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DEBATE ON THE VETO.
SPEECH OF Mr. CLAY, OF KENTUCKY, On the Executive Message containing the HresiilenVa objections to the Hank Bill. In Sehmtk Ukitib Stitb*, Acurrr 19, 1841. Mr. CLAY, of Kentucky, rose and addressed the Senate as follow* Mr. President, the bill which furiiu the present lubierl of our Jfliberiliom had (ant ed both House* of Congress by Jenn>r majorities, ami, iii conformity with the requirement of Ihe Con stitution, ww presented to the President of the Untied iSitlM for hi* consideration. He ha* returned it to the Senate, in which it originated, according to the diiection of the Constitution, with a message announc ing ni? ?et.) of the bill, and containing bia objection* to It* passage. And the question now to be decided ii, Shall the hill jiaaa, by the required ronatilutinnal majority of two-third*, the President'* objection* not w ithstandmg 7 Knowing, air, but too well that no ?uch majority ran be obtained, and that the bill must fall, I would have been rejoiced to have found myself at liberty to ubstain from saying one word on thw painful occasion. But the President lias not allowed me to give a ailent vote. 1 think, with all respect and defeience to bun, he baa not reciprocated the friendly spirit of conces sion and compromise which animated Cong res* in the provision* of this bill, and especially in the modifica tion of (he siiteenth fundamental condition of the bank He has commented, I think, with undeseived severity on that part of the bill; he has used, I am Hure unintentionally, harsh, if not reproachful, lan guage ; and Ue has made the very concession, which was prompted as a peace offering, and from friendly considerations, the cause of stronger and mote deci ded disapprobation of the bill. Standing in the rela tion to the bill which I do, and especially to the excep tionable clause, the duty which I owe te the Senate and to the country, and self respect, mijiose upon me the obligation of at least attempting the vindication of a measure which has uiet with a fate so unmerited and So unexpected. On ihe 4th of April last the lamented Harrison, the President of the United States, paid the debt of Nature President Tyler, who, as Vice President, succeeded to the duties of that office, arrived in the city of Washingion on the Gth of that month. He found the whole metropolis wrapt in gloom, every heart filled with sorrow an 1 sadness, every aye stream ing with tears, and the surrounding hills yet Hinging back the echo of the bell* which were tolled on that melancholy occasion. On entering the Presidential mansion be contemplated the pale body of his prede cessor stretched before him, and clothed in the block habiliments of death. At that solemn moineut I have no doubt that the he irt of President Tyler was over flowing with mingled emotions of grief, of patriotism, and of gratitude?above all, of gratitude to that coun try by a majority of whose suffrages, bestowed at the preceding November, ho then stood the most distin guished, the most elevated, the moi-t honored of all living Whigs of the United Slates. It wa* under these circumstance*, and in this pro bable state of mind, that Pre*idenl Tyler, on the 10th day of the *ame month of April, voluntarily promul gated an Address to the People of the United Slates. That Address was in the nature of a coronation oath, which the Chief of the Stale, in other countries, and under other lornis, takes, upon ascending the throne, it referred to Ihe solemn obligations, and the profound sense of duly, under which the new President entered U(>on the high trust which had devolved upon him, by the joint acts of the People and of Providence, and it stated the principles and delineatrd the policy by which he would be governed in hi* exalted station it was emphatically a Whig Address, from beginning to end ? every inch of it was Whig, and was patriotic. In that Address the President, in respect to the sub ject matter embraced in the present bill, held the fol- ) lowing conclusive and emphatic language : " I shall promptly give my sanction to any constitution*! mea sure which, originating in Congress, shall have for its object the restoration of a sound circulating medium, mo I essentially necessary to give confidence in all the I transactions of life, to secure to industry iti j.st and adequate rewards, and to re-establish the public pros- ' penty. In deciding upon the adaptation of any such measure to the end proposed, aj well as its conformity tn the Constitution, I shall resort to the fathers of the preat Republican school for advice and instruction, to be drawn from their *age view* of our system of Gov ernment, and the light of their ever glorious example." i'o ihi* clauae in the Address of the President, I believe, but one interpretation was given llwoughout this whole country, by friend and foe, by Whig and Democrat, and by the presses of both parties. It wa*, by every man with whom I conversed on the subject at the time of it* appearance, or, of whom I have iince inquired, construed to mean that the President intend ed to occupy the Madiaon ground, and to regard the question of the power to establiah a National Bank as immovably settled. And I think 1 may confidently appeal to the Senate, and to the country, to sustain the (set that Ibis was ihe contemporaneous and unani mous judgment of the Public. Reverting back to the period of the promulgation of the Addiess, could any other construction have lieen given to its language 1 What is it ? " I shall promptly give my sanction to any constitutional measure which, originating in ( over ess, shall have certain defined objects in view. He concedes the vital importance of a sound circulat ing medium to industry and the public prosperity. He concedes that its oiigin must be in Congress. And, to prevent any inferences from the qualification, which he prefixes to the measure, being interpreted that a United States Bank was unconstitutional, he declares that in deciding on the adaptation of the measure to the end proposed, and its conformity to the Constitu tion, he will resort to the Fathers of the great Repub lican school. And who are thev? If the Father of his countiy is to tie eicluded, are Madison, (the Fa ther of the Constitution,) Jefler*on, Monroe, Gerry, Gallatin, and the Ion# list of Republicans who acted With them not to be regard*! ?* among those Fathers? But President Tyler declares not only that he should appeal to them for advice and instrui tion, but to the light of their ever glorious r.XAMPt.e. What example? What other meaning could have been possibly implied to the phrase, than that lie intended to refer to what don' during the Administrations of Jefl. r son, Madison, and Monroe I Entertaining this opinion of the Address, I came to Washington, at the commencement of the session with the most confident and buoyant hopes that the Whigs would be able to carry all their prominent mea sures and especially a Bank of the Unit.il Stales, by far that one of the greatest immediate importance. I anticipated nothing but cordial co-operation between the two departments of Government; and I reflected with pleasure that I should find, at the head of the Executive branch, a personal ami political friend, whom I had long and intimately known, and highly esteemed. It will not be my fault if our amicable re lations should unhappily cease, in consequence of any difference of oiinion lietween us on this occasion. I he I resident has been always perfectly familiar with niv opinion on thi* bank question. Upon the opening of the session, but especially on the receipt of the plan of a National B ink, as proppwd ?>y I ho Secretary of the Treasury, fears were excited I bat the President had been misunderstood in his Ad dress, and that he had not waived but adhered to Ins i onktitutional scruples. Usder these circumstances it wns hoped that, by the indulgence of a mutual spirit of compromise and conee**ion, a bank, competent to fulfil the expectation* and satisfy the wants of the Peo pie, mii?lit he CHfahtitfhed. Under the influence of flint spirit, the Senate and Ihe House ngreed, 1st, as to the name of Ihe proposed bank I confess, sir, that there was something ,t. <'''dingly outree and revolting fo my ears in the term " Fiscal Bank;" but, I thought, " What is there in a name I A rose, by any other nnme, would smell a* sweet Looking, therefore, rather to the utility ol the substantial faculties than to the name of the con tempjnted institution, we consented fo thai which was proposed. '.id As to the place of locafion of the bink Al though Washington had passed through my mind in among the cities in which it might l>e expedient tf place the bank, it wa* believed to be the least eligihl* of some four or five other cities. Nevertheless, w. consented to fix it here. Arid lastly, in respect to the branching power, therr was not probably a solitsry vote given in cither Hous< ul < ongres* to. the bill that did not greatly prefer thr unqualified branching power, as asserted in Ihe char l. rs of the two former Banks of the United Stales, to the I<"h fundamental condition, as finally incorporate.! in tins bill, u i* pert, clly manifest, therefore, that it was not in conformity with the opinion and wish of ma joritie. in Congress, but in a friendly .pint of conces Hon toward* the t resident and lus particular fnen.la, that the clause assumed (hat form. So repugnant wa. II to some of the best friends of a National Bank in the ofher ll. use, that they finally voted against t|)t. |?;| ? cause it obtained that compromise of th. branching p <wer. * It i* true that, in presenting the compromise fo the rienale, 1 staled, a. wa* the fact, that I did not know WIn-lb. r it would l?e acceptable to the President 01 not, flint, according to my opinion, each department <?f the Government should act upon its own respontt hilhy, independently of the other; and that I present ed t lie modication of ihe branch'ng jiower because it ?U necessary to ensure (be ptui|? of the bill in the Senate, having sscertained that the *oU Would stand ?JC against it lo "25, if tbe form of that power wMch nan been reported by the commute* were persist* in Hut 1 nevertheless did entertain the most confident lioj"-" anil *xpecutions that the bill would receive the junc tion of the President; and this motive, although noi tbe immediate one, bad yreal weight in the introduc tion and adoption of the compromise clauae. nt" tbat our friends who would uot vote lor the hi I a? ported were actuated, aa they avowed, by to ^ lions of union and harmony, grewing out ol eu,^-ed view, of the President, and I rre.um?l .h.t hf would not fail to feel and appreciate their ??!???. wrJsrarSs Si-flffsssnarrasr?? hyiZ 7''aha |T nowjireed to oonsiderthoseohjoc. tion* with a. much brevily as possible, but with the looet'perfect respect, official and personal, towards the ChAfte^aa|*tTngt'?hat I he power of Congress liah a National Bank, to operate ptr *?, h"^e"? contiovert'd question from the origin of the G??eru ?uent the President remarks; " Men moat justly and deservedly esteemed for their high intellectual endow menu their virtue and thi-ir |?atrioti?iu, hav?, ^ re" sard to it, entertained different and conflicting opinions. Congresses have differed. The approval of one Ftesi dent has been followed by the disapproval ol an ?l F'rom this statement of the case it may be inferred that the President consi.len t'le weight of authority, t>ro and con, to be equal and balanced Bnl it he in tended to make such an army of it?if he intended to aay that it was in equilibrium?I must respecMu-lly, but most decidedly, dissent from him. I think the conjoint testimony of history, tradition, and the know ledge of living witneases prove the contrary. How stands the question as to the opinion of ConmMM I The Congr. ss of IT91, the Congress of 1813- 14, the Congress of 1HI5-'IG, the Congress ol 1831- 32, and, finally, the present Congress, have all respectively and unequivocally, affirmed the existence ol a power in Congress lo establish a National Bank to operate per ie. We lie hold, then, the concurrent opinion ol nve different Congresses on one side. And what Con gress is t here on the opposite aide 1 1 he Congress o 18111 1 was a member of the Senate in that year, when it decided, by the casting vote ot the Vice I re sident, against the renewal of the charter ol the old Bank of the United State.. And 1 now here, in my ulace, add to the testimony already before the public, bv declaring that it is within my certain knowledge, that that decision of the Senate did not proceed Horn a disbelief of a majority of the Senate in the power of Congress to establish a National Bank, but from oom bined considerations of expediency and constitution ality. A majority of the Senate, on the contrary, as I know, entertained no doubt as to the power ol Con gress. Thus the account, as to Congresses, stands live for and not one, or, at most, not in?rs than one, ^blTusnJwlook into the state of authority deriva ble from the opinions of Presidents of the Unitei States. President Washington believed in the power of Congress, and approved a bank bill. President Jefferson approved acts to el tend branches into other parts ol the United States, and to punish counterfeit of the notes of the bank-acts Which were devoid of all just fication whatever upon the assumption of ihe unconstitutionality of the bank. For bow could branches be extended or punishment be lawfully in flicted upon the counterfeiters of the paper ol a cor poration which cauie into existence without any au thorilY, and in violation of Constitution of the Unu James Madison, notwithstanding those early scruples which he had entertained, and which he probably still cherished, sanctiobed and signed a bill to charter the late Bank of the United Stales. It is perfectly well known that Mr. Monroe never did enlertain any scru ples or doubts in regard to the power cif Conjress. Here, then, are four Presidents of the United State* who have directly or collaterally borne oflicial tesli timony lo the existence of the bank power in Con gress. And what President is there that ever bore unequivocally opposite testimony?that disapproved a bank chartci in the sense intended by President Tyler I Gen. Jackson, although fee did apply the veto power 10 the bill foi rechartering the late Bank of the Uni ted States in 183*2, it :s within the perfect recollec'ion of u-? all that lie not only testified to the utility ol a Bank of the United States, but declared that, il he had been applied to by Congiess, he could have fur nished the plan ol such a bank. Thus, Mr. President, we perceive that, in review ing the action of the Legislative and Executive de partments of the Government, there is a vast prepon derance of the weight of authority maintaining the existence of the power in Congress. But President Tyler has, 1 presume unintentionally, wholly omitted lo notice the judgment and decisions of the third co ordinate department of the Government upon this controverted question?that department, whose inter pretations of the Constitution, within its proper juris diction and sphere of action, are binding upon all; and which, therefore, may be considered as exercising a controlling power over both the other departments. The Supreme Court of the United Stales, wilh its late Chief Justice, the illustrious Marshall, at its head, unanimously decided that Congress possessed this bankpower; and this adjudication was sustained and re-alfirmed whenever afterwards tho question arose before the court. After recounting the occasions, during his public career, on which he had expressed an opinion against ihe power of Congress lo charter a Bank ol the Uni ted States, the President proceeds lo say: " Enter taining the opinions nlluded to, and having taken this oath, the Senate and the country will see lhat 1 could not give my sanction to a measure ol the character described without surrendering all claim to the re spect of honorable men?all conlidence on the part of ihe people?all self-respect?all regard for moral and religious obligations; without an observance ot which no Government can lie prosperous, and no people can be happy. It would be to commit a crime which 1 would nol wilfully commit to gain any eaithly reward, and which would juitlv subject me lo the ridicule and scorn of all virtuous men." Mr. President, 1 most think, anil hope I may be al lowed to say, wilh profound deference to the Chief Magistrate, that it itp|>ears to me he has viewed with too lively sensibility the personal consequences to him selfof his approval of the bill ; and that, surrender ing himself lo a vigid imagination, he has depicted them in much too glowing and exaggerated colors, and lhat it would have been most happy if he had looked more to the deplorable consequcnces of a veto upon the hopes, the interests, and the happiness of his country. Does it follow that a mngistrate who yields his private judgment to the concurring authority ol numerous decisions, repeatedly and deliberately pro nounced, after the la|ise of long intervals, by nil the departoients of Government, and by all parties, incurs the dreadful penalties described by the President 7? (Jan any man be disgraced and dishonored who yields his private opinion lo the judgment of the nation I In this case, the country, (1 mean a majority,) Congress, and, according to common fame, an unanimous Cabi net, were all united in favor of the bill. Should any man feel himself humbled and degraded in yielding to the conjoint foiee of such high authority 1 Does any man, who at one period of his life shall have express ed a particular opinion, and at a subsequent period shall act U|ion the op|sisite opinion, exp ?s? himself to the terrible consequences which have been portrayed by the President 1 Mow is il with the j?dge, in the case by no means rare, who bows to the authority of repeated, precedents, settling a particular question, whilst in his private judgment the law was other wise 1 How i* it w.th that numerous class of public men in this country, and wilh the two great parties that have divided' it, who, at different periods, have maintained nn I acted on opposite opinions in lespect to this very bank question ) How is H with Jauut Madison, the Father ol the Constitution?that great man whose services lo his country placed him only second to Washington whose virtues nnd purity in private life?whose pa triotism, intelligence, anil wisdom in public councils stand unsurpassed 1 He was a member of the Na tional Convention that formed, and the Virginia Con vention that adopted, the Constitution. No man un derstood it better thsn ho did. He was opposed in 17111 lo the establishment of the Bank of the United Stales U(Hm constitutional ground ; and in 18lt? he ap proved and signed the charter ofllie late Bank of the U States. It is a part of the secret history connected with the first bank, that James Madison had, at the in stance of General Washington, prepared n vet > for him in the contingency of his rejection of the bill Thus stood James .\1adisnn when, in 1815, he applies) ihe veto to a bill to charter a bank upon considerations of expediency, but with a clear and express admission ofllie existence of a constitutional power lu Congress to charter one In I8lf>, the bill which w? then pre sented to him being free from the objections applicable to that of the previous year, be sanctioned and signed it. Did James Madison surrender "all claim to the respect of honorable men?all confidence on the purl of the People?all sWf respect?all regard formural and religious obligations 1 Did the pure, the vlriuous, the gifted James Madison, bv hi* sanction and signa ture to the charter of the late Bank ol Ihe United Stales, commit ? uhimk which Jtutly subjected him "to the ridicule and scorn ot all virtuous men ? Not only did the President, as it respect fully appears tome, s'ale entirely too strongly the consequences ol his approval of ihe bill, but is he perfectly correct in treating the question, (as he seem* lo me to have done,) wkieb he was called upon to decids, u present iM the #o|t) ?tt?fnative of hit direct approval or r?ec IMS of the billl Was the preset ?t Unn of the consis tency and ?h<- conscience of the President wholly irreconcilable wilL the restoiation of the blesmngauf a sound currency, regular and moderate exchangee, and the revival of confidence and business which Congress believes will be secured by a National Bank 1 Wat there no alternative hut Ui prolong the sufferings of a bleeding country, or to send ut thit Veto 1 From the adminiatration of the Executive Department of the Government, duuog the laat twelve year*, haa sprung most of the public ilia which have afflicted the people. Wai it necessary that that source of sufleiing thould continue to operate, in order to preserve the conscience of the Preaident unviolated 7 Wat that the only tad and deplorable alternative 1 I think, Mr. President, there were other alternative! worthy of the terioua and patriotic conaideration of the Preaident. The bill might have become a law, in virtue of the proviaion which reouired ita return within ten dayt. If the Preaident had retained it three dayt longer, it would have been a law, without hia sanction and without hit signature. In aucb a contingency, the Preaident would have remained passive, and would not have been liable to any accusation of having himself violated the Constitution. All that could have been juatly taid would be, that he did not chooae to throw himtelf in the way as an obstacle to the passage of a measure in dispensable to the proaperity or ihc nation, in the judg ment of the party which brought him into power, of the Wbig Congress which he Arat met, and, if public fame apeakt true, of the Cabinet which the lamented Har riaon called around him, and which he voluntarily con tinued. In an analogous case, Thornat Mckean, when Governor of Pennsylvania, than whom the Uni ted States have produced but few men of equal vigor of mind and firmness of purpose, permitted a bill to 1 become a law, although, in his opinion, it waaconlrarv to the Constitution of that State. And I have heard, and, from the creditable nature 6f the source, I Bin inclined to believe, although I will not vouch for the tact, that, towards the close of the charter of the first Bank of the United States during the tecond term of Mr. Jetlerson, some consideration of the qutstioii of the renewal of the charter waa entertained, and that he expressed a wish that, if the charter *We renewed it might be effected by the opeialion of fte ten days provision, and his consistency thus preserved. If it were possible to disinter the venerated remains of James Madison, reanimate his perishing form, and place him once more in that chair of State, which he so much adorned, what would have been hit course, if this bill had been presented to hiui, even supposing him never to have announced hit acquiescence in the settled judgment of the nation ? He would have taid that human controversy, in regard to a tingle ques tion, should not be |>erpetual, and aught to have a ter mination. Thia, ubout the power to establish a Bank of lhe United States, has been long enough contin ued. The nation, under all the forms of its public action, has often and deliberately decided it. A Bank, and associated financial and currency questions, which bad long slept, were revived, and h?ve divided the na tion during the laat ten years of arduous anil bitter struggle, and the party which put down the Bank, and which occasioned all the disorders in our currency and finances, has itself been signally put down, by one of those great moral and political revolutions which a free and patriotic people can but aeldoin arouse itself to make. Human infallibility has not been granted by God ; and the chancea of error am much greater on the side of one man than on that i f the majority of a whole |K'ople and their successive Legislatures during a long period of time. I yield to the irresistible force ot authority. I will not put myntlf in opposition to a measure so imjieratively demanded by the public voice, and so essential to elevate my depressed and suffering countrymen. And why should not President Tyler have suffered the bijl to become a law without hit lignature 1 With out meaning the slightest possible disrespect to him, (nothing is further from my heart than the exhibition ol any such feeling towards that diiltinguished citizen, long my personal friend,) it ca'nnot be forgotten that he came into his present office under peculiar cir cumslancea. The people did not foresee the"contin gency which has happened. They voted for him as Vice resident. 1 iiey did not, therefore, scrutinize his opinions with the care which tlu?y probably ought to have done, and would have done, if they could have looked into futurity. If (he present slate of the fact could have been anticipated?if at Harrifburg, or at the polls, it had been foreseen that General Harrison would die in one short month after the commencement of Ins administration ; lhat Vice President Tyler would be elevated to the Presidential chair; that a bill, passed by decisive majorities of the first Whig Congres*, chartering a National Bank, would lie pre sented for his sanction; and lhat he would veto the bill, do I hazard any thing when I express the convic tion that he would not have received a solitary vote in the nominating convention, nor one tolilary electoral vote in any Stute in the Union 1 Shall I lie told that the honor, the firmness, the in dependence of the Chief Magistrate might have been drawn in question if he had remained pastive, and so permitted the bill to become a law 1 I answer lhat the ofhee of C.hief Magistrate is a sacred and exalted trust, created and conferred for the benefit of the na tion, and not for the private advantage of the per-on who nils it. Can any man's reputation for firmness, independence, and honor, lie of more importance than the welfare of a great People 1 There is nothing, in my humble judgment, in such a course, incompatible with honor, with firmness, with independence, pro lyl ly understood. Ceitainly, I mutt respectfully think, in reference to a measuie like this, recommended by such high sanctions?by five Congresses?by the au thority of five Presidents?by repealed decisions of the Supreme Court?by the acquiugccnce and judg ment of the People of the United States during long |ieriods of time?by its salutary operation on the inte rests of the community for a space of forty years, and demanded by the People whose suffrages placed f'ie fluent I yler to I lint Hecond office from whence he? was translated to the first, that he might have suppressed tile piom|itings ot all |iertonul pride of private opinion, it tiny arose in his bosom, and yielded to the wishes and wants of his country. Nor do I believe that, in such ii course, he would have made the smallest sacii lice, in a just sense, of personal honor, firmness, or independence. But, sir, there was still a third alternative, to which I allude not because I mean to intimate that it should be embraced, but because I am reminded of it by a memorable event in the life of President Tyler It Will be recollected that, utter the Senate hail pasted the resolution declaring the removal of the public de POSItes from the late Bank of the United States to j have been derogatory from the Constitution and laws of the United Slates, for which resolution President, then Senator Tyler, bad voted, the General Assembly of Virginia instructed the Senators from that State to vote for the expunging of that lesolution. Senator I vler declined voting in conformity with that in struct Kin and resigned his teat in the Senate of the United Slates. I'hia lie did because he could notenn forin, anil did not think it right to go counter, to the wnbesot those who had placed him in the Senate? It, when the people of Viiginia, or the General As sembly of Virginia were his only constituency, he would not set up his own particular opinion inopiiosi tion to theirs, what ought to bo the rule of his conduct when lhe People of 2(i Stales-a whole nation-corn pose hi.i consuluency 1 Is the willof theconstituency of one Stale to be respected, and that of twenty-six to >0 vvholly disregarded ? Is obedience due only to the single Stale ot Virginia 1 The President admits that the bar,k question deeply agitated and conlinues to agitate the nation. Ii is iocnnlestible that it wiis the great, absorbing, and conlrolling'question, in all our recent divisions and exertions, lam firmly convinced, and it is my deliberate judgment, that an immense majority, not less than two-thirds of the nation, desire i such an institution. All doubts in this respect ought 1 to be dispelled by the recent decisions of the two I Houses of Congress. I speak of them o? evidence j ot popular opinion. In the House of Representatives the majority was Ml to 100. If the House had been loll, and but for the modification of the Kith funda mental condition, there would have been n probable majority ol 4 /. Is it to lie believed that this large ma i jority of the immediate representatives of the People tresh irnm amongst them, and l? whom the President seemed inclined, in his opening message to refer (his very quest,on, have mistaken the wishes of their con (HiiurnfH I rJjT '.Vr "ix'wn,h fundamental condition, in respect to the branching power, on whieh I r. grel to (eel myself obliged to say that I think the Prudent has commented w.th unexampled severity, and wilh a harshness of language not favorable to the mainte nance of lhat friendly and harmonious intercourse whit h IS so desirable between co-ordinate departments of the Government. The President could not have been uninformed that every one of the twenty.six Se nators, and every one of the hundred and thirty-one Kcprcaentatives who voted for the hill, if left ti, hit own separate wishes, woul.l have preferred the branch ing power to have been conferred unconditionally as it was in the charters of the two former Banks of the United Slates In consenting to the restriction! upon , e ?"tcrcise 0f that power, he must have been perfect ly aware that they were actuated by a friendly spirit ot compromise and concession Vet nowhere in bis message does he reciprocate or return this .plrlt _ "leaking of the assent or dissent which the clause re qutr.s, he says; " This iron rule is to give way to no circumstances?it is unl>cndtng and inflexible It is the language of the master to the v.w?|. A n uncon ditional answer is claimed fortfivith " The " high privilege of a submission of the question, on the jwrt ?"f SSJBCt larrau Sif, aST-k^^iy* ?u.m W. ? 7? leJ " " The Bute may afterwards protest ???'??< ssrs^TBStt -*??? i ? ? the* io#m to me irration&i, 1 cannot fit I y ?^jf.ses??mrrr?v^? rrrrtr^r^"Ataj^ ''Wj animadversions were piompled by ? ""IP''*-*1 ^ . of amity snd kindness, but I inquire whether a "7,a"5?; ??*???t:zt .titutional right of Congre* loexe.ose ^ inm nower within the Stales, unconditionally and with out limitation, did make no .mall conceal on when tliev consented that it should lie subjected to the re ?t notions specified in the compromise r ?u?-I y ?lid not it is true,.concede every thing ; J ^ absolutely renounce the power to establish branches without the authority of the Statee during the whole Lirree that reasonable time should be allowed to Hie seveial Slates to determine whether they would or would not (five their aaaent to the establishment of branches within their respective limit*. 1 hey did not think it right lo leave it an open question for the apace ?f twenty years ; nor that a State ahould be permit ed to grant to-day and revoke to-morrow it* assent; nor that it should annex oneroua or impracticable con? i tiona to its assent, but that it ahould definitively decule the question, after the lapse of ample time for full de liberation. And what wan that timel No Stale would have had leaa than four menths, and some ol them from five to nine months, for consideration. Was it, therefore, entirely correct for the President to nay that an " unconditional answer is claimed forth with Forthwith means immediately, instantly, without delay, which cannot lie affirmed of a space ol time varying from four to nine months. And the President supposes that the 'Jiigh privilege of the menl>ers of the Slate Legislative submitting the ques tion to their constituents is denied 'I But could they not at any time during that space have consulted their constituents 1 . , The President proceeds lo put what I must, with the greatest deference and respect, consider a* extreme cases. He supposes the po|>ular branch to express its dissent by a unanimous vote, which is overruled by a tie in the Senate. He supposes that "both of the Legislature may concur in a resolution of de cided dissent, and yet the Governor may exert the veto power." The unlorlunate caae of the State whose Legislative will should be so checked by Executive authority, would not be worse than that of the Union, the will of whose Legislature, in establishing this bank, is checked and controlled by the President. But did it not occur to him that extreme caees brought forward on the one side, might be met by ex treme cases suggested on the olher I Suppose the aular branch were to express its asfttl to the e?tab ment of a branch bank by a unanimous vole, which is overruled by an equal vote in tho Senate. Or sup|K>?e that both branches of the Legislature, by majorities in each exactly wanting one vole to make thcio two-thirds, were lo concur in a resolution ir>v'' ting the introduction of a branch within the limits of the State, and the Qoveinor were to exercise the veto power, and defeat the resolution. Would it lie veiy unreasonable in these two cases lo infer the assent ol ihe State lo the establishment of a blanch I Extreme cases should never be resorted to. Happi ly for mankind, their affairs are but seldom aflccled or influenced by them, in consequence of the rarity ol iheir occurrence. The plain, simple, unvarnished statement of the case is this : Congress believes itself invested with consti tutional |>ower to authorize. uncondilisnally, the es tablishment of a Bank of the United Slates and branches, any wherein the United States, wiihoul asking any olher consent of ihe States, than trial which is already expressed in the Constitution. I he President does not concur in the existence of that power, anil was supposed to entertain an opinion that the previoOs assent of the Stales v* as necessary. Here was an unfortunate conflict of opinion. Hewa* * case for compromise and mutual concession, if the dif ference could be reconciled. Congress advanced so far towards a compromise as to allow the States to ex press their assent or dissent, bul then il thought that this should be done within aorne limited, but reason able, lime ; and it believed, since the Bank and Us branches were established for the benefit ol twenty six States, if the authorities of any one ol them really could not make up their mind within that limited lime either to assent or dissent to the introduction of a branch, that it was not unreasonable, after the lapse of the appointed lime without any positive action, one way or the other, of the part of the State, to proceed as as if il had assented. Now, if the power contended for by Congress really exists, it n.usl be admitted thai here was a conceHBion?a concession, according lo which an unconditional power is placed under tempo rary restrictions?a privilege offered to itie^ Slates which was not extended to them by either of the char ters of ihe two former Banks of the United States ? And I am totally at a loss to comprehend how the r re sident reached the conclusion that it would have been "far better to say to the States, boldly and fiankly, Congress wills, and submission is demanded. Was it better for the States that the power ol branching should 1)0 exerted without consulting them at all Was it nothing to afford them an opportunity of say ing whether they desired branches or not 1 How can it lie believed that a clause which qualifies, restricts, and limits the branching power, is more derogatory from the dignity, independence, and sovereignty ot the States, than if it inexorably refused to the Slates any power whatever lo deliberate and decide on the intro duction of branches! Limited as the time was, and unconditionally as they were required to express them selves, still those Slates (and that probably would have been the case with Ihe greater number) that chose to announce their assent or dissent could do so, ami get or prevent the introduction of a branch. But the Pre sident remarks that u ihe Stale may express, alter the most solemn form of legislation, its dissent, which may from lime to lime thereafter be repeated, in lull view of ils own interest, which can never be separate I Irom the wise and beneficent oper ilion ol this Government; and yet Congress may, by virtue of the last proviso, overrule ils law, and upon grounds which, to such Slate, will appear to rest on a constructive necessity and propriety, and nothing more. ' Even if llle dissent of a Slate should be overruled, in the manner supposed by the President, how is the condition of that State worse than it would have been il the branching power had been absolutely and un conditionally asset ted in the charter 1 I here would have been si least the |>ower of dissenting conceded, with a high degree of probability that il the dissent were expressed no branch would be introduced. The last proviso to which the President refers is in these words : " And provided, nevertheless, That whenevei it shall become necessary and proper for carrying into execution any of the powers granted by ihe Constitution, to establish an office or offices in any of the States whatever, and tho establishment thereol shall lie directed by law, it shall lie theduty of the said directors to establish such olfico or offices accordingly." This proviso was intended to reserve a power to Congress to compel the bank to establish branches, if the establishment of the n should be necessary to the great purposes of this Government, notwithstanding the dissent of a State. If, for example, n Slate had once unconditionally dissented to the establishment of a branch, and afterwards assented, the bank could not have been compelled, without this reservation of |*>w cr, to establish ihe branch, however urgent the wants of the Treasury might he. The President, I think, ought to have seen, in the form and language of tho proviso, the spirit of concili ation in which il was drawn, as 1 know. It does nol Visert tho power; it employs the language of the Constitution ilself, leaving everyone free to interpret thai language according to his own sense of the in strument. Why was it deemed necessary to speak of its being " the language of the master to the vassal, ' of " this iron rule," that " Congress wills snd submission is de manded 1" What is this whole Federal Government but a mass of powers absiracted from the sovereignty 1 of the several States, and wielJed, by an organiied I Government for their common defence and general welfare, according lo the grants of the Constitution 1 These powers are necessarily supreme ; the Constitu tion, the ?cls ofiCongress, and treaties l?eing so de clared by the express words of the Constitution ? Wh never, therefore, this Government sets within the powers granted to it by the Constitution, ?ubniis sion and obedience are due from all; from Slates is well as from persons. And if this present Ihe image of a master and a vassal, of State subjection an I Con gressional domination, it is ihe Constitution, created itr consented lo by the States, lhat ordains these rela tions. Nor can it be said, in the contingency sup posed, that an aet of Congress has repealed an act of Stale legislation. Undoubtedly in case of a conflict ' between a State Constitution or State law, and the Constitution of the United Stales or an act of Con gT*M pasaed in pursuance of it, Ulr Hi.tr Constitution or State law would weld. But H could not at least be foruislly or technically Mill thai tbe Stale Constitution or law WM repealed. It* operation would be au>|iend cd or abrogated by tbe neceesary predommance of the paramount authoniy. The Preeldent seems to have legsrded as objection able that provision in the clause which declare* ibat a blanch, being once established, it ahould not afterward* he withdrawn or removed without the previous consent of Congress. That provision waa intruded to ojieralc both upon the bank and the Stalea. And, considering the change* and fluctuations in public sentiment in some of the States within the laal few years, wss the security against ihrm to be K^ind in that pro vision unreasonable 1 One Legislature might invite a branch, which the neit might attempt, by penal or other legislation, to drive away. We have had such examples heretofore; and t cannot think that it was unwise to profit by experience. Besides, an exactly similar provision was contained in the scheme of a bank which was reported by the Secretary of the Treasury, and to which it was understood the Pre sident had given his aaaant. But if I understand this message, that scheme could not have obtained his sanciion, if Congress had passed it without any alteralio.n whatever. It authorized what is termed by the President local discounts, and he does not be lieve the Constitution confers on Congieas power to ratablish a bank having that faculty. He says, in deed, " I regard the bill as asserting for Congress the ' right to incoriiorate a United Slates Bank, with ' jmwer and ngnt to establish offices of discount and deptmite in the several States of this Union, icith or 'without their content; a principle to which ! have ' alwayt heretofore been opposed, and which can nerir ' obtain my function." I puss with pleasure from this painful iheine | deeply regretting that I have been constrained so long lu dwell on it. On a former occasion 1 slated that, in the event of an unfortuuale difference of opinion between the Le gislative and Executive Departments, the point of dif ference might lie developed, and it would be then seen whether they could be brought to coincide in any measure corresponding with the public hopes and ex pectations. I regret that the President has not, in this message, favored us with a more clear and expli cit exhibition of his views. It is sufficiently mani fest that be is decidedly opposed to the establishment of a new Bank of tbe United States formed after the two old models. I think it is fairly to be inferred that the plan of the Secretary of the 'I reasury could n?t have received his sanction. He is opposed to the pas sage of the bill which he has returned ; but whether he would give hia approbation to any bank, and, if any, what sort of a bank, is not absolutely clear. 1 think it inay be collected froin the message, with the aid of information derived through pthei sources, that the President would concur in the establishment of a bank whose operations should be limited to dealing in bill" of exchange, to depoaites, and to the supply of a circulation, excluding the power of discounting |iro missory notes. And I understand that some of oji friends arc now considering the practicability of ar ranging and passing a bill in conformity with the views of President Tyler. Whilst I regret that I can take no active part in such an experiment, and must reserv e to myself the right of determining whether I can or cannot vote for auch a bill after 1 see it in its matured form, I assure my friends that tliey shall find no obstacle or impediment in me. On the contrary, I say to them, go on : God speed you in any measure which will serve the country, and pre serve or restore harmony and concert between the Departments of Government. An Executive Veto of a Bank of the United States, after the sad expe rience of late years, is an event which was not antici pated by the political friends of the President; cer tainly not by me. But it has come upon us with tre mendous weight, and amidst the gieatest excitement within and without the metropolis The question i*i What shall be dune 1 What, under this uiost em barrassing and unexpected stale of things, will our constituents expect of us? What is required by the duty and the dignity of Congress ? I repeat that if, after a careful examination of the Executive message,' a hank can be devi?ed which will afford any remedy to exisling evils, and secure the President's approba tion, let the project of such a bank bo presented. It shall encounter no opjiosilion, if it should Receive no support, from me. But what furthei shall we do ? Never since I have enjoyed the honor of participating in ihu public coun cils of the nation?a fcriod now of near thirty-five years?have I met Congress under more happy or more favorable auspices. Never have I seen a llouse of Representatives animated by more patriotic disposi tions?more united, more determined, more business like. Not even that House which declared war in 1812; not that which in 18l5-lt? laid broad and deep foundations of national prosperity, in adequate provi sions for a sound curiency, by the establishment of a Bank of the United Slates, for the payment of the national debt, and for ths protoction of American in dustry. This House has solved the problem of the competency of a large deliberative body to transact the public business If happily there had existed a concurrence of opinion and cordial co-operation be tween lhe different departments of the Government, and all the members of the party, we should have car ried every measure contemplated at the extra session, which the People had a right to rx|s>ct from our pledges, and should have been, bv this time, at our respective homes. We are disappointed in the one, and an im portant one, of that series of measures; but shall we therefore despair? Shall we abandon ourselves to unworthy feelings and sentiments? Shall we allow ourselves to bo transported by rash and intemperate passions and counsels? Shall we adjourn and go home in disgust ? Nol No! No! A higher, nobler, and more patriotic caieer lies before us. Lot us here, at the east end of Pennsylvania avenue, do our duty, our whole duly, and nothing short of our duly, towards our common countr>. We have repealed the sub- 1 reasury. We ha\e passed a Bankrupt law, a beneficent measure of substantial and extensive relief. Let us now paxi the bill for the distribution of the proceeds of the public lands; the Revenue bill and the bill for the benefit of the oppreesed people of this District. Let us do all?let us do every thing we can for the public good. If we arc finally to l.e disap pointed in our hopes of giving la the country a Bank which will once more supply it with a sound currency still let us go home and tell our constituents that we did all that we could under actual circumstances; and thai, if w? did not carry every measure for their re lief, it was only because to do so was impossible. If nothing can be done at this extra session to put upon a more stable ami satisfactory basis the currency and exebungea of the country, let us hoi* that hereafter some Way will be found to accomplish thai most desii ablo object, either by an amendment of the Constitu '""'ting and qualifying the enormous Executive pow, r, and especially the veto, or by inc.eased major. m w in t le two Houses of Congrew comni'tent. to the passage of wise and salutary laws, the President's ob jections notwithstanding. I liis sceiiis to me to ne the course now incumbent upon us to pursue; and, by conforming to it, what ever may he the resull of luudable endeavors now in progress or in contemplation in relation to a new al len.pt to establish a Bank, w,. shall go home bearing no self-reproaches for neglected or abandoned duly. Steamboat Exn.or.ioN.?The steamboat Louisiana, bound from New Orleans for St. Louis, with United States troojis, exploded the head of on* of her boilers, the fatal effect* of which are thus described in a letter from the captain : 10 miles above ) Bayoi Sara, Aug. 13, 1841 j While running along last evening as usual, the head of the starboard boiler bunt, carrying every thinir before it to a heavy bank of wood piled nn the fore' castle. By this accident we lost three overboard sup noaed Mi be drowned, tn wit: William Smith Duck hard J. Goodmen, firemen and Harry Ftnley, colored fireman. VV e had six maided, two of whom' are since dead, namely, Jacob Cross Duckbard, and John Hen ry, Firemen. 1 lie surviving four are doing well, and are not in a dangerous situation, except one whose ease m dotilrt ful. Of the United NtMes troops there are some Ijj or Ij missing, and 1 dead None of the officers of the Army or of the boat are hurt, nor any cabin pas senger. I am induced to believe that the missing iwr- l sons were either blown overboard, or jumped over 'and were drowned. Several swam ashore No blame, I bel.eve, can 1* attached to any ncrso on board, as we were running only under a modcra head of steam Some of the officers of the Army will send a report of the., dead and miss.ng. We are "i" "'J i" ?bout twenty hours with seven boilers, the bursted one walled off. Very resiiectfully, LARKIN F. WOODS. Chineie Punishment.? According it,. ? - . ~ , ur .a? many hours and exposed in a painful position with knees pressed ?p to his chin " This, (said a'waif looktng a, . pr.nt of it,) cannot be a Cnn-Le pun,1 *.u Ik*' Ff"kin'[ "P^h'n* of animals, hesitation to s "M' h" BP?n lhal h *?M?y phrase, " thr mute creation. ' ' I ~~<t?9nt8'?fef***ft Cowft?88 rmsr skssios^ IN SENATE, Tui'MbiV, August 26, IMI. Ml. TAPPAN, from the Joint Committee on ihe Library, repelled, with aimndimnU, the feMjIulmn for the distribution of the printed return* ol the 0th **The Fortification bill *u taien ?l'. the <|??tion being on concurring in the amendment. ot the Ilou*. and after Uriel remark* by various Senator-, *?? laid over till to-morrow. UIHTKlBtlTION AND PW-BMPTION BILL. Tbi? bill wa? ago taken up; the question being on CUTHBERT, Mt ROBERTS, and YOUNG, opposed the bill. Some remarks were made on collateral i**ues by Meaara. ARCHER, SEVIER, LINN, aud CLA\ Mr. RIVES advocated, and Mr. BKN 1 U.N at leugth opposed I be bill. Without concluding hia re uiaiks, the latter gentleman gave way to * motion from Mr. OLA Y, of Ala , to adjourn. Mr. S Vlll 11, of Indiana, expressed the hope that the motion would not prevail, aa an adjournment wi>s agreed to yesterday, Willi the understanding that the ouentiou on tl.e nuasage ol the bill ahould be taken today. The motion waa negatived: leas la, naya .?i Mr. BENTON then resumed hia remark*, which, after being continued at aome length, he concluded by moving to recommit the bill, wuh instruction* to airike out tlic " baiidHHiiliiig pre-emption section*, and inaert section* containing the pre-emp'lon and graduation principle*. Tliia motion failed : \ ea# 22, nay* The bill was then finally passed, by the follow ing vote : YEAS?Meaara. Archer, Barrow, Bate*, Bayard, Berrien. Ohoale, Clay, ol Kentucky, Clayton, Dixon, Evana, Graham, Hendrraon, Huntington, Kerr Man guin Merrick, Miller, Moreheod, Phelps, Porter, Prenlis*, Rives, Simmon*, Smith, of Indiana, South ard, Tallmadge, While, Woodbridgo? NAYS.?Meaara. Allen, Benton, Buchanan, Cal houn, Clay, of Ala., Cmhberl, Fulton, King, Me Roberta, Mouton, Nicholson, Pierce, Prealon, ??' vier, Smith, of Conn., Sturgeon, Tappan, Walker, William*, Woodbury, Wright, Young-tO. And then the Senate adjourned. HOUSE OF REPRESENTATIVES, Thchsday, Auguat 120, 1841. The journal of yesterday waa read and approved. Mr. AARON V. BROWN naked the tlouae to excuae him from further aervice aa a member of the Committee on Eleciiona. Mr. B. said that he waa the last of those who had served upon that committee during the la?t Congrenb; and every body knew how laborious were the duties which had been performed by it. Mr. WARREN and Mr. ARNOLD made a re mark, underatood to be in objection, but the Re|*,rter could not hear whjt it waa. The motion wai then pat, and Mr. B. wan excised. Mr. BR1GGS offered ihe following resolution Iiaolttd, That at 12 o'clock M. thia day all debate in Committee of the Whole on the bill (No. 30) to make appropriations for the Post Office Department khall cease, and the committee shall then proceed to vote on the amendment* theu pending, or that muy be offered to aaid bill; and the aame shall then be report ed to the House, with auch amendments aa may have been agreed to by the committee: Provided, I hat no thing in tbia resolution shall prevent the committee from reporting the bill to the House at an earlier hour if it shall think fit. . Mr. ANDREWS, of Kentucky, indued if that was a privileged question '? The SPEA Kbit replied that it waa. Mr. ANDREWS, of Kentucky, moved to amend the reaoiulion by inaerting " 12 o'clock next Monday inatead of this day. On which motion Mr. A. asked the yeaa and naya ; which were refuaed. Mr. LINN moved a call of the House. Mr. YOItKE asked the yeas and nays on that mo tion; which were ordered, and, being taken, were: Yeaa "a, nays 46. So thecal! waa ordered. And ihe Clerk having called the roll, 150 member* answered to their names. And, on motion of Mr. LINN, all further proceed ings on the call were suspended. The question recurring on the amendment of Mr. Andrews? Mr. WARREN moved the previous question. And there waa a second. And the main question (being firat on the amend ment) waa ordered, and, being taken, waa decided in the negative. So the amendment was rejected. Mr. ANDREWS, of Kentucky, then moved to lav the resolution on the table, and asked the yeaa and naya on that motion ; which were ordered, and, being taken, were : Yeas 02, nays 96. So the resolution was not laid on the table. Anil the question recurring on ihe adoption of tho amendment? Mr. ANDREWS, of Kentueky, aaked the yeas and nays, which were ordered, and, being taken, re sulted as follows: YEAS?MescrsS. J Andrews, Arnold, Ayerigg, Babcock, Barnard, Birdstye, Black, Blair, Boardman, Borden, BoUs, Briggs,Brockway,Bronson, M.Brown, Burnell, Win Butler, Tho*. J Campbell, Caruthers, Chittenden, J. C. Clark, S. N. Clarke, Cowen, Crans Ion, Cravens, W. C. Dawaon, John Edward*, Ever ett, Fillmoie, A. L. Foster, Gamble, Gentry, Goggin, P. G. Goode, Graham, Green, Greig, Habersham, Hall, Haisled, Win. S. Hastings, Henry, Howard, Hudson, James Irvin, W. W. Irwin, James, John P. Kennedy, Lane, Lawrence, Linn, Samson Mnssn, Math lot. Mattocks, Maxwell, Mavnard, Moore, Mor gan, Morrow, Osborne, Owaloy, Powell, Ramsey, Benjamin Randall, Alexander Randall, Randolph, Rei.chcr, Ridgway, Russell, Salton tall,- Shepperd, Siiuonton, Slade, Smith, Stratlon, A. H. H. Stuart, John T. Stuart. Summcu. Taliaferro, J. B. Thomp aon, R. W. Thompson, Tillinghast, Toland, Toai linson, Triplet!, Trumbull, Underwood, Wallace, Warren, Washington, J L- White, T. W. \\ il Hiatus, Lewis Williams, C. H Williams, Winthrop, Yorke, Augustus Young, J. ^ oung?98. NAYS?Messrs. A.lams, L. W. Andrews, Ar rington, Alherton, Beeson, Bidlatk, Bowne, Boyd, A. V. Brown, W m. O. Butler, John Campbell, W B. Campbell, Clifford, Clinton, Cross, Cushing, 11. D. Davis, Dean, Doan, Oolg, Eastman, J C. Edward*, Ferris, J. G . Floyd. Cha le* A. Floyd, Fornance, Ger rv, William O. Goode, Gordon, Gustine, Harris, John Hasting*, Hays, Houck, Houston, Hunter, Ingeisoll, Jack, Cave Johnson, Keim, A. Kennedy, Littlefield, A McClellan, McKay, M.illory, Marchand, John 1 Mason, Miller, Parmentcr, Payne, Plumer, Reding, Reynold*, Roosevelt, Saulord, Saunders, Shaw, Sny der, Steenrod, Sumter, Sweney, Van Buren, Wat terston, W est brook, W ood?tM?. So the resolution was adopted. POST OrnCE DEPARTMENT. On motion of Mr. BRIGGS, the House resolved it self into Committee of the Whole on the alate ol the Union, (Mr. Evt?tTT,of Vermont, in the chair,) ami resumed Ihe consideration of the bill making appropri ations for the Post Office Department. The |* iiding question being on thn following amendment, heretofore offered l>y Mr. Gii-MRh; " Provided, That the money hereby appropriated shall lie accounted for by the Post Office Department hereafter, when the condition of i's funds shall permit ; and be refunded into ihe Treasury, or deducted from any sums which the Po-t ( Mice Department may here tofore have paid into the Treasury. Mr. ANDREWS, of Kentucky, was entitled to thn lloor; winch, however, he yielded for purposes of ex planat on to Mr. BOTTS, who said he would occupy the atten tion of the committee only a lew minutes. It might lie expected, ailei the leinarks made by the gentleman from M?ssaehu*ett* (Mr. Cuwhing) yester day, that he (Mr. B.) should offer some observation* upon the question which occupied the time of the co n mittee?not upon the bill under consideration, but u|>on the question which occupied the attention of tho committee. The gentleman had accorded to him, what he (Mr. B.) cheerfully conceded to that gentleman, the right to think for himself and to speak tor him*ell I hey differed very materially in their view* a* to Ihe course of the President of the United Stale* on the subject referred to, and a* to the results of those view* 1 hat, however, wa* a matter of opinion of judgment , he ( Mr B ) had no disposition to interfere with that gen lie man's opinion or with the expression of it ; nor did hr (Mr B ) mean to have/lit opinions oi his judg ment, or the expression of those opinion* srre*led, I or arraigned here--he thanked the gentleman for tin word,) so long as he was a Representative from Ibe State of Virginia The gentleman hail not invited hut had challenged an argument on this subject. He (Mr B ) took lb* gentleman at hi* word?he acceded the challenge, but not at this moment Yesterday he had **>'' 1 "it the time bad not yet arrived for il; but the time won ? come, and when it did, if he should I* fortuns e