The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 55
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The question was next taken on ordering the
main question, and carried—ayes 80, noes not
The main question was then put on the adoption
of the resolution, and the yeas and nays, at "the in-
stance of Mr. G. JDavis, having been ordered,
the call resulted in—yeas 148, nays 32, as follows:
YEAS.—Messrs. Adams,Ashe, Barringer, Barnard. Bel-
ser, Benton, Bidlack, James Black, Blackwell, Bossier,
Brodhead, Milton Brown, Wm. J Brown, Bufflngton,
Burlce, Campbell, Cary, Carroll, Augustus A. Chapman,
Chilton, Chngman, Clinton, Collamer. Cranston, Cross, Da-
na, Garrett Davis, R. D. Davis, John W. Davis, Dean, De-
berry, Dellet, Dickey, Dickinson, Dillingham, Douglass,
DurJap, Ellis, Elmer, Farlee, Ficklin, Fish, Florence, Foot,
Foster, French, Frick, Gilmer, Willis Green, Byram Green,
Grinnell, Grider, Hale, Hamlin, Hardin, Harper, Hays, Hen-
ley, Herrick, Hoge, Hopkins, Houston, Hubard, Hubbell,
Hudson, Hungerford, Washington Hunt, James B. Hunt,
Charles J. Ingersoll, Joseph R. Ingersoll, Irvin, Jenks,
Ca\e Johnson, Perley B. Johnson, Preston King, Daniel P.
King Kirkpatrick, Labranche, Leonard, Lucas, McClelland,
McClernand, McConnell, Mcllvaine, McKay, Mathews,
Moore, Edward J. Moms, Joseph Morris, Moseley, Murphy,
Nes, Newton, Norris, Owen, Parmenter, Patterson, Pettit,
Peyton, Phcenix, Elisha R. Potter, Emery t>. Potter. Purdy,
Rathlmn, Charles M. Read, David S. Reid, Relfe, Ritter,
Rogers, Russell, St. John, Sample, Saunders, Schenck,
Senter, Severance, Thomas H Seymour, David L Seymour.
Simons, Albert Smith, John T. Smith, Thomas Smith, Rob-
ert Smith, Stephens, Stetson. Andrew Stewart, John Stew-
art, Stone, Strong, Sykes, Thomasson, Thompson, Tibbatts,
Tildefi, Vance, Vanmeter, Vinton. Weller, Wentworth,
Wheaton, White, Williams, Wilkins, Winthrop, Wise,
Woodward, William Wright, and Yost—148.
NAYS.—Messrs. Atkinson, Edward J. Black, James A.
Black, Bower, Bowlin, Boyd, Jacob Brinkerhoff, Aaron V.
Brown., Jeremiah Brown, Burt, Caldwell, Catlin, Chap-
pell, Cobb, Cullom, Haralson, Hughes, Jameson, Andrew
Johnson, George W. Jones, Kennedy, Lumpkin, McCauslen,
Macl&y, McDowell, Reding, Robinson, Simpson, Slidell,
Steenrod, Stiles, and Taylor—32.
So the resolution was adopted.
Mr. JAMESON asked leave to introduce two bills,
notice of which had been previously given by him;
but objections being made, they were not offered.
Mr. J. gave notice that, on to-morrow, or as soon
thereafter as practicable, he would ask leave to in-
troduce a bill granting pre-emption rights to actual
settlers on public lands.
]\lr. BIDLACK gave notice that he would, to-
morrow, ask leave to introduce a bill to establish a
national foundry, for the fabrication of cannon for
the army and navy of the United States.
Mr. BARNARD inquired what was the business
before the House?
AMENDMENTS OP THE JOURNAL.
• The CHAIR replied that the first business in or-
der would be the resolution of the gendeman to
The resolution was then read as follows:
Resoked, That the journal of yesterday, in that part
"which relates to the resolution and amendment offered by
Mr. Barnard oil Tuesday last, the oth instant, the motion
of Mr. Gilmer to strike out a pari of the resolution, and the
vote l>v -v eas and nays taken yesterday on that motion, be
amended," so as to state the question as follows:
The part of the resolution of Mr. Barnard proposed to be
stricken out was in the following words, namely:
And that the journal be further amended, by inserting
the following paper, as that offered to be read, to wit: the
roll of Representatives be, &c., (copy the protest)
The CHAIR stated that the question of reception
having been raised, the question before the House
would now be, "Shall the resolution be received?"
Mr. C. J. INGERSOLL desired to know if a
motion to postpone this question, to allow him to
move that the House resolve itself into a Committee
of the Whole, would be in order.
The CHAIR said that such a motion would not
be in order; the question being on the reception of
the motion. K the motion should be received, it
would then be in order to move to postpone it.
Mr. STEENROD asked if it would be in order
to move to lay the question of reception on the ta-
The CHAIR replied in the affirmative.
Mr. STEENROD then moved to lay the question
of reception on the table.
Mr. BELSERnsked whether, after this House
had twice solemnly refused to receive this paper, it
could be properly offered now.
The CHAIR said that the House would decide
that nuestion, on the question of reception. The
question now before the House was, on laying the
question of reception on the table.
Mr. BELSER. Will the decision of that ques-
tion, by yeas and nays, carry the paper on the jour-
The CHAIR said that it would not; the paper not
j in the possession of the House.
Mr. BARNARD begged to suggest to the Chair
that there was no motion to receive.
The SPEAKER replied that such a motion was
made a few days ago.
After a few words between the SPEAKER, Mr.
BARNARD, and Mr. HOPKINS, the question was
stated to be this: The question being "shall the paper
be received," a motion was made to lay the question
of reception on the table; and that question now re-
Mr. BARNARD called for the yeas and nays on
the question of laying on the table, and they were
ordered; and being taken, resulted as follows: Yeas
116, nays 59, as follows:
YEAS—Messrs. Anderson, Atkinson, Beardsley, Belser,
Benton, Bidlack, E. J. Black, J. Black, Blackw ell, Bossier,
Bower, Bowlin, Boyd, J. Brmkerhofl, Brodhead, Aaron. V.
Brown, W. J. Brown, Buffington, Burke, Burt, Caldwell,
Cary, Catlm, R. Chapman. A. A. Chapman, Choppell, Clin-
ton, Cobb, Cross, Cullom. Dana, Daniel, Richard D. Davis,
John W. Davis, Dean, Dillingham, Douglass,Dunlap, Elmer,
Farlee, Ficklin, Foster, French, Byram Gr^en, Hale, Ham-
lin, Haralson, Hays, Henley, Uernck. Iloge, Hopkins,
Houston, Hubard, Hubbell,-Hughes, Hungerlord, James B.
Hunt, Jameson, Cave Johnson, Andrew Johnson, George
W. Jones, Kennedy, P. King, Labranclic, Leonard, Lucas,
Lumpkin, McCauslen, Maclay, McC'lelLan. McClernand, Mc-
Connell, McDowell, McKay, Mathews, Moore, Jos. Morris,
Muipliy, Noiris. Owen, Parmenter, Emery D. Potter, Purdy,
Rathbun, D. S Reid. Reding, Relfe, Ritter, Robinson, Rus-
sell, St John, Saunders, Thomas H. Seymour, David L. Sej-
mour, Simons, Simpson, Slidell, J. T. Smith, T. Smith, Rob-
ert Smith, Steenrod, Stetson, John Stewart, Stiles, Stone,
Strong, Sykes, Taylor, Thompson, Weller, Wentworth,
Williams, Wise, Woodward, and Yost—116.
NAYS—Messrs. Adams, Barringer, Barnard, Milton
Brown, Jeremiah Brown, Carroll, Chilton, Chngman, Col-
lamer, Cranston, Garrett Davis, Dickey, Dickinson, Fish,
Florence, Foot, Frick, Giddmgs, W. Green, Grinnell, Gri-
der, Hardin, Harper, Hudson, Washington Hunt, Joseph R.
Ingersoll, Irvin, Jenks, Perley B. Johnson, Daniel P. King,
Mcllvaine, Edward J. Morris, Moseley, Nes, Newton,
Patterson, Fejton, Phcenix, EUshaR. Potter, Ramsey, Chas.
M. Read, Rogers, Sample, Schenek. Senter, Severance, Al-
bert Smith, Stephens. Thomasson, Tibbatts. Tilden, Vance,
Vanmeter, Vinton, White, adn Winthrop—59.
So the motion to lay on the table pervailed.
Mr. BIDLACK desired to give notice of his in-
tention hereafter to ask leave to introduce a bill for
the establishment of a national foundry, for the cast-
ing of cannon for the use of the army and navy of
the United States. Objection being made, the notice
was not received.
SLAVERY, THE SLAVE-TRADE, AND AB-
The SPEAKER stated that the calling of the roll
of States for petitions was the next business in or-
der; and he remarked that when this order of busi-
ness was last before the House, a petition was offer-
ed by the gentleman from Massachusetts, [Mr.
Adams,] which the Chair was of opinion came
within the rule forbdidmg the reception of certain
petitions. The opportunity which was afforded
him by the adjournment of the House had enabled
him to examine the subject much more satisfacto-
rily than he had the power to do at the time the
petition was offered; and he found, as far as prece-
dent went, that petitions of this character could be
entertained by the House. Upon an examination
of the rule of the House in reference to abolition
petitions, he found the rule to be this: that no peti-
tions praying for the abolition of slavery in the
District of Columbia, or in any of the States of the
Union where slavery now exists, or for the sup-
pression of the slave trade among the States, should
be received or entertained in any manner what-
soever. The prayer of this petition was, that Con-
gress would pass such laws, or propose such amend-
ments of the Constitution of the United States, as
would separate forever the petitioners and the peo-
ple of New York from domestic slavery; and it
now appeared to the Chair that the memorial did
not come within the letter of the rule; and as it was
a rule that was restrictive in its character, the Chair
did not feel at liberty to give it an interpretation
beyond that which the rule itself would indicate.
Upon consideration, therefore, the Chair ■ decided
that the petition did not come within the operation
of the rule.
Mr. ADAMS moved that the petition be refqjpd
to the Committee on the Judiciary. •
Mr. CAVE JOHNSON objected to the reception
of the petition; for he conceived it, in effect, to
amount to a petition for a dissolution oi the Union,
which he should object to at any time.
Mr. ADAMS denied that the gentleman from
Tennessee had given a true interpretation of the pe-
tition. It was a memorial, praying for an amend-
ment of the Constitution, and not for a dissolution
of the Union. _ -
The SPEAKER said, as the question of reception
had been raised, that question must be first dis-
posed of. ,
Mr. THOMPSON moved to lay the question' of
reception on the table.
Mr. ADAMS called for the yeas and nays on that
Mr. BLACK of Georgia asked, for his own infor-
mation, whether, if the motion of the gentleman
from Mississippi was carried,, it would not carry
with it to the table the petition also; and whether
thus the petition would not be received by the
[Cries of "No'. no!!"]
The SPEAKER replied that it would not carry
with it a paper which had never been in possession
of the House.
Mr. BEARDSLEY desired that the petition
should be read, that they might know what its con-
The Clerk accordingly read the petition, which
set forth that the undersigned petitioners, inhabi-
tants of the State of New York, earnestly desiring
that they should be freed from all connexion with
domestic slavery, respectfully prayed the House of
Representatives to pass such _ laws, and propose
such amendments to the Constitution of the United
States, as shall forever separate the people of New
York from all connexion with slavery.
The yeas and nays were then ordered; and being
taken, resulted as follows: yeas 97, nays 80.
YEAS—Messrs. Ashe, Barringer, Belser, Bidlack, Ed-
ward J. Black, James Black, Blackwell, Bossier, Bdwlm,
Boyd, Jacob Brinkerhoff, Brodhead, Aaron V. Brown,
Milton Brown, Burke, Burt, Caldwell, Campbell, Reuben
Chapman, Augustus A. Chapman, Chappell, Chilton, Cling-
man, Clinton, Cobb, Cullom, Daniel, Garrett Davis, John W.
Davis, Dean, Deberry, Dellet, Dickinson, Douglass, Fick-
lin, Foster, French, Gilmer, Willis Green, Haralson,
Holmes, Hopkins, Houston, Hubard, Hughes, Chas. J. Inger-'
soli, Jameson, Cave Johnson, Andrew Johnson, George W.
Jones, Preston King, Labranclie, Lewis, Lucas, Lumpkin, -
McCauslen, Maclay, McClernand, McConnell, McDowell,
McKay, Mathews, Moore, Joseph Morris, Murphy, Newton,
Norris, Peyton, Emery D. Potter, David S. Keid, Relfe,
Rliett, Hitter, Russell, St. John, Saunders, Senter, Simpson,
Slidell, John T. Smith, Thomas Smith, Robert Smith,
Steenrod, Stephens, Stiles, Stone, Strong, Taylor, Thomas-
son, Thompson, Tibbatts, Tyler, Weller, Wentworth, Wil-
kins, Wise, Woodward, and Yost—97.
NAYS—Messrs. Adams, Anderson, Barnard, Beardsley,
Benton, Jeremiah Brown, Bufflngton, Cary, Carroll. Catlm,
Collamer, Cranston, Dana, Richard D. Davis, Dickey, Dil-
lingham, Dnnlap, Elmer, Farlee, Fish, Florence, Foot,
Frick, Giddings, Byram Green, Grider, Hale, Hamlin,
Hardin, Harper, Herrick, Hubbell, Hudson, Hungerford, W.
Hunt, J. B. Hunt, Joseph R Ingersoll, Irvin, Jenks, P. B.
Johnson, Kennedy, Daniel P. King, Kirkpatrick, Leonard,
McClellan, Mclhaine, Edward J. Morris, Moseley, Nes,
Owen, Parmenter, Patterson, Pettit, Phusnix, Elisha R. Pot.
tor, Purdy, Ramsey, Charles M. Read, Robinson, Rogers,
Sample, Schenck, Severance, Thomas H. Seymour, David
L. Seymour, Simons, Albert Smith, Stetson, Andrew
Stewart, John Stewart, Sykes, Tilden, Vance, Vanmeter,
Vinton, Wheaton, White, Williams, Winthrop, and Joseph
Mr. ADAMS presented various petitions on the
subject of slavery; but the Chair ruled them out of
Mr. ADAMS said he had plenty more of the
same description, with hundreds of thousands of
The CHAIR remarked to the gentleman from
Massachusetts, that it was not in order to debate the
subject of these petitions.
Mr. ADAMS. I do not debate it, sir. I submit
with lamb-like patience.
Mr. ADAMS then presented a petition against the
admission into this Union of Texas, or of any State
which tolerates slavery.
The CHAIR decided that the petition was inad-
Mr. ADAMS contended that it did not come
within the rule, inasmuch as it did not pray the
abolition of slavery. He would be under the ne-
cessity, he said, of taking an appeal from this deci-
sion of the Chair, for he preferred to have a direct
vote of the House upon the question of reception,
rather than to have these petitions rejected in the
indirect method of getting rid of them which the
House seemed so anxious to adopt; that is to say,
by a motion first not to receive, and then by a mo-
tion to lay the subject upon the table. He would
rather the petitions should be rejected by a direct
vote by yeas and nays, than by the arbitrary deci-
sion of the Speaker; he would, therefore, take an
Mr. HOPKINS inquired whether, under the
twenty-fourth rule of ths House, the petition m ist
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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/m1/79/: accessed June 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.