sum of ten million of dollars
Third Until further provision be made, the laws of Tex-
as existing at the time of the ratification and acceptance of
tkese articles, shall remain in force; and all executive and
judicial officers in said Southwest Territory to be ceded as
aforesaid shall retain their offices, with all power and au-
thority appertaining thereto, and the courts, of justice shall
remain in all respects as now established and organi7ed.
Fourth. Immediately after official notice of the ratifica-
tion and acceptance of these articles, the President of the
United States, by and with the advice and consent ofthe
Senate, if in session, shall appoint a commissioner, who
shall proceed to Texas, and receive the transfer of the ter-
ritory thereof, and all the archives and public property of
the ?aid state above designated, in the name of the United
States; and the said commissioner shall exercise all execu-
tive authority in said Southwest Territory to be ceded as
aforesaid, necessary to the proper execution ofthe laws un-
til otherwise provided. And if the Senate be not in session
when such official notice shall be received, the commission
of said commissioner shall expire with the termination of
the next session of that body, unless his nomination shall
have been, on nomination, ratified and confirmed.
Fifth That if any difficulty shall exist, or controversy
arise, with any otherpower in relation to the boundaries of
Texas, the proper authorities of the United states will open
negotiations a? soon as practicable for the amicable ad-
justment of the same.
Whereas propositions and negotiations are depending be-
tween the United States and the republic of Texas, relative
to, and having for their object, the reannexation of Texas to
the United States.
Resolved, That the people of the United States owe it to
their own honor, and to the people of Texas to protect them
from all foreign aggression or invasion by any other power,
duriug the pendency of such propositions aua negotiations,
5, Hisalv(d, TJifet this nation wijl protect the people of
Texas from all foreign aggression and invasion, uutileuch.
time as the question of reannexation shall be definitively
settled; and that the President of the United States.is au-
thorized, until such definitive settlement of said question, to
secure to the citizens of Texas all needful and practicable
protection in their persons, business, and property, by sea
and by land.
Mr. BELSER also gave notice of his intention to
ask leave to introduce a joint resolution for the an-
nexation of Texas.
Mr. BOWLIN, pursuant to notice, asked and ob-
tained leave to introduce a bill to amend an act en-
titled an Act'to regulate trade and intercourse with
the Indian tribes, and preserve peace on the fron-
tiers, approved 30th June, 1834; and it was read
twice, and referred to the Committee on the Judicia-
ry, and the bill was ordered to be printed.
Mr. HOUSTON submitted a resolution to fix 3
o'clock this day for the termination of debate in
Committee of the Whole on the state of the Union
on the bill to reduce and graduate the price of the
public lands in favor of cultivators and settlers.
Tellers were called for, and Messrs. Jenks and
Burke were appointed; and they reported 49 in the
affirmative arid 74 in the negative.
The resolution was, in consequence, rejected.
REPORTS FROM COMMITTEES.
Mr. VANCE moved that the rules be suspended,
for the purpose of calling the committees for reports;
which was agreed to.
Mr. VANCE, from the Committee of Claims
reported the following bills; and they were read
twice, and referred to the Committee of the Whole
House, and the reports and bills were ordered to be
A bill for the relief of Philip Swartzhawber.
A bill for the relief of Daniel Homans.
A bill for the relief of William Rich.
He also reported back the following Senate bills;
and they were referred to "the Committee of the
Whole House, and were ordered to be printed:
An act for the relief of James Ritchie.
An act for the relief of Gideon Baclielder and
An act for the relief of J. McFarlane.
Mr. PRESTON KING, from the Committee on
Commerce, asked to be discharged from the memo-
rial of Robert T. Norris, and that it be referred to
the Committee of Claims; which was agreed to.
Mr. J. W. DAVIS, from the Committee on Pub-
lic Lands, reported the following bills; "which w .re
read twice, and committed to the Committee of the
Whole House, and were ordered to be printed:
A bill to confirm certain private entries of land in
the northwestern land district, in the State of Mis-
A bill to grant certain lands to the State of In-
diana, the better to enable the State to extend and
complete the Wabash and Erie canal from Terre
Haute to the Ohio river.
On the motion of Mr. DAVIS, the same_commit-
tee was discharged from the further consideration
of the petition of citizens of the State of Pennsyl-
vania for an amendment of the constitution, so as
to appropriate the public lands for the abolition of
slavery; and it was laid on the table.
Mr. HOPKINS, from the Committee on the Post
Office and Post Roads, reported "A bill for the relief
of the Bank of the Metropolis;'' which was read a
first and second time, committed to the Committee
of the Whole House, and ordered to be printed.
Mr. PHCENIX, from the Committee on Com-
merce, reported a bill to provide for continuing the
improvement of the navigation of the Hudson river;
a d it was read the first and second time, and com-
mitted to the Committee of the Whole on the state
of the Union.
Mr. DANA, from the Committee on the Post
Office and Post Roads, reported, with amendments,
a bill which had been recommitted to that committee,
entitled A bill to establish certain post routes; and it
was committed to the Committee of the Whole on
the state of the Union.
Mr. STETSON, from the Committee for the Dis-
trictof Columbia, reported, with amendments, several
bills, which had been referred to that committee; and
they were committed to the Committee of the
Whice on the state of the Union, and ordered to be
Mr. HARALSON, from the Committee on Mili-
tary Affairs, to whom was referred the annual re-
port of the Secretary of War, reported upon so
"fliuch thereof as relates to the establishment of na-
tional foundries; favorable to the establishment of
two foundries, one in Pennsylvania, in or near the
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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/m1/92/: accessed September 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.