The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 53
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Commerce, to which was referred the memorial of
Enoch Baldwin, praying the refunding of certain
• duties, made an adverse report thereon; which was
ordered to lie on the table, and be printed.
Mr. "WOODBRIDOtE said, they had laid on their
tables the other day a valuable report, printed by
order of the other House, at the last session. The
report was drawn up by Mr. Wm. Cost Johnson.
It contained a vast amount of statistical matter of
great importance, in connexion with the subject of
an issue of $200,000,000 stock by the Federal
Government. The number printed of that report
was not adequate to the wants of those who had re-
cently become members of the Senate. He there-
fore moved that an extra number—say 500 copies—
of that document be printed.
Mr. KING expressed some surprise that a propo-
sition of this kind was made. He asked the Chair
whether that report was a document of the Senate;
and if not, whether a motion to print it would be in
The CHAIR replied that it was not; and that the
motion was not in order. It would, however, be
in order for the Senator to move a resolution to pro-
cure the printing of it.
Mr. WOODBRIDGE said he would, at a con-
venient time, prepare and submit a resolution for
the purpose. The type is still standing; and the
printing of the report would cost but little.
Mr. BREESE submitted the following resolution;
which lies one day on the table, under the rule, viz:
Resolved, That the Secretary of War be instructed to in-
form the Senate how many leases have been executed by
the United States agent for the lead mines in Illinois and
"Wisconsin, from the 4th of March, 1837, to the 4th of March,
1841; and how many, since that time to the present time, of
the mineral lands therein; of the number, names, duties,
and salaries or other compensation of the agents employed
by him in leasing said lands, and collecting the rents there-
of, the amount of rent collectcd from the 4th of March, 1841,
up to the time of the last returns; what quantity of land
has been leased, and how many persons, as near as can be
ascertained, are engaged in mining, in farming, or in mining
and farming, on the same tract of land, in the so-called min-
eral district of Illinois and Wisconsin: and, further, to re-
port to the Senate if any difficulty has occurred, and what,
in leasing said lands, or any part thereof, and in collecting
the rent stipulated therefor.
Mr. BENTON submitted the following resolu-
tion; which lies one day on the table:
Resolved, That the Committee on Naval Affairs be di-
rected to inquire into the expediency of establishing a man-
ufactory on the Mississippi river, for the purchase and
manufacture of domestic hemp for the use of the United
Mr. JARNAGIN moved that the Senate take up
for consideration the resolution submitted by him
on the 11th December, calling upon the Secretary
of War to report to the Senate the transactions of
the Board of Commissioners appointed to adjust
claims arising under the Cherokee treaty.
It was taken up and read.
Mr. J. remarked that, inasmuch as there was
some objection by Senators to the matter, as well as
the phraseology, of the resolution, he had prepared
a substitute, which was read, as follows:
Resolved, That the Secretary of War be directed to com-
municate to the Senate answers to the following inquiries:
1. Was the Board of Commissioners, authorized and pro-
vided for by the 17th article of the Cherokee treaty of 183-5-
'36> dissolved in the spring of 1839, by order of the War De-
partment, or ai I it adjourn, having completed the business
of the coiiimisftim? Was it reorganized m September, 1843,
and at whose instance? Where has it held its sessions, and
how long at each place.' How many persons have com-
posed and been attached to said Board, and what has been
the expense of said Board, including salaries, and other inci-
dental charges? What was the cost to the Government of
the former Board, and how long was it m session? What
were the instructions given by the War Department to the
new Board, at and after its organization, as to its business
2. When the Board was first organized in the year 1836,
were not the funds appropriated to pay the claims adjudicated
placed in the hands of a disbursing officer, with instructions
to pay upon the certificates issued by the Board; and were
not payments so made m every instance?
3. What amount of certificates were issued by the old
Board, and paid by the disbursing officers of the Govern-
ment' Were any of its awards, or decrees, revised or modi-
fied by the Secretary of War or other officer?
4. Since the re-organi'/ation ot the Cherokee Board, in
September, 184-2, have the certificates issued by the com-
missioners, or their deciees.been paid as w ere Ike certifi-
cates issued by the former Board; and does an order now
exist in the War Department, that the certificates issued by
the commissioners must be submitted to the Secretary of
War for allowance or-rcjection; and if any portion be allow-
ed, it must be paid upon a separate requisition issued by
him in each case? If this be so, the Secretary will commu-
nicate to the Senate the law or authority" by which this
power Is conferred upon his department.
&. What amount of claims was adjudicated and paid by
the former; and what amount has been adjudicated by the
Board now in existence? What number and amount of
made by the latter have been allowed and paid by
the department; and what number have been disallowed or
The question was taken, and the substitute" was
Mr, BARROW said he had received from the
Governor of Louisiana resolutions adopted by the
Legislature of that State; which he presented, as fol-
1. Resolution asking Congress to reorganize the
second regiment of dragoons, by remounting them:
referred to the Committee on Military Affairs.
2. Resolution instructing the Senators and re-
questing the Representatives from Louisiana to use
their best exertions to have a law passed refunding
to General Jackson the fine imposed on him by
Judge Hall at New Orleans: referred to the Judicia-
3. Resolution asking Congress to make an ap-
propriation for the purpose of removing the bar at
the mouth of Red river, in the State of Louisiana:
referred to the Committee on Commerce.
4. Resolution instructing the Senators and re-
questing the Representatives to introduce and ad-
vocate some measure by which the expenses at-
tending the United States court sitting in Louisiana
may be reduced: referred to the Judiciary Com-
The following resolution, submitted December 11,
by Mr. Jarnagin, was taken up, and adopted, viz:
Resolved, That the Secretary of the Treasury be, ami he
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 in whole or in part;
and if paid only in part, that he state by what authority, or
under what law. any portion of the money which app'ears
to be due to the several claimants upon the face of said certi-
ficates has been withheld.
The CHAIR remarked that there was no further
business on the table; whereupon,
On motion by Mr HUNTINGTON,
The Senate adjourned.
HOUSE OP REPRESENTATIVES.
Wednesday, December 20, 1843-
Prayer by the Rev, J. S. Tinslet, Chaplain to
THE PUBLIC LANDS.
Mr. HOUSTON, pursuant to notice heretofore
given, introduced a bill, entitled " A bill to reduce
and graduate the price of the public lands in favor
of the settlers and cultivators;" which was read
twice, and ordered to be committed to the Commit-
tee on the Public Lands, and to be printed.
On motion of Mr. BOYD, the President's mes-
sage transmitting the report of the Board of Com-
missioners appointed to select a site for a Western
armory, was referred to the Committee on Military
CHESAPEAKE AND OHIO CANAL.
Mr. A. STEWART, pursuant to notice, intro-
duced a bill, entitled "A bill directing the condi-
tional transfer of the stock held by the United States
in the Chesapeake and Ohio Canal Company to the
State of Maryland, and the cities of Washington,
Georgetown, and Alexandria, so as to secure the
early completion of the canal to Cumberland;"
which was read twice, and committed to the Com-
mittee on Roads and Canals.
FLORIDA CONTESTED ELECTION.
Mr. J. R. 1NGERSOLL presented a memorial of
some of the inhabitants of Florida, contesting the right
of the Delegate [Mr. Levy] to a seat in the House;
and as he perceived the gentleman from Florida
was in his seat, he wished the question to be dis-
posed of; and therefore, he moved that it be refer-
red to the Committee on Elections.
Mr. LEVY inquired what was the precis® prayer
of the petition.
Mr. J. R. 1NGERSOLL said he believed it was,
that the question should be taken up, and finally
disposed of; but the memorial was a brief one, and
might be read.
The Clerk read the memoiial, and it appeaifed to
set forlh the history of this contest during the 27th
Congress, when Mr. Lf.\ t's seat was contested, on
the ground that he was an alien, and therefore not
eligible to a seat in the House of Representatives of
the United States; and praying, as the last Con-
gress did not finally dispose of the question, that
the present House would take it up. and settle the
point in controversy. To the memorial there Were
appended twenty-one signatures.
Mr. LEVY said he could not allow the subject
to pass to a reference without remark. He had sup-
posed that the recent decisive arbitrament,, of this
question by the people would have been treated as
final. After a unanimous judgment of the highest -
judicial tribunal of Florida directly upon the point;
after a direct decision of the Executive department
of the Government of this Union,-acting upon the
written advice of the Attorney General; after a de-
liberate decree, twice pronounced by a mass jury of
the country, (the people of Florida,) it was reason-
able to have been expected that the agitators of this
matter would have rested from their malign labors.
It seemed, however, that a few restless individuals
were still disposed to harp upon the matter. He
quite well understood the movement, and he hoped
he would be excused by the House for saying, that
he could not use language strong enough to express
the deep and utter scorn, the unmitigated contempt,
which he felt towards the movers and their mo-
Before dismissing the subject, he would take oc-
casion to say that the issue is falsely stated in that
memorial. His rights as a citizen had never been
rested upon the narrow and unimportant issue
therein presented, but npon much higher and
broader grounds. They rest upon the lnilolaEie
obligations of a treaty, and the sanctity of a judi-
cial decree. They rest, and rest securely, as' he <
confidently felt, upon the firm foundations of natu-
ral and constitutional right and of national honor.
And when the day comes upon which the solemn
and recognised acts of public officers of this Gov-
ernment, touching the delicate and inappreciable
relation of citizen and country, 'are brought up,
after a lapse of twenty-odd years, for wanton repu-
diation, by the national Representatives, he should
cease—sorrowfully cease—to covet the distinction
of American citizenship. When good faith shall
depart this Government, with it will have passed'
away all that forms the basis of pariotism; all that
in verity constitutes the citizen—love and veneration
for the institutions, and sympathy with the people
of one's country.
Mr. L. said he had been doubting what direction
to ask the House to give to this subject. In his
opinion, the Judiciary Committee was the most ap-
propriate. There is no person contesting his right
to his seat—no one disputing the fullness and suffi-
ciency of his election. If the proceeding be gone
into at all, it must be by the House, for its -own
satisfaction, to preserve the integrity of its, own
body. The first question upon which, for this pur-
pose, the House would require to be decided, is one
of a purely judicial nature—to wit, the legality of
the proceedings of citizenship. And if the Judi-
ciary Committee were of opinion that he was not a
citizen, then it would be for the Committee of Privi-
leges and Elections to report whether, usder the
circumstances, he was entitled to a seat here. He
would leave it, however, to the House, to adopt its
pleasure in the matter, and would decline, therefore,
any distinct motion at present.
Mr. L. said lie could not refrain from adding ano-
ther observation; and, in what he was about to say,
he would by no means design to include the hon-
orable gentleman from Pennsylvania, whose uniform
kindness and liberality were so conspicuons, and
who was only, on this occasion, performing what
he deemed a duty. But he could not refrain from
saying, that he felt well assured, from his knowl-
edge of the principal movers in this matter, that the
motive was simply and singly to embarrass him, if
tliey could, in his humble eflorts to be useful to the
generous constituency whose confidence he was
proved to possess. There was not a spark of sin-
cerity in tlie motives by which they profess to be
animated. If they were sincere, he would deem
their application more entitled to respectful treatment
at his own hands, and by the House.
Mr. J. R. INGERSOLL was of opinion that the
reference to the Election Committee was a proper
reference. He also defended his presentation of the
memorial, as it was the right of the inhabitants of
Florida to petition this House, and to have their pe-
titions respectfully treated.
Mr. LEVY said the case rested on documentary
evidence; and he reiterated his opinion that it was
solely a case for the consideration of the Committee
on the Judiciary.
Mr. A. V. BROWN rose to submit a _ motion,
which he thought would be a proper one in refer-
ence to this memoiial. So far as the right of pete
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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/m1/77/: accessed April 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.