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MARCH 5, 1834.]

Sundry Memorials, &c.

[H. OF R.

WEDNESDAY, MARCH 5.

they have received their commutation certificates. Here, sir, is the form of a declaration, prepared at the Treasury Department, which applicants for the benefits of the act

his seat.

Mr. EWING moved to suspend the rule, in order to proceed in the call of the States for petitions; but with

drew it.

LEVI LINCOLN, member elect from Massachusetts, of 1828 are requested to sign. It runs thus: "For the coming to fill the vacancy caused by the resignation of purpose of obtaining the benefits of an art entitled An JOHN DAVIS, resigned, appeared, was sworn, and took act for the relief of certain surviving officers and soldiers of the army of the revolution,' approved May 15, 1828, 1, &c., do hereby declare that I was an officer of the continental line of the army of the revolution, and served as such, (here insert 'to the end of the war,' or as the case may be,) to the time when the arrangement of the army, provided by the resolves of Congress of the 3d and 21st Mr. GORHAM asked whether the Virginia resolutions of October, 1780, was carried into effect, and that I was would not have the preference, in case the motion prereduced under that arrangement; and I also declare that I afterwards received certificates, commonly called comThe CHAIR replied, Yes, unless those resolutions mutation certificates, for a sum equal to the amount of were postponed. five years' full pay, which sum was offered by the resolves Mr. J. Q. ADAMS moved to amend the motion to susof Congress of the 22d of March, 1783, instead of the pend, by adding the words "for the purpose of receivhalf pay for life to which I was entitled under the resolveing petitions and memorials, with the exception of the of the 21st of October, 1780." Can any thing, Mr. Virginia resolutions."

Mr. VANCE renewed the motion, and called for the yeas and nays upon it; which were ordered.

vailed?

Speaker, be more clear, positive, and decisive? Thus After some conversation on the question of order, the the Treasury Department has acted and continued to act. CHAIR suggested that the member from Virginia, who And what has been the course of Congress? Does its was entitled to the floor, might obviate the difficulty by action show in what light the case has been received? yielding the floor till Monday.

Most distinctly. At one session it passes an act to give to

Mr. GHOLSON said he was not disposed to speak to

Job I. Jacobs the benefits of the act of 1828, and at an- an unwilling audience; and if the House wished to pass other session it passes an act giving him his commutation. over the Virginia resolutions for the present, he would At one session it gives to Ephraim Whitaker the benefits yield the floor for that purpose, with the understanding of the act of 1828, and at another it gives him commuta- that he should proceed in his remarks when the call of tion. Do gentlemen, can gentlemen, desire any thing the States was concluded.

more? If the gentleman from New York will be candid, Mr. WAYNE made some remarks in reference to the he will admit that he was under wrong impressions. Upon impropriety of allowing so wide a range of discussion upthe last case, the case of Whitaker, he has himself acted on the presentation of petitions, memorials, &c.

but a few weeks since; he approved of it, because, though The SPEAKER replied, that the Chair had endeavorhe may not have voted, silence here gives consent. In ed to restrict the discussions within the rule, but that cases of this kind, there is in fact no excuse. Let no man he had been repeatedly overruled by the House. He did complain that a bill passes sub silentio, as the gentleman not consider that the Chair was responsible for the course has said. When bills of this description are reported to which the House had determined to take. the House, they are invariably accompanied by a report, The question being taken upon the motion to suspend detailing the facts of the case and the evidence by which the rule, it was determined in the affirmative; yeas 155, it is supported. This report is laid upon the desks of nays 54. members; if they do not choose to read it, if they do not Mr. GHOLSON then waived his right to the floor till chose to be in their places when the bill is considered in Monday next. the Committee of the Whole, if they do not at the proper time make objections, are they entitled afterwards to complain of a bill passing sub silentio; or is it expected that Mr. WILSON presented a memorial from the town of committees shall themselves raise objections to their own Wheeling, Virginia, subscribed by about 500 of the citibills and reports, and thus call upon gentlemen to deliver zens of that town, comprising much of the wealth, respeeches where they are deemed unnecessary by the com-spectability, and business class of that community; also, a petition from the neighborhood of Wheeling, in Ohio

mittee?

WHEELING (Va.) MEMORIAL.

But, Mr. Speaker, I will not myself take up the time county, Virginia, subscribed by more than 100 persons; of the House unnecessarily. If ever justice and expe- both complaining of the existing pressure among all dency required the passage of any law, I will venture to classes of the community, and praying Congress to afassert that it is the passage of this. Sir, I have waded ford relief, by restoring the public deposites, and recharin these claims for three years, and I make the assertion tering the present, or chartering a new Bank of the United after a full examination. The passage of the law on your States, with proper modifications.

table, I repeat it, will save the time of the House and Mr. W. observed, that he had desired to present the money of the treasury; it will render the rejection of his views concisely in relation to the subject embrac unjust claims nearly certain, and accelerate the settlement ed in these petitions; but, as the rules of this House of just claims of this description, and of all others left for had been suspended for the purpose of presenting pethe decision of Congress. It will insure the same mea- titions, with the understanding that no discussion would sure of justice to one citizen which another has received, ensue, he would not violate that understanding, but preand will, by speedy, exact, and equal justice, go far to sent them, merely observing that he could vouch for the satisfy all parties. truth of the facts contained in those memorials, as coming He asked from men of high respectability and worth. that the memorials may be read, and, for the present, laid on the table; and that direction given to them which may hereafter be given to the report of the Finance Committee, and that they be printed; which was agreed

With these few observations, I cheerfully leave the fate of the bill to the good sense, the justice, and experience of the House. Its decision, after hearing some my colleagues of the Committee on Revolutionary Claims, will no doubt be a correct one.

of

Mr. BROWN then rose, and intimated an intention to speak upon the subject; but, as the usual hour of adjournment had arrived, he moved that the House adjours. The motion prevailed, and the House adjourned.

to.

AUGUSTA (Ga.) MEMORIAL.

Mr. WILDE said he had been requested to present the memorial of upwards of four hundred of the inhabitants

H. OF R.]

Sundry Memorials, &c.

[MARCH 5, 1834.

of the city of Augusta and its vicinity, praying that the gentleman who had transmitted the memorial to him-the former relations between the Government of the United chairman of the committee appointed for that purpose: States and the Bank of the United States might be re- "Depend upon it, sir, the war of our National Governstored; the engagements of the Government with the ment against our National Bank is carried on at the exbank, in relation to the safe-keeping of the public funds, pense of millions to the people." fulfilled; and the bank itself rechartered, or a substitute provided.

Mr. WAYNE said that he rose not to complain of the remarks which had fallen from his colleague; all that he had stated was, no doubt, perfectly correct; and the manner in which he had presented the memorial was perfectly decorous and unexceptionable. But, as this was probably the first in a series of petitions from his own State, and as he understood that the whole delegation He asked, however, to be permitted to state, that the were to be furnished with copies, he thought it right to city of Augusta, situated on the right bank of the Savan- express at once his conviction that it would be wholly out nal river, at the head of steamboat navigation, is one of of his power to contribute any aid towards effecting the the most commercial inland towns in the Union. Its object here prayed for. From numerous letters received population is probably not more that seven thousand, but from all parts of the State, as well as from the aspect of the value of the cotton brought to that market, for seve- the papers published there, he was led to believe that ral years back, had not fallen short of five millions of dol- the sentiments expressed in this petition were far from lars annually, or about one-twelfth part of the whole do- being those of a majority of the citizens of Georgia. The mestic exports of the United States. The quantity dur- memorialists, no doubt very honestly, expressed their ing the present year is estimated, upon good authority, own views and opinions; but he fully expected that, bein a recent memorial to the General Post Office Depart- fore many days, the House would see memorials from this ment, at one hundred and eighty thousand bales; and the very city of Augusta, the number of the signers to which value thereof, and of the return cargoes of merchandise, would convince gentlemen that this paper did not exat fifteen millions of dollars. press the opinion of a majority of the citizens of that The memorialists being his immediate townsmen, and place. As it would be contrary to the general undermost of them personal acquaintances, it became him to standing under which the rules had been suspended to say a word or two respecting them. Among the signers enter into any debate, he should content himself with of this memorial were to be found merchants of high this declaration of what his own opinion was, and what character for intelligence and probity; respectable plant- his course would be. He desired that those, of whom his ers, lawyers, and physicians; and honest, industrious, colleague and himself were in common the Representand sagacious mechanics. atives, should at once be fully apprized of where he stood.

Mr. W. said, as the rule confining the presentation of petitions to Monday had been suspended under an implied understanding that no discussion should take place, he would confine himself, as strictly as possible, to a statement of the contents of the memorial.

None of them were capable of attempting to deceive others, or likely to be themselves deceived, concerning, the effect of the recent measures of the Executive on the trade and currency of the country.

The first name upon the list is that of the mayor of the city; a gentleman universally esteemed and beloved; a citizen of whose public spirit, enterprise, integrity, and benevolence any country might well be proud. The chairman of the public meeting which led to the memorial is a distinguished advocate, at the head of his profession in that place, often elevated by the voice of his fellow-citizens to posts of trust and honor, and bearing high military commission during the late war.

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The memorial, on the motion of Mr. WILDE, was then read, and ordered to be printed, and the further consideration of it postponed until that day week, when the report of the Committee of Ways and Means comes up.

LOUISVILLE (KENTUCKY) MEMORIAL.

Mr. POPE presented two memorials, signed by up wards of a thousand inhabitants of Louisville, in the State of Kentucky, complaining of great pecuniary distress and commercial embarrassment, ascribing it to the removal of the deposites, and praying Congress to adopt such meas ures of relief as its wisdom might suggest; and, also, to pass an act rechartering the Bank of the United States, with modifications.

By far the larger number of the memorialists were, he believed, what is called "Union men." They were of that party in the State most opposed to "nullification,' Mr. P. observed that he recognised among the signa and heretofore supporting, with the greatest zeal, the tures to the memorial the names of many active, industrimeasures of the President. But the meeting had been ous, enterprising, and highly intelligent merchants, mecalled, and the memorial was framed and signed, with- chanics, manufacturers, and professional gentlemen of out reference to party distinctions; and he found the Louisville-gentlemen whose opinions were entitled to signatures of some gentlemen of different political prin- great respect and consideration, either in Congress or ciples. elsewhere; and to whose better judgments he would wil

He hazarded nothing, however, in saying, with respect lingly defer on any occasion, if the act did not, in his own to all, that a more independent, honorable, and enlight- opinion, involve the sacrifice of vital interests. He moved ened body of memorialists was not to be found among that the memorials be read, laid upon the table, and any equal number of citizens who had ever brought their printed. Agreed to. grievances to the knowledge of that House.

Few or none of them could be considered political agitators; and the greater part seldom interested themselves in public affairs, beyond the performance of those duties incumbent on all good citizens.

to

PROCEEDINGS AT MADISON, INDIANA. Mr. CARR rose to present certain proceedings. He remarked that he held in his hand the proceedings of a meeting holden in the town of Madison, in the State of The language of their memorial is temperate and re- Indiana, on the 7th of February, 1834, in pursuance spectful. It exhibits the deliberate opinions of freemen, previous notice given, for the purpose of taking into conexpressed plainly and briefly, but with dignity and cour-sideration the embarrassed state of the country, and the tesy. It contains no phrase which Americans of the derangement of the currency. most scrupulous delicacy need hesitate to use, when Mr. C. remarked that he had not been furnished with speaking of their public agents, their institutions, or fellow-citizens.

He could not better sum up the conviction they expressed than in the brief and energetic language of the

a copy of these proceedings in the usual manner in which proceedings of the like kind are generally received; that they had been sent to him by the persons who acted as secretaries to said meeting, in a newspaper published in the

MARCH 5, 1834.]

New Bedford Memorial.

[H. OF R.

town of Madison, and enclosed to him, with a letter from ration and sale of the oil require another year. Thus the same gentlemen; that he had not been requested four years must elapse, after the ship is fitted out and by any person who attended the meeting to present these prepared and sent to sea, before the profit or income of proceedings to the House, nor did he know that it was the voyage can be realized. the wish of the meeting that he should do so; that he had The memorialists observe "that, from the precarious not been informed as to the extent of the meeting, nor and tardy manner in which the products of their industry the number who were in attendance; but he was acquainted are realized, they quickly feel any sudden and unexpected with the gentlemen who acted as officers to said meeting, derangement of the currency, and that all who are enas also those who composed the committee, whose duty gaged in the same pursuit must be similarly situated; that it was made to draught the proceedings; and he knew them ten thousand seamen employed in this fishery, besides vast all to be highly respectable individuals. Their names numbers of mechanics, laborers, and traders connected were with the proceedings, and none others. Mr. C. felt with it, are dependent upon the slow moving operation of it to be his duty, under all the circumstances, to ask leave their particular trade.” of the House to present these proceedings.

This memorial, in fact, presents to this House the valuLeave being granted by the House, they were, upon able and important national interest of the whale fishery, the motion of Mr. C., read, and ordered to be printed; and In this fishery, owners, masters, and seamen, are all partthe same direction was given them that was given to pro-ners; and by their admirable arrangement, skill, industry, ceedings of the like character from other States.

NEW BEDFORD MEMORIAL.

and daring intrepidity, they have surpassed all other nations, and have been eminently successful. They have been successful under the general protection of our GovMr. REED said he had been requested to present the ernment, but have received no extraordinary aid. Not so memorial of the citizens of the collection district of New with European nations; they have given great encourageBedford, in the State of Massachusetts. This memorial ment by direct bounties and duties. Now the prospect is, (said Mr. R.) is signed by one thousand nine hundred and that not only the owner of these ships, but the ten thoutwenty-two citizens, living in New Bedford, Fair Haven, sand seamen, partners in the business, after the expiration Wareham, Rochester, and Dartmouth. It had been signed of the three years' voyage, when they return, must go to by almost all the citizens of those towns who were at their families pennyless: I fear they may not have a dollar home, and who had an opportunity; perhaps twenty have to receive. This memorial presents to the consideration declined. But it cannot be pretended that there is any of this House the vast national importance of the whale dispute or division of opinion upon the subject. They fishery. It affords light and comfort-it affords encourwill send no counter-memorial here, for party and politi-agement and profit to those who furnish the timber for the cal dissensions are suppressed and forgotten in the gene-ships, from one end of the United States to the other-to ral and deep distress which pervades that part of the numerous mechanics and ship-builders-to the farmer and country. All unite in the desire to present to the Gov-planter, who furnish provisions and supplies. The capiernment of their country their true situation, and, if pos- tal employed is great, and in every view the national intersible, to persuade the Government to change its present est is great. But the main and principal national benefit ruinous policy, and thereby relieve all from present and is preparation for national defence. By means of this future embarrassment and distress. fishery, we have an army of seamen trained and rendered In presenting this memorial, I hesitate not to declare most skilful and daring for our defence. They cost no(said Mr. R.) that the signers are as intelligent, honorable, industrious, enterprising, and useful citizens as can be found in any other part of the country, and have a just claim to the regard and consideration of this House.

[Here the SPEAKER interposed, and said the gentleman from Massachusetts must confine himself strictly to the rule, and briefly state the substance of the memorial.]

thing in time of peace. In case of war, they are ready and able to defend their country; and no signal victory, on the ocean or lakes, has or ever will be gained without their

efficient aid.

These memorialists state that they have met with severe disasters in the prosecution of their legitimate business. They candidly admit that a part of their sufferings is owing Mr. R. proceeded: I am fully aware that the privilege to over-trading and speculation; and, standing here as of presenting memorials this day is, in some measure, a their representative, I do not desire to pass over that adfavor, and I shall not abuse that privilege. I do not pur- mission unnoticed. I wish to put this House in possession, pose to pursue the course which has prevailed of late in not only of the truth, but the whole truth, touching this this House; but the memorial which I hold in my hand is subject. But they insist that the distressing calamity they an unusual and extraordinary one for the part of the now suffer is mainly owing to the pressure and panic concountry from whence it comes. No memorial containing sequent upon the removal of the public deposites. They that number of names, or any thing like it, was ever pre-aver that no caution, no activity, no foresight, could have sented to Congress from that place at any former period. averted the blow. It came upon them like a tornado, and It shows a state of feeling, suffering, and excitement very they had no warning to reef or furl their sails, and many unusual, and I am sure this House cannot be unwilling to must be more or less torn and shattered, and not a few know the fact and its cause. utterly shipwrecked.

I beg (said Mr. R.) to call the particular attention of The memorialists believe their distress has arisen from this House to some important facts and arguments in this the withdrawal of the deposites, and other measures of memorial. They state that the collection district of New the Executive in relation to the Bank of the United Bedford is the fourth district in the United States as to States. By withdrawing the deposites, the Bank of the its navigation and tonnage. This fact deserves some con- United States was compelled to curtail its discounts and sideration: it shows that it is a place of activity, enterprise, reduce its paper in circulation. But here it is worthy of business, and consequence. Their shipping amounts, I particular notice, that State banks have been compelled think, to more than seventy thousand tons. They are to reduce their discounts and money in circulation, by principally engaged in the whale fishery, and have now still more severe restrictions; for the plain reason, that in that employment one hundred and twenty ships, and they had less specie in their vaults, in proportion to their twenty-three vessels of less dimensions. These ships paper in circulation, than the Bank of the United States. amount to more than one-third, and almost one-half of the It is well known that there is no branch of the United whale fishery of the United States. This fishery is carried States Bank in New Bedford.

on principally in the Pacific Ocean, and three years may New Bedford has four banks, whose capital, united, be fairly estimated as the period of a voyage; the prepa-amounts to

VOL. X.-182

$1,300,000

H. OF R.]

In October last, they had in circulation,
They have now only

Which shows a reduction of

The Public Deposites.

[MARCH 6, 1834

$260,000 ly owing to a general panic and want of confidence. 147,000 Surely, then, they can have no motive or desire to exaggerate their distress; for by so doing they must be likely $113,000 to excite further alarm, and thereby increase the very calamity of which they complain.

If the other banks in Massachusetts have made similar curtailment in their issues, it will amount to no less than $3,430,000. If the reduction has not been in the same proportion in other parts of the country, it has, and must continue to be, very great, sudden, and unlooked for, insomuch that thousands and thousands of solvent debtors will be overwhelmed and ruined.

Sir, this memorial contains statements of facts and arguments, presented plainly and forcibly, by wise and practical men, well deserving the grave consideration of this House. They are anxious to sustain the currency of the country upon the basis of specie; but they view the attempt, or experiment, of returning to a hard money currency, as idle, impracticable, and injurious.

The memorialists state that the present system of currency, adopted by the most civilized nations, is the very life-blood of commerce; that the policy of the rest of the world is settled, and we have no power to resist it; and to attempt to establish a specie currency, must be a use

These memorialists, apprehending that the policy indicated by the Executive may for a season be supported, feel the more anxious to present their memorial to the attention of this House, because in the future they fear still deeper distress instead of relief. If the restoration of the deposites might afford relief for a season, as I be- less, vexatious, and ruinous experiment. lieve it would, they look still beyond that period-they I have felt fully justified, indeed I have felt impelled call the attention of this House to permanent relief. They by a sense of duty, to submit the above considerations to I now move that this memorial believe, and present the most cogent and forcible facts and the notice of this House. arguments, drawn from experience, to prove that perma- may be read by the Clerk, printed, and laid upon the nent relief can be afforded only by a Bank of the United table. States. They desire that the present Bank of the United States may be rechartered, or that a new bank may be established and chartered to take its place.

They observe, that they believe past experience, as well as present necessity, demands a recharter of the pres ent Bank of the United States, or a bank of somewhat similar organization. "Twice has this country felt the full weight of calamities incident to a depreciated and unregulated paper currency; and twice has a national bank restored credit and security and prosperity to the country."

The memorialists have an extensive commerce, not only with foreign countries, but with all parts of the United States. The question must be asked again and again,

Agreed to.

Numerous other memorials were presented to-day, the call having been made on all the States; after which, The House adjourned.

THURSDAY, MARCH 6.

PUBLIC DEPOSITES.

The resolution of Mr. MARDIS, on the subject of the deposites, coming up once more

Mr. CLOWNEY, of South Carolina, resumed and concluded his remarks in opposition to the resolution; as given entire in preceding pages.

Mr. CLAYTON, of Georgia, then rose and addressed the Chair as follows:

how can the vast commerce of hundreds of millions annually, so profitable and so useful to all parts of the United States, be successfully prosecuted without a sound Mr. Speaker: If at an early period of this question, preand stable currency? What power have we over the cursented now in a new shape, the rules of the House had rency of the country? What shall be the future standard? permitted me to have succinctly explained the reasons What the weight? What the measure? What the value for my present position, I should not now have drawn upof property? Can we control the money and currency of on a patience which seems to be entirely exhausted. the country but by the power and instrumentality of a it will be recollected I promised such explanation; and, Bank of the United States? although it might be cheerfully excused here, yet elseNo one pretends to call in question the constitutional where it may have excited expectations that will not right of each State in the Union to charter as many yield a similar indulgence.

no control.

and considered.

But

banks as it may choose, and under such regulations and I shall consider this question what it really is, one exrestrictions as it may think fit. Thus we have twenty-clusively of power. My views shall be directed to that four States, with hundreds of banks, and hundreds of mil-point chiefly; and I shall leave the suggestion, that it inlions of bank bills now in circulation, over which we have volves the recharter of the bank, with but a few pas If there be any other mode of regulating sing remarks to those who have more alarms on that subthe currency of the country, except by a Bank of the ject than I either feel or foresee. United States, let it be presented; let it be examined Before I proceed farther, I must pay my respects to the gentleman from Alabama, [Mr. MARDIS,] as he made The memorialists desire a Bank of the United States, to me the subject principally of his speech. And, first, if collect and distribute the national revenue, as the only it is a matter of so much concern to him to see the course safe depository of the public funds. Of more than four I am taking, what am I to think of his? If the adminis hundred millions collected and distributed by that bank, tration have done nothing wrong, if they had a right to not a dollar has been lost. But we have lost, by a short take the public funds from the Bank of the United States, experiment with State banks, from one to two millions of and place them, by contract, in the State banks, wheredollars; with interest, it would now amount to more than fore the necessity of his proposition to legislate upon the four millions, called, in our Treasury reports, unavailable subject, and to provide a new place of deposite? funds; but, in reality, State bank bills or notes good for contends that this was done by virtue of a lawful power nothing. in the President, and yet is afraid to trust its further ex

He

Mr. Speaker, the memorialists are wise and practical ercise in that quarter. If it is his right, it cannot belong men, and prefer, in money concerns, and in those mea- to Congress, and we shall be impertinently intermedsures which affect the currency of the country, experi-dling with the rights of the Executive. Persons, when ence to experiment. They express an apprehension they speak in one place to be heard in another, are quite that the evil of which they complain will be extended to apt to overlook the very inconsistency in themselves all parts of the country, and greatly aggravate the pre- which they think they see in others. Now, sir, for my sent calamity. They urge that their sufferings are main-part, I would want no better proof of the illegality of a

MARCH 6, 1834.]

The Public Deposites.

[H. or R.

measure, than that it needs to be afterwards legalized; whenever the Secretary of the Treasury might think and if its consequences must be bolstered up by a law, it proper, in places less responsible and more unsafe! No, follows pretty clearly, as we say in another place, that sir, I must protest against such a construction. All that it is wrong from the beginning." could possibly be claimed from me, under that vote,

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But, says the gentleman, he cannot understand my would be to vote for a withdrawal of the deposites, if the course. Perhaps he does not wish to do it; he has an ob-question could legitimately come before me as a member ject that might be defeated by it. There are some de-of Congress; but I beg to be exonerated from suffering it baters who, failing to convince by reasoning, have done to let any other person do it contrary to law, and then wonders at insinuation; and find that it answers fully as bind me to justify the act. The President himself has well for obtaining favor as those of fair augument. changed his opinions on this point; at the last session he suggested to Congress that the deposites were unsafe, and yet, when he removed them, he abandoned that idea altogether, and said the bank was too strong; and now his friends modestly call upon me to sustain him upon a ground which he, himself, believed to be unfounded! This is the shape of the argument: the President says to me, I removed the deposites in October last, believing them to be perfectly safe; but you thought they were unI must first take notice of one of his remarks. He safe a year ago, therefore, you ought not to rely on my says, after I had succeeded in obtaining two verdicts judgment, but vote against their restoration. If he puts against the bank, I now wanted to enter a nolle prosequi; it upon my superior sagacity, I know not how far such a this, he adds, might be the fashion of the country where compliment may carry me; but if he requires it of my live, but it was not so in his. To this I have two an-subserviency, I must beg to refer him to some more pliswers, and the gentleman is welcome to take his choice. ant tool.

Sir, I suspect the motives or discernment (I care not which) of any man who 'says there is no difference between restoring the deposites and rechartering the bank; and as I am asked to reconcile my contemplated vote with the views of my report, I hope to be able to do it, even to the understanding of the gentleman himself, as much astonishment (to give it no worse name) as he feels, or affects, on the subject.

I

In the country where I live, whenever an honest solicitor It was never my intention to injure the present bank, finds his prosecution malicious, that the prosecutor is or to destroy its existing rights, merely for those objects. using the court as an instrument to accomplish a selfish could have no such inducement. My whole purpose object for himself or his friends, that his purposes are was to prevent its re-establishment, upon principle, and "unjust, arbitrary, and vindictive;" and, further, that under the firm conviction that it was not authorized by he suborns his witnesses to effect his designs, he does en- the constitution. In the attempt, however, to accomplish ter a nolle prosequi. this object, I was not unaware that injury might be inflicted upon that institution; but it was a consequence not desired, following the exercise of a duty which I considered imperative.

Now, sir, it may be different in the gentleman's country; it may be a custom there, that the worse the case, on the part of the State, like the deposites, the harder they hold on to it; if so, I envy them no such principles. For myself, I had rather actually be inconsistent, than even to appear unjust: and I leave those who choose the latter to the full, uncoveted enjoyment of their preference.

In the peculiar situation in which I find myself, it is fortunate for me I have the evidence, the recorded evidence, of the truth of my statement.

In the investigation which was made by a committee of The second answer is contained in an anecdote, which this House two years ago, I find these remarks at the very is located in the gentleman's own State, and is as follows: commencement of its report. They say: "They believe A certain individual was indicted for the crime of murder; that as the House wished information more for the purand the jury, after being out all night and half of the pose of enlightening their minds and assisting their judg next day, brought in their verdict that the man was not ments as to the expediency of again renewing the charguilty of murder, but of shop lifting. The court inform-ter, than to abridge it of the small remnant of time left ed the jury that that was impossible; they must retire to for its operation, a liberal construction of the resolution their room and reconsider the case; whereupon they would not be deemed a departure from their trust.” were sent back, and, after remaining the balance of that day and the whole of the ensuing night, they returned their verdict into the court, stating that if the man was not guilty of shop-lifting, he certainly was of sheep-stealing; and, throwing themselves upon their constitutional rights, they were determined to stick to that verdict. Now, sir, I indicted the bank for murder, perpetrated upon the body of the constitution, which affected its life. From this charge it was acquitted; but the President insists upon it, that if it is not guilty of shop-lifting upon a certain French bill of exchange, it surely was of sheepstealing, committed upon the Government directors, and therefore ought to, and shall, be cropped. This, the gentleman wants to make me believe is the identical charge which I brought against the bank. He must excuse my credulity if it refuses to swallow this dose.

The motive is here fully developed, that it was no part of the object of the investigation, by a sudden destruction of the bank, to disturb the great moneyed relations of the country, to agitate the wide-spread operations of commerce, or to impair the extended interests of the Government, either in its fiscal or joint-stock connexion with the bank: all of which would have been the result, as is now, by recent events, too painfully proved.

And, sir, permit me to ask, what was the result of that inquiry? Besides every thing, except the crimes against the French bill and the Government directors, (which has since been discovered, and I affirm not a new principle of objection has been found:) besides the difficulty of the three per cents, which was then submitted; besides the suggestion that the bank had interfered with elections, by reason of its large discounts, its fees to lawyers, But my vote at the last session seems to disturb him. I its accommodations to members of Congress, its subsidiz voted, he says, that the deposites were unsafe in the bank; ing the press, its publication of documents, its extravaand, therefore, I ought now to sanction their illegal seizure gance in printing-all of which are carefully insinuatedand withdrawal, to be placed in those which his own there were presented to the consideration of Congress six proposition considers equally dangerous. If they are safe distinct cases of supposed breaches of the charter: 1. In where they are, why legislate upon the subject? It can- relation to usury. 2. To the issuing of branch orders as not be possible that my vote went the length to allow a circulation. 3. The selling of American coin. 4. The the Government to violate its plighted faith, to suffer a sale of stock. 5. Making donations for roads and canals; person to take the public funds, who had no right to and 6. Building houses to rent or sell, and erecting them; to rob the proper department of the Government other structures in aid of that object. of its rightful control over them; to have them farmed out, Upon this information, well weighed, I hope, by the

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