shall be taken, excepting such parts thereof as are herein excepted; and all the creditors of the company, and the separate creditors of each partner, shall be allowed to prove their respective debts; and the assignees shall also keep separate accounts of the joint stock or property of the company, and of the separate estate of each member thereof; and after deducting out of the whole amount received by such assignee, the whole of the expenses and disbursements paid by them, the nett proceeds of the joint stock shall be appropriated to pay the creditors of the company, and the nett proceeds of the separate estate of each partner shall be appropriated to pay his separate creditors; and if there shall be any balance of the separate estate of any partner, after the payment of his separate debts, such balance shall be added to the joint stock, for the payment of the joint creditors: and if there shall be any balance of the joint stock, after payment of the joint debts, such balance shall be divided and appropriated to and among the separate estates of the several partners, according to their respective rights and interests therein, and as it would have been if the partnership had been dissolved without any bankruptcy; and the sum so appropriated to the separate estate of each partner shall be applied to the payment of his separate debts; and the certificate of discharge shall be granted or refused to each partner, as the same would or ought to be if the proceedings had been against him alone under this act; and in all other respects the proceedings against partners shall be conducted in the like manner as if they had been commenced and prosecuted against one person alone. Decree of bankruptcy and copy of order of appointments of assignees to be recited in all deeds for land sold by assignees-Such deeds confirmed. Now, will any man pretend to assert that the same circumstances exist now? Has there been an annual recognition of the constitutionality of the bank for the last twenty years? Do the local authorities every where acquiesce in it? And is the opinion in favor of the constitutionality of a national bank so universal and so confirmed that there is no prospect of any respectable body of public opinion being arrayed against it? No. The reverse of all this is true. Half the nation are arrayed against both its constitutionality and its expediency; the local authorities in several quarters are in open arms of remonstrance and threatened resistance against it. So far from there being no prospect of any change by the public or its agents in the construction which affirmed the constitutionality of a national bank, that construction has already, to a great extent, been reversed. These are the circumstances under which President Tyler had to decide on his course of action-circumstances, in every feature, strikingly contrasted with the circumstances of Mr. Madison's time. Therefore I say that if, in his inaugural, he had in view the example of Mr. Madison, referred to by the senator from Kentucky, it formed no rule by which he was bound to surrender his solemn convictions as to the unconstitutionality of the bank. compared with each other? I had really hoped that | had, at the time of Mr. Madison's action upon it, the honorable senator, after announcing to us the is- been annually recognised, as he says, for twenty sue in this very proper manner, would have confined years successively-the whole nation had acquihis observations to it alone; and, if he had done so, esced in it; and there was no prospect of any change I should not have troubled the senate with a single of opinion. I yield to no one in profound respect word. for the principles and character of Mr. Madison, But what has been the course of the honorable se- and I have ever been disposed to make every allownator? I do not reproach him with it; he, no doubt, ance for the course he felt it his duty to pursue. Let felt it necessary, in order to vindicate his own posi- me read a sentence or two from his letter to Mr. Intion before the country, to inculpate the course taken gersoll: by the president; and, accordingly, about two-thirds "The act establishing a bank of the United States," of his speech, however qualified by expressions of says he, "had been carried into execution, throughpersonal kindness and respect, were taken up in a out a period of twenty years, with annual legislative solemn arraignment of the president of the United recognitions-in one instance, indeed, with a posiStates. Most of the allegations put forth by the se- tive ramification of it into a new state, with the ennator seems to arrange themselves under the general tire acquiescence of all the local authorities, as well charge of perfidy-of faithlessness to his party and as the nation at large; to all of which may be added to the people. a decreasing prospect of any change in the public The senator begins with the violation, by the pre-opinion adverse to the constitutionality of such an sident, of the pledge given in his inaugural address. institution." Now I must say, with all due deference, that the very language quoted by the honorable senator to prove this, received, wherever I had any opportunity of hearing the expressions of public opinion, a very different construction. The president told the nation that he would give his sanction "to any constitutional measure" which might be devised by congress for the relief of the country on the subject of the currency. He does not say any measure, but to any "constitutional" measure. Why insert the word "constitutional" if he did not intend to qualify, in an important sense, the pledge given? But the senator finds, in the next clause of the inaugural address, an explanation of the sense in which the word "constitutional" is here to be understood, viz: that "he should be governed by the sage views of the fathers of the republican school, and by the light of their Sec. 15. And be it further enacted, That a copy of ever-glorious example." The senator, in his comany decree of bankruptcy, and the appointment of mentary on this clause, seems to have stricken out assignees, as directed by the third section of this act, as significant and expressive, a portion of it as any shall be recited in every deed of lands, belonging to of its other words, viz: that the president should be the bankrupt, sold and conveyed by any assignees guided by "the sage views," as well as the everunder and by virtue of this act; and that such recital, glorious example of the republican fathers to whom together with a certified copy of such order, shall be he alludes. What were these sage views, as expressed full and complete evidence both of the bankruptcy in the purest days of the republic? The sage views and assignment therein recited, and supersede the of Mr. Madison in 1791-the unvarying opinions and necessity of any other proof of such bankruptcy and testimony of Thomas Jefferson? He was to look to But the senator from Kentucky has told us that assignment to validate the said deed; and all deeds the "sage views" delivered by them, as well as to Mr. Jefferson, in various ways, recognized the concontaining such recital, and supported by such proof, their example. And, on this point, I could not but stitutionality of a national bank; and, in illustration of shall be as effectual to pass the title of the bankrupt remember what (if I have not been misinformed) this position, he tells us an anecdote, a passage of seof, in, and to the lands therein mentioned and describ- was the fact, viz: that the honorable senator himself cret history, I know not on what authority, which I ed to the purchaser, as fully, to all intents and pur- stood in a relation of particular privity to a memo- must say is but little in consonance with Mr. Jefferposes, as if made by such bankrupt himself immedi-rable act of another of the "farthers of the republi- son's life and opinions. It represents him, who never ately before such order. can school," when he gave his casting vote against shrank from any responsibility, as willing to slink District of Columbia and territory cases. a renewal of the bank charter. Was there nothing back under the fraudulent and ignominious shelter in the sage views and examples to instruct the pre- held out by a perversion of the ten days' provision, to Sec. 16. And be it further enacted, That all juris-sident, in addition to the convictions of his own screen himself from the duty of asserting those glodiction, power and authority conferred upon and judgment. Who is the individual that by universal rious principles which had been the ornament of a vested in the district court of the United States by consent, is recognised as the founder of what the pre-long life. Until the positive testimony of a responsithis act, in cases of bankruptcy, are hereby con- sident refers to as "the republican school?" It is ble and unimpeachable witness to the fact itself shall ferred upon and vested in the circuit court of the Thomas Jefferson. For, however I concur with the United States for the District of Columbia, and in senator from Kentucky in paying all homage to the and upon the supreme or superior courts of any unrivalled virtues and ever-glorious public services of the territories of the United States, in cases of of George Washington, I must be permitted to say bankruptcy, where the bankrupt resides in the said that he has not generally been considered as belongDistrict of Columbia or in either of the said terri-ing to that "republican" party to which the president tories. This act to take effect 1st February, 1842. Sec. 17. And be it further enacted, That this act shall take effect from and after the first day of February next. JOHN WHITE, Speaker of the house of representatives. DEBATE ON THE VETO. SPEECH OF MR. RIVES, OF VIRGINIA. On the Executive message containing the president's objections to the bank bill. ailudes. be produced, I never can yield my belief to his being willing to stand by as a passive accessory to the violation of the constitution. Where was the occasion for his doing so? He was to go out of office in the month of March, 1809, and the bank charter would not expire till 1811; and the record will show that, after that time, he renewed repeatedly, and in the most solemn form, the expression of his hostility to such an institution. I do not mean to cast the slightest imputation on the statement of the honorable senator himself, so far as any knowledge of his own is concerned; but an anecdote of such a character, coming to him at second or third hand, and contradicted by the whole public life of Mr. Jefferson, he will pardon me for saying, does appear to my mind to be eminently apocryphal. But the senator permitted himself to refer to two public official acts of Mr. Jefferson, after his own refutal, many years ago, of the argument deduced from them; I mean his signing a bill to establish a branch of the bank at New Orleans, and a bill to punish the counterfeiting of the bills of the bank. Can I do better, in reply to this argument, than quote to the senator his own language? I know, indeed, his reluctance to have that speech referred to. [Mr. CLAY. Not at all; not at all.] I remember the signal vengeance with which one of the senators was visited who ventured to quote it, and I therefore felt some delicacy in referring to it myself. We are told, however, of the example of Mr. Madison, which, it is said, President Tyler must have had particularly in mind when he penned this passage. I have already adverted to Mr. Madison's views in relation to a national bank in 1791, views which never were retracted by him till 1815; but the senator tells us the president referred to his conduct in sanctioning by his signature the charter of the second bank of the United States, as that example by which he was himself to be governed. How does that example apply to the present case? Look at the letter written by Mr. Madison to Mr. Ingersoll in explanation of that act, and let any candid man say what is the deduction fairly to be drawn from it. It is this: that Mr. Madison had changed his opinion. Not that he still believed a bank unconstitutional, and, so believing, and signed the bill; but that his IN SENATE UNITED STATES, AUGUST 19, 1841. opinion as to its unconstitutionality had undergone a Mr. RIVES, said he came prepared to give a silent change; for, in the very first paragraph of that letvote on the bill, and he should have contented him-ter, he says that he considered "the constitutionality self with doing so, but for the observations which of the bank as sustained by the considerations" which had fallen from the senator from Kentucky in re- he proceeds to detail. I refer the senator to the let- In the able and eloquent speech made by the honorspect to the conduct of the president of the Unitedter itself. But that is not all. Before we condemn able senator against the constitutionality of a nationStates. Mr. R. had hoped the senator would have President Tyler, under existing circumstances, for al bank, in 1811, he used the following language: confined himself strictly to the merits of the ques-putting his negative on what he believes to be against "Gentlemen contend that the construction which tion before the senate. He told us, said Mr. R. that the constitution he has sworn to support, let those they give to the constitution has been acquiesced in the question was this: whether, the president having circumstances be compared with the circumstances by all parties and under all administrations; and they returned the bill for a fiscal bank with his excep-under which Mr. Madison acted. In the letter to rely particuarly on an act which passed in 1804 for tions thereto, the bill was such an one as ought to Mr. Ingersoll, Mr. Madison says the obligatory extending a branch to New Orleans, and another act pass by the constitutional majority of two-thirds, and force of precedents in interpreting the constitution of 1807 for punishing those who should forge or utter thus become a law of the land. Now, what was the depends, among other things "on the prospect which forged paper of the bank. With regard to the first real issue before the senate? Was it not on the naked there may be of a change of construction by the pub- law, passed no doubt upon the recommendation of question between the bill and the objections to it, as lic or its agents." The constitutionality of a bank the treasury department, I would remark that it was the extension of a branch to a territory, over which congress possesses power of legislation almost uncontrolled, and where, without any constitutional impediment, charters of incorporation may be granted." There is the answer-the triumphant, the conclusive answer. That branch was to be established in a territory, where the constitution expressly gives to congress a general discretionary legislative authority. This bill, on the contrary, contemplates the establishment of branches within the limits of sovereign states, in regard to which congress has none but specific powers, formally enumerated and defined. As to the other bill, to punish counterfeiters of the bank paper, what did the honorable senator also tell us in 1811? These are his words: and enlightened convention which assembled at Har- tion in favor of such an institution; and then only as a fiscal, and not as a commercial bank. I am reluctant, Mr. President, to refer to any thing that I may have said or done in the common cause [Mr. CLAY. The senator has stated this very dif- during the late contest, but I may be permitted to ferently from the manner in which I stated the say that I, for one, with an honest conviction of the fact. What I said was, that the president thought truth of the statement, and founding myself upon his opinions more extensively known than they ac- authentic declarations of General Harrison himself, tually were, and that the less consequence was did, in a published address to my fellow citizens, reattached to them where they were known, because present his personal and leaning opinions to be dehe was the candidate for the second office only.] cidedly against a bank of the United States. Certain I acquiesce in the senator's explanation. But was it is that hundreds and thousands of our countrymen not this a most extraordinary state of things? And voted for him without the least reference to a bank. did it not, if it were so, bespeak on the part of that The issue of bank or no banks was not made in the convention a signal instance of recklessness and presidential election. In the mind of the honorable want of consideration? The party, he says, were senator, no doubt, it was a prominent issue; but it intent on the one great object of an old fashioned was an issue his friends never ventured to propose to bank of the United States, and they knew that a bill the country. General Harrison, in the latest exchartering such a bank might be dependent for its pression of his opinions in the presidential canvas, (in fate on the casting vote of the vice president in this his Dayton speech,) said that there was no grant in body, (as it was when it was negatived by the po- the constitution of power to create a national bank, tential voice of George Clinton). Surely it would and "it could never be constitutional save in the have evinced a most extraordinary want of fore-event that the powers granted to congress could not sight, when such issues were depending, to select a be carried into effect without such an institution." candidate for that chair without the most careful That dura nesessitas must be clearly shown, or the inquiry into his constitutional opinions. Was John power to charter a bank did not exist. Yet we are Tyler so insignificant a character that they knew now told that John Tyler, by accepting the nominanothing of his past history? Where is the man, tion of the convention as their candidate for the whether member or spectator, within these walls, vice presidency, although his opinions against a nato whom his political principles and character were tional bank had been fully and repeatedly proclaimed, not more or less familiar? If there is any one thing and were borne on the most familiar records of the which has distinguished him above all other traits in national history, incurred an unqualified obligation his character, it is his undeviating adherence to the to sign a bill for a bank of the United States in the school of strict construction and state rights. Who contingency which has made him, in the place of the has forgotten when he stood proudly on this floor in lamented Harrison, president of the United States. a minority of one (on the occasion of the revenue collection bill in 1833), in vindication of what he deemed a vital doctrine of that school? "As to the other act, it was passed no less for the benefit of the community than the bank-to protect the ignorant and unweary from counterfeit paper, purporting to have been emitted by the bank. When gentlemen are claiming the advantage supposed to be deducible from acquiescence, let me inquire what they would have had those to have done who believed the establishment of the bank an encroachment upon state rights? Were they to have resisted, and how? By force?" The honorable senator then proceeds to bear the following testimony, as an actor in the scene, to the principles upon which both of those laws were passed: "The acts of 1804 and 1807, relied on as pledges for rechartering this company, passed not only without any discussion whatever of the constitutional power of of congress to establish a bank, but, I venture to say, without a single member having had his attention drawn to this question. I had the honor of a seat in the senate when the latter law passed, and I am firmly impressed with the belief, Mr. Presiprobably voted for it; and I declare with the utmost dent, that if General Harrison were now living, and sincerity, that I never once thought of that point, and in the same circumstances that surround President I appeal confidently to every honorable member who Who was ignorant of the part which had been as- Tyler, he would, like him, never yield his sanction was then present to say if that was not his situation." signed him by the senate, as a well known but ho-to the establishment of branches of such a corporaThe senator himself thus furnishes the true expla- norable and high minded opponent of the late Bank of tion as this bill proposes within the limits of the senation of the considerations on which those acts were the United States on constitutional grounds, to con- veral states, without their free and unshackled aspassed an explanation the benefit of which he must duct an investigation of the proceedings and affairs sent. In his letter to Sherrod Williams he says in justice extend to Mr. Jefferson, while he claims it of that institution? One would think that if gentle- (adopting the language of Gen. Jackson on a smilar for himself, and has so disposed of his own argument. men acted under a due sense of their responsibility occasion) that he believed a "bank of the United I hold, therefore, that, if President Tyler had re- to a great and patriotic party, and if they attached States, competent to all the duties which may be respect either to the "sage views" or the "ever-glorious a grave importance to the establishment of a national quired by the government, might be so organized as example" of the "fathers of the great republican bank, they would of course take care to select as not to infringe on our delegated powers or the reschool," he never could have brought his mind to the their candidate for the vice presidency one on whose served rights of the states;" and if after the example of conclusion that he was in duty bound to give his offi- decision they could rely. How was it in regard to the honorable senator from Kentucky, I may be percial signature and approval to such a bill as we sent General Harrison himself, the candidate selected for mitted to allude to a passage of the secret political him. the presidency? Was he a bank man? Was he history of the times, I will state that I have been inI beg leave to refer the honorable senator from identified with a national bank? Not at all. He, on formed that the assent of the states to branches within Kentucky to another passage in the inaugural address the contrary, expressly disclaimed it. He repelled their limits was a favorite and fundamental idea with of President Tyler, which he seems to have wholly the imputation as a political slander, and defied those him in the organization of such an institution. This overlooked, and which plainly intimates, as it who made it to the proof. If that had been the true information, at least, has been communicated to me pears to me, the determination of the president to issue at Harrisburg, all will concur with me when by gentlemen who stood in relations of the most intimake the constitution, in his own conscientious in- I say (and it gives me pleasure to pay a merited tri- mate confidence with Gen. Harrison, one of whom terpretation of it, the sole rule of his conduct. In bute to the high character of the gentleman from was a member of the committee who came to this the opening of that address he makes the following Kentucky) that he himself, and he only, would have city to perform the melancholy duty of attending the impressive reference to the solemn obligation he had remains of the deceased president to their final resttaken upon himself in assuming the office of chief ing place at North Bend." magistrate: "My earnest prayer," says he, "shall be to carry out understandingly the principles of that constitution which I have sworn to protect, preserve and defend.'" Why this emphatic reference to the constitution of his country, in connexion with the solemn sanction of his oath of office. If he did not intend to make it, under all circumstances, the primary and unbending rule of his official conduct? In the closing part of the same address he repeats, in the following language, a just admonition against the exercise of any power not clearly granted by the constitution. ap "Those (said he) who are charged with the administration of the government, should carefully abstain from all attempts to enlarge the range of powers thus granted to the several departments, other than by an appeal to the people for additional grants, lest by so doing they disturb that balance which the patriots and statesmen, who framed the constitution, designed to establish between the federal government and the states composing the union." Surely, with language like this upon his lips, and sentiments such as these in his heart, the president could not be justly expected to sign a bill which in his conscience he believed, and had so repeatedly and solemnly declared, to be contrary to the constitution of his country. There being then, nothing in the opinions of the fathers and founders of the republican school to induce President Tyler, as a consistent disciple of that school for twenty-five years past, and one who had over and over expressed his conviction of the unconstitutionality of a bank of the United States, to change that opinion, what course but that which he has pursued was left to him when the bill for such a bank was presented for his approval? The senator from Kentucky tells us that the opinion of the individual nominated, by the patriotic been thought of as the candidate for the presidency. I think it abundantly demonstrated that there was no such issue as bank or no bank presented to the nation in the late presidential election. And even if it was otherwise, the well-known opinions of Mr. Tyler as candidate for the vice presidency being not only not unrecanted, but, on the contrary, reaffirmed, he at least was under no pledge, expressed or impliLet me go a little more into detail as to the opi-ed, to give his sanction to an institution which he benions of General Harrison. What was his course in lieved to be unconstitutional. The question has been the other house of congress, in 1819, when he and raised here whether he will sanction any organizaPresident Tyler were gallant compeers in the first tion in the nature of a bank to conduct the fiscal afwar with the Bank of the United States? He went fairs of the government? I have no means of inforeven further than the president did in his opposition mation on this subject which are not common to other to the bank. John Tyler, in conformity with those gentlemen. From the terms of the executive mesconservative principles (I use the term in its broad sage I collect that, if some fiscal agency can be orand general sense) which form a part of the political ganized which, while its primary object is to conduct education of every Virginian, was unwilling to re- the financial operations of the government, would invoke a solemn charter, once granted; but General cidentally aid in regulating the exchanges and curHarrison, brought up as he had been in the bolder rency of the country, without infringing on the soand freer school of the west, was for a summary act, vereignty and reserved rights of the states, he would annulling the charter of the bank. To this vote he deem such an institution legitimate and constituhimself referred, as showing that he was no "bank" tional. Such an institution, I infer from the mesor "federal" candidate (to use his own words) for sage, would, in his view, be a different thing from the presidential office. In 1822, in a published ad- the former money lending, trading, speculating, stock dress to the people of his district, he openly and jobbing bank of the United States, ruling and riding distincly avowed his opposition to a bank. He there over the institutions and sovereignty of the states. proclaimed himself to be a disciple of the republican The senator from Kentucky infers, from the messchool of 1798, and explicitly declared his opinion sage, that President Tyler would not have sanctioned that the Bank of the United States had been esta- the bill had it been in a modified and restricted form, blished in violation to the constitution of the United so as even to require the assent of the states. States. In his letter of 1836, to Mr. Sherrod Wil- [Mr. CLAY said he must here again interpose. He liams, a distinguished member of congress from the felt very sure the honorable senator did not intend to senator's own state, he said he would not give his misstate any thing he had said. He did not say what sanction to a bank of the United States, unless, by the president would or would not do with regard to a the failure of all other expedients, it shonld be de-bank limited to the mere power of dealing in exmonstrated to be necessary to carry on the operations change. He had thought that, in respect to such a of government, and unless there should be a general bank, he would not have required the previous assent and unequivocal manifestation of the will of the na-of the states, as the senator now said he would. But what he had said was, that it must be manifest from the message that the president would have vetoed such a bank as was reported by the secretary of the treasury.] ment of the cabinet. [Mr. CLAY. I am the last person to suppose the senator purposes to misrepresent me; but he will recollect that, in speaking on that subject, I used the most guarded language. Three or four times I repeated that I spoke only according to the voice of rumor when I stated that the veto was against the unanimous opinion of the cabinet.] mise amendment (so called) did provide for an un- more readily, to resign rather than disobey the people of twenty-six states.] The senator complains of the manner in which the Mr. RIVES. The argument of the senator, as he president has expressed himself in the message.Mr. R. resumed. I am not authorised to say what Whatever, in some passages of that paper, may seem gislature of Virginia and Mr. Tyler, as a senator, the now puts it, begs the question. In the case of the lethe president would or would not have done in a hy-to the honorable senator from Kentucky as harsh, or, instructions came from the true constituent body-the pothetical case, which has not occurred, and is not at least, too energetic, nothing, I am sure, was fur-legislature of the state. But where are the instruclikely to occur. I conclude from the language of the ther from the mind of the president than to use lan- tions in this case from the constituents of the presimessage, that, whether in reference to an exchange guage which might seem wanting in respect to this dent? Will the senator tell me that the two houses bank or a bank of discount, if it were intended to be body, or any member of it. He knows too well the of congress are the constituents of the president, to pushed beyond a mere fiscal agency, and was to deal high and dignified courtesy which should preside whom he is responsible? in exchanges generally by an extended operation, over the relations of the co-ordinate departments of [Mr. CLAY. No, no; certainly not.] through branches in the states, he would hold the as- the government to indulge, for a moment, any feelsent of the states to be necessary, I wish it, how-ing inconsistent with that courtesy. If, in the force whole people of the United States, to make a case Well, then, if the president's constituents are the ever, to be distinctly understood that I do not say and earnestness of his convictions, he has used lan- analogous to the instructions of a state legislature to this by authority of the president. It is not necessa-guage of corresponding energy, it must be set down a senator chosen by them, the instructions to the prery at this time to discuss the question what would or to that account alone, and may plead some indul-sident must come from the original source of power, would not satisfy the views expressed by him. But gence from the example of the honorable senator, in (the people by whom he is chosen), and not from the the senator from Kentucky, by way of picturing to whose bold and commanding eloquence words are representatives of that power in congress. Congress us, in bolder relief, the rebellious contumacy of the wont to bear the impress of his own fervid concep- may erroneously represent the wishes of the people. president, says that his veto of this bank bill is tions. The people themselves, and they alone, are the conagainst the general sense of the country, against the I have a few words now to say as to the alterna-stituents of the president. When Mr. Madison, in will of congress, and against the unanimous senti- tives which the senator tells us the president ought 1815, vetoed a bank bill which had passed congress to have embraced rather than to have returned this by a vote of three to one, was he to consider himself bill with objections. The first of these alternatives as instructed by the representatives of the people in was to suffer the bill, unsigned, to become a law af- congress, and, if he could not comply with their ter the lapse of ten days, as provided in the constitu- wishes, was he bound to resign? His very last act tion. And what would this be but an ignominious was a veto. It was his veto of the bonus bill for inretreat from duty, instead of manfully and boldly ternal improvements-a bill that was carried by Mr. meeting the responsibility of his high station? With Madison's own political friends. Yet, in disregard all respect for the honorable and distinguished sena- of the rule now set up that a president is bound to Mr. R. The senator most certainly did refer to tor, I will say that he himself is the last, the very obey the behests of the party which put him into the unanimous opinion of the president's cabinet. last man to practice what he preaches. Let him power, Mr. Madison vetoed the bill. He ought, ac[Mr. CLAY. To rumor, as stating it was unani-point us to a single circumstance in his own "glorious cording to the modern doctrine, rather to have remous.] Mr. R. To rumor, then. It is immaterial in what example" which would sanction any thing like a signed his high office, with all its solemn responsibiskulking from duty. Never, never. What are the lities. Mr. Madison was of all men the most mild, form he stated it. Observant as that senator usually principles on which the constitution is founded? Is moderate and self-denying in the exercise of power, is of the delicacy due to the official relations of the not the executive department co-ordinate with the and yet he did not hesitate to apply the corrective of chief magistrate, did he think, when he represented, legislative, and intended to check, when occasion re- the veto in half a dozen instances during his admieven on the authority of rumor, that the cabinet were quires, an improper exercise of the legislative autho- nistration, and that, in several cases, when there unanimously opposed in sentiment to a high official rity? The constitution supposes that such an exer- were most imposing majorities of congress in favor act of the president, that the chief magistrate, whom cise of the legislative power may sometimes happen. of the measures he returned to them with objections. the constitution makes responsible for all the acts of It takes it for granted that congress may, in an un- General Harrison, under whose banner we all rallithe executive department, should be overruled and guarded moment, invade the rights of the states, or ed in the late political contest, declared himself that controlled in his high and responsible functions by commit other violations of the instrument which de- the veto was the conservative power of the constituofficers of his own appointment, virtually irresponsi- fines its powers. Hence it places in the hand of the tion provided for three cases: first, where there was ble to the people but through him? Did he suppose president the veto power, that he may stand in the a violation of the constitution; second, where the that officers, intended by the constitution as aids to breach, and, in the language of his official oath, de- rights of the states are invaded; and, third, where lethe president, and subordinate to him, were to re-fend and preserve and protect the constitution. I am gislation has been hasty, and without due deliberaverse that relation, and erect themselves into dicta- proud to say for the president that such an alterna- tion. All these three considerations unite in the case tors to the president? I am persuaded that those tive as letting the bill become a law by the lapse of of the present bill. In the president's view, it viogentlemen themselves would be the last to assert any the ten days, however it may have presented itself to lates the constitution, it disregards the rights of the such pretension. But as the question has arisen, I the imagination of the honorable senator, never once states, and it has been passed without allowing time will for one say that the president, in our system, entered the mind of the president. I trust never to for a sufficient manifestation of the popular will.— being alone responsible for his official conduct, and see a native of that proud old commonwealth, which But I go further; I ask, has the bill received the in a peculiar and emphatic manner for the exercise claims the senator from Kentucky himself as one of sanction even of a majority of the representatives in of the veto power, can legitimately acknowledge no the noblest of her sons, fly to such a refuge. congress on that characteristic feature of the bill control in those high functions but that of his conBut the senator refers us to another alternative which the president complains of? I say that, so far science. within the power of the president, viz: the resigna- as that particular clause-the distinguishing one of The senator must be persuaded that nothing is tion of his office; and he adverts to an example in the the measure-is concerned, the bill was passed by a further from my intention than to misrepresent his president's own history where he once resigned his minority of the whole number of members of either sentiments; but the justice I feel due to a high offi-seat in this body rather than obey instructions by house. Now, if other presidents have been sustaincer, who has discharged, as President Tyler has giving a vote which he deemed to be a violation of ed in rejecting measures which passed by indisputadone, a solemn and deeply responsible obligation to the constitution. I ask, in what circumstances did ble and overwhelming majorities, shall President the constitution and to his country, demands that he Mr. Tyler stand at that time? The legislature of Tyler be condemned for vetoing a bill which has not should be shielded from the insinuation of having Virginia, which gave the instructions, were, under even the approbation of a majority of either house acted in any manner in violation of the claims of the constitution, the constituents of the senator. He of congress? good faith to those who raised him, by their voices, is responsible to them, and, according to the univerI trust I have shown that there is no ground for sally received doctrine in Virginia, he was bound to imputation or complaint againt the president in the The senator intimated that when offering his last obey or resign. But, I ask, does the congress of the high constitutional duty he has performed. The seamendment to the bill, as a compromise, he believed United States stand in that relation to the president? nator from Kentucky thinks the president looked too that that amendment would be acceptable here and Is the president of the United States the representa- much into his own heart in that case; but where else elsewhere-to the president as well as his friends. I tive of congress? He derives his authority from the can an honest and conscientious man look for guidsovereign people and the states, just as do the mem-ance in the discharge of duty. That good and gracious bers of either house of congress. They are both re- Being in whose name he assumed the solem responsipresentatives alike of the people of the United States. bilities of his office having given him that internal Will the senator say that the executive is to be sub-monitor for his guidance, what other was he to conservient to the legislative department of government? sult? The president, under a deep sense of his reWe have heard much of executive dictation, how-sponsibility to the country in all her great interests ever little we have seen of it, since the inauguration and hopes-constitutional, political, moral, econoof the present chief magistrate; yet, if the doctrine mical-has preferred to act a painful and unwelcome of the senator from Kentucky is to prevail, there will part rather than betray his duty to the constitution, spring up a standing legislative dictation and supre- which he had sworn to "preserve, protect and deLet me now give the history of the affair, as it ap-macy. No, sir, no. The president never was meant fend." Never were the motives of a public servant, pears in documentary evidence. Was it not well to be the mere tool of legislative will. in my humble judgment more worthy of indulgence understood at the commencement of our session that [Mr. CLAY here interposed. I am very sure the and respect. With this conviction rooted in my mind, there were serious constitutional difficulties in the honorable senator cannot intend to present an erro- I, for one, can never consent to hear his conduct imexecutive department in regard to an old fashioned neous statement of my remarks; yet he is under a pugned without raising my poor voice in his defence. bank of the United States? Were not these difficul- great misapprehension of them. I did not say the The senator from Kentucky-with no small draties plainly referred to in the report of the secretary president ought to resign. I said that there were be- matic effect-applying the language of the president, of the treasury? And did not the honorable senator fore him two other alternatives besides the veto. I in relation to his own case, to the dissimilar one of himself call upon that officer for the details of a plan said that when his constituency in Virginia required which should be free from constitutional difficulties him to give a vote which was in his view, incompaAnd was it not understood that the plan submitted in tible with the constitution, sooner than comply with answer to that call contained the ultimatum of the such a requisition he resigned his seat; that, now, his president, after a full consultation with his official constituency were the people of the United States, advisers? And what was the sine qua non in that and he had good evidence that it was their opinion plan? Was it not the unqualified previous assent of he ought to sign such a bill, and he could not do it; the states to branches within their limits? But the then, if he resigned, rather than disobey the people senator will not, I am sure, contend that his compro- of one state, he ought, upon his own principle, yet to his elevated station. do not know whence the honorable senator derived such an impression. [Mr. CLAY. The senator again mistakes my language. I said that I did not know whether the amendment would be acceptable or not; but that hoped it would prove acceptable not only here, but elsewhere.] I have only to say, then, said Mr. R. that I can see no adequate foundation for such a hope in any of the public proceedings connected with this bill. I Mr. Madison, asked if James Madison, by signing the bank bill of 1816, had forfeited the respect of all virtuous men? It is sufficient to say as I have already shown, that the circumstances under which Mr. Madison acted, whether reference be had to his personal opinions or the public opinon of the times, were entirely different; and the language of the president, therefore, quoted by the senator from Kentucky, cannot, by any violence of implication, be I considered as casting the slightest censure on that preceded it. That gentleman stands in a peculiar can I have other than the success, the triumph, the venerable and venerated name. situation. I found him several years ago in the half-glory of the whig party? But that there may be deI beg leave to be indulged with a word or two as way house, where he seems afraid to remain, and from signs and purposes on the part of certain other into the course it now devolves upon us to take. The which he is yet unwilling to go. I had thought, af- dividuals to place me in inimical relations with the senator from Kentucky says he hopes we shall go on ter the thorough riddling which the roof of the house president, and to represent me as personally opposed and perfect a new bank bill. While I avow myself had received in the breaking up of the pet bank sys- to him, I can well imagine-individuals who are willing, if such a bill shall be presented as my judg- tem, he would have fled some where else for refuge; beating up for recruits, and endeavoring to form a ment can approve, to give it my support, I must be but there he still stands, solitary and alone, shivering third party with materials so scanty as to be wholly permitted to say that, in my opinion, we shall better and pelted by the pitiless storm. The sub-treasury insufficient to compose a decent corporal's guard. I consult our duty to the country and the subject if is repealed-the pet bank system is abandoned-the fear there are such individuals, though I do not we do not attempt a second bill at this time. It is a United States bank bill is vetoed-and now, when charge the senator as being himself one of them. great, a difficult, a complex question. It is a ques- there is as complete and perfect a re-union of the What a spectacle has been presented to this nation tion on which the country is more divided probably purse and the sword in the hands of the executive as during this entire session of congress! That of the than on any other; especially as to the form which ever there was under General Jackson or Mr. Van cherished and confidential friends of John Tyler, pera bank shall assume. I may conclude, if you please, Buren, the senator is for doing nothing! The senator sons who boast and claim to be, par excellence, his that there is a majority in the country in favor of a is for going home, leaving the treasury and the exclusive and genuine friends, being the bitter, sysfiscal institution of some kind, and which shall ren-country in their lawless condition! Yet no man has tematic, determined, uncompromising opponents of der some incidental assistence to the currency and heretofore, more than he has, deplored and deprecat- every leading measure of John Tyler's administrathe exchanges of the country; yet, as to the form of ed a state of things so utterly unsafe and repugnant tion! Was there ever before such an example prethe institution, its powers, its capital and all its de- to all just precautions, indicated alike by sound sented, in this or any other age, in this or any other tails, men are more divided in opinion than about theory and experience in free governments. And the country? I have myself known the president too long, any thing else. No project has as yet received the senator talks to us about applying to the wisdom of and cherish towards him too sincere a friendship, to support of a majority either of congress or of the practical men, in respect to banking, and advises allow my feelings to be affected or alienated by any people. The presses even which support the honora- further deliberation! Why I should suppose that we thing which has passed here to-day. If the president ble senator do themselves now say of his bill that it are at present in the very best situation to act upon chooses-which I am sure he cannot, unless falsewould have been inoperative and its loss is no cala- the subject. Besides the many painful years we have hood has been whispered into his ears or poison mity to the country. Shall we, then, when we are had for deliberation, we have been near three months poured into his heart-to detach himself from me, all worn out, in mind and body, by our unnatural almost exclusively engrossed with the very subject shall deeply regret it, for the sake of our common labors in these dogdays, be called upon to make yet itself. We have heard all manner of facts, state- friendship and our common country. I now repeat another disastrous experiment? say to this side of ments, and arguments in any way connected with it. what I before said, that, of all the measures of rethe house, and I would say to the other side, (if I We understand, it seems to me, all we ever can learn lief which the American people have called upon us could be permitted to do so without treason to par- or comprehend about a national bank. And we have, for, that of a national bank and a sound and uniform ty), shall we, at this moment, with all the evidences at least, some conception too of what sort of one will currency has been the most loudly and importunately of extensive dissidence as to such a measure before be acceptable at the other end of the avenue. Yet demanded. The senator says that the question of a us, rush on blindfold, and in triple hast seek to get now, with a vast majority of the people of the entire bank was not the issue made before the people at the up another crude scheme for the finances of the coun- country crying out to us for a bank-with the people late election. I can say, for one, my own conviction try? I would respectfully say, no. If prudence is to throughout the whole valley of the Mississippi rising is diametrically the contrary. What may have been have any thing to do in guiding our councils, I would in their majesty, and demanding it as indispensable the character of the canvass in Virginia, I will not say again, no. Mr. Gallatin, in his late admirable to their well being, and pointing to their losses, their say; probably gentlemen on both sides were, every pamphlet on the currency, says, most truly, that a sacrifices, and their sufferings for the want of such where, governed in some degree by considerations of bank of the U. States, from its intrinsic unpopularity an institution-in such a state of things, we are local policy. What issues may therefore have been and liability to abuse, is a subject which, above all gravely and coldly told by the honorable senator from presented to the people of Virginia, either above or others ought to be acted on "with great caution and Virginia, that we had best go home, leaving the purse below tide-water, I am not prepared to say. The due deliberation." Mr. Appleton, too, than whom and the sword in the uncontrolled possession of the great error, however, of the honorable senator is in no man has evinced a greater acquaintance with the president, and, above all things, never to make a thinking that the sentiments of a particular party in whole subject, tells us that "the establishment of a party bank! Why, sir, does he, with all his know- Virginia are always a fair exponent of the sentiments bank of the United States is the last thing to be done ledge of the conflicting opinions which prevail here, of the whole union. [A laugh.] I can tell that sein haste, or as a mere party measure." I never will and have prevailed, believe that we ever can make nator that wherever I was in the great valley of the agree to act upon any measures touching the great a bank but by the votes of one party who are in favor Mississippi-in Kentucky-in Tennessee-in Maryand vital interests of the country as a party measure. of it, in opposition to the votes of another party land-in all the circles in which I moved, every where, We are entitled to the joint wisdom of the whole against it? I deprecate this expression of opinion "bank or no bank" was the great, the leading, the people, and every part of them, in adjusting this great from that gentleman the more, because, although the vital question. At Hanover, in Virginia, during the common interest. Let us, then, for the present pass honorable senator professes not to know the opinions last summer, at one of the most remarkable and rethe subject by. One bill has been rejected by the of the president, it certainly does turn out in the se- spectable and gratifying assemblages that I ever atpresident, and has failed to command the approba- quel that there is a most remarkable coincidence be-tended, I distinctly announced my conviction that a tion of a majority of either house of congress. Many tween those opinions and his own; and he has, on the bank of the United States was indispensable. As to whigs are, to my certain knowledge, at this moment present occasion, defended the motives and the course the opinion of General Harrison, I know that, like heartily rejoicing in the defeat of that measure. I of the president with all the solicitude and all the many others, he had entertained doubts as to the conhave in my pocket a letter from an eminent whig fervent zeal of a member of his privy council. [A stitutionality of a bank; but I also know that, as the financier congratulating the country on the loss of laugh.] There is a rumor abroad that a cabal exists election approached, his opinion turned more and the bill. We have done much in repealing the sub-a new sort of kitchen cabinet-whose object is the more in favor of a national bank; and I speak from treasury. dissolution of the regular cabinet-the dissolution of my own personal knowledge of his opinions when I We have thus taken an obstacle out of the way of the whig party-the dispersion of congress, without say that I have no more doubt he would have signed the resumption of specie payments; for it has been accomplishing any of the great purposes of the extra that bill than that you, Mr. President, now occupy most truly said that that system wreaked its ven-session-and a total change, in fact, in the whole face that chair, or that I am addressing you. geance only on specie paying banks, while to those of our political affairs. I hope, and I persuade my- I rose not to say one word which should wound the which did not pay specie its requirement of bullion self, that the honorable senator is not, cannot be, one feelings of President Tyler. The senator says that, was a matter of indifference. Where is the gentle-of the component members of such a cabal; but I if placed in like circumstances, I would have been man who will not admit that the incorporation of a must say that there has been displayed by the honor- the last man to avoid putting a direct veto upon the national bank will, for the time, operate as an ob-able senator to-day, a pre-disposition, astonishing and bill, had it met my disapprobation; and he does me stacle to resumption? On that point, I refer gentle- inexplicable, to misconceive almost all of what I the honor to attribute to me high qualities of stern men again to the able pamphlet of Mr. Appleton. I have said, and a perseverance, after repeated cor- and unbending intrepidity. I hope that in all would prefer, indeed, that some temporary act be rections, in misunderstanding-for I will not charge that relates to personal firmness-all that concerns passed limiting the discretion now left to the execu-him with wilfully and intentionally misrepresenting a just appreciation of the insignificance of hutive in relation to the custody and management of the whole spirit and character of the address which man life-whatever may be attempted to threaten or the revenue. But, if we cannot agree even on that, as a man of honor and as a senator, I felt myself alarm a soul not easily swayed by opposition, or let the question be adjourned-let us take time for bound in duty to make to this body. awed or intimidated by menace-a stout heart and a deliberation-for reflection-for comparison of views. The senator begins with saying that I charge the steady eye that can survey, unmoved and undaunted, Let us call in the aid of practical men. Let us not president with "perfidy!" Did I use any such lan- any mere personal perils that assail this poor transiattempt to arrange in haste the details of such an in-guage? I appeal to every gentleman who heard me ent, perishing frame, I may, without disparagement, stitution on mere theoretical or party principles; but to say whether I have in a single instance gone be- compare with other men. But there is a sort of let us build up, with cautious deliberation, a system yond a fair and legitimate examination of the execu- courage which, I frankly confess it, I do not possess which will stand the test of scrutiny and time, and tive objections to the bill. Yet he has charged me with a boldness to which I dare not aspire-a valor be worthy of the administration and the country. All "arraigning" the president, with indicting him with which I cannot covet. I cannot lay myself down in previous systems have been rejected and condemn- various counts, and with imputing to him motives the way of the welfare and happiness of my country. ed—the sub-treasury-the pet banks-an old-fashion- such I as never even intimated or dreamed, and that, That I cannot, I have not the courage to do. I caned bank of the United States-a new fashioned fiscal when I was constantly expressing, over and over, my not interpose the power with which I may be investagent. We have before us a complete tabula rasa personal respect and regard for President Tyler, for ed-a power conferred not for my personal benefit, appealing emphatically to all parties to lay down, so whom I have cherished an intimate personal friend-nor for my aggrandizement, but for my country's far as this question is concerned, former preposses- ship of twenty years standing, and while I expressly good-to check her onward march to greatness and sions on the altar of the country, and to unite in an said that if that friendship should now be interrupted, glory. I have not courage enough, I am too cowardly honest and patriotic effort to build up a permanent it should not be my fault! Why, sir, what possible, for that. I would not, I dare not, in the exercise of system for the common good. what conceivable motive can I have to quarrel with such a trust, lie down, and place my body across the president, or to break up the whig party? What the path that leads my country to prosperity and hapearthly motive can impel me to wish for any other piness. This is a sort of courage widely different result than that that party shall remain in perfect harmony, undivided, and shall move undismayed, boldly, and united forward to the accomplishment of the all-important public objects which it has avowed to be its aim? What imaginable interest or feeling MR. CLAY'S REJOINDER. Mr. CLAY rose in rejoinder. I have no desire, said he, to prolong this unpleasant discussion, but I must say that I heard with great surprise and regret the closing remark especially, of the honorable gentleman from Virginia, as, indeed, I did many of those which from that which a man may display in his private conduct and personal relations. Personal or private courage is totally distinct from that higher and nobler courage which prompts the patriot to offer himself a voluntary sacrifice to his country's good. Nor did I say, as the senator represents, that the FIRST SESSION. SENATE. AUGUST 26. Mr. Tappan, from the joint committee on the library, reported, with amendments, the resolution for the distribution of the printed returns of the 6th census. after brief remarks by various senators, was laid The distribution and pre-emption bill was again of the largest dealers in these articles in New York; much revenue as a duty of 123 per cent.; and that this would not yield as much as a duty of five or six per cent. They based this opinion on the ground that these being articles of very great value, and of small compass, were very likely to be smuggled, and would be almost entirely, if the duty were increased. A package of 15 or 16 inches square, might be worth five or six thousand dollars, and might be smuggled beyond the possibility of detection. This increase of duty would make an established system of smuggling these articles, and thus entirely derange the trade, and destroy those men who had too much principle to enter into this system. He should therefore rote against the amendment. president should have resigned. I'intimated no per- TWENTY-SEVENTH CONGRESS, that a 20 per cent. duty on them, would not yield as sonal wish or desire that he should resign. I referred to the fact of a memorable resignation in his public life. And what I did say was, that there were other alternatives before him besides vetoing the bill, and that it was worthy of his consideration whether consistency did not require that the example which he had set when he had a constituency of one state, should not be followed when he had a consistency The fortification bill was taken up, the question being commensurate with the whole union. Another al-on concurring in the amendments of the house, and ternative was to suffer the bill, without his signature, to pass into a law under the provisions of the constitution. And I must confess I see, in this, no such escaping by the back-door, no such jumping out of the window, as the senator talks about. Apprehensions of the imputation of the want of firmness some-the bill. times impel us to perform rash and inconsiderate acts. It is the greatest courage to be able to bear the imputation of the want of courage. But pride, vanity, egotism, so unamiable and offensive in private life, are vices which partake of the character of crimes in the conduct of public affairs. The unfortunate victim of these passions cannot see beyond the little, petty, contemptible circle of his own personal interests. All his thoughts are withdrawn from his country, and concentrated on his consistency, his firmness, himself. The high, the exalted, the sublime emotions of a patriotism, which, soaring towards Heaven, rises far above all mean, low or selfish things, and is absorbed by one soul-transporting thought of the good and the glory of one's country, are never felt in his impenetrable bosom. That patriotism which, catching its inspirations from the immortal God, and leaving an immeasurable distance below all lesser, grovelling, personal interests and feelings, animates and prompts to deeds of self-sacrifice, of valor, of devotion and of death itself-that is public virtue-that is the noblest, the sublimest of all public virtues. I said nothing of any obligation on the part of the president to conform his judgment of the opinions of the senate and house of representatives, although the senator argued as if I had, and persevered in so Mr. Smith, of Indiana, expressed the hope that the motion would not prevail, as an adjournment was agreed to yesterday, with the understanding that the question on the passage of the bill should be taken to-day. Mr. Clay said the amendment would be disposed Some remarks were made on collateral issues, by of as the senate thought proper; he would, however, Messrs. Archer, Sevier, Linn and Clay, ask the yeas and nays, as it was a question which had Mr. Rives advocated, and Mr. Benton at length op-created considerable excitement, that the opinions of posed the bill. Without concluding his remarks, the senators might be seen. The committee had had belatter gentleman gave way to a motion from Mr. fore them when this matter was under consideration, Clay, of Ala. to adjourn. some intelligent dealers in these articles, who were decidedly in favor of an increase of the duty. He had told them he believed it would encourage smuggling, and not add to the revenue; but they believed they could prevent this. They knew the principal importers of these goods, and they intended to make an arrangement among the dealers throughout the country, to assist the collector in detecting the smuggling that might be committed, and bringing those engaged in it to punishment. Under this consideration, he believed it would operate beneficially to increase the duty. These articles produced but little duty at any rate, and they had proposed this increase on them as their exemption from duty was the cause of some dissatisfaction throughout the country; it was believed these ought more properly YEAS-Messrs. Archer, Barrow, Bates, Bayard, to be taxed than many other articles. He hoped the Berrien, Choate, Clay, of Ky. Clayton, Dixon, Evans, provision would be retained, but it was for the seGraham, Henderson, Huntington, Kerr, Mangum, Mer-nate to decide. He asked the yeas and nays on the rick, Miller, Morehead, Phelps, Porter, Prentiss, Rives, amendment; which were ordered. Simmons, Smith, of Ind. Southard, Tallmadge, White, Woodbridge-28. The motion was negatived: yeas 15, nays 31. This motion failed: yeas 22, nays 29. The bill was then finally passed, by the following vote: NAYS--Messrs. Allen, Benton, Buchanan, Calhoun, Mr. Calhoun said he thought the senator from Kentucky would see that, as they were not prepared arguing, after repeated corrections. I said no such Clay, of Alabama, Cuthbert, Fulton, King, Linn, Mc. for the consideration of the bill, it would be better to thing. I know and respect the perfect independence of each department, acting within its proper sphere, of other departments. But I referred to the majorities in the two houses of congress as further and strong evidence of the opinion of the people of the United States in favor of the establishment of a bank of the U. States. And I contended that, according to the doctrine of instructions which prevailed in Virginia, and of which the president is a disciple, and, in pursuance of the example already cited, he ought not to have rejected the bill. Roberts, Mouton, Nicholson, Pierce, Preston, Sevier, And then the senate adjourned. The bill from the house making appropriations for The bill from the house making appropriations for the post office department, was twice read and referred to the committee on post offices and post roads. The resolution for the distribution of the returns of the 6th census, was taken up, and the amendment of the house concurred in, and also an additional amendment increasing the number of copies. The bill from the house, "relating to duties and drawbacks," was announced, as the general order, and after some conversation, taken up. put it over till Monday, or to to-morrow; let some time be fixed, and they could have opportunity to examine it. He agreed with the senator that it was important to give satisfaction to the people; but the best manner to do this, was to go on and do their duty.He opposed putting the duty on these articles, for, however vigilant the dealers might be, they could not prevent smuggling. They would be entirely smuggled, if the duty were 25 per cent. He would do what was right, and if any one would move it, he would vote to reduce the duty to 5 per cent. and we should then raise more revenue from them. He hoped the senator would put over the subject till to morrow. Mr. Clay said he merely proposed to commence the work now, and take the question on the amendments of the committee. The question on this was plain, and every senator must understand it. It was merely whether a duty on jewelry and luxuries should be increased to 25 per cent. or not. It could admit of no argument, and he did not intend to dis cuss it. Mr. Henderson said he should vote against the amendment, as these articles would not bear such a duty; the increase of which, by encouraging smuggling, would not add to the revenue. Mr. Smith, of Connecticut, should vote against the amendment. Mr. Woodbury said the argument against thisthat it would tend to an increase of smuggling, would cut into the whole bill, and equally apply to sewing silk and all other articles. They should do their duty, and when the revenue needed an increase, they ought to levy higher duties, on the proper articles, and then provide for the carrying out of the law, and the prevention of smuggling. I have heard that, on his arrival at the seat of the general government to enter upon the duties of the office of vice president, in March last, when interrogated how far he meant to conform in his new station, to certain peculiar opinions which were held in Virginia, he made this patriotic and noble reply: "I am vice president of the United states, and not of the state of Virginia; and I shall be governed by the wishes and opinions of my constituents." When I heard of this encouraging satisfactory reply, believing, as I most religiously do, that a large majority of the people of the United States are in favor of a national bank, (and gentlemen may shut their eyes to to the fact, deny or dispute, or reason it away as they please, but it is my conscientious conviction The amendments of the committee were first in that two-thirds, if not more, of the people of the order. The first of these, was to take from the list United States desire such an institution), I thought of articles exempted from the proposed duty, of I beheld a sure and certain guaranty for the fulfil- twenty per cent. the following: gold and silver, and ment of the wishes of the people of the United States. other watches, and parts of watches, gold and silver I thought it impossible that the wants and wishes of lace and embroidery, laces of thread, silk or cotton, a great people, who had bestowed such unbounded and all articles composed wholly or chiefly of gold or and generous confidence, and conferred on him such silver, gems and precious stones, pearls of all kinds exalted honors, should be disregarded and disap- when set, jewelry, and including paste." (The efpointed. It did not enter into my imagination to con- fect of the amendment is to expose these to the duty ceive that one, who had shown so much deference of twenty per cent.) and respect to the presumed sentiments of a single Mr. Clay, of Kentucky, said that the committee Mr. Allen should vote for this amendment. He state, should display less towards the sentiments of after consideration had thought best, that the rate of thought the increase of duty to 20 per cent. would the whole nation. duty on these articles should be increased. They tend to no more smuggling than a duty of ten per I hope, Mr. President, that, in performing the pain-were articles, which were liable to be smuggled, and cent. He looked on the bill as a most odious meaful duty which had devolved on me, I have not trans- from this cause, he did not know as an increase of sure-as an attempt to tax the necessaries of life for cended the limits of legitimate debate. I repeat, in duty on them would produce more revenue than the distribution. He had no apprehension of the result all truth and sincerity, the assurance to the senate present rates. They had had various petitions on of appealing to the people on this subject; and he and to the country, that nothing but a stern, reluct- the subject, some desiring, others opposing an in- now gave notice that when the distribution bill and ant, and indispensable sense of honor and of duty crease of duty on these articles. But most of the the tariff bill would become a law-when a duty of could have forced from me the response which 1 persons dealing in them were extremely anxious that 20 per cent. should be levied on the necessaries of have made to the president's objections. But, in- they should be subjected to higher duty; and more- life, for distribution for the benefit of British bankers, stead of yielding without restraint to the feelings of over, he believed that economical considerations re- he would introduce a bill to repeal both acts. disappointment and mortification excited by the quired a higher duty on them for the purpose of re- Mr. Clay, of Alabama, should vote for the amendperusal of his message, I have anxiously endeavor-venue. It was from this reason that the committee ment. If they were to exempt any class of articles ed to temper the notice of it, which I have been com- had proposed the amendment, on which it was for from duties, it ought to be those which were conpelled to take by the respect due to the office of chief the senate to decide. sumed by the poorer class of people. The only obmagistrate, and by the personal regard and esteem Mr. Wright doubted the propriety of the amend-jection he had heard against this amendment was, which I have ever entertained for its present incum-ment, from no feeling to favor the articles by exempt-that it would increase the smuggling of these artiing them from duty, but from representations of some cles. He did not know how great an effect of this bent. |