"That, hereafter, the President and Vice President of the United States shall be chosen by the people of the respective States, in the manner following: Each State shall be divided, by the legislature thereof, into districts, equal in number to the whole number of Senators and Representatives to which such State may be entitled in the Congress of the United States; the said districts to be composed of contiguous territory, and to contain as nearly as may be, an equal number of persons, entitled to be represented under the constitution, and to be laid off, for the first time, immediately after

the ratification of this amendment, and afterwards, at the session of the legislature next ensuing the apportionment of representatives by the Congress of the United States; that on the first Thursday in August, in the year 1848, and on the same day every fourth year thereafter, the citizens of each State who possess the qualifications requisite for electors of the most numerous branch of the State legislatures, shall meet within their respective districts, and vote for a President and Vice President of the United States, one of whom at least shall not be an inhabitant of the same State with themselves; and the person receiving the greatest number of votes for President, and the one receiving the greatest number of votes for Vice President in each district, shall be holden to have received one vote: which fact shall be immediately certified by the governor of the State, to each of the Senators in Congress from such State, and to the President of the Senate and the Speaker of the House of Representatives. The Congress of the United States shall be in session on the second Monday in October, in the year 1848, and on the same day on every fourth year thereafter; and the President of the Senate, in the presence of the Senate and House of Representatives, shall open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President, shall be President, if such number be equal to a majority of the whole number of votes given; but if no person have such a majority, then a second election shall be held on the first Thursday in the month of December then next ensuing, between the persons having the two highest numbers for the office of President; which second election shall be conducted, the result certified, and the votes counted, in the same manner as in the first; and the person having the greatest number of votes for President, shall be President. But, if two or more persons shall have received the greatest, and an equal number of votes, at the second election, then the person who shall have received the greatest number of votes in the greatest number of States, shall be President. The person having the greatest number of votes for Vice President, at the first election, shall be Vice President, if such number be equal to a majority of the whole number of votes given; but if no person have such majority, then a second election shall take place between the persons having the two highest numbers on the same day that the second election is held for President; and the person having the highest number of votes for Vice President, shall be Vice President. But if there should happen to be an equality of votes between the persons so voted for at the second election, then the person having the greatest number of votes in the greatest number of States, shall be Vice President. But when a second election shall be necessary in the

[28TH CONG. case of Vice President, and not necessary in the case of President, then the Senate shall choose a Vice President from the persons having the two highest numbers in the first election, as is now prescribed in the constitution."

Annexation of Texas.

Mr. McDuffie now rose, and moved to take up the Senate bill (191) providing for the annexation of Texas to the United States; upon which he desired to be heard in answer to the Senator from Missouri, (Mr. BENTON.) notice yesterday that he was not a party to the Mr. BARROW remarked that he had given implied contract that any more of the time of the Senate should be wasted this session on a subject already disposed of. He had no feeling of discourtesy towards the Senator from South Carolina; but foreseeing that further debate would destroy all prospect of getting through the real business awaiting the action of Congress on the eve of adjournment, while he would not deny the Senator entitled to the floor the hour promised him, he would oppose any prolongation of the discussion.

counted; and, at Mr. McDUFFIE's request, it The bill was taken up-ayes 21, noes not was read through.

Mr. MCDUFFIE then addressed the Senate for an hour in defence of the conduct of the President and Secretary of State in relation to the treaty for the annexation of Texas to the United States.

Mr. BENTON addressed the Senate for an hour in reply to the Senator from South Carolina.

The resolution was passed without a dissenting voice, and after an interval occupied in the transaction of business,

Mr. MANGUM, the President pro tempore, resumed the chair, and, being informed of the adoption of the resolution in his absence, he rose and made the following brief address:

this session having arrived, you will indulge SENATORS: The moment of separation for me in occupying a part of this moment in giving expression to the feelings of sensibility and of gratitude with which the vote just passed in my regard has so deeply impressed me. The uniform spirit of kindness and courtesy which has ever been a distinguishing characteristic of the Senate of the United

States, has not failed to impart to the individual who has had the honor to preside over its deliberations, a feeling of confidence that his acts would be viewed with kindness and forbearance. This anticipation has not only been realized through the tedious and sometimes laborious duties of legislation, but there is now superadded, by so generous an expression of satisfaction, an evidence of friendly feeling which shall be treasured in memory in all future time. In turn, I may be permitted to say, that I feel deeply sensible that the success which may have attended my endeavors to perform the responsible duties of presiding officer with impartiality, must be attributed to that courtesy which belongs peculiarly to this body, and to that dignity of decorum which has elevated its character in the rank of legislative assemblies of the world.

Differing as many of the members of this body do in political opinion, there is to be seen no interruption of that personal courtesy and friendly intercourse which men of high and honorable feeling may entertain for each other; and the knowledge of this feeling would forbid any other course by the presiding officer than that of the strictest impartiality in his administration of the duties of the chair. In the desire to have pursued such a course, a consciousness has been felt that honor, and duty, and justice have required it at my hands. It is true that the duties are frequently arduous, and at all times of a responsible and delicate character; and although entirely unconscious of having, at any time, done any act calculated to affect the rights or the feelings of any individual of the body, still the frailty of human nature is such as to dictate the propriety of throwing myself on the indulgence of the Senate, rather than lay claim to an exemption from such frailty. However this may be, I cannot disguise the satisfaction I feel in appealing to that silent monitor within, which bears witness to a determined purpose to do exact justice to all, as far as practicable; and,

[JUNE, 1844.

while yielding to every individual a full measure of latitude and freedom of action, to maintain what must be considered, in every well-regulated legislative assembly, the indispensable powers and prerogatives of the Chair, granted, in fact, by the body itself, for the preservation of its own honor and dignity.

Senators, permit me to reiterate the feelings of gratitude I entertain for the unanimous expression of your approval of my course, enhanced in value as it is by having been thrice repeated; and towards each member, permit me to avail myself of the occasion to say that I entertain no other feelings than those of respect and kindness, and beg leave to express my most earnest wish for the continued health and happiness of every one of you; and that on the return of each member to his home, he will have the pleasure to find all there in the enjoyment of health and happiness, and that it may long continue.

In the performance of my official duty, I am now to pronounce the word of separation for this session, by adjourning the Senate sine die.

HOUSE OF REPRESENTATIVES.

MONDAY, June 17.
Adjournment.

Mr. SCHENCK called for the action of the House on a joint resolution from the Senate to extend the hour of adjournment to two o'clock.

The yeas and nays were called for and ordered; and while they were being taken, the clock announced the arrival of the hour of 12.

The SPEAKER arrested the call of the yeas and nays, and announced that the hour fixed by resolution for the adjournment of Congress had arrived, and then (amidst numerous cries of "points of order ") he proclaimed that this House stands adjourned sine die.

A message was received from the House by Mr. McNulty, their clerk, informing the Senate that a quorum of that body had assembled, and were ready to proceed to business.

On motion by Mr. WOODBURY, it was

Ordered, That a committee of two be appointed by the President pro tem., to join such committee as might be appointed by the House, to wait on the President of the United States, and inform him that a quorum of the two Houses had assembled, and were ready to receive any communication he might be pleased to make to them.

The Chair appointed Messrs. WOODBURY and JOHNSON the committee on the part of the

Senate.

A message was subsequently received from the House, informing the Senate that that body had passed a similar resolution, and had appointed Messrs. C. JOHNSON and JOSEPH R. INGERSOLL a committee on their part to join the committee of the Senate.

On motion by Mr. EVANS, the Senate then adjourned till to-morrow, 12 o'clock.

HOUSE OF REPRESENTATIVES.

MONDAY, December 2.

At 12 o'clock the House was called to order by the Speaker; and the roll being called, a quorum appeared.

The following members, elected to supply vacancies, were introduced, and, being qualified, they took their seats:

The Hon. BENJAMIN WHITE, from the State of Maine; the Hon. LEVY D. CARPENTER, from the State of New York; the Hon. George FULLER, from the State of Pennsylvania; the Hon. EDWARD S. HAMLIN, from the State of Ohio; the Hon. ALFRED P. STONE, from the State of Ohio; the Hon. WILLIAM L. YANCEY, from the State of Alabama; and the Hon. ISAAC E. MORSE, from the State of Louisiana.

On the motion of Mr. HOPKINS, the usual communication was sent to the Senate, announcing to that body that a quorum of this House was in attendance and ready to proceed

with its business.

Mr. CAVE JOHNSON moved the usual resolution for the appointment of a committee to join the committee appointed by the Senate to wait inform him that the two Houses of Congress upon the President of the United States, and were organized, and ready to receive from him any communication he might have to offer.

JOHNSON and J. R. INGERSOLL were appointed The resolution was adopted, and Messrs. CAVE the committee on the part of this House.

IN SENATE.

TUESDAY, December 3.
The President's Message.

President of the United States, by the hand of
A Message in writing was received from the
his secretary, John Tyler, jr., and read to the
Senate as follows, viz:

To the Senate and House of

Representatives of the United States:

We have continued cause for expressing our gratitude to the Supreme Ruler of the Universe for the benefits and blessings which our country,

under his kind providence, has enjoyed during the | past year. Notwithstanding the exciting scenes through which we have passed, nothing has occurred to disturb the general peace, or to derange the harmony of our political system. The great moral spectacle has been exhibited of a nation, approximating in numbers to 20,000,000 of people, having performed the high and important function of electing their Chief Magistrate for the term of four years, without the commission of any acts of violence, or the manifestation of a spirit of insubordination to the laws. The great and inestimable right of suffrage has been exercised by all who were invested with it under the laws of the different States, in a spirit dictated alone by a desire, in the selection of the agent, to advance the interests of the country, and to place beyond jeopardy the institutions under which it is our happiness to live. That the deepest interest has been manifested by all our countrymen in the result of the election, is not less true than highly creditable to them. Vast multitudes have assembled, from time to time, at various places, for the purpose of canvassing the merits and pretensions of those who were presented for their suffrages, but no armed soldiery has been necessary to restrain within proper limits the popular zeal, or to prevent violent outbreaks. A principle much more controlling was found in the love of order and obedience to the laws, which, with mere individual exceptions, everywhere possesses the American mind, and controls with an influence far more powerful than hosts of armed men. We cannot dwell upon this picture without recognizing in it that deep and devoted attachment on the part of the people to the institutions under which we live, which proclaims their perpetuity. The great objection which has always prevailed against the election by the people, of their chief executive officer, has been the apprehension of tumults and disorders, which might involve in ruin the entire Government. A security against this is found not only in the fact before alluded to, but in the additional fact that we live under a confederacy embracing already twenty-six States, no one of which has power to control the election. The popular vote in each State is taken at the time appointed by the laws; and such vote is announced by the electoral college, without reference to the decision of the other States. The right of suffrage, and the mode of conducting the election, are regulated by the laws of each State; and the election is distinctly federative in all its prominent features. Thus it is that, unlike what might be the results under a consolidated system, riotous proceedings, should they prevail, could only affect the elections in single States, without disturbing, to any dangerous extent, the tranquillity of others. The great experiment of a political confederacy—each member of which is supreme as to all matters appertaining to its local interests, and its internal peace and happiness, while, by a voluntary compact with others, it confides to the united power of all, the protection of its citizens in matters not domestic-has been so far crowned with complete success. The world has witnessed its rapid growth in wealth and population: and, under the guidance and direction of a superintending Providence, the developments of the past may be regarded but as the shadowing forth of the mighty future. In the bright prospects of that future, we shall find, as patriots and philanthropists, the highest inducements to cultivate and

[DECEMBER, 1844.

cherish a love of union, and to frown down every measure or effort which may be made to alienate the States, or the people of the States, in sentiment and feeling, from each other. A rigid and close adherence to the terms of our political compact, and, above all, a sacred observance of the guarantees of the constitution, will preserve union on a foundation which cannot be shaken; while personal liberty is placed beyond hazard or jeopardy. The guarantee of religious freedom; of the freedom of the press; of the liberty of speech; of the trial by jury; of the habeas corpus, and of the domestic institutions of each of the States-leaving the private citizen in the full exercise of the high and ennobling attributes of his nature, and to each State the privilege, which can only be judiciously exerted by itself, of consulting the means best calculated to advance its own happiness;-these are the great and important guarantees of the constitution, which the lovers of liberty must cherish, and the advocates of union must ever cultivate. Preserving these, and avoiding all interpolations by forced construction, under the guise of an imagined expediency, upon the constitution, the influence of our political system is destined to be as actively and as beneficially felt on the distant shores of the Pacific, as it is now on those of the Atlantic Ocean. The only formidable impediments in the way of its successful expansion (time and space) are so far in the progress of modification, by the improvements of the age, as to render no longer speculative the ability of representatives from that remote region to come up to the Capitol, so that their constituents shall participate in all the benefits of federal legislation. Thus it is, that in the progress of time, the inestimable principles of civil liberty will be enjoyed by millions yet unborn, and the great benefits of our system of government be extended to now distant and uninhabited regions. In view of the vast wilderness yet to be reclaimed, we may well invite the lover of freedom, of every land, to take up his abode among us, and assist us in the great work of advancing the standard of civilization, and giving a wider spread to the arts and refinements of cultivated life. Our prayers should evermore be offered up to the Father of the Universe for his wisdom to direct us in the path of our duty, so as to enable us to consummate these high purposes.

One of the strongest objections which has been urged against confederacies, by writers on Government, is the liability of members to be tampered with by foreign Governments, or the people of foreign States, either in their local affairs, or in such as affected the peace of others, or endangered the safety of the whole confederacy. We cannot hope to be entirely exempt from such attempts on our peace and safety. The United States are becoming too important in population and resources not to attract the observation of other nations. It therefore may, in the progress of time, occur that opinions entirely abstract in the States in which they may prevail, and in no degree affecting their domestic institutions, may be artfully, but secretly, encouraged, with a view to undermine the Union. Such opinions may become the foundation of politi cal parties, until at last the conflict of opinion producing an alienation of friendly feeling among the people of the different States, may involve in one general destruction the happy institutions under which we live. It should ever be borne in mind, that what is true in regard to individuals, is equally

DECEMBER, 1844.]

so in regard to States. An interference of one in the affairs of another is the fruitful source of family dissensions and neighborhood disputes; and the same cause affects the peace, happiness, and prosperity of States. It may be most devoutly hoped that the good sense of the American people will ever be ready to repel all such attempts, should they ever be made.

There has been no material change in our foreign relations since my last annual message to Congress. With all the powers of Europe we continue on the most friendly terms. Indeed, it affords me much satisfaction to state, that at no former period has the peace of that enlightened and important quarter of the globe ever been, apparently, more firmly established. The conviction that peace is the true policy of nations, would seem to be growing and becoming deeper amongst the enlightened everywhere; and there is no people who have a stronger interest in cherishing the sentiment, and adopting the means of preserving and giving it permanence, than those of the United States. Amongst these, the first and most effective are, no doubt, the strict observance of justice, and the honest and punctual fulfilment of all engagements. But it is not to be forgotten that, in the present state of the world, it is no less necessary to be ready to enforce their observance and fulfilment, in reference to ourselves, than to observe and fulfil them, on our part, in regard to others.

Since the close of your last session, a negotiation has been formally entered upon between the Secretary of State and her Britannic Majesty's minister plenipotentiary and envoy extraordinary, residing at Washington, relative to the rights of their respective nations in and over the Oregon territory. That negotiation is still pending. Should it, during your session, be brought to a definite conclusion, the result will be promptly communicated to Congress. I would, however, again call your attention to the recommendations contained in previous messages, designed to protect and facilitate emigration to that Territory. The establishment of military posts at suitable points upon the extended line of land travel, would enable our citizens to migrate in comparative safety to the fertile regions below the falls of the Columbia, and make the provision of the existing convention for the joint occupation of the Territory by subjects of Great Britain and the citizens of the United States, more available than heretofore to the latter. These posts would constitute places of rest for the weary emigrant, where he would be sheltered securely against the danger of attack from the Indians, and be enabled to recover from the exhaustion of a long line of travel. Legislative enactments should also be made which should spread over him the ægis of our laws, so as to afford protection to his person and property when he shall have reached his distant home. In this latter respect, the British Government has been much more careful of the interests of such of her people as are to be found in that country than have the United States. She has made necessary provision for their security and protection against the acts of the viciously disposed and lawless; and her emigrant reposes in safety under the panoply of her laws. Whatever may be the result of the pending negotiation, such measures are necessary. It will afford me the greatest pleasure to witness a happy and favorable termination to the existing negotiation, upon terms compatible with the public

[28TH CONG. honor; and the best efforts of the Government will continue to be directed to this end.

It would have given me the highest gratification, in this, my last annual communication to Congress, to have been able to announce to you the complete and entire settlement and adjustment of other matters in difference between the United States and the Government of her Britannic Majesty, which were adverted to in a previous message. It is so obviously the interest of both countries, in respect to the large and valuable commerce which exists between them, that all causes of complaint, however inconsiderable, should be, with the greatest promptitude, removed, that it must be regarded as cause of regret that any unnecessary delays should be permitted to intervene. It is true that, in a pecuniary point of view, the matters alluded to are altogether insignificant in amount when compared with the ample resources of that great nation: but they nevertheless (more particularly that limited class which arise under seizures and detentions of. American ships on the coast of Africa, upon the mistaken supposition indulged in at the time the wrong was committed, of their being engaged in the slave trade) deeply affect the sensibilities of this Government and people. Great Britain having recognized her responsibility to repair all such wrongs, by her action in other cases, leaves nothing to be regretted upon this subject as to all cases prior to the treaty of Washington, than the delay in making suitable reparation in such of them as fall plainly within the principle of others which she has long since adjusted. The injury inflicted by delays in the settlement of these claims falls with severity upon the individual claimants, and makes a strong appeal to her magnanimity and sense of justice for a speedy settlement. Other matters, arising out of the construction of existing treaties, also remain unadjusted, and will continue to be urged upon her attention.

The labors of the joint committee appointed by the two Governments to run the dividing line, established by the treaty of Washington, were, unfortunately, much delayed in the commencement of the season, by the failure of Congress, at the last session, to make a timely appropriation of funds to meet the expenses of the American party, and by other causes. The United States commissioner, however, expresses his expectation that, by increased diligence and energy, the party will be able to make up for lost time.

We continue to receive assurances of the most friendly feelings on the part of all the other European powers; with each and all of whom it is so obviously our interest to cultivate the most amicable relations. Nor can I anticipate the occurrence of any event which would be likely, in any degree, to disturb those relations. Russia, the great northern power, under the judicious sway of her Emperor, is constantly advancing in the road of science and improvement; while France, guided by the counsels of her wise sovereign, pursues a course calculated to consolidate the general peace. Spain has obtained a breathing spell of some duration from the internal convulsions which have, through so many years, marred her prosperity; while Austria, the Netherlands, Prussia, Belgium, and the other powers of Europe, reap a rich harvest of blessings from the prevailing peace.

I informed the two Houses of Congress in my message of December last, that instructions had