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The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, August 21, 1841, Image 1

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Bdltor auA Propria tor.
Lewis H. Douuowu, 34 Catharine street, Phi
iadeiphta. / , -
J. ILWelimn, Pittsbvrg, Pa.
C. W. Jamks, Cincinnati, Ohio,
tinner 8. Meaca, 484 Bowarr New York.
Geonua W. Bull, Buffalo, N. York.
I.rna R Hnw Alihurn Na* v..rt
frrur anus Stbvbnb, New, Haven, Ct. j
E. B. Foster, Boston, Majm.
?u Twomaa U. Wiucv, C&hawba, Alabama.
Weston F, Birch, Fayette, Missouri.
Ihkabi. Bjussku,, Harper'a Ferry, Va.
Jusiau Snow, Detroit, Michigan.
Fowasa A Wood ward, St. Louie, Mo.
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A liberal discount will be made to companies of/le
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Letters and communications intended for the estab
Iunn^ii win noi otj recw*eu ujucm me yutn.u.^m %*
?toeM8*&etoetuii Congress.
Saturday, August 14, 1841.
The bill from the House, to extend the time of is
suing the Virginia military land warrants, was read <
third time and passed.
The bill to provide for the distribution of the sixtl
census was read a third time and passed.
Mr. LINN submitted a resolution calling on th<
Postmaster General for information, at the present o
next session, as to the number of new post routes ere
ated in Missouri since the 4th of March, the modes it
which the mail is transported, and the number o
routes discontinued by law.
The resolution submitted by Mr. Smith, of India
na, in relation to the providing by law, at the presen
I session, to enable the Postmaster General to Iiquidat
the dues from the Post Office to the contractors, wa
I taken up and passed.
Mr. SEVIER introduced a resolution calling onth
Postmaster General for information as to any change
in the mail routes in the State of Arkansas, since tn
4th of March last, the modes #f conveyance, and whe
I " ther daily, tri-weekly, or weekly.
Mr. HENDERSON also introduced a resolution ii
relation to mail routes.
The resolution submitted by Mr. Clay, of Alaba
mi, calling on the Secretary ot the Treasury torepoT
without delay as to the causes why the resolution sub
milted by him at the last session, calling for the issue
made of scrip connected with Virginia military lani
warrants, had not been answered, was taken up.
Afler brief conversation by various Senators, th<
resolution was modified by erasing the words " will
out delay," and then adopted.
Mr. SEVIER said the hour had arrived for pro
ceeding to the consideration of the orders of the day
Mr. SMITH, of Indiana, said he would not cal
up the bill. There had been an understanding amonj
the Senators who had gone to Annapolis that the bil
should not be taken up in their absence, to which h
had yielded a reluctant assent. Under these circum
stances, he would rather it be postponed till Monday
Mr. SEVIER insisted upon the orders of the day
Yesterday, when he moved to adjourn over, it was ob
jected toon the other aide, and he withdrew the mo
lion ; anu, wnne ne nau remained to aiienu 10 nis ou
sines*, he fund on coming here this morning, that lb
most of (hem had gone.
Mr. CALHOUN moved to adjourn; bat the mo
tion was lost.
After some further remarks from Messrs. SEVIER
GUM, and othersMr.
HENDERSON moved to postpone the orden
of the day for the purpose of taking up a resolutioi
, which he had submitted.
Mr. SEVIER asked the yeas and nays, and said b<
should resist it if he stood alone.
And the question having be?n taken, it was decidei
in the affirmative, as follows:
YEAS?Messrs. Archer, Bayard, Benton, Buchanan,Calhoun,
Clay, of Alabama,Clayton,Graham
Henderson, Huntington, King, Linn, Mangum, Mil
ler, Mo rob cad, Mouton, Phelps, Prentiss, Simmons
Smith, of Indiana, Southard, Tallmadge, Tappan
Woodhridge, Woodbury?25.
NAYS?Meesers. Berrien, Clay, of Ken., Dixon
Pulton, Nicholson, Pierce, Rives, Sevier, Stuigeon
On motion of Mr. HUNTINGTON, the Senati
proceeded to the consideration of Executive business
and, after a short time spent therein, adjourned.
Monday, Aug. 16, 1841.
Mr. CLAY presented the proceedings and resolu
tions of a highly respectable meeting of citizens o
Buckingham county, Virginia, declaring theconstitu
tionality of a National Bank, and expressing an anx
ious wish that it be established at this extra session
against the sub-Treasury, and desiring its repeal.?
Mr. C. said he was very happy that the latter part o
their wish had been complied with, and he ho|ied although
he must confess it was hoping against hop?
?that their other desire would be ful6l!ed, and that i
Bank would be established this session. The meet
ing also approved of the measures of this session, th?
Distribution bill and Bankrupt law, and denounced
in the high character of Virginia faith, the threat fron
these Halls of a repeal of the Bank, as violating th<
On bis motion the proceedings were laid on the tobl<
and ordered to be printed.
Mr. WRIGHT presented a communication fron
importers and traders of jewelry in the city of New
York, giving it as their opinion that an increase o
duty on articles of jewelry would diminish the rave
nue, from that source, the articles being so easilt
smuggled into our ports. It was accompanied
with an expression of a similar opinion from the fol
lector of the port of New York. The communicatioi
was laid on the table and ordered to be printed.
The bill to distribute the returns of the 6th censu
was received from the House, with amendments, am
referred to the Committee on the Judiciary.
The resolution of Mr. LINN, requesting the Pre
sident of the United States to give notice to the Bri
tish Government, under the Convention of 18*27, it
order to put an end to the joint occupation of Oregoi
Territory, came up.
Mr. LINN advocated it, at some length, detailing
the disadvantages under which our citixens, settlers ii
that Territory, now latmred, also glancing at the va
rious causes of a rupture between the two Govern
menls, which event he thought must happen, and fo
which this Government ought now to prepare.
, Mr. PRESTON would prefer before so conclusiv
a step was taken by the Senate, that the matter shouli
bo referred to the Committee on Foreign Relation*
It was the interest and policy of both nations, tha
peace bet ween them should continue; not only did i
affect the interests of the two nations, but of th
whole world, and was intimately connected with th
progress of civilization; although disturbances ha
arisen, he hoped they would be calmed without th
sword of war. and therefore he would not give an
additional cause for them. He detailed briefly th
circumstances which conduced to the importance c
this territory and held that settlers there should b
protected. He would not thrust the condition c
things on our Noithwestern frontier so obtrusive!
y into the present condition ot negotialio.se between th
two Governments. For the purpose of full deliberr
tion, he would suggest that the matter be refened t
the Committee ou Foreign relations, that they mak
a repo t on it.
Mr. LINN made some further remarks. lis dt
not wish to s e action on atiy cause of collision b?
tween the two countries suspended, because every m<
ment it was suspended the claims of our adversar
grew stronger. He looked at this matter of diflercnc
with a degree of almost certainty that a war woul
. ?P"?' - ]S*: ^
* /
. , . . /
VOL. IV NO. 34.]
take place; and be wiahed to see our country in a state
of defence.
Mr. BENTON expressed bis intention of offering
some remarks on this subject, and it was laid over.
The resolution of Mr. SEVIER instructing the
Postmaster General to lay before the Senate inrorma,
lion with regard to the changes, if any, made by him,
, in the transportation of the public mails in the States
and Territories, was adopted. ,
The Senate then proceeded as in Committee of the
whole, to the further consideration of < THE
Mr. CLAY, of Alabama, moved to strike out the
provision, that no person shall receive the benefits of
pre-emption, who has abandoned or quit his own reai,
deuce on the public lands. After some conversation
9 on this, it was passed informally.
Mr. CLAY, of Ala., moved to insert at the 12th
' line, 1st section, a provision that no distribution shall
take place when there is not in theJTreasury a surplus
j equivalent to the amount of the nett proceeds of the
public lands, after meeting all demands against the
Treasury, and leaving, moreover, in the Treasury, a
reserve fund of two millions, for contingencies.
e His object in offering this amendment was to guard
against taxing the people from time to time for distribution,
and that distribution should take place only
when there was a surplus in the Treasury equal to
the land fund, and a reserve fund of two millions
Mr. SMITH, of la., said the amendment was directly
opposed to the bill; it repudiated the whole
* principles of the measure; it was a question of
"bill or no bill." So long as they looked to the land
fund as a portion of the ordinary source of revenue,
there never would be a surplus collected from other
sources. He considered if this amendment prevailed,
distribution wouiu be at an end; and he hoped it
would be voted on in that manner.
Mr. CLAY, of Alabama, briery further explained
his amendment, and repudiated the idea of distribution,
when it was to be sustained by taxation of the
. People.
i Mr. BENTON held the bill to be the most unconstitutional
that was ever presented to the Senate; in
i that respect, it was entirely unprecedented. He did
not now oppose it as a distribution of the proceeds of
b the public lands, but as an insidious attempt to seize
r on the Custom house revenue. He contended that
. the bill was manifestly unequal in its operations, casti
ing great and disproportionate burdens on the exportf
ing States. He spoke at length against the bill, and
gave notice that he should oiler amendment on ainend
inent, till the principles of the bill were fairly undert
president's veto message.
The Message ef the President of the United Slates
e returning the Fiscal Bank Bill with objections, was
B here received, and the Lane Bill was passed infore
_ The Message was read by the Secretary, and is as
1 To the Senate of the United States:
The bill entitled 41 An act to incorporate the
1 subscribers to the Fiscal Bank of the United
g States," which originated in the Senate, has
1 been considered by me, with a sincere desire to
b conform ray action in regard to it, to that of the
! two Houses of Congress. By the Constitution
it is made my duty either to approve the bill by
signing it, or to return it with my objections, to
I the House in which it originated. I cannot
| conscientiously give it ray approval, and I proe
ceed to discharge the duty required of me by the
Constitution?to give my reasons for disap
' The power of Congress to create a National
- Bank to operate per ae over the Union, has
* been a question of dispute from the origin of
our Government. Men most justly and de.
servedly esteemed for their high intellectual
endowments, their virtue, and their patriotism,
> have, in regard to it, entertained different and
conflicting opinions. Congresses have differed,
i The approval of one President has been follow1
ed by the disapproval of another. The People, at
e different times, hare acquiesced in decisions both
j for and against. The country has been, and still
is, deeply agitated by this unsettled question. It
will suffice for me to say, that my own opinion
, has been uniformly proclaimed to be against the
exercise of any such power by this Government.
' On all suitable occasions, during a period of twenty'
live years, the opinion thus entertained has been
i unreservedly expressed. I declared it in the Legisla'
ture of my native State. In the House of Representatives
of the United States it has been openly vindi9
cated by me. In the Senate Chamber, in the presence
' and hearing of many who are at this time members of
that body, it has been affirmed and reaffirmed, in
speeches and reports there made, and by votes there
recorded. In popular assemblies I have unhesitatingly
announced it; and the last public declaration which
f I made, and that bat a short time before the late Pre.
sidential election, I referred to my previously express
ed opinions as being those then entertained by me.?
> With a full knowledge of the opinions thus entertainf
ed, and never concealed, I was elected by the People
- Vice President of the United States. By the occur3
rcnce of a contingency provided for by the Constitution,
and arising under an impressive dispensation of
, Providence, I succeeded to the Presidential office.?
, Before entering upon the duties of that office, I took
1 an oath that, I would " preserve, protect, and defend
the Constitution of the United States." Entertaining
; the opinions alluded to, and having taken this oath,
the Senate and the country will see that I could not
1 give my sanction to a measure of the character desf
cribed, without surrenderiryg all claim to the respect of
- honorable men?all confidence on the part of the Peo'
pie?all self-respect?all regard for moral and religious
obligations, without an observance of which no govi
ernment can be prosperous, and no people can be happy.
It would be to commit a crime which 1 would not
J wilfully commit to gain any earthly reward, and which
would justly subject me to the ridicule and scorn of
- all virtuous men.
I deem it entirely unnecessary at this time to enter
' upon the reasons which have brought my mind to the
conviction I feel and entertain on this subject. They
{ have been over and over again repeated. If some of
1 those who have preceded me this high office havs
~ entertained and avowed different opinions, I yield all
w confidence that their convictions were sincere. I
claim only to have the same measure meted out to
? myaelf. Without going further into the argument, I
u will say that, in looking to the powers of this Govern it
ment to collect, safely keep, and disburse the public re1
venue, and incidentally to legulate the commerce and
? exchange*, 1 have not been able to satisfy myself that
J the establishment by this Government of a bank of
0 discount, in the ordinary acceptation of that term, was
J a necessary means, or one demanded by propriety, to
,f execute those powers. What can the local discounts
e of the bank have to do with the collecting, safe-keep^
ing, and disbursing of the revenue 1 So far as the
e mera discounting of paper is concerned, it is quits iini
material to this question whether the discount is ob
o tained at a Slate bank or a United Stales Bank.
e They are both equally local?both beginning and
j both ending in a local accommodation. What influj
ence have local discounts, granted by any form of
bank, in the regulating of the currency and the exy
changes 1 Let the history of the late United States
j Bank aid us in answering this inquiry.
For several years after the establishment of that institution,
it dealt almost exclusively in local discounts ;
and during that period the country was, for tire most
part, disappointed in the consequences anticipated
from its incorporation. A uniform currency was not
provided, exchanges were not regulated, and Httle or
nothing was added to the general circulation; and in
1820 its embai rassments had become so great,' that
the directors petitioned Congress to repeal that ar"
tide of the charter which made its notes receivable
everywhere in payment of the public dues.
It bad, up to that period, dealt to but a very small extent
in exchangee, either foreign or domestic, and as
late ad 1823 its operations in (hat line amounted to a
little more than seven millions of dollars per annum.
A very rapid augmentation soon after occurred, and in
1833 its dealings in the exchanges amounted to upwards
of one hundred millions of dollars, including the soles
of its own drafts; and all these immense transactions
were effected without the employment of extraordinary
means. The currency of the country became sound,
and the negotiations in the exchanges were carried on
at the lowest possible rates. The circulation was in'creased
to inure than $22,000,000, and the notes of
the bank were regarded as equal to specie all over the
country; thus showing, almost conclusively, that it
was the capacity to deal in exchanges, and not in local
discounts, which furnished these facilities and advantages.
It may be remarked, too, that notwithstanding
the immense transactions of the bank in the purchase
of exchange, the losses sustained were merely nominal;
while in the line of discounts the suspended
debt was enormous, and proved most disastrous to the
bank and the country. Its |>ower of local discount
has, in fact, proved to be a fruitful source of favoritism
and corruption, alike destructive to the public morals
and to the general weal.
The capital invested in banks of discount in the
United States, created by. the States, at this time exceeds
$350,000,000; and if the discounting of local
paper could have produced any beneficial effects, the i
United States ought to possess the soundest currency I
in the world; but the reverse is lamentably the i
Is the measure now under consideration, of the ob- i
jectionabln character to which I have alluded! It is
clearly so, unless by the 16th fundamental article of
the 11th section, it is made otherwise. That article is
in the following words:
" The directors of the said corporation shall esta"blieh
one competent office of discount and deposit in
"any State in which two thousand shares shall have
"been subscribed, or may be held, whenever, upon application
of the Legislature of such State, Congress
"may by law require the same. And the said directors
may also establish one or more competent offices
"of discount and deposit in any Territory or District
"of the United States, and in any State, with the as"scntof
such State: and when established, the said
"office or offices shall be only withdrawn or removed
"by the said directors prior to the expiration of this
"charter, with the previous assent of Congress: Pro"vided,
in respect to any State which shall not, at the
"first session of the Legislature thereof, held after the
"passage of this act, by resolution, or other usual legislative
proceeding, unconditionally assent or dis"sent
to the establishment of such office or offices
"within it, such assent of the said State shall be thereafter
presumed: And provided, never littlest, That
"whwM??r it halt become necessary and proper for
"carrying into execution any of the powers granted
"by the Constitution, to establish an office or offices,
"in any of the States whatever, and the establishment
"thereof shall be directed by law, it shall be the duty
"of the said directors to establish such office or offices
It will be seen that by this clause the directors are
invested with the fullest power to establish a branch
in any State which has yielded its assent; and having
once established such branch, it shall not afterwards
be withdrawn, except by order of Congress. Such
assent is to be implied, and to have the force and
sanction of an actually expressed assent, "provided in
resDect toanv State which shall not at the tirat station
of the Legislature thereof, held after the passage of
this act, by resolution or other usual legislative proceedings,
unconditionally assent or dissent to the establishment
of such office or offices within it, such
assent of said State shall be thereafter presumed."?
The assent or dissent is to be expressed unconditionally
at the first session of the Legislature, by some
formal legislative act; and if not bo expressed, its
assent is to be implied, and the directors are thereupon
invested with power, at such time thereafter as they
may please, to establish branches, which cannot afterwards
be withdrawn, except by resolve of Congress.
No matter what may be the cause which inay operate
with the Legislature^ which cither prevents it from
speaking, or addresses itself to its wisdom, to induce
delay, its assent is to be implied. This iron rule is to
give way to no circumstances?it is unbending and
inflexible. It is the language of the master to the
vassal?an unconditional answer is claimed forthwith,
and delay, postponement, or incapacity to answer, produces
an implied assent, which is ever after irrevocable.
Many of the State elections have already taken
place, without any knowledge, on the part of the People,
that such a question was to come up. The representatives
may desire a submission of the question to
their constituents preparatory to final action upon it,
but this high privilege is denied ; whatever may be the
motives and views entertained by the Representatives
of the people to induce delay, their assent is to be pre...
1 1 !. ..... O..1,, M.JU. rtitl..aa lk.i. .i:..
BuiiirU| aim 10 c?ci niivmaiva uiiium^j uuiroo men ui*~
sent shall be unconditionally expressed at their first
session after the passage of this bill into a law. They
may, by formal resolution, declare the question of assent
or dissent to be undecided and postponed; and
yet, in opposition to their express declaration to the contrary,
theii assent is to be implied. Cases innumerable
might be cited to manifest the irrationality of such an
inference. Let one or two in addition suffice. The
popular branch of the Legislature may express its dissent
hy an unanimous vote, and its resolution may be
defeated by a tie vote of the Senate, and yet the assent
is to be implied. Both branches of the Legislature
may concur in a resolution of decided dissent,
and yet the Governor may exert the vtto power conferred
on him by the State Constitution, and their legislative
action be defeated ; and yet the assent of the
legislative authority is implied, and the directors of
this contemplated institution are authorized to establish
a branch or branches in such State whenever they
may find it conducive to the interest of the stockholders
to do so; and having once established it, they can
under no circumstances withdraw it, except by act of
Congress. The State may afterwards protest against
such unjust inference, but its authority is gone. Its
assent is implied by its failure or inability to act at its
C- . i? ?J .ft 1? I.,,
iirwi unisiun, miu lis vuur tmi newi aucmaiu. wv
h?,j. To inferences so violent, and, a* they arem
to mc, irrational, I cannot yield ray consent. No court
of justice would or could aanction them, without revetting
all that ia established in judicial proceeding,
by introducing presumptiona at variance with fact, and
inferences at the eipense of reason. A Slate in a
condition of dure** would be prcrumcd to speak, as an
individual, manacled and in prison, might be presumed
to he in the enjoyment of freedom. Far better to say
to the States boldly and frankly?Congress wills, and
submission is demanded.
it may be said that the directors may not establish
branches under such circumstances. But this is a
question of power, and this bill invests them with full
authority to do so. If the Legislature of New York,
or Pennsylvania, or any other State, should be found
to be in surh condition as 1 have supposed, could
there be any security furnished against such a
step on the part of the directors'! Nay, is it not
fairly to be presumed that this proviso was introduced
for the sole purpose of meeting the contingency referred
to1 Why else should it have been introduced 1 And
I submit to the Senate, whether it can be believed
that any Slate would be likely to sit quietly down under
such a state of things 1 In a great measure of
public interest their patriotism may be successfully
appealed to; but to inter their assent from circumstances
at war with such inference, I cannot but regard
as calculated to excite a feeling at fatal enmity
with the peace and harmony of the country. I must,
therefore, regard this clause as asserting the power to
be in Congress to establish offices of discount in a
State, not only without its assent, but against its dis Anl
un.1 an ?mn]inir it I ..nn.J Mtutiftil it On
general principle*, the right in Congress to prescribe
terms to any State, implies a superiority of power and
control, deprives the transaction of all pretence to
compact between them, and terminates, as we have
seen, in the total abrogation of freedom of action on
the part of the States. But further, the State may express,
after the most solemn form of legislation, its
dissent, which may from time to time thereafter
be repeated, in full view of its own interest,
which can never be separated from the wise and
beneficent operation of this Government; and
yet Congress may, by virtue of the last proviso,
overrule its law, and upon grounds which, to
such State, will appear to rest on a constructive necessity
and propriety, and nothing more. I regard the
bill as asserting for Congress the right to incorporate
a United States Bank with power and right to establish
offices of discount and deposit in the several
States of this Union, with or without their consent; a
principle to which 1 have always heretofore been opposed,
and whi;h can never obtain my sanction. And
waiving all other considerations growing out of its
other provisions, I return it to the House in which it
originated, with these my objections to its approval.
JOHN TYLER. Washington,
August 16, 1841.
At the close of its reading, faint expressions of approbation,
as well as disapprobation, were heard in the
galleries, when a debate arose between Messrs. Benton,
Rives, Preston and Buchanan, as to what disposition
should be made of the actor or actors in the
(The man who was the principal actor in the disturbance
was here taken from the gallery, under the
custody of the Sergeant-at-arms]
After further remaiks by Messrs. LINN, MERRICK,
WALKER, upon the subject of order, and giving
their view* of the extent of this disturbance, as very limited,
and urging the Senator from Missouri not to
press his motion further,
Mr. BENTON said his object had been accomplished
by the clearing of the disturber from the gallery,
who was now in custody at the room of the Seigeont-at-Arms.
He had been informed by one of the
officer^ of the Senate that the prisoner had expressed |
regret for what he had done, and that he was.not ssrvsible,
at the time, of its impropriety, and was now tr?ly
sorry for it. Under these circumstances, as he had
been seized, and made an example of, which wonld be
liable to deter from future disturbances of this kind,
he would move that the Sergeant-at-arms be ordered
to discharge him.
Mr. CLAY, of Kentucky, said the Message of the
f resident 01 inc unueu oiuies, wnicn nau jusi ueen
read, returned to the Senate, in which it originated, a
bill which, having received the sanction of thia body,
was also passed by the House of Representatives;
and thus being concurred in by both branches of Congress,
was presented for the approbation ot the President
of the United States, according to the direction
of the Constitution. The President had returned the
bill, with certain objections in the message, which had
just been read.
It was not his intention at this time, nor would it
be treating the subject with the gravity due to it, or
with the respect due to the co-ordinate department of
Government or to this body, to proceed forthwith to
the consideration of the objections of the President,
without an opportunity to that deliberate examination
which should precede any discussion or consideration.
They were sufficiently familiar with the course of
Eroceeding in cases of this kind, if the Constitution
ad not prescribed it; but the Constitution had prescribed
the course which ought to be pursued with
sufficient distinctness, and so as to leave no doubt as
to what they were to do. The Consiitution directed
that on the contingency which had] happened, of the
return of the bill, that the objections Bhould be entered
at large upon the journal of the body where the bill
originated, and that the body should afterward proceed
to the re-consideration of the bill, and if it pussed
it by a vote of two-thiids, it should be returned to the
other House, where, if it also passed by a vote of two
thirds, it became a law of the lund. If, on the contrary,
there was not a vote of two-thirds for the bill,
it was rejected, and that put an end to the measure.
He had risen, therefore, to move that the Senate
proceed to-morrow, at 12 o'clock, to the consideration
of the objections which the President had given, and
that in the mean time, the message he laid on the
table, and ordered to be printed.
Mr. KING would suggest to the honorable Senator
from Kentucky, inasmuch as the bill must be disposed
of, before they could go on with other business, that
u.. ?.1 : u *i... ...i.: i ?>_i .1,
lie mu?c IU piiA.rcu VTIIII uiu hunjixi ai im u viutu ??r
morrow. He was in fhvor of printing the message, as
it was a very important document, which they should
have themselves, and which should go to the country,
that the country might have an opportunity to consider
the reasons for it; and he suggested that a larger
number, say five thousand extra copies, be ordered to
he printed, for the use of the Senate, to distribute
throughout the land.
Mr. CLAY did not feel the necessity, which the
Senator from Alabama Beemed to act on, of changing
the hour for the consideration of the objections; nor
did he conclude, with the Senator, much as he respect
ed his opinion in general, as to its being out of order
to proceed to any other business bofore they considered
this business. The Senator would find, by a reference
to the Senate Journal of 1S32, in the late case
of a veto of a bank charter, that the objections were
received on the 10th, and finally decided on the
13th of the same month. There was then a good
deal of intervening business. He had no doubt,
but the hill now being before the Senate was as sub
ject to their disposal as any bill would be. The
course pursued nine years ago had been adopted in
this instance; a motion was then made that the Senate,
at twelve o'clock on the next day, proceed to the bill.
He moved, therefore, that twelve o'clock to-morrow
should be fixed as the time for reconsidering this bill.
Mr. CALHOUN concurred with the Senator from
Kentucky, that they were not bound, under the Constitution,
to proceed to the immediate consideration of
the measure; on the contrary, the Constitution provided
that the objections should be first recorded at
length on the journal of the Senate, which would require
aome time, at leaat. He alao preferred 12 o'clock
to 10 to-morrow, which would give them more time
for the consideration of the subject, as they would not
probably receive the printed Messace till that time.
Mr. RIVES suggested to the Senator from Kentucky,
that eleven i7clock would be a preferable hour
to which to postpone the consideration of the bill;
aa their morning hour expired at that time, and it
would be better to proceed immediately to the consideration
of the subject, than to spend an hour on
the Land Bill, and then bo broken ofT to take up this
After aome further conversation the reconsideration
of the bill was postponed to 12 o'clock tomorrow,
[ A W. I
[WHOLE NO. 142
and rix thousand extra copies of the Message ordered
to be printed.
The Senate then went into Executive session, and,
after a brief time spent therein, adjourned.
Monday, August 16, 1841.
Petitions were presented by the following gentlemen
: Messrs. Hunt, Weller, Lowell, Cu?hSng, Halstead,
Barnard, and Slade.
Several standing committees, on request, were discharged
from the further consideration of papers relating
to subjects now disposed of.
Mr. BRluGS, from the Committee on Post Offices
and Post Roads,reported a resolution (not heard) which i
was adopted. I
Mi. SNYDER introduced a resolution to adjourn
ontftbe 23th of August, (Monday next.) Laid over. |
Mr. IRWIN, from the Select Committee on Retrenchment,
reported a resolution to empower that
committee to sit during the recess, and send for per- |
sons and papers, to report at the next session by bill
or otherwise. I
Mr. L. W. ANDREWS moved to lay it on the |
table; on which motion Mr. IRWIN asked the yeas j
and nays. Ordeied. .<
Laid on the table: Yeas 129, nays 40. ,
Mr. BARNARD moved to go into Committee of
the Wbale, with a view to take up the Bankrupt bill.
He withdrew the motion at the request of Mr. W ,
C. JOHNSON, to permit the final question to ht j
taken on tne engrossment of the bill to correct, com
plate, and publish the returns of the Census, which ,
was pendiug at the last adjournment.
Tne Census bill was then taken up, and (the pre- (
vious question having been ordered before the adjournment
on Friday) it was ordered to be engrossed: Year
121, nays 63. J
The bill was then passed.
On motion of Mr. BARNARD, the House then
resolved itself into Committee of the Whole on the j
Slate of the Union, Mr. Tillinohast in the Chair. i
Mr. HOLMES addressed the Umnmittne for one
hour against the bill.
Mr. JAMES spoke for half an hour with much ,
animation and force in defence of the bill.
Mr. SERGEANT followed on the same side.
Mr. HOWARD also spoke in favor of the bill.
At half-past one the Committee rose, and the House '
adjourned. 1
During nearly the whole debate the House was almost
entirely deserted, ?all the members, but about
ten or twenty, having gone into the. Senate to hear
the Veto Message.
Tuesday, August 17, 1841.
The resolution submitted some days since by Mr.
Linn, requesting the President to give notice to the
British Government, in order to put an end to the
joint occupation of Oregon Territory, was taken up.
Mr. BENTON spoke at length in relation to the
importance of this 1 erritory.
This bill being now in order, Mr. BENTON suggested,
as an hour only would intervene belween then .
and the time agreed on for taking up the Veto Mes- :
sage of the President on the Bank bill, that the inter- ^
mediate period had better be occupied in small matters *
connected with the business of the Senate. And he
moved to lay the bill on the table for the present.
On this motion the yeas and nays were demanded, (
and the vote stood as follows :
YEAS?Messrs. Allen, Archer, Benton, Buchan- ?
an, Calhoun, Clay, of Alabama, Cuthbert, Fulton, i
King, Linn, McRoberts, Mouton, Nicholson, Pierce, t
Rives, Sevier, Sturgeon, Tappan, Walker, Williams; t
Woodbury, Wright, Young?23. t
NAYS?Messrs. Barcow, Bates, Bayard, Beirien, t
Choate, Clay, of Kentucky, Clayton, Dixon, Evans,
Graham, Huntington, Kerr, Mangum, Merrick, Mil- |
ler, Morehead, Phelps, Porter, Preston, Simmons, <
Smith, of Indiana, Southard, White?23. I
So the motion was lost. ,
The Senate then proceeded to the consideration of
itte general order of the day, being the distribution
and pre-emption Dill , the motion penning being iw
amendment of Mr. Gear, of Alabama, that there
should be in the Treasury, at the time of such distribution,
a surplus equal to the amount of said nett
proceeds, after meeting and satisfying all demands
aoainal the United States far current exnensas and I
appropriations, and the necessary provision for the
payment of any portion of the public debt which may
fall due.
Mr. CALHOUN said it was a simple naked question
whether money should be raised lor the purpose
of distribu:ion; and where, in the Constitution, did
they find the power to do so 1 He did not see how
such a measure as the distribution bill could ever enter
into the mind of man.
Mr. MERRICK did not consider it a question of (
raising money to distribute, but whether they gave ,
the money to whom it of right belonged.
Mr. CLAY, of A'abama, said if the surplus was,
above all the current demands, equal to the nett proceeds,
then it might be distributed ; but as the bill now t
stood, the whole amount of the sales of the public r
lands could be distributed if there was not a dollar in r
the Treasury. Now he asked if there was any man,
friendly to the compromise act, that could for a mo- c
ment object to the proposition which he had submit- j
ed 1 And he hoped there would be a majority found
in its favor. r
The question was then taken on the adoption of t
the amendment, and decided in the negative, as fol- s
lows: I
YEAS?Messrs. Allen, Archer, Benton, Calhoun,
Clay, of Ala., Cuthbcrt, Fulton, King, Linn, Mc- 1
Roberts, Mouton, Nicholson, Pierce, Rives, Sevier, t
Sturgeon, Tappan, Walker, Williams, Woodbury, t
Wright, Young?22. a
NAYS?Messrs. Barrow, Bates, Bayard, Berrien, (
Buchanan, Choate, Clay, of Ky., Clayton, Dixon,
Evans, Graham, Huntington, Mangum, Merrick, Mil- c
ler, Morehead, Phelps, Porter, Prentiss, Preston, t
Simmons, Smith, of Ind., Southard, White, Wood- a
A debate here sprung up between Messrs. Benton,
amitn, oi inu., merricK ana McrvoDeris.
president's veto message.
The Senate then proceeded to the order of the day,
which was the reconsideration of the bill to charter a
Fiscal Bank, together with the President's objections
Mr. MANGUM moved to postpone the consideration
of the subject until to-morrow at 12 o'clock.
Mr. BENTON insisted that the motion was out of
order, inasmuch as the Constitution required the Senate
to proceed immediately to the reconsideration.
Mr. CLAY, of Kentucky, individually, had no
wish for the postponement; but Senators around him
had expressed such a wish, and he was willing to accede
to their desire. As to the question of the Senate's
power to postpone, it was impossible to doubt.
?The yeas and nays having been demanded and taken,
the vote stood as follows:
YEAS?Messrs. Archer, Barrow, Bates, Bayard,
Berrien, Choate, Clay, of Ky.,Clayton, Dixon, Evans,
Graham, Henderson, Huntington, Kerr, Mangum,
Merrick, Miller, Morehead, Phelps, Porter, Prentbs,
Preston, Rives, Simmons, Smith, of la., Southard,
Tallmadge, White, Wood-bridge?29.
NAYS?Messrs. Allen, Benton, Buchanan, Calhoun,
Clay, of Ala., Cathbert, Fulton, King, Linn, '
ti.o.k >. as M:_u _i IV
mi>l\UU*3rVB, muuiuil, I^IUIIUISini, k. ICivr, ?.V?,
Sturgeon, Tappan, Walker, William*, Woodbury,
Wright, Young?21.
So the Senate reaolved to postjione the considera- i
tion of the veto on the Bank bill till 12 o'clock tomorrow.
Mr. SMITH, of la., then moved to resume the con- i
aideralion of the Land Bill. For the motion 23, I
against it 21. So the bill was taken up.
Mr. Mc ROBERTS concluded his remarks, observ- i
ing that, if the Territoiies were included, he could not j
object to the District. His only object was to do justice
to the Territories. i
Mr. BENTON said, as it was a general plunder, he |
was for letting all in. He despised the whole system, <
but if it was to be forced on them, Missouri would not I
be so sordid as to seek ts increase her share by diminishing
that of fibers. <
Mr. WOODBURY made some remarks in favorof
the amendment, and the justice of admitting the Ter i
ritories to their share to enable them to build churches, i
improve their schools, Ac. i
Mr. PRENTISS was understood to oppose the
amendment on the ground that the Territories as well
as the District were provided for by Congress.
, /
The question was taken on Mr. Benton'* amendment
and decided in the negative as follows :
YEAS?Messrs. Allen,Benton,Calhoun,Clay,of Ala.
Fulton, King, Linn, McRoberts, Mouton, Nicholson, $
Fierce, Sevier, Tallmadge, Tappan, Walker, Woodbury,
Wright, Young?17.
NAYS?Messrs. Barrow, Bates, Bayard, Berrien,
Choate, Clay, of Ky., Clayton, Di*on, Evans, Huntington,
Kerr, Mangum, Merrick, Miller, Morehead,
Phelps, Porter, Prentiss, Rives, Simmons, Smith, of
Ind., Southard, Sturgeon, White, Woodbridge?*26. h
Mr. SEVIER then moved to strike from the 9th
section of the bill that clause which restricted the
States troni disposing of any lands so granted at a less
price than Si 25 per acre.
Mr. 8MITH, of Indiana, contended that it would
be better to let the bill stand a# it was.
Mr. SEVIER thought it would be humbugging .
and bamboozling the States to restrict them in tneir
sales, as a very large portion of the land it waa well
known would never bring that price, and he would ask
theveas and nays on that motion.
The question having been taken, the vote stood as
YEAS.?Messrs. Allen, Benton, Calhoun, Clay, of
Ala., Fulton, King, Linn, McRoberts, Mouton, Sevier,
Tappari, Walker, Woodbury, Wright, Young
NAYS?Messrs. Archer, Batrow, Bates, Bayard,
Berrien, Choate, Clay, of Kv., Clayton, Dixon, Evans,
Graham, Henderson, Huntington, Kerr, Mangum,
Merrick, Miller, Morehead, Phel|*i, Porter,
Prentiss, Rives, Simmons, Smith, of Indiana, Stuigeon,
Tallmadge, White, Woodbridge?'27.
Mr. SEVIER said he had another amendment to
offer, though he did not anticipate a much better fate
for it tbar< the other. He could but try it, however
Tbe amendment was to strike from the 8th section * 1
he words "subject to entry at private aale," to that '1 | 1
he clause should read " that tbe lands shall be located
n parcels, conformable to sectional divisions or subdivisions,
of not less than 3*20 acies in any one location
an any public land."
- Mr. WALKER supported this amendment. .?
Mr. TALLMADGE ex pressed the hope that the
amendment would prevail, as it was reasonable in
The question was taken on this amendment, and
Jecided in the affirmative, as follows : Hi j
YEA8.?Messrs. Allen, Barrow, Benton, Calhoun,
Clay, of Ala., Dixon, Fulton, Henderson, King,
Linn, McRoberts, Mouton, Nicholson, Pierce, Porter,
Rives, Sevier, Tallmadge, Tappan, Walker, Williams,
Woodbridge, Wright, Young?24.
NAYS.?Messrs. Bates, Bayard, Berrien, Clay, of vil
Kentucky, Clayton, Evans, Graham, Huntington,
Keir, Mangum, Merrick, Miller, Morehead, Phelps,
Prentiss, Preston, Smith, of la., White?18.
A verbal amendment, offered by Mr. PORTER,
was adopted.
Another amendment, offered by Mr. Clay, of Ala
lama, also unimportant in itself, was adopted.
Mr. BENTON then offered an amendment, to
itnke out " 10 per cent, to the new States," and in?ert"
12 1-2."
On this proposition a debate ensued, in which Messrs.
CLAY, of Alabama, SMITH, of Indiana, HENDERSON,
and others participated. No question, however,
was taken.
And the Senate then adjourned. *
Tuesday, August 17, 1841.
The Journal of yesterday having been read? .
Mr. PROFFIT said he wished to make a privileged
question. He moved to amend the Journal.
The SPEAKER said he had been informed by the
Clerk that it was npt customary to give on the Journal
the reasons for the action of the committee.
Mr. PROFFIT would move, then, he said, that
the chairman of the Committee of Ways and Means
'Mr. Fillmorel be requested to make a written leport,
hat his (Mr. P.'s) constituents might know how jt
vas that this treaty had been violated.
The SPEAKER said the gentleman might move to
But the reporter did not understand such a motion
o have been submitted, nor any other action taken.
On motion of Mr. FILLMORE, the Journal was
io amended as to conform to the fact that the commulication
presented by him yesterday, in relation to
he statue of Greenough, was referred to the Commitee
of the Whole on tne state of the Union, and not
o the Committee of Ways and Means, as therein
On leave given, Mr. TR1PLETT, of Kentucky, -IS
presented the petition of R. F. Kelly, and forty-one
sther citizens of Hopkinsville, Ac., in favor of the
passage of a bankrupt law.
Also, the petition of J. M. Austen and twenty-five
other citizens of Butler county, against the passage of
' ?Sim am J miMiiiivi i mums ?- j
of Henderson county, against the passage of a bankrupt
law. ?
Also, of John B. Frost and sixty-one other citizens ,
of Hopkins city, against the passage of a bankrupt J
Mr. KENNEDY, of Md. on leave given, presented
a petition from citizens of Boston, praying the appoint- J
meni 01 a commit tee 01 investigation ^as me rrjjurici
understood) to inquire into the practical operation of
the existing tariff laws.
On motion of Mr. K., the petition was referred to I
the Committee on Commeice.
Mr. MATHIOT, on leave given, presented the
proceedings of a public meeting of the democracy of
Licking county, in the State of Ohio, in strong opposition
to the leading Whig measures, &c. Laid on
the table.
On leave given, Mr. BRIGGS, from the Commit,ee
on the Post Office and Post Roads, reported a bill
naking appropriations for the Post Office Departnent.
[This bill appropriates the sum of $497,657 to enable
the Department "to meet its engagements and ,
>ay its debts."] I
The bill, having been read twice by the title, was I
cferred, on motion of Mr. BRIGGS, to the Commit- J
ee of the Whole on the state of the Union ; and, to- 1
;ether with the communication from the Post Office 1
Jepartment, was ordered to be printed 1
A message was received from the Senate, through I
\. Dickons, Esq., Secretary, informing this House I
hat the Senate had passed the act further to extend
he time for locating Virginia military land warrants
ind returning surveys thereof to the General Land
And, also, informing the House that the President
>f the United States had officially notified the Senate
k,.? u? i.?.i i i a .k.. k:ii .i 11...
tint, ijc: iiau ajijn v*ru unu bi^iivu iiiu uiii tu irp ai tuc
ict commonly known as the tub-Treasury law.
Mr. BARNARD offered the following resolution :
Reaolvtd, That at 1*2 o'clock M. this day, all debate
n Committee of the Whole on the state of the Union
jn Senate bill No. 3, entitled "An act to establish a
uniform system of bankruptcy throughout the United
States," shall cease, and the committee shall then proceed
to vote on any question or on any amendments
then pending, and on all amendments that may be offered,
and shall then report said bill to the House,
with such amendments as may have been agreed to by
the committee: Provided., That the committee may report
said bill to the House at an earlier hour if they
think proper.
Mr. GRAHAM moved to amend the resolution by
substituting *2 o'clock for 12.
Mr. KENNEDY, of Md., moved to amend the
amendment by striking out 2 o'clock this day, and
inserting 12 o'clock to-morrow.
The amendment to the amendment was rejectedAnd
the amendment, by ayes 50, noes not counted,
was also i ejected.
And then the resolution as originally offered was
On motion of Mr. BARNARD, the House again
resolved itself into Committee of the Whole on the j
state of the Union, (Mr. Tiixinohast, of Rhode Island
in the chair,) and resumed the consideration of
the bill from the Senate to establish a uniform system
of bankruptcy throughout the United Stales.
The pending question being on the motion of Mr.
Gordon, of New Yoik, to strike out the enacting
clause of the bill.
Mr. BARNARD (Chairman of the Judiciary Committee)
addressed the committee in reply to some of the
arguments which had been urged in opposition to the
bill, concluding with a renewed and most urgent appeal
to the House no longer to withhold horn the
rountry this great measure of relief, emancipation, and
Mr. SALTONST ALL raid (hat as (hit bill woakl I
shortly l>e taken out of roiniuittee, and aa others had I
lot something to aay aa well as himself, he would di- I
ride hia time with thein, and be aery brief in what he I
had to say. I
Mr. FILLMORE followed in some remarks in favor I
jf the hill, and Mr. SPRIGO in opjtoeition to it. I
The hour of twelve having arrived, the Committee, I
in pursuance of the order of the House of this morn- I
ing, proceeded, without further debate, to vote on the
amendments pending, or that might be offered. I
The question was taken first on the motion of Mr.
Gordon, to strike out the enacting clause of the bill, I
and by yeas 79, nays 90, it was rejected. I

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