The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 134
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134
CONGRESSIONAL GLOBE.
ary war; which was referred to the Committee on
Revolutionary Claims.
Mr. TAPPAN presented a preamble and resolu-
tion adopted by the general assembly of Ohio, in-
structing the senators and requesting the represent-
atives from that State to use their exertions to pro-
cure the passage of a law to confirm the titles to
certain lots in the town of Perrysburg, Wood
county, Ohio: referred to the Committee on Public
Itgmds.
Also, on leave, introduced a joint resolution for
the distribution of the works on the exploring ex-
pedition; which was twice read, and referred to the
Joint Committee on the Judiciary.
Mr. NILES presented a petition from John Rus-
sell, praying for an amendment to the laws granting
bounty lands to the officers and soldiers of the rev-
olutionary army; which was referred to the Com-
mittee on Public Lands.
Mr. BAYARD, from the Committee on Naval
Affairs, reported a bill authorizing the appointment
of assistant surgeons and assistant pursers to the
navy, which was read, and ordered to a second
reading.
Mr. DICKINSON introduced, on leave, a bill
entitled an act providing for appeals in cases of
bankruptcy; which was read twice, and referred to
the Committee on the Judiciary.
Mr. PORTER submitted the following resolution;
which was considered, and agreed to, viz:
Resolved, That the Secretary of the Senate procure
twelve hundred additional copies of the report of- J. N. Nic-
ollet, which was'ordered to be printed on the 10th of Febru-
ary, 1841; and also that he cause tp he printed from the cop-
per plate belonging to the Senate, the same number of copies
of the hydrographical basin of the Upper Mississippi river,
accompanying tne said report; two hundred copies of which
said report and map to be for the use of the Topographical
bureau, under whose direction they Were prepared.
Mr. ASHLEY submitted the following resolu-
tion; which, under the rules, lies one day on the ta-
ble, viz:
Resolved, That the Committee on the Judiciary be in-
structed to inquire into the expediency of authoming and
requiring the judge of the district court oi the United States
for the district oi Arkansas, to hold two terms of the said
court m each year at Van Buren, in Crawford county, in
said State; and also of extending the jurisdiction ot said
court over the adjacent Indian lands, in all cases.
Mr. BREESE gave notice of his intention to ask
leave to introduce a bill—title not heard.
The PRESIDENT pro tern, laid before the Sen-
ate a communication"'from the State Department,
showing the number, names, and compensation of the
clerks and messengers employed therein; which,
On motion by Mr. EVANS, was ordered to lie
on the table.
Mr. CRITTENDEN, from the Committee on
Military Affairs, reported back, without amendment,
and with a recommendation that it do pass, the bill
to organize a company of sappers, miners, and pon-
tonierg.
The following resolution, submitted by-Mr.
Woox>bury yesterday, was taken up and agreed to,
viz:
Resolved, That the Secretary of the Treasury be directed
to lay before the Senate a schedule of the articles in table
E annexed to his annual rcpoit at this session, with the
rates ad valorem to which the duty on thewi amounted, that
was actually paid by the importers.
The resolution submited by Mr. Johnson yester-
day was taken up for consideration, as follows:
Resolved, That the Committee on the Judiciary le in-
structed to inquire into the expediency of passing an act
further to regulate the costs and lees accruing in suits and
prosecutions in the district and ciicuit courts of the Lnitcd
States for the State of Louisiana.
Mr. JOHNSON submitted a few remarks show-
ing the enormous fees which are required to be paid
in the United States courts in Louisiana, which, in
some cases, exceed the amount involved in the suit.
He alluded to the circumstance of the subject hav-
ing at the last session been before the Committee
on the Judiciary, which failed to make any report
thereon. He appealed to the committee to take the
matter into their early consideration.
Mr. DAYTON remarked that the reason why
the committee did not report upon the subject last
session was, that no facts had been laid before them
upon which to base a report. And should the reso-
lution pass without some facts being referred to the
committee as the basis of their action, no report
could be expected from them this session.
Mr. JOHNSON said some information as to the
enormity of these fees would be laid before the com-
mittee.
Mr. HENDERSON also made some remarks
Rowing that the committee should report a bill, of a
general character, conforming the fees in the United
States courts to the fees paid in the State courts.
Mr. JOHNSON, on this suggestion, modified his
resolution so as to make the inquiry general; and it
was adopted.
Mr. WOODBURY, on leave, reported a bill for
the relief of David Currier; which vi as read twice,
and referred to the Committee on Pensions.
The engrossed bill for the relief of Miles King
and his assignees was read the third time and
passed. *
The bill to increase the pay of certain officers of
the revenue-cutter service while serving in the navy
of the United States, came up in order, but was
passed over informally.
On motion by Mr. MERRICK, it was
Resolved, That the Postmaster General be requested to
communicate to the Senate any information in his posses-
sion relative to the establishment of a private express now
running between New i ork and New Orleans foi the trans-
poitatiun of mailable matter, and whether, under existing
law?, the Post Office Department hav e the power of correct-
ing this evil, and if no authority for the correction of said
evil now exists, that hefurther communicate to the Senate
his views as to the proper legislative provisions to be made
upon the subject.
On motion by Mr. WOODBRIDGE, the vote
concurring in the adverse report of the Committee
on Military Affairs in the case of General John
Stockton, was reconsidered, and the subject was re-
committed to that committee.
RENEWAL OF WIDOWS* PENSIONS.
The Senate bill entitled "a bill renewing certain
pensions for the term of five years," being the next
thing for consideration on the general orders, was.
taken up as in committee of the whole.
It provides that the pensions for five years here-
tofore granted out of the naval pension fund to the
widows of officers, sean.en, and marines, who have
been killed or who have died by reason of a wound
received in the line of their duty, or in consequence
of casualty by drowning or otherwise, or injury re-
ceived in the line of their duty, and which pensions
have ceased from the expiration of the period for
which they were originally granted, or subsequent-
ly renewed, shall be continued for another period of
five years to such of the said widows as have re-
mained unmarried; but to cease on death or mar-
riage.
Mr. CHOATE moved to amend the bill by in-
serting the words "by reason of disease contracted,
or," which would extend the renewal of their pen-
sions to the widows of officers, seamen, and marines
who died in consequence of having periled their
lives m the service in various ways important to the
country. Having explained himself so fully last
session, when, on his motion, this amendment was
adopted by the Senate on the bill then under discus-
sion, he deemed it unnecessary to trouble the Senate
wTith a repetition of his views, believing there would
be no dissent.
Mr. BAYARD suggested the proper place in the
bill for the amendment. By striking out the words
in consequence, and inserting by reason of disease con-
tracted, or, the senator's object would be accom-
plished.
Mr. CHOATE assented to the suggestion.
Mr. SEVIER inquired if this bill would not in
effect revive an act which was repealed a few years
back, after long debate, and mature consideration.
Mr. BAYARD replied that the bill renewed only
pensions of widows who have heretofore enjoyed
pensions, but provision for which was omitted in
the bill or joint resolution lately passed in the Sen-
ate consolidating pensions. Its operatioa would be
retrospective altogether, and it would give no en-
couragement to the extension of the pension system
hereafter. These widows received pensions under
acts prior to the acts of 1837.
Mr. SEVIER inquired what amount of money
the bill would appropriate.
Mr. BAYARD spoke from recollection when he
said he thought it could not be more than twenty or
thirty thousand dollars a year.
Mr. CHOATE had made inquiry on that point
at the department, and was there assured it would
not exceed $30,000.
Mr. HENDERSON, for reasons which he had
fully explained last session, should vote nut only
against the amendment, but against the bill. The
measure involved an invidious distinction between
one branch of the public service and another not
less meritorious. This distinction was unjust and
impolitic; and on these grounds he should oppose
the b^l.
The question was then taken on Mr. Choate's
amendment; and it was adopted.
Mr. BAYARD moved two verbal-amendments,
viz: to improve the phraseology by leaving out the
word/rom, in the 9th line, ana substituting in const*
quence of, and by inserting after or, in the 10th line,
tor which they; both of which were adopted.
The bill was then reported back to the Senate and
the amendments were concurred in.
On the question of engrossment,
Mr. HENDERSON called for the yeas and nays;
which were ordered.
The bill was then ordered to be engrossed, and
read a third time—yeas 31, nays 12, as follows:
YEAS—Messrs. Atchison, Bagby, Barrow, B-ites. Bayard,
Berrien, Buchanan, Choate, Dickinson, Evans, Fairfield*
Foster of New York, Foster of Tennessee, Francis, Hanne-
gan, Huger, Huntington. Jarnagin, Johnson,Merrick, Miller,
Morehesd, Niles, Pcarce, Phelps, Porter, Rives, Simmons,
Sturgeon, Upham,and Woodbridge—31.
NAYS—Messrs. Allen, Archer, Ashley, Atherton, Breese,
Clayton, Haywood, Henderson, Semple, Sevier, Tappan,
and Woodbury—V2.
ANNEXATION OF TEXAS.
Mr. HAYWOOD, pursuant to notice hereto-
fore given, asked and obtained leave to introduce
the following bill, which was read by its title twice
with a view to reference:
Bill to provide for the annexation of Texas to the United
States, and to restore the ancient limits of the republic.
Be it enacted by the Senate and House of Representa-
tives oj the United, States of *1menca in Ceng>e<}S assem-
bled, 'Jthat from and immediately after the date of the
final adoption of the compact which shall be made by
the supreme authorities of the United States <uid the su-
preme authorities of the republic of Texas for ceding and
annexing the territories of the said last mentioned repub-
lic unto the United States of America, the ordinance passed
on the 13th July, 1787, and entitled "An ordinance for the
government of the teiritory of the United States northwest
of the river Ohio,''1 shall be", and it is hereby, extended over,
applied to, and re-enacted, as to the whole of the territory
which shall be ceded or annexed as aforesaid; and it shall
bp the duty of the President oi the United States to execute
the same in each of the districts created therein, according
to the constitution and laws of the United States. And the
the said ordinance, vmdatis mutandis, shall be and remain as
articles of compact between the United States and the peo-
ple thereof and of the said territory, to be ceded and annex-
ed as aforesaid, and of each district theeof, and the prople
of the said territory and districts, unalterable unless by
common consent, as the same was heretofore declared to
be the articles ot compact between the United States and
the people thereof, and the said northwest territory and
the people theieof; subject, however, to the following-con-
ditions, alterations, limitations, and restrictions, to be en-
grafted in the said compact of annexation and cession ac-
cording to their substance, as the said compact may here-
after be formed and adopted by the supreme authorities of
the United States and the republic ofTexas, to wit:
Fust: The said compact of cession and annexation, when
made as aforesaid, to provide lor making all the territories
ceded and annexed to the United States subject to the consti-
tution of the United States, and to such alterations as shall
bo lawfully made therein, and to all the acts and ordinances
of the United States in Congress assembled, conformable to
the said constitution now in force, or hereafter to be en-
acted.
Second. The said compact of cession and annexation, when
made, to provide further for the a division of said territory
into two parts or districts,b5 a line to be agreed for, and
running as near as may be from east to west along the 34th
drgree of north latitude; and all the territory lying on the
south of said line shall be one territory, to be known and
called by thy name of "The Southern Territory of the
United "States " and all the territory Ijmg on the
noith of said line shall be added to the whole of the
lands belonging to tiie United States, adjoining the said
upper asid northern p?rt of Texas, and which are
soutli of the 42d degree of north latitude, and these to be
another territory to be known and called by the name of
"The Territory of Nebraska:' Fro. idedt That nothing here-
in contained shall be '•o construed as to impair, annul, or in
any manner to intuiere with the r.ghts 01 Indians, or the
existing obligations ef the United States to any Indian tnbe
whatsoever.
Third. '1 he said compact of cession and annexation, when
made as aforesaid, to provide further for the future forma-
tion m said territories of at least two State?, nnd if more
than two, then of four State®, and if more than four, then of
six States, to be hereafter admitted into the United States of
.'imenca But one half of the nrnnbci nf Stces so to be
formed, s-hall bp situate in the ^aid Terntoiy of Nebraska,
and the other half of the number of seid States so to be form-
ed to be situate in the said Southern Terntorj 05 the United
States
Fourth. The s.iid compact of cei >on and annexation,
when made as aforesaid, to provide anther th.d the Sth sec-
tion of the act passed!)} the Traded Matfs m fongie^sas-
<emHed. aiid approved tfih .March, m the following
words, commonly called the "Mksouu compromise," to
Wit: '"SrcTiox 8. .'ii'.d he it Juithe,' <"\'i"itd. That
in all that territory ceded bj Fiance to the United States,
under the nai.^e of Louisiana, vi hick lies north of 36 degrees
and 30 minutes north latitude, not included withm tke limits
of the State contemplated by this act. slavery and involun-
tary servitude, otherwise than m the punishment of crimes,
whereof the parties shall have been duly convicted, shall
be. and is hereby, foic\er prohibited: Provided always,
That any per-on *>seaping into the samo, from whom labor
or 5-ex-\icc is lawfully claimed, in any State or Territory of
the United States, such fugitive mav be lawfully reclaimed
and conveyed to the person claiming his or her labor or
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United States. Congress. The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session, legislative document, 1845; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2366/m1/150/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.