The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 46
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form before the House, so that its merits could be
fairly and deliberately argued, it would be time
enough to touch the general question.
The question now before the House was, whether
the titles of gentlemen to their seats coming from
those States which had not complied with the ap-
portionment law, should be referred to the standing
Committee of Elections, to a select committee, or to
a Committee of the Whole House on the state of
the Uifion. He was in favor of neither. He was,
on reflection, against all reference whatever of the
matter; and he should, therefore, withdraw his
amendment to the amendment of the gentleman
from Virginia, [Mr. Steestrod,] proposing a refer-
ence to a Committee of the'Whole. For his part,
he could see no essential difference between the re-
port of a standing committee, a select committee, or
a Committee of the Whole; but he could see very
plainly that there was a great difference between
having the subject considered by any committee
and by the House in a body.
Mr. KENNEDY submitted an amendment, stri-
king out all after the enacting clause in the original
resolution, and inserting a resolution that the mem-
bers from the States of New Hampshire, Mississippi,
Missouri, and Georgia, are properly and constitu-
tionally elected by general ticket, and are as much
entitled to their seats as the members from any of
the other States of the Union.
Mr. ELMER rose to say that he could not vote,
as at present advised, for any one of the propositions
before the House; buthe would suggest to gentlemen
whether the one he held in his hand would not be
more likely to meet with favor from all quarters than
any other. He would add, that the course proposed
in this proposition was the one always pursued in
former times; though the practice had been, of late
years, from some cause or other, disused. He un-
derstood, indeed, that it was formerly the custom of
the Committee of Elections to require the members
to present their credentials for their inspection and
examination. Mr. E. then submitted the following,
which was read:
Resolved, That the Committee of Elections be directed to
examine and report: upon the certificates ol election, or
.other credentials, of the members returned to &crve in this
House; and that they inquire and report whether the sev-
eral members of this House have been elected 111 con-
formity with the Constitution and law.
Mr. G. DAVIS said that lie acccpted the resolu-
tion of Mr. Elmer as a modification of the one
offered by him.
The SPEAKER laid before the House the follow-
ing letter from the President of the United States;
To ihe House of Representatives:
I received, within a few hours of the adjournment
of the last Congress, a joint resolution '"directing
payment of the ceitificates or awards issued by the
commissioners under the treaty with the Cherokee
Indians." Its provisions involved principles of great
importance; in reference to which, it required more
time to obtain the necessary information than was
The balance of the fund piovided by Congress for
satisfying claims under (be 17th article of the
Cherokee treaty referred to in the resolution, is
wholly insufficient to meet the claims slili pending.
Todircctthe payment, theiefore,of the whole amount
of those claims which happened to be first adjudi-
cated, would prevent a rateable dishibution of the
fund among those equally entitled to its benefits.
Such a violation of the individual rights of the claim-
ants would impose upon the Government the
obligation of making further appropriations to in-
demnify them; and thus Congress would be obliged
to enlarge a provision, liberal and equitable, which
it had made for the satisfaction of all the demands of
the Chcrokees. I was unwilling to sanction a meas-
ure which would thus indirectly overturn the adjust-
ment of our differences with the Cherokecs, accom-
plished with so much difficulty, and to which time
is reconciling those Indians.
If no such indemnity should be provided, then a
palpable and very gross wrong would be infiicicd
upon the claimants who had not been so fortunate
as to have their claims taken up in preference to
others; besides, the fund having been appropriated
by law to a specific purpose in fulfilment of the
treaty, it belongs to the Cherokees; and. the authori-
ty of this Government to direct its application to
particular claims is more than questionable.
The direction in the joint resolution, therefore,
to pay the awards of the commissioners to the
amount of one hundred thousand dollars, seemed
to me quite objectionable, and could not be ap-
The further direction, that the certificates required
to be issued by the treaty, and in conformity with
the practice of the hoard heretofore, shall be proper
and sufficient vouchers upon which payment shall
be made at the treasury, is a departure from the sys-
tem established soon after the adoption of the Con-
stitution, and maintained ever since. That system
requires that payments under the authority of any
department shall be made upon its requisition,
countersigned by the proper Auditor and Comptrol-
ler. The greatest irregularity would ensue from
the mode of payment prescribed by the resolution.
I have deemed it respectful and proper to lay be-
fore the House of Representatives these reasons for
having withheld my approval of the abovemention-
ed joint resolution.
Washington, Dec. 18, 1843.
The SPEAKER laid before the House a commu-
nication from the Treasury Department, transmit-
ting, in compliance with the resolution of the 7th
January last, the names of the persons who appear
to have balances due them on the books of the
treasury under the old funded debt of the United
Mr. CAVE JOHNSON moved to lay it on the
table without printing.
Mr. WISE desired to know why the gentleman
objected to the printing.
Mr. CAVE JOHNSON said, that the effect of
printing it would be, to place the document in the
hands of speculators, who would hunt up the claim-
ants, and buy up their claims; and, at all events,
they would find names to suit those on the books of
Mr. WISE moved to amend the motion by adding,
"and printed." He wanted the document printed,
for the purpose of keeping those claims out of the
hands of speculators. If printed, the information
would bo circulated through the country,and the heirs
of claimants would be infomied of what was due
them, and thus be enabled to claim the amount, but
let the document be packed away without printing,
and thus speculators and agents, of whom there were
always a sufficient number at Washington, would be
able to get hold of it, and by this means make their
own terms with the rightful claimants. If anything
was due to his constituents, he wanted it made public.
He had some experience in these matters, and knew
that it was by withholding the publication that
speculators and agents were enabled to practise the
most infamous frauds on claimants, as was the case
in relation to old military claims some years ago.
Mr. HOLMES, in corroboration of what had
been said by the gentleman from Virginia, said that
one of his constituents had received a letter from a
person at Washington, stating that ih^re was a sum
of money slandmg to the credit of his father on the
books of the Treasury, and exacting thirty per cent,
for the information. He knew, also, of a number
of others similarly situated.
Mr. C.JOHNSON said the danger was not of
their hunting up the rightful claimants only, but of
those who have no claims whatever, but bear the
names of the claimants. In this wav, there was
danger that the giossest frauds would be perpetrated.
The same thing had happened in the cafce of the
Virginia bounty land claims some years ago, when,
m consequence of the frauds perpetrated, oHbns
were passed through to double the amount of all
the just claims that could possibly have been out-
Mr. R. D. DAVIS moved that the House ad-
journ; but "withdrew this motion for a moment, at
the request of
Mr. C. JOHNSON, who ofTeied the following
resolution, "\\ inch was read for infomiation:
liesThat the Co.ni<iiiiee on Ndval -'Ajjis bo in-
stiuoccd to isi'iunv into the expediency of providing bj luw
lor the appointment oi the, Cluef of the Bureau of Piovi-
bious and Clothing out ol the number ol pursers m the
The House then adjourned.
* The following petitions were presented to-day,
under the rule:
By Mr. HOLMES: The petition of John Fvayor
& Co., to be refunded a sum of money paid under a
forfeiture; of heirs of E. H. Boy, for a grant of land
in lieu of lands appropriated by the Government
of the United Suites, belonging to his father; of
Mary R. Hatch, to be restored to the navy pension
fuudj of the Vestry of St, Philip's Church, Charles-
ton, South Carolina, to be refunded a sum of money
paid in duties upon an organ.
On motion of Mr. HOLMES, the papers in the
following cases were taken from the files of the
House, and referred to the appropriate committees:
The papers of Francis Ingraham for a pension:
referred to the Committee on Revolutionary Pen-
The papers relating to the claims of Gen. Her-
nandez, for property destroyed in the late Florida
war with the Indians: referred to the Committee of
The papers of J. De Motte: referred to the Com-
mittee on Invalid Pensions.
On motion of Mr. DODGE, of Wisconsin, all
the petitions praying for appropriations for the con-
struction of harfcors at the towns of Racine and
Southport were taken from the files, and referred to
the Committee on Commerce.
By Mr. J. W. DAVIS, of Indiana: The petition
and vouchers in the case of the claim of Col. Fran-
cis Vigo, late of Indiana: referred to the Committee
on Revolutionary Claims. The petition and vouch-
ers of Cornelius Bogard, praying-compensation for
two horses lost during the last war: referred to 1
Committee of Claims. The petition of John ^
Beck, of Missouri, praying compensation for a horse
lost in the battle of Tippecanoe: referred to the Com-
mittee of Claims. Petition of the citizens of Sulli-
van county, Indiana, asking the erection of a bridge
over the Ohio river at Wheeling: referred to the
Committee on Roads and Canals. A similar petition
from citizcns of Owen county, Indiana, praying the
.same object: referred to the same committee. The
petition of Gideon Walker, of Indiana, praying com-
pensation for services rendered as a soldier from the
year 1792 to the year 1795: referred to the Commit-
tee of Claims. The petition of numerous citizens
of Knox county, Indiana, asking a donation of land
in the Vmcennes land district, for the purpose of
improving the Wabash river at the Grand Rapids:
referred to the Committee on Public Lands. A les-
olution referring the papers and affidavits in the case
of Alexander Reid, of Lawrence county, Indiana,
asking a pension on account of wounds received
during the revolutionary war: referred to the Com-
mittee on Invalid Pensions.
By Mr. SLIDELL: Petition of the branch pilots
of the port of New Orleans, praying to be permitted to
enter, with the privilege of pre-emptors, a certain
tract of land situated near the balize, at the mouth
of the river Mississippi Petition of L. Mallander
and others, for the confirmation of certain entries
of land m the New Orleans land district. Petition
of Lewis Irvin for the confirmation of the sale of a
tract of public land in the New Orleans land dis-
trict. Petition of Bernard Hawkm for the con-
firmation of the sale of o tract of land m the district
north of Red liver, Louisiana. Petition of F. Da-
na and others for the confirmation of certain laud
entiies in the New Orleans land distnet. Petition
of Peter Philibert and others, piaying for a directory
law for the issuing of patents for confirmed land
claims Petition of B. Mangny and others, pray-
ing for legislation on the subject of congested land
claims in Louisiana: all refer:ed to the Committee
on Private Land Claims. Petition of L. Deletie
and others for the allowance of additional compen-
sation to the deputies and clerk.* of naval cihceis at
New Oilcans. Petition of the New Cricks and
Corrolton Railroad Company for relief against a
jrdgme.nt obtained against'them in the district court
of Louisiana: leferred to the Committee on Com-
merce. Petition of Henrietta Benes, daughter of
Captain Lathrop Allen, for the eommiUc.tien and
bounty land ol herfathei: referred to the Committee
on Revolutionary CHims.
By Mr. MURPHY: Petition of EH~a Trenchard
and others, widows of navy officers, for a k 3 to ra-
tion of the navy pension fund. Petition of Daniel
Ingalls, a rcvojutionary claimant, for a pension.
Petition of John Sweeney, for the remissionof du-
ties on a pipe of gin accidentally destroyed. Peti-
tion of Sarah Hunter, widow, for relief.
By Mr. MACLAY: Petition of Obadiah New-
comb, of the city of New York, praying for a pen-
By Mr. WENTWORTH: Petition of Garret
Norton, of Du Page county, Illinois, for the refund-
ing the purchase money on certain lands. Petition
of Alva Keneda, of Kane county, for the same.
By Mr. BIDLACK: The petition of Reuben
Taylor, a soldier of the Revolution: referred to the
Committee on Revolutionary Pensions.
By Mr. WHITE; Petition of Robert C, Kelly, of
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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/m1/70/: accessed August 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.