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The Extra Session 1-33

TIlE MONTHLY HISTORICAL REGISTER. JANUARY 1S38. THE EXTRA SESSION.# THE only former occasion on which the country had witnessed the convocation of Congress, by special proclamation of the President, at an earlier day than that ap- pointed by their own adjournment, was, towards the close of the late war with Great Britain, when President Madison, by proclamation, August 8th, convened it for September 19th; the combined mo- tives hem,,,, in this instance, both to pro- vide for the wants of the Treasury, at a critical emer,,ency of the war, and to be prepared for immediate action upon what- ever might be the results of the important events which had taken place in Europe in that year, in their bearina upon the question of peace with the power with which we were at war. Previous to the bank suspension is~ May, the President had been strongly urged to convene Congress before the usual period of its assembling, for the purpose of affording some relief to the severely pressed and deranged business of the country; which step he had not, however, considered necessary, until that event presented the question, on new ground, such as appeared to justify and demand the measure. On the 15th May, .therefore, he issued his proclamation to that effect, in the form and mode pre~ scribcd by the precedent of 1814. rhe beginning of September was fixed upon, to afford time for the elections to the Congress yet tobe held in several of the States. *NovE.The Monthly Chronicle of events, which it is an important part of the plan of this work to attach to it, (being separately paged, so as to admit of being bound together at the end of the year, as a general Annual Register) is properly designed to commence only with the year 1838, and was not intended to comprise the events of the year 1837. It has, however, been deemed proper, so far to deviate from that design as to include the history of the recent extra session of Congress. The value and interest of compendious narrative histories of the successive sessions of Congress will not need explanation, to be apparent to all classes of readers. It is an important desideratum to all parties, which it is our plan to supply. At present it is scarcely possible for any one to retain any distinct ideas of the general outlines of our Congressional history from session to session. Though the proceedings of the two Houses are watched with anxious attention, yet it is impossible to retain any broad and connected views of their course of legislation, as a whole, amid the slow and complex forms of procedure, and the multiplicity of details, which, crowding rapidly upon each other from day to day, are immediately lost forever to the memory, remaining thenceforxvard buried under the mountains of rubbish of the old files of half-a-years newspapersand even there in the most imperfect and disjointed forms. The history of the extra session, here given, is intended to show the general mode in which it is designed to supply this deficiency heretofore existing, as one of the regular features of the historical department of this work. An extra number, or an enlarged number, will be devoted, at the close of each session, to this purpose. It is believed that the tabular statement of the principal votes by Yeas and Nays, which will be added, will be a valuable, as it will be a novel, publication. The most faithful accuracy, in the narrative of events and debates in this portion of the work, will be earnestly cultivated. It is designed equally for all parties and classesin a word, it is designed to be history ;in this alone can consist its value to any. VOL. I. The Extra Scss~Pon. On Monday, September 4th, at noon, in accordance with the proclamation of the President, the two Houses of Con- uress assembled at the Capitol, for the first session of the twenty-fifth Con~ress. The Senate was or6anized by the Vice President; and on the first day performed no other business than the election of their sergeant-at-arms and door-keeper; to the former office, Mr. Stephen Haight was unanimously elected; and to the latter, Mr. Edward Weyer, by a majority of the bal- lots. Mr. Asbury Dickens was elected Secretary, and the Rev. Mr. Slicer, of Georgetown, Chaplain, to the Senate. These letter elections took place on the succeeding Monday of the session. ELECTiON OP SPEAKER TO THE HOUSE OP aEPaESENTATIvES. The House of Representatives was called to order by Mr. Walter S. Frank- lin, the Clerk ofthe last House; which offi- cer, accordin0 to one of the standing rules, holds over his office until the election of a successor. Such has been the uniform practice on former occasions; but while the Clerk was proceeding with the roll- call of the members names, on reaching that of Mr. Cushing, of Massachusetts, that gentleman, before answering, took the occasion to protest a~ainst the impro- priety of that mode of procedure, with a view to an attempt which he proposed to make, on another occasion, to change the practice for the foture. On reaching the names of the representatives-elect from Mississippi, Messrs. Claiborne and Ghol- son, an interruption of a more important character occurred. Mr. Mercer of Va., rose to inquire of the candor of those gen- tlemen, whether their election was valid, as having been conducted with the requisite compliance with the constitutional fo s. The two gentlemen from Mississippi re- plied with some indi6nation to this call; their election had, it seems, been impugned by a few individuaL of the defeated party in their own State, after the result was decided, on the ~round of an irregularity alle~ed to have heen committed by the Governor (of the opposite political party to their own) in his proclan~ation for the special election. The objection was, they stated, almost universally deemed futile; and they were there with their credentials from the authorities of their State, in all due form, which they denied the right of any other than a regularly appointed com- mittee of the House to questionprotest- in~ a ~ainst such a course as an insult to the sovereign State which they, with all the same prerua fecie eviden~e that any other member could exhibit, appeared there to represent. They stated their determina- tion not to be drawn into a discussion of the subject at present, nor to answer form- ally such a demand; and also to chal. cage, in a similar way, the right of every member, from first to last, if this course should be persevered in. The motion made by Mr. Mercer, to the effect that sufficient evidence had not been offered to shew that the two gentlemen in ques- tion were entitled to their seats, was then laid upon the table, by the vote of 131 to 5. Another attempt was, however, made to exclude the two representatives from Mississippi from the contest for the elec- tion of Speaker. It was generally be- lieved that that contest would be extremely close; and it was supposed that if the House could be so organized, before the election of Speaker, as to be competent to enter into the consideration of aught be- yond the pri fcecie evidence of the right of any member, the validity of the Mississippi election might be immedi- ately arraigned, with the probable, or pos- sible, effect, that the two members claim- ing (stron6 supporters of the Administra- tion,) mi6ht be excluded from votin6, un- til after they should have established their right before a committee. In the case of Moore and Letcher, both parties had claimed the seat, both exhibit- in6 prima facie evidence; they had ab- stained from votin6 for Speaker (by mu- tual greement) their names beina passed by, by general consent. A motion was accordin6ly made, by Mr. Rhett, of S. C., that the House or~anize itself by calling the oldest member, (Lewis Williams, of N. C.,) to the chair. This gave rise to an nnim~ ted debate; the proposition was supported chiefly by Messrs. Rhett, Wise, and Robertson, and the motion to lay it on the table, supported by Messrs. Pat- ton, Thomas, and McKay, as also by Mr. Lewis Williams, who was of opinion that the House was pursuin6 the regular and proper course. It was finally laid on the table without a division. The calling of the roll wfis then completed, and the House proceeded to the election of a Speaker, which was decided on the first ballot, JAMES K. POLE, the Adminis- tration candidate, receiving 116,and JOHN BELL, his competitor, 103 votes, there being S scattering. An unusual interest attached to this election, and there has rarely been so full an attendance on the first day of a session. Although the Administration bad a clear majority of some fifteen or sixteen in the House, yet no little uncertainty prevailed, as to the course that would be pursued by that small section of the friends of the Ad- ministration to whom the specific name of Conservatives had been applied, it was generally understood that these gen- tlemen, to the number of about twenty, were decidedly averse to supporting the policy of reform, in the fiscal action of the ~lfeneral Government, (with its pre- sumed incidental influence on the cur- 2 [January, The Message. rency and bankin~ system of tw coun try,) which the Administratio was tin derstood to contemplate. And as the or~anization of the committees mm~ht in the close division of pamues e ~mum~ some influence on the course of l~mslat~on to be pursued by the House toe commit tees being appointed by tlm~ SpeAs~r it was supposed that a sufficient nnmb~i o5 this section would support th~ Oppo~mtion candidat in the ballot, to defeat the elec- hon of Mm polk, well known to second the Administration firmly in its views of fi- nenci 1 p~hcy. These calculacions, how- evei pioxed deceptive, notwithstanding toe stienuous efforts made by the Opposi- uon nm~s~ to win or drive over the Conser- v cm e~ to an abandonment of their party on tn~ lerding test question, that of the Speakem ~omp. i ,~ touner incumbent, Mr. Wcdter S. F,emmrdmm was re-elected Clerk of the flou~ by a large majority; and the for- ro~r soordmnate officers of the House, Si Rodermck Doisep, as sergeant-at-arms. and ~\ ~ssrs tarr and Hunter, as door- keTems were re-appointed. The Chap- a~n to tO House, elected on time 12th ~wt. was the Rev. Mr. Tuston. TiLE MESsACE. The Presidents sness ~e was sent down. to ooth houses on the following o 0 x no former occasiOn had an I: soen v~ message excited a more in- te se anxiety. Much uncertainty had pre- vau~d umioughout the country, as to the emound which the President would take, o tue p~tumarly tryin~ circumstances of a s postion 1 Y sollowin~ is a condensed analysis o m - ~nts. We regret time inspossi- bK he- o~ Ivin~ it entire in this place. It cx red universal admiration, on its de- 0.- oe the part of friends and foes, for t ~m~amc~ and force of style, and bold cmmn~s in its opinions and recommenda- t je~ at tIme same time that the latter were axor e-iy denounced by the Wimi~s and Cons~rvatmves as too radical in their character, and destructive in their ten- deucy. The great body of the deneocra- tic party were, however, loud in the ex- pression of their approval and adamira- tion The number of extra conies or- dered to be printed were, in the Senate 5000 with 1500 of time accompanying documents, (afterwards amended so as to comprise 3000 copies of the Report of time Secretary of the Treasury); in the House 20,000 copies of the Message, and 10,000 of the Report of she Secretary of the Treasury. Toe Message commenced with a suc- cinct statement of the reasons which had induced the President to convene the extra sesseon of Con ress. These were: 1. That the system of deposits and saf~ keeping of the public moneys, established by the Deposite Act of time 23d of June, 1836, havin~ been rendered suddenly and totally inoperative by time general bank suspension in May last, it appeared the duty of the Executive to afford Congress an early opport- nisy of exercising its supervisory poivers over the subject. 2. The apprehension, justified by s sequent results, that there would be a deficiency in the revenue to defray the unavoidable expenses of the Government, without the provision of additional means by Congress, before the usut period of its meeting. 3.The extension of the custom-house bonds, first to September 1st., and again to October 1st, to place the subject withims the discretion of Concress. 4. The consideration of the October in- stalivient of the surolus revenue, to be de- posited with the Sc ~s appearimic to re- quire the intepositmon of Congress. 5. The difli~ulty mu xx ha ix the Goverim- meat was p1-iced bg th~ sispension, to eet its enoacements ma cold and silver, as required ~y 1 w The President th~n pioceeded to give his views upon tIe eneral causes of the late financial convul-,mon which we find it inveossile to cosid us. 1 he hm~e y om ri iii the United States P tO i-c - t imp or four years, affords to ~ comm a ug evidence tuat our pm~s em tmmPon chiefly to be atrmhuted to ox { aetmom, mu ill time depart- ments Ot bs siness; aIm overnetion deny mu permips ste fi ~t impulses from aitecedent cans s Lu oui ulated to its destmuctive censeAucaces ny excessive issues of bank pener amed by other facili- ties for the acquisition -ad emelargement of credit. At ti commencement of the year 183-h time bamme mmm c:mpital of the U omeed States mm-i dec that of the national hank toen enstimec amounted to about two bandied ommilmoos of dollars; the bank notes thems in cir ulition, to about ninety-five ammllione sod the loans and discounts of th~ banks to three hundred and twenty~four millions. Between that time and tue first of January, 1836, being the latest period to hich accurate counts leave been received, our banking capital was increased to imeore timame two hundred and fifty-one mecillions; our paper circulation to neore than one leundred and foi-ty millions; and the loans and dis- counts to more tlcan four hundred and fifty-seven millions. To this vast increase are to be added the many millions of credit, acquired by means of foreicn loans contracted by the Stetes end State institu- tions, and above all by the lavish accomem- neodations extended by foreign duelers to our merchants. The consequences of this redundancy of credit and of the spirit of reckles. spec- 1839.] 3 The Extrt & ssi4n. ulation en~endered by it, were, a foreign debt contracted by our citizens, estimated, in March last, at more than thirty millions of dollars; the extension to traders in the interior of our country,. of credits for sup- plies, greatly beyond the wants of the people; the investment of thirty-nine and a half millions of dollars in unproductive public lands, in the years 1835 and 1836, whilst, in the precedi g year the sales amounted to only four and a half millions; the creation of debts, to a almost count- less amount, for real estate in existing or anticipated cities and villa~es, equally unproductive, and at prices now seen to have been gi atly disproportion te to their renl value; the expenditure of imme sums in improvements which, in many cases, have been found to be ruinously improvident the diversion to other pur- suits of much of the labor that should have been applied to a5riculture, thereby con- tributin~ to the expenditure of large Sn. s in the importation of grain from Europe- an expenditure which, amounting in 1834 Vo about two hundred and fifty thousand dollars, was, in the first two quarters of the present year, increased to more than two millions of dollars; and finally, without enumerating other injurious re- sults, the rapid growth amnug all classes, and especially in our great commercial towns, of luxurious habits, founded too often on merely fancied wealth, and detri- mental alike to the industry, the resources~ and the morals of our people. It was so impossible that such a ate of things could lona continue, that the prospect of revulsion was present to the minds of considerate men before it actually came. None, however, had correctly anticipated its severity. A concurrence efcircumstauces, inadequate ofthemselves to produce such wide-spread and calami- tous embarrassments, tended so 5reatly to a~ravate them, that they cannot be overlooked in considering their history. Amang these i. ay be mentioned, as most prominent, the rent loss of capital sus- tained by our commercial emporium in the fire of December, 1835a loss, the effects of which were underrated at the time, because postponed for a season by the ,reat facilities of credit then existing; the disturbin effects, in our com. Lercial cities, of the transfers of the public moneys required by the deposite lawofJtme, 1836; and the measures adopted by the foreian creditors of our merchants to reduce their debts, and to withdraw from the United States a large portion of our specie. However unwillina any of our citizens may heretofore have been to assi~n ~o these causes the chief instrumentality in producin~ the present state of thinas, the developements subsequently made, and the actual condition of other commercial countries, must, as it ems to me) dispel all remaining doubts upon the subject. 1t has. since appeared that evils, similar t~ those suffered by ourselves, have been experienced in Great Britain, on the continent, arid, indeed, throughout the commercial world; and that, in other countries, as well as in our own, they have been uniformly preceded by an undue enlargement of the boundaries of trade, prompted, as with us, by unprece- dented expansions of the systei s of credit. A reference to the amount of banking capital, and the issues of paper credits put in circulation in Great Britain; by banks, and in other ways, dunn5 the years 1834, 1835, and 1836, will show an augmenta- tion of the paper currency there, as much disproportioned to the real wants of trade as in the United States. With this re- dundancy ofthe paper currencythere arose in that country also a spirit of adventur- otis speculation, embracin5 the whole range of human enterprise. Aid was pro- fusely given to projected improvements; large investments were made in foreign stocks and loans; credits for goods were granted with unbounded liberality to mer- chants in forei a countries and all th means of acquiiin~ and employin5 credit were put in active operation, and extend- ed in their efihcts to every department of business, and to eve quarter of the globe. The reaction was proportion its violence to the extraordinary char- acter of the events which preceded it. The commercial community of Great Britain were subjected to the oveatest dif- ficulties, and their debtors in this country were not only suddenly deprived of accustomed and expected credits, but called upon for pa~nents, which in the actual posture of thin5s here, could only be made throu ~ h a general pressure, and at the most ruinous sacrifices. In view of these facts, it would seem impossible for sinedre inquirers after truth to resist the conviction that the causes of the revulsion in both countries have been substantially the same. Two. nations, the most commercial in the world enjoyin but recently the highest de~,ree of apparent prosperity, and main- tainin5 with each other the closest rela- tions, are suddenly, in a time of profound peace, and without any great national disaster, arrested in their career, and plunged into a state of embarrassment and distress. In both countries we have witnessed the same redundancy of paper money, and other facilities of credit; the same spirit of speculation; the same partial successes; the nine difficulties and re- verses, and, at lenath, nearly the same overwhelming catastrophe. The most material difference between the results in the two countries has only been, that with us there has also occurred an exten.~. sire derangement in the fiscal nffair of 4 [Janirnry, The Message. the Federal and State governments, occa- sioned by the suspension of specie pay- ment by the banks. The history of these causes and effects, in Great Britain and the United States, is substantially the history of the revulsion in all other commercial countries. He then proceeded to call the attention of Congress to the different subjects upon which their legislative action should be directed; the first and most prominent be- ing the re~ulation by law of the deposite, transfer, and disbursement of the public revenue. Thou h banks, National and State, had always heretofore been used for that purpose, recent events have great- ly increased the desire, lon,, existin,, among the people, to dissolve this fiscal connection. A National Bank he con- sidered as placed out of the question, by the emphatic decisions of the public will, twice solemnly passed upon it. He saw no reason to believe that any change had been, or should be, wrought in this strong public opinion by recent events. The prominent vice of the banking system, proneness to excessive issues, was as operative in the case of a large as of a small bank, as was proved practically, by the experience both of this country (especially in the recent suspension) and of Great Britain. Nor could he see in the consideration of the domestic ex- chan,,es any tenable ground for the re- establishment of a National Bank. The facilities to be afforded for this purpose were re ,,arded but as an incidental ad- vantage in the creation of the former bank, though now demanded as a primary duty from the General Governmenta strikin,, instance of the tendency to fede- ral consolidation of power, by a portion of the people. There are two classes of bills of exchan,,e, bones /lde bills drawn for the transfer of actual property, or for the anticipation of the proceeds of pro- perty transmitted; and bills not based upon any such real transfer, but designed only to create a fictitious capital, possess- ing all the worst characteristics of ex- panded paper credits. The former are of course highly useful; the latter (which have formed, for the last few years, a large proportion of our domestic exchanges) ought to be discountenanced. For the transfer of its funds Govern- ment is on the same footing with indi- viduals, and may use the same legal means, by bills either drawn by itself or purchased from others; and may doubt- less thus incidentally facilitate real ex- chan~es. He referred to the report of the Secretary of the Treasury for his views as to the extent to which this could be le,,itimately carried. But it was not designed by the Constitution that the Government should assume the mana,,c- meat of domestic or foreian exchange; it might as justly be called on to provide for the transportation of merchandize. This governmental aid demanded for this purpose is not deemed necessary in other countries; the exchanges of Europe, car- ried on for the most part by private houses, though through distinct sovereignties, and far exceeding the amount of real ex- chan~es in our country, are conducted with safety, stability and cheapness; and there can be no reason to doubt that a system founded upon private interest, enterprise and competition, without legis- lative interference, would prosper with us; while it would put an end to the serious evils from which the country has so long and severely suffered, arising out of the connection between trade and politics. To the project of a National Bank, in any form, the President expressed himself as more stron,,ly opposed than ever, on grounds equally of good policy and con- stitutionality. The State bank system has proved un- successful on the three different occasions in which it has been used, although at the earlier stages of the last attempt it was eminently successful. The practice of thus employin,, banks was originally a measure of emergency, rather than of sound policycontinued from motives of convenience; but now, when, from our fleedom from debt, and general prosperity and peace, such motives no Ion a er exist, the question arises whether the connection now dissolved by circumstances ought to be again renewed. The first obvious objection to the sys- tem is, the liability under which it places the Government of being thus suddenly paralyzed in its fiscal operations, however large may be its surplus funds on hand; an evil augmented by the salutary laws which forbid its having any thing to do with a depreciated paper currency. How disastrous mi,,ht have been the conse- quences of such an occurrence in a time of war. Ours is probably the only govern- ment in the world thus exposed to such a danger. But, moreover, the possession of the public money, by a select number of banks, to be used as a basis of banking operations, is doubly pernicious, both to the public and to the banks themselves. Eagerly sought after by the latter, it be- comes a means of patronage much to be deprecated, whether vested in Congress or in the Executive; and then, stimulat- ing them to over-banking, to make the greatest profit out of it possible, leaves them in a situation of great embarrass- ment, if the public exigencies call for the use of the money deposited with them.. With reference to the public, it serves as an additional stimulus to a credit sys- tem, of which the tendency to excess is at best so strong and dangerous. This has 183S.I 5 6 The Extro~ Session. [January, been exemplified in the case of the public lands, in which even the specie circular could only lessen and not remedy the evil. The President here drew a forcible distinction between the sound, natural credit, bnstd on probity, industry and enterprise, and the excessive credit, unduly stimulated by speculation, which always operates ruinously, in the end, to the ~reat laborin,,, classes. Excess and abuse of credit no legislation can prevent, but government can at least abstain from contributing the stimulus that calls them into life. He then proceeded to state that the safe keepin~ and transfer of the public money can be conducted by the public officers, (with the security of official oaths and bonds, and responsible to the supervision of the Govern. ent and Conaress) who now collect and disburse it, with entire s-fety and convenience. The difficul- ties of transfer, and the aid heretofore ren- dered by banks, have been less than is usually supposed. The actual accounts show that by far the larder portion of j)ayments is made within short or con- venient distances from the places of collection; and the whole number of warrants issued at the Treasury in the year 1834a year the results of which, it is believed, afford a safe test for the future, fell short of five thousand, or an average of less than one daily for each State; in the city of New York they did not averace more than two a day, and at the city of XVashin~ on only four. With respect to the amount of money entrusted to the officers employed (and there need be no increase in their present numbers) nssumisg a balance of five millions to 1)0 at all times kept in the Treasury, and the whole of it left in the hands of the collectors and receivers, the proportion of each would not exceed an averave of thirty thousand dollars; but that, deducting one million for the use of the Mint, and assuming the remaining four millions to be in the hands of one half of the present number of officersa supposition deemed more likely to corres- pond with the factthe sum in the hands of each would still be less than the amount of most of the bonds now taken from the receivers of public money. Every appre- hension, however, on the subject, either in respect to the safety of the money, or the faithful discharge of these fiscal transac- tions, may, it appears to me, be effectually removed, by adding to the present means of the Treasury, the establishment by law, at a few important points, of offices for the deposite and disbursement of such portions of the public revenue as cannot, with ob- vious safety and convenience, be left in the possession of the collecting officers, until paid over by them to the public creditors Neither the amounts retained in their hands, nor those deposited in the offices, would, in an ordinary condition of the revenue, be larger, in most cases, than those often under the control of dis- bursin officers of the Army and Navy, and might be made entirely safe, by re- quiring such securities and exercising such controlling supervision as Congress may by law prescribe. The principal officers whose appointments would become neces- sary under this plan, takin~ the largest number suggested by the Secretary of the Treasury, would not exceed ten; nor the additional expense, at the estimate, sixty thousand dollars. Referring to the accompanying report of the Post-Master General, the President stated that the fiscal affairs of that Depart- ment had been successfully conducted since May last, upon the principle of deal- in~ only in the legal currency of the Uni- ted States, and that it needs no legislation to maintain its credit and facilitate the management of its concerns; the existing laws being, in the opinion of that officer, ample for those objects. On the point of the patronage and power which might be supposed by some to accrue to the Executive from the intro- duction of the system recommended, the President adverted to the facts, that the public moneys must at any rate pass twice through the hands of Executive offi- cers, in the collection and disbursement and that, if banks are employed, the Trea- sury Department must of necessity be in- vested with more or less power in their selection, continuance and supervision; and then thus proceeded.: The question is then narrowed to the single point, whether, in the intermediate ste e between the collection and disbursement of the public money, the a0ency of banks K ne- cessary to avoid a dangerous extenson of the patronage and influence of the Execu- tive I But is it clear that the connection of the Executive with powerful moneyed institutions, capable of ministerink to the interests of men in points where they are most accessible to corruption, is Ices liable to abuse, than his constitutional agency in the appointment and control of the few public officers required by the proposed plan 3 Will the public money, when in their hands, be necessarily exposed to any improper interference on the part of the Executive 3 May it not be hoped that a prudent fear of public jealousy and disap- probation, in a matter sopeculiarly exposed t~ them, will deter him from any such in- terference, even if higher motives be found inoperative 3 May not Congress so regu- late, by law, the duty of those officers, and subject it to such supervision and publicity as to prevent the possibility of any serious abuse on the part of the Exe- cutive 3 And is there equal room for such supervision and publicity in a con- 183S.] The Message. 7 nection with banks, acting under the shield of corporate immunities, and con- ducted by persons irresponsible to the Go- vernment and the people 3 It is believed that a considerate and candid investi0 a- tion of these questions will result in the conviction, that the proposed plan is far less liable to objection, on the score of Exectttive patronEye and control, than any bank a~ency that has been, or can be, devised. The President next directed the atten- tion of Congress to the character of the funds to be received and disbursed in the transactions of the Government. He stated that there can be no doubt that the intention of the framers of the Constitu- tion, as of the first Congrcss under it, was that the revenue should be received in nothin,, but nold and silver. Public exi- gency alone, at the outset of the Go- verameat continued since during the pressure of war, and afterwards in ac- cordance with previous practice, led to a deviation from this course. Oii the occur- rence of the suspension, the existing laws, prescribing that nothing hut specie or its equivalent should be received, had been strictly enforced, as they had been applied to the disbursement of the public moneys to the utmost extent practicable. He pre- sumed that the reception of depreciated pa- per would not be sanctioned by Con~ress. Referring to the policy heretofore pursued, of infusin into our circulation a larger proportion of the precious metals, he re- marked that under its influence the specie in the country had increased to eighty millions; while the coinage at the mint, between August, 1834, and December, 1836, had amounted to ten millions, ex- ceeding the whole coinage durin~ the thirty-one previous years. This policy would be destroyed by the consent of Con- gress to receive an irredeemable paper money. Notes actually convertible might be received, provided they be converted into specie, at short and fixed periods, to be kept by the officers ofthe Treasury. To retain the notes in the Treasury would be to renew under another form, the loans of public money to the banks, and the evils consequent thereon. The President considered that ten millions of the precious metals would be abundantly sufficient for the purposes of the public revenue; while a material pub- lic advantage would arise from its being enabled to satisfy the public creditors with its drafts or notes, receivable again for public dues. He then showed the fal- lacy of the opinion that this would intro- duce an unjust distinction between the currency of the Government and that of the people, to the advanta~e of the former. He considered that it would be even a re~ I advantaoe to the banks themselves, by causin0 them to be conducted with more caution and on sounder principles; while the use of specie alone for the tran~ actions of the Government would create a demand for it, which would, to a great extent, prevent its exportation, and by keepin,, it in circulation, maintain a broader and safer basis for the paper cur- rency. There can be no doubt that it was the intention of the framers of the Consti- tution to guard a,,ainst a paper currency in any form, but it is not to be expected that the States would now surrender the power of creatin,, bankin, corporations, it not havine, hem, specifically foreseen and e, arded a~ ainst iii the Constitution; hut a salutary reform will doubtless grow out of the present discussion of the subject by the people. As one of the remedies ag inst a depre- ciated paper currency which the Constitu- tion affords, the President suggests the propriety of some uniform bankrupt law. He also suggests the propriety of the extension of a still further iadul~ence on the bonds due for duties; and called at- tention to the adoption of proper measures in relation to the settlement efthe indebted - ness of a portion of the late deposite banks The President submitted, that the amount that would be needed for the exoenses of the Government beyond the receipts, would be about six millions; and if four millions be reserved in the Treasury for contingencies and the use of the mint, the sum needed would be ten millions. This estimate supposes the further extension of the duty bonds, so as to affect the revenue to the amount of two and a half millions. The propriety of withholding the fourth instabnent ($9,367,214) of the surplus revenue, yet undistributed to the States, is next adverted to; and until the amount can be collected from the deposite banks, for the uses of the Government, it is sug- ,,ested that Tre~ sury notes may be tem- porarily issued, to be gradually redeemed as it is received. The President then proceeded to some general remarks on the powers and duties of the Federal Government in relation to the general business concerns of the coun- try, to the effect that it ought to interfere in them as little as possible; and that its action ought not to be extended, by nay temptation of advantag~ to special in- terestswhether of agriculture, manufac- ture, or tradebeyond the restricted limits within which it was designed to act; that being established to give security to us all, under the lasting safeguard of republican institutions, its whole duty is performed, when it enacts and enforces a system of general laws commensurate with, but not exceeding the objects of its establishment then leaving every citizen and every in- terest free to reap, under its general pro- tection, the reward of virtue, industry, and prudence. He therefore felt bound to 8 The Extrct Session. [January, abstain from recommending any specific plan for regulating exchanges, relieving mercantile embarrassments, or interfering with the ordinary operations of foreign and domestic commerce. He anticipated an early relief to the distresses of the times, by the natural operation of the pr9- ductive resources of the country. He did not doubt the ultimate security of the great bulk of those obligations under the pres- sure of which, at present irredeemable, the country is laboring. He reserved till the usual period of the annual meeting of of Congress that general information of the state of the Union, required of him by the Constitution. The Report of the Secretary of the Treasury we must, necessarily, greatly condense: The amount reserved in the Treasury on the 1st January, 1807, as in- creased by the subsequent returns of the banks, was 6,670,137 52; the surplus for distribution, $37,468,859 97; all which has been distributed accordin~,ly, except the fourth instalment, fallin~ due on the 1st October, amounting to $9,367,- 214 98. The receipts for the first half of the pre- sent year make an aggre~ate of $13,187,- 182. If the postponement of duty bonds, hereafter suggested, be adopted by Con- gress, the receipts for the remaining half will be about $7,000,000; making, with the balance reserved as above stated, an agregate of $26,857,319. The total expenditures have been for the first half year $16,733,884 33; forthe remaining half they are computed, under the existing appropriations, independent- ly of any further appropriations that Con- gress may make, to amount to about 16,000,000; makin, an aggregate for the whole year of $32,733,884; constituting an excess of expenditures of $5,876,565, besides leaving nothing in the Treasury for the use of the mint and contingencies. To meet that excess, and retain one mil- lion in the mint and between three and four millions for contingencies, the amount of $10,000,000 must, therefore, be raised, either from the money on deposite with the States, and the instalment due on the 1st October, or from some other source. The balance in the Treasury on the 30th ult. was $14,596,311; the amount of this sub- - ect to immediate draft was $8,928,072. in addition, therefore, to the deficiency for the expenditures, there will exist on 1st October next, after defraying the interven- ing expenses, no sufficient means of any kind to pay the fourth instalment then due t~ the States, unless the bonds then due, about $4,000,000, and the million and a half then due from the Bank of the United States shall be available, or other provi- sion be made by Congress. This exhibit does not include the mo- neys standing to the special credit of the Post Office Department, and the Patent Office. At the last annual report the accruing receipts of the year were estimated only at twenty-four millions. The appropriations by Congress exceeded thirty-two millions-, a deficiency was therefore inevitable. After relatin ~ the postponements al- ready made of the duty bonds, he sug- gests a further postponement so as to make an extension of six months from the date of maturity of the respective bonds. This would affect the revenue for the present year to the amount of two and a half mil- lions. An extension of the warehouse system is strongly recommended, as a great im- provement in many points ofview over the present system of the collection of duties. The report next considered the obsta- cles in the way of transferring the last in- stalment of deposites to the States. In consequence of the troubled condition of the money market, the transfers from the banks of the interior to the seaboard, pre- paratory to the payment of the fourth in- stalment had been ordered, for their con- venience, to be made during the summer and autumn, but were frustrated by the suspension in May; and thus about two- thirds of the money lay in the banks of the west and southwest. If transferred to the States, it must necessarily be in drafts on these banks, now much depreciated in value. All the transfers were not made as ordered, for the July instalment; and though, in making the payments to the States, they were requested to return the orders in which they were made, if not of a satisfactory character to them, for the action of Congress, the amount of$1,165,- 575 remains unreceipted for, and the or- ders not returned. Several of these orders have been purchased by the Bank of the United States, presented, and protested; it is for Congress to decide whether pay- ment of them shall be made in any other currency than that in which the rest of the July instalment was paid. Most of the money will be needed for outstanding appropriations; and, as it is not a debt, but a deposite of a surplus, it is recommended, however the inconvenience to the States is to be regretted, that the fourth instalment be withheld at least till a more convenient season. But from the deficiency of revenue from bonds postponed and uncollected, the probable postponement of cash duties, to the amount of a million, by the option enjoyed under the existing laws of leaving goods in store,and from the unavailable character of the money in the Treasury in the hands of banks, it is recommended that some temporary expedient be resorted to until the latter can become gradually available. One mode would be the issue of Treasury notes, without~ interest, ro 183$.] The Executive Reports. 9 ceivable for public dues, in moderate amounts, in anticipation of actual accru- ~nz revenue, and in low denominations. These would probably be taken at par by most of the poblic creditors. The Presi- dent should be empowered to issue them in larger quantities, bearin~ an interest rot to exceed six per cent, if it should unex- pectedly be rendered necessary, by the delinquency of tbe public debtors and the feilore of revenue. Provision should be made for their redemption whenever the available moneys in the Treasury and mint exceed four or five millions. For the future custody of the public re on cy, two plans are su~gested. The first is, to assign this additional duty to our existing officers and establish- ments, viz: the mint and its branches, (one to be established in New York), collectors, receivers, and post-mastersin the large custom-houses the cashiers being made independent of the collectors, with in- creased salaries and specified duties. With vigilance on the part of the Depart- ment and Congress, and careful attention to the bonds required, it is presumed that no serious risk would attend this system. The business would be very slight, and the whole project simple, feasible, and cheap, not exccedin~ $30,000 in the ad- ditional expense. The other is to establish an orhaniza- tion of some eight or ten receivers-gene- ral, at the principal points, a plan in suc- cessful practice in some of the most en- li,,htened and opulent governments of Eu- rope, and recommended by this Depart- ment as early as 1790. The cost would he about $60,000the risk not greater than under the former plan, and the effi- ciency and advantages perhaps greater. Either of the these methods would ef- fect an important diminution of Execu- tive control and patronage; would promote the efficiency of the Department, and remedy numerous and serious existino evils, arisino out of the connection tween the and the be- Government pecuniary interests of individuals, corporate insti- tutions, and classes. The revenue and expenditures will probably be soon reduced to about $17,000,000. In large sections of the Union, in a healtlcy state of business, the expenditures correspond conveniently in amount with the receipts in the same sections. The annual transfers to a great distance would not probably exceed two or three millions, and by means of drafts would afford valuable facilities for do- mestic exchange. By adopting a system of receiving payment in advance, at cer- tain convenient points, ofpublic lands sold, these distant transfers could be reduced to an altogether insignificant amount. A national bank, as a mode of fiscal management, is presumed to be out of the question. VOL. I. The next section was devoted to the subject of the settlement with the former deposite banks. The followin, were the principal facts stated. Between November aiid May last, thoub their payments, under th distribution act, exceeded their receipts by about twenty millions, their specie was reduced only from fifteen to thirteen mil- lions, and their circulation, instead of in- creasina fell from forty-one to thirty-seven millions. Their specie averaged more than one to threemore than has been customary with the banks of the country; twice as great a proportion as in the banks of England at the same period; and one-fourth breater than that of the Bank of England. Their immediate means and liabilities averaged about one to two and a half. Since the suspension, their discounts have been reduced about $20,388,776; their circulation,$4,991,79l; their public deposites, 15,607,316, while their specie has diminished less than 3,000,000. Of the 86 employed, ten or eleven have paid all their public balances; in the custody of more than half the others an aggregate of less than $700,000 remains unadlusted. The whole balance in them is $12,418,041. Suits have been com,nenced against only nine, because they did not pursue a proper course of reduction, to improve their condition, nor make reasonable ef- forts to pay the public drafts upon them. The public creditors have never been required to receive payment of their drafts on the banks in paper, thou,,ht they have doubtless in most cases either done so, or leave been willing to accept the drafts, which, after presentation and protest, were made receivable by the collectors and receivers. A large amount ofpayments have been made in specie, by means of that on hand and since collected. The Department is of opinion, that an early resumption of specie payments, and the payment of interest on the deposites on hand since the suspension, ought to be made the conditions of whatever indul- gence should be extended to them. It has no doubt of the ultimate safety of the deposites. The banks of the southwest are in the worst condition. Those in the western and probably in the eastern and middle States have the proportion of specie to cir- culation of one to two, or one to three. The specie exported since the suspen- sion, as appearing on the custom-house books, has been $3,708,320; imported within the same period, $3,140,020. Though this does not exhibit the entire quantity exported or imported, the stir- plus of the former is much less than com- monly supposed. The consideration of the propriety of a bankrupt law was here suggested. 10 The Extra SessZon~ January, The next section related to the money receivable for public dues. It maintained strongly, that nothing but specie, or its boma fide representative should be per- mitted. The amount necessary for pub- lie payments could not exceed eight or ten millions, even if no kind of paper were receivable. The power of Congress to create a paper currency seems very doubtful. Exchanges can regulate them- selves much better than they can be regu- lated by le,,islation. If local paper is to be receivable, it should be periodically converted into specie. Treasury certifi- cates issued to the public creditors, drawn on actual specie funds, and made receiva- ble, would unite all the advantages of specie and paper, and could be introduced to great advantage, both for public and private convenience, into the currency. The Report concluded with a section devoted to Some general causes and remedies of the present embarrassments. Within the last three years the cotton crop, thou,,h before very great, had been increased probably more than one hun- dred millions of pounds, so as to exceed in a sinie year the enormous quantity of 540 millions of pounds. The fall of price made a loss of $40,000,000. The fall was chiefly consequent on the over- production, and the sudden withdrawal of foreign credit The overproduction operated from the inordinate extent of emdits and bank issues, and the low rate of public lands, the sales of which had increased to over ~0,000,000 acres yearly, when not more than three or four millions were probably naturally required. The importations of foreign goods amounted to nearly ~200,000,000, being a surplus over the exports of $60,000,000; which, after the proper deductions, left a clear balance of commercial debt of $30,000,000. This was a direct consequence of the expanded credit system. The latter was much stimulated by the large public sur- plus or deposite. The operation of the deposite act has been very disturbing and injurious, requiring first the collection of from ten to fifteen millions for subdi- rision among more numerous banks, and then within nine months a collection and transfer of near forty millions more. The injudicious increase of bank capi- tal, discounts, and issuesmaking an in- crease of circulation of near forty millions within three yearshas been a very pow- erful cause. The only effectual remedies lie in a return to sound principles of credit and business. The incidental in- fluence which the General Government can le~,itimately exercise is comparatively slight. The regulation and reform of the banking system belong to the States. P1ie Peport of the Post-Mas r Ge rcil was verybrief and pointed. It stated that immediately after the suspension of specie payments by the banks in New York, cir- culars were sent out, requiring all post- masters to adhere strictly to the provisions of the laws which permitted the reception of specie alone, or its equivalent; and to those who had been in the habit of making deposites in banks, to retain them in specie, subject to meet the drafts of the Depart- ment. No inconvenience arises from the workin,, of this system. The number of offices is very small, in which there could be ever any convenience in the use of banks as depositories, being those whom receipts are larbe, and not likely to be ab- sorbed, from quarter to quarter, by the col- lections made by the contractors on their respective routes (in payment of them- selves, under the system of collection now generally in operation) and by the drafts of the Department. In these cases, the balance is kept in iron chests or safes, subject to draft, and by vigilant super- vision, and careful attention to their bonds, there is little danger of defalcation. For the transfers of moneys required by the Department, being mostly from the large cities on the sea-board to the interior, the drafts on these balances afford a medium even preferable to the specie itself; being available for mercantile remittances. Ur- gent attempts were made in several quar- ters to compel the Department to receive depreciated paper, but without success, and they were soon abandoned. No diffi- culty has been experienced in conducting its affairs, and in performing its engage- ments; nor is any anticipated, if it is still allowed to collect its revenue in the con- stitutional currency. And on the whole no further legislation is required to ena- ble the Department to manage its fiscal concerns, the existing laws being deemed ample for those purposes. ELECTiON OF PRINTER TO THE HOUSE OF HEPaEsENrATrVEsY On the election of a printer, the lines of division between the three parties, the Democratic, Whig, and Conservative, were for the first time distinctly drawn; and, by a coalition between the latter two, the Administration sustained a defeat which excited high exultation on the part of its opponents. This election was looked upon with peculiar interest, from the bearing which it might be presumed to have upon the future course of events. The political characters of the three news- paper establishments between which the contest lay, are too well known to re- quire remark. They were: the Globe, the Administration candidate, (nominated by Mr. Hamer, of 0)the National Intelli- gencer, of old the candidate of Opposi * The Senate elected its printers, Messrs. Blair & Hives, at the close of the last session. 1838.1 fllect~on of Printer to the H. R. ii lion to the late and present administra- tions, (nominated by Mr. Williams, of N. C.)and the Madisonsan, a paper recently established at the seat of Govern- ment, under the auspices of the Conser- vative party, in the hope of counteracting the tendency exhibited by the Adminis- tration, and the Democratic party at laree, to a strong course of financial reform, which was supposed to threaten danger to the credit system, as existin,, in the coun- try, and to the vast interests involved in it. The editor of the Madisonian was put in nomination by Mr. Clarke, of N. Y. After the readin~ ofthe Message, five in- effectual attempts were made to elect a prin- ter. The highest votes for the three respec- tive candidates were, for the editors of the Globe, 104; of the National 1ntelli~encer, 103; of the Madisonian 23, and none of the votes differed more than one or two from these numbers. The ballotting continued durino. the two succoedin, days, mixed up with a great deal of animated debate; and vari- ous attempts were made to substitute other modes of proceeding. Various pro- positions were offered, but were either withdrawn or laid upon the table. Mr. Pickens was in favor of having the print- ing executed by contract by the lowest bidder. Several members ~vere strongly desirous to have the printing divorced from its connection, as it has heretofore existed, with the newspaper press; it was also proposed to divide it among the four principal offices of the city. Mr. Bron- son, of N. Y., proposed that the ballotting be suspended till the third Monday of September, and that in the mean time the Clerk be authorized to employ somebody for the purpose, on the same terms as at the last session. This was laid on the table by yeas and nays, 114 to 109. (See Table of Yeas and Nays No. 1.) Three ballottings were held on the second day (Wednesday), by which it appeared that the members ofthe Opposition were gradu- ally ranging themselves on the side of the Conservative candidate, as the suc- cessive votes for Thomas Allen were 27, 42, and 53, those for Gales and Seaton decreasing in a corresponding ratio; and the vote for Blair and Rives remaining firm, as it did, in fact, to the end. A mo- tion was made by Mr. Boon, that the election be held viva voce, instead of by ballot. It was amended by Mr. Patton, so as to extend the principle to all elec- tions of officers by the House. An at- tempt to lay this on the table was de- feated, by yeas 88, nays 132. (See Table, No. 2.) It gave rise to a warm discus- sion, which extended over to the next day; when it was finally, with the amend- ments offered, laid on the table without a division, and the House proceeded with the ballottiag; and at length, on the fourth attempt (being the twelfth ballot- tine) Thomas Allen, the editor of the Madisonian, received the requisite ma- jority of the whole, (113 ) and was de- clared duly elected. Little surprise was excited by the an- nouncement in the National Intelli~encer of the followin~ day, that the work would be, in fact, by private contract with the Printer elect, executed in that offic THE SENATE. Tox Senate proceeded without delay to the business of the session. It early evinced a determination not to take up any of the miscellaneous subjects of busi- ness which were brought before it by memorials or otherwise; but to confine itself to the financial legislation required by the emergency which had caused the extra session to be convened. The regu- lar standing committees were, however, appointed, as usual. The only tw~ committees of which it is necessary to enumerate the membersnone of the others having had occasion to actare the Committee on Finance, which was composed of Mr. Wright, Chairman, and Messrs. Webster, Nicholas, Benton and Hubbard; and that on the Judiciary, which was composed of Mr. Gi ndy, Chairman, and Messrs. Morris, Ki g, of Ga., Wall, and Clayton. The Committee on Finance lost no time in laying before the Senate the entire system of measures which it proposed for the legislation of Congress. On Monday) September 11th, Mr. Wright reported a bill to postpone the payment of the first in- stalment of the deposites with the States, till further provision of law. On Wed- nesday he reported three more: A bill to authorize the issuing of Trea- sury notes. A bill to authorize a further postpone- ment of payment upon duty bonds. And a bill for adjusting the remaining claims upon the deposite banks. And finally, on Thursday, three more bills: A bill to authorize merchandize to be deposited in the public stores, and for other purposes A bill imposing additional duties as de- positories, in certain cases, on certain officers. And a bill to revoke the charters of such banks in the District of Columbia as shall not resume specie payments in a limited time, and to prohibit the issuing of small notes therefrom. We shall best accomplish our object that of presenting a distinct view, within as brief limits as possible, of the histore,e of the sessionby tracing out the course of proceeding and debate on each bill separately, classifying our arrangement with reference to the continuous succes The Ertra Session. sion of the leading measures acted upon and discussed, rather than to chronological order; the latter, however, will not be lost sight of~ while kept subordinate to the former. It is not our desi0n to pre- sent an abstract of all the speeches made, which, it has been computed, would fill some eight or ten octavo volumes; but to direct ou.r attention rather to present en face all the arguments, and all the im- portant points made, on both sides, with personal reference to the speakers only where any particular motive, of historical interest, may seem to require it. It must indeed be confessed that thus to under- take to sift out the grains of gold from amidst the masses of dross, in which they are so often buried, in our American elo- quence, is indeed an arduous task! It shall be our earnest endeavour to do full justice to all parties, all speakers, and all arguments, in the performance of it. It will be left to the public jud~ment to determine to which side, in these great debates, which were distin~uished for a power and brilliancy rarely before equalled in any le~islative body, the victory of truth, and soundness of principle and policy, rightfully belongs. THE FoteaTil INSTALMENT POSTPONEMENT BILL, in the Senate. Tire great debate of the session, in the Senate, began on the 14th, Thursday, after Mr. Wriht had si~nified that the Finance Committee did not contemplate brin~in~ any further propositions before the Seodtethe special order of the day bein~ the Fourth Instalment Postpone- men~Bill, as reported on Monday. Mr. Rives first rose. He perceived with regret, that the committee had con- fined their attention to the relief of the Government from its present embarrass- ments; and had brought forward no measure for the relief of the country, an object to be accomplished only by the re- vival of the public confidence, now pros- trate. They had not acted on that por- tion of the Message which recommended the re,,ulation of the kinds of funds in which the fiscal operations of the Govern- ments hould be conducted; and the Chair- man had stated that the committee had determined to propose no change in the existing laws on this subject. Mr. R. would, therefore, himself bring forward the measures which he considered suit- able to the crisis. With this view he wished a postponement of the whole sub- ject till Monday; remarking that he had not had such opportunities of preparation of hisjudgment, as may have been enjoy- ed by other gentlemen, in free intercourse with the Executive, and the Treasury Department, in relation to the policy to be pursued. On the exhibition, however, of a general aversion, on the part of the Senate, to any delay of immediate action on the present bill, and from personal deference to Mr. Webster, who was de- sirous of giving his views in full to-day, he waived his request for an adjournment, and Mr. Webster took the floor, to lead off on the Opposition side of the debate. M~. Webster began by statin , that there were three great evils now pressing on the attention of Con,ress, the wants of the Treasury, the prostration of credit, and the want of a universally accredited paper medium equivalent to specie; all these the General Government was equally bound to remedy. The prominent ob- jection to the Message was, that it con- fined itself to the first of these; while, looking, as he did, upon the General Go- vernment as a mere agency for the pro- motion of the general interests of the country, the other two fell fully within the scope equally of its duty and powers. His leading argu nt was, that the con- stitutional power to re5, ulate the foreign and domestic commerce of the country involved, of necessity,.the p wer and duty of regulating the curre y, which is the great medium, the life and soul, of com- merce. Whether the actual currency be specie or paper, this duty was equally imperative. This general supervisory power must exist somewherewhere else than in the General Government? A paper currency is in existence, as a fact; and no one, not in favor of its total anni- hilation, can consistently deny to the General Government the function of re- gulating it, and the duty to provide a universally receivable form of paper medium. The question is between the existence and non-existence of paper money. The regulation of exchanges was within its competency; in one form or another England and other nations do provide for them. In the provision of such a universal paper medium, as he contended for, was contained a provision of a proper medium of exchange. To the bill before the Senate, Mr. Web- ster urged these objections: He looked upon the Deposite Act in the light of a quasi-contract with the States, which we were bound, under all circum- stances within the limits of possibility, to perform. They had legislated on the faith of that Act, and had appropriated the money in advance to many most impor- tant objects of public good, such as Inter- nal Improvements, Education, & c. Great inconvenience to them would arise out of the disappointment of the expectations we had ourselves gratuitously excited; besides the general deranging effect of this reversion of the direction to which these funds had been destined, to aggra- vate the present unhinged and convulsed state of the business of the country. He did not contend that the States had a 12 [January, 183g.] The Foztrth Instalment Postponen~ent Bill. fixed right to the money, but he put it on the ground of expediency and convenience. There would be no inequity in the course of raising money from one source thus to appropriate it in another direction, for the distribution carries it back to the whole people, from whom it was raised. This bill would give no relief to the Treasury. It is admitted that the money on hand is not available; and whether this bill be passed or not, a provision of Treasury notes is ur~ed as necessary. By judicious arran~ement the money on hand may be made available to tbe States for this purpose, they bein~ willing to take the State bank paper, for which they would answer, in the hour of account, in funds equivalent to specie. At any rate its only effect would be to increase fhe quantity of Treasury notes which it would be necessary to issue. Mr. Webster made two other points, in his speech, on which he dwelt with mnch sarcastic emphasis, viz: the recom- mendation of the Treasury Department, to issue a Treasury paper money, without interest and without a fixed day of re- demption; and the su~,gestion of the Mes- sage in relation to a bankruptcy law. The former was certainly without pre- cedent, under the Constitution, and was marked by all the worst features of the worst kind of paper money. This revi- val of the Old Continental, by the pre- sent hard-money reform Administration was indeed unexpected. He was ~lad, however, that the committee had not adopted this recommendation, but had added a provision of interest, in the bill reported by them for the issue of Treasury notes. The second was no less strangely incon- sistent with the other cardinal doctrine of the Message, that the Government has not the constitutional competency to regu- late the currency. The power to establish uniform rules on the subject of bankrupt- cies was never granted with any refer- ence to currency questions, and it would he a perversion of its desi~,n, to apply it exclusively to bankers and corporations, for the purpose of remedying a depre- ciated paper currency. He could not re- c.oacile this inconsistency. The bill was defended by Messrs. Wright, Buchanan, and Niles. The main point made was, that the deposite act was boma fide a measure of depositc of a smr- p~zes for safe keeping, not a gift or loan, nor could It create a debt actual or im- plied. This truth no one would presume to question. Since its pass ~e, and prior to its total consummation, the state of things had unexpectedly arisen, that there was no surplus, but, on the contrary, a deficiency, of available funds in the Trea- sary. The case had in fact arisen in which ~he Treasury Department was authorized, and in strictness bound, to call on the States to refund a portion of the deposites already transferred; thou~h its conduct, in not yet havin~ done so, was to be approved. Was it in accord- ance either with common sense, or with the spirit of the Constitution, to raise money by loan, for the purpose of makin~ a de- posite for safe ltceping in the hands of a third partyin the one case, necessarily pkyin0 interest, and in the other receiving none 3 The supposition that there were actual available funds on hand to make this transfer was erroneous. The amount to be transferred was bout nine millions and a quarter. The amoant in the Trea- sury subject to draft was, on the 8th August last, accordina to the report of the Secretary, only SS,lOd,000; and that would be so reduced by payments, by the 1st October, that th xe would not be money enough to pay more than twa- thirds of the fourth instahnent, leaving the Treasury exhausted. As to prospect- ive means, it was know that a portioa of this small amount w~ s, nail must re- main for some time, unavailable; and it was also necessary to 0rant indul~eoce on reven e bonds now existing, and for the future portion of the year. The incon- venience to the States was much to be regretted, but the principle of duty in the c:se was as imperative as it was plain aid clear. Mr. Calhoun was also, on the same broad and high ground, in favor of the postponement. He was glad that the age of surpluse was over, and trusted that a new era of economy would now begin. To Mr. Websters remarks on the sub- ject of a bankruptcy law, Mr. Wright replied by a reference to the express words of the Constitution. It was not empow- ered to regulate the currency, in the man- ner contended for by the aentleman, but was expressly authorized to dopt aeneral ~bankruptcy laws. Here was no inconsis- tency in the views of the Messa~ e. The Secretary of the Treasury was vindicated from the chart a of having made a recommendation unprecedented since the times of the old continental mo- ney, by a reference to an act of Congress of 1815, (in accordance with a recommen- dation of the then Head of the Department, Mr. Dallas) authorizin~ the issue of notes without interest, that is, all under 0100 absolutely without interest, and those for f~1O0 and upwards, either payable to bearer without interest, or to order, at the interest of 51 per cent. To this Mr. Web- ster rejoined, that another clause empoxv- ered the holder to fund them at pleasure, in amounts not under ~$10Q, into a stock bearing interest at sceex per ceat., which entirely changed their character from that which he had reprobated in the project of 13 The Extrtt Sessiom. the Secretary. Mr. Buchanan replied, that this explanation did not relieve the gentleman from his difficulty; that the notes mi~ht remain in circulation for years without hem funded, which could only he done in the amount of. 100;. and theE so long as they remained in circula- tion. (which they no lon~er did when thus funded,) they were Treasury notes with- o4it interest. He was himself in favor of tile provision of interest; b t still saw in the Act of 1815, a precedent for the recommendation of the Department. All amendment was adopted, on mo- tion of Mr. Buchanan., to the effect that the Secretary of the Treasury should not be authorized te call upon the States to re- fhnd any portions of the three instalments already paid, without the enction of Con- grese. The object was to transfer the re- sponsibility of this step from the Treasury Department to Congress, where it more properly belon0ed. The vote on this mo- tion was, yeas 33, nays 12. (She Table of Yeas and Nays, No. 1.) Mr. Tallmadge moved tn strike out all after the enactin0 clause of the bill, and insert the following: That the money deposited~ and to he denosited, with the States, under the 13th ~ction of the act of June, 1836, shall re- main on depo ite with the States, until otherwise directed by Congress. This was rejected, by yeas 18, nays 2~. (See Table No. 2.); and the bill was ordered to be en~rossed for its third read- sn~, by yeas 27, nays 18. (See Table No. 3.) On the following day, Friday, Sept. 15th. the debate on the bill was resumed by Mr. Preston, and Mr. Crittenden, the question being on its final passa0e. The additional ar0uments brou~ht up a,ainst the measure by these 0cntlemen, us speeches of much earnestness and ani- metion, may be thus stated: It was urged that the nine millions re- qn ired might much better be raised by retrenchment of the extravagant appro- prlations outstandin~, with the double benefit of keepin0 faith with the States and the people, and of bringin0 the Go- v~rnmeut back to a healthy economy of ezoenditure. The question of the vested rirtlt of the States created by the de- posite act,. was also ingeniously pre- sented in another point of view. The instalment would now be due in fifteen days. The States have made their respective dispositions of the mo- ney in advance. By the terms of the law, the States were entitled to a specific notice of any demand upon them for the sums deposited; and as they have al- ready expended the fourth instalment, to withhold it now is equivalent to recalling the money without the notice stipulated. Mr. Websters ar0umeat, that the tao- ney now on hand was in a form that would be acceptable to the States, while it was unavailable to the General Go- vernment, was repeated, and forcibly pressed, with the illustration of the fable of the do0 in the man0er; and great stress waslaid on the consideration of the pledged faith alle0ed to be involved. It was contended that the Treasury not be- in0 yet exhausted, it should ~o on and re- deem that pled0e of faith ad that if then it should become necessary to raise money for the extrava0ant appropria- tions for fortifications, & c. which had been made, the creation of debt for that purpose, would be ascribable to the latter object, and not to the former. Mr. Crit- tenden insisted that the money belonged to the States and people, and could not lawfully be retained by their agency, the Government. Mr. Preston contended, that a much better mode of relieving the wants of the Treasury, which would avoid all the ob- jections incident to the present bill and the measure of issuin0 Treasury notes, would he to re-enact the clause exscinded from the deposite act by the House of Repre- see~tatives, (to satisfy the objections of the late President,) which required cer- tificates of deposite from the States; these might be sold and issued by the Govern- meat, and would be available to it as equivalent to specie. Mr. Calhoun stated that he should be very glad to see those extravagant ap- propriations reduced. The idea had oc- curred to him, but he had not deemed it in any way feasible. He would willingly vote to lay the present bill on the table, to enable his colleague to introduce any proposition towards that object. Noth- ing of the kind was, however, attempted. Mr. Brown and Mr. Walker sup- ported the bill, in reply. The point most strongly urged was, the plain and positive eencoeestitutioaality of thus rais- ing money for the purpose of deposite,. which no sophistry could explain away or defend. The attempt to maintain it came with an ill grace from a strict-con- strectionist. On the question of economy, it was asked, which side was the more in favor of that principle, those who desired to retain the nine millions in question for the e enses of the Government, or those who were for disbursing it to the States, and devising ways and means of raising for the purpose of disbursin0? The States were bound not to make such appropriations of the money as not to be able readily to refund it. It would he absurd for them to complain of op- pression at the hands of a Government which had already made them the most munificent appropriation of thirty mil- lions, nor could they rightfully object, on 14 [January~ The Treasury Notes Bill. the unexpected occurrence of the ex- haustion of the Federal Treasury, to the retention of the fourth instalment. Mr.Brown had no faith in any such nostrums for relief of the people, as the payment of this money. It was not the business of Government to bestow favors. Such was not the Republican doctrine. It was impracticable to retrench the outstandina appropriations, all of them being in progress of execution; such an idea was idle; and, moreover, if the ap- propriation bills were repealed to-morrow to the extent proposed, it would not put money in the now empty Treasury, nor furnish the means of paying the instal- ment on the 1st October. Even were the funds in the banks available for that purpose by the 1st October, the balance on hand would not, by full one-third, suffice for the purpose. ft must be raised by loan, and the constitutional argument here came to bear, in full and irresistible force. There was yet another argument urged, with much force, by Mr. Walker. Sup- pose the States paid, in drafts on the banks. T base could only be paid by the latter in a paper confessedly depreciated. For the payment of Atlantic States, the depreciation on drafts on banks of the west and south-west, (where more than two- thirds of the amount of deposites on hand lay,) would manifestly be very great, and the operation of the whole measare would be very unequal, even if practicable at all. But suppose them paidand the only ef- fect would be to put forth nine millions more of paper money; a~~rav~ ting the evil under which the country is writhing; rinking the depreck tion proportionately still lower; neutralizind the wise policy ef curtailment which the banks are pur- suin~, with a view to as e~ rly a resump- tion as possible; and postponing for a full year their ability to adopt that measure. The question was them taken on the passage of the bill, yeas 28, nays 17. (See Ta le No. 4;) and so the bill was passed and sent to the House for concurrence, Friday, September 15th. The bill was a~ain brought back into the Senate, from the H. R., on the 30th September, with an amendment, limiting the operation of the bill to January 1st, 1839, instead of an indefinite postpone- men of the payi ent of the instalment. Mr. Tipton took this occasion to make a speech against the whole measure, on its merit . The amendment was concurred in, with but two dissentin~ votes, PLrce and Tipton. THE TREASURY NOTES DILL. In the Senate. Tux substance of this bill, which was the next in order taken up, Friday, Sap- tember 15th, was to the following effect: The President was authorized to cause Treasury notes to be issued, within the limit of millions, and of denomi- nations not exceeding $100, to meet the public necessities, to bear an interest not exceeding six per cent., to be fixed by the President at each issue of notes; to be redeemable on solemn pledges of the pub- lic faith, at one year from date, after which time the interest should cease; to be receivable in payment of all public dues; the Secretary authorized to pur- chase them at any time, at a price not ex- ceeding par, for the principal and interest due at the time; a monthly statement to be published of the amount issued and N- deemed; some other sections related to the penalties for forgery, & c., and to the minor details of th~ measure. Mr. Wri~ht moved to fill up the blank in the first section of the bill with ten, so as to make the amount authorized ten millions, which was a0 reed to. In reply to an interro,atory from Mr. Clay, of Ky., he explained the reduced condition of the Treasury, (as has been already ex- hibited in the Report of the Secretary and on the debate on the preceadin~ bill,) and that the issue of these notes was designed to anticipate the fund, now unavailable in deposite with the banks, (of which not more than a million was on the Atlantic board,) until they should become avail- able, under the regulations to be pre- scribed by Coabress. On the question beinb specifically put by Mr. Clay, whether the money in the banks was to be used as bank notes, or was to be forci- bly converted into specie, he replied, that they certainly could not be used as bank notes, while the present laws on that Sub- ject continued in force. Mr. Clay then took the occasion to denounce the bill just passed, on the ground before urged, and illustrated by the fable of the do,, in man,,er; and to ridicule this performance of all the specie promises of the Adminis- tration in the issue of ten millions of paper money! On motion of Mr. Clay, of Ala., a pro- vision was inserted, that government should not be permitted to make any pur- chase of these its own notes in the public market below par; and then, after some unimport~ nt conversation, the bill was postponed till the next day, at the desire of Mr. Calhoun. The proceedings of the next day, Saturday, were looked to with an nax- ietyrarely equalled. Much speculation had been afloat as to the course which the great southerner, as sometimes styled, would pursue at the present crisis. The bold in- dependence of his characterthe extra- ordinary enthusiastic energy of his mindthe prominence of his position, from his high personal popularity at the 1838.] ir 16 The Extra Session. [January, South, and as embodying, in a more re- markable manner, perhaps, than any other tadividual, the representation of one of the great sectional interests ofthe countryall combined to add an intense interest to the developement of his views expected on this occasion; while his peculiar position, in the mutual relations of the parties, so long in hitter opposition to the existing Adneinistration, yet having so little in harmony, in fundamental principles, with the party with which he had been acting in alliancecreated no little uncertainty as to the exact ground which he would or could take. A general impression pre- vailed, that he would declare, openly and strongly, in favor of the general policy re- commended hy the Administration, under the present circumstances of the times. Mr. Calhoun requested of the Senate a still further postponement of the hill till Monday. He avowed himself strongly in favor of the great measure of total sepa- cation of the Govern nt from the banics. This was the one primary ohject, of im- portance paramount, in his judgment, to all others, not only as a measure of per- manent policy, hut even of present sub- stantial relief. He did not feel certain what course the Administration intended to pursue, whether bossy /ide to carry out this ~reat principle or not; whether it contemplated continuing to receive the paper of hauks, and simply keeping that in the custody of the proposed sub-trea- sury system, or to make the separation total. If the latter, this was the accepted hour, which mi0ht never return a0ain. He could not dete me his vote on any of the minor measures proposed, until he knew the hearin~s they were to have on this great consummation. With the view of testiw. the desions of the Administra- tion, and its friends in the Senate, he in- tended to bring forward an amendment with which he woold he prepared on Monday. If they did not contemplate such a bona fide, entire separation as he was in favor og the measures now brought forward by them were riot the proper ones; if they did, then those measures snould receive his support. He called upon all men to come out openly and manfully on their cardinal principles at such a crisis as the present, regardless of temporary and minor considerations, as he should fearlessly do. Mr. Wright opposed the postponement, as did also Mr. Benton, since it was to have for its ohiect the connection of the hill with other ~sropositions which would doubtless cause a delay, much to he de- precated. It was a measure of immediate necessity, and was quite independent of any other. The desire of Mr. C~ Ihoun was, however, acceded to by the Senate, by n vote of yeas 28, nays 18, and the Senate adjourned. On Monday, September 18th, accord- ingly, Mr. Calhoun introduced his pro- position, with a long and powerful speech. H is amendment was to the effect that after the lstJanuary, 1841, all the receipts of the Government should he in specie atonethe proportion of specie to the paper of specie-paying banks being in- creased one quarter at every lit January intervening till that date. When the in- quiry was made by Mr. Webster, to what bill this was to he an amendment, Mr. Benton replied that it was to the divorce bill soon to he taken upas the leading measure of the session. We shall, therefore, postpone a more particular notice of Mr. Calhouns speech, until we take up the history of that bill. Mr. Calhoun rose to move an amend- ment to the bill, to prevent the allowance of interest on the notes to be issued by the Treasury; hut yielded the floor to Mr. Walker, who stated that he all along intended to move such an amendment, which he accordin0ly did, supporting it at considerable length. His arguments were: That it was unnecessary; thot the credit of a ~overnment of the character and in the favorable position of ours, did not need the addition of interest to its notes to make them circulate as equivalent to gold and silver. That the notes would take their flight to Europe, in payment of our debt, even if without interestmuch more, if bear- ing interest, a result to be deprecated, both as creating a foreign debt i~ud for the reason contained in his third ar0 - meat, which was That, the whole ten millions going to Europe, as the most desirable medium possible for this purpose, it would super- sede the function now performin0 by onr cotton, of payin~ off the European ba- lance. This would have a most fatal effect on the cotton interest. The Bank of the United States had bought ~3,000- 000 worth for the purpose of remittance; many private persons had pursued a similar course. This measure would ruinously affect the sale of this year s cot- ton crop. Mr. Webster remarked that the inter- est would make no difference in the adaptation of these notes to the purposes of remittance; as the want of interest would simply be compensated by a cor- responding discount. Mr. Wri~ht expressed himself taken by surprise by this amendment. He feared that the country could not at thi juncture hear an emission of Treasury paper without interest; they would depre- ciate. The provision of the bill merely enabled the E xecutive to keep them at the par of specie by the addition of the inter- est which might prove necessary for the The Divorce Bill. purpose, within the limit of six per cent. As they were designed to satisfy the public creditors, this discretion left with the Treasury Department seemed to he in- dispensable; at any rate Con~ress would so soon meet a~ain, it would be easy then to rectify it, if his present view of the question should prove erroneous. Mr. Kin~, of Ga., also supported the view of the committee, and Mr. Walker modified his motion so as to limit the interest al- lowa31e to three instead cf si per cent. The amendment was, however, lost hy a large majority, only six votin~ for it, viz: Messrs. Black, Calhoun, MeKean, Strange, Walker, and Young. The bill was then ordered to be engrossed by a majority of 42 to 5, (see Table, No. 5,) and was finally read the third time and passed, on the followin~ day, September 19th The Senate hill for the issue of Treasury n~tes was never returned to it from the H. R. as concurred in; hut on the 10th Oct. a bill from the House was received, authorizin~ the issue of Treasury notes, analo~ous in its leading principles to the one which had passed the Senate, but dif- fering from it in some particulars, of which the most important was, that it permitted the issue of notes as low as 050. An account of this bill will be given in its proper place. It was referred to the Committee on Finance, who reported it on the same day, without amendment. Mr. Benton moved to amend it by sub- stitntin, the denomination of~l00, instead of $50, as the minimum. He was not much pleased with the original Senate bill, and still less with this. Nothing but the absolute necessity of a present supply of money to the Treasury wotild have in- duced him to vote for the issue of any snecies of paper money in time of peace. He disliked the reduction of the denomi- nation. Such had always been the ten- dency of paper money. The Bank of England notes began at 100, and ended at one pound, to ~he entire expulsion of a gold currency. So had the assignats proceeded gradually from 5000 francs to ten sous. Mr. Norvell opposed the amendment, considering that the feature of interest would prevent their circula- tion as a paper currency, and suggesting the convenience of the lower denomina- tion to the great number of poor persons who went to the West to purchase and settle on the quantity of forty acres of public land. Mr. Clay, of Ky., and Mr. Webster preferred the higher of the two de- nominations as the less objectionable, but d~ ounced the whole scheme as a qzeasi na- tional bank, and a national issue of paper money. Mr. Bentons amendment was then lost, yeas 16, nays QS. (See Table No. 6,) and the bill was passed without VOL. I. amendment, six only voting in the nega- tive, Clay of Ky., Crittenden, Robbins, Southard, Spence, and White. THE MERcIsANTS BONDS EXTENSION BILL. Its the Senate. This bill authorized an extension of credit on all duty bonds now outstanding, or that shall be given during the period of one year, from October 1st so as to make the whole extension, on each, six months from the date of its maturity; the parties being considered solvent and sat- isfactory; it prescribed the taking of ad- ditional security, and payment of interest, as has been practised by the Treasury Department, since May last, relieving the parties from the disability, under which they would lie by the existing laws, from being parties to other bonds, while these remained thus extended and unpaid. This was the next bill taken up, Mon- day, Sept. 18th; it excited no hebate. It was amended, at the su,,.~estion of Mr. Webster, and the assent of Mr. Wright, so as to make the extension till nine months, instead of six, both for the gene- ral relief of the mercantile interest and the country, and especially on the strength of the consideration advanced by Mr. Wright, (as contained in a memorial re- ceived from the merchants of New York,) that, as the principal importations took place semi-annually, the six months in the bill would bring the Government de- mands upon them at the period when most pressed for money, while nine months would bring them to the periods when they had the least call for money. The bill, thus amended, was ordered to be engrossed (Mr. Sevier alone voting in the negative); and was accordingly read the third time and passed, on the following day, Sept., 19th. The bill came back from the House on the 11th Oct., with an amendment, which was concurred in by the Senate on the 14th October. The purport of the amend- ment was to extend the time to January 1st, 1839. TIlE DIVORCE BILL. In the Senate. The leading measure of the Session, on which the great struggle of the parties was to be fought, was the Bill which came up next in order, entitled a Bill imposing additional duties, as depositories, in cer- tain cases, on certain public officers, com- monly styled the Sub-Treasury, or the Divorce Bill. The substance of the bill was as follows: The Treasurer of the United States, the treasurers of the Mint and its branches, 1838.] 17 18 The Extrz Session. [January, collectors, receivers, and postmasters, were requested to keep safely, (provision being made for the necessary expenses) subject to the draft of the proper department, all public moneys coming into their hands, in- stead of depositing them, as heretofore, in banks. The safeguards provided were: First, that when the amount collected should exceed that of the bond of the offi- cer, the excess shall either be drawn off in payments, or transferred elsewhere, imme- diately; or additional security shall be required. Secondly, special agents were to be appointed, at the discretion of the Department, to visit and examine, from time to time, the books, accounts, & c., of the depositories. Thirdly, these deposi- tories were to be checked by periodical ex- aminations (every quarter at least, and as much oftener as may be directed by the Department) of their accounts, & c. and moneys on hand, by other resident public cyfficers, that is, every collector, by the na- val officer and surveyor of the port, the receiver of a land office, by the register, and the treasurer of the mint, and each branch by the director and superintendent of the same, accurate reports being made to the Department. Fourthly, any kind of use or loan of the public moneys was to be a high misdemeanour, and adjudged to be an embezzlement, to be punished by imprisonment, from two to five years, and fine equal to the amount embezzled. The existing officers bonds were to be renewed to the satisfaction of the Solicitor of the Treasury. The bill was taken up on the 20th Sept. Wednesday. The debate upon it was one of the most powerful ever witnessed within the walls of that body. It lasted two weeks, this being from day to day the special order (laid on the table occasion- ally for short intervals, to permit the des- patch of other necessary business) until Oct. 3d, when it was consummated by the final stru~, les of the yeas and nays; which were as closely divided in numbers, as had been the parties to that gigantic intellectual struggle, in power, eloquence, and earnest- ness. The progress of the debate was watched with the most intense interest, by crowded auditories. It was of course to be expected that the appreciation of the force and eloquence displayed on the op- posite sides of the question by their res- pective champions, would depend much on the previous views and party prefer- ences of the respective hearers. It is to be presumed, therefore, that both parties considered themselves entitled to the palm of triumph in the contest of debate; nor is it for us here to presume to award it to either. The remark may, however, be made without impropriety, that the high- est satisfaction prevailed, during the course of the debate, among the friends of the Administration, at the direction in which the tide of the battle flowedthe strongest confidence in the soundness of its position, and in the wisdom, and true harmony with republican principles, of its policy and the fullest assurance of the ultimate ascendency of the principles tried through that fiery ordeal, when the same discus- sion should work its way downward, to penetrate through the intelligence of the public mind. Towards the close of the debate, before the voting took place, the remark was pleasantly made, to an emi- nent Senator from the East, one of the most powerful opponents of the Adminis- tration, by a Senator from an opposite section of the Union, who had not taken a personal part in it: You see, Mr. W. in spite of all the formidable powers ar- rayed against us, we have beaten you in the game and given yoie one 1 The last allusion was to the defection, from the side of the Administration, of a very able Southern Senator, (since resigned,) of whose speech against the Administration and its measures it was said by Mr. Clay, of Ky., that it was the ablest and most effective of the session. What reply was made by the Eastern Senator, history saith not. Mr. Calhoun led off in the debate, by his speech on Monday, when he intro- duced the amendment which he proposed to add to the measure. On the next day, Mr. Rives followed, introducing an amendment, or rather substitute, which will be noticed below. After these, about eiahteen or twenty speakers successively entered into the de- bate, in set speeches, generally of several hours len~th. The following was the o der in which they succeeded each other. Monday Sept. 18th, Mr. Calhoun, for th. measure; Tuesday, Rives, against; Wed- nesday, Niles,for; Thursday, Smith, of La. against, and Strange, for; Friday, Tall- madge, against, and Benton, for; Satur- day, King, of Ga., against ; Monday, Sept., 25th, Clay, of Ky., against; Wed- nesday, Walker, for, and Crittenden, against; Thursday,Webster, against, and Hubbard, for; Friday, Buchanan, for, and Preston, against; Saturday, Preston (in continuation) against, and Browafor; Monday, Oct. 2d, Bayard, against, and Wright, for; and finally on Tuesday, the day of voting for the engrossment, Cal- houn, Webster, and Buchanan, brought up the rear with shorter speeches of expla- nation and reply. And on the following day, before the final question was taken, Mr. Clay of Ala., spoke for, and Mr. Southard against, the bill. This enumeration of the distinguished names which appeared in this memorable debate, is intended only to refer to the regular set speeches, taking inthe general merits and scope of the great question at issue, that were made duiing its progress; 1838.1 The Divorce Bill. 19 there was also a great deal of minor de- batin~, on incidental points, and in expla- nation, or in reply to personal allusion. Mr. Calhoun was on the floor more often than any other gentleman, and all the wed known characteristics of his elo- quence were on several occasions brought ant with striking effect. The whole de- bate was marked by a courtesy and amenity equal to the ability displayed in it. All the speeches made contained a re- view, more or less full, of the causes of the late financial convulsion; the point of view from which the ground was survey- al depending very much, of course, as a gener~l rule, upon the party position and preferences of the speaker. The debate was a general engagement of the two an- ta~onist parties,and necessarily took a very wide ran~e. The question was stated at tne outset, by Mr. Calhoun, as involving only the the two alternatives of the di- vorce of Bank and State, or a National Bank, a view of it which was either openly or tacitly acquiesced in by most of the speakers. The Opposition, so lon~ identified with the advocacy of a National Bank decla ed in favor of a renewal of tv~ SLCte Bank system, in preference to t2v di~onnection proposed by the Admi- nstr ion, as the lesser evil, and because tn~y considered the former as the certain I ~it to ,vaids the attainment of their ulti- mat object All parties admitted the to- L I f ilure of the State Bank system, with tlu ex~pton of those gentlemen who par- t ~i1arly represented the views of the Con- servative party. These denied that the system, in succumbin~ to the extraordi- na~v causes which had produced the re- cant disasters, could justly be considered as having failed; and instead of re~ardin~ a renewal of that experiment as a means t4awards the result of the establishment of a National Bank, looked upon it as the cmiv means of saving the country from such an institution. A considerable proportion of the speeches mad in Opposition, was devoted to gene- ral denunciation of the past and present Administrationstheir tamperin~ with Lie currencyand the financial policy pursued by them ;of which the present results were considered to enhibit the na- turd fruits. This theme furnished, of caurse, the ready materials for a great deal of eloquent declamation and severe sar- casco, though it eludes all attempt to con- dense it into the form of substantial ar- gument. Here was, in fact, the main ad- vanta,,e which the supporters of the Ad- ministration may be said to have had, in the debate, over its opponents. The for- mer had a specific course of policyto advo- cate,based on principles, distinct, while broad and comprehensive; this cause could not fail to secure a consistency, body, and definite direction, to their efforts, taken as a whole. The latter lost in force what ~vas ~ained in variety and brilliancy, from the want of sound coherency and harmo- ny of views among the different sections which composed their number. No inge- nuity could make it an easy task for the strong Consolidationist and the State- Rights man to work together effectively in the same traces in a discussion, bringing general principles into play. Nor was it a natural position to be occupied by the late bitter opponents of the State Bank Experiment, to appear as the advocates of its repetition,with the ulterior object, scarcely half concealed, of reaching, eventually, a National Bank, through the evidence, still to be continued, and a,,ain repeated, of the incompetency of the State Bank system. The Conser- vative section were compelled to fight upon still different, and even less favora- ble groundwith the heavy disadvantage of a most inauspicious party position. This view of the composition ofthe two opposing parties seems requisite to explain and justify our assertion, that the greater part of the debate, as conducted on the side of the Opposition, consisted rather of sweeping and declamatory attack, than of distinct and close argument. The advanta~e which the opponents of the Administration might have been pre- sumed to have over its friendsfrom the actual apparent results of the former Ex- the latter in a posi- tion of defence, against a strong prima~ facie case of accusationwas soon neu- tralized, and even reversed, by the latter, by the frankness with which it was ad- mitted; and was made even a strong ba- sis of argument aaainst a repetition of that exploded experiment, which, by a strange shiftin~ of grounds, the Opposition were now advocating. The State Bank system, it was contended, had failed, but not from such causes as should now serve as a just grotind of inculpation of the policy which had, in its mission of re- form, undertaken that experiment, rather as a ine~isure of transition, than as a sys- tem of permanent policy. It was frankly admitted, that the confidence then reposed in the State banks, had been proved by themselves to be excessive and misplaced. They were not adopted as depositories from any especial predilection for them as a constituent part of the administration of our government, but as an alternative, in a critical emergency calling for the measure, to the possible trinmph of the National Bank, then existing, in its strug- gle with the Government for the perpetu- ation of its charter. The great objections, both constitutional and of sound policy, against such an institution, were not touched by this admission, and remained in their full force. 20 The Extra Session. [January, In a period of such universal peace and prosperity, under the influence of which the credit systems of other countries were in like manner gradually expandingto which influence our own paper system, whether with or without a national bank, was so peculiarly liable to yieldand after the strong agitating impulse by which it had been set on motion, by the expansion of 1833,under our system of high credit duties, generating a plethora of revenue,there is little reason to doubt that a similar crisis would have taken place, had the Bank of the United States retained its ascendency, and the privi- lege of the public deposites. We gave crur tens of millions of surplus to the State banks, to bank upon as so much added capitalit was a grievous faultbut if we had given them to a national bank, and its disseminated branches, there is no doubt that they would have used them in a similar way, to expand the credit sys- tem, in which process they would have been followed pari pcrsszs by the State banks. The result would have been sub- stantially the same. The Bank of the United States had not been destroyed; it continued to exist, with increased strength and advantages, as it was said, yet it had evidently acted on the same principles, to the same result, with the State banks. The State bank system would still be a better one than a national bank; and between those two alternatives, that choice would still bejustifiable. But now a great progress had been made in the question. At that time the connection between Bank and State, with all its ne- cessary evils, was in full force. It seemed indissoluble. Few men were prepared for the separation then; the public mind was not prepared. The third alternative, avoiding both the evils be- tween which alone the choice then lay, was not then possible, because it was not thought of as possible and desirable, by any very considerable proportion of the people. Now the ground was entirely changed; the frnit, then scarce formed in the embryo, was now ripe. The separa- t.ion was defizcto complete, under the ac- tual operation of the existing laws. The only question was whether or not we should return to either of the two former experiments, both of which had signally failed. This was the position by which the friends of the measure sheltered them- selves entirely from the charge of incon- sistency a charge which they could successfully throw back upon both of their allied adversaries; by asking the old partisans of a National Bank, how they could now appear as the advocates of what they had before so violently de- nounced and upon the Conservatives, by asking them how they could take their ground side by side with the former, who avowed their ulterior object to be a Na- tional Bank, a consummation towards which they considered their present course as leading. The position assumed by the Conser- vatives~ was, that the State Bank system had not failed; that it would not have failed, had not the Executive virtually ve- toed the Currency Bill of Mr. Rives, of last session, and which he now bron lit forward again, and had the present Ad- ministration repealed the Specie Circular; that in maintainin~ the experiment to which the Democratic party stood com- mitted, and in opposing a plan so directly analogous to the one which had been op- posed by them in 1834, when brought for- ward, in a hostile spirit to the Adminis- tration, by a small portion of the Opposi- tion,they were alone the only party who adhered to the old landmarks, and escap~~ the charge of inconsistency; declaring that they had never contemplated follow- ing the Administration to the destructive extremes of the hard-money and ant~ bank policy it was now pursuing. How far they were successful in maintaining this position in debate, will be remarked below. Notwithstanding the awkward relation in which they thus stood to the main body of their party, no asperity of feeling was exhibited in any quarter, with the single exception of Mr. Kin,,,, of Ga. This gentleman, having taken the Con- servative positi on,ifnot, still more fully and openly, that if the old National Bank party in Oppositionwas carried away (in the excitement of argumeat, rather than, as it seemed, from deliberate de- sign) to a degree of bitterness and vio- lence of denunciation, against the party and administration of which he had been a strenuous supporter, which his best friends most regretted; and which drew even from the courteous and amiable chairman of the Committee on Finance, the mildly severe rebuke, that he had heard criticism and contradiction from some quarters of the House delivered in a manner and in langua~e which excited his profound regretin a manner and in language which he would not, if he could, (and he most thankful he could not,) imi- tate, towards friend or opponent. On that unfortunate occasion Mr. King pass- ed that gulf of separation from his former friends and party never to be recrossed. The relation in which it placed him with the old Opposition, seemed one not easily to he borne by a high-spirited man, and the announcement, shortly after the close of the session, of his resignation of his seat, declinin ~ be in,,,, a candidate for re- election, excited, therefore, very little sus- prise. On the position taken up by Mr. Cal- 1838.1 The Divorce Bill. 21 houn we have already remarked above. He declared stron~ly in favor of the total separation of Bank and State. He staeed that he had never been a friend to the chartered banking system of this country, and the paper currency furnished by it. He had always desired the separation, whenever the course of events should make it practicable. He had never been a friend to a national bank, even while the actual condition of circumstances had placed him in the seeming position of its advocate, as the lesser evil of the alterna- tives then presented for choice. He seized with ea~erness the present accepted hour tx consummate the great reform of the Divorce. He disclaimed having ever amalgamated with the National Republi- can party. He had always pursued the direct tenor of his own way in the path of his well known leading principles of State-Rights and opposition to Executive power and federal centralization, without retard to whom he might oppose, or whom act in concert with. The Admi- nistration had now come round to his, long unshaken, position; the reign of Ex- ecutive and Congressional misrule was at an end,and to the little party to which he belonc~ed was that double conquest main- ly du~ and as a State-Rights man, and a patriot, aiming at broad, independent, re- publican views, he would not refuse it his support in well-doing, because he had opposed it in its former career of abuse and evil. Such, then, were the relative positions of the different parties in the Senate. We have deemed it of the first importance to present a distinct view of them as consti- tutin~ the starting point from which a very interesting period of the history of our parties is to proceed. The different amendments which were brought into discussion, were: Mr. Calhouns amendment, to the effect that from the several dates of the first day of the years 1838, 1839, 1840, the public revenues should be collected in propor- tions of one-quarter, one-half, and three- quarters, respectively, in specie, the rest being in the notes of specie-paying banks, and from January 1st, 1841, the whole should be collected in specie. This was afterwards modified, on the suggestion of Mr. Hubbard, to the last, instead of the first, day of those respective years, so as to extend the graduation of time through four instead of three years. Mr. Rives amendment, of all after the enacting clause, to substitute a bill similar to his currency bill of the last session. This amendment related solely to the kinds of funds to be hereafter receivable, leaving untouched the present system of bank deposite. It provided, that the notes of no banks should be received which is- sued notes under $5; from the 31st of December, 1839, the restriction was ex- tended to 10, and from the 31st Decem- ber, 1841 to $~0; it being added that the notes of no bank now existing should ever be receivable, which shall not have twneafide resumed specie payments before the first day of , 1838. Mr. Prestons amendment (moved Oc- tober 3d) which made it the duty of the Secretary of the Treasury to make special deposites in the banks most conveniently situated. Mr. Calhouns amendment was cheer- fully adopted by the friends of the bill, as an essential part of the measure proposed. It was explained that the sole reason why some such provision had not been intro- duced by the Committee, was an anxiety to disembarrass the bill from all unneces- sary obstacles to its passage, as there would be no resumption by the banks be- fore the next session of Con,,,ress would have time to consider the principle of that amendment, as an independent bill. The debate took so wide a range, as has been before remarked, that we cannot here undertake to follow out its entire scope. Some of the speakers expatiated at large on the general merits of our bank- ing system, and the various evils, accord- ing to the one view, or benefits, according to the opposite view, of paper money cur- rency. Others dwelt more particularly on the subject of a national bank, which was insisted on as the sole sheet-anchor of safety to the currency of the country. Mr. Clay, of Kentucky, even went so far as to consider the question of the preserv- ation of the Union involved in that of a national bank. We will confine our- selves to the distinct arguments adduced, on both sides, which seem to have a direct bearing on the bill under discussion. Against the Bill, it was contended, 1. That it created two currencies, the better for the Government, and the baser for the people, separating the Government from the people, and drawing a dividing line between them which ought not to exist. 2. That it would raise the salaries of all the officers of Government ten or fif- teen per centum above the currency of the country. 3. That the country could not spare the amount of specie which would be required for the purpose. 4. It would withdraw a large amount of capital from the use of the country, which could be beneficially employed in the developement of the resources of enter- prise and industry. And great inconve- nience and expense would attend the transportation of the large amounts of specie that would be necessary. 5. That the public moneys would be very unstife in the hands of these private depositories. 22 The Extra~ Session. [January, 6. That it would be an alarming in- crease of Executive power and patronage, in the appointment of an army of addi- tional public officers, and in the unre- strained possession of the public revenue. 7. It would shake the credit of the banks and of bank paper; paralyse their ability to assist the energies of the people in re- covering from the recent shock; and post- pone indefinitely the possibility of re- sumption. That what is now wanted, and what the Government ought to exert itself to supply, was confidence; that this bill went to destroy all confidence, on which our commercial and national greatness de- pends, and to force on the country an ex- clusive metallic currency. 8. That Government is hound to pro- vide relief for the existing public pressure, a feature of which the policy of this bill is entirely destitute. To these several objections the follow- ing replies were opposed: 1. There is no such thing as a distinc- tion between the Government and the People. The whole body of public em- ployis and creditors are individually part of the people, and whatever currency they conduct their transactions in, must be in p~erpetual circulation through the people. The payment of contracts, services, sala- ries, & c. must pass out in every direction into general circulation. The Govern- ment, moreover, is the People, represented and embodied, in an a~eacy for the management of their necessary public business, and a measure designed to se- cure the simplicity, safety, and stability of its necessary fiscal action, is one of universal interest, to the people at large, rather than to the individuals connected with the administration of the Govern- ment.In the second place, this is a sui- cidal argument on the part of those who use it, since it presumes paper a baser currency than specie. A healthy paper currency,certainly convertible on demand, is contended to be as good as, or better than, speciethen why object, on this ground at least, to the public finances be- ing administered in the latter? 2. This is a self-evident fallacy. Spe- cie is the standard by which even paper measures itself. In a healthy state the latter is said to be equivalent to specie. From that standard it is its duty never to depart. What is by some so often termed a prentiurit on specie means only a discount on paper. The salaries are gra- duated upon that standard. To make those who are entitled to receive them, by contract, for services performed, sub- mit to the loss of such a discount, could not be advocated by any one. The an- swer to this objection is also involved in the former. 3. The amount of specie in the country is estimated at more thnn seventy-five mu.. lions. A few years ago it was not half that amount. The Executive estimates the utmost amount that can be required in the collection and disbursement of the public revenue at eight or ten millions. Mr. Benton, from various data and the examples of other countries estimated it at one-fourth of the revenue, and the future revenue will not exceed twenty-five mil- lions. But (it was argued) if the revenue. increases largely, which may happen, this amount will be increased, and large sums will accumulate. Be it so (it was replied), such increase would indicate an unhealthy spirit of speculation in public lands and portation, and it would then serve both as a warning, and a check or drag; whereas under the bank deposite system it acted as a spur, and an additional in- toxicating draught. 4. The amount would be small. Some floating capital must always be requisite for the management of any species of ex- tended business. The revenue is expend- ed (or ought to be and will be hereafter) as fast as collected. Even if deposited in banks, to be discounted on, an amount equivalent to what would be withdrawn from circulation under this systeivi, must lie inactive to meet expected drafts for the expenditures. The transportation of specie will be very limited. For the most part the collections and disbursements in the same sections of country nearly bal- ance each other; and in those in which such is not the case, the drafts upon the surplus collected on the Atlantic will com- mand a premium. The transmission by means of drafts would be at least as con- venient as now. Such drafts, drawn on actual specie provided, for actual expen- ditures, secured by the credit of the Go- vernment, would be the best kind of paper for exchange, and would, in fact, pro- bably render any considerable transport- ation of specie unnecessary. No more time could be lost in the transportation of specie, than is now the case, when the banks have to hold funds in reserve, and inactive, to provide for expected drafts. 5. The provisions of the bill leave lit- tle danger to the public funds. The amounts in the hands of depositories can always be exactly known to the Depart- ment, and kept within the limits of the official bonds, over which a careful vigi- lance can be maintained; and the periodi- cal supervision by codrdinate officers, and special agents, together with the severe penal restraints on the use of pub- lic money under any circumstances, leave as little danger as it is possible to secure in any system of human agency. Are not the public moneys exposed to embez- zlement by unfaithful officers of banks? Discounted on by banks, they are, of ne- cessity, exposed to the dangers and vicissi 23 1S38.] The Divorce Bill. tudes of commerce; and if not disoounted on, of what use are they to them I And even if an occasional defaulter should cause a partial loss, the Goveriiment would at least he safe from a sudden total suspension, or loss of all its revenue, such as has recently occurred, and might well occur again. This objection is entirely futile noel illusory. 6. The bill creates no new officers; none beyond a very insignificant number need be created, to carry out this system. Its only effect is to increase the trouble and responsibility of public officers. All re- member the outcry raised against the de- posite bank system, on this ground, of the danger of improper Executive influence upon the interests of banks; this objec- hon to the late system was not without reason, as was proved by the urgent ap- plications made on behalf of the banks for a share of the public deposites. This is wholly obviated by the bill. The only mode in which a corrupt influence can be exerted by the public money, is, by the privilege of its use. It is evident that this is entirely cut off by a system which for- bids its being loaned or used for any pur- pose wh tever not commanded by appro- priation. The same formalities and checks would attend the payment of all drafts, & c., and the Executive would manifestly have no more control over the public moneys, for any other than lawful purposes, than now. 7 This objection was eloquently and in- geniously urged. It was replied: That instead of being of a hostile nature towards the banks, this measure was re- ally in a high degree friendly to their best interests, as to those of the people. It was admitted that they ~vere not to blame for having banked upon the public deposites, they were required to do so by being compelled to pay interest to the Govern- inent, by the deposite act. The true in- terest of a bank is to conduct its legiti- mate business on the firm basis of its own capital and its own credit. It then, and the public, know exactly what to rely upon; and it has its own business safe in its own hands. It is more injurious than profitable, to have the Government credit mixed up with its own. Its credit is liable to be shaken by the action of the Government, and the conflicts of politics. Its basis of capital is constantly shifting, and exposed to variation, according to accumulation and transfers of the public moneys; and as every expansion of its loans operates with a powerful stimulat- ing effect on the community, a sudden withdrawal of them, (a necessity to which it must be constantly more or less liable,) must produce a very injurious in- fluence on both. The business of our en- terprising population will always afford a full remunerating profit to capital in- vested in banking. So long as the States continue to create banks, it is their func- tion to distribute and apportion their bank- ing capital suitably to the proper wants of respective localities; and it is an im- proper interference on the part of the Go- vernment to disturb the proportions thus established by St ate is ation, by artifi- cially increasing or decreasing the actual banking capitals of different institutions, by lending or withdrawing the use of the public moneys. The effect of this systam would be to furnish the community a uniform stand- ard of value. It was admitted by all, that gold and silver,the currency of the world in the commercial relations of nations, possessing a value not artificial, but natural and intrinsicwas that standard, to which paper money ought always to be kept down;that at the formation of the Constitution the possi- bility of departure from it was never dreamed of, and would not have been tolerated. That standard had hitherto existed only nominally. The fluctuating elasticity of paper, had, in fact, furnished the only standard in practical use. The transactions of the Government being conducted in specie would create a cer- tain demand for itnot large in propor- tion to the quantity of money in useyet constant and re~ular; this, withthe actual circulation of its expenditures, would furnishthat practical standard of the cur- rency hitherto wanting,that balance- wheel to the machine, in vain sought to be supplied by a large bank, whose ac- tion (possessing the same intrinsic de- fects as the rest) was far more pernicious than beneficial. This would diminish the small note circulation to some extent, and would, as its best service, compel every hank to keep its circulation on a par of credit with the specie standard. And this would, be the only effectual mode of accomplishing that object, upon which all should unite. This would be not less beneficial to the real permanent interests of the banks, than to the cur- rency and the business of the community. It being conceded that the banks must not hereafter, at any rate, bank upon the public money, they have no material in- terest in having their notes receivable in the collection of the revenue. The Go- vernment could not keep their paper on hand as cash in the Treasury, since this would be equivalent to lending them the public money, in another form, to bank upon; and they would be thus subjected to having their notes brought in upon the~si in masses for conversion into specie. And, moreover, shall the paper of all, so called, specie-paying banks be made receivable~ It would be a dangerous experiment. Shall a discretion of selection be vested in executive officers, to sit in judgment 24 The Extra Session. January, on the credit of banks. Few would ad- vocate it. Eight or ten millions is the highest amount of money that would flow in the circuit of the public revenue and expenditures. This is a proportion alto- gether insignificant, to the amount of transactions in money of the country; nor could it have any material influence on the circulation and credit of the medium that should be used for those other pur- poses, except to increase, in some degree, the specie in actual circulation, and af- ford, as has just been said, tbe standard and measure hitherto wantingan object admitted by all to be highly important. The charge that the operation of the bill would force an exclusive metallic currency on the country, and thus sud- denly strike down the value of all pro- perty one~third* or two-thirds,t seemed certainly obviated by the gradual caution with which the principle of specie pay- ment was to be brought into operation. Independently of the consideration of the small proportion of the currency which would be involved in the fiscal action of the Government, the bill, as amended, al- lowed over four years for its gradual con- summation, which time, if that objection was raised., they were even willing to ex- tend, being mainly anxious for the prin- ciple. Tbe exclusion of bank paper from the revenue being applied to all, would not affect the credit of anyas would be the case, were distinctions made to the pre- judice ofparticular banks. The State banks had not the public deposites during the period of the charter of the late IBank of the United States, whose notes alone were by law made re- ceivable. It had the option of receiving or discrediting the notes of any of the former; yet, as a whole, they never were in a sounder or better condition than dur- ing that period, before they became in any way connected with the Government. Was it intended by the States which created them, that their credit should be dependent on the patronage ofthe General Government? Not more than one-twentieth of the whole number of banks, are required as depositories. What material influence would the adoption of them have on the credit of the rest of the whole body? Would it not give the favored few an un- due advantage over the rest? It was denied strongly that the bill in- volved any attack on the banks, or the credit system. It merely established a simple, safe, stable, and uniform system of administration of the public finances of the country, secured from the dangers which had been heretofore experienced under all the other systems tried; exert- ing, incidentally, a healthful influence on the ceirrency, the business of the commu- nity, and, in a signal degree, on the per- manent interests of the banks themselves. This general charge against the mea- sure proposed, as being calculated to pros trate the banks and the credit system, was especially urged as the Conserva- tive objection to it. Although many of the Senators spoke in strong terms against the abuses of that system which the country has witnessed, any such design was explicitly disavowed, and, as will appear from the tenor of the above arguments in reply, disproved. To the amendment proposed, as a substitute, by Mr. Rives, it was strongly urged in re- ply: That his bill could not produce the effect of reform contemplated by itthat of suppressing bank paper under $2O which was the main stay on which its merits depended. The age of surpluses has gone by. The revenue is hereafter to be reduced to the measure of the economi- cal wants of the Government. The Sec- retary of the Treasury estimates that they may soon be reduced to seventeen millions. There will hereafter be no accumulation of deposites. The disbursements will fol- low close on the heels of the receipts. And it has already been shown that the amount of money used in the public finances will bear an insignificant proportion to the whole currency. What banks will be in- ducedto sacrifice the profits of their small- er circulation, by that plan? And if any should be found to do soeven if a quar- ter, or a halg of the whole number, the only effect would be to leave a richer harvest of profit to the rest in the supply of small notes. The means are evidently immense- ly disproportionate to the end proposed. The only effectual way, within the com- petency of the General Government, to extend the metallic circulation, is to keep up, in its own transactiOns, a metallic nu- cleus to the currency at large, round which the latter may be thus compelled to attach itself; adhering to it as the common stan- dard of value. But, moreover, such an attempted reform of the State Institutions would be beyond the legitimate incidental influence that the Federal Government may rightfully ex- ert. It would certainly be very little in harmony with State-Rights principles. The General Government is bound to fur- nish the uniform specie standard or stable measure, to which it is the business of the States to keep down their respective local currencies. But to undertake the reform of the State Institutionsto virtually dic- tate to the States the proper principles on which they must organize their banking systemto refuse to recognize the banks of those States which will not adopt the views of the General Government on the * Mr. King, of Ga. I Mr. Clay, of Ky. The Divorce Bill. subject of small notes (on which there ex- 1st considerable diversities of opinions) would certainly be extendin~ the action of incidental influence a great deal far- ther than the principles and ~pirit of the State-Ri~bts school can tolerateand in a mode the most obnoxious to jealousy and discontent. Certainly thus to reform the State Banks bad no part in the motives which determined the adoption of that system in lo3a. That reform of the res- pective State local currencies must be left to the States. It is worse than idle to talk an ainst Federal cent alization of influ- ence and power, if we are to undertake thus to wield incidental power ., expressly and avoxvedly towards such a direct end of reversal of State legislation. The whole constitutional araument nnainst a National Bank is virtually undermined by such a course of policy. It was nr~ ued here, that an important benefit to the fiscal action of the Govern- ~~ent,in an her point of view, would re- sult from the dissolution of the connect- ion heretofore existing between it and the bankin i erests of the country. The pressure of bankina influences on legisla- tionwell known to be real and potent, thounh invisible and intanniblewith all its pernicious tendency to high taxes and accumulation of revenue, and with all the acrimonious spirit which it introduces into the collisions of parties and opinions would be at an end. The Treasury De- partment, also, would be relieved from the necessity, now incumbent upon it with reference to the safety of the public funds, of enteriri,, into the arena of conflicting interests, in times of pressure, to assist and relieve the respective banks that seem to need it, by the weight of its credit and transfers. This had been stron,,ly repro- bated, yet if the public funds are entrust- ed to, and endangered in banks, it be- comes evidently a measure of necessity. It would also be no unimportant object to put the Government beyond the reach of those perpetual outcries and imputations to which it is now subjected at every step taken in the mana,,ement of its finances, because every step presses upon the bank- ing interests with which it is connected. 8. To the remainir~~ argament was replied.: That all the relief that the General Gov- ernment could legitimately extend (even if more was in its power, which was not the case) was provided in theother meas- ures already passed., viz: the Fourth In- stalment Postponement Bill, relievin0 the deposite banks from the necessity of mak- in,, that transfer; tlse issue of Tre~ sury notes; the indulgence ranted on duty bonds; and that granted to the late depo- site banks. These were very important relief measures. More the Government could not do. It could not yield to any temptation to exert itself to grant favors (beyond what was already i cidentally done,) to any partial interests. A Na- tional Bank would, it was believed, vast- ly augment the e il.* To receive irre- deemable paper no one could seriously ad- vocate. There remain but two pa sa6es in the debate to notice. They are the criticisms th were pased on the Presidents Mes- sage, and which replied to, in most masterly style, by Mr. Buchanan. They were The one(by Mr. King, of Ga.,) to the ef- fect, that the Presidents positions, relative to the similar redundancy of paper money and other facilities of credit, and the simi- lar spirit of speculation, alle,,ed to have taken place in En,,land, are entirely er- roneous, and the facts he supposes have not a shadow of existence. The other (by Mr. Webster) to the ef- fect, that the doctrine of the Message, re- lative to the powers of the Federal Gov- ernment over the subject of currency and exchange, ave wholly unsound and uncon- stitutional. Mr. King exhibited an array of li,,ures and statistics, doing to prove that there had been no expansion of the paper currency and of credits and speculation in En gland. His argument was designed to carry the inference that the distress felt in this coun- try was peculiar to us, and attributable to the tampering with the currency in the experiment, to dispense with the Bank of the United States. He shewed that the bank circulation had increased only onc * It was pleasantly replied, by Mr. Wright, to the charge made by Mr. Pre onto the ef- fect thet the system proposed would he virtually to establish a Government National Bank that, if the definition of n beak included one who neither lent money, received deposit s, nor issued his notes for circulation as currency (the present issue of Treasury notes being but a temporary anticipation of ateruing revenue and funds for the time unavailable,) hut only oc- casionally transferred money, by selling his hills of exchan,,e on his actual specie funds pro- vided, like any other merchant in the market, then indeed, ho was ready to say to the Sena- tor from South Carolina, and to all the friends of that Senator who were so very anxious for the establishment f a National Bank, that, opposed as he was to such an institution, in name or in principle, if they would compromise by the acceptance of such a hank as this bill would establish, they should have it with his cheerful assent, and this long sad heated agitation absuist a Geverarasat Bank, should he forever amicably settled. Vol.. ~. D The Extra Se~io%. third of one per cent within the last three years, while the natural demand for cur- rency, from increase of population, pro- perty and transactions, had increased in a much larger proportion, leaving of course a relative contraction of currency. This he contrasted with the expansion of paper circulation which had taken place with us, amounting to 96 per cent., thus fastening the implication of the grossest i0norance or wilful deception oci the President. Mr. Buchanan, in reply, demolished this argu- ment entirely. He shewed that an im- mense expansion of credit and speculation might take place, without an apparent in- crease of currency in circulation. The is- sues of notes hear but a small proportion to the discount credits on the hooks of banks on deposite, which are transferred to an indefinite extent by hank checks for all the larger operations. For example, the Bank of America, in the city of New York, with a capital of $2,000,000, has but $425,000 of notes in circulation, while its loans and discounts amount to $3,755, 000. On 1st Jan., last, the bank notes in circulation amounted to $140,000,000, but enormous as was that sum, it did not equal one-third of the bank loans and discounts. The joint stock banks in En0land had in- creased very rapidly. They had begun in 1825; on the 26th November last they numbered 102, exclusive of an immense number of branches. During the preced- ing five months they had been increasing at the rate of five per month, exclusive of branches; yet there was but a compara- tively small increase of their notesthen whence the enonnous profits they were kaown to make 3 It was by means of these bank credits, which constitute pa- per money as much as notes. They were in the habit of sending the paper they dis- counted immediately up to London to be re-discounted there, thus banking to an indefinite extent on credit. To such an extent, said the Edinburgh Review for July, 1836, had this system been carried, that we are well assured that certain banks, with less than 500,000 of paid up capital, have discounted bills and made advances to the extent of from five to siz millions; and the en,,agements of others~ have been even more incommensurate with their capital. The consequence and illustration of this state of thinb s was, that during the first three months of 1836 one hundred and four joint stock companies were formed in Manchester and Liverpool alone, with an aggre~ate capital of 37,987,500; and Mr. Poulett Thompson stated in the House of Commons, that the number of fresh companies on the tapis, for every imagina- ble object, from making railways in Hin- dostan to buryin~ the dead at home, were between three and four hundred, with na aggregate projected capital of nearly two hundred millions sterling. The reply was overwhelming, and there was no attempt at rejoinder. Mr. Websters severe criticism on the doctrine of the Message, on the subject of currency and exchange, was based on the argument, that the power to regulate commerce implied the power to regulate that which is the medium of commerce, money; that this implied the power to create a paper currency, paper being in actual use na the principal commercial medium of the country; this right on the part of Con~ress being confirmed by the provision forbidding the States to emit bills of credit; and again, that the power of coinage implied a general unlimited pow- er over the subject of currency, and the duty to regulate whatever was in actual circulation as money. He strengthened his claims for this general power to regu- late the currency, by the case of the crea- tion of the first Bank of the United States under the administration of Washington, and of the second under that of Madison, in both cases with the Executive sanction, and in the latterwitli that of the Senator from South Carolina (Mr. Calhoun,*) as *NoT~....Mr Calhoun explained, that he had always left the way open for himself to oppose a Bank, whenever the separation of the Government from alt banks should appear possible. At that time the connection existed in full force. He acted from a strong pressure of neces- aity at the time, and against his own impressions of constitutional right. Now, for the first time, xvere circumstances such as to leave him at liberty to pursue what he had always regarded as the true constitutional path. His speech as reported in the Intelligeacer, in 1816, u-as very imperfect, having been condensed by the reporter, from a great length, to a column and ~half, without the notes being ever seen by him. Though he had formerly said, that he felt himself thenceforward precluded, by the decision of the question, from op- posing the bank as unconstitutional, yet he considered the ground of the whole question as entirely changed by the dissolution of the connection between the Government and the banks; and he was now at liberty to oppose, in obedience to his convictions, what he had before advocated, against his impressions from a strong pressure of necessity arising out of the existing state of circumstances. How far the distinguished Senator from South Carolina, who has for so many years taken so active a part in all the public affairs of the country, thus succeeded in defending the consistency of his principles and practice, is too delicate a ques- tion for us to presume to pass judgment upon. 20 (January, The Deposite Baark & ttleincnt Bill. chairman of the committee on the subject of an uaiforea national currency, which reported in favor of a bank. He stated the present position of the Executive, of incompetence on the part of the Federal Government to regulate the subjects of currency and exchange, to be an after- thou,, ht, and without precedent; that it was not assumed by the la.te Administra- tion, but that, on the contrary, it had aimed at a better currency, and better regulated exchanges. Mr. Buchanan replied by ur,,in,, the State-Ri,,hts principle, in its solid, simple stren,, th. Such a style of constructive interpretation, with all the lawyers meta- physical subtlety, would melt away every limit to federal authority, and would at once consolidate all power in the hands of the federal centre. The im- mediate motive that led to the call of the convention to frame the Constitution was the want of uniformity in the commercial regulations of the dilThrent States. The duties on imports and exports varying in each, it was impossible to make commer- cial treaties with foreign nations, and a war of commercial restrictions arose anion,, themselves. This confusion it was that was desi,,ned to be regulated hy the Constitution. The power to create a paper currency is no where expressly given; it is well known that the power to incorporate was expressly withheld, it being urged against it that it would per. mit the creation of a national bank. [he framers of the Constitution contemplated only a specie currency, the established standard of value, and the intrinsically sound currency of the world, (which does not preclude any use being made of pri- vate credit.) Their meaning and design being established, we cannot by construc- tive reasonin,, from circumstances, as- sume the power of reversing it. This would virtually annihilate the whole doc- trine of the State.Rights school. He il- lustrated more fully the argument of the Message that this construction of the power to regulate commerce would fully justify that of providing for the transpor- tation of merchandise. At length this memorable debate was closed; and the question was taken on the different amendments, Tuesday, Oct. 3d. The vote on Mr. Calhouns amendment was yeas ~24, nays ~23, (See Table, No. 7.) That on the substitute of Mr. Rives was taken next, and was lost, yeas 22, nays 26, (See Table, No. 8.) Mr. Prestons amendment (which he then offered) was lost by the same vote. An amendment was added, on motion of Mr. Buchanan, to empower the Trea~ sury Department to prescribe regulations to enforce the speedy presentation of drafts at the places where payable, to prevent the accumulation of gold and silver in the hands of the depositories. The bill was also amended so as to ex- clude the notes of all such banks as shall refuse to receive, at the par of gold and silver, the Treasury notes or bills receiv- able for public dues; also all bills under $10, or not payable at the place where issued. The bill was then ordered to its third readin,, by the vote, yeas 25, nays 23, (See Table, No. 9,) and finally (after speeches by Messrs. Clay, of Ala., and Southard.) read a third time and passed, on the following day, by yeas 26, nays 20, the name of Mr. Morris hem, added to the Yeas of the preceding day, the Nays hem, reduced by the names of Preston, Rives and Spencethat of the preceding day having been the test vote. It should here be added that, on Mon- day, September 25th, the question was taken on the motion of Mr. King, of Ga., to postpone the bill until the next session, and lost, yeas 19, nays, 27, (See Table, No. 10.) THE DEPO5ITE BANK 5ETTLEMENT BILL. This bill was the next taken up, Sept. 18th. It authorized the Secretary of the Treasury to continue to withdraw the public moneys from the late deposite banks, in a manner as gradual and con- venient to them as possible, under the ex- isting re,,ulations; and applied to the moneys standin,, to the credit of all pub- lic officers, as well as the Treasurer of the United States. It provided that in case of failure to comply with the requisi- tions of the Treasury, suits should not be commenced against the defaulting bank, provided it should execute a well secured bond to pay the whole amount due, in three instalments, at periods of two, five and eight months, with six per cent. in- terest from the date of the default, and all damages accruing to the United States in consequence thereof. After being amended so as to extend the periods of two, four and eight months, to four, six, and nine months, respectively, the bill was ordered to be engrossed, without opposition, and was accordingly read the third time and passed, the follow- ing day, Sept. 19th. The bill was received again from the H. R., amended so as to extend the times at which the instalments from the banks would be payable from the end of four, six, and nine months, respectively, to July next, January, 1839, and July, 1839; which was concurred in. An ambiguity appearingto exist in the language of the bill, in relation to the time when six per cent. interest was to be required from defaulting banks, the amendment was amended so as to fix the time at the default of the bank to answer the drafts of the Treasury upon it under the provisions of the deposite act, so as 1838.1 27 Tue Ext~a ,Segsion~. to exclude the interpretation of its beina intended to apply only to a possible de- fault to pay these future instalments punc- tually. Thus the bill was aaain returned to the H. ft. RESOLUTION AGAINST A NATIONAL BANK. A number of memorials were received- feom different quarter , praying for the incorporation of a national bank. These were, for the most part, of o e common printed form, which had been circulated torough the country, from the Chamber of Commerce of New York for signature. On Thursday. Sept. 21st, Mr. Wright, from the Committee on Finance, to which they were ret~rred, reported a resolution, that the prayer of the memorialists ought not In he granted. It was taken up on the ~Jtlm instant, and some interestina parlia- Iliciltary niaiVleeuveIing took place on the occasion. There was not much debating, and none that went directly to the merits of tile question of the constitutionality and expediency of a hank. A decided deter- minatIon was manifested by a majority to bring up a distinct vote on the plain proposition reported by the committee, which a portion of the Senate appeared desirous to evade. Mr. Clay, of Ky., thou~ht that the sub- ject ou~ht m lie on the table, but since gentlemen were disposed to persist in im- mediate action, he moved, as a substitute, that it will be expedient to establish a Bank of the United States whenever it shall be manifest that a clear majority of the people of the United States desire such an illstinItion. Mr. Webster moved a postponement to that day week; which Mr. Preston ad- vocated. He was not now prepared to decide whether a National Bank would, or would not, be expedient. It would depend on the course pursued here for the relief of the country. He would prefer a bank to the cold and heartless alternative of tile divorce, nowin progress of dis- cussion; and a state of things might oc- cur before two weeks, which would induce him to vote for a National Bank. He in- timated that he considered the resolution as a trap laid to ensnare Senators into a premature committal of opinion. Mr. Websters motion to postpone was lost, yeas 15, nays 30. (See Table, No. 11.) Mr. Tailmadge then moved to amend Mr. Clays amendment, by substituting: That in the opinion of the Senate a clear majority of the people of the United States are opposed to a National Bank, and that it is inexpedient to grant the prayer of the petitioners.~~ It was denied that the resolution re- ported was designed as a trap. Tile subject had been brought before the Senate by all these memorials, and it was proper that judgment should be passed upon the application of tile memorialists. It was a question that ou~ht to be met frankly, and its decisive settlement would ilave an important influence to tranquillize the pub- lic mind, and give relief by relcasin~ the capital now waiting in suspense for the possible chance of investment in a hank. Mr. Talimad ses amendment to the ameodme A was adopted, yeas 29, nays 15, (See Table, No. 12.) Pendin~ the discussion upon it, Mr. Tailmadge moved to lay the whole mat- ter on tile table. This was, however, ne- gatived, by the vote of yeas 19, nays 2~L (See Table, No. 13.) Tile question then became on tise adop- tion of the resolution as amended by Mr.. Talimadges substitute. Mr. Clay then made an attempt to ap- pend his amendment (which was thus. superseded) to the substitute of Mr. Tail- madge, as an amendment to it. An animated debate occurred. Mr. Smith, of Connecticut, spoke strongly against a bank, and was anxious to ex- plain his vote, so that it miaht not have seemi ,, of a vote against the supre- macy of the voice of the people. Ther was no propriety in the adoption of an abstract proposition applicable to a future state of things, and not to tlse present. It was proper to v e on the present question,. as one of now, and therefore he was de- sirous of voting on the imple original resolution. Mr. Roane followed, with similar views, and expressed himself tliorou~hly opposed, equally on grounds of constitutionality and expediency, to a National Bank. He declared, moreover, his devotion to tile plain principle of in- structionshe could never vote in favor of a bank, so long as his own constituents were opposed to it, even thou~ h all the rest of the people and all the Senate might be in favor of it. Mr. Allen made a spirited and able speech, opposin,,, Mr. Clays amendment, in this point of view, that it went to destroy the peculiar repre- sentative character of the Senate by im- plying that a bank ought to he established whenever the people, as a whole, should be in favor of it, though a majority of States should be opposed to it. Mr. Rives and Benton followed in the same line of argument. Mr. Clays last motion to amend was then lost, yeas 16, nays 30, (See Table, No. 14.) Mr. Talimad hes amendment then found few friendsthe open friends of a bank being of course against it, and its opponents preferring generally a plain distinct vote on the original resolution. Three only voted for it, Linn, Nicholas, and Tailmadge. The question was then at last brought to the vote on the resolution as reported by the Committee, and carried in the affir- mative, yeas 31, nays 15, (See Table, No. 15.) [Ja~iuary,~ The Warehousing System Bill. TUE NEW YORK FIRE BILL, particular, having desired time to ex- On Wednesday, September 20th, Mr. amine the subject. It was finally brou0ht Vright, from the Committee on Finance, up on the 9th Oct., an on that and the reported a bill for the remission of duties two succeeding days, received considera- paid or remaining due on hoods destroyed ble discussion. by the great fire in New York, of 1835, R~1~ was opposed by Mr. Clay, (who had, the respective amounts to be remitted to first, without mature reflection, ex- be determined, on evidence taken, by T~ essed hiloselt in favor of it,) on the commissioners, subject to the approval ~ round of its disturbing the understood the Secretary of the Treasury. It ~ conditions of the compromise act. The ordered to its third readin,,, on the 25th, .~ystem of credit on duty bonds fonvwd witlsout division, (the Divorce bill bein~ an essential feature of that act. It was informally suspended, for the purpos~ replied that this plan permitted the cx- and passed on the following day. tension 01 the credit through three years, if desired. Mr. Calhoun would never consent to infringe the conditions of the compromLse act; and therefore, feeling favorably dliposed to the propesed ware- housin,, system, he moved an amend- ment to 0ive the imi otter the option of giving credit bonds, accordin~ to th~ pro- visions of that act, or of stosin the ~oods accordin,, to the plan of thi 1 ill M Clay, however, thought that the omend ment made the bill still more objeetiona ble. It was nra ned a~ am t the nill that the expense of the system would b teat that it was a new experiment and that the fifth section would permit manmuvei TOg) accompanied witis an iijurious no certainty, upon the markets of the respec- tive districts, by tin sfers at the option of importers. It was replied, that the merchants were nil strongly in favor of it. It was precisely what as needed to steady the market. The merchants could choose their own time and place for the withdrawal of their goods, and could both take the advan- tage of a good market, and be saved the necessity of makina sacrifices in a bad one; whereas heavy sacrifices were now often necessary to meet the bonds at the time of maturity. The present system had all the uncertainty of speculation, and was a bad application of the credit principle. The proposed system urlited the benefits of the cash system, (conve- nient to Government, beneficial to the manufacturin intere t, and savin the accumulation of debt from the merchants to Government,) with all the advan- ta~es of credit. In the absence of suffi- cient information on thi subject, and in view of the impossibility of passna the measure through the House Rcprsnta- tives at this period of the Ssaion, Mr. Clay, of Ky., moved its postpenrment till the next Session. The friends of the bill opposed it. They insisted that there was no good objection to it, and were anxious to pass it, as a part of the gene~. r~ i system of the financial legislation of the Senate at this time. Mr. Buchanan and Mr. Wri,,ht were the most earnest in their desire to have the bill passed with- out further delay. The motion to postpone, made on the INDIAN ROSTILITIRS APPROPRIATION. In their action on this subject the Senate received a si,,nificant rebuke from the H. R. for a presumed infrin0ement on the privile,,ed ri,,ht of the latter. The Senate passed a bill, on the 26th Septem- ber, (which had been reported by the Committee on Finance on the 21st) mak- in,, additional approprh tion for the ex- penses of the Seminole war. A bill was returned to it from the House, as an ott- nal bill, on the 14th October, literally the same as that sent down by the Senate, era notice heina taken of the tatter. Some Senators expressed some indi~nation at this discourteous irregularity, especially Mr. Webster; who put the case of the House, in case of the Senates concurrence with this bill, then passin,, the bill which they had sent down, and thus doubhin,, the appropriation intended by the Senate. The motive of the H. R. had been to mark the impropriety of the Senates havin,, resumed to originate an appropriation ~tt. The Senate consented to waive their di,,nity, for the sake of the ur~ency of the public necessity, thou~h not with- out the expression of considerable dissa- tisfaction. TilE WAREIIOL51N0 SYSTEM BILL. The bill, reported from the Committee on Finance, Sept. 14th, provided, that importers should have the option of pay- in,, their duties on entry, or of depositin.~, the goods imported in public store, (at their own expense and risk), withdrawin~ any portion from time to time on payin,, the duty and stora,,e; the goods to be sold if not withdrawn within three years; no drawback to be allowed after withdrawal of goods from public store and payment of duty, but withdrawal for immediate xportation permitted, without payment of duty; the fifth section also nermitted the traosportat~ion of merchandise from one district to another, at the option ~nd expense of the importer. The consideration o~ the bill was seve- ral times postponed. Mr. Calhoun, in 1838.1 29 The Extra Session. 10th October, was lost, yeas 17, nays 22. (See Table, No. 16.) Mr. Calhouns amendment was also lost, yeas 14, nays 23. (See Table, No. 17.) On the following day, a motion to post- pone, by Mr. Clay, was again fost, yeas 15, nays 23. (See Table, No. 18.) And on the question of ordering to the third reading, it was decided in the affirmative yeas 28, nays 5. (See Table, No. 19.); and so, on the following day, October 12th, the bill was read the third time, passed, and seat to the House. THE DiSThiCT cLISHENcY BILL. This bill was reported from the Com- mittee on Finance, on the 14th Sept. It remitted to the banks of the District of Columbia, the penalities to which they were rendered liable by the suspension of specie payments, on condition of their resuming payment of all their notes under $10 within sixty days, and of all their notes within six months. They were also forbidden to receive or pay out any kind of paper under ~5. The circulation of every species of paper under ~5, in the District, whether by individuals or cor- porations, was forbidden with severe and prompt penalties, to take effect in thirty days after the passage of the act. The bill excited an animated debate. An unanii 005 disposition was evinced to enforce the latter object of the bill, but a eneral willin~ness to indul~e the banks of the District with time. Mr. Kent and Mr. Norvell appeared as the prominent advocates of indulgence to them; the latter moving to postpone the subject till next Session. Those in favor of a de- cisive action at present looked mainly to the incidental influence that would be exerted by it, as an example, upon the country at large. During the debate, Mr. iNiles took occasion to express him- selg though in favor of free trade, yet op- posed to free banking. Mr. Strange thou ii no greater friend to the miserable sl~ n p1 cster currency of the District, yet did rot appiove of this mode of sup- pressin it he said that he was op- posed so much legislation on this sub- ject These evils had a tendency to rem dv themselves. The experience of the ~eople in using shin-plasters would remLd} tl e evik of the practice bet- her tle rn to laws. And for his part, he added, he thought them better than corporation paper. There w s no se- erecy about them. They could not pass if the individual was in bad credit. The bill was finally amended so as to omit the requisition of resumption of specie payments by the banks, leaving only the prohibition of the small nete cir- culation; in which form it Was ordered to the third reading; and on the follow- ing day passed and was sent to the House Representatives. MiSCELLANEOUS. To the account, above given, of the several subjects brought before the Senate, and its action upon them, at the Extra Session, are to be added the following, not deemed of sufficient importance or public interest, to claim a more detailed notice than this briefer enumeration. On the sug~ cation made in the Presi. dents Messae, on the subject of a uni- form 1 w of bankruptcy, no definitive act- ion was had by the Senate. Being re- ferred to the Committee on the Judiciary, that Committee, at the close of the Sessions was on motion of its chairman, Mr. Geundy, diseharged form the farther con- sideration of it. It was understood, that, from the importance of the subject, there being no necessity for immediate action upon it, the Committee thought it best that it should lie over till the next Sea-. sion, without any present action upon it. On this motion hem made, Mr. Benton delivered a very able speech in vindica-. tion of the Pre idents suggestion from the indirect attacks which had been made upon it during the course of the preceding debates, especially by Mr. Webster. He was replied to, on that and the following days, by Messrs. Crittenden and Soulh- ard. As this debating was unconnected with any action on the subject, the whole bein~ postponed till the next Sea- aion, it has been thou6ht proper to give it no more extended notice in this place, re- serving till the next Session an analysis of the respective arguments on the subject. A bill to regulate the fees of the Dis- trict Attorneys, for the renewal of cust house bonds, was reported by the com- mittee on the Judiciary on the 30th Sept. It was known that the several thousands of bonds would be renewable under the op- eration of the leaislation of this Ses- sion. The hill fixed the fee at~5 on each bond. This was objected to as too high. The kill was finally passed on the 9th Oct., an amendment offered by Mr. Clay, of Ky., having been adopted, yeas 22, nays 18, (See Table No. 20,) directing that the bonds for renewal shall not go to the District Attorneys, but shall be re- newed by the collectors, with the same fee as charged on the original bond, (viz: sixty cents.) A very great number of memorials were presented during the course of the Session against the admission of Texas into the Union; as also against the ad- mission of any State tolerating slavery within its herders. These Were all laid on the table without debate. 30 [January, 1838.] List of Questions Voted by Yeas and Na~ys. 31 On three occasions only were memo- rials presented, praying for the abolition of slavery, and t slave trade, within the District of Columbia. On these occa- sions motions were made (twice by Mr. Calhoun and unce by Mr. Preston) that the memorials he not received. These motions were laid on the table, producin~ of course the non-reception of the memo- rials, on motion, in the e case of Mr. Grundy, and in the other two cases, of Mr. King, of Alabama. THE ADJOURNMENT. The Senate maintained a considerable distance in advance of the H. R., in the progress of business dunn the whoieSes- sion its committees having been or- ganized several days earlier. On the ~26th Sept., it passed a resolution fixing upon the 9th Oc ber, for the day of ad- journment of Cons ress; which was not, however, acquiesced in by the H. R., that body substituting the 16th October, which was, Oct. 3d, concurred in by the Senate. Such was, in fact, the difference in the despatch of the business between the two Houses, from the more unwieldy char- acter of the more a erous body, that to- wards the close of the Session, while the most important subjects remained yet un- acted upon in the latter, and its members were exhausted with late night sittin~s, the Senate adjourned over from the 5th, to the 9th of October, On the 13th, Friday, the Vice Presi- dent having vacated his seat for the re- mainder of the Session, Mr. King, of Al., was chosen President pro tern, of the Sen- ate. And finally, at an early hour on Monday momma, (half past 8,) Oct. 16th, the Senate adjourned sine die. LIST OF QUE5TIoN5 VOTED BY YEAS AND NAYS. (The Numbers corresponding to those of the subjoined Table.) No. 1. Sept. 14th, Motion of Mr. Bu- farther consideration of the resolution chanan to amend the Fourth Instalment aaainst a National Bank. See page 28. Postponement Bill. See page 14. No. 12. Sept. 26th, Motion of Mr. No. 2. Sept. 14th, Q.uestion on the Tallmadge to amend the amen ment of- substitute offered by Mr. Tallmad a e for fered by Mr. Clay, of Ky., to the resolu- the Fourth Instalment Postponement Bill. tion against a National Bank. See page 28. See pane 14. No. 13. Sept. 26th, Motionof Mr. Tall- No. 3. Sept. 14th, Question on the en- madge to lay on the table the resolution grossment for a third reading of the against a National Bank with the propos- Fourth Instalment Postponement B 11. ed amendments. See page 28. See paae 14. No. 14. 5 t. 26th, Motion of Mr. No. 4. Sept. 15th, Question on the final Clay, of Ky., to amend the amended passa~e of the Fourth Instalment Post- amendment to the resolution aaainst a ponement Bill. See page 15. National Bank. See page 28. No. 5. Sept. 18th, Question on the en- No. 15. Sept. 26th. Question on the grossment for a third reading of the resolution against a National Bank, as Treasury Notes Bill. See page 17. reported by the Committee on Finance. No. 6. Oct. 10, Motion of Mr. Benton See page 28. to amend the Treasury Notes Bill, as sent No. 16. Oct. 10th, Motion hy Mr. Clay, from the H. 11. See page 27. of Ky., to postpone the further considema- No. 7. Oct. 3d, Question on the adop- tion of the Warehousing System Bill, to tion of Mr. Calhouns amendment to the the first Monday in December next. See Divorce Bill. See paae 27. page 30. No. 8. Oct. 3d, Question on the adop- No. 17. Oct. 10th, Question on Mr. tion of the substitute offered by Mr. Rives Calhouns amendment to the Warehous- to the Divorce Bill. See page 27. ing System Bill. See page 30. Also, on Mr. Prestons amendment me- No. 18. Oct. 11th, Motion (renewed) lating to special deposites. See page 27. by Mr. Clay, of Ky., to postpone the fur- No. 9. Oct. 3d, Question on the en- them consideration of the Warehousing groasment, for a third readin of the Di- System Bill, to the first Monday in De- orce Bill. See page 27. cember next. See page 30. No. 10. Sept. 25th, Motion of Mr. No. 19. Oct. 11th, Question on the ca- King, of Ga. to postpone, to the first Mon- grossment for a third readian, of the day of December next, the further consi d-W arehousin, System Bill. See page 30. eration of the Divorce Bill. See page 27. No. 20. Oct. 9th, Question on the adop- No. 11. Sept. 26th, Motion of Mr. tion of Mr. Clays amendment to the Dis- Webster to postpone3 so Monday next,the trict Attorneys Fees BilL See page 30. 9 0 0 ~ 9 0 (- 0 (42 0 42 ~ ~ ~f~ ~ -04~~42~44 24222~~.~ /2 --~ -42- 42 /2- .42~4442~ 4222429 2. .-44942.~ ~0 42424.~ 44 4.42 444.(44~. 0224244 0 (2-0~ 422/2 /2 4(444242 ~044 ~ 42 /2 4. /2 -042 ~ 22 ~4..- 4 , /2444~44.4 - 0~1 44444444~ 4,4.44,,, ~, 944444444/242442444,4/24442/2444444,4444/2/24424 444444449/244/2/2~ 4 4 ~ I ___ 44~44/244449/244/2/24444 9/2404.449/2/2/2 44/2/2/244/2442/242444444/244/2P42442/2/2/2/2Vo /2/2/2/2/2444,44444444/244/244424444444.4444 444 /2 /2/2 42 0 I/244444/24.42444,44444,/2/2(44444.44 (((/244 44 444.44 42/24244944/24244/244/2.4442 ~j (24.4244444 44/24444/244/2424444/242 494444 4.4/2, 42 42(444444444.4244 ((42 ~ 22J4242 ~ /244444242/2/2424494442 4, /24244 44444,44 44/242/24242 9/21/2/244 ~ ___ I ~ ~ 44/2/2/2/2/29444244/29/244/2/2 ((44/2/244/2 4442442.4244/244442/2 44 42~4442/2 44~ 42 ~ 42444244/2/24444/244/24444/24.44/24 42/244/2/244/2/2 /24222 ~ /2 44~~ I 1/2 /2/24244/2/2/2/24044/24444 /2 /24444/2/2/2/2/2/2 444/2444/24./2/24442444244~ 44/294442 22 0 01/29/2/24444/2/2/2/2/244/2/2/24./2444./2 /2/2/244/24444/2 /29/24244444242-42/244 /2 /2 44 /2/24~/24444 /24444 444244 42 42 4444/2 44/2/29444,4444/2/244/2 .44 44.42 42 (1 ~144/2/2/244/2/2/2/244444/2/2 44/2/2944~44/2/2/2/2/242 44/2 44/2/244/2/2~44 44/2/2/242 (2 o (142I /2/2/294444/2/2944 /24444/2/2/2 /2 /2/2/2 442/2/2/2/2444444/2 44/2 /2/2/244444.44/244/244424. 4~4~ .444444 /2/2/244/29 9/2442 44444440 /242 444444449404444 /2/2/29/2/2444444 10 ___ ~~I/242944449/2/2/244 4440/2/2/2 4244 ~44/24/244 42/2444.44/2/29/24444 ~ /2/244 K ___ f/2/24/2/2444/244/244444./24 ((((44/2 /24./2/2/2/244/2 /2/2/2/2/2/2 ~ 0 ~90I/24(/24444944444/24./2/244/2/244444. 444,4442 /2/244/244/2/2/2 44 44/2((/244I ___ 7~j~ ~ 4,44 44444444444 44444.44./2/244444,444.44.4444 /2 4.4./2~I 444. 0~1/240/2404/2/2/24/244 44/2444/24444/244 44444.44,4444444,444,/24./244/2/2 4444444/2/2/24,IO ~44 0(1 4-042/2 0 ~ OooO 444. ~ 0 42 ((44 0-~- (1 440~ ~0 9 0 og~~ ~ --0~o CI) 44..24.-0 0~444 4.4.2 ~ 0 0 ~42 ~ 0(4 Z ~ 0~~ ~ 4~ /24. 0 0 0 142 0o 0 ~44041 ~ CI) 4244 Ho- 0 L~(4 (4~/2~44 0 0 Z 0~(10 Q ~(4 0 ~ z 12 CI) 040 0 0~44 0 0; Si44 0 0 44~ 4, ~ 4z (4 042 /2 0 0 z 42~4. 42(4 ~-0 04- (40 410 0 0- /242 24 1838.] 33 UNITED STATES MAGAZINE AND DEMOCRATIC REVIEW. MONTHLY LIST OF YEW PUBLICATIONS. ANNUALS. The Token and Atlantic Souvenir, a Christmas and New Years present, edi- ted by S. G. Goodrich. BostonAmerican Stationers Company, 8vo. The American Almanac and Reposi- tory of Useful Knowledge, for the year 1838. BostonChas. Bowen, l2mo. pp. 336. The Parlour Scrap Bookcomprising fourteen en,ravings, with poetical illus- trations. PhiladelphiaCarey, Lee & Blanchard, 4to pp. 72. The Literary Souvenir for 1838, edi- ted by Win. E. Burton. Philadelphia Carey & Hart, Svo. The Christian Keepsake and Mis- sionary Annual for 1838, edited by Rev. John A. Clark. PhiladelphiaWin. Marshall & Co., l2mo. pp. 312. The Baltimore Book, a Christmas and New Years present, edited hy XV. A. Carpenter and S. S. Arthur. Baltimore Bayley & Burns, Svo. The Western Address Directory, with Historical, Topographical and Statistical sketches, (for the year 1837,) of the prin- cipal cities and towns in the Mississippi Valley, intended as a guide to travellers. By XV. G. Lyford, Baltimore, pp. 448. The Youths Keepsake, a Christmas and new years gift, for youn~ people. BostonT. H. Carter. Philadelphia Henry Perkins, iSmo. pp. 192. The Ladies Annual Rejster and Housewifes Memorandum-Book, for VOL. I. 1838, by Caroline Gilman, with engrav- ings by Devereux. BostonT. H. Car- ter, l2mo. pp. 140. It is, in fact, a genuine Almanacnot a mere calendar of the seasons, the weather and the courts; but an Almanac embracin,, a wider sphere of information, and a greater variety ol topics. It contains original and republished poetry and prose of a very hi,,h character, principally from the editor, Mrs. Gilman. It seems to have all that is requisite to make it an a~reeabIe visiter to both young and old, in the family circle. Bowens Picture of Boston, or the Citi- zens and Stran,,ers Guide, to the Metro- polis of Massachusetts and its environs; to which is prefixed, the annals of Boston, embellished with engravin~s. Third edition improved. BostonOtis, Broad- ers & Co., lSmo. BIOGRAPHY AND MEMOIRS. A Biographical Memoir of the Rev. John Williams, first Minister of Deerfield, (Mass.,) with a slight sketch of ancient Deerfield and an account of the Indian wars in that place and vicinity, with an appendix, containing the journal of the Rev. Dr. Stephen Williams, of Long- Meadox , during his captivity, and other papers relating to the early Indian wars in Deerfield, by Stephen W. Williams, A. M., M. D., hon. member of the New York Historical Society, & c., & c. Green- fieldC. J. J. Ingersoll, l2mo. pp. 127. The Lives of Jona. Edwards and Da- vid Brainard. BostonHilliard, Gray & Co., l2mo. Pp. 373. Memoir of David Harris Clark, by B. W. Barrow, Jr., late Pastorof the First

Monthly List of New Publications Monthly List of New Publications 33-40

1838.] 33 UNITED STATES MAGAZINE AND DEMOCRATIC REVIEW. MONTHLY LIST OF YEW PUBLICATIONS. ANNUALS. The Token and Atlantic Souvenir, a Christmas and New Years present, edi- ted by S. G. Goodrich. BostonAmerican Stationers Company, 8vo. The American Almanac and Reposi- tory of Useful Knowledge, for the year 1838. BostonChas. Bowen, l2mo. pp. 336. The Parlour Scrap Bookcomprising fourteen en,ravings, with poetical illus- trations. PhiladelphiaCarey, Lee & Blanchard, 4to pp. 72. The Literary Souvenir for 1838, edi- ted by Win. E. Burton. Philadelphia Carey & Hart, Svo. The Christian Keepsake and Mis- sionary Annual for 1838, edited by Rev. John A. Clark. PhiladelphiaWin. Marshall & Co., l2mo. pp. 312. The Baltimore Book, a Christmas and New Years present, edited hy XV. A. Carpenter and S. S. Arthur. Baltimore Bayley & Burns, Svo. The Western Address Directory, with Historical, Topographical and Statistical sketches, (for the year 1837,) of the prin- cipal cities and towns in the Mississippi Valley, intended as a guide to travellers. By XV. G. Lyford, Baltimore, pp. 448. The Youths Keepsake, a Christmas and new years gift, for youn~ people. BostonT. H. Carter. Philadelphia Henry Perkins, iSmo. pp. 192. The Ladies Annual Rejster and Housewifes Memorandum-Book, for VOL. I. 1838, by Caroline Gilman, with engrav- ings by Devereux. BostonT. H. Car- ter, l2mo. pp. 140. It is, in fact, a genuine Almanacnot a mere calendar of the seasons, the weather and the courts; but an Almanac embracin,, a wider sphere of information, and a greater variety ol topics. It contains original and republished poetry and prose of a very hi,,h character, principally from the editor, Mrs. Gilman. It seems to have all that is requisite to make it an a~reeabIe visiter to both young and old, in the family circle. Bowens Picture of Boston, or the Citi- zens and Stran,,ers Guide, to the Metro- polis of Massachusetts and its environs; to which is prefixed, the annals of Boston, embellished with engravin~s. Third edition improved. BostonOtis, Broad- ers & Co., lSmo. BIOGRAPHY AND MEMOIRS. A Biographical Memoir of the Rev. John Williams, first Minister of Deerfield, (Mass.,) with a slight sketch of ancient Deerfield and an account of the Indian wars in that place and vicinity, with an appendix, containing the journal of the Rev. Dr. Stephen Williams, of Long- Meadox , during his captivity, and other papers relating to the early Indian wars in Deerfield, by Stephen W. Williams, A. M., M. D., hon. member of the New York Historical Society, & c., & c. Green- fieldC. J. J. Ingersoll, l2mo. pp. 127. The Lives of Jona. Edwards and Da- vid Brainard. BostonHilliard, Gray & Co., l2mo. Pp. 373. Memoir of David Harris Clark, by B. W. Barrow, Jr., late Pastorof the First 34 Monthly List of iVew Publications. January, Free Presbyterian Church, in New York. New YorkJohn S. Taylor, l8mo. pp. 108. Memoirs of Aaron Burr, with miscel- laneous selections from his correspond- ence, by Matthew L. Davis, 2 vols. 8vo. New YorkHarper and Brothers. EDUCATION. M. Tullii Ciceronis de Claris Oratori- bus; liber qui dicitur Brutus; edited by Charles Beck, professor of Latin in Har- vard University. CambridgeJohn Owen, l8mo.pp. 145. An Elementary Treatise on Algebra, to which is added Exponential Equations and Logarithms, by Benjamin Pierce, A. M. BostonJames Monroe & Co. l2mo. pp. -276. A Complete Guide to the Art of Short- Hand, hem ~, an entirely new and compre- hensive system of representing the ele- mentary sounds of the English langua~e by characters. Prepared expressly for the use of schools and private tuition by T. Towndrow, professor and teacher of stenography. BostonPerkins & Mar- vin, and Weeks, Jordan & Co., l8mo. pp. 120. A grammar of the Spanish language, with practical exercises, in two parts, by M. Josse revised, amended, improved and enlarged by F. Sales, A. M., in- structor of French and Spanish at Har- vard University, Cambridge. Eighth edi- tion. BostonPerkins & Marvin, Chas. C. Little & Co., and James Monroe & Co., l2mo. pp. 468. Education Reform. A review of Wyse on the necessity of a National System of Education,comprising the substanceofthat work, so far as relates to common school and popular education, by B. F. Foster. New YorkWiley & Putman, 8vo. pp. 108. Specimens of American Eloquence, consisting of choice selections from the productions of the most distinguished American orators. Middletown, Ct.E. Hunt & Co., l2mo. pp. 383. HISTORY. History of Kenibebunk Port, from its first discovery, by Bartholomew Goshold., May 14, 1602, to A. D., 1837, by Chas. Bradbury. KennebunkJames R. Re- mick, l2mo. pp 301. Outlines of a History of the Court of Rome, and of the Temporal Power of the Pope, translated from the French. Phila- delphiaJoseph Weatham, l2mo. pp 328. Historical Sketch of Amhurst, in the county of Hillsborough, in N. H., from its first settlement, to the year 1837, by John Farmer, Corresponding Secretary of the New Hampshire Historical Society. Second edition, enlarged. ConcordAsa McFarland, l2mo. pp. 52. History of the Indian Tribes of North America, by T. L. McKenny and James Hall. PhiladelphiaEdward C. Biddle, An appeal from the misrepresentations of James Hall, respecting the history of Kentucky and the west, by Mann But- ler; to which is annexed a chronology of the pincipal events, as far as they could be ascertained, in the history of the western country of the United States, from the earliest Spanish and French ex- plorations, to 1806. Frankfort, Ky Albert G. Hodges, 8vo. pp. 52. Historical causes and effects, from the fall of the Roman Empire, 476, to the ~e- formation, 1517, by William Sullivan, Fellow of the American Academy of Arts and Sciences, etc. BostonJames B. Dow, l2mo. pp. 615. LAW. Goodwins Town Officer. Fourth edi- tion. Adapted to the Revised Statutes by Benjamin F. Thomas, Counsellor at Law. WorcesterDorr, Howland & Co., l2mo. Reports of Cases argued and determin- ed in the Supreme Judicial Court of the State of Maine, by John Fairfield, Coun- sellor at Law. Vol. iii. HallowellGla- sier, Masters, and Smith, 8vo. 1838.1 Monthly List of New Publications. 35 Reports of Cases argued and determin- ed in the Supreme Judicial Court of Mas- sachusetts. Vol. xvii. By Dudley At- kins Tyng, Esq., Counsellor at Law with notes and references to the English imd American Cases by Benjamin Rand, Eaq., Counsellor at Law. BostonHilli- and, Gray & Co., Svo Reports ofCases argued and determined in the Supreme Court of Errors of the State of Connecticut, prepared and published in pursuance of a statute law of the State by Thomas Day. Vol. xi. Hartford Packard & Brown, 8vo. Reports ofCases argued and determined in the Circuit Court of the United States for the first circuit, by Charles Sumner, Reporter of the Court. Vol. ii. Boston Charles C. Little & Co., Svo. Reports ofCases argued and determined in the Court of Chancery of the State of New York, by Alonzo C. Pane, Coun- sellor at Law. Vol. vi. NewYorkGold, Banks & Co., 8vo. A Treatise on Usury and Usury Laws, by John A. Bolles, Counsellor at Law. BostonJames Munroc & Co.,Svo. pp. 75. MEDICINE,ANATOMY,AND SURGERY. The Medical Student; o.r Aids to the Study of Medicine, includin a Glossary of the terms of the Science, and of the mode ofprescribin; Bibliographical No- tices of Medical Works; the Re~ ula tions of the different Medical Colleges of the Union, & c.; by Robley Dunglison, M. D., Professor of the Institutes of Me- dicine and Medical Jurisprudence in Jef- ferson Medical College, & c. & c. Phila- delphiaCarey, Lea, & Blanchard, Svo., pp. 3.23 Scarlatina; in a letter addressed to his Son; in which is contained Cases of Anina Sine Efflorescentia; Scarlatina An~ i~.osa; Benigna; M aligna vel Angi- na Ganerenosa; nnd their sequelie. Also, Observations on various Therapeutic A~,ents that have been employed in the treatment of Scarlatina, by William In- galls, M. D., M. M. S. Society, etc. Bos- tonOtis, Broaders & Co., Svo. pp. 39. Observations on the operation of Litho- tomy; illustrated by cases front the prao- tice of Professor B. W. Dudley, by James M. Bush, M.D. Lexington,(Ky,) Svo. pp. 21. MISCELLANEOUS. Brief Remarks on Dr. Channings Let- ter to Hon. Henry Clay, by a Texiasi. BostonMarsden & Kimball, l2mo. pp. 21. Confessions of a French Catholic Priest. To which are added, Warnings to the People of the United States, by the same Author. Edited by S. T. B. Morse, A. M., Professor, & c. in the University of the city of New York. New YorkJohn S. Taylor. l2mo. pp. 255. Letter to Dr. A. Brigham on Animal Magnetism; hem, an account of a re- markable interview between the Author andMiss Loraina Brackett,while in a state of Somnambulism, by William L. Stone. Third edition,\vith additions. NewYork George Dearborn & Co. Svo. pp. 75. Review of Dr. Channings Letter to Hon. Henry Clay, by a Citizen of Mas.. sachusetts. BostonW. D. Ticknor, l2mo. pp. 24. The Family Temperance Agent; con- tainin~ illustrations of the established principles of the Temperance Reforma- tion. BostonJames Loring, l~mo. The Blind made Happy. New York Scofield & Voorhies. BostonWhipple & Dantrell, ISmo. pp. 105. The Young Wife; or Duties of Woman in the Marriage Relation; by William A. Alcott, author of The Young Mo- ther, Young Mans Guide, etc. etc. Second stereotype edition. Boston-.-. George W. Light, l6mo. pp. 376. Exposition, or a New Theory of Ani-. mal Magnetism, with a Key to the Mys.. teries, demonstrated by experiments with the most celebrated Somnambulist~ in America: Also, Strictures on Colonel William L. Stones Letter to Dr. A. Monthly List of New Publications. [January, Brigham, by C. F. Durant. New York Wiley & Putnam. l6mo. pp. 225. Elements of Mental Philosophy; em- bracing the two Departments of Intellect and Sensibilities, by Thomas C. Upham, Professor of Moral Philosophy in Bow- doin Colle~,e. Second edition. Portland William Hyde, 2 vols. Svo. pp. 461 and 468. Typographia; a brief sketch of the origin, use, and progress of the Typo- graphic Art, with precise directions for conducting every department in an Office; by Thomas F. Adams, Typographer. PhiladelphiaPublished by the Com- piler, l2mo. pp. 37~2. Wild Flowers, culled for early Youth, by a Lady. New YorkJohn S. Taylor, l2mo. pp. 257. Alnomuc; or the Golden Rule. Bos- tonWeeks, Jordan & Co. iSmo. pp. 144. Thc Young Mans Evening Book. New YorkCharles S. Francis. BostonJo- seph H. Francis, iSmo. pp. 336. The Discussion; or the Character, Edu- cation, Prero,,atives, and Moral Influence of X~Tman. BostonCharles C. Little & Co., ldwio. pp. 288. A Love Token for Children; designed for Sunday School Libraries; by the Author of The Linwoods, Live and Let Live, etc. etc. New YorkHarper and Brothers, ISmo. pp. 142. Selections from the Court Reports ori- ginally published in the Boston Morning Post, from 1834 to 1837. Arranged and revised by the Reporter of the Post. Bos- tonOtis, Broaders & Co., iSmo. Messrs. Charles C. Little & Co., pro- pose publishing A Digest or Abridge- ment of the American La-ic of Real Estate. The proposed work is designed to occupy the same place in American law that the valuable work of Mr. Cruise holds in the English law. It is now in course of pre- paration, by Francis Hilliard, Esq., and portions ~f it are nearly ready for the press. It will be complete in two Svo. volumes of from 500 to 700 pages each. George Dearborn & Co., New York, have in press a Translation of De Toc- quevilles Democracy in America; which will shortly be published. James H. Lanman, Esq., of Detroit, pro- poses to publish a History of Michigan. The followin, extract is from his plan of the work I shall give a general chro- nolo0ical history of New France, within whose limits the settled portion of Michi- gan was embraced, down to the coloniza- tion of Detroit, and thence the progress of the State in a condensed form to the pre- sent time. It will contain an account of the early Catholic missionary establish- ments, the fur trade, the Indian, French, British and American wars; the consti- tutional chan ~ es of the States, its growth, the character of the soil in the different sections, the topography, its commerce, population, and general statistics. Mr. L. is now engaged in preparing the work. AMERICAN EDITION OF FOREIGN WORKS. Memoirs of the Life of Sir Walter Scott, Bart., by J. G. Lockhart. Philadel- phiaCarey, Lea, & Blanchard. The same. BostonOtis, Broaders & Co., l2mo. This edition is uniform with Parkers duodecimo Boston edition of the Waverly Novels, which surpasses in neatness and convenience any other American republi- cation of the works of Scott. The Duke of Monmouth, by the author of the Collegians. PhiladelphiaE. L. Carey and A. Hart, 2 vols. l2mo. The old Commodore, by the author of Ratlin the Reefer. PhiladelphiaCarey, Lea & Blanchard, 2 vols. l2mo. Rory OMore; a National Romance; by Samuel Lover, Esq. Philadelphia Carey, Lea, & Blanchard, 2 vols. l2mo. Ernest Maltravers, by the author of~ Pelham, Eugene Aram, Ricozi, etc., etc. New YorkHarper and Brothers, 2 vols. l2mo. 37 1838.] Monthly List of New Publications. The Good Fellow, by Paul De Kock, translated from the French, by a Phila- delphian. PhiladelphiaCarey and Hart, 2 vols. 12mo. The History of Rome. Philadelphia Carey, Lea, and Blanchard, 8vo. pp.496. Fielding or SocietyAtticus, or the Retired Statesman, and St. Lawrence, by the author of Tremaine and De Vere. PhiladelphiaCarey & Hart, 3 vls. l2mo. Conspiracy ofthe Spaniards against the Republic of Venice in 1618Translated from the French of the Abbd St. Rene, BostonOtis, Broaders & Co. l8mo. NEW WORKS PUBLISHED IN LONDON TO THE LATEST DATE.. The Poetical Works of Robert Southey, L. L. D., vol. i., containing Joan of Arc, 8vo. History of the Landed Gentry, vol. ii. The Childs Fairy Library, series 1st. The Protestant Missions Vindica- ted, by the Rev. J. Hou~h, Svo. Ship- mans Attorneys New Pocket Book, 1mo. Richardsons Fanna Americana, part IV. (being Kirby on Insects) 4to. ENGLISH WORKS IN PRESS. From a hasty glance at the late English Periodicals, we gather the following list of works in press Athens and Sparta, their private manners and public institu- tions, by Mr. St. JohnA History of English Literature, by DIsraeli the elder. The Life of Admiral Howe, by Sir John Barrow. Memoirs of the Life ofWilliam Wilberforce; by his sons. Essays on Natural History; by C. Waterton, of Walton Hall. Life of Edward, First Earl of Clarendon, by T. H. Lister. Rural Life in England, by W. Howitt. A continuation of the Home Tour, by Sir George Head. The Poetical Works of Thomas Campbell, uniform with Rogers Poems. Remains of the late Lord Roys- ton, with a memoir, by the Rev. H. Pepys. The Librarian Sytem of Rocks, by R. J. Murchison. Memoirs of the Court of George IV. Portraitures of his cotempo- raries, by Henry L. Bulwer. A year in South America, by the Hon. P. C. Scar- lett. The Fangui in China, by a late resident. Woman and her master, by Lady Morgan, etc., etc. etc. POLITICS AND POLITICAL ECONOMY. Principles of Political Economypart the firstof the laws of the production and division of wealth, by H. C. Carey, author of An Essay on the Rates of Waaes. PhiladelphiaCarey, Lea, & Blanchard, 8vo. pp. 342. Elements of Political Economy, by Francis Wayland, D. D. Boston, Gould, Kerdal, and Lincoln, 8vo. Speech of Henry Clay, of Kentucky, on the bill imposing additional duties, as depositories, in certain cases, on public officers. Sept. 25th, 1837. Boston, Ben jamin H. Green, 8vo. pp. 19. Remarks of Mr. Biddle of Pennsylva- nia, on the bill to postpone the fourth in- stalment, payable under the deposite act. delivered in the House of Representatives, September, 1837. Washington. Speech ofMr. Rives, of Virginia, in sup- port of the bill introduced by him, desig- nating the funds receivable in payment, of the public revenue, and in opposition to the Sub-Treasury scheme. Delivered in the Senate of the United States, Sep- tember 19, 1837. Washington. Remarks of Mr. Calhoun on the bill authorizing an issue of Treasury notes. Delivered in the Senate of the United States, September 19, 1837. Washing- ton. Speech of Mr. Jones, of Virginia, on the bill to postpone the fourth instalment of deposite with the States. Delivered in the House of Representatives of the Uni- ted States; September 20, 1837. Speech of Mr. Niles, of Connecticut, on the bill imposing additional duties, as de- positories in certain cases, on public offi- cers. Delivered in the Senate ofthe United States, September, 20 1837. Washing- ton. Speech of Mr. Smith, of Indiana, on the Sub-Treasury system. Delivered in in the Senate of the United States, Sep- tember 21, 1837. Washington. Monthly List of New Publications. [January, Speech of Mr. Strange, of North Caro- lina, in Senate, September 21, 1837, on the bill imposing additional duties on certain officers, as depositories in certain cases. Mr. Calhouns amendment being under consideration. Speech of Mr. Benton, of Missouri, on Mr. Calhouns amendment to the bill, to provide for the collection, keeping and disbursement of the public moneys, with- out the agency of banks. Delivered in the United States Senate, September 22, 1837. Washington. Speech of Mr. Thompson, ofSouth Car- olina, on the bill to postpone the payment to the States of the fourth instalment of the surplus revenue. Delivered in the House of Representatives, September, 23, 1837. Speech of Mr. King, of Georgia, on the bill imposing additional duties as deposi- tories in certain cases, on public officers. Delivered in the Senate of the United States, September 23, 1837. Washington. Speech of. Mr. Cushing, on the Mes- sage ofthe President of the United States, at the opening of the twenty-fifth Con- gress. Delivered in the House of Repre- sentatives, September 25, 1837. Wash- ington. Speech of Mr. Fillmore, of New York, on the bill to postpone the payment of the fourth instalment of the surplus reve- nue to the States. Delivered in the House of Representatives, September the 25, 1837. Washington. Speech of Henry Clay, of Kentucky, on the bill imposing additional duties, as depositories, in certain cases, on public officers. Delivered in the United States Senate, September25, 1837. Washington. Speech of Mr. Garland, of Virginia, in opposition to the Sub-Treasury scheme, Delivered in the House of Representatives. September25, 1837. Washington. Speech of Mr. Bouldin on the bill to authorize the issue of Treasury notes. Delivered in the House of Representa- tives, September 26, 1837. Washington. Speech of Mr. Sergeant, of Pennsylva- nia, on the resolution reported from the Committee of Ways and Means, declar- ing it inexpedient to charter a National Bank. Delivered in the House of Repro.. sentatives, September 26, 1837, and dur- in~ the morning hour of two other days. Washington. Speech of Mr. Walker, of Mississippi, in Senate, September 27, 1837, on the bill for the collection, safe keeping, and dis- bursement of the Public Moneys. Wash- ington. Speech of Mr. Menefee, of Kentucky, on the bill proposing to withhold from the States the fourth instalment of the Sur- plus Revenue, directed to be transferred by the act of June 23, 1836. Delivered in the House of Representatives, of the United States, September, 27, 1837. Washington. Speech of Mr Hubbard, on the bill im- posing additional duties, as depositories in certain csses, on public officers. De- livered in the United States Senate, Sep- tember, 28, 1837. Washington. Mr. Websters Speech on the Currency, and the new place for collecting and keep- ing the Public Moneys. Delivered in the Senate of the United States, September 28,1837. Washington. Speech of Mr. R. Barnwell Rhett on the Bill authorizing an issue of Treasury Notes. Delivered in the House of Repre- sentatives, September 29, 1837. Wash- ington. Speech of Mr. Buchanan, on the Bill imposing additional duties, as deposito- ries in certain cases, on Public Officers. Delivered in the Senate of the United States, September 29, 1837. Washing- ton. Speech of Mr. Brown, on the Bill im- posing additional duties, as depositories in certain cases on Public Officers. De- livered in the United States Senate, Sep- tember 30, 1837. Washington. Speech of Mr. Wright, of New York, in Senate, October 2,1837. The Bill re- ported by the Committee on Finance, im- posing additional duties as depositories of the Public Money, upon certain Public lie Officers, and the amendment thereto, offered by Mr. Calhoun, to prescribe the Currency to be received in payment of the public dues, being under considera- tion. Speech of Mr. John C. Calhoun on his amendment to separate the Government P338.1 Monthly List of New Publications. 39 from the Banks. Delivered in the Senate of the United States, October 3, 1837. Washington. Remarks of Mr. F. W. Pickens on the separation of the Government from all Banks. Delivered in the House of Re- presentatives, October 10,1837. Wash- ington. Speech of Mr. Clay, of Alabama, on tbe Bill imposing additional duties as depo- positories, in certain cases, on Public Of- llcers. Delivered in the United Senate, October 4, 1837. Washington. Speech of Mr. Legare, of South Caro- lina, on the Bill of imposing additional duties as depositories in certain cases, on Public Officers. Delivered in the House of Representatives, October 1837. Wash- Ington. Speech of Mr. Robertson on the Bill imposing additional duties as depositories, in certain cases, on Public Officers. De- livered in the House of Representatives, October 11, 1837. Washington. Remarks of Mr. Haynes, of Georgia, on the Bill imposing additional duties, as depositories in certain cases, on Public Officers. Delivered in the House of Re- presentatives, October 12, 1837. Wash- ington. Speech ot;Mr. Moore, of New York, on the Bill imposing additional duties, as de- positories in certain cases, on Public Offi- cers. Delivered in the House of Repre- sentatives, October 13, 1837. Washing- ton. Speech of Mr. William Cost Johnson, of Maryland, on the Sub - Treasury Scheme, entitled a bill imposing addi- tional duties, as depositories in certain cases, on Public Officers. Delivered in the House of Representatives, October 12, 1837. Washington. Speech of Mr. Cambreleng on the Bill imposing additional duties, as deposito- ries in certain cases, on Public Officers. Delivered in the House of Representatives, October 13, 1837. Washington. POETRY AND THE DRAMA. Poems, by William Thompson Bacon. BostonWeeks, Jordan & Co. l2mo. pp. 134. by a citizen of the West. New York George Dearborn & Co., l2mo. pp. 246. Poems, by Isaac C. Pray, jr. Boston Weeks, Jordan & Co., Svo. pp. 72. Reviewers Reviewed; a Satire, by the author of Pelayo. New Yorkprinted for the author. Advent, a mystery; by Arthur Cleve- land Cox. New YorkJohn S. Taylor, Svo. AMERICAN WORKS IN PRESS. History of the reign of Ferdinand and Isabella The Catholics of Spain, by Win. H. Prescott, Esq., of Boston. This work, on which the author has been employed for ten years, will exhibit the important revolutions which took place in the Spanish monarchy, in the. 15th and 16th centuriesthe establish- ment of the Inquisitionthe conquest of Grenadathe expulsion of the Jewsthe conquest of Naplesthe discovery and colonization of AmericaDomestic insti- lutions of Castile and Aragon. It will be comprised in 3 vols. 8vo., and will be embellished with portraits in steal, of Ferdinand, Isabella, and Columbus. De Wettes Introdeection to the Old Tes- tament.Crocker & Brewster, Boston, will shortly publish, a translation of De Wetts Introduction to the Old Testament. This work has met with a very favorable reception in Germany, having in a short time reached four. editionsfrom the last of which the present translntion*as been made by Mr. Theodore Parker, of th& Divinity school, Cambridge. ~arlyles History of the Frencli. Revolu.- tionEditedby Rev. Ralph Waldo Emer- son. This edition is published for the benefit of its author, Thomas Carlisle, better known to us as the author of Sart or Resartus, or the Philosophy of Clothes, an ingenius work, to say the least. It will be published in two l2mo. volumes of from 400 to 500 pages each, by Charles C. Little& Co., Boston. NOVELS AND TALES. Pochahontas, a historical drama, in five The Scourge of the Ocean; a Story of acts, with an introductory essay and notes, the Atlantic, by an officer of the United 40 Monthly List of New Publications. [January, States Navy. PhiladelphiaEL. Carey, Barnard. AlbanyHoffman & White, & A. Hart, 2 vols. l2mo. pp.212 and 219. Svo. pp. 56. Pencil Sketches, or Outlines of Char- acter and Manners, by Miss Leslie, 3d series. Philadelphia-Carey Lea & Blan- chard, l2mo. pp. 283. Old Ironsides, (first part,) the Story of a Shipwreck. BostonB. B. Murray. iSmo. pp. 144. The Hawk Chief; a tale of the Indian Country, by John T. Irving, jr. Phi- ladelphiaCarey, Lea & Blanchard, 2 vols. l2mo. pp. 246 and 254. Tales from the German, by Nathaniel Greene. BostonAmerican Stationers Company, 2 v6ls. 12mo. The Clock Maker, or Sayings and Do- ings of Samuel Slick of Slickville. Phi- adelphiaCarey, Lea & Blanchard, 12 mo. pp. 218. NEW PERIODICALS. The Boston Review, edited by Rev. 0. A. Brownson; Quarterly. Boston Benj. V. Greene, Svo. The Southern Rose, edited by Mrs. Caroline Gilman, author of Recollections of a Housekeeper, Ladys Annual Re- gister, etc. etc. Charleston, S. CJames S. Burges. BostonWin. Crosby, new series, 8vo. pp. 16, semi-monthly. The Louisville Journal of Medicine and Surgery, edited by Lunisford & Yan- dell, M. D., Professor of Materia Medica in the Louisville Medical Institute, and Henry Miller, M. D., Professor of Ab- stetrics, etc., and Theodore J. Bell, M. D. Louisville, Ky.Prentice & Weis- senger, quarterly, Svo. pp. 250. ORATIONS AND ADDRESSES~ An Oration delivered before the Phi- Beta-Kappa Society, at Cambridge, Aug. 31, 1837, by Ralph Waldo Emerson. Published by request. BostonJames Munroe & Co., Svo. pp. 26. A Discourse pronounced at Schenecta- dy, before the New York Alpha, of the Phi-Beta-Kappa, July 25, 1837, by D.D. An Address delivered in Columbia College Chapel, at the Alumni Anniver- sary, October 4,1837, by John MeVi- char, D. D., Professor of Moral Philoso- phy, Columbia College. New York G. & C. Carville & Co., 8vo. An Address delivered before the Lite- rary Societies of the University of Ver- mont, Aug. 2, 1837, by George G. In- gersoll, and published at their request. Burlin,~tonHiram Johnson & Co., 8vo. pp. 46. An Address delivered before the Whig and Clisophic Societies of the College of New Jersey, Sept. 26, 1837, by Samuel L. Southard, L. L. D. PrincetonRobt. E. Homer. Svo. pp. 50. The Treaties between the United States of America and the several In- dian tribes, from 1778 ; carefully revised and corrected, with a copious analytical index, extending to nearly one hundred pagesand showing the place, date of holding, commissioners, and subjects of each Treaty; together with a complete digest of all the matters, personal and public, embraced in these complicated ne- gotiations. The whole forming, it is be- lieved, one of the most complete and valuable public works in the country; and indispensable to all havin,, le,al busi- ness or public relations with the Indians, or having an interest in the vast tracts of land ceded by them to the United States. The whole has been published under the immediate care and superintendence of C. A. Harris, Esq., the present able and active Commissioner of Indian Af- fairs. WashingtonLangtree & OSulli van, pp. 782. A Table of the Post Offices in the Uni~ ted States, on the fifteenth of July, 1837~ Arranged in Alphabetical order, exhibit.. ing the States and Counties in which they are situatedthe names of Postmasters and the distance of each office, from the capital of the United States, and the State capitals respectively. Washington Langtree & OSullivan, pp. 192.

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The United States Democratic review. / Volume 4, Issue 2 United States magazine, and Democratic review Democratic review United States review J.& H.G. Langley, etc. New York, etc. Feb 1838 0004 002
The Extra Session. The House of Representatives 41-59

THC MONT lILY HISTORICAL_REGISTER. FrnIRUARV1838. THE EXTRA SESSION. (Continued from page 32.) THE HOUSE OF REPRESENTA TIVES. The Senate having maintained a con- ~iderable distance in advance of the House, in the despatch of business, d - s-inn the whole Session, all the important bills had their origin and first discussion in the former body. It will, therefore, be sinnecessary for us, in exhibiting a com- pendious general view ofthe history of the Extra Session in the House, to repeat the same arguments on the opposite sides of the several measures, of which a sufficient account has been already given. The debates in the Senate were so full and powerful, as to have left but little to be added by the numerous speakers in the lower House, who afterwards, in discus- sin~ the same subjects, had only to travel over the same general grounds. The de- bates in the latter body also were signally distinguished for their eloquen e and force; though those acquainted with its constitution will not be surprised by the remark, that all the countless speeches made, when analysed down to their sub- stantial points of argument, present merely a repetition, indefinitely multiplied, and diversified with brilliant and vehe- ment tirades of party declamation, of the arguments first adduced by the earliest speakers. There was an unusual anue- her of new members at the present Ses- sion, chiefly young men, replete with ar- dor and high party excitement, stimula ted by the extraordinary character of the times. Such elements it was impossible to restrain, and accordingly the House was delu ed with a flood of debate, of a very desultory character, of which, how- ever eloquent and elegant in so many cases, it is manifestly impossible to take any more particular notice within our present limits.* As in the Senate, the Standing Com- mittees were appointed as usual, though tl~at of Ways and Means, (Messrs. Cam- breleng, McKim, Owens, Sergeant, Ha- mer Jones, ofVa., Fletcher, ofiMlass., Ath- erton and Rhett),that on the Judi- ciary (Messrs. Thomas, Robertson, Tou- cey, Martin, Corwin, Bynum, Garland, of Va., Hoffman, and Potter), and that on Elections (Messrs. Buchanan, Griffin, Hawkins, Kil ore, Maury, Towns, Bron- son, Pennybacker, and Hastings) are the only ones which it is material to enu- merate. The House was not fully or- ganized for business, by the appointment of the Committees, till the 11th Sept., be- ing thus four days behind the Senate. A resolution was adopted on the same day, not without considerable opposition, to to the effect that all other business than the special matters embraced in the Pre- sidents Message, should be postponed till the next Session. The Committee of Ways and Means was prompt to make up for the time al- ready lost by the House; and within the *No.rz.Among the many speeches, on both sides, thus remarkably distinguished, it will not be deemed invidious to specify one, to which the common tribute was paid from all opinions, that it was at least not surpassed by any other, whether of the present Session, or within the re- collection of any of the hearers, for its rich, forcible, poetic, and scholar-like ele,,ance of style,we refer to that of Mr. Legare, of Charleston, S. C., on the Divorce Bill, Oct. t3th. Mr. Legare on this occasion occupied the Conservative position, with respectto the question ~t issue; and certainly, to those upon whose minds it produced no other effect than an irresisti- ble admiration of the genius of the orator, no more decisive argument against the soundness ot any position could be desired, than the failure of so brilliant and powerful an effort of elo- quence, to maintain it Si Pergama dextra Defendi posseat, etiam hac defensa fuissexit. VOL. I. NO. Ill. 42 77w Extra Se8sion. [February, course of the week reported its proposed system of measures ,bein~ substantially the same as that brought forward by the Committee on Finance of the Senate. Mr. Carnbrelen~ reported the bills in the fol- lowin~ order: On Tuesday, the Fourth Instalment Postponement Bill. On Wednesday, the Treasury Notes Bill. On Thursday, the Merchants Bonds Extension Bill. On Friday, the Divorce Bill, nd the Deposite Bank Settlement Bill. And, finally, on Monday, the Ware- housing System Bill, and the District Currency Bill. As these several hills were regarded as constitutin~ one general system of policy, the House waited until they were all spread before it before commencing any di- rect action upon any of them, producing of course the effect of a continued post- ponement of the main business of the Session, viz: the discussion and le~islation upon the financial policy laid before the country by the Message of the Presi- dent. The week was occupied with several resolutions of inquiry, addressed to the Executive departments, chiefly in relation to the financial affairs of the country; and certain resolutions of inquiry in relation to Mexico nnd Texas, and the North Eastern Boundary question, which were introduced by Mr. Adams (see page 56); and the whole of Wednesday was consumed in an animated debate, on the subject of Texas, to which they gave rise. Thursday and Friday were devo- ted to the business of amending the Rules and Orders of the House; after which it adjourned over to Monday. Within this week several skirmishing encounters of the parties took place, but the campai,,n of the Session could scarcely be said to be yet opened; though there was every indication of a high and earnest spirit on both sides, and members were zealously engaged in preparing for the great struggle of debate which was at hand. With respect to the relative posi- tions of the parties, our formerremarks on that subject, (see pages 19, 20) leave little to be added here. The several rounds occupied by them were substantially the same as have been described in refer- ence to the Senate; the only difference being, that the third, or the Conservative, party occupied a more important position, as holdingthe balance of numerical power between the two main bodies, than in the Senatethe Administration majority be- ing relatively much more decisive in the hitter body than in the House. Great exultation prevailed in the Opposition, on the defeat of the Administration, by their agency, on the election of printer. (See page 11.) Both parties looked to their course with much anxiety; and no efforts were spared, throu~h the press and through private influence, to give a de- cided direction to their present equivocal and uncertain attitude. They were isv- gently invited by the Oppositida to come over openly and fully, and by turns taunted, as being already regarded as de- serters by their former friends, and lauded as devoted patriots, who sacrificed their party on the altar of their country. The Administration may be said to have awaited in a calm and determined silence, their decision. There can be no doubt that their position was one of great em- barrassinent. It was apparent, that as a whole the Democratic p arty, in very large majority, went fully, and with a very zealous spirit, with the Administra- tion, in its financial policy. The decisive committal against a National Bank, re- sulting out of the general history of the past eight years, presented an insuperable barrier against a complete alliance with the Whias; while the invitations and eulogies of the latter were equally suspi- cious and dan~erous. The general view of their position taken by the leading members of the Democratic party was, that those of them whose course was dic- tated by an honest timidity, arising out of misapprehension of the designs of the Administration and of the tendency of its policy, would soon yield their over-cau- tious scruples to the strong tide of argu- ment which was setting in favor of that policy, and to the evident decision of the will of the majority of theirparty; while, on the other hand, the return of those whose motives had their origin in a less worthy source of personal interests, and subjection to the power of the bankin, in- fluence (and the presence of both these classes was recognized in the Conserva- tive ranks) was as little to be expected as desired. It was not long before it be- came apparent, that, as a body, the ef- forts ofthe Whig Opposition to gain over this important accession, were fruitless; and the language in which they were spoken of was accordingly soon changed to one of scorn, for their pusillanimity, and subserviency to party influence; while the impression grew stronger from day to day that, before the close ofthe Session, the whole scheme of policy of the Adminis- tration would be carried successfully through both Houses. How far such anticipations were verified remains to be seen. FOURTH iNSTALMENT POSTPONEMENT BILL. ii. a. It has been seen that the main debate of the Session, in the Senate, took place on I 1S38. I Fourth Instalment Postponement Bill. Ii. R. 43 the Divorce Bill, after several of the other bills had been already passed; while most of the rest were taken up and deepatched, with comparatively little debate, at inter- vals during its progress, by informally suspending the general orders of the day. In the House, it was rather on the Fourth Instalment Postponement Bill that the principal struggle took place, most of the re~ular speeches having been delivered in Committee of the Whole on this bill thou,, h there was also much earnest and powerful debating on the other portions of the general scheme of measur~a, as they successively came up. The bill was taken up on Monday, the 19th Septemberit being the one which had been received from the Senate on the preceding Friday, and reported without amendment by the Committee of Ways and Means, as being identical with their own bill,and was not disposed of tillthe 29th inst. The speakers by whom the de- bate was conducted, were: in favor, Messrs. Atherton, Bouldin, Cambrel- eng, Cushman, Duncan, Fairfield, Fo er, Fry, Garland, of Va., Gholson, Gray, Hamer, Jiolsey, Jones, of Va., Martin, Mcffim, Parker, Patton, Pickens, Smith, Taylor, Towns, and Toucey,and in op- position, Messrs. Adams, Bell, Bid- die, Bond, Briggs, Chambers, of Ky., Cushin,r Dawson, Ewing, Fillmore, Graves, Haistead, Jenifer, Loomis, of 0., Johnson, of Md., Menefee, Mercer, Phillips, Pope, Rariden, Reacher, Rhett, Robertson, Shepard (Charles), Sibley, Thompson, Tillinghast, Underwood Williams, and Wise. The respective lines of argument pur- sued by the opponents and friends of the bill were substantially the same as in the Senate, of which a sufficient account has already been given. The opposition to the postponement was perhaps somewhat more strenuously urged, and the debating took a very wide range of general party attack and defence. In the earlier part of the debate, a complicated contest of fi,,ures and facts took place, it being insisted on by several gentlemen, and especially by Mr. Bell, that there was really no defi- cit of funds in the Treasury, but a sur- plus, varying in amount, according to the arithmetic of the calculators, up to twen- ty-four millions! Several of the friends of the bill presented statements exhibiting, in various modes of calculation, such a condition of the Treasury as made this bill, and the bill for the issue of Treasury Notes, indispensable to enable the Go- vernment to go on. Mr. Cambrelengs statement with the results of which the others agreed, exhibited not more than two millions ofavailable funds in the Treasury on the first of October, and a probable defi cit of nine millions of the means required for the operations of the Government during the ensuin~ quarter of the year. A statement exhibited by the Treasury Dept, in obedience to a resolution of inquiry of Mr. Bell, exhibited a balance of unexpended appropriations of twenty- four millions. It was urged naniast the bill, that the necessity of its adoption should be obviated by curtailing these ex- penditures. It was replied, that an unex- pended appropriation was not necessarily so much available money in the Treasury~ that if they were all repealed it would not add a dollar to the funds on hand; that the estimates had already been made that fifteen millions of the outstanding ap- propriations might be postponed without detriment to the public interests, and that the estimates of the Secretary, which as- sumed an expeaditur~ of nine millions during the ensuing quarter, were based on that presumption of the postponement of these fifteen millions. The conclusion was established beyond the reach of question, that there were no other possible eases of making the deposite of the Fourth Instalment, but by the creation of a debt for that purpose. A great deal of severe invective against the late Administration was indulged in, during the course of this debate, on the ground of the vast increase of public ex- penditures which had taken place under it, instead of the reduction which it had promised the country. It did not, how- ever, want able defenders. Of the appro- priations of the last year (thirty-eight millions,) it was shewn that not more than between seventeen and ei nhteen millions were for ordinary purposes, twenty mil- lions and a half being appropriated for extraordinary objects, among which thirteen and half were required for the In- dian wars and treaties. Mr. Pickens, whose position and course in the House, in the support which he now gave to the policy of the Adminis- tration, were in many respects analogous to that of Mr. Calhoun in the Senate, in- troduced, early in the debate, an amend- ment designed to unite the views of both sides of the House; which was, to make the postponement to the first day of January, 1839, instead of being indefi- nite, by which time it would be seen whether it should he indefinite or not. During the progress of the debate, very urgent appeals were made to the House by Mr. Cambreleng to expedite the busi- ness before it; and on Monday, Sept. 25th, the attempt was made to arrest the torrent of discussion threatened by the minority opposed to the bill, and to carry it through the Committee of the Whole, by the ex- pedientof sitting itout throughthe night, The Eztra Se~sion~ and thus forcing the body to a vote.* It failed, however, after having been main- tained till one oclock in the mornin5,vhe motion to rise (which had been made and lost seven times durii the course of the evening) being at last carried by the vote of 90 to 89. Mr. Adams, at a late hour of this even- ing, introduced an amendment to the an admeut of Mr~ Pickens, the object of which was to appropriate all the moneys now due from the deposite beaks, andthe snstabnent of debt due from the United States Bank, and to pledge the public faith, for the positive payment of the In- stalatent at that date, viz. January 1st, 1839. This amendment was, however, lost, by a vote taken on the following day, (ayes 89, noes 104), as was. also that of Mr. Pickens, (ayes 65, noes not counted). A substitate amendment, offered by Mr. Underwood, to the effect that the Instal- ment should be paid by sellin0 the debt due from the United States Bank, to make up the deficiency ofthe funds now on depo- site with the banks, was also lost, (ayes 81, noes 104). And thus finally the bill was reported from the Committee of the Whole to the House, without eadment, on Tuesday, Sept. 26th. The debate was continued, however, through Wednesday and Thursday, when it was closed by the motion for the Previous ().uestion, by Mr. Cushman, which was stistained by the vote of yeas 123, nays 102. (See Table, No. 3.) The question on the third reading of the bill, then passed in the affirmative, by the vote of yeas 119, nays 117. (See Table, No. 4.) But the question was not yet * Nor~.It is here proper to explain, for the benefit of readers not familiar with the me~ thods of procedure ofihe House,. that, by a form of parliamentary fiction, it is accustomed to convert i elf; as a body, into a Committee, termed the Committee of the Whole on the State of the Union. On these occasions the Speaker vacates the Chair, which is then occupied by any other member to whom he resigns it. Sach an artificial distinction is presumed exist between the body sitting as the House, and the same body sitting as the Committee of the Whole, that, for instaace, it is not permitted by the Rules, as in order, to allude in the one to what passed in debate in the other; and no recordis kept on the journal of the House of the proceed ~,s thus bad in Committee. The body may at any time convert itself from the one form into the other and on the rising of the Committee and the resumption of the Chair by the Speaker, the temporary Chairman, standing in front of him., reports to him and the House either the amendments, to the bill under con ideration, proposed by the Commit. tee, or that the Committee has had it in considerationwithout arriving at any resolution thereon, as the ease may be. A much greater latitude of debate is usually considered as admissi- ble in Committee than in the House; amendments adopted by the former have to pass again under the action of the latter, to be rejected or concurred in, and those which have been re- jected in the Committee may be brought forward again in the House. The votes given in Committee are not taken and recorded by Yeas and Nays, as is the case in the House, on the demand of one-fifth of the members present. The most important point in this technical ar- tifice of form, is, that the Previous Questionthe operation of which, in the House, when seconded by a majority, is to arrest further debate, and to bring up a fin I vote on the main question, without regard to any proposed amendments which may be pendingcannot be put in Committee; so that in the latter every proposed amendment must be voted on, and de- bate must have exhausted itself before the subject under consideration can proceed to any of the further stages of legislative action. The effect of this has sometimes been extremely inconvenient, in thus placing the action of the body, especially on time eve- of the close of a Session, under the control of a minority, however small, who may determine to talk against timea familiar and easy task to so many of our speakers; and the only mode in which, when this privilege of debate appears to be abused, it can be counteracted, is that referred to here (though rarely to be practised with success) of forcing the minority to the vote in Com- mittee by sitting all night, and refusing to rise. iThe House can at any time resolve i elf into Committee of the Whole on any specific subject, which is usually done upon all bills and all matters of importance on which debate is expected. It is sometimes, however, an object, on the part of a majority, to refuse thus to go into Committee, when it is anxious to expedite the course of business, and is unwilling to trust the control of it beyond its own power. Something analogous to this practice (which was adopted from the example of the British House of Commons) exists in most large legislative bodies. In the Senate it does not exist. This explanation has been deemed necessary, to make our history intelligible to all,as many persons are confused by this artificial complication of form, so as not to imderstand the proper bearings of different proceedings. [February~ ~S38. I Fourth Instatiment Postponement Bill. HR. finally disposed of. A motion for recon- sideration was made immediately after the vote, by Mr. Pickens, for the Pu ose of obtaining a vote of the House on his amendment, which had been rejected in Committee of the Whole. In this speech on the subject, he ur~ed, among other to- pics, as a reason for the postponement, that, without it, the Secretary of the Treasury would be compelled to execute the terms of the deposite act and recall the three first instalmentsthe operation of which would be hi~hly injurious and op- pressive. The following day was devo- ted till a late hour to debating and voting on this question. The motion to recon- sider prevailed, (Mr. Cambreleng havin0 arrested the debate upon it by the Previ- ous Q.uestion), by the vote of yeas 149, nays 81. (See Table, No. 5.) Mr. Adams then aaain submitted his former amendment to the a. mendment which had been rejected in Committee of the Whole; it was a a in rejected, by yeas 94, nays 136. (See Table, No. *3.) A motion to lay the bill on the table, made by Mr. Williams, of N. C., was then negatived, by yeas 100, nays 132, (See Table, No. 7.) Mr. Bell then submitted a motion to recommit the bill to the Committee of the Whole, with in- structions to amend it to the following effect: that the payment be postponed till Oct. 1st, 1840, the moneys now on deposite in banks being appropriated to it, and that the Secretary of the Treasury be required to te der to the States at once drafts ox orders on these depositories, in payment of their respective proportions; The condition being added to their accept- ance by the States, that the banks, on which drawn, shall be required to make the payments inthree annual instalments, on the first of Oct. 1838, 39, and 40, pay- ing interest meanwhile to the States at rate of 5 per cent. per annum. This mo- tion was also negatived, yeas 65, nays 148. (See Table, No. 8.) A similar motion by Mr. Phillips, to recommit the bill, with instructions to the effect that Treasury notes, bearing 5 per cent. in- terest~ should be issued, to supply the bal- ance payable over and above the amount of drafts on the banks that might be ac- cepted by the St~ tes, was also negatived, without the yeas and nays; as was also an amendment, by Mr. Harlan, to the amendment of Mr. Pickens, pled ing the public faith that no farther postponement should be made. The amendment of Mr. Pickens then came up, and was adopted by yeas 130, nays 99. (See Table, No. 9.) Mr. Mason, of Va., then moved an amend- nient which he had submitted in Commit- ~tee of the Whole, to the effect of repealing the deposite act of 1836, so far as related to the Fourth Instalment; this, however, as well as sonic other amendments offered~ was cut of by a motion for the Previous Question, by Mr. Haynes, who remark- ed, at the same time, that he was in fa- vor of Mr. Masons amendment, as con- .,onant with the principles of his native State, but that no other mode remained of closin a this already too protracted debate. The motion for the Previous Question be- in~ sustained by the House, the main question was finally put and decided in the affirmative, by yeas 118, nay 106. (See Table, No. 10.) But even still all the impediments to the final consummation of this closely dispu- ted bill were not yet overcome. The bill being ordered to a third readin~ to-day was, accordin~iy, read the third time, when another question remained to be taken, on its passage; when Mr. Garland, of La., interposed a motion to po pone it till 3d October, advocatin~ his moion on the ground, that he did not wish the deposite banks in his State to be left at the mercy of the Secretary of the Treasury, and that lie therefore wished to defer this bill till that for the settlement with the deposite banks was disposed of; and it should he ascertained what terms were to be extend- ed them. To this Mr. Cambrelen re- plied, that he was disposed to deal as oen~ erously with those institutions as circum- stances would admit, for the sake of the people indebted to them. This was de- signated by Mr. Dawson and Mr. Ma- son, of Va., as a bar,~ain between the two partses,a promise of favorable terms to the banks (those in the south-west having the bulk of the public deposites) bein~ obtained on the one side, as the condition for the passage of the bill. Mr. Gholson supported the motion to postpone, being unwillin ~ to let this bill pass out of the reach of the House, till its action could be had upon the other; insisting strongly on the right ofthe deposite banks to favorable terms, both because they had received the public funds inpaper, which, having since depreciated, it would be unjust to require back in money at par, on any other than very easy terms of time; because all the debtors to the Government were equally entitled to relief; if extended to any; and because the interests of the people indebt- ed to these institutions were so deeply involved in the question. The motion to postpone was, however, disagreed to; as was also a motion to adjourn, by Mr. Chambers, of Ky.; and at last, by means of the Previous Question, (moved by Mr. McKim,) the bill was carried through its last stage, at eleven oclock, P. M., being p ssed, with its amendment, (which, as has been seen before, was concurred in by the Senate,) on the 29th September. 45 The Extra Sessian~ TREASURY NOTES BILL. H. a. This was the next of the bills taken up in the House, September 30th. Mr. Cambreleng at first moved to take up the Senate bill, which had been received and reported ten days before, but was induced 4y the opposition raised to it by Messrs. Bell, Adams and Wise, on the ground of its being a money bill ori,inated impro- perly in the Senateto withdraw it, and move to take up the original bill of the Committee of Ways and Means, which had been reported on the 13th inst. This he moved to amend by a substitute which was substantially the Senate bill, the principal point of difference between the two bills being, that that of the Senate attached inter- est to the notes issued, at the discretion of the Executive, within the limit of six per cent., while the bill of the Committee pro- vided for notes without intere~t, under the supposition that interest would not be ne- cessary to maintain them at par. He ex- plained that this proposed issue was only desi~ned as a temporary anticipation of funds not prtr ~ntly available, and not as a stock or permanent loan; the indulgence extended to all its debtors depriving the the Treasury ofrevenue for the remainin~ quarter of the year, they w.ere indispensa- ble for the expenditures; while there were upwards of twenty millions of suspended debt due to the Government, for the most part payable in 1836. As a means of re- mittanee for internal exchange and pay- ment of forei a debt, they would be a sensible relief to the country, without in- terferin~ with the currency. The issue of Treasury notes even of this description, and under t.hese circumstances, was by no means a measure which he would in gene- ral regard with an eye of favor; it was however, in this instance, a measure of necessity to the Treasury, as well as of great public advanta~, e in various points of view, while it was not obnoxious to the char~e brought against it of being either a stock created, or the issue of a paper money proper. The bill did not re- ceive a very strenuous opposition in Committee of the Whole, and the vari- ous amendments proposed, aimed at the substance of the measure, having been successively rejected, and Mr. Cambre- longs substitute having been adopted, it was reported by the Committee of the Whole to the House, on Wednesday, Oct. 4th. It was not, however passed before the 9th inst., havin ~ been in the in- terim debated with much earnestness, by the followin~ principal speakers: In favor of the bill, Messrs. Cambre- lear, Gholson, Hamer, Howard, Legare, McKay, MeKim, Parmenter, Rhett, Thomas, and Toucey. In oFpositian to it, Messrs. Bell, Bond, Bouldin, Crockett, Curtis, Cushing, Fletch r, Hopkins, Menefee, Mercer, Pat- ton, Phillips, Robertson, Serb cant, Un~ derwood and Wise. It was urged against the bill, 1. That drafts on deposite banks, afler their protest, could circulate and perform the function ofreceivability for public dues, as well as Treasury notes, if the banks on which drawn should not pay them in modes satisfactory to the holders; and un- til these funds were thus drawn upon, the emergency was not yet arrived which would justify the issue of a Treasury- paper. 2. That it was not necessary, inas- much as (in addition to these drafts on the deposite banks) the bonds of the U.. S. Bank, amouatin~ to six millions, mighi be sold in Europe; and the amount in the deposite banks might be made avails- ble by drafts being dr wa upon it. 3. The constitutionality of an issue of bills of credit by the Government wa~ questionable; at least, was not to be main- tained by the constitutional opponents of a national hank; it would be a construe.- tive power as much as that of creating a national bank; and precisely as the pro. position to empower Congress to create corporations was rejected in the conven- tion that framed the Constitution, (an arga- meat much ur~ed by the opponents of a na- tional bank), so was a o the proposition te empower it to esnit bills of credit, as origin- ally attached to the clause empowering it to borrow money. 4. The bill was deceptive on its face, the measure proposed being in reality a loan, and it ought to be so entitled. 5. The discretionary p er left to the Executive in relation to the rate of inter- est was a valid objection, involving un- certain legislation, and vesting too much power in the Executive at the expense of the proper function of the le,,islative tie.. partmeat. 6. It was a fatal measure of hostility to the banks of the country, whose ability to resume specie payments, their specie being withdrawn for investment in these Treas- ury notes, would be materially retarded by it. 7. No Government debt ought to be created without a positive simultaneous provision and appropriation for its re- demption. 8. It was virtually the creation of; or the foundation for,. a national bank, and was an emission of paper money disrace.. ful to a specie reform Administration, & c. All the brilliant eloquence, vehement denunciation, and scornful sarcasm which were poured out, in phials of wrath, on the head of the Administration, in the treatment of this part of the subject, may more easily be itnagined than described February, Treasury Notes Bill, H. R. To these several arguments it was re- plied, 1. Thatitwas contemplatedto extend the indulgence to the banks, and through them to their debtors, of postpooi b for a con- siderable period the demand upon them for their balances due to the Government. In this design there was a ~omparative unanimity. If drawn upon, these drafts, it was perfectly known in advance, would not and could not be paid. Such drafts would possess but a mere technical differ- ence of form from the proposed notes, so far as the principle of the issue of any species of paper, was concerned; and the practice of issuing drafts for the purpose of having them dishonored, and then re- stored, through the process of protest, to that degree of curreot value which could be imparted by a receivability for public dues, was certainly to be deprecated; and had been severely denounced by the Opposition, at the time when (Congress not being in session) it had been the only possible resource of which the Treasury Department could lawfully avail itselg to support the proper administration of the public affairs. And, moreover, such drafts would not satisfy the public credi- tors, whom the Government is hound to pay in specie or its equivalent. 2. This objection was pressed with great earnestness and pertinacity. It was thus met. The Treasury was nearly exhausted, and funds were wanted im- mediately. Which course thea was the most reasonable, to go into the market and furce a sale of the claim against the Bank, or by the issue of the proposed notes to take time to render that debt available, and collect it at maturity. The one course would be to raise money on the credit of the B ank, the other on that of this Governmentwhy prefer the for- mer to the latter which was indisputably the better of the two, however high the former mi~ht stand in EuropeAnd if these bonds be sold in this country, in what medium should payment be received3 None could contend for the reception of the paper of non-specie-payin~ banks. And if the specie were drawn from the vaults of banks, would it not retard the resumption 3 If it would come forth from private hoards, would it not more certain- lyned rawn out by the superior credit of this Government 3 This course would sacrifice the very important relief to the mercantile community to he afforded, in- cidentally and legitimately, by these notes as a medium for remittance so much needed at the moment. The other plan would leave it without even this attempt at the slightest reliefIf sold in England for specie, it would not only require seve- ral months to realise the proceeds, while the necessity was urgent for the present quarter; but also would not the abstrac tion of a million sterlin0 in specie bring back a renewal of that same restrictive policy on the part of the Bank of End- land, to force back specie from America, of which the operation had already been felt so severely, in the depreciation ofAme- rican bills, before the frown of that insti- tution, and in the lowered price of cotton 3 If immediately realised here, by being drawn upon by bills of exchange, the same difficulty as to the medium in which payment should be received, recurred again. Moreover, how could such a course, of nttemptin~ to import five or six mil- lions of specie by the sale of the credit of the Bank, especially after the heavy drafts which had already been made on its Eu- ropean credit, and our already too lame foreign debt, be advocated by those who had denounced the specie-importin,, poli- cy of General Jackson 3It would be an endorsement of these bonds by the Govern- ment, whose bonds they would become, and to which such a sale of its securities would be a disreputable position. It was contended that nobody would be benefited by it but the Bank, by which these bonds would be indirectly bought up, and re- mitted to England, where, with the Govern. meat endorsement, they would command a large profit. And, moreover, in t ir present dimensions they were quite no- saleable, and was the legislation of Con- gress, to supply funds for the administra- tion of this Goverameet, to depend on the willin,,nes of this Bank to consent to adapt the form and dimensions of its bonds held by the Government to the wants and wishes of the latter 3And finally (it was added by Mr. McKim) the proposed plan was recommended, in ad- dition to all its other advantages over the other course proposed, by the considera- tion of econotny. The bonds bore an in- terest of six per cent., while that of the Treasury notes would in all probability be much lower; and if sold abroad, after some months of negotiation, they would probably have to sustain a loss from the par value, independently of the exchan~e, whatever it might be, and the commission or expenses of negotiation. 3. These were not bills of credit, in the constitutional sense. They were not de- signed for a currency,even thouah, inci- dentally, they would prove a great public convenience for the purposes of remittance as exchange. They were merely a con-, venient mode and form of loan, to which the Government was compelled to have recourse, in consequence of the suspension of a vast amount of debt due to it, and of which the greater proportion would be available within a year or two. The Goverameatwas expressly empowered to borrow money, by the Constitution, to pay the public debts; and each note thus issued, at such ra.te of interest as should 1838.1 47 48 make the public creditor willing to re- ceive it as equivalent to specie, was virtu- ally borrowing that amount, for the pur- pose of the payment with which it was simultaneous. The spirit and intent of this measure, in which there was no rea- son to doubt that it would be executed, was, that it was a bill of necessary sup- plies, and not a bill of currency for the issue of a paper money. 4. This objection to the bill, while it neutralized the preceding oae, was one of mere form, and not worth grave reply. 5. The main object of themeasure was, to enable the Treasury to satisfy the pub- lic creditor, on the best terms, in point of interest, possible. To obtain the inci- dental advantage of preventing the notes from being hoarded as investment, so as to keep them afloat for the convenience of transmission (thus relieving one of the se- vere inconveniences now pressing on the mercantile community ).itwas desirable to araduate the ratc of interest at the suc- cessive emissions of the notes,. with a vi- gilant eye to the state of the money mar- ket, so as to kcep them always at par. They were only to be isa ed in the mo- derate and gradual quantities required to meet the public expenditures, when no other suitable means were available. This necessary discretion could only be dis- charged by the Executive branch to which it properly belon~ed. 6. Neither its origin nor its tendency partook of any such spirit. It was far better for the banks to give them a fixed time of indulgence~ before bein~ subject to draft for their balances of public mo- ney,accordin0 to which they could regu- late their business understandingly and prudentlythan to draw at once upon them, with the view to the circulation of such discredited drafts with the dis race of protest. That the Government should deal in a depreciated paper, was not to be thought of for a moment. It could not collect a sufficient revenue at all, by rea- son of the indul ence which it had be- come necessary to extendto all its debtors, still less in specie or any medium equi- valent to it, and to attempt to do so in any way, at this time, would indeed be severe- ly oppressive to those institutions. The reasons why its evidences of debt due to it were unavailable have been given above. No other course, it was manifest, remained, than the present one; which, thou~h far from hein~ a very agreeable one to those who proposed it, was on the whole the only practicable mode of steer- ing clear of the various difficulties with which the subject, of a provision for the present exigencies of the Treasury, was surrounded,at the same time that it would incidentally confer a material re- lief to the disturbed financial state of the country. [February 7. There was a suspended debt of near- ly twenty millions to the Government, fdr the most part well secured, falling due within a year or two, exclusive of its twenty-seven millions on deposite with the States, and without reference to future revenue accruing under the regular opera- tion of the present laws; and it was alrea- dy provided that the notes thus issued, which were limited to a short date, should be redeemed without delay as fast as pos- sible. 8. This was treated as mere random ptrrty declamation, not calling for serious argument. Mr. Cambreleng stated that the Government had always had not less. than two millions of its paper afloat in drafts, in the interval between their issue and liquidation, if that circumstance alone constituted a bank; and Mr. Legare re- marked, that if this measure of borrowing partook in any way of the nature of bank- in~, then was every borrower in the coun- try a banker. To the taunts about the issue of paper money by the present dominant party, it was replied that it was precisely because it would not deal in depreciated paper money, and could not, at the present emer- ~ency of the country, conduct the public affairs through the medium of actual spe- cie, without a too severe pressure upon the banks and mercantile community, that it reluctantly had recourse to this third alternative of a temporary loan, in the present convenient mode,. with which it would be eagerly desirous to dispense at the earliest day practicable. It was severely charged upon the Op- position, during the course of this debater that they were pursuing a factious and uisworthy course, to mystify aiid agitate the public mind, and embarrass the admi- nistration of public affairs, in their deter- mination to insi on a sational bank as; the only remedy they would consent to for the present disordered and distressed condition of the country. In evidence of this the speakers of the Administration party pointed particularly to the inflam- matory denunciation with which, at this urgent crisis, they wasted so much pre- cious time in mere partisan warfare; the unpatriotic spirit in which they stood aloof from their duty, exerting themselves. only in opposing, tooth and nail, every plan of relief to the Treasury and the country proposed by the majority; and the futile and inconsistent argument by which they combatted a measure so clear- ly indispensable to the Government ahd accompanied with so much incidental relief and benefit to the commurtity, as the pre- sent bill. The truth of this charge we leave to be estimated by the respective views of different readers. The Treasury Notes Bill, it will be remembered, passed the Senate by an almost unanimous vote. The Extrz Sessiun. 18~38.] The Divorce~ Bill, II. R. 49 The following enumeration of the amend- ments offered to it in the House, exclusive of several of minor importance, after it had passed out of the Committee of the Whole, where many of them had been already offered and rejected, is necessary to complete the view desi~ned to he given of the bistory of this bill, in its stormy passae,e throu,h the House of Represent- atives. Mr. Underwood moved a substitute amendment, directing that the bonds of the United States Bank sisould be sold, to meet the necessities of the Treasury, at a price not less than tlseir nominal amount; which he modified, at the su~gestion of Mr. Patton, so as to direct the Secretary of the Treasury to draw drafts on the de- posite banks, accepting the same in pay- ment of public dues. This amendment received a strong support in debate, but it was lost by the vote of Yeas 104, Nays 112. (See Table, No. 11.) Mr. Rhett moved to strike out the pro- vision of interest, and also, (on the sug- gestion of Mr. Rives) to make the notes redeemable, twelve, instead, of six months after dateon which the vote was, Yeas 81, Nays 137. (See Table, No. 12.) Mr. Rhett afterwards moved a reconsideration of the vote by which the amendment of Mr. Underwood had been rejected; the motion was, however, lost, by Yeas 110, Nays 113. (See Table, No. 13.) Mr. Wise also introduced an amend- ment, the object of which was to forbid the issue of any Treasury Notes so long as there remained any other available funds at the place where the expenditure was required. It was objected to this that its desi,, n was, unnecessarily to em- barrass the Treasury Department, and that there was no reason to fear that the bill would not be bonafide executed by the Executive in the saint in which it was in- tended, not as a bill of currency but as a temporary bill of supplies, which was to be had recourse Ito only when necessary. And the amendment was lost, by the vote of Yeas 96, Nays 118. (See Table, No.14.) Mr. Underwood a,,ain moved to amend, so as to authorize the Secretary to sssue only three and a half millions until the United States Bank bonds had been of- fered for sale three months, the Secretary bein~ authorized to exchange them with the Bank for smaller bonds to adapt them to the money market (in their present form they are three in number, of two mil- lions each). This was also rejected by Yeas 94, Nays 109. (See Table, No. 15.) Mr. Robertson moved to amend by substituting an authority on the part of the Secretary to borrow from time to time seven millions of dollars, on which the vote was, Yeas 86, Nays 131. (See Ta- ble No. 16.) He then moved an amend- ment providin,, that no Treasury Notes should issued so long as there were any available funds in the Treasury, over one million of dollars, on which the vote was, Yeas 102, Nays 120. (See Table, No. 17.) Mr. South,,ate moved to reduce the lowest denomination of the notes to be is- sued to $25, instead cf $100, as in the bill. This was rejected, by Yeas 88, Nays 131. (See Table, No. 18.) The motion, however, with which he imme- diately followed it, to reduce it to $50, pre- vailed, by Yeas 140, Nays 81. (See Ta- ble, No. 19.) An amendment by Mr. Mercer, to re- duce the whole amount to be issued from ten to seven millions, was rejected by Yeas 101, Nays 120. (See Table, No. 20.) Mr. Legare moved to reduce the inter- est from six to two per cent., which was lost, by Yeas 99, Nays 127. (See Table, No.21.) On the question, which then at last came up, of concurrence witls the Com- mittee of the Whole in their amendments to the original bill, as subsequently amend- ed by the House, it was carried by Yeas 123, Nays 99. (See Table, No. 22); and finally, the concluding vote taken (Mon- day evening, October 9th,) on the en- grossment for the third reading stood, Yeas 127, Nays 98. (See Table, No.23.) We have spread out all these amend- ments proposed and rejected during the course of this extraordinary struggle, both to give an idea of the determined opposi- tion a,,ainst which tlse friends of the bill had to fi,ht their way to its final consum- mation; and to enable us to exhibit, in a perfect form, in the Table of Yeas and Nays, a map of the opinions and votes o~ the individual members, on the various shades and aspects in which the subject was brou~ ht before the House by all these successsve propositions. The bill, as thus finally passed, was concurred in by the Senate,-.--to which body it was seat up as an original House bill, for the reason explained above, even though the Senate had before passed and seat down a bill of substantially the same purport.* THE nmvoac~ BiLL, ri. R. The debate on this bill did not com- mence, in the House, till the 10th of Octo- ber,Tuesday of the last weekofthe session. It had been received from the Senate on the 5th. It had been, however, looked to throughout by all sides as the great lead- ing measure of the session, and, in the In- Page 17. 60 The Extra Se8sior& . [February, titude of debate which had been indulged in, had been already very freely canvass- ed, incidentally, from the natural connec- tion existing between all the measures proposed by the Administration, as a general system or whole. The powerful discussion which it had undergone in the Senate had been observed apparently with deep attention, in its progress, by the House. The bill having passed that body, the disposition of the House in re- lation to it was watched with anxious in- terest, its immediate fate, with all the momentous consequences involved, being thus dependent on a small number of in- dividuals. It was generally conceded, that the measure had made a very remark- able progress in the opinions of men since the opening of the session, both from the influence of the thorou~h and com- prehensive debate to which it was sub- jected, and from the evidences of popular approval by the Democratic party of the Presidents Message, which poured in upon the Capitol from nearly every quar- ter. It was currently remarked, that the Conservative party, having exhausted itself in its first effort on the election of Printer, had melted away, and seemed, with but few exceptions, to have subsided back into the main body of the Democra- tic party. The hopes of carrying the measure throuah at the present session, which no one had ventured to entertain at its commencement, gradually increased, till they became almost a confident belief on the part of a great many, that, on the final and distinct vote, a majority would not be found, to hazard the political and party existence depending on a faithful and firm adhesion to true Democratic principle, at the present crisis, by an open avowal against the policy of separation from the banks, upon which the Admi- nistration had staked itself. The debate was marked by signal elo- quence and brilliancy; though, as no new points of argument were made on either side in addition to those of which an ac- count has been already given, in the his- tory of the bill in the Senate, it is not ne- cessary to dwell farther on it than to enu- merate the speakers by whom it was con- ducted. They were: In favor of the measure, Messrs. Pickens, Hunter, of Va., Haynes, Moore, and Cambreleng; and in opposition to it, Messrs. Hoffman, Mason, of Va., Robertson, Garland, of Va., Calhoun, of Mass., Pope, John- son, of Md., Cushing, Legare, Naylor, and Wise. Two substitute amendments were offered in the Committee of the Whole, the one by Mr. Garland, of a si- milar tenor to that advanced by Mr. Rives ia the Senate; and the other by Mr. Daw- son, prescribing a system of special depo site in selected State banks,.,both of which were rejected; and at midnight of Friday, 13th October, the Committee rose and reported the bill to the House without amendment. On the following morning the long agony of the suspense of the bill reached its termination. Immediately on the resumption of the subject by passing to the Orders of the Day, a motion was made by Mr. Williams, of Tennessee, to lay the bill on the table, which he with- drew at the request of Mr. Clark, of New York (understood to be a leading Con- servative~ member), to permit the latter gentleman to explain the grounds on which he rested the vote he was about to give. This he did, explicitly, to the effect, that he did not intend his vote to lay on the table to imply an opposition to the bill; he did not express an opinion in favor of or against the rrieasure; but was anxious for an opportunity of communi- cation with his constituents, whose will he would always be ready to carry into effect. The measure, as a democratic one, was new, and had been as yet but imper- fectly agitated and di~ested in the publi mind; and, moreover, there was no neces- sity for an immediate decision of the ques- tion, as Cons ress was to re-assemble in six weeks, and as the system of custody of the public revenue which it proposed to establish was, and would continue, in ac- tual operation under the existin~ laws. On this ground, distinctly stated and re- peated, the gentleman from New York then renewed the motion to lay the bill on the table, which was carried by the vote of Yeas 120, Nays, 107. (See Ta- ble, No.24.) No direct vote, as it thus appears, was had on the subject; a motion to reconsi- der, by Mr. Rencher, for the purpose of permitting Mr. Lewis, of Al., to offer an amendment (providing for a system of special deposite in banks) having failed, by about the same vote. The Opposition exulted in this vote as a decisive rejection of the measure; while the friends of the Administration regarded it merely in the light of a postponement of its decision~ it being generally understood that it would be brought forward again, the latter being willing to commit its political fate fully on the eventual triumph of its substantial principle, namely, the dissolution of the connection heretofore existing between the political and moneyed institutions of the country, orto use the forcible phrase first brought before the public by the Plain Dealer, of New York, though since be- come so familiar and commonthe Di- vorce of Bank and State. In which light it was justly to be regarded, the reader must decide from the above statement of the facts. 1838.1 The Deposite Bctnk Settlement Bill, 4~c., IL R. 51 THE DEPOSiTE BANK SETTLEMENT BILL. This Bill which was received from the Senate on the 9th September, (identical with the bill reported by the Committee eff Ways and Means) was not taken up till the evening of the 10th October, when Mr. Garland, of La., moved a substitute amendment, extendina the time of indul- gence to the banks to nine, twelve, fifteen, and eighteen months, in four instalments, with interest at 5 per cent. By the pre- sent bill the times fixed were four, six, and nine months. After some conversa- tion on the subject of the payment of in- terest by the banks, it was laid aside, and resumed on the 14th; on which day Mr. Adams opposed it strenuously, as also did Mr. Pope, Mr. Williams, of N. C., and Mr. Bell. No result was arrived at, or seemed probable, in Committee of the Whole, and the bill was laid aside, on motion of Mr. Cambre1en~, to permit the despatch of other business; after which the Committee rose, and was discharged, on motion of Mr. Smith, of Maine, from the further consideration of this bill, which thus came back into the control of the House. It was at a later hour taken up, and, an amendment by Mr. Johnson, of La., fixing the times of payment at six, twelve, and ei ~ hteen months, was adopted by the vote of Yeas 77, Noes 54; immediately after which, Mr. Cambre- leng moved the Previous question, under the operation of which the bill was finally passed, the House refusing to order the Yens and Nays. This amendment was concurred in by the Senate, and the bill shortly after sent down again, with ano- ther amendment, intended to explain an ambiguity supposed to exist in the terms of the bill; upon which it proved impos- sible to obtain a vote on that night, it be- ing beyond midnight, and a quoruns not present. It was accordin~ly carried over to Monday mornin~, when Mr. Adams renewed his opposition to it, characteriz- ing the provisions of the bill as drawn so loosely and imperfectly as to be disgrace- ful to our legislation, and especially de- nouncina what he signalized as the bar- gain~ between the Chairman of the Coin- niittee of Ways and Means and the South- western members, for the passage of the bill, \vhich he stated had been made at the last moment of the passa~e of the Fourth Instalment Postponement Bill, executed by the discharge of the Commit- tee of the Whole, on the previous night, from the further consideration of this bill at a period when no answer had been re- turned to the arguments adduced against it, and no vote had on the amendments proposedand consummated by the mo- tion for the Previous ~uestion, in the House, by the Chairman of the Commit- tee ot Ways and Means, immediately after the adoption of the amendment of the gentleman from Louisiana, extendin,, fur- ther indulgence to the banks. Great im- patience was felt in the House at this course and tone of debate on the last morning, and Mr. Cambreleng did not make any other reply than to move the Previous Q.uestion; under which the amendment of the Senate was concurred in, and thus the passage of the bill finally completed, by the vote of Yeas 107, Nays 46. (ISee Table, No. 25.) THE MEECHANTS BOND5 EXTENSION BUL. This bill which came from the Senate on the 19th September, was reported by the Committee of Ways and Means on the following day. It was taken up by the House on the 10th October, and, an amendment being adopt- ed, on motion of Mr. Cambrelen ~, to the effect of granting a credit of three and six months, in equal instalments, on all un- portations subject by the present laws to cash duties, prior to 1st of November next, and another amendment, on motion of Mr. Menefee, to extend the benefits of in- dulgence of this act to all other debtors to the United States except for the public moneys receivedthe bill was passed without debate, and sent to the Senate, by which body the amendments made were concurred in. 7iIE INDIAN HOSTILITIES APPROPRIATION BILL. A bill making further appropriation for the expenses of the Seminole war was early reported by the Committee of Ways and Means. On the 27th September, a bill was received from the Senate for the same pui-pose, and in fact identical with the one before the House. It was not taken up till the last night of the session, October 14th; when the House in Com- mittee of the Whole took up, and passed its own bill, which it sent up to the other body for concurrence,* without any notice of the bill on its table received from the Senate. It will be remembered, that a similar course was pursued in relation to the Senate bill for the issue of Treasury notes; in both which cases it was consi- dered that the Senate had infringed on the privilege of the House in originating mo- ney bills, which presumption it was thus designed to rebuke. This objection which was raised to acting upon the Senate bills, was yielded to by those who did not concur in the motive which prompted it, for the sake of avoiding superfluous de- bate. The Senate, as has been already * See page 29. The Extra Session. seen, yielded to the rebuke, for the sake of the urgency of the public business, though not without the expression of con- siderable dissatisfaction at the parlia- mentary discourtesy. ADDITiONAL GENERAL APPROPRIATION5 BILL. The Committe of Ways and Means reported a hill, on the 29th September, makin~ additional general appropriations for the year 1837. It was not taken up till the evening of October 14th; when, after some hours of random debate, chiefly by Messrs. Wise and Johnson, of Md., relating principally to the payment of members of Congress in specie, it was passed, with the amendment of reducinh the appropriation for the expenses of the agency of the Smithsonian le~acy, in London, from ~1QOOO, to S5,OOO. This was made at the motion of Mr. Wise, with the concurrence of Mr. Cambreleng, the former gentleman accompanyin5 it with some severe remarks upon this ex- travagant outlay for the support of the agent, Mr. Richard Rush, at London, on a business fallina properly within the sphere of the duties of the resident lega- t~on in that country. Mr. Cambrelen assented to the reduction, because further appropriation could be made at the next session if it should appear necessary. The bill, bein~, sent to the Senate, was re- turned witls an amendment of ~25,OOO for the expenses of printing certain docu- ments ordered by the Senate, and of S2,OOO for extra clerk-lure in the office of the So- licitor ofthe Treasury, renderad necessary by the legislation of the present session. The former amendment was concurred in, and the latter rejected, by the House. RESOLUTION AGAINST A NATIONAL BANE. The general course pursued by the friends of a national bank at the present session may be thus briefly summed up. It was considered impolitic to bring up the question for present decision, it not be- ing yet ripe for that settlement which they hoped might be compassed by a postpone- ment to a future day; by which time it was believed by them, a popular convic- tion of its necessity, as the only effectual remedy for the disordered currency and business of the country, would bear their favorite measure to the haven of success on a swelling tide of public opinion which would overcome the pledged opposition to it of the present dominant party. In pursuance of this line of policy, they ab- stained from either themselves bringin ~ forward any plans of relief for the evils of the times, or from co-operatin~ with those brought forward by the Administration while they made the most strenuous efforts to undermine the foundation of public support on which the Administration rest- ed, by striving to id ntify it with the odium of the responsibility of all these evils. The tampering with the currency, and the experiment to dispense with the agency of a national bank, were of course referred to as the one great cause of all, and the ret urn to the old policy of such an institution was urbed in most of the speeches, as the only permanent reme- dy and relief. At the same time a desire appeared, not to identify their party as a whole with that question, but rather to hold it for the season in abeyance, till a more favorable time for openly urging st. How far this course was dictated by the motive of keepin5 the ground open for the Conservative party to stand by their side in Opposition to the Adminus tration, until the present alliance which they were anxious to secure, might in time become a permanent amaleama~ tion ,or what dec~ of justice 5ree there may have been in the charac ur~ed by the De- mocratic speakers, that, in their indiscri. inmate opposition to every measure of relief and settlement, they were acting in a spirit of demagQ. ue factiousness, to force their favorite plan upon the coun- try, and possess themselves of the power of office, by the uiiworthy means of pro- lon5in5 the public distress and a5itation, it is not for us here to undertake to de- cide. The Democratic p~rty was determined to explode at least that portion of the plan of their opponents which involved a pre- sent non-committahism on the question of of a National Bank, and accordingly a resolution was reported to the House by the Committee of Ways and Means on the 25th September, analogous to that which had been brought forward in the Senate a few days previously, declaring that it was inexpedient to charter a no.- tional bank, upon which, on introducing it, the Yeas and Nays were demanded by Mr. Cambreleng. A motion to lay it on the table, by Mr. Everett, was lost by the vote of Yeas 89, Nays 122. (See Table, No. 26.) A very violent opposition was made to acting on the subject. It was denounced as a piece of parliamentary chicanery, to entrap premature committals of opinion, and also to overawe legislative independ- ence by Executive and party dictation. The Committee of Ways and Means was severely arraigned by Mr. Adams for bringing forward such a resolution, merely declaratory on a question of expe- diency without any reference to legislative actionand without having read in Cor ittee the petitions on the ssebjeet referred to them. It was replied, that the petitions were all of one common printed form, which had been circulated through the country for si5nature, and which kad 52 [February, The Mississippi Election Case. doubtless been read half-a-dozen times by every member of the House, and that the charac was frivolous. It was a question which had been already debated to death, and every man was, or ought to be, at this day prepared with his opinion. The set- tiernent of this noitatin~ question by a decisive vote was insisted upon to be a most important measure of relief to the p resent condition of the country; and as it had been brought before them by the me- morials, it was the duty of the Committee of Ways and Means and of the House to meet it openly and frankly. The subject was debated in the mornings till cut off by the Orders of the Day, through several daysMr. Seraeant occupyin~ the floor for three daysuntil the 5th October, when Mr. Cushman terminated it by the Pre- vious question. The vote on orderin~ the Main question was Yeas 101, Nay~ 101, decided in the affirmative by the casting vote of the Speaker, (see Table, No. 27,) and, that upon the adoption of the resolution was Yeas 123, Nays 91, (see Table, No. 28.) Several amendments were offered, during the course of debate one by Mr. Wise, similar to that of Mr. Clay in the treatment of the question in the Senate, as before related,* and two (by Messrs. Pope and Sherrod Williams) substitute amendments, declaring that it was expedient and proper to charter a na- tional bank, with suitable improvements in its or~ an ization. They were, how- ever, cut off by the operation of the Pre- vious Question, so that no other vote was had than that on the Main Question of the ori~inal resolution. THE MISSISSIPPI ELECTION CASE. The question that was raised on the first day of the session, upon the validity of the right of the two Representatives from Mississippi, Messrs. Cl aiborne and Gholson, to their seats in the House, has been already noticed.t The subject was referred, on the 18th September, to the Committee on Elections, on motion of Mr. Gholson; which made a detailed re- port on the 25th instant, accompanied with a resolution declaring the gentlemen entitled to their seats as duly elected members of the 25th Congress. An ef- fort was made on its introduction, by several members of the Opposition, to refer it to the Committee of the Whole, where of course it would be subject to a debate more protracted and wider in its range, than if considered in the House as part of the business of the morning hour. This was opposed, for the expense of time which it would cost, it being argued that it could receive an ample discussion in the House, as had been the case at the North Carolina contested election, between New- land and Graham, at the last session. The latter view prevailed, and it was postponed to the 27th; when it was taken up and debated during the mornings of a week, the vote being taken on the 4th of October; on which day, after an ineffec- tual attempt to lay it on the table, the re- solution was adopted, as reported by the Committee, by the vote of Yeas 118, Nays 101, (see Table, No. 29.) The question involved bein~ a delicate one of le0al and constitutional doctrine, this vote (being nearly a strict party one) presents one of the many instances so often seen, of the bias of opinions on judicial questions, by the prejudices and motives of party spirit, the wish proving father to the thought. Neither party being able to see the side of the shield looked upon by the other, both, with an admirable unanimity, thought, spoke, and voted, on all points involved, simply according to their relative posi- tions in Opposition or in favor of the Ad- ministration. What, it may well be asked, becomes of the dignity and value of free, independent opinion, or what reliance can be placed on the moral authority of deci- sions and constitutional interpretations i The material facts of the case were as follows: The law of the State of Missis- sippi prescribes a general election of vari- ous public functionaries, including the Representatives in Congress, biennially, on the first Monday of November. As the years ofthese biennial terms correspond with the Congressional terms, the conse- quence is that, the term of the former Con- gress having expired on the 3d March, an actual vacancy in the representation of the State exists from that period till the elections prescribed by the law, in Novem- ber. Heretofore no inconvenience has resulted from this state of things, there not having been any convocation of Con- gress before the usual period of assem- bling, in December. The Constitution of the United States prescribes that when vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies. In accordance with this authority and the duty considered to be prescribed by it, the Governor of Miss- issippi (of opposite party politics from those of the members claiming), on the convocation of the Extra Session, issued his writ for an election in July, in which the limitation was inserted, that it was only to fill the vacancy existing, until it should be superseded in November. Upon these premises three distinct grounds were taken: First, that the proclamation of the Governor for an election in anticipation of that prescribed by the Constitution and See page 26 tSee page 2. 1838.] 53 54 The Extra Session. [February, laws of the State, was illegal, and there- fore the election illegal and void, the case not havin,, occurred of the happening of a vacancy as contemplated by the Constitu- tion of the United States. Secondly, that such a case had occur- red, and that it was a valid election for the ~25th Con,,resswithout regard to the limitation made by the Governor, that functionary having no authority to make it. These were the two opposing extremes, and they were advocated, the former by Messrs. Maury, Harlan, Towns, Robert- son, Mason, of Ohio1 Lincoln, and Hast- ma 5; and the latter by Messrs. Bucha- nan, Pennybacker, Bronson, Legare, Turney, Haynes, Howard, and Loomis, of N.Y. A middle ground was taken by Messrs. Slade, Tilliughast, and Adams, viz: Thirdly, that the election was valid, to fill the vacancy existing, until the regular election prescribed by law, in November. In behalf of the first ground it was ar- gued, that the idea of fortuitous casualty was involved in the word happen as used in the passage of the Constitution referred to, and that a vacancy which re- sulted from the regular operation of the law, by the expiration of a former term of service, without provision by the law for immediately supplying it, could not be said to happen in the constitutional sense, that being intended only to provide for unforeseen accident. That therefore, if the laws of the State were so defective as to permit the existence of a vacancy in its representation during such an interval, it had only to reform the law, and in the meantime submit to the inconvenience which was the consequence of its own fault. Mr. Maury, from the minority on the Committee of Elections, offered, in ac- cordance with this view, a substitute amendment declaring the election invalid, and the members claiming not entitled to their seats. This argument was thus repelled. The language of the Constitution was to be construed in a practical sense, according to the intention of the framers, and not with that metaphysical subtlety, which could educe any absurd results out of the ambiguities of language and the uncer- tainties of etymology. That the Consti- tution contemplated a perpetuity, or per- petual succession, in the Congressional re- presentation; and by this provision it was intended to secure the rights of the people of every State against a vacancy on that floor, in whatever mode arising, whether by unforeseen casualty, or by defect in their own legislation on the subject of elections. That the word happen does not necessarily imply unforeseen accident, but signifies to come to pass, fully co- vering the present case, even without re course to that liberality of construction which might be claimed in behalf of the plain intent and spirit of the Constitution. The biennial Con~ressional term com- mences with the 4th of March of the odd years; a majority or quorum is by the laws and practice of the lar~e States elected previously to that date; and there can be no question of the power of the President to convene an extra session at any early period thereafter; in which case, if the defective legislation of the States on the subject of elections is to deprive them of their representationthis general pro- vision of the Constitution for the filling of vacancies, through the agency of the State Executives, to the contrary notwith- standingthe whole legislative action of the Federal Government could be admi- nistered by about one-third of the larger States, whose representatives, timely elect- ed in advance, would constitute a quo- rum an absurdity for which it would seem that no one, whether of the Federal or State-Ri,,hts school, could contend. As the question then lay between the second and third grounds, as itated above it was contended in behalf of the latter, (which was not taken up till towards the close of the debate), that, while the Go- vernor was empowered and bound thus to take measures to fill the present va- cancy, he could not supersede and repeal the State law on the subject which ap- pointed the month of November for the election, but that the two ought to be re- conciled, by admitting the valid ityofthe election for the extra session, according to the terms of the Govornors proclama- tion, and allowing it to he superseded by the superior authority of the State law at the period of the regular elections. To this it was objected, that the Con- stitution prescribed biennial elections, be- ing an essential feature of the scheme of representation established by it; that a State could not divide its Congressional term;:into separate portions, whether by direct intent of law, or by the unforeseen operation of defective legislation. In either case the explicit terms and intent of the Constitution dictated clearly the su- preme law of the subject. That if the election was valid at all, it was an elec- tion to the 2fith Congress, and not for any fraction of it. It was, moreover, stated as a fact, by one of the members claiming Mr. Gholson that the almost universal understanding and intention of the people of Mississippi, of both parties, at the time of the election, was, in accordance with this view, that it was for the whole term of the Congress, and not merely for the Extra Session. The latter or middle ground of opinion did not appear to find many friends, it being generally conceded, that it was either a complete and valid election for the whole Congress, or it was 1 1838.] Florida War Inquiry. 55 none at all; as was proved by the fact faction was expressed at some portions, that those who assumed and advocated it, which were altered accordingly. An un- did not attempt to introduce any proposi- pleasant personal passage occurred be- tion or amendment to that effeot. tween Messrs. Wise and Gholson, on ______ one of the occasions of these highly exci- ted debates (if to conflicting speeches of FLORIDA WAR iNQUIRy, that desultory and irrelevant character A very keen strug,~le of guerilla party the word can he applied). The former warfare took place on a resolution on this gentleman had dwelt, in a manner not subject introduced, early in the Session, calculated to he very pleasing to the by Mr. Wise. It was introduced on the friends of the Administration in the 19th Sept., and was continued every day, House, upon the attitude occupied by as the unfinished morning busine s, the himself and his friend, Mr. Peyton, of question being on its reference, until it Tenn. at that Session, as the champions would be cut off by the Orders of the Day, before whose glorious boldness and pow- up to the last day of the Session, with the er in the exposure of corruption and abu~, exception of an interval including the pe- the majority of the House had qualled nod from the 25th Sept. to the 5th of Oct. and cowered,adding an insulting per- (devoted to the Mississippi Election and sonal to the taunt, by the intimation the Resolution a_ ainst a National Bank), that on several occasions the attempt had and two days, 9th and 10th of October, been made to meet them on the ground given to a Texas debate on a motion to of personal accountability, which they print documents. The desultory party were prepared for and defied, but that the and personal declamation arising out of courage that prompted the attempt had it, was ~enerally re~arded as a most un- been unable to advance beyond a certain pardonable misappropriation of the time line, however boldly it had seemed to which should have been devoted to the march up to that line. This speech important business before the house. The was particularly replied to by Mr. Gbol- original resolution contemplated a Select son; who spoke with much severity of the Committee to be appointed by the House scenes which had taken place in the Coin- by ballot, and to sit dunn the recess; mittee on which those two ~entlemen espe- an amendment, by Mr. Glascock, pro- cially enacted the parts to which those re- posed the appointment of the Committee, marlts referred, designating them without in the usual mode, by the Speaker; an- reserve, as disgraceful to the Committee, other by Mr. Howard, referred it to the the House, and the country. Mr Wise, Committee on Military Affairs. Mr. in reply, pronounced an animated eulo- McKay proposed to postpone the whole gism on his absent friend, Mr. B. Pey- subject till the regular Session. The ton; and, concurring in the opinion that general conduct of the Administration, in the scenes at that time enacted were dis- the oriain and pro~,ress of the ~var, was graceful (though only in reference to the severely arraigned by the several Opposi- course pursued by ehemajority of the Coin- tion speakers, while it did not lack able de- mittee and ofthe House),concluded by say- fenders. The principal speakers were: ing, that if the gentleman intended to am on the one side, Messrs. Wise, Cushing, ply that expression to himself or his Bond, Adams, Reed, A. H. Shep- friend, or whenever the authorship of the herd, and Williams, of N. C. ;and on disgrace of those scenes was charged the other, Messrs. Holsey, Glascock, upon them, he would say to the man who Howard, Gholson, Loomis, of N. Y., and made the imputation, that in his foul McKay. A considerable portion of the throat he lied! Mr. Gholson disclaimed debate referred to the well-known scenes any personal allusion to Mr. Peyton, as in the rooms of the Investigating Coin- being under the screen of absence; buL mittees of the last Session. Mr. Wise said, that the gentleman might make a was unmeasured in the most insulting personal application of his remarks if he language applied to two members of the chose; repeating that the scenes alluded Committee of which he was Chairman, to were disgraceful, but that he differed in particularboth of whom were absent from the gentleman, and did not consider from the present Congress. We refer to that that investigation threw any dis- Mr. Mann, of N. Y., and Mr. D. J. grace upon the late Administration. The Pearce, of R. I.; the principal actual matter rested here, though it gave rise to charge being, that the report of the ma- a general opinion that a duel was inev- jonity was drawn up by the clerk of the itable between the parties,a result Committee, instead of by the members which, happily for the honor and dig- themselves, the latter having furnished nity of the body, as well as for every their notes and materials for the execu- other consideration, did not ensue. The tion of the task. It appeared that the re- public opinion was dividedaccording, port had not been revised by any of the as it appeared, to the established divisions majority at the time that it was read in of partyon the question, upon which the Committee when a general dissatis- side the responsibility was inownbent, 56 The Extro~ Session. [February, according to the principles of the C code of honor, of challenging the other. We hut record the facts, without assumin,, to express any other opinion, th~n satisfac- tion that the balance of the scales of opin- ion was considered to be so nicely pQised, as to maintain the fortunate equilibrium of inaction on either side. We would willingly have omitted all mention of so unpleasant and discreditable an occur- rence; but as a striking event of the pe- riod, to characterize the spirit of the time, nd as having its public point of view, in which it is not without importance we have not felt at liberty to pass it by, nor alludin,, to it at allto notice it with less particularity than has been done. Throughout the course of the debate of this resolution, no opposition was made to any the fullest investigation of the sub- lectthe friends ofthe Administrationex- pressing themselves confident that it would pass through it as unscathed as it had done through the former ordeals of in- vestigation to which it had been of late subjected, through Congressional Com- mittees; while the chief burthen of the speeches made in Opposition, was, that the former Committees of Investigation had proved failures only because of the corrupt servility of the majority upon them, and in the House, in stifling that freedom of inquiry required by the mi- nority to bring out the evidence of the abuses charged by them against the Ad- ministration. No vote was taken on the motions of reference, and after servin~ the purpose of party agitation, which, in the form in which the subject was brought forward, it was so well calculated to do it was passed over to the Orders of the Day, on the last day of the Session, as far distant, apparently, from any practical decision as at its first introduction. THE TEXAS QUEsTION. The subject of the annexation of Texas was incidentally before the House on two occasions during the course of the Session, the first being on the introduction of resolutions of inquiry by Mr. Adams, calling for all the correspondence in re- lation to the present state of the question of the North Eastern Boundarythe cor- respondence between our Government and that of Mexico on the Boundary Q~uestion, and in reference to any proposition for any cession of territory,and any corres- pondence between our Government nnd that of Texas on the subject of annexa- tion. These resolutions were adopted (Sept. 13th) after a somewhat warm de- bate, which wandered farheyond the limits of order,Mr. Adams takng the ground thus early and decidedly against the an- nexation of Texas, and stating his belief; that a large portion of the people of the Union would prefer a dissolution of the Union, to such an annexation. Southern and Western gentlemen exhibited consid- erable sensitiveness on the subject; and general indications appeared, that the question was to take the direction of one of sectional interests, between the free and the slave States. Several speakers de- precated any such treatment ofthe subject, yet Mr. Thompson, of S. C., especially called attention to the point of view in which the question was presented by the distinguished gentleman from Massachu- aetts, as one of union or disunion, ask- ing that the fact should be recorded in the memory, that that view of it origins- ted with the section of country and the opinions represented by that gentleman, and not from the opposite section and opinions. The various correspondence thus call- ed for, were duly communicated, on the 2d October. That with the Government of Texas presented the fact, that such a proposition had recently been made by it, but that our Government had declined to entertain it, on the ground of the spe- cific obligations incumbent on us, both by our treaties with Mexico, and our long established system of neutrality; all pre- sent possibility of even entertainin the consideration of the proposition being pre- cluded by the belligerent attitude still maintained towards Texas by Mexico. The second occasion on which the sub- ject came before the House, was on the 9th and 10th of October, on a motion by Mr. Ellmore to print an e~ctra number of such portions of the correspondence be- tween our Government and that of Mexi- co, which had been communicated, as re- lated to the question of annexation, the proposed extracts being specifically enu- merated. Ten thousand copies of the correspondence with the Government of Texas had been already ordered to be printed, and the object of this resolution was to extract the portions relevant to to this question, from the voluminous doc- uments relating only to the negotiations of a commercial treaty, and the question of the boundary line, with which they were now connected,so as to spread full information before the people upon the question on which the important issue stated above had been thus presented to them. Mr. Adams objected strenuously to any other course than the publication of the entire correspondence, without se- leetion or mutilation, the increased ex- pense being of no moment in comparison with the importance of full and complete information, and all the questions involv- ed in our negotiations with Mexico be- ing so connected, more or less directly, with each other, as to make it impossible thus to separate them without prejudice his Cellctneous. ~O t vi~ obj t. H:s & ect:on was stron e auppoit d by Messrs. Biddle and Siad~ and ~1r Lilmore was finally oduced to acc pt of a modification of his motio~i to urn in compliance with it, ~o as to in clod~ the whole of the corresponden e in ou~,ioc No farther action on this sub je-t seas esd in the House tnough the ei~oieros of ~ucls deep and strong section- ,.i int~iest in it vera sufficiently exhibited, ~o ~oake t direction svhichi it mi, lit it toe next Session, when a fierce stenoole was to be fought, a matter of an inteieoi as anx:ous as it w 5 intense. Tu~ ouly occasion on which any vote was taken was on the 13th Sept., shortly at~r the n oduction of the resolutions at inouiiy the debate upon them threat- .s to ion to lengths incompatible with the proper business of the Session when, on a motion by Mr. Petrikin to lay the whole subject on the table, the vote stood, yeas ~3, nays 149. (See Ta- ble, No. 30.) It slsould here he added that Mr. Adams subusitted a declaratory resolution, rela- ting to tlsis subject, on the 9th Sept., which, however, he simply asoved to lie on the table and be printed, without any attempt to brin~ it up for discussion. It was in the followin~ terms: That the ~owes of annexing the people of any in- dependent forcion State to this Union, is a power not delsoated by the Constitu- tion of the United States to their Con- gress, nor to any department of their Go- vernment, but reserved to the people. Mi5CELLANEOUS. The Warehosesing System Bill, and the District Gerrency Bill, which, as has been before mentioned, were reported by the Committee of Ways and Means on the 18th Sept., were never act upon by the House, its whole time hem,, con- sunmd by the vehement debates which arose out of the more important subjects before it. The Senate bills on these sub- jects were received on the l~th Oct., but no action was had upon them, the former being merely referred to the Committee of the Whole, and the latter, san a slight de- bate arising upon the question of refer- ence to the Comnaittee on the District, hem, laid upon the table. The New York Fire Bill, from the Senate, was reported by the Committee of Ways and Means without amendment on the 30th Sept., and on motion of Mr. Cambreleng was taken up on the even- ing of the 14th Oct., with an earnest ap- peal to the House to pass it, in which he was supported by Mr. Hoffman and Mr. Phillips, as it had under,,,one a thorough debate at the last Session. It had been plainly impossible to get it up before, with YOL. I. 1(0. III any chance of success, from the deter- mined hostility to the measure which was known to exist on the part of a considera- ble proportion of the House. It was im- mediately opposed by Messrs. Whittle- say, of 0., Underwood, and Thompson, of S. C., the latter gentleman with pecu- liar vehemence declaring his determina- tion to defeat it. As debate upois the subject at this Session ayes manifestly impossible. the House ivas conspeiled to pass the bill over. At a 1 ar hiou~~ of the night, Mr. Cambralen g again renewed the attempt to get the bill throu ghi, but with no better success. The subject of a bankrseptcy law, sug- gested in the Presidents Mess0 ge, was postponed, in a similar maniser as is the Senate, as related above, for nsore deliber- ate consideration t the regular Session. An imnacuse number of petitions and memorials against the anseexation of Texas, and a smaller number a~ ilast slavery, were presen d, which all of course fell uiider the operation of thee reso- lution adopted at the opening of the Ses- sion, postponin,, the consideration of all other subjects than those for svhich it lied been speciall~ convened. A number of resolsetions of inquirs,, were adopted calling on the Executive depart- ment far statistical information of va- rious kinds, which are not deensed of sufli- cient importance to require more par- ticular notice here. At an early day of the Session, the an- nouncement was made to the Senate by Mr. White, and to the House by Mr. Bell, of the death of the Hon. James Stande/er, a member elect to the latter body, from Tennessee, to svhose worth in all the re- lations of life, both public and private, a handsome tribute was paid by Isis col- lea,,,ue, Mr. Bellthe usual resolution of mourning for thirty days being adopted by both Houses. His place ayes supplied by a special election, at which Mr. Stone was elected, who had not arrived in Washington till the 6th of October. The subject of the mode of payment of the members of Congress avas made a to- pic of party debate in the House, on seve- ral occasions, in such a spirit as to de- mand a passing notice of it as a fact. It arose out of a letter addressed by the Sec- retary of the Treasury to the Sergeant-at- Arms of the House, informin,, him that he was prepared to pay the salaries of mem- bers in specie, city bank notes, or drafts on the local collectors and receivers at their option. This was made the sub- ject of a violent denunciation, by Mr. Biddle, at the opening of the Session, as 0* 1838.] 57 Extra Session. an abominalle distinction in favor of one class of rioblic creditors over others, and as intcn4ed to exert a corrupt influence ocer the minds of members of Congress; and he subsequently introduced a resolu- tion having for its declared object, to sub- ~ect to iceislative restriction the discre- tionary power now exercised by the Sec- retary in respect to the modes of payment to the public creditors. This course was much complained og as hem5 solely de- signed for party excitement and irritation. A motion to suspend the rules to enable him to offer this resolution was lost by Yeas 8~, Nays 106. (See Table, No. 31.) Again on the last night of the Session, at a late hour, two hours were consumed, chiefly by Messrs. Wise, and Johnson, of Maryland, in exulting and scornful comments on the fact alleged by them, that ths5 promise of option to the members was not kept, the gold which had at first been at the command of members being exhausted, and paper alone hem5 now paid to them. It was replied to, by the simple fact, that though the gold was ex- hausted, the specie, which had been the Ian,, lage of the promise in question, was not, and that silver was still at the service of all who desired it. We refer to this triflin matter, only as illustrative of that which is, perhaps, more material to his- tory than mere naked fi ct, namely, the spirit of the time, and the embittered na- ture and tone of the opposition with which the Administration had to contend at every step, not less in trifles than on questions of 5raver import. Simply statin~ the leading facts, we leave the motives of men and parties to be measured as patriotic and honorable, or as parti- san and unworthy, according to the re- spective views of different readers. THE ADJOURNMENT. The Congress adjourned on the morn- ing of Monday, 16th Oct., having been in Session exactly six weeks. On a sub- sequent page will be found the total re- sult, in the business of legislation, of this short, hut excited and interesting, Session. A liberal disposition was manifested to extend indulgence to the different interests indebted to the Government; but it is apparent that the most important object, that ofsettling the uncertain and agitated condition of the public mind, was not ac- complished, excepting in so far as the question of a National Bank was concern- ed. Themost effectual provision possiblens it would seem, under the difficult circum- stances of the case, for the necessities of the public Treasury, was adopted. But the question of the foture system to be es- tablished for the admiiiistration of the revenue, was as has been seen, only post- poned till the regular Session. Much pro5ress, however, had been made in that discussion which must necessarily precede its settlement; and though it had had the effect of excitin5 warm feelings, and bringing out strongly drawn lines of opinion on the important questions at issue,~ on all sides, yet on the whole the Administration party appeared well sat- isfied with the results of the Session, and the ground gained by the new views which had been brouTht before the coun- try by the Presidents Messabe. The Opposition, on the other hand, were no less pleased at their success in defeating the present passage of the main measure of the system brought forward by their an- ta5onists; and appeared sanbuine of be- in5 able to arrest the farther advance of the new reform policy of the Administra- tion. Both parties may be said to have encamped on the field of battle, thou~ h the Fourth Instalment Postponement Bill, the National Bank Resolution, (in- dependently of the course of the debate on the Divorce Bill) were certainly im- portant positions gained, in advance of the relative grounds occupied by the two at the commencement of the struggle. Both forces drew off for a brief interval of truce, with every indication that on the reassembling of Congress, the engage- ment to be renewed would be prosecuted with no less earnestness than had mark- ed the first stage of the coiitest. The Conservative ground was not materially chan5ed, though it seemed held with much less determination than at the com- mencement of the Session. Its difficulty and embarrassment may be said to have increased, by the evidence afforded by the Session that no middle position was tena- ble between the conflicting extremesthe Opposition being so completely identified with the question of a National Bank, as to make a continued alliance with them impossible, without the entire recantation of all their party creed so long maintain- ed by them. The overture was held out by them, of a return to their former position in the Administration ranks, if the concession should be made of a corn- promise on the ground of a scheme of special deposile in banks. What exact combinations the next Session mi~ht wit- ness, none could prophecy, as every thing was left in suspense and confusion by the sudden breakin0 up of Congress imme- diately after the arrest of the Divorce Bill by its being laid on the table of the House. 58 February5 1838] 69 SUMMARY ABSTRACT OF THE ACTS OF THE SESSION. 1. AN ACT to postpone the fostrth instal- ment of deposit: with the States, Directs the postponement of the trans- fers of the said deposites, till January 1st, 1839, with the proviso, that the three instalments already transferred shall re- main oa deposite with the States, until otherwise directed by CongressAp- proved, Oct. 2,1837. 2. AN ACT to authorize the issue of Treasm. p Not;s, Sec. 1. Authorizes the President of U. S. to cause such notes to he issued, to meet the exigences of the Government, within the limit of $10,000,000, of de- nominations not less than $50. Sec. 2. Makes them redeemable at the Treasury in a year from their respective dates; hearin ~, dunn that period and no longer, an interest to he fixed at the dis- cretioa of the Executive on each issue of said notes, and expressed on their face, within the limit of six per cent. per an- num; the reimbursement to include prin- cipal and the proportionate interest due at the time of presentation,the public faith hein~ pledged for the same. Sec. 3. The notes to he prepared under the direction of the Secretary of the Treasury, si~ned and countersigned by the Treasurer and Re~ister, those officers checkin,, each other by accurate records, kept separately, of the notes si~ned and redeemed; bein~ authorized to employ four additional clerks if necessary, at salaries not exceeding $1200 per an- num. Sec. 4. Authorizes the Executive to issue said notes to such public creditors as may choose to receive them at par; also to borrow, from time to time, not un- der par, on the credit of such notes. Sec. 5. Makes them transferable by delivery and assi,,nment endorsed, by the person to whose order made payable on their face. Se:. 6. Makes them receivable for all public dues, credit being given for the proportion of interest due on the day of payment. Sec. 7. Provides that any person pay- ing Treasury notes into the hands of any public office: shall give duplicate certifi- cates ofthe number and respective amounts of principal and interest of each; and such officer, on payment of the same, shall receive credit for the principal and in- terest due at the time of his receipt of them and shall be char,, ed for the subse- quent interest aceruin,, upon them up to the date of such payment by him. See. 8. Authorizes the Secretary of the Treasury to redeem the notes or pur- chase them at any time, at par, allowing for the proportionate interest due. See. 9. Appropriates a sum not ex- ceedin~ $20,000 for the expenses incident to the issue of such notes. Secs. 10 and 11. Provide penalties for counterfeiting or fording, and publishing, or possessin,, with such intent, & dana6 it felony, with the punishment of imprisonment, at hard labor, not less than three, not more than ten, years, and fine not exceeding. 5000. Sec. 12. Authorizes the Secretary orthe Treasury to issue all such regulations to the public officers and depositories, in re- lation to the safe keepin,,, disposition, return and cancellin,, of the said notes, as may seem to him properwith the pro- viso that none of the notes., when returned. to the Treasury shall be reissued, hut shall be cancelled. Sec. 13. Directs a monthly statement to be published of the amount issued and re- deemed; and limits the power of issuing them to 31st December, 1838.Approved, Oct. 12, 1837. 3. AN ACT to regulate the fees of dis- trict attoriseys in certain casesenacts that in all cases of the extension or renew- al of bonds given for duties, according to such directions as may be given by the Secretary of the Treasury, it shall be done by the respective collectors, subject to no other charge than the fee chargeable on takinb an original bond, upon the en- try of merchandize. Sec. 2. Nor shall any fee be charged by any district attorney on any bond left for collection, nor for any suit commenced on a bond renewable by law, if application for renewal be made within twenty days from the maturity of such bond.. Approved, Oct. 12th, 1837. 4. AN ACT to contin in force certain laws to the close of the next Session oJ Congressextends all acts, or provisions of law, made by their terms to expire at

Summary Abstract of the Acts of the Session 59-61

1838] 69 SUMMARY ABSTRACT OF THE ACTS OF THE SESSION. 1. AN ACT to postpone the fostrth instal- ment of deposit: with the States, Directs the postponement of the trans- fers of the said deposites, till January 1st, 1839, with the proviso, that the three instalments already transferred shall re- main oa deposite with the States, until otherwise directed by CongressAp- proved, Oct. 2,1837. 2. AN ACT to authorize the issue of Treasm. p Not;s, Sec. 1. Authorizes the President of U. S. to cause such notes to he issued, to meet the exigences of the Government, within the limit of $10,000,000, of de- nominations not less than $50. Sec. 2. Makes them redeemable at the Treasury in a year from their respective dates; hearin ~, dunn that period and no longer, an interest to he fixed at the dis- cretioa of the Executive on each issue of said notes, and expressed on their face, within the limit of six per cent. per an- num; the reimbursement to include prin- cipal and the proportionate interest due at the time of presentation,the public faith hein~ pledged for the same. Sec. 3. The notes to he prepared under the direction of the Secretary of the Treasury, si~ned and countersigned by the Treasurer and Re~ister, those officers checkin,, each other by accurate records, kept separately, of the notes si~ned and redeemed; bein~ authorized to employ four additional clerks if necessary, at salaries not exceeding $1200 per an- num. Sec. 4. Authorizes the Executive to issue said notes to such public creditors as may choose to receive them at par; also to borrow, from time to time, not un- der par, on the credit of such notes. Sec. 5. Makes them transferable by delivery and assi,,nment endorsed, by the person to whose order made payable on their face. Se:. 6. Makes them receivable for all public dues, credit being given for the proportion of interest due on the day of payment. Sec. 7. Provides that any person pay- ing Treasury notes into the hands of any public office: shall give duplicate certifi- cates ofthe number and respective amounts of principal and interest of each; and such officer, on payment of the same, shall receive credit for the principal and in- terest due at the time of his receipt of them and shall be char,, ed for the subse- quent interest aceruin,, upon them up to the date of such payment by him. See. 8. Authorizes the Secretary of the Treasury to redeem the notes or pur- chase them at any time, at par, allowing for the proportionate interest due. See. 9. Appropriates a sum not ex- ceedin~ $20,000 for the expenses incident to the issue of such notes. Secs. 10 and 11. Provide penalties for counterfeiting or fording, and publishing, or possessin,, with such intent, & dana6 it felony, with the punishment of imprisonment, at hard labor, not less than three, not more than ten, years, and fine not exceeding. 5000. Sec. 12. Authorizes the Secretary orthe Treasury to issue all such regulations to the public officers and depositories, in re- lation to the safe keepin,,, disposition, return and cancellin,, of the said notes, as may seem to him properwith the pro- viso that none of the notes., when returned. to the Treasury shall be reissued, hut shall be cancelled. Sec. 13. Directs a monthly statement to be published of the amount issued and re- deemed; and limits the power of issuing them to 31st December, 1838.Approved, Oct. 12, 1837. 3. AN ACT to regulate the fees of dis- trict attoriseys in certain casesenacts that in all cases of the extension or renew- al of bonds given for duties, according to such directions as may be given by the Secretary of the Treasury, it shall be done by the respective collectors, subject to no other charge than the fee chargeable on takinb an original bond, upon the en- try of merchandize. Sec. 2. Nor shall any fee be charged by any district attorney on any bond left for collection, nor for any suit commenced on a bond renewable by law, if application for renewal be made within twenty days from the maturity of such bond.. Approved, Oct. 12th, 1837. 4. AN ACT to contin in force certain laws to the close of the next Session oJ Congressextends all acts, or provisions of law, made by their terms to expire at The Extra Session. the termination of the 1st Session of the -25th Congress, to the close of the Session commencing on the first Monday in De- cember, 1S37.Approved, Oct. 12th 1837. 5. AN ACT to a cad an act entitled ii an act to prarirle for the payment of horses last and desteniad in the sai[it ry serrice of the United Stahs, approved January 13th, ln37 enaets that horses or their equipments turned over hy the owner to the service of the U. S. by order of any commanding officer, shall be paid for, on presentation of the claim to the War De- partment; the provision hein~ extended to mules; and to the case of persons dying in the service, their horses and equipments bein~ turned over to the public service, and not paid for, nor restored to tise rep- resentatives of such personsApproved, Oct. 14th, 1837. 6. AN AcT enakinc fesrther appropria- tions far the year 1837appropriates for pay hnd mileage of members of Con- gress ~248,5OO. For contingent expenses of the Senate, ~30,OO0 ;ditto of the 11 R., ~5O,O00. For additional contingent expenses of the Navy, as enumerated in the act of 3d March last, $120,000. For relief and protection of American seamen in foreign countries, $10,000. For expenses of the prosecution of the claim to the Smithsonian le~acy in Lon- don, $3,000. For contingent expenses in the office of the Treasurer, ~500. For cost of ilocuments ordered by tlse Senate by resolutions of 2d July, 1836, and 25th February, and 2d March, 1837, p23,009. Sec. 2. Authorizes the payment, out of the Treasury, of debentures, or other charges made by law payable out of the accru~n. revenue before it is transferred to the credit of the Treasury, if the reve- nue in the hands of the collectin~ and re- ceiving officers be not sufficient for the purpose. Sec. 3. Authorizes the reception at par for public dues of any outstandin~ trans- a fer drafts given to transfer moneys to the States under the Deposite Act of 23d June, 1836, and not paid by the deposito- ries nor otherwise settledno allowance being made for any interest or damages whateverApproved, Oct. 16th, 1837. 7. AN Acr malin~ additional approprz- ations for the sup;ression of Indian hostili- ties for 1837appropriates the further sum of $1,600,000 for that purposeAp- proved, Oct. 16th, 1387. 8. AN ACT authorizing a further post- ponement of payment on dirty bonds authorizes the Secretary of the Treasury to extend an additional credit of nine months on all bonds for duties now out- standing, under tlse same terms, as to in terest and additional security, as pre- scribed by the DcpYt to the extension of. revenue bonds since May last. Sec. 2. Allows a credit of tisree and six months on the duty on merchandize, payable in cash by the existing laws, which may be import d on or before the 1st November next in two equal instal- inents, with interest at 6 pci cei.t. Sec. 3. Relieves the paits s to post- poned bonds from thou disquehification, under the existinv laws to be parties to other bonds, provded tin security and responsibility of the peitics be entirely satisfactory in all respects. Sec. 4. Repeals all prior provisions of law inconsistent with this act, during thse period of its continuance.Approved, Oct. 16th, 1837. 9. Au ACT for adjusting the remaining daisies on the late deposite banksauthor- izes thee Secretary of the Treasury to con- tinue to withdraw the public moneys re- mainin~ in any of the fornier deposite banks, in a manner as gradual and con- venient to such institbitions as consistent with the wants of the Government; s~o ad- ditionah interest bein~ required of any bank which has met and shall hereafter meet the requisitions of the Dept; the provision applying to moneys standing to the credit of disbursin, or any other public officers as well as of the Treasurer. Sec. 2. In case of non-compliance by said banks with the requisitions of the Department, suits shall be instituted, Where it has not ahready been done, to re- cover the amounts due the U. S.sentess the defaultin~ bank shall givebond, with security approved by the Solicitor of Treasury, to pay the whole amount due, in three instalments, on 1st July, 1836, 1st Jan., 39, and 1st July, 39; with in- terest at 6 per cent. from date of such de- fault to answer the requisitions of the De- partment, and with all damages accruing to the U. S. from its failure to fulfil its obligations to the public Treasury. Approved, Oct. 16th, 1837. 10. AN ACT for the relief of D. P. Madi- sonallows Mrs. Madison the copyright, in foreign countries, of the papers of her late husband purchased by Congress, and the proceeds of any such publication of the same already authorized by herAp- proved, Oct. 14, 1837. A RESOLUTiON directing the postage on all letters sent by the Express Mail to be paid in advancedirects the P. M. Gene- ral to that effect. 60 (February, LIST OF QUESTIONS VOTED BY YEAS AND NAYS. (TISe Numbers corresponding to those of the szebjoiaed Table.) No. 1. Sept. 6th. Motion to lay on the Table Mr. Bronsons proposition to sus- pend the ballotting for Printer till the third Monday of Soptember. See page 11. No. 2. Sept. 6th. Motion to lay on the table Mr. Boons proposition to make the election of Printer viva voce, instead of by ballot. See pane 11. No. 3. Sept. 28th. Motion for the Pre- vious question, by Mr. Cushman, on the third readin~ of the Fourth Instalment Postponement Bill. See pa e 44. No. 4. Sept. 28th. question on the third re ivy of the Fourth Instalment Post- ponement Bill. See pare 44. No. 5. Sept. 29th. Motion, by Mr. Pickens, to reconsider the preceding vote. See pate 45. No. 6. Sept. 29th. Q.ue tion on Mr. Adams amendment to the Fourth Instal- ment Postponement Bill. See pa~e 45. No. 7. Sept. 29. Motion by Mr. Wil- liams, of N. C., to lay on the table the Fourth Instalment Postponement Bill. See pa~e 45 No. ~. Sept. 29th. Motion by Mr. Bell to recommit the Fourth Instalment Bill, with certain instructions. See page 45. No. 9. Sept 29th. question on Mr. Pickens amendment to the Fourth In- stalnsent Postponement Bill. See pa~c 45. No. 10. Sept. 29th. question on the third readin~ of the Fourth Instalment Postponement Bill, as thus amended. See page 45. No. 11. Oct. 6th. question on Mr. Un- clerwoods substitute amendment to the Treasury Notes Bill. See page 49. No. 12. Oct. 7th. question on Mr. Rhetts amendment to the Treasury Notes Bill. See page49. No. 13. Oct. 7th. Motion, by Mr. Rhett, to reconsider the vote on Mr Under- woods amendment to the Treasury Notes Bill. See page 49. No. 14. Oct. 7th. question on Mr. Wises amendment to tlse Treasu y Notes Bill. See page 4~. No. 15. Oct. 9th. question on Mr. Un- derwoods second amendment to the Treasury Notes Bill. See pa_ e 49. No. 16. Oct. 9th. ~ueestion on Mr. Robertsons first endmentto the Treas- ury Notes Bill. See page 49. No. 17. Oct. 9th. C~uestion on Mr. Robes-tsons second amendment to the Treasury Notes Bill. See page 49. No. 18. Oct. 9th. question on Mr. Southgates first amendment to the Treas- ury Notes Bill. See page 49. No. 19. Oct. 9th. ~uesticn on Mr. Southgates second amendment to the Treasury Notes Bill. See page 49. No. 20. Oct. 9tls. question on Mr. Mercers amendment to the Treasury Notes Bill. See page 59. No. 21. Oct. 9th. question on Mr. Le hares amendment to the Treasury Notes Bill. See page 49. No. 22. Oct. 9th. question on gene- ral concurrence with the amendments to the Treasury Notes Bill. See pvye 49. No. 23. Oct. 9th. ~ueetion dn the third readin~ of the Treasury Notes Bill. See p~ ge 49. No. 24. Oct. 14th. Qnestion on Mr. Clarks motion to lay on the Table the Divorce Bill. See pa~e 50. No. 25. Oct. 16th. question ott agveement to the Senates amendment to the Deposite Bank Settlement Bill. See page 51. No. 26. Sept. 25t1s. Motion, by Mr. Everett, to lay on the table the Resolu- tien vyniust a National Bank. See pa e 52. No. 27. Oc& 5. Motion for the Previous question, by Mr. Cushman, on the Re- solution a~ inst a National Bank, ques- tion on orderin~ the main question to he now put. See pate 53. No. 28. Oct. 5. question on the adopt- tion of the Resolution against a National Bank. See pa~e 53. No. 29. Oct. 4th. t~uestion on the Re- solution reported by the Committee on Claims in the Mississippi Election case. See page 53. No. 30. Sept. 13th. Motion by Mr. Petrikin to lay on the table Mr. Adams resolution respecting Mexico and Texas. See pa~e 57. No. 31. Sept. 27th. Motion, by Mr. Biddle, to suspend the Rules to permit the introduction of his Resolution on the subject of specie payments by the Treas- ury Department. See pate 58. No. 32. Sept. 5. question on printin~ 20,000, instead of 10.000, copies of the Presidents Message. See page 3 1838.1 01

List of Questions Voted by Yeas and Nays 61-70

LIST OF QUESTIONS VOTED BY YEAS AND NAYS. (TISe Numbers corresponding to those of the szebjoiaed Table.) No. 1. Sept. 6th. Motion to lay on the Table Mr. Bronsons proposition to sus- pend the ballotting for Printer till the third Monday of Soptember. See page 11. No. 2. Sept. 6th. Motion to lay on the table Mr. Boons proposition to make the election of Printer viva voce, instead of by ballot. See pane 11. No. 3. Sept. 28th. Motion for the Pre- vious question, by Mr. Cushman, on the third readin~ of the Fourth Instalment Postponement Bill. See pa e 44. No. 4. Sept. 28th. question on the third re ivy of the Fourth Instalment Post- ponement Bill. See pare 44. No. 5. Sept. 29th. Motion, by Mr. Pickens, to reconsider the preceding vote. See pate 45. No. 6. Sept. 29th. Q.ue tion on Mr. Adams amendment to the Fourth Instal- ment Postponement Bill. See pa~e 45. No. 7. Sept. 29. Motion by Mr. Wil- liams, of N. C., to lay on the table the Fourth Instalment Postponement Bill. See pa~e 45 No. ~. Sept. 29th. Motion by Mr. Bell to recommit the Fourth Instalment Bill, with certain instructions. See page 45. No. 9. Sept 29th. question on Mr. Pickens amendment to the Fourth In- stalnsent Postponement Bill. See pa~c 45. No. 10. Sept. 29th. question on the third readin~ of the Fourth Instalment Postponement Bill, as thus amended. See page 45. No. 11. Oct. 6th. question on Mr. Un- clerwoods substitute amendment to the Treasury Notes Bill. See page 49. No. 12. Oct. 7th. question on Mr. Rhetts amendment to the Treasury Notes Bill. See page49. No. 13. Oct. 7th. Motion, by Mr. Rhett, to reconsider the vote on Mr Under- woods amendment to the Treasury Notes Bill. See page 49. No. 14. Oct. 7th. question on Mr. Wises amendment to tlse Treasu y Notes Bill. See page 4~. No. 15. Oct. 9th. question on Mr. Un- derwoods second amendment to the Treasury Notes Bill. See pa_ e 49. No. 16. Oct. 9th. ~ueestion on Mr. Robertsons first endmentto the Treas- ury Notes Bill. See page 49. No. 17. Oct. 9th. C~uestion on Mr. Robes-tsons second amendment to the Treasury Notes Bill. See page 49. No. 18. Oct. 9th. question on Mr. Southgates first amendment to the Treas- ury Notes Bill. See page 49. No. 19. Oct. 9th. ~uesticn on Mr. Southgates second amendment to the Treasury Notes Bill. See page 49. No. 20. Oct. 9tls. question on Mr. Mercers amendment to the Treasury Notes Bill. See page 59. No. 21. Oct. 9th. question on Mr. Le hares amendment to the Treasury Notes Bill. See page 49. No. 22. Oct. 9th. question on gene- ral concurrence with the amendments to the Treasury Notes Bill. See pvye 49. No. 23. Oct. 9th. ~ueetion dn the third readin~ of the Treasury Notes Bill. See p~ ge 49. No. 24. Oct. 14th. Qnestion on Mr. Clarks motion to lay on the Table the Divorce Bill. See pa~e 50. No. 25. Oct. 16th. question ott agveement to the Senates amendment to the Deposite Bank Settlement Bill. See page 51. No. 26. Sept. 25t1s. Motion, by Mr. Everett, to lay on the table the Resolu- tien vyniust a National Bank. See pa e 52. No. 27. Oc& 5. Motion for the Previous question, by Mr. Cushman, on the Re- solution a~ inst a National Bank, ques- tion on orderin~ the main question to he now put. See pate 53. No. 28. Oct. 5. question on the adopt- tion of the Resolution against a National Bank. See pa~e 53. No. 29. Oct. 4th. t~uestion on the Re- solution reported by the Committee on Claims in the Mississippi Election case. See page 53. No. 30. Sept. 13th. Motion by Mr. Petrikin to lay on the table Mr. Adams resolution respecting Mexico and Texas. See pa~e 57. No. 31. Sept. 27th. Motion, by Mr. Biddle, to suspend the Rules to permit the introduction of his Resolution on the subject of specie payments by the Treas- ury Department. See pate 58. No. 32. Sept. 5. question on printin~ 20,000, instead of 10.000, copies of the Presidents Message. See page 3 1838.1 01 TABLE OF YEAS AND NAYS, In the House of Representatives. 1ST SESSION, 2FJTII CONOIIECS. [The names in italics denote the Members heretofore usually esteemed of the Opposition; the others those usually reckoned as the friends of the Adudnistrationaccord- ingto the Globe, August 25th.Administration 129; Opposition 113 ; isiajority of the former, tO. The letters denote, respectively, aye a,,d no. The numbers head- mo the columns refer to the List of Questions on tl~e preceding page. Tl~e italic letters in tl~e 28t1, colnn,n, denote that tIne snembers to whose names they correspond were absent at the vote, hut on the following day published a statement in tine Globe, that, if present, they would have voted in the affirmative. Being an important test vote, it was thought proper to make this reference to them.] F F a n a n a a n n a a n a a a a n a a a a n a a a n a a a a a n a a a a n a a a a a a a a a a n a an v.a a 1 2 3 4 5 6 7 891011 12 1314 15 16 17 18 1920 21122 23 24 25 26127 28 29 30 31 32 [ H.J. Anderson ann a a a an n~a a a a an a an a a a a T.J.Carter an a a a a a a a a a a a a a a a J.Cihhey a a n ann a n a n a a a a a a a a a a a a T.Davee - an a an a a a a a a a a a a a a a a a a a GEscens - a a a ann a a nn I J.Fairfiekl - an a n a a a a a a a tO a a a an a a a a I J.C.Noyes - n a a a an a a n a a a n a n a a a a a a a tF.O.J.Smith - a a a an a nan a a a a a a a a a a a a f C.G.Atherton- an a an a a a a a a n a a a n a a a a a n a SCushman an a an a a ann a a a a a a a a a a a a a ~J.Farrington a a a a an a n,n a a a a a a a a a a a a a [ J.Weeks- - an a an a a a a a a a a a a a a a a a a a J.W.Wilhiams an a nan a n~n a a a a an a a a a a an .LQ.Adanss - a a a a a a a a a a a a a a a a a a a a a an N.B.Bnrden - a a a a a a a a a a a a a a a a a a a a GN.Briggs - a a a a a a an a a a a a a a a n a- a a a reg - a a a a a a a a a a a a a a a a a n a a COnes/ic a a a a a a a a a a a so a anna a an an a a a a a a n a n a a a a a St n a n a a a a a 55 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a an a a a a a a a -i a Co a 183S.I Table of Yccw and Nays, IL R. ~ I I I I I I I I I I I c~c~ I ~ I I I ~ I 1 1 1 1 1 C C I C~C C C C C C C C C C C C C C C C C CCCCc CCC I CCCCc~~ C CCC CC~C C CCC I CC~~ I CCCCCCCC CCCCCCCC I CCC l CCCCC CCCCCCC C I C C C C CCC I C Cc- C CCCCCCCc~c~c~ CCCCCCCCcCCCCCCCCC CCCCCCCCC CC ~CCCC CCCCCCCCCCCCCCCC CCCCCCICCCCCCCCCCC CCC CCCCCC I ~ CCCCCCCIIICCCCCCCCCCCCCCCCCC CC CCC CC CC I CCCC I CCCCCCC~~~ I CCCCCCCc~ I ~ Cc~CCc~C~ I CCCCCCCC CCCCCCCC CCC~C~~ I ~ I ~CC CCCC I 1 CCCC ~ C CCCCCCCCCCCCCCCCC~ I I CCCCCCCCC-~~~ CCCC CCICCC ~CCC~CCC CCC CCCCCCCCCCCcCCCCC CCCCC~ CC~~C~ C ECCCCcCCCCCCC I I ~C J J CCC CCCC ~CC CCCC CCC c~CC CCCCe~~~ CCCCCCCCCCCCCCCCCCCCCCCCCCC I CCCCC~~ CCCCCe~c~C CCCCCC cdCCCC C~ ~ CCC~ CCC CCCCCCC CCC ~ CCCCICCCCICCCC C C C C C C C C C C C C C C C C C C C C C C CC C C C C C C C C C C I C ~CCCCCCCCCCCCCCCCCC 111lg,j a a ~ i~. U.aa *4*aI ala,.,,, CC~~ ~C ~c~ - a , , , a ~ ~-~ C -J SSV~AJ~ .1 ~J Lfl~3IJOaNNO0 LNO1~TuaA MIIoA ~ CCCCC CCC I CCCCC I CCC I Cl CCCCCC I CCCCCCCCC I CCCCCCCC I CCCCCCCCI TABLE OP YEAS AND NAYS, II. P.Continucd. ~PRE5ENTAT1VES. 0. us/bean - ~ T. B. Jackson - N. Jones - - G. Kemble - A. Loomis - B. P. Mbrvin - II. McClellan - C. P. Mitchell - E. Moore - W. II. Noble - J. Palmer - - A. J. Parker - W Patterson - L. C. Peel; - Z. Pratt - - J. H. Prentiss - D. Bassett lvi.. II. Sihicy - J. B. Spencer - W. Taylor - 0 Titus - - jUl. Vail - - LA. Vanderveer F ~ B. Aycrigg - ilK Thd stead - J. 0. B. Maxwell J. F. Randolph - I C. C. Stratton - ~J. Yor/.e - - F W. Beatty - B Riddle - - 12 a n n a a a a a a a a a a a a n n a a a a a a a a a n a a n n a a a a n n a a a a a a a a a a a a a a a a a a a 3 n a a a a a a a a a a a a a n a a a a a a a a a a a a a a 45 n a a a a a a a a a a a n a a a a a a a a a a 51 a a a a a a a a a a n a a a a a a a a a a a a a a a a a a a a a a a a a a a n a a a a a a a a a a a a a a a a n a n a a a n a 8 9110 1112 13114 15 16 17 18 192021 222324 25 26 a a a a a a a a a a a a n a a a a a a a a a a a a a a a a a 11 1I a a a a a a ii a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 11 51 a a a a a a a a a a a a n a a a a a a a a a a a a a a a a n n n a a a a a a a a a a a a a a a a a a n a a a a a a a a n a a a a an a a a a a a a a an a a a a a a a a a a a a a a a a a a a a a n a a a a a a a a a a a a a a a a a a a a a a a a a a a n a a a a a a a a a a a ii a a a a 11 15 a a an 11 a an an a a a a a a an a a a a a a a n a a a a a a a n a a a a a a a a a a a a a a, a a a a a a a a a a is a a a n a a a a a a a a a a a a a a a a a a a a a a a a an a a a a a a a a n a a an a a, a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a is a a a a 51 a a a a a a a a a a a a a a a a a n a a a a a a a a a a a 51 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a n a n a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a n a a a a a a a a a a a a a a a a a a a a a a a a a a a n a a a a a a a a n a a a a z 29 30 27 28 a a a a a a an a a a a a a a a a a an a a a a a a a a a a a a a a a a a a an a a a an an a a a a 31 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a. a a a, a a a a a a a a a a a a a a a a a 32 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a Cl a -i aews - - [ ~ achanan - h. IL 1-lammond - I hoary F P Hobby - - 1 Khngensmith - I I Logan - - C McClure - - ~ f T.M T. McKen awn ~ I ~I 11 ho rris - - F) S. W. Morris - - ~ H Muhlenber17, - g) ~a or ii ~ L. Paynter - - D. Petrikia - - A. Pbumer - W. W. Potter - D. Potts - - L. Reily - - .1. Sergeant - - D. Sheffer - - 0. W. Toland - D. D. Wagener - DEL. J.J.Milligan - C J. Dennis - - .j BC Howard - ~ I D. Jenifer - - ~ W. U Johnson, - ~ J.McKim - - J. A. Pearce - - ~ [ F. Thomas - - J. T. H. Worthington MIen. J. Crary - a a a a a a a a a a a a a a a a 0 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 171 a a a a a a a a a a a a a a a a a a II a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a II a a 171 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a Il a a 11 a a 171 a a a a a a a a a a a 171 a a a a a a a a a a a a a a a a a Il 171 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 171 a a 171 171 a a I a a a a a a a a a 171 171 a a a a a a a 171 171 171 a a 171 171 a 171 11 t~. a a a 171 11 a ii a a a a a 171 11 a 171 a a o a 171 a a o a a a a a a a a II 11 a fl a a 171 a a a a 7171 a a a a a a 171 171 a a a a a a a a an 0 171 a a 171 71 a a 171 171 a a a 171 a a 171 a a 171 a a a a a a a a a a a a a 11 171 11 a a a 171 171 a a a. a a a 171 a a a a a 171 a a a n a 171 a a a a a a a a 171 a a a a 171 11 a 171 171 171 171 171 11 171 a a a 171 171 0 171 a a a a 171 171 a 171 171 171 171 171 a a 171 a a a an a a a a a a 171 a a a a an a a a a 171 fl a a a an 171 fl a a a 11 fl a a a 11 Il 171 a 171 171 1 11 171 a 11 0 a a a a 171 171 fl 171 a o 171 fl 0 11 fl a a 11 171 II a fl 171 0 a a a a a a 171 a a a 171 a a 171 a a O a a a 11 a a a a a a 171 0 171 171 a a a a 171 a a a a a a 171 a a a a a a a a a a a a a a a a a 171 a a 171 171 a a a a a a 11 171 a a a a a a a a 171 a a a a a a a a a a a a a a 171 fl 11 a a a a a a a a 11 171 171 a 171 a a a a a a a a a a a a a a a a a a a 171 a a a a a a a a a a 11 11 a Il a a a a I a a a n a a a a a a a a a a a 171 a a a 171 C~3 0 a a a Il 171 7171 a 171 a a a 171 a a a 7171 a a a a a a a a a a a a a a a a a a a 171 a a a a 171 1 n a a a a a a a a a a a a a a a a a a a a 171 a a a a a a a a a a a 171 a a 171 a a a a a a a a 171 a a a a a a a a a a n a a a a a a a a a a a Il a a a a a a a a 171 a a a a a a a a a a a a a a a a 171 a a a a a a a a a a a a a a a a a a a a a a a a a a a 171 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 171 a a a a a a a a a a a a a a a a a 171 a a 171 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 171 171. 11 a 171 a a a a a a a a a a a a a a a a a a a a a a a a a a a a 171 71. a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a n a a a a a a a a a a a TABLE OF YEAS AND NAYS, II. R.Contiaued. 1~~ IIEPflESENTATIVES. 1 23456 78 9101112131415161718192021 2223242526272829302132 A.Bcirne- - na a a a an n n a n a a a ii a a aa a an a J.W.Bouldin- an a an an a a a a a a ann a W.Colcs- - nn an nan nun a ann nn a a a a ann a R.Crai~ - - an a n a an nn n a ii a n a a a a aan a G.CDron~oo1e nn a a n ann a n n a a a a a a a a a a a a J.Garland - nn a a an a a a a a a aa G.W.Jlopkins an a an a a a na a nn anaa Ji?.M.T.Ihrnter a a an a a a n an a a a a ann nan an J.Johason - an nn a ann n n a a a a a a a nan an a ~ a J.W.Jones - an an a a n a a nn a a n n a a a an a a a P.MaUory - a a n:n na a a a a a a a a a a n n nan n a n M.Mnson - nn a n a a n annn a n n a a a a a an a C.17.Mercer - a a a a n n a a a a a a an a a na nfl n n a ii W.S.Morgan- a a nn a anna nan an a n a a a an a J.M.Patton - an an an an nan a ii a a a J.S.Pennybacker an an nan nan a x~ an a a a a a a a an a FERives - an n n nn a a n nn a n a n a a a a a a a a a J.Robcrtsais - an a a nn an a a a a a a a a a a an a a a AStuart - na na n ann anna an a a a a anna n a J.Taliaferro - an a a n nan a a a a a a anna nan n an JLA.JVise - a a a a a a a a a a a a a a a a nn nan n a a J.A.Byaum - a n a a n a n a a a a a a a a n a ELW.Coaaor- an a n a a n a nn n an a n a an a a a an a EDeberry - a a a a a an a a a a a a a a a a ann a a a J.Grahcern. - a a a a na a a a a a a a a a a an an a a n M.T.Jlawkins a a a n a a n a a a a a n a ii a an a a a n n ~ J.J.McKay - an a a a a a a n n a ann a a a a a na a ~ W.Montgomery a n a a a a a a a a a a a a n a an ala a a a ARencher a a a a a a a a a a a a a a a a an na nan S.T.& ewyer - an a n a a a a a a a a an a a an a a an a C.Shepard - a.a a flu an a a an a a a a a a a a a a a a a a a a a a a a a an an a a a a a a a a an a a a a a a a a an a a n a a a a a a a a n n a a a a a n fi fl a a a n an n a an na an na an na a a an a n a fi an a a a n an a a a a a a a a a a a a a a a a a fi n a a a a a a a a a a a fi a a a a a a a a a a a a a a a a a a a a a a a nan nan an fi ann a a n n a na na a a a fi a a a a n a a n a a a n a n an a an ann a a a a a a a a a a an a a a a a a n ann a a an a A.H.Sheprd - E. hiaaly - L. JVdlaems 1 ~. (ilowney - P Ii. fl/more - J. Campbell - .1. K Griffim - LI. S. Logare - J. P. Richardson F. W. Pic/cens - I?. B. J?hett - W Thompson - J. F. Cleveland - W C. Dawson T. Glascock S. Grantland C. E. Haynes H. Holsey - J. Jackson - G. W. Owens - 9. W. B. Towns R. Chapman - J. Law/er - - D. Lewis - - F. S. Lyon J. L. Mart in - J. F. H. Claiborne S. J Gholson - I? & arla - H Johnson - ~ERipley - - J.Be// - - W. B. Carter - W B. Casnpbell B. C athain - J. W. Crockett - .4 P. Maury - a a a a a a a n a a n a n a a a a n a n n a n a a a a a a a a a a a a a a a a a 11 n n n a a a n n a a a a a a n a a a a a a a n a a a a n a a a n a a a a a a a a a a a a n n n a n n a a n n a a a a 171 n a a a a a a n a a a a a a a a a a a a a n n a n a n a a a a a a a a a a a a a a a a a a a a n a a a a a a a a a a a a a a a a a n a a a a a a a a n a a a a a a a a a a a a a a a a a a a a a a a a a a a a a Ii 11 n a a a 11 a a n a n a a a n a a a a a a a a a a a n a a 11 a a a a U a a a a n a a a a 171 n a a a a n a a a a a a a a a a a a a a a a a a a a a a a a a a a a a n a a a a a a a a a a a a a 171 a n a a a a a a a a 11 a a a a a a a a a a a a a a a a a n a 171 n a a a a a a a n 11 a a a U n 171 a a a a a a n a n n a a a a a a a a a. a Il a a a a a a a a a a a a a a a a a a a a a a a a n 171 fl n a a n n a a a a a a a a a a a a a a n a a a a a a a a a a a n a a a n a a a a a a a n a n a a a n n a a a a a a a a 171 a a a a a a a a a a a a a a 171 a a a a a a n a n a n a a a a a a a a a a a a a a a 171 a a a a n a 171 a n a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a n n n a a a a a n a a a a a a a a a a a a a a a a a a a a a a a a a a a a a n a a 171 a a a a a a a a n a an a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a n a a a a a n 171 a a a a a a 171 n a a a a a a a 171 a a a a a a a a a a a a a n a n n a a a a a a a a a a a a a a a 171 171 a a a 171 a a n n a a a a a a a a a a a a a a a a a a a a 171 a a 171 171 11 a n a a a a a a a 171 a a a a a a a a a a a a a a a a a a a n a a a a a a a a a a a a a a a a a a n n a a n a n n a a a a a a a a a a 171 a a a a a a n 171 a a a n a a a a a a a a 171 a n a n a a a a a a a n a a a a a n n a a n a a a n a a a a a a a a a a a a a a n a 171 a a a a a a n n a n a a 171 171 a a n n a n a a a a a a a a a a a a a a a a a a n a a a a a a n a n a a a a n 171 a a a a a a a a a a a a a n a n a 171 a n n a n n a a a a a a a a a a a a a a a a a a a n a a n a a a a a a a a a a a 11 a a n 171 a n a a a a a n a 171 n a a a a a a a, a a Il a a 171 a a a a a a a a a a a a a a a a n a 171 n a n n Q CF.1 a a. z z a H a 0 68 Political Portraits. -No. IX. [September, the time deeply buried in the darkness of the unknown and unima- gined future. It was but a very short time before Mr. Cilleys death, that the remark, half sportive and half serious, was made to him, on an occasion of which the saddest of recollections will long haunt the memory of the writer of the present lines, that the day would come, at some time or other, when he would take a place in this series of Political Portraits, then recently commenced. It is well, indeed, that, to the common eye, coming events do not cast their shadows before ;for else, how darkly would the brightness of that social hour have been clouded, by a prophetic presentiment of that untimely fate which, defrauding him of the high and glorious des- tiny which seemed to smile over his opening career, was to make his name so soon the subject of one of the saddest and most pain- ful efforts of the biographers pen! That Mr. Cilley would have early achieved a very honorable prominence on the noble theatre of the general politics of the Union, as he had already, in a very signal and rapid manner, on the more restricted stage of action of his own State, none of his friends entertained a doubt. The present were exactly the times for such a man; and the unanimous opinions of all who knew him best are greatly deceived, if in the midst of them he would not very early have attained a position which would have afforded his biographer much more to record, of useful service rendered to his country, and honorable distinction acquired for himself, than can be permitted by the brief career which it was to be his to run4 As the task was most appropriate to the hand of early friendship, the reader will perceive that it was to another pen that we have committed the task of preparing this. brief biographical narrative. It was prepared very shortly after the unhappy catastrophe that occasioned its requisition. Difficulty in procuring a satisfactory accompanying drawing has hitherto delayed its publication. The severe simplicity and candor of style pervading it, while it reveals. most strikingly ~he intimate extent of personal knowledge, and the deep conviction and strong appreciation of the character described, exhibits, throughout every page, the most authentic attestation to the truth of all the points of view in which it is here presented, by one equally competent to analyze and to portray a character so interest- ing and remarkable as that of poor Cilley. We present, then, the following sketch from a pen whose lighter and more fanciful creations have often charmed the readers of the Democratic Reviewwith no further preface, than to embody the deeply seated feelings of all Mr. Cilleys friends in the exclamation, as an appropriate inscription for his untimely tomb O.uis desiderio sit pudor aut modus Tam can capitis I jJ.Rariden - a n1a a a a a a a an a a~a a a an a a an nn a a ~A.S.White - n n a a a a a a a a a a a a a an n n a a a a a a rJ.Aleander - a a a a a a an a a a a a a a a nn an a a a I J.WAllen, - a a a a an a a a n a a a a a a a a a a a -n a n a a a I.W.K.Bond - a a n a a a a a n n a a a a a a a an a a an a n a n I JOhaney - a a a a an a a a a n a a an a a a a a a a a n a I T.Corwin. - a~a a a a a a a a a a a a a a a an a a a a a a a a ADuncan - a a a a a a a a a a a a a a a a a a a a a a a a a I P.G.Goode - a a a a a a a a a a a a a a a a a a a a a a a a a a a T.L.Hamer - a a a a a a a a a a a a a a a a AHarper - a a a a a a a a a a a a a a a a a a ann an a a a a a W. H. Hunter- a a a a n a a a a a a a a a a a a n a a a a a a a a a 01 DKilore - a a a a a a a a a a ann a an a an a a a a a a a n a I D P. ~eadbetter a a a a ann a a a nan n a a a a a a a n a a a a I A. W. Loomis - a a a a a a a a a a a a a a a a a a ann an n a n a a SMasoib - a a a a a a a an a naa an an a a a a a a a n a I C. Morris - a a a a a a a a a a a a a a a a a a a a a an a n n a a M.Sheplor - an a a a a a a a a a a a an n a a a a a a a a a n J.Rzdgway - a an a a a a a a a a a a a a a a a a~n a a a a a a a a T.Webster - a a a a a a a a a a a an a a a a n a a a a a a a a a a E.Whittlesey - a a a a a a a a a a a a a a a a a a an a an a a a a a YEAS - - - - - 108 91123 119 149 91100 65 130 118 101 81 1k 96 94 8(102 88 140 101 91 99 P27 120 107 81102 123 118 74 86 115 NAYS - - - - 114 131 102 117 8113(132 148 99 106 112 137 111 118 109 13] 120 131 81120 127 123 98 107 40 122 101 91101 141 102 109 MAJORITY OF YEAS - - 21 2 68 31 12 59 29 13 01 1 32 17 6 MAJORITY OFNAYS - - 0~_40 42_32_83 56__3J_22_15_41_18_43 19_28_24 33 761 16 a a a a a a a n a a a a a a n a a a a a a a a a a a n a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a n a a a 9 a 1 a a a 70 ii February, MONTHLY LIST OF NEW PUBLICATIONS. ANNUALS. Swords Pocket Almanac, Church- mans Calendar, and Ecclesiastical Re- gi~ter, for the year of our Lord 1838. New YorkSwords Stanford & Co. iSmo. The Boston Almanac, for the year 1838, published annually. BostonS. N. Dickinson, iSmo. pp. 103. Waltons Vermont Register, for the year 1838. The Astronomical Calcula- tions by Zadock Thompson, A. M. MontpelierE. P. Walton & Son, l8mo. pp. 132. EDUCATION. Practical Elocution, or a system of vo- cal gymnastics, comprising diagrams, il- lustrative of the subject, and exercises, desi~ned for the promotion of health; the cure of stammering and improvement in reading and speaking, by Andrew Coin- stock, M. D., second edition. Philadel- phiaKay & Brother. An Appeal to Parents for Female Edu- cation on Christian Principles, with a prospectus of St. Marys Hall, Green- bank, Burlington, New Jersey. Bar- lingtonJ. Powell. A Lecture on Popular Education, by Philip Lindsley, D. D., President of the University of Nashville. Nashville S. Nye & Co., l2mo. pp. 38. The Mount Vernon Reader; a course of reading sermons, selected with refer- ence to their moral influence on the hearts and lives of the young, designed for junior classes, by the Messrs. Abbotts. Boston T. H. Carter, 18 mo. pp. 162. JUVENILE WORKS. Rollo at Work, or the way for a boy to learn to be industrious, by the author of RoIlo learning to Read, and Learning to Talk. BostonT. H. Carter, iSmo. pp. 191. Rollo at Play, or Safe Ai usements by the author of Rollo learning to Read and Learningtotalk Boston T. H. Carter, iSmo. pp. 191. Interestin0 Stories for Children, illus- trating some of the commandments, with engravings. BostonS. G. Siinpkins iSmo. pp. 102. Stories about London, by a lady. Am- herstI. S. & C. Adams, IGmo. pp.96. Constance Latimer, or the Blind Girl, with other tales, by Mrs. Emma C. Em- bury; published for the benefit of the New York Institution, for the instruction of the blind. New YorkHarper & Brothers, iSmo. pp. 119. LAW. A Treaty on Usury and Usury Laws, by John A. Bolles, Counsellor at Law. BostonJames Monroe, & Co. iSmo. pp. 75. A Treatise on the Law of Evidence in the Courts of Equity, by Richard New- comba Gresly, Esq., Barrester at Law. PhiladelphiaNicklin & Johnson. A General View of the Origin and Na- ture of the Constitution and Government of the United States, deduced from the political history and condition of the colo- nies and States, and their public acts in Congress and conventions from 1774, till 1788, together with their exposition by the Supreme Court of the United States, and rules of construction in relation to such provisions of the Constitution as im- pose restraints on the powers of the States. PhiladelphiaJohn C. Clark, 8vo. MISCELLANEOUS. A Love Token for Children, designed for Sunday School Libraries, by the

Monthly List of New Publications Monthly List of New Publications 70-72

70 ii February, MONTHLY LIST OF NEW PUBLICATIONS. ANNUALS. Swords Pocket Almanac, Church- mans Calendar, and Ecclesiastical Re- gi~ter, for the year of our Lord 1838. New YorkSwords Stanford & Co. iSmo. The Boston Almanac, for the year 1838, published annually. BostonS. N. Dickinson, iSmo. pp. 103. Waltons Vermont Register, for the year 1838. The Astronomical Calcula- tions by Zadock Thompson, A. M. MontpelierE. P. Walton & Son, l8mo. pp. 132. EDUCATION. Practical Elocution, or a system of vo- cal gymnastics, comprising diagrams, il- lustrative of the subject, and exercises, desi~ned for the promotion of health; the cure of stammering and improvement in reading and speaking, by Andrew Coin- stock, M. D., second edition. Philadel- phiaKay & Brother. An Appeal to Parents for Female Edu- cation on Christian Principles, with a prospectus of St. Marys Hall, Green- bank, Burlington, New Jersey. Bar- lingtonJ. Powell. A Lecture on Popular Education, by Philip Lindsley, D. D., President of the University of Nashville. Nashville S. Nye & Co., l2mo. pp. 38. The Mount Vernon Reader; a course of reading sermons, selected with refer- ence to their moral influence on the hearts and lives of the young, designed for junior classes, by the Messrs. Abbotts. Boston T. H. Carter, 18 mo. pp. 162. JUVENILE WORKS. Rollo at Work, or the way for a boy to learn to be industrious, by the author of RoIlo learning to Read, and Learning to Talk. BostonT. H. Carter, iSmo. pp. 191. Rollo at Play, or Safe Ai usements by the author of Rollo learning to Read and Learningtotalk Boston T. H. Carter, iSmo. pp. 191. Interestin0 Stories for Children, illus- trating some of the commandments, with engravings. BostonS. G. Siinpkins iSmo. pp. 102. Stories about London, by a lady. Am- herstI. S. & C. Adams, IGmo. pp.96. Constance Latimer, or the Blind Girl, with other tales, by Mrs. Emma C. Em- bury; published for the benefit of the New York Institution, for the instruction of the blind. New YorkHarper & Brothers, iSmo. pp. 119. LAW. A Treaty on Usury and Usury Laws, by John A. Bolles, Counsellor at Law. BostonJames Monroe, & Co. iSmo. pp. 75. A Treatise on the Law of Evidence in the Courts of Equity, by Richard New- comba Gresly, Esq., Barrester at Law. PhiladelphiaNicklin & Johnson. A General View of the Origin and Na- ture of the Constitution and Government of the United States, deduced from the political history and condition of the colo- nies and States, and their public acts in Congress and conventions from 1774, till 1788, together with their exposition by the Supreme Court of the United States, and rules of construction in relation to such provisions of the Constitution as im- pose restraints on the powers of the States. PhiladelphiaJohn C. Clark, 8vo. MISCELLANEOUS. A Love Token for Children, designed for Sunday School Libraries, by the 1838.1 Monthly List of New Publications. 71 .~uthor of Live and let live, etc., etc. New YorkHarper & Brothers, iSmo. pp. 142. Adversity a Blessing, a narrative founded on fact, by a lady. New York pubiiehed by the General Protestant Episcopal Sunday School Union, ISmo. Reflections upon the present state of the Currency in the United States. Bos- tonEzra Lincoln, Svo. pp. 34. Further Reflections upon the Stale of the Currency in the United States, by C. F. Adams. BostonWin. D. Ticknor, Svo. pp. 48. Selections from the Court Reports, ori- ginally published in the Boston Mornin~ Post, r 1834 to 1837; arranaed and revised by the Reporter of the Post. Bos- tonOtis, Broaders & Co., iSmo. pp ~2. Woman as she should be, by the Rev. Hubbard Winslowalso, Woman in her social and Domestic Character, by Mrs. John Sandford. BostenT. H. Carter. PhiladelphiaEl. Perkins, l2mo. pp. 173. A new Tribute to the Memory of John Brainard Taylor. New YorkJohn S. Taylor, l2mo. pp. 440. NEW PERIODICALS. The Medical Examiner, devoted to medicine, surgery, and the collateral sciences, edited by J. B. Biddle, M. D., and M. Clymer. M. D. Philadelphia, semi-monthly, Svo. pp. 16. Clarks New Enland Bank Note List and Counterfeit Detector. Boston Jo- seph W. Clark, monthly, Svo. pp. 16. The Family Visitor and Academical Register, by John Hayward, authorof the Columbian Traveller, Reli5ious Creeds, & c., & c. BostonWeeks, Jordan & Co., quarterly, l2mo. pp~ 48 South-Western Journal; a Magazine of sciences, Literature and Miscellany, tublished semi-monthly, by the Jefferson College and Washington Lyceum. Natchcz, (Miss.)1Jorace N. Holton, Svo. pp. 16. NOVELS AND TALES. The Clock-Maker, or Sayings and Doings of Samuel Slick, of Slickville. Phil-delphiaCarey, Lea & Blanchard, l2mo. pp. Recollections of a Southern Matron, by Caroline Gilman, author of Recollec- tions of a New England Housekeeper. New YorkHarper & Brothers, l2mo. pp. 272. The Contrast, or modes of Education; by the author of Three Experiments of Living, etc. etc. BostonWhipple & Damrell. New YorkScofield & Voorhies. The Apprentice, containin~ examples and warnings. BostonJames B. Daw, iSmo. Joanna of Naples, by the author of Miriam. BostonHilliard, Gray & Co., l2mo. pp. 213. Worth a Million; Stories from real life, part V. New YorkSamual Col- man. BostonWeeks, Jordan & Co. iSmo. pp. 144.. Yankee Notions; a medley, by Timo. Titterwell, Esq. Just a bit of cold beef; a slice of bread and ale; walk in gentle- men. BostonOtis, Broaders & Co. l6mo.. pp. 256. ORATIONS AND ADDRESSES. The Introductory Discourse and the Lectures delivered before the American Institute of Instruction, at Worcester, (Mass.,) August, 1837; including the journal of proceedings, and a list of the officers, published under the direction of the board of censors. BostonJames Monroe & Co. Svo. pp. 263. Address delivered before the College of Teachers, on the moral dignity of the office of the professional teacher; by Samuel EcIls. Cincinnati, 8vo. pp. 24. Introductory address to the Students in Medicine of the College of Physicians 72 Monthly List of New Publications. Fcbruary, and Surgeons of the University of the State ofNe~v York; delivered November 1837, by Edward Delafield, M. D., Professor, & c. New YorkPublished by the Students. On the Sense of Touch, or Physiolo~y and Philosophy, opposed to Materialism and Atheism; bein~ an introductory dis- course delivered on the 6th day of No- vember, 1837, on the opening of the new Colle~e, in Crosby street, by J. Au~us- tine Smith, M. D. New YorkW. E. Dean. POLITICS AND POLITICAL ECONOMY. Principles of Politic~ I EconomyPart the first, of the laws of else productive and division of wealth; by H. C. Carey, author of an essay on the Rates of Wages. PhiladelphiaCarey, Lea & Blanchard Svo. pp. 342. New System of Paper Money; by a citizen of Boston. BostonIsaac R. Butts, Svo. Pp. 20. THEOLOGY AND SERMONS. AdventA Mystery; by Author Cleveland Cox. New YorkJohn S. Taylor, l2mo. pp. 132. Musings of a Recluse; by John B. Derby. BostonPrinted and published for the author, l8mo. pp. 180. Principles of Interpreting the Prophe- cies; briefly illustrated and applied, with notes, by Henry Jones. Andover. Gould, & Newman. Religious Dissensions; their cause and cure, by Pharcellus Church. New York Gould & Newman, AmherstJ. S. & C. Adams, 12 mo. pp. 400. The Right of the Eastern Diocess to elect an assistant Bishop. Cambridge Folsam, Wells, & Thurston. A Discourse delivered at Walpole, (N. H.) October 31, 1837, before the Sunday School Association, in connection with the Cheshire Pastoral Association, by Ariel A. Livermore. Published by re- questKeene, John Prentiss, l2mo pp. 24. A Sermon preached at the Ordination of the Rev. John T. Sargent, as minister at larb e,in Boston on tlse evenin~ of Oc- tober29eh, 1837; by F. W. P. Green- wood, Minister of Kinds Chapel. Bos- tonWeeks, Jordan & Co., Svo. pp. 3~2. The Primacy of tlse Apostolic See, and the Authoiity of General Councils vindi- catedIn a series of letters addressed to the Rt. Rev. J. H. Hopkins, D. D. Bishop of the Protestant Episcopal Church of Vermont; by the Rt. Rev. Francis Patrick Kenrick, 1). D., Bishop of Arath, and coadjutor of the Bishop of Philadelphia. PhiladelphiaJames Ray, Jr., and Brother. PittsburghJolm J. Ray & Co., l2mo. pp. 359. Rejoice with TremblingA discourse delivered in Bowdoin street Church, Boston, on the day of annual thanksgiv- inc, November 30th, 1837; by Hubbard Winslow. BostonPerkins & Marain. Death and Heaven; a sermon preach- ed at Newark, at the interment of the Rev. Edward D. Griffin, D. D., Novem- her 10th, 1837; by Gardiner Spring New YorkJohn S. Taylor, 8vo pp. 40. Academical Lectures on the Jewish Scriptures and Antiquities; by John Gorham Paifrey, D. D., Professor of Biblical Literature, in the University of Cambridge, Vol. I. The last four hooks of the Pentateuch. BostonJames Mon- roe & Co. New York-C. S. Francis, Svo. pp. 511. AMERICAN EDITIONS OP FOREIGN WORKS. Pretension; by Sarah Seickney, author of Poetry of Life. PhiladelphiaE. L. Carey & A. Hart, pp. 248 and 203. Gentleman Jack; a Moral Essay, by the author of Cavendish. Philadel- phiaE. L. Carey & A Hart, l2mo. pp. 248 and 232. Adventures durin~ a Journey over land to India, by way of Egypt, Syria and the Holy Land; by Major Skinner, author of Excursions in India ; first American edition. Philadelphia-Adam Waldie, l2mo. pp. 359. A

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The United States Democratic review. / Volume 4, Issue 3 United States magazine, and Democratic review Democratic review United States review J.& H.G. Langley, etc. New York, etc. Mar - June 1838 0004 003
History of the Recent Insurrection in the Canadas - Part First 73-87

M ON T H L Y HISTORICAL REGISTER. MARCHJUNE, 1838. HISTORY OF TIlE RECENT INSURRECTION IN THE CANADAS. PART FIRST. State of p rties in Cairod -Riots in Montreal between 1k Sons ctf Liberty and the loyalistsArrest of the popular leadersRescu.e qf prisoners at LangeuilAlarch of the troops upon CkamblyDefensis measures of 1k PatriotsE p ditions *p~ ainst St. charlesMarch of Cot. Gorsfr in Sorel, and capture of Lient. Weir. Repn!se of Cal. Gore at St. DenisDeath of Lisut. WcirBattle of St. Charles Public feeling in Montreal and Ike Cicited Sta.tcsJiletnrn qf Cal. Wetherall, and iriumpleat entry i to MantreolMarcis of Cal. Gore through the disturbed district Views of the patriot leaders, a. d ckaraetcr of Ike inseerrectionProclarnation of Lord Gas/aidMartial law d~ tared, and re ards ojJeredfar the patriotic lead rs AfairatMoores Corner Tiec insurgents 3atleer at ~ra, Breelet. Ix a precedin article in tisis periodical* it t seek redress by the violent national we have enumerated tise prominent con- remedies of insurrection awl r~volution. xtitutional Caues of complaint, which, Yet, although for some months previous existing for so many years between the to the line explosion the exasperated state Canadas and Great Britiass, had at lena is of the public mind in the two great par- produced a degree of soreness and irrita ties into which the country was divided, Lion in the former country, that prepared as indicated by the tone of the press in NaTEIa accordance with the plan which we have hitherto adapted in preparing the Historical Depa ment of the Democratic Review, we have delayed all notice of the recent disturbances in the Canadas, until we could present our readers with such a onprehensive narrative of the whole of these deeply exciting and important events as would be ihund in presene interest, and future value, much more desirable than casu-l and fresuently inaccurate, notices of occurrences as they happened. In executing this task lislit as it v~ we have ex- perienced much difficulty fi n the insufficiency a .d contradictory natnie o~ aor materials and anxio,w as has been our d sire to render the thread of the nan sti e perfe~r macI unbroken, E we are afraid that we have t times failed to give an accoont o~ particolsi occorrences as complete as might be wished. It is certainly as accurate as the ternits wuli n our reach would enable us to make it; and though the facts, as we dud them scattcred through the principal American arid Canadian papers, which formed our only sonices of usformation, are often distorted by party views, or colored to suit the feelings of prendmced writers, we have endeavonred, by b tancing one account with another, to arrive at the truth, and present a nar- rative of the transactions which may be relied upon in its fac and ref rred to in future as a detailed sad authentic account of one of thoce episodes of popular disturbance which are so soon forgotten, and so often misrepresented in Isistory, but which have an abiding influence on the destiny of the people among wham thy occur. * Democratic Review, January, lOSS. Vol. I. pp. 205220. VOL. IV. iP 74 IntrTeCt~Th~ in the CanaJasr [June5 the opposite political interests, howed a a hi~h state of public enthusiasm in favor tendency to the extremity of violence,, its of the proposed measures of reform; and actual approach was not deemed so near, the extent to which this feeling increased at least by the leaders of the liberal or at len~th recipitate that collision of reform party, an the great bulk of the force, which reflectin~ inds had long inhabitants, who were either covertly or deemed inevitable between the parties. openly attached to that interest. For On Saturday., the fourth of November, months the tory party had been calling 1837, the Sons of Liberty had met for a for coercive measures on the part of the public processio , and were proceeding Government, with an nanimity and throu~h the streets of Montreal, when earnestness that in s a cases approach- they were attacked by the Doric Club a ad the ferocious. Lord Gosford, a mode- body composed of the ultra loyalists, and rate and liberal-minded politician, who at a severe skirmish took place. The disturb- first appears to have sought to direct the af- once increa~ed to such a de uree of vio~ fairs of the province by infusing a spirit lence that the military, supported by artil- of conciliation, and enli htened, though lery, was called out, amid the cheers of cautious, reform, i. to his administration the royalists, to overawe the multitude. became odious in the eyes of thi faction, Under their protection the riot act wa and was daily denounced as encoura~ a ~, read, after which the focal authorities sac- if not aiding, the reformers i attempts ceeded in quelling the tumult, and the Son subversive of the British interest in A- of Liberty dispersed. Their opponents, merica. The stron~ band of power was however, emboldened by the presence of earnestly invoked against the obnoxious the troops, were not disposed to let the o~- doctrines of the patriotic party, and any wsion pass witheut some striking proof thia~ short of a decisive rejection of their of their ascendency, and attacked th unreasonable demands, and a proportion- house of Mr. Papineau, which they were ate stren~theninh of the ascendant party, with difficulty prevented from destroying. ~ deemed futile, temporizing, and ab- Less pains were taken to preserve the surd. next object of their violence, and the office The liberal cause, on the other hand, of the Vindicator was in a few minutes was advocated with si~nal energy and in complete possessio of the mob~ The boldness, by a lar~e portion of the press; types were thrown into the street, the and repeated indication had shown it to presses and machinery broken up, and be supported by a heavy majority of the every thiiig relating to tile business of the farmin~ population. In the in al legisla- establishment utterly destroyed. An out- tore, under the guidance of Papinean, rage so nparalleled produced, as might proved to be a popular leader of not less be expected, a hi6h degree of excitement ability than discretion and so adreesa of throu,,hout the city. Tile Vindicator had view, this party had for years maintained become e deared to the people, and identi- a vigorous stru~gle, in favor of the native fled with them, from its bold and able ad- population, a~ inst the accumulated gi-ie- vocacy of their cause, and was, confess- vances of the provincial cotlstitution; and edly, at the head of the press in the pro- lied latterly, from the increasing violence v ince, for the industry, activity, and ta- of its opponents, sou~h to strengthen it- lent with which it ~ as conducted. Re- self still fa her by promotina amoob it newed exertions were made by the liberal members, associations, or~anixed in strict party, to ~teet the spirit now evidently accordance with law, and llavin~ avow- ~rraycd a~ainst them; a d retaliatory edly for their object a speedy and more mea . ores brought on frequent collisions complete attainment of a thoroujl re- between them aiid the excited tories during form, than it were pos ible to hope for the following Monday. Eaaer for excuses flori mdix idual effort. One of the most to authorize more decisive measures than active and numerous of these associations, m oh law, this party broke open a house called the Sons of Liberty, of Mont- in Dorchester street, Montreal, which had real, was e. pecially disliked by the tory been used as a place of rendezvous for the faction, for its influence, extent, and great Soils of Liberty, and three fowliab pieces ~llcacy in keeping alive, in the pro ince. and a banner, used in their processio~ls, l~38.] Arrests ;Rescue of the Prisoners nt Longeuil. the whole armament found on the pre- mises, were ma~nified into organized pre- parations for treason, and formally deli- vered over to the authorities. The win- dows of a Mr. Bradhury, who had shel- tered some of the obnoxiouS reformers, were smashed, arid various other acts of violence committed. These alight commotions, which under other circumstances would scarcely have furnished employment for the town police, or materials for a newspaper para~raph, sufficed, in the hi h state of political ex- citement then existing in the Canadas, to embroil both parties in the guilt and hor- rors of civil warfare; and furnished occa- sion for the effectual repressie , by the Government, of every spark of popular liberty in the provinces. The British press in Montreal called with frantic vio- lence on the Executive for the strongest measures of power. They urged the imme- diate arrest of all the eminent individuals who had for years heen identified with every liberal measure; and some even Went so far as to declare that the Govern- or would hetray the cause of his save- reign, if he hesitated to organize the mili- tary force at his command, end proclaim martial law at once. Lord Gosford did not long hesitate hetween his convictions and his position as a British governor. Rumors of popular disturbance in the district of St. Johns, where the /raliitans had compelled many of the recently ap- pointed militia officers to throw up their commissions, and had disarmed others, who had made theusselves obnoxious to the popular feelin0, by being enrolled in these odious corps, redoubled the activity, or the fears, of the British faction; and on Friday, the tenth of November, a troop of cavalry, with a field piece, were de- spatched from Montreal to intimidate the inhabitants, and repress these popular movements. Th~ report of Capt. Glas- gow, the officer commanding this detach- ment, as to the state of the country through which he passed, caused its reinforcement, by the grenadier company of the Royals, and several considerable additions to the garrison of Montreal were made from the secure fortress of Q.uebec. The Government, deeming itself suffi- ciently strengthened by these precautions, at len~th took the expected and decisive step of arrestin~ the prominent leaders of the popular party; and, on the six- teenth of November. warrants, on the ca- pital charge of hi5h treason, were issued against a large number of individuals in Montreal and its vicinity. Of these Messieurs Andrd Ouimet, President of the Fits de Ia Libertl, J. Dubuc, Fran- cis Tavernier, George de Boucherville, advocate, Dr. Sinsard, and a student of law, Mr. Leblauc, were arrested and com- mitted to gaol. Mr. Papinean, Dr. 0- Calla~han, Mr. T. S. Brown, Rodolphe Desrivieres, Ovide Perreault, and some others, takina alarm, succeeded in effecting their escape; and, in self-protection im- mediately proceeded to raise their adhe- rents. Similar arrests of many promi- nent individuals, among the a ative popu- lation, had been previously effected in quebec, among these were, Aimable Nor- bert Morin, one of the principal directors of the movement party, and whose zeal and influence were conspicuous in pro- motin~ their measures, Mr. Chasseur, the printer of the Liberal, a other of the able, and consequently proscribed, popular journalsof which, the editors, Messrs. Bouchette and Hunter, had previously escapedwith Messrs. Leasre Lechan e and Trudeau. The arrest of their leaders highly ex- asperated the numerous population of the districts round Montreal, who, consisting nearly exclusively, of native French Ca- nadians, avere liberals to a man, and al- most immediately led to the first issue of blood between the parties. A consta- ble, escorted by a small party of cavalry, had been sent, in pursuance of the general system of arrest, to the town of St. Johns with warrants a~ainst Dr. DavVon and Mr.. Demaray, and had succeeded in se- curin these gen tlernen without difficulty; when the insulting indignities with which they were treated so exasperated their nei~hbours, that, hastily assembling in lar~e numbers, they resolved to effect their deliverance. They awaited the approach of the troops, on their return to Montreal, near Longeuil, and when they came up the leader of the party stopped the wa~on, in which the prisoners, besides being ma- nacled, were tied down, as one of theni 75 Insurrection in the Canadas. afterwards described, like pigs in a horse cart~ and demanded their release. He was answered by a pistol shot from one of the cavalry, which brou~ht on a gene- ral attack on the escort, in which their told with fatal effect on the assailants. Their commander, however, Lieutenant Ermatinger, and several others, beina se- verely wounded, and many of the horses disabled, they were compelled to retreat upon Longenil, leaving the prisoners be- hind; and were suffered to go away without farther molestation, though they were so completely in the power of the insur~ents that not one could have escap- ed, had their lives been sought. This occurrence, simple as it was, fur- nished the crisis for which the party into whose hands the executivepower from this time seems to have been surrendered, had lon~ sighed. Blood had been shed. The op- posing interests were fairly pitted against each other in the field. They felt their political rivals were within their grasp, and found it impos ible to conceal their gratification. The Ion,, desired blow is at last struck by the Governmentsays the Montreal Courier in announcing this affray. Blood has at last been shed by the rebels, who now stand unmasked, and fairly subject to the worst penalties of the laws they have insulted. No British sub- ject could desire better things, & c. The other papers emulated this tone. We have reason to hope, says another, that a considerable number of additional ar- rests are likely to be made. The more men the better. And again, No stone must be left unturned to insure the arrest of every man against whom evidence can be found to warrant a fair hope of his conviction. These patriotic and humane aspirations were soon realized to their fullest extent. The very semblance of insurrection sufficed to banish from Lord Gosfords mind all the constitutional sym- pathies of his political school; and a hbe- ral whig aovernor, actin~ under a reform ministry, was seen in a moment to wield all the dread prerogatives of military des- potism with the tyrannic energy of a Cas- tlereagh or a Pitt, and to put in motion in an instant that massive and almost re- sistless weight of power, which the vigi- lant and highly organized system of British administration places so unreserv- edlyeven to the whole extent of the em- pires strengthin the hands of the Exe- cutive on occasions like the present. On the followin,,, morning, Lieut. Col. XVetherall, with a detachment consisting of four companies of the Royals, a party of the Royal Artillery, under Capt~ Glas- gow, with two field pieces, and a compa- ny of th~e Montreal Volunteer Cavalry, under Capt. David, set out for the scene of the late skirmish. It was not deemed advisable at this early stage of military proceedings to dispense altogether with the established precedents of English law, and Mr. Duchesnay, the deputy sheriff of Montreal, and two magistrates, Messrs. P. E. Leclerc and Beliingham, accompa- nied the troops to authorize their move- ments. Their orders were, to march through the disturbed district to Chain- bly, an old French fortress, where a large number of the disaffected habitans were reported to have been assembled, so as to o erawe the neighbourhood, a ad strength-. en the hands of government in that vi- cinity. On theirway,that rich and populous dis- trict bore every where the appearance of a hostile rou ry in possession of the ene- my. The houses were uniformly desert- ed, ~vith the doors and windows nailed up; and, though vigorous search was made repeatedly, neither arms nor inmates could be found. So hasty had been the abandonment, in some instances, that the fires were still burning when the desolate hearths were invaded by the troops;: but with an instinctive dread, which is a melancholy commentary on the cause of their intrusion not even a woman or a child were f(,und sufficiently confiding to trust themselves to their military vi- siters. All had fled; and in a British pro- vince, a British commander, acting under the authority of his government, witness- ed the sad but impressive spectacle of his presence being vie~ved by the people as if a foreign and sanguinary foe had invad- ed their homes, instead of meeting the en- couragement and assistance which the re- co.,nized forces of a paternal government, called in the exercise of their vocation to protect the public peace, and preserve the public tranquillity, had a right to expect. 76 [June, Morch of Col. Gore from Sorel. About six miles from Chambly the mili- tary saw a small party of mounted coun- try people, to whom the cavalry immedi- ately gave chase; and, after a flying skir- mish, in which firing was repeatedly in- terchanged, succeeded in capturing two of the number. On nearin~ Chambly, about sundown, another body of the popu- lace was found posted beyond the bridge leading to the town, and made a precipi- tate retreat on the approach of the troops, who made five additional prisoners. The magistrates now returned to Montreal, and the military took up their quarters at Chambly. The great activity which was display- ed on this manifestation of armed opposi- tion, in all branches of the executive go- vernment, and among the opponents of the native party in Montreal, now fully showed that the keen scent of authority snuffed rebellion in every popular move- ment; and consequently in all its subse- quent measures the administration rush- ed with such alacrity and precipitation into the most violent retaliatory proceed- in,,s, that no alternative was left, even to the most peaceably disposed advocate of reform, between tame submission to the insulting mercy of a bi~oted and intol- erant factionwho never could discrimi- nate between treason and a patriotic ad- vocacy of popular rightand a firm ap- peal to the last resort of arms. Rebellion, foul, dishonoring word, was malignly fastened upon acts which had long been regarded with unequivocal applause by the community; and it seemed to afford the Government and its partisans the highest species of political pleasure, to meet with the sword, as rebels, the whole party whom they disdained to conciliate as pa- triots, and failed to convince as reformers. Arrest succeeded arrest. In Montreal, the gaols were crowded with prisoners of State. The streets resounded with the olang of arms, from citizens stimulated to this battle trial of their loyalty and in- nocence of treason; and the whole city presented an afflictin~ exemplification of the most odious spectacle which any vi- cissitude of political chance can afforda government reign of terror. The patriots prepared to meet the cruel extremity to which they were forced with a firmness adequate to the occasion. The principal stren~th of their cause lay in the devoted French population in the district lyin~ south of Montreal; alon,~ the Riche- lieu, and thither the proscribed leaders who had the good fortune to escape the attempt of the Government to clutch them, imme- diately repaired, and commenced a hasty oraanization of the people. Dr. Wolfred Nelson, Chairman of the Address of the Six Counties, and who carried on busi- ness as a distiller, at St. Denis, fortified his house, and an immense number of the habitans thronged to it as a common point for protection and defence. Mr. T. S. Brown, one of the most active and influ- ential leaders of reform, took the princi- pal management of affairs. He directed a concentration of all the popular adhe- rents at St. Charles, where an old French fort, stronjy situated, was rapidly pre- pared for defence, and afforded a secure temporary head-quarters. The house of Mr. Debartzch, a member of the Executive Council, situated between Chambly and St. Charles, and which, being built in the massive style of an old French chateau, was well adapted for the purpose, was likewise taken possession of hy the insur- gents, and stro n~ly entrenched; the cat- tle on the farm were killed and salted, and other measures taken to render it ca- pable of defence. At St. Charles, Mr. Brown, associated with Dr. Cotfi, soon found himself at the head of a body of above fifteen hundred enthusiastic follow- ers, which was hourly receivina acces- sions from all quarters in the vicinity; and every thin~ indicated an unanimous risin~ on the part of the people. The owner of some wheat on the way to Montreal, which had been seized by the commissariat of this undisciplined force, who had been allowed to proceed, brou~ht the first news of these n,ovements to the city. The Government at once threw off the mask, and as if resolved to take reven~e for years of irriteting popular opposition, determined to visit, with the most ci ical retribution of blood, this the first deviation of the patriots from the ac- customed mode of those harmless clamors for redress which had so long annoyed Canadian administrations. The civic remedies of justice and mercy seemed at 1838.] 77 Insurrection in the Canczdan. once to have lost their power. The exi- gency was beyond all the maxims of a calm and xvise government, and the awful responsibility of meeting a crisis, calling peculiarly for their exercise, was resi~ned to the commander of the forces, Si? John Colborne, a prompt soldier, and exact tac- tician, in all respects admirably qualified to extinguish fot ver these troublesome grievances by t sovereign remedies of the bayonet and the bullet, and who, with- out loss of time, took his measures accord- in~ly. The 1ar~e garrison of Montreal was immediately or,anized for full military service. The volunteer corps were plac- ed on war duty; and a campaign, with the whole regular force in the city, was resolved upon a~ainst the disturbed dis- trict. Lieut. Col. Wet rail, stationed at Chambly, and atron~ly reinforced, was directed to march upon St. Charles, on the twenty-second of December, and disperse the patriots, by the summary process of military assault while another detachment, under the command of Licut, Col. Gore, was ~ot ready, with the inten- tion of proceedin~ down the river to So- rel so as to co3perate against the same point from the opposite direction, and thus enclose the insur& nts simultaneously be- tween two hostile fires. This detachment, about to enter on the first hostile service in which any portion of the British army had been engaged for years, was the first brought into collision with the people. It left Montreal, on the evening of Wednesday, Novembem 22nd, and consisted of two companies of the 24th regim ent of British Infantry, under Lieut. Col. I-lu hes; the Li ht Company of the 23d. under Capt. Markham; one Company of the 66th, under Capt. Cromp- ton; and a company of artillery, with a small body of cavalry, and a howitzer; they zere al o accompanied by two n~agistrat~s, that their proceedings might not ~vant at least the color of law. This expedition proceeded down the Saint Lawrence about forty-five miles, to Sore1, on the river Richelien, in the steamboat St. Geor~ e. Here they landed about ten oclock at night, and immediately, in the face of the most inclement ~vea- ther took up the line of march for the hostile district. The rain fell, during the whole night, in torrents, and it was with difficulty that the men were able to force their -ay, through mud knee- deep, and over roads entirely broken up with rain and f ost. On the way they found all the bridges destroyed, but met with no other opposition until about noon of the followin~ day; when an un- expected accident~ which had made the patriots aware of their advance, brought them into direct conflict with a powerful body of the rand inhabitants, by whom they were completely checked, and the sa-imediate objects of the expedition frus- trated. Lieut. Weir, of the 32nd re5iment, had been sent from Montreal, by land, with despatches for Col. Gore; but reaching Sorel after the expedition had departed, he hired a caleche and set off with a view to overtake them at St. Charles. There are two parallel roads from Sorel, which converge four miles from St. Ours, on the upper of which, lying by the river Riche- lieu, the troops had marched. Lieutenant Weir, by mistake, took the other, and travelling much quicker,passed them, and arrived at St. Denis, a small villa~e on the south bunk of the river, about seven oclock next mornin,. His expressions of surprise at not seeing a y soldiers, was the first intimation to the inhabitants of the hostile array which was approach- tug. He was immediately detained and searched, and the important intelli,,ence which he bore communicated to Dr. Wol- fred Nelson; who, with a promptness and energy adequate to the occeasion, called out she villa~ers em m a , and prepared to dispute the pa age of the troops. After a most fatignin night march of more than t elve hours, the cavalry fortn- tng the advanced guard of the detach- ment, reached St. De is, and found to their surprise a lar~e number of the in- sur5ents posted to receive them. As the horsemen came up th y were fired upon from the houses and sides of the road, and instantly fell ha k upon the main body. The entire force was then brought forward, and, after some severe skirmish- ing in which several on either side were killed and wounded, they succeeded in clearing the houses a d barusof their as- [June, Battle of St. Cliarleg. sailants. The main body of the patriots was stationed in a lar~e and stron~ stone house, ne~ r the entrance of the village, from which a aim ,, and spirited fire was kept up on the troops. Col. Gore di- reeLd the fire of his howitzer a~ainst this building, but such was the spirit and ob- stinacy with which the patriots continued their fire that he was compelled to retreat, with the loss of his howitzer, and hav- ing had seven or eight men killed, and about as many wounded,amon~ whom was Ca . Markham. The eamboat Varennes, which had been ordered to fol- low up the river Richelien, to support the troops with supplies of provision a d am- munition, was attacked by the populace at St. 0 rs, about nine miles below St. Denis, and driven back; and the troops were consequently compelled to make their retreat in wretched pliaht hack to Sorel as they best might, many of them having lost their shoes in the mud, their artillery, and even wounded comrades havin~ been left behind, and all be- ing utterly fatigued and disheartened. They however reached Sorel in safety, having m upon their way a considera- ble reinforcement from Montreal, sent down in consequence of the despatches which had been forwarded with the re- cult of their operations, and which it was deemed more prudent should retrace its steps with the detachment it had come to succour. Their courage and firmness in this ac- tion cost the patriots a much heavier loss than their enemies. The murderous dis- charge of the howitzer into the large build- ing, which was crowded with men, occa- sioned a profuse and melancholy destruc- tion of life, and many others were killed and wounded by musketry in the course of the affair. The entire number hasheen variously estimated, and probably was not far short of one hundred personsa fri~htful carnage, which few will be har- dy enough to say was rendered indispen- sable by any political necessity. Al- though this action was attended with this heavy loss to the undisciplined pa- triots, still h was successful, and exert- ed a proportionate influence on their cause. A. formidablebody of royal troops, forming part of a combined military ope ration, of the highest importance, bad been successfully intercepted, and com- pelled to make a retreat so precipitate that even the succo rs sent to their assis- uce were found insufficient to retrieve tlse disaster, and retro~raded with them. The friends of the popular cause were hi~hly stimulated; and serious fears of a protracted warfare were entertaiaed even lay the most sanguine of the government adherents. It is to be regretted that the success of the day was tarnished by one of those a- ecitiee, o often connected with popular outbreaks, that they have come to be con- sidered as insep rable from them, by their foes, and have certainly injured incipient revolution eve more than they have st~ med it. As soon as the approach of the troope was ascertained, the patriot leader, Dr. Nelson, deemed it proper to remove the prisoner, Lieut. Weir, to a place of greater security, and he was placed under4he char~e of one Jalbert, a captain of militia, and sent forward, in a wagon to the head-quarters, at Saint Charles, with an escort of four other Canadians. He was treated with all possible attention; and his guardians received positive orders, only not to permit his escape. Having been abusive to his captors for presuming to detain him, and being a large and powerful man, his arms had been pinioned; and they were proceedin~ towards St. Charle , when the noise of the firin~ at St. Denis stimulat- ed the prisoner to attempt his escape. After a ~hort scuffle he loosened one of his arms, jumped from the wa~on, and coin- menced munnin ~. He was fired at by tlse 0ards, ~ ho followed in hot pur- suit, soon overtook him, and on his ma- king all the resistance in his power, he was finally killed in the struggle, and al- most hacked to pieces witls the various weapons of his assailants. His body was thrown into the river, art d when soon afterwards discovered we, taken to Mon- treal, and there hem ~, interred with all the pomp of a funeral ovation, served the ene- mies of the popular cause with abundant materials for awakening the old British horror a~ainst Frenchmen, jacobins, and blood-thirsty revolutionists. The alarm was sedulously propagated that a war 1838.] 479 Insurrection in the Canadas~. of races had commenced a~,ainst the Bri- tish population; and that, should the pa- triots succeed, their affinity to the country of Robespierre and Danton, would suffice for the establishment, in Canada, of the guillotine, and its feeders, the revolutiona- ry tribunals. The revolting details which this event furnished an occasion of dif- fusing, were certainly not without an in- fluence on the public mind, both in this country and Canada, injurious to the cause of the patriots, thou ab its occur- rence was purely an accident in the main features of the revolt, and, apart from its manner, so clearly justifiable by the code of war, that it would have been inflicted by any belli~erent under similar circum- stances. The British most fully acted upon the principle ehrou~hout the whole insurrection~ and for this one instance of military death inflicted by the Canadians, under the supreme provocation of the at- tempted resistance and escape of a pri- soner of ~var, they, times without num- ber, shot down the defenceless habitans who, without surrendering, had thrown away their arms, and fled in the wretched hope of preservin,, life and safety alone. Justice, as an historic rule, is surely mu- tual; and if the British fasten the crime of assassination on the Canadians for the death of Weir, their own hands and cause are trebly polluted with murder, unatoned and inexcusable, in its very foulest form, and of awfully ag~ ravated extent. The other expedition against Saint Charles, under Col. ~Vetherall, left their previous station at Chambly, in pm su-- ance of their instroctions, at the same hour and day at which Ccl. Gore had pro~eded from Sorel. This force was much stron~er, however, consistin~ of four companies of the Royals, two com- panies of the 66th, two pieces of artillery, and a small body of cavalry. The diffi- culties in their night march, from the weather and roads, so retarded their pro- gress, that they only reached Rouville, which is about seven miles from Saint Charles, on the forenoon of Thursday. There finding the bridge removed, they were forced to encamp for the ni~ht, and the following day was likewise spent in refreshing the troops and obtaining infor- mation. On the morning of Saturday the whole force, reinforced by an addi- tional company of the Royals, which had followed them from St. Johns, and now amountin~ to between three hundred and four hundred men, reached St. Charles, and found the insurgents, who e numbers have been variously estimated at from two to three thousand men, strongly post- ed and intrenched. This large multitude was entirely undisciplined, most of them quite unacquainted with arms, and the whole appear to have had no distinct or de- finite plan of action. Yet no effort at paci- fication was made hy the powerful force of trained soldiers, armed for their de- struction, who now advanced upon them. The re ult of the conflict that ensued may be readily ima~in . Although a spirited fire from the patriots at first checked the troops for a considerable time, and even threw them into confusion, yet the force of discipline and superior armament at length prevailed, and the rout was com- plete at every point. The merciful idea of subjugating the deluded crowd, so completely in his power, with the least possible effusion of blood, seems to have never occurred to the commander of the British troops. Panting for the applauses of the intolerant faction whose hopes and spirits drew an exhilaratina nourishment from the aggravated wretchedness of these profound national calamities, the Conqueror of St. Charles flanked his ope- rations by murderous discharges of grape from his cannon upon the crowded pea- santry, and added to the havoc of the bullet and the cannon-ball, the direct carna~e of the bayonet and the torch. They fought very well, says the cool narrative of an eye-witness of the trans- action, writin to a New York paper, until they were char~ed by the bayonet, and then the butchery was dreadfnl. TJp- wards of one hundred were in a barn, full of hay and straw, which was set fire to, and they were burned alive or smoth- ered. The malcontents lost, at least, five hundred men by shot, fire, and water. Another account states that nearly one hundred men were driven into the river, and perished. The village of St. Charles was entirely destroyed in the attack; the houses having been almost all fired by the soldiery. It was stated in the Montreal 80 [June, 1838.] Public feeling in Mo7ztreal and the United States. Courier that hot shot was used by tbe ar- tillery in making the attack; but a fact so monstrous really seems out of the bounds of probability. Wetheralls victory was not, however, in all respects decisive. At tbe close of the action considerable numbers of the patriots, attracted by the firing from the neighbourin districts, poured into the scene of action, and enabled the broken force of the villagers to rally with such effect, that the British commander deemed it best to content himself with the advan- tages already gained; and, with the pri- soners he had secured, he retreated to Rou- ville, without attempting any farther pro- secution of his victory, or venturing an attack of the force at St. Denis which had defeated Col. Gore. While these operations were going on, the utmost alarm and anxiety prevailed at Montreal. The defeat of Col. Gore, and the absence of intelligence from W~etherall, occasioned by the disturbed state of the country, produced an abundance of terri- fying rumors. The specie from the banks was sent to quebec, and several thousand stand of arms, with supplies of ammuni- tion arrived in return from that city. The gaol, crowded with prisoners of every rank, was fortified, and every outlet to the city barricaded but four; and above two thousand volunteers, folly armed and equipped, were called into service. The utmost anxiety prevailed with regard to the course that the United States would probably take in the troubles, as entirely decisive of the contest. It was known that the citizens all alona the frontier line, true to the natural sympathies of freemen were enthusiastically interested in favor of the patriots, and this feeling gave such an immense weight and moral power to the liberal cause, that it was deemed of the utmost importance to dissipate it, at least, as a general fact, in the present junc- ture of affairs, and before there could be time for disclosin~, the true sentiments of the American people at large. In Mont- real there reside a considerable number of American merchants, who, of course, were stron,ly interested in the continuance of peace and public order, and a still larger nuniher of individuals descended from tories expatriated in the proaress of the American revolution, and who appear to have transmitted their love of British rule to their posterity, with their principles. There was, therefore, no difficulty in get- tine up a meetin~ which, in the words of its call, comprehensively embraced all citi- zens of American Origin, for the pur- pose of counteracting the dangerous ten- dency of this American sympathy, and of expressing their conviction that the be- lief which was admitted to exist among the disaffected ; that their cause met with the sympathies, and was likely to receive the support of the inhabitants of the United Stateswas unfounded, and who could pass resolutions pledging themselves to counteract, by constant and earnest effort, the desi~nsof the trea- sonable and seditious, declaring that all analo~y between the American revolution and the present attempt to resist a mild and equitable local government, was not only totally unfounded, but perversely false ;and who further, actuated by a patriotic desire of preventing the practice of a gross and wicked imposition on the citizens of their native, to the prejudice of their adopted land, could pled5e them- selves to ~o any length their rulers could desire in defence of their alle iance, and for the restoration of the former state of things under the royal government. As the news of the insurrection, how- ever, spread into the States, an enthusias- tic unanimity of public opinion in favor of the patriot cause forever vindicated the word American from the degradation of even a moment s association with the sentiments thus volunteered in behalf of the country. In Middlebury, Burlin~ton, in St. Albans, Buffalo, Albany, Troy, Rochester, New York, and almost any city and town of note, in the States bor- dering on the Canadas, public meetings were held, at which the warmest resolu- tions of sympathy and support in favor of the patriot cause were adoptedend in the places more immediately contiguous to the frontier, no considerations of nation- al policy or discretion could prevent even the most active assistance to the ins~- gents. Money, provisions, ammunition, and clothing, were collected. Volunteer corps were organized, and committees were appointed to distribute these supplies 81 Insurrection in the Canadan. to the best advantage. Every trace of the unpleasant recollections engendered by the embittered border hostilities of the late war, was in a moment obliterated by the generous sympathy of freemen, for an at- tempt, so boldly, thouc,h hopelessly made, to secure the inappreciable ri~ht of self- government, and to defend the most sa- cred rights of men against the parricidal tyranny of a le~al government which sought to suppress them. On the twenty-eighth Col. Wetherall continued his retreat to Chambly. On the way, an attempt was made to inter- cept him at Point Oliviere, by a lar~e num- ber of the insurgents, who were so badly organized, that a few discharges of mus- ketry sufficed to put the whole to fli~ht, leaving two small ship cannon behind them, after which he appears to have met with no further opposition until his arrival at the city. The return of these victorious and ~al- lant troops to Montreal, which they reach- ed on the thirtieth of November, was sib- nalized, if we may credit the papers of that city, with the formalities of a Roman triumph. It is apity to spoil the language in which the procession was recorded at the time. It was an interestin ~ sight, says the Montreal Courieb to the hun- dreds who crowded on the wharf to wit- ness it. The cavalry landed first, two of them carryin~ the Liberty pole astd cap erected at St. Charl~s, at the meetingof the six counties, with its wooden tablet bear- ing the inscription A Popineau p r ses coitcitoyeits reconaoissaits, the former fragment of the spoils looking sadly like a fools cap on a barbers pole. The artil- lery followed, with the two little guns ta- ken at St. Oliviere, in addition to their pro- per armament. After them rode the corn- mandie.~ officer, followed by the band of the Royals and the infantrythe first company of whom escorted the prisoners, thirty-two in number. The happy sarcasm in the above ac- count must have been wonderfttlly height- ened by the reflection, that the simple but significant monument ofpopular gratitude which was its objectthat was purcltased for that unfeeling parade by a destruction of human life that appals the heart guarantied, by its presence, the suppres sion of the treasonable feelings of which it was the emblem, by the almost utter extinc- tion of the simple race who committed the enormity of induleine, them by its erection. It is to be hoped that the pleasin~ emotions it must be calculated to excite in the breast of all loyal tories, may be gratified in fu- ture time, by havin~ an offerine, so credit- able to the national arms, deposited in that proud fane of British glory, where the tattered ensi~ns of extinguished rebels in Ireland, and of blood-httnted covenanters in Scotland, wave over the tombs of sleep- ing monarchs in melancholy conjunction with the vir_ in standards of Bunkers Hill, and the trophies of such days as Trafal- ar, Cape Vincent, and Waterloo. The detachment of Col. Gore, left, since his defeat, inactive at Sorel, was now re- inforced with all the disposable force at Montreal. Two field pieces, a supply of congreve rockets, which it may be fairly presumed would prove as effectual in fir- ing cottages, as in the destruction of be- leaguered citadels, with a body of the Royal artillery, the Li6ht Company of the ~4th, under Capt. Maitland, three compa- nies of the 3~nd, under Capt. Brown, one company of the 83d, under Cnpt. Eimsley, and a squadron of the Montreal Cavalry, amountin alto ether, with those already at Sorel, to a force so formidable, that it seems to have occasioned uneasiness in the minds of some who thought that enough of blood had not yet been shed, lest it mie,ht disappoint their hopes by overawine, resistance. We are not san- guine enou~h to expect tha. any ree,ular opposition will be attempted, is the sin- e,ular lan uage, certainly \varrantin~ such a conclusion, in which the Montreal Jour- nalist announced its departttre. It is, however, gratifyine, to record that these humane expectations ~vere fulfilled, and the expedition marched through the whole of the hostile district without opposition. They made two prisoners at the village of St. Ours, M. J. Dorion, a member of the Provincial Parliament, and Mr. Louis Mogfi, a captain of tuilitia, who were sent with their fellow sufferers, to the gaol of Montreal, on the charge of Itigh treason. As they entered St. Denis, the villae,ers retired before them, and left these heroes to take unmolested revenge forthemortifica S2 [June, N Views of the Patriot Leaders. tion of their former repulse. The private house of Dr. Woifred Nelson, and that of his partner, in business, Mr. Descham- bault, after being thoroughly plundered by tbe soldiery, were set on fire. The exten- sive distillery and outbuildings of these gentlemen, witb much valuable machin- ery, sbared tbe same fate. The taverns of the villa~ e and some otber houses whoee owners had rendered themselves obuox- ions, were also destroyed. They likewise recovered the gnu tbey deserted in their former visit, and tbe wounded companions they bad left behind at the same time. The trophies and munitions of war seized upon tbe occasion, consisted of about four thousand busbels of nod oats and barley, a new steam engine, belonging to Dr. Nelson, valued at two thousand pounds, and various private chattels, estimated, in all, at nearly sixty thousand dollars, which was divided among the captors as prize money. They then continued their march to St. Charles, and along the courseof the Richelien, leaving stron garrisons in the several villages where the patriotic spirit was known to be most rife. The seizure of Dr. Wolfred Nelsons papers at St. Denis, it was expected would implicate many distin~uished re- formers much more deeply than the reality evinced. The most important among these was a letter from Mr. Papin~aa,in which, however political bigotry might make it rank with treason, it is impossible not to perceive a candour and unsuspecting frankn~ as, combined with a moderation, that force on the unprejudiced mind an ir- res~stihle conviction of the honor and poli- tical integrity of this upright man, utterly remote fro:vi the bloody intentions of which lie was accused. After spealting of the strong discontents in Upper Cana- da, occasioned by the unequal representa- tim of the province, he goes on to say, as ~ find the letter translated in the New York Courier and Enquirer, a journal in no respect friendly to his cause. I see that with them, as with us, with- oat concert, and without a comparison of views, t heir youn~ men are procurin~ urns, an d accustomin~ themselves to their use. The excitement is intense. They wish to send a deputation of seven mem- bers to a convention, or ,as they call it, a Congress of the two provinces, in which they should prepare a project of a purely democratic constitution, and tell En land that this is what we must have under her administration, if we have justiceand independently of her if she will not con- cede it. As for myself, I am of opinion that our plan of non-consumption and agitation, which will render the expenses of the colony more burdensome to Eng- land by the necessity of an increased mili- tary force, and the diminution of her com- merce, is by far the best policy to pursue for the present. Continue to push it as vigorously as you can. To wish for a permanent standin~ army and a large in- crease of the re~ular soldieryand to re- commend measures which would render this necessary, and awaken the vi~ilance of authority, is certainly a new develope- ment of treason, and a very probable method of overturning an established gOv- ernment. Another proof of tlmc exterminating trea- son hatching by the patriots, not merely against the Government, hut the lives of the whole British race, was found and ex- ultingly announced in the following child- ish remarks from a son of Dr. Nelson only fourteen years of age, writing from school to his father. I wish, he says, that it will do well and without any noise, which I hate very much, except with the other side. I be- lieve that the prediction by that man miamed Bouraeoi, will be accomplished, which is, that tIme province would be all covered with blood and dead bodies. On this school-boy letter, and capable of an interpretation, so obviously inno- cent, the Montreal Herald was not ashamed to make the infamous remark, even at a time when the oxntlemnan thus a spoken of was in gaol at Montreal; and as another Montreal journal lies it, through the culpable leniency of the Government? uselessly fattening for the gallows, that death on the scaffold is the best ex- ample that such a father can dive to such a child. The wbole causes and extent of the in- surrection were now in fact, plainly dis- cernible, and the tyrannical severity of the colonial goveenment, stood darkly forth to tIme eyes of all refiectin,, men, as utterly 1838.] 83 Insurrection in the Canadas. unjustifiableexcept on the principles of a code of policy, which it would be dis- honor, in the present age, to associate with the name of governmentas they were awfully unnecessary. The plea of self- preservation cannot be used, as an excuse for the remorseless cruelty with which it made its ti~er spria~ upon the defenceless population, guilty only of the crime of seekin~ the political re~eneration of their native land. All that had been done says one of the ablest journals in the A- roerican Unionand, which did itselfhigh honor by the candor and ability which it treated the Canada difficulties throu~hout. in reviewing the events we have recapit- ulated, prior to the issuin~ of secret or- ders by the government against some of the best and purest men in the province, was through peaceable and public assem- bla& s of Usc citizens. They conceived that they had great and cryin,, 0rievances to complain ofoppression and insolence had driven them to public declarations of what they conceived to be the invasions of 6re at and unalienable rights and to the abuses of powerbut they had resorted to no violence, or menace, or organized hostility, beyond that of assembling in a public and constitutional manner. In this respect, they had not proceeded so far, by half as is every day permitted in the mo- ther country, and is justified, and indeed guarantied by the British constitution. The first exhibition of the popular feel- ing, beyond these peaceable and le,,,al as- seiisblages of the people, was caused by tise arrest of Dr. Davignon and Mr. Dc- maray, on a charge of high treason, at St. Johns. These citizens were not only ar- seated and their dxvellin,,s invaded by a hired soldiery, but they were carried to- wards Montreal by a circuitous route in an open xva~on, thirty-six miles, (when they might have been taken by the rail- road in a few hours,) their hands and feet in irons, and with halters roaisd their bodies! Such an outrage naturally exas- perated the people, their neighbours, and they gathered on the route, and rescued the prisoners. This was followed, not by a general rising of the people, but by the muster of government troops at Montreal. by the issuing of additional warrants, by nume- rous arrests of unarmed and unoffending citizens in every direction, and by sending bands of soldiers to enforce the arrest of Dr. Nelson and other proscribed citi- zens, whose neighbours had assembled in the vicinity of St. Denis and St. Charles, (the former the residence of Dr. N.) and resisted the execution of the warrant which they well knew, if allowed to be enforced, was a sure prelude to the igno- minious and violent death of one of the most public-spirited and valuable citizens of the province. A small portion of the farmin,, popula- tion of the province, did, under these cir- cumstances, resist the approaches of the government troops, with a bravery, and, at St. Denis, a degree of success, which nothing butahi h sense of the wrong and oppression could have induced. But here resistance ceased. The people returned to their homes; and their leading friends, driven from their country and families by charges of treason, and large sums offered for their apprehension, have sought a re- fuge, in several instances, in the American territory. Take for instance, the sin~le ens. of Mr. Papineau. lie is either concealed in the province, or an exile in these States. This gentleman, beloved for his many virtues, of great private and personal worth, of large fortune, for the last twenty successiVe years elected Speaker of the Assembly by nearly the unanimous votes of the representatives of the people, and known to all who have visited the Cana- das as not less the liberal and enli~htened advocate of the rights of the people, than the disinterested and able friend of human- ity, Isas been charged withs hi,,h treason, and a price set upon his head! And yet, so far as we can learn, nothing has been or can be brought a~ainst him, except that of peaceably assemhhin~ with his fellow- countrymen; and of urgin~ and counsel- hog what were conceived to be essential political reforms in the government !, * It is important to bear these facts in * Atbany Argus, Dec. 15, 1837. We must also associate this New York Express in the hsonorshle praise with which we have introduced the above extract. 84 [June, Proclamation of Lord Gosford. mind, to obtain a correct view of the rela- tive position of the parties. In fact, we believe that the strongest and most plausi- ble argument which the friends and advo- cates of the measures we have been de- scribing have been able to advance, is, that Revolution and Independence were certainly contemplated as the future de- signs of the reform party; and that the Government by forcing them into prema- ture insurrection, and beina thus enabled to employ force in effectually crushina their projects, whatever they mi~ht he, in their minutest embryo, acted with a mas- terly policythe full benefit of which, to their cause we are not disposed to dis- pute. The inhabitants who had abandoned their homes, on the military occupation of the district of Six Counties, by Col. Gore, retired more from terror and de- spair, than with a view to any concerted action, or ultimate object, to the north of the river St. Lawrence, on the opposite side of Montreal, where common feelings of sympathy and oppression had banded the entire population in their cause. Thither all thought of resistance, or oppo- sition, in any other quarter being at an end, the Executive prepared to follow them. Thus, within the short space of ei,,ht days, have forty-five miles in extent of the most populous and wealthy portion of this district been traversed in arms by Her Majestys troops, is the triumphant language with which the Government journal, of Montreal, sums up the result of this brief campaign. Language which, for point and effect, might be used by Southey or Napier, in recordin,~ the most brilliant events of successful war ngainst a foe, and on a field where mili- tary glory might indeed be won. Lord Gosford followed up these military operations by issuing, on the twenty-ninth of December, a proclamation to the habi- tans, urging theto to return to their allegi- ance, and callin5 upon all loyal subjects to continue steadfast in their preparations to maintain the authority of the Sovereian, and counteract the treasonable desi~ns of the disaffected. In this document, the Governor reminded the people of a bless- ing of which the experience of the last fortnight had both sufficiently proved the benefit and the end, that the expense~~ of their military defence was defrayed by Great Britain; and summed up the Executive opinion of the patriot cause in a few words, by saying to the people, as a finale, but the demands of your leaders are insatiable, the lan~aage of re- form has speciously concealed the designs of revolution,of course sufficiently jus- tifying himself for all the overt and un- concealed aggressions against life and lib- erty, to which he had so unscrupulously re- sorted. This proclamation, however, con- tained only exhortations and threats, and was, therefore, far from satisfactory to the party whose warmest visions, if we might judge from the tone of a portion of the Montreal press, were of gibbets and hal- ters, and who exclaimed a~ainst delaying the trials of the State prisoners as a want of State economy in only keeping trai- tors to fatten them for the gallows ! It was derided as inane, temporizina, and weak, and the Governor himself, who could issue it at such a time, was scorned as our miserable ruler. Such repre- sentations were not without their effect upon Lord Gosford; arid on the fifth of December, he proclaimed martial law in the district of Montreal, and committed the execution of his decree, for good or evil, to the unscrupulous conscience of Sir John Colborne, by death or other- wise for the suppression and punishment of all rebels in said district. At the same time, he resorted to the horrid inca- sure of placing a price on the head of such leaders of the patriot cause as had not been arrested; and his proclamation to this effect only differed from the similar re- volting measures of exploded despotism, by leavin~ the usual phrase dead or alive, as a condition of their delivery, to be supplied by the captors, according to circumstances, and their understanding of the warrant authorisin the unnatural prize.* This proclamation was so far sue- 1838.1 * Tire following are the ,,entlemen to whom this high compliment, so much more honoura- hIs than many a patent of British peerage, was paid. One thousand pounds sterling (near five tirmeand dollars) for Louis Joseph Papinean. Insurrection in the Canadas. cessful as to cause the arrest, soon after, of Dr. Woifred Nelson, who, in endea- vourin,, to make his escape after the de- feat of St. Charles, had endured such in- credible hardships for nine days in the woods, that he died soon afterwards in prison from their effects, and of Mr. Pierre Amiot and Dr. Alphonso Gauvin, who were all, of course, consigned to the common gaol. The last struggle of disturbance in the country south of Montreal, was met and put down with equal spirit and success by the loyal inhabitants of the province themselves, acting as volunteers. A body of above two hundred of the insuraents had retired across the line of the United States to the town of High~ ate, Vermont, where they had been leisurely organized and armed, and on the sixth of December, ~vith two cannon, and escorting a con- siderable supply of arms and ammuni- tion for the rebel service, they entered the province with a view of securing the vil- lage of Philipsburgh, and thus openin0 the communication with LAcadie, where there were many partisans of the cause. Capt. 0. J. Kempt, of the Shefford Volun- teers, being apprized oftheir intention, has- tily raised a number of the neighborin inhabitants, who were attached to the Brit- ish connection, and met the invading force at Moores Corner, about two miles and a half from Philipsburgh. A sharp skirmish ensued, which ended in the defeat of the in- surgents, leavin~ theircannon, a large sup- ply of bullets and powder, and about se- venty muskets, with two standards, in possession of their victors. This party was headed by Julien Ga~non, of LAca- die, whose nephew was wounded and left behind, and Robert Shore Milnes Bouchette, of ~uehec, editor of the Libe- ral, published there, and a very influential persona~e in his party. The latter was severely wounded, and fell also in the hands of the victors. This effective little skirmish, slight as it was, showed such a spirit among the Canadian loyalists as served to check, effectually, farther de- monstrations of hostile invasion from this part of the United States frontier. In the county of Two Mountains, on the river Ottawa, above Montreal, the stricken insurgents driven from their resi- dences by the victorious troops, made their last stand. The progress of events since the commencement of hostilities had contributed to swell this multitude gradu- ally to a considerable host. The most of them were kept toaether by a warm feel- lO~ of attachment to the cause of their party, and many others were drawn to the mass from various motives of fear or curiosity, and some doubtless to improve the opportunities such occasions always present to adventurers, to promote unjus- tifiable designs by suitable means. The leaders of the multitude were not exactly known; but a Swiss officer named Girod exercised a principal military authority, and was very active in drillin a the men to some kind of military exercise; Gironard, a member of the provincial parliament, al- so held a prominent coinmand; and there were besides among them many of the proscribed leaders of the reform party who, if they ever even entertained any other ul- timate objects, now really seem to have re- sisted the exterminating measures of the Government in self-defence alone. The principal forces of the insurgents being stationed at the village of St. Eu- stache and Grand Brul~, two companies of the 32nd re0iment, and a detachment of volunteer c~ valry, were sent, on the fourth of December, to Isle Jesus, for the purpose of taking such a position as would enable them to maintain a commu- nication between head-quarters and the Five hundred pounds each, for Dr. Woifred Nelson, of St. Penis; Thomas Storrow Brown, of Montreal; Edmund B. OCallaghan, of Montreal, M. P. P.; Joseph T. Drolet, of St. Marc, M. P. P.; Jean J. Gironard, of St. Benflit M P P William H. Scott, of Sh Eustache, M. P. P.; Edward E. Rodier, of Montreal M P P Am ury Girod, an alien; Jean OChenier, of Two Mountains; And one hundred poands each, for Pierre Paul Pemaray, of St. Johns; Joseph Francois Davignon, of St. Johns; Julien Gagnon, of LAcadie; Pierre Amiot, of Vercheres, M. P. P.; Louis Perrault, of Montreal; Dr. Alphonso Gauvin, of Montreal; Louis Gauthier, of Mon- treal; Rodoiphe Desrivieres, of Montreal. 86 [June, 1838.] Upper Canada. 87 lake of the Two Mountains, and Sir their last strong hold, set aoout organiz- John Colborne, reserving to himself the ing an expedition on such a scale as trlory of finally suppressin~ the rebellion would prevent the possibility of failure. by driving the revolted peasantry from PART SECOND. Upp~ CanadaSir Francis head and his policy JJ7 L. MackenziePlan qf the in- tended revoltMarch Qf the Insure ents to TorontoProceedings qf the Executive, and defeat qf the rebels at Month ornery houseSubsequent measures q/ the Governor Departure qf the army under Sir John Co/borne for St. EustocheDescription of the villa~ e Tot at d~feat of the insurgents, and destruction q/ their housesProceedings at St. Beni it, and return of the troops to JklontrealI?cmarks ore the Insurrection Proceedings in the United StatesBuffaloNary Islandand the army qf Volun- teers The CarolineDebates in Con0 ress and the British ParliamentAmericrsr& ExpeditionsLord DurhamConclusion. While Sir John Colborne was yet or- gsnizin0 his expedition against the few insur~ents of Lower Canada who sur- vived the bloody doings at St. Charles, intelligence was received of events at To- ronto, which proved that the whole pro- vince of Upper Canada had all but slip- ped through the fingers of its British ru- lers, and that it was mainly indebted for its connection to the empire solely to the indiscretion and timidity of a few indivi- duals quite unworthy of the crisis which they had brou0ht about. With the same general causes which produced the prevalent dissatisfaction throughout the lower provinces, there ~vere several circumstances that aye a peculiar and even deeper character to the discontent ofthe inhabitants of Upper Ca- nada. These ~vere embodied in a De- claration of Grievances, dated July 31, 1837, in which the British Government were given distinctly to understand that revolt would be the consequence of the measures the colonial Executive were pur- suin~, if much longer persisted in. Sir Francis Head, thou0h an accomplished litterateur, when placed in the administra- tion of the province soon proved himselg in many respects, unfit for his position as a ruler. Weak, vain, and self-confident, he knew not how to deal with principles in stemming the stormy elements of political opposition. He became in consequence, the leader of a party, atid his policy soon exhibited a character so variable and in- sincere, that ha forever forfeited the confi- dance of a large majority of the popula- tion: while being at the same time of a bold and resolute disposition, he frequently supported his measures by a specious ap- peal to a public opinion already or5aniz- ed in his favor; conduct which marred the best rest ~s of political candor by only braving and exasperating the reality of the judgment which it seemed to court. His administration soon produced, therefore, in the province, all the pernicious effects with which a union of purblind party preju- dices, and the narrowest party predilec- tions, with the whole executive and ad- ministrative power, could not fail to cre- ate. This was strongly apparent on his dissolution of the parliament, when the unequal distribution of the elective fran- chise enabled him to secure a majority, that seemed to give the most effectual po- pular sanction to his course, when it was in reality condemned in the strongest manner by the bract majority of the peo- ple. The character of the popul. tion in Up- per Canada is far different from that of the lower province. Generally educated,

History of the Recent Insurrection in the Canadas - Part Second 87-104

1838.] Upper Canada. 87 lake of the Two Mountains, and Sir their last strong hold, set aoout organiz- John Colborne, reserving to himself the ing an expedition on such a scale as trlory of finally suppressin~ the rebellion would prevent the possibility of failure. by driving the revolted peasantry from PART SECOND. Upp~ CanadaSir Francis head and his policy JJ7 L. MackenziePlan qf the in- tended revoltMarch Qf the Insure ents to TorontoProceedings qf the Executive, and defeat qf the rebels at Month ornery houseSubsequent measures q/ the Governor Departure qf the army under Sir John Co/borne for St. EustocheDescription of the villa~ e Tot at d~feat of the insurgents, and destruction q/ their housesProceedings at St. Beni it, and return of the troops to JklontrealI?cmarks ore the Insurrection Proceedings in the United StatesBuffaloNary Islandand the army qf Volun- teers The CarolineDebates in Con0 ress and the British ParliamentAmericrsr& ExpeditionsLord DurhamConclusion. While Sir John Colborne was yet or- gsnizin0 his expedition against the few insur~ents of Lower Canada who sur- vived the bloody doings at St. Charles, intelligence was received of events at To- ronto, which proved that the whole pro- vince of Upper Canada had all but slip- ped through the fingers of its British ru- lers, and that it was mainly indebted for its connection to the empire solely to the indiscretion and timidity of a few indivi- duals quite unworthy of the crisis which they had brou0ht about. With the same general causes which produced the prevalent dissatisfaction throughout the lower provinces, there ~vere several circumstances that aye a peculiar and even deeper character to the discontent ofthe inhabitants of Upper Ca- nada. These ~vere embodied in a De- claration of Grievances, dated July 31, 1837, in which the British Government were given distinctly to understand that revolt would be the consequence of the measures the colonial Executive were pur- suin~, if much longer persisted in. Sir Francis Head, thou0h an accomplished litterateur, when placed in the administra- tion of the province soon proved himselg in many respects, unfit for his position as a ruler. Weak, vain, and self-confident, he knew not how to deal with principles in stemming the stormy elements of political opposition. He became in consequence, the leader of a party, atid his policy soon exhibited a character so variable and in- sincere, that ha forever forfeited the confi- dance of a large majority of the popula- tion: while being at the same time of a bold and resolute disposition, he frequently supported his measures by a specious ap- peal to a public opinion already or5aniz- ed in his favor; conduct which marred the best rest ~s of political candor by only braving and exasperating the reality of the judgment which it seemed to court. His administration soon produced, therefore, in the province, all the pernicious effects with which a union of purblind party preju- dices, and the narrowest party predilec- tions, with the whole executive and ad- ministrative power, could not fail to cre- ate. This was strongly apparent on his dissolution of the parliament, when the unequal distribution of the elective fran- chise enabled him to secure a majority, that seemed to give the most effectual po- pular sanction to his course, when it was in reality condemned in the strongest manner by the bract majority of the peo- ple. The character of the popul. tion in Up- per Canada is far different from that of the lower province. Generally educated, Insurrection in the Canadas. shrewd, and intelligent, forming opinions for themselves, and under the constant example of the value of self-government in the neighborin~ republic of the United States, their first election, when constitu- tional opposition to the colonial govern- ment seemed fruitless, was for entire Inde- pendence and a separate political or~aniza- tion. This party had many able, hi6hly respected, and zealous men in its ranks, whose character and talents could not fail to exercise a powerful influence on any state of society in which they might be placed. The most prominent was Win. L. Mac- kenzie, who, at the head of the most influ- ential press in the province, and of a bold earnestness and sincerity of character, coupled with an untirin devotion to the popular cause, had attained a de0 ree of popularity which gave him a political wei~ht in the province that enabled him to cope successfully with the Governor in the arduous game of party opposition; and finally, to brave him in the more peri- lous chances of physical conflict. Nearly two thousand societies were or~anized throughout the province, all of which were prepared to second, with implicit reliance, the first movement of their leaders for re- volt ; and this extreme measure, from the moment that Mackenzie and his advisers saw the minority of Sir Francis hopeleas ly in the ascendant, he unliesitatin~ly re- solved on adoptin~. His partisans throu_ bout the country were put, as far as possible, in a state of military or~nni7n- tion, somewhat resembling Tones cele- brated United Irishmen. The chairmen of the d ifierent associations were to assume the isok of colonels in the contemplated in- surrection, and their secretaries that of captains; they assembled freqesently in shooting matches to perfect themselves in the use of fire arms; and by repeated per- sonal visits and the untiring activity of his pressalways keeping within the bounds of the law, this resolute popular leader had thoroughly prepared the re- formers for the darin~ political extremity of armed insurrection. The plan of the revolt was, that on the night of Thursday, December seventh, the reformers, from all parts of the coun- try, should assemble at Montgomerys tavern, three miles back of Toronto, march upon the city, and, in conjunction with their partisans there, make the Governor prisoner, and seizing the City Hall, distri- bute four thousand stand of arms which had been deposited there among the peo- ple. They ~vere then to take possession of the garrison, organize a provisional ~overnment, and proclaim the Province an independent republic. A plan so da- ring, as to contemplate the overthrow in a moment, of a powerful and organized go- vernment, improbable as it may seem, does not appear to have been so chimerical, as at first sight, with the slender resources at the command of the reformers, might be supposed. Contrary to the usual history of popular conspiracies, the ultimate ob- ject of the reformers seems to have been concealed effectually from the Executive till the very momentof explosion ; and so confident were the seditious leaders of success, that they were sanguine in their expectation that a revolution couldbeeffect- ed, and a British government subverted without the effusion of blood; a confession which certainly invalidates our confidence either in their capacity or their candour. Tue movement, however, went on with the expected success until it was precipi- tated, either by the treachery or criminal indiscretion of one of their leaders, who al- tered, by private orders, the time of action from Thursday to Monday, and who brought, in consequence, a large body of unsupport d, unexpected, and half-armed insurents to the city, on the latter day. Mr. Mackenzie heard only of this fatal movement when it was too late for reme- dy, hut, with the natur 1 intrepidity of his character, lie resolved to make the most of it. The men who arrived at the place of rendezvous, tired, hungry, and iil-hu inured at the trick which had been played upoii them, were reanimated by the enthu- siasm of this fearless leader, and were in- duced by his persuasions to await the chances of their situation, rather than dis- perse. Yonge street is the main northern en- trance to Toronto. This Mackenzie im- mediately guarded, to prevent all com- mtsnication veitli the city, and in the ab- sence of any intelligence from his friends, proceeded himself, accompanied by a few 88 [June, March of the Insurgents to Toronto. trusty comrades, to ascertain from the Exe- cutive state of preparation, whether he would be warranted in striking a coup de main for the city with his handful of men. Vague rumors of this extraordinary movement had, however, reached Toron- to, and many of the loyal citi ens had pro- eeded in various directions towards the country, as scouts, to ascertain their truth. Two of these, Mr. Powell, now Mayor of the city, and a merchant named McDon- nell, were ridin~ up Yonge street, when they were met by Mackenzie and his party, who instantly made them pri oners, and set.t them forward under the charge of two of his companions, a Capt. An- thony Anderson and Mr. Sheppard, to the head-quarters. On the way, however, Powell, watchin~ his opportunity, shot Anderson, his 5uard, dead pon the spot, and rode at his topmost speed back to the city. In passin~, Mackenzie, who was behind, attempted unsuccessfully to inter- cept him, and only escaped with his life from the pistol of the fugitive missing fire. The whole matter was now out. Pow- dl made directly for the residence of the Governor who was asleep, utterly un- conscious of the danger that awaited him and put Sir Francis in possession of his alarmin~ information. The hells of the city were immediately rung, the loyalists sssmmoned em m Sm, and supplied with arms from the City Hall, to which Sir Francis repaired as the best place of se- curity, and at the same time removed his family to a steamboat in the river, in case of reverse. So ~reat was the alarm, and the uncertainty as to the actual strenath of the insurgents, that prevailed, that scarcely three hundred persons could be found to an- swer their Governors summons to arms. The vast majority of the population either favored the attempt, or awaited the issue of a struggle, to join the victorious side; and if the insurnent for6e had pushed boldly on, there cannot be a doubt hut that the city, and witls it the Executive Gov- ernment, would have fallen, for the time being, into their hands. But, as has been remarked by an eminent historian, in dan- gerous enterprises delay is hut defeat; so in this instance the decisive moment pass- ed by, never to return. In the course of the night a distinauished veteran British cdli- VOL. IV. cer, Col. Moodie, was killed by the insur- ~e1~ts He was comma towards Toronto, and, attempting to dispute the passage of their military lines at Montgomerys ta- vern, was shot by the sentinel. The fol- lowina day does not appear to have added any stren0th to the beleaguered Governor, while the force of the insurgents was largely increased; and, dreadina the effects of an attack, Sir Francis sent a flag of truce to the camp of Mackenzie, demand- in~ what he required. Tltis mes age was was borne by the hands of Dr. Rolph, the secret Executive of the rebels, and of Dr. Baldwin, their confederate, and created the impression tltat they had deserted the cause. The answer Independence, and a National Convention to arran e details,~ was returned; and Mackenzie, still desti- tute of intelligence, and confounded by the unexpected capacity in which the principal advisers to his present course had visited him, deemed the Governors messag con- clusive proof of his weakness, and imme- diately marched for the city. But the fatal indecision, which so often mars enterprise 1 by inferior minds, at critical moments of their fate, still doomed the toovements of the insura ent to defeat. Their further progress, when near the city, was counter- manded until the evenin when it was tried again; and as might haie been ex- pected from such troops, guided by such leaders, the first attempt at resistance threw them into confusion. An advanced anard of the city volunteers poured a vol- ley into the advancin a rebels, which was scarcely returned by the more resolute of the band, crc the whole body had taken, panic-stricken, to their heels, and utterly refused Mackenzies earnest entreaties to return to the attack. That ni~ht, and Wednesday, desertion thinned their ranks, and brought enthusiasm with reinforce- ments to the Governor. The Speaker of the House of Assembly, Mr. MeNabb, immedh tely raised his district and rushed to the rescue; others followed his example, and the best spirit prevailed. Macken- zie, however, with unabated hope, still looked for Thursday night, when, accord- ing to the original plan of the insurrection, he expected the arrival of immense and high-spirited reinforcements. But the tide had turned. The militia, roused by tue 1* 1838.1 89 Insurrection in the Canadas. expresses of the endangered Governor, were now pouring into the city, from Niagara, Hamilton, Oakville, and other loyal quarters, and soon enabled Sir Fran- cis to set the matter at rest, by ordering an attack on the main position of the in- surgents at Montgomerys tavern. On the morning of Thursday, December 7th, the loyal militia, under the command of Col. McNabb, marched forward to the as- sault, in three columns, supported by artil- lery. They found the enemy strongly posted in a wood near the tavern, and im- mediately attacked them, pouring in upon them a well-directed fire of artillery and musketry. This, though borne with much bravery for some time, and returned with considerable spirit by the riflemen, soon put the undisciplined crowd of insurgents into confusion, which ended in their to- tal rout, without much loss to either side. Mackenzie and many other leaders fled in safety to the United States, and num- bers who could not escape were taken pri- soners, and were generously pardoned by Sir Francis Head, who now felt his position secure, and could afford to be ge- nerous. Some houses of the loyalists hay- in~ been burned by the insur~ents, reven5e was taken by committin~ every one which had harbored them to the flames, including, as might be expected, the extensive print- ing establishment of Mr. Mackenzie, in Toronto. Even yet, had there heen a leader of sufficient conduct and intrepidity to take advantage of the occasion, this momentary insuri7ection might have been prolonged into successful revolution. As night came on, every road leading to Toronto was found crowded with reinforcements for the insurgents; but who, finding how matters had gone, wisely made a virtue of necessi- ty, and declared they were coming forward at the call of danger to sustain the govern- ment. If the pretence was shallow, the Executive was far too shrewd to perceive it. Thus ended, as far as Canada was con- cerned, this bold and evanescent attempt at armed revolution. The excitement rolled into the contiguous regions of the United States; and there workin5 on an excitable and enthusiastic population, produced events which will demand hereafter our attention for a moment; but every reflect- ing mind felt convinced that in the disper- sion of the insureents of Yonge street, all prospects of present success to their cause had utterly ceased. The subse- quent measures of the Governor were much more exceptionable than the prudence and conduct which he exhibited when in contact with dander. The gaols were crowded with suspected citizens, as well as the more distin~,uished prisoners, and an unmanly and unlawful use was made of the Executive power to banish one of the most eminent citizens of the State, Marshall S. Bidwell, Esq., from the pro- vince forever. The militia were now quartered in the most disaffected districts. The city was garrisoned by similar troops, taken into service for the occasion; and it is honorable praise for Sir Francis Head, that with farhi5herprovocation, and on the juster grounds ofpremeditated treason and open revolt against the existing govern- ment, he did not emulate, in his measures against the insurgents, the bloody exam- ple of the rulers over the sister province. The forms of law were for a moment sits- pended, by the force of open war, to re- sume their mild and salutary control the moment it had passed and though he vin- dicated the authority of his sovereign and repressed a dangerous insurrection, lie had the virtue to abhor the military mercy that gloried in the wholesale carnage of a deluded and defenceless peasantry, and which could drive the widow and the fatherless it had bereaved, at the bayonets poitit, to take shelter from th~ flames of their burning cottages, in the snows of a Canadian winter. It was his worst crime, and the worst result of his policy, that he made of this slight insurrection, an in- strument to foster a ferocious spirit of disgraceful party proscriptionnever practicable but in those sad times of na- tional disaster, when law is equally vio- lated by the rulers and the ruledwhich drew lines of unrelenting hate between masses of citizens, and enabled a small faction, who found their highest civil duty in an uncompromising devotion to the Executive, to monopolize all the favor and authority of Government, at the very time when they had become its worst sub- jects, and violated its every principle. 90 [June, The Village of St. Eustache. This is the system which, in the depen- dencies of England, has frequently per- verted the sacred duties of dele0ated power into that legal despotismthe fa- tal excess of limited monarchywhich has so often produced a hideous anomaly between British government and British law, and which is the most oppressive and most odious form in which human tyranny ever was developed. To return again to the Lower Province: The commander-in-chief of the British left Montreal for St. Eustache on the 13th of Decemher. The expedition consisted of detachments from the 1st Royals, under Lieut. Wetherall; the 32d and 83d regular regiments, under Colonels Maitland and Dundas; the Volunteer Montreal Rifle Corps, under Capt. Leclere, and a strong squadron of horse. This formidable force was accompanied hy six pieces of artille- ry, full served, commanded hy Major Jackson, and amounted to about two thousand men. Their departure was made an occasion of gratifying the loyal- ists of Montreal hy a demonstration of the Government stren~th displayed in all the imposing forms of military parade. The ion,,, array of armed soldiery in the full equipment of field service, defiled through the streets, with their colours dis- played, and to the inspiriting strains of military music. Each piece of artillery drawn by its complement of horses, and at- tended by its artillery-men and ammunition wagons, len5thened out the procession, and oppressed with awful forebodinas many a wretched heart among those who knew too well the defenceless crowd of de- luded peasantry against whom this terrific armament of destruction was directed. The commander-in-chieg surrounded by his staff, and escorted by two hundred dragoons who brought up the rear, had, however, his full meed of gratifica- tion in hearing shout prolonged on shout, from the eager crowds with whom the journalists of Montreal have peopled the streets on the occasion, which testified the public sense of the abundant complete- ness of these irresistible preparations for the accomplishment of his mission. Long trains of carria es, and we ons loaded with con greve rockets, and every descrip- tion ofmilitary ammunition, baggage, pro- visions, timbers, tools of various kinds, with workmen to build bridges, cut roads, and remove obst~-uctions, followed the mighty host, with a revival of that opulence of military equipment on which British generals were wont to pride themselves in the iron ca.mpai0ns of the Peninsula, as their surest guarantee of suc- cess in mcetin~ the veterans of Napoleon; but now, it was evident, to be wielded with full sincerity of purpose against a far different foe. The troops, according to the plan of the campaign, took up their quarters, the first night of their march, at St. Martins. The main body of the insurgents were posted at St. Eustache, and against this point it was resolved, in the first instance, to direct an attack. The village of St. Eustache, one of the most beautiful and picturesque of those lovely rural ettlements with which the early French emigrants studded the a~ri- cultural districts of the Canadas, is situ- ated about twenty miles north of Mon- treal, on a branch of the romantic Ottawa, la riviere des mule isles, as the French expressively call the island-studded stream. A winding rivulet runs throu~h the centre of the village to join the Otta- wa some distance below. On the tongue of land formed by these waters stood the parish church, a lar,, e stone building, whose two glittering spires, covered with tin formed a conspicuous feature in the landscape; and which, in the massive so- lidity of its construction, and the ele~ant decorations of its interior, sufficiently at- tested the a ood catholicity of the habitans. Near this was the house of the Curd, a large edifice also of stone. At some little distance, on an eminence, frontin~ the Curds house, or presbytery, as it was call- ed, stood the manor-house, a handsome residence, two stories high, built of cut stone. Several other good ho uses, arrang- ed so as to form a large square, composed the village, the church being nearly in the centre. Among these was the residence of Mr. W. H. Scott, one of the represen- tatives in parliament of the county of Two Mountains, nd Dr. Chenier, the patriot commander, who was greatly be- loved by his friends, and who most fully, by a rare strength of mind, and eleva 1838.] 91 Insurrection in the Canadan. tion of character, merited his popularity. His house was situated on a point of land opposite the church, where a hridge over the river connected both sides of the vil- lage. A large stone convent, or female seminary, recently finished, was situated at some little distance from the church. The population of the county of Two Mountains, in which the village of Saint Eustache is situated, were, for the most part, enthusiastically devoted to the cause of reform, and the first idea of resistance to the Government at this point arose from their determination not to permit the ar- rest of their proscribed leaders, Dr. Che- flier, and the county representatives, Messrs. Girouard and Scott, for each of whom, it will be recollected~ a reward of live hundred pounds was offered hy the Government. Resistance once organized, formed a nucleus, round which were soon gathered all the combustible materials of the neighbourhood, and created a tempo- rary point where the hopes of many a fu- gitive from the banks of the Richelieu were glad to take refuge. Offensive warfare, or systematized rebellion, as far as this assemblage was concerned, seem entirely out of the question; their numbers never exceeded twelve hundred, of whom the great majority were almost entirely with- out arms. On the morning of the fourteenth De- cember, the immense force we have de- scribed was put on march for the village. In consequence of the weakness of the ice, the main body of the troops were com- pelled to make a detour to St. Rose, where the ice was found sufficiently strong to bear the artillery, and where, accordingly, the whole reaular force crossed from Isle Jesus to the main land, lengthening their march about six miles, and making it about twelve oclock at noon before they arrived at St. Eustache. As the large forte advancin0 aaainst them crossed over to the village, its extent and charac- ter seem, for the first time, to have im- pressed upon the hahitans the incredible inequality of the approaching conflict, and by far the largest portion of them, about seven hundred in number, belong- ing to the neighbouring villages of St. Be- nflit and St. Scholastique, apprehensive for the safety of their homes, or. more probably, fearful of the result, ~vent off in a body under the command of Messrs. Girouard and Chartier. Not quite three hundred remained, and this devoted hand- ful, animated by the courage and example of the brave Chenier, hastily throwing themselves into the stron~est houses, pre- pared to defend them to the last extremity. Dr. Chenier, with about eighty determin- ed men, took possession of the church, barricaded the doors, and stationed them- selves at the windows to await the com- ing of the troops. It seemed due to the reater distinction of the commander, that the doin~s at St. Eustache should transcend in their enor- mities the memorable events at Saint Charles; and our invaluable Sir John Colborne, as she tory presses delighted to call him, took his measures to prevent the escape of even a single soul. Two field pieces were first directed to open their fire upon the church, and another was sent round in the rear of the village, and stationed where it commanded the street leading directly to the front door of the same edifice. The three regiments and the cavalry, in the mean time, made a circuit round the village in rear; and took up positions to intercept the fugitives, when they should he compelled to aban- don their position; while a party of vo~ lunteers were spread out on the ice in the front of the village, where they had cross- ed, thus completely hemming in the insur- gents on every side. No offer of mercy or attempt at reconciliation appears to have been made; and a steady fire from the cannon on the church, con vent, and presbytery, soon evinced the manner in which the assailants were resolved to ter- minate the affair. Besides being very inefficiently armed, there was a great want of ammunition in the ill-appointed ranks of the peasantry, which was soon apparent in the slackened fire with which the unceasing volleys of the assailants were returned from the houses in the square. This emboldened their advance, and in a short time the convent was in possession of the troops, and immediately set on fire. The priests house soon shared the same fate, and their miserable garri- sons retreating from the gathering flames into the cellars; were either stifled by the 92 [June, Destruction of the Village. smoke, or rushed upon their remorse- less foes, and found a more merciful, and as certain a death, from the bay9net or the ball. It is stated that one individual only, named Felix Paquin, nephew of the pa- rish priest, escaped from this complication of horrors, of all the defenders of these buildings. The church, under the in- domitable Chenier, was soon all that re- mained to the patriots; and the ~reat stren~th of the walls, assistin~ the cou- ra,~e of its inmates, enabled them for some time to withstand all the efforts of the soldiery. The artillery at length ef- fected a breach, and the assailants rush- in~ in applied fire to the buildin~, which was now half filled with wounded men. The leader, and the few men that surviv- ed with him, in the face of the fate now so certain still maintained the fight of lions in despair; jumping through a win- dow into the grave-yard, himself and nearly all his followers soon fell beneath the repeated volleys which were poured in upon them in this last foothold of the brave. A little before dusk the work of destruc- tion was complete, and a more awful sight was never the result of the relentless code of xvar. The houses of that beautiful village were wrapt in flame. The church- yard and the convent were heaped with the dead; and the numerous bodies con- sumed in the houses, if we may credit some accounts, loaded the air with an insuffer- able stench, that sickened many a brave heart compelled to bear a part in the pro- ceedings. In the clear night of the Cana- dian winter, the flames, distinctly seen at Montreal, sufficiently rele~raphed to the city the result of the expedition. The correspondent of the Courier, writing from the spot, confirmed the intelli ence next morning with expressive brevity. Such a scene you never witnessedit must prove an awful example. The artillery opened at half-past one. Every thing was over, except the shooting of a few ful- tives, at half-past three. A despatch which tells something more than the veei, vidi, vici, of the Roman general. The destruction of life in this horrid af- fair can never be ascertained. Above one hundred were taken prisoners, and nearly all the remainder must have perished in the flames or the fight. It is believed that very few escaped. The loss of the troops was one, only. The game was a secure one for them, and they ph yed it out. The remainder of the battle evenin,, was spent in improving the victory. Fri~htful sto- ries found their way into the American newspapers of the subsequent atrocities of this fatal day, and indiscriminate plun- der and violation were said to have com- pleted the ag~ravatcd scene. Plundering there certainly was, but let us hope that exa~eration has lent a deeper coloring to military horrors already too black for the honor of humanity. Dr. Chenier, who fell in this conflict, was, by the account of all knew him, a man of the noblest qualities, and admirably fitted to give strength and lustre to the hopeless cause in which he was enga~ed. Neither his name nor his death could save his re- mains from insult. The heart was torn from his breast, and the body, divided into quarters exposed on a counter in the vil- leac, to the gaze of the troops, and the un- happy survivors of the heroic traitors cause. His young and accomplished wife was yet in the neighbourhood. The following day Sir John Colborne followed up his success. At the vil- lage of St. Ben6it, or Grand Bruli, the last remains of the patriot force were ass~mbled. But here he had an easier task. Terror had taken possession of every heart, and the sacrifice of St. Eu- stache had deeply struck the memorable lesson of its example. The troops had scarcely proceeded on their way before their general w~ s met by a deputation from St. Benflit, who came to offer uncon- ditional submission for themselves, and the surroundin~ country; nd as he ad- vanced every house had a white fla~ dis- played from the window, thou~h no in- habitant waited to know his doom. All were assembled at the village; and now reduced to three hundred, the shrinking moltitude presented themselves to the com- mander, each with the same symbol of peace and sorrow in his hand. Life yes spared to the defenceless penitents; hut the Generals tactics could award no more, and their unconditional submission pur- chased for them only the bitterness of feel- ing that they had better have died with 1838.] 93 Insurrection in the Ccznadas. arms in their hands, like their exterminated compatriots. Every one whom it pleased the troops to consider a leader was arrest- ed, and such had the consolation to find that surrender had saved them from the chances of the bullet, only to suhstitute the chances of the t~allows. The General next commanded the houses of Mr. Girouard and other prominent citizens, to be burnt; and bis followers, emulating his example, added the rest of the village to the bonfire, the whole having been first thoroughly plundered of every thing available. De- tachments of the troops were sent, after the destruction of these villages, to scour the rest of the district. All resistance had ceaseO. At St. Scholastique, seven miles from Grand Brul~, the inbabitants met the commanding officer with white flags in their hands, and threw down their ~rms; and at Carillon, six miles west of St. Eu- stache, a similar spectacle was exhibited; yet, in eeeh case, many houses were com- mitted to the flames, and their inmates driven for shelter wherever they could find it. The insurrection was completely quelled. A few only of the leaders had es- caped, and the cood fortune of the com- inander was crowned with a satisfactory disposition of some of these before he had finished. Girod, findin~ himself on the point of being captured, blew out his brains with a pistol, and left his captors only the mittor gratification of mutik ting his lifeless trunk, hy cutting off his head, and driving a stake through his body. Scott was seized by a small pa y of dra- goons, who, stimulated by the prospect of five hundred pounds, never cave up the chase until they secured their victim, and were recommended for the act to the Executive, in the official despatches of their commander. On the sixteenth of December, Sir John Colborne returned to Montreal, and es- corted by the Montreal Cavalry and Queens Li~ht Dragoons, rode through the city to receive the applauses that greeted the return of the Conqueror. The follo~vin~ day, being Sunday, the ~reater part of his force also reached the city at dif- ferent intervals. When Col. Wetherall and his Royals returned, with the addition- al laurels of another campaign upon their brow, escorting one hundred and five pri soners, the fi~uits of this second victory, crowds of citizens hallowed the day of rest, by going out to meet them, and cheered the conquerors the whole way to their barracks. Thus ended Sir John Colbornes expe- dition to St. Eust~ che. ,Solitudinentfccit, paceatque s.ocerit. He created a desert and called it peace! The insurrection was indeed suppressed, but Canada has not heen strengthened to the British crown. Such events as these will hardly find a place in the proud pages of English story; but deep, deep will they burn into the heart of her distant province, and the blood of these patriot martyrs, so profusely shed at the altar of royalty, on an American soil, will hallow their cause with millions of the fi~ee, and forever dishonor the es- cutcheon of Enclands Virgin Queen, with an ineffaceable stain of blood, which, in this hemisphere, at least, will link a name auspicious to all the rest of her empire, with the doinas of the TyRANT KiNo who left his parricidal print of blood upon the American soil, to form the seal of its freedom to all future time. As far as the Canadian territory and population were concerned, all trace of an tnsurrection which at first seemed so alarming was now effectually suppressed. Indeed, subsequent events proved that the Government had abundant reason to be satisfied with the result of the vast moral and political responsibility it bad so bold- ly assumed, in precipitating a resistance which enabled it, with the arm of power, to overwhelm as treason and rebellion an opposition of principles, interests, and feelin,.~s, irreconcilably hostile to their po- licy, which was rapidly wearin~ away from them, if it had not already destroyed, the respect, the attachment, and even the allegiance of the great body of the peo- ple. As in every case of unsuccessful re- sistance to organized authority, the power of the Government was much strengthen- ed by the event; and the supporters of the popular cause, in the dejection of their defeat, will most probably feel cowed for years to come from all attempt at serious opposition. Yet, with all the advantages of power and influence and preconcerted attack, such was the character of this in- surrection, that had there been a leader of 94 [June, Proceedings in the United States. conduct and firmness amon,, the insur- gents, there cannot be the least doubt but that important political concessions, if not entire independence, might have been obtained by their arms. Nothing but the most wretched incompetency of eneral- ship saved the exhausted nnd defeated troops of Col. Gore, during their helpless retreat to Sorel, through a country almost impassable, and intensely hostile. Ccl. ~Vetherall, in like manner, when retirina from St. Charles, had a leader of courage, decision, and influence headed the insur- gents, might have been hemmed up in a district of enemies, his communications intercepted, and his whole division ex- posed to destruction. The individuals however, who had the active guidance of the ill-starred popuk cc really seem to have been altogether unequal to a crisis so important, and to have abandoned their compatriots, in the utmost exi0ency of their fate, to the inevitable destruction that awaited them, at the first sight of dancer, and without fully testing the manifold re- sources of their cause. But true it is, that the men who are the best fitted to organize public opinion, and prepare nations for re- volution, are often the least qualified for the sterner task of conductin them throu h the stormy trials of physical resistance to success. Had there been minds of capa- city adequate to this occasion, the scab- hard, once thrown away, the warfare that ended so soon in overwheb ing disaster, mi~ht have been easily prolon~ed by avoiding decisive battles, and harassin, the soldiery, in a district where they had no friends, until the settin,, in of winter would almost have secured the possession of the country to its native inhabitants and enabled their cause to derive the bene- fit of the immense accession of force, mo- ral as well as physical, which an appe- r- ance of strength, and consistency of re- sistance, would have brought to the pa- triots. The people of England would never have suffered the continuance of the parricidal contest, and if they had, the people of America would have been restrained by no national considerations from rushing in thousands, as the event proved, at a moments warnin,,, to assist in the establishment of Canadian freedom. The events we are now to detail, following immediately in the wake of the insurrec- tion, and constituting a part of its histo- ry, will sufficiently prove this. On the fifth of December, before the movements or intentions of Mackenzie and his party were made known, a very larce and influential meeting of the citi- zens was held at Buffalo, the capital of the immense canal and lake trade of the State of New York, at which resolutions, warmly expressive of sympathy in the Canadian Revolution, were passed; and those great fundamental truths, which the success of the American Experiment have long made the practical law of po- litical ethics, though still excluded from the colonial administration of Great Bri- tain, were laid down in language of manly dignity and force, and a most excitin~ de ree of interest in the fate of the Cana- dians, was developed to exist in the whole community. This feelin was greatly in- creased by the first news of Mackenzies attempt on Toronto, which, it was repre- sented, had been completely successful. Similar meetings were held at 0 dens- burgh, Owego, and other placespled~- in~ themselves to id and assist the Cana- dians in every legal and constitutional manner; and committees were appointed to receive subscriptions for purposes, in the words of the resolution, not inconsistent with our situation as a gov- eminent, or our duties as its citizens. The excitement, all alouc the frontier, daily increased as news arrived, and it is the highest possible praise to the character of the feelin5, and the character of the people, that it was not regulated by the success or prospects of the cause it advo- cated, and was, in no respect, influenced or created by any fieetin~ popularity of great names or great actions, usually so apt to dazzle the multitude. On the con- trary, when the power of the triumphant government had crushed all opposition, and the cause of the Patriots, as far as de- pendent on themselves, was hopelessly prostrated, this cenerous enthusiasm, spr1n~sng only from an earnest and in- nate love of freedom, among a people sensible from experience and principle of its valueprompted the most active and vigorous assistance in their behalg and in- duced exertions to assist them, as unani 1833.] 95 Insurrection in the CanaJa& . mous and sincere as they were disinterest- ed. Thus it was, when reported success, fanned the Patriot banner, the good feeling was confined to favoring resolutions and addresses of encouragement only. But when revolution became rebellion, and pa- triotism, treason; when defeat had dishon- ored the cause, and the price of blood was on the outcasts head ;then sympathy be- came enthusiastic assistance and was completely fanned into a flame when Mac- kenzie and the other refugees from Toron- to, arrived in the American Territory. This gentleman, immediately after his de- feat at Mont6omerys tavern,made for the United States; and though Sir Francis Head offered a reward of one thousand pounds sterlin~ for his apprehension with five hundred pounds for four of his associates, David Gibson, Samuel Lount, Jesse Lloyd, and Silas Fletcherhe met with little difficulty in reaching the Ameri- can frontier, and immediately found him- self in a nation of friends. He reached Buf- falo on the eleventh of December; and on the same evenin6 an adjourned meeting of the friends of Canada was held at the theatre, which was much the largest as- sembly ever witnessed in the city. This meeting was again adjourned to the fol- lowing evening, when it was addressed, among others, by Mackenzie and Dr. Sutherland, and a degree of enthusiasm was excited, which seemed to carry the whole city in its wake. A corps of volunteers forthe invasion of Canada was immediately resolved on, and the Eagle tavern was appointed the head- quarters for recruiting and organizing an expedition. Contributions of arms, clo- thing, provisions, and munitions of war, were brou~ht to this depot in immense quantities, and crowds of eager recruits hastened to enrol themselves under the new standarda tn-colored flag, with two starswhich floated from the building. The Federal Government viewed these measures with alarm. Sincerely anx- ious to preserve its neutrality inviolate, it had issued the strictest orders to re- press all such movements by every means at the command of the civil power; and the efforts of its officers were seconded by the city authorities of Buffalo with all their influence. But nothing could re press the spirit that prevailed. The arms and men were wanted to hunt red fo. es in Canada; the money, to support the re- fugees. Deer hunts, and LAeploring Expeditious became suddenly the ra5e, and for the first time were found to require every warlike implement~ from the esa- non to the drum, to complete their equip- ment. Where in overwhelming majority of the community were enthusiastic ac- cessories in these proceedings, it was in vain to think of e forcing laws of neu- trality; and a corps consisting of more than three hundred men, fully armed and equipped, and bountifully supplied with every necessary, by their fellow-citizens, marched from the city the following morn- in6, under the comma d of Mr. Rensse- laer Van Rensselaer, of Albany, a 5en- tleman of high respectability and wealth. Their at rendezvous was at the village of Black Rock, from whi h, on the six- teenth instant, Mr. Van Rensselaer marched the whole force to Toneivanda, and from thence took possession of Navy Island, near the Canada shore, which Mackenzie, with a few companions, had previously explored. Here they estab lished the head-quarters of the Patriot Army, and began serious preparations for the invasion of Canada. Navy Island, which was decided to be- long to Canada by the Commissioners of the Treaty of Ghent, is situated a short distance from Grand Island, in the rapids of the river Niagara, just above the Falls, and is not more than half a mile distant from Chippewa point, on the Canada shore. It is about a mile and a half ~, and a mile broad; and contains nearly four hundred acres. It is well wooded and sheltered. The dangerous strength of the current renders it almost inaccess- ible fiom the Canada shore, and a more advantageous point for a hostile demon- stration a~ainst Canada could not have been possibly fixed upon. The selection of this bold position by the invadin5 force, produced a strong sen- sation both in Canada and the conti6uous portions of the State of New York, and much heightened the feeling of enthusiasm prevalent for the patriotic cause. Every day brought large accessions to their num- bers. Volunteers, supplies ofelothing, and 90 June, The Czroline. provisions, in most bountiful profusion, from all points in the neighbourhood pour- ed in upon them, and their armament soon amounted to six field pieces, and sev- eral hundred muskets, besides those in use by the men. These arms were principally obtained by forcible entry into the public arsenals, which had no adequate means of resistin~ the torrent of military ardor which seemed to sweep over the State. Van Rensselaer, with the title of General was invested with the supreme command and soon found himself at the head of near seven hundred men. Sutherland and, it is said, Rolph, also, held subordi- nate commands; and Mackenzie was pre- sent as head of an imaginary provisional government, which was got up for the oc- casion. From this, a proclamation was issued, setting forth the objects of the in- vading army, and promising a bounty of three hundred acres of land to all volun- teers whose personal aid should be render- ed to the patriotic cause during the strug- gle. The Canadian Patriots were en- joined not to commit any depredations on the property of the royalists; and as a sarcasm probably on Isis own doings, a reward of live hundred pounds was offer- ed for the apprehension of Sir Francis Head. This proclamation was signed 0 William Lyon Mackenzie, chairman pro tem. of the provisional government of Uppfr Canadawho also issued vari- ous denominations of money in the form of Treasury notes, payable from the re- sources of the new government, whenever. it should be established, which were readi- ly taken in payment by all having any connection with the volunteers. Demonstrations of hostility so alarming, after all internal dan,,,er within the pro- vince had ceased, naturally excited the in- dignation of the British authorities of Upper Canada. Col. McNabb, who had marched against Dr. Duncombe, into the London District, where this leader had a considerable force, but had met with no resistance, soon assembled a body of near two thousand men, with which, by the or- ders of the Governor, be marched to Chip- pewa, to have an eye to the movements in Navy Island. The respective forces re- rnained opposite to each other without any occurrence of moment, until the twenty- ninth of December. During this time, however, indications took place daily, tending to some serious event. Batteries were erected on the Canada shore, and large preparations were made for attack- ing the position of the Islanders, while a frequent interchan,,e of ineffective cannon- adin~ between the parties, with minor oc- currences incident to their position, con- tributed to give the aspect of affairs in this quarter a continued interest in the public mind, when an occurrence took place, that gave the whole matter, for a time, a very a~gravated appearance, and, in the deep excitement which it produced, had well nigh compromitted the national relations of the two countries. On Friday, December twenty-ninth, a small steamboat called the Caroline, had sailed from Buffalo to Navy Island with passen~ers and various stores for the forces there, and continued throu bout the day to ply as a ferry-boat between the Island and the shore, on the private account of the owner. In the evening this vessel was moored at Fort Schlosser, a landing place on the American shore. A small tavern, at this spot, the only accommodation it afforded, not being large enough to con- tain all the visiters whom circumstances had brought to the spot, a great number of strangers had availed themselves of the accommodations of the boat, and taken up their quarters in it for the night, when they were unexpectedly aroused by an outrage of an unparalleled de ription. Colonel McNabb, the Canadian commander, an unscrupulous creature of the government; and burning for an opportunity to display the obsequious readiness of his devotion to the cause of power, fancied lie saw in the presence of this steamboat the occasion he wanted; and, undeterred by any consider- ations of national propriety or of conse- quences, arranged an expedition to cut the vessel from her moorings, and destroy her. One Drew, a retired oflicer in the British navy, was placed in command, and at ten oclock at night, on the thirtieth of De cember, he put off with forty-five men in five boats, and coming unexpectedly alongside, he soon obtained admission the boat, though crowded with men, being entirely unarmedand with his crew commenced a furious and deadly attack 1838. 1 97 Insurrection in the Canadas. upon the inmates. As may be readily conceived, the latter were soon overpow- ered. Six of their number were killed; and several wounded, who, with the others were driven on the shore. The vessel was then towed into the stream and set on fire. In a few minutes, the stron~ blaze which shot from the burn- in~ timbers, made the force on Navy Is- land, and the shore, aware of the deed; and exhibited to the crowds who rushed to the beach, a scene which had for them an awful interest, and stran~ely oppressed their minds with a feeling of sublimity, not less tlsan unexampled terror. The thrill- in~ cry ran around that there were living souls on board; and as the vessel, wrapt in vivid flame, which disclosed her doom as it shone brightly on the water, was hurrying down the resistless rapids to the tremendous Cataract of Niagarathe everiastin~ thunder of which, more aw- fully distinct in the midni~ht stillness, horrified every mind with tbe presence of their inevitable fate,numbers caught, ia fancy, the wails of dying wretches hope- lessly perishin~ by the double horrors of a fate which nothin~ could avert; and watched with agonized attention the flam- ing mass, till it was hurried over the falls to be crushed in everlastin~ darkness in the unfathomed tomb of waters below. Happily more accurate information after- wards disclosed the fact that no person was on board the boat when it was set on fire; but the whole circumstances lent a character of a~ravation to the trans- action that had a deeply exasperating ef- fect on the public mind in every portion of the country. The local authorities immediately or- ganized a large force of the State militia, and marched them to the frontier; and on the second of January the Governor called the attention of the Legislature to the event in a special message, in which he stated that there were thirty-three per- sons in the boat who were suddenly at- tacked at midnight, after they had retired to repose, and probably more than one- third of them wantonly massacred;~ and that the twelve persons who were ascer- tained to be missing, were, in all proba- bility, either killed by the invaders or pe- rished in the descent of the boat over the cataract. The message further asserted that this outrage was not provoked by any act done, or duty neglected, by the government ofthis State or of the Union ; and while it left the char~ e of redressing the wrong, and sustainine the honor of the country to the General Government it recommended the Legislature to make provision for a military force for the pro- tection of the exposed citizens, and the maintenance of peace upon the frontier. The President of the United States fol- lowed up the matter with corresponding vigour. On the fifth of January the Se- cretary of War directed General Scott to repair to the frontier; and confided to him extensive discretionary powers for the preservation of peace. He also made a requisition on the Governors of New York and Vermont for a sufficient militia force to assist his operations; but gave him no instructions with regard to Navy Island, and similar Canadian expedi- tions, stating the fact that the Executive had no legal authority to restrain Ameri- can citizens from making incursions into a neighbouring territory, even with hos- tile intent. He was wisely cautioned to employ a force from a distant section of the State, that it might not partake of the excitement prevalent in the vicinity of these transactions; and the Presidents confident hope was expressed that the General would be able to maintain the peace of the frontier without employing his military force. To allay still farther the d~ ngerous excitement, which infected the whole frontier, and bid fair to embroil both countries in a mutual war, the Presi- dent issued his proclamation, warning these individuals of the unlawfulness of their conduct, and accompanying an earne exhortation for them to disperse, with the solemn assurance that they would not only be punished with the ut- most severity of existing law, but that they should receive no countenance or aid from tlseir own Government should their conduct place them in the power of the nei,hbouring and friendly nation against which their a re ssions were directed. To these salutary measures the country was, in 11 probability, indebted for the continuance of peace. On the same day that Gca~ral Scott re 98 [June, 1838.] Navy Island abandoned by the Volunteers. ceived his commission, the Secretary of State called the attention of the British Minister, resident at V~.Tashington, to this extraordinary outraae; spoke of the loss of life occasioned hy it as the as- sassination of citizens of the United States on the soil of New York, which he did not doubt the disposition of the Canadian authorities to punish; and stated that it would necessarily form the subject of a demand for redress upon Her Majestys government. On the eighth the President transmitted a message to both Houses of Congress. in which he brou~ht the matter before them, to~ether with the steps he had taken in relation to it. In this messa,ge Mr. Van Buren desig- nated the affair as an outrage of a most ag~ravated character, accompanied by a hostile, thou~h temporary, invasion of our territory producin~ the stron~est feelings of resentment on the part of our citizens in the naighbourho od, and on the whole border line; and concluded by asking for such appropriations as the circumstances in which our country is thus unexpectedly placed require. These inessa~ es ave rise in Congress to spirit- ed debates, in the course of which, though the excitement prevalent out of doors stron~ly tinctured the lan~uage of several members, a ~eneral disposition was evi- dent to sustain the President in his neces- sary efforts to preserve the frontier peace. An act was speedily passed authorizing the seizure of any vessel or vehicle evi- dently destined for hostile operations a~ aiust a n ei~hborin~ nation, and also of any military armament prepared within the territory of the Union for like purpose. Forei_ ners takin~ refu~e in the United States ~vere also to be disarmed, so lone, as he deemed it necessary. This act soon produced the most salutary effects. Al- though Sir Francis Head by sanctioning the destruction of the Caroline, and ofli- cially thankin, its perpetrators for their gallantry in effecting it, as well as by the supercilious and derogatory tone in which he spoke of the conduct of the United States in reference to these dis- turbances, contributed to keep alive a feel- ing of resentment towards the British authorities, yet it soon became evident that the public opinion of the Union was assuming a more healthy tone, and setting strongly against any infraction of the neu- tral and peaceable relations existing with Great Britain. The presence of General Scott, and Governor Marcy, with a con- siderable force in the disturbed district, and the efficient measures which the Ge- neral adopted in discharge of his func- tions, contributed to this, and tended great- ly to allay the morbid feeling of excite- ment which constituted the main support of the Navy Island project; and convinced the leaders of the expedition that they must be solely dependent on themselves in their operations against Canada. Meanwhile the British force was strongly increased on the opposite shore by part of the 24th regular regimen t from Mon- treal, and such a powerful force of artille- ry, as left the Patriots, though their num- bers had swelled to above fifteen hundred men, not the slightest chance of success in a re,,ular en,a~,ement, could they have effected a landin~. On the thirteenth of January, the Bri- tish opened a heavy cannonade with shot and shells upon the Island, which con- tinued for four hours, and was answered with equal spirit by the patriots, without producing any considerable effect on either side. Armed vessels were next brou,ht into the river; and General Scott was ~iven to understand that the British were resolved on the destruction of the Navy Islanders, im traasitee, should they at- tempt to land on the Canadian shore. Every thin thus tendin to show the hopelessness of their present attempt, the patriots broke up their camp, and left the Isl nd on Sunday, the 14th of January, when it was immediately after taken pos- session of by the British, whose red-cross flag, securely flying from it, on the follow- ing day announced to all that its soil was a,ain in possession of its na htful own- ers. Mr. Mackenzie had been previously, and General Van Rensselaer was soon afterwards, arrested by United States officers; and wereebound over for trial at the ensuing District Court for organizing a hostile expedition within the territory of the United States against a friendly nation. That the popular irritation, oc- casioned by the destruction of the Caro- line, nevertheless continued unaffected by 99 Insurrection in the Cctnadas. the prospects of the patriots, may be sufli- ciently judged from the fact that the grand jury of Niagara county, in the State of New York, indicted McNabb, Drew, and every other person who was ascertained to have been instrumental to that act, for wilful murder. On their dispersion, some of the pa- triots returned to their homes, but the most considerable portion proceeded up Lake Erie to Detroit, for the purpose of joinin~ a lar,,e body of their consociates, who were assembled under Gen. Suther- land at Gibraltar, an American island, at the mouth of the Detroit river, opposite MaIden, Upper Canada, with the avow- ed intent of invading the province at a point where, from the absence of any considerable forc~, the attempt was likely to be more feasible. This additional armywhich, from the maimer in which it acquired strength and supplies of all kinds, showed that .the po- pulation on the extreme northern frontier of the Union were as strongly in favor of the patriotic cause as their brethren, at any other pointfor a considerable time kept up a high de~ree of alarm and ex- citement on the opposite sections of the Ca- nadian territory. It was above five hun- dred stron , and was accompanied by Ge- neral Theller, a naturalized Amerscan originally from Ireland, but bug resident in Toronto, where the generosity with which he dispensed considerable wealth made him exceedingly popular-Colonels McKinney, Dod~e, and other influential persons, both Canadian and American. It was greatly assisted in its organiza- tion by the citizens of Detroit and the neiahbourhood, who swelled the military chest of the adventurers with the proceeds of a benefit at the theatre; and presented them so liberally with private contribu- tions, that Sutherland was enabled to pur- chase a schooner named the Ann, which was armed and loaded with arms, provis- ions, and stores of all kinds, to further their intended operations. This vessel, which constituted a sort of floating arsenal, they were enabled, by the favor of the inhabi- tants, to get off from Detroit in defiance of the attempt of the State and National authorities to stop her; and having mus- tered a number of boats and a small sloop, as a tender, the whole body rendezvoused at Sugar Island, belonging to Michigan, in the river Detroit. From this, on the ninth of January, Sutherland took posses- sion of Bois Blanc or White Wood Island, belonging to the British, driving before him, without loss, a force of about three hundred, consisting of militia, ne- groes, and Indians, who were in garrison fur its protection. The schooner under the command of Gen. Theller was then sent to cruise be- fore MaIden, with a view of intercepting a vessel which the inhabitants were prepar- in for their defence; but a stron6 gale blowin,., in shore, she ~rounded, in the ni ht, off Elliots point, and was attacked by a body of the local militia and negroes, to whom, notwithstandin~ a spirited re- sistance, she was soon obliaed to surren- der; their friends on the Island who wit- nessed the whole, it being clear moonli0ht, were unable, from the strength of the gale, to render any assistance. In this action the patriots had several killed, and the whole crew, twenty in number, including Thel- ler, Col. Dodae, Capt. Davis, and Col. Brophey, the most efficient men in the ex- pedition, were made prisoners, and sent forward to London gaol, to answer the charge of high treason. This schooner was a valuable prize for the captors, con- taining three cannonone nine, and two six poundersthree hundred and sixty stand of small arms with bayonets and accoutrements complete, a large quantity of ammunition and six hundred and thirty dollars in specie, besides clothing and other materials. Its loss, moreover, proved a fatal one to the expedition. The Legislature of Michigan becoming arous- ed to the dangerous character of these proceedings, with reference to the nation- al peace, now interfered to prevent their continuance, and Governor Mason took resolute measures to break up the force. Two thousand men were granted by the Legislature to assist him in protecting the frontier; and the Governor having, on the twelfth of January, accompanied by a ci- vil force, personally visited their camp, and deprived them of all their arms, the main body after lingering about for a few days longer, finally dispersed.. The fever of the public mind was not 100 [June, N Amcricczn Expcditions. however yet spent; and the friends of Canadian independence were resolved not to let the winter pass without making the utmost use of the strong feeling in their favor along the frontier. Four ex- peditions seem to have been undertaken which were to enter Canada at different points all aba,, the line. One was to move from Detroit, one from Sandusky, in Ohio, a third from Watertown in New York, and the fourth from Vermont, under Drs. Nelson and Cot~. In pursu- ance of this arrangement General Van Rensselaer, and McLeod, the adjutant of the Navy Island armya Canadian, and a retired British officerwith straggling parties of their followers, made their way, in the beginning of February, to Michi- gan, and commenced preparations for an extended movement to Canada on the twenty-second of February. The vigilance and activity of General Scott, and of General Brady, who com- manded at Michigan, with some repulses they met from the British, frustrated the ohject of the two first of these agitating disturbances. The Fulton, a powerful steamer was taken into the service of the United States, and with a strong detach- ment of regular troops on hoard, under the command of Col. Worth, was order- ed to cruise along the American coast of Lake Erie with a view to prevent any fresh assemblages of armed bodies from proceeding to Canada. On the 2~d of January this detachment landed at Dun- kirk, and broke up and dispersed a hody of near three hundred of the patriots, re- cently from Navy Island, who were wait- ing, in pursuance of the general plan for a steam packet to carry them to Suther- lands head-quarters. The Colonel, not- xvithstandin,, the rage and imprecations of the men, took all their arms into cus- tody, and thus effectually deprived them of power for harm. Col. Worth, after this, remained in station at Detroit, where his presence contributed to destroy the hopes of many who thought the Federal Government would not have actively in- terfered to prevent these operations. General Brady, having received notice of these extensive designs, made a requisi- tion on Governor Mason for four hundred men to preventtheni within his district. It is a forcible illustration of the depth and extent of the feeling existing among the whole frontier population in favor of the patriots, that the greater portion of the arms destined for these troops found their wayeven before they were unpacked to the invading army; and General Brady was so apprehensive that his men would take a like direction, that he imme- diately disbanded them. A small body of regulars soon afterwards arrived to his assistance, on which better dependence could be placed. The restless energy and enthusiasm, however, which prompted these various movements, and which, properly directed, mi~ht have produced the most striking re- sults, seems to have expended itself in a series ofdesultory and ineffective attempts, which served no purpose but to provoke and exasperate the British authorities, and to disgust the real friends of the patriotic cause, on both sides of the line. A considerable number of men who were assembled as the nucleus of one of these expeditions on Fighting Island, in the Detroit river, xvere driven from their camp by the British, on the twenty-fifth of February. Not deeming the ice prac- ticable, this force hore, with great compo- sure, a steady fire of artillery, which was opened upon them, until they saw the whole hody of the British, consisting of nearly six hundred regulars and militia, under Major Townshend of the 24th re- giment, crossed from the mainland upon the ice in single files, to attack them, when they broke up in great confusion, desert- ing one piece of artillery which they pos- sessed, and most of them leaving their arms and provisions behind. The United States troops, under Col. Worth, dispersed another of these ir- regular hands, by marching upon a large body of them, well-armed, who had ren- dezvoused at Comstocks tavern, on the lake shore, eight miles from Detroit. About one hundred and fifty of these ac- tually attempted to cross the lake on the ice into Canada, before Col. Worth came upbut the intensity ofthe cold compelled them to retrace their steps, having spent the night on the ice, where every one had well nigh perished. They dispersed on reaching land, and all their arms were re 1838.] 101 Insurrection in the Canalas. covered. A very powerful demonstration upon Kingston, Upper Canada, from Watertown in Jefferson county, New York, proved a similar abortion. By messen~ers sent to all parts of the country, near fifteen hundred men were assembled at French creek, a stream which falls into the St. Lawrence, some distance below Kingston, and took a position favorable for passing into Canada. The militia and loyalists of the province were, how- ever, thoroughly aroused, and prepared for them, which, with some difference that arose between the leaders, Mr. Mackenzie and Gen. Van Rensselaer, so damped the courage of the invaders, that very few could be induced to persevere; and the enterprise was, in consequence, abandon- ed,the people returning to their homes. The arsenal at Watertown had been plundered to arm this corps; and, on the twenty-fourth, the arsenal at Batavia was also opened, and above one hundred mus- kets, besides other arms, and one thousand pounds of powder taken out. On the twenty-fifth the arsenal at Elizabethtown, in Essex county, was served in the same manner, and above one thousand muskets abstracted; in consequence of which, Governor Marcy offered a reward of five hundred dollars, and two hundred and fifty dollars for the detection of any one concerned in these lawless outrages. The greatest part of this property was, how- ever, afterwards recovered. The latest in point of date of all these headless and aimless expeditions which, on ~ inatin ~ at the extreme Northwestern frontier, for so lon~, a time distracted the peace of the country, did not terminate without producing results of bloodshed. A strong body of men, collected from the original rendezvous at Sandusky Bay, in Ohio, and swelled by numbers from bands previously dispersed, had taken posses- sion of Pele Island, which is situated in Lake Erie, about twenty miles from the Canadian shore. This last refuge of the patriots is a place of considerable magni- tude, being nearly nine miles lona and seven broad, and from its position, about forty miles from Amherstburg, and twenty from the shore of Canada, the patriot leaders thought they could maintain them- selves in unmolested security, until they could concentrate all their scattered bands upon it, preparatory to a combined move- ment upon Canada. The British regu- lars were now, however, on duty on the opposite shore, and their commander was not at all disposed to let such a plan ma- ture in the quietness they expected. Col. Maitland, of the ~2d regiment, who was in command, was no sooner apprized of their presence than he moved with his whole force, consistin~ of two guns, five companies of regulars, and about two hundred militia and Indians, of which forty were cavalry, bout eighteen miles along the coast to a point where the ice was practicable, and at two oclock in the morning of the third of March set off for the Island. This dreary night-march was safely accomplished, and the troops landed, at day break. On the third, Capt. Brown, with two companies of the 3~d, and the volunteer cavalry, was sent round to the south end of the Island, and Col. Maitland, with the ,.uns and the remain- der of the force, landing at the northern extremity, drove the patriots before him, till they encountered Capt. Browns de- tachment when a smart action took place, the firing being kept up on both sides with much spirit until the British charged with the bayonet, and drove the patriots back to the woods. Here the whole num- ber, finding themselves about to be com- pletely surrounded, got into sleighs which they had ready, and escaping at an un- protected point, safely reached the Ameri- can shore, leaving a part of their number behind them wounded, their commander, Col. Bradley, Major Howdley, Captains Van Rensselaer and MeKeon, with a few privates, were killed; and the British re- gulars sustained the severe loss of thirty men in killed and wounded. A force of about six hundred, organized under the command of Doctors R. Nelson and Cot6, at Alburg, Vermont, in concert with these defeated movements, met with a like result. On the last day of Febru- ary they crossed the lines at CaIdwells Manor, and issued a Declaration of In- dependence, and a proclamation to the Canadians, signed by Robert Nelson, President; hut becoming convinced, from information, that a much stronger regular force was advancing against them, 102 [June, 1838.] Conclusion. they recrossed the line into the United States on the followin~ mornin0, and surrendered the army to General Wool, who took both the leaders into custody. We have described those confused, and unwarrantable operations, because they were inseparably connected with the sub- ject, and possess an important interest, in developin0, both to En~land, Canada, and the United States, the one irrefra~able fact, that the PEOPLE in these contigu- ous re ions cannot be separated in their feelings and interests; and that, however Britain may le0islate, the hardy, simple, republican, people of the North, hold, at all times, the balance of power between her and her province in their bands, and that it rests, at any moment, with the Canadians themselves, to maintain the equipoise with European interests and European rulersa cumbrous inutility of an irresponsible monarchy and its ten thousand alien bayonetsor to make the scale preponderate, in a moment, with the priceless benefits of popular liberty, self- government, and national independence, chiefly and lastingly secured. This is hut anticipatin the language of history, and is a question with which government and their interests can have little bearin,.,. We can barely mention the conse- quences of this hapless popular outbreak in the Canadas. When the news reached En0land, it filled the Whig Ministry with despair, and filled the Tories with exul- tation. The latter saw in it only the bit- ter fruits of the few concessions which the growin~ murmurs and strength of the people had, within the last few years, wino,, from the nigh ard hand of power, and the extremes of political science met when they united with the friends of Canada in saying that misgovernment was the cause. The Ministry were now resolved to retrieve their fault, and met the crisis by erring on the other side. An overwhelming force was directed to move upon Canada. In full Parliament, the provincial constitutionthe reluctant boon of former fearswas suspended, and a bill was introduced creating a new officer, in- 103 vesting him with dictatorial power, to remedy every evil. A hint from Sir Ro- bert Peel sufficed to banish from this act the only clause which recognized such a troublesome thing as the people, and an unmixed despotism with ten thousand soldiers to sustain it, was the sovereign remedy of an English Whig Ministry for all the calamities of the crisis. Such a measure did not pass through an Eng- lish Parliament, however, without awak- ening fiom their slumber some of those awful truths which once, in the same cause, kindled the echoes of that glorious hall of legislation in the immortal elo- quence of a Chatham and a Burke. There was found a voice of manhood in that hall to tell the people of England, that success was more a matter of rca ret than gratulation, when a free nation was found tyrannizing over a people equally free, and combatting in behalf of their own rights; and to pray in the face of the Commons of England that curses might be heaped on the heads of a Ministry who could spend the national resources in de- fence of principles so disgraceful to a free country. * Our narrative here reaches its close, for the present. The continuation of the history, in its sequel, both as to the sub- sequent dealings of the English authori- ties with the host of prisoners left on their hands, and as to the measures to be adopt- ed for the future tranquillity of the colo- nies, must be reserved till time shall have sufficiently developed the course that events are to take. Of the actors in these troubled and wretched scenes, Lord Gos- ford resigned in the month of February, while the events above related were yet in pro~ress. He was temporarily re- placed by Sir John Colborne, his second in authority in the Province, who was in- stalled with illuminations in Montreal, in grateful remembrance of his own at St. Eustache. Sir Francis Heads resigna- tion was also rendered necessary by an irreconcilable disagreement between him- self and the Ministry at home, chiefly in relation to some important civil appoint- * Sir William Molesworth, in debate on the Canada Bill, I)ecember 23, 1837. Mr. Lea- icr and Mr. 1I,,me distin~ ,,ish ed themselves by their efforts in behalf of the Canadians, on the same occasion. Mr. OConnell was absent from London at the time, or we cannot sup- pose that his voice would have been silent in the same cause. Insurrection in the Canczdczs. rnentsa disagreement antecedent, in its origin, to the events of the insurrection. He did not omit the occasion afforded by his last public act, in his farewell to the House of Assembly (on the 6th March,) to discharge a Parthian arrow at the repub- lican institutions of this country, to the contagious and sympathetic spirit of which was chiefly to be attributed the recent effervescence of a people held down hy military force in the unnatu- ral relation of colonial subjection to a dis- tant mother country. His successor reached Toronto about the first of April, Col. Sir Georae Arthur, a stern, uncompromising soldier, whom an apprenticeship in the military govern- ment of a colony of convicts in New South Wales mi~ht doubtless be presum- ed to have peculiarly fitted for this posi- tion. The immediate authors of the gallant enterprise, of the burning of the Caroline, McNabb and Drew, in ad- dition to thanks and honors from the Pro- vincial House of Assembly, were also rewarded by the Government at home, the former by the honor of knighthood, and the latter by professional promotion. It is to be presumed that this actin any other aspect so wantonly insultin~, to the Government of the United Stateswas performed in the first excitement of the receipt of a partial statement of the affair, and before the strong complaint and demand for redress, on the part of the latter, had reached the English Minis- try. The new Viceroy of the Cana- das, Lord Durham, has arrived, at the date of the closing of the present article, upon the coast, surrounded with all the pomp of wealth, rank, and military dis- play, and all the power of an authority little short of dictatorial. What is to be the end of all no man yet can know. The cause of the Patriots in Canada now lies prostrate. It is easy, therefore, to swell the cry of condemnation, which it seems the fate of failure always to de- serve. But let not, at least, democratic history be false to itselg by refusing to record its sympathynot less strong in defeat than it would have been in victory in behalf of a cause which cannot be otherwise than sacred in the eyes of every sincere American friend of popular free- dom, though it has been precipitat~d to its present ruin, equally by the fierce haste of its eager and exulting enemies, and by the lamentable incompetency of its own lead- ers. Never has that favorite policy of despotism been more completely success- ful, of fomenting and irritating immature discontent into overt rebellion, that it may be crushed at once, in its unorganized weakness, by the armed heel of military preparation. The world will never for- get the revoltine, application of the same policy to Ireland, at the memory of which it still shudders. The present case, with all the horrors of a St. Charles or a St. Eustache, from obvious necessary differ- ences of time and circumstance, falls so immeasurably short of the former defeated rebellion, that, in the difference of de~ree a the similarity of kind is not at first sight manifest. But to the reader who will fairly consider the almosL rabid fury of a portion of the Tory press in Canada; the malignant spirit towards the liberal re- form party, which they breathe, in that f~ ction which, from the outset, took into its hands the crushing of the insurrection, which they precipitated if they did not provoke; the reasonableness of the re- form for which Papineau and his friends had been so long contending, viz, ax Elec- tive Comiecil; the absence of nIl plan orpre- paration on the part of the Patriots, when they were forced into a desultory and scarcely armed rising by outrages on their persons and property, and by the attempt- ed seizure of all their leading men; Papi- pineans plan of peaceful agitation and non-consumptiOn, referred to in his letter seized amon~ Dr. Wolfred Nelsons pa- persto the reader who will fairly con- sider these, and the other evidences con- tained in the above aarrative, we think that it will be apparent that this fearful guilt of unprepared rebellion, with all the blood and misery in its train, oubht, in justice, to rest, rather on the heads of those who are now triumphant in victory, than upon those who are crushed in defeat, upon those who have to inflict, rather than upon those who have to suffer, the penalty which the conqueredby the law of we vie/is !must always pay for the crimes and errors of both. 104 [June,

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Congressional History. The Second Session of the Twenty-Fifth Congress. General Preliminary Remarks 105-107

CONGRESSIONAL HISTORY. THE SECOND SESSION OF THE TWENTY-FIFTH CONGRESS. (Prone Dec. 4,1837, to Jetty 9,1838.) GENERAL PRELIMINARY REMARKS. AFTER an interval of little more than six weeks, since the adjournment of the Extra Session (to the history of which, as given at length in former numhers of the Democratic Review, the reader is re- ferred) Conbress reassembled, to hold its re~ular session, on Monday, the fourth of December, 1838. Such pains were taken in our History of the Extra Ses- sion to illustrate the respective relations subsisting between the different parties in that body, as the representatives of cor- responding parties in the country, that we consider it unnecessary for us to refer again to that subject. Those relations could not within that interval undergo any material change. Some difference, however, was perceptible, and deserves to be noted, in the degree of developement attained by those principles which were in action, that were of a progressive na- ture, to mould and sway the relations of parties. The general rdssem6 of the history of the Extra Session may he thus concisely summed up. The coalition between the Whig Opposition and the fractional Con- servative schism from the Democratic ranks, had decidedly, though not deci- sively, defeated the Administration in the House of Representatives, while the ascendency of the latter was paramount in the Senate. This collision of senti- ment between the two bodies necessarily neutralized all action on the great question of the future fiscal system to be adopted for the Federal Government; and was able to produce no other legislative result than an immediate provision for the sud- denly exhausted condition of the Treasu- ry, hy the Treasury Notes Bill, and the Fourth Instalment Postponement Bill. This had, in truth, been the main purpose for which the Extra Session had been Convened, and thus all its contemplated object had been attained. The main VOL. IV. question, that of the INDEPENnENcE Os THE TaEAsuav, was one of such magni- tude, involvinb considerations reaching so far and so deep, that it was perhaps scarcely to be regretted, even by the Ad- ministration itselg that it did not receive an immediate decisive disposition at the first heat of the contest. Even had it been able to carry through its great mea- sure, however in the present case it might not have been amenable to censure, yet certainly, as a precedent, such rapid pre cipitationin advance of the completion of that thorough sifting and digestion of the subject through the popular mind on which alone such important legislation ought to be foundedmight not have been entirely unexceptionable. We do not mean to imply any censure upon the Democratic party for the powerful and active effort which it did make to carry it through. Their profound and earnest conviction of the soundness of the prin- ciples on which they were proceeding the sudden practical abrogation of all the existing legislative provisions for the ma- nagement of the Treasury, effected by the universal bank suspensionthe pro- priety of placing that on a basis of legis- lation which must otherwise rest solely on the dangerous ground of Executive responsibility, with the apparent necessi- ty of an option between alternatives of which the Sub-Treasury was the only one tolerable to themand the importance of the object of quieting once for all the wild agitation of the public mind, which in the existing state of convulsion and distress was the greatest of evilsthese were the motives which would seem am- ply to justify the effort made to push the measure through the Extra Session. But still, since it did not prove successful, it appears, by the light which the subse- quent progress of events has cast upon the subject, on the whole4 decidedly a 1838.] 105 General Preliminary Remarks. matter for satisfaction, even to the best friends of the Administration and its po- licy, that the action of Congress at that Session took exactly the direction which it did. Practically the Independence of the Treasury was complete, by virtue of the existing laws, at least so lon~ as the suspension should continue, of which it was impossible for any sagacity to fore- see the precise period. The subject un- derwent the most thorou5h siftin~ and illustration that discussion could bestow upon it. Of that discussion we presented a digested summary in our former Histo- ry, which was prepared with the most elaborate care, and of which we are not aware that any party has attempted to impugn the fidelity or fairness. It will form an era in the annals of parliamen- tary debatin. It is not likely that the present generation will ever again wit- ness such another grand pitched battle of opposing intellectual forces. The issue presented by the Presidents opening MEs- SAOEimmediately accepted by the unani- mous shout of denunciation with which it was received by the Oppositionand then thus argued and ad vocated through the whole term of the Sessionwas thus made up, and submitted to the popular judgment, for its mature deliberation and ultimate decision. How long that latter process might take to consummate itself, could not be anticipated. To be healthy and sound, it must necessarily be slow and it was generally understood and de- clared by the friends of the Administra- tion, that they referred the question for- ward to the Presidential contest of 1840, and should not consider any intermediate expressions of popular sentiment against it, as the final judgment on the issue ten- dered and made up. Delay in legislation on great national interests is rarely an evil. It is, on the contrary, in the vast majority of cases an unmixed good. And even if the policy of the Independent Treasury be supposed to possess all the merits which its warmest advocates could claimmerits which they insist will speedily demonstrate themselves by ex- perience, beyond the reach of opposition or question, if only permitted to go into practical effectyet it is better, in all points of view, that the argumentative demonstration, to the full satisfaction of the popular judgment, should precede this illustration of experience, rather than follow it. If such is de med to be the course of thiubs, if the Administration is deatined to prevail on this vital ques- tionto the overthrow, which would be almost the annihilation, of the great par- ty which now constitutes its Opposition it will afterwards be able to carry its poli- cy into full effect under much more ad- vantageous auspices for its own auccess, than if it had succeeded, by a happy and vigorous energy, in carrying the measure through at an earlier stage of the contest; when its practical operation must have been seriously embarrassed, by that op- position which now has to expend itself in eh~ t abstract discussion from which no- thin5 but good can result to the cause of truth. This, then, is the sense in which we have remarked that the defeat of the measure at the Extra Session was not re- garded with any very deep dissatisfaction still less with surpriseby many of its most enlightened and reflecting friends while there was a general agreement of opinion that such defeat was better than an indecisive half-way compromise. Both parties, then, came to the Second Session prepared to renew with undimin- ished spirit and resolution the contest of which the first essay had resulted, as we have seen, in a drawx game. In the mean time a deep agitation was fermenting in the public mind in all sections of the Union. The breach of the Conservative schism was widening sensibly every day; and as the true character of that movement was developing itselfname- ly, as so imbittered and irreconcileable a difference of principle as to convert se- cession into decided desertiona portion of the Conservatives were evidently pass- ing over to an entire amalgamation with the Whig party, while the tendency of another portion was backward toward their former position in the main body of the Democratic party. On the other hand, the seed thrown broadcast through the State-Rights party of the South, by that portion of the old Opposition of which Mr. Calhoun may be regarded as the representative, was evidently be- ginning to germinate, with the prospect of producing as its fruit the accession of the entire South, in mass, to the support, 106 [October, ft 1838.] The Senate. eventually, of the financial policy of the Administration. The bulk of the De- mocratic party at the North and in all nections of the Union, notwithstanding the Conservative secession, and notwith- standin,, the waverin,, of a great number who seemed panic-stricken and paralyzed into inactivity, received the Message of the Extra Session with ace-lamatic , and appeared to enter with the most lively zeal on the support of the principles and policy there held forth. B t the autumn elections which h. ppened to fall upon that peculiar juncture ~vent, with few ex- ceptions, strongly against the Adminis- tration. The overwhelmin, defeat which it susteined in the State of New York, in particular, was a sta cnn blow, from which the Opposition, and no inconside- rable portion of its own friends, appeared to believe that it could never recover. The former were observed to be stimu 107 lated to the highest point of conlldence and enthusiasm; while, though the L tter declared their own confidence of ultimate triumph to be unbroken and unshaken, and ia fact, instead of attempting to re- trace their steps, maintained an unflinch- in, front, and pressed resol tely forward in ur,in, their arguments and appeals upon the peopleyet they were, unques- tionably, in a very delicate and critical position; and it is scarcely to be doubted, that there ~vas~ among large portions of them, no little fe and trembling in the midst of their ranks, as there was much manifest uncertainty, and relaxation of that party or,,,ani ation and unanimity so essential to effectual combined action. Such was, in general terms, the state of things on the re-assembling of Congress in the halls of the Capitol, as before stat- ed, on Monday, the fourth of December, 1837. THE SENATE. ELECTION OF CHAPLAIN. DEATh OF SENA- lumbia, of which he had been Chairman, TOE KENT, os MARYLAND. STANDING as felt with an especial regret by the in- COMMiTTEES, habitants of the District, of which he had A quorum of both bodies having ap- always proved himself the firm and zea peared in their places on the first day, the lo a friend. The Legislature of Maryland announcement of that fact being duly In- not assemblin, till the last week in De- terchan,ed between the two, and commu- cembcr, it was not till the fifth of January nicated to the President, the Message of that Governor Kents vacant seat was the latter was sent dow , as usual, on the filled by a successor of the same political followin, day, at twelve oclock. Before views, CIIARLE5 MERaICK, Esq. proceeding to dive an account of it, two On the subject ef the appointment of or three circumstances may be here no- the Committees, a slight discussion arose, ticed, viz: the rehlection of the Rev. Mr. on Wednesday, out of a motion by Mr. Slicer to the chaplaincy of the Senate for Gauaov, that the Committees should be the session, xvithout opposition; and the appointed by the Chair, instead of by announcement to the Senate of the de th ballot, according to the existing rule. It of one of its members, which had occur- was, however, generally acquiesced in, red within the interval since the adjourn- for the convenience ofthe present occasion, ment of the Extra Session, Governor to save time, and the Chair having the ad- KENv, of Maryland, who had met with a vanta~e of the election by ballot in Sap- sudden death, from an accident, on the tember as a guide to his appointments. twenty-fourth ultimo, at the auc of sixty- It will be remembered that the present nine. In the absence of the survivina rule had its origin at the commencement Senator from that State, the customary of Mr. Van Burens Vice Presidency, announcement was made by Mr. CLAY, of when there was a strong majority in the Kentucky; who paid a feeling and touch- body., of adverse political sentiments. ing tribute to the solid and sterlin,, vir- The former practice had been that the tues of the deceased, both in his public Vice President left his seat vacant for a and private character, the justice of which few days at the beginning and close of all parties could not but be prompt to ac- each session, to give the Senate an oppor- knowledge. The loss of Governor Kent tunity of ele ng a temporary Chairman from the Committee on the District of Co- representing the political complexioii ~f

Congressional History. The Second Session of the Twenty-Fifth Congress. The Senate 107-177

1838.] The Senate. eventually, of the financial policy of the Administration. The bulk of the De- mocratic party at the North and in all nections of the Union, notwithstanding the Conservative secession, and notwith- standin,, the waverin,, of a great number who seemed panic-stricken and paralyzed into inactivity, received the Message of the Extra Session with ace-lamatic , and appeared to enter with the most lively zeal on the support of the principles and policy there held forth. B t the autumn elections which h. ppened to fall upon that peculiar juncture ~vent, with few ex- ceptions, strongly against the Adminis- tration. The overwhelmin, defeat which it susteined in the State of New York, in particular, was a sta cnn blow, from which the Opposition, and no inconside- rable portion of its own friends, appeared to believe that it could never recover. The former were observed to be stimu 107 lated to the highest point of conlldence and enthusiasm; while, though the L tter declared their own confidence of ultimate triumph to be unbroken and unshaken, and ia fact, instead of attempting to re- trace their steps, maintained an unflinch- in, front, and pressed resol tely forward in ur,in, their arguments and appeals upon the peopleyet they were, unques- tionably, in a very delicate and critical position; and it is scarcely to be doubted, that there ~vas~ among large portions of them, no little fe and trembling in the midst of their ranks, as there was much manifest uncertainty, and relaxation of that party or,,,ani ation and unanimity so essential to effectual combined action. Such was, in general terms, the state of things on the re-assembling of Congress in the halls of the Capitol, as before stat- ed, on Monday, the fourth of December, 1837. THE SENATE. ELECTION OF CHAPLAIN. DEATh OF SENA- lumbia, of which he had been Chairman, TOE KENT, os MARYLAND. STANDING as felt with an especial regret by the in- COMMiTTEES, habitants of the District, of which he had A quorum of both bodies having ap- always proved himself the firm and zea peared in their places on the first day, the lo a friend. The Legislature of Maryland announcement of that fact being duly In- not assemblin, till the last week in De- terchan,ed between the two, and commu- cembcr, it was not till the fifth of January nicated to the President, the Message of that Governor Kents vacant seat was the latter was sent dow , as usual, on the filled by a successor of the same political followin, day, at twelve oclock. Before views, CIIARLE5 MERaICK, Esq. proceeding to dive an account of it, two On the subject ef the appointment of or three circumstances may be here no- the Committees, a slight discussion arose, ticed, viz: the rehlection of the Rev. Mr. on Wednesday, out of a motion by Mr. Slicer to the chaplaincy of the Senate for Gauaov, that the Committees should be the session, xvithout opposition; and the appointed by the Chair, instead of by announcement to the Senate of the de th ballot, according to the existing rule. It of one of its members, which had occur- was, however, generally acquiesced in, red within the interval since the adjourn- for the convenience ofthe present occasion, ment of the Extra Session, Governor to save time, and the Chair having the ad- KENv, of Maryland, who had met with a vanta~e of the election by ballot in Sap- sudden death, from an accident, on the tember as a guide to his appointments. twenty-fourth ultimo, at the auc of sixty- It will be remembered that the present nine. In the absence of the survivina rule had its origin at the commencement Senator from that State, the customary of Mr. Van Burens Vice Presidency, announcement was made by Mr. CLAY, of when there was a strong majority in the Kentucky; who paid a feeling and touch- body., of adverse political sentiments. ing tribute to the solid and sterlin,, vir- The former practice had been that the tues of the deceased, both in his public Vice President left his seat vacant for a and private character, the justice of which few days at the beginning and close of all parties could not but be prompt to ac- each session, to give the Senate an oppor- knowledge. The loss of Governor Kent tunity of ele ng a temporary Chairman from the Committee on the District of Co- representing the political complexioii ~f 108 Congressional Histary.Sen ate. [October the majority, on whom that duty devolved. THE MESSAGE. In the present case the known accordance This being the first general Message by of views between the Yice President and the present Executive, was looked to with the majority obviated all objection of that much interest, although, of course, not of nature to the course which was adopted. the same nature or degree with that to The Committees were accordin~ly an- which peculiar circumstances, before ex- nounced from the Chair on the following plained, gave rise in the case of the Extra day, as followsthe first named on each Session. It was a lucid and able docu- heinz, of course, its Chairman: ment. Of the Poreegm J?elateons of the On Foreign RelationsMe55r5. Bu- country it exhibited, on the whole, a very chanan, Tallmadge, Clay, of Kentucky, satisfactory ie~v. It paid a well d~served Rives, and King. tribute of acknowledgment to the skilful On FinanceMessrs. Wri~ht, Web- efficiency which had conducted our fo- ster, Nicholas, Benton, and Iiubb~.rd. reign relations throuohout the late admin- On ~orn,neerce.Messrs. King, of istration; adjusting very nearly all out- Alabama, Davis, Brown, Rug~les, and standin~ claims and subjects of difficulty; Norvell. and restorin,, to the mercantile community On Indian AffairsMessrs. White, of this country many millions of which Sevier, Tipton, Linn, and Swift. they had Ion, been deprived, in the way On Mannfactures.Messrs. Niles, Bu- of indemnities for old spoliations on our chanan, Preston, Strange, and Pierce. commerce,and that in the happiest man- On Pnblic LandsMessrs. Walker, nec, without compromising, on any occa- Fulton, Clay, of Alabama, Allen, and sion, the honor or peace of the country. Prentiss. The President noticed, with great satis- On Private Land Claims.Mes5r5. faction, the friendly spirit which subsisted, Linn, Sevier, Bayard, Mouton, and Lyon. in a greater de~ree than at any former pe- On Post Office and Post Roads. nod of our history, on the part of the peo- Messrs. Robinson, Grundy, Knight, ple of the two countries, between the Brown, and Niles. United States and Great Britasa; while On Clairns.Messrs. Hubbard, Tip- he expressed himself in very decided ton, Crittenden, Spence, and Young. lannusee in relation to the outstandin,, On Revolutionary ClaimsMessrs. controversy ofthe Northeastern Boundary Brown, White, Crittenden, Norvell, and ~uestion,regretting that half a century Smith, of Connecticut. had not brought that question any nearer On the JudiciaryMessrs. Grundy, to a decisive settlement than it was at its Morris, XVall, Clayton, and Stran,e. outset, in the treaty of 1783. He said On Naval Afl~airs.Messrs. Rives, that it had now become imperative, in Southard, Talhhad ge, Cuthbert, and the course of thin,s, that it should be put Williams. at rest. The present state of the case On Agricultnre.Me55r5. Smith, of was, that the British Goverment appeared Connecticut, Spence, Linn, McKean, and to have co~ ceived the conviction that a Black. conventional line must be adopted, from On Military Aff~airs.Messrs. Benton, the impossibility of ascertainin, the true Preston, Tipton, Wall, and Allen. one, according tothe description contained On MilitiaMessrs. Wall, Swift, in the treaty. Though this opinion was Clay, of Alabama, Mouton, and Smith, never entertained on our part, yet the ear- of Indiana. nest desire to terminate satisfactorily this On Patents and Patent OfficeMessrs. dispute, had prompted the proposition of Ruggles, Stran,,e, Davis, Prentiss, and a certain conventional line, if the consent Robinson. of the States interested could be obtained, On Roads and 6~anals.Messrs. Tip- to which the reply of the British Govern- ton, MoKean, Nicholas, Young, and me t was now daily expected. Lyon. With all the otherEuropean powers the On PensionsMessrs. Morris, Pren- most friendly relations and intercourse tiss, Pierce, Roane, and Williams. subsist. O~ving to the distraction and On the District of ColumbiaMessrs. fiscal embarrassments of civil war, the Roane, Williams, Nicholas, Spence, and last instalment of interest of the debt due Bayard. under the convention with the Q.ueen of To audit and control the Gontis gent Spain has not been paid. It was also to Expenses of the SenateMessrs. McKean, be re~rctted that our commerce with Cuba Fulton, and Black. and Porto Rico still l~ bored under heavy On Engrossed BillsMessrs. Clay, of restrictions, the only effect of which is to Ala., Smith, of Indiana, and Norvell. benefit the navigation of other countries On the following Monday the follow- at the expense of 1)0th the United States ing members were appointed upon the and Spain. In relation to Portugal he Library Committee: Messrs. Robbins, had to regret the continuance by that Allen, and Wall. country of discriminating duties on Ame 1838.1 The Message. 109 rican commercecontrary to the impres- of the state of the national finances, and sion under which the act of July fourth, referrin~, to the report of the Secretary of 1836, on our part, suspendin~, those on the Treasury for ampler details, the Pre- Portu~uese commerce, had been passed. sident then proceeded to bring a0ain be- So far as Portu~uese tonnage was con- fore Con~ress the subject of the fiscal sys- cerned, the President had revived (by tern to be adopted for the future custody proclamation of eleventh October last) and disbursement of the federal revenue. the discriminatin~ duties before chars ed, He declared his views to coincide fully by virtue of the act of May twenty-fifth, with the adverse opinions already express- 1S3~. With respect to Portu~uese pro- ed by both branches of Congress aaainst duce, the terms of the act of July fourth, either a National Bank or revival of the 1836, left the Executive no such discretion- Deposite Bank system; and renewed the nry power, and it became his duty to sun- recommendation of the Independent Trea- gest the subject to the attention of Con- sury, with tlse separation of all connection gress for whatever further le~islation it between it and the banking institutions of rni~ht deem expedient. the States, on grounds of mutual interest, With respect to the South American disavowing any hostility in the proposed States, the unsettled condition in which policy to them or their ri a hts. In relation they were all constantly involved, caused to the special deposite plan which had been delays in the adjustment of our various an ested, hetho u~h.t a discretionary pow- claims upon them, of which there appear- er might adventageously be vested in the ed no early prospect of a termination, cx- Executive officers to use the banks in cept in the case of New Grenada, Vene- that way; the absence of the feature of zuela, and Ecuador, which have recently compulsion, and the interdiction of the use formed a convention to ascertain and ad- of the public funds for banking purposes, just claims upon the Republic of Colum- obviating some of the greatest objections bia, which they formerly composed. An to the connection, and securin one of the advantageous commercial treaty with the principal ends of the proposed divorce, Peru-Bolivian Confederation, now waited though it would still fall short of his very only the ratification of that Government. decided convictions of the true public po- The relations with Mexico presented a licy on this very important ubject. In very unsatisfactory aspect. Referring to the course of this part of his Messa~e, no- the action of the late Executive and the ticing the importance of the element of late Con~ress on the subject, (the latter public opinin in our system of govern- having directed that another formal and ment, he alladed to the elections which final demand sho ld be made for redress had recently been held in various sections for the many causes of complaint subsist- of the country, thou~h they had in nene- ing) the President stated that he had sent ral been for State, and not for federal, a special messenger to make such demand. purposes. As this portion of the Message It was made on the twentieth July. An has been made a subject of frequent and answer on the twenty-ninth July, stated severe attack upon the President as im- that the different cases would be immedi- properly and insultin~ly charging tise ately taken up, considered in a spirit of people of the States referred to, with cor- liberal justice, and the answers upon them ruption under the influence of bank bri- successively com~ unicated throu~h the bery and power, the duty of strict and Mexican Minister here. Since that time just impartiality which we impose on a Minister has arrived, brin lag assu- ourselves requires, as the most proper rances of a most earnest desire on the course, the quotation of his exact lan- part of that Government to adjust all thee guage, witisout farther remark or corn- difficulties in a satisfactory manner. mentary. It was as follows: Having felt a peculiar anxiety in the case You will, I am confident, yiehd to their of Mexico to restore harmony to the rela- results the respect due to every expresslois tions between the two countries, the Pre- of the public voice. Desiring, however, to sident ree retted that the performance had arrive at truth, and a just view of the subject hitherto been so widely disproportionate in all lte bearia5s, you will at the same time to the hopes excited by these assurances, re member, that questions of far deeper and the details of which were herewith corn- mare immediate local interest, than the flecal municated to Congress, tise subject being plans of the Natloash Treasury, were involved returned, with re~ret, into its hands, (the iC those elections. Above all, we cannot Executive hay in0 done all that lay within overlook the striking fact, that there were at its competency) to decide upon the time, dr time in thoce States more than one hun- mode, and measure of redress, confi- ed and sixty issilhions of hank capital, of decisions would be character- which large perIlous were subject to actual denithet its forfeit,areather large portions upheld only ized by moderation and justice. by special and limited legislative indulgences The Message then proceeded to our and most of it, if not all, to a greater or internal concerns, less extent, dependent for a continuance of After presenting a brief general view its corporate existence upon the will of the Ccsr& gressicmal History.Senczte. [October~ State Legislatures to be thess chosen. Ap- view the object of filling the new State prised of this circumstance, you will judge, and Territories with an industrious and whether it is not most probable th t the pecu- independent agricultural population. liar condition of that vast interest in these re- The most important of these modifications, spects, the extent to which it has been spread propositions for which have already occu- through all tha ramifications of society,.. its di- pied much of the time of Congress, is, the rect connectioss with the then pendins elec- duston of the price of the puhlic lands. tions, an(t the feelin~s it was cslculated to in- fuse into the canvass, have exercised a far s.t present, all he tug sold at tise uniform. greater influence over the result, than any price of a dollar and a quarter an acre, which could possibly have been produced. by large tracts remain unsold, and would al- a conflict of opinion in respect to a quectien ways so continue, so lou0 as, by removal in the adininistration of the General Govern- f .rther west, choice lands could he pur ment, snore remote and far less important in chased at the minimum price. This scat- its hearings upon that interest.? tered the population in detached points He next called the attention of Con~resa and strips, instead of spreading it uni- to the mode in which the Pennsylvania formly over the face of the country, cre Rank of the United Statee had discharged, ation a vast extent of sparsely settled and was discharging, the trust which had frontier to protected hy the military been conferred upon it by its charter, of force of the Government agatnat tha In- winding up. the affairs of the late National dian tribe This state of things waa Bank, in re-issuing the notes of the old plainly objectionable in various points of hauls, received by it for the purpose of be- vsew. T yen dy had often. been pro- ing cancelled. Those notee having had posed, of 0radnating the price of the in- their origin under the charter from the ferior lands by the simple measure of the Federal Government, front which they lenntb of time they should remain unsold derived a national character and credit, after hem0 offered inthe market. This had both from their receivability for public met with much opposition, and xv a oh- dues, and from the participation of the jectionable i . several respects. But mi0ht Governa cut in their issue a ala ge stock- not a compromise be adjusted between the holder, he su0gested a hether it was not a confiictiu0 opinions ott the subject i He duty of the Government to inquire into an00 eed the plan of an act I val ho such an abuse of the barter which it had of the lands in the old districts which granted, and which permitted the use of have retnainedlong unsold; and the classi- the corporate name for two yeats, (now fication of them into two or more rates nearly expired) for the sole purpose of below the present minimum price, with winding up all outstandiu~ concerns, the restriction of sales. to limited quanti- Such a cour never having bnn. ntici lien He s.ug0ested. also the consolidatin p ted, was not provided for y any I nalty of some of the land districts, avith the re- in the charter, ave there any general duction of the persons employed, there law in existence for the prevention of si - hem0 but little remaining to do in some mr acts for the foture. of the districtslooking forward also to He then proceeded to the subject of the the Ii when, in. some of the States, all Public Lands, referrin0 to the accompany- the refuse and unsold land might he ceded in0 Report of the Commissioner of the to the States, for a jiest equivale t, and General Land Office. He presented a all the machinery of the federal land offi- brief general viexv of the existiu0 land eec withdrawn, as a consummation much system, the operation of which had pro- to b desired by all who take a compre- duced thus fai the result, of the sale of about hensive view of our system, and believe seventy millions acres, for the most pa that one of its greatest excellences.coiiststs for actual settlement, the increase of the in iuterferiu0 as little as possible with the Western population from sixtxr thousand i ternal concerns of the States. souls in lSdO, to aho three uuillions and This modificatios of the system avould a halg the creation of nine itidependent operate beneficially in another point of States, with a lar0e contribution for the view. It avould remove the principal in- general benefit o~ the Union from the ducemeut to any excuse for intrusions on. proceeds of these sales. The system, the public land, avills the view of gettin0 then, on the xvhole, avorked well, and time benefit of future preutuiption laws,. ought smut to he disturbed in its general The past practice has been reprehensible principles, ahhou0h some modifications a thi respect. The laws against satin might be rendered proper by the pro0ress. sion have proved in practice inoperative;, of events attd cireumatances, and by the and successive predmptiosi laws have demands of public opinion, for the par- passed, as from time to time the accum pose of snore fully carryin0 o t the origi- lation of such settlers has forced the sub- nal intention of the system; which, al- ject on the attention of Congress. The though it looked to the revenue from the laws ought either to he enforced or abro- sales as an important object for the com- gated. The practice of holding out ~ mon benefit, yet certnitdy had chiefly in premium In the infra tionof the laws.,, by Tire Message~ the inducement of the example, from time to time repeated, of legalizing them after- wards, is plainly indefensilile. By the proposed graduation of price, the present excuses for such intrusions xviii he re- moved, which appear to present so strong an appeal to public favor on the part of those who only occupy the waste lande of the wilderness for actual cultivation, with the view of payin~ for them as soon as brou~ht into market. The laws against intrusion will then he easy of execution, no lon~er conflictin xvith public senti- ment. At the same time, in reasonable and liberal justice to those who have been led by the tiniform course of former 1e5, is- lation to settle on the public lands with the view to future preemption, be recommend- ed the passa,,,e of one more law in their favor, in connection with the proposed improvement in the system, the operation of xvhich was to obviate the necessity of hereafter passin~ any more of the kind. There was no objection to this course, on the ground of the interests of the public treasury, inasmuch as the past experience has shoxvn that, since the introduction of the system of cash payments in 18~20, the nett revenue from the public auction sales had not avera,,,ed over six cents an acre more than the minimuns Government price. While recommending extreme care in the provisions of the law, to guard against the abuse of its intention and ob- ject, he especially suggested, that under no circumstances was it considered expe- dient to authorize floatia0 claims in any shape. Referring then to he Report of the Se cretary of War, he recommended such an sncreas3 of the Army, as was pointed out by vecent experience, as not only the most economical course, but necessary for the discharge of the duties devolving on it; renewing also the repeated recommen- dations of his predecessor for the increase of the corps both of military and topogra- phical en,,,ineers. He also directed at- tention to the plan recoi mended by the Secretary of War, for the oranization of volunteer corps, and the instruction of militia officers, throu ~ bout the country, withthe view of placin~ its general militia on a more efficient footing than at pre- sent. He also recommended the establish- ment of a national foundry for cannon for the Army and Navy; a manufactory for gunpowder; and a manufactory of small arms west of the Alleghany moun- tains. Proceeding then to the subject of the removal of the Indians to the west of the Mississippi, which policy (having been begun in 1804 by Mr. Jefferson, and by uniform continuance ever since adopted as the settled policy of the country) had now nearly reached its consummation, he stated that thus far it had been attended with the happiest results, for the best in- terests of all parties concerned. Stipula- ons for emigration had been made with a 1 now remaining east of the Mississippi, excepting a few minor tribes; with all, or nearly all, of Whom they would doubtless be entered into durin~ the course of the present year. The Secretary of War would soon present a plan of military or- ganization for the western frontier, for the double objects of the protection of our own population, and that of the Indians, ac- cording to the guarantees of our agree- ments with them. The state of the Navy was satisfactory and efficient, and he suggested the provi sion of a home squadron forthe protection of commerce on our eztensive coast. He noticed the impartant services rendered to our navination by the officers engaged in the coast survey, and invited the attention of Con ress to the various suggestions of the Secretary for the ii provement of the service. The condition of the Post Office De- partment was in a very high degree satis- factory. The mail routes cover an extent of about o e h odred and forty-two thou- sand eight hundred and seventy-seven miles, bein~ an increase of about thirty- seven thousand one hundred and three miles within the last two years. The annual transportation of these is about thirty-six million two hundred and txven- ty-eight thousand nine hundred and sixty- two miles, bein~ an increase of about ten million three hundred and fifty-nine thou- sand four hundred and seventy-six miles within the same period. The number of post offices has been increased from ten thousa d seven hundred and seventy to twelve thousand and ninety-nine. A ge- neral zeal and fidelity pervaded the ser- vice. The revenueof the Department for the year ending thirtieth June last, was four million one hundred and thirty-seven thousand and fifty-six dollars, and the liabilities accruin_ within the same time three million three hundred and eighty thousand ei ~ ht hundred and forty-seven dollars. Increase of revenue over the preceding year, seven hundred and ei~ht thousand one hundred and sixty-six dol- lars. He recommended the extension to all officers intrusted with the collection and disbursement of the public money, of the principle applied to all the most important ofthose in the civil service, viz, the renewal of bonds with nod securities at the expi- ration of every four years ;also a change of the period of terminatin,, the fiscal year from the first of October to the first of April; and the passage of a law for the prevention of steamboat casualties, by se- vere provisions connected with their cus 183S.I 111 Congressional Jlistory.Senate. tom-house papers; and concluded with especially commending to the liberal at- tention of Congress the interests of the District of Columbia, and a thorough and a careful revision of its local government, which has heretofore been very oppress- ively and unjustly neglected. Of the voluminous documents accom- panyin,, the Message, exhibiting in detail the condition and action of all the different departments of the Government an ac- count cannot be expected here, as they would swell the bulk of this general his- torical view of the Session to an entirely unsuitable extent. To all interested in detailed inquiries into any particular subjects, they are, of course, easily ac- cesssible. THE ANNUAL vasAstlaY REPOST. 1. The first section of this document, treating of the revenue and expendi- tures, exhibited the following general state of the public finances: The total balance in the Treasury January first, 1837, - - - - $45,968,523 86 Receipts of first three quar- ters of the present year, 15,144,916 00 Receipts of the fourth quar- ter(including the issue of four millions three hun- dred thousand dollars of Treasury notes) estima- ted at - - - - 8,355,065 00 Making an aggregate of $69,468,504 86 Expenditures of the first three quarters, - - 25,418,916 57 Expenditures of the last quarter estimated at - 9,862,445 00 Balance in the Treasury on first January, 1838, 34,187,143 29 Of this the twenty-eight millions on deposite with the States; three millions and ahalfin the old deposite banks: one million one hundred thousand dollars of old unavailable funds; and about four hundred thousand dollars-make an aggregate of present unavailable funds, of about - - - - 33,101 654 97 Leaving an available bal- ance on first January, 1838, applicable to gene- ral purposes, of - - 1,085,498 32 Amount ofunsatisfied out- standing appropria- tions, after deducting what will go to the sur plus fund, - - - 14,141,643 2. The amount of public debt re- maining unclaimed and undiacharged is, Of the funded debt, princi pal and interest, - - 327,75 791 Of the unfunded debt - 36,932 40 3. The receipts of the year 1838, including the es- timated unavailable ba- lance on hand of $1,- 085,498, are estimated at 33,045,285 The new appropriations asked for are - - 20,523,249 The permanent appropri- ations under former acts are - - - - 2,262,000 Expected excess of appro- priations beyond the es- timates submitted, - 1,000,000 Outstanding appropria- tions, - - - - 14,141,644 Aggregate of appropria- tions chargeable to the year 1839, - - - 37,926,892 Probable amount of actual expenditures, - - 26,926,892 For redemption of Trea- sury notes, - - - 8,000,000 Making an aggregate of - 31,926,892 Being less than the estima- ted receipts, by - - 1,118,393 In the present state of the country, how- ever, it was added that a very ,,reat un- certainty must rest upon these estimates, and a reduction of appropriations was suggested, as fast as compatible with the public interests. 4. The fourth section of the Report re- lated to the exports and imports of 1837. The amount of exports were ascertained and estimated to havebeen - $116,906,000 Of these, there were of do- mestic origin, - - 95,183,19~ Of foreign origin, - - 21,722,861 This was a diminution in the former, of - - 11,733,481 And in the latter, of only 23,409 The great decrease of the former was occasioned by the fall in the price of cot- ton last spring, while the large amount of foreign products reexported, in propor- tion to the imports, was caused by the double object of obtaining the drawback on many of them in specie, and of dis- charging the foreign debt abroad. The value of imports for the year was - - 140,852,980 Being a diminution from the preceding year, of - 49,127,055 Dunn, the last quarter of the year the imports did not exceed $22,829,611. Yet even of these there were reexported not less than $6,052, 524. The domestic ex- ports of that quarter did not exceed 13,105,510, making the aggregate $3,533,313 less than the imports during the same quarter. This shows that 112 [October, I 1838.] though a large amount of stocks, & c., were exported, yet the reduction of the foreign debt during that quarter was not so great as some have supposed. For a series of past years the average excess of our exportations of grain over the small quantity impo ed has been about six millions of dollars. During the past year, however, the exports have fallen off nearly a million, while the imports have risen to four and a half millions. This change of five or six millions in our imports and exports of grain, in connec- tion with the prices attendant upon the late revulsion, was alone adequate to af- fect very seriously the pecuniary difficul- ties of the country. It is estimated that the annual cost of grain for consumption to our population cannot he less than about a hundred and twenty-four millions. The rise of price during the past year (from neglect of a~riculture, unfavorable season, and expansion of the paper currency) hav- ing averaged quite eighty per cent., must have increased the cost of bread alone a hundred millions, which, upon the half of the population that do not raise their own grain, would be equivalent to a clear tax of fifty millions. There was much highly interesting and useful matter embraced in the next two sections of the Report, explanatory of the fiscal history of the past year, and the es- timates for the next, on which we do not feel at liberty, in our restricted limits, here to dwell. Among other points, we may mention, that he anticipated the possibility that a much larger amount of Treasury notes, than above estimated, might he re- turned upon the Treasury, causing a cor- responding deficiency, unless the prohibi- tion to reissue them during the year he re- moved. He also expressed the belief that the ordinary expenses of the Government can be brou,.ht down to the level of about seventeen millions of dollars; remarking that the charges on the Treasury above that average, for the last two years, have been chiefly composed of the unusual ap- propriations for public worlcs, (made in consequence of the redundant revenue,) for the extinction of Indian titles, and for Indian ei~igration, for the grants to the District of Columbia, and for the expenses of the Florida war. 7. The next section related to the banks, and the collection, keeping and disburse- ment of the public revenue. He alluded, in general terms, to the serious defects in the bankin,, system in existence in the coun- try, and gave some valuable details in re- lation to the condition of the banks in the different sections of the country; for which we can only refer the reader, interested in the subject, to the Report itselg and the accompanying documents, which were very voluminous. He renewed the re 113 commendations of the last Report in rela- tion to the reorganixation of the fiscal system of the Government; connecting therewith, both the feature of receiving payment in advance for the public lands at points to be designated by the Depart- ment, and the extension of the warehouse system, with the payment for duties when goods are taken out for consumption. And the Report (one of the most valuable that has issued from the Department, as condensing a vast amount of useful infor- mation, and important views, developed in a lucid and forcible manner) concluded with a variety of miscellaneous matters of minor concern, to which it is not necessary here to advert. It ought not to be omitted here to men- tion, that an unusually lar~e number of reports were, from time to time, submitted to either House of Congress from the Treasury Department, during the course of the Session, elicited by various resolu- tions of inquiry, evincing, in a very sig- nal manner, the faithful, comprehensive, and industrious talent which animated its administration. rnsvaicv coaRENcv aIt,L. The first skirmish, of any importance, that took place between the two parties in the Senate, was on a Bill reported by the Committee on Finance, as early as the second Wednesday of the Session (Dec. 13) for the suppression of the currency of small notes., or shin-plasters, within the District of Columbia. On Monday a re- solution had been adopted, on motion of Mr. Benton, referrin~ the subject to this Committee. On the succeeding Tuesday (Dec. 19) a further bill for the reform of the currency of the District was reported, revokin,, the charters of such banks as should not have resumed specie payments by the first of May next. These mea- sures, proposed by the Committee peculi- arly considered as representing the views of the dominant party in the body, on the great subject dividing the country, had of course their point of view of general bear- ing, of vastly greater importance than that of their local action on the District itself. It was rather as a precedent and example, to exert a moral influence on public opin- ion abroad throughout the States, than for the sole purpose of local legislation, that the Committee thus early brought in these bills, the provisions of which were severe, and couched in strong language. The second was not taken up till a late day in the Session, and will be suitably noticed below. The former was taken up on Thursday; and on that day, Friday, and the succeeding Tuesday, elicited a very warm and spirited debate. Being pre- cisely the same that had passed the Se- nate at the late Session, little opposition District Currency Bill. 114 Congressional History.Senate. [October, was anticipated to it at the present. It other difficulty in the way to prevent the was attacked, however, with great seven- really sound and solvent banks from re- ty, especially by Mr. Clay, of Ky. The suming specie payments, but their own Administration was denounced as hay- timidity in shrinking from a hold and ing plunged the currency of the country determined effort. For the District it into its present wretched state by its long was proposed that, on the resumption by series of wild and destructive experi- its banks, the circulation of the paper of ments. It was urged that in the absence other banks that should not follow their of all sound circulating medium for the example should be prevented, by such se- minor purposes of common business, cre- vere penal restrictions as should be ade- ated by the faults of this vicious policy, quate to the object; the effect of which these substitutes were not to be dispensed would be to relieve them from the compe- with, without intolerable inconvenience to tition of foreibn irredeemable paper, arid all classes, and especially the poorer or- to make the resumption for the District a ders of population; and that while the perfectly safe and easy operationafford- adjoinin,~ States tolerated them, it would in0 at the same time an example which be an abuse of the local jurisdiction of needed only to be followed by other States Congress to legislate with such severity to secure an early aeneral resumption. It a,,ainst them. The committee was as- was urged that the great increase in the sailed, both by Mr. Clay and Mr. Pres- stock of specie in the country, under the ton, with a torrent of scornful sarcasm, policy of General Jacksons administra- for such picayune legislation such tion, having been for the last five years petty and contemptible applications to not less than twelve millions annually, the 0reat evils of the times, which the for- had placed the country in a position to mer entleman repeatedly insisted were ride comparatively harmlessly through only to be remedied through the agency the storm of the present convulsion; that of a powerful National Bank. the resumption (for the solvent and honest The bill, the Committee, and the Ad- banks) must be a safe and speedy pro- ministration, did not lack defenders; and cess, in spite of every exertion that might the speeches took a pretty wide range, in proceed from the United States Bank in- discussing the eneral merits of the great terest, to arrest or embarrass it. The pa- party contest in progress, being extended hey now pursued, of indginite postpo - to the merits of the suspension, and to the arent of all energetic action (illustrated by question of an early resumption, of specie the proceedings of the recent bank conven- payments, and the duty of legislation to tion in New York,) was strongly repro- act on the banks with a compulsory pro- bated; and while on the one side it was cess, instead of following the example of argt~ed,that Con cress had no right to use some of the States, and leaving the sub- the District as a crucible for financial ex- ject virtually to their own discretion and perimenting, to verify its own abstract honesty. The principal speakers were theories, it was on the other hand strongly Messrs. Benton, Niles, Young, Wright, urged, that Congress ought to lose no time Brown, and Buchanan. It was strong- in exerting its only legitimate action upon ly insisted that there was no necessity the States, by the moral influence of its for the circulation of this worthless de- example in dealing with the banking in- scription of paper; that even the argu- stitutions under its own immediate juris- ment by which it had at first been de- diction. fended, viz, the rate of foreign exchange In relation to the attacks upon the Coin- creating a high premium on specie for mittee, they were met with the fact that exportation, had now ceased to exist, the the present bill was, verbatim et literatim, foreign exchanges having now sunk to the same with that which had passed the two or three per cent. below par. That Senate without opposition, at the late Ses- it was only necessary to create a demand sion; and also by retorting the inconsisten- for specieespecially of the smaller de- cy of the double charge hrought against it. nominations, which were never the sub- At one time its bill was treated with most jects of exportationby expelling its mortifying contemptas a mouse unwor- paper substitutes, to insure a full supply; thy of the laborious parturition of the and that in those parts of the country mountainas a miserable, splenetic mea- where they had been discountenanced by sure, operative only to oppress the petty the law and public opinion, there was an hucksters of the markets, and the poor ample circulation of silver chane for beggars in the streets of the District. At common use. The indefinite continu- another the Committee was arraigned for ance of the bank suspension was severe- having acted with undue precipitation in ly denounced. It was insisted that there the absence oftwo ofits members, (Messrs. was no necessity for the banks of one Webster and Nicholas) who had not yet community to wait for the general con- taken their seats in the Senate; while, at currence of all the rest to return to the the same time it was remarked by the plain path of their duty. There was no Chairman of the Committee,~ the bill was 1838.] Slavery. 115 not deemed so insignificant, but that it was Mr. Wall having moved to lay the pe- eble to open the batteries of the Opposi- tition on the table, Mr. Hubbard moved tion, and draw out their hottest and to lay that motion on the table, in accord- heaviest fire. ance with the manner of disposing of Some amendments were made in the these petitions which had been acted upon details of the bill, on the motion of Mr. for the last two sessions. This formulary, Smith, of Indiana, affectin~ only the however, of getting rid of a class of peti- mode of its action, by maltin~ it some- tions, which constituted a large proportion what less sharp and summary, and by of all that were presented to the body, did depriving the informer, if appearin~ as not exist without strong dissatisfaction on a prosecuting witness, oZ participation in the part of several Senators froto non- the fines and penalties imposed for the slaveholdina States; and the present oc- issuin or circulation of bills of l~ss de- casion, bein~ the first which presented it- nomination than five dollars. A motion, selg was chosen by Mr. Morris, to test the by Mr. Preston, to refer the subject to the matter, by calling for the yeas and nays. Committee on the District, failed by a Mr. Clay, of Ky., wished the motion with lar~e vote, drawn for & moment. It was evident, he The only vote of which it is material said, that the subject of slavery in the to record the Yeas and Nays, was on Mr. District of Columbia was extending itself Clays motion (on Thursday, December in the public mind, and daily engaging twenty-first,) to postpone the whole sub- more and more of the public attention. ject till next year which was lost, by From the course of Congress in relation Yeas 14, Nays 27. (See Table of Yeas to this suhject, it had become a question and Nays, No. 1.) whether abolition had not been mixed up The bill was finally passed on Tues- with other matters in some of the States; day, December twenty-sixth, only one such, for instance, as the inviolability of vote (Mr. Swift) bein,~ recorded aaainst the sacred right of petition. Many, no it, and the votes of several Senators who doubt, signed these petitions, who were had opposed it violently, and made it the not abolitionists, but who thought they ground of severe attack on the Commit- were contending for a great constitutional tee, and on the Administration, being re- right. Under such circumstances, would corded in its favor, including Mr. Clay, it not be better to endeavor to allay the of Kentucky. excitement, and to calm down and tran- The other Bill in relation to the cur- quilhize the public mind i He suggested rency of the District, requiring the banks the propriety of referring the whole matter to resume specie payments on the first of to the Committee for the District of Co- May, which had been designed to go lumbia, who might give the entire subject hand in hand with the Bill for the sup- a serious and dispassionate investigation; pression of small notes, was not immedi- and who, in their report, mi5ht present it ately taken up; and, other topics of great- in all its bearings, in such a manner, to er magnitutde arisin~ to occupy the at- the citizens of the non-slaveholdin~ States, tention of the Senate, was not taken up as would tend to insure harmony and until the ei hth of May, when the lapse amity in all parts of the Union. of time had so far rendered its proposed Mr. Calhoun, who had that day taken action useless (as the charters of all the his seat, assumed at once decided ground banks were to expire in a very short against the proposition. He knew the time, and on their renewal it would be for ori5in of this feehin0it lay deeper than the Senate to impose such conditions as was supposed, and he foresaw to what it it mi~ht think proper) that Mr. Wright, was tendin~. It grew out of a spirit of who introduced the Bill, himself moved fanaticism, which was daily increasing, to lay it on the table; which was done as and which, if not met at the threshold, matter of course. The action of the Se- would dissolve the Union. He opposed nate on the renewal of the charters will all reporting, all conciliation, all tempo- be given below in its proper place. rizino. and invoked every man from the South to stand by him in putting down sL~vEav. this growing evil. The subject of sI very was introduced The debate was continued throughout ou the eighteenth of December, on the pre- the day, by Messrs. Swift, Roane, Pren- sentation, by Mr. Wall, of a petition froo ties, Niles, Stian5e, Davis, King, of Ala some ladies of New Jersey, prayin~ for bama, Hubbard, Rives, Pierce, Grundy, its immediate abolition in the District of and Buchanan. The discussion princi- Columbia; and this circumstance, even pally turned upon the right of petition, at this early period, was sufficient to which, it was maintained by the Senators brin~ on a general and animated discus- from the non-slaveholding States, taking sion of this inflammable topic, and proved the ground assumed by Mr. Clay, should the precursor to one of the most exciting be preserved inviolate. To receive a pe- and interestin,, debates of the Session. tition and immediately reject its prayer, Congressional History.Senate. it was contended, was trifling with the rights of the North, was substantially a refusal to receive the petitions, and conse- quently a denial of the right to petition. The change of form which had been more recently introducedof - motion to re- ceive immediately followed by a motion to lay that motion on the tablehad the same effect, to the plain common sense of the people, and was creating a flame through- out the North that would kindle up the whole public mind. The question of re- Ceptiow, moreover, it w~s ura e d, could not be a~ain reopened after the deliberate decision to which the Senate had come two years before, when the whole ground was minutely debated, and the right of all such petitions to be received decisively estab- lished by a very large majority. It was admitted that abolition principles were widely extendin~ at the North, and the course suggested to the Senate would in- calculably increase them; but as the people generally, were averse to any interference with Southern interests, and unalterably attached to the permanence of the Union, there was every reason to believe that a sound, candid, and strong report, setting forth the reasons against abolishing sla- very in the District, would have much ef- fect in quieting the prevalent excitement on the subject. To the objection of South- erners, it was stated that this was not viewed at the North so much as a question of politics, as of conscience, of morals, of propriety, and it would be by arguments addressed to their reason only, that the people of the North could ever be induced to refrain from a~itating the subject. On the part of the Southern speakers it was contended, that the question before the Senate presented a limit to the right of petition. The people had occluded themselves by the sacred compromises of the Constitution, from bringin~ this sub- j ect before Congress as one of ordinary legislation. It was absurd to say that there were no limits to the right of peti- tion. The respectful terms in which they were required to be couched, constituted a limit. Were a petition to be presented praying that each State should he repre- sented by one, instead of two Senators would it not be scouted by every member of the body as going far beyond the terms or spirit of their association. The ri,ht of petition, as secured by the Constitution, was intended to redress all grievances within the pale of the law and the Con- stitution; but not to subvert either. The South was banded, as one man, to resent and resist all approach to abolition. It was folly to suppose that receiving their petitions, and having a report made, would quiet the excitement. It had been tried two years ago in the House, when aa elaborate report, from Mr. Piackneys Committee, composed chiefly of northern men, had been prepared, and yet it was confessed that the excitement was increas- ed. To shut the door at once to them, was the only course left. Once, th esepe- titions might have been received; but it was no lou a er safe to do so. For the sake of peace, the South had then, without op- position, consented to their reception; but the a0itation having only been in- creased, it now behooved them to retrace their steps, and to refuse every approach to argument on the subject. Discussion in Congress only encouraged the aboli- tionists to proceed; and the course pro- posed by Mr. Clay, was, most of all, cal- culated to produce an excitement. It was idle ~ hope for a chan6e in the public opinion of the North; the principles of abolition were interwoven with its politi- cal condition; and as the great mass of Northern people believed that this South- ern institution was radically wrong, it was impossible to prevent abolition exert- in a control over the political parties of the forth. Commencing with the lowest grades of society, it was working up- wards, and would spread until it would drive from public life every man opposed to its doctrines. To the apparent reason- ableness of receiving, considerin~, dis- cussin~,, and deciding upon these peti- tions, it was urged that such a course would only tend to make Conor arena for abolition discussions, a ess an The animated and powerful discussion of which we have thus briefly touched the points, was protracted to a late hour when Mr. Hubbard renewed the motion to lay the motion to receive the petitions on the table; which was decided in the affirmative, by a vote of 25 to 20. (See Table of Yeas and Nays, No. 2.) The debate of the eighteenth bad taken a range so wide, and assumed an im- portance so unexpected, that it led, on the following day, to a regular discussion of the whole subject of slavery, in which the Southern interest, with those gentlemen from other parts of the Union who be- lieved that all leoislative action on this exciting topic should be avoided as only tending to create discord and a~itation united to force from the Senate such a de- cisive expression of opinion as would suffice, in their judgment, to discounte- nance effectually all future interference with the matter. Vermont Resolutions. The presentation, by Mr. Swift, of a strong memorial and resolutions from the Legislature of Yermont, in relation to Texas, and slaveryin the District of Co- lumbia, furnished this occasion, which it was long foreseen must soon come in the Senate. These elaborate resolutions, which pro- 116 [October, 1838.1 Slavery. duced such important consequences, were adopted by the Senate and House of Re- presentatives of Vermont, on the report of a Committee to which had been refer- red various memorials praying the inter- ference of the State Legislature, to declare that Congress possessed the constitution- al power to abolish slavery, and the slave trade, within the District of Columbia, and in the Territories of tlse Union; to prohibit the slave trade between the States and that it ou~ht immediately to exercise that power; and urgin~ a legislative pro- test a~ ainst the admission of Texas into the Union. The report, or preamble, af- ter questioning the power of Congress to admit an independent State into the Union, and qualifying the precedents that might be drawn from the cases of Louisiana and Florida, went on to state that there were other objections a~ainst the annex- ntion of Texas, which seemed insur- mountable to the Committee. These were: that the state of Mexico, from which Texas had been torn by violence, had adopted, and carried out in her po- litical organization, sentiments which, it seemed to the committee, lie at the foun- dation of all just government, and which were thus happily expressed in the Con- stitution of Vermont, All men are born equally free and independent, and have certain natural and inalienable rights, amon~ which are the enjoyin~ of life and liberty; acquiring, possessing, and pro- tectin~ property, and pursuing and ob- taining happiness and safety. Under the influence of such principles, Mexico, in a manner that had won her the aug- mented respect of the civilized world, had abolished the system of slavery, which had attached to her during her colonial dependence on Spain. That Texas, on the contrary, had no sooner separated from Mexico than she showed an utter disregard of those principles, and of the just respect of the great body of Christian nations, by adoptin~, and indissolubly connecting with her political system, the unconditional and perpetual enslavement of a portion of the human family. Against every form of oppression, Vermont had, at all times, borne honor- able testimony; and it would be incon- sistent, and prove that she had somewhat cooled in the fervor of her love for liberty, were she to consent to be drawn into fra- ternal bonds with a people, who, beyond any yet known in modern times, have made the most deliberate and heartless assault on human freedom. They drew an additional reason a,,ainst the annexa- tion of Texas from the avowed object urged by its advocates, that it would add to, and confirm the slavebolding interest in the management of our government, which the anarchy and disorder that pre 117 vailed at the Souththe overthrow of the proper legal and constitutional barriers for the security of the citizen, and the seem- ing want of power in the proper authori- ties to reiistablish themthe illegal and unpunished outrages inflicted upon citi- zens, and to which they are still exposed, for an honorable advocacy of liberty and condemnation of slavery no less honorable, or from a suspicion that the one was ho- nored and the other detested. These, and other fearful sacrifices of important into- rests of the North, demanded by the South to be offered up for the security of her pe- culiar institutionsthe surrender that she asks of the freedom of speechthe liberty of the pressthe right of petitionunit- ed to inspire the Committee with a well founded apprehension that the additional wei~ht which the annexation of Texas would ive to the slaveholding interest in our political organization would, in all probability, soon lead either to a disso- lution of the Union, or to the political de- gradation of the free States, and eventu- ally to the overthrow of their common liberties. Wherefore, the Committee re- commended the adoption of resolutions: 1st. Instructing the Vermont delega- tion in Congress to use their influence a~einst the annexation of Texas to the Union. 2d. Solemnly protesting, in the name of Vermont, against such annexation in any form. 3d. Protesting against the admission into the Union of any State whose Con- stitution tolerates domestic slavery. 4th. That Congress possesses the pow- er to abolish slavery, and the slave trade, in the District of Columbia, and in the Territories of the United States. 5th. That Congress possesses the pow- er to prohibit the slave trade between the States. 6th. Directing the Vermont delegation to present the resolutions to their respect- ive Houses of Congress, and to use their influence to have the same carried into effect. The report and resolutions were all adopted, and accordingly presented by Mr. Swift. The reading of these resolutions having excited considerable attention, Mr. King, of Alabama, characterized the document as an infamous libel and insult on the South. If it be, said this gentleman, so deep a disgrace to receive into this Union, a State tolerating slavery, how can this Union continue as it is i Coming from a slave State, he should not have objected to the reception of even such a memorial, if it had been couched in proper terms. As it was, he should vote against its recep- tion. Mr. Swift, having maintained that the document was the result of no party 118 effort, but the united voice of Vermont, embodied by its Legislature, would not consent to such treatment of it, and ob- jected strongly to the propriety of cen- suring him for yielding due obedience to instructions emanatiog from an authority so high. Mr. Calhoun deemed the aspect of affairs occasioned by the presentation of a paper of this character of moment- ous importance. He was not aware that these resolutions had been passed by the Legislature of Vermont; but he had long foreseen that such a time as the present would come. It had arrived; and on this moment it was to be determined whether this blessed Union was to be dissolved, or whether we were to continue as a unit- ed and happy people. He would not per- mit the matter to he dropped. Vermont had struck a deep and dangerous blo~v into the vitals of our Confederacy; hut as he was not now prepared for that resolute line of action which he was un- alterably resolved on adopting, he should move that the memorial ha laid on the ta- ble, pled,~in,, himself not to oppose the Senator from Vermont in ca1lin~ it up again. After a somewhat acrimonious discussion, Mr. Swift withdrew his me- morial, and gave notice that he would again introduce it at an early day. ZI1r. Calhouns Resolulious. On the twenty-seventh Mr. Calhoun submitted the following resolutions: 1. Resolved, That, in the adoption of the Federal Constitution, the States adopt- ing the same acted severally as free, inde- pendent, and sovereign States; and that each, for itselg by its own voluntary as- sent, entered the Union with the view to its increased security against all dangers, d estic, as well as foreign, and the more perfect and secure enjoyment of its advan- tages, natural, political, and social. 2. Resolved, That in dele0atin~ apor- tion of their powers to he exercised by the Federal Government, the States retained, severally, the exclusive and sole right over their own domestic institutions and police, and are alone responsible for them; and that any intermeddling of any one or more States, or a combination of their citizens, with the domestic institutions and police of the others, on any ground, or under any pretext whatever, political, moral, or religious, with the view to their alteration or subversion, is an assumption of superiority not warranted by the Con- stitution, insulting to the States interfered with, tending to endanger their domestic peace and tranquillity, subversive of the objects for which the Constitution was formed, and, by necessary consequence, tending to weaken and destroy the Union itself. 3. Resolved, That this Government was instituted and adopted by the several [October, States of this Union as a common a,~ ent, in order to carry into effect the powers which they had delegated by the Constitu- tion for their mutual security and pros- perity; and that, in fulfilment of this high and sacred trust, this Government is bound so to exercise its powers as to ive, as far as may be practicable, increased stability and security to the domestic in- stitutions of the States that compose the Union; and that it is the solemn duty of the Government to resist all attempts, by one portion of the Union, to use it as an instrument to attack the domestic institu- tions of another, or to weaken or destroy such institutions, instead of strengthening and upholding them, as it is in duty bound to do. 4. Resolved, That domestic slavery, as it exists in the southern and western States of this Union, composes an important part of their domestic institutions, inherit- ed from their ancestors, and existing at the adoption of the Constitution, by which it is recognised as constituting an essential element in the distribution of its powers among the States and that no change of opinion or feeling, on the part of the other States of the Union in relation to it, can justify them, or their citizens, in open systematic attacks thereon, with the view to its overthrow; and that all such at- tacks are in manifest violation of the mu- tual and solemn pledge, to protect and de- fend each other, given by the States re- spectively, on entering into the constitu- tional compact which formed the Union, and, as such, are a manifest breach of faith, and a violation of the most solemn obliga- tions, moral and religious. 5. Resolved, That the intermeddlin g of any State, or States, or their citizens, to abolish slavery in this District, or any of the Territories, on the ground, or under the pretext, that it is immoral, or sinful, or the passage of any act or measure of Congress with that view, would be a di- rect and dangerous attack on the institu- tions of all the slaveholding States. 6. Resolved, That the union of these States rests on the equality of rights and advantages among its members; and that whatever destroys that equality tends to destroy the Union itself; and that it is the solemn duty of all, and more especially of this body, which represents the States in their corporate capacity, to resist all at- tempts to discriminate between the States in extending the benefits of the Govern- ment to the several portions of the Union; and that to refuse to extend to the south- ern and western States any advantage which would tend to strengthen or render them more secure, or increase their limits or population, by the annexation of new territory or States, on the assumption, or under the pretexb that the institution of Congressional Ilistory.Senate. 1838.1 Slavery. 119 slavery, as it exists among them, is im- in the great interests of the country, so moral, or sinful, or otherwise obnoxious, much to be desired. They were, there- would he contrary to tbat equality of rights fore, postponed, by consent, to Wednes- and advantages which the Constitution day, tbe third of January. was intended to secure alike to all the In the mean time on the twenty-eighth members of the Union, and would, in ef- of December, Mr. Norvell had submitted fect disfranchise the slaveholding States, a series of resolutions, which possessing withholding from them the advantaaes, the si me 0eneral tendency and object as while it subjected them to the burdens, of Mr. Calhouns, it will not be necessary to the Government. notice further; and on the twenty-ninth, These resolutions, on their presentation, Mr. Morris offered others of an antaao- occasioned a contrariety of opinion be- nist character to those already presented, tween their mover and his colleague, Mr. and for which he wished themto be adopt- Preston, who, althou~h he declared his ed as an amendment. These resolutions sentiments on the subject to be in unison einbodied the views nd opinions of the with Mr. Calhouns, nevertheless con- abolitionists on the great question nt issue sidered that the time had gone by when between them and the South. And their legislation, by means of resolutions, would mover stated, on presenting them, that he he suflicient to meet the wishes of the felt it incumbent to enter the lists even country on a subject so vitally important. single-handed with Mr. Calhoun for the The Senate, he stated, was aware that it purpose of protecting the right of petition, had been his intention, and was so still, the freedom of speech, and the liberty of to brin., the matter forward ta some more the press. As forming an important ~link forcible and effective form, at a future in these proceedings, we give them entire. day. Mr. Calhoun, however, persisted They took Mr. Calhoun, for the moment in brin in it to the issue. He said this abackhe had expected, he said, some was a brief and direct mode of reaching trifling opposition, but nothing in the light the subject, and as these resolutions con- of the present movement. In these resolu- tamed the whole gist of the controversy, tions the Senate had a specimen of the doe- he saw no occasion for any further delay. trine in fair colors. They contained the The usual course of priuting was there- creed of the abolitionists fully developed. fore permitted without any further remark; and from this he had little hope that his de- hut on the followin., day, when they were sire to promote the harmony of the Union called up for action, another and more would be gratified. strenuous attempt was made by Southern Resolutions of Mr. Morris. gentlemen to induce their withdra~val. 1. Resolved, That, in the formation of Mr. Preston, with much earnestness, de- the Federal Constitution, the States acted precated such a course. He did not think in their sovereign capacities; but the a- this the way to meet the question. What doption of the same was by the people of effect would abstract propositions of this the several States, by their a~ents, spe- nature produce i We had them in the emIly elected for that purpose; and the decalo.,ue, but did they prevent crime i people of the several States, by their own The South should present one unbroken free and voluntary assent, entered into the ph. lanx on this matter, and not permit it compact of union, proposedin the Consti- to he discussed in any form whatever. Mr. tution, with the view to form a more Strange took the same view of the ques- perfect union, establish justice, insure do- tion. The South always lost ~round by mestic tranquillity, provide for the com- discussion, and he wished to avoid it from mon defence, Promote the general welfare, the very bottom of his soul. The spirit and secure the blessings of liberty to of the resolutions could not be objected to, themselves and their posterity ; and that but the discussion was injurious. It could the means of attainin ~ all those impor- not fail to be protracted, nor the South to tant objects are fully provided for in the he a sufferer. Can any abstract proposi- Constitution itself. tions afford her a stron ,, er defence than 2. Resolued, That thepeopleof the se- she had already in the Constitution? She veral States, in delegating a portion of would therefore gain by restin0 simply on their power to the Federal Government, her rights, and by avoidin. every thins which they had formerly exercised by like discussion of their morality and pro- their own Le.,islatures, severally retained priety. Mr. Calhoun, however, persisted the exclusive and sole right over their do- in ur~ ing action upon the resolutions, mestic institutions, which they had not, which spoke definitely, to all points, and by the Constitution, granted to the Federal for themselves. He wished it to be con- Government; and they reserved to mdi- sidered as a test qoestion, and, if adopted, viduals, and to the States in their sove- these resolutions must have a salutary ef- rein character, the full liberty of speech fect upon the public mind, and a strong and the press, to discuss the domestic in- vote in their favor could not fail in its stitutions of any of the States, whether tendency to restore that mutual confidence political, moral, or religious; and that it [October, 120 Congressional History.Senate. would be the exercise of unauthorised subject, would be within its constitutional power on the part of this Government, or powers. that of any of the States, to attempt to 6. Resolved, That the union of these restrain the same; and that any endeavour States rests upon the virtue and intelli- to do so would be insultin~, to the people gence of the citizens, in supporting the and the States so interfered with, for each Constitution of the United States, and not State alone has the power to punish mdi- upon any supposed advantages it may af- viduals for the abuse of this liberty with- ford to any particular State; and that it in their own jurisdiction; and whenever is the solemn duty of all, more especially one State shall attempt to make criminal, of this body, which represents the States acts done by citizens in another State, in their soverei~n character, to resist all at-. which are lawful in the State where done, tempts to discriminate between the States; the necessary consequence would be to and that it would be unwise, unjust, and weaken the bonds of our Union. contrary to the Constitution, to annex any 3. Resolved, That this Government new Territory or State to this confedera- was adopted by the people of the several cy, with the view to the advantage of any States of this Union as a common agent, State, or its peculiar domestic institutions; to carry into effect the powers which they that such an attempt would be contrary to had delegated by the Constitution; and, that equality of rights which it was one in fulfilment of this hi,,h and sacred trust, object of the Constitution to secure alike this Goverumeat is bound so to exercise to all the States; and, if done to favor its powers as not to interfere with the the slaveholding States, for the purpose reserved rights of the States over their of giving to those States a preponderance own domestic institutions; and it is the this Government, would, in effect, be to duty of this Government to refrain from establish slavery in all the States. any attempt, however remote, to operate 7. Resolved, That to regulate corn- on the liberty of speech and the press, as merce among the several States is an ex- secured to the citizens of each State by press power granted by the Constitution the Constitution and laws thereof; that to the United States; that, in the exercise the United States are bound to secure to of this power, Congress may rightfully each State a republican form of govern- prohibit any article, though made proper- ment, and to protect each of them ar,ainst ty by the laws of a State, from being invasion or domestic violence; and for no used in such commerce, if the same would other purpose can Congress interfere with oe detrimental to the general welfare. the internal policy of a State. 8. Resolved, That Congress have pos- 4. Resolved, That domestic slavery, sessed the power, since the year 1808, to as it exists in the southern and western prohibit the importation of persons into States, is a moral and political evil; and any State as articles of commerce or mer- that its existence, at the time of the adop- chandise. tion of the Constitution, is not recognised 9. Resolved, That the political condi- by that instrument as an essential element tion of the people within the District of in the exercise of its powers over the se- Columbia is subject to State regulation; veral States; and no change of feelin,~, and that Congress, in the exercise of its on the part of any of the States, can jus- legislative powers over the District, are tify them or their citizens in open and bound by the will of their constituents in systematic attacks on the right of petition, the same manner as when legislatin~, for the freedom of speech, or the liberty of the people of the United States ,,enerally. the press, with a view to silence either, on 10. Resolved, That this Government any subject whatever; and that all such was founded and has been sustained by attacks are manifest violations of the mu- the force of public opinion; and that the tual and solemn pledge to protect and de- free and full exercise of that opinion is fend each other, and, as such, are a mani- absolutely necessary for its healthful ac- feat breach of faith, and a violation of tion; and that every system which will the most solemn obligations, both politi- not bear the test of public investigation is cal, moral, and religious, at war with its fundamental principles; 5. Resolved, That it is the indisputable and that any proceedings, on the part of right of any State, or any citizen thereof, those who administer the Government of as well as an indispensable duty, to endea- the United States, or any of the States, or your, by all le~,al and constitutional means, any citizens thereof which are intended to abolish whatever is immoral and sinful; or calculated to make disreputable the free and th. t Con~ress alone possess the pow- and full exercise of the thou~hts and opin- er to abolisls slavery and the slave trade ions of any portion of our citizens, on in this District, or any of the Territories any subject connected with the political, of the United States; and the right of pe- moral, or religious institutions of our coun- tition, of speech, and of the press, to ac- try, whether expressed by petitions to complish this object, is not to be question- Congress or otherwise, by attaching to the ed; and that an act of Congress, on this [WILL as CONTiNUED IN otxa NEXT.] Mr. Calitowns Resohttions~ 1838.1 121 (CONTINUED FROM THE HISTORICAL REGISTER, OCTOBER 1838voL. IT. i. 120.) charaCter of soch Citizens odious and re- bad forced the stability of the Union to a proachfol names and ecithets, strike at the test. On the one side, there was a 1ar~e very foundation of all our Civil institu- portion of the North who maintained and tions, as well as our personal safety, poi- believed that the domestic institutions of son the very fountains of public justice, the South were sinful and immoral. On and excite mobs, and other unlawful as- the other, the Slaveholders claimed that seniblies, to deeds of violence and blood; the institutions of the South were secured that our only safety is in tolerating error to them under the Constitution, and will of opinion while reason is left free to com- not suffer them to be interfored with, and bat it. this was the true point at issue. There On Wednesday, January third, the on- were two modes of action. One to repel ginal resolutions were called up, and they attack and aggression, and the other, if continued to occupy the attention of the possible, to stay the tide, by erecting a Senate every day, till Friday, the twelfth barrier between the opposin~ interests instant, when the debate finally reached which reason and loyalty would show to its termination. The resolutions were be impassable. considered separately, and a variety of Mr. Morris wished to have the vote taken amendments proposed, of greater or less on each separate resolution. He consider- importance, with tha details of which it ed them all as broad, sweeping, and denun- is not necessary to fill our pages. ciatoryas partial in their bearin~, and Mr. Calhoun took occasion in solicit- speaking upon one side, and not on the in~ the action of the Senate, to explain ther. Was it not their very object to briefly his reasons and objects in intro- discountenance, and silence by a vote of ducing resolutions of this character. He the Senate as far as such a proceeding declined discussing the merits of the doc- could do so, all free discussion of an im- trines embraced in them, but he repelled portant question. Mr. Morris, also, was the idea put forward by those opposed to a friend of States Ri~hts, and a devoted slavery, that they possessed any peculiar frie,id of the Union, but he could not as- regard for freedom of speech, freedom ofthe sent to Mr. Calhouns proposition, that press, or the sacred ri~ht of petition. On this Republic was a confederation of sep- the ground he assumed, none of these arate and independent States. The Con- things had any thing to do with the ques- stitution was adopted and ratified by the tion. it was a question of Constitutional whole people, nor could he admit that Policy, and of States Rights only. The Southern rights existed antagonist to introduction of the Vermont Resolutions, those ofany other portion of the Union. WhiCh were to be presented on the follow- Such feelin~ and such policy only led to in~ day, had placed him in a position of geo5raphical distinctions, and could never peculiar exi~ency. As an advocate of resutt in the ~eneral peace and happiness States Ri hts, he could not feel himself at of the country. What, for instance, was liberty to vote against hearing these Reso- tile practical effect of this cry about in- lutions, but as a Southern man, whose terferin~ with the domestic institutions of dearest privile~es and most momentous the Southi Would it not lead, as far as interests were so dan~erously assailed, he it went, to an abridgment of the rights of could not vote for thei. reception. Un- all, who believed that Slavery in the ab- den these circuinat oces he thought it best stract was a moral sin; and these reso for all the interests involved to meet the lotions, which were its legitimate fruit question directly and fully and in oidei sou~ht to put down at one fell swoop~ to obtain a right to present his own views freedom of speech, of the press, and even he lied prenared these resolutions which the right of petition. If the Supreme emliodied the constitutiona. do,.tr~n,s on Legislature of thic country could not meet which the South wholly rest~.d and pie together and discuss subjects of various sented an anta~onist cours~ to all loxeis kinds, without restraint, and compare one of their country. He had made th~m full condition with another, for evil or for aoOd, and comprehensive, that there nii~nt be we should retro~ade, instead of advance, no neutral ground in the mettei and I e in our high deshny as a people. On such wished the entire strenath oh the Senate grounds he considered the resolutions of to be tested on their adoption. This very Mr. Calhoun as liable to the stron~est oh- question was the one, and the only one, jections, and s attackin the most vabsed that had the power to endanger the Union. ri~ its arid pnivele. es of freemen. Ihe He himself had been much and grossly Le4slature of Vermont had declared that misrepresented on that subject, there and Slavery was a moral a d political evil, elsewhere. He was averse to makin~ and asked that it mi~ht be abolished in professions, but he professed himself a the District of Columbia. And for this, firm and unflinching friend of the Union, which that State had a perfect right to and here was an occasion for the true ask, if it believed it would tend to the na- friends of the Union to come forward tional honor and prosperity, were the dear- and show themselves. This question est privileges of freen~en to be violated I VOL. Iv. Congressibnai History. Sen cite. [Novem13er~ Another pottion of these resolutions, to the abolitionists, found but little encour- ~vhich Mr. Morris strenuously objected, a~ement in the Senate, and the furthea was that whiob related to possible exten- course of debate showed distinctly that sions of territory. He illustrated his po- all the leading men from the non-slave sition by supposing that if all the States holding States were fully resolved to go were free hut Louisiana, and believed her the full length of the Constitution in re to be in consequence, upholding a practice press.L g agitation, and preserving invio that was sinful and immoral, was it not late the rights of the Southern States. the doctrine of the resolutions that Texas The debate on the second resolution was and Mexico ou~ht to be added to this sin- protracted by a motion of Mr. Allen, of gle slaveholding State, for the purpose of Ohio, to strike out the word seiigiosts countenancin~ her institutions, and for as in his opinion improper and uncalled preserving the balance between the slave- for in such a place, on the ground that all holding and the non-slaveholding States. legislative discussion of religious belief This, he said, was strange, and led to tended to evil. As Mr. Calhoun stronaly stranger conclusions~ It was not the doe- insisted upon retainin~ the word, as one trine of States Rights, nor did it maintain on which the whole spirit of the resolu- that equality of-right which the theory of tion hinged, that gentleman withdrew the the Constitution presumed to exist be- amendment,. when Mr. Morris immedi tween all the States. ately renewed it by moving to strike out. Mr. Morris would not be drawn into a the words moral or religious, on which. discussion -of the abolition question. He he asked the yeaa and nays. The difli- had made it a rude to discountenance all culty was sought to be obviated by Mr. legislative a~itatioa on the subject, and Preston, who proposed suhstitutin~ for all he was in the habit of saying, tended the offensive words, the phrase under to keep down- this spirit, because he felt any pretence whatever. To this, however,. it to be his duty to avoid embarrassin~ Mr. Calhoun objected. This spirit of the South. But these resolutions thrust abolition was nothuin more tl-ian that fa- restrictions upon the con cience, and he felt naricism that had carried thousands of it wa not in the power of Congress to victims to the stake. What aroused Clint. place fetters on the minds of men. If the demoniacal spirit, but the opinion that the resolutions aimed at puttin~ down an un- faith of one man was criminal in the sight lawful act, he would- give them his sup- of another. Here the same spirit was at- port, but they aimed- at destroying the tempted to be revived, under the name of moral ri~hts and opinions of the whole abolition, and by his resolutions, assisted Union, by callin~ the mere expression of by the good sense of the nation, he hoped to- opinion inte-emeddlieug. If the posses- put it down. It therefore was impossible sion of slaves were of such vital impor- for him to consent to the suggestion of his-. tance to the South, the possession of free- colleague. The South lied been assail- dom of thought, e~pression,and opinion ed upon the principle that slavery was was of equal importance to the North. wicked, and immoral; and that augument One right was at least as good as another,- could not be met by such aai ilk-and-water- and shall the best and dearest interests of phrase as tender any pretext whatever, every man be sacrificed and abandoned which, to his mi. d, deprived it of its very to preserve the lesser right of a lesser per- essence. tion of the community. The Alien and Mr. Buchanan, Mr. Allen, and Mr.. Sedition Laws, he said, ~x-ere innocent as Morris, successively joined in the debate,. compared with this attempt. He liimselg expressin ,in general, the views that the he stated, was no abolitionist. Tie spoke resolutuon was sufficiently strona without only in behalf of the general rights of words which would arm against the oh- man, and he hoped, at least the friends of ject proposed to be effected, the conscuen- these resolutions would advance some ran- tious scruples of a large and influential. son for their adoption, as yet he had heard class;that allusion to religion in any none, even from the mover, species of legislation was improper, since Mr. Morris then stated that he intended it should nat be made a subject for dis-. to have offered his resolutions as amend- cussion in the legislatures, either of the meats, but would not do so when freedom States or of the Union, but should be lefr, was attackedof the press, of speech, with the citizens individual judgment, of petition, of person. These inalienable and that the resolution was sufficiently rightsHeavens best gifts to manmust comprehensive without it. and would be defended; he would there- These arguments were opposed by Mr. fbre content himself with a vote on these Young, of Illinois. He had not thrown,.. u~solutions, reserving himself for the dis- he said, like otlier gentlemen round hiim, cxussion of his own when they should be the abolition papers which were daily brought before the Senate. laid upon his table into the fire, but had; The first resolution was then adopted read them with attetition, and he was ~y yeas- and nays, by a vote of 32 to 13. convinced, not only from their arguments Mr... Morris as embodying the views of but from his acquaintance with many ex 1S38.] Mr. Calhouns Resolutions. 123 cellent abolitionists in his own State, that wished merely to cover the common creed to leave them the broad ground of religion of the States Rights party, and if any and morality to stand upon, would be con- Senator would point out any thin~ in the cedin~ to them the most efficient and dan- resolutions, xv~ rranting such fears, he gerous powers which they could wield, would instantly draw his pen through It was on moral and religious pretexts it. He then gave rapid sketch of the entirely that all their efforts were based, history of Nullification. At the very foun- and on this account they would not stop dation of the American Government there with the District of Columbia, but Clint were two parties, one of which believed attained, they would go on, ur~ed hy the that the Government derived its authority same feelings, till they had achieved uni- from the mass of the people; the other, versal emancipation. What to such men from the States as sovereianties. One, was the question of the Union itself with Clint it was a Federative Government, the all its solemn and touchin~ appeals. Their other, that it was a areat Consolidated feeliiig is Clint they have a rehi~ious duty Republic. The States Rights doctrine to perform, and it is net therefore for them from 1789 to the present time had been to consider consequences and calculate re- that, the States, as sovereiguties, were sults, these they leave in His hands who parties to the compact. And there was requires of them the performance of every not a man at the South who did not ad- duty. Their moral and religious feelings mit this as fundamental in our system. lead them to coiisider slavery as a national When did nullification commence i It evil, a cryin sin,affecting the whole land, did not come up as a ri~ht, but as a reme- in which they themselves would partici- dy, and the only differeiice regarded nul- pate, to a greater or less extent, unless hification as an inference from the doe- they made every effort to drive it from trines which they all held in common. the Union. His own State, free as it was, There was but one conservative principle opposed Chic abolition feeling by her legis- for the Union, and that was the States hative voice, and example. It renarded Rights doctrine of 1798, which was em- slavery as a question not debateable, as a braced in these resolutions. The abohi- ri lit guaranteed by the provisions of the tioiiists were excited to action by the con Constitution, and not to be assailed with- sohidation creed. What stimulated the re out doing violence to its provisions. This hinious fanaticism which animated their was fully implied in these resolutions, and movements, xv as the belief that they were to strike out the words moral and reli- responsible for the sins of Chic shavehold- gioits, which were used in the Vermont inn States, and as partakers of the gene- resohutioiis, would be to impair and weak- ral national sovereignty, had the same en them in Chic most vital place. right to control them as a State had to Mr. Bayard, from the slaveholdin~ control its counties. The remedy for all State of Dehaxvare, nave much interest this was to be found in the opposite doc- to the discussion, by arguin~ against the trine, and by takina our stand upon Chic resolutions in toto, on account of the strong States Rights creed, as embraced in these iiuihification doctrines which, to his mind, resolutions, his hope was that Cue impul- they embraced. As far as the protection ses and wild energy of abolition would of Chic South a~ainst incendiary attempts expire in the same State where it origi- went, lie xvas in favor of them, but there nated. Let it o on with Chic Union for was an ambi~uity in them, and through a field, and it would soon sweep through it, he thou ht, he could discern lurking, the whole, leaving the shave States to seek the poison of that hideous doctrtne. If protection for themsehves. it was not expressed in terms, it was in Mr. Lumpkin, of Georgia, supported the stron~est manner in substance. The these views of Mr. Calhoun. Thonob hie corner stone on which they were based was at antipodes with him as regarded was also Chic corner stone of nullification, nullification, yet he hind truly represent- viz: Chic doctrine that this Republic is not ed the opinion of Chic entire South as to a government of Chic people, but a treaty the doctrine of States Rights. The between certain independent States. This amendment of Mr. Morris t~ strike out was Chic principle that pervaded them ahh, the words moral or religious was re- and if it was souiid, then nullification was jected by a vote of 13 to 31. Another sound aiid ~ood also. Cinch, wanton, and amendment of Chic same gentleman to unjustifiable, as xvere the proceedings of strike out the latter two-thirds of Chic cc- the abolitionists, it would not be Chic less cond resolution was negatived by a vote unbecomino in the Senate to be entrapped of 12 to 32. by resolutions, and made to subscribe to Before the final vote on Chic second re- doctrines which were essentially hostile solution was taken Mr. Webster took oc- to the nature and character of this a ov- c asion to express his general coincidence eminent. Mr. Calhoun strenuously de- with the views of Mr. Bayerd. There nied the inferences of Mr. Bayard. To was a sort of plausibility about the reso- have introduced nullification in this covert hutions which had a verisimihitude to Chic manner would be unworthy of him. He Constitution, when there was in fact such 124 Congressional Ilistory.& nate. [November? a contrariety to the spirit of that instru- all such powers as they have, when the anent throughout, as would compel him to vote was taken, and the Second Reselu vote aOainst them. He admitted the ne- tion was passed hy a majority of 31 to 9. cessity of some definit.e action on the suh- This was the day (January third ) on ject on the part of Congress; hut his oh- which Mr. Swift was to have presented jection to the adoption of the resolutions the Vermont Resolutions, hut not wishing now under consideration, was based sole- to interfere with the course of the present I y on the belief that they were at variance debate, he took occasion to postpone them with a correct interpretation of the Con- until a future opportunity. stitution. He contended, that though the When the Third Resolution came upon States might have certain vested rights, the fohiowin~ day, an important alteration yet they were such as were strictly of a was sug~ested by Mr. Norvel, of Michi- local nature, and limited in their extent to gan, who moved that all the expressions an exact compliance with the provisions of which hound the General Government to the Constitution. The Constitution and give increased stability~~ to the do- Laws of each State in the Confederacy mestic institutions~~ of the States, and were expressly placed under the control which pronounced it to he its duty to of the Constitution of the Union, and if strengthen them, should he erased so as it affects that which is greatest, boxy much make the resolution read that it was the more that which is lesssuch as the duty of the Government to refrain from minor domestic institntions of the States. interfering with them. In moving the al If the resolutions set forth that all do- teration, Mr. Norvel protested strenuous- anestic institutions, except so far as the ly a0ainst the tendency and propriety of Constitution might interfere, and any in- abolition, which he characterized as the termeddhing t.herexvieh by a State or mdi- same diseased religious spirit, which had vidnal, was contrary to the spirit of the formerly tied the victims of every creed to confederacy, and xvas consequently illegal the stake, and covered Europe wih the and unjust, he would ive them his hearty hones of the crusaders. Slavery heing a and cheerful support, aand would do so still, question exclusively domestic, Congress if the Senator from South Carolina would could not even touch it, and to act in any consent to such an amendment. manner on these petitions presupposed the The Confederacy could never have ex- case of a great consolidated boverament asted without this prevailin5 power of the possessing every species of power in and Constitution, and could no longer exist over the States which was inimical to without its coneinusauce. It was difficult to our Constitution, and directly subversive defin~ wh~ the domestic institutions were of the principles which had carried it into without the p. he of the Constitution. Ja- harmonious operation since its commence- dicature was one of the class, and so was meat. The right of petition as enar- commerce, except inasmuch as the makina anteed by that instrument was nothing of treaties was concerned. Yet it was not more than a prohibition of the passage so as regards slavery. It was within the of any law by Con~ress to prevent as- express power of Congress to prohibit semblages of the people for petitioning the importation of slaves, though the in- for a redress of grievances. If slavery in stitution was in itself guaranteed by the the distant States xvas a grievance, so also Constitution. was the Constitution: Btit the free States If the resolutions could he modified to would findopposed to slavery in the ab- meet the constitutional requisitions, as- stract as he wasthat abolition xvould be sertin tIll t the Constitution pereueittcrl to them the heaviest of calamities, irri slavery, and protected the institution, he gatin~ their nobler and civilized Saxon would then vote for them. Without such population with an influx of three mil- admission, the vote of Con~ress would he lions of a degraded cast, whom the erca- hut a dead letter. An assertion here that tor himself had consigned to physical the Constitution cannot meddle xvith do- and intellectual inferiority. While, boxy- mestic institutions, if supported, utterly ever, he entertained these views, he never deprives it of power or effect. The doe- could consent to any resolution pledging trines here set forth be viewed as a sweep- the Government to give increased sta- ing declaration against the letter and spirit bihity to the institutions of slavery. All of the Constitution. that the South could or should ask would Mr. Calhoun defended with considera- be ason-unterference, which was the true hlehenotha~ainst this reasoning, the gene- constitutional and States Ri5hts doctrine, ml views of xvhich we have already ~iven and the principle on which the Democra- an abstract. Mr Youn~ proposed as a fur- cy of the North xvould ever he found act- them modification, to insert after police, ing in opposition to thin abolition agita- the words to the full extent to which tion. Mr Norvel pursued this train of those powers were not granted, which argument at some leneth, and in reply to gave occasion to Mr. Soutbard to say Mr. Calhouns defence of his position that the resolution, as it was, merely that the General and States Governments stated in substance that the States have should sustain each other as far as it was 183S. I Mr. Calhouns Resolutions. 12~S possible in the exercise of tbeir legitimate Preston, tbat bands off and let alone, powers, of which be advanced various was all the South required, Mr.~ ~oung instancesbe appealed to that ~entleman referred to the constitutional duty in the ~vi~eti~er,~as he said it was his intention free States of aiding in the restoration of to transfer the whole abolition warfare to fugitive slaves. Were such a doctrine to the Northit would be politic us urn to prevail, this right enuld not be enforced, weaken the hands, and impui the motel as was rQquired by the Constitution it vigor of those who were to fioht that ~reat self. He also put the case of an abolition- battle for the safety of the South by ask- ist in one of the slaveholding States ing them to sustain the institution of sIeve- who, if government should keep l~auds ry, and lend their aid to stren tls n md in off would be suhject to the penalty of crease it. The former pait of this ar~u- deathwhich the laws of a particular ment was powerfuly susained by MI. State, whether constitutional or not, might Preston, who insisted that seen eieterfes Gece indict upon him. Here were eases where was the only course possihle or iequired, interference for and against the slavehold- at the hands of the General Government, iag interest would become necessary and since any other course would involve a proper, aotwithstandin5 Mi Pieston s protection and support of incorporated exposition of the Southern deteimnation companies, colonization, and even aholi- and his emphatic declaration in the f tee tion societies, all of which might be in- of the Senate, that if an abolitmoIiist w me cluded under the v~ue and indefinite capitally convicted under tIn, laws oh a term of domestic institutions. The slaveholding State, they woud han~ h General Government was bound rather let the Government interfere or not as it by its very nature, not to intermeddle might. Another was that in which the with these rights, but in every instance to abolition party sought to obtain finns keep hands off and had not the small- State Legislatures, the passage of a law est power or right, either to interfere or securing trial by jury for a slave demanded invade. It was also in like manner dvo- within free Statewhich all who wished cated by Mr. Hubbard, and Mr. Buch- to adhere to the Constitution were bound anan, so that the point was yielded by to resist, as at variance with its enact- Mr. Calhoun, and the amendment car- ments, and beyond the power of time ned witisout opposition. States. Another auseudment was then offered Mr. Allen of Ohio, siusplified the proviso by Mr. Smith, of Indiana, in the them of of Mr. Smith by offering a substitute to a prom-iso, that nothin~ contained in the be appended to the end of all the resolo- resolutions should be construed as em- tions, requirin~ simply that they should bodyin~ an opinion ofthe Senate, contrary not be construed, so as to impair, in any to the fundamental principles of the G6- asanner, the freedom of speech, of the veronient, as expressed in the Constitu- press, or the ri~ht to petition; while Mr. tion to thse effect substanti~ Ily, that all men Morris professing the strongest alarm at are created equal, tisat the freedom of doctrines whsieh Isad been advanced ia speeds, and of the press, and the ri~ht of the course of the debate, in his opinion petition, shall never be abridged; ilsat subversive of all freedom, mind of tlse in- error of opinion may he tolerated wlsile stitutioiss of the country, protracted the reason is left free to coosbat it and that discussion with an earnestness which tlse Union must be preserved. This mo- lost noise of its force by aa adjournment, tion, whiich was another exhibition of the and offered another ameisdment declaring restlessness witis which many Senators that thse right of the people to speak, write, from the free States contensphated the and print any thsing whatever, was indis- passa~e, of declaratory resolations, of putable, and that thsey were amenable this description, was opposed by Mr. only to tlse State in wlsich they osijit be Calhoun, as tending to embarrass tlseir at the time. Front this point the debate acnes upon the present subject by unne- assumed a very mm-ide range. Mr. Smith cessary abstractions ; but the anxiety, defended his atsseIsdment, and assailed ilse wisich was slsared by others in coosmon resolutions, which he was exceediitgly on- with Mr. Smith led the d bate into a dis- wilhin~ shsould ~o to the people alone, and cussion of meny import eat constitutional unaccompanied by thie qualifications points arisin fin as the respective rela- whiels he proposed. If tlseir mover was tions of the Jorthi aisd South. If his afraid to let them go before the people thsus proviso, it was at ~u~d by its mover, was connected, they were not what they seens- an unnecessary absti action the resolution ed to be. TIse principles of Nullification itself was nothsin usot e mod if the Se- had already beeis detected and exposed in nate was to easploy its lf in buildin~ up theos, and it was also clear that they struck such ahstractmo as tisOt~ wlsicls Ise Isad of- at the freedons of the press, of speech, and feredthe absti mctions of XVaslsimsgton, of thee righit of the people to petition. of Jefferson and of Jacksonslsould Thtev contained all the principles of the not be overlooked in such a crisis as tlse Alien and Sedition laws in a tniore odious present. In reply to the position of Mr. ferns. Whsat was the pretext of the Adams Con gression cii History.Sen ate. [November, 1~6 administration for their enactment, but tures. The abolition movement had that the Government and its officers had postponed the emancipation of the slaves been maliciously assailed in meetin~s, in in three or four States at least half a cen- speeches, and throu~h the press, and that tury, and who could blame the South in the people were instigated by foreign their peculiar and and deplorable posi- emissaries hostile to our Government? tionthreatened with the dan~ers of a nil of these were the very identical rea- servile insurrection ~vhich these doc- sons for which the passage of these reso- trines went directly to fomentif they lutions is now asked of the Senate. song lit security by any means within Such and similar arguments, consuming their reach. The South loves the Union; the time of the Senate. and creati n~ a high hut if its blessin _ s cannot be enjoyed but degree of irritatio a, Mr. Benton proposed in constant fear of their own destruction, to refer the whole matter to a Select Coin- necessity would compel them to abandon mittee, since it had become evident, from it. And if the Union should be dissolved the variety of amendments which were oct the question of slavery, what would proposed and debated, that the subject he the consequences? An entire non-in- would only become more embarrassed tercourse between its different parts, and and involvedwhile it bid fair to consume implacable wars, while the hopes of the a great part of the session. In the report fiiends of liberty in every clime, would of a Select Committee they mi~ht come he disappointed. But the aood sense and to the matter at once. The question sound patriotism of the people of the North should be left to the people of the North- when once aroused to the dander, ~vill ap- em States. It was un~enerous to douht ply the appropriate remedy. The peace- their firmness and patriotism on this sub- ful influence of public opinion will save ject, and the whole battle mi~ht be safely the Union. left with them. These views were sus- Mr. Buchanan ~vent on to instance tamed by Mr. BuThanan, who handled points on which a Select Committee mi~ht the subject in all its bearings, with a report, tn such a manner as to obtain tne power, clearness, and sound discretion, unanimous support of the Senate. One which elicited the high admiration of the such resolution mi ht declarewhat even Southern Senators. The action throuh a the abolitionists concededthat neither Committee was a preferable course. That Congress, nor any State, had a right to proposed by Mr. Calhoun was not the interfere with slavery in any other State best calculated to repress avitation. It where it is reco ~nized by law. Such a was wrong to abandon the safe and pru- doctrine was most clearly antiounced in dent course of the lest two years, and the first Con~ress, and was most palpa- make that Chamber the arena of such dis- bly the doctrine of the Constitution. It cussion. After ak the protracted debates became, therefore, not a question of mo- which it was evident these resolutions r~ lity affectina the consciences of men, must occasionwhat nod could they ef- hut a question of constitutional law; and fect? worse than nothin~. Some thiiteen the Southern States came into the confede- or fourteen votes were rec.orded aeainst ration with so clear an understanding on them on every division, when it was oh- this point, that Congress mi~ht as well vious that something might be prepared undertake to legislate on slavery in a fo- that would meet with the unanimous as- reign country, as in any of the States sent, or nearly so, of the body, and xvould where it now exists. yet satisfaction to the South. A second resolution might assert the give entire The resolutions forced many friends of principle that Congress has no right, un- the South into painful diiemm~ s. Those der the Constitution, to prohibit the e sp~c ictIl y, who, like him, had determined transfer of slaves from one State to ann- to sustain the ri Jits of the slaveholder at all ther, where slavery is recognized by the hacards, were forced into a most embar- laws of both. The power to regulate rassin situation; in front assailed by this commerce between the several States abolitionistsand by their own friends could never be construed into a power to of the South, as constantly driven into abolish this commerce, so lon~ as slaves false positions-where their moral streibth contiiiue to be property under the Consti- was weakened and from which their tution. As well might a citizen of Mas- enemies mi~ht ~ain important advanta_ as. sachusetts l:,e prohibited from selhin~ his It was not to be dis_ nised that all these wares in South Carolina, as the master thin~s had deeply endan~ered the Union of a shave in Vii inia from disposing of Before this unfortunate %itation had him to his neighbour in North Carolina. commenced, the South had a very large Both cases rest upon this same basis of and oxoevin~ party in favor of the gradual cons~itutionah law, and the power to as- abolition of slavery, but the interference gvlate does not hnply the power to de of tile abolitionists had produced a state strot/. of public opinion there now, in the face A third resolution mi_ let relatetothe abo of which not a man would dare to brin~ lition of slavery in the Distyict of Colum- such a subject before any of their legisla- bia. At the date of the cession, both Mary. 1838.) Mr. Calhouns Resolutions. 127 land and Yirgiiiia were slaveholding far into the future, and felt that this was States, and so continue still; it would, the only question which had the potency therefore, he a violation of the implied to divide the Union, and it would divide fhith which we pledged to them by the it or drench the Union in blood. The acceptance of the cession, to convert this South was reposin~ upon a volcano, and, very cession into a means ofiajurin~ and to prove the certainty of hostile collision destroying them both. La framing such between the States on subjects connected resolutions the importance of conciliatory with slavery, lie instanced a recent case langua~e would be manifest. It was in in which the Governor of Geor~ia de- the Middle and Northern States where mended from the Governor of Maine, this great battle must be fou~ht. There under the forms of the constitution, that could not be the sli~htest fear of the re- a person from that State who had taken suIt if Senators from the South, where away a slave in a schooner, should be the people are already united, would only given aip to its laws; that the Governor listen to the counsel of those who must of Maine had refused, and the latter bear the bruet of the contest. lied been formally laid before the Legisla- The reference to a Committee was op- ture of Geor5, ia, from whom energetic ac- posed by Mr. Calhoun, as utterly de- tints might be anticipated. In a tone of structive of the object he proposed to cc- hi~h arid impassioned exhortation, the complish. Should it prevail he should gentleman pressed upon the Senate the consider it but an indirect mode of gettin., solemnity and importance of the crisis rid of the resolutions. He had olThred whieh their present action would creete~ them as aata~onist to those from Vermont, end after some explen. tions by Mr. to ascertain simply whether, in the opinion Lumpkin, and Mr. Rug~Ies, of the circum- ~f the Senate, there was any constitutional stances mentioned by Mr. Calhoun, the ground on which the South could stand. motion for reference to a Committee was In essumin~ States Rights doctrines as withdrawn by its mover. the basis of his resolutions, and callin., a A strenuous effort was now made rally at this solemn and dan.,erous juoc- against the whole spiritof resolutions, or ture, of that great, thou~h somewhat dor- in favor of the amendment of Mr. Morris ment party, he did not intend to imply by that gentlemen, Mr. Prentice, of Ver- that the gentlemen opposite were aboli- mont, and Mr. Davis, of Massachusetts. tionists, or favorable to their desi~ns. In the consciousnesethat a great majority On the contrary, he believed that the of the Senate was opposed to them, the lan- great mass of the peojie at the North was ~uage of these ~entlemen assumed a tone sound on this subject, but candor com- of despair, and the resolutions were open- pelled him to declare he could not look to ly assailed, as a bold e~ort to gag the Se- them in this hour of daneer. The South nete,and to suppress even the right of peti- had their good wishesend they were tion and of speech. The supporters of the even willing to vote it dan~erous to egi- resolutions were dared to come to the tate this subject. But when slaveholders trial of direct enactment on the subject. touched the Constitution, and asked them Another declared object of the resolutions what barrier it opposed to these mad at- was to extend slavery, and to strengthen tempts, they were silent. Their political it by menas of the legi lative action of creed not only admits of none, but, in that body. Any dander to the Union fact, rouses into action that dangerous from the abolitionists was strona y denied spirit of fanaticism which thre ens to by Mr. Davis, and his whole ar.,ument subvert our institutions. The character went to show the reverse. Legislatures ~f the proceedin~s, so far, had shown should act as if there were two ends to how little reliance could be placed by the the Union. One, only, that of sustaining South on those who took these views of slavery, was thou~ht of here. Who, he the Constitution. The Senator from In- asked, were most likely to be the instru- diana had been among the most forward meats of dissolvin~ the Unionthose to disavow abolition sentiments, and yet who obviously controlled all its le~islative he avows opinions in his amendment and political power, or those who had no which would directly neutralize the good power but the force of ar0nment The it was proposed to effe t, and would have History of our Government proved that given a triumph, and a new impulse, if the predominance of slavery had shaped he had succeeded, to those whose objects the whole character of our policy and his- he denounced, and to whom he professed tory. For forty years out of forty-eight, to be so bitterly opposed: With, how- it had given vms a President of its o ever, such evidence before him of this selection, and through that officer had lied species of construction of the Constita- the complete control of all the vast execu- tion, the South mi ht be excused for de- tive support and influence. For thirty chinin., to trust its cause in suich hands. years out of thirty-six the great slave in He ~ave a powerful exposition of the in- terest had placed its own Speaker on the tensity and extent of the feeling at the Chair of the. House df Representatives, South on this subject. He had looked thereby controlling the committees and the 128 Congressional TliistorrpSen ate. [November, fountains of legislation. On every place abolition excitement.. The re olutions un- of honor, of profit, of privilege, this in- questionably a.ffordedthetrue constitution terost was to be found in such numbers al g ound Re~a rding them as an answer as indicated its mighty influencewhich, to the petitions and memorials on the sub in fact, disproportionate as was tise popu- ject which had been presented to the Se lation of the slave to the free States, moved nate, the preferable course would have this Government over fifteen millions of been to have had them come from a com souls. With this immense power in their mittee, for he maintained the inviolaLility hand, and proof given in every vote ta- of the right of petition, and they would also ken in the Capitol, of its ability to continue have been better had they a t come from it, what apprelsension ou5ht that interest the South but as they were lsere, the pro to feel ~i What more ought it to claim? per course was to look at them as they How can tisose who hold power be op- xvcre, and they contained the true theory pressed by those who bold none? No of tise Constitution, and presented the one, in fact and in truth, could accuse only basis on which liberty and Union the free population of the country, ene- could be maintained together~ The South mica as they were to slavery, with dis- was not historically amenable to all the unionand there could certainly be occa- objections urged by its opponents. The sion. in the mind of no one helon~in~ to Union was upheld by public opinion the slave interest, thus wielding all power, alone, and it was weakness or unwise to as it does, to wish for it, unless ise were argue that the political strength of the ambitious, unprincipled, and without slave interest was a protection, or that hope of advancement. That rent in- force was necessary to dissolve it. The terest which boasted of its triumph in evil of abolitionism was only now in it prostrating the policy of internal im- first sta e, that of fanaticism, and this provements, and of havin~ broken down was deepenin~ and spreading until the the system of so coilectia~ the public re s bject would inevitably assume a pohiti- venue as to protect free labor, now sought cal turn. When its motto shall be, as to triumph over dearer rights, and tlse on- already in many instances attempted, tionallejslnturewnstobetherendyinstru- we will vote for no man who is not in ment of its will, favor of abolition, the evil will have Against this wide range of eneral but reached its second stage, and to this it is gaihin~ chac& s Mr. Calhoun defended rapidly approachina. The war will then himself and his resolutions with his accus- have commenced in the non-slaveholding tomed power. Hehad.personally,been ever States, and must continue there until the opposed to the reception of every kind of issue is decided. That issue will be a abolition petitions. He had never doubt- contest for the Union, in whiels there can ed the folly of the course which had re- be no neutrality. To oppose this crisis ceived these papers, and invmediately laid was the solemn duty of every patriot. On them on the table. He had told the Sean- this ground every Northern man should tor from Pennsylvania, (Mr. Buchanan) defend the rights of the South. We must when he originally advocated that course, stand or fall tonether. The issue of this that it was altogether indefensible, and that strug~le at the North could not be pro- the same reasons which bound the Senate dictedfor a time, possibly, abolition to receive them, were equally cogent to might prevail. It was a subject peen- induce the action they requested. He liarly calculated to take hold of tlse feel- foretold what would be the consequences ings and prejudices of large classes of of that false position, and now it had be- the people. It was the natural tendency come true. He preferred to shut the door of their own freedomthe principles of in their face. They had no business democracyof the spirit of the a5e. But there. He then ar~ued from the strength if the abolition principles should triumph and energy of the abolitionists, anniost the in this stru the evil will have absurdity of their having no power to dis- reached its third sta ne. The contest will solve the Union. They presented a front he brought to the national Legislature, of one hundred and fifty thousand mem- and will be between the different States hers, with immense means, wagin~ an in- of the Union. This will be the final cessant war upon the institutions of the crisis, but even in its extreole event it South, which involved not less than nine would not be competent to dissolve tho hundred millions of property, and they Union. When the bitterness of the strife were imbuin~ the minds of the rising had subsided, the 6ood sense eif the pen- generation with these doctrines. The ple would return, both float the North and resolutions, however, cleared off all false from the South, and the severity of its views, and placed the whole question on trial would prove that nothing could constitutional 0round. The entire speech countervail the attachment of this people of Mr. Davis he characterized, on the con- to the source of their liberties, their pow trary, as a defence of abolitionism. or, and their happiness. Mr. Niles, at no.sch lea th, defended the Mr. Bayard, as final effort, then necessity of le0islative action to allay the moved to strike out the words tlse scm- 1838.1 Mr. Calhouns Resolutions 129 ral States, and insert instead, the very ticular, and to the whole series which words of the Constitution, the people preceded it, in the most strenuous man- of the United States. His only object ner, as tendin~ to produce the very oppo- was to avoid committal to the political site result of that which they professed to creed of nullification, to which he never seek; to promote peace, and allay excite- would consent. Mr. Clay expressed his ment. They were mere theoretic. I ab- assent to this proposition, provided the stractions without any thing practical in mover would permit it to embrace the them, and ooly calculated to brin~ up the historical fact, that the Constitution was rights of the South for trial, and for dis- adopted by the people of the several States, cussion, to create difference and discord actiu~ within their respective limits. This on constructions and abstractions, when was objected to by Mr. Calhoun on gene- every one was agreed on one practical ral and specific grounds. It was select- point, viz: th. t the rights of the South in~ the passa~e for an amendment which must be preserved. He would not call was the whole reliance of their adversa- them the work of abolitionism, but this ries, and was forcina upon the South the course, and the effects it had already pro views of their opponents in an indirect duced, was eminently calculated to aid the manner. The historical fact was un- abolitionists, and would aid them. Their questionahly that the Constitution was mover sought to carry the Senate with the act of the States. To this statement him by tbe cry of danger to the Union, Mr. Bayard opposed the fact that the and next, an inevitable consequenceits Government was the act of the whole destruction; both of which possibilities people, as a proof of which, when the he ridiculed in the strongest manner, as preamble of the Constitution originally having not the least foundation in fact. read We, the people of New Hamp- Another effect of these Resolutions, calen- shire, Vermont, & c. the names of the lated to ~ve confidence to the abolitionists, seversl States were striken out, and the was the principle on which they were existin expression inserted to avoid all distinctly brought before the Senate, that ambi~uity; while the discussions in the there could he no confidence in any effort Convention still more conclusively estab- to stay abolitionism, unless it came from lished the fact. The amendment was the States Rights party. This was to however lost by a vote of 34 to 8. The make a stalking horse of abolitionand Third Resolution was then carried, thirty- was pervectin~ a danger and an evil to the one Senators votina for it and eleven purposes of personal ambition. He ridi against it. culed the idea, which was implied in the The Fourth Resolution was permitted course of Mr. Calhoun, that there was no to pass on the 9th inst. without debate, the safety to the South hut in the little remnant vote beine 31 to 5. of a party led by that ~entleman. There The Fifth came up immediately after, was an extreme indiscretion in the course and produced the most animatin~ and pursued in reference to these resolutions, in excitin a debate of the series. From the assumin ~a line and tone of argument cal length to which our narrative of this a reat culated to irritate and excite, and produc- contest so far, has extended, we have ne- ma abi~oted code of politics whichplaced cessarily given already many of the lead- every one who did not adopt these ultra mna acauments which were placed before views among the abolitionists. The ex- the Sen. te on this occasion, in a new trava~ant mental terrors by which every point of view. The occasion was chiefly trembling vote in the Senate was secured remarkable for having brought out the to this coursewhich, however, it miaht opinions of Mr. Clay in strona collision appear to the hasty and hot-headed, was with the proposed course of Mr. Calhoun, doing vast injury to the Southhad no and the discussion in consequence ns- foundation in fact. The Union was se- sumed, at times, a somewhat personal cure, and the real interests of the South character, which it will be unnecessary were stron a in the Constitution, stron a in to preserve in this History. After a aen- public opinion, strong in the votes which eral opposition to the resolution by Mr. have always been given for its rights, and Smith, of Connecticuton the ground lastly, they were stronger than all in the that though he had supported the former strength of the States, and their ability re~o1utions for the sake of the South, yet to protect themselves. The use of the for the same reason, and because he could harsh, indecorous, and offensive language not be made to declare that the people of used to sovereign States in these resoiu- the North, who had, as one man expelled tions of intermeddling, and similar ex- it for ever from their territory, would sus- pressions, was calculated to excite and tam slavery, he would vote against the pre- provoke. The petitions to abolish slave sentand a defence of it by Mr. Pierce, of ry in the District of Columbia, were not New Ham pslmire, on aenerol constitution- a direct attack upon the institution in the al grounds, mint less than from the neces- South, and it was, therefore, soundina an sity of the case Mr. Crittenden, of Ken- unnecessary and improper alarm as cx- tucky, ohjected to timis Resolution, in par- pressed in the Resolutions. 130 Congressional Hi~tory.Senate. [November, Mr. Calhoun defended his course against exclusive guardianship of the States these charges. The Senator and him- Rights, or any one party. The present self differed so completely that they could course taken hy the South was one of in- not possibly agree. With respect to the finite injury to itself; and the object of the charge that they were abstractions, he Senate, most of all, should he to allay ex- appealed to history that abstractions lay citernent, quiet the public mind, strengthen at the bottom of all the important political the well disposed, and aive no advantage revolutions of which we have any know- to the agitators. Mr. Clay always ad- ledge. In the history of our country, did vocated the course of receiving and re- not the abstract resolutions of his own ferring these petitions for action to the State, and of Virginia, strike down, at a proper committee. This had been the blow, the Alien and Sedition laws, and practice during a great part of our na- effect a revolution which will last as long tional existence, and was the safest and as we areapeople? In fact, it is abstract the best. The course adopted with re- truths only that deeply impress the un- ference to petitions for the abolition of derstanding and the heart, and effect great slavery in the Senate for the last two years, and durable revolutions, and the hither he always thou~ht unfortunate. In regard the intelli -, ence of the people, the greater to these petitions the question should be, will be their influence; it is only over the not so much what they deserve, as what ignorant they could have no control. To is due from the calm anO elevated cha- the other char~es of Mr. Crittenden, Mr. racter of the American Senate. Mis~uid- Calhoun replied with similar effect, by re- ed as they are, these petitioners are part peatin,, the sentiments already embodied of the American peopleand was it be- in his previous arguments. After this, on coming to be carried away with rashness the su~estion of Mr. Preston, the words to be moved xvith anger, or transported on any pretext whatever, were inserted with rate, because fanatics, as they are instead of on the ground, or under the called, present petitions to accomplish an pretext that it was immoral or sinful, as object which, if seriously entertained, expressed in the Resolution, and also a would justly excite profound alarm? clause implying that interference with This mode of treatin them had, ~t all slavery in the District of Columbia would events, a ~gravated the disease; and the be a violation of the public faith implied abolitionists were vastly increased by in its cession by the States of Maryland those wlso united with them to preserve and Virginia. inviolate the ri,,ht of petition. This Mr. Clay declared in the outs~t that would be still more the case were the he could not vote for either the Fifth or Sen. te to place in their hands an addition- Sixth Resolution. The others had re- al instrument by unnecessarily coupling ceived his sanction, more as abstract doc- the annexation of Texas with the subject trines than from any confidence he had of abolition in the same series of resolu- in their healin~ virtues. In fact, from tions. That, indeed, would go far to the manner in which they had been uiiite the North as one man. The course pressed upon the Senate by their mover, that would best become the Senate would he feared they could have no other effect be to keep the abolitionists, as a class, than to increase the existing irritation, separate and distinct, and the subject of This was particularly the case with re- abolition distinct from the right of pe- gard to the allusion to Texas in the last; tition, from Texas, and every thing else. and if the purpose of the Sefiate was to And if the Southern feelin~ should ask compose the North, and give strength and will you condescend to argue with such confidence to the numerous friends of the fanatics? he would answerYes, to pre- Union which it contained, there was serve this ~lorious Union of ours from neither wisdom nor discretion iii blendin~ the possibility of all danner, I would argue these two unhappy causes of agitation with any onewith the lunatics them- together. No stress should, in reality, selves in their lucid intervals, argue with be placed on a point much insisted on in them a.,ain and again. It was not. how- the discussion which these Resolutions ever to recal the abolitionists to a sense of had given rise towhether the Consti- duty that such an appeal as might ao tution was to be regarded as the act of forth from that hall would be effectual. the people of the United States collectively. It would address itself to that vastly the or of the separate States composin~ the largest portion of the Northern commu- Confederacy. The historical fact blended nity, who are uninfected with abolition- each power to~ether in its formatioii and ism, and Congress had never yet appealed ratification, and the only question in con- unsuccessfully to the intelligence, the pa- sideria~ the instrument should be: what triotism, and the valor of the American are the powers dele~ated by its provisions? people. Mr. Clay greatly deprecated the These provisions formed a securer and alarm of dan& r to the Union. There firmer rampart for the South than ever was none save to adistempered imagina- could be hoped from the present attempt tion, nor would there he until some au- to place its weighty interests under the thoritative act against Southern interests 1838.] Mr. Calhouns Resolutions. 131 should emanate from the Capitol. Until hope of securing an almost unanimous that time should come there would be no voteit was adopted by a majority of 19 necessity for action. Mr. Clay then read to 18, a vote so nearly equal that it disap- a series of resolutions which he had drawn pointed these expectations, and induced up, embracin~ all the points of the contro- Mr. Strange to move a reconsideration, versy, which, as they were never submit- which was carried. Mr. Buchanan, on ted to the Senate officially, it will not be its thus comm before the Senate a~ain, necessary to insert. They were declara- as an original motion, with the same view tory; that slavery was exclusively within of obtaining a stron vote proposed to the control of the States wherein it existed. detach that portion of Mr. Clays amend- That abolition petitions should be in- ment which related to the District of Co- stantly rejected, as relatin~ to an object lumbia, from what followedwhich, palpably beyond the coostitution~ lpowers though objected to by Mr. Sevier, because of Congress. That slavery could not b~ all mention of the Territories would be abolished in the District of Columbia omitted, was carried by a vote of 24 to 13, without a violation of that ~,ood faith on Mr. Buchanans promising to re-sub- which was implied in its cession and ac- mit the other branch of the Resolution. ceptance, nor unless compensation was This vote brin~in~, the question relative made to the proprietors of the slaves, with- to the District of Columbia directly be- out an infringement of the Constitution; fore the Senate, Mr. Webster declared nor without excitin~ a de~ree of alarm he could not concur in any resolution and apprehension inthe States reco mzina that would tie up the hands of Coneyess slavery, far exceeding in its mischievous in relation to the matter, either directly or tendency any possible benefit which could indirectly, so as to put its clear constitu- he accomplished by the measure. That tional power, beyond the exercise of its it would be inexpedient to abolish slavery own discretion. There was nothin~ in in Florida, the only territory tolerating it, the acts of cession by the States, or in the on similar grounds, and because it would proceedings and history of the times, be a violation of the Missouri Compro- which did not imply that it was the in- mise. That Congress has not power to tention of all parties to leave the subject prohibit the slave trade betweenthe States. entirely to the discretion and wisdom of And, lastly, they lamented the exist- Coognss. The words of the Constitu- ence of the abolition excitement, but ex- tion were clear and simple. Congress, pressed a firm conviction in the unalterable by that instrument, had power to exercise attachment of the people for the Union. exclusive jurisdiction over the ceded ter- Of these resolutions, Mr. Clay offered ritory in all cases whatsoever. This being as amendments to the fifth of Mr. Cal- the case, if the assertions contained in houn those relating to the District of Co- the resolution were true, a very strange lumbia and the Territory of Florida. result must follow. By its terms, the faith Mr. Calhoun resisted this attempt with of Congress was pled~ed indefinitely, and the same firmness that he had done all the an obligation was thus made that would preceding efforts to impair the strength of bind forever as much as one of the prohibi- his R~solutions. He was made more re- tions of the Constitution, so that if in the solute by ~vitnessin~ the concessions which future course of eventsavailing them- Mr. Clay was prepared to make. On selves of a change of circumstances or po- this the two systems were irreconciliably licy, the slave States, themselves, should opposed. The one was for conceding, abolish slaveryin the District only the the other for firmly maintaining every existing state of things could not be chang- ri~ht they possessed. The substitute of edand even thou~h slavery should be Mr. Clay was objectionable, because it abolished in every other part of the world, abandoned the Territories to the abolition- in the Metropolis of this great republic ists. It conceded, by an almost necessary alone would it be established in perpetni- implication, the power of Con,,,ress to ap- ty. Thou,~h Mr. Buchanan dissented propriate the public money to purchase from these views, and maintained that in and emancipate slaves, the most danger- the contin~eacy assumed by Mr. Web- ous as well as unconstitutional concession ster, the resolution would not be binding, possible. It implied a duty on the part and Mr. Clay supported his modification of Congress to receive and discuss aboli- of the resolution by expressin~ his great tion petitions, of which he utterly denied surprise that Mr. Webster could ever the existence ; and finally, he objected take such a view of the matterthat that the tone of the entire resolutions was ~entleman continued to defend his posi- too conciliatory and subdued for the oc- tion, and answered the continual asser- casino and the circumsh oces. Mr. Clay, tions of the other sidethat the States in the course of the debate, withdrew the would never have made the cession had portion of his amendment relatin~ to the they supposed that Conaress would make indemnification of slave owners by Con- such a use of their authorityby affirming gress; afier which, a number of Senators the presumptive certainty that Con6ress declaring their approbation of it, in the would never have accepted the cession, Congressional History.Senate. 132 [November, clogged with the least limitation on their Southern States are in fact an aggregate constitutional power. The Southern Mem- of communities not of individuals. Every hers, ~enerally, were exceedin~ly inimical plantation is a little community with the to this opinion of Mr. Webster, and Mr. master at its head, who concentrates in Cuthbert declared that to understand the himself the united interests of capital and question correctly, 6reatly depended on labor, of which he is the common repre- the sound sense or morni sense of the in- sentative. These small communities, ag- dividnal, and it might well he ima~ined gregated, make the State in all, whose ac- that the question would be uninte1li~ible tion, labor, and capital, are equally repre- in the individual in whom that moral sented and perfectly harmonious. Hence sense was wantin . the harmony, the union, the stability, of Mr. Calhoun, before the vote was taken, that section is rarely disturhed except recapitulated the general grounds on through the action of this government. which he wished the passage of the re- The benefits of this exemption from po- solutions. At all events he would suc- litical evil extended beyond the limits of ceed in one object he had in view, to as- the South, and made that section the hal- certain how far the Senate was disposed ance of our system, the great conservative to take a position ainst abolition. The powerof the republic, and in the tendency leadin~ propositions toat his iesolutions to conflict throu~hout the the North, be- embraced, and whinh he hoped to carry tween labor and capital, which was con- out by them were th st unith r a State nor stantly on the increase, the weight of the its citizens had a iioht to interfere with South has been, and ever will be, found on the peculiar institut ons ot other States, the conservative side, and it will always and that the Gen~ial Goveinment, as a throw it n~ ainst whatever may tend to comaton agent of the States h ed no right disturb the equilibrium of our political in any of its acts to dismminate between system. This was the natural position the domestic instiuton~ ot the slavebold- of the South, the salutary influence of in~ and non elaveholdiub States on any which would lon~ continue to preserve pr tence whatever; no m. tter ~v hat might our fine institutions, if it should be left be the pi ivat opinions of those who should undisturbed. And it was these institu- be e~trd with the public authority. On tions which these deluded madmen were these stron~ and elevated grounds he rest- moving heaven and earth to destroy, and ed the canac of the South, and on this by all these considerations he now called qa at on he saw that its fate depended. upon all those friends who thus far had It a is a hi h~i question than the mere supported him, to carry out the simple naked iclations of master and slave. It principles, which would effectually right It invohi d a reat political institution es- our endangered position. Regarding Mr. sential to the peace and existence of one- Clays ameiidment as a departure from half of the Union. A mysterious provi- them, he should vote for it with great re- dence had brou~ht to5ether in the South luctance, and only on the ground of pro- two races from different quarters of the serving harmony and union mono those globe, and placed them there in almost who were opposed to abolitionism as far equal numbers. They were there unques- as they could be without a sacrifice of tioiiably united beyond the possibility of principles. separation, and experience had shown The question was ihen taken on the that the existin~ relations had secured first branch of Mr. Clays substitute, and the peace and happiness of both. Each it was carried by a vote of 36 to 9. (See had improved; the inferior so much, that Table of Yeas and Nays No. 3.) it had attained a de~ ree of civilization On the eleventh the debate was con- never before reached by the black race in tinned with unflagging interest, the ques- any a~e or country. This agitation had tion bein~ on the adoption of the second produced one happy effect at least. It part of Mr. Clays amendment. At the had compelled the South to look at the su~gestion of Mr. Sevier, a clause had nature and character of this areat insti- been introduced by Mr. Clay, guaran- tution, and caused it to correct many false teem the ri ~ ht of slave property to the impressions th. t even there were once en- Indians, which the mover, upon further tertained respecting it. There-many once reflection, deemed it best to omit. Mr. believed that it was a moral and political Sevier, however, was so anxious to have evil. Th~ t folly and delusion were fully a proposition of this description retained, dispelled, and the South saw it now in that besides ur~ing his reasons, in detail, its true light, and regarded it as the most he forced the question to a division, when safe and stable basis for free institutions by a vote of 31 to 10, it was decided, that in the world. It was impossible in that all allusion to sI. very among the Indians region that the conflict could ever take should be omitted. After this, at the sn~- place between free labor and capital which estion of Mr. Kin~, of Alabama, the made it so difficult to maintain and estab- clause relating to the Compromise Law lish free institutions in all other wealthy was stricken out, when thc passage of and hi~hly civilized communities. The the modified amendment was opposed at 183S. I Mr. Calhouns Resolutions. 133 len ~th by Mr. Calhoun, because, mainly, sure, and that it had (lone much to rouse the rejection of the prayer to abolish sla- into action the present spirit. Fad it very in the Territory of Florida, was then been met with uncompromising op- placed upon no higher ground than that position, such as a then distinguished and of its inexpediency, which conciliatory sagacious member from Virginia, ( Yr. policy, he ar~ued, was fallacious, and Randolph,) now no more, oppos(d to it, would not be of the sliglttest force in stay- abolition might have been crushed for- ing the tide of abolitionism, ever in its birth. The two points towards wbich the abo- With these views Mr. Calhoun could litionists directed tbeir attacks, were the not vote for the resolution as it stood, and District of Columbia, and the Territo- they were greatly strengthened, when lie ries, because these they con sideted the contrasted it with his Fifth Resolution, weak points of the South, and their oh- which has been struck out to insert this. jects there attained, the main difficulty in In adoptin~ this substitute Southern, Se- their way would be sttrmounted. With aators would strike down the stron~ bar- this knowledge, our policy ou~ht to be to tiers which placed this District and the stren gt hen and fortify those points most ef- Territories under the same hich constitu- fectually, whereas, the main barrier which tiond protection with the States them- Mr. Clay proposed to throw around the selves, and which made an assault on Territories in his amendment, was sim- tltent, an assault on all the slaveholding ply the inexpedience of abolishin~ slavery States, and have erected in their place the in Florida. To such an argument an most feeble of all barriers, that of mere abolitionist would at once reply: How inexpediency, and this was done because can you justify yourself in refusin to there was more dread of wounding the put down what you acknowledge to be feelings of the abolitionists than the pen- immoral, sinful and a gre at political evil, plc of the slaveholding States. He he- on the jound that it is inexpedient 2 lieved that most of the Senators from the The question is overwhelming. To stay non-slaveholdin States had gone as far its prozress, far hi~her grounds must be as they could consistently with their opin taken; grounds as high as those assumed ion of what was due to the feelinas and by these deluded madmen, and which will temper of those they represented. show tltem that, while they are acting in The first four resolutions were well the name of morals and religion, they sustained, although they took the highest were violatina pli~hted faith, and sub- constitutional ground; but ott the fifth, vertin~ the entire fabric of our political which involved the same principles with system; and, as such, are uilty of yin- the preceding, he regretted to say, there lating the most solemn obligations, politi- had been a givin~ away. The consUtu- cal, moral, and religious. sional ground was abandoned, and that of Mr. C. next objected, that he disliked mere inexpedienoy substituted. In on- the desianation of the particular Territo- larging on this topic Mr. Calhoun rose to ry of Florida. The abolitionists ask to the highest strain of his nervous and strik- abolish slavery in the Territories; and we ma eloquence. reply, that it is inexpedient to abolish it Itsexpediency P he exclaimed. Think in Florida, assignin~, for a reason, that it of the folly of attempting to resist the was the only Territory in which slavery powerful impulses that urge them on to existed. They make a ~eneral demand, the work of destruction with so feeble a extendin to all Territories that now are, word! You might as well think of cx- or may he hereafter, created; and we tinguishing a coAflagrasion that mounted meet this broad and sweeping prayer, to the clouds, by throwina a bucket of with the modest answer, that it is inex- water on it. Expediency, concession, pedient to abolish it in Florida. In givin~ compromise! Away with such weakness such a diffident response, people would in- and folly. Ri~ht, justice, plighted faith, fer either that the Senate was afraid of of- and the Constitution: these, and these fendin~ the abolitionists, or indisposed to only, can be relied on to avert the conflict. commit itself as to Territories hereafter These have been surrendered for inex e- to he created 2 He regarded the grounds diency h assumed in the resolution, as amended, Mr. Clay defended his phraseolo~y worse than useless. They are calculated with great earnestness; and in the course not to repel, hut to attract attacks. He of his nra ument went into historical ra- was glad that the portion of the amend- miniscences, of much interest, respectina meat which referred to the Missouri com- the Missouri Compromise. In reference promise had been stricken out. Thou ~h to Mr. Calhouns stron objection to the his impressions were at one time in its word inexpedient, he said there were no favor; with his present experience, and higher grounds. Would any one say knowledge of the spirit which then, for that the power of abolition on the pert of the first time, began to disclose itselg he Congress did not exist? Though this shad entirely changed his opinion. He power did not exist in relation to the ~ow believed that it was a danberous men- States, yet even the Senator from South 134 Congressional History.Senate. [November, Carolina could not declare that it would ought not, and to insert, that any at- be unconstitutional fnrCongresstoabolish tempt of Congress to abolish slavery in slavery in the District or Territories. The any part, of the Territories would create powor, like many others, was not to be serious alarm and just apprehension in exercised, for high considerations, amount- the States, sustaining that domestic insti- in~ in the District to the plighted faith of tution, & c. The question was then taken the Government, durin~ the existence of on Mr. Rivess amendment, and decided a state of things which put a restriction in the negativeyeas 10, nays 29. on the exercise of the power; but when Mr. Clays substitute, as amended, af- that state of thin~s should no longer exist, ter this vote, comma up again, occasioned the power mi~ht be exercised. So as to a final debate between Mr. Buchanan, Mr. Florida: the power existed, but, for high Calhoun, Mr. Hubbard, and Mr. Walker. considerations, was not to be exercised. The former aentleman made use of the The extreme measures and langu%e to opportunity to define the position of the which the South resorted were much to be North upon the subject. In the course of deprecated. This might go much too his remarkswhich a ave some exception far; for instance, because the abolitionists to Mr. Calhoun, he took occasion, in al- represented slavery as a moral evil, and lusion to the present joint resolution of as sinful, ought their opponents to take Mr. Hubbard and Mr. Clay, to speak in opposite around, and maintain that slave- high terms of the former Senator from ry is not sinful, but in conformity with re- New Hampshire, Mr. Isaac Hill, who he ligion 3 Suppose we declare that slavery characterized as a man of stron and de- accords with the Declaration of Independ- termined character, and as one than whom ence, and that it is consistent with every Mr. Buchanan had never met on that floor hi~h and holy principle, would it make a Senator who possessed more extensive any converts 3 Nothina should be done and minute political information in regard to aggrarate this spirit at the North, and toourdomestic affairs, and however much to increase the abolitionists. And the he may have been traduced, there was no main object with all le~islative action man in the Senate at the present day who should he to prevent the residue of the loved his country better. North from goin~ over to join them. Mr. Calhoun at length brought this There lies our danger, and there, also, long and f tiguin ~, but deeply interesting are we to look for safety. and important, debate to a close, by con- Mr. Clay afterwards modified his senting to vote for the amended Resolution. amendment, on the suggestion of Mr. He said it had undergone important modi- Hubbard; the most important part of fications, tending to make it stronger than which modification related to the implied at first, though it xvas still very feeble, and breach of faith, by abolition, with citizens not at all suited to the occasion. The who, with their slaves, mi~ht settle in resolution, as finally submitted to the the U. S. Territories, but it still failed to vote, was as follows: meet the approbation of Mr. Calhoun, Resolved, That any attempt of Congress who declared that he would neither up- to abolish slavery in any Territory of the pose it nor vote for it; when Mr. Rives, United States, in which it exists, would with a ,Lw of reconcilina these different create serious alarm aud just apprehen- views, moved to strike out that under dis- sion in the States sustainin~ that domestic cussion, and insert another slightly vary- institution, would be a violation of good in ~ in its terms from the original one of faith towards the inhabitants of any such Mr. Calhoun. This new effort to bring Territory who have been permitted to this bug discussion to a close anve rise settle with and hold slaves therein; be- to some animated remarks by Mr. Pres- cause the people of any such Territory ton, who dd not affect to conceal the re- have not asked for the abolition of slavery pu~nance he felt at briagin~ the South, in therein; and because, when any such this manner, to trial befos e an incompetent Territory shall be admitted into the Union tribunal, by any mere resolutions and ab- as a State, the people thereof will be en- stractions of any kind. His position was titled to decide that question exclusively to deny the jurisdictionto declare the for themselves. subject was covent stout jscdicc, and not to It passed by a majority of 35 to 9. stand here and be insulted by aa;tation This long and memorable struggle was and discussion of his undoubted rights, finally terminated on the 12th of January, Therefore, he utterly disclaimed the when the Sixth Resolution of Mr. Cal- course of dra~gin~ the South before the houn, was laid on the table on the motion Senate by resolutions and abstractions; of Mr. Preston, by a vote of 35 to 7. The and earnestly invoked it to put an end to ground of opposition by that gentleman these irritating and profitless discussions, being, that the subject of the resolution, After some remarks from Mr. Niles, would come more properly before the Mr. Walker submitted a modification, Senate when a resolution which he had which was accepted by Messrs. Clay introduced on the 4th instant relative to and Hubbard, to strike out the words the annexation of Texas, should be before 1838.1 The VerrnorztResolutjong. 135 the Senate. When Mr. Calhouns reso- solutions, of which we have already lutions were thus disposed og Mr. Allen, given an abstract on the former occasion, accordin~ to previous understanding, as when they were offered and withdrawn, noticed, moved to append to the series of occasioned the last discussion connected the follow-in resolution, as subsequently with the subject of slavery, which took modified by himself: place in the Senate during the session. Resolved, That nothing in the fore- Mr. Smith and Mr. Prentiss defended going resolutions is intended to recognize their State from the epithets which had the right of Con0ress to impair in any been cast upon it on a former occasion, manner the freedom of speech, of the and also its entire right as a sovereign press, or the riht of petit ion, as secured member of the Confederacy to make every by theC onstitution of the United States, request then put forward. Vermont had and of the States respectively to their citi- de~raded herselg it was said, by passing zens. On this question a lon~ and ani- these resolutions, but her Senators pro- mated discussion took place, in which fessed their ~villin~ness to join issue with Messrs. Smith, of Indiana, Morris, Al- the South as to the justice of the epithet, len, Walker, and others, participated. In and let the people decide whether it was the course of the debate, Mr. Smith intro- most dearadina to maintain opinions in duced a resolution similar to that which favor of justice, humanity, and freedom, he formerly offered, which appearin,,, to or the reverse. With respect to the allega- meet with much opposition, he modified tions set forth in the Report,which had been it to read: characterized as infamously libellous of That nothing in these resolutions the South, it would be unnecessary toprove shall be construed or understood as in- their correctness, since it would only prove tending to impair or in any manner abridm that the greater the truth, the ~reater the the freedom of speech or of the press, Zr libel; and even Southern gentlemen would the ri,,ht of petition, which is hereby ex- deem it trite to admit that there were no pressly decl, red to include the duty on evils growing out of the state of slavery. the part of the Senate to receive and de- The State of Vermont was then,abundant- termine upon the petitions. lyjustified in ur,,ing them as reasons why The Southern party, however, maui- they should not extended and entailed on fested the ~reatestreluc.tancetothepassa~e others, as in the annexation of Texas. of such provisos, which they looked upon The people of the South were free to ex- as impairin~ the wei~ht and effect of the press opinions touching the interests of Resolutions already adopted, while nearly the North; and thou0h that section con- all the Northern Senators in a mass, were demned them as unsound, no one made as anxious to have some such clause at- complaint on the subject, or affected to tached to legislative proceedings of this deny their ri,,ht. It was therefore neither important character, especially as the pub- generous nor magnanimous in the South hc anxiety on this very point, had already, to find fault with the exercise of the right as they repeatedly declared, been almost of opinion by other parts of the country. entirely, the cause of the abolition excite- It was argued that it was a great mistake ment at the North. A few Senators, in- to treat these resolutions like a petition deed, from that section, were unwilling to from a private individual. The Legisla- clog the benefit the South might derive ture of a sovereign State does not a eak from the present act, by any unpalatable the lana ua e of petition. It p expresses its provision, and Mr. Nihes on the part of wishes and opinions in the form of reso- this class, moved to lay both the resolo- lotions, the only one becoming its charac- tion and amendment 00 the table, and tar and dignity, as representin~ the peo- thus let Mr. Calhouns resolutions go plc, and as a member of the Confederacy. forth alone. This course was adopted To put such a document on the footing by the close vote of twenty-three to of a petition, would be an assumption of twenty-one. (See Table of Yeas and a new and very high prero0ative, un Nays, No. 4.) known to usaae, or the Constitution, as it The character of the various proceed- would be repugnant to the nature of this in~s attending this interesting le~islative Union, or the character of this Govern- conflict, has compelled us to treat it at ment. Such a doctrine came with a pa- greater length, and with a larger infusion cuhiarly bad grace from the States Rights of individual opinions than comports with school of politicians, who maintain that our space, or with the plan usually adopted this Union is a mere confederacy of sove- in Historical Narrative. We believe, reign and independent States, and the however, that no fact of importance in the Government a compact between them. course of the proceedings, or in the gene- A disposition to interfere with thia rights ral line of argument on either side, will of the South was strongly denied on7the be found to have been omitted. part of Vermont, or the remotest desire to The Vermont Resolutions. raise disturbing questions in the Senate, The presentation, on the sixteenth in- but though such was his policy, Mr. Pren- stant, by Mr. Swift, of the Vermont Re- tiss, at least, would not be construed into [November, 1315 Congressional History.Senate. approbation of slavery in any shape or culated to rouse the indi~,nant retort of form. A system that dooms part of the those whose feelings were outra~ed and human race to hopeless bondage from insulted by it. That whole section was generation to generation, deprived even distinguished for its high respect for of their own offspring, and which dooms lawand for honor and honesty, for them also, from the most sordid and un- private and public faith, for morats and worthy of all motivesthe mere hope of reli0ion it could not be surpassed in gainto perpetual, everlastin~, brutal, i~- this country or age, by any other com- norance, pronibitin their instruction, in munity. The South had of late been religion, in morals or in knowledge, by subjected to such habitual attack that severe pains and penalties of law, had no gentlemen had become, in a measure, bar- place in his approbation, and could never dened to it, and listened to all as a matter receive his countenance or support. Much of course, so that even in this case, when it of the excitement that prevailed on this was stigmatized as immoral, sinful, sea- subject was owing to the extravagant and sual, & c., it was chidden when it rebuk- arro0ant doctrines which h~d been ad- ed its revilers as fanatics and incendiaries. vanced in the Senate on it. That Con- With regard to abolishin5 slavery in the gress had no power to abolish slavery in District of Columbia, that was a settled the District of Columbia, no ribht to dis- questionand it was absurd to argue that1 cuss the subject, and the people no right because the power of Congress was un- to petition concerning it, were pretensions limited there, that it could do every thin~ that could never be silently acquiesced in, abolish the freedom of the press, or any and which must and would oc resisted, similar measure. It was necessary in treat It was no argument to denounce those a with respect what came from one State, opposed to slavery as miserable fanatics, to take care that we were not doing injitry and to heap upon them every opprohious to another. In the North they had while epithet. Such epithets must be alike cast, servants; and suppose the South were to for the sause opinions, upoa some of the tell such domesticsit was sinful and im- soundest heads and purest hearts in every moral for them to be held in a subordinate civilized country, and must, in an espe- capacity, and that they might he relieved del manner, be dealt out on the Parlia- of their burdens by cutting the throats of meat and Statesmen of England. That their masters and mistresses while asleep, to ask for the abolition of slavery within or putting poison in the victuals on which its limits, was insulting, and interfering they were to feed what would gentle- with the rights of the citizens of the Dis- men think of such a course 3 Would trict, was disproved by the language of a they not be very likely to lynch such in- petition to Con~ress from them signed by truders, or would they wait the slow pro- no less than one thousand one hundred cess of the law? In this whole matter and six names of the most respectable and the South had been misrepresented, and enli a htened men in it, praying for these these Resolutions had done the grossest very objects, because it was an evil ~4 injustice to that portion of the country. serious mnannitude, which greatly impairs The course of Vermont was much oh- the prosperity and happiness of the Dis- jected to. There was no grievance un- trict, and casts the reproach of inconsis- less the Constitution were a grievance, tency upon the free institutions establish- and the Legislature of that State should ed among us and which used language, first seek to alter that sovereign compact as strong and as condemnatory on the sub- before it attended to petitions, asking for ject of slavery as the Legislature of Ver- alterations in what it was sworn to de- mont, or of any class of petitioners. fend. The idea of the South fostering The report and resolutions were con- the Slave Trade was indignantly repell- demned in the strongest manner by South- ed. The South was as much opposed to era gentlemen, and w7ule some of them, it as any portion of the Union, and had as Mr. Calhoun, and Mr. Roane, whose been the first to move in its suppression. States Rights principles would. not permit These, and similar arauments, C00 them to sanction their rejectionshowed sumed the day, but so strong was the their repugnance to their doctrines, and feelings in favor of hearing one of the langua,,e, by refusing to vote on the subject States, that when Mr Stranges motion to at allothers were unmeasured in their lay the question of the reception of this expressions of disapprobation and dissent. Report and Resolutions on the table was The speakers on this side were Messrs. put to the vote, it was decided in the nen a- Preston, Cuthbert, Strange, King, of Ala- tive, by a division of 26 to 12: some of bama, White, Calhoun, and Roane. the Southern Senators, as already observ- Mr. Stran~e moved to lay the question ed, dechiniab to vote. (See Table of Yeas of their reception on the table, and, with and Nays, No. 5.) The Report and Re- other Southern gentlemen, argued strongly solutions beinn then before the Senate, against them. The right of Vermont to were laid upon the table without being present such a memorial was not denied printed or referred, on the motion of Mj. but its tone and manner were well cal- Swift himself. [WILL BE CONTINUED iN OUR NEXT.] 1839.] The Public Lctnds.The Preemption Bill. 137 (CONTINUED FROM THE HISTORICAL REGISTER, NOVEMBER, 1538, VOL. IV., P. 136.) SENATE (C~ontinued.) Bill were to give the hardy and adventu rous pioneer of the West a preference THE PUBLIC LANDS. over the mere speculator, in the purchase The subject of the Puhlic Lands gave of at least so much of the public land as rise to some of th~ most important debates he had actually settled on and redeemed of the session. Without filling our pages from the wilderness. It was carefully with an account of the various hills of a framed so as to exclude, so far as it is private, local, or partial character, which possible in any law, all possibility of were before the Senate during the course fraudulent perversion or misapplication of the session, we shall confine ourselves of its provisions, especially in rrlation to chiefly to the two which were regarded as float exelaptions, under which it was the great measures of the sessiun, in rela- charCed that so many frauds had taken tion to this subject inlroducin~ new prin- place under the former pretmption laws. ciples of general and permanent policy It excluded all _ rants, and siniply con- into the system of the administration of fined the settler to the space he occupied, the Public Landsthe Pre~mplion Bill, givin~ him preference in the purchase, at and the Graduatioll Bill, Ihe former only the Government price, over the specula of which became eventu~lly a law. The br. It prevented him also from inter Bill to allow the Slates to tax the lands ferin~ with the sites reserved for town sold by the United States, and Ir. Cal- Ints, oc lands reserved for purposes of houns Bill to cede them to the Stats on education or Ilternal improvement by certain condtions, .~ill also demand a the States, under the laws of the United brief notice. States. it was contend d that the settler who 1. ft the comforts of civilization to 1. Th~ Pre~eiplioa Bill, seek a new home, reclaimin a the lands This Bill, reported by the Committee from their rude state, subduing the forest, on Public Lands, was taken up for con- and build inz his cahill in the before un siderstion on Thursday, twenty fifth Jsn troddetl wId x as surely entitled to such uary, and was debated with much ecin a pr fin-n e nntess it could be The xvn that estuess during that and tile thlec StI ceed SOul0 ereut loss would accrue to the Go- tug days, Friday, Monday and Tuesd iv veinnient hom the establisbment of the The Senators by whom it xsos ( luiefly pieciuption Pt iliciple whereas the fact supported, were Mcssrs. Benton Cl iv of xs ~s est thIn-bed by the returns of the Alabama, Fulton, TIuhard, Kin Lxon xaie~ of public lands that, from 1823 to Norvell, Tipton, Walker, Webstet IVhlte 183k tnt itusive the avera~e price obtain- and Yonn ~ xvi tile it was oppos d by Sen ed at auction for the best lands had not ators Bayard, Clay, of Kentucky Crit- exceeded the minimum price of a dollar tenden, Calhoun and Davis. Its ~lillCl and twenty-five cents per acre by more pal and most zealous opponont xt as Mr than two cents and a half per acrea Clay, of Kentucky. The folioxtin was difireace enorely insiUnificant in a na- the substantial puroort of the Bill t coal pont of viexv, aed in comparison It revived and couitinn d for ixvo years with the other considerations itivoived in the prebmptiou act of 1830, in fax ni ot this question. It was argued that the in every actual settler of the public lands significance of this difference was not who xv s in posacesion 00 01 h)ef,,te the c used by any oheration of the prebmp- firstof December, 1837, audcultivatedany tioti system; for it xvius not till the year p art thereof in that year,with the fol- 1830 that the first general prebmution lowing conditions: that xvhere more than law xvas passed; xvhereas in 1822 the one person may have settled upon and sales amounted to hut three cents more cultivated any one qetarter-section, each than the minimum price, in 1523 the ex- should have an equal interest in that cess xvas only five cents, in 1824 four quarter-section, tint sitould have no claim cents, and in 1828 and 1829 only one by virtue of this act, to any other land cent. It was contended that, instead of (tItus excludin~ floats); that it should not the Treasury sutifering from the prehmp extend to lands to xvhich the Indian title tion system, on the contraly, fiom the en has not been extincuished nor to any couragement xvhicht it afforded to this pro- land specially occitpied or reserved for gress of westward settleluent, it enhanced toxvn lots, or otbor purposes hy authority the value of all adjttcent and suiroundin g of the U. S.; nor aff ct any of the selec- lands, causin0 them to seil helter and tions of puithic lands for the purposes of faster thuait thiey otherwise would rio. In education, the use of salt strings, or for confirmation of xvhich, it xvas shewn by any other purpose which may have been official documents. Ihat the av r a~e price or may be made by atty State, under ex- for which the public abtis have been acId isting laxvs of the U. S. since the date of the pretmpticn law of The leadi,i~ arguments by which the 1830 has been greater thiad it xvas for Bill was sustained xvere as folloxvs: several years previous to the passage of The aoile object and operation of the that, end that the average quantity VOl. IV. )(~ [March, 13S Congressional History. The & nate. of lands annually sold, and the amount was at the time a member, it was regard- of money paid into the Treasury there- ed as no party question, nor as a merts for, has been increased since the passa~e temporary measure; but that he, in com of that law more than three hundrcd per mon, he believed, with most other mem cent. over the average annual amount of hers, looked upon it as an experiment of previous sales. And moreover, it was a new principle of policy to be introduced urged, the magnitude of the question was into our land system. That he was very vastly overrated by those who opposed well satisfied with its results thus far, and the Bill, and who would deny the ri~ht was aiixious to perpetuate it, as a mea- of preemption to the many thousands of sure not only equitable in its spirit, but meritorious settlers, the security of whose also highly advantageous to the poorer well and hardly earned homes depeuded classes of our citizens in all parts of the now on this Bill; for while the gross Union, and as eminently democratic in amount of sales of the public lands which its character and influence; and that ho had takesti pkice from 1823 to 1837 inclu- should always be prepared with pleasure ive,. was nearly sixty millions of acres, to vote for new pre~mption laws, as of- t,he quantity sold to pre6~nptioners was ten as they should be called for, by the little over two millions and a quarter. It natural spreading of our population west- was contended that it was the true policy ward.. of our Government to encourage the settle- Mr. Clay, of Kentucky, was very se- snent of the We ; and it was rapidly vere and earnest in his uncompromising filling in with a population of the most opposition to the measure in every shape~ saluable char~ v, aanlcultural, and. He denounced in terms entirely unmea- soundly republicanevery man so dis- sured the class of men for whose benefit posed being able, with a little enterprise the Bill was desi ned; characterizing and the hardy labor of his own hands, them as a lawless rabble of intrudersT to secure for himself an independent and who had no more riaht thus to rush upon comfortable home; the preemption system and seize the public domain than to piun- extending to the poor man the principal der our arsenals, or public property of any benefit of creditfor the acquisition of a description; that as a class, (not~vith home, to be made available to him only standin~ many exceptions, to which hi~ by industry and. frugalitywithout any lan,,uage was not intended to apply, )v of its evils, they were entitled to no consideration at It should here be mentioned, that all our hands; he ridiculed the idea of the the speakers- ~vho advocated the Bill did moral sense~ of these club law men, not go the same length with the western and was in favor of the strict enforce- meusbers in support of the general policy meat of the laws a ~, ainat intrusion and of prnlmption, tho from the Atlantic trespass, and of their removal by force States generally resting their support of from the lands which they assumed to it mainly on the ground of the practical hold, without any color of legal or equi- necessity arising out of the existing state table right. He considered that the prnlmp of things-so many thousands in actual tion policy had cost us a large pecuniary occupation of lands entered upon L cx- sacrifice. It had given rise to innumera- pectation of a continuance of the pre- ble frauds and malpractices. A corrupt ~m-ption- policy begun by the act of 1830,. spirit of speculation, rather than of hun- and renewed and extended by those of eat and hardy industry, was the stimulus 3~2 and 34. There was an implied faith of the pre& mption system, most of those which the Government ought not to who have aciquired their lands under it break, even if it were possible to remove bein~ afterwards found to sell them at an by any civil or military force this vast advance, and again remove farther west-- body from- their lands and homes, as in- ward, to repeat the same process of select- truderswhich plainly was not and nev- in5 and seizi a5 the best lands. He con er could be-the case;- while the very attempt sidered that the abuses of the system so to do it would shock the moral sense of far outweighed in number and importance the whole community. As the Bill was those instances in which it might operate on the whole understood as an Adminis- to the legitimate benefit of honest indu~ tration measure, it may be proper to spe~ try, that it ought to be sternly frowned cify that this was particularly the ground upon by the Government, and abolished on which it was supported- by Mr. Web- altogether. ster, whose support of it appeared to be The character of the population thue peculiarly annoying to- Mr. Clay. The severely denounce and sti5matized by speech of Mr. Hubbard, of New Hamp- Mr. Clay, did not lack numerous and shire, however, took very strong ground zealous defenders, in most of the western in favor of the policy of the preemption Senators who mingled in the debate.- system as a permanent one; adverting to This old charge of extensive preemption the fact that on the passage of the first frauds was repelled with indignation. It ~eneral predmption bill in 1830, in the was insisted that they were and had been ~ou~~of Representatives, of whicl~ he grossly exaggerated; that there were prob 1839.] The Public Lands. The Pre~rnptior& Bill. 139 ably fewer than arise out of almost any portance and danger to the tranquillity other law, which designing men may and harmony of the confederacy. have an interest to evade or pervert; that An amendment to the Bill was introduc.. the system had worked well, and had edbyMr.White,theChairman ftheCom~ been on the whole vigilantly and well mittee on indian Affairs, to exclude from administered. Preemption affidavits, it its benefit any settlement or improve- was said, had not yet become proverbial ment made before the extinguishment of like custom-house oaths. It was insisted the Indian title to the land on which such that the malpractices that miaht have cx- settlement or improvement was made.0 isted to a limited extent under the pre~mp- And in support of it he expatiated freely tion law, were light in comparison with and forcibly on the numerous and gross those practised by the speculators from impositions practised upon the Indians, whom the Bill was intended to protect by encroachments~ on their lands, chiefly the ri~ hts of the act al settler. That it through .the fraudulent substitution of one was in a great dearee to the combinations Indian for another, whom the former is of these speculators at the public sales, made to personate, in being made to appear that the low prices of the lands, above before the certifyin~ officers, to dispose of which they were never permitted to rise, valuable resei-tTatiofls often for a mere were to be attributed; and that very griev- sonatoaether with extensive corruption ous oppressions and virtual frauds were and neglect by the certifyin,, agents them- practised by them upon the poor settlers, selves. The characters of these officers, such as compellin,, men to pay a tribute as a body, were defended by Mr. King, to save the farms on which they had set- of Alabama, who said that, having taken tIed bythe threat ofoverbiddin,, forthem at great pains to inform himselg he was sa- the public sales; and after buying in from tisfied that, with one or two exceptions that the Government, at the prices dictated by had occurred, difficult as their office was the power of their own combinations, im- in ade by the fraudulent contrivances of mediately thereafter reselling the same the persons coming before theta, they were lands at auction to private individuals entitl to the credit of being vigilan~ or actual settlers at enormously advanced faithful and efficient public officers. The prices. High euloginms were pasted up- practice of encroachment on Indian lands on the general character of this popula- was certainly bad, as a general rule, yet tion, as bein,, as honest, indnstrious, hot- if strictly enforced it would exclude many pitable, peaceable and law-abiding a pop- meritorious claims, where Indians boat ulation as was to be found in any portion fide sold their reservations for fair value, of the Union; this bein~ for the most and invited white settlers among them. part the testimony of those who spoke Mr. Whites amendment w~ s adopted by from long and intimate acquaintance a vote of 36 to 10. (See table of Yeas and with the country and the class of men Nays, No. 6.) referred to. An amendment was also introduced by The bill was opposed by Mr. Calhoun, Mr. Crittenden, requiring, to entitle the though it is proper to state that he did it settler to the benefit of the pret~mptioa, only on the ground of the necessity which the cultivation of at least one acre in was daily becoming more uracat, of chana- cor , and continued vesidence and culti ing entirely our land system, and that it vatinit to this time ; which he afterwards was wron,,, to waste the action of Con- modified so as to include w at, cotton, gress on these imperfect half-measures. potatoes or au~ar canes. This was re.. He was friendly to the class of men re- sisted by some of the friends of the Bill, ferred to, though disposed to yield some who regarded settlement, and the erection credit to the representations made against of a dwelling, as sufficient; it was how- them; and on the naked merits of thebill ever supported by others, who were ani- itself ~vould gladly give them its benefits, ious to define the settlement contemplated to which he considered the hardy and in the Bill so attn guard against the prac- enterprising pioneers of civilization well tice, which ~vas alleged to be so frequent, entitled. But this was bat the perpetisa- of fictitious settlements, without any real tion of the system which he thought a bad view to permanency of abode, for the sole one, and which ought to be radically purpose of etting possession of the choice changed. His plan he had brou~ht for- selections of public land. After consider- ward last year, and he referred to it in il- able and animated discussion the amend- lustration of his general views of the sub- meat finally prevailed by a vote of 26 to ject. The Western interest in Con~ress 21. (See table of Yeas and Nays No. was growin,,, very rapidly, already pot- 7.) It xvas, however, afterwards again sessing eighteen or twenty representatives stricken out before the engrossment of the on that floor; and it was urgently neces- Bill, and a substitute inserted on motion sary to settle without delay this most em- of Mr. Young, requiring that the settler barrassing subject of the public domain, should be a householder of t.wenty-one or which was every year increasing in sin- more years of age, and an actual resident 140 Congressional History. The Senate. [March, on the land for which pre~rnption should shewn to be no bounty by the fact that the be claimed. auction system was never able to produce An amendment was twice ineffectually prices in aterially hi~ her than the minimum propos-d by Mr Smth, of Indiana, to level of a dollar and a quarter per acre, exclude from the operation of the Bill the which the pre& motioner still had to pay. lands recently pnrehae~d from the Mi- The amendment was lost by the vote of amis, in the interior of the State of mdi- Yeas 15, Nays 28. (Sce Table of Yeas ana. The treaty by which tne Indiati and N mys No 8.) title was extint~uished was not made cwn- An nnendm nt was alco irtroduced by plete by its final ratifl.:atiun till tIme tweitty i\lr (A my of Kenturky, to prohibit strict second of December, 1837, while the o~e- ly any orthem settlenment on the public ration of the BAI referred to time first of laida subaequently to the day to which that month. The lands were represented the opi omit of this Bill was to extend, as very valuable, and overrun be settlers the fist of Dem ember, 1837, and to require who had occupied them in amiticipation of the Pmcstdettt to remove any such settlers the extinctio of th Indimn title, to secure iii bebalf of which amnendimment he invoked the hen fit of pmeemeton The object of time b n fit of tIme views expressed mm the Mr a mm di was t pours those same last Messe of the President himself. landa fem mb bemmefi o il State, in aid The amendment was, hmnwever, lost, by om It m sx st mu ol tnt inch mm iprovements. the vote of Yeas 17, Nays ~27. (See Ta- It was omens d by Mm Pytomi, his cml- IA of Ye a amid Nays, No. 9.) lea~ue who x~ o~ id mot vom tor the special Aim trieff etual attempt was also made cx liamon o~ his own comistituents front tIme hmy Mr Pmenttss, to amend the Bill so as pmmvmh es of the Bill tuon h he was of to r~qumme the predmptioner to pay, in ad- op nton th it tn ~ pm emptmomis wets cut dimeomi to tIme statute immimmitmium price, at off by the amendametit adopted on ismotion least half of tIme real value of tIme land of Mr. White, as memitiomi ed abovea above that price, not including improve- questin m on which, however, some legal ments; mu be ascertained by three judi doubts might arise, sinus and disinterested appraisers appoint- Mr. Merrick ititroduced an amendment ed by time reoister of the hand office in the to exelude foreigmrers, not citizens of the district ~vltere the laud is situated. It United States, from the benefits of the bill; was host by a vote of Yeas 10, Nays 27. insisting that, it was a bounty on the part And the Bill was then fimmally engrossed of the Guy rument., and that it ought not for a third retmdimt~ by the vote of Yeas to he extnded to any others than Amen- 21;, Nays 12. (See Table of Yeas and can , mvhn, if this amemeudment Naya No. 10 ) should not he adopted, would find themem- I he Bill returned from the House of selv scm ivded out of these v;mluable choice Pepies ut itives with certain amendments, lands alomig our XVestern frotitier by the whim h v. ill be stated iii the notice to be hordes of foreign paupers which were given below of the passa~e of the Bill pouted from time work-houses ated prisons thmimmo Ii the leter body. These amend- of Europe out our shores. Mr. Clay, of mnts were concurred in with a sin~le cx- Kcntueky, was the only other Semmatmr i eption which will be mentioned hereafter that sustaitued this amnemtdtnent; while it itt tIme proper place. ~v ma warmly protested against, as equally ilhiheral in spirit, and at variance with 2. The Grredaation Bill. the past policy of time country, by Messrs. This bill was taken up on the twenty- Walker, Noivell, Benton Clay, of Ala- ninth of March, Mr. Clay, of Alabama, banma, and Buchanan; by whom high takin~ tIme lead in tIme debate in its favor. compliments were paid to the value of tIme It wems laid out the table at tIme request of emigrmmnt population from abroad which Mr. Clay. oh Kutucky, frur a brief delay, the oppresive institutiomis of Etirope are amid weus resuiuumed on Monday, A pril imioth, semiding to aid in flllin~ up our Vmist unex- nit which day, and on the Wednesday, plored wilds of territory; as well as to Thiutraday, amid Friday succeeding, it re- the services rendered to us by fureign~rs ceived an earnest discussion. in our war of Independence. Though a TIme Bill out which time discussion was small portion of then-n remnamnmn mi our had was mint tIme Bill reported by the Corn- sea-board cities might be seen sinkin~ into mitte on Public Lands, but a substitute the dearadation naturally imucident to the offered as an amendment, by Mr Grundy, crowded pauper population of larae cities, on Monday, April nimith. Both ~vere yet the great bulk of them were of a very fun uded on the same general principle of different order, as the simple fact of hay- reduction and gradumution, diffring only in penetrated through the whole breadth in the detail of the mode of carrying it of our country to its Western confines in into eff-et. The Committee had proposed quest of a hone to be made available only to coumbine, with the measure of the time by hardy labor, sufficiently proved in re- duriuma which lands should remain in the gard to all who could ever claim the bene- market unsold, as an indicatina of inferi- Am of a preemption ;which after all was or value, the policy of inspection~ and di. 1839.] The Public Lands.The Graduation Diii. 141 ascertainment of the respective values of would be induced by the insignificant dif- land by reference to location, and to the ference of twenty-five cents per acre, to field-notes of the surveyin~ parties, attest- postpone a purchase for five years, leaving ed by oath. It also carried the reduction the tracts he might feel desirous of pus- down as low as 25 cents. Mr. Grundys sessin~ to the risk of bein~ taken uphy substitute adopted the measure of time other purchasers. To the other objection alone, rejecting the other, as complicated, made by Mr. Niles to the shortness of the expensive, and even liable to corrupt abuse. proposed term of five years, it was urged It ~vas after a brief conversation adopted in reply, that no sales took place to any as a substitute by the general consent of considerable certainty until settlement, the friends of the measurethe members and that population always preceded the of the Committee themselves assentin~. surveys, as it would be impossible, with- The following was its substance, (after out military force, which never had been having been modfied by Mr. Grundy On and never could be used in such service, a su sequen tday:) to keep the settlers from the fresh lands. That hoot and after the thirtieth of Phat thus, already before the lands were September, 1~3~ ill the public lends cc- brought into market, they were generally rnainin ~ un sold after having been offered pretty thoroughly picked and culled; and at private sale br I )o l)~i acre, (the same the fact that lands should remain for five having been on e oft tod at puilic sale) years unsold, in districts thus populated, for fee ye~u saab be subject to entry at with all the advantage of contiguous set- ~l,00 per acie that all lands which have tlement to enhance their value, was an been thus in th neciket toi tea years, shall abundant evidence of inferiority of value. be.for the space of twelxe maths subject For example in the county of Jackson, to entry at 1,00 per acre, and after that Alabama, the lands were brona ht into period at io cents; and all lands which market eight years ago, and there were haveb aen thus in the market for fifteen then two thousand voters in the county, or years, shall be subject to entry at $100 fifteen hundred famili 5; many of whom for the period of twelve aionthsat 75 took prebmption rights, and many bought cents thereafter for a second period of at the public auction which was held, after twelve mouthsand after thset time at 50 which the remainin~ lands were open to cents, per acre. private entry 4 the statute price. So Mr. Niles moved to amend the Bill by there were three counties in the same State, changing the terms of five and ten years, which itight be regarded as new, which referred to in it, to eizht and twelue re- had not been surveyed, already occupied spectively, and by strikin~ out the teird by not less than five hundred families provision respectin~ those lands w[iich each. The preemptions and auction sales have been in the market fi,Ueen years, comkined furnished ample security that which it proposA to reduce after two the Goverum nt could make no sacrifice years, down to the level of fifty cents per in reducine t lie price, as now proposed by acre. the Bill. He was in favor of a reduction of the Mr. Niles was induced by the appeals price of lands truly ascertained, by the test of his Western friends to modify his of time or in any other mode, to be of in- anaendment, from eight to seven years. ferior quality and value; but he thought It was, however, heist by the vote of Yeas the pertod of five veers too short to af- 17, Nays 19. (See Table of Yeas and ford suolt evidence. The quantity in the Nays, No. 11.) That of substituting market hem too great, all the lands really toetee for ten was lost without a division; worth the full minimum price could not and the remaining portioit of his amend- be absorbed witltin theat tinee, whether by ment, to strikmn~ out the last clause of the tlte natural spreadine of settletnent, or by Bill, as above stated, was also lost by the purchases of speculators; who would Yeas 15, Nays 19. This atitendmnent, to only buy up those portions worth neore strike out the last clause, (namely, that than tIme minimum price; and thought by which the reduction was to be brought lar~e quantities might remain unsold after down to fifty cents per acre, fer latids five years, yet it would only be an evi- ~vhtich had been fifteen years in the mar- dence that they were iitferior in value to ket,) was, however, afterwards carried, ths lands actually entered within that pen- before the passage of the Bill, on the mo- od, in preference to them, but not thiat thicy tion of Mr. Hubbard, of New Hamp- were iiot fully worth the statute price of shire, who could not support the Bill a dollar amid a quarter per acre. He also without such an amendment. thought that the slmortuess of tIme period TIte Bill was thins left in its original would immduce many persoits, who would forma, as mihove stated. It was postponed othmerwise buy at the full price, to wait for till tIme followimig Wednesday at the re- the reduction, quest of Mr. Clay, who wished to state It was replied, that there was no founda- his reasons for his entir~ opposition to the tion for the latter objection, as no one Bill, in all its features, to a more full Sc- 142 Congressional History. The Senate. [March, natenot more than two-thirds havina price demanded by Government. But been in their places to vote on the above such had not been the case. The market questions. had been always immensely overstocked, On Wednesday Mr. Clay urged, at beyond the capability of absorption of length, his objections a~ainstthe BilL He the growth of population, rapid as that reminded the Senate that it differed mate- was. From 1820 to 1837 inclusive, a naIl y from the recommendation of the term of eighteen years, the average quan- Presidents Messs~e, which, after bestow- t.ity of land sold was less than three and ing merited commendation on the salutary a half million of acres per annum, while operation of the existin~ land system, re- there was double that quantity thrown commended a ~ra duation, founded on vat- into the market. And deducting the teat ion, presuming it, of course, wisest to quantity of upwards of 32,000,000 of ascertain the value of the subject before acres sold durin~ the extraordinary years undertakin~ to fix its price. But this Bill of 18:35 and 1836, the average quantity proposed at once arbitrarily to reduce the sold each year of the term would fall be price of the public lands, and for this pur- low 2,000,000 of acres. So that the pow- pose to throw them into three classes not er of absorption has been wholly made- upon the basis of value, but solely upon quate to take up the inordinate quantity that of time. of the public domain which the Govern- The quantity of lands upon which it ment has been practically forced, by the was to operate immediately was 71,000,000 ur~ent pressure upon it of the new State3, acres, the proposed reduction in value to brin more and fresher lands into the upon which would be ~38,998,090, beina market. Time was all that was wanted equivalent to a grant of that amount. to effect the sale of the whole. In Ohio, Within the course of ten years, which out of 16,500,000, only 2,000,000 of acres would bring the whole down to the mini- remained unsold; and notwithstanding mum level of fifty cents, the total amount the reduced quantity, sale have been more of reduction in its direct application to active in Ohio, within a few years past, these lands, would be 53,253,051, sub- than in most of the new States. In In- ject however, to a deduction for interme- diana, out of 20,500,000, all has been diate sales. Extendin~ the principle of sold but a quantity less than 4,500,000. reduction to the 240,000,000 acres of pub- In Illinois, not one acre in fifty is poor lie lands, within the existing States and land, and a vast proportion of all the Territories, not yet brou~ht into market lands in the northwestern States are to which there could be no doubt that it among the first soils in the world. would be extended, if once introduced, As for the extremely poor lands, which even if the reduction should not be carried had been spoken of, such as the pine-bar- still lowerthe loss would amount to rens, it would be no benefit to the poor ~i80,000,000, subject to a deduction for man to give them to him for nothin~ the amount which might be sold before and no one is injured by their remaining they should reach the minimum level, unsold. And the public domain exterior to the Another effect of throwing all this land limits of the present States and Territo- into market at reduced rates would be ries, to which the same policy would of that speculators would engross most of course extend itselg was upwards of three the good portions, which they would af- times that quantitybeing estimated at terwards resell to the settler at a large about 750,000,000 acres. profit. It would stimulate speculation, And, moreover, it was argued, thus sod- already too rife in relation to the public denly to bring into market, at a reduced domain. rate, 71,000,000 acres of landa qoanti- Was any new stimulus wanted to ty equal to the formation of two large quicken the growth of the new States I Stateswould injuriously affect the value Certainly not. The last census exhibit- of real estate throughout the Union, de- ed the followin results. The increase preciating it by so sudden a glut of the of our whole population within the pre- market that of real estate being regulated cedin~ ten years had been 32.74 per cent. by the same laws of supply and demand That of the seven new States then ex- that govern all others. This effect would isting had been 85.43 per cent. That of reach every landholder in the United the seventeen old States had been 25.14, States, affectin~ most sensibly lands in and of thirteen of them only 17.28. The States contiguous to those which include average annual increase of the population public lands. The present period of of Illinois, which had grown the most general derangement of the currency and rapidly, had been 181 per cent., thus business of the country, was especially doubling itself in little over five years. inauspicious atid unsuitable for such a And there was no doubt that the census measure. of 1840 would exhibit results equally sur The Bill, it was argued, proceeded up- prising. Now, was it right or reasona- on the erroneous assumption that the lands ble to offer an additional bounty, of this Isave not been sold because not worth the unnecessary reduction of the price of 1839.] The Public Lands. The Graduation Bill. 143 lands, to the population of the old States on the General Government, of which to emigrate to the new? Their growth they so much complain. It cannot be is fast enough now; and a more rapid disguised, said Mr. Calhoun, that the ex- one would not give the hetero~eneous tent of interest involved in the public do- population which fills them up, !rinaina main is too great, and the parties interest- different customs, laws, prejudices and ed too powerful and influential, to permit habits, from the different portions of the the laws which regulate and dispose of Union, the time requisite to amal~amate the public lands to be the subject of fre- and consolidate them in a healthy pro- quent chan,es. We must either entirely cess. chance the system, or adhere rigidly and Of all species of property the value of unswervingly to the laws as they now land ought to be kept stable; and the stand. It was impossible to prevent this public domain is a sacred trust to be ap- mi,,hty stake from hem0 thrown into the plied to the common interest of all the party struggles of the day, and from States and all the people. We ought to havin.., a most pernicious effect on our stand fast by the old land system which potitics. And until the subject should has worked so well. If we once begin come up of making the cession of tho the process of reduction, there will be no public domain to the new States, on equi- arresting it. It will connect itselfof course table and mutually satisfactory terms~ with politics; and must result in the sa- for which purpose he had introduced a crifice of the common property of all the bill into the Senate, he was opposed to States and the whole people, by abandon- any material change in the land laws, as ing the whole at a nominal pricethe they now stood. consummation which some gentlemen, The Bill was also opposed by Mr. said Mr. Clay, ~vere bold enough to Crittenden. It was advocated chiefly by avow openly thus early in the pro0ress. Messrs. Benton, Clay, of Alabama, and The Bill was also opposed by Mr. Walker. It was urged that it was ab- Buchanan; who said that, stron0 as his surd to continue at one uniform price prepossessions had always been in favor lands varying so widely in intrinsic va- of the honest and industrious settler, who lue. The fofiowing were some of the sta- carried forward the progress of civiliza- tistical illustrations brought to bear upon tion into the wilderness, and much as he this point. Of the seventy-one millions desired to agree with his Western friends of acres which appeared by the Report of on this subject, he could not support this the Commissioner of the Land Office at Bill. It held out a great encouragement the Extra Session, to remain then unsold~ to speculation, and would, he thought, be after having been offered at auction, and 1ollo~ved by the absorption of immense been open to private entry for five years quantities of the public domain at the and upwardsmore than fourteen mil~ reduced prices by large monopolists. It lions of acres have been in m. rket up~ would retard settlement instead of pro- wards of twenty, much of it twenty-five moting it, by holding out premium to the or thirty, and some of it even as much as settler to delay. He was willin0 to make forty years. About twenty-two millions any reasonable reduction and graduation have been in market between fifteen and in favor of actual settlers for a limited twenty years; sixteen millions between period, at the expiration of which it ten and fifteen, and about eighteen mil should rise again to its former standard. lions five hundred thousand between five He also coincided in the objection which and ten. It is upon the Southwestern was urged by Mr. Calhoun against the States and Florida, thatthe present system Bill; that the time had arrived at which of a fixed uniform price operates most in- some plan should be devised, by which juriously,tiiere being in tl~em every va- the just rights of the old States in the riety of soil, from the most fertile and va public lands should be secured, and at the luable to the most sterile and worthless. same time the management and sale of In Alabama twenty-nine millions of them be entrusted to the new States re- acres have been offered for sale, and only spectively within whose limits they were ten millions sold; in Mississippi twenty ~mtuated. It would be most desirable to millions offered and nine millions sold, free the General Government from the (exclusive of the Cliickasaw country) power and patronage of the present ex- in Louisiana six millions offered and only tended land system, and transfer it to the two millions sold; in Arkansas twelve States, allowing them a liberal percent- millions five hundred thousand offered age on the sales, to indemnify them for and only two millions sold; in Missouri their expense and trouble. Their pecu- twenty-one millions offered and only five niary interest would then harmonize with millions five hundred thousand sold; and that of the people of the old States and in Florida of six millions offered, only so much would not be heard upon the six hundred and ei0hty-three thousand subject of reducing the price of the pub- three huiidred and twenty-four have been lie land; besides which, it would~relieve sold. It was argued thht in sections of them from that condition of depend...mmce die country possessed of such attractive 144 Congressional History. The Senate. [March, agricultural advanta~es Ii, with the ex- acres would sell for enough to average caption of Nlissouri, prndu in cotton, hiilf the pies nt niiniinun, say sixty-two and sonic the so ~ir caie\vhere lands and a hilf cents per acre, or the aggre~ate are sou ht with great eatern~ssthat sun of ~31,~50,000 the interest on which such large proportions of the whole re- in shout eighteen years would make it mainin~ unsold ou ~ht to he re~arded as ecioci to the price d maiid A by the ex conclusive evidaiice of inferiority ofealuc. isting law. Some ot it nii ot be sold iii On the whok thes~ may be re ard~d as less tint but a ~reat prooortion, it was in possessing eqoal advanta~es except in sisted ot these 50,000,000 acres which it fertility with the portions sold hnmm~ dis is hema suppos d might now be sold at peised throuThout the old -is well as the souP price will not sell at ~1,25 per acre xci s~ttlein-mts ai)d cons qu utly ~ene within tmmiity oi forty years. In addition rally equnlly healtoy equally onvenvmit to which consideration, an early sale at to trad niad poss~ssmn eqoal facilities of hdfth pies mit mmnimumbesidiis being, trinsportatmuim. Lii ~ it W as i pc ted as thus iiewn entirely consistent svitls by th~ re~msVrs and ieceiveis of tli 1 uid th lie unmam y mt rest of the Government, offi as t i it of amou s~venty toni millions and filln~ in the country now left too of acres th ~n suhj-ct to entry, shout span ly spi ukled with population twenty-eight millions, more then oae-t/nicd, would con vei I rren wastes into more were umefit foe celticmetioieand yet the or leSs produ tive fi Ids. and thus add unifornity of prices presupposes that all 5reatly to the neral resoucces and pros- lands must at least be worth a certain periry of the inountry at lar~e. fixed sun. All the best lands it was To the ar umnin nt that if the lands are said, were soon taken up, either hy settlers but kept in nine ket they will eventually or speitulsiorstha 5raater proportion of brini the full price, it was reimlied that them by tIme latter; amid the poor man, so h would tim point of fact never be the whemi unwillin5 to tr~ival on indefinitely case a laree proportion being mntrinsi- westward was compelled to buy of them cally of very inferior value, the ramatims at a hi wr pm ice, because the puhlic lamids of time pickings anmi cullings of various open to him w me not worth the fixed price periods, up to a century amid a quarter; at which alumina he was permitted to enter while the actual value of the land, at sim th~m Ther~sultoftlie systemofauctiomin plc interest, is sunk every sixteemin years, saLs and pimvat entties, liavin~ averaged aumnl the State imijuied for wamit of them. only on duller twenty-seven cents and The measure was due, it was insisted, foui fifths p r acre, had, it wii5 argued, to the new States. The sale of these establish d th statute price as the atari- public lands was necessary to complete mann and mmot t me maimeimmcmnet stamuderd of their soverei~nty withium their own limits. vtulue to the public 1 muds and it was ab- They pay no tax ; contnihmute nothing to surd to expect any oth m I minds than the the support of time State Governments; arid best, and those a hmproviumatin~ mu the best, are desert barriers between settlements. to be sold at all, at least for a very lon~ Every reason which required the extine- period of years, at that price while such tion of the Indian title within the States vast tracts stretch d wests~ ard, of which required mulso the extinction of the Fader the best qualities could not its above it. al title. Mr. Bentinan n-maimmtained that it It was ur d that the Gov~rn-mment omieht would i-me trmue wisdom em the Government to have more re% aid to r- ~t onjecte of mae- to make even- a donation to every cultiva tional policy in promotinn the s nthemeumt tor mf as much as would n-make him a res- and prosperity of the West which react- sonin uble fun -mmmd passed a Imigheulogium ed with an equal hen fit o m that of iii cold upon menmenilture tuinad the great agniculto States, than to petty considerations of the ral inntemest which, he said, thocughin the amount of mon-y to be dinawina from the intamn stuenetli mud wealth of tIme country, public domain. Besides it was contatad- am-md ti-me yst and soumindest purtiuma of the ed that a redo-tion of dine pm a of the in- pondation sv as tIme least regarded by fenior and refuse puhilic lands was nut legisi stion uvula it levoned itself wholly only d~manded h-my justice to tIme people of to tIme task of cimenishmin~ and favorin~ the new States, but also h-my expediency in tlos aitificial interests whimch build them- referemice no the intemests of ti-me Govern- selves up on the broad substratum of the ment itself. At the present minimum agricuitnural. very little of the land now subject to en- It wi-us denied that time graduated reduc- try will sell for many years, and much of tion of price was a chan e of systenm in it never will. It is better, eveina as megards the adim-ministration of the public lands. time an-mount to be reinceived, to sell at half The sysfean does nut consist in the price, the price established by law, than to keep but in the or~anizau.ion and general ma- it nina hand for ei~hteen or twenty years. chinery, which remained all unchanged. Of the 71OhItO,0DJ acres which have been The reduction of price of lSdO had been offered without selhim fur five years, amid a ~rester one than ti-mat proposed in the upwards, and intended to be reached by present Billwlsiuch it was ia 5retted by this Bill, it is probable that 50~000~0Q0 western Senators did not go far enough. [vo Ba CONTINUED.] 1839.] The Public Lands.The Taxation Bill. 145 (CONTiNUED FROM TIlE HISTORICAL REGISTER, MARCh, 1839, voL. 5, ~. 144.) (Continuation of The Graduation Bill.) exemptiom from taxation for five years, it would discourage the sale of public lands It was said that it was not alone for That the recent mania of land specu- the poor, who at the reduced prices mi ht lation, having now subsided, the motive hecome independent freeholders, that the which miaht otherwise have existed, for Bill was desIgned; but for the present the purpose of checking speculation, had landholder also, who would, in thousands no longer any force; and that these period- of cases, wish to acquire continuous lands, ical fevers would remedy themselves. thou~h not worth the statute price, for It was chiefly, however, on the general wood, water, stone outlet, to round off ground of deprecation of every attempt to his farm, or keep off a bad nei~hbour. disturb the existin~ land system, that Mr. And to the argument of its affecun~ the Clay opposed the bill; introducing the value of real estate in the old States, it subject of pre6mption, in connection with was answered, that the price of good land it, and anticipahing some of the arguments would never be affected by the pAce of in relation to that subject which have bad; and Mr. Benton declared that it been noticed above. would have no more effect on the price of In favor of the bill it was urged: land in the Atlantic States, than the cast- That it was calculated not to deter or in- lug of a pea into the Atlantic Ocean upon jure the settler but to repress the monopo- the tranquillity of the Gulf of Tonquin. lizina operations of the speculalor, by That the Bill operated only on tile refuse, placing it in the power of the States to and it did not bring that as low as the price discourage that kind of speculation, with- of such refuse now iS in every State of in their respective limits, when it might the Union; for in every State are to be seem proper to them to do so. That the found large quantitiesin some States law exempting from State taxation had tens of millions of acreswhich can be grown out of the former credit system, purchased at prices ranging downward under which the final payments, in the from a dollar to a shillina an acre, and purchase of public land, were not made millions that cannot be sold at any price, till the expiration of five years; that if Au amendment was introduced by Mr. these credit purchases had been left sub- Tipton. to limit the quantity of land ject to taxation, the reversionary interest whi I, might be entered at the reduced of the United States might have been for- prices und~er the provisions of the bill, to feited by the sale of the lands for unpaid one quarter-section; which was extended, taxes; but that under the present cash on motion of Mr. Walker, to one secuon. system, no motive of good policy existed, It was adopted by the vote of yeas 23, to do the new States the wrong of exclu- i~ays 14, (see Table of Yeas and Nays, ding them from that equality of rights No. 12); and the final vote on the pas- with the old States guaranteed them by sa~eof the bill (April 13th) s ood, yeas the Constitution, by notpermittin~themto 27, nays 16, (see Table of Yeas and tax all the lands within their limits, by Nays, No. 13). It did not, however, whomsoever held. And that the States pass the House of Representatives, and of Michigan and Arkansas having this therefore did not become a law. privilege by the terms of their admission to the Union, the rest ought to be placed 3. The Taxation Bill, on a level with them. Tile bill was pas- sed by the vote of yeas 35, nays 4, Though here noticeil as the third in or- Messrs. Brown, Clay, of Kentucky, der of importance, the bill to allow the Clayton, Southard). This hill also fail- States to tax (befo.e the expiration of the ed, in the other House, to become a law. five years heretofore reserved) the public land sold within their limits, was the Various other bills passed the Senate first of the bills relating to the public lands in relation to the public lands, hut chiefly acted upon by the Senate. It was intro- of a private or partial nature, which it duc.d from the committee on the 7th is not important here to detail. The only December, and taken up, debated, and two of a public character which it may passed on the 27th. Its principal oppo- he worth ~vhile to mention were the bill nent was Mr. Clay, of Kentucky: who authorizing the relinquishment of the 16th denounced it as a derangement of that section of every township as now granted system existiu - , which he was averse to for the use of schools, and the entry of touchin _ at all as a part of the general other lands in lieu thereof; and the bill scheic of despoilin~ the eneral govern- granted a right of way through the pub- meat of the public domain. Its chief sup- lie lands to States and incorporated coin- p orVrs were, Messrs. Clay, of Alabama, panies engaged in the construction of Walker, Norvell and Buchanan. roads and canalsboth of which, like- It was objected to it, that by deprivin0 ~vise, however, failed in the House of the purchaser of this p ivilene or premium, Representatives. VOL. IV. N* 146 Congressional History. The Senate. [April, 4. Bill to cede the Public Lands. hooks and documents, relative to the lands, This view of the action of the Senate would be transferred to the Executives of at the present session on the subject of the respective States. the Public Lands, would not be complete without some notice of Mr. Calhouns THE CURRENCY AND TilE PUBLIC REVENUE5. bill to cede the public lands to the States For the purpose of presenting more dis- within whose limits they lie on certnin tinctly to the eye of the reader a condens- conditions. It was reported back by the ed general view of the history of the ac- Committee on Public Lands, to which it non of the Senate, bearin,, upon the gene- was referred, without amendment; but no ral subject embraced in the above title, action was had upon it by the Senate. it we select and bring together into one ,,roup being, when reached in its turn on the all the different hills, of any prominent calendar,laid on the table without a divi- importance, acted upon at different periods sion or debate, on motion of Mr. Nor- of the session; arranging them simply in yell, the order of chronology relatively to each In the course, however, of the debates other, though of course without reference on the other bills already noticed, Mr. to the great number of other bills, upon Calhoun took occasion to express strongly miscellaneous subjects, which were within his conviction of tiae necessity of soon the same time before the Senate, in the adopting the policy of this bill, as the on- intervals between these several measures, ly escape from the great evils growing, and sometimes simultaneously with them, with increasing danger and injurious according to the slow and intricate forms influence, out of this general subject of of legislation. It is believed that, for the the public lands. It is deemed, therefore purposes of a history ofthiskind, this form, of sufficient importance to require in this ofthe methodical grouping of kindred sub- place a brief statement of its substance, jectsin preference to the mere naked which was as follows: ?rder of chronology, which should present It provided that all the public lands in unconnected succession the promiscuous within the limits of die States of Alaba- variety of subjects of the parliameniary ma, Mississippi, Louisiana, Arkansas, action of the body, according simply to Missouri, Illinois, Indiana, Ohio and Mi- their successive dates on the Journalis chigan, with the exception of the sites of not only the best, but the only practicable fortifications, & c., be ceded to the States form of narrative that could be adopted. respectively on these conditions On this principle we will present the First, one half of the gross proceeds different measures, [the record of which, of all sales to be annually paid to the in their ag~regate, will constitute the his- United States. Secondly, the present tory of the action of the Senate on the gene- minimum price to remain unchanged un- ral subject indicated by the above general til January 1,1842; after which a gradual title, in the following order: reduction of price to take place, according 1. The Independent Treasury Bill. to the time that lands shall remain unsold 2. The Resurrection Note Bill. in the market, the reduction beginning at ~ rhe Bill for the sale of the U. S. ten years from the time of exposure at Bank Bonds. public sale; and after thirty-five years 4. The Treasury Note Bill. exposure in market the lands to be ceded 6. Mr. Clays Finance Resolution. to the States absolutely, as refuse. Third- 5. Mr. Clays National Bank project. ly, the present system of public and 7. Modification of the Deposite Act. private entry, for cash alone, sle 8. The Bank and Currency in the Dis- with the legal subdivisions as now provided for trict of Columbia. by law, with reservation for each town- ahip of the sixteenth section for educa- THE INDEPENDENT TREASURY aiLL. tion, to be continued. Fourthly, the one This bill, at this, as at the Extra Session, half of the gross proceeds to be in full of of course the leadin,, measure of the ad- the five per cent. fund, or any part there- ministration, was introduced by the Coin- of, not already accrued to any State; and mittee on Finance on the 6th January. the States to be exclusively liable for all It was taken up on the 31st inst. (Wed- future expenses of survey, sale, manage- nesday) as the special order, after an in- ment and extinguishment of Indian titles. effectual attempt by its opponents to The unsold lands in Tennessee, accord- postpone it, the debate on it bein~ opened ing to the Bill, with the exception of the by a long speech by the Chairman of the public sites, & c., were to be ceded at once committee, Mr. Wright. to the State unconditionally. The form in which the measure was After the consummation of which great presented, was that of a bill to impose measure, according to Mr. Calhouns plan, additional duties upon public officers as de- the land offices would be closed, includ- positories in certain cases. The bill,whicl~ ing the surveying department; the com- was a very long one, consisting of twen- missions of all officers connected therewith ty-nine sectins, provided for the creation would expire; and all maps, titles, records, of four Receivers General, for the four urn- 1839.] The Independent Treasury Bill. 147 portant points, of Boston, ~Nexv York, These, then, were the two propositions Charleston and St. Louis; and constituted before the Senate. The debate upon them as depositories of the public moneys res- extended through nearly two months, the pectively collected by them., all collectors, subject having been continued from day receivers and post-masters, together with to day as the special order (with occasion- the Treasurer of the Uaited States, and al slight interruptions for a single day) the Treasurer of the Mint and its branch- until the 26th of March, on which day the es. It was very elaborate in its provision final vote on the passa~,e of the bill was of various efficient checks upon these of- taken. The debate was marked with no llcers, which it is unnecessary here to less ability than that of the Extra Session; detail; among which, it declared any at- to which the reader is referred fbr an ab- tempt to convert to private use, by loan stract of the main points of ar,,ument or investment, or in any other mode, any made on the opposite sides, which it is portion of the public money, to be an unnecessary here to retrace. The speeches embezzlement, punishable by fine equal to were generally long and elaborate, and the amount so embezzled, and by impri- were generally delivered alternately by sonment from two to five years. it pre- the friends and opponents of the measure. scribed (section 23d) the gradual introduc- The following were the Senators who tion of specie as the only medium of participated in the debate, in the order in payment to be received and disbursed by which they successively spoke: lie favor the government, at the rate of an addition- of the bill, Messrs. Wright, Hulbard, al one-sixth every year, (on motion of Niles, Smith, of Conn., Calhoun, Allen, Mr. Kin~, (extended afterwards one year Brown, Strange, Norvell, Morris, Benton by delaying till 31st December 1839, in- and Wall: In opposition to it, Messrs. stead 1838, the commencement of this Rives, Smith, of Indiana, Tipton, Clay, gradual process) ; so that from the 31st of Kentucky, Crittenden, Davis, Merrick, December, 1843, gold and silver only, or Preston, Bayard, Webster, Robbins and paper issued under the authority of the Southard. Mr. Calhoun, indeed, who United States, should be receivable by was severely goaded from the opposite law in payment of public dues. It also side during the course of the debate, made it the duty of the Secretary of the spoke several times, at a great length, and Treasury to make suitable regulations to with couch earnestness; and in fact his enforce the speedy presentation of go- direct encounters with Mr. Clay and with vernment drafts at the places where pay- Mr. Webster will long be referred to by able, the time allowed being proportioned those who had the good fortune to be pre- to the distance. One of its sections (21st) sent, as among the most splendid displays also provided, that whenever the revenue of intellectual gladiatorship which the on hand should rise above four millions of parhiamenrary arena has ever witnessed. dollars, the surplus should be invested by In those ~ battles of the giants it is not the Secretary of the Treasury in safe for us to assi0n the palm of victory. It State stocks, with certain restrictions, for is sufficient to remark that the friends of the purpose of preventin~ undue accumu- both parties in general appeared to agree lation, which stocks should be sold again, as unanimously in their admiration of the in the necessary quantity, whenever ren- efforts and conduct put forth on both dared necessary by the amount on hand sides, as they differed in their judgment sinking considerably below that average as to which was to be considered as ha- Jevel. This last mentioned section (intro- ving borne off the advantage of argu- duced by the committee only to obviate ment, power and eloquence. certain popular objections against the ge- It ought not to be here omitted to mention neral measure) was, however, on the next that Messrs. Buchanan and Grundy were day stricken out on motion of Mr. Cal. both restricted from obeying their person- houn, (Yeas 24, Nays 13). The salaries al wishes and opinions in favor of the of the Receivers General were fixed at bill, by instructions from the Legislatures $3,000 per annum for New York, and of their respective States. Under the ob- $2,500 for each of the other three cities, ligation of which, Mr. Buchanan moved Mr. Rives introduced a substitute, as (March 6th,) the postponement of the an amendment, redetablishing and reor- whole subject till the next session of Con- ganizing the deposite bank system, with gress, which was, however, negatived by twenty-five deposite banks, to be selected the vote of, yeas 23, nays 29, (see Table of by the Executive with the approval of Yeas and Nays, No. 14.) This motion Congress, and not to be discontinued as was at a later period, just before the final depositories without it. With respect to passage of the bill, renewed by his aol- paper currency to be received by the league, Mr. McKean, with the same re- Government, it subjected it to the restric- sult. tion, that after one year the paper of no The vote was taken on the substitute of bank should be received which should is- Mr. Rives, (which was supported by the sue notes of lower denomination than five friends of a National Bank, though some dollars, after two years the limit being of them declared that they adopted it only extended to ten. as a half-way house to such an institu 148 Congressional History.Tlte & n-ate. [April2~ lion, still confidently expecting its failure, TIlE RESU~1 .CTION NOTE BILL. as a fiscal system,. as before) on the 21st The issuing of the old notes of the March; and it was rejected, by yeas 22, Bank of the United States, by the same nays 30, (see Table of Yeas and Nays, institution under its State charter, in its No. 15) capacity of trustee to wind up the affairs Mr. Cuthbert then, with expressions-of of the old Bank, after that institution had great re~ret at being compelled to differ ceased to exist, had, as is well knoxvn, on this point from sd many of his political been carried to a great extent since the friends a-nd associates, moved to strike out suspension of specie payments, especially the 23d section of the bill (the I specie in its great cotton speculations; and bad. clause); which, thou~h strenously oppo- been a subject of severe denunciation and sed by some of the leading friends of the complaint. The Democratic press at the administration, was carried,, yeas 31, outset took a firm stand a5ainst such is- nays 21. (See Table of Yeas and Nays,. sues, and declared them ant only ille~a1 No. 16); after which mutilation of the but fraudulent; and the President of the bill, Mr. Calhoun announced his intention United States,.in his late meissac, broueht to vote a.tai st it. the subject before Congresu, as properly Mr. Tipton, also, introduced an amend- calling for its- interference in any practi- ment, the substance of which was~ that cable mode to arrest the pratice. no public dues ought to be collected. or In the Senate, the Committee on the Jn- received otherwise than in the le5al cur- diciary, to whom this subject bad been re- rency of the United State ,or in Trea u- ferred, mad an elaborate report through ry notes, or in notes of bauks which are their Chairman-Mr. Grundy, accompa- payable and paid on demand, i-n the taid nied by a Bill of two sections, of which legal currency of the United States. It the following is the substance: was rejected by a vote of yeas 22, nays The first section imposed a fine of $10,- 30, (see Table of Yeas and Nays, No. 17). 000, with imprisonment and confinement Mr. Webster then, before the final- at hard labor for ten years, upon any mem- vote, submitted an a-oendment in lieu of her or ~. of any corporation c - ated the 23d section, providin, that it- shall not by the United States who should attempt be lawful for the Secretary of the Treasu- to issue as money, any representation of ry to make, or continue in force, any ge- money made and issued by such corpo- neral order which shall make any differ ration durin~ its existence, after sutch cor- ence as to the money or medium of pay- poration had expired by limitation of its. ment in which the debts or dues to the charter. government, accruin,, in either branch of The second section gave the Circuit the revenue, may be paid or discharged-. Court of the United States power to mtrant To this Mr. Benton attempted to add- the injunctions (upon petition of the United proviso, that the amount receivabLe in States) to prevent any person directly or payment of the customs, and all other madireethy connected with any such cx public dues, shall be paid in cash, as in pired corporation, from issuing, reissuing the case of the sale of the public lands. or transfering any of the paper of such- The proviso obtained, however, only corporation for the payiv cot or redemption eight votes, (Messrs. Benton, Linn, Mor- of its notes and obligations, and to cause- ris, Niles, Norvell, Pierce Smith, of Con., such bill - as had been redeemed, to be and Young) and Mr. Websters amend- delivered up and cancelled; and gave the meat (repealing the old specie circular) courts full powers to make the necessary was adopted by the vote of yeas 37, nays orders and decrees to carry the same into 14, (see labIa of Yeas and Nays, No. 18). effect. Before the final vote, it should be men- The Bill was reported on the twelfth tioned that Mr. Calhoun appealed with of February. It was taken up on 16th great vehemence to the friends of the bill of April, (Monday)~ when Mr. Grundy, not to vote for it in its present mutilated the author of the Report, spoke at great and emasculated shape, urgin,, that it length in support of it. On the following was fir better to ~o before the country on day it was laid on the table for a short its original merits, than to gain thi~ poor period, in consequence of an intimation and imperfect camoromise between pm-in- of some doubt on the part of two or three ciple and policy. It was, however, p-as- of the friends to the object of the Bill, sed and sent to the other House for con- (especially Messrs. King and Strange,) currence on the 26th March, by the vote as to time power of Congress to pass it. It of v~as 27, nays 25, (see Table of Yeas was taken -p a~ain on Thursday, and and Nays, No. 19), Mr. Buchanan and earnestly debated on Thursday, Friday Mr. Grundy, as before mentioned, vo- and Monday. Its principal supporters hug a~sinst it contrary to their personal were Messrs. Gmundy, Niles, Calhoun, opinions, in obedience to instructions. Its Buchanan, Wall, Clay, of Alabama, history i,s the other House (which was Rives and Roanej arid-its opponents were that of being laid on the table by a prompt Messrs. Prentiss, Preston, White, and and decisive party movement) will be Clay, of Kentucky.- duly related in its proper place. It was contended by its supporters,. 1839.] The Resttrrection JVote Bill. 149 that Congress possessed the constitutional cent. per annum in favor of the holders, power which the Bib proposed to apply but that now these notes were circulated ta tin case in question, and that it was by a corporation which disclaims the highly expedient and incumbent on them power of the Government to make any to excrcise it. It was acknowledged to law whatever to enforcetheir payment. Isav.~ no precedent, for the reason that The object of the law was stated to be, never before had a corporation thus dared to compel the windin6 up and final settle- to perpetuate itself after the expiration of ment of the concerns of the Bank of the its charter. The Bill had therefore to United States, or of any corporation esta- rest upon ~eneral principle and analogy. blished by Congress, whose period of It was playfully said by the chairnaan of existence, by law, had ceased. the conmittee who reported it, that the Con~reus had created certain artificial ancient philosophers believed that after rights and obli~ations, and harm0 created death their souls passed into other bodies, them, it would be folly to say that it had and continued on earth; but that a crea- not the power to define and enforce them. ture without a soul after the termination If the Bank, as it was contended, was of its existen,~e should pass into another bound to close its business in two years state of beino and iemain upon the earth, after its chartered rights had expired, and was what no pijilosophor or statesman had not done so, it was a violation of ever dreamed of It xva~ contended that contract; and it was proper to consider Congress, in 1816 xshen they chartered the re-issuin0 of the defunct notes as a the Bank for twonty yeirs. and allowed crirete, and to treat it as such. it two additional yeaia within which to It was further contended, that as there wind up its conLeins plainly presumed could be no doubt as to the jurisdiction and inteiidA taut th~ i would thees be an of Con oress in the case, the offence should end of it. It was argued that the bills of be re0a~ded as afrascd upon the leer, sod the institutioti incorporated by Con~ress a fraud upon the publicnobody being heing kept afloat, after the expiration of legally bound to redeem these bills; and the charter of incorporation, and the refo- thiat Congress was called upon by the sal of Congress to renew it, it certainly stron0est considerations to put a stop to was ri~ht and proper for them, out of such dishonest practices, carried on by a whose legislotion the evil had ~roxvn, to gross abuse of its oa n authority. inteifereif necessary, by legislation, to It was maintained by Mr. Calhoun, suapress it; and if the Bank was uncon- that the rightproposed to be exercised in stitotional it was a good ar0ument why this case rested on the 0eneral power of this Bill should have been passed twenty legislation conferred on Congress by the years ago, and no argument a~ainst it Constitution, which embraces not only now I7hiat the faik re on the part of the the power of ~, but of repeahin0, tinot e to rdeem the bills thus in circula- laws; that the ri0ht of repealing extended tion would ~e the bill holders an mdi- to uncotistitutional, as well as to constitu- rei t equitahl (laiin upon the United States tional laws. He aid the Bill was pro fot their tins, s nee a portion at least of perly drawn up; it was general; its oh- then crenit end cuirency was derived ject was to affect pro ten/a our own offi fio a th pahhi nattonal character con- cers, in winding up the concerns of the ferr d on ta. u b - h n itional charter, iii old Bank and that the dignity of tlac contravention to th~ expre. s provision of Governm~nt, regard to its interest, as well which they were thins re-issued and kept as that of the comniunity, demanded the afloat. It was further argued that the passa~s of the Bill. circulation of the Bank of the Unitod It w as declared that the conduct of the States of Pennsylvania would not be di- oflicersofthe Bank of the United States, minished at all, for the State charter bills under the Pennsylvania charter, had call- could he issued in place of the old United ed this hill into existence that Congress States Bank hills that were called in and possessed the satne power to close the cancelled, (and the Bank certainly did not concerns of all banks iii the District of depend upon the kind of iaotes it issued, Columbia, whansa charters hind expired provided all ~vere paid in specie on de- althon0hs the United States were not pro- maul;) and if thac old notes had naore prietors of their stock; that they had to credit tiaan the new ones it was a false wind up the concerns of the Bank of the credit, and ought not to be permitted to United States, in which they were so xtst that the character of the Goveria- deeply isiterested. nacot required it, and thast sucha was the It was not contended that there was inteiition of the Coia~ress of 1816, and any literal clause, or spec ajic great, in th such tue plain import of the claarter under Constitution to authorize the passage of whaicla they were issued. It was averred the Bid, but that the essence of legislation that the seventeenth sectioIi of the ori~i- was, that the misclcief grow ing out of arts nal charter r:served power for Con~ress law miit be abated or punished by en- to nanke laws to enforce the payiaaent of other; that the same power that author- tbe notes of the Bank, with twelve per ixed the laws to punish bribery of public Congressional History. The Senate. officers, larceny of letters from post offices, robbery of the mail, & c., was applicable So this. It was argued that every part and parcel of the Bank law of 1816~ which had not been fulfilled or repealed, was in full force and effect; and that that section which provided,, that the bank it created should, within two years after the period of its limitation, wind up its con- cerns, had neither been repealed nor com- plied with, and that it was in force, and that further legislation was necessary to compel a compliance with its provisions; that the Bank had acted notoriously in bad faith; that its present stockholders and directors had constituted themselves trustees, or a ..,ents, for the same indivi- duals, and by quibbling and trickery ease was made to mean two, and two to mean one, as occasion made convenient. Arti- cle third, section second, of the Constitu- tion, was conardered as affording all suffi- cient authority in this case, a clause of which reads as follows: ~ The judicial power shall extend to all cases in law and in equity arisin,,, under this Constitution, or the laws of the land. The oppcsers of the Bill argued partly against the power of Congress to pass such a law, and partly against its policy. The Opposition, however, appeared 0ene- rally very shy of sustaining the Bank of the United States in this course, and Mr. Clay on nac occasion playfully intimated that the friends of the measure might have the field to themselves, as he did not intend to allow himself to be drawn into the discussion. It was contended that it was unconstitutional and unnecessary, an infrmn,,,ement upon State-Ri,,,hts, and in no respect calculated to do any good. That the concerns of the old Bank were closed; that the present Bank was purely a State institution, and that no relation subsisted between it and the Federal Government. That if its State charter constituted it the trustee of the old Bank, for the purpose of winding up its affairs, it was to the State alone that it was responsible for its mode of executing that trust rand not to Congress, which had no further power of legislation over it. It was further argued that the third article, second section, of the Constitution of the United States, was never intended to designate the cases in which Congress should legislate, but the eases in which the judiciary might act. It also was denied that the United States were now, or would b~ ever, morally bound to pay a single note issued by the Bank of the United States. The fact of the expiration of its Federal charter, and of the cessation of its national character, by the designation contained on the face of these notes. was universally notorious; and if individuals were found still willing to take them, in their confidence that they would. be redeemed by the present lasti tution which issued them, they did it at their own risk, and the Government had no right to interfere between the parties in this voluntary transaction. It was insist- ed that Congress could not enlarge its own powers by its own legislation, and that to pass this Bill would be like doing wrong that good might come thereby~. That the old Banks bills were considered indispensable to satisfy the wants of the people during the suspension of specie payments, and to furnish a general circu- lating medium which nothing else could supply, and that this Bill took away a good, safe and necessary currency, and left nothing in its place. Most of the usual advocates of the Bank of the Uni~ ted States were unusually silent upon this Bill; and it was not till the last day that Mr. Clay, of Kentucky, was brought out by the discussion, and the pungency an severity of the remarks on the opposite side; and then his speechr which was long and animated, consisted rather ot general attack and denunciation ofthe past and present Administrations, the Sub- Treasury scheme, hard money, & c., than. of a refutation of the arguments in favor of the Bill; and Mr. Buchanan claimed that he had won a sprig of laurel for him- self in making the Senator from Kentucky speak on the Bill when he had previously declared that he would not. The Bill was then finally passed without amend- ment, by Yeas 27, Nays 13. (See Table of Yeas and Nays, No. 20.] TnE BiLL FOR THE SALE OF THE UNITED 5TATE5 BANK BONDS. On the 2d of May, it being necessary to make some speedy provision for the exhausted Treasury, and it appearing doubtful, from the state of parties and of feelin,,, in the other House (in which such bills ought to originate),, whether any ac- tion was to be expected from it, the Com- mittee on Finance introduced a bill to au- thorize the sale of the bonds held by the United States of the Bank of the United States, received from the present institu- tion in settlement of the stock held by the United States in the old Bank. The only opponent of the bill (which wa taken up on the 7th inst.) was Mr. Webster; though he said, if the stron0 necessity for immediate provision existed as represented by the committee, he would not offer any very strenuous opposition it. He thought, however, that it would have been wiser and better for thorn to meet the necessity by a resort to a direct loan or by the issue of Treasury notes; and if no other measure than the present bill could originate in the Senate, he thought it unwise to press this because no other offered. He expressed a doubt whether the bonds could be sold at par; andy if they 150 [April, 1839.] U. S. Bank Bonds. Treasury JVote Bill. 151 were, a doubt that they would be paid in been gone over in the House of Represen- the constitutional currency of the country. tatives, an account of the respective argu- He thought the responsibility of this ments used will be given in its proper measure should be left where it belon ed, place, in the history of its passage through in the House of Representatives, the body in which it originated. The On the other hand, it was contended by only amendments offered were, one by Mr. Wri~ht, that by sellin~, these bonds Mr. Preston, callin~ on the St~ tes to re- it would prevent the reissuing of Treasu- fund the surplus revenue distributed ry notes to the amount for which they among them, which was rejected without should be sold. The condition of the Tren- a division; and one by Mr. Webster, to sury required that money should be raised; limit the issue to two millions, to meet the the credit of the institution which had pressing liabilities immediately due,which given the bonds was hiab both in Europe was lost by the vote of yeas 16, nays 27. and this country; and as money was cheap in Europe, the bonds might be sold Ma. cLAy 5 FiNANCE RESOLUTION. there for their par value. He said he saw On Monday the thirtieth of April, Mr. nothin~ in the objections adduced, except Clay, of Kentucky, inquired of the Chair- the supposition that these bonds might man of the Committee on Finance, wheth- not be redeemed by the giver in a curren- er there was any intention on the part of cy equivalent to specie. If such should the Administration to brina forward any he the fact, it must grow out of subse- measure, other than the Independent Trea- quent legislation of Con ress, and he sury Billwhich had passed the Senate thought nothin~ further was necessary and which in the other House had been than for the Senate to decide upon the laid on the table by a vote which was question by their votes. His opinion was, tantamount to a defeatto aid and en- to sell them, since the liberal a courage the banks of the country in re- which the government had extended to all suming specie payments, some of them its debtors had placed it in need of money; havin., already taken that step, in Boston that it would be wise to make the attempt, and New York, and others being expected and if the bonds failed to brin, in an offer soon to follow. If none existed, he said to the amount required for them, nothing that it had been thought by some that the was lost by the attempt. As for the kind duty devolved on him to suggest some of money the bank mi~ht pay for their re- such measure. demption, when due, that was a question Mr. Wright, the Chairman of the Coin-. solely between it and the purchaser of the mittee on Finance, replied, that there was bonds. He supposed that Congress would nothing before that Committee at present take the necessary measures to supply the in relation to the matter. All that had wants of the Government, either by the been referred to the Committee by the Se- issue of Treasury notes as heretofore, nate had been acted upon. Touching the until time should make its other moneys views of the Executive, Mr. Wright pro- available, or by authorizing a loan; and fessed himself to be as ignorant as the in either case the amount that these bonds Senator from Kentucky. should brin,,, would supersede a corres- Mr. Clay then offered the following as pondin, part of the issue or loan, a Joint Resolution: The bill was then passed without far- Resolved, That no discrimination shall be Lher opposition, and without a division, made as to the currency or medium of pay- and sent to the other House for concur- ment in the several branches of the public rence. revenue or in debts or dues to the Government; and ihat,until otherwise ordered by Congress, TIlE T5IEA5URY NOTE HILL. the notes of sound banks which are payable On the 17th May, the bill to authorize and paid on demand in the legal currency of the reissue of ~,1O,OOO,OOO of Treasury the United States, under suitable restrictions to be immediately prescribed by the Secretary notes to meet the current expenses of go- of the Treasury, shall be received in pay- vernment, was received from the House mentof the revenue and of debts and dues to of Representatives, (an account of its the Government, and shall be subsequently passaae throuc~h which body will be given disbursed, in course of public expenditure, to below), immediately referred to the Coin- all public creditors willing to receive them. mittee on Finance, and promptly, on the On the Wednesday following, the reso- same day, reported back to the Senate lution coming up for its second reading, without amendment. On the following Mr. Wright moved to refer it to the Coin- day it was taken up, and after an excited mittee on Finance, on which an animated debate was passed by the vote of yeas 27, debate arose, the motion being supported itays 13, (see Table of Yeas and Nays, by Messrs. Wright, Calhoun, Benton, No. 21) Its opponents were Messrs. Niles, Buchanan and King, and opposed Webster, Preston, Crittenden and Tall- by Messrs. Clay of Kentucky, Davis, mad,,e, and its supporters,Messrs . Wright, Preston and Tipton. Calhoun, Brown and Benton. Since the It was declared by th~ supporters of the debate covered the same ground that had motion, that the first branch of the resoks.. 152 Congressional History. The kSienate. [April, tion was in terms such as the Senate had, was out of the question; and if it were by a strong vote, incorporated in the hill not, and should be adopted, under existing in relation to the finances sent to the other circumstances, it would prove one of the House; to seid it again to them in the greatest calamities that could befal the present form, would he a useless repetition; country. The resolution should under~ o that the last lause was on a subject that a full and deliberate investigation. It had constituted a part of the legislation of was contended that the banks, if left to the country from the commencement of themselves, would, under the operation the ~ovecnmeni, and that an examination of the causes that had produced a partial was proper to see how far the resolution resumption, go on till there was a general would conflict with the existin5 laws. resumption, without the aid of legislative That the resolution proposed to go farther quackery. than any act of Con~ress had ever done. Mr. Calhoun urged his conviction there Recent laws (the deposite act of 1836) pre- were but two measures which could possi- scribed the notes that might be receivedand bly prevent a repetition of the explosion now the provision is that the hills not only which, it was now contended on all sides, shall be received, but shall also be, com- must follow without the application of pulsorily, paid out by it. How far it was some effectual remedy: the first was a designed by the resolution to repeal all le- complete and entire divorce from the gislation on the subject, without saying whole banking system, and the other the so, was not known. No act of Congress establishment of a National Bank; and had ever made it imperative upon the Se- of the two, he considered the former as cretary of the Treasury to receive and by far the most safe and effectual. The pay out bank bills, as contemplated by the resolution proposed an entire abandon- resolution~ that no delay of the action of ment of the divorce, without substituting the Senate was desired; it was only deem- the Bank or any other preventive measure ed necessary to refer it to the committee, in its place, which was the least defensi- to satisfy themselves and others on the ble course that could possibly be pursued. poins referred to. The first design of the Now was the time for a comparison resolution was to sustain the banks in re- between the Divorce and the establish- sumin.~ specie payments; the banks of ment of a National Bank. The country New York had resumed, as had several of could not stand another explosion; it the banks in Boston; that the Custom would not only overthrow the whole Houses and Post Offices received their banking system, but would shake our notes in payment of bonds and postages, institutions to their centre. That the Spe- and that the resolution therefore was not cie Circular had not caused the late explo- required for any immediate practic~ 1 good. sion, as had been contended on the other It would be in vain for the government side, but was only a measure of necessity, to issue a notice in advance that it would from the expansion of the paper currency; receive the notes of all banks until they that under its operation the banks were Pitt themselves in a condition to render gradually resuming specie payments; them receivable under existin laws. It that but for it the disease would have was contended that the resolution would become daily more and more bloated, un- cause the paper received from the banks til it would have been utterly incurable. of New York to be disbursed throughout Had the resolution been to restore the the country ; tbis would carry them to the former state of thin ~s, as it existed under extreme south and evest; and then if the the law of 1789, rescindin~ the resolution public creditor refused them, specie must of 1816, it would have met with his support. be transported there at great trouble and It was argued that the other banks had expense without any corresponding be- stopped because the banks of New York nefit. had stopped, and that they had pledged It might be a great advantage to the themselves to resume whenever those New York banks to compel their notes to banks should resume; that there were one be paid out for one half of the expenditures hundred millions of dollars of specie in the of the Government, but it would benefit no country; that the solvent banks would one else. now resume, and that the political and It was ara ned that a reunion with the insolvent banks would not resume, or if banks, as proposed by the resolution, they did, it would only be for the purpose would at no distant day be followed by of failing again in a short time. anotlmr still more severe shock than that Mr. Benton stated, that to relieve the of May last. No act should be done to distress was the avowed object of the countenance, in any way, such a reunion. resolution, and the mover seemed to be in It seemed impossible that those in favor a hurry to get it through, lest the distress of a reunion could vote for the resolution, should be all gone, and the glory of reliev- unless precautionary measures were first ing it be lost. The resolution was to taken to guard against a recurrence of a compel the repetition of an error that had calamity which would otherwise be in- been already so fatal to the country. It evitable. As for a National Bank, that was to make the notes of nine hundred 1839.] Mr. Clays Finance Resolution. 153 banks the currency of the General Govern- and the Secretary of the Treasury. There ment, and at the same time it was de- was no necessity for reference; there was dared by the mover of the resolution that no objeetion to the phraseology of the all the banks would fail. Resolution ; it was the principles con- The resolution was pronounced to he a tamed in it which caused the OPI iOsitiOfl. mass of deformity, iniquity and mis-hief That to refer it to a committee, a majority that it \vent to plunder the public lands: of which were known to be decidedly to raise the revenue, defraud the public hostile to it, would be contrary to all par- creditors, involve the country in shame liameritary usage. The resolution was, and disaster, rehstablish a National Bank, however, referred, according to the mo- and perpetuate . paper-money govern- tion of Mr. Wri~iht, by the vote of Yeas inent; that it \vent to dis~race and de- 28, Nays 19. (See Table of Yeas and stroy the Administration, to rebuke all Nays, No. 22) who voted for the independent Treasury On the 16th of May, Mr. Wri~ht, from Bill, and that it contained a modest re- the Committee on Finance made a Ion g quest that they should stultify themselves and elaborate report on the subject, re by votin~ for a proposition standing in viewing the whole course of legislation contradiction to every principle contained on the subject of the cm-rency, from the in that Bill. It went to contradict every foundation of the Government to the pre- principle of General Jacksons hard.- sent time, arid closing with a recommen- money policy, that policy which had dation that the resolution should riot re- received the sanction of an immense ma- ceive the sanction of the Senate; of which jority of the American people. report thirty thousand copies were ordered It was contended, on the other hand, to be printed. especially by Mr. Clay, that the Resolu- On the 25th of May, (Friday,) the Re- tion was so simple as to be perfectly un- solution was called up by Mr. Hubbard, derstood by every individual, and that and it gave rise to an earnest debate, therefore it was unnecessary to refer the which engaged the Senate for four days matter to the Committee on Finance. He the vote on die final passage of the irso- was only anxious for a speedy action on lution, in the shape to which it was re- the subject: now, said he, was the accept- duced by the various amendroints pro- ed time to act, and to signify to the whole posed, bein~ taken on the Tu sday fol- country that there was no intention to lowing. Mr. Webster (Mr. Clay assent- persevere in a course of invidious discri- ing) offered an amendrrient to strike out mination xvi th re~ard to the money to be the first clause of the resolution after the received in payment of the revenue. enactin~ clause, and to insert the follow- It xvas contended by the mover, that ing: That it shrill not be lawful for the the reference was urged, not so much for Secretary of the Treasury to make, or to the purpose of examination into the mer- continue in force, aiiv general order which its of the resolution, as for the purpose of shall create any difference between the opposin~ and defeating it altogether; the different branches of revenue, as to the New York banks had resumed, not so money or medium of payment in which much on account of their ability to do so, debts or dues accruing to the United as to comply with the law of the State, States maybe paid. Mr. Wright moved which made it imperative for them to do to amend the resolution by striking out so on the ninth or tenth. There was a the remainder of thie original resolution. wide difference between an actual and a Mr. Clay, of Kentucky, himself moved nominal resumption. The Collector and to strike out the con,-ludin~ clause, which Postmaster, it seemed, were doin~ with- was carried with but one dissenting vote, out law, what the Resolution proposed (Mr. Tipton.) Mr. Wrights motion to they should do by haxv. That the send- strike out the second clause of the resolu- in_ off of the New York notes, to pay tion, which make-s the reception of bank disbursements in the south and south- notes imperative, also prevailed, by the west, would be a bundling operation; the vote of Yeas 28, Nays 19. (See Table Government mi~ht authorize some one to of Yeas and Nays, No. 23.) So that thus draw for them on New York, and the no fragment remained of the original re- drafts would sell for a heavy premium. solution, Mr. Websters substitute for the Great benefits would result to Nexv York first clause being alone left standina, the by the adoption of the Resolution, but effect of which was simply to re-assert nothina but the establishment of a Na- what had been already enacted in the In- tional Bank would effectually remedy the dependent Treasury Bill, repealing the evils of a disordered currency; that xvith- famous Specie Cheular. out it the country would be perpetually Mr. Morris introduced, as a substitute, exposed to embarrassments, under which a resolution repealing the joint resolution it was now suffering. The Resolution of 1816, on which the vote stoodYeas 5, proposed so give the sanction of law to Nays 36. (See Table of Yeas and Nays, the measure, and not leave it to the whim No. 24.) And finally, on the question on and caprice of the Postmaster General orderin,, the resolution, as amended, to 154 Congressional History. The Senate. [April, be engrossed for its third reading, the vote die and Albert Gallatin, and stated that wasYeas 34, Nays 10. (See Table of there might also be other individual5 Yeas and Nays, No. 25.) equally competent to preside over a na- Many powerful efforts were made by tional institution, but that he did not distinguished individuals on both sides. know them. He argued that a National The debate on this Resolution, at its Bank was required by the common successive staaes, took a very wide range, good of the whole country, and although, embracing not only the subject of the if it were practicable, an existing state currency generally, but all the leading institution might form a basis for it, party topics which have of late years agi- still a new bank, chartered by Conaress, tated the country, growing out of that with power to create branches, would, subje2t. It was participated in, more or he considered, be preferable. His pro- less, by most of the Senate, and called jet was substantially as follows. forth some of the most powerful efforts 1st. The Bank to have a capital of that were made during the course of the $50,000,000, the stock to be distributed Session. Much of it turned on the fa- between the General Government and snous Specie Circular, which was alter- the States, according to Federal popula- nately attacked and defended with great ti on, and individual subscribers; the por- animation, though it was admitted by tion assigned to the latter to be distri- many of its friends, that, having dis- buted at auction or by private subscrip- charged its function at the time when it tion. was both useful and necessary, there ex- 2nd. The organization of the Corpo- isted now no objection on their part to its ration to be such as to blend public and repeal, in the mode effected by this reso- private control in fair propo rtions, com- lution as finally amended. In the shape bining public and private interests. All to which it was reduced, many of the foreigners to be excluded from the own- friends of the ori,.inal resolution declared ership of the stock. themselves quite indifferent to its fate. In 3d. The bank to set apart an ade- its ori~,inal shape, making the reception quate portion of its capital in produc- and disbursement of paper-money i per- tive stocks placed in permanent security o~tive instead of discretionary, as hereto- beyond the reach of the corporation fore, it was very severely denounced as a with the exception of the accruing profits farther step of submission to the ascend- as a safety fund to redeem the circula- ancy of the banking power, than had ever tina paper in case of failurethis was yet been taken; and as desi~,ned, by pre- to guard the general mass of note hold- paring the way for another expansion ers, who had no interest in the bank, and explosion, and by leavin~., the Govern- from loss, and was borrowed from the mnent entirely powerless to defend itselg New York safety fund system to which only to lead back to the abandoned policy due reference was made. of a National B nk, with especial refer- 4th. The bank to make periodically a ence to the great pro jet submitted a few public statement in regard to all of its days before by Mr. Clay, of Kentucky, transactions, and to spread out for in- of which the following was the general spection a list showing the nanies and outline, responsibilities of its drawers, endorsers and debtors. Ma. ca~v 5 NATIONAL BANK PROJECT. 5th. The bank to limit the dividends A number of petitions were presented so as not to authorize more than during the course of the session in fa- per cent to be struck at one time. vor of the establishment of a National 6th. To restrict the rate of interest to Bank, which led to no action requirin~ 6, or even 5, per cent. special notice, excepting on the occasion 7th. To lay a restriction on the premi- of the presentation of a petition by Mr. urn demanded for post notes and checks Clay, of Kentucky, on the 21st of May, used for remittances, so that the maxi- when he took the opportunity to lay be- mum shall not exceed l~ per cent. be- fore the Senate an outline of his views, tween any two points of the Union. and of the position which he assumed 8th. To provide against the exercise before the country in relation to this im- of improper influence on the part of the portant question. He stated that it was executive upon the bank and on the part not the intention of the petitioners that of the bank upon the elections of the an existing State institution, having an country. eminent individual at its head, should He contended that the constitutional he chartered by Congress and transform- power to charter the bank ought no long- ed into a Bank of the United States. ertobe considered an open questingthat He denied that he had any such pur- there should be some bounds to human pose, notwithstandin,, he entertained controversythat stability was a neces- great respect for the individual at the sary want of societythat many who de- head of the institution alluded to. He nied the power to create, admitted the passed a high encomium upon Mr. Bid- benefits of, a Bank of the United States 1839.] .JVational Bank.JVIod~fication of the Deposite .1/ct. 155 that four times Congress had deliberately, make the new bank more powerful than under the sway of all parties, affirmed its the old one ever was; we should have a existencethat every department of the popular government in form, but a monied Government had again and again asserted government in fact. New York would it. That forty years acquiescence by the indeed be the seat of empire. He re- people, uniformity in the value of the cur- marked there was no allusion to gold and rency, facility and economy in domestic silver throughout the whole projet; it was exchanges, and unexampled prosperity in to be exclusively a paper bank, and would the general business of the country, with probably prove the greatest humbug of the bankand without it, wild disorder modern times. To create a bank was in the currency, ruinous irregularity in the highest act of sovereignty; not to de- domestic exchanges, and general pros- fine its specie basis, was like going to sea tration in the commerce and business of without a compass. The Bank of Eng- the nationwould seem to put the ques- land, where one dollar in every three was tion at rest, if it were not to be perpe- specie, could not regulate the paper cur- tually a,,itated. That the power had been rency of England alone according to its sustained by Washington, the Father of standard. How then, it was asked, could his Country, by Madison, the Father of this bank with no specie basis regulate the the Constitution, and by Marshall, the paper currency of this widely extended Father of the Judiciarythat precedents country i The old Bank, it was averred, were neither to be blindly followed or had not regulated the exchanges; they wantonly despised. Mr. Clay declared had at former periods been as much dis- that he had no intention of formally ordered, under the United States Bank, presenting any proposition to establish as at present. a Bank of the United States; composed The power to establish an United States as Con~,ress and the Executive now are, Bank had not been settled by former pre- it would be useless to offer such a pro- cedent; that while the law that establish- posal; a bank should not be established ed it was in existence, good citizens sub- unless clearly called for by public opin- mitted to it without contending against ion; he believed a majority of the peo- its constitutionality, though many disbe- ple now desired it, but had no conclu- lieved it; that the Supreme Court dodged sive evidence. He expressed his wil- the question, and left it for Congress to linguess to submit to the will of the decide. To be slaves to precedent in such majority, and closed by moving to lay a case would be to abandon the cause of the petition on the table. human liberty. The judiciary had deci- No general debate grcw out of this ded the old alien and sedition laws to be occasion, Mr. Buchanan alone making constitutionalwould the passage of an- some remarks in reply to this new po- other such act be deemed constitutional litical manifesto of the distinguished now? The Senate at this very session Senator from Kentucky. He argued that had determined to refund a fine inflicted it would prove a great evil to the country under the old sedition law, upon the prin- wherever it mi~ht be located, that under ciple that the law was unconstitutional. Mr. Gallatin at New York it would have The petition was then laid on the table the same effect as under Mr. Biddle at without a division. The projet submit- Philadelphia. If it must be established, ted by Mr. Clay was generally regarded he preferred Philadelphia to New York. as one of the most important political de- If established at New York with ~5O,O00- velopements of the session. 000, capital, the whole Union would be- come tributary to that city ; that three-fifths of the revenue from customs was now col- MODIFIcATION OF THE DEPOSITE ACT. lected at that port, and this amount would become the foundation of immense dis- 1st. Mr. Websters Bill. counts and of commanding influence On the 31st May, a resolution was throughout the country. The Senator adopted, on motion of Mr. Webster, in- from Kentucky had came out boldly with structing the Committee on Finance to his projet, and parties could now tell consider the act of June 23, 1836, known how they stoodon one side a S50,000,000 as the Deposite Actand to inquire National Bank, on the other a divorce of whether the Secretary of the Treasury the Government from all banks. It was could employ any of the Deposite Banks a work of supererogation to have any pro- which since the passage of that act have vision to prevent the government from suspended specie payments; and also, in- warring upon the bank, or the bank from to the expediency of repealing the provi- warring upon the aovernmentwith such sions of that act which prohibit the receipt, a bank establishment, no divorce could by the United States, of the bills of all ever be had, or even attempted. It would banks issuing notes of a less denomina- be a consolidation of the money power tion than five dollars, and to report their and the political power of the country, opinion thereon. and would perpetuate the administration On the 8th of June, Mr. Wright, from that called it into existence. It would the Committee on Finance, made a full Congressional History. The AS1enate. 156 [April, report, which set forth that the Secretary rules, regulations and restrictions under of the Treasury can, under the law, em- which they shall have accepted the said ploy any banks formerly used as depo- special deposites, and the compens4ion, sitories which shall resume specie pay- if any, for which they shall respectively ments, unless they have issued hills of a have agreed to perform this service. less denomination than five dollars, since The second section prohibited the depo- tlse 4tla of July, 1836; hut at the same sitin ~, either on general or special deposite, time the majority of the Committee re- with any bank, such baiik notes as may framed from recommending any such em- be received in payment of the public dues ployment. In consequence of these pro- under the provisions of the resolution of ceedin~s, on Tuesday, June 12th, Mr. 1816; but require that the balance of such Webster introduced a bill makine further notes remainin on hand, after satisfyin~ provisions for the collection of the public the drafts of the Treasury, drawn before revenues. The first section repealed so the end of the several periods nt which much of the Deposite Act as prohibited they were directed to make special depo. the receipt of the paper of specie payin~ sites under the first section of this act, Banks which may have issued, since and for the payment of which the holders July 4th, 1836, notes of less denomina- thereof may, bona fide, elect to receive tion than five dollars. bank notes, should be converted into The second and third sections autho- specie, to be placed on special deposite at rized the Secretary of the Treasury to the tims and in the manner prescrib d by select and employ any specie, payin~ this act. Provided, that no notes or bills bankin~ institutions created by State of any bank shall be received or dis- law, as depositaries under that act, not- bursed, which shall , after the 1st of Ge- ~vithstandin g their ham,, suspended. toher next, issue, re-issue, or pay out any The fourth section suspended the second note or bill of a less denomination than section of the act of 14th April, 1836, five dollars,and after 1st of October, 1841, makin~ appropriations for the payment of of a less denomination than ten dollars. revolutionary pensioners. On the sun- The third sectinis repealed the first gestion of Mr. Wri~ht that it would twelve sections of the act, e,ititled An be useless to refer it, the bill was laid on act to regulate the deposites of the public the table, to be called up at a future day. money, approved, 23d June, 1836, except On the 27th June, (the fate of the In- so far as to enable the Treasury Depart- dependent Treasury in the House hay- meat to collect any debts which may be in~ been decided), the bill was called up due or owing from the late Deposite by Mr. Webster; when Mr. Buchanan Banks. offered, as a substitute amendment. a bill This bill was introduced by Mr. Buchan- which he had laimself introduced, on an, not as what he would prefer, but as leave, the day before, supplementary to a practicable measure to bring the public the act to establish the Treasury Dc- revenue under the custody of law, and to partment, of which the following was relieve the Executive from a burthen of the substance: responsibility which it was essentially It provided that the safe keeping of wrong in principle to impose upon it. He the public money should continue to be brou~ht this forward as own individual entrusted to the Treasurer of the United movement, ~v ithout party concert, and States under the provisions of the law contrary to the views of some of his poli- of 1789, and it required the said Trea- tical friends. surer, under the direction of the Secretary The bill was amended, on motion of of the Treasury, to order the Collectors Mr. Clay, of Alabama, so as to pro- and Receivers of the public money, at hibit the banks from discountin~ upon, least once in sixty days, and as much of- or otherwise using, the money that may tener as in his jud~ment the safe keep- be placed with them on special depo- ing of the same might render necessary, site. to make special deposites in gold and sil- Some difference of opinion existed ver of the balances then on hand, to the among the friends of the policy of the sepa- credit of the said Treasurer, in such banks ration of the Government from the banks, as he may select, and under such rules, whether, since the Independent Treasury regulations and restrictions as the said Bill had failed, any other less complete Treasurer, under the direction of the Se- measure ought to be adopted, to supply cretary of the Treasury, may deem best the entire absence of legal provision at calculated to secure the safe keepin,, of present existing for the custody of the time said special deposites, and to render public revemanes, and substitute some law him at all times acquainted with the con- or other, good or bad, for the mere Execu- dition of the said banks; the Secretary tive discretion on which the whole sys- of the Treasury being directed to report tem now depended. Mr. Calhoun opposed to Con,,ress, within one week after the strenuously both the bill and the amend- commencement of tlaeir next session, the ment, preferrina to go before the country names of the banks thus selected, and the on the broad naked question of the Di- 1839.] Banks and currency of the District of Columbia. 157 vorce, than to mar it by any present case it would have had his cheerful sup- expedients or compromises. Some ani- port;) hut there remained the intermedi- mated debatin~ ensued, the principal ate acts of the resolution of 1816, author- speakers in favor of the bill, and a~ainst izing the reception of bank notes, and also the substitute, hem _ Messrs. Webster, the repeal of the specie circular at the Clay of Kentucky, P ives, and Talhnad,,e. present session. That these authorizing After several amendments had been the use of and connection with banks, he unsuccessfully offered, the vote bein~ ta- thou~ht it wrong to cast. upon the Execu- ken as between the bill and the substitute, tive the responsibility of determining the the latter was adopted by Yeas 26, Nays system to be adopted. If, in accordance 24. (See Table of Yeas and Nays, No. with the principles of his messages, he 26.) But on taking the question upon should take the responsibility of re-esta- the passage of the Bill, thus amended, it blishing the Independent Constitutional was rejected by Yeas 21, Nays 29. (See Treasury contemplated by the law of Table of Yeas and Nays, No. 27.) 1789, he should have his cordial support Immediately after which (June twenty- and admiration; but he thought it wrong, ninth, Friday,) Mr. Wright gave notice and contrary to one of his fixed princi- that he would the next day introduce a bill pies to impose such a responsibility. He to modify the last clause of the fifth see- feared that it was a question between a tion of the Deposite Act of 1836. degosite bank system with law, and a de posite bank system without law; and 2. Mr. Wrights Bill. thersfore, however reluctant to differ so On the followin~ day, accordingly, Mr. often from tlse friends with whom he had ~Vri~ht introduced a bill to modify the acted in relation to this great questioii of the last clause of the fifth section of the Dc- Independent Treasury, he felt obliged to posite Act of 183d, which prohibits the oppose the bill. It was however, passed reception, by the Government, of the notes by the vote of Yeas 27, Nays 22, (See of such banks as may have issued notes Table or Yeas and Nays, No. 28,) and of less denomination than $5; which gave sent to the other House for concurrence. rise to some spirited debatin~, and to some The action had upon it, and the amend- nice parliamentary manmuvrmng. ments adopted in that body, will be re- Mr. Webster moved to amend the bill lated in its proper place. On the return by addin.. to it the following clause as a of the Bill to the Senate, the amendments second section: of the House were concurred in by Yeas That it shall be lawful for the Secretary 29, Nays 17. (See Table of Yeas and of the Treasury hereafter to select and eni- Nays, No. 29.) ploy as depositories of the public money, ac- cording to the provisions of said act, any bank TuE BANK5 AND CURRENCY OF TuE DISTRICT which shall redeem its notes and bills on do- ~ coLuMSIA. mand in specie, notevithetanding it may have, since tbe fourth of July, 18.36, issued or paid 1. Smell Note Bill. o,it notes or bills of a less denomination than The earliest action had in the Senate five dollars; provided, hosveeer, that this pro- vision shall not extend to any bank which bearin on the subject which most of all shall issue or pay out any note or bill of less interested and en~aged the public atten- denomination than five dollars, after the time tion, was on a bill introduced on the mentioned in the last clause of the preceding 13th December, by Mr. Wright, from the section of this act. Committee on Finance, to restrain the is- Which was advocated by Messrs. Clay, suin~ of small notes within the District of of Kentucky, Rives and Tallmad~e, and Colembia. The bill was identical with opposed by Mr. Stran~,e. This move- the one which had passed the Senate at ment Mr. Wright met by offerin~, as a the late Extra Session, but which had substitute for this amendment, a clause to not been acted upon by the House of repeal entirely the first twelve sections of Representatives. the Daposite Act of June twenty-third, It was not taken up for consideration 1836; which, after a warm debate, was till the 20th, when it was debated with adopted by Yeas 26, Nays 21. And the much animation by Messrs. Wright, Ben- bull thtus anended, was ordered to be en- ton, Nules, Hubbard,Grundy and Buchan- grossd. On comin, up for its third read- an, in favor ~of, and by Messrs. Clay, of ing (July second) the debate was renewed, Kentucky, Tipton, Smith, of Indiana, and Messrs. Webster, Preston, Smith, of In- Preston in opposition 10 it. diana, and Calhoun, opposin it. The lt was nr~ued by those in favor of the opposition of M1. Calhoun was upon this bill, that the District Banks were never ground: that, by repeahin~ the Deposite authorized by their charters to issue notes Act, we were not thrown directly and of a less denomination than five dollars. solely back upon the law of 1789, which es- It had however, became common for them tablished the Independent Treasury, to be to issue notes from 25 to 6.4 cents, shin administered throu~h the constitutional plasters, occasioned by the suspension of currincy of gold and silver (in which specie payments by the banks. It was 158 Congressional History. The ~Senate. [April, carried to a greater extent here than any Finance reported a bill to revoke the where else. It was insisted that the Banks charters of such banks in the District of should he compelled to resume specie pay- Columbia as shall not resume specie-pay- ment by the 1st of the coming May, or be ments by the 1st May, 1838. After van- made to suspend altogether; that there ous postponements, however, it was on was no reason why a resumption should the 7th of May, on motion of Mr. Wri~ht, be longer deferred. A postponement was laid upon the table, on the ground that objected to, it being the object of the bill the charters of these banks would expire to coerce the Banks of the District to their within a very short time, and that the sub- duty, to stimulate public opinion, and to jeer would come up on the question of set an example. their renewal. It was held that there was no necessity for these spurious issuesthat the Senate 3d. Bill for the Recharter of the Banks. received alone more hard money for com- The charters of all the banks in the pensation, than the District required for District expiring on the 4th of July, Mr. changethat the Senate and House re- Roane, the Chairman of the Committee ceived two-thirds of their pay in specie on the District of Columbia, reported a and one-third in Treasury notesthat bill as early as the 14th of March for their the expenditures of Congress were $3,000 renewal, which was conditional on their per day, which caused $~,000 per day in resumption simultaneously with the banks hard coin to be circulated in the District; of Baltimore and Richmond. The re- but that this specie was bdu~ht up by newal was for twenty years, with capi- agents for exportation, while the District tals not to exceed $500,000 each, and on was flooded with their miserable rags. terms of which the details need not be The prohibition of this pestiferoiis cir- stated here, but can be learned on refer- culation would be eminently beneicial to ence to the bill. Col. Benton opposed the poorer classes of citizens of Pie Dis- strenuously the renewal of the charters of trict, while it would enable the 3anks of these banks. The bill, which was not the District to resume specie nayments taken up till l~v1ay 10th, (Thursday,) met the sooner. Congress should act at once with a strenuous opposition from the out- in this matter, on account of the moral ef- set; it being maintained that Congress feet it would have in setting a good ex- ought not, by such a recharter, give a ample to the States There was no disposi- virtual sanction to the illegal state of sus- tion to oppress the banks of the District, pension, in which they were at the very but they in common with others had for- time of their, application for a long re- feited all claim to public favor. newal of their legal existence. 11 he de- On the other hand, it was considered bates, which arose out of the bill and the inexpedient to force the District banks to several amendments introduced, being resume at a period of such uncertainty, rather of a miscellaneous character, it is It was idle for the District banks to at- deemed unnecessary to give here a parti- tempt such a resumption when those so cular account of them. The principal intimately connected with them did not subject of interest, in relation to the bill, do so; that the whole matter should be consists in the different amendments pro- postponed until early in January, when posed, with the action of the Senate there- ther might be a similar movement on the on. part of the banks of Richmond and Bal- Mr. Benton moved a substetute for the timore. If the small bills were suppress- bill, extending the charters of the several ed, it was said that there would be no banks for two years on thefollowingcon- small change for the thousand daily con- ditions: veniences of life, to supply the vacuum. First. To cease receiving or paying An ineffectual attempt was made by out all paper currency of less denomina- Mr. Clay, of Kentucky, to postpone the tion than five dollars, on or before the day bill until the second week in January, of the promulgation of this act. which was defeated by the vote of Yeas Second. To cease paying out the notes 14, Nays 27, (see Table of Yeas and Nays, of non~specie-payin~ banks, bankers or No. 30.) The bill was amended in some corporations, on or before the fourth day of its details, the summary application of of July in the present year. its penalties, and the requisition of an Third. To redeem all their notes of the oath of self-crimination, being modified. denomination of five dollars in gold or The time at which it was to be operative silver, from and after the fourth day of was fixed on the 10th April next; and July, in the present year. the bill was finally passed, after having Fourth. To resume specie payments in been made the opportunity for a great deal full, on or before the first Monday in Dc- of miscellaneous party attack and defence, cember, of the present year. by the vote of 37 to one (Mr. Swift.) These conditions he afterwards modi fled, in the dates to which they referred, 2d. Bill for revoking the Bank Charters. as follows: On December 19th, the Committee on 1. That they should cease receiving or 1839.] Banks and Currency of the District of Columbia. 159 paying out all paper for currency of a less ties to all the bill holders and depositors; denomination than five dollars, on or be- and in case of inability of said corpora- fore the promulgation of this act. tion, or expiration of its charter, or in case 2. That they should cease paying out its charter shall be annulled, the said pre- the notes of other banks from and after sident and directors shall be liable in their the 1st of October next. individual capacities to each and every 3. That they should redeem in specie creditor of said corporation. The amend- all their notes of five dollars and under, meat was, however, lost without a divi- from and after the 1st of August next. sion. 4. That they should redeem all their Mr. Allen opposed himself strenuously notes in full, in specie, from and after the to the renewal of the charters, without a 1st of January. 1839, or sooner, if the very rigid inquiry into the business and principal banks of Richmond and Baki- conduct of the banks. For that purpose more should sooner resume, he introduced the following resolution: Another amendment was a substitute Resolved, That the Committee for the offered by Mr. Hubbard, extending their District of Columbia procure and report present charters, during the pleasure of to the Senate statements of the condition Congress, provided that they should me- of the several banks in the District of sume specie payments for their circula- Columbia that have applied for an exten.. tion and other liabilities, on or before the sion of their charters, in regard to the first day of January next, or simultane- following particulars: ously with the banks of the cities of Bal- 1. The names of the officers and direc- timore and Richmond, should those banks tors of the banks, the amount of stock resume at an earlier day. owned by each, and the debts due from This principle of indefinite recharter each to the banks respectively, discrimi- was so strongly opposed by Mr. Hub- nating between the executive, legislative, bards friends, and by both the friends and judicial officers of the Government and the enemies of the bill, that towards among them, and also between residents the close of the debates on the subject he and non-residents. withdrew it. It was regarded as equiva- 2. The stcckholders of the banks re- lent to a perpetual recharter, and as open- ~ ing a very improper and dangerous rela- pectively, the amount of stock owned by tion between members of each, and of debts due from each, discri- the banks. Congress and minating as above. Mr. Buchanan moved two amendments 3. The debtors to the banks respectively, the first, to restrict the capitals to $335.. and the amount due from each, discrimi- 000, instead of allowing them to be in- nating as above. creased to $500,000,. as proposed by the 4. The number of suits that the banks bill, which amendment prevailed, by yeas respectively have instituted against their 29, nays 12, (see Table of Yeas and Nays, debtors since the suspension of specie pay- No. 31.); and the other, to insert, in the meats, and the amount due from each, dis- section which required them to keep on crimninasing as above. hand an amount of specie equal to one- This resolution was opposed, as un- fourth of their circulation, the words and justly harsh and severeas contrary to private deposites, so as to require specie the views and wishes of the people of the to the amount of one-fourth of their aggre- Districtas calculated to cause a delay, gate circulation and private deposites, and at the same time an excitement, inju- (excluding special deposites.) rious to the public and to all the interests This amendment was advocated by involvedand as an improper inquisition Messrs. Buchanan, Clay of Alabama, into private affairs; and it was laid on Benton, Hubbard and Niles, atid opposed the tab!e by the vote of yeas 31, nays 10, by Messrs. Rives, Crittenden and Davis. (see Table of Yeas and Nays, No.34.) It was not successful, being rejected by The question was finally taken on Mr. the vote of yeas 19, nays 22, (see Table Bentons substitute, as given above, cn of Yeas and Nays, No. 32.) Monday, May 21stthe bill having been Mr. Hubbard then moved to amend about a week under discussion, though the same section by substituting one-third more than once interrupted by the inter- instead of one-fourlh, as the proportion of vention of other business. The substi- specie to circulation to be kept on hand; tute was adopted (the second clause of the which prevailed by yeas 32 nays 10, (see proviso, relating to the notes of other Table of Yeas and Nays, No. 33.) banks,having been striken out on the mo- Mr. Niles moved a further amendment, tion of Mr. Buchanan) by the vote of by striking out in the same section, all af- yeas 24, nays 16 (see Table of Yeas and ter the word circulation, and inserting Nays, No. 35)the original bill of the and should the amount in any one quar- committee being thus rejected; and the ter fall short of that proportion, the presi- bill thus amended was passed and sent deiit and directors for the time being shall to the other House, by whi~h it was con- be responsible in their individual capaci- curred in. Congressional history. The Senate. [April, 160 TIlE ANTI-DUELLING BILL, had operated favorably against duels, and This Bill, which was introduced by that a similar enactment in the District of Mr. Prentiss, of Vermont, on the second Columbia would produce a similar effect. of March, arew out of the excitement to That the sentiments of the people in the which the death of Mr. Cilley,of the District were in unison with the tenor of House of Representatives, gave rise Its the bill, judging from their actions during h not onl the past melancholy montll. It was fur- object was to prevent and punis , y r contended that this bill secured the duelling within the limits of the District ~he of Columbia, but also any evasion of its independence of Congress, without which provisions by goin~ beyond the limits of the confidence of the nation could not the District to fight a duel, or send a chal- much lon~er be preserved; that the late lenge, on a quarrel originatirlo within lamented death of Mr. Cilley gave birth them. The Judiciary Committeto which to the hill, and that the public feelin_ of it was referred reported it back to the Se- the country would not be satisfied with- nate on the sixth, with several amend- out the passa6e of such an enactment. ~ents, the most important of which was That the exanlples of other countries the substitution of imprisonment in the cited against the bill, proved nothin~, for penitentiary for a term of from ten to in Englandwhich had been quoted as a twenty years, for the original penalty of country where the laws a~ainst duelling death. had produced no good effectthere were The Bill (which was taken up on the many other crimes among the higher or- thirtieth of March, and engaged the at- ders, which were equally atrocious and equally prevalent but the existence of tention of the Senate, for the most part, till tile sixth of April) was su orted crimes was ao argument against the laws ~. of the country which forbade them, al- principally by Messrs. Prentiss Smith th of Connecticut, Grundy, Niles, Smith, of ouoh it spoke but little in favor of the Indiana, Hubbard, Clayton and Clay, of manner in which those laws were execu Kentucky, and was opposed in whole or ted. It was held that to punish the duel- in part by Messrs. Preston, Sevier and list who should leave the District for the Linn, but at the final vote Mr. Sevier was purpose of challenging was right and the only one whose vote stood recorded proper, and had no tendency to interfere against it. with the jurisdiction of any State. It was argued by the supporters of the The crime consisted in leaving the District Bill, that the practice of duelling was con- for the purpose of challenging and fi~hting demned by all laws, human and divine an individual elsewhere. To fiaht a duel that every eina morally wrong, to leave the District it was regarded as a crime by government in Christendom, wac subver- for the purpose of fightisy was morally sive of the great principles of the Chris- wrong also, and might be made equally tian religion, and ought not to be tolerated wrongnby prohibition of statute, and, es- by any civilized people. It was stated peciahly when in concert between more that as much was to be expec.ted from the individuals than one constituted a con- moral power of this law, if it passed, as spiracy, of which the District was ths from its penal enactments, and that no scene. man of honor could fight a duel after the It was averred, that if Congress did its passage of such an act; that the people duty, the law would not be violated with demanded and expected some prohibition impunity; that the privileges touching of this odious and sinful practice. the freedom of debate, secured to that body It was contended that all enactments by the Constitution, were for the wisest against crime had grown out of some act purposes, and should sacredly be observ- ed; and that no man, directly or mdi- of villany, and that no distinction could reetly, should become the instrument of be drawn between a murder in a duel and their violation. a murder out of it, the effects beino the ~, In conclusion it was argued, that the same in either case; and that a punish- measures best calculated to suppress duel- ment of the severest dye should be meted hing were of enurse, the most proper; out to the criminal, that the seconds and surgeons might be It was further contended that the pen- exempted from punishment, upon their pIe who sent their Representatives to Con- becoming witnesses in the case; that this gress would have to accompany them Bill left the Common Law in full force, with a body guard for their personal pro- neither interferin_ with its offence or pun- tectionunless there was someharrierplaced ishment; it punished all the preliminaries between them and the liability to the to a duel, and left the remainder to the formal murder of the duel for words Common Law. spoken in debate. It was further proposed to render per- It was argued that duelling had no ad- sons offending under the act incapable vocates in the abstract, and if any diffi- ever after of holding any office or ap- culty should arise in carrying this law pnintment under the authority of the Uni- into effct it would be in obtaining proof ted States. But this was rejected. to convict. That the State enactments [vo BE coNTiNuED.] United States Democratic Review Volume 4 Page 161 This page was not available at the time of scanning. The image file will be included when a replacement page has been located. United States Democratic Review Volume 4 Page 162 This page was not available at the time of scanning. The image file will be included when a replacement page has been located. United States Democratic Review Volume 4 Page 163 This page was not available at the time of scanning. The image file will be included when a replacement page has been located. 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United States Democratic Review Volume 4 Page 175 This page was not available at the time of scanning. The image file will be included when a replacement page has been located. United States Democratic Review Volume 4 Page 176 This page was not available at the time of scanning. The image file will be included when a replacement page has been located. 177 CONGRESSIONAL HISTORY. THE SECOND SESSION OF THE TWENTY-FIFTH CONGRESS. (CONTINUED.) THE HOUSE OF REPRESENTATIVES. ORGANIZATION, that which proposed to refer to the Corn- THE due assemblage of a quorum of mittee of Ways and Means the portions both Houses of Congress on the day relating to the finances and the safe appointed by law, the first Monday in keeping of the public moneya desult- December (Dec. 4th)the usual inter- ary debate commenced, which had the change of messages to that effect, with effect of retarding the reference of all the appointment of a joint committee to the other several portions, till the 10th of wait upon the President to inform him January; when it was finally effected, that the Congress was prepared to re- with the exception of the Committee of ceive any communication from himthe Ways and Means. The debate corn- receipt, on the following day, of the Annual menced by a long speech from Mr. Wise, Message of the Chief Magistrate, with objecting to the reference of that subject the accompanying documentsthese se- to that Committee. It was continued on veral facts of the organization of the several occasions, embracing numerous House have been already stated at the speakers on both sides of the House. commencement of the historical review This debate consisted simply of general which has been given of the proceedings attack and defence of the Administration, of the Senate, at the Second Session of and its policy in relation to the public the Twenty-Fifth Congress. The num- finances. The question of reference being her of members present at the opening of in Committee of the Whole, and there- the session was one hundred an~l sixty- fore not subject to the application of the three. All the officers of the boay hay- Previous Question, it is evident that all ing been appointed, for its whole term, desirous of making it the occasion for at the preceding session, 110 other election the delivery of general speeches of Op- had to be made than that of a chaplain; position had it in their power to do so~ which took place on the 11th, and re- the fact of that Committee having at the suited, on the fourth ballot, in the choice late session reported in favor of the of the Rev. Mr. Reese, of Washington policy of the Administration, opening the City. whole ground of its merits, in all their The principal door-keeper of the House, bearings and conncxions. The speeches Mr. Overton Carr, having died during the of its friends during the course of the course of the session, suitable respect debate were of course on the defensive~ was paid to his memory by an adjourn- in reply the attack to which they were ment at an early hour for the purpose of subjected. The hopelessness of bringing attending his funeral,his salary being to any other close this species of guerilla also continued to his widow for the re- warfare, at last compelled the latter to mainder of the session. An election to abandon the reference in question; and to supply his place resulted, on a ~ixth ballot the compromise of its surrender, to obtain~ (April ~th) in the appointment of Mr. as before stated, the reference of the Folan.sbee. other portions of the Message to which The Standing Committees were ati- no exception was taken, so as to set in nounced by the Speaker on the second train the maim bulk of the regular busi- Monday of the session, December 11th. ness of the session. The raference of the sevetal parts o~ It may here be mentioneA that although the Presidents Annual Message to the at the opening of the preceding session appropriate Standing Committees, which a protest had been made, by Mr. Cushing, is usually a matter of course as one of against the improper looseness of the the earliest steps, at the commencement mode in practice of organizing the House, of the session, towards the despatch of at the opening of the first session of a business, ivas moved by Mr. Haynes on Congress, no farther action was had on the 15th Dec., the House being resolved the subject, at the present session, than into Committee of the Whole to which the introduction of a resolution, by Mt. the Message was referred. On the third Adams, (Feb. 19th,) requiring each mem- of the series of resolutions moved by ber to deposite his credentials with the Mr. Haynes for that purposeto wit, Clerk, and forbidding that officer to call

Congressional History. The Second Session of the Twenty-Fifth Congress. The House of Representatives 177-202

177 CONGRESSIONAL HISTORY. THE SECOND SESSION OF THE TWENTY-FIFTH CONGRESS. (CONTINUED.) THE HOUSE OF REPRESENTATIVES. ORGANIZATION, that which proposed to refer to the Corn- THE due assemblage of a quorum of mittee of Ways and Means the portions both Houses of Congress on the day relating to the finances and the safe appointed by law, the first Monday in keeping of the public moneya desult- December (Dec. 4th)the usual inter- ary debate commenced, which had the change of messages to that effect, with effect of retarding the reference of all the appointment of a joint committee to the other several portions, till the 10th of wait upon the President to inform him January; when it was finally effected, that the Congress was prepared to re- with the exception of the Committee of ceive any communication from himthe Ways and Means. The debate corn- receipt, on the following day, of the Annual menced by a long speech from Mr. Wise, Message of the Chief Magistrate, with objecting to the reference of that subject the accompanying documentsthese se- to that Committee. It was continued on veral facts of the organization of the several occasions, embracing numerous House have been already stated at the speakers on both sides of the House. commencement of the historical review This debate consisted simply of general which has been given of the proceedings attack and defence of the Administration, of the Senate, at the Second Session of and its policy in relation to the public the Twenty-Fifth Congress. The num- finances. The question of reference being her of members present at the opening of in Committee of the Whole, and there- the session was one hundred an~l sixty- fore not subject to the application of the three. All the officers of the boay hay- Previous Question, it is evident that all ing been appointed, for its whole term, desirous of making it the occasion for at the preceding session, 110 other election the delivery of general speeches of Op- had to be made than that of a chaplain; position had it in their power to do so~ which took place on the 11th, and re- the fact of that Committee having at the suited, on the fourth ballot, in the choice late session reported in favor of the of the Rev. Mr. Reese, of Washington policy of the Administration, opening the City. whole ground of its merits, in all their The principal door-keeper of the House, bearings and conncxions. The speeches Mr. Overton Carr, having died during the of its friends during the course of the course of the session, suitable respect debate were of course on the defensive~ was paid to his memory by an adjourn- in reply the attack to which they were ment at an early hour for the purpose of subjected. The hopelessness of bringing attending his funeral,his salary being to any other close this species of guerilla also continued to his widow for the re- warfare, at last compelled the latter to mainder of the session. An election to abandon the reference in question; and to supply his place resulted, on a ~ixth ballot the compromise of its surrender, to obtain~ (April ~th) in the appointment of Mr. as before stated, the reference of the Folan.sbee. other portions of the Message to which The Standing Committees were ati- no exception was taken, so as to set in nounced by the Speaker on the second train the maim bulk of the regular busi- Monday of the session, December 11th. ness of the session. The raference of the sevetal parts o~ It may here be mentioneA that although the Presidents Annual Message to the at the opening of the preceding session appropriate Standing Committees, which a protest had been made, by Mr. Cushing, is usually a matter of course as one of against the improper looseness of the the earliest steps, at the commencement mode in practice of organizing the House, of the session, towards the despatch of at the opening of the first session of a business, ivas moved by Mr. Haynes on Congress, no farther action was had on the 15th Dec., the House being resolved the subject, at the present session, than into Committee of the Whole to which the introduction of a resolution, by Mt. the Message was referred. On the third Adams, (Feb. 19th,) requiring each mem- of the series of resolutions moved by ber to deposite his credentials with the Mr. Haynes for that purposeto wit, Clerk, and forbidding that officer to call 178 Congressional History. the name of any member appearing to for the abolition of slavery and the slave~ claim a seat, without producing his cre- trade in the D. C., Mr. Adams moved dentials. The resolution was, however, their reference (together with those laid on the table, from which it was presented at the late session, embracing never again called up for consideration. upwards of 50,000 signers) to the Corn- mittee on the District, with instructions SLAvERY, to consider and report thereon. Each A very full view has been presented being separately offered, a motion was above of the action and debates called made on each occasion by Mr Wise to forth by this exciting subject in the lay the motion of reference on the table; Senate, at the present session, chiefly on which was carried, in the case of the first, the occasion of Mr. Calhouns resolu- by the vote of 135 to 70, (See Table of tions. In the House the presentation of Yeas and Nays, No. 2.) and in the others Abolition petitions gave rise to much as a matter of course, without a count. agitation, which at one period appeared to This procedure involving a reception of threaten serious consequences. the petitions by the House, against which A vast number of petitions were pre- a large portion of the Southern mem- sented from citizens, male and female, bers had always strenuously protest- of the non-slaveholding States, various ed, Mr. Lawler, of Alabama, at last, in form, yet all designed to bear directly before Mr. Adams had concluded his pile upon this common object. Of these of petitions, raised the preliminary ques- petitions some were for the abolition of tion of reception. On this the vote was, slavery and the slave trade in the District in favor of reception, 144against it, 60, of Columbia; some for the suppression of (See Table of Yeas and Nays, No. 3.) the slave trade between the different And on the presentation of one praying States of the Union, under the constitu- for the abolition of slavery in the Tern- tional power of Congress to regulate tories, with a motion for its reference to commerce, internal and external; some the Committee on the Territories, the for the abolition of slavery in the Tern- vote on the motion, by Mr. Wise, to lay tories, of which the supreme goverutnent on the table, was, Yeas 127, Nays 73. resided in the United States ; others pro- (See Table of Yeas and Yays, No. 4.) tested against any future admission of a After these votes, which took place on Slave State in the Union; while a very the 12th of December, establishing the large class remonstrated against the determined sense of the House on the annexation of Texas to the United States, disposal of these petitions it was sup- which proposed measure had been con- posed that all others of a similar nature siderably agitated in the newspaper dis- would take the same direction as a matter cussions of the day. of course, without farther controversy. On the first day allotted by the rules On the Monday following, however, Mr. of the House to the reception of petitions, Slade of Vermont, on presenting some the subject was brought up by Mr. Adams, petitions from his State for the abolition of Massachusetts, who presented a of slavery in the District, and giving number of petitious of three different notice that he should address the House classes. On offering several against the on the subject, the motion of reference annexation of Texas, he muved their came up on Wednesday, and the House reference to a select Committee, with was thrown into a violent agitation by the instructions to report. Mr. Howard moved course of the remarks of Mr. Slade ; who their reference to the Committee on extended his argument gradually, from Foreign Relations; against which Mr. the immediate question, to a general Adams protested, on the ground that a fair discussion of slavery in the Southern consideration of the subject was not to be States, especially in Virginia. A high expected from that Committee, consist- degree of excitement prevailed. A num- ing of six slaveholders to three members ber of Southern members called loudly from the free States. The debate which upon their brethren to retire from the arose on the question of referenceand Hall. Mr. Slade being arrested in his which assumed a tone of much excite- remarks, as out of order, and objection ment, from an allesion made by Mr. being made to his proceeding, before a Adams to the death of Lovejoy at Alton, vote was had upon that question the the inhabitants of which town he charged House adjourned (by Yeas 106, Nays 63) with the crimes of murder and arson in great confusion, notice being at the was terminated by a motion to lay on the same time proclaimed by Mr. Campbell, the table, ~vhich prevailed by the vote of of South Carolina, that the Southern 127 to 68. (See Table of Yeas and delegations were then assembled in the Nays, No. 1.) room of the Committee for the District On presenting a large number praying of Columbia; and that he was instructed Slavery. 179 by them to request the immediate atten- Several farther effort. were made du- dance of all gentlemen representing ring the course of the session to procure slaveholding interests on that floor, the rescission of this resolution, or to On the following morning, (Dec. 21st,) evade its effect. A short time after, Mr. it was generally understood that the Cushing, of Massachusetts, made a mo- Southern delegations had been unani- tion, thst certain joint resolutions of the mous in their determination, at the meet- Legislature of his State, presented by him ing of the preceding evening, to withdra~v at the last Congress, on the right of pe- from the Congress, and to return home to tition, be taken from the files, and referred their constituents, if some effectual mode to a select committee, with instructions were not adopted by the House to put an to report a resolution rescinding the order end to such agitation of the subject of of the 21st December, by virtue of which Slavery on the floors of Congress, as all Abolition papers were laid on the ta- they had yesterday had to listen to. Mr. ble. The question of order being raised Patton, of Virginia, therefore, offered the on the reception of this motion, it was de- following resolution, immediately after cided by the Speaker, that, the mover the assemblage of the House, as the re- having made a statement of the contents sult of the consultations of the Southern of the resolutions of the State Legisla- delegations: ture referred to, which were to repeal Resolved, That all petitions, memo- Mr. Pinckneys resolution, (in substance rials, and papers, touching the abolition the same as that of Mr. Patton , the of slavery, or the buying, selling, or trans- whole subject came under the order of ferring of slaves, in any State, District, the House, requiring all papers relating or Territory of the United States, be laid to abolition to be laid on the table; and on the table, without being debated, Mr. Cushings motion was accordingly printed, read, or referred, and that no far- so disposed of. tlier action whatever shall be had thereon. About a month later, (February 5th,) The resolution being received by a Mr. Lincoln, of Massachusetts, presented suspension of the rules, Mr. Patton a memorial asking that the resolution in moved the Previous Question upon it, so question be rescinded; and moved its re- as to bring the question to an immediate ference to a select committee with in- vote without debateaccompanying his structiuns to report a resolution declaring motion with a few remarks, in which he the other resolution to be a violation of stated, that this resolution involved a con- the Constitutional guaranty of the right cession, so far as he and some portion of of petition in the people, and subversive the representatives of the slaveholding of the freedom of debate in their repro- States were concerned, which they made sentatives, and declaring the said recoIn- for the sake of peace, harmony, and union tion to be rescinded. This memorial the to allay, not to exasperate excitement. Speaker decided not to fall under the The Previous Question being ordered, operation of the general order. But on the following was the vote on the adop- the question of its consideration being tion of the resolutionYeas 122, Nays raised, as a point of order under that go- 74. (See Table of Yeas and Nays, No. neral rule, a motion was made and carried, 5.) Two members, on their names being (by Yeas 128, Nays 75,) that that question called, declined to vote, Mr. Adams and should be laid on the table; the effect of Mr. Wise; the latter because, while he which was to carry the whole subject with was unwilling to vote against the resolu- it, the coherent accompanying the prima- tion, he would net, by a vote in its favor, ry question. sanction the reception which it admitted At a later period in the session, the of the Abolition petitions; the former ris- members from Massachusetts presented ing in his place and declaring, that he a set of resolutions adopted by the Le- held the resolution to be in violation of gislature of that State, containing a strong the Constitution of the United States. assertion of the right of petition, and call- Mr. Duncan, who voted in the negative, ing for the rescission of the resolution of made an ineffectual attempt, during the the House of the 21st December. They call of the names, to obtain permission to were, however, laid on the table, on mu- assign his reasons for his vote. On the tion to that effect,without farther consido- the succeeding day Mr. Adams made an ration, notwithstanding earnest protests unsuccessful effort to amend the journal of Mr. Adams and others against so dis- of these proceedings, by the insertion of respectful a treatment of the solemn vuice his answer, above quoted, of which, not of a sovereign State. being in order, no notice was taken on the The principles established in the pro- journals. His motion to that effect was, ceedings above related, governed the ac- however, summarily laid on the table, tion of the House on this subject through- without a division, out the session. All memorials or papers~ 180 Congressional History. falling within the scope of the resolution gulf of unfinished business. So also was of the 21st December, were summarily the bill from the Senate in like manner laid on the table, while all others not Cu- lost, granting the right of way through vered by itsuch as those fur the rescis- the public lands to railroads and other sion of that resolution, or against the an- improvements constructed under the nexation of Texas, & c.were disposed authority of the States. Reported by of in like manner by special motion to the Committee on Public Lands, and that effect. So that no farther debate placed in its order on the calendar of his- was elicited or rendexed possible; though siness of the House,. it there, like so the number of memorials of this general many other measures, disappears from his- character was very great, which continued tory, being never heard of again. to pour in with increased, rather than di- The Graduation Bill shared the same minished quantitythe distinct element, fate. As early as Dec. 20th,. a bill of of theconstitistioisal right of petition, as that character was reported from the extensively understood at the North, be- Committee on the Public Lands, by Mr. ing added to the motives which had be- Boon, its Chairman., Upon that bill no ac.~ fore prompted the presentation of peti- tion was ever had. Another bill was sent tio0s of this nature., down from the Senate on the I ath of April; but though it was promptly re- PUBLIC LANnS. ported by the Committee on the P. L., it A very full view has been given of the was never reached nor acted upon. debates and action of the Senate on the The Pre-eniptiori Bill was the only one subject of the Public Lands. The three of the public bills, affecting the public important bills of a public nature, which lands, which received the final action of passed through that body, were the Pre- the House. This bill having been re- emption Bill, the Graduation Bill, and the ceived from the other body, was referred Taxation Bill. For the arguments ad- to the Committee on the P. L. on the 3d duced on the opposite sides, on these re- February, and reported back by Mr. Boon respective measures, the reader is referred on the 6th, with but two unimportant to those several heads. Covering the amendments; one of which was to ex- whole scope of the argument of which dude from its operation the Miami re- the subjects admitted, it is unnecessary, seryation, which amendment had been in noticing the history of the same bills twice unsuccessfully moved in the Sen- in the House, to repeat an analysis of that ate, by Mr. Smith of Indiana, as stated debate. Of these, the last named bill above, in the account rendered of its pas- was received from the Senate on the 12th sage through that body. It remained of January, being the first of those in re- unacted upon, notwithstanding the anxie- lation to the Public Lands, passed by that ty of the Western members generally for body; but although reported without its passage, for four months, owing to the amendment by Mr. Boon, from the Coin- absorbing character of the subjects which mittee on Public Lands as early as Ja- in the mean time occupied the attention nuary 17th, yet owing to the protracted of the House. It was at last taken up on debates which soon after engrossed the th,e 7th June,, and underwent an anima- attention of the House, and the pressure ted discussion for several days, in which of business toward the close of the sea- a great number of members took part, on sion, it was never acted upon; and wa,s the opposite sides of the general mes- thus of course practically lost. The bill sure, or on the detaila of the various from the Senate, authorizing the relin- amendments that were offered. On this quishment of the 16th section of every subject, it is sufficient for us to refer the township for public schools, and the sub- reader to the debate in the Senate, of stitution of other lands in lieu thereof,, which a full view has been before pre- which was received at the same time, sented. The same general course of shared the same fate. argument was reproduced in the House, A resolution was also introduced by by the respective friends and opponents Mr. Johnson, of Maryland, early in the of the bill. The amendments of the month of February, proposing to make Committee were concurred in by the similar appropriations of public land to House; as also one by Mr. Lincoln, of the old States, for the purpose of educa- Mass excluding from the benefit of the tion, as had been made to the new. Af- act such persons as should have before ter an elaborate speech in support of it, availed themselves of pre-emption rights~ by the mover, and a reply from Mr. Law- An amendment moved by Mr. Briggs, ler, of Alabama, it was referred to the designed to prevent the practice of taking Cotnmittee of the Whole; and never being pre-emption rights for the benefit of reached was swallowed up, with hundreds other persons than the bona fide settlers of other bills and resolutions, in the great and occupants, was also carried, by the Pablic Lands.Tlie Treasury Note Bill. 181 vote of, Yeas 113, Nays ~6. An amend- order which they would regularly take on ment, proposed by Mr. Mason of Ohio the calendar. to the effect that no faith should be con- sidered as implied, or ground of expec- THE CURRENCY AND THE PUBLiC RE- tation held out, for the passage of future VENUES. pre-emption actswas. lost by a large Following the method adopted above, majority. in the history of the Senate at the pre- Before the passage of the bill, Mr. sent session (see page 146), we shall here Underwood, of Kentucky, introduced a group together the different measures act- motion to recommit it to a select com- ed upon by the House at different pe- rnittee of one member from each State, nods, arranging them in their chronological with instructions to report a bill repealing order relatively to each other. Those en- the existing laws for the sale of the public titled to notice may be thus enumerated: landsestablishing a reasonable gradua- 1. The Treasury Note Bill. tion of priceallowing pre-emption to pre- 2. The Independent Treasury Bill. sent actual bona fide lettersand provi- 3. Modificati9n of the Deposite Act. ding for the distribution of the net pro- 4. The Bill for the sale of the U. S. ceeds of the public lands, or of the lands Bank Bonds. themselves among the several States, ac- 5. The Resurrection Note Bill. cording to their Federal numbers. This 6. The Banks and Currency in the Dis- motion was negatived by the vote of, trict of Columbia. yeas 79, nays 123 (see Table of Yeas and 7. Resolutions in relation to the Fi-. Nays, No. 6.) nances, & c. The bill was finally passed on the 1 Lth June, after a sitting protracted late in the THE TREASURY NOTE SILL. evening for the purpose. The vote on Mr. Cambreleng, frem the Committee the engrossment stood, Yeas, 132, Nays, of Ways and Means, reported two bills, 70. On the last question of its passage, the first on the 23d of March, the the names of Messrs. Boon, Bouldin and second on the 13th of April, to relieve Harper, who had been temporarily out of the early probable deficiency of the their seats at the preceding vote, were Treasury by the farther issues of Trea- added to the Yeas. On the return of the sury notes. On the 23d of April, he bill a few days after from the Senate with introduced another bill, differing slightly a slight amendment, the latter was con- from that last reported; urging stren- curred in by the House; and the addition uously upon the Ilonse the necessity of of the signature of the President speedily speedy action upon it. The substance of made the bill a law, the proposed bill was, to authorize the Several resolutions were offered du- Government to re-issue fresh notes, ring the course of the session in relation according to the terro.a of the act of to the Public Lands, which led to no ac- October 12th, in the place of those which tion; and a vast number of bills of a had been, or should be, returned upon it private or local Character passed through in the payment of duties, & c.which various degrees of maturitywith all notes by the provisions of that act were which unimportant details it is not deem- to be immediately cancelled. ed proper, in a general historical nasra- It was taken up for consideration on tive of this kind, to encumber these pa- the 11th of May, and debated with great ges. A simple reference will suffice here earnestness for five or six successive to a series of resolutions, by Mr. Robert- daysthe floor being for the most part son, of Virginia, aiming at a complete held by the opponents of the Administra- reorganization of the whole land system; tion and of the bill; its friends being together with a bestowal of portions of chiefly anxious to carry it through to as the public land upon the old States, in speedy a passage as possible. Of the the proportions of their original cessions former the principal speakers were Messrs. to the United States, for similar purposes Cushing, Thompson, Menefee, Southgate to those for which grants had been made Robertson, Mason, of Va., Johnson, of to the new States. Mr. Haynes also of- Md., Harper, Hawes, Dunn, Goode, Ser- fered a resolution aiming at a distribution geant, Tillinghast, Biddle, Bell, Randolph, of the public lands among the citizens of Hoffman, Wise and Garland of La., while the several States and Territories, ac- the only speakers on the other side cording to the rates by which direct tax- were, Mr. Carnbreleng, in opening the es are apportioned among them by the debate, and Messrs. Rhett, Jones, of Va., Constitution. Neither of these resolu- and Bynum. tions were acted on, their movers not It will be remembered that the proposed succeeding in obtaining a suspension of issue of Treasury notes for the relief of the rides, for their introduction out of the the immediate necessities of the Govern- 182 Congressional History. meritnecessities arising out of the consideration. To this amendment move indulgences extended bylit to the banks by Mr. Robertson, Mr. Stewart moved an and the merchants, largely indebted to it additional section, authorizing the issue for deposites and dutiesunderwent a of two millions in Treasury notes, for the very thorough discussion between the immediate present ensergency. The am- two parties at the Extra Session, when it endment of Mr. Robertson was finally was first brought forward. The present modified, so as to leave the number of measure was designed merely to carry millions blank, as also the date for and out more fully into effect the intention of after which they should be reimbursable the original bill ; by remedying a feature at the pleasure of the Government to in its operation which had not been suf- make the stock hereby created transfera- ficiently guarded against or anticipated at ble at the Treasury, under regulations to that periodnamely, the speedy return be prescribed by the Secretary of the of the notes in question upon the Go. Treasury; and to declare it a good vernment in the collection of its revenue ; eecution of this authority to borrow, to so as to reduce the time of the loan issue certificates of stock, signed by the which it made in this form, from the Register of the Treaaury, for the sum bor- contemplated period of a year, to only a rowed or any part thereof, bearing an few months. The debate on the present interest not exceeding per cent. per eccasion had naturally therefore to travel annum, transferable and reimbursable as over the same ground; though it branched before provided, the stock not being sold out in fact into a general consideration of under psi. It appears manifest that the the whole financial policy of the Admin- certificates of stock thus authorized. istration, and was for the most part would differ in little else than name, so rather a debate upon the Independent far as constituting a paper emission, from Treasury Billthen on the table of the the Treasury notes of the Bill. House, though not up before it for con- Mr. Bell also proposed a substitute sideration-than upon the immediate amendment, empowering the Executive practical measure in question. The to raise by loan a small sum, two mil- frienda of the Administration charged lions of dollars, to supply the i niediato upon the opponents of the bill an unpa- demands upon the Treasury. triotic desire to embarrass the ~nancial On the second day of the debate on sgtion of the Governmentto cut off the the bill (Saturday, May 12th,) an attempt suppliesand to waste days in factious was made by its friends to urge it without debate, designed for mere political effect, further delay through the forms of le- while in the actual condition of the gislation, by refusing to rise from Coin- public treasury hours were of urgent im- mittee of the Whole until the vote should portance. The charge was, however, there be taken upon it, so that it might strenuously denied, most of the speakers be reported to the House, and thus be in opposition diaclaiming any such design brought within reach of the operation of or wish, and insisting only on what they the Previous Question. The Previous regarded the objectionable mode in which Question not being applicable, by the the requisite relief was sought. rules of the House, when in Committee Mr. Hopkins, of Va. (Conservative) of the Whole, the majority have no power offered a substitute for the bill, empower- at that time to force any measure through5 ing the Executive to borrow, on the so long as any members of the minority credit of theUnited Statesv$lO,OOO,OOO, may choose to speak upon it. Under. per cent. per annum, payable quarterly, such circumstances, the mode sometimes reimbursable at the pleasure of the adopted by the formerthough rarely Government. The substitute also pro- with successis to sit the bill out, as it vided for the revival of the State bank is termed; that is, to refuse to allow the deposite system, through a selection of Committee of the Whole to rise,for the twenty-five banks, & c. being substantially, purpose of adjournment, till the fatigue of as to this portion of it, the same as the the lateness of the hour, or the exhaustion substitute for the Independent Treasury of the materials of debate, may bring the Bill which had been already unsuccessfully body to a vote. In the present case, the proposed by Mr. Rives in the Senate, sitting extending beyond midnight of (see ante, p. 147. This amendment was Saturday, the additional question was decided to be out of order; and Mr. brought into the struggle between the Robertson therefore moved its first sec- two parties, of the propriety of continuing tion (authorizing the loan of $10,000,000) in session on the Sabbath. During the without that portion which proposed to course of the evening no less than establish a deposite system, and which seventeen unsuccessful motions were was therefore inadmissible as entirely ex- made by members of the Opposition that traneous to the whole proposition under the Committee 4se ; which wete all The Treasury Nate BillThe Independent Treasury Bill, 1~3 decided in the negative by very close reconsiderhis object being to place votesthe vote being in several instances himself and his friends right before the made a tie (and therefore the motion country in their votes on this subject; the being lost) only by the casting vote of the mode which he preferred, for relieving Chairman, Mr. Logham. At last on the the wants of the Treasury, being that of eighteenth trial, a few members of the a direct loan for the bulk of the amount majority yielded, the hour being past one required, and a partial issue of Treasury oclock, A. M. The Committee rose and notes for the immediate exigency. On reported progress ; and on a motion to this motion for a reconsideration, the adjourn it was decided by the House in Previous Question was immediately called the affirmative, by Yeas 85, Nays 72, by Mr. Boon, the general subject having (See table of Yeas and Nays No. 7.) been already so long under debate. On the following Monday, a repetition It was defeated only by a tie produced of a similar struggle was only prevented by the vote of the Speaker, the vote hay- by a general agreement, offered by Mr. ing stood, Yeas, 110, Nays 10~ which Robertaun, that the question should be ta- the Speaker made 110 to 110 by availing ken nut of Committee on the next day, pro- himself of his right to vote, (see Table of vided that the Previous Question should Yeas and Nays. No. 8). Of the passage not be called before four oclock on that of the bill through the Senate, without day. However, nothing else was done but amendment, an account has been already the getting the bill into the Huuse, which given, (ante, p. 151.) did not take place till a late hour in the evening, the several amendments being THE INPEPENDENT TREASURY BILL informally acted upon in Cemmittee, for This measure, under the title of a the purpose of being offered in the House. bill for the collection, safe-keeping, trans- It was not, therefore, till the following for and disbursement of the public reve- day (Wednesday, May 16th) that the bill nue, was introduced into the House on was finally passed. the 2nd of March, by Mr. Cambreleng as On that day, in the course of a speech Chairman of the Comn~ittee of Ways and in opposition to the bill, Mr. Wise, of Means, accompanied with a report, on Va. in urging upon the government the the general subject of the financial condi- charge of incompetency, as evinced by its tion of the country, and the fiscal affairs present state of pecuniary embarrassment of the government. Referred to the referring to its long struggle with the Committee of the Whole on the state of Bank of the United Statesreplied to the Union, it remained unacted upon un- the objection to Mr Robertsons amend- til a few weeks before the close of the ment by the friends of the bill (namely, session. that there was no time to negotiate a In the mean time, however, the Inde- loan) that he thought, though not autho- pendent Treasury Bill of the Senate, of rized to say so, that Nicholas Biddle the character of which, aiid of its passage would take the loan, and pay the ten through that body, an account has been millions in specie. That monster, he already given (ante, p, 146) was brought said had withstood the colossal power of into the House on the 27th March. Its the government when it was colossal; opponents did not, at this session, allow and had maintained the credit of his it even the favor of the ordinary forms of bank both at home and abroad; and now a reference and debate; but anxious to that the Government was weak, and was stamp the measure from the outset with brought into contempt every where, Ni- a strong mark of their disapprobation, and cholas Biddle was able to loan the ten to exhibit at once to the country the ma. millions which it required to sustain its jority against it, Mr. Patton, of Va. (Con fiscal operations. servative) moved to lay it at once on tine At a late hour in the evening the Pre- table. This was not of course a final vious Question was at last moved by Mr. disposition of the subject, since the Cushman; the vote on which motion House bill which had been introduced by being a tie (99 to 99) was decided in the Mr. Cambreleng had its place on the cak affirmative by the casting vote of the endar, and could at a later day be taken Speaker. The final vote on the engross- up. On the introduction of the bill from ment of the bill was, Yeas, 106, Nays, 99. the Senate, Mr. Pickens protested against No direct vote therefore was had by Yeas it in its present emasculated shape, on and Nays in the House on Mr. Robert- giounds similar to those on v~hich its sons amendment, it being cut off, accord- final passage had been opposed by Mr. iug to the rules, by the Previous Question. Calhoun in the other body (ante, p. 148). Immediately after the passage of the The House was not full at the vote on bill, Mr. Rariden, who had voted in the Mr. Pattons motion, thirty-eight mem- affirmative, gave notice of a motion to bers being absent. The motion prevail- 184 Congressional History. ed by the vote of, Yeas 106, Nays 98. was in favor of the general principle of After the vote, Mr. Gray stated that he divorcing the public money from the had voted in the affirmative for the pur- banks of the ceuntry, and believed that pose of using the right it would give him the people of his district and of the State to move a reconsideration of the vote on generally would ultimately decide in fa- the following day. Though he gave no- vor of that doctrine. But having reason tice of a motion to that effect, he did not, to believe that a majority of his constitu- however, carry it into effect. ents were at this time opposed to the par- On Thursday, the 29th of June, the ticular measure under consideration, and House, in Committee of the Whole, took no opportunity being afforded of perfect- up the bill of the Committee of Ways and ing its details, he felt virtually instructccL Means, and held it under consideration to carry out their sentiments, and had for a week, with protracted eve ing sit- voted accordingly, and for the same reason tings. The speakers who conducted the should vote against the reconsideration; debate upon it were, in its fever, it being his intention soon fully to discuss Messrs. Cambreleng, Pickens., Drom- the subject before his constituents, who, goole, Hunter, Toucey, Potter and he had no doubt, would sustain his opi- Rhett; and in opposition to it, Messrs. nions, and enable him at a future day to Garland, of Va, Prentiss of Miss. Ken- vote more in accordance with them than nedy and Thompson. A very thorough he was now permitted to do. examination of the debate exhibits to us The views of the mass of the friends no points of argument of importance of the measure on the question of recon- which have not been already noticed in the sideration, were stated by Mr. Thomas, full account of the discussion of this mea- of Maryland. These were, that in the sure at the Extra Session, given above, present state of parties in the House, as Several amendments were offered exhibited by all the former votes having one by Mr. Thompson, as a substitute, re- relation to this measurea body of twelve ~~uiring the reception of the paper of or thirteen of the former friends of the sound specie-paying banks by the govern- Administration holding the balance of ment, and the organization of a system power, and being united with the Oppo- vf special deposite with banks to be select- sition against the billit was evidently ed by the Secretary ol the Treasury. impossible to pass it in any shape which Another, by Mr. Bronson, proposed to would be satisfactory to its friends, as suspend for two years those portions of embodying the leading great principles ceitain existing laws which now forbade involved in it. It was useless, therefore, the reception by the government of any to waste the brief remaining time of the bank notes under the denomination of session in idle debate. It was before the twenty dollars ; or of the notes of any people that all the parties must go, and banks which, since the 4th of July, 1836, neither he nor his friends had cause to had issued bills of less denomination than dread the issue of that appeal. The mo- five dollars. On these amendments no tion to reconsider was therefore lost, only votes were taken, Mr. Garlands motion twenty-one members voting in favor of to strike out the enacting clause of the it (Messrs. Boon, Bronson, J. Campbell, bill (thus summarily rejecting it in tote) Chancy, Davee, Fairfield, Foster, Gallup, having prevailed, on Monday, June 25th, Grant, Gray, Hawkins, Keim, Kemble, A. by ayes 92, nays 86, in Committee. McClellan, Miller, Montgomery, Morgan, The bill being then brought into the Parker, Parmenter, Snyder, and Taylor. House was there rejected by a decisive Mr. Robertson, after the defeat of the vote, being refused a third reading by bill, introduced a resolution proposing to yeas 111, nays 125(Messrs. Bruyn and establish a spccial deposite system in Jabez Jackson being absent, the former banksth& public funds (collected in bank Excused by the House on account of ill paper) not being mixed with other funds, health). The Previous Question prevent- nor used as a basis for banking operations ed the offering of any amendments in the and balan,es on hand being converted House. Mr. Foster, of New Yotk, how- into coin at the expiration of every two ever, who voted in the negative, gave months. It was, however, rejected by a notice of a motion to reconsider. (See large majority; the vote on his motion to Table of Yeas and Nays, No. 9.) suspend the rules, to enable him to offer This he accordingly made on the fob the resolution being, Yeas 70, Nays 123 lowing day; stating his object to be, to (seeT able of Yeas and Nays, No. 10) have the bill amended so as to conform it being understood, moreover, that the substantially to the provisions of the bill great bulk of those who voted in the affir- upon the same subject which had passed mative were of the party who regarded a the Senate some months since.-which National Bank as affording the only pro- w*uld make the bill acceptable to him. per system for the collection and custody Mr. Mallory of Va. stated also that he of the public revenues. 1840. 1 .illudjication of the Deposi7c Act 185 (CONTINUED FROM TUE hISTORICAL REGISTER, F ERUAl Y 1840 PARE 184.) Thus, at the present session, this im- XVise Mr Legare moved to strike out portant bill experienced the same fate that toe clause repealin the fist twelve sec- had attended it at the prevlous session tious ot th~ D po~ite Act which pre- having been passed in a modified form by vail( d by {c is 119 Nays litO, (see Table the Senate, and rejected, in every form, of Xc is md Jvys fNo 11 ) The effect by a small majority in the House. It of thIs a as to h. mm e the bill in the shape will be seen that some of the principles in whicll it xt ss onor to tie adoption of involved in it again came under the action Mr. Wrights amelidiement in the Seiiate, of the body in the consideration of the so that it simply removed time prohibition bill of which an account immediately against the reception of the bills of banks follows. which had issued small bills since July fourth, 1S36, provtded that they should MODIFICATION OF TIlE DEPOSITE ACT. issue no more of similar description after October first, 1838. It will be remembered (see ante, pa5e Mr. Curtis iIitr(iduee(l an aniendment 135) that after the final defeat of the lade- which ecabodied the substance of Mr. pendeiit Treasury Bill in the House, the Webiters proposition in the Senate, Senate, with the view to the adoption of (see ante, page 156 )reeeioving the dis- some le~sl system for the custody of the ability incurred by the banks, to be used public revenue, took up the question of 115 public depositories, by their suspension the modification of the Denosite Act of of specie payments cud issue of small 1836. TIse leading object of the Opposi- notes; acid repeabmig the second section tion was to procure tIme repeal oft hat pro- of the act of April fourteenth, 1836, for vision of the Act which prolsibited the the paymeat of Revolutionary and other reception of the paper of such banks as pensioners, which section it was that had issued bills under the denomination prohibited the reception of hdis of less of five dollars since the fourth of July, denomination thmmn twenty dollars iem 1836. The result of the proceedin_ s in payment of does to the Geivermiment. that body had been to repeal, on motion To this nateadmenit several amend- of Mr. Wright, the maui body of that meats mvete cifemed; one by Mr. Craig, Act, so as to throw the whole subject reqnirin~ every bank used R5 a public de- back tipon the orilnal act of 1789 for pository to keep one dollar in specie in the organization of tIme Treasury Depart- its vaults for every three of its hialmihitics. ment, together with the well known reao- This was negatived, Yetis 86, Nays 114. muon of 1816. A similtir motion by Mr. Parris. making This bill was taken up by the House the proportioa one 10 five, was also lost, on the day of its reception from the by Yeas 91, Nays 109. Senate, namely, on tise third of July. Mr. Coamphehl, of S. Carolina, moved On repeated occasions previously, at- to commit the bill to Ihe Committee of tempts fo d beea made in the House, by Ways and Means, with instructions to joint resolution, to effect time object of a amend it so as to provide that the Go- modification of the Deposite Actit verament deposite~ should not be used beia~ found, notwithstanding the defeat for banking purposes. It was lost, by of the Independent Treasury, that a Yets 97, Nays 111. (See Table of Yeas strong ground of advantage was afforded and Nays, No. l~2) A vote having, to its friends by that hitherto unthou6ht however, been taken at a hater hour on a of clause in the Deposite Act of 1836a simple declaratory assertion of that rein- measure to which in general they were ciple it was c immied in the afflimative by strongly averse. By the restnicti ~e opera- the castin vote of the Speak r the vote non of that clause, a coniiderable part at being Yeas 101, ,ays 101 (Ste F bh least of the objects of the Indepecident or Yeas and Nays, No. 13.) Treasury Bill would be attainedthe A motion by Mr Rives to coinammi. lime number of banks which had not dii- LII to 0 e s mine Committee xx oh insane (inahified themselves from selection ms tions to emend the same so as to disucast depositories, or for the reception of their with time aemmcy 0i instiumentabty oh paper by the Government, by the issue of banhi a the. fisci aoency of the Govern small bills since the date of July fourth, meat was also lost b~ Yeas 9~ Nays 1836, being excecoim ly limited Leave I1~ A roe trorm by Mi Fostei at a late was never, however UnDated in time Hoase houm to conimit the bill wmth inst~u for the introduction oh a resolution for its ton to mepoit e heill fom time cohlec ion repeal, a suspension of the rules by a s~f, hem pni cud disbumsem,nt of time pn two-thirds vote hem neces any fom tI o hic revenue so as to dispeemsc with time tm, purpose. of banks as depositoma thi iemmf xv s On the bill fioma the Sen~re hem I miien muled by the ~oemker to be out oh nmdem up for conside~armon it xn as eammi, s ly op s hemmi dati al w thi t mat of Mr Pives po. ed by Messrs Lc2r- 11m1ee efee crud whien ad ben teucerod llX~i ost hio vOL. ly. I 8t3 Co;egressioreal IIis/oy.House of Rep resent alit-es. [ March, unsuccessfully requested Mr. Rives, be- thre the vote on the motion of the latter gentleman, to strike from it the words or met re7leentalify/, which modifica- tion, ite said, would make it acceptable to him. Mr. Curtiss amendnlent was cut off on the followin~ day, July fourth, by a successful demand for the Previous dues- tionand the bill was then finally passed, in the slsape to which it had beett reduced, by a vote og Yeas 17 , Nays 33. (See Table of Yeas and Nays, No. 14.) And the amuadment of the House haviagheeti concurred in by the Senate, and the bill sined by the President, in that shape it becante a law. TttE BILL FOR THE SALE OF THE UNITED STATES BANK BONDS. Tsti~ bill wes received from the Senate (see ant pa e 150) on the sixteenth May, at the p rind when the Treasury Note Btll as ider discussion. Bein~ refer- red to the Committee of XV ays and Sleans, it a, not bioueht back into the House till th lose of the session, July fourth, xx b it s renorted without amendment. came toe subject of some debate, of a ~cral party character. The Chairman of the Committee of Ways and Means was clic wed with unfairness in havin declared bmself opposed to the measure of eb. s I of the bonds beloncina to the Govt rootout during the pendency of the ~ase j N te Pill, when it had been urged Lv the Opposition as a substitute for the issue of Treasury Notes. To this ~ I Cambreleng replied, that he still dis- tked as ha had always done, that the Government should dispose of its bonds in this, or in any form; but that they were now at the close of nearly a seven months session, and found themselves to have made extraordinary appropriations to an excess amounting to thirteen millions, and that the sale of these bonds was now ab- solutely tiecessary to meet these demands though he admitted it to he doubtful whether they could be negotiated or not. This excess of appropriations had not been altogether owing to the sole action of Congress, but principally on account of extraordinary exi5encies, such as Indian hostilities, new treaties, frontier difficul- ties, the new army bill, & c. Within the past ten days four and a half millions had been thus added to the expenses of the Government, of which the Committee of Ways and Means had no previous know- ledge. After these explanations the bill was passed without a division. THE RESURRECTION NOTE BIlL. This bill, which was received from the Senate, on the twenty-third of April, (see ante, page 148,) was reported by the Coin- mi;tee on the Judiciary, without amend- ment, on the twenty-fourth of May, and referred as usual to the Committee of the Whole. It remained unacted upon till the extreme close of the session, it hem generally supposed that it would not be allowed to pass, at least without long and warm debate in Committee of the XVhole; which, as the remainina period of the ses- sion shottened and the mass of business to be eted on accumul ted, it was retard- ed as ely inexpedient to provoke. On the evening, however, of Friday, July sixth Mi Thomas, of Maryland, made an energetic movement to bring up the bill foi piompt tind decisive action upon it WIule in the House, and there- fote has in~ the command of the Yeas and Nays with liability to the Previous Ques- tion, so as to enable the majority, if a ma- jority should exist in favor of the bill, to control its proceedings, he moved to discharge the Comntittee of the Whole from the con~ideration of this bill, for the pur- pose of taking it up in tile House. After an unsuccessful attempt by Mr. Stanley to lay the motion on the table, (82 to 93,) and by Mr. Mercer to postpone it till the followin~ day (77 to 88,) the mo- tion of Mr. Thomas prevailed by the vote of Yeas 98, Nays 94. (See Table of Yeas and Nays, No. 15.) The question being then on the third reading of the bill, three speakers occupied the floor in succession in opposition to it, Messrs. Preatiss, of Miss., Wise, Jeni- fecMr. Wise commencing his speech with a declaration that, unlessapledge should be given that the bill should not be forced through, he would continue to speak till every bill behind it should be destroyed, till the Congress itself should be defunct. Several unsuccessful attempts were made to adjourn; as also by friends of the bill to obtain the floor for the pur- pose of brin5ing it to the vote. It was not till the three successive speakers al- ready named had concluded, (about half past ten oclock,) that Mr. Andrews suc- ceeding iD demanding the Previous Ques- tion; which he was in vain requested to withdraw by Messrs. Serneant, Naylor, and MeKennan. And the Previous Ques- tion having been sustained without a di- vision, the bill was finally passed, by the vote of Yeas 87, Nays 79, (see Table of Yeas and Nays, No. 16,) and, being ap- 0roved by the President, became a law. THE BANKS AND THE CURRENCY iN TilE DiS- vaicv OF COLUMBiA. The bill for the suppression of small notes in the District was received from the Senate (see ante, page 157) as early as the 26th of December, and being referred to the Committee on the District of Co 1840.1 187 Resolmi ions in re1a/io,~ to the Fi,tances.c~c. fumbia, it was reported back to the House while the question was on its final pas- without amendment on January 25th. sage, for the purpose of amending it so as It remained unacted upon, with the great to prohibit the banks from declaring any mass of the business, till the close of the dividends while in the state of a suspen- session, and was not taken up till the last sion of specie payments. The Previous day, Saturday, July seventh, when it af- Question havin~, however, been demand- forded singular instance of the effect of ed by Mr. Thomas, and sustained liv the this mode of ne~lectina business durina House, the bill was passed, unamended, the course of the session, todespatch with by Yeas 130, Nays 45. And thus the bill, such rapid haste a great accumulation at being approved by the President, became its close. The bill havina been acted a law. upon by the Senate in the month of De- cember, tbe date at wltich it was go into REsOt.UTION IN IIETATION TO TIlE operation was designated as the first day }INANces,& c. of April next. Not hem taken up by the House till three months after that date, A vast number of resolutions, of differ- those words could only extend forward ent characters and objects were presented to the followtn~ year, notwithstaudina during tbe course of the session, by va- the manifest object of the friends of tIle rious itidividual members. By the prac- bill to carry it into prompt effect. Mr. lice of the House, when a resolution, on Thomas, of Maryland, perceiving the its introduction, gives rise to debate, or if operation of this expression, moved to objection is made to its imlnediate conside- amend by inserting Au~ust instead of ration, it lies over, that is to say, takes April. But an immediate demand bein~ its place on the calender in tIle regular made for the Previous Question by Mr. succession of business from which it can Chapman, a friend to the bill, it was be called up out of its turn only by a sus- agreed to by aeneral acclamation; and pension of the rules requiring a two-thirds its effect being to cut off all pendin.g vote. Monday of every week is assigrled amendments, the vote was taken simply for the introduction of resolutlons, memo- on the passage of the bill, which was car- rials, & c. On otiler days general consent, ned in the affirmative, without a division in its originsl form, a form which . , or a suspension of tile rules, is required. entirely In slumerous cases unsuccessful attempts neutralized its intended practical opera- were made t.o intruduce resolutions, of a tion. merely declaratory character, or desianed The charters of all tlse banks of the Dis- as mere partizan ath eks. With matter trlct expirlug on tile fourth of July of the of this kind it is not deemed proper to oc- present year, an early action on tlas sub cupy these p 1 es althouh for tile sake ject was obviously indispensable II ao ofglvrng coupieteness to tlsview of the of them only did not desire aeon ,nvsnce actv~n ot tie house oii titi ~etieral sub- of their existence, the Union B ink of lect of the Cii reilcy ii,id Fuolic UCeetlues, Geor~etown and the Bank of Alexa d i-i a selectini and 0,1(1 IlOtice of a few of which only applied for the extem on ot ttiese SCI 10 to be lice, 55 iiy their charters for a sin~le yeai fot the peti pose of winding up their affans bills to I ii~ subject of a Natoret Laa/~ wa which effect were passed without objee cutady dioppcd hy its fiieitds at the pre- tion. s~nt session except incicteitally itt occa As to the rest, the bill for their ecueral sional speeches on othei topics. Few pe- recharter, which was received from the titions in favor of such an establishment Senate on the 2d of May, (see ante, were presented and the oiily resolution pa~e 153) was reported bade to the House relatln-in it tiL. as iritioduced, was one hy the Committee on the District, on the, ebruiry ijineteenthon twenty-fifth of May, without ameiidmciit which i 0 02100 Xi Ci Ci It d, declaring Mr. Bouldin, the Chairman of the Corn- that Coo ress lioescss~s 110 power nuder mittee, accompanyin~ It with an earnest the C one itut(11i to ci shi a Nat~oiiai appeal to the House to act irrimediately Bank and diwcttns the C SOinOtice of upon it; for the oh juet of effecting whic \Vay-s end lusans to report a L1~i loi the that & ntleman did wait lie st ted t i I coib etioii en, od v end elea,a~ nent of had never don b toic iii xiely, to d~oaad the public levenne acedino dl eoiin tile Previous (.4u siaon Iliis hem Sos loll, peculimacv e ~d polord hetex eel the tamed by the Hons toe h 11 eVes taiteit up (xoXcirlmellt alit the hamilein insato and ordered to a turd r~-id by the von tions; and esoc a I I h,h~n the latter of 13 to 41. Ibis i qod is issa c of t i irons in Ic ane~ nei, dii cit 01 todnec bill was strenuously Oi)l5O~ d by I\I. Pet of gnccrooo.ot m jOetta is b u~is 01 rikin, who destred to oitsn aneweis to baiibin oocr boo & c various inquiries into toe conditioo o th- banks, the loans by oncers aiid dii c cit Amnolnoon xc soIl rd -tt on iticore aslikewiseby Me~obersot Cooress Mn oust if c soon (I 1n oiler snihi ) by Adams also wisnd to i~ n-nit fit hill LYe.. owl i Ito to~ lb ( anniot of 1 S~ Con~:csetoaai ihsiory.Housc of Rcp resenUtlives. [March, Ways and Means to report a bill to re- by tbe vote of Yeas 110, Nays 61. Mr. peal the act of the pre~edin session, by Hamer did not renew the attempt; but which the payment of the Fourth Instal- after makin an unsuccessful attempt, on meat of the Surplus Revenue was post- the succeedin~ Wednesday, to obtain per- })oned till the first of January, 1839; and mission to make an explanatory statement to provide for the immediate payment in relation to his resolution, on the follow- thereof. The resolution was nevercalled ing Monday lie obtained permission; and up by the mover, nor was any other action explainin~ his reasons for not renewing had during the course of the session in re- the motion, stated, that the necessity for lation to this subject. it lied been superseded by a recently pub- lished letter of the Secretary of the Trea In ieletiou to the existin~ suspension of sury in relation to the resumption of specie ~pecie pevinents by the banks of the coun- payments, and to the future action of the ny Mi. Adams, at the commencement of Treasury Department for the encourage- the sm scion moved to inquire into the ex- meat and assistance of the banks in that pediens~ of piohihkin.~ the banks of the course. That, moreover, the resolution DiKi ict o~ Columbiathe only ones with- would impose upon his political friends in the junsdiction of Con~ressfrom de- an emoarrassmn~ position, it being consi- lana divideiids ~vhile in a state ot sus- dered useless, susceptible of misunder- pension of specie payments. No action standin~ and calculated only to bring on was ever had upon it, nor did Mr. Ad ins, a premature debate on the general ~ubject as has been above remarked, succeed in of the currency, various amendments to im2orporatiii~ this provision as an amend- the resolution bein~ in contemplation on ment to the h)iil for the renewal of the ox- different sides of the lilouse. Mr. Under- l)irin~ charters of the District Banks, wood, of Kentucky, had in fact, given which was passed at a later period of the notice of a series of resolutions, by way session. ~ATith reference to the banks of amendment, covering the whole ground throu bout the country at lar~e, a resolu- ofthie future financial system to be adopted tion was introduced, on the 9th of April, for the Federal Government. by Mr. 1-lamer of Ohio, which excited a The matter did not entirely drop here. considerable sensation. It was in the fol- At a later hour on the same day, (Mon- lowing terms: day, April 16th,) Mr. Hopkins aesin in- Considering that the business, com- troduced the same resolution: hut the tuerce, circulation and exchanges of the House refused to suspend the rules for its country are in a deran~ed and embar- consideration by the vote of Yeas 116, rassed condition; and considering, also, Nays 82. (See Table of Yeas and Nays, that a part of the banks of the United No. 17.) Mr. Campbell, of S. C. hay- States have expressed a desire to resume tog voted under a misunderstanding specie payments at an early period, a ajast the suspension of the rules for the Reselced, 4-c. That if the banks, or introduction of the resolution, on the fol- a portion of them, do thus resume, it will lowin~ day, for the purpose of placing be the duty of the General Government, himself ri~ht before his constituents within the limits of its constitutional thou~h he had no distrust of the fair and authority to aid such banks in re~aining favorable intentionsof the Administration public confidence, and to sustain them in to encourace and aid the return to specie their laudable efforts to fulfil their obhi~a- payments by the banks of the country tions, to relieve the wants of the comma- entered a motion for reconsideration; on nity, and to restore to the people a sound which, however, no further action was cimculattn~ medium. had. In introducing this resolution, Mr. Hanier expressly disclaimed any such in- With respect to the medium through teation as had been imputed to him, of in- whiub the fiscal action of the Government simating that the Administration con- should hereafter 1)0 conducted, a seriea of templated a different course towards time resolutions was offered by Mr.Underwood resuming banks. As a general convea- on the ~8th of May, embracing the follow- ion of the banks of the TJnioa was to as- in~ principles: 1st, the notes of banks enable in Nexv York on the 11th of April, having a capital actually paid in of two that is to say, on the Wednesday succeed- millions, to he received throughout the big tIme Monday on which the resolution Union.; those of one million, within their w as introduced, Mr. Hamers object, as respective States; and those of less capital, otto, xvomds explained by him, w. s to exert at the discretion of the Secretary of the -efavoisbl influence aim the deliberations Treasury -2nd, the notes of no bank to of this Coax ention by this resolution, be received which shall refuse to give full xx hich was introduced on his own indivi- and satisfactory information to the Secre- dual motion without any counsel or ron- tary of the Treasury from time to time as err ~x ith his political friends. A vote of lie shall require it, as to its condition txx ) thuds being requisite to take it up out 3d, the paper of no bank to be receivable, of mt nidem liii muotion to that effect failed, which shall not always keep an amotmat 1849.] Foreign AJfairs. 189 of specie in its vaults, equal to one-half Foreign Affairs on the l9lh inst., and of its notes in circulation. These resolu- was reported back with an amendment, by tions were substantially the same with the Mr. Howard, tlse Chairman of that Coin- amendment to Mr. Hamers resolution mittee, on the 25th inst. It was taken up spoken of above, of which Mr. Under- for consideration on the 16th Feb., the wood had given notice. No action was House hem induced thereto by an earn- ever had upon them, they being simply eat appeal from Mr. Howard, accom- entered on the calender, at a hopeless dis- I)anied with evidence of a protected inva- tance from any prospect of ever being sion of Upper Canada by a considerable reached in the regular order. force in process of o%anization in the vicinity of Detroit. The amendment Resolution to rescind the Specie ~ircu- proposed by the Committee on Foreign tarOn the 14th of May, Mr. Boon, in Affairs, was to one of the provisos of the compliance with the wishes of his consti- bill as it came from the Senate. The tuents and a joint resolution of the Le~is- proviso was to the effect that notlsing in latore of his State, Indiana, introduced a the bill should be construed so as to in- joint resolution to prohibit, after the 1st terfere with any trade in arms or muni- June, 1838, any discrimination in the lcind tions of war, conducted in vessels by sea, of currency receivable by the Government. with any forei~n port or place wbatsoever,. for the different branches of the public which might have been lawfully carried revenue. Two resolutions of a similar on by citiz.ens of the United States under object havin0 been previously introduced, the existing laws. The amendment pro- by Mr. Bond of Ohio, and Mr. Sherrod posed to insert after the word whatsoever,. Williams of Kentucky, Mr. Bond, by the restriction contained in these words, ~eneral consent, withdrew his resolutions, other than ports or places within such so as to obviate an objection of order to conterminous state or coloay,that is, the reception of another of the same sub- such state or colony against which the stantial purport, and Mr. Boon made his hostile movements designed to be inter- motion to take up the resolution of Mr. cepted by the bill should be directed. Williams. For several days in succession The amendment of the Committee he- Mr. Boon renewed tlse motion, which was in~ a5reed to in the House, as also one to isever able to command the requisite vote limit the operation of tlse bill to two years,. of two-thirds, a large body of the friends an aainsated discussion arose upon the of tlse Admlnistration opposing its consi- aeneral merits of the bill, which continued, deration. On the 22d Mr. Williams at- to engage the attention of the House tift tempted to get up Isis resolution, with the 2d March. It met with violent oppo- similar success. On the 30th of May, sition from various quarters of the body however, Mr. Boon succeeded in bringin5 without distinction of party, while many the subject up before the House, on a inn- of its supporters were desirous of various tion to suspend the rules to consider the misodifications to make it acceptable to resolution from the Senate of the same them. The House became at length in- character (see ante, page 153) which had volved in a labyrinth of amendments, been received on the preceding day. The throu h which it is not worth while to at- rules were suspended by the vote of 113 tempt to conduct the reader. It became to 34, and the resolution was passed by apparent that it was impossible to pas the vote of Yeas 154, Nays 29. (See Table the Senate bill; as also that it was almost Yeas nisd Nays, No. 18.) equally difficult to amend it in nay such manner as to make it acceptable to a ma- FOREiGN AFFAIRs. jority. On the 24th Feb. (Saturday,) the Previous question having been called by Several important topics connected Mr. Petriken and sustained by the House, with the Foreigis Relations of this country a vote -was taken on the oriainal bill, as ems~a~ed the attention of Con~ress at tIme amended by the Houseall the pending present sessionnamely, 1st, the disturb- amendments hem5 cut offand it was lost ances on the Northern frontier growing by Yeas 7 Nays 88, (see Table of Yeas out of the civil struggle whi cli broke out and Nays, No. 19.) A motion to re- iii this Canadas; 2d, this Northeastern consider, by Mr. Patton, bavin~ however Boundary question; 3d, the state of our prevailed, this bill was a5ain before the- relations ~vith Mexico; 4th, Texas. House; when, ~fter some further discus 1. TIne Neutrality BillThe comma- sion a motion prevailed to refer it back to nications addressed to Congress by the time Committee on Foreign Afihirs. Executive, in relation to the disturbances At this period intervened an event on this northern frontier, and the burning of whichs for several days prevented atten- the Caroline, have been before mentioned, tion to any other subject, the death of Mr. (see aete, page 162.) The bill which Cilley; and it was not till this 1st March, passed this Senate on tIme 17th of January, Thursday, that the Chairman of the Coin- commonly called this Neutrality Bill, was mittee reported to the House a fresh bill, referred, in this Noise tothmeComomittec on the Committee having abandoned the ide~ 190 Con~ressioual IIisto;g.Ilottse of Represe2datices. [March, of amending the Senate bill so as to meet Administration, which the latter repelled, the apparent views of a majority of the of culpable remissness and supineness in House. On the following day this bill relation to the settlement of this question. was taken up, the Senate bill being laid The bill was reported to the House on the on the table, and under the operation of seventeenth of April by Mr. Fairfield, the Previous Q.uestion, moved by Mr. from the Committee on Foreign Affairs. Cushman, it was at length passed, by the On the twenty-ninth of May, on the ques- vote of Yeas 131, Nays 35, (see Table of tion of the reference ofa Message froni the Yeas and Nays, No. 20.) President in relation to the claims of the The most material feature of difference State of Maine for aggressions & c. com- between this bill and that of the Senate mitted on the boundary, a debate arose, in was, that the former, while it authorized which Messrs. Evans, Fairfield, Cushin~, the seizure, by the local executive officers and Howard, participated, and in which of the United States, of vessels and muni- the conduct of the Administration was at- tions of ~var desi~ned for foreign military tacked and defended, though a determined expeditions, or about to cross the frontier spirit was manifested on all sides to main- under circumstances of probable suspicion tam to any extremity the full integrity of of such intention, it required the said offi- the rightful claim of the United States in cers to apply immediately to the district this controversy. It was terminated by a judge of the district court of the United motion by Mr. Evans to lay the whole States, with affidavits of the circumstances subject for the present on the table. No justifying the suspicion, for a warrant to other action was had upon it till the close authorize the deteartian of the property so of the session, July seventh, when Mr. seized. The action of the Senate upon Fairfield reported from the Committee on the bill, on its bein~ sent up to that body, Forei5n Affairs, precisely the same reso- has been stated above. (See ante, page lutions which had been already reported 163.) by Mr. Buchanan in the Senate, on the During the course of the passa~e of this fourth inst., and adouted unanimously by bill through the House, there appeared to that body. These resolutions declared be a general concurrence in its leadin strongly the practicability of running the principle, the duty of the United States line of the treaty of 1783, and the perfect Government to prevent, by energetic conviction entertained by the body of the means, the interference of our citizens, or title of the United States to the full extent of of forei,ners within our limits, by or~an- all the territory in dispute, and an earnest ized military preparation, in the civil dis- desire that the pending ne~otiation should turbaiices of foreign states; notwithstand- be brou ht to a final decision as speedily ing that a strong jealousy was expressed as possible. They were in like manner of the powers proposed to be entrusted to adopted mnanineously by the House, sus- Executive officers, who, it was feared, pendin~ of course the occasion for any might sometimes use them on insufficient other action on the bill before the body grounds, to the oppression ofthe citizen, in to provide for the rutining of the boundary interference with his ri~hts of freedom of line; it being deemed that an important person and property, as auaranteed by the influence on the course of the pending ne- Constitution. gotiation could not but be exerted by so The affair of the Caroline made a stron ~ emphatic and unanimous a declaration impression upon the House; and gave of the views and the determination of both rise to some very emphatic expressions of Houses of Congress on the subject. indignation at what was retarded as a national outrage requirin~ ample atone- RELATiONS WiTh MEXICO. ment at the hands of the British Govern- ment. The subject of the unsettled state of the relations of the couiitry with I exico oc- THE NORTHEASTERN BOUNDARY. cupied the attentioii of the House on fre- ~ quent occasions, in various ways, durin~g The action of the House on this subject the course of the session, thou~ h no definite was substantially the same as that of the action of importance was deemed neces- Senate, (see ante, page 163.) A bill was sary by the body in relation to it. For the introduced on the seventh of February, by aspect in which this subject was placed at Mr. Evans, of Maine, providin for the the opeiiin~ of ae~sion the itdder is refer- runnin, of the boundary line by the Gov red t~pa~e 1b4, above eminent of the United States accordin to On the ci hteentn oh December, Mr. the treaty of 1783. Mr. Evans moved its Adanis prcs ntA a ni~morial from the reference to the Committee on Forein New Yomk Pea e Society piaying Con- Relations, which was done on toe ei htli giess to accede to the propoattion of the of March, after some debate between Mi Mexican Governmen~ to refei the pending Evans and Mr. Fairfield; both oh whom difficulties between thc two couiitries to an ~vere equally in favor of the bill thoti Ii impaitmal uhitet -md inomed to refer it to the former made the charge a ~mmat the the Come mttce on I otrin Affairs. On 1840. 1 Foieign. Relations. 191 the twenty~sixth of December, when this ficed or abandoned, yet there was nothing motion was under consideration, Mr. in the present relations between Mexico Hoxx aid, the Chairman of the Committee, and the United States to justify the con- informed the House that the Government tinued suspension of amicable negotia- of the United States had received no such tions, or a resort to any measure of hos- pro~osit~on in any official form from that tility on the part of the latter against the of Mexico. On the twenty-eighth, how- former. No action was had on these re- ever, he informed the House, that the solutions by the House. The subject was Mexican Minister had within a few days not again brought before the House till the brou~ht the proposition before the notice close of the session, June 29th, when, in of the Goveriirnent of the United States, reply to an inquiry by Mr. Biddle, the by communicating to it a copy of a de- Chairman of the Committee on Farei5 a cree which had been issued by the Mex- Relations stated, that since the opening iran Government. by virtue of a decree of the session, a marked change had taken of its Congr~ ss, addressed to the people place in the relations between the two of that Republic, by which the Guy- countries, a formal proposition for an ar- eminent was authorized to arranae with bitration having been made by the Mcxi- regard to claims of citizens of the United can Government, and accepted by the Pre- States, and to refer to thejud~ eat of a sident of the United States; arid that the friendly power with the concurrence of present attitude of the question was this, the United States, the decision of those that the Mexican Minister, flading him- upon which they could not come to a deter- self not possessed of the necessarypo~ver mination. This decree concluded with to execute a convention for the execution bombastic article, couched seemin~ly in of this arbitration, had applied to his no friendly spirit, declarins the Govern- Government for additional powers, which meat nuthoriz~d, in casethe United States he was now awaiting. Mr. Howard cx- ahould deny or delay the satisfaction pressed great dissatisfaction at this dila- which should he asked on thepartofMex~ toriness, which he regarded as not unde- ico, or continue the open aggressions al- signed, and his belief that the recent move.. ready committed, to close the ports of meat of the Mexican Government was trade of Mexico to the United States, only intended to baffle the proceedings of and prohibit the introduction or use of Congress, by holding out a prospect of an thtir manufactures, and to take all inca- amicable settlement, which he feared sores required for the purposes, and for would prove illusory. And he promised, the safety of the Republic. After some on behalf of the Committee on Foreiga desultory conversation the reference was Relations, a report before the expiration agreed to by the House. of the session. Accordingly on the 7th A resolution was also introduced by July, two reports were made, the one from iVIr. Adams, on the eighteenth of Decem- the majority of the Committee, the other her, in relation to the pamphlet of the late by Mr. Cushing as containin~ the views Mexican Minister, Mr. Gorostiza, spoken of the minority; which, calling for no of in the Report of the Secretary of State, action on the part of the House, and requestine the President to communicate leaving the subject in the hands of the Ex- a copy of the pamphlet in the Spanish Ian- ecutive, were simply laid on the table and guage, as also the name of the diplomatic printed. functioiiary of a forcian government, who 4. Tezas..Jt has been before mention- communicated a copy of said pamphlet ed that a great number of memorials were to the Secretary of State. This resola- presented during the course of the session, tion was held under discussion till the a~ainst the annexation of Texas to the twentieth of February, havin~ occupied Union. These were regularly on presen- the enornin hour for nine or ten days tation laid upon the table. On the six- at different intervals within that period, tecnth of April, Mr. Shields, of Tennes- with miscellaneous debate, in ~vhiich Mr. see, presented a series ofjoint resolutions Adams took the chief part, criticizing the of the Legislature of that State, declaring past course of the Administration in the a strong desire for the acquisition of conduct of its relations with Mexico. Texas by the United States by treaty or Two other resolutions were adopted at purchase at such time as might be deemed an early period of the session, requesting most expedient by Congress. These re- documents, & c. from the President in re- solutions were also, on motion of Mr. ference to the relations between the two Bronsoa, laid on the table, by the vote of countries, to which suitable and full re- Yeas 107, Nays 75, (see Table of Yeas turns were duly made from the Executive and Nays, No. 21.) Resolntions were department, which do not claim a more alsopresentedin favorof annexation from special notice here. On the 20th Feb., it the Legislature of Alabama, and against should also be mentioned, Mr. Adams in- it from those of Ohio, Michigaa, and troduced a serbs of resolutions, declaring, Massachusetts. On the twenty-eighth of that, at the same time that the just claims May, however, on motion of Mr. Adams, of American citizens should not be sacri- it was resolved, Ci that all the resolutions 192 Congresseoisal Hesto~y House of Representatives. [~Viarcb, *f State Legislatures, petitions and memo- it would be the ri~ht and duty of the free rials relating to the annexation of Texas people of the United States to resist and to the United States, presented at the late annul. and present sessions of Con~ress and laid Mr. Adams havin~ the floor, which had on the table, be referred to the Commit- been yielded to him by Mr. Howerd for the tee on Forei~n Relations, to which the purpose of movin,~ his amendment, began resolutions of the State of Massachusetts a speech on this day, on the ~eneral sob- ( against such annexation) and sundry ject involved in his amendment, which petitions a~ainst the said annexation have contioned to occupy the morning hour of already been referred. every succeeding day till the end of the Accordingly, on the thirteenth of June, session, ~ith the exception of the Moo- Mr. Droingoole, from the Committee on days, and one or two other days, differ- Forei~n Affairs, made a brief report to ently appropriated by special orders, or to the effect, that as there was no propo- by a waiver of his right to the floor. He sition now pendin~ in the House for the thus held the floor for fifteen days, and admission of Texas to the Union, or its on the last (July seventh) the terminatiOn territorial annexation to the United States, of the mornin~ hour brought Mr. Adams the Committee did not deem it advisable to a compulsory close, before he had ex- to recommend any action calculated to hausted alt his remarks. Durin~ the pro- prejudge any such proposition should it gress of this speech, several nmmbers of hereafter be made, or to forestal public sen- the Committee on Forei~n Relations ex- timent in relation thereto; and therefore pressed a great desire to have an opportu- that the Committee asked to be discharged nity of answerina it. Mr. Adams took from the consideration of the whole sub- a wide range in the course of his remarks, ject, and moved that all the papers re- embracina the subject of Slavery, the pii5t latin~ thereto, referred to them, be laid on action of the House on the right of peti- the table. tion, the right of women to petition, & c. Mr. Cusliin~, a member of the saute The floor was frequently yielded by Mr. Uornmittee, wished a more full aiid argu- Adams, for the presentation of reports, mentative report on the merits of this & c., and on Thursday, July fifth, lie asked question, and insisted that the proposition for permission to~ non, after the expiration made by the Government of Texas for of the morning hour, to finish his speech, annexation, not havina been withdrawn, which would have afforded to others aii was in fact, thou~h formally addressed to opportunity of reply, on the two remain- the Executive, before the House also as a ing days of the sessionwhich lea ~e was constituent portion of the Government of not, however, granted. So extraordinary the United States; and he therefore a circumstance as a speech of fifteen days moved that the report and papers be re- duration, even though there was no action committed, with instructions to report of the I-louse oa its subhect, we could tiot in full on the merits of the questintis pre- pass over without this mention. sented by them. Mr. Pickens declared himself ~n favor of Mr. Cushings motion, INOtAN AFFAICS. bein~ equally desirous, on the other side of the question, to go into it fully and at It is not deemed necessary to fill these once. pages with a particular account of the On the folloxvin~ day Mr. Thompson, multitude of bills, & c. relaiin~ to various of S. C., moved to amend the motion of subjects in detail connected with Indian Mr. Cushin~, by addin~ instructions to Affairs, which were before the House dii- report a joint resolution, directing the ring the course of the session. For these President to take the necessary steps for the the reader specially interested in them annexation of Texas to the United States, must have recourse to the johrnais and as soon as it can be done consistently with daily reports of the 1-louse. the treaty stipulations of this Govern- The important and bmterestin~ bill which meat. Mr. Adams, on the mmext day, passed this Senate (see am/c page 165,) for moved to amend the amendment, by sub- the erection of nil Indian Territory, with- stitutin5, as the instructions on the re- in which this experinment should be made commitment, that they should report a of the possibility of 5iving some 5enerah resolution in the words following: Re- political oraanization to the Indian tribes, sot-ted, that the power of annexing the with a view to their gradual elevation in people of any independent focei~n state the scale of civilization and prosperity, to this Union, is a power not delegated by was never acted upon by this House. It the Constitutiomi of this United States to was received from the Senateon the second their Con~ress, or to any departmemmt of of May, and reported back by Mr. Everett, their Government, but referred to tile peo- from the Committee on Indian Affairs, on ple; that any attempt by act of Congress, the twenty-third of May, with an amemid- or by treaty, to annex the Republic of ment; but taking- its place on this calen- Texas to this Union, x ould be aim usurp- der of busi-mess it was never reached nor alion of power, tmnlawftml and evil, which (xc em: CONTINUCO.) P340] Territorial AjJ~t.irs. 1q3 (CONTINUED FROM TIlE HISTORICAL REGISTER, FNBRUARY, 1840,PAGE 192.) referred to. was frequently before the house in the 1. Cherokee Affairs. On the 15th of passage of certain resolutions directing January, Mr. Everett presented the me- the Secretary of War to report thu morial of a Delegation of the Cherokee various facts in connexion with the war nation, remonstrating against the treaty with thembut these we do not consider of New Echota of December, 1835. it requisite to further notice. When the memorial again came before the House, it was moved, by Mr. Haynes, TERRITORIAL AFFAIRS. that it should be laid upon the table. This motion was decided in the negative Several Bills were brought forward by 94 to 93, (see Table ofYeas and Nays, in relation to the Territories, of which, No. 22.) Mr. Everett, in proposing that however, the following only were im- it should be referred to the Committe on portaut. Indian Affairs, said that this was a matter 1. A bill to divide the Territory of of as serious consequence, perhaps, as Wisconsin and establish the Territorial any which might come before the House Government of Iowa was introduced on during the session: the question ~vas of the 6th of June. It was objected to by importance not only as it regarded the Mr. Thompson of South Carolina, on interests of the Cherokees, but as it was the ground that southern members connected with the character of the ought not to give their consent to the American Government. This tribe had creation of a Territorial Government in at all times been friendly to the United the Northwest, when the fanatical spirit Statesit should he recollected that a of Abolition was constantly pouring into great number of its people had arrived the House memorials against the an- at a high state of cultivation, indeed, nexation of Texas, simply because it nearly as high as our inhabitants in the was regulated under the institutions of vicinity. Tb etreaty of which they com- the South. To this it was answered ,by plained when carried into force, pro- Mr. Adams, that the Constitution does posed to remove them from their homes, not allow the Government to make any which had been improved and made distinction between the northern and comfortable, and send them into the wil- southern parts of our country in the derness to seek new abodes. There creation of Territories. It was passed, was a treaty, however; and this seemed with the exception of a few atnendments to give a legal sanction to their renioval, of little consequence, in the form in which but it was the work of only eighty per- it was received from the Senate, by a sons, whereas the tribe consists of about vote of 118 to 51. eighty thousands, and these eighty were 2. A bill to authorize the people of unauthorized by the nation. Florida to frame a Constitution and Mr. Hopkius gave notice that he in- State Government, and to provide for tended to move a re-consideration of the the admission of said state into the vote refusing to lay the memorial on the Union. Although this bill was twice re. table. lie accordingly did so when the ported by the Committee on Territories, subject was again brought up, and the and earnestly pressed upon the con- Yeas were 123, Nays 86, (see Table sideration of the House by Mr. Down- of Yeas and Nays, No. 23.) So the ing, the Delegate from Florida, it was meumorial was laid on the table. permitted to lie on the table without any 2. Choctaw Affairs. Mr. Bell, from further notice. the committee on Indian Affairs, reported Ore,~on Territory. Much interest was without amendment Senate bill to amend occasioned by the receipt of the message an act for the appointment of commis- of the President relative to the Territory sioners to adjust the claims to reserva- west of the Rocky Motmntamns. Mr. tions of lands. The bill was then re Cushing moved to commit the same to ferred to a committee of the whole, and the Committee on Foreign Affairs, with reported by it without amendment. It instructions to inquire into the expedi. did not, however, pass the House with- ency of establishing a fort on Columbia out, on the motion of Mr. Bell, being River for the defence thereof and the made only applicable to those Indians expediency of making further provision who had emigrated west of the Missis- by law to prevent any intermeddling by sippi prior to the first of January, 1834. any foreign power with the Indians An account of the Indian hostilities there. In doing so he took occasion to bill will be found under the head of Ap- observe that if there should arise diflicul. propriafions. ties, (though he by no means anticipated The subject of the Florida Indians such, for our title was too clear both by VOL. IV. 0~ 194 Con~res~io~~al ifJiis1ory~.House of Rep. [Nov. & Dec. discovery and by actual treaty to be at all controverted) from this question, with England, who had a settlement at the mouth of the C olumbia, that hazard ought to be encountered and our rights maintained. Mr. Cushings motion was accepted, but the committee made no report upon the subject. Thus, although the matter was strongly recommended to the atten- tion of Congress by the Message of the President, neither in the Senate nor the House of Representatives, was any defi- nite step taken upon it. MISSISSIPPI ELECTION. It will be recollected that in the Histo- rical Register of the extra-session, an account was given of the debate which occurred upon the admission of Messrs. Gholson and Clairhorne, as Representa- tives from Mississippi. Since the facts of the case may have been, on some sides, forgotten, we will briefly re-state them. The regular local and congres- sional election for the state in question occurs in November,the extra session called by Mr. Van Buren was to com- mence in Septembertherefore, inas- much as the terms of the representatives expired upon the 3d March, Missis- sippi would have no representation in the called Congress The Governor accordingly issued a proclamation ap- pointing a day for an extra-election, making the proviso, however, that the members chosen by it should only serve during the extrasession. This re- sulted in the choice of Messrs. Gholson and Clairborne. It was contended that the Governor had no right to issue a a proclamation with such a proviso, and the Committee on Elections, to which the matter was referred, resolved, and the House itself established that these gen- tlemen were duly elected members of the 25th Congress. The power of the Governor to order an election for an extra-session only, was thus de- nied,and the ground taken that Messrs. Gholson and Clairborne were not representatives merely for the 1st session, but for the remaining part of the 25th Congress. In November, how- ever, the regular election took place, and Messrs. Prentiss and Word received the suffrage of the state on that occa- sion. They, then, on the 25th of De- cember presented to the Speaker a com- munication claiming seats on the floor of the House as Representatives from Mis- sissippii. Mr. Cambreleng moved to commit the same to the Committee on Elections, and the motion was accepted, though not till much debate had oc- cured in consequence of the following resolution offered by Mr. Pope. Resolved, that Mr. Prentiss and Mr. Word be qualified to take their seats as members of this House for the present Congress, and that the resolution of the last session, in favour of Mr. Claiborne and Mr. Gholson, be rescinded. Mr. Pope said that he did not at all conceive it necessary to refer a matter of this cha- acter to any Committee, the House itself being quite adequate to the decision of legal or constitutional difficultiesand he thought it specially wrong to refer it to that very Committee which had before declared these gentlemen ineligible. It was proposed by Mr. Graves of Kentucky that the claimants should have the privilege of arguing, and participa- ting in any debate which might arise in the House upon their case. Mr. Tillinghast supported him in this, but Mr. Hamer objected to it on the ground that Messrs. Prentiss and Word were to be considered as other memorialists, and therefore it would be opposed to all Paliamentary usage to admit them as their own counsel. A similar proposi- tion, from Mr. Bell of Tennessee, was, however, subsequently passed without a division. Mr. Gholson, it may be proper to remark, gave out that it was the intention of his colleague and him- self not to join in the discussionbut a written paper was presented to the House from Mr. Clairborne whom a se- vere illness confined to his bed, setting forth a defence of their position; its ge- neral tenor may be derived from the following extracts. The question that now presents itself is, shall the decision, thus made, (in Sep- tember,) be reviewed, to the end that it may be reversed, because differing in opinion from a majority of the House of Representatives, the Governor of Mis- sissippi, pursuing the literal tenor of a law of that state, has ordered a new elec- tion to till a supposed vacancy in its re- presentation, after the House of Repre- sentatives, the only constitutional judge in the matter, had determined thatno such vacancy existed? Had the new election not been ordered, or had the present claimants not appeared, is it for a mo- ment to be supposed that the House of Representatives, of its own motion, would have reversed its decision in favour of my colleague and myself, at this or at any other time? Is there any thing in the facts which require it to do so now 1840.j Appropriation~ Bills. 19~ Has anything occurred since the de- cision of the House in Septe~nber, which can justify a review of that decision l That the Governor of Mississippi, still satisfied of the correctness of the opinion entertained by him when he ordered the special election, should have ordered the late election was to have been anticipated. The House in confirming the election held in July last, decided in anticipation, that an election held in November would be a nullity. The Committee on elections, in accord- ance with the instructions it received, made a report upon the question; this was given in on the 12th January, but merely related to facts, and was submitted without comment or inference. We will notproceed further in any detail of this case, for the position of the oppo- sing parties must be evident :suffice it to say, the House decided, 1st. that Mr. Claiborne and Mr. Gholson were not re- presentatives from Xlississippi, (see Table of Yeas and Nays 24;) 2dly, that Mr. Preutiss and Mr. Word were not, (see T:ible Yeas and Nays 25;) and a resolution was passed, instructing the Speaker to inform the Governor of Mis- sissippi that that state was unrepresented. The votes upon these questions assumed generally the same party aspect which has been noticed in the account of the proceedings upon this matter in the Extra Session. APPROPRIATION BILLS. On the 28th of December, Mr. Cam- breleng from the Committee of Ways and Means, reported the usual bill for the civil and diplomatic expenses of the gov- ernment, which was referred to the com- mittee of the whole. Extended and wandering debates upon the many amendments from time to time offered, took place, in which the Administration was frequently with bitterness accused of lavishness in its expenditures. A strik- ing instance of this occurred in the mo- tion of Mr. Halstead to strike out the item for a jet deau on the south side of the Capital grounds. The gentleman occu- pied about two hours in contrasting the expenditures of the present Adminis- tration with those of that of John Q~uincy Adams, and in comparing the principles of Thomas Jefferson with tue practice of the party then in power. He was replied to with equal length, and in terms of equal severity, by Mr. Bynuin, who taxed him with having made the house a slang political lectare- room. He said he would not attempt any vindication of the Executive Depart- Inents of the Government upon the tri- fling appropriation for a fountain, be- cause the head of the Committee which originally reported the appropriation, was a distinguished member of the party to which Mr. Halstead belonged. The debate was here taken up by Mr. Lincoln, who was succeeded by Mr. Bell, of Tennessee, and it was con- tinued in a similar strain for the greater part of three days. The bill, however, passed without the amendment. The accustomed appropriations were made for the support of the Army, Navy, for revolutionary and other pensioners, and for the Indian Department. On the 24th January a bill was re- ported froni the Committee of Ways and Means, making partial appropria- tions for the suppression of Indian hos- tilities. This presented a fruitful source of discussion and discordant contention. No sooner did it come before the House than Mr. Wise and Mr. Downing en- gaged in alongdebate upon it. The form- er expressed it as his opinion that the war with the Seminoles, for the support of which the appropriation was intended, was an unjust and disgraceful one, and that he would not give his vote for the allowance of another dollar until he had received information as to how the former appropriations had been expended.. He believed that the sole cause of the diffi- culties being kept up was to be found in the great outrages which were being committed on the Indians, and the per- fidy of the Government Contractors to them. The latter defended the war,said hitherto there had not been the slightest charge against its validitynot even a whisper had been heard about unfair- ness or fraud. The treaty had been ex- ecuted on the part of Government in a calm and deliberate manner, so that the chiefs of the Seminoles had had ample time to reflect upon it. But it was with them as with the Cherokees, who after having received the money beforehand for their lands, when the time for removal came, set up the cry of fraud. He was astonished at the remarks of the Gentle- man from Virginia. The white men of the south might be butchered by hun- dreds, and the act looked upon with in- difference, hilt when coloured skins were concerned then was the outcry raised. Mr. Downing begged to inform the gentleman that there was not a single Government Contractor in Florida. The contracts were altogether made else~ 196 Congressional History Hou e of Rep. [Nov. & Dec. where. The poor citizens of Florida had received nothing more than six dollars a month for all their toil and labour and Gentlemenwere anxious to deprive them even of this scanty pittance, by refusing to vote for the appropriation. Mr. Cilley defended the policy of the Administration; he described the sym- pathy evinced for the red man to be akin to the attachment manifested to a race a little darker in the north. When he found his country at war, he did not stay to investigate its origin, or to inquire into little petty, miserable details about it, but he was in favour of taking such measures as would be most likely to bring it to a favourable and speedy conclusion. He was for pursuing the old New England plan of carrying on the war with vigour, for it was false policy and false philan- thropy to conduct it feebly. Mr. Wise moved to amend the hill by striking out one million and inserting five hundred thousand dollars. After a long debate in which Mr. Biddle, Mr. Glas- cock, and Mr. Bynum principally parti- cipated, Mr. Wises motion was lost without a division. Mr. Cambreleng, some days after, moved that the Committee of the Whole to which the subject had been referred, be discharged from the hill making partial appropriations for the suppression of Indian Hostilities; which being agreed to, he reported from the Committee of Ways and Means an amended bill, ma- king appropriations for preventing and suppressing Indian hostilities in the year 1838, and for arrearagesfor the year 1837. This bill after having occupied the greatest part of the attention of the House for nearly a fortnight was finally passed by a vote of 143 to 47. The following is a condensation of the report of the Clerk of the House of Representatives in regard to the appro- priations of the session. Civil and Diplomatic, $8,252,360 2~2 Army 5,127,860 10 Fortifications, - - 1,015,413 00 Protection of Northern Frontier, 625,500 00 Navy 6,062,136 30 Revolutionary and other Pensioners, . . 2,058,532 62 Current expenses of In- dian Department, . 3,002,427 73 Preventing and suppress ing Indian Hostilities, . 7,739,410 41 Harbours, . . . 1,536,008 93 Light Houses, - - 307,010 36 Vliscellaneous, . . 540,300 00 Private claims, - . 45,103 60 Total of appropriations, $38,413,064 87 DEATH OF ~ILtEY. As this subject created throughout the country a degree of interest and sym- pathy scarcely yet subsided, and as, in the unfortunate ardour of party division, various misunderstandings were im- bibed upon all sides, we shall make a point of strictly and fully stating every circumstance which appeared in evi- dence upon it. On the 26th February, Mr. Fairfield of Maine communicated to the House the death of Mr. Jonathan Cilley. He said that most melancholy and heart- rending were the facts connected with the departure of his late colleague, hut of these that was not the time to speak, and moved the resolutions usual upon such an occasion. The painful occur- rence was mentioned in the Senate by Mr. Williams, from the sanie State, who took opportunity to pay a tribute to the talents and usefulness of the late Mr. Cilley. He said that all who were well acquainted with him knew his character to be modest, ardent, generous and nohle,that his heart was faithful and abiding. He was a native of New Hampshire; patriotism and bravery were his inheritantshis grandfather being the distinguished officer in the revolution, General Cilley, and his bro- ther Captain Joseph Cilley the leader of the heroic charge under Colonel Miller, at the battle of Bridgewater Heights, in the last war. Mr. Cilley was in the meridian of his life, only thirty-five years of age. On the 28th of the month Mr. Fairfield asked leave to introduce the following resolutions: Resolved, that a Committee of seven Members be appointed to investigate the causes which led to the death of Hon. Jonathan Cilley, and the circumstances connected therewith, and report thereon to the House. Resolved, that said Committee have power to send for persons and papers, ar1d have leave to sit during the session of the House. Mr. Bell objected that whatever was proposed on this matter ought to be post- poned until the House became more calni. But the Yeas and Nays upon the motion for leave were called for by Mr. Parker, and being taken were found Yeas 113, Nays 31. (See Tahle Yeas and Nays No. 26.) Mr. Fairfield said that entertaining the views he did upon the awful tragedy in which certain Members of the House had lately participated, he had found it impossible to refrain from presenting the resolutions which had ju~t been read 1840.1 Death of Cilley. 19~ his conscience would not have permitted him to hold back. His late colleague had been deprived of life in a manner, and under circumstances, that seemed to him to imperiously demand an investiga- tion. But aside from the peculiar situa- tion of the case, and the peculiar duties resulting from it, an opportunity was opened which every good man ought to take advantage of, for assailing the in- human practice of duelling. Since he was a friend of the deceased, and his feel- ings were too deeply interested for calm deliberation, he hoped the Speaker would depart from the. ordinary rule, and not place him upon the Committee. Mr. W. C. Johnson was of opinion that these resolutions could have no salu- tary effects, because he did not know what power Conaress had to suppress duelling. It was an evil in the state of society which made it necessary for gentlemen in certain positions to resort to this mode of settling difficulties, but he did not apprehend how these resolu- tions could remedy that evil. As to the particulars, all the papers would give them. If it was stated that either of the parties in question had violated the laws of honour, had done anything to render them unfit companions for gentlemen, he would go as far as any one to institute an inquiry. He wished to know what right had the House to inquire into the private affairs of any individual ?what right had it to constitute itself as a tri- bunal of honour? Mr. Parker replied, that surely the district was under the controul of Con- gress,that surely the House had con- troul over its own Members. Although he had little acquaintance with the technical distinctions ofthecodeoflmoaour; he thought the transaction a violation of the laws of God and man,and he had yet to learn that every thing said upon the floor of the House, in discharge of duty, was to be with impunity construed into cause of personal contest. The passage of the resolutions was opposed by Mr. Dawson on the ground that they referred to nothing in the dis- charge of public business, the matter was strictly private betwixt certain Members of the House, and it was not right to take cognizance of it. If it was desired by this to get arguments for the abolition of duelling, he would say that no necessity existed for such a course,inasmuch as there were already, in the name of morality and religion, sufficient grounds for a law of the kind. Considerable controversy springing up, Mr. Fairfield, to meet the views of certain gentlemen, amended his resolu- tions by adding to them the following: And further to inquire whether there has been in the case alluded to, any breach of the privileges of the House. It was still objected that any action upon the subject ought to be delayed till a later day, and a mGtion accordingly was made to postpone the resolutions, this resulted in Yeas 84, Nays 117. Mr. Garland, of Louisiana, said that he should not vote for the resolutions, for he be- lieved they were altered for political effect, and Mr. Evans, of Maine, said that he should only vote for them because he hoped some good might he their result, but he could scarcely see any object in them. Mr. Fairfield indignant- ly replied to this. Mr. Calhotmn of Massachusetts moved to lay the whole matter upon the table; hut this was re- fused by Yeas 74, Nays 125. Upon the Main question being hut the vote stood Yeas 152, Nays 49 (see table Yeas and Nays No. 27.) So the resolutions where agreed to, and the following select Com- mittee appointed: Mr. Toucey, of Connecticut. Mr. Potter, of Pennsylvania. Mr. Briggs, of Massachusetts. Mr. Elinore, of South Carolina. Mr. Bruyn, of New York. Mr. Mr. Harrison, of Missoturi. Mr. Rariden, of Indiana. Mr. Briggs and Mr. Harrison obtain- ed leave to resign from the Committee, and to fill their places the chair chose Mr. Grennell, of Massachusets, and Mr. Grantland, of Georgia. Whilst the Comnuittee was preparing its report, numerous petitions from various sources were presented in re- gard to the duel betwixt Mr. Graves and Mr. Cilley, principally asking an inves~ tigation. On the 21st April, Mr. Toucey an- nounced that the Committee was ready to report, and moved that their report be printed first, and come under the consideration of the House a fortnight after. To this much objection was made by Mr. Robertson, who was not prepared for the printing of the report. He said it might be of a character by which the privileges of the House as well as the reputation of some of its members might be brought into ques- tion. He was for hearing the report in the first place read. Mr. Slade, in opposition to Mr. Ton- ceys motion to print and postpone, mainly argued upon the ground that be- fore printing the report, & c., it should 98 Congressional History.Hon~se of Rep. be ascertained whether or no the com- mittee had transcended their bounds. A long debate ensued as to the pro- priety of reading or printing the report firstbut the Speaker decided that the question had been settled, some years ago; that tin member could be called upon to vote upon a paper which had not been read. The clerk, therefore, was directed to read the report. We shall take such extracts from, and make such condensations of the report as are necessary to a proper understand- ing of the matter. In pursuing their investigation, the committee examined all whose testimony might be material. Messrs. Graves, Wise, and Jones, members of the House, were permitted to cross-exa- mine the witnesses, and the same leave was extended to Mr. Menefee, of the House, and Mr. Pierce, of the Senate, at their request. On the 24th of February, Mr. Jona- than Cilley fell by the hand of Mr. XVil- ham J. Graves, (the first a Representative from Maine, the latter from Kentucky,) in a duel fought with rifles, near the boundary line betwixt the District of Columbia and the State of Maryland. The causes which led to his death were intimately connected with the proceed- ings of the House. On the 12th Febru- ary, Mr: Wise, of Virginia, presented to the House a publication in the N. Y. Courier and Enquirer, charging a mem- ber of Congress with corruption, upon the authority of an anonymous writer under the signature of the Spy in Wash- inrton and therefore moved a resolu- tion for the appointment of a select committee to inquire into the charge, for, said he, the character of the au- thority, upon which the charge is made, is vouched for as respectable and authentic, by the editor of the Courier and En- quirer, and the House is called upon to defend its honour and dignity against the charge. Mr. Cilley addressed the house in op- position to the resolution. In the course of the debate, he said he knew nothing of this editor, but if it was the same who had once made grave charges against an institution of this country, and afterwards was said to have received facilities to the amount of some 52,000 dollars from the same institution, and then gave it his hearty support, he did not think his charges were entitled to much credit in an Americati Congress. These words were spoken in reference to a report of a committee, appointed to inspect the books and to examine into the proceed ings of the Bank of the United States, in which it was said that for sixteen months the New York Courier and En- quirer was warmly opposed to the Bank within less than nine months thereaf- ter, the bank made three loans, amount- ing to the sum of 52,975 dollars, which consisted of notes drawn and endorsed by the editors only, and in about a month after, the paper changed its course in favour of the institution. On the 21st February, Mr. Cilley re- ceived a note from Mr. Jatnes Watson Webb, the editor of the paper in ques- tion, by the hands of Mr. Graves, in which an explanation of the renmrks re- ported to have been used by Mr. Cilley on the 12th instant, was demanded. Mr. Cilley declined to receive this: whereupon Mr. Graves retired and ad- dressed hitn by note, saying, you will please tell me whether you did not re- mark, in substance, that in declining to receive Mr. Webbs note, yen hoped I would not consider it, in any respect, disrespectful to me: atind that the ground on which you rested your declining to receive the note was distittctly this that you could not cotisent to get into diffictilties with editors of public journals, for what you might think proper to say in debate; and that you did not rest your objection upon aty personal objec- tions to Colonel Webb as a gentleman. Mr. Cilley replied, by letter, that he neither affirmed nor denied anythitig in regard to his (Webbs) character, but stated that by the refusal he meant no disrespect to Mr. Graves. On the 22d of Febrtmary, Mr. Graves sent another note to. Mr. Cilley, as fol- lows: House of Representatives, February 22d, 1838. Sir: Your note of yesterday, in reply to mine of the same date, is inexplicit, unsatisfactory and insufficient. Among other things is this, that, in declining to receive Colonel Webbs commuttca- tion, it does not disclaim any exception to him personally as a gentleman. I have, therefore, to inquire whether you declined to receive his communication on the ground of any personal exception to him as a gentleman or a man of honour? A categorical answer is expected. Very respectfully, WILLIAM J. GRAVES. To this the following was sent in reply: [Nov. & Dee. 1840.] Deoth of Cilley. 199 House of Representatives, February 22d, 1838. Sir: Your note of this date has just been placed in my hands. I regret that mine of yesterday was unsatisfactory to you; but I cannot admit the right on your part to propound the question to which you ask a categorical answer, and therefore decline any further response to it. Very respectfully, JONATHAN CILLEY. The next morning Mr. Graves sent a challenge to Mr. Cilley, on the ground that he would not permit auy exception to be made to the character of those with whom he was in the habit of associating, which the latter accepted. Mr. H. A. Wise and Mr. G. W. Jones were ap- pointed by the two parties respectively to make the arrangements suitable to the occasion. Mr. Jones, as second to the challeng- ed person, arranged that at 12 oclock on the 24th, the combatants should meet on the road to Marlborough in Mary- land, with rifles,the distance should be Sf) yards,and the words, Gentlemen, are von ready? after which, neither an- swering No, the words should be re- peated in regular succession, Fire one, two, three, four. Neither party should fire before the word two, nor after the word four. Mr. Cilley was accompanied by his second, and Mr. Bynuin of N. C. and Colonel W. Schauiubnrg. as his friends, and by l)r. Duncan of Ohio, as his sur- gei)n. Mr. Graves was attended by his second, and by Mr. Crittenden of Ken- tacky, and Mr. Menefee of the same, as his friends, and by Dr. Foltz of Wash- ington, as his surgeon. The position of Mr. Graves was near a wuod and partly sheltered by it, Mr. Cilleys was on higher ground and in the open field. The calibre of Mr. Graves rifle was near- ly twice as large as that of Mr. Cilleys. The first shots were fired: both missed. Mr. Jones then inquired of Mr. Wise if Mr. Graves was satisfied? Mr. Jones, returned Mr. XVise, these gentlemen have come here without animosity to- wards each otherthey are fighting merely npon a point of honour: cannot Mr. Cilley assign some reason for not receiving at Mr. Graves hands Colonel Webbs communication? The chal- len,~e is suspended for explanations. Mr. Jones then proceeded to say that he was authorised by Mr. Cilley, to state that in declining to receive the note from Mr. Graves, he meant no disre- spect to Graves, because he entertained for him the highest respect and the most kind feelings; but he refused to disclaim disrespect for Colonel Webb, because he did not choose to be drawn into any expression of opinion as to him. Mr. Wise said that this left the matter as it was at fist. Mr. Crittendens account is that it was now urged on the part of Mr. Graves, that Mr. Cilley ought to make some snch explanation or declara- tion, as was asked, for the satisfaction of Mr. Graves; while on the part of Mr. Cilley, it was urged that Mr. Graves ought to be satisfied with the exchange of shots, without any such explanation or declaration. All the friends of the challenged party thought that the affair should now terminateand Dr. Foltz concurred with them in this. The dial- lenge, however, was renewed, the par- ties exchanged fire, but a gain they both missed. The friends again assembled, and the challenge being withdrawn, Mr. Jones used these words: Mr. Wise, my friend, in corning to the ground, and ex- changing shots with Mr. Graves, has shown to the world that in declining to receive Mr. Webbs note, he did not do so because he dreaded a controversy. He has shown himself a brave man, and disposed to render satisfaction to Mr. Graves. 1 think that the matter should end here. Mr. Wise replied that this did not alter the matter at allMr. Graves insisted that he had iiot borne the note of a person who was not a gentle- man, and a man of honour. He asked Mr. Jones whether Mr. Wise would say that he meant no disrespect to Mr. Graves either directly or indirectly. Mr. Jones answered affirmatively. But it was insisted that the fight should go on, unless Mr. Cilley made either a direct disctaimer of any personal excep- tion to Mr. Webb, or an indirect dis- claimer by placing the refusal to receive the challenge on the ground of privi- legeboth of which, alike in his cor- respondetice and throughout the affair, he had declined to do. Immediately previous to the last exchange of shots Mr. Wise said to Mr. Jones: If this matter is not terminated at this shot, or settled, I will propose to shorten the distance. The rifles being loaded, the parties resumed their stations, and fired the third time, very nearly together. Mr. Cilley dropped his rifle, beckoned to one near him, and said to him I am shot, 200 Cor& gressional Histor~~.~--House of Rep. [Nov. & Dec. put both his hands to his wound, fell, and in two or three minutes expired. He was shot through the body. Early in the day on which he fell, an agreement was entered into betwixt James Watson Webb, Daniel Jackson, and William H. Morrel, to arm them- selves, repair to the room of Mr. Cilley, and force him to fight Webb with pistols on the spot, or to pledge his word of honour to give XVebb a Toecting before Graves; and if Mr. Cilley would do neither, to shatter his right arm. Mr. Cilley was not at home when they, ac- cordingly, calledthey then proceeded to Bladensbnrg, where it was said the duel was to take placenot finding the parties there, they went to Greenleafs pointand not finding them, and as it was three oclock P. M. they returned home to await the result. The report of the Committee after having thus communicated the material facts and circumstances attendant upon the death of Jonathan Cilley, concludes by an argument upon the case. It says the Coimuittee have come to the con- clusion that the words spoken by Mr. Cilley in debate in the House of Repre- sentatives, the refusal of Mr. Cilley to receive a demand for explanation of those words, and his refusal to assign any other reason for it, than that he chose to be drawn into no difficulty upon the sub- ject, were the causes which led to the death of Mr. Cilley, under the circum- stances which have been substantially detailed. It is a breach of the highest constitu- tional privileges of the House, and of the most sicred rights of the people in the person of their representative, to de- mand in a hostile manner, an explana- tion of words spoken in debate. No member can be questioned in a hostile way, and put to his plea, and yield to it, without subjecting himself to great disadvantage in the estimation of many, and impairing his mnfiuencc and usefulness as a member. It is a still more aggravated breach of the privi- leges of the House, and of the rights of the people in the person of their Repre- sentative, to challenge a member, and to slay him in combat, for refusing to com- ply ~vith any such demand. It is the highest offence which can be committed against either House of Congress, to vio- late that constitutional provision which says, that no member shall be liable in any other place for what he says in pub- lic debate. It has been decided on a former oc casion, by the House of Representa- tives, that it was a breach of privilege to send a challenge to a member in at- tendance, or to be the bearer of such a challenge. In the present instance it appears that Mr. Wise had no know- ledge of the demand of explanation car- ned by Mr. Graves, and did not see it until after the fatal catastrophe. But, having been early consulted by Mr. Graves upon the first letter of Mr. Cil- ley, he bore the challenge to Mr. C. and be acted throughout as the second of the challenger, advising and insisting that the fight should go on until Mr. Cilley fell. The Committee concluded their Re- port by proposing resolutions for the dismissal from the House of William J. Graves, Henry A. Wise, and George W. Jones. As not necessary to an understanding of the facts of the case, we omit a re- port of the debate which occurred npon these resolutions. Mr. Sawyer intro- duced a motion to lay the whole subject on the table, this was disagreed to by a vote of 56 to 101. (See Table Yeas and Nays, No. 25.) Another motion of a similar kind, introduced by Mr. Thomas, shared the same fate, Yeas 73, Nays 95. (See Table Yeas and Nays, No. 29.) A third motion to the same effect was made, and this time succeeded, Yeas 102, Nays 76. (See Table Yeas and Nays, No. 30.) The question being taken on a motion to print the report, it was found to stand Yeas 123, Nays 74. (See Table of Yeas and Nays, No. 31.) MISCELLANEOUS; On the 26th of June, the Senate Bill providing for an increase of the army was takcn up in Committee of the whole. Mr. McKay proposed that the report of the Committee on Military Affairs should be substituted for the above, and his motion was accepted. By the Senate Bill, the army would have been augmented to npwnrds of 14,000; the substitute, however, provided for an en- largemnent of about 12,500. The Bill, having been reported to the I-louse, after a few unimportant amendments was passed by Yeas 107, to Nays 77, (See Table of Yeas and Nays, No. 32.) Mr. Fairfield of Maine, on the 26th of February, announced the decease of his colleague, Mr. Jonathan Cilley ;the eircumstances attendant upon this pain- ful event have already been detailed. On the 17th of March, intelligence was 1840.1 The Adjournmen 201 brought to the House, by Mr. Evans, of the death of Mr. Tim. J. Carter of the same state. In addition to these mourn- ful occurrences, the house sustained another loss, in the death of Mr. Isaac McKim, a Representative from Balti- more: this wasannounced on the2d April by Mr. Ho~vard, his colleagne. A fourth death took place this sessionthat of Mr. Joab bawler, of Alabama, which was communicated to the House by Mr. Lyons, of the same state, on the 8th May. Amendments to the Federal Constitu- tion were from time to time proposed; one fom biddi,m~ the appointment of any member of Congress to any office, by the Executive, and others having safety of elections as their object, but no action was had upon any one ofthem. Considerable discussion arose on a resolution authorizing the distribution of certain books amongst its members, but it was finally passed. A bill making appropriations for the Cumberland Road was l)assed. In ad- dition to this the Senate Bill in regard to steam explosions, a resolution appro- priating $IOU,OttO for the lmeirsofRobert Fulon, (several ineffectual attempts to recousidar this were made) and a resolu- tion requesting the President to give in- formation upon the Smithsonian Bequest during the first week of the next session, received the sanction of tIme House. The Amendments of the Senate to the Harbour Bill, after much discussion were concurred in. A Resolution reported from the Com~ mittee on foreign affairs, for the forma- tion of a special Committee to examine into Lhe claims of American Citizens, in consequence of French spoliations prior to 1800and Mr. Hopkins resolution for severing the public press from the patronage ofGovernment were refused. Upon the bill reported by the Com- mittee of the whole on the State of the Union authorizing the introduction of Tropical Plants, no decided action was bad during the session. THE ADJOURNMENT. On the 9th of July, Mr. Thomas from the joint Committee appointed to wait on the President reported to the House that they bad performed that duty, and that he had no further comnmunica- tion to make. Accordingly, on motioma of Mr. Cash- mere, the House adjourned, until the first Monday in the next succeeding Decem- ber. LIST OF ~UESTLONS VOTED BY YEAS AND NAYS~ (The Numbers corresponding to those of the subjoined Table.) No. 1. Dec. 13. Onthe motion of Mr. Wise to lay upon the table the petitions, prevented by Mr. Adams in regard to Texas. Page 178. No. 2. Dec. 12. On the motion of Mr. Wise to lay upon the table the peti- tion, presented by Mr. Adams, for the abolition of Slavery in the District of Columbia. Page 173. No. 3. Dec. 12. On the question of reception of Abolition petitions. Page 178. No. 4. Dec. 12. On Mr. Wises mo- tion to lay upon the table a petition pre- sented by Mr. Adams, for the Abolition of Slavery in the Territories. Page 178. No. 5. Dec. 21. On Mr. Pattons resolution that all petitions, memorials, & c., npon Slavery be immediately upon presentation laid on the table. Page 179. No.6. June 14. On Mr. Underwoods motion to re-commit the preemption bill, with instructions. Page 181. No. 7. May 13. On the motion to adjonrn made at 1 oclock, A. M. on Sun- day, May 13. Page 183. No. 8. May 17. On the Treasnry Note Bill. Page 183. No. 9. June 25. On Independent Treasury Bill. Page 184. No. 10. Juiie 26. On Mr. Robertsons motion to suspend the rules for the ad- mission of a resolution proposing to es- tablish a special deposite system. Page 184. No. 11. July 3. Ott Mr. Legares amendment to the proposal to modify the Deposite Act. Pate 185. No. 12. July 3. On motion to com- anit the hill ~or the modification of the Depo~ite Act to the Committee on Ways and Means. Page 185. No. 13. July 3. On the declaration that the Money of the Government should not be used for Banking Pur- poses. Page 185. No. 14. July 4. On the Modification of the Deposite Act. Page 186. No. 15. July 6. On the motion of Mr. Thomas of Maryland to discharge the committee of the whola from the con- sideration of the Resurrection Note Bill Page 186. No. 16. July 6. On the Resurrection Note Bill. Page 186. No. 17. April 16. On Mr Hopkins motion to suspend the rules for the in- troduction of resolutions for the aid of the Banks. Page 188. No. 18. l~1ay 30. On the resolution to rescind the Specie Circulation. Page 189. No. 19. February 24. On the Neu- trality Bill. Page 189. No. 20. March 2. On the Neutrality Bill (the prcvious vote having been re~ resolved to be reconsidered, and the bill committed) asamended by the Commit- tee on Foreign Relations. Page 190. No. 21. April 16. On Mr. Bronson s motion to lay on the table the joint reso- lutions of the Legislature of Tennessee strongly urging the annexation of Texas. Page 191. No. 22. January 22. On the motion of Mr. Haines to lay the Cherokee me- mnorial on the table. Page 19:3. No. 23. January 29. On the second motion (it having been resolved to re consider the first) to lay the Cherokee memorial upon the table. Page 194. No. 24. lamaary 31. On the resolu- tion of Mr. Bell that Messrs. Cholson and Claibourne were not duly elected members of the 25th Congress. Page 194. No. -25. February 5. On the resolu- tion of Mr. Howard that Messrs. Pren- tiss and Word were not duly elected members ofthe 25th Congress. Page 194. No. 26. February 28. On the ques- tion of asking leave to introduce a mo- tion to appoint a select committee for the investigation of the Death of Cilley. Page 196. No.27. February 28. On the motion to appoint a select committee to examine into the circumstances of the Death of Mr. Cilley. Page 196. No. 28. May 7. On the motion of Mr. Dawson to lay on the table the resolutions reported by tIme select com- mittee. Page 197. No. 29. May 17. On motion of Mr. Thomas to lay the whole subject on the table. Page 200. No. 30. May 10. On motion of Mr. Thomas to lay the report ammul resolutions on the table. Patm 200. No. 31. On notion to print reports of the Majority and Minoiity of the special committee. Pa~e 2(10. No. 32. June 29. On the Bill for the increase of the Army. Page 200.

List of Questions Voted by Yeas and Nays 202-211

LIST OF ~UESTLONS VOTED BY YEAS AND NAYS~ (The Numbers corresponding to those of the subjoined Table.) No. 1. Dec. 13. Onthe motion of Mr. Wise to lay upon the table the petitions, prevented by Mr. Adams in regard to Texas. Page 178. No. 2. Dec. 12. On the motion of Mr. Wise to lay upon the table the peti- tion, presented by Mr. Adams, for the abolition of Slavery in the District of Columbia. Page 173. No. 3. Dec. 12. On the question of reception of Abolition petitions. Page 178. No. 4. Dec. 12. On Mr. Wises mo- tion to lay upon the table a petition pre- sented by Mr. Adams, for the Abolition of Slavery in the Territories. Page 178. No. 5. Dec. 21. On Mr. Pattons resolution that all petitions, memorials, & c., npon Slavery be immediately upon presentation laid on the table. Page 179. No.6. June 14. On Mr. Underwoods motion to re-commit the preemption bill, with instructions. Page 181. No. 7. May 13. On the motion to adjonrn made at 1 oclock, A. M. on Sun- day, May 13. Page 183. No. 8. May 17. On the Treasnry Note Bill. Page 183. No. 9. June 25. On Independent Treasury Bill. Page 184. No. 10. Juiie 26. On Mr. Robertsons motion to suspend the rules for the ad- mission of a resolution proposing to es- tablish a special deposite system. Page 184. No. 11. July 3. Ott Mr. Legares amendment to the proposal to modify the Deposite Act. Pate 185. No. 12. July 3. On motion to com- anit the hill ~or the modification of the Depo~ite Act to the Committee on Ways and Means. Page 185. No. 13. July 3. On the declaration that the Money of the Government should not be used for Banking Pur- poses. Page 185. No. 14. July 4. On the Modification of the Deposite Act. Page 186. No. 15. July 6. On the motion of Mr. Thomas of Maryland to discharge the committee of the whola from the con- sideration of the Resurrection Note Bill Page 186. No. 16. July 6. On the Resurrection Note Bill. Page 186. No. 17. April 16. On Mr Hopkins motion to suspend the rules for the in- troduction of resolutions for the aid of the Banks. Page 188. No. 18. l~1ay 30. On the resolution to rescind the Specie Circulation. Page 189. No. 19. February 24. On the Neu- trality Bill. Page 189. No. 20. March 2. On the Neutrality Bill (the prcvious vote having been re~ resolved to be reconsidered, and the bill committed) asamended by the Commit- tee on Foreign Relations. Page 190. No. 21. April 16. On Mr. Bronson s motion to lay on the table the joint reso- lutions of the Legislature of Tennessee strongly urging the annexation of Texas. Page 191. No. 22. January 22. On the motion of Mr. Haines to lay the Cherokee me- mnorial on the table. Page 19:3. No. 23. January 29. On the second motion (it having been resolved to re consider the first) to lay the Cherokee memorial upon the table. Page 194. No. 24. lamaary 31. On the resolu- tion of Mr. Bell that Messrs. Cholson and Claibourne were not duly elected members of the 25th Congress. Page 194. No. -25. February 5. On the resolu- tion of Mr. Howard that Messrs. Pren- tiss and Word were not duly elected members ofthe 25th Congress. Page 194. No. 26. February 28. On the ques- tion of asking leave to introduce a mo- tion to appoint a select committee for the investigation of the Death of Cilley. Page 196. No.27. February 28. On the motion to appoint a select committee to examine into the circumstances of the Death of Mr. Cilley. Page 196. No. 28. May 7. On the motion of Mr. Dawson to lay on the table the resolutions reported by tIme select com- mittee. Page 197. No. 29. May 17. On motion of Mr. Thomas to lay the whole subject on the table. Page 200. No. 30. May 10. On motion of Mr. Thomas to lay the report ammul resolutions on the table. Patm 200. No. 31. On notion to print reports of the Majority and Minoiity of the special committee. Pa~e 2(10. No. 32. June 29. On the Bill for the increase of the Army. Page 200. Table of Yeas and Na,s. 2O~ I 0~0 I ~ I 0 I I I 01 ~-.0 100001 00~-~I 000 I 0 I 0 0 1 ~ 0 0 0 0 0 I 00 0 0 0 1101 1000100101 101000 100 -,~.0 0 0 0 0 0 0 0 0 ~ 0 0 0 ~-..0 ~0 0 0 0 0 0 ~0 I I I 000I-.~I 000 001 00 00000000~,I 000 I I ~ ~000000 I I ~ 000 I I I I I I ~I 00~0 I I 00000~fr~.I I ~0I0~-.0I , ~ I0 ~0I ~ 0 ~o~-.~l o 0 0000011 ~ ~o~.0I 0 0 ~0~I N ~0II~I -. 0~ ~I I I 0 I I I 0 I I ~-0 1 0 0 00000000000 0 0 ~ ~. 0 ~ ~) 0000000000 0 0 0 0 0 0 0 0 ~-.0 0 0 0 0 0 0 0 0 ~ 0 0 0 I 0 ~-.0 ~.0 0 0 0 0 ~.0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 ~.0 0 0 0 00 0 0 0 ~ I I 0 fr~0 0 0 0 ~0 0 I 0 0 0 ~-.0 0 ~-~0 0 0 0 0 0 0 0 0 0 0 0 0 0 I ~.0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 I 0~0fr~.~frI ~00000o000ooo00 0 ~o S I U) 00 0 ~ ~ 0 ~ ~ ~ 0 ~ 0 ~0 a-~ z ~0~ ~4 ~ ,-~ -~ U) . 0 0 ~ ~. ~ * 0 ~ nv~v~ ~ a 0 0 000 1840.] 0 C,, 0 N 0 0 N -4 z z Q c~ 204 Cw~gres~iOfl4t Ilzstur Ho ~ I Rep~ (NOT. & De~. ~ 4 ~ ~ ~:%~ 44 I 1 ~-~I ~I I I I ~ ~ I I~I I It~I~ 1 I ~ I I I ~~-~4I -~ z~ z. ?J2 ~ o ~ ~ ~I I I ~I ~I I I I ~~ ~ I ~ I I I I I I I I ~ I I -.~I ~I ~ I ~I ~ 4 0 0 4 4444 4~ 44444 ~ 4~4C~ ~ ~4~ 0 0 Q. _ ~ ~ ~~o~% 0 ~ 4~S ~ ~ 14 ~ j~nLL~L14NO3 J~MOI4~UIA xuoA M~NI 1840.1 Table of Yeas and Nazis, 205 F ~J ~ ~a~%~I ~ I aaaa ~-~I a -~ -.i a-.a I a~a~.a I ~ -.~aa I ~ aaaaa I aa~i I ~a~i ~ aaaaa~-~a I I I ~-a I aa I I ~aa aa aaaaaaaaaa I I I aa I I ~I aaaa I I ~ ~-~a -.~a a ~-a a ~-~a a a a a a ~a ~a a ~ a a a ~-~a ~a a a ~-~a a ~-~a a a a a ~ ~a ~ a ~ ~a .~-~-~a I ~ ~ aa~j ~I I ~aa~~aa~-.i ~-.I aaa I aa~-~j a~ a~i a~a aaa~-~I I ~.I ~-~a~-~i I I I aaa~a I ~~aa~t aa aa~aaa~a I I ~ ~ aa I ~ ~-~aa I ~ ~ I aaa~ I a I ~ ~ I a I I I ~ ~a ~ ~ ~ a~a ~i I aa ~ at aaaa~a I I I a ~a ~ a I ~a a ~ I a a a a ~a ~a a a a a a ~a ~a a a a I a ~ a a a I I ~ ~a ~ a aaa I ~ a i aaaaa a I I aa~ a~a~aa~-.~I I ~ ~a ~ a ~-~a a ~ a a a a a a ~a ~a a ~ ~ ~-aa a a a a ~a ~a a a a i a a i a a a ~ I I ~a ~ I I ~a a I ~ ~ at aaaa~~a~ I ~ ~ aa~aa~~i I I aaaa~a~aa~ -~ I I aa~~-~i ~I I aaa I I aaaa~-~. a~~~aa I I ~ aaa~ aa ~ aa~.a I a~aa~ a ~ a I ~ a a ~ a ~ t a a I ~a a I a a a a I I ~ ~a ,~ ~.. a a aa~ I2~ a ~ C~ a ~ ~ Congress~onai Histor House of R p [Nov. & De~ ~ ~ I I I I ~-~0 ~-~0 I I ~I ~l 0 I ~I 00 I 000t ~I t 01 000~~ 01 I o-~0 I I 001 I0-~~00 01 I I ~I I 0 001 I ~I ~ ~-~ ~ ~ ~z ~ ~ ~ ~ ~ o j~i~ ~r N ~I ~ 0 ~z ~ ~ 0~z~I I ~) ~ ~-~0 ~ 00000111 N I00zI~I I 0 ~ 0 ~4 0-~0I I~ o~ o~I 00 -~ III00~ z 0 I~I 0 -~~I 0~I I I 0 0 ~ ~-0 ~-~0 ~-0 0 ~0 0 ~ 0 00 ~-~0 I 0 ~-.0 ~-~-~0 ~-~0 I 0~.0 I I I 0~00 ~I 0~ 01 0~I 0~I ~0 I 0I I I I 01 I ~0~I fr~I ~I I 000~0 I I I I I ~I ~I ~ 0 ~I 0 I ~ ~I ~ I ~00 ~I I 0~.I 010 I 0 0 0 I 0 ~-~0 ~-.0 ~-.0 0 ~-~0 0 0~fr~0~l 0~I 0 0 ~-~0 0 0 0 ~0 ~-0 ~0 ~ I 00~-~00~I 0 0 ~0 ~-0 ~-~0 ~0 0 ~-0 I 0 ~ 0 0 0 ~0 ~0 ~-,0 ~ ~ 0 ~ 0 0 0 0 0 ~-0 ~0 ~ ~ 0 ~-~0 ~0 ~0 ~-.0 0 0 0 0~I I 0 I 0 ~ 0 0 I 0 ~0 0 I 0 ~0 I 00fr~I 00~I 00~0~I I 0 0 I I I I 0 0 ~-~0 I 0 0 I I 0 I 0 0 0 ~0 I I I 0 I I 0 0 ~0 ~ 206 0 I I II 01 0 0 0 z cf~ 0 0 ~ 0 0I~ I0~ fr~ ~ 0 0 ~ 0 I 0 0 ~ 0 I ~0 0 0 0 00 01 0 0 ~ I I 00 ~ Table of Yeas and Nay,s. 207 ~-~I ~I ~ I I I I I I I I ~-~I I I I I I I I ~I44~ ~.4O ~ 0~0 I I 001 0000 00 ~ = ~4-.0 ~ I ~ ~-~-~o ~ fr~ I ~-l 0~I I 0-~.~-.I ~.0 I ~-.0 ~ 0 ~0 0 0 0 ~-0 I~0 0 0 ~-0 0 0 ~ 0 0 ~ ~-~I 0~-~I 000001 I 00 ~fr.I ~ 0 ~ 0 0 ~ ~ ~frd~0 I 00fr~ 0 0 0 I~.0 0 I I I 0 ~ I 0 I~-.0 0 I ~I ~ I 00000 0 -.0 ~ 0 I~-2~-40 ~ ~4~4l 0~4~40 I ~40 0 I 0 I ~ I k~4o 0 0 1 ~00 I 0~-.~0o I 0~I ~ 0 ~0 I I I 0 0 I ~-~0 ~0 ~ ~ ~4~I ~I I I 00 1 ~-~fr.I 0o~~ fr~I ~0~.00 I ~I 0~fr4I I 0100 000 0~0~I 000 0 0 0 ~ 0 ~-~0 0 0 kO -~fr~ 000 ~ I 00~,I I 0 0 0 ~ 0 ~ ~0 0 0 0 ~0 ~ 0 I ~0 00 ~ 0~1~4I I 0 1 ~000 I I I 0 ~ I 0 0 I 00 0 0 I 0 I 0 0 0 0 I I I ~0 0 0 0 I 1 0 0 0 fr~0 0 I 0 ~.0 0 I ~ I I I ~ I 0 ~ -S r~~ fr. o 0~ -~ .0 ~J) 0) S 0) ~0 0) 04 ~~0)0~ C~0C~ ~ ~-.-0 04 Q 00) ~L)~ S~ ~ 5 ~ ~~0) YWJrnUA ~v~Iflouv~~ HJ.~O~ 1840.J Congressional HistoripHouse of Rep. frA ~ I I I ~ -~~I II ~ ~-~I I I I I I I ~I ~-~I ~- ~I I I I ~ ~ I I I I I I I ~I I I ~I ~-~I I ~I ~ I I I ~ I I ~ I I I I ~ -~c~ I ~ I I I I I I ~ I I I I I ~ ~-A I ;-~~ ~ ~ d.~ . 208 0 cc 0 cc z ~ ~I2 c~ 0 0 cc L~) Nov. & Dec -~ 1840.] Table of Yeas and Nays. 5209 aaaa I I I aa~~a I aa aaaa~~, ~aa aaaaaa~ aaaaaa I aaa ~ ~-~a I I a a~aaa~.aa I ~ ~ ~ aaaa I ~. ~ I I a I aaa I a~-~aa~I ~ a a ~ ~! 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I I I -~ o ~ I I I ~ ~ ~ c~ ~-~ I I I ~ ~ ~ lilt g~ c~ I ~ I I I ~fr~I ~ 0 0 ~ I I ~ ~ z Z is I ~ I I _ I I I ~ ~ c~ 0 c~ is ~ I I ~ cI) I I ~ c~ ~ I ~ I I ~ 0 U) Q ~ ~ V .0 ___ U) I 0 ~vI 01110 * z [Nov. & Dex INDEX TO VOLUME LV, HISTORICAL REGISTER DEPARTMENT. C Canadas, History of the Recent La- surrection. State of parties in Canada. Riots in Montreal between the Sons of Liberty and the loyalists. Arrest of the popular leaders. Rescue of prisoners at Longenil. March of the troops upon Chambly. De- fensive measures of the Patriots. Expeditions against St. Charles. March of Colonel Gore from So- rel, and capture of Lieutenant Weir. Repulse of Colonel Gore at St. Denise. Death of Lieute- nant Weir. Battle of St. Charles. Public feeling in Montreal and the United States Return of Co- lonel Wetherall, and triumphal entry into Montreal. March of Colonel Gore through the dis- turbed district. Views of the patriot leaders, and character of the insurrection. Proclamation of Lord Gosford. Martial law de- clared, and rewards offered for the patriotic leaders. Affair at Moores Corner. The insurgents gather at Grand Brule, - - - - Second Part. Upper Canada. Sir Francis Head and his policy. W. L. Mackenzie. Plan of the intended sevoft. March of the Insurgents to Toronto. Proceedings of the Executive, and defeat of the re- bels at Montgomery House. Sub- sequent measures of the Govern or. Departure of the Army un- der Sir John Colborne for St. Eustache. D~scriptiou of the village. Total defeat of the insur- gents, and destruction of their honses. ~rceeedings at St. Beneit. and return of the troops to Mon treal. Remarks on the insurrec- tion. Proceedings in the United States. Buffalo. Navy Island, and the Army of Volunteers. De- struction of the Caroline. Pro- ceedin~s of the American authori- tics in relation to this event. American Expeditions. British Parliament. Conclusion, - - 87 E. 73 EXTRA Sxssmoz OF CoacRass, - Election of Speaker to the House of Representatives, - - - Presidents Message. History of Trade in the United States. The consequences of a redundancy of Credit, - - A reference to the amount of bank- ing capital, and the issues ofpaper credits put in circulation in Great Britain in 1834, 1835, and 1836, Regulation by law of the deposite transfer, & c. The State bank system proved unsuccessful, - The safe ke~pin~ and transfer of the public money. The Post- Master General. Patronage and power, The character of the funds to be re- ceived or disbursed. Depreciated paper currency. Uniform bank- rupt law. Indulgence on bonds due for duties. The propriety of withholding the fourth instal- muent ($9,367,214) of the surplus revenue. Powers and duties of the Federal Government, - - Report ofthe Secretary of the Trea- sury. Amount received in the Treasury. Receipts. The total expenditures. Postponement of dutybonds. An extension of the warehouse system. Payment of the fourth instalment, - II 2 3 4 5 6 7 8

Index to Volume IV 211-214

INDEX TO VOLUME LV, HISTORICAL REGISTER DEPARTMENT. C Canadas, History of the Recent La- surrection. State of parties in Canada. Riots in Montreal between the Sons of Liberty and the loyalists. Arrest of the popular leaders. Rescue of prisoners at Longenil. March of the troops upon Chambly. De- fensive measures of the Patriots. Expeditions against St. Charles. March of Colonel Gore from So- rel, and capture of Lieutenant Weir. Repulse of Colonel Gore at St. Denise. Death of Lieute- nant Weir. Battle of St. Charles. Public feeling in Montreal and the United States Return of Co- lonel Wetherall, and triumphal entry into Montreal. March of Colonel Gore through the dis- turbed district. Views of the patriot leaders, and character of the insurrection. Proclamation of Lord Gosford. Martial law de- clared, and rewards offered for the patriotic leaders. Affair at Moores Corner. The insurgents gather at Grand Brule, - - - - Second Part. Upper Canada. Sir Francis Head and his policy. W. L. Mackenzie. Plan of the intended sevoft. March of the Insurgents to Toronto. Proceedings of the Executive, and defeat of the re- bels at Montgomery House. Sub- sequent measures of the Govern or. Departure of the Army un- der Sir John Colborne for St. Eustache. D~scriptiou of the village. Total defeat of the insur- gents, and destruction of their honses. ~rceeedings at St. Beneit. and return of the troops to Mon treal. Remarks on the insurrec- tion. Proceedings in the United States. Buffalo. Navy Island, and the Army of Volunteers. De- struction of the Caroline. Pro- ceedin~s of the American authori- tics in relation to this event. American Expeditions. British Parliament. Conclusion, - - 87 E. 73 EXTRA Sxssmoz OF CoacRass, - Election of Speaker to the House of Representatives, - - - Presidents Message. History of Trade in the United States. The consequences of a redundancy of Credit, - - A reference to the amount of bank- ing capital, and the issues ofpaper credits put in circulation in Great Britain in 1834, 1835, and 1836, Regulation by law of the deposite transfer, & c. The State bank system proved unsuccessful, - The safe ke~pin~ and transfer of the public money. The Post- Master General. Patronage and power, The character of the funds to be re- ceived or disbursed. Depreciated paper currency. Uniform bank- rupt law. Indulgence on bonds due for duties. The propriety of withholding the fourth instal- muent ($9,367,214) of the surplus revenue. Powers and duties of the Federal Government, - - Report ofthe Secretary of the Trea- sury. Amount received in the Treasury. Receipts. The total expenditures. Postponement of dutybonds. An extension of the warehouse system. Payment of the fourth instalment, - II 2 3 4 5 6 7 8 Index. ~or the future custody of the public money, two plans are suggested. A national bank as a mode of fiscal management is presumed to be out of the question. Set- tlement with the former depo- site bunks. The consideration of the propriety of a bankrupt law suggested, 9 The Report concluded with a sec- tion devoted to some general causes and remedies of the preseut embarrassments. The fall of the price of cotton. Withdrawal of for ign credit. The inordinate extent of credits and bank issues, and the low rate of public lands. The importations of foreign goods being nearly ,,Gi,O00,O00 over exports. Election of Printer to the House of Representatives, - - - 10 The Senate proceeded to the busi ness of the session, - - - 11 The fourth instalment postpone- ment bill, in the Senate, - - 12 The treasury notes bill, in the Sen- ate, . - - - - - 15 The Senate bill for the issue of treasury notes. The Merchants bonds extension bill, in the Sen- ate. The divorce bill, in the Senate, 17 The Deposite Bank Settlement Bill, 27 Resolution against a National Bank, 28 The New York Fire Bill. Indian Hostilities Appropriation. The Warehousing System Bill, - - 29 The District Currency Bill. Mis- cellaneous. On the suggestion made in the Presidents Message, on the subject of a uniform law of bankruptcy, no definite action was had by the Senate. A bill to regulate the fees of the District Attorneys, for the renewal of cus- tom-house bonds. - - - 30 The Adjournment. List of Ques- tions voted by Yeas and Nays, - 31 Table of Yeas and Nays in the Senate. First Section, Twenty- fifth Congress, - - - - 32 The Extra Session. Continued from p. 32. The House of Rep- resentatives, - - - - 41 Fourth Instalment Postponement Bill. H. R. - - - - 42 Treasury Notes Bill. H. R. - 46 The Divorce Bill. H. R. - - 49 The Deposite Bank Settlement Bill. The Merchantss Bonds Extension Bill. The Indian Hos- tilities Appropriation Bill, - - 51 Additional General Appropriatioiv Bill. Resolution against a Na tional Bank, - - - The Mississippi Election Case, - 53 Florida War Inquiry, - - - 55 The Texas Question, - - - 56 Miscellaneous. WTarehousing Sys- tern Biil, and the District Curren- cy Bill. New York Fire Bill. Bankruptcy Law. Texas. Slave- ry. Statistical information. Death of Mr. Standefer. Mode of Pay- mentofmembersofCongress, & c. S/ The Adjournment, - - - 5S Summary Abstract of the Acts ofthe Extra Session of Congress 1837. I. An Act to postpone the fourth instalment of deposite with the States. 2. An Act to authorise the issue of Treasury Notes. 3. An Act to regulate the fees of district attorneys in certain cases. 4. An Act to continue in force certain laws to the close of the next Session of Congress, - - 55 5. An Act to amend an act entitled an act to provide for the pay- ment of horses lost and destroyed in the military servicc of the United States. 6. Au Act ma- king further appropriations for the year 1837. 7. An Act ma- king additional appropriations for the suppression of Indian hostili- ties for 1837. 5. Au Act aflthor- ixing a further postponement of paynsent on duty bonds. 9. An Act for adjusting the remaining claims on the late deposite banks. 10. An Act for the relief of D. P. Madisonallo - Mrs. Madison the copyright in foreign countries, of the papers of her late husband purchased by Congress. Akeso- lotion directing the postage on all letters sent by the Express Mail to be paid in advance, - 60 List of Questions voted by Yeas snd Nays, - - - . - 61 Table of Yeas and Nays, in the House of Representatives. First Session, Twenty-fifth Conaress, 62 Congressional Ilistory. The Se- cond Session of the Thventy-fifth Congress. General Preliminary Remarks, 105 The Senate. Election of Chaplain. Death of Senator Kent. Stand ing Committees, - - - 107 The Presidents Messa~e. - - 105 The President again brings before Congress the subject of the fiscal system to be adopted for the fu- ture custody and disbursement of Index. ~he federal revenue. He de- ulared his views to coincide fully with the adverse opinions al- ready expressed by both branches of Congress against either a Na- tional Bank or a revival of the Deposite Bank System; and re- nexved the reconimendation of the Independent Treasury, - 109 He presented a brief general view of the existing laud system, - 110 Referring to the Report of the Sec- retary of XVar, he recommended such an increase of the Army, as was pointed out by recent expe- rience. The Annual Treasury Report, - 112 District Currency Bill, - - - 113 Slavery. Mr. Wall presented a pe- tition from some ladies of ow Jersey, praying for its immediate abolition in the District of Co lumhia, - - - - - 115 Vermont Resolutions. The pre- sentation, hy Mr. Swift, of a strong memorial and resolntious from the Legislature of Vermont, in relation to Texas, and slavery in the District of Columbia, - 116 Mr. Calhouns Resolutions, in op- position to those of the Legisla ture of Vermont, - - - 118 Resolutions of Mr. Morris, of an antaonist character, in opposi tion to those presented by Mr. Calhoitn, - - - - - 119 The Public lands. The pre-emp- tion bill, - - - - - 137 The graduation bill, - - - 140 The taxation bill, - - - - 145 The currency and the public reve nues. History of the action of the Senate, bearing upon the ge- neral subject embraced in the above title. The independent treasury bill, - - - - 146 The bill for the sale of the United States Bank bonds, - - - 150 The treasury note bill. Mr. Clays finance resolution, - - - 151 Mr. Clays national bank project, - 154 Modification of the deposite act. 1st Mr. Websters bill, - - 155 2d Mr. XVrights bill. The banks and currency of the District of Co- lumbia. 1. Small note bill, - 157 2. Bill for revoking the bank char- ters. 3. Bill fo~ the re-charter of tL banks, - - - - 155 The anti-duellin bill. which 0rew ou~ of the excitement of the death of Jr. Cilley, a Memb r of Con gress from Maine, - - - 160 The neutrality bill, - - - 162 The northeastern boundary, - - 163 Relations xvith Mexico, - - - 164 Annexation of Texas. Indian Af- fairs. 1. The Indian territory bill, - 165 2. Cherokee Affairs, - - - 167 3. The Indian hostilities ppropria. tion bill. The Territorie - 168 Instructions to Senators, - - 169 Miscellaneous. 1. Steamboat bill. 2. Bill to increase the army. 3. Cumberlaud road bill, - - 171 4. New York fire bill. 5. Abolition of ilimprisoiiuiemit fur debt. J. Rug- gles to Daniel Webster, - - 172 International copy-right, - - 173 The adjournment. Listof questions voted by yeas and nays, - - 174 Table of yeas and nays in the Sea- at 2d Session, 25th Congress, - 176 The2d Session of the 25th Congress continued. The House of Re- presentativ~s. Organization, - 177 Slavery, - 178 Public lands, 180 The currency and the public reve- nues. The treasury note bill. - 181 The independent treasury bill, - 183 Modification of the deposite act, - 185 The bill for the sale of the United States Bank bonds. The resur- rection note bill. The banks and the currency in the District of Co lumbia, 186 Resolutions in relation to the finances, & c., - - - - 187 Resolution to rescind the specie cir- cular. Foreign Affairs, - - 189 The northeastern bonudary. Rela tions with Mexico - - - 190 Indian Affairs, - - - - 192 indian Affairs. Cherokee Affairs. Territorial Affairs, - - - 193 Oregon Territory. Mississippi Elec tion, 194 Appropriation Bills, - - - 195 Death of Cilley, - - - - 196 Jones, Wise, Graves, Webb, Cil- ley. Miscellaneous. The Adjournment, 201 The Eighth Volume of the Democratic Review is concluded with the number now Lurnished to its Subscribers. Great rearet is entertained that during the past year an irregularity in its issues has takeu place, which however unsatisfactory as well to the Publisher, as to them, it has been found impossible to avoid, under those cir- cumstances of embarrassment and difficulty into which it was plunged by the confla- gration of its extensive Establishment of printing and publication, at VX~ashington, about a year ago. The Eight Volumes through which the existence of the Work has now extended, embracing the term of IXIr. Van Bureus Presidency, and constituting a single dis- tinct and complete political period and movement, having its natural beginning, middle and close, it has been determined to divide the publication at this close; re- garding the past portion as a First Series, and re-commencing a Second Series with the new order of things presented by the reversed relations in which the two great Parties of the country are so soon to stand to each other, as the parties re- spectively, of Administration and Opposition. The importance of its continuance the probable interest of the topics which will arise for its considerationthe inul- tiplied motives now offered to the Democratic Party to sustain and to encourage it do not require here more than this passing word of allusion. It is earnestly hoped that all upon its large subscription list, from whom those arrears are due the continu- ed failure of which has constituted a severe aggravation of the difficulties of publica- tion already adverted to, will recognise and promptly comply with the obligation imposed upon them with redoubled force by its present position and circumstances; as also that the numerous kind and warm friends who from so many different sec- tions of the country have expressed their anxiety for its continuance and their interests in its welfare, may feel dispose to contribute to secure the one and to pro- mote the other, by procuring for it additional subscribers. The publishing department of the Work will be re-organized on such a footing as o secure its punctual appearance on the first of every month simultaneously in New York, Boston, Philadelphia, Baltimore and Washington~ Each number will contain at least one portrait executed in style similar to that herewith presented. Of the details of these arrangements, as also of those contemplated in its editorial de- partment, due notice will be given to the subscribers and the public. Washington, January B41.

Notice 214

The Eighth Volume of the Democratic Review is concluded with the number now Lurnished to its Subscribers. Great rearet is entertained that during the past year an irregularity in its issues has takeu place, which however unsatisfactory as well to the Publisher, as to them, it has been found impossible to avoid, under those cir- cumstances of embarrassment and difficulty into which it was plunged by the confla- gration of its extensive Establishment of printing and publication, at VX~ashington, about a year ago. The Eight Volumes through which the existence of the Work has now extended, embracing the term of IXIr. Van Bureus Presidency, and constituting a single dis- tinct and complete political period and movement, having its natural beginning, middle and close, it has been determined to divide the publication at this close; re- garding the past portion as a First Series, and re-commencing a Second Series with the new order of things presented by the reversed relations in which the two great Parties of the country are so soon to stand to each other, as the parties re- spectively, of Administration and Opposition. The importance of its continuance the probable interest of the topics which will arise for its considerationthe inul- tiplied motives now offered to the Democratic Party to sustain and to encourage it do not require here more than this passing word of allusion. It is earnestly hoped that all upon its large subscription list, from whom those arrears are due the continu- ed failure of which has constituted a severe aggravation of the difficulties of publica- tion already adverted to, will recognise and promptly comply with the obligation imposed upon them with redoubled force by its present position and circumstances; as also that the numerous kind and warm friends who from so many different sec- tions of the country have expressed their anxiety for its continuance and their interests in its welfare, may feel dispose to contribute to secure the one and to pro- mote the other, by procuring for it additional subscribers. The publishing department of the Work will be re-organized on such a footing as o secure its punctual appearance on the first of every month simultaneously in New York, Boston, Philadelphia, Baltimore and Washington~ Each number will contain at least one portrait executed in style similar to that herewith presented. Of the details of these arrangements, as also of those contemplated in its editorial de- partment, due notice will be given to the subscribers and the public. Washington, January B41.