. V.


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NILUS' NATIONAL REGISTER.

FIFTH SERIES. No. 26..-V-OL. III.] WASHINGTON CITY,. FEBRUARY 24, 1838. [VOL. LIII.-WHOLE No. 1,378.
THE PAST-THE PRESENT-FOR THE FUTURE.
PRINTED AND PUBLISHED, EVERY SATURDAY, BY WILLIAM OGDEN NILES, EDITOR AND PROPRIETOR, AT $5 PER ANNUM, PAYABLE IN ADVANCE.


0:O-We rejoice to learn that the hon. Mr. Preston,
who recently submitted to a painful operation for
aneurism in one of his arms, is rapidly recovering,
and will soon be able to take his seat in the senate.

O(-Mr. Wright's speech, on the sub-treasury bill,
is concluded in the present sheet. In. the next
"REGISTER" we will give place to Mr. Webster's,
and hereafter publish all the leading speeches on
the same question, in the order in which they were
delivered -

FaRd THE MICHIGAN FRONTIER.. Some inte-
re'stilig intelligence from the scene of rebellion will'
be found among 6ur congressional proceedings. A
portion of the militia of Michigan have been called
out, and the governor of that state seems resolute ini
his. efforts to restrain our citizens from violating
our neutral relations. In addition to the intelli-
gence referred to, the Toledo Gazette, extra, of the*
12th instant, contains the following" ill confirmation
of it:-
Silence broken. S. McKnight, postmaster at De-
troit, passed through this city,, this day, at twelve
o'clock, with despatches from governor Mason to
the president of the United States. Mr. McK.
brings irtelligen:e that a force of about 500 was
collecting seven miles above Detroit in the vicinity
of the river, where, it is presumed, the ice has form-
ed a, bridge, and that they were coming in from
every direction. We understand the object of the
despatches is to supply the frontier with more regu-
lar troops, as the militia cannot be relied on, and
where the former are to come from remains to be
told. From another quarter we learn that between
five and six hundred men are upon the peninsula,-
opposite Sandusky, waiting the arrival of their bag-
?-'; ; and from rn.:.hri,'. that a considerable number
ara under way from Kentucky. Mr. McKnight
says it is rumored at Detroit, that a party of Britishi
ln.iir.s %i ve ab,:.u to cross in the neighborhood.of
Fory Gratiot.
Suth.-rlandkw:, in town yesterday,,and we nnder-
stanrd outr- r Detroit this morning. General
McLeod, recently from Canada, is expected here
this evening on his way up. He was a half-pay
officer in the British service, in whom the patriots
place much confidence. A gentleman by the name
of McGuire, from London district, left here yester-
day morning, says he was in the patriot service.on
Navy island, and seems better to understand the
movements arid designs of the patriots than any we
have yet seen. He says that buft ew of the arms
were taken at Fredonia, and 'they of very little
vajue. He thinks that more than enough are in.
safe-keeping for their purpose.

The New York Courier of Tuesday :says, lady
Head and daughter, and Mrs.-general' Dalrympe,
the sister of sir Francis Head, who have been a few
days past in the city, embark this morningin the
packet for London. We. are ashamed to add that
these ladies were grossly insulted on their journey
from Upper Canada, by some-villians at Rochestern
We would hope they were niot Americahn citizens
who were guilty-of this beastly outrage.
The New York Commercial says, that sir Fran-
cis Head, whose pVrpose it was to come to New
York from Canada via Lexington, had been advised
that arrangements have been made on that frontier
to annoy him by arrests, on an indictment? The
baronet will of course save those officious people
an opportunity- of any such public exhibition of
their folly.
Gen. Scott arrived at New York on Saturday
inst, and finding despatches there which should
have met him at Albany, set off the next day, by
express, for Buffalo.- Gen. Wool was at-Plattsburg
on the 16th inst, and had called out, two companies
of horse for the purpose of reconnoitering the
country. i ,

.LOWER CANADA. Lord Gosford did not leave
Quebec on the 13th,.as he intended, having met
with an accident by a fall, as he was in the act of
stepping into his carriage. The installation of sit
John Colborne as his- successor was postponed in
consequence.' Five members of the executive
council were at Montreal, with the assistant clerk
of that body, having come from Quebec to hold a.
VoL. LIII-Sio. 26.


council and administer the oaths to sir John Cotl-
borne.

NEW YORx. On Tuesday the 13th inst. the
,house of assembly of New York held an afternoon
session, (which was continued until after 1. o'clock
on Wednesday morning,) for the purpose of dis-
posing of the report of the select committee on so
much of the governor's message as.relates to "the
origin and causes of the present derangement of
the monetary affairs of the country, and to the
'measures.of the general government on the sub-
ject of banks, and the collection and disposal of the
public revenues." After a protracted and. animk-
ted debate, on motion of Mr. Ifolley, by whom the
report and resolutions were submitted, the con-
current part of the first of the resolutions (requiring
the assent of the. senate) was stricken out, and thus
modified, were passed by a vote of 87 ayes to
18 nays. The resolutions shall have a place in our
next.

HEALTH OF GEN. JACKSON. From the Globe
We are highly gratified to learn, froin the Nashville
Union, of the 15th instant, that general Jackson's
health is so much improved, that he can now leave
his bed, and that he is rapidly gaining strength. No
further danger from the present attack is appre-
hended., -
A letter from the general himself, dated 12th
inst. says, "I am compelled to make use of an ama-
nuensis, on account of indisposition, occasioned by
a return of my old complaint, hemorrhage of the
lungs. The presentattack has been rather a severe
one; but it has now stopped, and I am feeling a
great deal better.

GEN. HARRISON has addressed the following to
the editor of "The Missourian."
North-Bend, 17th Jan. 1838.
SIR: In answer to the inquiry made in your let-
ter of the 29th ultimo, I repeat the declaration I
have often before made, that if elected president'
of the United States, I would under. no circum-
stances, become a candidate for second term.
I am, very respectfully, your ob't serv't,
W. H. HARRISON.
James H. Birch, esq. editor of The Missourian.

LIBERATION OF MR.GREELY. Mr. Greely,'who
was arrested and imprisoned by the authorities of
New Brunswick, while employed by the govern-
ment of .the state of Maine in taking the census on
the disputed territory, we learn from -the Portland
Advertiser, has been liberated. The Advertiser
says: "We do not know by what immediate agency
this.result, the liberation of Mr. Greely, has been
produced;, it is by no means improbable that it was
occasioned by the call in congress for the produc-
tion of the correspondence,"

DESTRUCTIVE FIRE. On Sunday morning last,
the Bowery theatre in New York was destroyed
by fire-being the-third time within a few years.
So rapid were the flames, that nothing was saved
except the iron safe, which contained some papers
and a small sum of money. The building adjoin-
ing, known as the Old Bull's Head tavern, was also
destroyed. "
The theatre was insured, for 35,000 dollars. The
loss is said to be about 70,000 dollars. The fire
broke out in the paint room over the gallery, in
front. A stable belonging to Mr. Hamblin was
burned at the same time, corner of Christie and
Walker streets, and a colored man was burned to
death.
The New York Sun says: the awful grandeur of
the spectacle presented by the burning of the
Bowery theatre, was greatly heightened by the
tremendous roarings of the lions, tigers, elephants,
and other animals in the- Zoological Institute oppo-
site, who were excessively' frightened and ex-
cited by the roar of the. flames ,and the intense light
which they threw into the Institute buildings, and
the noise and clamor of firemen and their ma-
chinery, and the Spectators without.

; FRO' BRAZIL. -Capt. Conway, of the brig Palm,
arrived at Salem from Para, states that news was.
received from Maranhani on the 10th of January,'
that Bahia had declared its independence of the'


government at Rio Janeiro-and that it was the
general' opinion at Para that a revolution would
take place there before long. He states, also, that
it is the request of the Americans at Para, that our
government would send a vessel of war to protect
the lives and property of Americans at that place,
the presence of one being deemed essential at the
present time.

OFFICIAL.
General Order No.4.
Head quarters of the army,
./djutant general's office,
Washington, Feb. 20, 1838.
The secretary of war has received the report of
colonel Taylor, of the 1st regiment of infantry, of
the affair of the 25th December last, with the Semi-
nole Indians, on the' eastern shore of lake Okee-
chobee, in Florida, in which the Indians, after a
severe conflict, were beaten and driven at all
points.
The gallantry and steadiness displayed in the at-
tack, are highly creditable to the corps engaged;
and the conduct of colonel Taylor, in pursuing the
enemy and bringing him to action, is deserving of
high commendatiou.
The triumph of success cannot lessen the regret
which must be. felt by all for the loss of the many
valuable lives, and the severe suffering, by wofinds,
which unavoidably attend a military achievement.
The fall of lieutenant colonel Thompson, of the 6th
infantry, captain Van Swearingen, and lieutenants
Brooke and Center, of the regular army, and colo-
nel Gentry, of the Misssouri volunteers, is sincere-
ly deplored.
To colonel Taylor and the officers, non-commis-
sioned officers,' and troops of the regular army, the
secretary of war tenders the thanks of the presi-
dent of the United States, for the discipline and
bravery displayed by them on the occasion; as;
likewise, to the officers and volunteers of Missouri,
who shared in the conflict, and who evinced so
much zeal and gallantry in bringing on the action.
By order-of Alexander Macomb,
Major gen. com'g in chief:
J. N. MACOMB, dAss't adj. gen.
FR6b FLORIDA.-The "Globe" of Tuesday
night contains the following:
We are permitted to extract from a letter to Dr.
'Linn, of the senate, some incidents of the hard-
fought skirmish With the Seminoles on Turtle
river. The Indians always commence their bat-
ties under the cover of hammocks, in which they
always find complete security after defeat, and
concealment during the conflict--shooting at our
troops in the open ground from the thicket, until
they are brought to close quarters. The intre-
pidity with which a single company of our soldiers
march up to receive the fire of those unseen and
lurking adversaries, (the numberalways unknown,)
evinces in the strongest light the spirit of our
countrymen.,
"INDrAN RIVER INLET, Jan. 25, 1838.
S"I have no doubt that long before this reaches
you, you will have an official publication of our
skirmish with the Seminoles on the Lucha Hatche,
or. Turtle river. If not, I will only- say that on
the 15th instant an engagement took place be-
tween lieutenant commandant Powell and the
Seminoles. On our side, the loss was four killed
and thirty wounded. In the onset I received a
rifle ball in my left leg, about half way between
the knee and ankle; and, with your permission. I
will boast of having blown the brains out of one
fellow's head. He was about thirty yards from
me, when I let drive both barrels of captain Pow-
ell's double gun, loaded with buckshot, at his
head. The shot was so effectual that it bid de-
fiance to the scalping-knife.
"On our retreat I- received another ball, di-
rectly above the knee, on the inner side. Both
balls are yet in; they have been probed for, but are
too deep to be taken out. -I walked six miles after
being shot the second time.
"Passed midshipman Harrison, then acting lieu-
tenant, was wounded in the shoulder. Lieutenant
Fr.', I.: r, of the first artillery, was shot twice; once
in the thigh and once in the side. Captain Powell
received a slight wound. We are doing as well as
could be expected. -










402 NILES' NATIONAL REGISTER-FEBRUARY 94, 1838-MISCELLANEOUS.


PENNSYLVANIA RESOLUTIONS.
IN THE SENATE OF PENNSYLVANIA.
Harrisburg, February 17; 1838.
Whereas the house of representatives of the
commonwealth of Pennsylvania have passed the
following resolution :
Resolved by the senate and house of representa-
lives of the commonwealth of Pennsylvania in gene-
ral assembly met, That our representatives in con-
gress be requested and our senators instructed to
vote and use their influence fora postponement un-
til the next session of congress of the act intro-
duced by the honorable Silas Wright, of New York,
commonly called the sub-treasury bill, or any other
act or acts of a similar character, and that they vote
at this session for no act of a similar nature., And
that we have full confidence in Martin Van Buren,
and in the wisdom and intelligence ol our demo-
cratic senators and representatives in congress.
And our senators are hereby further, instructed and
our members requested to vote for such a mode of
receiving, keeping, and disbursing, the public mo-
neys as will separate, as far as practicable, the
banks from the government."
And whereas the senate of the commonwealth of
Pennsylvania has concurred in and passed the same :
Therefore
Resolved, That the senate has concurred in this
resolution :
Because, The system proposed to be established
by the sub-treasury bill is an innovation upon and
at variance with the approved and heretobfore settled
policy of the general government, under which we
have lived for more than fifty years, and under
which we have prospered as no other nation has
ever yet prospered.
Because, This system sets at naught the obliga-
tions of the general government, enjoined by the
constitution of the United States, to regulate com-
merce between the different states and with foreign
governments, which cannot be done but by giving
and n.rec.-, inr. t.. the country a sound currency,
equally good in every part of it.
Because, This system, if established, would sepa-
rate the government and its interests from the peo-
ple and their interests, making the former hostile
to the latter, and the unnatural enemy of the inter-
ests of the people; which government is under the
most solemn obligations to foster and protect.
Because, This system would establish one curren-
cy for the government, gold and silver, to be paid
to office-holders and the dependents of government,
and another currency, and a depreciated paper cur-
.rency, for the people, making the office-holders and
the government richer, and the people poorer.
Because, This system would subvert and destroy
that system of credit which has advanced the wel-
fare and happiness of our people in a degree which
has made our nation the envy and admiration of
the world; that system of credit which has render-
ed practical the principle that all men are free arind
equal, which has given to the poor man of honest
principles, of intelligence and enterprise, the means
of equality with the rich in temporal comforts, as
he is his equal in political rights ; that great sys-
tem of credit heretofore exercised by Ihe people
through well-regulated incorporated banks, the
benefits of which are conferred upon the enter-
prising, who give life and vigor to the business of
society, without creating that degrading sense of
dependance for tih most part produced where such
institutions have not existed.
Because, The sub-treasury system will destroy
commerce, put down enterprise, and deprive the sons
of industry and labor of occupation and support,
and reduce our once happy country to a state of
moral and political degradation, fitting the people
for the absolute government which it will tend. to
establish over them.
Because, It will increase the patronage of the
general government, already swollen to an enor-
mous and dangerous extent, and will, when once
established, be the occasion of a constant increase
of the swarms of office-holders to harass our peo-
ple and eat out their substance, and finish the work
of destruction of our dear-bought liberties, already
so fearfully begun. -
Because, It will tend so to consolidate all power
in the hands of the president of the United States,
and "the states by degrees iuto one sovereignty, the
obvious tendency and inevitable result of which
would be to transform the present republican sys-
tem of the United States into an absolute, or at best
a mixed monarchy."
Resolved, That thie senate has concurred in the
instruction and request of the house to our mem-
bers in congress "to vote for such a mode of re-
ceiving, keeping, and disbursing the public moneys
as will separate, as far as practicable, the banks
from the government."


Because, Taken in connexion with the just con-
demnation of the house of "the sub-treasury bill,
or any other act or acts of a similar character," the
senate finds in this instruction and request a proper
rebuke of the unfortunate attempts at, and exercise
of, political influence by the general government in
the management of the money of the government,
through banks employed for this purpose, so fully
proved and so fatally felt during the past few years.
The senate cheerfully joins the house in con-
demning that influence, and in this instruction and
request that, in the system of "-receiving, keeping,
and disbursing public moneys," through a bank or
banks of the people, care should be taken, as far as
practicable, so to separate the banks from the gov-
ernment, that, 'while they are used for fiscal pur-
poses, they shall not again be employed as the in-
struments of political power, or to supply the cor-
rupt wants of the dependents of the government.
Resolved, That tire senate fully concurs in the
wisdom of "this request and instruction," when
they remember the history of these political at-
tempts and practices of the last few years, com-
mencing with the attempt to remove the president
of the branch of the late bank of the United States,
in New Hampshire, although he was eminently
qualified for his station, because that gentleman
differed in politics from certain zealous partizans
and high officers of the general government, whose
motives of action the recent disclosures of the
transactions of the deposit banks of Massachu-
setts have shown to be any other than patriotic or
disinterested. The bank of the United States
properly resisted these attempts, and the warfare of
the government on the currency and business of
the country ensued, and it has proceeded until, like
an earthquake, it has loosened the foundation andti
threatens with destruction the prosperity and gov-
,ernment of the country.
The events of this war need not be recited to
sustain the views of the house; they are fresh in
the recollection of the nation. The grossly im-
proper selection of the agricultural bank of Missis-
sippi, by the present secretary of the treasury, and
the recent disclosures of the affairs.of the deposi'e
banks of Massachusetts, alone prove the wisdom
of excluding political influence from the govern-
ment of the money of the nation, and fortify the
objections to tile sub-treasury bill.
Resolved, That the senate has not considered it
proper to differ from the house in the expressions
of courtesy towards the president of the United
States, with which it has chosen to associate a
manly and dignified condemnation of almost the
only measure of government of vital importance
which he has recommended. Such expressions of
courtesy the conventional politeness of the age jus-
tihes in one individual towards another individual,
who at the same time condemns his conduct in the
strongest terms, and they may not be unbecoming
in one branch of our government towards another,
even although associated- with the severest con-
demnation. The severity, perhaps, may be con-
sidered heightened, by the terms of politeness in
which itis conveyed.
In so far as the expression of confidence in Mar-
tin Van Buren may rest on the conviction of .the
house that he will not persevere in the odious mea-
sure already san universally unpopular, although
the senate may hope that the confidence of the
house is not misplaced, yet the perseverance of the
president in this dangerous measure, after so many
evidences of popular displeasure as it has received,
le-aves to the senate and housebutlittle just ground
of-rational belief that he will abandon a project so
iniquitous and subversive ot all good government.
And should it- be made to appear that the appre-
hensions of the senate are too well founded, we
have to assure the house and the people that the,
senate will concur with them in denouncing, in
terms similar to those employed by our ancestors
towards the despot who then ruled the nation, that
a ruler "whose character is thus marked by every
act that may define a tyrant is unfit to govern a free
people."
Resolved, That the senate cannot withhold its
concurrence in the compliment paid by the house
to the entire delegation from Pennsylvania in con-
gress. The senate has no doubt that the delegation
possess wisdom and intelligence to perceive the
enormities of the sub-treasury system, and it is the
earnest hope of the senate that no man among them
may want the integrity to oppose it. Should the
senate be mistaken in this, they will have reason
to fear that a submission to the will of power, and
not a regard for the interests of the people, consti-
tutes, in the minds of some, the best claim to the
name of democracy.
Resolved, That the speaker of the senate trans-,
mit a copy of the foregoing preamble and reso-
lutions to each of the senators and members of con-


gress from this state, to be laid before their respec-
tive houses.
[Extract from the journal.]
GEO. W. HAMERSLY,
Clerk of the senate,
MISSOURI VOLUNTEERS.
HoUSE OF REPRESENTATIVES, Jan. 31, 1838.
Messrs. GALES & SEATON: GENTLEMEN: I
observed in your paper of yesterday a letter taken
from the Savannah Georgian, purporting to be
from an esteemed correspondent," who, alluding
to the battle fought on the 25th December last, be-
tween the troops under colonel Taylor and the
Seminoles, closes his communication with this re-
mark: "The Missouri volunteers are said to have
behaved badly, having retreated and left their gal-
lant colonel to be carried off the field by the regu-
.lars, which was done by order of one of the regi-
ments engagedd" I cannot believe that the writer
intended any injury to the volunteers engaged in
that action.- The effect, however, upon the brave
men, implicated by the remark, is the same. It is
to be sincerely regretted that charges of so serious
a nature have become so common and ordinary an
occurrence, upon such slight foundations. I can-
not but feel a lively interest in every thing affect.
ing the character of the Missouri volunteers, as all
of them are my constituents, most of them, my
neighbors, and many of them my townsmen. Be-
lieving that great injustice has been done, uninten-
tionally, to these men, I send the enclosed letter
from Dr. John A. Hannah, surgeon of the 7th regi-
merit of the Missouri volunteers, for publication,
Dr. Hannah is a citizen of the town in which I re-
side; I know him well, and know him to be a man
of truth and of a high sense of honor. His par-
ticular reference to the company from Callaway
county arose, I presume, from a desire to give me
information relative to the conduct of those,who
are from the same county in which we both reside.
If I should be so fortunate as to remove the un-
favorable impression' likely to be made against
these gallant men, by the remark alluded to, I will
have but discharged a duty to those who, whether
as soldiers or as citizens, are as brave in the field
as exemplary in the walks of private life, and as
jealous of their honor, in either capacity, as any
other portion of the citizens of this union.
I am, very respectfully, your obedient-servant,
A. G. HARRISON.

[ENCLOSED IN THE ABOVE.]
TAMPA BAY, (E. F.) Jan. 8, 1838.
DEAR HARRISON: Having returned to Tampa
Bay, with the remains of col. Gentry's regiment,
to recruit, after six weeks' hard mnarchirng, and
some fighting in the interior, I have time to, drop
you a few lines. You have, doubtless, before this,
heard of the battle fought by col. Taylor's bri-
gade, on the 25th December, against the Seminoles.
Gentry's regiment was attached to Taylor's bri-
gade, and had the misfortune to suffer considerably
during tire engagement. Gen. Gentry was car ried
off the field mortally wounded, soon after the ac-
tion commenced, and survived but a few hours.
During the time he remained in the action, Gentry
behaved with bravery bordering on desperation-
rushing ahead of his men, and calling upon them
to charge the hammock in which the Indians were
ambushed. The company from Callaway, under
the command of capt. Russell, behaved well, and
sustained the heavy fire of the Indians until col.
Gentry was carried off the field.
Our regiment will, in all probability, be dis-
charged in a few weeks. There are a great many
troops in Florida, but God knows when this paltry
war will be at an end. The weather is so hot here
that it is impossible for troops to keep the field
longer than the 1st of May. I have had no news
from Missouri for some time past. I would be
pleased to hear from you at any time.
Very respectfully, your obedient servant,
J. A. HANNAH,
Surgeon 1st Reg. Missouri Volunteers.
THE CHEROKEES.
WASHINGTON CITY, Jan. 31, 1838.
Messrs. GALES AND,SEATON: That both parties
in the Cherokee nation may be heard, I request
that the enclosed exposition of Elias Boudinot may
be published in the National Intelligencer.
Respectfully,
Your obedient servant,
C. E. HAYNES.

SENATE CHAMBER,
WASHINGTON, Jan. 31, 1838.
MESSRS. GALES AND SEATON: GENTLEMEN: I
find the columns of the Initelligencer of this morn.
ing's date, chiefly occupied by the publication of











NILES' NATIONAL REGISTER-FEBRUARY 24, 1838-CONGRESS. 403


the memorials, and other writings of Mr. John
Ross and co. remonstrating and protesting against
the justice and validity of the Cherokee treaty of
183-. I am- familiar with the contents of these
papers, and am apprised of the plausibility of their
contents, when exhibited in an ex parle form, and
to persons who are unacquainted with all the cir-
cumstances and facts connected with the subject.
'. I feel it a duty which I owe to the country, to
my Government, and to the individuals- who are
implicated by these publications, not to permit this
delusive statementto be handed down to posterity,
and that in the columns of the Intelligences, with-
out an effort to counteract what I deem to be mis-
chevious error, and to place the subject in its true
light before the public.
In order, therefore, that the readers of the Intel-
ligencer, now and hereafter, as well as the historian
who may collect materials from the preserved files
of the newspapers of the present day, may find the
means of making up a correct decision on this suib-
ject, I have, thefore, respectfully to request of
you, as faithful journalists, to publish in the Intelli-
gencer, at as early a day as practicable, the reply
of Elias Boudrinot, as re-published by order of the,
senate, being document No. 121. This reply of
Mr. Boudinot, although not written as a reply to
the particular papers now published by you at the
request of Mr. Ross, will, nevertheless, be found-a
most conclusive*refutation of all the most important
grounds of Mr. Ross, contained in the memorials
and papers referred to. Moreover, Mr. Boudinot's
reply will exhibit Mr. Ross in his true character,
and give to the public the most clear and correct
view of the subject under consideration, of any
publication which I have seen. -
Should any cause'whatever prevent your com-
pliance with my request herein contained, I then
have to request that 'you will at least publish this
letter, in order that those who may read and exa-
mine the files of the Intelligencer after the present
generation shall have passed away, may find this
letter as an index to point to a more correct history
of facts than that which is contained in the memo-
rials and papers of Mr. Ross.
Moreover, .other and strong considerations tend
to enlist all my sympathies in behalf of the Chero-"
kee people, and to avert impending evils which
tl'-',..in lihemn, and to promote their present and
[.r-0 ar, ir, t %.'elir, Therefore, I wish to weaken
the inicnekrous miluence which such publications
as i,.:-. ].:-,ri.-.ril: and papers are calculated to
produce, if permitted to go to the world uncontra-
dicted.
These publications tend to affect the interest of
the Cherokee people most injuriously, by mislead-
ing and enlisting the feelings of persons of charac-
ter and influence, and thereby cause such persons
to encourage the Cherokee people in a continuance
of their opposition to a treaty, upon the execution
of which their temporal salvation chiefly depends.
I am, gentlemen, very respectfully, your obe-
dient servant, WILSON LUMPKIN,
of Georgia.

AWARDS UNDER THE TREATY WITH
SPAIN.
A list, of the several awards made by the commis-
sioner appointed under the act entitled "An act to carry
into effect a convention between the United States and.
Spain," and reported by him to the department of
state, '
Adeline, brig-Kempton, master.
No. 23. William B. Moffitt, [cargo] $338 60
No. 17. Charles W. Cartwright [vessel and
freight] .- 294 42
No. 20. Massachusetts fire and marine in-
surance company, [vessel and
freight] 3,267 00
No. 19. Merchants' insurance company,Jos.
Balch, president, [cargo] 3,146 56
No. 18. William Kemipton, [cargo] 111 03
No. 21. Timothy Walker, [cargo] 1,845 80
No. 22. Silas Kempton, [cargo] 187 09
No. 24. H. and Q. Reed, [cargo] -. 385 91
Antelope, schooner-Berrian, master.
No. 59. Trustees of the Pacific insurance
company of New York, [cargo] 482 83
Trustees of the hope insurance
company of N. York, [four poli-
cies on cargo] 3,440 75
American insurance company of
New York, [policies on vessel,.
freight and cargo].. 1,442 88
American, barque-Emery, master,
No. 51. H. Clark, [cargo for. self
...' 1.: '. : ,. "a 84,807 45
Do. [vessel and freilht] 1,477 49
Total-Henry Clark --- 6,281494
William Jefferds, [cargo] 320 73
D. W. Lord, [cargo] 320 73


China, ship--Goodrich, master.,
No. 74. N. L. and G. Griswold 59,574 92
No. 38. American insurance company of
New York 19,263 62
No. 72. Ocean insurance company of New
York 305 84 ]
No. 71. Gurdon Miller, attorney of H. D.
Sewall .- 1,053 46 ]
No. 83. Same, administrator of Norman
Dexter 5,037 89
No. 84. Same, attorney of Louis Thibon -760 02 ]
No. 70. Same, attorney of Israel Champion 149 18
No. 69. Same, attorney of Chas. De Forest 288 90
No. 39. James Goodrich 2,441 09
No. 34. John Peshire 594 13
No. 82. Gurdon Miller, attorney of Atlantic
insurance company of N. York 467 25
China, ship-Whittlesey, master.
No. 73. N. L. and G. Griswold 26,316 19
Calypso, brig-Paine, master.
No. 62. Ocean insurance company of New 4
York, [cargo] 4,288 00
Trustees of the Pacific insurance
Company of New York, [cargo,
freight and vessel]. 10,116 25
American insurance company, N.
York, [cargo]' 7,478 75
No. 62. Jedediah Paine, [cargo] 434 00
E... ,'.-- .'.., master.
No. 4. Z .... ,.l ....ri,. :. W .Lowe,
and William Ferson, administra-
tor of Wm. B. Pearson, on ves-
sel, freight and cargo 2,211 60
No. 5. Social marine insurance company,
[vessel and cargo] 902 69
No. 14. Suffolk insurance company, Boston,
[vessel and cargo] 5,158 74
No. 16. Benj. C Clark, assignee of John l
Clark, [cargo] 2,641 42
No. 28. Samuel Wheeler, of Boston, for
himself, and attorney for Seth
Sweetser, and Newell and Eve-
leth, [cargo] 1,447 45
S. Wheeler'sinterest 8473 61
S. Sweetser's do. 598 46
Newell and Eveleth's do 375 38'
Elizabeth, schooner- Vest, master.
No. 58. Trustees of the national insurance
company of New York, [cargo] 646 25.
Ocean insurance company of New
York, [cargo] 9,216 66
Trustees of the hope insurance com-
pany of N. York, [cargo, freight
and vessel] 13,033 89


Freemason, schooner-Rogers, master.
No. 10. Thomas G. Reyburn.
No. 9. Alexander Thompson.
No. 8. Universal insurance company, Bal-
timore -
Fairy, brig-Hiller, master.
No. 61. Henry Harbeck, [vessel, freight and
cargo] -


1,335 92


9,061 70


General Carrington, ship--Martin, master:
No. 11. Edward Carrnngton, jr. assignee .of
Edward Carrington and Samuel
'Wetmore, surviving partners of
Edward Carrington & Co. 92,156 77
No. 27. Edward Carrington, jr. assignee of,
and insurer for, Chas.-B. Britnell 598 99
No. 25. Edward Carrington, jr. assignee of
Edward Carrington and Samuel
-Wetmore, assignees of Samuel
Russell 4,734 87
No. 26. Thomas P. Bucklin 59 26
No. 37. Jesse Metcalf, administrator of Jas.
W. Mitchell, [one-half invoice of
Mitchell and Dennison] 406 45
No. 99. Perkins and Co. by S. Cabot, sur-
viving partner 2,491 77
No. 101. Joseph Hartt, administrator of Jno.
Hartt -: 1,233 71
James Lawrence, brig-Green, master.
No. 40. Peter Hager, [cargo -. 1,506 96
No. 66. Phoenix insurance company of Phil-
adelphia, [cargo] .- 6,323 53
No. 79. Hosea Riddle and Penelope Riddle,
executrix of James Ray, deceas-
ed, [cargo] 8,833 29
No. 100. Thomas Lay, [cargo] 632 00
Jubilee, schooner-Hill, master.
No. 90. G. G. and S. Howland, [freight and,
cargo]- 3,613 98
Representatives of Thos. Backus, 98
[freight and cargo] 3,613 98
Wright and Shelton, [freight and
cargo] 3,613 -98


Maria, brig-Ringe, master.
No. 87. Elizabeth Vail, administratrix of
Aaron Vail, [vessel, cargo and
expenses] -' -


15,782 86


Morgiana, brig-Sistacha, master.
No. 3. John M.Lapeyre, [expenses, dam-
ages] .- 7,925 87
Mosquito, schoouier--Tift, master.
No. 60. Trustees of the Pacific insurance
company of New York 3,223 62


American insurance company, N.
York 5,641 08
No. 81. H. and D. Cotheal 3,741 68
Otter, brig-Keating, master.
No. 13. Francis C. Gray .. 5,335 94
No. 12. John C. Gray 'and Horace Gray,
executors of Wi. Gray 23,227 31
No. 95. Merchants insurance company, Jos.
Balch, president; Henry Gray's
policy on cargo 5,847 26
No. 96. Massachusetts fire and marine in-
surance company, N. G. Snel-
ling, president; Henry Gray's
pocey on cargo 5,847 26
No. 50. Henry Gray. See memorial, 80.
No. 80. To Gilbert Allen, as assignee of the
whole of Henry Gray's interest 15,247 26
Rising States, brig-Brown, master.
No. 89. G. G. and S. Howland, one-half
award, or Alfred Seton, one-
fourth do. 869 69
Representatives of Joseph Skinner 869 69
Sam, brig-Gordon, master.
No. 36. John Peters, for Joshua Gordon,
[cargo] 6,208 21
No. 54. Peters, Bond, and Co. including
captain (.., ..I's wages, ($686)
vessel, 5. -".':' ,.I expenses] 6,831 90
Union, schooner-Lawson, master.
No.. 35. Claim of the Marblehead marine
insurance company, [vessel] -' 964 50
No. 46. Albert Thorndike, R. Rantoul, and
C. Stephens, trustees of the Bev-
erly marine insurance company,
[vessel and cargo] 4,768 50
Nos. 44 and 45. Merchants'insurance com-
-pany.of Boston, [cargo] 2,852 50
No. 41. Charge Bradbury, of Boston, attor-
ney for Barnabas Hedge, of Ply-
mouth, Francis Welch, Caleb
Loring, both of Boston, and John
Bellows, [cargo] '- 2,386 50
No. 86. Win. Oliver, of Dorchester, [cargo] 1,087 80
No. 42. Benjamin Merrill and Richard S.
Rogers, executors of Aaron Wait,
deceased 285 50
No. 43. Caleb Smith, of Danvers, Mass.
[cargo] 313 09
No. 47. Sundry shippers of Beverly, Mass.
[cargo] William Goodridge 107 00
Nehemiah Roundy, for self and G.
0. Lawson 324 12
John Morgan .- 100 94
Wm. Endicott, surviving partner of
Nathan Lawson 304 35
Robert Curry 29 32
No. 98. Wm. Lawson, of Beverly, [caro] 63 96
No." 91. George 0. Lawson, of N. York,
[cargo] 3,210 29
No. 49. J. W. Ward, surviving partner of
Roper and Ward, [cargo] 408 82
Extract from the journal of the Spanish Commission.
BOOK LETTER A.
"January 31, 1838.-Ordered and decreed by the
commissioner, that twenty-eight and one-half per cent.
(28 1-2) be added to the amount of each and every of
the awards allowed to claimants, making the total
amount awarded to said claimants, including the 28 1-2
per cent. additional, the sum of $599,850 28."
Approved: LOUIS D. HENRY.
Atttest: JoHN I. MuMFroD, Secretary.
February 16, 1838..
TWENTY-FIFTH CONGRESS.
SECOND SESSION--SENATE.
Thursday, Feb. 15.-After the presentation of
petitions and the transaction of some business of
matter of importance,
I The senate took up the resolution, offered by Mr.
Young, calling on the secretary of the treasury for
the names of those collectors, receivers and dis-
bursers. of the public money who have been re-
ported to congress as defaulters at the present ses-
sion, with the circumstances, amounts of deficit,
&c.
Mr. Hubbard asked for the reasons for this reso-
lution.
Mr. Young stated that of the great many who
had been reported as defaulters, some, in his know-
ledge, were really not defaulters. There might be
others such, and he was desirous that the circum-
stances of each case should be fully known, that
justice might be done to all.
The resolution was then agreed to.
On motion of Mr. Benton, the committee on the
public lands were instructed to inquire whether
any, and, if any, what legislation is expedient to
give effect to the act of 1834, making a grant of
land to certain Polish exiles.
Mr. Tipton, on leave introduced a bill to author-
ize a subscription on the part of the United States
to stock in the Jeffersonville and New Albany ca.
nal company. Read twice, and referred.
[On introducing this bill Mr. Tipton said, this
bill authorized the.secretary of the treasury to sell
the United States stock in the Louisville and Port-










NILES' NATIONAL REGISTER-FEBRUARY 24, 1838-CONGRESS.


land canal, and to invest the proceeds of tilhe sale following bills were severally read the second time,
in stock of the Jeffersonville and -New Albany ca- and considered as in committee of the whole, and
nal company. The latter company was incorpo- ordered to a third reading: The bill for the relief
rated by an act of the legislature of Indiana; the of Jean de Mallet. The bill for the relief of Wil-
company now stands in need of the aid of the gen- liam H. Roberts, Samuel H. Garrow, and J. W.
eral government. I do not (said he) make an ap- Symington. The bill from the house for the relief
plication for a direct appropriation of money from of Jesse E. Dow. The bill from the house for the
the treasury, but to sell our stock vested on the relief of the legal representatives of John McCar-
Kentucky side, and to invest it in canal stock on ty, deceased. The bill from the house for the re-
the Indiana side of the Ohio. The stock owned lief of John B. Perkins; and the bill from the
in the Louisville and Portland canal is about house granting to the county of Kalamazoo, state
$300,000 That stock is profitable stock, yielding of Michigan, a quarter section of land, on the terms
13 to 18 per cent. This large profit is collected and conditions therein mentioned. The senate took
from the commerce of the inhabitantsof the valley up the bill to amend the act entitled an act for the
of the Ohio above the falls. Itsurelyis notthe poli- appointment of commissioners for the adjustment
cyofthis governmentto become toll-gatherersofthe of claims in reservations of land under the Choc-
people of one section of the country for the bene- taw treaty, returned from the house of representa-
fit of another. All I now ask is to sell our stock ties with amendments, and, on motion of Mr.
on the Kentucky side, and vest it in stock on the White, the amendments were concurred in.
Indiana side, where a canal of sufficient capacity to The senate resumed the consideration of the sub-
pass the largest class of steamboats will be con- treasury bill, and the substitute offered by Mr.
structed. Every one acquainted with the Louis- Rives.
ville and Portland canal will admit that it is not of Mr. Tipton spoke at considerable length in oppo-
sufficient capacity to give speedy and convenient sition to the bill, as more objectionable than a state
passage to the largest class of vessels that navi-, bank system, and still less to be preferred to a na-
gate the Ohio river; the completion of the Indiana tional bank.
canal would cheapen the transportation of the pro- Mr. Clay, of Kentucky, then rus3 and said, he
duce of the farmers in the valley of the Ohio above was desirous to express his views on this subject,
the falls.] but the state of his health was such at this time as
The bills for the relief of certain citizens of Ar- to induce him to ask the senate, if it was too early
kansas, to adjourn, to suspend the proceedings on the bill
And for the completion of certain military roads for to-day, and pass to other business.
in Arkansas, were severally considered, and order- On motion of Mr. Linn, the senate went into an
ed to be engrossed for a third reading. executive session. After the doors of the senate
The senate resumed the consideration of the bill were ao-ain opened,,
imposing additional duties as depositaries on cer- Mr. FWebster rose and read the letter of the hon-
tain public officers, &c.-the question being on Mr. orable Mr. Ruggles in relation to the charge of cor-
Rives's amendment. ruption, as stated in the last "REGISTER," page
Mr. Calhoun addressed the senate for more than 385.
two hours, at large, in favor of the bill, and in op- Monday, February 19.-The galleries being full,
position to the substitute, and large number of ladies having taken seats in the
Mr. Tipton desiring to make some remarks on chamber, without the bar of the senate-
the subject, moved an adjournment, but the senate Mr. Walker moved to suspend, for this day, so
held a short executive session, and then adjourned. much of the rules of the senate as excludes ladies
Friday, February 16. The vice president pre- from the lobby.
sented, from the war department, statements of all Mr. Linn moved to amend this motion by re-
the contracts made by the department for 1837. scinding this portion of the rules.
Laid on the table and ordered to be printed. Either motion requiring the unanimous consent
After several petitions had been presented, on of the senate, or a day's previous notice, and objec-
motion of Mr. Bayard, it was resolved that after tion being made by Mr. Grundy and Mr. Wall, the
the senate adjourn it adjourn to meet on Monday. question could not be put, and the motion fell.
On motion of Mr. Tallniadge, Mr. Linn then offered the following, which lies
Resolved, That the secretary of the treasury be di- over one day.
reacted to report to the senate what amount has been re- Resolved, That the front seat in the semi-circular
ceived into the treasury, or by the agents of the depart- galleries be reserved exclusively for ladies.
ment from the governments of France and Naples, on Mr. lWalker presented the credentials of the
account of the indemnities due from these governments, honorable fames F. Trotter, senator elect from
according to the existing treaties between them and lhe Mississippi in the place of Mr. Black, resigned,
United 8,ates, specifying each sum received, whether in Miosapi i o t he pla l of M ack higned,
specie or otherwise, how transferred from the places who appeared, took the usual oath and his seat.
where received to the United States, through what Mr. Buchanan presented the resolutions of the
agents, at what expense, and what were the nett pro- legislature of Pennsylvania, as follows:
ceeds of each instalment, when converted into money of RESOLUTIONS FOR THE POSTPONEMIENT OF THE
the United States. Also, in what manner the nett pro- SUIT-TIREASURY BILL.
ceeds of each of these instalments have been paid over Resolved, by the senate andhouse of representatives
to the persons entitled thereto, whether in specie or in of the commonwealth of Pennsylvania in general'
notes ofspecie paying banks or otherwise, at what datas,
and through what aes. Asowhat seements assembly met, That our representatives in congress
been made with the government of France respecting be requested, and our senators instructed, to vote
an arrearage of the four first instalments, claimed by our and uie their influence for a postponement until
government, and recently allowed by that of France, the next session of congress, of the act introduced
andhowvthe same aswellas the lastinstalment now due by the lion. Silas Wright, of New York, commonly
from France;is to be transferred to the United States, called the sub-treasury bill, or any other act or acts
through what agents and upon what terms. of a similar character, and that they vote at this
Mr. Roane, from the committee to which had session for no act of a similar nature; and that we
been referred the bill of the house of representa- have full confidence in Martin Van Buren, and in
tives authorizing the agents and managers of the the wisdom and intelligence of our democratic
Washington monument society to erect a monu- senators and representatives in congress; and that
ment in memory of George Washington on the our senators are hereby further instructed, and our
public mall, reported the same without amend- representatives are requested to vote for such a
ment. mode of receiving, keeping, and disbursing the pub-
On motion of Mr. Roane, the committee on revo- lic moneys, as will separate as far as practicable
lutionary claims was discharged from the further the banks from tihe government.
consideration of the resolution directing an inquiry Resolved, That the governor be requested to
into the expediency of establishing in this district transmit a copy of the above resolution to our
an institution for the education of the indigent senators and representatives in congress.
blind. LEWIS DEWART,
Mr. Daris, from the committee on commerce, Speaker of the house of representatives.
reported a joint resolution authorizing the state of J. R. BURDEN,
Massachusetts to levy and collect a tonnage duty Speaker of the senate,
on vessels entering the port of Boston, for the pur- Approved, the 16th day of February, 18:38.
poses therein specified; which, by general consent, JOS. RITNER.
was read the first and second time, and considered OFFICE OF THE SECRETARY OF THE)
as in committee of the whole, and ordered to be COMMONWEATH, HARRISBURG, Feb.
engrossed for a third reading. 16 1838.
After some other business, the, following bills
were severally read a third time and passed. This is to certify that the above is a true copy of
An act for the relief of Daniel Steinrod. An act the original resolutions on file in this office.
for the relief of sundry citizens of Arkansas, who THO. H. BURROWES,
have lost their improvements in consequence of the Secretary of the commonwealth.
-- -ween the United States and the Choctaw Mr. Buchanan addressed the senate as follows:
mnd the bill making appropriations to Mr. President: I rise to present to the senate a
certain military roads in Arkansas. The resolution of the legislature of Pennsylvania, which


I received from governor Ritner on yestei day after-
noon, requesting their representatives in congress;-
and instructing their senators, "to vote and use
their influence for a postponement, until the next
session of congress, of the act introduced by the
hon. Silas Wright, of New York, commonly called
the sub-treasury bill, or any other act or acts of a
similar character; and that they vote at this session
for. no act of a similar nature." The legislature
also, by the same- resolution, declared that they
"have full confidence in Martin Van Buren, and in
the wisdom and intelligence of their democratic
senators and representatives in congress;" and fur-
ther instruct and request their senators and repre-
sentatives "to vote for such a mode of receiving,
keeping, and disbursing thie public moneys, as will
separate, as far as practicable, the banks from the
government:"
I feel confident that the senate will pardon me,
considering the peculiar position in which I am
placed, for making a few remarks in explanation of
the course which I intend to pursue under this reso-
lution. It is well known,: both to the senate aid
to the country, that at the last session of congress,
I presented may views in detail in favor of a sepa-
ration of the treasury from all banks, as fiscal agents
of the government. My opinion upon this subject
remains unchanged: nay, it has been confirmed by
subsequent events and subsequent reflection. After
a careful examination of the bill reported bythe
senator from New York, as it has been since amend-
ed, I think, in the main, it is well calculated to
carry into practice this principle of separation.
Whilst it increases executive patronage to a very
small extent, and no more than is absolutely neces-
sary to carry into effect its principles, it confers no
power whatever uponthe secretary of the treasury
over the. public money, except that which lie has.
exercised ever since the origin of the present go-
vernment: and a provision of the h-ill, which has-
never existed heretofore, renders it impossible that
the ordinary treasury drafts which are delivered to
the public creditors should ever.be used as currency.
With some further amendments, whidl I need not
now specify, but which I had intended to move, on
a proper occasion, I should have given a cheerful
support to this bill. But I am instructed: and it
remains for me to decide what course I ought to
pursue, tinder this change of circumstances.
Ever since I was capable of C'rr,.irn an ,.[iric.nr
upon this subject, I have belie -.d l lit th.:- l a-
tures of the several states had a rilt I. irir.,-t
their senators. In my opinion, this right results
from the very nature of our constitution, which is
a federal compact between distinct and sovereign
states. It has ever been considered, with but few
exceptions, a fundamental article. in the political
creed of that party to which I am proud to belong.
I have, in public and in private, in the face of the
senate and before the country, often expressed this
opinion; and I shall never preach one doctrine of
political faith, and practice another. I shall never
.shrink from what I conceive to be my duty, be-
cause. in performing it, I may apply the torture to
myself.
I know that some of my most valued friends in
Pennsylvania, who hold the right of instruction to
be sacred, are of opinion that, under the peculiar
circumstances of this case, I ought to disobey these
instructions. But do they not perceive that if the
senator can look behind his instructions, the right
is at once abandoned? Under the pretext, or, if
you please, under the honest belief, that they do
not speak the voice of the people, or that they
have been corruptly or improperly obtained, a
senator could always justify himself to himself for
disobedience. I shall, therefore, not disobey my
instructions. My only alternative, then, is either
to obey or to resign,
Upon questions-of mere expediency, in which no
constitutional principles are involved, it ought to
be a very strong case to induce- the senator to
abandon his post. If every difference of opinion
between the senator and his legislature should pro-
duce this effect, the right of instruction itself would
soon grow into disrepute, and the senatorial term
of six years, as fixed by the constitution, would
terminate whenever such a conflict of opinion
should arise.
I can conceive of extreme cases in which, on
questions of mere expediency, an honorable man
might feel himself disgraced in even becoming the
agent to give the vote of his state. No person, of
any party with whom I have conversed, considers
the present to be such a case; and I am confirmed
in my own opinion upon this subject by the exam-
,ple of the senator from Tennessee, (Mr. Gruvnry.)
I shall, therefore, obey my instructions honestly
and in good faith; and, like him, on every question
of proposed amendments, shall give such a vote as









NILES' NATIONAL REGISTER-FEBRUARY 24, 1838-CONGRESS. 40


a fair and honorable opponent of the bill ought, in
my judgment, to give.
It is scarcely necessary to add that, as I am not
instructed to support the substitute for the bill, of-
fered by the senator from Virginia, (Mr. Rives,) I
shall exercise my own opinion and vote against its
adoption.
I shall take leave to express my high gratifica-
tion at one clause contained in the resolution ofin-
struction. The legislature of Pennsylvania have
shown to the world that they justly appreciate the
merits of the statesman whom the people of the
United States have placed at the head of the go-
vernment, by declaring "their full confidence in
Martin Van Buren." Such a well-deserved tri-
bute to superior merit might be considered as the
incense of flattery, had it been offered by his politi-
cal friends. The reverse is the case upon the pre-
sent occasion. The resolution containing this ex-
pression of confidence, oni its final passage, re-
ceived the vote of every opposition member of the
house of representatives, and, I 'am informed, of
the senate, whether whig or antimason, and was
approved by Joseph Ritner, governor. Thus, even
his very enemies are made to praise him. I ought
to say that I have not yet received any statementof
the votas of the individual senators.
A compliment equally well deserved is paid by
the resolution to the democratic portion of the re-
presentatives of the state in congress. I heartily
commend the legislature for expressing full confi-
lsence in their wisdom and intelligence. A more
firm, faithful, intelligent and patriotic set of men
has never represented Pennsylvania.
We are also instructed, in the conclusion of the
resolution, "to vote for such a mode of receiving,
keeping and disbursing the public moneys, as will
separate, as far as practicable, the banks from the
government." Now it is our duty, if possible, to
reconcile and render consistent the first with the
last clause of the instruction, and to give to each
of them its proper weight. My conception of their
meaning, when thus fairly construed, is, that whilst
we are bound to oppose the separation of the banks
from the government in the manner proposed by
the bill of the senator from New York, or by any
bill of a similar nature, yet we are equally instruct-
ed to support any other and different -"mode of re-
ceiving, keeping, and disbursing the public mo-
neys, which wilT separate, as far as prae'able, the
tihe. from the government." In short, the legis-
L.tuir are fri-ndiln to such a separation; but they
anr.- u'posed to n4 accomplishment in the manner
eprop.nt-edl by e bill now before the senate. Whe-
ui.:r .aiy .. Ii racticable mode of effecting this
separation can be devised, I shall not at present
pretend to say. I shall not now participate in the
general debate on this bill, as I hliad intended, and
will, therefore, have ample time for reflection on
the subject, and should I become convinced that
any mode can be devised of accomplishing the
same object, different in its nature and character
from this bill, I may perhaps present it hereafter in
the form of an amendment.
Mr. Buchanan then presented the resolutions,
and on his motion they were read, and ordered to
be printed, and laid upon the table.
He also gave notice that he would, at the first
convenient opportunity, after consulting his col-
league, move, in obedience to his instructions, to
postpone the bill reported by the senator from New
York, until the next session of congress.
The vice president communicated to the senate a
report from the secretary of war, in relation to
the construction of a harbor at City West, Indiana;
which was read, and ordered to lie on the table.
Mr. McKean presented numerous petitions from
sundry residents of Philadelphia county, in Penn-
sylvania, remonstrating against the annexation of
Texas: laid on the table.
Mr. Wright presented a memorial frotn certain
citizens of Niagara county, praying the adoption of
certain measures in relation to the proceedings on
the part of the British authorities in burning the
steamboat Caroline: referred to the committee on
military affairs, and ordered to be printed.
Mr. Young presented the petition of certain citi-
zens of Illinois, praying the passage of a pre-emp-
tion law to settlers on' the public lands: ordered
to lie on the table, and be printed.
Mr. Walker presented a petition of certain citi-
zens in the county of Coahuma, in the Choctaw
purchase, praying the passage of a pre-emption
law: laid on the table and ordered to be printed.
Mr. Norvell presented a preamble and resolution
from the state of Michigan, instructing their sena-
tors to urge upon congress the immediate abolition
of imprisonment for debt, in civil cases coming
within the jurisdiction of the courts of the United
States: referred to the committee on the judiciary,
and ordered to be printed.


Mr. Norvell also presented resolutions from the
same state, for the passage of a law exempting
newspapers from postage in the respective states in
which they are printed: referred to the committee
on the post office and post roads, and ordered to be
printed.
Mr. Knight presented a memorial from sundry
citizens of Providence, Rhode Island, praying the
rejection of the sub-treasury bill: ordered to lie
on the table, and be printed.
Mr. Benton presented the petition of the clerks
of the bureaus of the war department, praying ang-
mentation of their salaries: referred to the commit-
tee on military affairs.
Mr. Wright, from the committee on finance, made
unfavorable reports on the petition of James Baker,
of the umbrella makers of the city of Philadelphia
and on that of Theodore Victor, the latter accom-
panied by a report, which was ordered to be printed.
Mr. Linn submitted the following:
Resolved, That the front seats on the circular
gallery be appropriated exclusively to the use of
the ladies.
On motion of Mr. Lyon,
Resolved, That the secretary of war be instruct-
ed to communicate to the senate a copy of the re-
port and map of the survey made by lieutenant
Poole, of the United States army, under the direc-
tion of the quartermaster's department, of a mili-
road from Saginaw to Mackinaw in the state of
Michigan.
The following bills from the house of represen-
tatives were severally read a tbirdtime, and passed:
A bill for the relief of JesseE. Davis.
A bill for the relief of the legal representatives
of John McCarty, deceased.
A bill for the relief of John B. Perkins.
The joint resolution authorizing the state of Mas-
sachusetts to collect tonnage duty on vessels en-
tering the port of Boston, and the bills granting to
the county of Kalamazoo, in the state of Michigan,
the right of pre-emption to a quarter section of
land.
For the relief of John B. Valle.
For the relief of William H. Robertson, Samuel
R. Garrow, and J. W. Simonton,
Were read a third time and passed.
Mr. Clay being entitled to the floor, rose and ad-
dressed the senate at large in opposition to the bill,
and in reply to the remarks of Mr. Calhoun-com-
prising a history of the experiments of the late
administration on the currency, and a development
of the premeditated, systematic, and mischevious
designs of the late president of the United States in
relation to the banking institutions of the country,
with a view to the ultimate establishment of a go-
vernment or treasury bank, which policy this sub-
treasury bill is one of the steps for carrying out
and effecting. ,
Mr. Clay concluded his speech at a little after 5
o'clock,
When Mr. Calhoun rose and said he wished to
make a single remark. He did not think proper to
interrupt thlie senator from Kentucky while he was
speaking; but it was due to himself to say, that
the gentleman had misstated and perverted almost
every argument hlie (Mr. C.) had advanced. He
would say more: he intended to pay his respects to
that senator at the first opportunity, both with re-
spect to his argument and his personal attack on
him; and when he did so. the account between them
should be fully cancelled.
Mr. Clay replied that whether or not he had mis-
stated or perverted the argument of the senator from
South Carolina, was not for that senator to say.
He (Mr. C.) would appeal to a less partial judge-
to the senate. As, to any intention on the senator's
part of paying, he was as ready to receive as the
gentleman was to pay. He sought a contest with
no man, and he should not avoid one with the sena-
tor from South Carolina.
Mr. Calhoun said that he knew not what the
senator meant by his being ready to receive; but he
would appeal to the senate whether his remarks
were not of such a character as to demand from him
what he said.
On motion of Mr. dllen,
The senate adjourned.
February 20. The vice president presented from
the treasury department, the report of the solicitor
of the treasury on the case of the late receiver of
the land office at Huntsville, Mississippi. Laid on
the table, and ordered to be printed.
Mr. McKean presented resolutions of the .senate
of Pennsylvania, on the subject of the sib-treasu-
ry bill, concurring in relation to that bill with the
resolutions presented by Mr. Buchanan yesterday.
[See the resolutions, page 404.]
The resolutions were read, laid on the table, and
ordered to be printed.
The following petitions, &c. were presented:


By Mr. Linn : From citizens of Kentucky, Ten-
nessee, Alabama, Mississippi, and Missouri, ask-
ing an appropriation for a road from Columbus,
Kentucky, to the land suink by an earthquake in or
near Missouri. Referred.
Also, from 290 citizens of Missouri for a new
land district. Referred.
Also, from 46 residents on the river St. Francis,
asking for another survey of that river. Referred.
[Messrs. Linn and Sevier made explanatory re-
marks on this memorial, from which it appeared
that the navigation of the river St. Francis is ex-
cellent for about 200 miles from its month ; that it
is then interrupted for about 40 miles by rafts and
swamps, on the land sunk by an earthquake, which
is of the most valuable kind, except that it is over-
flown ; that the navigation is then good far beyond
that point; that the former surveyor examined the
premises in an unfavorable time, when the water
was high ; and that there are individuals who ar,-
now ready to open the navigation for the land which
may thus be reclaimed, and which is now worse
than useless.]
By Mr. Buchanan: From a number of captains,
pilots and others, navigating the Mississippi, Ohio,
Monongahela and Allegany rivers, presenting strong
reasons 'iby Pittsburgh should be made the site of
one of the western marine hospitals. Referred.
Also from citizens of Pennsylvania, asking the
completion of the fligate Raritan. Referred. By
Mr. Lumpkinand Mr. Young, for new mail routes.
Referred. By Mr. McKean, Mr. Linn, and Mr.
Pierce, on individual claims. Referred. By Mr.
Prentiss: The petition of Ira Day, praying com-
pensation for extra service in the transportation of
the mail, for which the postmaster general is not
authorized to make payment. Referred. By Mr.
McKean and Mr. Swift, against the admission of
Texas. Laid on the table. By Mr. Swift, against
slavery and the slave trade. Motion to receive laid
on the table.
NATIONAL FOUNDRY.
Mr. Tipten, from the committee on military af-
fairs, reported a bill to establish a national foundry,
or armory, in the west, arsenals in the state where
they have not been established, and certain depots
for arms. Read, ordered to a second reading, and
500 extra copies of the accompanying report or-
dered to be printed.
Mr. 7Tpton gave notice that lie should move to-
morrow morning to take up the Cumberland road
bill.
On motion of Mr. Tallmadge, the committee on
finance were instructed to inquire into the expe-
diency of making allowance for house rent to the
officers in the navy yard at New York.
Mr. Roane presented resolutions of the legisla-
ture of Virginia, instructing and requesting their
members of congress to endeavor to induce con-
gress to refund the payment that has been made
by that state to the officers and soldiers of the Vir-
ginia line of the revolution. Referred, and ordered
to be printed.
Mr. Linn gave notice that he should, to-morrow,
ask leave to introduce a bill to encourage the intro-
duction and cultivation of tropical plants in the
United States.
Mr. Wall, on leave, introduced a bill for the re-
lief of captain Augustus A. Nicholson; which was
read twice,, and referred.
Mr. Hubbard moved that so much of the resolu-
tions of the senate of Pennsylvania, presented this
morning, as relates to the attempt to remove Jere-
miah Mason from the presidency of the Ports-
mouth, New Hampshire, branch of the late United
States bank, be referred to the committee on
finance, with a view to their ascertaining and re-
porting the facts of the case. The imputation, he
said, that this attempt was a political movement,
was without sufficient foundation. Such, it was
-certain, had been the conduct of the president of
that branch bank, as induced his political oppo-
nents to make an effort for his removal.
Mr. Webster was understood to say that it was
no more true that the bill now before the senate
came from the finance committee, or that the mes-
sage at the commencement of this session came
from the president of the United States, than that
the attempt to remove Mr. Mason was a political
movement entirely, beginning and ending in po-
litical motives. The whole correspondence on this
subject was on the files of the'senate; and the po-
litical movers in this business themselves placed it
on political grounds. After some further reference
to the circumstances ofthe case, Mr. W. concluded
by saying that he had no desire for this investiga-
tion; it was a by-gone affair, heretofore discussed,
and well understood; but if the members from New
Hampshire wished it, he had no objection; he was
ready for it.









406 NILES' NATIONAL REGISTER-FEBRUARY e4, 1838-CONGRESS.


Mr. Hubbard reasserted his opinions; and Mr.
Webster rejoined; when
Mr. Buchanan said "when Greek meets Greek,
then comes the tug of war." He. did not intend to
take any part in the high contest about to be waged
between the two distinguished senators.. It was
his purpose merely to state, that in construing the
instructions which he had received, he should be
guided by the lights of his own judgment, and not
by the construction which had been placed upon
them, subsequent to their passage, by the resolu-
tions of the senate of Pennsylvania, which consti-
tuted but one branch of the state legislature.
He had stated yesterday, on presenting his in-
structions that every member of the opposition
party in the senate, as he was informed,.had voted.
for the resolution. He knew that this statement
was true in regard to the house; but, from Harris-
burg papers since received, he perceived that the
resolution had been divided, on its passage in the
senate, into three distinct clauses; and that six
members of the opposition had voted against that
clause which expressed full confidence in Martin
Van Buren, and in the intelligence and wisdom of
their democratic senators and representatives.
He felt it to be due-both to himself and the sen-
ate to make this correction.
The motion to refer was now carried.
The senate resumed the consideration of the sub-
treasury bill, and the substitute for it offered by
Mr. Rives.
Mr. .Allen, of Ohio, spoke until five o'clock, in
support of the bill.
After an executive session, (moved by Mr. King,
of Alabama,)
The senate adjourned. .
Wednesday February, 21.-After debating a mo-
tion to discharge the committee on public lands
from the memorial of the legislature of Indiana;
praying a pre-emption of the Miami reserve, but
without deciding the question, and then disposing:
of sundry petitions, resolutions, &c.
The resolution, proposing a committee to inquire
into the allegation against Mr. Ruggles, of Maine,
(as requested by that senator,) was called up by
Mr. Webster, and agreed to-having first, been
modified, on motion of Mr. Calhoun, so as to.em-
brace an inquiry into any-other similarcharges-he
having been informed that there were.other instan-
ces of a similar character alleged against the sena-
tor. The resolution was also amended,.on motion
of Mr. Norvell, by investing the committee with
power to send for persons and papers,. The com-
mittee was then appointed by ballot, and consists of
the followin- members: Messrs. White, Davis,
Tallmadge, Jrittenden, and Young.
The special order (sub-treasury bill) now.came
up, but it being near two o'clock, the bill was, at
the instance of Mr. Crittenden,..who desired to
address the senate on it, deferred until to-morrow,
and .
The senate took up the bill making appropriations
to continue the Cumberland road, which was debat-
ed until past four o'clock, and then.the. senate ad-
journed.
HOUSE OF REPRESENTATIVES
Thursday, February 15-Mr. Bell moved that the
house resume the consideration of the bill frdmithe
senate entitled An act for the appointment of
commissioners to adjust the claims to reservations
of land under the 14th article of the treaty of 1830,
with the Choctaw Indians."
Mr. Dawson moved that the bill be recommitted
to a commiltee-of the whole house, and made the
special order for to-morrow.
Mr. Whilllesey remonstrated against occupying
any part of the time allotted to private bills.
Mr. Dawson changed his motion to a simple post-
ponement.
Mr. Bell intimated that he had. an amendment,
which he would prepare in a few moments, and
which would meet the chief objection of the gen-
tleman'from Georgia.
He then moved-to amend the bill, by adding an
additional section, as follows :
"Be it enacted. That nothing contained in this act,
or the act which this is intended to amend, shall be so
construed as to embrace the claim of any Indian or
head of a Choctaw family who has remained west of
'the. Mississippi river prior to the 1st of January, 1834."
Mr. Bell went into a brief recapitulation of the
history of the Choctaw treaty, and of the provi-
sions of the 14th article, which gave 640 acres of
land to every Choctaw head of a family who resi-
ded in-Mississippi, and should signify his intention
of remaining there, and should actually remain fbr
five. years.. Under this article, many fraudulent
claims had been set up, in the name of Indians who
had left the state, and gone beyond the Mississippi,
but had been brought back by speculators, who


urged them to present claims, and went halves in
the proceeds. 15,000 of the nation had emigrated
prior to the Ist. of January, 1834, but. it did not
appear that any had done so since that time ; hence
the limitation in his amendment.
Mr. Dawson objecting to this limitation, Mr.
Bell consented to modify his amendment, and struck
out the limitation. Mr. Haynes suggested that if
the Indians had. complied with the provisions of
this article of the treaty, and then after the. five
years gone west, he did not see how they could be
denied their land. Mr. Bell said there could be .at
most but very few such cases, and, if proved, con-
gress could make a special provision. for them indi-
vidually. After an explanation to. Mr. Owens why
the commissioners were allowed to change the place
of their sitting, Mr. Dawson made a general at-
tack upon the bill, which he pressed with much
determination and zeal, offering to prove that its
passage. would subject the United States to the
wrongful payment of ten or fifteen millions 'of dol-
lars. The original number of the Choctaws, at the
time of the treaty, was .19,000: of these. 15,000 had
gone west of the Mississippi: and of those who
remained, but 572 heads of families-had claimed
reservations: yet it now appeared from a letter of
the United States district attorney, (which he read,)
that there,was not less than 16,000 Choctaws.at this.
moment in the state, who. were likely to become
claimants under this 14th article of the treaty, viz.
2,000 heads of families, estimated to have, on an ave-
rage, eight children to a family! Mr. D. went into the
history of the agencies appointed by government,
and the claims on the part of the, Indians to reser-
vations within the state, and insisted that a large
portion of the latter.. had been. fraudulent in their
nature, having been gotten up. by speculators for
their own private ends.
To their influence he-traced the original appoint-
iment of the commission appointed by congress to
examine into Choctaw claims, and insisted that the
evidence it was now receiving was .all ex parte-in
the highest degree,loose. and vague; and yet, being
countervailed by no opposite testimony,-would have
to be allowed by congress hereafter. He then read
estimates- to show that the claims of. the 16,000
Choctaws and their- children would require three
millions of acres of land to satisfy them (being
one-fourth of the whole Choctaw lands relitiquish-
ed to the United.States) and at an estimate of five
dollars per acre would amount to- $15,000,000.-
Three dollars was the very lowest average value of'
these lands, which were the best in all the south-
western states.
Mr. .Belldeoied the correctness of the estimated
number of claimants, .which he read from a letter
to show would not probably exceed 800, if they
amounted to so many.
The morning hour having expired, Mr. Cambre-
lIng now moved that the house proceed to the orders
of the day. The question being put,the ayes were
39 the noes 47. No quorum voting. (The. mem-
bers were absent.listening.to Mr. Calhoun in the
senate.) Mr. Dromgoole moved -an adjournment;
op which motion .the yeas and nays being demand-
ed (and the. members pouring into their seats) it
was negative : Yeas 6, nays 136.
Mr. Cambreleng withdrew his motion, and Mr.
Fail-field renewed it; but it was negatived, and the
debate continued on the Choctaw bill. Mr.. Daw-
son concluded his speech, when Mr. Bell replied,
and,.as the best answer to Mr. Dawson, called for
the reading of a report from the committee on In-
dian affairs. It was read partly through by the
.clerk. Mr. B. then proceeded further to. show the
incorrectness of the estimated number of claimants;
and urged the fact, that if there were some fraudu-
lent claimants on Indian rights, there were also
pre-emption claimants to keep a sharp look out
upon them, and the government had its district at-
torney oi the spot. Mr. Parker, of New York,
took the same side, and urged the necessity. of a
speedy passage of the bill, as the commission- had
now but thirteen days to run.
-Mr. Crary, of Michigan, opposed the bill, and
offered as an amendment to that moved by Mr. Bell,
to confine the allowance of claims to such as had
been originally presented' to the locating agent pri-
or to the first Monday of December, 1835. -
After a brief response from M-r. Bell, Mr. Lyon,
of Alabama, advocated the. amendment of Mr.
Crary, and spoke in favor of the bill. It would be
easy, from the written lists formerly taken, to ascer-
tain what Indians had left the state, and to detect
them if-claiming now. Mr. Campbell, of South
Carolina, spoke for some time in favor of the bill,
but against amendments.
The question was then. put on Mr. Crary's
amendment; which was negatived. Mr. Bell's'
was agreed to.
Mr. Everett moved a further amendment guard-


ing against frauds by the substitution by the In-
dians of each other's children as their own, and in-
curring a forfeiture -of claims in all cases where
this attempt.should be detected. The amendment
was adopted. The bill was then ordered to its
third reading; read a thirdtime, and passed. And
then the house adjourned.
Disturbances on the Canada line.
Friday, February 16. As soon as the journal had
been read,
Mr. Howard rose, and said that he had received a
communication this morning from the department of
war, which would make it necessary for him to take
the earliest opportunity of asking the attention of
the house to the subject-matter of that communica-
tion. And he had risen to move the suspension of
all other business, to take up. and consider the sub-
ject of our neutral relations with Great Britain. It
had become necessary that this government should
interfere, as well by the civil as the military power,
for the prevention of a violation of those relations
on the part of the citizens on that frontier; and in
this opinion he knew the house would acquiesce,
upon hearing read two papers' which he would send
to the chair, as forming a part of the communication
from the war department to which he had alluded.
The purport of them was very interesting, and he
should move, after their reading, to suspend the
rules, so as to allow him to move to take up the bill,
already acted upon by the senate, and known as the
Canada bill.
Mr. Harlan objected to the proposed reading of
the papers, until after the several committees had
been called for reports.
Mr. Howard was sorry to hear this objection, and
hoped it would be withdrawn, so important was the
subject which he proposed to take up.
Mr. Harlan withdrew his objection; and the fol-
lowing papers were read by the clerk:
HEAD QUARTERS, NIAGARA FRONTIER,
BUFFrALO, FzB. 9, 1838.
GENERAL:' Captain Homans, of the navy, arrived here
last night from Detroit, in four and a half days. The
information he brings is important and fperplexing.-
The enclosed copy of a despatch, wrote and mailed en
route, to general Brady, givesits general.character. He
adds, that in passing through the Black swamp, he
walked several miles in company with lieutenant Ottin-
ger, of the revenue service, and conversed with indivi-
duals of each straggling party, all of whom concurred
in representing the force to be about 800 men. Indi-
viduals who joined the stage at lower points, carry tha
number still higher, the who].- ,,3.:- lI. i.:..nn, ,,.l ..f
Mr.McCloud, Mr. Van RensE.. l,.:.' -,.i.,rn t ,-.:in..ii ,
stated to be a man ofmucher..:r: .. TI. :l-:ir. i. .. -
dual left thisplace last evening i I .. r.. i. (..::'. i ...-
mation on iwhich'I rely, repi. i tni- ilr. Via' Ri: ...:
later as sanguineof mniking at-.:.,. i. ...ini -n, i iat de
head of 300 or 400 men. The point selected is proba-
bly on the St. Clair river, and the .campaign to open near
old Fort Sinclair, operating in the direction, of Lake
Simcoe. Relying upon th general accuracy of the in-
formation, viz. that there is a strong rally of the hostile
force, that their direction is through Michigan, probably,
or Detroit, that the quiet which happily prevails in this
immediate vicinity enabled me to detach a portion of the
force, and that every regular bayonet is of importance
to general -Brady, I have deemed it my duty to put
maior Young's command in motion for Detroit, for
which place sixty men, under the command of captain
Johnson, accompanied by lieutenant Thornton, acting
assistant quartermaster, and assistant surgeon Fellows,
will leave in stages at five o'clock P. M. and will reach
Detroit in six, perhaps four days, a contract to that ef-
fect-having been made with the stage proprietor. Iam
aware of the responsibility I assumed in adopting this
measure, which I trustmay be acceptable to you. The
theatre of action is immediately transferred from this re-
gion,atleastfor the present. Nevertheless,Ihope you may
consider it expedient to push to this point all the dispo-
sable force (recruits) now at New York, and interme-
Sdiate points.' You are aware of the nakedness of the
command in respect to officers. : I '
Capt. Homans further says, that he examined suf-
ficiently to satisfy himself that the wagons referred to in
his letter'to general Brady actually contained arms and
ammunition. The people on the route have freely
given their arms to this lawless band, supplied all their
necessities, and recruits are joining them from all quar-
ters. I have considered these matters of sufficient im-
portance to justify me in sending an officer by the stage
of this evening, to increase the chances of overtaking
you at Albany. He also carries a copy, in case you
should have left, to be mailed for New York, and a
third for Washington, to your address, under cover to
the adjutant general.
I have, &c. &c.
W. J. WORTH, It. col. commanding.
To maj. gen. SCOTT, &c. Albany.
MILAN, HURON COUNTY, Omo, 5th FEB. 1839.
Brig. gen. HuGH BRADY, commanding
United States forces,'Detroit.
GENERAL: I feel it my duty to acquaint you, that on
my journey to-day between Perrysburg and this place,
we. have passed several detachments of men, calling
themselves patriots, numbering probably about 250.--










NILES' NATIONAL REGISTER-FEBRUARY 24, 1838-CONGRESS. 40'


They generally agreed, on conversing with them, that shall be the duty of the several officers and persons
there were 800 of them scattered on the road, and 500, hereinbefore mentioned, and they are hereby respective-
Indians of the Cattaraugus tribe, all destined to rendez- ly authorized and required, to seize and take from any
vous at some place near Detroit most favorable to effect such body of armed men, all weapons and arms brought
a landing in Canada. We also passed during the day by them within the United States, and to detain the
about 20 loaded wagons, half that number boxed up, same until the respective owners thereof shall enter into
purposely to resemble pedlars' wagons, but containing bond to the United States, with sufficient sureties, in
their arms and accoutrements; the, other wagons con- double the value of the said weapons and arms, that
trained powder, and other munitions, put up in pork bar- the same shall not be employed by such owner or own-
rels and other deceptive cases. These men had with ers, nor by any other person, with his or their consent
them drums, fifes, bugles, and other instruments of mu- or knowledge, in carrying on or aiding such hostilities,
sic. The Indians we did not see, as they, with other as before mentioned; or until the president of the United
bands of the patriots, were said to have taken the lake States shall direct the restoration of the same.
road through Sandusky city. All we spoke with were SEc. 4. And be it further enacted, That every person
positive of their being from 1300 to 1500 men in all, and apprehended and committed for trial, for any offence
daily augmenting their numbers by volunteers from the against the act thereby amended, shall, when admitted
towns and villages through which they passed, but I to bail for his appearance, give such an additional se-
question their being over 400 or 500. General Van curity, as the judge admitting him to bail may require,
Rensselaer was expected tojoin them; also McKenzie. not to violate, nor to aid in violating, any of the provi-
Judging from their train of wagons, I should judge they sons of the act hereby amended.
had a large materiel with them. SEc. 5. Andbe it further enacted, That, whenever the
I remain, sir, with high consideration, president the United States shall have reason to believe
Your obedient servant, that offences have been, or are likely to be, committed
JAMES T. THOMAS, It. U. S. N. against the provisions of the act hereby amended, within
Mr. Howard hoped that there would be no objec- anyjudicial district, itshall be lawful for him, in his dis-
tion to take up the bill, as proposed. There was no creation, to direct the judge, marshal,and district attorney,
civil law to reach the exigency, and the whole bur- of such district, to attend at such place within the dis-
den of protecting the relations of this government tnct, and for such time, as he may designate, for the
with Great Britain was thrown upon the military purpose of the more speedy and convenient arrest and
This .i poie .for the e oh -iv examination of persons charged with the violationof the
power. This bill provided for the exercise other civil act hereby amended; and it shall be the duty of every
power, in conjunction with the military, already in such judge, or other officer, when any such requisition
operation. shall be received by him, to attend at the place, and for
The bill, as it passed the senate, and as proposed the time therein designated.
by the committee on foreign affairs, who reported it SEc. 6. And be it further enacted, That it shall be
to the house, to be amended, was then taken up on lawful for the president of the United States, or such
motion of Mr. Howard, and read at large as fol- person as he may empower for that purpose, to employ
lows: such part of the land or naval forces of the United States,
AN ACT to amend an act entitled "An act in addi- or of the militia, as shall be necessary to prevent the vio-
tion to the act for the punishluent of certain crimes nation, iand to enforce the due execution of th;s act and
against the United States, and to repeal the acts the act hereby amended .
therein mentioned," approved twentieth April, eigh- The- committee on foreign affairs had reported it back
teen hundred and eighteen. to the house with the following proposed amendment:
Be it enacted ihesenate and house of representatives, Insert, after the word "whatsoever," near the end of
of the United'States of America in congress assembled the second section, the following: "other than ports or
That the several collectors, naval officers, surveyors, places within such conterminous state or colony.
and inspectors of the customs, the marshals and depu- The question was-on concurring in this amendment.
ty marshals, of the United States, and every other per- Mr. H. said he did not feel particularly interest-
son who maybespecially empowered for the purpose by ed in the passage of the amendment. The commit-
the president of the United States, shall be, and they are tee had reported it as limiting somewhat the opera-
hereby, respectively, authorized and required to seize tion of the bill; but he was not extremely solici-
every vessel or vehicle belomning to any citizen or citi- tous for its adoption.
zens of the United States, and about to pass the frontier The message of the president of the United States
of the l.r... Y... : place within any foreign state or o this subject had been referred to the committee
colony r.r, ., with the United States, when the on foreign affairs, and that committee had met every
.:;r. ,: I f,'. f -. .- render it probable that
3. t ..;. or ... I d tbe employed in car- day for a week to considerit, devoting theirtimeex-
S.. citizens, subject or pro clsively to it. They went very fully into an in-
: v ,.t air -.. ...- ous state or colony with vestigation of all the documents and evidence con-
>...n rhn Utiri. .i J ... peace; or in giving aid nected with the neutral relations of the country; an
A .l .:,rn.jrr i.. ih.. ,t .. ,rTying on such hostilities, examination, in the course of which they had met
Lt .,.:., ,,, .,- 1. r :.- ....ce men,arins, or muni-, with difficulties which it had cost them no little
tions of war;'and to detain every such vessel or vehicle, time and patience to overcome. These difficulties
and all arms and munitions of war which may be found arose from a consideration of the duties to be exer-
therein, until the owner orownersthereofshall enter into cisedby the government in regard to its neutral re-
boridto theU. States,with sufficientsureties, in doublethe nations, e so as not to disregard in any degree the
value ofthesaidvesselorvehicle essndohear veiclmsandmu- rights of the citizen to carry on his legal trade with
and the said arms and munitions of war, shall not bo em- the country with regard to which those relations ex-
ployed by such owner or owners, nor by any other listed. When two nations are engaged in war, the
person, with his or their consent or knowledge, in car- right of the people of a neutral power to supply
trying on or aiditn, such hostilities as above mentioned; either with articles of commerce is always exercised
or until the president of the United States shall direct and is. an admitted and undisputable right: and it
the restoration of the vessel, vehicle, or property so was not the disposition of the committeein any wise
seized. to abridge or to retrench the free exercise of that
SEc. 2. And be itfurther enacted, That the several of- right. Nor was it the effect o e f the bill now under
fiers and persons in the proceeding section mentioned consideration to do this, excepting in certain cases,
shall be, and they are hereby, also authorized and re- consideration to do this, excepting in certain cases,
quired to seize all arms and munitions of war belongin, with the conterminous countries, our duties in rela-
to any citizen or citizens of the United States, ana lation to which, separated irom. us by an imaginary
about to be carried across the frontier of the U. States, line, seem to vary somewhat from those prescribed.
when the circumstances of the case shallrenderit proba- by the general rule. In every other respect, the bill
ble that the same are ititended to be sent to any place leaves every thing as it is already. The.effect of
within any foreign state or colony conterminous with its provisions is confined to the countries which are
the United States, and with whom the United States immediately adjacent; and the necessity of passing
are at peace, for the purpose of being used in carrying it could not, as he conceived, be made more evident
on hostilities against the citizens, subjects, or property of n t a. h conc iv ... ...or e
such contermitous stati or colony; and to detain the by any thing he could add in support.
arms and munitions of war so seized; until the owner Mr. Howard contended that the government of
or owners thereof shall enter into bond to the United the United States has no right, under its existing
ao'.--. at, sufficient sureties, in double the value of relations, to interfere, in cases of civil war, with-
l,- 5..-J -T.< and munitions of war, thatthe same shall other governments. By so doing, the tide of war
not be employed by such owner or owners, nor by any would inevitably roll back upon our own country,
other person, with his or their consent or knowledge, in and involve the latter also in the contest. The strife
carrying on or aiding such hostilities asabove mention- upon the frontier had now changed its direction,
ed, or until the president of the United States shall di- and there was precisely the same cause for action
rect the restoration of the sane: Provided. That nothing and there was precisely the same cause for action
in this or the preceding section contained, shall be con- now as while the exigency existed,to meet which this
strued to extend.to or interfere with any trade in arms bill was framed. The.'whole protection ofthat fron-
or munitions of war, conducted in, vessels, by sea, with tier, at present, wes military authority; and general
any foreign port or place whatsoever, which might have Scott Was now acting there under an order of con-
been lawfully carried on by citizens of the United States gress authorizing, him to exercise that power. But
before the passage of this act, under the provisions of he (Mr. Howard) would freely confess that for one
the act hereby amended. he (lid not like the resort to the military arm, when
SEc. 3. And he it further enacted, That if any body the civil could be used. To effect a-salutary and
of armed men, who have been actually engaged in car- efficient conjunction of the two was the object of
trying on hostilities against the citizens, subjects, orpro- this bill, and he hoped it would meet with no ri
perty of any foreign state or colony, coterminous with his bill, and he hoped it would meet with no ser-
the United States.. and with whom they are at peace, ous objection.
.hall come within the limits and jurisdiction of the Mr. Holsey, ofGeorgia,was by no mearis satisfied
United States, whilst :such hostilities are pending, it with the bill as reported. Before the house pro-


ceeded in altering the relations existing between
this and another government, it was proper, he con-
ceived, to act cautiously, and with due deliberation.
The house had not yet had time sufficiently to con-
sider the bill. He hoped it would be postponed for
a few days, to enable them to do so. It was a bill
proposing to interfere with the export trade of the
country, and to change the relations of the two go-
vernments. He was for proceeding cautiously.
The law of nations guaranties to countries sustain-
ing neutral relations a free trade. He admitted that
this government had no right to interfere with the
domestic broils of other governments, whether dis-
tant or conterminous. No member of the house was
a more strenuous advocate for that principle. But
beyond this principle, as contained in the bill now
before thl house, tie could not go in its support.--
By that bill, he contended, th- trade between the
people of this an another government would be fet-
tered, while the latter was engaged in a civil war.
Nor does the bill confine its provisions to the case
of a civil war or insurrection, arising in contermin-
ous countries. It was general in its provisions. It
opened a new policy, as he conceived, in the admin-
istration of the government, one upon which it had
as yet never acted, and one that he hoped would ne-
ver be adopted. It proposed a direct and manifest
violation of the constitution, in the restriction of
rights which he deemed inalienable in'the people,
by imposing a check upon free trade, and a tax of
the most odious character upon exportg-rights
guarantied by the constitution, and guarded even,
hitherto, by the treasure and the blood of nations.
The legislation of this government must confine
itself, he contended, to that acknowledged and com-
mon principle of international law-nriot to interfere
in the quarrels of foreign nations. The provisions
of this bill were unobjectionable, if confined to the
securing of the revenue laws against violation, by
preventing traffic in contraband articles of trade
upon the frontier, or the prevention of citizens from
engaging in the broils or insurrections of the con-
terminous states. Thus limited, he would go for it;
as it now was, he could not assent to it. He was
opposed to setting up this new principle, in viola-
tion of all former legislation, and of the whole course
of this government's policy, from which so much
benefit had been derived.
The proper course to pursue, in this state of things
he conceived, would be to give the executive pow-
er to arrest those actually engaged in the civil feuds,
revolts, and insurrections, and to seize all instru-
ments of war, munitions, &c. actually in the hands
of such, whether used in aid of the belligerants, or
distant or conterminous countries. To go further
than this were suicidal, and destructive of the dear-
est rights guarantied to us by the constitution.
Mr. Loomis, of New York, had risen reluctantly
to propose an amendment to the bill under consid-
eration. He would propose a substitute for the
whole bill.
The chair remarked that it was not at that time
in order to propose an amendment, as that reported
by the committee on foreign affairs was now pend-
ing.
AMr. Loomi.s said that he should offer it when in
order. In the mean time, he would briefly submit
his views upon the bill, as it stood before the house.
He was not opposed to the principle which seemed
to lie at the foundation of the bill. One of the very
highest duties of the government was to preventtthe
unlawful interference by our citizens with the quar-
rels of countries with whom the government is at
peace: and it was equally the duty of the citizens to
refrain from such interference. In this principle,
and in its general application, therefore, he fully
agreed with the chairman of the committee on for-
eign affairs. But he could not consentto go for the
measure in the form in which it had been proposed
by that gentleman.
Mr.Loomis reviewed the circumstances connect-
ed with the recent disturbances upon the Canada
frontier, and contended that they were of a pecu-
liar character. There was a long line of frontier,
separating the two countries from each other, yet
placing so narrow a barrier between them as to
render it impossible that local disturbances break-
ing out on one side of that line should not spread
to the other. The inhabitants of the American
side were peculiarly sensitive on this point. Their
native love of liberty, and deep-rooted hatred of
tyranny, were inflamed, very naturally, whenever
an appeal was made to those noble principles.
Thus it happened that they were very easily le4
to take a deep interest, if not an active part, in
these struggles. Abstractedly taken, he would do
nothing to check or discourage that holy principle
or to extinguish the bright spark,of liberty which
burns in the heart of every true American citizen.
Yet something, he must remember, w-s due to na-
tional right and national obligation; and for the










108 NILES' NATIONAL REGISTER-FEBRUARY 24, 1838--CONGRESS.


preservation of these, too, he would do every thing
possible; but he insisted upon it that that should
be according to the well-established principles of
law.
He deemed the bill inefficient tcr answer the end
it professes to reach. What did it it propose to do?
To give to United States marshals, deputy mar-
shals, and other officers power to seize, without
process of law or any other limitation than their
own individual discretion, any vessel, or vehicle,
suspected of being used for :the purpose of bear-
ing arms or munitions of war into the contermi-
nous country, to aid in its civil contests, and to de-
tain them until satisfactory surety should be given
that they should not be used. Suppose the officer in
whom this extraordinary power was vested, to
have exercised his discretion, and, in execution of
his power, to have seized the property of a citi-
ten: what does the latter do? The bonds are fixed;
it may be assumed, fairly fixed; the surety is
found, and the party proceeds on his way over the
line into the adjoining country, in the very face
and eyes of the officers of government. Who is
to prevent this? Nothing in this law gives any
power of prevention to any body. What becomes
of the bond? It is in the hands of one of these offi-
cers; perhaps it may, by good fortune, have been
pu't into the hands of a district attorney. How is
he to know whether the obligation has been vio-
lated-the bond broken? How is he. to prove that
these arms or munitions of war, or whatever else
had been seized and given up upon the bond, have
been used in the manner designated? Does his ju-
risdiction extend to the only place where these
facts can be ascertained-beyond the line?
There is another objection to the bill. It vests
dangerous and unusual powers in the officers of
government. This feature was one which stamped
the bill as unconstitutional, and against the whole
policy of our laws. It gives to the executive vast
discretionary powers, unparalelled by any ever
proposed before to be vested in that branch of the
government. The officer is not only empowered
to seize, but to hold the articles designated. Who
is to judge of'their value. For it is upon an esti-
mate of their value that the terms of the bond are
to be predicated. The same individual who seizes
them! And he may fix that value at nothing, so
as to expedite the passage of the person whose
property has been seized outof the country; or he
may make it so exorbitant as to be oppressive, and
to amount to a forfeiture of the whole. What was
to prevent any one of these officers from stopping
a citizen riding in his carriage upon the frontier,-
ay, in this very city! and saying "I arrest this
carriage as a vehicle contemplated by this bill?"
The presumption is, that the officer will do but his
simple duty;, but the law throws a strong tempta-
tion in the way of the officer to do otherwise.
.But this bill proposes not only a violation of pri-
vate rights, but a gross violation of the constitution.
By it any officer may seize the arms of another, at
discretion; and this in derogation of a right ex-
pressly guarantied to the citizen by the letter of
the constitution.
Again, the constitution guaranties to the citizen
perfect freedom from arrest without due process of
law. [See the.4th amendment of the constitution.]
And this bill proposes to vest arbitrary power in
the hands of United States officers to violate this
sacred right also. For, are not the seizure arind de-
taining of arms, and the holding them over to give
bonds for their use,-violations of the most manifest
characterof these rights. It could not be doubted.
By this. bill, moreover, there was no liability of
the officer, in case of wrong seizure or detention,
as in all acts upon the statute book, in similar
cases.
The only true way, Mr. L. contended, to accom-
plish the objects of the bill was to pursue precisely
the same mode as that taken in other cases; as in
that of arrests of persons, with their instruments
and implements, suspected of intending to utter
counterfeit money. The presence of the instru-
ments proves the intention, though the act is not
,proved, and the statute imposes the penalty ac-
cordingly. But here, in this bill, the presence of
the arms or munitions of war, or whatever else may
be seized, does not prove.an intention to commit
a violation of any law; nor is it made unlawful for
the citizen to do that, for the imputed intention of
doing which he is held to give bonds, and to have
his person and property seized and detained. The
bill is thus wanting in the first great principle of
all penal acts. If the thing intended to be done be
unlawful, the act should declare it, with a proper
penalty affixed. It should declare (in order to
carry out the recommendation of the president of
the United States in relation to this subject)
that such use of arms was unlawful, and that the
person detained had arms, &c. with intention to


use them unlawfully, and the person, being arrested
oni that ground, would be arrested by a good legal
process; and, what is more important, there would
then be impending over him the personal fear of
seizure to deter him from taking the overt step.
Mr. L. found still more to which to object in the
third section of the bill. That section made it the
duty of all those officers, designated in the first see-
tion, to seize the arms of any body of men who
have been engaged in aid of a country with whom
this government was upon friendly footing. He
supposed a case, to illustrate the application of this
section. Suppose, said he, a war should occur be-
tween England and another nation; a national ship
of the latter should put into the port of New York;
in that ship is a body of armed men, (in the lan-
guage of this act.) Suppose Russia to be at war
with England, and this a Russian national vessel,
this government is certainly bound, by the laws of
nations, to protect that vessel, and the rights of her
owners, while upon neutral ground. Yet this law
would make it the duty of the custom-house offi-
cers of the port to seize that vessel, and to hold her
and all oni board, till bond should be given in ac-
cordance with the requisitions of the third section
of the bill.
The bill lacks the one great principle of all penal
laws: the cause of the seizure of property which
the bill proposes should be first made a penal
offence, before the seizure under it can be consti-
tutional., .
Mr. L. regretted to have felt himself obliged to
occupy the time of the house upon this subject;
but he could not suffer a measure so important to
pass without offering the views which he had ex-
pressed.
Mr. Shields, of Tennessee, hoped that more time
would be allowed for the examination of the bill,
prior to the final action of the house upon it. He
moved to postpone the consideration of it until
Monday next.
Mr. Mercer suggested Tuesday next.
Mr. Shields then moved that it be made the spe-
cial order for Tuesday next.
Mr. .Filmore asked if it would be in order to
move its reference to the committee of the whole
on the state of the union?
The chair said that it would be in order to make
the motion; but that the motion to postpone to a
day certain (as moved by Mr. Shields) would have
precedence.
Mr. Filmore thought the bill to be one of suffi-
cient importance to be referred to a committee of'
the whole for consideration. It was a measure of
deep interest to his constituents. Any member
who would read the bill carefully, would see that
a more dangerous authority to an individual was
never given by any legislative body than that
which it proposes to vest in the executive. He
compared it with the "alien and sedition law," to
which reference is so often made of late, and in-
sisted that it was a no less obnoxious measure than
that. He hoped that the house would consent to
refer the bill to the committee of the whole on the
state of the union, and make it the special order
for Tuesday next.
Mr. Shields accepted this motion as a modifica-
tion of his own. .
The chair suggested that it would require a vote
of two-thirds in order to make it the special order
for that day, as that would work a suspension of the
rules. -
MAr. Cambreleng hoped there would be no more
special orders, especially such a one as was then
proposed. The house would find it difficult, when
once they had made this the special order, to get
up other important public business, requiring, as it
I would do, a vote of two-thirds to effect that end.
He was willing to agree that it-was a most impor-
tant subject, and that it ought to be freely dis-
cussed. Meantime; however, there was the most
pressing need of getting through the appropriation
bills, inasmuch as all the affairs of the government
were suffering from the-delays interposed to the
passage of those bills.
The chair. The question is upon the motion to
refer the bill to the committee of the whole on the
state of the union.
Mr.' Howard could not see why the bill could not
as well be discussed in the house as in committee
of the, whole. Two weeks ago, he had risen in
his place, and called the attention of the house to
this bill. Gentlemen had had abundant time to
examine, and make iup their minds upon it, and he
should vote against any commitment or postpone-
ment.
Mr. Holsey asked if it would then be in order to
move the reference of the bill to the committee on
foreign affairs?
The chair replied in the affirmative; but said that


the motion of Mr. Shields would have precedence,
being a motion to postpone until a day certain.
Mr. Whittlesey, of Ohio, thought the bill should
be discussed fully, either in the house, or in com-
mittee of the whole. He was indifferent as to
which. When, on another occasion, the house had
this subject brought before them, they suspended
all other business, and attended exclusively, to the
discussion of this topic. Now there was more
danger, he though, of serious results, than before;
and he verily believed that, unless it were speedily
attended to, it would be impossible for this govern-
ment to keep out of a war with Great Britain another
month. He had hoped that other business might
have been attended to to-day, being one of the days
usually devoted to private business; but he was so
impressed with tire superior importance of this sub-
ject, that he could not but hope that the house
would determine to sit until the bill passed.
[Cries of "Agreed! Agreed!"]
Mr. Smiih, of Maine, agreed that this was a sub-
ject which should be acted upon promptly. -It was
indeed time that some steps were taken to insure
action upon it. But the measure now proposed he
considered as one of the most execrable proposi-
tions, to infringe and to violate the liberties and
rights of the people, which had ever been brought
before the congress of the United States. It was
now the duty of the house to decide whether they
will adopt this measure, or whether they will not;
and if not, to turn to some other. Mr. S. wanted
to have an opportunity of fortifying by argument
in the hearing of the house, the position he had
taken, in relation to the bill, of stating his objec-
tions to itin full, and of recording his vote against it.
Mr. Cambreleng suggested to his colleague (Mr.
Fillmore) to withdraw his proposition td refer, the
bill to the committee of the whole. The measure.
as proposed, seemed to excite objections on all
sides; and the chairman of the committee on fo-
reign affairs will doubtless regard the clearly ex-
pressed opinions of the house, so far as to modify,
in some degree, the bill now before the house.
Mr. Fillmore, convinced, of .the importance of
speedy-action on the subject, withdrew his propo-
sition to ref'r the bill to the committee of the whole.
He desired at the same time, however, to give his
views on the merits of the bill.
The chair. Does the gentleman from Tennessee
(Mr. Shields) withdraw bis m.-fi.i t.: r-c-Or-,- tl.e
further consideration of the bill ii.rol Tue idr
Mr. Shields replied in the r,,cuie.
Mr., Cambreleng express I h- hope That h.
would do so, and permit the sil.mner to bE doc u.::d
atonce. The gentleman fror Ol:,,. Mr. WhVlulllr-
sey) had relinquished his claims upon this day
(Friday,) and he hoped that the others would follow
the example and throw no obstacles in the way of
an immediate discussion of the bill now under con-
sideration.
Mr. Hayn'es .kaid that the minds of members
must be by this time made up on all the leading
merits of this bill; and they were as ready now,
doubtless, as they could be on Tuesday next, or any
other time, to come to a conclusion upon it. He
thought it better to take the question on postpone-
ment at once, (if not withdrawn,) and then to go
directly into the discussion.
Mr. McKism said that, viewing the question as one
involving the alternative of peace or war -with
Great Britain, ihe-must ask for the yeas and nays on
the question of postponement. Not ordered.
Mr. Ilolsey asked if'that was the proper time to
offer his motion to recommit to the committee on
foreign affairs, with instructions?
The chair responded in the negative.
The. question wNas then taken on the motion of
Mr. Shields, to postpone, which was lost.
The chair then said that the question was uI on
an amendment proposed by the corr mittee on for-
eign affairs to the proviso in the second section of
the bill; and suggested that the more regular and
convenient mode would be to take the question
upon that amendment, and thus open the whole bill
to be discussed upon its merits.,
'The amendment was adopted.
The debate (the remainderof which will he given
in our next) was further continued by Messrs. Fill-
more, Smith, and others; no question being taken
upon it prior to the adjournment, which took place
at 4 o'clock.
Saturday, Feb. 17. Immediately after the read-
ing of the journal,
Mr. Howard, moved that the house resume the
consideration of the bill under discussion yesterday,
for the preservation of neutrality on our frontiers;
but several gentlemen expressing a wish to report
bills,
Mr. Howard modified his motion so as to take up
the bill mentioned at one o'clo.ek.
The motion involving a suspension of the rules









:;iLE' N_-T, YNA'L REG;.TER-FEBRUARY 24, 183S-CONGRESS. W'

ft I houI ttr,.irt.r vote of two-Itairvs. Itr.,ri1 i r p* 4.a.tlv ", 'I.-. .t, prcv'i.- Canada. (T-s BritaIn to, pass arlny rl-..- ;,-. iatesanry
6gf.(f to by .-. I .... ':... : t be giren aartide t c .: L... .-t :.- I : the- t ta r.
A utiob r of commitf'ees the- madereports.- More ta- h Eereafter. He t tea we t iati tlhe i_.i.r-. .. ..t iaLterafital
The- spnkter laid before the house acommrnica- Mr. B Ia ro obtaine! the tier. bEt viled jaw, aMd qotedi astirenitea ta s -ow that ntiatrais
tin. l nt. th,. .* w r, t : '* .' *1.- _. h.i_ anni ons i f w ar ito n L. i. ,' -," r. .-
liHlialtc I '.* illIt a pi r* I in the i,, !.-ci t'-' s,, r re -, n .. t.l1 I altl -,.i: v:s .. tu i* ns t e fliass at te r.i. .-.i, rn-
thei' set of April 21 1808, Iwlt V': r :' ., -' -- We td ace sia tiils umaanwrvearllMei
trntls, &he, a statement of 'iN :,- m ,-. --. ,.. te Canada tBaie.r seat C1 a.i. Tes`s, sMppia b1"inoth 'Ath th i(e Mieras-s CI
by tlis 1- ,-. ;r4,, .r rijr the year et-t. d ask t, ha)' rea r .. -. i" weoces rise d : *- ..' t,_ r to iir-at
A lso, .- r t, :' j- + it".tti- a: ",e :lee ., e se itj B,+ L,- ,.. ve ., iit tever wedlli e ; .-.. *. 'ai the
accompanied by '7.5.cr i-s. Co e "; ': .[.i.-: elf .m K -20V rLt'v. As ti the lawless acts eff it ilirii-
for ft! 183J a -. r I r'.. it WunM- Z? tiaes eila!s' .' UL '
o -1 ofMr V. oard, -- -' -
R s.olov d. T hat :. '. -. -- r a .- i1 :I '.
nation ":... ...' ,
for other parpos- ....... -y .. ... 0.. rM thint tast, pa)e witI riaI
F' .'ir. affairs to the last c v tb it -:,. i.. ,. _-
I'h.- rit of the house .: .. .- : -- t withIdrw bi t-itar, tW strike
comit ttee. :- WSit
On motion ... .. ,'
e olVed, 3 .i -: . ...A.. s i n
to which bill No.-523 was :.' "7-ii 1. !i".- I "d _.. .i i a all i.ic w a.n t a ir t hte e rDIt .
from the further consaderation a s .. 't -
it b e referred to a committee tifthe .. '. ." . .' -- h
the state of the enion .t : .. .. "
On motion of Mr. 3k-- .. '. ", however lareh he eight be
Resolved, That the Presiderntof-,....: 1'- il.' ,- T1. 1 ;- '.. J II 00k, ,mo 'v hea1-ae **ic he te0, toI
be requested to lay before this hane .,;. .' r.I.. 'i- r ,r- i. .-..a-,, r -, .t.1,1 i. .'.i.,, I. I k, "' ... mxte tia ithe t lrt ih, te \ it
tion in his possession, '.. '. 'it Thmusr a (tai'ast ilts inhireere
to communicate, respect .:4 Z ': fL.. : *' ,. .'. -i, .t.'
ecutive department upon-the resAl+ioel o' f thie '' ." '- .. of .., .. ...
senate of the 3d of M arch, 1835. I.... i..:, .- ', "' : '.,. ..: hwe t 5, .t -. ,,l, ,l'. i ,t .r w ,.,
President of the United States to roli,h,-r hu. .- e ,. I. w Ilot fil DOM all tthe diite r f j.- l.. .I
." pe -ee ais t.he- t eh''. flit vi.e e at'
pediency of opening -. -- aviz with other t- "r ean An the rhatiml is vtw. t
tions, especially with ;:, g1 v --ament of cent-' '" ' s at i- ** ft4
A merica and New Grenada, with a .- .- ., ,; : ..-: .. .
construction, preservation, and use of :. .- i ..I r. L q ,1 q -..' i- t. f ,,- ,5 rii.. -,5 1 1 es ;.. :,- i 4 ,
across the isthmus of Darien. ; '." N t- -'I'. ......, i'> ii '' \( ', ".
.Several other resolutions of minor :- .. ... .' '.
were offered, which will be noticed in I'-. fIr I.'u,-er ." '" .....' .'. .,.... ..... t "r. '. '. .. Bet ,
progress. .:'-' : ':. "" '-' .. ." '' "" ,' -aia.t .0a. or w a ,.
AM r. Thomas, from the judiciary co .'. i :. ,,., .... t
ported the following resolution: o '' ,, i ... .., ,,... a,, -i,. ,hate gN' I' e s 1'' -
Resolved, That the committee on thlb jindl: ry o ,v ,r: nspec lt-r, ...r i .... .. I:.'. r -'. ad tee .-. ". is
be instructed to inquire whether any, and, if any, t-. '.-,. .. I.-- r ,ti matry will '. "
what, further legislation is required to ensure a i 2 SuaBA r 'u 1 ''isitt inL a aiuekt sea-
speedy administration of justice in the circuit Brig. gen R. R R .... I.-. rm'". .... ;. unS ide tit O trsn tinip@.
court of Louisiana. '| 1 i- h.a (v,-, ami r
Mr. Garland, of Louisiana, made some observa- DETRi.. F 1 h b the .'. '.. -
ti,, ,, ,. the p 'e.':-nt a,',-rruri. ment of the judicial Sm: Iregret to inforn, -. i_. -_ : orna.siitt nsofwair; ma d ,' :r . I-
ih.h,.l_ in ithf kot.1i ..r.r. part of the union, '. -: : :r ryone of ilia 'iiftf rem .,. .
I*. m.ining .f( negl. .:' .. the part of the district ''di 'an i on' s -.. !I -- asto :' -; b ea Bt ia in relami-M te t tie
ilMcI 'i I' liceleseid,hadn centlydisbaered free' "I's f-i r;* r nee '- 5 ese tteo *tet
,,. ...,'l Kinle,. J ,. I. e, he said, had not that this assemblage ofpersions can -na. an-.c _..: 1ha le bes t astr.le r i-d link (f
I ,. -. 4,ni in New Orl..rl- -nce his appointment- impression on the Ganadianshore; l.,r u. i -,.. ., i -'" e s'._ .'-..,r.. I-m-. rL, fe :snei r cIras ets-
ThI p-resent arril eaIn i 'r-pierated as a curse on ;- ,,. ro .-i .-il.r '1 to keep this fide of &i .. de '.-- .- -- .- ,,a- ..:- r ,'- 'a
1 .'. r alit of tl i.i..i lh,.. I, stead of a blessing. .. .. ,,,, i .... sho r in war aitdiras t -he ..
T'I .-i" .i 1. '.I : .- ji lodge in their district i i. .: .1 rm ir ,', '.'. :r- '- oa e rbrahtandt c artic les, a ts r t in-a I i t rn air-
for ten years. The state of things called for Thepatriot forces (so ." i'ar- --sat tried 1- mast therref be rhawild Tae Coase-
prompt anId effectual relief. in detached parties, in different *.'.. -..:.- preparaarn 1j queenfe b nIo means foews. The fartmsiirtimgwrf
Mr,-N.l'rfia, of Alabama, made some explana- to a moveii.n :, i.,ir lhe i Ti.n.n Ir.rur-.r te i-.- -- i. u r'te o*f war is a -ena i -.-' .r-. ..r-
tions in reply; admitting the present system to he 22-of thre;r '- ir u e .. .. th. e direct .' to:
defective, and hoped it would be improved; but t fas "handise 21?"- -'- --'"" r.'-,- : -..ai-..,:a.:= cr a-l, ,ther. Weoktait
defended the character and conduct of the judge ie seizure of I- --:.- : aid a'd su or ande w'i er fastR ed
referred to; repelling the imputation of wilful neg- they contain hr ir., t. n .w 'i or one of if ciizen, it is thne sme in
lect or incompetency. dominions ofn i.,r-' n pi-. r i> .- oh .a :, n u, r E F. 'p-h'm al's nriappm to l'e
After some further remarks from Mr. Garland mentof the I.;, edr ., c r .. : a -C...- :... '- -- tle
and Mr. Thonmas, the resolution was agreed to. disarmed, arni -..rp' r,.- r., r. :-' .n t r -. :'.-- '.. to fo irelaar
The morning hour hawing expired, the house re- frontier. W.i' ... : .- ,.. -.* '.e 'a:se, atterlr tinatirio B n, se
sufm ed the consideration of to despatch .. .e ... r. .,.o,, ,..... ,-,.. I .- a.ir -.., s, -.. ..- .. ., '. .
The Canada bill: illmedate ass '. h.. I r .' .. .. .. "- t .3.... ". .".a.r-
And the question being on the amendment pro- atiron of our uneurai'y wnith foreiga pow-ers. I. -. ," '. .- a
posed by Mr. Holsey, of Georgia, to strike out s i s ieaa he ne- ... --..I
front the f.I.. i;: proviso, viz. "Provided, that gestt .-,-, -
S:j.-,; ., :. : ..r the preceding eetion contained lsor ouse of ,. .,n -- J .'., -'- i ". : '' .
snhJl bi construed to extend to or interfere with ate passage of the iill abovr- -errw" to..l ... I
any trade in arms or munitions of war, conducted transmitted to this frontier -. -t,ha-... irntl, i u s e ie (I I ect of lie ibii bTrfirae aTI
m rvesels by sea, with any foreign port or place Wi .... t .. Wat shi d it bie Wi'. ..
whaliaoever, other than ports and plar'es within the h ,lirr 1'.. ,...I ...... i. -- I W hat : -*
such conterminous state or colony which might t T. MASON. rf 1iS mV atkes ,,Al.ri -aO l. p.R '.. '
hare been lawfidly carried on by citizens of the To his excellence 4L Vax BrasX, I.- r-.--,. i,.,-, a .. -,.. .,, ,,,i a a. li t
United Sates before the passage of this act, under "'.. "ftit iki .. .. ,, ,, ',
":,. of e act heretby amni ded," the Mr,, inySonl thent proea rled to remark lupon ,i r '., .. -.'. ... ., -, r :. -
S in talic's, viz. "eondCu ed in vessel '."-.1 Hfe expressed his I T ,. ...t the ,t -. .. r ,, ., ,- -,
:.' *- of lholi t d tebiat, and thse 1iu,. .. r t .., ..- .- ,i, -.c
'', e .<' '* of O io,w o had the floor from yes- spirit whieh hfid th l r masrrked ite pmr i.... it, ~,, ...-..i.' r.it...V. ," r i,: utn.. 1 ;-
tsrda ,s d .-d th A Ow ..'o .I 1lrg i ne in wppost of 1 h f'* l'- that it h di bw n met s a .,,.. : .. .., .. ..,. ,.,,1,,1 '. :, ., -,' ,.. .1
ae bl il, ardil a re y -* '' liclh .-' i '*" i e lld lot inbt that the l it .i,, ." ... i.,,. i -: -
bad bee at ? at th **'. ImN oh- 8rquihnetH would reult ll the iee.' O rr tfshesksr -.- ,- -- ..-0
S.. ". *i of the ph rafeology in iresru li on tihe position oft the hill whi "h .,, ,; ; i ,'. .ila st al.
S, ,, eeond std.lior W,,B hwl he gotpeeived the ti de I l iR orda a itd mllniltittnusa wt 'aw 5 tr t-, ,], r '," oVl,, ..i m,', ..! i ",,,''rr. f-S,,,..
to adait to}f Ae'{ til ,,.,,r'r .,'i t r a would pro- ly o jlct'hld to a tiltt'entdet f a' ii :ht o iItIte. |" f. -, ih..m,, -o I., ..... ... r,,, to ,1:,- T,',, -. ,;,,.s
hifM tlhe aid bg oy i ..... -' to t he M# eoloi fil R fioisted that It- Wr not. '.'.' e kesi ey ... '.,....,.. ...,,. '. "
n. .. ii. i. r t '. : -...* w4eO re iting 4oir treaty with G0 'it Britain, oi by th hs I :.' i t -.-
1it. i (ultIe, and dwelt will muh ut-a s Ieit .. l against te of r wema rittiiss. 'm
Several .i.- ... t*J1 a* ,f l ir ttri "u I ..r... i-n-" r, -..I 'ii.-' lii i Iis, ti'i u r', I', ", ...s lx,,. a- an- wsoi shlem ai t t lh se a nt -am ,
M1r. IHowar i ai. r '., ,. |.... the g nitffl te n i- 1 i' Irl'. u i tt hII '1 tll..ti l,,i 4 allr t .,,n-. ,,i 1 ,.,,q eb e rmat ta .:le l amsse lti t's ntiim.,dites
harl report.l i.. lul ,,. irlli cs fjOe t. lio t AIMj f 1M .: tAl@ ti iftl iltertiF o s fr IIt' .'...'l n ''t' r .. '' "-,... Nit e>T it's a iur s hat ir .'.. .- -
beiing not '.. ati fisd *' .B u vad I'r ,I| :h LI I I -. I i ii... ... .. '. "i an a s t iighle s ... .1 it
amems mdnert, which ,e.. .'' ,i +sIt. the i i .,i-L i r' i 1,,I .'...n lie t a '% i ttt i .'.-. -. a is iI e eras at e nl ti II ttea.l s as s'
ilhe .P' a to oibvia the fit.. .1 ".dl t. WiI ui-1- --I IIici". iand I. ru. I ..u. r., .-ts ,,.. ts arm s 'atme' teiitagesned4ltha








410 NILES' NATIONAL REGISTER-FEBRUARY "24, 1838-CONGRESS.

Detroit to the men collecting on the St. Clair for precedent, but that law was held at the time, and dence and means of employment and certain sup-
the invasion of Canada? Whose property are these still thought with reason, to have been of very port for a reasonable time after their arrival have
arms? Do they belong to American citizens? doubtful constitutionality. At all events, there ex- been previously prepared, and by requiring that the
Seize them, under this bill, and you will find the isted no such public exigency as had led to its owners and masters of vessels by whom such er-
bills of purchase are in the names of Van Rensse- enactment. M. T. saw no other objection to the sons shall be brought into the country snall be held
lear or McKenzie. But, sir, suppose an Ameri- bill but this alone. liable for their relief; if left in distress upon their be-
can citizen' should collect arms, and you should Mr. .Filmore now obtained the floor, and, in coin- ing landed.
seize them, and keep them until he should give pliance with a general wish, moved an adjourn- On motion of Mr. Fletcher, of Vt.,
bond. What bond? A bond conditioned that you ment, but temporarily withdrew it, to accommodate Resolved. That the committee on the judiciary be
should prove that the arms were not thereafter gentlemen who had amendments to the bill, which instructed to inquire into the expediency of altering
used in Canada to aid hostilities there. How could they intended hereafter to present, and which they the law as to the jurisdiction of the courts of the
you prove it? Your seizing process might detain were desirous in the meantime to have printed. United States in cases where an incorporation is a
him a few hours, and this is the sum total of the Mr. Everett, Mr. TW'hiltlesey, and Mr. Aidams, party.
bill. proposed amendments, which were severally order- On motion of Mr. Holt,
If any law was passed, he desired 'it should be ed to be printed. Resolved, That the-committee on the post office
effectual to prevent the evil, without giving up Mr. Loomis modified the amendment he had and post roads be instructed to inquire into thile ex-.
any right. And he would do it without regard to offered. pediency of allowing the clerks in the post office
the question of neutrality-as a necessary means The reprinting of the bill, together with all the department the same per centumn upon theirsalaries
of preserving the peace of the frontier, amendments proposed, was then ordered. that was allowed to the clerks of the other depart-
All that seemed necessary was to make provi. And the house adjourned. ments of the government, by the appropriation act
sion for the forfeiture and seizure of the armed ves- Monday, February 19. Mr. Howard, from the of the last session of the 24th congress,
sels, arms, and tiunitions of war. Let them be committee on foreign affairs, said he felt it his duty On motion of Mr. De Graff,
forfeited to the United States, and you will have a to move that the house resume.the consideration of Resolved, That the committee on revolutionary
law that will execute itself. There is no need of the neutrality bill, which- was under discussion pensions inquire into the expediency of so amend-
the extraordinary powers proposed in the bill. The when the house adjourned on Saturday. ing the law of July 4, 1836, granting pensions to
officers of the customs are sufficient; their powers It being objected to, Mr. Howard moved to sus- widows, as to embrace within its provisions those
are ample; their numbers may be increased at pend the rules, to enable him to make the motion. who have become widows subsequent to July 4,
pleasure. When the public mind is excited, bills of On this question Mr. Cambreleng demanded the 1836.
pains and penalties are useless, more than useless; yeas and nays; which being taken, resulted as fol- On motion of Mr. Russell,
they cannot be executed. lows-Yeas 93, nays 54. So the house refused to Resolved, That the committee on revolutionary
The amendment which he asked to have read, he suspend the rules,'and the motion designed by Mr. pensions be instructed to inquire into the expedi-
said, was intended to meet the case, and to go no Howard could not be made. ency of allowing to the several persons provided-for
further. It proposes that when hostilities exist- Mr. Patton moved to recommit the bill, with all in the act of June 7, 1882, "allowing pensions to
ed in an adjacent state, all vessels of war, arms, the amendments, tothe committeeon foreign affairs; certain officers and soldiers," a pension for six
and munitions fitted out or purchased, or collected as there was a prospect that the committee would months' service, if his name shall be found upon the
for the purpose of carrying on such hostilities, agree on such a modification of the bill as would be rolls of those who served in said war, without any
should be forfeited, and proceeded against as goods generally acceptable to the house. other evidence of service; and that said committee
forfeited under the revenue laws. It further pro- Before putting the question on this motion, Mr. be ifistructed also to inquire into the expediency of
vided that the president should, by proclamation, Everett modified his amendment somewhat, allowing a pension to all widows of said persons
declare the fact, that hostilities existed, as notice The motion was then agreed to, and the bill and whose intermarriage took place previous to the rati-
to all persons, before any seizure should be made: amendments recommitted accordingly. fiction of the definitive treaty of peace with Great
This amendment, with the existing laws, would, in The states were now, under the recent rule, call- Britain, negotiated at Paris, and concluded on the
his opinion, fulfil all our duties as a neutral nation, ed on in succession for resolutions; when resolu- 3d September, 1783; and that said committee be
and, as far as laws could do it, preserve peace on tions, in number one hundred and ten, were offered, instructed further to inquire into the expediency of
the frontier. among which were the following: allowing said widow to establish the fact of such
But that the usual course of business should not On motion of Mr. Smith, intermarriage by such proof as would be admissible
be interrupted, that no right should be yielded, he Resolved, That the committee on the judiciary be in the prosecution of a civil right in a court of com-
had added a proviso that nothing in the act should instructed to inquire into the expediency of extend, mon law jurisdiction.
be construed to interfere with our accustomed trade ing the provisions of the law "tor the relief of cer- Mr. Grant submitted the following resolution, at
with foreign nations tain insolvent debtors of the United States," passed the request of Mr. Bronson, who was confined to
Mr. Thompson, of South Carolina, suggested an on the 2d day ofMarch, 1831, to all causes of the de- his room by indisposition, and it was adopted:
objection to the bill, which appeared to him in- nomination provided forin said act, that have arisen, Resolved, That the ;..cre .l:,v of war t-e r.-i.- re.l
superable. He held it to be a matter both of honor or shall arise hereafter. to communicate to this hocusit the rblloniing ,nikrnr.-
and duty, (and in our intercourse with foreign na- On motion of Mr. ./therton, action, viz.
lions these were ever identical,) that we should Resolved, Thatthe secretary of the treasury bere- 1. How many volunrter and tniilia t-ir brwii
maintain our neutrality in the most punctilious quested to communicate to the house- mustered into, or emp.lie.c in. he .ericem ou ih,'
manner, aid he would not have the nation stop to 1st. The amount of balance against all banks United States, within ih laei ;-r ,..ar-,arid i.u, in.:r
make a treaty, orto ask pay before it did that which which have been used as public depositories, that is of mounted men. s i
honor required. But while he approved the gene- not secured or will probably be lost, adding thereto 3. When, where, and for what purpose,such vol-
ral object of the bill, and was very desirous it should the estimated loss that has accrued by taking on unteers or militia were employed or mustered into
pass, he could not vote for it in its present form, public account depreciated bank notes. the service of the United States, and the length of
because, as he had last evening intimated, its pro- 2d. The amount of balances against all kinds of time they continued in such service.
visions were directly contrary to the 4th amend- collecting officers, which has not beeh secured, and 3. The difference in the expense, ifany there has
ment of the constitution, which secured the people will probably be lost. been, between the employment of such volunteers
of the United States from unreasonable seizures of Sd. The amount of losses which have accrued or militia, and the troops of the regular army; and
their persons and property, and which Mr. T. quot- through failures in paymentof duty bonds. generally the estimated difference of expense be-
ed as follows: Mr. A.dams submitted the following, which lies tween the employment and maintenance of regular
'The right of the people to be secure in their per- over one day. under the rule: troops and militia or volunteers.
sons, houses, papers, and effects againstunreasonable Resolved, That the just claims of the citizens of Mr. Loomis submitted the following resolution;
searches and seizures, shall not be violated; and no the United States upon the governmentof the Mex- which, by the rule, lies over one day:
warrants shallissue but upon probable cause, support- ican Republic for indemnity for injuries upon their Resolved, That the postmaster general furnish
ed by oath or affirmation, and particularlydescribing persons or property, committed by officers or other to this house an estimate showing, as near as he
the place to be searched' and the persons or things to persons subject to the jurisdiction of the Mexican can ascertain-
be seized." conifederation,ought not to be sacrificed orabandoned 1. What proportion of the mails of the TUnited
Now (said Mr. T.) this bill did authorize seiz- by the government.ofthe United States. States consists of free parcels estimated by weight.
tres, not under due course of law, nor by the exe- Resolved,. That the existing relations between 2. What proportion consists of free parcels esti-
cutive alone, but at the mere discretion of an inde- these United States and the Mexican republic can- mated by amount of postage on parcels that pay
finale number of subordinate officers whom he not justify the United States, on any principle of in- postage, and accounting all printed documents at
might oppoint. This was far too high and danger- ternational law, in resorting to any measure of hos- pamphlet postage.
ous a power to be entrusted in such hands. It was utility against the Mexican government or people. 3. What would be the proportion of the amount
a power utterly at war with all public liberty, and Resolved, That in the present state of the relations of postages to be paid by the government in case all
the circumstances of the case were not such as to between these United States and Mexico, nothing free parcels were charged togovernmentatthesame
warrant it. Mr. T. knew something of the history has occurred which can justify the continued sus- rate that printed parcels pay.
of the contests fur human liberty, and this very im- pension of amicable negotiations between them. 4. To how low a rate the tariff of postage can be
munity from seizures had always formed a conspi- Resolved, That the president ofthe United States reduced, and sustain the department, in case all
cuous feature in the struggles against liberty. Al- be requested to resume amicable negotiations with parcels conveyed in the mail were chargeable viith
most all the charters which had been wrested from the government of the Mexican confederation. postage.
oppressive monarchs contained guaranties on this On motion of Mr. Lincoln, On motion of Mr. Henry, the following was agreed
subject. Yet here the whole tremendous power Resolved, That the committee on the judiciary be to:
was, without ceremony, committed to the hands of instructed to inquire into the expediency of so Whereas, the great mass of both public and pri-
a host of petty officers. It was obvious that the amending the laws on the subject of the unaturaliza- vate business, demanding the attention of congress
power would be monstrously abused, for all these tion of foreigners as to require a longer term of re- for a few years past have far exceeded what could
rcers wielded it at their personal discretion. No sidence in the United States previous to their ad- be reasonably attended to and passed upon, and at
v-re should be permitted that was not based on mission to the rights of American citizenship, and the present session it'appears to have vastly increns-
,ous oath or affirmation taken before a jiudi- greater checks and securities'against frauds in the ed, which renders it imperative that some mode
'r. Such a requirement was reasonable means of process of obtaining naturalization. should be employed with relation to a portion of
impliedd with. But as it now stood, the Resolved, That the same committee be further in- that business at least, that more prompt and definite
an unnecessary, wanton violation of structed to consider the propriety and expediency of action may be had thereon
and the president was authorized providing by law against the introduction into the Whereas, the` delay and expense attending the
\ whole military power of the United States of vagrants and paupers deported present mode ofsettling and adjusting private claims
go law had been quoted as a from foreign countries, for whom no place of resi- it is believed can be advantageously remedied by









NILES' NATIONAL REGISTER-FEBRUARY 24, 1838-CONGRESS. 41]


constituting a board of commissioners for that pur-
pose, consisting of three or five competent persons,
whose duty it shall be to examine, adjudicate, and
pass upon all private claims against the government
with the least possible delay; whose determination
shall be final and conclusive, and who shall be al-
lowed a reasonable compensation for their services.
Therefore.
Resolved, That the-committee of claims be in-
structed to inquire into the expediency of establish-
ing by law a board of commissioners for the adjust-.
ment and final settlement of all private claims
against the government.
On motion of Mr. McKennan,
Resolved, That the committee for the District of
Columbia be instructed to inquire into the expedi-
ency of so altering .or amending the existing laws
as more effectually to suppress gambling and gam-
bling houses within the District. .
On motion of Mr. Taliaferro,
Resolved, That the resolution of the general as-
sembly of Virginia, addressed to the senators and
representatives of that commonwealth in the con-
gress of the ,United States, and herewith presented
to the house, be referred to the same committee of
the whole to which No. 546 was committed, and also
to the committee on revolutionary claims.
On motion of Mr. Monigomery,
Resolved, That the secretary of the navy be in-
structed to report to this house-
1st. The names, class, and number of vessels that
have been built or selected for the exploring expe-
dition; what number, if any, have been selected or
built that have been abandoned; by whom selected
or built, and the causes why they have been reject-
ed, and upon whose recommendation.
2d. The number of officers and persons appoint-
ed to said service, with their names, rank, pay, dates
ofappointment, and the duties of those not ordina-
rily attached to.a marine corps. I
3d. The amount already appropriated for said
service; the amount expended, wilh a statement of
what will be the probable amount yet required be-
fore sailing; the amount that will be required an-
nually to support said expedition while out.
4th. A copy of the orders under which the squad-
ron is to sail. -
On motion of Mr. Wise,
P..... That ilihe ...,n,;rt..: for the District of
C.:.l,int.- L.:. insitri t r .:. inq. i'e into the expedi-
ece-v .:.1 r. .,., lii, iur..c,- p,..:.-- r restrictions and re-
1. .:,r,,. with the c.:.r'..i .:.f the people of this
,.1,ii ,:. .andAp.ttbe ie: .:.r M in land and Virginia,

*ii r. i.._non ot Mir. .f, r., r.
'.:; .*,...1, Thi t thl s..-:r-l .\ of war be directed to
i'..r.. this h ,.e' i [ar,.c-it ofthe relativecost
''..,-. Ih- i. ...... .. I.. Ith .g, equipment, and
maintenance, including the transportation for a
given distance of mounted men or cavalry and in-
fantry in the service of the United States.
Mt. Patton submitted the following resolutions,
which were lail on the table, viz.
1. Resolved, That the power of removing execu-
tive officers is vested in the president of the United
States.
2. Resolved,- That this power was conferred to
enable the -executive "to take care that the laws
are faithfully executed,"' and cannot be exercised
arbitrarily or capriciously, without an abuse of pow-
er, tyranical in its operation, corrupting in its ten-
dency, and converting a remedy for unworthiness
and misconduct into a terrible engine of executive
power.
3. Resolved, That the patronage of the executive
department has increased to an alarming extent, and
ought to be restricted and diminished so far as is
compatible with a safe and faithful execution of the
laws. .
4. Resolved, That it is the right of the represen-
tatives of the people to examine into all abuses and
usurpations which may be apprehended to exist in
any of tie executive departments, in order that they
may be corrected and prevented, if possible, by le
gislation; and, in flagrant and wanton cases, expos-
ed and puqnished.
5. Resolved, That the power of appointment and
removal from office, vested in the executive, may
be greatly abused, and its exercise ought, therefore,
to be watched and strictly guarded, so as, if possi-
-ble, "to prevent the power and patronage of the
executive from being brought into conflict with the
freedom and purity of elections."
6. Resolved, That the representatives of the peo-
ple in this house have a right to inquire into the
causes for which any executive officer has been dis-
missed from office by the executive.
7. Resolved, That, in prosecuting such inquiry,
the house of representatives has a right to call for
and have furnished to it all official documents, pa-
pers, and letters relating to theremoval of such of-


ficer, which may be on file among the'records of any
of the executive departments.
8. Resolved, That a select committee of- mem-
bers be appointed, whose duty it shall be to inquire
whether any -"honest, capable, and faithful" officers
have been dismissed from office, riot on grounds of
.error, negligence, incapacity, misconduct, or unfit-
ness: and, also, to consider and report whether any
and what restrictions can be imposed by law upon
executive patronage, so as more effectually to guard
against abuse and corruption in the exercise of the
power of removal from and appointment to office.
The following was offered by Mr. McKay, and laid
on the table under the rule.
Resolved, That a select committee be appointed
to inquire into the manner in which the public
printing for congress and the executive departments
has been executed; whether it has been done con-
formably to law, whether any and what change can
be made for the promotion of the public good, and
that said committee have, leave to report by bill or
otherwise. '
On motion of Mr. Elmore,
Resolved, That the secretary of the treasury be
directed to report to this house, (as far as the same
is practicable from official documents, and. where
they are deficient, from the most authentic sources
of information in his power,) statements exhibiting
the annual value of the exports of each state before
and since the declaration of independence; show-
ing what amount was of domestic and what of
foreign growth and manufacture; the annual value
of imports into each state during the same period
the amount of duties chargeable each year on said
imports, and the amount actually collected; the
amount, of such imports liable to duty, and what
was duty free; the amount of drawbacks paid an-
nually in each state, and oi: what articles; and,
also, what was the average of the rate of duties in
each of said years.
On motion of Mr. Harlan,
Resolved, That the committee on the public lands
be instructed to inquire into the expediency of pro-
viding by law that hereafter the officers who may
be engaged in selling the public lands shall not be
engaged, either directly or indirectly, in tihe sale or
purchase thereof, during their continuance in office.
On motion of Mr. Campbell of Tennessee,
Resolved, That document No. 34, now on the files
of this house, be referred to the committee on claims,
and that said committee inquire into the expedien-
cy of paying the companies of Tennessee volunteers
therein mentioned, and guch other company or
companies of infantry or mounted men and volun-
teers as organized and equipped themselves for the
Creek and Florida campaigns in the year 1836, who
were not mustered into the service of the U. States.
Mr. Bell submitted the following, and debate aris-
ing thereon, it was laid over under the rule:
Resolved by the senate and house of represenalatives
of the United States of .idmerica in congress assenm-
bled, (two-thirds of the house concurring) That the
following amendment to the constitution be pro-
posed to the legislatures of the several States, which'
when notified by the legislatures of three tourths of
the states, shall be voted, to all intents and purposes,
a.s part of the constitution, to wit:
"No person who shall have been elected presi-
dent of the "United States shall be again eligible to
that office."
On motion of Mr. Bond,
Resolved, That the committee on public lands,
who are already instructed to inquire into the expe-
diency of granting certain appropriations of said
land to officers and soldiers of the Virginia state line
in the revolutionary war, be, and they are hereby,
also instructed to inquire into the expediency of ex-
tending such appropriation to all other American
officers, soldiers, seamen, and marines of that war,
so as to equalize the bounty of each; and if any rea-
son for discriminating in favor of those officers and
soldiers of the Virginia line exists, that the same be
reported to this house.
.On motion of Mr. Dunn,
Resolved, That the secretary of the treasury be
requested to furnish this house with all the infor-
mation in his possession as to the manner ofrenew-
ing the bonds given for duties under the act of last
session, entitled "An act to regulate the fees of
districts attorneys in certain cases;" by what of-
ficers the same have been renewed; what fees have
been charged by district attorneys on bonds which
were renewed, by the respective collectors under
the above act, and upon which no suit had been
commenced; and what fees, if any, have been so
charged, and by what law or authority the same
have been charged, together with a copy of all in-
structions given by the secretary of the treasury
upon the subject to collectors, attorneys, or others.
' Mr. Lewis submitted the following resolution, and
the rule which required it to lie upon the table one


day being suspended, it was read, considered, and
agreed to:
Resolved, That the president of the United States
be requested to furnish to the house of representa-
tives copies of the following papers:
1st. A copy of a certain contract made between
general Thomas S. Jesup, certain Creek Indian
chiefs, and James C. Watson & Co.
2d. Copies of all letters addressed to, or transfer-
red from the war department, to any official or
other persons, concerning said contract.
3d. Copies of the legal opinions of Messrs. Craw-
ford and Balch, commissioners appointed to investi-
gate the firauds practised upon the Creeks in the sale
of their reserves, upon said contract, together with
copies of the evidence before them and arguments
of counsel.
4th. A copy of the ratification of said contract by
the executive,-and of any papers purporting to be
the assent of the creek reserves to said contract of
said Jesup, Creek chiefs, and said Watson and
others.
5th. Also, a copy of any other contract made for
Creek reservations, by chiefs of the Creek nation;
purporting to be on behalf of their people, since the
month of August, 1836, and on file in the war de-
partment.
On motion of Mr. Chapman,
Resolved, That the committee on military affairs
be instructed to inquire into the expediency of in- ,
creasing the pay of volunteers when in the service
of the United States.
Also, granting a quantity of land in proportion to
rank to each officer and soldier who has served for
twelve months during the present war with the Se-
minole Indians in Florida.
On motion of Mr. Downing,
Resolved, That the committee on the territory be
instructed to inquire into the expediency of author-
izing the territory of Florida to take the census and
to adopt a constitution, preparatory to an introduc-
tion into the Union.
Mr. John Quincy Adrams, by leave, moved the
following:
Resolved, That at the commencement of the first
session of every congress of the United States, every
person claiming a seat in the house of representa-
tives shall, before taking his seat, furnish the clerk
of the house the credential authenticating his elec-
tion as a member of the house; -and in calling over
the roll of members appearing to take their seats,
the clerk of the proceeding house shall not include
in the call any person who appears without produe-
ing his credential.
Debates arising on the said resolution, it was laid
on the table.
By Dromgoole, of Virginia;
Resolution proposing an amendment to the consti-
tution of the United States in relation to the elec-
tion of president.
Resolved by the senate and house of representatives
of the United States of America in congress assem-
bled, (two-thirds of both houses concurring.) That
the following amendment to the constitution of the
United States be proposed to the legislatures of the
several states, which, when ratified by the legisla-
tures of three fourths of the states, shall be valid
to all intents and purposes as part of the constitu-
tion:
"The electors shall meet in their respective
states, on such day as congress shall determine, and
vote for president ard vice president, in the manner
prescribed by the twelfth article of amendments to
the constitution. In addition to the lists required
by the said twelfth article of amendments, the
electors shall make distinct lists of all persons vo-
ted for as president, and of the number of votes
for each; which lists they shall sign and certify,
and transmit, sealed, to the seat of government of
the United States, directed to the president of the
United States, or, if there is no president, to the
person exercising the powers of said office, within
days, to be opened and examined by him.
If it shall appear, upon examination, that no per-
son has received a majority of the votes of the elec-
tors appointed, the president of the United States,
or the person exercising the powers of said office,
shall forthwith, by proclamation and by notifications
to the executive of each state, publish the num-
ber of votes given to each person as president.
Whereupon, the said electors, or such others as
may be appointed in their stead by each or any of
the states, in such manner as the legislature there-
of may direct, shall meet on such lay succeeding
the first meeting as congress shall determine, and
vote for one of the two persons having the highest
numbers on the lists of those \oted for as presi-
dent at the said meeting. Or if it should happen
that more than two persons shall have received the A
highest, and also equal, numbers of votes, the said A11
electors shall vote for one of them as president. Q

.if









412 NILES' NATIONAL REGISTER-FEBRUARY 24, 1838-CONGRESS.


it" it should happen that one person shall have re
ceived the highest number, and not a majority o
the whole number of votes, and two or more per
sons shall have received the next highest, and als
equal, numbers of votes, the said electors sha
vote either for the persons hating the highest nuin
ber, or for one of. those having the next highest
number of votes as president.
"The electors at the said second meeting, should
it take place, shall make distinct lists of all person
_voted for as president, and of the number of vote
for each; which lists they shall sign and certify
and transmit, sealed, to the seat of government o
the United States, directed to the president of th
senate. The president of the senate shall, in th
presence of the senate and house of representives
open all the certificates, and the votes given 1
the electors at their first meeting shall be counted
and also the votes given by the electors at thei
second meeting, should such second meeting hav
taken place; it it shall appear that any person ha
been duly elected president of the United States
according to the constitution, by the electors at their
first meeting, such person shall be the president; i
not, and it shall appear that any person shall hav
received the greatest number, and also a majority
of the votes of the electors at their second meeting
such person shall be the president; but if it shal
happen that no person is duly elected president o
the United States, either at the first or second meet
ing of the electors, then the senate and house o
representatives shall immediately, by ballot, eaci
member of both houses giving one vote, proceed ti
elect a president of the United States from the per
sons duly voted for at the second meeting of.the
electors. The said joint meeting shall consist o
-at least a majority of the members of each house
and a majority of the votes of all the members pre
sent at the said joint meeting shall be necessary t
a choice of the president of the United States. Bu
if no person shall receive such majority on the first
or on a second, ballot, then a plurality of the sai
votes shall decide the election."
The resolution was twice read, and referred t
the committee of the whole house on the state o
the union.
Several resolutions were offered which seemed
likely to excite debate; these, under the rule, wer
immediately laid over to another day.
The states having been called through, and eacl
member allowed to present one resolution only, or
series on one subject, it was moved that the call b
repeated, in inverse order, for the remaining resolu
tions; but the motion failed; and, after the present
station of a few resolutions, by leave, the house ad
journed.
Tuesday, February 20.- The clerk being about to
read thejournal, as usual,
Mr. Wlhiitlesey, of Ohio, rose and expressed the
hope that the reading of that part of the journal of
yesterday which consists of a record of the resolu-
tions, then so numerously offered, be dispensed
with.
The speaker, remarking that the journal of yes-
terday comprised forty-four pages, the suggestion
of Mr. Whittlesey was adopted wneo. dis.
Reports of committees were then called for, when
the following, among others, were presented;
By Mr. Inghm, friom the committee of naval af-
fairs: Bills for reducing utinder one head of appro-
priation various appropriations for building rebuild-
ing, replacing, purchasing and repairing vessels
of war, and for providing materials for the same.
To alter and regulate the navy ration.
To regulate the pay and emoluments of persons
in the navy.
Mr. Patlon, from the committee on foreign af-
fairs, to which had been referred the bill from the
senate for the further prevention of certain crimes,
said that he had been instructed by a portion 6f the
committee to ask that that committee be discharged
from the further consideration of that bill. Ordered
accordingly; whereupon
Mr. Howard moved that, at 1 o'clock this day,
the house do proceed to the consideration of this
bill.
This motion (requiring two-thirds to carry it,)
prevailed without a division.
Mr. Adam's resolution of inquiry, in relation to
the Gorostiza pamphlet, as amended, came up in
, order.
',Mr. Adams said that it was now two months
,e this resolution was offered. It was merely
\tution of inquiry, addressed to the president
unitedd States, for. information; and he had
...p.:.e a compromise to the chairman of
",c on foreign affairs, to wit, to with-
',art of the resolution, (calling for
\eign minister who communicat-
"hiet to the secretary of state,)
-.the secretary of state ap-


- peared to be so much opposed, if the gentleman petitioning for a settlement these thirty years,
if from Maryland (Mr. Howard) would allow the The government had been begged to sell the land,
- question on the remainder to be taken without de- but in vain. This bill proposed' to refer the claims
o bate. It was time the question was disposed of. to the federal courts: but if the committee had no
11 Mr. Howard said he had designed to say some- confidence in these courts, and juries, let them pro-
- thing in reply to the former remarks of the gentle- vide some other tribunal, a board of commissioners,
it man from Massachusetts; but was willing to accept any thing, that should lead to a definitive settle-
the proposed compromise. That he could not so ment; or, if the committee would undertake to
d far flatter himself as to believe that it could have settle the matter, he would consent with all his
s been offered by that gentleman in apprehension of heart. He concluded by moving to recommit the
s the reply he (Mr. H.) was about to make, bill to the committee on private land claims, with
, Mr. Hfaynes said lie also had had the intention of instructions to report this bill, or some other, for a
if making some reply to the gentleman from Massa- final settlement of these claims.
e chusets, but,,aetuated by the same motives as those Mr. Yell, of Arkansas, supported the motion.
e of his friend from Maryland, lie would forego that The people of Arkansas had no interest in the bill,
i, intention, other than that the claims should be quieted in
y Mr. ,dams rose to assure the gentleman from one way or another. He dwelt on the injurious
, Maryland (Mr. Howard) that the motive he had effect of having large districts of country in such a
r suggested for his proposing the compromise was the situation that it could not be settled: the expense
e farthest possible from his mind. of keeping them pendent, and the waste of the pub-
s The resolution, as modified by the mover, was- lictime, which must accrue from the continuance of
, then adopted, nem. con. these claims for years to come. The claimants
r Several resolutions were then taken up and con- never would rest till a settlement was had, and
f sidered. After others, came up in its turn a reso- congress might expect application from year to
e lution moved by Mr. W. C. Johnson, proposing the year.
, appointment of a select committee, to consist of Mr. Johnson, of Louisiana, urged the adoption of
, one member from each state, to inquire into the the motion of his colleague-referred to the previous
lI expediency of making further appropriations of history of these claims, which had for thirty-four
f public land to the several states forthe purposes years kept these districts of country waste and un-
- of education, &c. settled. He argued on the obligation of this govern-
f Mr. Johnson, who. had not expected this resolu- ment, by treaty, to secure the inhabitants of Loui-
h tion to come at this moment, was not prepared with siana in the titles to their property. The question
o some modification of it which lie wished to pro- to be settled was a judicial question; it turned on
- pose;, and he proceeded to explain what it was lie the right of certain Spanish governors to make the
e proposed to do in this matter; but had proceeded grants on which these claims rested. The senate's
f but.a few minutes when the morning hour expired, bill proposed, therefore, to refer the matter to the
, and the house proceeded to the orders of the day. courts, but under restrictions which obviated any
- The senate bill, for the preservation of neutral danger of injustice to the claimants or the govern-
o relations, was then taken up, according to previous ment. If, however, the bill did not seem to the
t appointment, (the hour ofone o'clock having ar- committee to be sufficiently guarded, let them muil-
, rived.) [The effect of the recommitment of the tiply the restrictions: all the state of Louisiana de-
d bill and amendments, and its being reported back sired was to have the claims quieted.
without amendment, was declared to be to put Before any question was taken the morning hour
o aside all the amendments already moved.] expired, and the house passed to the orders of the
f The debate was contiuued by several members, day.
and occupied the remainder of the sitting. A full The Canada frontier bill.
d report of it will be given hereafter. The senate fill, for ir.:h oalin of n,:utral
e After some extended remarks, Mr. .dams moved relations, was then tal; r i..
to print the bill and amendments, and in the mean The debate was cotmnu.d by M..'irb Howard,
Time to adjourn. But he withdrew this motion on Mercer, Shields, Ti.J ,:. Hlc, :o. r,,:tu c .dd-
Sthe request of anrs, and Thompson, .:lcih c.f all.ol u loze re-
Mr. Wise, who moved to print the bill and marks will be given in Ieire .-0oilr':bhol.r.
amendments, (which had become quite complicat- Mr. Everett gave notice ai' h'fia'onhIl mrme to-
ed,) and to re(hr it to the committee of the whole morrow to recommit Ihe tbll In tlhe commrn.t.lle on
on the state of the union. He was in the dark, at foreign affairs, with ..,.-;ici.r,s to riepo,t lthie bill
present, upon this subject, and wanted information with an amendment, v, r,.ch l,,-.w &asked to have
as to the true state of the bill and amendments, printed.
Mr. Potion opposed.this motion, as did Mr. Bell, The motion to print prevailed.
who renewed the motion to adjourn; which motion Mr. Maxwell made a motion to print also an
prevail gse ad amendment he proposed to offer; which prevailed.
The house adjourned, at 5 o'clock. The house, on motion, adjourned at 5 o'clock.
Wednesday," February 21. Mr. Howard moved
that at 1 o'clock the house would resume the con-
sideration of the Canada bill; which was agreed to. THURSDAY PROCEEDINGS.
Mr. Reed, of Massachusetts, moved that the use In senate. Mr. McKean presented a memorial
of the hall be granted to the congressional tempe- from a meeting of the merchants, manufacturers,
rance society on Tuesday evening next. and business-men ofPittsbunrg, remonstratingagainst
The question being put, the yeas were 60 the the sub-treasury, and its kindred doctrines con-
nays 30. No quorum having voted, -the yeas and tainted in the president's late message, and advocat-
nays were demanded, and, being taken, as follows: ing a sound credit system, with a due basis of specie.
Yeas 82, nays 43. Two-thirds not voting in the Oni motion of Mr. Mr. McK., this document was
affirmative, the motion was rejected, read, laid on the table, and ordered to be printed.
A number of reports were made from commit- Mr. Tallmadge presented the resolutions of the
tees, chiefly on private hills. assembly of New York against the sub-treasury bill
Mr. Harlan, from the committee on private land now before the senate.
claims, to whom was referred the bill from the Mr. T. said ie cheerfully complied with the re-
senate to adjust the claims othe Marquis dthe Marquis Mai- quest contained in one of the resolutions to present
sonrt Rouge and the Baron astrop, mae an oral hem to the Baron Bastrop, man a oral them to the senate of the United States. He would
report, recommending that the bill do not pass. also take this -occasion to say, that the body from
Mr. Garland, of Louisiana, remonstrated against which these resolutions came was composed of as
the adoption of the report. The claims in ques- enlightened, talented, and patriotic menlt as had been
lion covered a large extent of country, occupying assembled at the capitol of the state' for a series of
the best part of two counties in Louisiana, besides years past. They were fresh from the people, and
a large quantity of land in Arkansas. These lands Mr. T. had no doubt expressed truly the wishes
had remained unsettled ever since the settlement and feelings of a large maorityof the electors ofthe
of Louisiana, for want of an adjustment of these state ofNew York. Mlr:T. said he concurred fully
claims. -Bills had repeatedly passed the senate di- in the sentiments and views contained in these re-
recting different modesof settling them; and many solutions, and that, in his opinion, they set forth
reports had been rendered respecting them in this with great force and brevity the objections to the
house. But now the committee on private land adoption of the sub-treasury scheme. He particu-.
claims had n6t only made no report on this bill, but larly agreed with the assembly that "the persever-
had even refused to consider the subject'! Would ing efforts made to procure its adoption have deeply
congress keep these long contested claims eternally alarmed the people of this state, and furnish, at this
unsettled? All hlie asked was a settlement in sotnme time. a prominent obstruction to the revival of credit
form. If the senate's bill was unacceptable to the and business, and a return to specie payments by
committee, let them report an amendment or ano- the banks,"
their bill. Mr. G. cared not how the question was These resolutions were read, laid on the table,
to be settled; let the decision be in favor of the and ordered to be printed.
claimants, or against them: it was comparatively of The committee oni pensions was discharged from
no consequence, provided the claims were quieted the consideration of a number of petitions which
one one way or the other. The claimants had been had been referred to them.










NILES NATIONAL REGISTER-FEBRUARY 24, 1838-MR. WRIGHT'S SPEECH. 413


After some other business of minor importance
had been transacted,
On motion of Mr. Davis, a call was ordered on
the secretary of the treasury for a certain docu-
ment relating to light-houses.
And, on motion of Mr. Benton, for copies of an-
swers made by the late deposit banks to the cir-
cular of May last.
The resolution, reserving for ladies the front seat
in the circular gallery of the senate, was taken up
and agreed to.
Also, the resolution offered by Mr. King, for
inquiry as to making certain coast surveys; [advo-
cated by Mr. King, and objected to by Mr. Davis,
on the ground that general coast surveys were now
going on, and it might therefore be injurious to
withdraw any portion of the persons so engaged,]
The resolution offered many days ago, for giving
to each senator a copy of certain land documents
published in 1833 and '34, and a copy of the Ame-
rican state papers to each of the senators that are
now without them, was taken up, on motion of Mr.
King, (on whose motion it had been laid on the
table,) and agreed to.
A number of private bills were ordered to a third
reading.
The senate concurred in the amendment of the
house, striking out the first section of the bill to
amend and extend the charter of the Franklin in.
surance company.
Sub- Treasury Bill.
The senate resumed the consideration of this
subject, and of the substitute offered by Mr. Rives,
when
Mr. Crittenden rose, and spoke two hours in op-
position to the bill; after which,
On motion of Mr. Brown, the senate adjourned
HOUSE OF- aEPaESEN TA.TIVES.
Thursday, Feb. 22. On motion of Mr. Howard,
it was agreed that the house would, at one o'clock,
resume the consideration of the Canada bill.
The unfinished business of yesterday morning
came up 'in course, being the consideration of a
report of the committee on private land claims, ad-
verse to tIle bill of the senate, which proposes to
ref.-r the clai;,iaof M 5>,;,r, Rouge, Bastrop, and the
Wi-.,,. ito itiedsitri.:t court, of the United States
ili a.JjJ.licaliiom gtogtlher u ih a motion to recom-
trnt the bll _Mlie 'amne .committee, another to
c.intmnit tI nnlllte ufthe whole house.
A deru ra,:. on the commencement.
tI.crtior,< .ne t. r>C.i.r t the bill to the com-
mlnir.:.: .i" pi bl'.ljr.Js and the committee on the
ju.ecr,,;andttie Ah I.:i m )rning hour was con-
s,,. -J iin i Rig hi.:m The matter resulted in
te ..u.riiini ej o ie bill to the committee of
the whole- house, and letting it take its turn on the
docket. Ayes 85, noes 45.
The house, at one o'clock, resumed the conside-
ration oftthe neutrality bill.
And the question being on the adoption of an
amendment modifying the first section so as read
as follows:
"Be it enacted, oc. That no person shall, within
the jurisdiction of the United States, purchase or
procure, collect, transport, or have in possession
any vessel, vehicle, arms, or munitions of war, or
collect, or employ, or imbody, or train men, with
intent to the nse or employment of the same, in
exciting, aiding, or carrying on, or to be used in
any insurrection or rebellion against the territory
or dominions of any foreign prince or state, or any
colony, district, or people, conterminous with the

dsemed guilty ofa misdemeanor, and shall be fined
not exceeding three thousand dollars, and to be
imprisoned not exceeding three years.
It was debated by Messrs. Touey, Robertson,
Reed, Haynes, Howard, Filmore, Pation, Bell,
Mercer, Ydamas, and Wise.
Mr. Robertson moved to recommit the bill to the
committee on foreign affairs.
Mr. Fimore moved to commit it to the commit-
tee on the judiciary; but, before any question was
taken, the houe adjourned at halfpast4 o'clock.

SPEECH OF MR. WRIGHT, (os NEW YOK .)
WEDNESDAY, JANUARY 31, 1838,
Upon the bill "to impose additional duties, as depo-
sitaries, upon certain public officers, to appoint re-
ceivers general of public money, and to regulate
the safe-keeping, transfer and disbursement of the
public moneys of the United States."
(Concluded.)
Fifth. The next and most important comparison
between the two systems was the influence of
each upon the government of the country and its
finances. The proposed system would place the
money of the government, at all times, within the


power and control of the government. It would
enable the government, at all times, to pay its debts
in a currency not depreciated, a currency equal to
the standard of the constitution and the law. It
would render the government financially indepen-
dent, and maintain it in that position. Under such
a system we should no more hear, what we were
now daily hearing in this hall, that honest citizens
had been defrauded, by being paid their demands
against the treasury in bank paper, which was de-
preciated or worthless, and that congress ought to
indemnify them for their losses thus occasioned.
These were some of the benefits certain to be de-
rived to the government from the adoption of the
system provided for by the bill; but there was
another, and, in his judgment, far greater benefit,
equally certain to flow from its adoption. It would
exempt the government from the constant and in-
numerable imputations of injuries to trade, to the
currency, to credit, to the private affairs of indivi-
duals and banks, from its financial movements.
Was any person whom he addressed insensible to
the moral and political evils growing out of these
complaints? To their strong tendency to alienate
the feelings of the people from our most valuable
institutions, and to bring them to look upon all
government as a curse and not a blessing; as cal-
culated, not for their protection, but destruction and
ruin. He would remind the senate, very briefly,
of the course ofthese complaints for the last four
years.
The government removed the public money from
one single bank and placed it in several others. A
clamor followed the act; a panic was excited; banks
failed, merchants failed, money was made scarce,
the currency was disturbed, credit received a shock,
and, for some four months in succession, we heard
nothing here but scenes of distress, general ruin,
and almost famine; and all in a time of as great
plenty and abundance, not of the necessaries of life
only, but of money, as our country had ever wit-
nessed. The panic passed off, and business of
every description, and enterprise of every char-
acter, sprung into increased life and activity. The
public lands commenced to sell rapidly, and our
revenues became excessive. Then came the se-
cond complaint which he proposed to notice, and it
was that the whole splendid public domain, that
rich inheritance of bur fathers of the revolution,
under, the operation- of the "pet bank system,"
was going or gone; was being changed, for what?
For "bank rags." That complaint lasted us for
the most of one session of congress, but nothing
was done, by legislation, to remedy the evil. rihe
accumulations of revenue had, by this time, come
to be vast, and this gave rise to a third complaint.
It was double in its character, and contradictory
with itself, and yet it entertained us during a large
share of one of our sessions, and finally produced
legislation. It was to-day that the government was
actually locking up in the banks all the money of
the country, while the honest and hard-working
citizens were suffering for its use. To-morrow, the
almost countless millions were loaned by the pet
banks to the favorites of the executive and mem-
bers of the dominant party, to enable them to make
speculations in the public lands, and in all other de-
scriptions of property, to the injury of fair business
men and the ruin of the poor. So far were these
complaints carried, inconsistent and contradictory
as they were, as to make a sensible impression
upon the public mind, and finally to induce almost
all the members of this body to vote for the depo-
site law of 1836, which was to dissipate this hoard-
ed fund, and place it in safe-keeping with the
states. The secretary of the treasury commenced
the necessary measures to execute this law, and
very soon found that the money which had been so
injuriously hoarded, in our debates here, had been,
in fact, rather too much dissipated before congress
interfered with it. This raised another complaint.
The secretary was wantonly executing the law,
because he did not like its provisions. He was
giving drafts upon the banks which had the money,
for acceptance and payment, as the law required;
when, if he had given them for transfer merely, the
banks would not have been injured. During the
first-part of this process, the sale of the public lands
continued at an accelerated pace; and although
congress made a strenous, but fruitless, effort to
remedy the evil, the complaint commenced again
that thie public domain was being exchanged for ir-
responsible bank paper. The president took up the
subject after congress left it, and directed the land
officers to receive nothing but gold and silver in
payment for lands. This laid the foundation for a
new and continuing complaint. The payment of
the immense deposits to the states produced the
necessity for equal collections on the part of the
deposit banks from their customers. These col-
lections occasioned a scarcity of money, and it was


the "specie circular" which had done it. Their
foreign debts pressed upon the merchants, and the
calls upon them from the banks disenabled them
to pay; but the specie circular had wrought the
mischief, by marching all the gold and silver of the
country to the west to purchase lands. Embar-
rassments continued to increase; extensive failures
of merchants and others took place; and, finally, in
May last, all the- banks of the country suspended
payment. Still the government was principally in
fault; the specie circular had taken all the metal-
lic currency to the interior, and prevented it from
going to Europe to pay our foreign debt; and the
banks could not pay specie until that debt was can-
celled. Time passed on. The funds of the trea-
sury were in the banks, and could not be com-
manded, and an extra call of congress became ne-
cessary to relieve the debtors of the government,
and supply the treasury with funds. The banks
were complained of for their excesses and improvi-
dence; and the fault was that of the government
for having placed in their hands such immense de-
posites, to be called for so suddenly, and for having
checked their excessive issues of paper by the
specie circular. Congress was convened, and the
,present president transmitted his message, propos-
ing to end these complaints by an entire severance
of all business connexion between the national
treasury and the banking; institutions. This at
once changed the face of things, and showed the
president and the administration hostile to the
banks; and now, although the foreign debt is paid,
and foreign exchange down to par, the banks can-
not resume payment for fear.of the government.
He would ask, in all candor, and'in all sincerity,
if any history of facts could show, more conclu-
sively, the impropriety of this connexion between
the finances of the country and the affairs of ifidi-
viduals and banking incorporations? If there was
a man who heard him, who did not see and feel the
necessity of relieving the government of his coun-
try flom these constant and contradictory com-
plaints? The proposed system will do that, and,
in his judgment, that alone would :be one of the
greatest benefits which could be conferred upon
the nation.
If such will be the influences upon our finances
and government, of the system proposed, what in-
fluences are to be expected from the state bank
system? Certainly, to place the money of the peo-
ple beyond the control of the servants of the pe.o-
ple, and within the control of the banks, to disen-
able the government to pay its debts, except in a
depreciated currency, whenever the notes of the
banks are depreciated; or to abandon its money,
collected and accumulated in the banks to meet
its debts, as a resource for that purpose, and to re-
sort to its credit to raise the means by which legal
payments can be made; to render the country, at
all times, under all circumstances, and in every
emergency, even that of war not excepted, and
after the money for the public use has been col-
lected from the people, financially dependent upon
banks, in the management of which it has no
voice, and over which it has, no control; to subject
the government to all the complaints which have
been recapitulated, and volumes of others of a like
character; in short, to subject the treasuryfof the
nation to all the.fluctuations to which an ordinary
banking or commercial house is subject; to make
it instrumental in promoting excesses in both, and
then chargeable with all the evils which may befall
either itself or the banking or mercantile interests.
Should he spend the time of the senate to prove
that these were the necessary consequences of the
system of state-bank deposits? In the face of re-
cent and severe experience both to the treasury
and to the country, would proof of these positions
be called for? That experience furnished the clear-
est and strongest proof, and those whom it had not
convinced, it was in vain for him to attempt to con-
vince, by fact or argument. Such, to his mind,
were the comparative influences of the two sys-
tems upon the government of the country and its
finances.
Sixth. He would extend his comparison to a
single other point-the influence of each system
upon the general currency, and dismiss this part of
the argument,
The system proposed was clear and certain in its
'action in this particular. It would secure a sound
and standard currency for the national treasury,
whether that currency should be gold and silver or
bank paper, and it would exempt that treasury from
the fluctuations of an unregulated and varying cur-
rency\ So far, therefore, as the money operations
of the government, could influence the currency
generally, tile influence exerted by this system
must be salutary, as it must be to sustain a genera
currency equal to its own standard. If that cu
rency should come, in time, to be gold and sil
.if










414 NILES' NATIONAL REGISTER-FEBRUARY 21, 1838-MR. WRIGHT'S SPEECH.

only, the system would exert another beneficial in- true, was a grave charge, and therefore required wholesome restraints of a national bank, should see
fluence. It would not only present a standard of some consideration. An attack must be an infringe- such baneful effects to follow the same influences,
currency worthy of imitation, but, to the extent of ment of some vested right, or a course of treatment when flowing from the public treasury? Should
the whole public disbursements, it would constantly so manifestly against the public good as to partake see there an attack upon the institutions, a pros-
circulate among the people a basis for the paper ofwantonnessandimmorality, oraspiritof revenge. traction of their credit, and a total destruction of
currency of the state banks, and thus aid them in Was any right of .these institutions proposed to be their usefulness?
keeping their .representation. of coin stable and infringed upon? Did their charters, granted by the He was aware that the system proposed was new,
firm, and equal in value to coin itself. Beyond states, for fixed and specified purposes, include and substantially untried, so far as the legislation
these influences it would leave the people and the among those purposes the safe-keeping or profitable and the practice of our government was concerned;
states to regulate, in their own way, and without use of the money of the whole country? Was there and it would be admitted by all, that, as a new mea-
the interference of federal power, that portion of a provision that'they should be fiscal agents of the sure, it had met the 'full share of denunciation to
the general currency which, by the divisions of national treasury, or that their credit should be which almost all changes from established custom,
power under our system falls within their jurisdic- sustained by the money and credit of the people of almost all- reforms, however valuable and useful,.
tion, and is the constant subject of their action. It the United States ? No. No such provision was are destined to meet, when .presented in the mere
would then be clear to all, if that portion of the ever heard of in the charter of any state bank. No shape of propositions for the acceptance of the pub-
currency should sink below the. standard of cur- right of the institutions was, then, infringed by with- lic. It was not his habit to speak disrespectfully
rency for the public treasury, that wrong existed -holding from them both the keeping and use of the here of the actions or the motives of any; and be
somewhere in state legislation, or in the manage- public money, certainly did not intend, in the remark he was about
ment of those entrusted, by state legislation, with Was any faith, or confidence, due from this go- to make, to express any wantof charity towards the
the regulation of that currency; and the .federal au- vernment to the states, or to'these institutions of course or opinions of any side of the house, or any
thorities would be free from imputation or suspi- their creation, violated by the proposed separation? individual in it. He yielded to all that credit for
cion, and would stand, before the whole country, The states had chartered banks for particular loca- purity of purpose and sincerity of intention which
holding up the true standard.of currency, and in- tions, with capitals such as the locations seemed to he wished them to award to him; but he must say
biting from the state authorities a correction of the demand; but would any one pretend that, in grant- that he had never seen more active, zealous, and
errors which should at any time disturb or depre- ing these charters,the state legislatures had counted persevering efforts to forestall public opinion upon
late that portion committed to their care. upon the money in the national treasury, orthe cre- any measure of legislation, than had been used to-
How, in this respect, does the opposite system dit of the federal government, to sustain and make wards this, from the appearance of the message of
act? The state banks are, to. much the greatest, if useful the banking institutions to which they were the president, at the extra session, to the present
not to the entire extent, private institutions, con- giving life and power, as banks of issue and dis- hour. He had seen this with the more deep regret,
trolled by private individuals and private interests, count? Did any state legislature ever, by word or because some of the most respectable, intelligent,
and owned in whole, or to the extent of a majority deed,.cause it to be understood, eitherby the people and influential, of those who had been friends and
of the capital, by private citizens, as private- or the institutions, that banks of their creation were supporters of the administration, and who, he trust-
property. .Private gain, then, as a necessary and mere skeletons, powerless and helpless, and that ed, were yet so, were among the most active in op-
natural consequence of the very constitution of life and health-giving principle was to be breathed position to this measure. They so acted, because
these banks, was their principle of government, into them by an extension of the patronage of the they so felt and so thought; and if they used efforts
and, as an equally necessary and natural conse- federal government, in the' shape ofa profitable use to prejudice the bill in the public mind, it was be-
quence, they could keep that portion of the cur- of its money, and a command of its.confidence and cause they deprecated its passage as, in their judg-
rency which they were authorized to furnish for the credit? Never. Had the federal government, by merts, injurious to the public interests.
country at a sound, standard value, when private any act or expression, authorized an expectation of He would entreat them, however, to pause and.
interest, and the prospect of private gain should so this patronage and confidence, except upon condi- reflect. Experience had tested the imperfections
direct, and they would sulfer it to depreciate by tions which had been violated by the banks,. and ofthe state bankdepositesystenmofwhichtheywere
the same rule. Give them the national treasure, had thus forced a separation between them and the advocates,whileexperiencehaddonelittletoapprove
and permit them to subject it to the fluctuations of treasqre.,of the country? He was aware of no or condemn the system proposed by the bill.' It had
their interest, and can a stable currency be expect- such Vpt or expression. The separation exists, and been in substantial operation since the suspension
ed, either for the treasury or the people? Who are has been forced upon the nation by the banks them- of specie payments by the t.bt,-s in I I\ Ii It
the legitimate customers of the banks? More par- selves; and the simple question is, shall we renew was forced into operation :-\- tlatsi-spnfr!irin It
ticularly the merchants. Their business pervades it? In what sense can the decision ofthat question, found the currency of the t:.:.nt' dmasi,.I. Ihe
not the whole of their own country only, but the however that decision may be made, be an attack credit ofthe country depres.-i anl bh.' tr.1r. :, of
whole civilized world. The laws of the states of upon the banks? The idea was a mistaken one, the country prostrate and at a.:- '..ild
the union, therefore, are regulations much too lim- and the objection, in any light in which it could be not say that these were th. :.1 i he
ited fbr them; and even the laws and regulationsof viewed, was unfounded and unjust. state bank deposit system. 4 hat
any single government, as to either trade or cur- He proposed, however, for the purpose of illustrat- point all he intended to sax. uu W m r, of
rency, are but municipal in their character, when ing the truth of this conclusion, and makingit more history that these disasters h"l rL.irta on th .n-
applied to their operations. Still they themselves clear, to call to the minds of senators a single chap- try under the practical operniri.n .-r sy Yt., i -
have local habitations, and the case may well and ter in our financial history. During forty years of What.had been the effect of it. .'r t.in two-
frequently occur, when it is vastly more important the existence of the government, under the federal thirds of a year, of the systecn %. l.I.h it -.'i,"s-
to them that they should be able to command spe- constitution, a national bank had been in existence, ed would destroy credit, depress property, discour-
cie to export, in liquidation of.their foreign debts, and he spoke from recollection, but he believed the age enterprise and exertion, and send the country
than that our local banks at home should redeem national bank had been, for the whole period, the back to a state of barbarism? Foreign exchanges
their notes in specie. What, in such a condition exclusive depository of the public money, the had been, for some time, down to and below par. in
of trade and of the mercantile interest, will always exclusive fiscal agent of the treasury. He was sure our commercial markets; thus afording conclusive
be likely to be the condition.of our local banks? it was so during the twenty years' existence of the evidence that our foreign debt had been reduced
Set aside the consideration that the merchants may last national bank, and he. thought it was so under within ordinary limits; domestic exchanges were
be able to control those institutions, from the the old bank. The then state banks were not depo- rapidly approximating a healthful state, furnishing
stock they hold, and merely assume that they are stories of the national treasure, nor.fiscal agents of the same evidence that internal trade was gradually
the principal debtors to the banks, and are to con- of the national treasury; and had it ever been as- and steadily equalizing itself; property retained a
tinue to be their principal customers. Let the ar- sorted that this legislation was an attack upon these fair value, and found a steady market; credit and
gument rest here, and give the banks the posses- institutions, or that their credit and usefulness were confidence were gaining strength; and the banks,
sion and control of the national treasure. Which thereby destroyed? Bnt,again,duringthe existence as a general remark, were recovering from their
interest would prevail? Would the treasury of the of the last Bank of the United States, the notes of late excesses, and preparing for a speedy resump.
country be sustained, and the payments to the pub- the, state banks were not disbursed to the public tion of specie payments. Such seemed to be the
lic creditors be made in specie, or its equivalent; creditors at all, and were not receivable in payment history of our business prospects at the present mo-
or would the views and wishes of the merchants be. of the public dues but at the pleasure of the nation- ment." He did not mention these things to ascribe
consulted, and the currency be made to bend to. a bank, and then, as every bank receives the notes them to the operations of the national treasury, orto
private and corporate interests? Let the experience of its neighbor institution, to take them out of cir- the mariner in which those operations had been
of the last year answer the inquiry. He would ex- culation, and return them promptly, to be converted conducted, since the suspension of the banks, but
press his confirmed opinion that,, under such a sys- into specie or specie funds. Did these state insti- to prove that the practical operation of a system for
tern, the currency of the public treasury must share tutions languish and die under this congressional the management of our finances, such asis sdibslan-.
all the-reverses and fluctuations of -foreign and do- legisX:tion? Did they not rather take root and tially provided for by the bill, had not had the'effect
mestic trade, and all the hazards of corporate bank- flourish, and become sound, and stable, and useful? to retard and defeat these great and beneficial busi-
ing as a private interest. Hence the operations of Has not a large and powerful political party in this ".ness results, nor to repress the immense energies,
the treasury itself must be suspended, or the law of country ever contended that the checks and re- and to cripple the vast resources of our.extended
congress, as to currency, violated, whenever revul- straints, exercised by the national bank, durinti this country.
sions shall oppress the country and the customers period, over tilt state institutions, were saluitary Surely, -then, so far as experience has afforded
of the banks, or the alternative be resorted to, as it and proper? That it was a great balance-wheel, evidence, it offers no cause for discouragement to
recently has been, by the national authorities, to regulating and equalizing tlie movement ofthe thefriends of the measure; and inasmtich as opinions
convoke congress, relieve the banks and-the pub- whole complex machinery? What is .proposed by beyond that, whether favorable or unfavorable, are
lie debtors, and resort to the credit of the nation to the bill, but that, to the extent of its operations, the little more than conjecture, the opposers of the bill
'stain its treasury, until the natural operations of national treasury shall form the same check and re- s;iold not demand of us to surrender our favorable
"lthful business shall again restore the equilli- strain upon the local banking institutions? Thatit judgment, though thus slightly tested, in favor of a
shall keep the public money independent of them? measure which reprtatci' experiment, both ih ad-
it his mind, were the probable influences of That it shall either not receive their notes in pay- versify and in prosperity, has proved to be delusive
sttems upon the general currency of the ment of the public dues, or, receiving, shall fre-' and dangerous.
quently present them for conivertion into specie, or The next objection he proposed to notice was,
w proceed to answer a very few specie funds? The only difference will be that the that the operations of the bill would be to separate
Objections made to the bill, and treasury will not enter into competition with the the government from the people, and to secure a
-ible to his conclusion. The local banks in the business of banking; that it will sound currency for the public officers, and a base'
which he would notice leave that whole field to them, and merely content currency for the country.
0,ipsed by the bill was an itself with a sound currency for its transactions.- This, again, was a startling objection, andrequir-.
..institutions, calcula- How, then, is it possible that thbse who saw such ed examination. Its first assumption was, that the.
t. usefulness. This, if benign influence to the local institutions from the tendency of the measure under discussion would be











NILES' NATIONAL REGISTER-FEBRUARY 24, 1838-MR. WRIGHT'S SPEECH. 415


to separate the government of the country from the
people of the country; to elevate the former and de-
press the latter; and the second was, that the sepa-
ration would be marked by a difference in the value
of the currency to be provided for and secured to
each. Had either of these assumptions any founda-
tion in fact, or even in fair apprehension?
He had already attempted to show, and thought lheie
had succeeded in showing, that the financial sys-
tem proposed by the bill was preferable to the state
bank deposit system in the following respects,
nam-ly: in the safety it afforded to the public mo-
neys; in the expenses and risks attending its ad-
ministration; in its salutary influences upon the
banking institutions themselves; in the limitation of
patronage added to the executive branch of the
government; in the independence it secures to the
government financially, and the exemption it con-
fers from injurious imputations, and in its tendency,
to the full extent of the operations of the national
treasury, and of the exertion of all the constitution-
al power of this government, to produce and main-
tain a sound and stable currency for the whole
country. If he had succeeded in establishing these
positions, would it, could it, be said that a system
possessing such advantages was calculated to pro-
duce separation and alienation between the people
of the country and the government of their choice?
He could not believe it. "
But the objection assumed that this separation was
to grow out of the different currencies produced for
the government and the people, by tire necessary
action of the system. That the effect of the bill
would be, and was intended to be, to produce and
maintain a uniform and sound currency foi- the na-
tional treasury, and for all who might have demands
upon it, as well the officers of the government as
others, was most freely admitted. Indeed, this was
claimed as one of the principal merits of the sys-
temr. But did it follow that, because the bill had
this tendency, it would, therefore, tend to debase,
the general currency of the people? Certainly not.
No such consequence followed. 'On the contrary,
it had been already shown that, so far as it should'
exert any influence upon the general currency, that
influence must be to raise that currency to a level
with that sec o the treasury. If, then, the
people were tof base currency, they were to
have it, not in' uence of the bill, but in de-
fiance of it; to receive it, not from the
public -tre 'their own state banks; not
from the,. legislation of congress, but
from the e legislation. -Did any one
pretend th could exert an influence to de-
base any p f the currency upon which it had
no dirdet a, He.had not heard it so contended
and he felt ? that no such position-would be as-
sumed. If the currency upon which it did directly
act, and the standard of which it regulated, were'to
be base, then it might be well apprehended that its
indirect influence would be to draw down the gene-
ral currency to its level; but as the gist of the com-
plaint is, that the standard of currency it assumes
for. the government is higher than that of the gene-
ral currency, so it follows, by a parity of reasoning,
that its indirect influence must be to raise the gene-
ral currency to its standard.
In all this he was constrained most respectfully
to ask where was the ground of complaint, unless
gentlemen were ready to take the position that a
sound, uniform, and standard currency could not be
sustained in the country, and that, to avoid invidi-
ous distinctions between the government and the
people, the national legislature, possessingthe pow-
er to fix the standard of currency, should at once,
adopt a base standard, and thus conform the curren-1
cy of the treasury to that which it might be the in-
terest of the local banking institutions to maintain.-
He did not believe that any advocate for such a
doctrine was to be found here; but if such an one
should appear, he had only first to deny the position
wholly, and to assert that a sound currency could be
sustained in this country, without an infringement
upon the powers granted to congress by the consti-
tution, for the means of accomplishing the object;
and, second, if the position should be granted, to
deny the inference, and contend that it was the con-
stitutional duty of congress to keep the currency of
the national treasury up to the standard of gold and
silver, in any event.
The next and only other objection he proposed to
notice was, that the tendency of the system provid-
ed for by the bill would be to withdraw from circu-
lation and use, and to hoard in the several deposi-
tories, too great a portion of the gold and silver of
the country.
He had but a brief answer to this objection. It
never could be true at times when the revenue and
expenditures of the government were properly ad.
justed. If they were equal, as they should be, the
receipts of revenue would be taken in one hand,


and the disbursements for expenses would be made
with the other. Nothing could be hoarded but the
amount which the widely extended operations of
the treasury compelled it to keep in transitfi, and
that was just as much, and no more, hoarded than
the money of the merchant at a distant point, ei-
ther during the time -that notice of its collection
was travelling to him in the mail, or his draft for it
was passing back to the point where the money was
on deposit. This amount would vary from three
to five millions of dollars, including the amount
constantly retained in the mints in the process
of coinage; and he would repeat that, when the
revenue and expenditures should bear a just pro-
portion to each other, as they always should, no
further or more dangerous hoarding could take
place under the bill.
But suppose that a time should again come when
overtrading and speculation, in every branch of bu-
siness, should commence.the accumulation of ano-
ther surplus revenue, such as had afflicted the
country for the last few years, then for himself, he
should consider this tendency of the bill one of its
most valuable features. Let overtrading go on,
and speculation spread, and let the amounts paid
for duties and lands be collected in gold and silver,
and hoarded in the public treasury and its deposi-
tories, except so much as is wanted to meet the fair
expenditures of the government, and how far does
any man believe these deringing and injurious bu-
siness excesses would proceed? Not, Mr. presi-
dent, to the prostration of business and credit, and
the currency of the country. No, sir; the banks,
instead of promoting, would be compelled to arrest
them, and to restore business to its legitimate and
proper channels, before the country could receive a
shock, or the people injury.
It was wrong for him, however, to spend the time
of the senate in the discussion of this objection,
as it was expressly met by a provision in the bill.
He referred to the twenty-first section, which made
it the duty of the secretary of the treasury, when-
ever there should be upon deposits, to the credit of
the treasurer, a sum greater than four millions
of dollars, to dissipate the money so hoarded, by an
investment in national or state stocks. This must
relieve the apprehensions of all upon this point, as
four millions was the greatest amount which could,
at any one time, be permitted to remain in the pos-
session and keeping of all the depositaries consti-
tuted by the bill. As, however, he had discussed
the provisions of this section somewhat at length,
in the course of his remarks upon the- provisions of
the bill generally, he would omit any further re-
marks here.
He had now closed what he proposed to say,
having particular reference to the system of finance
for the national treasury, recommended by the com-
mittee, or as to the ostensible antagonist system of
state bank deposits. .
But there was a third alternative-a national
bank-which he must not omitto notice, in his ex-
tended discussion of this great subject. He was
bound, however, after having so long trespassed
upon the time of the senate, to relieve members
from the apprehension that he was now to enter
upon this interminable field of debate. No: noth.
ing in this field presented to him matter for debate.
He entertained the most firm convictions that the
constitution of the United States had conferred
upon congress no power to charter such an institu-
tion, but every argument upon that great question
had been again and again presented to congress and
the nation, in a manner much more forcible, and
from sources much more commanding, than any
thing which could be advanced by him. It was,
therefore, to him, a question not for discussion, butt
for action, and unless his present views upon it
should be radically changed, for negative action
only.
He had heard, since he had been honored with a
seat in this body, many ingenious argument in
favor of the power, but all had sought to derive it
from necessity or expediency; and it was due to
the authors of these arguments to say that, to his
mind, no very nice distinction had been preserved
between necessity and expediency. It had been
said that a uniform, currency was necessary for the
country, that such a currency could not be produ-
ced or maintained without a national bank, and
that, therefore, congress had the power to charter
such an institution. That a uniform currency was
expedient and highly desirable for our wide-spread
country, no one could doubt, but that the country
could get on very comfortably without such a cur-
rency had been proved by the actual experience of
several periods in our history. That a sound and
standard currency was necessary to the existence
of commerce, that such a currency could not be es,
tablished and sustained in our country but by con-
gressional legislation, and that, therefore, congress


had the power to create as well as to regulate such
a currency, has been contended here. No one will
be disposed to question the position that a sound
and standard c.irrency is very desirable to a com-
mercial country, but that commerce can be carried
on, to a considerable extent, without money of any
description, is a fact not to be questioned. These
instances are mentioned, not to question the expe-
dient and useful tendency of the arguments, so far
as they go to show that a uniform currency is
highly important to every civilized country, and
that a sound medium of exchange is of the first
* utility in commerce, but to question how far the
argument of necessity, in either case, can be safely
relied upon as the basis of a grant of constitutional
power, and to show that, in either argument, there is
no little difficulty in settling the dispute as to where
expediency and utility end, and necessity begins.
For himself, he repudiated all such arguments, and
all arguments of every character, founded upon
simple necessity, as establishing grants of power
under the constitution of the United States in favor
of the congress of the United States.
A single remark upon the question of chartering
a national bank, as a mere matter of expediency,
if all questions of constitutional power were out
of the way, and be would dismiss this topic. The
experience of his own time, the,late proceedings
of the late bank of the United States, had satisfied
his mind that the dangers to our political and civil
institutions, from such an organized money power,
vastly overbalance any anticipated benefits; and
that, as a simple question ol expediency, such an
institution ought not to be chartered by congress.
Neither the hour of the day, the patience of the
senate, nor his own strength, would permit him to
enter upon a fuirtherdiscussion of this point at pre-
sent; and his only purpose having been to pro-
nounce the opinion he had pronounced, he would
pass to his conclusion.
The three alternatives had been presented. The
condition of the public treasury, of the currency,
of the business of the country, and general public
expectation, demanded action from congress. The
committee of which he was a member had pre-
sented to the senate the bill upon the table, as the
action which a majority of their members proposed.
This bill was to be opposed from two sides of the
house. The friends of the state bank deposit sys-
tem, and the friends of a national bank, were alike,
and together, to be met and overcome, or the bill
could not pass.
In this condition of the question, and of the
senate, he considered it to be his indispensable duty
to present what he believed to be the real and true
issue, fairly and fully to the senate and the country.
And what was that?
In his judgment, it was the adoption of some
system based upon the principles of the bill under
discussion, or a national bank. He saw no pros-
pect of success for any middle ground. What
were the evidences of our senses upon this subject?
Look at the divisions in this body. The party
friendly to a national bank had always repudiated
the state bank deposit system, as dangerous in its
additions to executive power, as inefficient as to the
currency, and as unsafe as to the public money.
Was there any evidence that those members of that
party here had changed their opinions as to that
system? He knew of none; and were hlie to judge
from the language of that portion of the public
press which was supposed to reflect their opinions,
or from what had but recently passed here in rela-
tion to the failure of a deposit bank in Boston, he
should be compelled to say that no change in that
quarter hadtaken place. But he would appeal to
the gentlemen themselves, and ask if recent expe-
rience, as to that financial system for the national
treasury, had changed their feelings towards it?
Had endeared it to them, as one they were now de-
sirous to make their own? Are they willing to sur-
render their favorite project of a national bank for
this alternative? Will they not tell us, in frank-
ness and candor, that, with one or two solitary
exceptions perhaps, every man of them is for a
national bank, as, in their judgments, the only
effectual remedy for the financial difficulties of the
country?
If such continues to be the feeling of the party
which opposed the late administration, and equally
opposes the present, what is the condition, in this
respect, of those who have hitherto supported both?
Is there not, numerically speaking,,a very great
degree of unanimity of sentiment with them, in
favor of the bill, at least so far as a practical and
bona fide separation- from the banks is concerned?
He supposed that to be the fact, and he referred to
this division of feeling here, upon this subject,
with no pleasure. He knew and felt that those
with whom he had long, intimately, and pleasantly
associated, personally and politically, were to dit










413 NILES' NATIONAL REGISTER-FEBRUARY 24, 1838-CHRONICLE.


fer with him upon this measure. He regret.
ted the difference as much as any one of them could
He entertained no unkindness of feeling toward;
them on account of this difference of opinion upor
a particular bill? He. yielded to them all the sin.
cerity of convictions' of public duty which hf
claimed for himself; and he assured them, one anc
all, that no remark which he had made, or wa,
about to make, had been or should be, on his part
intended to.wound their feelings, or censure theib
course. They, like himself, were responsible tc
their constituents and the country for their act!
here; arid he did not entertain a doubt that tha
accountability would be discharged by them accord
ing to their most firm convictions of right.
Yet he must appeal to them to say if they did no
believe the public opinion of thecountry was ver)
justly reflected in the two houses of congress upor
the three alternative propositions he had-discussedi
If they had seen any evidence, from recent political
results any where, to authorize the belief .that the
state bank system of deposits, to which they still
adhered, was gaining favor in any quarter? If they
did not perceive that the two other systems were
dividing the great mass of the public mind of the
whole country? If they did not feel, in the recent
history and present condition of the state banks,
that public confidence could not again be restored
to that system ofidepositesby legislative enactments?
If they did not fear that, in assuming the positions
they were compelledto assume, banks were neces-
sary to the successful and proper administration of
the finances of the federal government: that it is
within the power, and is, in some sort, and to some
extent, the duty of this government to regulate the
whole currency of the country; that the regulation
of exchanges, too, if not directly, was incidentally
a matter for which the government should be held
responsible; and that the custody and safe-keeping
of-the public treasure should be committed to banks,
and not to the constituted authorities of the go-
vernment, did they not fear, he would repeat, that,
in assuming these positions, they were merely aid-
ing and strengthening the friends of a national
bank? That they were furnishing what might be
considered as evidence to those who could listen to
such an argument, to prove that a national bank
was necessary under our system? He did not put
these inquiries from any thing which had been ad-
vanced here, but they were suggested from the
course of argument which he saw constantly used
in the public press and elsewhere, to sustain the
ground which these friends had assumed, and he
must say that it seemed to him like yielding the
whole field to the advocates of a national bank;
that it was making such an institution, and some
system founded upon the principles of the bill un-
der discussion, the real alternatives before the
country, and bringing the contest, if not here, else-
where, :.. th:lt I; ,.
He was sorry to have detained the senate so long,
and, as the best atonement he could make, he
would resume his seat, and trouble them no further.

CHRONICLE.
The late cashier of the Lumbermen's bank has
published a notice, in which he gives it as his deli-
berate opinion, that its issues willbe eventually ab-
sorbed by debts due the institution, and otherwise
redeemed. He hopes that holders of the notes will'
make no unnecessary sacrifice to individuals who
may stand ready to seize advantage of reports un-
favorable to the bank to induce unwarrantable ap-
prehensions, in view of private gains, at the ex-
pense of the' honest laborer, the widow and the or-
phan.
Operations ofthe mint. The directorof the mint
has made his annual report to congress, which
shows that the coinage for 1837, was:
In gold, $1,035,910, in hill.,'s.i .
Do. 112,700, in.quarter-eagles.
In silver, $1',814,910, in half-dollars.
Do. 61,1 t1d, in .,lirter di.llarr .
Do. 104''r,, I. i n rl. '
Do. 113,800, in five cents.
In Copper, 55,583, in cents.

Total.. $3,299,898
The whole amount of coinage which has taken
lacee since the establishment of the mint mi 17.13J,
id, $23,250,340
"'.r 48,830,192
795,915

$72,881,448
-lcs.-The commissioners ap-
"to the state of those institu-
r-.report; from which it ap-
--favor of the West Feli-


- ciana rail road and banking company, after dis-
. charging all liabilities, including capital stock,
s is $24,023 78
i Do. do. of the commercial bank of
Natchez, 206,80694
"the commercial bank of Rodney, 19,791 01
d "grand gulf rail road and banking
s company, 18,197 03
, "commercial bank of Manchester, 32,633 64
r "commercial bank of Columbus, 45,114 19
"Tombigby rail road & banking co. 2,403 67
s "Mississippi rail road & banking co. 116,668 06
t citizens of Madison co. 1 5,055 07
Several of the Mississippi banks would not per-
mit the commissioners to make an examination of
t their fiscal affairs, some of them, giving as a reason
* for such refusal, that they doubted the constitu-
i tionality of the legislature, from which they (the
? commissioners) derived their powers. The com-
I missioners-pronounce those banks which submitted
! to the scrutiny, to be in "a much sounder state as
I regards ultimate ability to fulfil engagements than
was generally believed at the time they first en-
tered on the performance of their duty." /
We copy the following comparative-statement of
importations from Great Britain into-the United
States, for the month of October, 1836 and 1837.
It shows a great falling off for 1837.
[Philadelphia InAquirer.
1836. 1837.
Bar iron, tons. 1489 181
Hoop do. 89 20
Pig do. 788 188
Sheet do. 457 161
Hardware.& hollow ware, 65,553 11,210
Rail road iron, tons, 1659 65
Linen-packages, 2792 262
Cottons, do. 2228 344
Coal tons, 3050 1341
Carpeting-bales 167 8
Maine state prison. The number of prisoners in
the state prison at Thomaston is 77. One of the
principal branches of labor is the manufacture of
time; about 1200 casks a month are made. All
the labor, including the manufacture of the casks,
is performed by the convicts, assisted only by an
overseer in each department.
New Orleans has exported to Europe this season
sixty thousand more bales of cotton than were
shipped last season previous to February 10.
She has-received this season 139,234 barrels of
flour, against 81,847 barrels, same time the season
before this.
She had in port, on saturday, 10th inst. 230 ves-
sels; same time last season, 268.
Number of deaths in New York.-During 1837,
8732, viz. 1941 men, 1630 women, 2768 boys,
2889 girls. Greatest number of deaths was in Au-
gust, 965; next in March, 848. Least number in
November, 561, next in December, 570. Of the
whole number 1946 were one year old or under;
15 between 90 and 100, and one'over 100. Of the
diseases 1459 were of consumption, 50 of delirium
tremens, 42 by suicide, 49 burned or scalded, small
pox, 164. Of-the deaths 6640 were natives, Ire-
land 1206.
Education in Ohio.-A tabularstatement append-
ed to the superintendent's report, shows that, for the
year ending October 23, 1837, Ohio had in opera-
tion 4,336 public common schools, and 2,175 pri-
vate, and that the former were attended by 107,845
scholars, and the latter by 42,557. That the num-
ber of their school-houses is 4,378, and their value
is estimated at $513,973.
Printer's Devils.-In our collection of liter.
ary'antiquities, we have preserved two accounts
of the origin of this tale. One of them says there
was one Monsieur Deville or D'ville, whlo came
over with William the conqueror, in company-with t
De Laune, De Vac, De Val, De Ashwood, De.
Utfine, D'Ulmpding, Kce.-A descendant of this
Monsieur Deville, in the direct line, was taken by
the famous Caxton, in 1471; who, proving very
expert, became afterwards his apprentice, and in
time, an eminent printer: from him the orders of
printer's Devilles or devils, took their names.-The
-other account says, if they took it from infernal
.I'.l., it was not because they were messengers r
frequently sent in darkness, "and appearing as e
scoffers would suggest; but upon a very reputable
account: fbr John Fust, or Faustus, of Mentz, in r
Germany, was the first inventor of the art of print- t
ing, which art so surprised the world that they
thought him a conjurer, and called him doctor
Faustus, and his art the black art. As he kept a e
constant succession of hoys to run errands, who s
were always very black, these werecalled devils; c
some of whom being raised to be his apprentices, D
END OF VOLUME FIFTY-THREE.


and afterwards raising themselves in the world, he
was very properly said to have raised many a
devil.
E. Miller, inspector of flour for the city of Al-
bany, reports that he has inspected within the past
year, 82,495 bbls. 2011 half bbls. 146 two bbl. casks
wheat flour; 85 bbls. and 97 half bbls. buckwheat
flour.-Value $766,319.'
The results of steam.. The Louisville Price Cur-
rent. furnishes us with the following example of the
advantages of the application of steam to water
navigation.
"The legislature of Virginia established the town
of Louisville in 1788, but it made but little progress
in commerce or population till after the introdue-
tion of steam navigation, in 1812,
In 1800 the population was 600
1820 4,012
1829 10,3366
It is now. in Is r eslmmaled to be 30,000
In 1829 tle nuim,,u coiimrc i."ial and tradingtrans-
actions were ascertained to amount-to upwards of
fifteen millions of dollars-they may confidently be
put down, pt: at ihnce. tiin,. that sum."
Indiana.- A '-il h.'m I.;asi.I both houses of the
general ,a- ..b ,l. mi.i,g professional gambling, or
the kee. i:.l ', i.:.i .. a gambling bank or table
a penitentiary ouffene ', '
The joint resolution, (which was published in
the journal of the 2d inst.) .l,i :li ir.g that the re-
cent suspension of specie payment by the state
bank of Indiana was justifiable and necessary, and
requiring her to resume the redemption of tier bills
within thirty days after a general resumption in
the Atlantic cities and simultaneously with the
banks of Ohio and Kentucky, passed the house of
representatives on last Tuesday by a vote of 62 to
35. This resolution had formerly passed the sen-
ate by a large majority. It passed the house with
an immaterial amendment.-Indiana Journal, Feb.
10.
S'..:pm ,,a.0'. -The gentlemen connected with
the &_...:., i, t.:ri-, house, have presented Mr. Hen-
shaw, the late collector, with a magnificent silver
pitcher and stand, as a token of their esteem.
Fire at West Point. The follow tter, receiv-
ed from a friend by mail this n details the
particulars of a fire in the en academy,.
West Point, yesterday morni near de-
stroying the chemical and appara-
tus.-N. I. Post.
"WEsT PoNT, ning.
"Smx: About two o'clockthis- alarm
of fire was given at the cadet's bar roved
to be in the engineering academy, w tuated
about fifty feet directly west from the south bar-
rack." It contained the models, etc. belonging to
the engineering department, the post adjutant's
office, in which were lodged the records of the aca-
demy, the academic library, and the chemical and
philosophical apparatus.
"The property in the engineering academy and
adjutant's office (which is over it) is entirely lost.
The library and chemical and philosophical appa-
ratus, each very valuable, were saved, but with
some injury,
"The fire is supposed to have caught from a
stove in the room where it was discovered. It had
made such progress when the alarm was given,
that it was found impossible to stop it. It was so
much checked, however, by the "military" pre-
sent, that time enough was gained to remove the
extremely valuable- apparatus and other property
in the west end of the building."
John B. Norris, of Mobile, Thomas Owen, of

Tuscaloosa, and Thomas Brandon, of Huntsville,
have been appointed by the governor of Alabama,
coinmmissidhners to examine the state bank and its
branches, under a law passed at the late session of
:he legislature.
Nolice to claimants in whose fiivor awards have
been rendered under the convention wi/th Spain.
Treasury Department, February 13, 1838.
The sum of,$60,671 92 having been received and
paid into the treasury on account of the Suanish in-
lemnity, notice is hereby given to the claimants, in
whose favor awards have been made by the coinm-
nissioner appointed under the act for carrying into
effect that convention, that on application to
his department, those entitled will receive their
espective proportions ofthe above amount now in
he treasury. LEVI WOODBURY,
Secretary of the treasury.
Ohio. A report and resolution have been adopt.
d by the legislature of this state, now in session,
olemnly protesting, in the name and on the behalf
'f h.- I e:.rl- of the state of Ohio, against tile an-
nexation of Texas to these United States.