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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Executive Journal --THURSDAY, August 18, 1842.
Mr. Conrad submitted the following resolution:
Resolved, That the President be requested to furnish to the Senate all documents on file in the State Department connected with the liberation of certain slaves, the property of American citizens, which were taken from the wreck of the schooner Hermosa, near Abaco, were carried into Nassau, and then liberated by the colonial authorities; also copies of any correspondence which may have taken place on the subject of said slaves between the minister of the United States at the court of St. James and the British Government.
The Senate, by unanimous consent, proceeded to consider the said resolution, and agreed thereto.
Ordered, That the Secretary lay the said resolution before the President of the United States.
The Senate resumed, as in Committee of the Whole, the consideration of the treaty with Great Britain; and,
After debate,
On motion by Mr. King,
Ordered, That it be postponed to and made the order of the day for to-morrow at half past eleven o'clock.
The following message from the President of the United States was received, by Mr. Tyler, his secretary:
To the Senate of the United States:
I transmit to the Senate, for its consideration with a view to its ratification, a treaty of amity, commerce, and navigation with the Republic of Texas, negotiated at the seat of Government of the United States, between the Secretary of State, duly empowered for that purpose, and the chargé d'affaires of that Republic.
In forming the first commercial treaty between the two Governments an anxious desire has been felt to introduce such provisions as should promote the interests of both countries. The immediate proximity of Texas to the United States, and the consequent facility of intercourse, the nature of its principal agricultural production, and the relations which both countries hear to several large rivers which are boundaries between them, and which, in some part of their course, run within the territories of both, have caused peculiarities of condition and interests which it has been necessary to guard.
The treaty provides that Texas shall enjoy a right of deposit for such of her productions as may be introduced into the United States for exportation, but upon the condition that the Executive of the United States may prescribe such regulations as may be necessary for the proper enjoyment of the privilege within our territory. It was thought no more than reasonable to grant this facility to the trade of Texas, under such
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conditions as seem best calculated to guard against abuse or inconvenience.
The treaty further provides that raw cotton may be imported from either country into the other free of duties. In general it is not wise to enter into treaty stipulations respecting duties of import. They are usually much better left to the operation of general laws. But there are circumstances existing in this case which have been thought to justify a departure from the general rule, and the addition of it to the number of instances, not large, in which regulations of duties of imports have been made the subject of national compact.
The United States consume large quantities of raw cotton, but they are exporters of the article to a still greater extent. Texas, for the present at least, exports her whole crop. These exportations are in general to the same foreign markets; and it is supposed to be of no considerable importance to the American producer whether he meets the Texan product at home or abroad.
On the other hand, it is thought that a useful commercial intercourse would be promoted, in several ways, by receiving the raw cotton of Texas at once into the United States free of duty. The tendency of such a measure is to bring to the United States, in the first instance, Texan cotton ultimately destined to European markets. The natural effect of this, it is supposed, will be to increase the business of the cities of the United States to the extent of this importation and exportation, and to secure a further degree of employment to the navigation of the country. But these are by no means all the benefits which may be reasonably expected from the arrangement. Texas, at least for a considerable time to come, must import all the manufactured articles and much of the supplies and provisions necessary for her use and consumption. These commodities she will be likely to obtain, if to be had, in the markets of the country in which she disposes of her main annual product. The manufactures of the North and East, therefore, and the grain and provisions of the Western States, are likely to find in Texas a demand, increased by whatever augments intercourse between the two countries, and especially by whatever tends to give attraction to the cities of the United States as marts for the sate of her great and principle article of export.
As a security, however, against unforeseen results or occurrences it has been thought advisable to give this article of the treaty a limitation of five years.
JOHN TYLER.
Washington, August 18, 1842.
The message was read.
The treaty with the Republic of Texas was read twice by unanimous consent.
On motion by Mr. King,
Ordered, That the treaty, with the message, be referred to the Committee on Foreign Relations, and printed in confidence for the use of the Senate.
On motion by Mr. Preston,
The Senate proceeded to consider the nominations of W. J. Worth, W. W. Morris, Robert Anderson, James R. Irwin, John F. Lee, W. H. T. Walker, J. E. Johnston, William Alburtis, and Douglas S. Irwin; and
Resolved, That the Senate advise and consent to the appointment of the said persons, agreeably to their nominations respectively.
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On motion by Mr. White,
Ordered, That the nomination of Thomas Childs lie on the table.
Mr. Preston, from the Committee on Military Affairs, to whom was referred, on the 17th May last, the nomination of George Andrews, reported.
Whereupon
Resolved, That the Senate advise and consent to his appointment, agreeably to the nomination.
Mr. Evans, from the Committee on Finance, to whom was referred, on the 27th July, the nomination of William M. Carpenter, reported.
Mr. Archer, from the Committee on Naval Affairs, to whom was referred, on the 21st July, the nomination of William Dulany, reported.
Mr. Smith, of Indiana, from the Committee on Public Lands, to whom was referred, on the 10th instant, the nomination of Joshua Jones, reported.
The Senate proceeded to consider the nomination of Phineas W. Leland; and,
After debate,
On the question, Will the Senate advise and consent to the appointment of Phineas W. Leland?
On motion by Mr. Wright,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Benton, Buchanan, Cuthbert, Fulton, King, Linn, Rives, Sevier, Smith of Connecticut, Tappan, Walker, Wilcox, Williams, Woodbury, Wright, Young.
Those who voted in the negative are,
Messrs. Archer, Barrow, Bates, Choate, Conrad, Crafts, Crittenden, Dayton, Evans, Graham, Henderson, Huntington, Mangum, Miller, Morehead, Phelps, Porter, Preston, Simmons, Smith of Indiana, Sprague, Tallmadge, White.
So it was
Resolved, That the Senate do not advise and consent to the appointment of Phineas W. Leland to be collector of the customs at Fall River, Massachusetts.
The President pro tempore informed the Senate that the Secretary, having laid before the President of the United States the resolution passed this day requesting the documents and correspondence relative to the slaves on board the Hermosa, the papers asked for were forthwith delivered to him by the Secretary of State with a request that as they were originals they might at a proper time be returned to the Department.
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