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The Madisonian. (Washington City [i.e. Washington, D.C.]) 1837-1845, August 28, 1841, Image 2

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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
'.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 ??!???.
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
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
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
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
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,
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^
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.
Tbi? bill wa? ago taken up; the question being on
YOUNG, opposed the bill.
Some remarks were made on collateral i**ues by
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
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.
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.
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
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.
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
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

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