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SENATE.]

Mountjoy Baily.

[MAY 31, 1834.

Mr. MOORE said this bill contained a principle, as it time, and left the interest to be applied for at a future regarded commutation, against which the Committee on time.

Revolutionary Claims had unanimously reported. This Mr. FRELINGHUYSEN wished that he could vote for bill had been committed to them late in the last session, this bill; but, after the discussion which had taken place and had been brought forward this session without taking the other day, he could not. The petitioner, in the presthe usual course through a committee. He therefore ent case, had already received $2,250 for pay, and in four moved that it be recommitted to the Committee on Revo-years after he comes again and applies for interest upon lutionary Claims. the amount for all the time. Mr. F. thought the only safe

Mr. POINDEXTER thought there was no necessity for principle upon which the Senate could proceed, was nevrecommitting it, as it was well understood that the com-er to pay interest unless the Government had itself negmittee would report against it. It had been the practice lected to pay the principal. of the Government to allow interest on such claims, and if this poor man was to be made an exception, be it so. Mr. BLACK instanced several particular cases of this kind, decided by yeas and nays, in which interest had been allowed. He hoped it would not be referred, because a reference would be equivalent to the defeat of the bill.

Mr. BELL said the present case was not a demand for the payment of interest; it was a claim for fifty years' half pay. Any gentleman who attentively examined the matter, could see that this was the case. If a suit were brought by this claimant against the United States, in a court of law, what could Congress do? They would be obliged to pay the sum demanded. They had promised Mr. BELL was not disposed to refer the bill. The to pay this money, and any court could compel them to House had always been in favor of allowing interest on do it. The claim was for fifty years' half pay, Congress such claims, and the Senate, till very lately. At the last had paid a part of what was due, and would they now resession, the committee of the Senate had taken a differ-fuse to pay the remainder? It was objected, that the adent view of the subject, for the purpose of reversing the mission of this claim would have the effect of bringing decision. Mr. B. thought this view erroneous. He into existence many others. He (Mr. B.) knew this was thought the general principle adopted by Congress, of a very prevailing argument at this time; but he begged to not paying interest, was not strictly applicable to the ask the Senate whether it were prepared to refuse the present case. Congress had engaged, by contract, to claims of a man who had fought for their independence, continue half pay for life to such officers as served to the merely because other demands might be brought against close of the war; but, as this arrangement was not satis- the Treasury? Mr. B. concluded by calling for the quesfactory to the people, it was proposed to give five years' tion by ayes and noes, in order, as he said, they might full pay in lieu thereof. The claim of half pay for life have one more manifestation of the feeling of the Senate could be established in any court of justice, and the claim in relation to these matters. now presented, including interest, would amount to only half of the claim for half pay for life. Mr. B. therefore thought it would be unjust to withhold the interest.

Mr. WHITE argued against the bill, and said its object was to give to Mountjoy Baily interest on five years' full pay, which he had received in commutation for the half Mr. MOORE, alluding to Mr. BELL's assertion that, af-pay for life promised him by the old Congress. Mr. W. ter this session, there would be no more applications of said that, as a member of the committee to which this this description, said, that if the gentleman would look claim had been referred, he had taken particular pains to over the documents he would change his opinion. Du-examine it, and had come to the conclusion that Mr. Bairing the former session there were but few, and in the ly was not entitled either to the principal or interest of present session there had been many, and the claims the sum which he demanded. Mr. W. went on to prove seemed to increase. They came forward not merely to this assertion, and to show that the claimant had never exask for the principal sum, but also interest upon it, as if hibited any satisfactory proof that he was entitled to the to see what they could get out of the Government. He pension he had received. denied that decisions in favor of paying interest had been Mr. CHAMBERS read an affidavit made by Mr. Baily, uniform. He could turn to cases in the statute-books, stating that the necessary evidence in support of his where the individuals had received the principal without claim had been sent to the Secretary of War some years the interest. The honorable Senator had thought it a ago, and that the documents had never been returned to hard case to refuse interest, and that paying interest to this day would only be equivalent to the payments which had been made fifty years ago. It was no such thing; Mr. WHITE did not think the case at all altered by and if the principle were carried out, there would be what had been said by the Senator from Maryland, [Mr. millions of dollars to be paid under this bill. He thought, CHAMBERS.] He (Mr. W.) had a paper stating that the on looking to the documents, it would be found to be documents of the claimant had been returned to him. doubtful whether the individual was actually entitled to Mr. W. then proceeded to argue upon what he considerHe did not wish to defeat the bill, but he wished ed to be the general impropriety of claims of this kind. to establish a proper precedent, and to have the final The principle comprised in them, he said, was very exjudgment on the bill. tensive; the Government might be called upon in this way Mr. CHAMBERS wished to know how many final to pay enormous sums. The interest upon a pension of judgments were to be had; this bill had been already be-only $100 would amount, in 45 years, to nearly three fore the Senate many times. times as much as the principal. It was high time that the

pay.

him, so that it was not in his power to present them when they were demanded upon a subsequent occasion.

Mr. MOORE referred to the recent case of the heirs of Senate should understand the nature of these claims. He Lieutenant Wilde, as a precedent, in which interest had was satisfied, that in acceding to them, they would be not been allowed. proceeding upon ground which was unjust and dangerMr. CHAMBERS said it was an ingenious argument, ous to the country. A revolutionary soldier applied in In that case the Senator from Alabama had agreed with the first instance for land. Well, land was plentiful, and him. He produced the bill for the relief of James Bur-in some of the new States they were glad to get settlers; net, as a precedent, wherein interest had been allowed. the Government, therefore, readily granted a piece of The honorable Senator from Alabama said the man had land to the applicant; but by so doing they tacitly admithad justice done to him, inasmuch as he had received the ted that he had served till the end of the war, and laid half pay which was due to him. The old soldiers were themselves open to a claim for commutation; this claim all poor. They came and applied for their pay, and, as was immediately made, and what came next? Why, a dethat supplied their present need, they took it at the mand for interest, amounting, in some cases, as he (Mr.

JUNE 2, 1834.]

Mountjoy Baily.-Augusta (Me.) Memorial.

[SENATE.

pay

W.) had shown, to nearly three times the principal. If found to be wrong, the courts had to retrace their steps, the applicant were to bring his claim to all this at once, and reverse the decision; he had yet to learn that a legisscarcely a Senator would be found to vote in favor of it; lative decision was to have the same binding influence on but, by breaking it into doses, he accomplished his ob- the body as in courts of law. He had understood that ject. The system was not confined either to the living; different members of the Committee on Revolutionary if the Senate passed the bill they would make a prece-Claims had decided both ways. He could not distinguish dent which would extend to the heirs of the revolutionary between the recent case of the heiress of Wilde and the soldiers, and which would also enable an individual to let present case. The allowance to revolutionary soldiers his pension lie over as long as he pleased, for the purpose was not in the nature of a pension. Congress had promof procuring interest. But suppose it to be proved, Mr. ised to those who should continue in the service half W. said, that Baily had served to the close of the war, for life, or a commutation of five years' whole pay. This the question would still arise whether he was entitled to man had done so, and therefore it was in the nature of a interest. This question was a general one, entitled to a promise-in the nature of a debt. This man had never full and dispassionate consideration, and although the applied for payment until 1830, and he received his five Senate had heretofore decided in favor of paying interest, years' whole pay. "In 1834, he says the interest would he thought the subject ought to be re-examined. Mr. be convenient—I'll take it.” The principle would bankW. could not see on what principle interest should be rupt any Government on earth. No Government could paid. stand it. The applicant had received his pay during the Mr. BELL said it was on the principle that the five war, and, in 1830, he had received the amount of five years' half pay, in lieu of half pay for life, was left op-years' pay in lieu of half pay for life, and now came for intional with the claimants. terest. So far as money was concerned, the Government Mr. WHITE argued that, having postponed the claim had done all that could be done. Large sums had been for half pay till 1830, and now coming in for five years' paid by Government to revolutionary soldiers in the State full pay, was an abandonment of the former claim, which of Virginia. The money was paid by Congress, but no could not, therefore, be presented as an argument in fa-interest was allowed. The sum to be paid must be imvor of the payment of interest. Mr. W. alluded to the mense, and therefore the scrutiny into the propriety of case of supernumerary officers who did not serve, but the principle ought to be accurate. were liable to be called out at any time, till the close of the war. The courts had once decided that the claims of such were not valid, which decision, although it was afterwards reversed, served as a hindrance to a due presentation of their claims. Mr. W. considered this as an argument in favor of allowing them interest.

Mr. LEIGH said, on this very argument the court of appeals in Virginia had denied the right to interest.

Mr. LEIGH said it was known for many years, that precedents and not acts had been acted on. He had been told, on a former occasion, that there were precedents for the payment of interest, and precedents to the contrary. There might be some difficulty in accounting for this difference, but he must be of opinion that one case must have been better canvassed than the other, and that the difference must have arisen from the mode in Mr. WHITE thanked the gentleman for making the which the questions were debated. He wished to do case stronger; if such claims could not draw interest, justice to this old soldier, and he felt impelled to vote in much more should not those claims which nothing hinder-favor of the old gentleman, but was restrained by justice ed from being presented. from giving that vote. There were other cases now deMr. TYLER thought the subject one of great interest, pending in that body-claims of Virginia soldiers-whose and there were a good many claims of this kind from Vir-claims, too, were well established; and yet, although they ginia. Mr. T. held that all who were entitled to commu- were some of the best friends he had, he would be com tation, were also entitled to interest, and it had been often pelled to vote against giving them interest.

so decided by the Senate. Mr. T. instanced several ca- The debate was further continued by Messrs. FREses, one of which was a recent and strong one, in which | LINGHUYSEN, TYLER, BIBB, CHAMBERS, and twenty-two Senators had voted in favor of paying interest, KING of Alabama. and only Messrs. WHITE, HILL, and ROBINSON against it. On the question, Shall this bill pass? Mr. T. here read over the names of the majority and mi- It was lost by the following vote: nority on the question, and said, there was a positive de- YEAS.-Messrs. Bell, Bibb, Black, Chambers, Clay, cision pronounced. In February, a variety of questions | Hendricks, Kent, King of Alabama, McKean, Poindexfollowed, and were all passed. He instanced several per-ter, Porter, Robbins, Silsbee, Sprague, Tomlinson, Tysons to whom the pay had first been allowed, and were ler.-16.

MONDAY, JUNE 2.
AUGUSTA (ME.) MEMORIAL.

afterwards allowed the interest. He contended that the NAYS.-Messrs. Benton, Brown, Calhoun, Ewing, decisions were founded in justice. The commutation law | Forsyth, Frelinghuysen, Grundy, Hill, King of Georgia, was passed in 1783, and many were paid in 1790. The Leigh, Linn, Mangum, Moore, Morris, Prentiss, Robinthree per cent. stock was established for the purpose of son, Shepley, Smith, Swift, Tipton, White, Wright.-22. giving the soldiers an equivalent for what had been On motion of Mr. FORSYTH, awarded to them. If Baily had subscribed to this stock The Senate adjourned. he would have received an interest all this time, and he ought to be allowed an interest equivalent to what this fund would have given to him. The honorable Senator from Tennessee had said that there was no proof to establish Baily's title. The very facts of the case decided Mr. SPRAGUE presented a memorial from 450 citithat he was entitled to it. zens of Augusta, Maine, on the subject of the removal of Mr. SMITH said the question was important, and in-the public moneys, and the recent Executive measures. volved large sums of money; but this was no reason why Mr. S. said that two years ago there was in that town an the money should not be paid, if it was justly due. In ques-overwhelming majority in favor of the present administions of less importance a mistake would be of less con-tration. The paper was drawn up with much ability, and sequence. If he could see any thing in law or equity to set forth the conviction of the memorialists of a general justify the payment of the interest, he would be the first distress now pervading the community. They all comto vote for it; but what were the circumstances? The plained of ruin, misery, and distress, and they had come to case stood altogether upon precedents. Even in courts Congress for relief. They said they did not go to the of justice there were cases wherein the decision being Executive, because that was not the proper tribunal, even

SENATE.]

Augusta (Me.) Memorial.-New Jersey Memorials.

[JUNE 2, 1834.

if it had the power to give relief; and out of self-respect, nearly at the same time, the same persons were at both they would have forborne applying to him, as he had meetings. turned a deaf ear to the complaints of his fellow-citizens; Mr. S. said he had a difficulty as to the course to be taken their petitions had been treated with disregard and con- in regard to these documents. The difficulty would not be tempt; the conduct of the President had only produced the same if they had come from persons holding the same additional insult and injury, and respectable men had been sentiments that he held; for then he would have no diffiturned away from the door of that house which the peo-culty in remonstrating; but they came from persons who ple had erected as the residence of the Chief Magistrate. were earnestly and devotedly opposed to him, and who They said there was no hope from that source, and they denounced both him and his colleague. They warned appealed to Congress for relief. They farther represented him that no alteration was to be made in the resolutions, the claims of the Executive to power as excessive, and in order that they might be received by the Senate. that if he proceeded to exercise it, he would possess more The last resolution said, "We desire that they shall repower than is in the hands of any one man in any limited ceive no modification in order to be acceptable to the monarchy. This memorial was signed by many gentle- Senate;" and warned him to make no attempts to change men with whom Mr. S. bad the pleasure of a personal ac- either the substance or the phraseology. He must either quaintance; and at the head of the list were two men long hold himself responsible (a thing. which he was not pardistinguished for their adherence to the true whig princi- tial to) for deciding on the propriety of submitting the ples of 1776, having been officers during the Revolution. documents to the Senate, or present them, and leave the One of them rode fifty miles in the night to be present at Senate to do what it would with them. Some parts were the affair of Lexington, and the other was an officer during in respectful language, but he was not able to concur with the whole war. There were others on the list equally the views of the memorialists. In both were harsh exentitled to confidence and respect. Mr. S. asked that the pressions with regard to the Senate, and with regard to memorial might be printed, with the names, and referred members of the Senate. It declared that his colleague to the Committee on Finance. and himself had violated their trust in disobeying their inMr. SHEPLEY said that in 1832 Augusta gave 478 structions, and took shelter under the assertion that they votes instead of 450, as on the memorial, in favor of a were acting according to the wish of the people. With Governor opposed to the present administration. This regard to the Senate, they took similar views. They had he thought proved that there had been no extraordinary remarked, also, on what had appeared in a certain vehichange in Augusta. Mr. S. also went into a statement of cle, which was remarkable for giving what was not said prices in Maine, to show that there could be no distress in the Senate of the United States, and repudiate him for there, as prices were quite as high as usual. He consid-it. In regard to the Senate, they denounce its conduct in ered this as proof that the distress was all got up. no measured terms. In the memorial from Huntington,

Mr. SPRAGUE replied that he had grounded his state- which Mr. S. supposes to have been the larger meeting ments on a letter from most respectable gentlemen, whom of the two, he saw, in very large characters, 415, which he named; and who declared that Augusta, two years ago, he presumed was the number of signatures. Mr. S. here gave an overwhelming majority in favor of the present read the last resolution, which went to state the opinion administration; and that great distress prevailed in that of the meeting concerning the conduct of an accredited quarter, notwithstanding the alleged prices current. He majority in the Senate, and accused it of having tried and recollected, too, that his colleague, though he had at first passed upon the President of the United States without denied the existence of distress, had afterwards admitted giving him an opportunity of being present, a right grantit, and had ascribed its existence, first to the bank, and ed to every criminal; declared their interference to be next to the Senate. Mr. S. would like to know how they unlawful, inasmuch as the President was liable to an imcould be the cause of a distress, which his colleague now peachment, and that the Senate, by so doing, assumed a denied to have existence. He insisted, however, that the character which did not belong to it. He would not deauthority which he had to prove its existence was amply tain the Senate by reading the resolutions in reference to sufficient. his colleague and himself. What he had read, he had read in order to explain their character to the Senate, which he thought it best to do in their own words. He would ask the usual reference, under the feeling which he bad expressed.

Mr. SHEPLEY, after a few words which were not distinctly heard, said it was true, that in the beginning of December last he did not admit that there was distress, and it was likewise true, at that time, that there was none. There had, however, since that time, been such an im pression made on the minds of the people that they apprehended that great distress would be felt when business should commence. He hoped, however, now that the business of that part of the country had commenced, and commenced under good auspices, that they would find their apprehensions groundless. It was a fact that prices and wages were still kept up at their usual standard. There might be a scarcity of money, but not a very material one; and business seemed not to have suffered. The memorial was then referred to the Committee on Finance, and ordered to be printed.

NEW JERSEY MEMORIALS.

Mr. SOUTHARD presented a memorial from Glouces. ter county, New Jersey, complaining against the conduct of the President of the United States in the removal of the deposites from the Bank of the United States; which was read, and referred to the Committee on Finance.

Also, two others, one from a meeting of citizens of New Jersey, in the county of Cumberland; and the other from a State convention, held in Trenton. They were called democratic meetings, and as they were both held

Mr. CLAYTON could not consent to the printing of the papers. In his opinion the papers ought not to be received; but he would content himself by moving that they be laid on the table. He would ask from the Senator from New Jersey [Mr. SOUTHARD] some information respecting the persons composing the convention. They stated themselves to be democrats; now he (Mr. C.) was very much mistaken if the gentleman who had presented the resolutions which were now before the Senate, was not a decided and proscriptive federalist. Another gentleman (Mr. Wall) who had taken a prominent part in the proceedings, was also, he believed, an uncompromising federalist. He (Mr. C.) wished to know from the Senator from New Jersey, how far these individuals were entitled to the designation they had assumed.

Mr. SOUTHARD coincided in opinion with the Senator from Delaware, [Mr. CLAYTON,] respecting the character of the individuals to whom he (Mr. C.) had alluded. His constituents, however, Mr. S. said, had a right to assume what designation they pleased; he could not quarrel with them for so doing.

Mr. FORSYTH said, he understood the object of the motion made by the Senator from Delaware, was to get

L

JUNE 2, 1834.]

New Jersey Memorials.

[SENATE.

rid of the papers altogether; he hoped the honorable Sen- Eastern Shore of Maryland had caused a new election for ator would not press his motion. The present memorial a successor, the result of which was given in the Intelcame from a convention of one of the great political par-ligencer this morning. At the regular election in October ties of New Jersey. Sometime since the Senate had re- last, the late member, who was a very popular candidate, ceived a memorial from the opposite party, and this one received a majority of precisely 200 votes against the came forward as a response to it. Some allusions, it was same gentleman who is now defeated by a majority of true, were made to the Senators from New Jersey, but if more than 1,000. Maryland was following suit to New those Senators did not object to the paper on that account, York and Virginia; and he hoped the symptom would be surely the Senate had no right to interfere. The other regarded. Surely these repeated causes of irritated feelmemorial which had been sent here by the opposite party, ing should in charity induce us to indulge the losing spoke in no measured terms of the Executive act; it de- party the privilege of a little angry language. He had nounced the act and all those who supported it. It did been somewhat surprised to hear the inquiry put by his not certainly denounce the minority by name, but it did friend from Delaware to his friend from New Jersey. so in effect. Mr. F. concluded by calling for the ayes and Why, sir, did the Senator doubt the quarter from whence noes upon the motion of the Senator from Delaware. such warmth of democracy proceeded? In his experience, Mr. CLAYTON hoped the question would be so taken. the most bitter and excited politicians, those especially What was the language of the memorial in reference to who made most complaint against the claims of Congress this body? He could ask the Senator from Georgia [Mr. and in favor of Executive pretensions, were the exclusive FORSYTH] to point to any memorial couched in terms democrats who, in 1798 and 1812, were the leading and so offensive as this, and which had been received by the most violent federalists. Show me a man who was a Senate. [Mr. C. here read an extract from the memorial federalist of 1798 and 1812 of the purest water-who to the effect that, in the opinion of the convention, went ahead of his party--and you shall see a man who is the insult and abuse directed against the President by an now a thorough-going Jackson man, and an exclusive accidental majority of the Senate, was not only unprece- patent democrat, who goes as far ahead of those who dented, but was a daring violation of the constitution, and were democrats in 1812 as we were then in advance of that they (the Senate) now presented to an astonished him. This is the case in my county, and my friend from people the degraded spectacle of the highest court in the Delaware can tell the same story. It is true there was a Union disabled, by its own act, from performing one of material distinction in the case. The democrats of 1798 its most important functions.] Mr. C., in continuation, and 1812 went for the rights of the people and the rights said he would not countenance the reception of a paper of their representatives and of Congress against Execsent to this body for the mere purpose of insulting it; utive power: the democrats of the present day-the he would not consent that the Senate should be held up patent democrats--go for Executive power in its whole as a "degraded spectacle." He hoped the question length and breadth, and against the rights of the people would be taken on the subject by ayes and noes. and the rights of Congress. Now, sir, when these various Mr. CHAMBERS said, he rose to ask his friend from causes are looked at, are we at a loss to account for the Delaware [Mr. CLAYTON] not to urge his motion. It ill feeling and hard words used by these patent demowas always a delicate as well as a difficult matter to desig-crats? The Senate is not injured by such epithets; it is nate precisely the point at which the allowed license of "biting at a file." He hoped his friend would not recensure should terminate, and at which the character of new his motion: let these effusions of mortified feeling scandalous language should be deemed to commence. be borne with. Yes, sir, said Mr. C., I accept a remark He thought it was best to err on the safe side, and allow furnished by a friend at my elbow, and say, "Let the a little more than the due quantum of license rather than sinners groan." retrench the freedom of petition. He knew nothing of Mr. EWING made a few observations in opposition to the language of the paper, except what he had learned the reception of the memorial, and read the clause which from the reading of the resolution censuring the conduct had been previously read by the honorable Senator from of the Senate. Now, there were many considerations Delaware, [Mr. CLAYTON.] Mr. E. said he had no obwhich might be estimated as palliations for the warmth jection to receive a memorial, notwithstanding it might and harshness of expression used by the memorialists. contain remarks condemnatory of this body; but no man He would suggest to his friend from Delaware some who had any respect for himself could vote to receive a of them. First, the epithets read, though very harsh, a paper containing such a clause as that which he had were applied to the political conduct of the Senate--to just quoted. The memorialists might have expressed its official acts, and did not attribute bad motives to the their opinion that the Senate had acted unconstitutionally members of the body, or to the majority. But besides without imputing to them any thing degrading or disthis, much charity was due to politicians who were ex-graceful.

cited and alarmed at the prospect of losing their power. Mr. CLAYTON said there was another reason why These memorialists had seen the people of their State the paper should not be received. It proposed no legismoving on in immense masses against the administration; lative action. Why should the Senate make a different they had seen its former friends and supporters uniting disposition of the paper in this respect than they had in terms of strong denunciation; the party was melting made of other papers? The memorial, he repeated, proaway, and the long-indulged hope of office and emolu- posed no legislative action. Were Senators to sit in their ment was dissipating. Now, sir, ought we not to bear chairs for the mere purpose of hearing themselves abused? with such folks in the indulgence of a little spleen and Mr. FORSYTH would say a word, with the permission bad humor? It was asking too much to require a party of the gentleman. He thought with the Senator from enjoying but yesterday the confident hope of prosperity Maryland, [Mr. CHAMBERS,] and he was sorry that the and dominion, to see itself prostrated by the very means Senator from Ohio [Mr. EwING] did not follow his exadopted for its preservation, to find defeat after defeat ample. Mr. F. thought the memorial, even if it proannounce its approaching dissolution, and yet preserve posed no legislative measure, ought to be referred, like its mild and amiable tone and temper. He was proud to others, as an expression of public opinion, and as such it have it in his power to announce one more instance of was entitled to great respect, in view of the source from the progressive march of sound principles, which had which it came. The delegates from all parts of New been furnished in his own State, and in the vicinity of his Jersey, by whom it was sent, imbodied a large portion friend from Delaware. The lamented death of the worthy of the Senator's constituents, who presented it, and, as representative from the first Congressional district of the the memorial said, a majority of them; and admitting the VOL. X.-116

SENATE.]

New Jersey Memorials.—Amendments to the Constitution.—Restoration of the Deposites. [JUNE 2, 1834. from the Bank of the United States, and their future disposition.

facts stated to be true, their language was justified: it was degrading to act the part of prejudging. These men believed the Senate had done so, and they had a right to express it. The Senate would not endorse their declaration by referring and printing the memorial, and the Senate owed it to their self-respect to treat this memorial as they had done the other from the convention in New Jersey of the opposite party. Mr. F. thought the whole party was not to be judged of by one or two patent democrats.

Mr. CLAYTON noticed the resolution in the memorial more particularly objectionable, which charged the Senate with "an act of gross and revolting injustice, and as now exhibiting to the astonished world the degrading spectacle," &c. Mr. C. moved to lay this resolution on the table.

Mr. BROWN called for the yeas and nays on the ques-
tion, which were accordingly ordered, and it was decided
in the affirmative, yeas 24, nays 16, as follows:
YEAS.--Messrs. Bell, Bibb, Calhoun, Chambers, Clay,
Clayton, Ewing, Frelinghuysen, Hendricks, Kent, Knight,
Leigh, Naudain, Poindexter, Prentiss, Robbins, Silsbee,
Smith, Southard, Sprague, Swift, Tomlinson, Tyler,
Webster.--24.

NAYS.--Messrs. Benton, Black, Brown, Forsyth,
Grundy, Hill, King of Alabama, King of Georgia, Linn,
Mangum, Morris, Robinson, Shepley, Tipton, White,
Wilkins.-16.

The resolutions were then taken up.

Mr. CLAY, in a few words, expressed his hope that Mr. POINDEXTER was disposed to receive and refer no unnecessary time would be taken up in discussing the any petition couched in respectful language; but he would resolutions, but that they might be passed upon this day. not consent that one should be received which was dis- The first resolution had been already discussed for several respectful to the body, or any member of it. He alluded months, and he did not intend to say a single word on the to the rejection of the memorials from Erie, Germantown, subject of the second resolution, unless the course taken and York; and he would say, on his own responsibility, by gentlemen on the other side should render it necessary as this was the order of the day, that this was more dis- for him to do so.

respectful to the Senate than either of the others. He Mr. BENTON then rose, and moved that the resoluhad never seen such vulgar, such blackguard language tions be postponed, for the purpose of giving the Senate in any memorial; it was not fit to send to any body of an opportunity of considering the following resolution: men, and particularly to the Senate. If the language Resolved, That the Senate will not consider any propo had been respectful, Mr. P. cared not for the subject; sition to restore the public moneys to the keeping of the but he would demand from every portion of the people Bank of the United States, or to renew the charter of that of the country that respect which he would accord to bank, until after it shall have submitted to a full examinathem. If such a paper had been sent to the President, tion of its affairs by a committee of one of the Houses of what would the old hero" have done? Mr. P. would Congress, and especially into the part which the bank may not say that he would have acted the part of a roaring have acted, if any, in producing the late commercial emlion; but he would have spurned the proposal to receive barrassments and distresses. such a paper, and put it on his files. And yet the Senate Mr. BENTON, in support of his motion, spoke somewhat were asked to refer and print this paper, which repre- at large in vindication of the right of Congress to examine sented them as a degraded body. into the conduct and affairs of the bank, and its duty to Mr. P. moved that the paper should not be received, do so, before it would entertain any proposition of honor and asked for the yeas and nays; but withdrew the motion or confidence to that institution. The right to make this on the suggestion of Mr. FRELINGHUYSEN, who examination, he said, rested upon many grounds. A moved to amend Mr. CLAYTON's motion, by adding the clause in the charter reserved this right, and reserved it 11th to the 9th resolution, and laying both on the table. without limitation or restriction, without forms or condiMr. CLAY, after calling the attention of the Senate to tions; and it was not to be endured that this unconditional the two resolutions, on the insufficiency of the Secretary right, reserved by Congress, should be defeated and nulof the Treasury's reasons, and the restoration of the de-lified by the interposition of forms and conditions, restricposites, moved to lay the whole of this memorial on the tions and limitations, prescribed by the bank itself, and which would put it into the power of that institution to be Mr. FORSYTH asked if this were to be the final dis-examined or not, just as it pleased. Besides this charterposition of it.

table.

Mr. CLAY hoped so; but he had no objection that it should be called up hereafter by the gentleman from Georgia, if he thought proper.

Mr. FORSYTH supposed it would be final, and called for the yeas and nays; which were ordered, and there appeared, yeas 18, nays 21.

So the memorial was laid on the table.

ed right to examine the bank, Mr. B. said that the United States was a partner in the institution, and possessed the natural and equitable right of all partners to know how the partnership concerns were managed. Every partner has a right to examine the books and papers of the concern; dormant partners possess this right as well as active partners; and if the members of the concern who have charge of these books and papers, refuse to submit them AMENDMENTS TO THE CONSTITUTION. to the inspection of the other partners, a court of equity The special order of the day, being Mr. BIBB's resowill interfere, upon the application of the injured party, lutions to amend the constitution of the United States, so and place the books and papers where every partner can far as relates to the election of President and Vice-Pres-have free access to them. This is the natural right, and ident, was taken up; and Mr. BIBB, after concluding equitable law of partnerships; and the people of the his speech on the subject, commenced some days ago, millions of dollars in this bank, bave a right to see how it United States, who are partners to the amount of seven submitted some verbal amendments, which were adopted. has been managed, and their representatives are the Mr. BENTON then moved to refer the resolutions as amended to a select committee, to consist of five mem-proper persons to exercise that right. A committee of bers; which motion having been carried, the following and if such a committee should be repulsed from the door Congress is the proper organ to examine for the people; gentlemen were chosen by ballot: Messrs. Bibb, Benton, Webster, Calhoun, and Forsyth. of the bank, then the rights of the people, as partners in the institution, are resisted and violated. A third ground RESTORATION OF THE DEPOSITES. on which Mr. B. bottomed the right of the Government Mr. CLAY moved to postpone the previous orders, to examine the affairs of the bank, resulted from the naand to take up the joint resolutions submitted by him tionality of the institution-from its national character, in some days since, on the removal of the public deposites contradistinction to its mere banking character-and the

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