To the Senate:
I have learned that the Senate has laid on the table the nomination, heretofore made, of Reuben H. Walworth to be an associate justice of the Supreme Court, in the place of Smith Thompson, deceased. I am informed that a large amount of business has accumulated in the second district, and that the immediate appointment of a judge for that circuit is essential to the administration of justice. Under these circumstances I feel it my duty to withdraw the name of Mr. Walworth, whose appointment the Senate by their action seems not now prepared to confirm, in the hope that another name may be more acceptable.
The circumstances under which the Senate heretofore declined to advise and consent to the nomination of John C. Spencer have so far changed as to justify me in my again submitting his name to their consideration.
I therefore nominate John C. Spencer, of New York, to be appointed an associate justice of the Supreme Court, in the place of Smith Thompson, deceased.
JOHN TYLER.
VETO MESSAGES.[134]
WASHINGTON, December 18, 1843.
To the House of Representatives:
I received within a few hours of the adjournment of the last Congress a resolution "directing payment of the certificates or awards issued by the commissioners under the treaty with the Cherokee Indians." Its provisions involved principles of great importance, in reference to which it required more time to obtain the necessary information than was allowed.