JANUARY, 1845.] The Houma Land Claim. [28TH CONG. He referred to the different acts of Congress, I gives the same construction to the law. He is showing that the Secretary of the Treasury had convinced that he has the power, and refuses no power to issue the patents; that, on the to issue the patents by the order of the Secrecontrary, the said acts expressly prohibit❘ tary of the Treasury. patents from being issued. He contended, at some length, that Congress had the power to annul the patents thus issued, without legal authority, and contrary to the laws of Congress. He thought the amendment, though he did not object to it, was unnecessary. Mr. BAGBY said he had no idea of what was right or what wrong in the issuing of these patents; but he felt it to be his duty to express to the Senate his opinion that the whole subject was improperly there, unless Congress had the power to exercise judicial functions, and to pass an act invalidating patents issued by another department of the Government. If he was to understand by the amendment, the expression of an opinion that they had no jurisdiction over the question, he would not oppose it; but if its adoption authorized the committee to settle a judicial question, as involved in this land claim, then the amendment made the resolution itself more objectionable to him. Congress can make rules for the settlement of these land titles; but this was not deliberation about the rules for that purpose, but about the decision under those rules, which involved a judicial question to be settled by another tribunal, and not by Congress. According to the views of the honorable Senator from Louisiana, (Mr. JOHNSON,) there was something wrong done. If we had the power to correct the act of the Secretary of the Treasury in this question, he would ask whether they had not an equal Mr. HANNEGAN said he rose to make an explanation at the request of an individual. Happening in the General Land Office this morning on other business, the commissioner, who is a citizen of the State he (Mr. H.) in part represented on that floor, called his attention to the course of the Senate, and requested him, if the thing should be again agitated, and his (the commissioner's) name be brought up in connection with the issuing of these patents, to make an explanation for him. The Commissioners of the General Land Office from the time of Graham, decided against these claimants. That during the last summer, after being solicited, he resisted the issuing of those patents. Subsequently, the secretary took the whole matter out of his hands, and after examination thereof, returned them with an order to issue the patents and refund the money to the original purchasers. The Commissioner of the General Land Office feels that he has no alter-power in all other cases involving illegal denative left but to obey the order of his superior. The law only prescribes in ordinary sales of lands, that the commissioner has some control over the issuing of patents. But this is an extraordinary case. In contested pre-emption cases, and other litigated cases, such as this, the decision is made by the Secretary of the Treasury, and not by the Commissioner of the General Land Office. The commissioner is bound to obey his superior. He further stated Mr. JOHNSON again remarked that the resoto me, sir, that two patents were issued, cover-lution was one merely of inquiry; and contending 60,000 acres; and as soon as the questioned that in the cases where the land belonged to was agitated here, he refused to issue the other patents, and arrested the whole concern. He (Mr. H.) knew the commissioner long and intimately, and he knew that there was never to be found a man of more integrity; and if fraud and corruption shall be found to be at the bottom of this matter, his skirts will be clear. He is incapable of an improper transaction. Mr. JOHNSON said it was very far from his intention to attribute motives to the Commissioner of the General Land Office. So far from it, he entertained the highest opinion of his integrity, but he did say, and would repeat it, that in this particular case he is not under the direction of the Secretary of the Treasury. The law (that of 1814) directs him to do a particular act, and therefore the Secretary of the Treasury could not control him in that act. He presumed the commissioner, in yielding to the secretary, acted under a most pure motive. The commissioner now acts under the construction he (Mr. J.) gave the law. He refuses to obey the order of the secretary, and therefore cisions under law. If power was exercised such as was called for by the resolution, Congress would become the reservoir in which would be drawn all questions belonging to the jurisdiction of other departments of the Government exclusively. He could not vote for the resolution without the amendment, and then only with the impression that it rendered the resolution inoperative. the United States, and not to individual claimants, it would be impossible to have the patents annulled except by act of Congress, as they could not be carried before a judicial tribunal to have their validity tested. Mr. MOREHEAD had no objection to the reference of the whole subject to the committee. But he imagined that in an examination of the proceedings of the department, it would be found that there was nothing wrong. He understood, not from the Secretary however, that such was about the state of the question. The decision of the Secretary of the Treasury was founded on a construction of law, which was in his judgment correct, which rendered the certificate given by the board of commissioners conclusive. The courts of justice of Kentucky had never permitted them to go behind the certificates. The conclusion the secretary came to was, that these certificates of the board of commissioners were conclusive, and that he could not go behind them. He (Mr. M.) knew of no State in the United States which held to any other construction of law. In all, he believed the certificates were conclusive evidence of title. Mr. DAYTON said he had certainly, in offering his amendment, no intention of eliciting discussion. He did not anticipate any when he offered it; nor was it his purpose now to enter into a discussion of the merits of the controversy. But the phraseology of the resolution will explain at once what touches the proposed amendment. The resolution reads: "That the Committee on the Judiciary be instructed to inquire, whether or not the patents issued by order of the Secretary of the Treasury, in favor of certain claimants under the Houma grant, were not issued without authority of law, and in violation of the acts of Congress, &c., and into the expediency of passing a law declaring the said patents void." There is in the resolution an imperative instruction to the committee to make the inquiry, whether it be their right to do so or not. He did not wish, by the proviso, to intimate or preclude himself from expressing an opinion that they have any right, but to put in a protestanto to protect themselves from being placed by the resolution in a position which would, he conceived, compel them to make the inquiry without a legislative right to do so. He did not wish to intimate an opinion in reference to the matter. By the courts it has been decided that legislative bodies have no right to explain laws, but to make, and leave it for the courts to explain them. He did not wish to consume time to discuss the merits of this question. He only asked, for the reasons mentioned, that the proviso be adopted. If after looking fairly into the matter, the committee feel themselves authorized to make the inquiry, they can do so. Mr. JOHNSON accepted the amendment proposed, and the resolution was adopted. MONDAY, January 13. Annexation of Texas. Mr. FOSTER, of Tennessee, said, by permission of the Senate, he desired to offer to the consideration of that body a resolution on the subject of annexation. And before doing so, he desired further to remark that, in taking the step he was about to adopt, he had not previously taken counsel of, or conversed with, any gentleman on the floor of the Senate. He had studiously avoided all such interviews, he said, not out of any disrespect to the views or wishes of the honorable gentlemen with whom it was his pride to act on most occasions, nor with any sinister intent of embarrassing the great question to which he was about to direct their attention. But he had a duty, he said, to perform-a double duty-a duty to himself, and a duty to that portion of the people of the Union, whose commission he wore; and having deliberately made up his mind, he purposely avoided discussions, as he knew they must result in no change of convictions on his part. [JANUARY, 1845. As to himself, individually, he said he did not wish or intend to repress any longer, an open and candid acknowledgment of the anxieties he had always felt on this important subject. These anxieties had their birth with the first intimation of the late unwise and premature agitation of the subject by the American Government. Time and events, instead of soothing, had increased and aggravated the cares he was then confessing; and he doubted not but that many who heard him would take to their own bosoms similar sympathies. The subject of annexation (Mr. F. observed) presented to the decision of Congress a great matter. Its gravity and importance could not be mistaken by any reflecting mind. In his faithful opinion it involved the harmony of the nation, if not its foreign peace; and unless it should be fortunately adjusted-if adjusted at all-it would, in all probability, in some consequences not very remote, lead to a dissolution of the Union. In this painful light he had always contemplated the measure; and he saw nothing in the tone or the temper of the public mind to mitigate or remove his apprehensions. He could not, therefore, in the situation which he occupied, any longer observe that silence which most comported with his feelings and his disposition, and which the Senate would bear him witness was not unnecessarily broken in that assembly. On the subject of annexation, he had opinions (Mr. F. continued) which were not unknown to his constituents and the public. They had been freely, openly, and repeatedly expressed, here and elsewhere; and with some variations not intended now to be adverted to, they remained unchanged. He favored a union of the two republics, on just and proper principles alone, as he hoped and believed; but, at the same time, he did not wish or intend to conceal the sympathies that mingled with, and no doubt fortified and encouraged, his opinions. Texas, he said, if he had been rightly informed, was indebted to his own noble, gallant, and generous State for a large fraction of her population: he thought, indeed, he would not exaggerate if he should state that fraction at one-tenth of her people, including the descendants of her early settlers. He professed to have a heart, he said, and he hoped it would be always filled with enough of human benevolence to enable him to think kindly of those who had once been his friends and neighbors. These sentiments, however, had not governed or controlled his decision; they did not do so now, if he, happily, understood his own convictions; nor should they induce him, now or hereafter, to consent to any act in the details or the final consummation of this great business, that his best judgment did not honestly approve. Whilst, therefore, he was in favor of annexation, he should not hesitate to avow that he did not then see how he could give his support and consent to the measure, unless the principles and conditions incorporated in the proposi JANUARY, 1845.] Annexation of Texas. [28TH CONG. tion he was about to submit were fundamental | Texas, shall be transmitted to the President of the articles in the act of association. Sir, (said United States, to be laid before Congress for its Mr. F.,) I wish to be distinctly understood. final action, on or before the first day of January, These stipulations must be in that instrument one thousand eight hundred and forty-six. -fixed in their character, imperative hereafter upon Congress and the whole country, and forever inviolate and inflexible. So much for the substance of things, (Mr. F. continued ;) for he did not intend then, he said, to discuss the reasons that influenced his judgment and decision. If this should become necessary, another day and another occasion would better suit the task. 2. Said State, when admitted into the Union, after ceding to the United States all mines, minerals, salt lakes and springs, and also all public edi. fices, fortifications, barracks, ports and harbors, armaments, and all other property and means pernavy and navy-yards, docks, magazines, arms, taining to the public defence, belonging to said republic of Texas, shall retain all the public funds, debts, taxes, and dues of every kind, which may belong to, or be due or owing said republic; and shall also retain all the vacant and unappropriated lands lying within its limits, to be applied to the payment of the debts and liabilities of said republic of Texas; and the residue of said lands, after discharging said debts and liabilities, to be disposed of as said State may direct; but in no event are said debts and liabilities to become a charge upon the Government of the United States. 3. New States, of convenient size, and having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provisions of the federal constitution. And such States as may be formed out of that portion of said territory lying south of thirty-six degrees thirty minutes north latitude, commonly known as the Missouri compromise line, shall be admitted into the Union, with or without slavery, as the people of such State asking admission may desire. In regard to the form of the act, or, as the lawyers would call it, the "quo modo" of annexation, (Mr. F. said,) he was by no means determined. In fact, (he said,) he entertained great doubt, and he wished it to be explicitly understood that he did not intend to commit himself to the particular form he was then about to submit to the Senate. In other words, the paper in his hands contained the terms, but should not bind him to the forms of annexation; and he hoped that the discordant opinions of other honorable gentlemen-wiser than he pretended to be, and more practised in such great affairs-would excuse his present indecision. There was, however, on this branch of his subject, one thing he desired to state, and from which he hoped never to deviate. He was, he repeated, a friend to annexation; but he was resolved never to give the policy his support, either by resolution, by law, or by treaty, unless the form in which it was presented to him found its sanction in the broad face of the constitution, and among the precedents which the fathers of the republic had left behind them. In some one of these forms, (he said,) if they could happily agree, he had no doubt they could find a path to travel in, and there he was prepared to walk, if he could be accompanied by the principles he should now sub-lution on the subject that was now before them; mit. Mr. F. then submitted the following: Joint Resolutions declaring the terms on which 1. Be it resolved by the Senate and House of Representatives in Congress assembled, That Congress doth consent that the territory properly included within, and rightfully belonging to the republic of Texas, may be erected into a new State, to be called the State of Texas, with a republican form of government, to be adopted by the people of said republic, by deputies in convention assembled, with the consent of the existing Government, in order that the same may be admitted as one of the States of this Union. 2. And be it further resolved, That the foregoing consent of Congress is given upon the following conditions, and with the following guarantees, to wit: The joint resolutions were read the second time, and referred to the Committee on Foreign Relations. HOUSE OF REPRESENTATIVES. MONDAY, January 13. Mr. MILTON BROWN asked the unanimous consent of the House to introduce a joint reso that it take the usual course of twice reading, and be referred to the Committee of the Whole on the state of the Union. Mr. BRINKERHOFF objected. Mr. BROWN moved to suspend the rules for this purpose. The joint resolution of Mr. BROWN was read, as follows: Joint Resolution declaring the terms on which be Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress doth consent that the territory properly included within and rightly be longing to the republic of Texas, may be erected into a new State, to be called the State of Texas, with a republican form of government, to adopted by the people of said republic, by deputies in convention assembled, with the consent of the 1. Said State to be formed subject to the adjust-existing Government, in order that the same may ment by this Government of all questions of boundary that may arise with other Governments; and the constitution thereof, with the proper evidence of its adoption by the people of said republic of be admitted as one of the States of this Union. 2. And be it further resolved, That the foregoing consent of Congress is given upon the following conditions, and with the following guarantees, to wit: 1. Said State to be formed, subject to the adjustment by this Government of all questions of boundary that may arise with other Governments; and the constitution thereof, with proper evidence of its adoption by the people of said republic of Texas, shall be transmitted to the President of the United States, to be laid before Congress for its final action, on or before the first day of January, one thousand eight hundred and forty-six. 2. Said State, when admitted into the Union, after ceding to the United States all mines, minerals, salt lakes and springs, and also, all public edifices, fortifications, barracks, ports and harbors, navy and navy-yards, docks, magazines, arms, armaments, and all other property and means pertaining to the public defence belonging to said republic of Texas, shall retain all the public funds, debts, taxes, and dues of every kind which may belong to, or be due and owing said republic; and shall also retain all the vacant and unappropriated lands lying within its limits, to be applied to the payment of the debts and liabilities of the said republic of Texas, and the residue of said lands, after discharging said debts and liabilities, to be disposed of as said State may direct; but in no event are said debts and liabilities to become a charge upon the Government of the United States. 3. New States of convenient size, and having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provisions of the federal constitution. And such States as may be formed out of that portion of said territory lying south of 36 degrees 30 minutes north latitude, commonly known as the Missouri compromise line, shall be admitted into this Union with or without slavery, as the people of each State asking permission, may desire. The question being taken, was decided in the affirmative without a division. So the rules were suspended. (JANUARY, 1845. After a word from Mr. PAYNE, Mr. HOPKINS moved the previous question, which was seconded, and the main question was ordered; and being taken, was decided in the affirmative by a unanimous vote. and now acting clerk, is the elected clerk of Thus B. B. French, Esq., first assistant clerk, the House of Representatives for the unexpired term of the present Congress. IN SENATE. MONDAY, January 20. Missouri on Annexation. Mr. BENTON presented the resolutions of the General Assembly of the State of Missouri in favor of the annexation of Texas, and requested that they might be read; which was done accordingly, in the following words: Resolved by the General Assembly of the State of Missouri, 1. That, in the opinion of this General Assembly, the reannexation of Texas to the United States is a great national measure, demanded by a large majority of the people of this State, and that the safety and interests of both Governments require and demand it at the earliest practicable period. 2. That the republic of Texas is a free and independent State; and thats he acquired her independence, and her territory, in a manner which left no stain upon the honor of her people. 3. That Texas has given to the world ample and sufficient evidence of her disposition and ability to maintain her independence, and the exalted station she has assumed among the nations of the earth. 4. That the Government of Texas has the indisputable right to transfer, and the Government of the United States the right to accept, the territory of Texas, without the consent of, and without givMr. BROWN accordingly offered the resolu- ing any just cause of offence to any other power: protion, and he moved its reference to the Com-vided, however, that the boundary line between the mittee of the Whole on the state of the Union. The question was taken; and the resolution having been read a first and second time, was referred to the Committee of the Whole on the state of the Union. SATURDAY, January 18. Election of Clerk. Mr. HOPKINS rose and said that, under the 14th rule of the House, they were required to vote in the election of officers in this House, viva voce. With reference to the election of clerk, there was perfect unanimity. To avoid delay and trouble, he moved that the 14th rule be suspended, for the purpose of receiving and acting on the resolution which he sent to the Chair. The resolution was read, as follows: Resolved, That B. B. French be, and he is hereby, appointed Clerk of this House. The question was taken, and the rules were suspended. Mr. HOPKINS then offered the resolution. annexed territory and Mexico is left open to future negotiation between the United States and Mexico. 5. That, in the opinion of this General Assembly, a great majority of the people of this State prefer that Texas should be annexed to the United States without dividing her territory into slaveholding and non-slaveholding States; but leaving that question to be settled by the people who now, or may hereafter, occupy the territory that may be annexed. 6. That the people of Missouri regarded the annexation of Texas to the United States so essential to the interests of this State, and of the whole United States, that, rather than fail in the consummation of this object, if it cannot be effected in accordance with the principles set forth in the sonable and just compromises, approximating as above resolutions, they would consent to such reanear as possible to those principles, as may be indispensably necessary to secure the accomplishment of the measure, and preserve the peace and har mony of the Union. 7. That our Senators in Congress be instructed, and our members of the House of Representatives be requested, to use their best exertions in behalf of the annexation of Texas to the United States, in conformity with the wishes of the people of Missouri, as expressed in the above resolutions. JANUARY, 1845.] Admitting Texas into the Union-Mr. Boyd's Plan. [28TH CONG. 8. That the Secretary of State is hereby required | of an American citizen could scarcely rest upon to forward to each of our Senators and Representatives in Congress a copy of these resolutions. Mr. B. moved that the resolutions be printed, and be referred to the Committee on Foreign Relations; and, before the vote was taken on his motion, he proceeded to make some remarks it, without deriving inspiration from it, and producing in the heart emotions of gratitude. part, that he desired to see all these memorials It was with this sort of feeling upon his own and remembrances presented to the eyes of our citizens; and it was in this spirit that he offered The resolution was then adopted. the resolution. TUESDAY, January 21. The PRESIDENT pro tem. laid before the Senate the credentials of the Hon. DANIEL STURGEON, re-elected by the legislature of Pennsylvania a Senator from that State for six years, from the 3d of March next; also the credentials of Hon. JOHN M. CLAYTON, elected by the legislature of Delaware, a Senator from that State for six years, from and after the 3d day of March next; which were severally read, and ordered to be placed upon file. in favor of the resolutions and of the General Assembly which had passed them. They were drawn, he said, in the proper spirit. The State of Missouri was more deeply interested in the annexation of Texas than any other State in the Union, but was willing to agree to the compromises which the peace and harmony of the Union required. This was patriotic and wise, and worthy of the spirit in which the constitution was formed. It was an example worthy to be followed by other States. It was in conformity to the letter-paternal and immortal it ought to be called-which General Washington addressed to the States, when he presented to them for their acceptance that sacred constitution under which we now live. The Father of his Country then declared that the spirit of compromise had established the constitution-that there could have been none if each State had insisted upon having her own will. Thus the constitution was formed; thus Admitting Texas into the Union-Mr. Boyd's HOUSE OF REPRESENTATIVES. TUESDAY, January 21. Plan. Mr. BOYD presented his resolution, as fol only could it be preserved; and he (Mr. B.) Statue of Washington. Mr. CRITTENDEN submitted the following resolution: Resolved by the Senate of the United States, That the Committee on the Library be instructed to inquire into the expediency and propriety of employing Luigi Persico to execute, for the United States, an equestrian statue, in bronze, of George Washington. Mr. C. had not half a dozen words to say on this subject; and he could well desire to give it into other and abler hands. Mr. Persico was well known as an artist of great distinction and eminence, and had long been in the service of the United States. He need say nothing of his talents. The object of the resolution was to obtain a statue in bronze of General Washington. The pride and gratitude of this country could never be exhausted in multiplying memorials of this great man-whose name was connected with all that was great in the history of our country. All that remained for us to do was to signalize him as far as we could, in presenting him to the eyes and feelings of the country. These sort of memorials, though silent and inanimate, spoke a language to the American heart, eloquent above all others. It was said of the fabled statue of Memnon, that when the sun's first beams struck it in the morning, music was heard to issue from it. He could say, in a less poetic temper, of this memorial of General Washington, that the eye Joint Resolution providing for the admission of Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress doth consent that the territory rightfully included within the limits of Texas be erected into a new State, to be called the State of Texas, with a republican form of govern ment, to be adopted by the people of Texas, with the consent of the existing Government, upon the following conditions and guarantees; which, when adopted as aforesaid, shall be obligatory as well upon the people of Texas as upon the United States. First. That said State be formed subject to the adjustment, by the Government of the United States, of all questions of boundary that may arise with other Governments. Second. That the constitution of said State of Texas, with the proper evidence of its adoption by the people thereof, be transmitted to the President of the United States, that the same may be laid before Congress at its next session. Third. Said State, when admitted into the Union, after ceding to the United States all fortifications, barracks, ports and harbors, navy and navy-yards, docks, magazines, arms, armaments, and all other property and means pertaining to the public defence belonging to Texas, shall retain all the public belong to, or are due or owing to Texas, and shall funds, debts, taxes, and dues of every kind which also retain all the vacant and unappropriated lands lying within its limits, to be applied to the payment of the debts and liabilities of Texas; and the resi due of said lands, after discharging said debts and liabilities, to be disposed of as said State may direct; but in no event are said debts and liabilities |