The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 23
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proceeded to the election of a Chaplain. A ballot
was taken; the following was the result:
The Rev. Mr. Tuston - - - 37
The Rev. Mr. Bulfinch - - - 3
The Rev. Mr. Woodman - - - 1
Mr. Tuston was declared to be duly elected chap-
lain to the Senate.
On motion by Mr. SEVIER, it was ordered that
the petition and papers of Benjamin Murphy be
taken from the files of the Senate, and referred to the
Committee on Indian Affairs.
Mr. JARNAGIN submitted the following reso-
lution; which, under the rule, lies one day on the
Resolcti, That the Secretary of War be directed to com-
municate to the Senate, ltli as little delay as possible, an-
s,\vers to the following inquiries:
1. Has the Board of Commissioners, authorized and pro-
vided for by the 17th article of the Cherokee treaty of lb35-
'36, appointed by the President and Senate of the United
States in the year 1836, and adjourned or dissolved m the
spring of 1839," been reorganized by the appointment of the
commissioners in September 184-2?—the said 17th article being
in the following w ords:
"Art. 17. All the claims arising under or provided for in
the several articles of this treaty, shall be examined and ad-
judicated by such commissioners as shall be appointed by the
President of the United States, by and with the advice and
consent of the Senate of the United States for that purjjvbt;
and their decision shall be And on their certificate of
the amount due the several claimants they shall be paid by
the United States."
2. When the board was first organized in the year 1836,
were not the funds appropriated to pay the claims adjudica-
ted under the above article of the Cherokee treaty, placed
in the hands of a disbursing oflieer by the Secretary of War
(Gov. Cass) with instructions to pay upon the certificate
issued by the board and under its sole direction? And was
not Secretary Cass at the head of the War Department when
the Cherokee treaty of 183o-'36 was negotiated7
3 How many certificates were issued by the board at its
former session, upon its decrees, as shown by the files of
the War Department? And were not these certificates paid
in full, and received in the Second Auditor's office from the
disbursing officer as the proper vouchers for his disburse-
ments, without a single case upon which they were predi-
cated being referred to the Secretary of War for his re-
4. Do the records of the War Department, from the time
the board was first organized in lo36, up to its reorganiza-
tion in September, 1842, exhibit a single instance therein
the Executive department of the Government assumed the
powers to control the judicial action of the Cherokee board,
prescribe the boundaries of its jurisdiction under the treaty,
or alter or annul its decrees, when it declared them to be
final, and issued a i ci liji<-ale for the amsunt due, as prescri-
bed by the treaty.
o. Since the reorganization of the Clieroke$board in Sep-
tember, 18-W, have the ceilificates issued the commis
sionersjupon their decrees, been paid according to the mode
prescribed under the administration of President Jackson,
and continued throughout the administration of President
Van Buren? Does an order now exist in the department
that the certificates must be submitted to the Secretary of
War for allowance or rejection, in whole or in part: and if
any portion is allowed, that it must be paid upon a separate
requisition, issued by him in each case'
6. When certificates, issued since September, 1S42, have
been presented to the Secretary of War, in compliance w itli
the above order, ha% e not the pioceedings of the board, m
the case upon which the certificate has issued, been de-
manded for re-examination, and has not the department as-
sumed the power oi annulling the decree of the board, and
in many cases set the decrec aside, refused payment to
claimants—in others, postponed the Sme for further consid-
eration; and, in cases where the decree of the board is con-
firmed, refused to pay the certificate in full, m conformity
with the plain provisions <ff the treaty, and in accordance
with the precedents left in the department by two forme:
Administrations? And that the Secretary of War will com-
municate to the Senate the law or authoiity by which this
power is conferred upon hiv department
7. Are the certificates issued by the board, now in exist-
ence, the same in matter and form (taken from the same
printed certificate book) as those issued by the same tribu-
nal at its former session? What amount of claims were ad-
judicated and paid by the former, and what amount has
been adjudicated by tlie board now in session? What num-
ber of awards made by the latter have been allowed and
paid by the department, and what number have been disal-
lowed or suspended?
Mr. JARNAGIN submitted the following resolu-
tion; which, under the rule, lies one day on the table:
Resolved. That the Secretary of the Treasury be. and lie
hereby is,directed to furnish a statement to the Senate of the
amount of money paid out of the treasury on certificates
issued by the board of commissioners appointed in Septem-
ber, 1842, under the 17th article of the Cherokee treaty of
1835-6; the date when such payments were made, and
whether said certificates were paid m v, hole oj in paitj
and if paid only in part, that he state by what authontj , or
under what law, any portion of the money which appear? io
be due to the several claimants upon the face of said certifi-
cates, has been withheld. tn
On motion of Mr. BAGBY, it was ordered that
the petition and papers of Jamison and "Williamson
be taken from the files,and refericd to the Committee
on the Post Office and Post Roads.
On motion of Mr. HUNTINGTON,
The Senate then adjourned.
HOUSE OF REPRESENTATIVES.
Monday, December 11, 1843.
Mr. ADAMS rose to a correction of the journal.
He observed that it was there stated that the memo-
rial he presented from John M. Botes, contesting the
election of Johkt W. Jones, was laid on the table;
whereas the motion he made was to refer it to the
Committee of Elections, when appointed.
The Speaker here left the chair, and called to it
Mr. Hopkins, of Virginia.
The CHAIR observed that there was no Commit-
tee of Elections at the time the memorial was pre-
sented; but the correction and reference would be
made as suggested.
Mr. NEWTON rose to a similar correction in re-
lation to the memorial he presented from Mr. Gog-
gin, contesting the seat of Mr. Gilmer. He wished
that memorial also to be referred to the Committee
The CHAIR said that the correction and reference
would be made, of course.
Mr. CHAPPELL announced that his colleague
(Mr. Stephens, of Georgia) was in attendance, and
ready to take the oath. Mr. Stephens then attended
at the table, and the oath to support the Constitution
of the United States was administered to him by the
Mr. RAMSAY of Pennsylvania, offered the fol-
Resolved, That the C'leik be directed to procure, in the
German language, three thousand copies of the President's
message, for the use of the members of tills House.
Mr. VINTON rose and asked the House to ex-
euse him from serving on the Committee of Elections.
It was known that, at the present session, that com-
mittee was one of particular importance, involving
very high responsibilities to the House and to the
country. He, of course, duly appreciated the honor
of having been placed on that committee. Consider-
ing the number of questions, and the nature of them,
already referred to that committee, it must be appa-
rent to all that its labors will be greater than that of
any other committee of the House during the ses-
sion. He was not disposed to shrink from any labor
or responsibility that the House might be disposed
to impose on him; but he enme here in an infirm
state of health, and did not feel that he was physi-
cally able to discharge the duties of that committee.
It was on that ground that lie asked the House to ,
excuse him. _ ' ;
The question was then taken on excusing Mr. 1
Vinton, and decided in the affirmative—the Chair |
[Mr. Hopkins] observing that the vacancy thus cre-
ated in the Committee of Elections would, as a mat-
ter of course, he presumed, be filled by the gentle-
man from New York, [Mr. Beardsley.]
The Speaker then resumed the chair.
Mr. WELLER asked leave to oiler the following
Resolved, That the several memorials and petitions pre-
sented to the House of Representatives at the last Congies*,
which have not been finally acted 0115 also, all bills which
wenth'om the House to the Senate and which were lost
there, and such bills as were relened to the several com-
mittees oi thus House, not reported onv bo again referred to
the committees to which the same werejieretoiore reierred,
as soon as the said committees shall be organized, a writ-
ten request to that effect being handed by any member to
the Clerk, whose duty it shall be to enter the same upon
the journal as if presented to the House.
Mi. BARNARD again objected.
So the resolution was not received.
A message was here received from the Piesident
of the United States, by Mr. John Tyler, jr., his
The SPEAKER then announced that the first
business in order was the resolution of the gentle-
man from New York, [Mr. Barnard,] to amend
the journal, by inserting Ins resolution and protest
— the pending qi estion being on the amendment of
Mr. Gilmer, to strike out so much of the icbokuion
as contains the protest.
Some conversation as to the precise stair 0^ the
cjuc&Uon aio^e—in which Me^rs. THOx>lPSON,
BARNARD, und the SPEAKEE, took part—end-
ing* by the Speaker's restating the question.
Mr. BARNARD then cnllcd for the yeas and
nays; which were accoidinaly ordered.
The yeas and nays were then taken, and resulted
as follows: yeas 124, nays 06.
yp AS—\iessrs. \ndoTson ATkuisor Pel^i-r Beiton. Bid-
1'tck, Jamc? Black, James A Black,iUaefcwell.Bossier. Bow
ei\ Bovvhn, Bos d, Jacob Brji'kerhofF. B rod he ad Aaron V
Brown, William J. Brown. Buike.-Burt, Caldwell, Caiv,
Catlm, Augustus A. Chapman. Chappell, Clinton, Cobb,
Coles, Cross, Cullom, Dana, Daniel, John "W. Davis, Dean,
Dillingham, Douglass, Dromgoole, Duncan, Elmer, ranee,
Ficklin, Foster, French, Gilmer, Byram Green, Hale, Ham-
lin, Haralson, Hays, Henly/Herrick, Hoge, Hopkins, Hdus
ton, Hubard, Hubbell, Hughes, Hungerford, James B. Hunt,
Jameson, Cave Johnson, Andrew Johnson, George W.
Jones, Kennedy, Preston King, Kirkpatrick, Labranche,Leon-
ard, Lucas, Lumpkin, McCauslen, McClellan, McClernand,
McConnell, McDowell, McKay, Mathews. Moore, Joseph
Morris, Murphy, Norris, Owen. Parmenter, Pettit, E&ery-D.
Potter, Pratt, Purdy, Rathbun, David S. Reid, Reding, Relfe,
Ititter, Robinson, Russell, St. John, Saunders, Thomas H.
Sevmour, Simons, Simpson, Slidell, John T. Smith, Robert
Smith, Steenrod, Stetson, John Stewart, Stiles, Stone, Strong,
Sykes, Taylor, Thompson, Tibbatts, Weller, Wentworth,
Wheaton, Williams, Wilkins, Wise, Woodward, Joseph A.
Wright, and Yost—124.
NAYS—Messrs. Adams, Ashe, Bamnger, Barnard, Beards-
lev, Milton Brown, Jeremiah Brown, Bufiington, Carroll,
Chilton, Clingman, Collamer, Cranston, Garrett Davis,
Richard D. Davis, Deberry, Dellet, Dickey, Dickinson, Fish,
Florence, Foot, Fnck, Giddings, Grinnell, Grider, Hardin,
Harper, Hudson, Washington Hunt, Charles J. Ingersoll, Jo-
seph R. Ingersoll, Irvin, Jenks, Perley B. Johnson, Daniel
P. King, Mcllvaine, Edward J. Morris, Moseley, Nes, New-
ton, Patterson, Pejton, Phoenix, Ramsey, Rayner, Rogers,
Sample, Sclienck, Senter, Severance, David L. Seymour,
Albert Smith, Stephens, Andrew Stewart, Thomasson, Til
den. Tyler, Vance, Vanmeter, Vinton, White, Winthrop,
and William Wright—66.
The question then recurred on the resolution as
Mr. HAMLIN asked if it was not in order to
move a further amendment of the resolution.
The SPEAKER replied in the affirmative.
Mr. HAMLIN then moved the following addition
to the resolution:
Resolved. That the Clerk of this House is hereby directed,
in making up the journal of proceedings of this day in rela-
tion to the protest of Daniel D. Barnard and others, not to
enter the same at length on the journal.
Mr. THOMPSON $aid the protest appeared on
the journal of Tuesday last, ana he wished the reso-
lution to embrace that also.
Mr. WIJNTHROP wished to ask if tnere was a
single precedent in the whole history of Congress
for directing the Clerk as to the discharge of his
duties? As he understood it, the Clerk was sworn
by a solemn oath to God, to discharge his duties to
this House. He was responsible for the journal; and
after it had been made up by him, and had under
gone the supervision of the Speaker, it was in.
order for any member to move an amendment; but
was it ever known, in this 01* any other free country,
that gentlemen undertook to instruct the Clerk to
make up the journal according to their will ana
pleasure? If this were to be followed out, a majori-
ty might, at any future time, vote down a motion;
and aftei wards, if they desired to conceal that pro-
ceeding, they would have nothing to do but to in-
struct the Clerk not to record it on the journal. Now,
to him, this appeared to be a new mode of resorting
to the expunging process; it was an expunging by
If it were a right of the minority—-and it was sc-
oured to them by the Constitution of the United
States—to have their motions entered on the jour-
nal, when the yeas and nays were taken thereon,
how could it be just, on a motion made in advance,
to overturn that right, and prevent that matter be-
ing entered on the journal? It did really appear to
him that the proposition was one of most dangerous
precedent. He understood it had been uniformly
the case to enter such matter on the journal. A
gentleman from Virginia, the other day, mentioned
an instance in which some matter had not gone on
the journal when the yeas and nays were called
upon it; but his friend, the former Speaker, [Mr.
White,] gave them abundant reason for the devia-
tion in that case; and, therefore, the case was not
precisely analogous. But, according to all other
precedents, matter which had been acted upon by the
House, either affirmatively orjnegatively, if the yeas
and nays were taken thereon, was entered at length
on the record; vet now a motion was made, a day 111
advance, instructing the Clerk not to perform the duty
which, according to parliamentary usages and prac-
tices, and by his oath, he was bound to perfom. He
should call for the yeas and nays on the motion of the
gentleman from Maine.
Mr. UiLMER said the gentleman from JSew York,
[Mn. Barnard,] some days since, made a sugges-
tion to him, and he now rose to make a suggestion 111
mum to the gentleman from New "i ork. It seemed to
him the House was engaged in what might proper-
1 y be termed at least a useless business. He (Mr. G.)
remarked, a few days ago, when lie had the honor of
addressing this House, in reference to another branch
of this proposition, that certainly it was a matter of
i<o conceivable moment, whether that paper, in the pre-
cise form m which it was presented to the House, was
read from the journal or not. The only considesa-
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United States. Congress. The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (texashistory.unt.edu/ark:/67531/metapth2367/m1/47/: accessed October 19, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.