The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 97
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PUBLISHED BY BLAIR AND RIVES, AT ONE DOLLAR PER SESSION, IN ADVANCE.
28th Cong 2d Sess.
MONDAY,' JANUARY 6, 1845.
Volume 14....No. 6'.
[ Continued from No. 5.]
Mr. C. JOHNSON asked what was the regular
order of business.
The SPEAKER said that the business first in
order was the motion of the gentleman from New
Hampshire [Mr. Burke] to print 5,000 extra, copies,
of the report of the select committee on the memorial
of the meniuers "of the Rhode Island legislature.
Mr. C. JOHNSON hoped it would be the pleas-
ure of the House to commence the new year by
paying a strict attention to the rules, and progress-
ing with business in its regular order. In this way
a greater amount of business could be done, and
each subject would be reached in a proper time.
He should insist henceforth on reserving the regular
order of busncss.
Mr. TIBBATTS moved a suspension of the rules
to enable him to introduce his bill and resolution;
but the motion was rejected.
Mr. DUNCANasded leave to introduce a resolu-
tion to repeal the hour rule; but the Chair ruled the
motion to be out of order.
ANNEXATION OF TEXAS.
Mr. BELSER gave notice of his intention
hereafter to ask leave to introduce a series of joint
resolutions for the annexation of Texas to the
United States, in the following form:
Preamble and joint resolutions for the annexation of the ! e
public of Texas, to the United States oj Amcviui.
In view of the present peculiar situation of the republic of
Texas, and the influence whirvh vhe is destined, fiom her
immediate location upon our western borders, and her inti-
mate connection with the temrory, population, and re-
sources of the United States, to have upon our national se-
curity, tranquillity , and commerce, wo, the supreme legis-
Jutive authority ot the American Union, in order to secure
the blessings of peace and prosperity to oursehes, and safe-
ty, good government, and liberty to the inhabitants of
fexas, do heieby adopt the following resolutions, annexing
the said republic to the United States.
Resolved by the Senate and House (f Representatives of the
United State&of America in Congress n^cmhled. That, with
the consent of the authorities ol Texas, so much oi'thetei-
ritory as rightfully belongs to the saidrepublic.be, and the
same is hereby, annexed to the United States, end made one
of the territories of the same, under the name oi "the Ter-
ritory of Texas."
2. And he it further resolved, That, as soon as jurisdiction
over the territory of Texas shall be obtained by the United
States, as herein provided, the President ol the United States
is hereby authorized and directed to take immediate posses-
sion oi the same, and until other pi ovi&ion be made by Con-
gress to establish thnrem a temporary government upon the
principles regulating other temlones of the United States,
so far as the same may be applicable, and the military, civil,
and judicial powers are hciuby vested insueh authorities as
he may establish in pursuance ol this resolution for the pro-
tection and maintenance ot the inhabitants ol the said ter-
ritory in the full enjoyment of their liberty, pioperty, and
3. And he it further resolved, That these resolutions are
hereby declared to be the fundamental law of annexation be-
tween the United States and Texas, so soon as they shall be
concurred in by both governments; and that if any dispute
shall therealter arise w ith anv foreign power respecting any
boundary of Texas, the President ol the United States is
heieby authorised to open all necessai j negotiations for the
settlement of the same upon just and honorable terms, sub-
ject to the ratification of this government.
v 4. .2nd be it further resob-ed, That if, during the pendency
of these propositions, any attempt shell be made by any for-
eign power to occupy by military lorce, or to invade any
part of the said republic of Texas, or to harass or destroy
her commerce, the President of the United States i? hereby
authorized and directed to aft'otd protection to the same;
and for that end may employ such paits of the military and
naval power of the United States as may be necessary.
5 And be if further itsolied, That a* soon as these resolu-
tions shall lvwe passed the Congress of the United States,
and been approved by the President, he shall forthwith
transmit a copy of the same to the government of the iepub-
lie of Texas for its concunence.
RHODE ISLAND MEMORIAL.
The CHAIR announced, as the regular order of
business, the resolution of .the gentleman from New
Hampshire [Mr. Burke:] to print 5,000 extra copies
of the report of the select committee on the memo-
rial of the members of the Rhode Island legisla-
Mr. BURKE modified his resolution by inserting
10,000 eopies of 5,000, and also inserting a provi-
sion for printing the minority report. Mr. B. then
called for the previous question.
Mr. C. JOHNSON hoped his friend from New
Hampshire would not substitute 10,000 copies for
5,000. If so, he would vote against it.
Mr. BURT moved to lay the motion to print on
Mr. BURKE called lor the yeas and nays; which
being ordered, resulted in yeas -78, nays 100, as
YEAS—Messrs. AJbhot. Adams, Arlington, Ashe, Baker,
Barringcr, James A. Black, Biengle, Buiiington, Burt, Car-
iqII, Clinch, Clingman, Coles, Collaimjr, Cranston, Cross,
Danagh, Ganett Davis, Richard I>. Davis, Deberry, Pellet,
Dickey, Elmer, Fish, Floience, Foot,. Giddings, Goggin,
"Willis Green, Gunnel!, Edward S. Hamlm, HataUon, Itur-
din, Harper, Hudson, Joseph II. Ingeisoll, Jenks, Cave
Johnson, Ferlev B. Johnson. John P. Kennedy, Daniel P.
King, Mcllvame, Mdiuh, Edward Joy Moms, Fiteman II.
Morse, Mo^eley, Newton, Paterson, Pe\ton, Phoenix, Pol-
lock, Elisha 11 Potter, Pratt, Preston, ftamse\, Rayner,
Charles M. Reed, Rockwell. Rogers, Sample, Schenck,
Senter, Severance, Simpson, Albert Smith, Caleb B. Smith.
Stephens, Summers, Thomasson. Tilden, Tyler, Vance,
Vanmeter, Wethered, John White, Winthrop, and Wood-
XAVS—Messrs. Anderson, Atkinson, Benton, Bidlack,
Jymes Black, Blackwell, Bower, Bowlin, Boyd, Brod-
head, Aaron V. Browji, Burke, Carpenter, Shepherd Cary,
Catlin, Reuben Chapman, Augustus A. Chapman, Chap-
pell. Clinton, Cobb, Cullom, Plana, Daniel. John W. Davirf,
Dawson, Dean, Dillingham, Douglass, Dromgoole, Dun-
can, Dunlap, Ellis, Farlee, ticklin,- Foster, French,
Fuller, Byiam Green, Hale, Hannibal Hamlin, Ilanimutt,
Hays, Henley. Herrick, Hopkins, Houston, Hubard,
Hungeiford, J. B. Hunt, C.J. Ingeisoll, Jameson, George W.
Jones, Andrew Kennedy, Preston King, Labrynche, Leon-
ard, Lucas, Lumpkin, Lyon, McCauslen, Mct'lernand,
McConnell, .McDowell, Joseph jVlorris, Isaac F-. Morse,
Norris, Owen. Parmenter, Payne, Emery D Potter, Puid),
Rathbun, David S. Reid, Reding, Relle, Roberts, Robin-
son, Russell, St John, Thomas H. Sejmour, Simon'!,
Thomas Smith, Robert Smith, Steenrod, Stetson. John
Stewart, Allred P.Stone, Strong, Sykes, Taylor, Thomp-
son, Tibbatts, Tucker, Wellcr, Wontworth, Wheaton,
Benjamin Whie, Williams, Joseph A. Wright and Yost
So the motion was not laid on the table.
After a few words between Mr. C. JOHNSON,
Mr. BURKE, and the SPEAKER—
The vote was taken on seconding the demand
for the previous question; and 64 voted in the affir-
Mr. BURKE called for tellers'; and Messrs. Grin-
nell and Haralson were appointed; and they re-
ported 69 in the affirmative, and 77 in the negative.
So there was not a second.
Mr. BURKE then modified his proposition, so as
to make it a resolution to print 5,00(1 copies; on
which he moved the previous question; and on this,
After a few words from Mr. ELMER and Mr.
The vote was taken by Messrs. Burke and Brent*
gle, as tellers; and they reported 76 in the affirma-
tive, and 68 m the negative.
So there was a second to the previous question.
The main question was next ordered to be put.
Some conversation ensued between Messrs. WIN-
THROP, SAMPLE, BURKE, the SPEAKER,
and others, as to the matter which the resolution
would cover; and it was explained to be the majori-
ty and minority reports, together with the accom-
The yeas and nays were demanded and ordered
on the adoption of the resolution, and resulted:
yeas 100, nays 80, as follows:
YEAS—Messrs. Anderson, Atkinson, Benton, Bidlack,
James Black, Blackwell, Bower, Bowlin, Bojd, Brodhe^d,
Aaion V. Brown. William J. Brown, Butke, Caldwell,
( jn-penter, Jeremiah E Cary, Shepherd Cary, Catlin, Chap-
pell, Clinton, Cullom, Dana, Daniel, John W. Davis, Daw-
son, Dean, Dillingham, Douglass, Diomgoole, Dunlap,
Elli3, Farlee, Fickim, Foster, French, Fuller, B. Green,
Hale. Hannibal Hamlin, Henley. Herrick, Hopkins, Houston,
Hubard, Hungerford, James B. Hunt, Charles J. Inger&oll,
Jameson, Cave Johnson, Andrew Johnson, Geoige W.
Jones, Andrew Kennedy.Pveston King, Labranche, Leonard,
Lucas, Lumpkin, Lyon, McCauslen, McClerndnd, McDow-
ell, Mathews, Joseph Morns, Isaac E. Morse. Morris, Owen
Pdimentei, Payne, Petti!, Kineiy D, Potter, f'uidy, Rath-
bun, David S Reid, Reding, Relfe. Robeits, Robinson,
Ru&^ell, St. John, Thomas H "eymoui, David L Seymour,
Simons, 1 homas Smith, Robert Smith, Steemod, Stetson,
John Stcwait. Alfred P. Stone, Strong, Sykes, Taj lor,
Thompson, Tibbatts, Tucker, Welier, Wentworth, Wheat-
on, Benjamin White, Williams, Joseph A. Wiight, and
NAYS.—Messrs Abbott, .4dams, Arrington, Baker, Bar-
ringer, Belser, Edward J. Black, Brengle, Milton Brown,
Burlington,Burt, Campbell, Carroll, Clinch, Clingman, Coles,
Collainer, Cranston, Cross, Dariagh, Garrett Davis, Richard
D. Davis, Deberry, Dellet, Dickey, Fish, Florence, Foot,
Giddings, Goggin, Willis Green Grinnell, Edward S. Ham-
lin, Haralson, Hardin, Harper, Holmes, Hudson, Joseph R.
Jngersoll, Jenks, Perley B. Johnson, John P. Kennedy,
Daniel P. King, McConnell, Mcllvaine, Marsh, Edward J.
Morris, Freeman H. Morse, Moseley, Newton, Paterson,
Peyton, Phtenix, Pollock, Elisha R. Potter, Pratt, Preston,
Ramsey. Ravner, Charles M, Jteed, Rockwell, Rogers.
Sample, Schenck, Senter, Severance, Simpson, Albert Smith,
CaicbJJ. Smith, Stephens,. Summers.!,Thomasson, Tilden,
Tyler, Vance, Vanmeter, Wethered, John V, hite, Win-
ttirop, and Woodward—SO.
So the resolution was agreed to.
Mr. HARDIN, from the Post Office Committee,
rose, aiid said he wished to call up the post-office
bil', and would therefore move——
The SPEAKER observed that the question now
pending way upon ygreeing to the resolutions re-
ported by the committee.
[Notk.—These resolutions were reported by Mr.
Burkk, chairman of the select committee on this
subject, at the last session of Congress; and, on his
motion, at that time, their further consideration was
postponed until the first Monday 111 December, ult.
They have not been reached for action at the pres-
Mr. ELMER called for the reading of the reso-
lutions; which were read.
Mr. ELMER remarked that he had had no expect-
ation that the important question involved in the res-
olutions was to come before the House in this unex-
pected manner; and he was not prepared to discuss
them as he would wish to. But he could not con-
sent, as a member of this body, that they*should
pass to a vote in this House without expressing his
opinion upon them. He thought, when principles
were presented for adoption by the House, (as in
the piesent case) which struck at the foundation of
government, that they should weigh them word by
word, and letter by letter, before they adopted them.
In his opinion, no proposition had been made to this
House since he hud had the honor of a seat in this
body—none could be at any time presented—more
important than those now presented through this
In regard to many of the resolutions he had no
objection. They announced simple acknowledged
principles. But when they considered them alto*
gether, and applied them to the particular case to
which they-were applied by the committee, Mr. E.
apprehended that they taught most erroneous doc-
trines—doctrines .which might be considered by the
committee true democratic principles*; but which, he
ventured to say, with all respect to them, werejacob-
inicui doctrines. They were not democratic doc-
trines. What were the principles announced here?
Why, not only that the people were sovereign, (which
they all acknowledged) but that they had the right
to form their own government in their own manner;
but further, that upon principles recognised by the
constitution itself, persons calling themselves "the
people," may put forward and adopt which they are
pleased to consider amendments to the existing gov-
ernment of the State; and that contrary to the will
of the existing government of that State. The mere
fact that these persons are thus forming a new gov-
ernment, provided it shall appear to be probable that
the constitution has been adopted by a majority of
the people of the State
Mr. BURKE interposed, and asked lea- e to cor-
rect the gentleman on a point of fact. He was un-
derstood to say, that instead of its being probable,
as the gentleman had represented, it had been proved
to be a positive fact, that the constitution had been
adopted by a large majority of the inhabitants of
Rhode Island, not only of the non-freeholders but of
Mr. ELMER resumed. He was aware that the
committee had put forth that statement; but he ask-
ed how there couid be, in any case, more than a
probability of the fact that a majority of the people
had adopted a constitution, as it was to be ascertain-
ed m no authentic form? This was the difficulty—
that there was no mode pointed out by ^ny law,
constitution, or authority known to our laws, by
which the fact was to be ascertained, whether a ma-
jority of the people had adopted a constitution or
not. Then, I say, it can be at most but a proba-
bility, and a probability which eveiy individual cit-
izen is asked to determine for himself; and having
determined it, it was to be considered as a constitu-
tion adopted by the people.
Now Mr. E. could never sanction such principles.
He agreed that the people were supreme; that they
had the right to form their own governments; and
he agreed farther that, in extreme cases, the people
had the right to form new constitutions contrary to
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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/m1/97/: accessed January 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.