FRIDAY, January 3, 1845.

Annexation of Texas.

[28TH CONG.

Union as a State, he was chosen by an almost | question of reannexation shall be definitively unanimous vote as one of her Senators in Con- settled. gress. In 1839 he was again elected by a like flattering vote to the same high and honorable station. It is no less remarkable than true, that in performing the various and responsible duties of these several offices and situations, running through a period of nearly thirty Mr. C. J. INGERSOLL moved that the rules be years, and embracing seasons of high party ex- suspended, that the House might resolve itself citement, it was his rare fortune to escape the into Committee of the Whole on the state of slightest imputation upon his integrity. No the Union, for the purpose of taking up the higher testimony could be afforded of his abili- Texas question. ty to be useful, or of the purity of his public The SPEAKER remarked that the first business life. As an honest man and patriot, he in order was the resolution of the gentleman may have had equals; certainly no superior. from Alabama, (Mr. HOUSTON,) submitted yesArkansas deeply deplores the loss she has sus-terday before the adjournment, to fix the time tained; and no monument to perpetuate his memory could be more honorable than that which he himself has reared in the affections of her people. It was, however, in the social circle, and in the relations of private life, that his virtues were most conspicuous. Amiable, artless, and benevolent, he never failed to acquire the esteem and respect of those with whom he associated. Candor, frankness, and honor, characterized his intercourse, and were apparent in all his transactions.

Of his afflicted widow and bereaved children my feelings will scarcely permit me to speak; upon them the melancholy dispensation rests most heavily. A husband, a father, is no more; but lost to them forever. A recurrence to these endearing relations could but deepen the poignancy of grief; and I only add that he died as he lived-át peace with all his race, and in the confident hope that he was at peace with his God.

Mr. C. concluded by offering the following

resolution:

for the termination of the debate in Committee of the Whole on the state of the Union, on the bill to reduce and graduate the price of the public lands in favor of settlers and cultivators.

Mr. C. J. INGERSOLL then moved to take up the Texas joint resolution which he had designated; and the motion was agreed to.

The joint resolution was read at length by the Clerk as follows:

“JOINT RESOLUTION for annexing Texas to the United States.

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That annexation and union between the said United States and the republic of Texas take following words, viz: effect as settled the twelfth of April last, in the

"ARTICLE I. The republic of Texas, acting in conformity with the wishes of the people and Government, cedes to the United States all the territories of Texas, to be held by them in full property and sovereignty, and to be annexed to the said United States as one of their Territories, subject to the same constitutional provisions with their other Territories. This cession including all public lots and squares, vacant lands, mines, minerals, salt lakes and springs, public edifices, fortifications, barracks, ports and harbors, navy and navy yards, docks, magazines, arms, armaments, and accoutreThe resolution was unanimously agreed to; debts, taxes and dues unpaid at the time of annexaments, archives and public documents, public funds,

Resolved, That, as a testimony of respect for the memory of the Hon. W. S. FULTON, deceased, the members of this House will wear the usual badge of mourning for thirty days; and that the House, as a further mark of respect for his memory, do now adjourn.

and

The House adjourned till to-morrow.

TUESDAY, December 31.

Annexation of Texas.

Mr. TIBBATS rose, and said he desired to obtain leave to introduce a bill and joint resolution in relation to the annexation of Texas.

Mr. BARNARD objected, notice not having been heretofore given.

Mr. TIBBATS then gave notice of his intention hereafter to ask leave to introduce a bill to authorize the people of Texas to form a constitution and State government, and for the admission of such State into the Union upon an equal footing with the original States; and a joint resolution, pledging to the citizens of Texas the protection of this nation until the

tion.

"ARTICLE II. The citizens of Texas shall be incorporated into the Union of the United States, maintained and protected in the free enjoyment of their liberty and property, and admitted, as soon as may be consistent with the principles of the federal constitution, to the enjoyment of all the rights, privileges, and immunities, of citizens of the United States.

"ARTICLE III. All titles and claims to real estate, valid under the laws of Texas, shall be held so by the United States, and measures adopted for the speedy adjudication of all unsettled claims to land, and patents shall be granted to those found valid. shall be subject to the laws regulating the public "ARTICLE IV. The public land hereby ceded, lands in the other Territories of the United States, as far as they may be applicable; subject, however, to such alterations and changes as Congress may from time to time think proper to make. If, in consequence of the mode in which lands have been

2D SESS.]

Annexation of Texas.

(JANUARY, 1845.

surveyed in Texas, or from previous grants or loca- | added to the amount to be paid to Frederick tions, the sixteenth section cannot be applied to the Dawson, and the sum which may be paid in the purpose of education, Congress shall make equal redemption of the exchequer bills, shall not exceed provision by grant of land elsewhere. And it is also the estimated sum of ten millions of dollars, he shall, further understood that, hereafter, the books, on the presentation of a certificate of the commispapers, and documents of the General Land Office sioners, issue, at the option of the holder, a new cerof Texas shall be deposited and kept at such place tificate for the amount, distinguishing principal in Texas as the Congress of the United States shall from interest, and payable to him or order, out of direct. the net proceeds of the public lands hereby ceded, "ARTICLE V. The United States assume and or stock of the United States, for the amount agree to pay the public debts and liabilities of allowed, including principal and interest, and bearTexas, however created, for which the faith or ing an interest of three per cent. per annum from credit of her Government may be bound at the the date thereof; which stock, in addition to being time of annexation, said debts and liabilities esti- made payable out of the net proceeds of the public mated not to exceed, in the whole, ten millions of lands hereby ceded, shall also be receivable in paydollars, to be ascertained and paid in the manner ment for the same. In case the amount of the hereinafter stated: debts and liabilities allowed, with the sums aforesaid to be paid to Frederick Dawson, and which may be paid in the redemption of the exchequer bills, shall exceed the sum of ten millions of dollars, the said secretary, before issuing a new certificate, or stock, as the case may be, shall make in each case such proportionable and ratable deduction on its amount, as to reduce the aggregate to the said sum of ten millions of dollars; and he shall have power to make all needful rules and regulations necessary to carry into effect the powers hereby vested in him.

The payment of the sum of three hundred and fifty thousand dollars shall be made at the treasury of the United States, within ninety days after annexation, as follows: Two hundred and fifty thousand dollars to Frederick Dawson, of Baltimore, or his executors, on the delivery of that amount of ten per cent. bonds of Texas; one hundred thousand dollars, if so much be required, in the redemption of the exchequer bills which may be in circulation at the time of annexation. For the payment of the remainder of the debts and liabilities of Texas, which, together with the amount already specified, shall not exceed ten millions of dollars, the public lands herein ceded, and the net revenue from the same, are hereby pledged.

"ARTICLE VI. In order to ascertain the full amount of the debts and liabilities herein assumed, and the legality and validity thereof, four commissioners shall be appointed by the President of the United States, by and with the advice and consent of the Senate, who shall meet at Washington, Texas, within the period of six months after annexation, and may continue in session not exceeding twelve months, unless the Congress of the United States should prolong the time. They shall take an oath for the faithful discharge of their duties, and that they are not directly or indirectly interested in said claims at the time, and will not be during their continuance in office, and the said oath shall be recorded with their proceedings. In case of the death, sickness, or resignation of any of the commissioners, his or their place or places may be supplied by the appointment as aforesaid, or by the President of the United States during the recess of the Senate. They, or a majority of them, shall be authorized, under such regulations as the Congress of the United States may prescribe, to hear, examine, and decide on all questions touching the legality and validity of said claims, and shall, when a claim is allowed, issue a certificate to the claimant, stating the amount, distinguishing principal from interest. The certificates so issued shall be numbered, and entry made of the number, the name of the person to whom issued, and the amount, in a book to be kept for that purpose. They shall transmit the records of their proceedings and the book in which the certificates are entered, with the vouchers and documents produced before them, relative to the claims allowed or rejected, to the Treasury Department of the United States, to be deposited therein: and the Secretary of the Treasury shall, as soon as practicable after the receipt of the same, ascertain the aggregate amount of the debts and liabilities allowed; and if the same, when

"ARTICLE VII. Until further provision shall be made, the laws of Texas, as now existing, shall remain in force; and all executive and judicial officers of Texas, except the President, Vice President, and heads of departments, shall retain their offices, with all power and authority appertaining thereto; and the courts of justice shall remain in all respects as now established and organized.

"ARTICLE VIII. Immediately after annexation, the President of the United States, by and with the advice and consent of the Senate, shall appoint a commissioner, who shall proceed to Texas, and receive the transfer of the territory thereof, and all the archives and public property, and other things herein conveyed, in the name of the United States. He shall exercise all executive authority in said territory necessary to the proper execution of the laws, until otherwise provided.

Resolved, That the said articles are hereby declared to be the fundamental law of union between the said United States and Texas, so soon as the supreme authorities of the said republic of Texas shall agree to the same. And it shall be the duty of the President of the United States, so soon as he shall be officially notified of such agreement on the part of Texas, to announce the same by proclamation.

66

Resolved further, by the authority aforesaid, That it is understood and intended, that whatever was stipulated to be done immediately, or at a fixed period after the exchange of said compact, shall be done immediately, or in a like period after the supreme authorities of Texas shall have formally agreed to these resolutions."

Chairman. But before proceeding with his remarks,

Mr. C. J. INGERSOLL rose and addressed the

Mr. WELLER appealed to him to yield the floor, simply to move an amendment.

Mr. INGERSOLL. I have no objection, if it does not deprive me of my right to the floor. Mr. WELLER. Undoubtedly it will not.

JANUARY, 1845.]

Annexation of Texas.

[28TH CONG.

The Chairman having signified his assent to | perceive how it has grown on this subject. the same, Without government support, this progress is strong proof of popular will. When Congress came together last year, Texas was little known in the greater part of the United States, and less liked. Most people were ignorant of the localities, the advantages, the rights, and the would have been largely negative. There was little public attention but what was elicited by the manifesto of some members of Congress, warning the country against annexation as the mother of disunion and of slavery-twin calamities earnestly deprecated as its offspring, Whereas I venture to assert that the general disposition for Louisiana, which brought it into the Union without a clause in the constitution, was by no means so preponderant when that territory was acquired, either in 1803 or 1812, as the inclination is for Texas now. I go further, and assert that the war of 1812 was waged for nearly three years to a successful end, by much less of a majority of the American people than now approve the recovery of Texas. A much greater and more formidable minority opposed that war than now repudiate Texas. I mean nothing invidious by these statements, but aver then as facts full of meaning.

Mr. WELLER moved to amend the resolution, by striking out all after the enacting clause, and inserting the resolutions he had had the honor some days since to introduce. His object was, he said, to make the proposition more acceptable to the House than the form present-realities of that fine region. A vote on it then ed by the chairman of the Committee on Foreign Affairs, although he did not say (he was so understood to remark) that he would not vote for the resolution of the committee, in case it should receive the preference of the House. Mr. INGERSOLL. Does the gentleman desire the reading of his resolutions?

Mr. WELLER. No; it is the same bill presented by myself a few days since.

Mr. DOUGLAS moved to amend the amendment of Mr. WELLER, by substituting therefor the resolutions which he had had the honor to introduce a few days since.

The question then being announced on the amendment to the amendment

If, then, we represent an American Union governed by the will of the people, it is our representative duty to bring back Texas into it, if we can. This is the duty of Congress, in both branches; and the numerous proffers in this House, of plans, not very different in their postulates, prove that many covet the honor of being the advocates of Texas. Indeed, except unfounded apprehensions of the spread of domestic slavery, there is hardly a great question of public policy on which the American will is more united.

Mr. C. J. INGERSOLL said he supposed it was expected that he should preface this ineasure by some introductory views of it; but he did not intend much more than mere statementreserving argument till objections made it necessary. He should not, therefore, undertake to defend or vindicate the restoration of Texas to the United States, but simply explain what he believed to be the present position of that important measure. It has been abundantly discussed everywhere except in this House of Representatives. At popular meetings, by the American press, in several of the State legislatures, in the published proceedings of the Senate of the United States, in various executive communications to both branches of Congress, by several individual contributions to general information-in short, everywhere, every how considered, and universal sentiment Such being the case, I shall, as a sincere ascertained, except in this hall, where untow- well-wisher of the measure, strive to conciliate ard preventions have till now frustrated de- harmonious action on it, by voting for any and liberation on it; even in European newspapers, every reasonable plan for its accomplishment. more than in this House, where it now first ap- Tenacious of no one-ambitious of no selfish pears. Desirous of keeping so great a national or peculiar honor in the movement-the earliconsummation clear of party influences, Mr. I. est recovery of Texas will be my study, and would not, in addition, vouch the late presiden- every feasible arrangement of it command my tial election, pregnant as it was of popular will vote. As it is a contract or bargain with anon this subject, as well whig as democratic, other country, it seems to me that an arrangefurther than to say, in his own justification, ment, carefully digested, with the agents of that, without a word of argument, he had, at that country, authorized ad hoc, must be the every meeting in his district, during the can- best mode, if not the only one. But if any genvass, said if elected, he should deem himself in- tleman can show that it may be as well done structed to vote for the immediate reannexation without regard to the terms and conditions of of Texas. For, said Mr. I., this is no recent the treaty, that gentleman's plan shall have opinion with me. I did not wait till presidents my vote, should the terms of the treaty be and secretaries, actual or past, recommended deemed too obnoxious for adoption. As it is the recovery of that natural and indispensable annexation to and at the South, I think the part of the United States, as enlarged by the wishes of the South entitled to be most conacquisition of Louisiana; but for many years sulted; just as those of Maine and Massachuhave been the constant and unhesitating advo-setts were consulted in the late settlement of cate of getting back Texas. When we reflect on what public sentiment was only one year ago, and is now, it is as pleasing as surprising to

the north-eastern boundary. Still, like that of Maine, the Texas question is national; and national considerations should prevail in the lat

ter as they did in the former, when the Union, | south, and west, and central, sustained the north-east in its plan of settlement. It is undeniable, however, that Southern interests, Southern frontiers, Southern institutions-I mean slavery and all-are to be primarily regarded in settling the restoration of Texas. It is a Texas question and a Southern question. If Southern Secretaries of State-one of whom originated, and another is striving to consummate, the affair-betray Southern partialities which many of us may deem not quite national, that is no reason why a great national measure should not be effected on great national considerations. So, if our minister to Mexico discuss the matter with the Mexican authorities in a tone or temper which we may not approve, that is no sufficient reason why the affair itself should be frustrated. We must regard the merits and substance of the measure, and negotiation concerning it, without being prejudiced or prevented by the mere manner of dealing with them.

MONDAY, January 6.

Texas.

Mr. HAMMETT moved to suspend the rules, which was put, and carried, and the House resolved itself into Committee of the Whole on the state of the Union, (Mr. HOPKINS, of Virginia, in the chair,) and resumed the consideration of the joint resolution providing for the reannexation of Texas to the Union.

[JANUARY, 1845.

stitution is one of limited powers, and of specific grants of power. That constitution contains the clause that the powers therein enumerated shall not be construed to deny or disparage others retained by the people; and it also contained the clause that the powers not thereby granted are reserved to the States or to the people.

Now it was for those who contended for the annexation of a foreign territory, to show that the power they attempt to exercise is contained in the grant. It was not for them to rely on the feebleness of those who dissented from that proposition, but to seek for arguments to support their own cause. He was not at all astonished that the friends of this measure should have desired to throw off the load of argument from their own shoulders, and impose it on their opponents. Having tried all the means in their power of reconciling the difficulties among themselves in regard to the accomplishment of this measure; having tried the ultima ratio of a letter from the Hermitage in vain, the old Roman cement having lost its binding force, their last hopes were that the blows of their enemies might, more successfully than the love pats of their friends, knock their project into some shape that would render it acceptable to all. It seemed to be supposed by them that some anti-slavery feeling would manifest itself in the course of the debate, in such sudden and violent outbursts as to compel certain Southern members to give their votes for this measure, or their States to send other members here in their places next session, who Mr. WINTHROP said, one of the greatest com- would be more complaisant. For himself, he plaints made by our fathers of the revolution was not disposed to minister to this feeling. against the British Government, was that it con- Though he had no hesitation in saying that one sidered slavery a good and a blessing; that it had of the grounds of his opposition to the annexarefused its assent to acts of the colonies for its tion of Texas, was, that it would result in the suppression; that it reprimanded the Governor extension of slavery, and if his hour held out, of South Carolina for having given his assent to he should treat it in connection with the quesone of those acts. It seemed to him that argu- tion of slavery, yet he would do it in entire ments on this question more particularly belong-deference to the Constitution of the United ed to those who maintained the affirmative of the proposition, and not to those who were opposed to it. It was for those who contemplated so momentous a change in our system-who were for running off for foreign lands and foreign | alliances-it was for those who sought to jeopard the peace and union of the country, in order to find a more ample theatre for their transcendental patriotism, to furnish arguments to sustain them. It was for them to make out their case. It was for them to show the policy of the act, and to point out the precise terms in which it was to be consummated. For us, (said Mr. W.,) who desire no change, who are content with the country as it is, and with the constitution as it is-whose whole policy looked to the aggrandizement of the country by internal developments, and not by foreign acquisitions, we want no arguments. It is only necessary for us to content ourselves by sitting quietly in our seats, and answer, as the old barons of England did, nolumus leges Angliæ mutari. Sir, (said Mr. W..) we have the constitution. That con

VOL. XV.-12

States, which he was sworn to support. He should do it with the entire admission, which no Northern statesman has ever withheld, that so far as slavery exists in the States of the Union, this Government had no right whatever to interfere.

It was impossible for him to realize the fact that this subject was actually before the House for discussion. The introduction of a vast foreign nation into our boundaries-the naturalization of some thousands of Texans, as well as Mexicans-the introduction of 25,000 slaves into the Union in defiance of the constitution, which prohibits it-the admission of a territory not only of a size sufficient to create two or three new States, but of a capacity to disturb the orbits of all the other stars, and drive them into a new centre towards other suns, and all this, too, by one simple act of legislation, was a thing so monstrous as almost to exceed belief. What was it? It was a measure devised by a Chief Magistrate who was not the choice of the people, but who was the Chief Magistrate by

accident, for his own ambitious views. It was rejected by the Senate, after mature deliberation, and a thorough discussion; and it was now brought forward, after an hour's consultation. in the Committee on Foreign Affairs, and was to be passed with as little consideration as was ordinarily bestowed on an act to grant a salary or create an office.

He however observed, that he did now begin to feel some sympathy with the people of Texas, who had been deluded and betrayed by false pretences and promises. Where was the promise which the President of the United States dared to give to the people of Texas at the outset of this negotiation?-that promise which the President of the United States dared to give, that, if the treaty was entered upon, two-thirds of the Senate would ratify. But he would no longer discuss this matter. He saw it was beginning to be a sore topic. The chairman of the Committee on Foreign Affairs admitted that there was now some fear of annexation if there should be much longer delay: there were some persons in Texas who appeared to be changing their minds; and so they were here not only to get the start of our own people, but to pass a snap judgment on the will and judgment of the people of Texas. He (Mr. W.) did think there was some reaction on the subject of annexation; and hence, he repeated, he began to have some sympathy with the people of Texas.

[28TH CONG.

of Madison to a Bank of the United States had settled a precedent of its constitutionality; and they hailed the return to the sub-treasury system as a return to that original constitutional purity from which it had been perverted by Washington and Madison! Yes, a restoration by Jackson and Tyler of constitutional purity from which Washington and Madison had departed! If old Roman orators of which they read could look into each other's face without laughing, he could not conceive how some modern gentlemen could do so. They denied the constitutionality of a Bank of the United States, of a tariff to protect and encourage domestic industry-they denied the force of precedent in every other instance, but they relied on the precedent which they found in the cession of Louisiana. Now, he was no despiser of precedent, especially such precedents as were afforded by the early cabinets, for which he had the most deferential respect; but he could not understand this disregard of precedent in all other cases than this annexation of Texas, and such a precedent as the cession of Louisiana afforded. Why, they knew that Mr. Jefferson, in his letter to Mr. Breckenridge, acknowledged that they were doing an act which went beyond the constitution. And he read an extract from a letter written by Mr. Jefferson, in which he expressed the opinion that the limits of the United States were fixed; that the Constitution of the United States was made for the territory so limited; and that he could not believe but that the intention was not to permit Congress to admit new States which should be formed out of new territory not included in those limits. Mr. Jefferson did not believe that Congress had such power: and who did believe it? There were compromises in the constitution; and he would here take occasion to say, that Massachusetts had been falsely charged with a design to violate those compromises, because she had thought fit to submit a proposition to amend the constitution.

He then proceeded to state his grounds of opposition to the passage of these annexation resolutions, on which this debate in Committee of the Whole was based. He said, as he had said on a previous occasion, that the whole scheme was unconstitutional in substance and in form; that it was contrary to the law of nations, and was a violation of the good faith of our own country; and, in his judgment, it was eminently calculated to involve this country in an unjust and dishonorable war. He also objected to it on account of its relation with domestic slavery. He was one of those Mr. DOUGLAS said the gentleman from Maswho utterly denied the authority of this Gov-sachusetts who had just taken his seat, (Mr. ernment to annex a foreign State to this Government, by any process short of an appeal to the people in the form which the constitution prescribed for its amendment. He also read an extract from the oft-quoted letter of Mr. Forsyth, which set forth doctrines that were held by the whole of Mr. Van Buren's cabinet-on the question of annexation, which he said contained not one word approaching a pretence of any right to reannex Texas. That letter admitted that the territory here in question went beyond that territory which was ceded by France in 1803, which treaty had been quoted here so often as a precedent on which to rely as a justification for this proposed acquisition of territory. There were, if he understood them, gentlemen, who claimed here to be guided by precedent, while they refused to be guided by precedent on any other question. They rejected the idea that the signature of Washington and

WINTHROP), had seemed to consider it incumbent on the friends of the annexation of Texas to the Union to deal altogether with arguments, and to show thereby that they had the right to do what they proposed, and in the form which they proposed; whereas he claimed entire exemption on the part of their opponents from dealing in argument; but that it was sufficient for them simply to content themselves, by saying, "No, no," to every thing they proposed. Mr. D. admitted that it was incumbent on the advocates of this measure to sustain it by argument, and he would not complain of their opponents for taking the course the gentleman had marked out for them, for he candidly believed that, before the discussion terminated, it would appear that, for them, discretion was the better part of valor, and that the best course for them would be to content themselves with perpetually saying "No, no."