The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 56
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not, as a matter of necessity, go over to another day,
because the appeal would lead to debate.
The SPEA7CER stated that it certainly appeared
clear to him that, if the original question was not de-
batable, any collateral matter arising out of the
main question could not be debated, but must fol-
low the rule applicable to the principal question, and
Mr. ADAMS. I submit, then; that leaves the
Mr. WISE inquired what became of the petition
in the mean time, if (he debate laid over. He con-
tended that the decision of the Chair was erroneous.
A question of order could not be laid over; it must
be taken instanter, upon the very day upon which it
is made. There was nothing to lay over; there was
no subject-matter in this instance, and therefore the
rule could not apply.
Mr. HOPKINS said it seemed to him that his
colleague gave to the rule a construction of which it
was not susceptible.
Mr. WISE appealed from the decision of the
The CHAIR observed that there was an appeal
Mr. WISE, after some remarks, repeating the
objections he had already made to the decision of
the Chair, withdrew his appeal.
Mr. C. J. INGERSOLL said he understood the
petition to be against the annexation of Texas to
the Union. He wished to know if the Chair had
decided that this petition came within the 23d rule.
The CHAIR said he had so decided.
Mr. ADAMS. Has the Chair also decided tiiat
it is I'o go over?
The CHAIR replied in the affirmative.
Mr. ADAMS then presented a petition from a
number of citizens of Ohio, praying Congress to
keep Texas out of the Union. He hoped this peti-
tion was not within the 23d rule.
The SPEAKER said the petition was referred to
the Committee on Foreign Affairs.
Mr. ADAMS presented the petition of James
Walsh and 226 others, residents of Washington
county, Illinois. There were, he said, a number of
prayers in this petition; one or more of which, he
feared, the Speaker would decide to be within the
23d rule. But, besides these, there were one or two
prayers of deep and grave import, which he hoped
the Speaker would not decidc as coming within the
Now, according to the precedents of a former
Congress, it has been decicled that, where petitions
contain matter which comes within the rule, and
matter which does not, the latter shall be received
and referred. He would, therefore, state what pat ts
of this petition did not, in his opinion, conflict with
the rule, in order that the Speaker might decide
whether he was correct or not in that opinion. The
first prayer was, that Congress would pass some
law confessing our national sins, (laughter.) Sir,
said Mr. A., this petition comes from 226 respect-
able people of Illinois; it is no idle paper, and de-
serves to be treated with respect. The second
prayer was, that Congress would pass a law, ac-
knowledging the dominion of Jesus Christ. The
third prayer was, that Congress Aould pass a law
defining what the law of God is. And the
fourth prayer was, for such an amendment of
tlie Constitution as would sccure to all the peo-
ple m the United States the self-evident truths
contained in the Declaration of Independence—the
right to life, liberty, and the pursuit of happi-
ness. He was afraid the Speaker would decide the
last prayer to be within the rule; but he wished the
petition read at large, in order that the House might
judge for itself.
Mr. WISE objected to the reading of the petition.
Mr. ADAMS said a few words in explanation;
The SPEAKER desired him to state again the
prayer which he supposed to come within the rule.
This being done,
Mr. HARALSON objected to the reception of
the petition; not because of its coming within the
rule, but on the grounds that the parts of it which
did not come within the rule were disrespectful to
an American legislature, as implying that they did
not entertain a proper respect for the Christian reli-
gion. It was high time, he thought, that the House
should maintain that respect which was due to it,
and which, it seemed to him, was lost sight of
while they were receiving petitions implying that
they did not acknowledge the supremacy of the
oauour of mankind.
Mr. ADAMS said that, as the gentleman ob-
jected to receiving the petition, he desired him to
state his objection in writing.
The SPEAKER said that, if a debate arose on
the petition, it must go over, under the rules of the
Mr. ADAMS made a few remarks not distinctly
Mr. HOPKINS insisted that the petition must go
over, under the rules.
Mr. WISE asked if the Speaker had decided that
the question of reception was open.
The SPEAKER said he had decided that, as the
question of reception had given rise to debate, it
must go over.
Mr. WISE said the questioa of reception giving
rise to debate was not provided for under the rules.
It was when a petition itself, and not the question
of reception, gave rise to debate, that it must go
over. He must appeal, he said, from the decision
of the Chair.
Mr. HOPKINS hoped, as he made the objection
originally, he might be indulged with making a few
remarks. He would not detain the House, and
should not go into the merits of the petition, nor al-
lude to it at all.
The CHAIR said that the petition having given
rise to debate, the question must go over.
Mr. STRONG moved to lay the question and ap-
peal on the table.
On motion, the House adjourned.
The following petitions were presented under a
rule of the House, and appropriately referred:
By Mr. BROWN, of Indiana: Petition of sun-
dry citizens of Marion and Hamilton counties, In-
diana, praying the establishment of a mail route
from Indianapolis, via Broad Ripple, Bethlehem,
Westfield, Sheffield, to Peru: referred to the Com-
mittee on the Post Office and Post Roads.
By Mr. BOYD: Petition of Wm. Gray, pray-
ing an increase of pension: referred to the Commit-
tee on Revolutionary Pensions.
By Mr. STEENROD: Petitition of 239 citizens
of Ross and other counties, "requesting the erection
of a bridge over the Ohio river, at Wheeling, Va.,
and for other purposes. Also, a petition of 150
citizens of Ohio county, Va., requesting a bridge
over the Ohio river, at Wheeling, Va.
By Mr. FOSTER: Petition of sundry citizens
of Westmoreland county, Pennsylvania, praying
for the passage of a law granting pensions for life to
the widows of revolutionary soldiers who were en-
titled to the benefit of the acts of 7th July, 1838, and
3d March, 1843: referred to the Committee on Rev-
olutionary Pensions. Also, petition of Robert Gra-
ham, praying for compensation for a private land
claim: referred to the Committee on Private Land
By Mr. GILMER: Petition of Wm. Saunders,
of Bedford county, Va., for relief, as a surety of
Wm. Estes, a postmaster. Of Richard Pollard, late
Charge d'Atfaires at Chili, asking for remuneration
for losses sustained by him, while a public officer,
in the negotiation of certain bills: both referred to
Committee on Claims.
By Mr. WRIGHT of Indiana: Petition of James
Blair and of 256 others of Indiana, asking that
Congress would grant to the State of Indiana the
vacant land lying in the Vincennes land district, In-
diana, for the purpose of continuing the Wabash
and Erie canal from Terre Haute to Evans\ille,
Indiana, on the Ohio river.
By. Mr. OWEN: Memorial of the president and
trustees of the State University of Indiana, setting
forth that a certain township of land heretofore con-
veyed to the University fell short four thousand
acres—that amount having been sold out of said
township before its conveyance for the use of the
University—and praying that Congress grant to the
University lands equivalent to these lands thus lost,
contrary to the intention of Congress, to the institu-
By Mr. ATKINSON: The petition of Mrs.
Sarah Jackson, of Norfolk, widow of Andrew
M. .lgckram, praying for a pension: referred to the
Committee on Pensions. Also, the petition of Cap-
tain John N. Ivy, of Norfolk, praying for on exten-
sion of his contract with the United States agents for
the delivery of live-oak timber: referred to the Com-
mittee of Naval Affairs.
By Mr. STEWART of Pennsylvania: Petition
from citizens of Fayette county, Pennsylvania
praying for a reduction of postage: referred to the
Committee on the Post Office and Post Roads. A
petition of Seth Swectzer, American Consul at
Guayaquil, praying compensation for diplomatic ser-
vices rendered m negotiating the ratification of the
treaty of 13th June, 1839, between the United States
and Ecuador: referred to the Committee on For-
eign Affairs. Also, memorial of the Farmers' and
Mechanics' Bank of Georgetown, praying for a re-
newal of its charter: referred to the Committee for
the District of Columbia.
By Mr. WELLER: Memorial of Mary Ann
Symmes, praying Congress to authorize the Trea-
sury Department to audit and settle, upon princi-
ples of justice, the accounts of her late husband,
Captain John Cleves Symmes, an officer during
, the last war in the United States army: referred to
the Committee of Claims.
By Mr. THOMPSON: Memorial of the presi-
dent and directors of the West Feliciana Railroad
Company, praying the remission of duties on iron
imported for the use of said railroad, and actually
laid down: referred to the Committee of Ways and
By Mr. CARY: Memorial of James S. Camp-
bell, praying for compensation for property of his
father, Col. Samuel Campbell, used m the service of
the Government in the revolutionary war; and also,
for services rendered in that war: referred to the
Committee on Revolutionary Claims.
Thursday, Dec. 21, 1843.
Mr. WOODBRIDGE presented a petition from
John McDonnel, praying the refunding of eertain
duties improperly exacted from him by the collect-
or of the customs: referred to the Committee on
Mr. BUCHANAN presented a memorial from a
number of underwriters, merchants, and others, of
the city of Philadelphia, representing that the piers
erected! at Port Penn, on the river Delaware, are m
a very dilapidated and ruinous condition; and that
the commercial interests of the city of Philadelphia,
and other ports on that river, have sustained great
injury from the failure of Congress to make an ap-
propriation to repair them. Mr. B. said that the
memorial stated a fact of which he was not formei-
ly aware—that at the time when Delaware cedcd to
the General Government those works, this Govern-
ment bound itself to keep them in repair. It was a
matter of considerable importance that these piers
should be properly erected. He hoped that the
chairman of the Committee on Commerce near him,
[Mr. Huntington,] to which he proposed to refer it,
would give the subject his earliest attention: referred
to the Committee on Commerce.
On motion by Mr. WHITE, it was ordered that
the memorial of Young and Bryan & Young be with-
drawn from the files, and referied to the Committee
on Indian Affairs.
Mr. ATCHISON, on leave, introduced a bill to
facilitate and encourage the settlement of the Terri-
tory of Oregon; which was read, and ordered to a
second reading. The bill was then read the second
time as follows:
Sec. 1. Be it enacted, fyc. That tlie President of the United
States is hereby authorised and required to cause to be
erected at suitable places and distances a Ime of stockade
or block-house forts, not exceeding live, from some point
oil the Missouri river, to the best pass for entering tlie val-
ley of the Oregon.
See. 2. That the President is authorized and required to
cause fortifications to be erected at or near the mouth of the
Sec. 3. Provision hereafter may be made by law to secure
and grant six hundred and forty acres of land to every white
male inhabitant of the Territory of Oregon, of the age ot
eighteen years, and upwards,ho shall cultivate and use
the same tor live consecutn e yr;n -; or to hi-; lieirs m case
of his decease.
Sec. 4. And to every such inhabitant or cultivator, being
a married man, there shall be granted an addition of 160
acres of land to the wife's husband, and the like quantity of
160 acres of land to the father for each child under the age
of IS years he may have, or ho may be born w ithm the
five years aforesaid
Sec. 5. No sale or contract, of any kind, of such land shall
be valid bctore a patent is issued therefor, nor shall the
same be taken m execution, oi tie bound by any judgment,
mortgage, or lien of any kind, befoiethe patent is issued.
Sr'--. 6. The Territory of Oregon, in the preceding sections
beforementioncd, shall comprise all the country lying west
ot the ltocky mountains to the i'aciisc ocean, and between
the parallels of 4-2 and 54 degress and 40 minutes of north
See. 7. That the sum of $100,000 be appropriated, out of
any money in the treasury not otherwise appropriated,
to carry into effect the provisions of this act.
Mr. ATCHISON now moved that the bill be ro
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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/m1/80/: accessed August 19, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.