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Unus multorum-

[APRIL 21, 1834.

situation of our country? What is it now? And what has produced the rapid and alarming change? Within that time, strong and marked divisions, partly of princi-I do not, and I cannot, wholly deny their influence. ple, partly sectional, developed themselves in the nation, Yet it would have required but a tinge of superstitious took strong possession of the public mind, and fixed the gloom to have drawn from that event darker forebodings attention, and absorbed the feelings of the people. Our of that which was to come. In our primitive wilds, where constitution, and the powers which it confers upon the the order of nature is unbroken by the hand of man; there, national legislature, became a subject of deep and all-per- where majestic trees arise, spread forth their branches, vading interest; the one would limit to the strict letter of live out their age, and decline; sometimes will an ancient the instrument, the other would extend, by a rational and patriarchal plant, which has stood for centuries the winds necessary intendment, those powers. The present Chief and storms, fall when no breeze agitates a leaf of the Magistrate, and those who most adhere to him, assumed trees that surround it. And when, in the calm stillness a doubtful station, now flattering the hopes, and now of a summer's noon, the solitary woodsman hears on either alarming the fears of each of the contending parties, as he hand the heavy crash of huge branchless trunks, falling seemed disposed to incline to or oppose their doctrines. by their own weight to the earth from whence they Thus the contest was encouraged and kept up with fierce- sprung, prescient of the future, he foresees the whirlness and violence. Public attention was fixed and cen- wind at hand, which shall sweep through the forest, break tred upon that struggle; while the Executive was (some- its strongest stems, upturn its deepest roots, and strew in times gradually, at other times by a bold and sudden the dust its tallest, proudest heads. But I am none of wrench) drawing and seizing all the powers of Govern- those who indulge in gloomy anticipation. I do not dement to himself, and even those who watched the legisla-spair of the republic. My trust is strong that the gallant tive power with the most suspicious jealousy, permitted ship, in which all our hopes are embarked, will yet outhis enormous strides to dominion for a long time to pass ride the storm; saved alike from the breakers and billows unheeded, and without censure. Heavily did the vessel of disunion, and the greedy whirlpool-the all-ingulfing of state labor in her onward course, under this various maelstrom of executive power-that unbroken, if not unharmed, she may pursue her prosperous voyage far down the stream of time; and that the banner of our country, which now waves over us so proudly, will still float in triumph, borne on the winds of Heaven, fanned by the breath of fame, every stripe bright and unsullied, every star fixed in its sphere, ages after each of us now here shall have ceased to gaze on its majestic folds forever. When Mr. EWING had concluded

pressure:

"Harder beset,

And more endanger'd, than when Argo pass'd Through Bosphorus, betwixt the jutting rocks; Or when Ulysses, on the larboard shunn'd Charybdis, and by the other whirlpool steer'd." Still, she has thus far won her way, amid the fighting elements; but the rocks, and shoals, and whirlpools, are not yet passed, and no quiet haven is in sight. We have long seen and felt the downward tendency of things, but could scarcely poise ourselves in calmness to resist or check its motion; for so rapid has been the torrent which dashes and rolls us onward, that the head becomes giddy, and the mind bewildered, and the eye dim, as we gaze upon the billows which rush and foam asound us.

Mr. KANE obtained the floor, but gave way to

Mr. WILKINS, who said he would move, if there was no indisposition on the part of gentlemen to take up the business connected with the foreign relations of the country, which he had mentioned before, that, for that purpose, the Senate go into Executive session.

Mr. POINDEXTER would prefer the postponement of Executive business until to-morrow.

Mr. CALHOUN hoped the motion of the honorable gentleman from Pennsylvania, [Mr. WILKINS,] would prevail, and that it would be acted upon.

Mr. CLAYTON did not perceive the necessity of going into Executive business.

Sir, our republic has long been a theme of speculation among the savans of Europe. They profess to have cast its horoscope, and fifty years were fixed upon by many as the utmost limit of its duration. But those years passed by, and bebeld us a united and a happy people; our political atmosphere agitated by no storm, and scarcely a cloud to obscure the serenity of our horizon-all of the present, was prosperity; all of the future, hope. True, upon the The question was then taken upon Mr. WILKINS'S day of that anniversary two venerated fathers of our free- motion, when there appeared-ayes 18, noes 20. dom and of our country fell; but they sunk calmly to rest, So the Senate refused to go into Executive session. in the maturity of years and in the fulness of time; and Mr. FORSYTH offered an amendment to the first resotheir simultaneous departure on that day of jubilee, for lution proposed by Mr. POINDEXTER, which was, after the another and a better would, was hailed by our nation as a words "17th instant," to insert "in the following words:" propitious sign, sent to us from Heaven. Wandering the and then to recite the whole of the message of the Presiother day in the alcoves of the library, I accidentally dent; and, in the third resolution, to insert after the words opened a volume containing the orations delivered by "with the declaration that accompanied it"-" containing many distinguished men on that solemn occasion, and 1 the following words," and then to recite the whole of that noted some expressions of a few who now sit in this hall, declaration. which are deep fraught with the then prevailing, I may say universal, feeling. It is inquired by one, "Is this the effect of accident or blind chance? or has that God, who holds in his hands the destiny of nations and of men, designed these things as an evidence of the permanence and perpetuity of our institutions?" Another says, "Is it not stamped with the seal of Divinity?" And a third, descanting on the prospects bright and glorious which opened on our beloved country, says, Auspicious omens cheer us. "9 Strong spirits, (I use the term in the sense in which the French academicians use it, les forts esprits,) strong spirits may sneer at these impressions, which are the offspring of feeling rather than of reason, and which resolve themselves into no philosophical connexion of cause and consequence:

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Mr. POINDEXTER said, be understood the effect of the amendment would be to destroy the resolutions. The object was to get the messages on the Journals. Mr. LEIGH inquired if such was the object, and was answered in the affirmative.

'Mr. BIBB rose on a point of order. He was not one of those men who had much knowledge of points of order; but as the amendment was totally inconsistent with the original proposition, for the avowed object of the mover was to destroy the resolutions, he thought it could not be in order.

The CHAIR could not conceive that there was any question of order. The paper was in possession of the Clerk, and at the disposal of the Senate.

Mr. CALHOUN considered this a very novel case; and it appeared to him that it involved a point of order. The

APRIL 21, 1834.]

President's Protest.

[SENATE.

object of all rules, was to carry into effect the intention of into effect, the honorable Senator might withdraw his the body; and here the very point at issue was, whether amendment, pocket the document, and walk out of the the papers of the President should go on the Journals. Senate. The procedure of the honorable Senator was no This amendment, therefore, must be out of order. The reduction of his views to writing. He (Mr. W.) thought question was, whether an individual inember could thus time ought to be allowed the honorable Senator; but if the put aside the intention of the Senate. Senate did not choose to grant time, there was no remedy. The honorable Senator had no right to take up the document from the table of the Senate, and offer it as his motion.

Mr. FORSYTH did not understand the point of objection. His object was to incorporate the message with the resolutions, that its true character might be seen. Mr. SPRAGUE said, when the paper was read to the Mr. PRESTON said, it was remarkable to see one docSenate, he noticed that the President called the Secreta-ument answer so many purposes. It was in the first place ries his Secretaries, not only once, but repeatedly; where-sent to the Senate as a protest, and then published to the as, in the printed copy, this expression was used but once. nation as a proclamation of the President. It was a proBy examining the original, he had found his in ink, and test to the Senate one day, in one shape, and the next the in pencil, over it. He would ask which was the true day, in another shape. Even while the Senate was disreading, and which was to be incorporated in this motion. cussing it in one form, it assumed another through the Mr. CALHOUN said, the rule required that every mo-medium of the President's private Secretary. This was tion should be given in writing; and he requested that the second time that papers had been altered, after they this motion should be put in writing, in all its parts. had been placed in the possession of the Senate. On a Mr. FORSYTH would reduce it to writing, when he former occasion he had said that this tampering with pahad an opportunity. pers was a very improper and dangerous practice, was The SECRETARY explained in regard to the alterations much to be avoided. A protest was sent to the Senate by made in the message. The next morning after the mes- the President, and when it was found that it contained sage was sent in, the President's private Secretary had some passages likely to rouse the indignation of the people told him of two or three verbal errors, of which his Sec- by the despotic disposition which they indicated, the pri retary was one. He had informed him, that as the mes-vate Secretary was sent down to alter the document, and sage had been read, he could permit no amendment, but make it more palatable. Thus altered, 40,000 copies he had himself inserted the corrections in pencil, for the mere purpose of reference.

Mr. WEBSTER called for the other corrections, and the Secretary read a number of instances, in which expression was substituted for admission, removing for controlling, exercise for examine, &c.

Mr. CLAY wished to know at what time these corrections were made.

were distributed to the people. He had said this morning that he rejoiced to see the President beginning a luminous commentary on the text he had sent to the Senate; he did not expect, however, that the text would have been touched. They had now before them a new text. The document had been interfered with while it was in the possession of the Senate, and they were engaged in discussing it.

The SECRETARY said, On Friday morning. The particular points to which Senators had objected Mr. CLAY requested that the Senate might know, and had been removed. The paper had originally stalked the country, that on Friday morning, after the paper had in tragic boots, and with a haughty mien; but now, throwbeen commented on, after my Secretary had been repeat-ing aside the sock and gown, it came forward under the edly pronounced by the President, this alteration had been comic face of an amendment. Suppose the Senator from attempted. Georgia, now that the Chair had decided that his motion There was another thing to be observed and remember- was in order, chooses to withdraw his amendment, to ed: any man must perceive that transforming the papers whom would the document then belong. The use to could not have been rendered necessary by the mistakes which the paper was attempted to be put, was cerof a clerk; no clerk could mistake his for the, and no clerk tainly not a proper one; it could not be made to ancould commit the other mistakes, such as money for prop-swer so many purposes. The protest of the President erty, &c. was now brought forward as an amendment.

"To

Mr. C. hoped the Secretary would not insert any more what vile uses may we come at last: the dust of Alexpencil marks. The paper proved that the attempt itself ander may stop a bung-hole." There was another point was another instance of Executive encroachment. What! of order. The amendment was in direct contradiction to after a paper had been printed and commented on, might the original motion. Common sense taught, that such an the President send his private Secretary to alter it? But amendment could not be received. it showed the spirit of the times, and it showed but too strongly the spirit of the man.

Mr. FORSYTH now began to reduce his amendment to writing.

Mr. WEBSTER said, that while the gentleman was engaged in that agreeable operation, he wished to say that the account given by the Secretary should be reduced to writing.

Mr. CALHOUN said he should be disposed to withdraw his motion, if the Senator from Georgia would withdraw his amendment, and return it to the Executive. That, Mr. C. said he thought would be the best disposition of it.

Mr. FORSYTH called for the ayes and noes upon his motion, and read a rule of the Senate to show that it was perfectly in order.

Mr. FORSYTH brought to the Chair the first part of If, he said, he were disposed to be critical, he might his amendment, in his own writing, and the original Ex-say, that gentlemen sought to deprive him of his right ecutive manifesto, as the remainder of it.

Mr. POINDEXTER objected to that form of the amendment, by taking the document itself.

The CHAIR said, it was not necessary for him to reduce the whole to writing; printed, or other parts, might be incorporated.

to have this resolution put upon the Journal.

Every necessary purpose was answered by the course he had pursued. What would be their situation if a Senator was to be deprived of his right to make an amendment, by a mere question of order. Three or four hours would be necessary to make a copy of the document, and in the mean time a vote might be taken, and he Chair. would thus be deprived of one of his most sacred rights Mr. WEBSTER said, there appeared to him to be a as a Senator of the United States. The question was now concord of ingenuity between the Chair and the gentle-whether his motion should be received. Honorable genman from Georgia. If the course proposed was carried tlemen made use of the document in question to condemn

Mr. CALHOUN appealed from the decision of the

SENATE.]

President's Protest.-Albany Memorial.-Adams (Mass.) Memorial.

[APRIL 22, 1834.

the President, and he, Mr. F., was not to be permitted to of names, attached to one copy of the memorial, had been make use of it as an amendment. With regard to the left out of the package which had been handed to me. alterations which had been made, he begged to say that They have lost no time in forwarding this omitted list, the paper had not been received by the Senate, and, un- and I now hold it in my hand, to be presented to the Sentil that was done, the President had a right to alter it. ate, and added to the others. To be sure against further But what were the alterations? Did the President shrink error, I have asked an officer of the Senate to have from any thing he had previously said? If he did, let these additional names counted, and he certifies them to him be condemned, but not otherwise. The President's amount to 1,485. Here they are, sir-the original signacharacter was too well known for any one to believe him tures--and here comes with them a regular affidavit, veriguilty of such conduct. The words "his Secretary," fying the paper, and accounting for the omission. This were still retained; he, Mr. F., wished to know if any makes up, sir, the number as originally stated; and I hope alteration had taken place in substance. will be satisfactory. If it should not be, and if it would give gentlemen any gratification to receive an additional 500 or 1,000 names, I imagine little pains would be necessary to furnish them that gratification.

Mr. SPRAGUE called for the reading of the document in its original and in its altered state.

Mr. KANE asked if any alteration had been really made?

The SECRETARY replied in the negative. He had merely inserted the words in pencil for the purpose of reference. The Secretary then read those parts of the paper in which alterations had been made, and showed what the alterations were.

Mr. President, in one of those unrivalled speeches of Mr. Burke, in which he indulged his admiration of America, he says, when speaking of the growth of our population, "Whether I put the present numbers too high, or too low, is a matter of little moment. Such is the strength with which population shoots in that part of the Mr. LEIGH wished to understand what was the object world, that, state the numbers as high as we will, while of the Senate. He understood the question now to be the dispute continues, the exaggeration ends. While we on an appeal from the decision of the Chair, that it was are discussing any given magnitude, they are grown in order for the gentleman from Georgia, to take a docu- to it." ment from the Senate and to submit it to the Chair in the form of writing, that his motion might be in order. Was that the question?

Sir, a similar sentiment would be just in regard to the numbers among our fellow-citizens, who are rallying to oppose the recent measures of Government. State The CHAIR said that the rule existed, although it was the numbers as we will, if the statement be not true tonot usually acted upon. He supposed the intention of day, it will yet probably be true to-morrow. the rule to be, that the resolution might be generally un- Mr. WRIGHT rose to move the printing of the names. derstood; and he imagined, that taking the document from the table would answer that purpose.

Mr. LEIGH said, if the object had not been distinctly avowed by the gentleman from Georgia to be, to compel the Senate to do what it might object to do, he would not have made any remarks on the subject. But from the manner in which the Chair had acted, it seemed to him as if the Chair claimed similar power over that body to that which the President of the United States claimed over the public money.

The question was, which paper should be received; and the main question was, which should be spread over the Journals of the Senate. The majority was against it, and the object of the gentleman from Georgia was, that the Senate should be openly accused. The question with him was, whether the motion was in order. He would vote that it be not received; or, in other words, that he [Mr. FORSYTH] shall not have it in his power to do that which the Senate had determined not to do. He would not profess to be well informed on the subject; but he would vote against the motion.

Mr. FRELINGHUYSEN then moved an adjournment, which, after a little opposition, was carried. And the Senate adjourned.

TUESDAY, APRIL 22.

ALBANY MEMORIAL.

He added, that the Senate would do him the credit to say, that he had expressed his belief that there was some mistake about the matter. He moved that these names be printed.

Mr. WEBSTER expressed his wish that the names might be printed. He would do the justice to the honorable member to say, that he understood him to have expressed himself as he had stated.

The paper was then referred, and the names ordered to be printed.

ADAMS (MASS.) MEMORIAL.

Mr. WEBSTER said he had to present to the Senate a memorial from the farmers, manufacturers, mechanics, and traders of the town of Adams, in the county of Berkshire, in Massachusetts. These memorialists complain of the injurious effects of the recent measures of Government on their business and means of living. Twelve hundred persons, they state, have been engaged in manufacturing, in that township, having entered into those pursuits under the encouragement of Government, and assurances of its protection. That, in the midst of prosperity, their career has been suddenly arrested; some of the establishments have been obliged to stop, and others to dismiss their hands, more or less, and many individnals have fallen into great want and great distress. These memorialists aver, sir, that that is true, which I have more than once predicted would soon be found

Mr. WEBSTER rose and said, it would be remember-true; and that is, that the measures of the administration ed that not long before he left his seat, on leave of ab- tend to make some of the rich richer, and all the poor sence he had had the honor of presenting a memorial poorer; and all, they say, of whatever tongue or kindred, from citizens of Albany, complaining of recent measures who have foreign capital at command, enjoy advantages of Government. He had been authorized on that occa-over American industry and perseverance. As Amerision to state, and had stated, that the number of signers cans, then, they address themselves to Congress: they was twenty-eight hundred, or thereabouts. I soon after say to Congress, "restore the currency, restore the consaid Mr. W., that this statement was denied, and that fidence of the people, restore the character and credit of no more than thirteen or fourteen hundred names were to the nation, restore our prosperity and happiness. One be found to the papers. The honorable member from act of yours can do all this." New York, [Mr. WRIGHT,] I believe himself alluded to Sir, as one of the representatives of the people of this apparent deficiency. So soon, sir, as these observa-Nortli Adams, I respond to them, by saying, that, so far as tions reached the memorialists, they inquired into the depends on my efforts here, and on those of my colcause of the mistake, and they found that one long roll league, and on those of their own able and excellent rep

saw,

APRIL 22, 1834.]

New Jersey Memorials.

[SENATE.

And

resentative in the other House, and most of his col-truth, complain of the general interruption of commerce leagues, there will be no abandonment of the present ob- and business, induced by unlawful and unconstitutional ject and present purpose, till their prosperity be restored, executive interference. They trace all the difficulties till the credit of the nation be restored, and till the consti- and embarrassments of the country to this cause. tution of the country be restored also. Let them be of who could be so blind as not to expect just such consegood cheer. Permanent distress, from mere misgovern-quences? Sir, they complain of the hostile proceedings ment, can hardly be the lot of an intelligent people. of the administration towards the United States Bank, as The memorial was then referred to the Committee on uncalled for by any part of its conduct, as a measure vinFinance, and ordered to be printed. dictive in appearance, altogether devoid of sound policy, and destructive of the public welfare.

NEW JERSEY MEMORIALS.

Mr. FRELINGHUYSEN said he had been requested to present to the Senate a certified copy of certain resolutions and a memorial adopted by the friends of the present administration, at a county meeting, held at Somerville, in the county of Somerset, by citizens of that County, in New Jersey.

Thus far, then, sir, have my colleague and myself been sustained in our reference to the people of New Jersey. We have put the matter fairly and fearlessly before them. We have no anxieties about the issue. I believe, sir, that an inquisition is going forward, that will make the very pillars of power tremble. I make, sir, the usual motion, that the memorials and resolutions be read and printed, and referred to the Committee on Finance.

I take pleasure, said Mr. F., in assuring the Senate of the respectability of the gentlemen who conducted this Mr. SOUTHARD remarked: On two of the memomeeting, and that their opinions are entitled to receive rials just read to the Senate, I do not feel disposed to from me and this body, respectful consideration. It is make a single remark; my colleague has correctly repwith satisfaction, and some consolation, too, that I find resented them and the memorialists. But, as I also rethese proceedings conveyed in decorous and dignified ceived a copy of the proceedings and memorial signed language, and wanting altogether the harsh and occasion- by the secretary of one of the meetings, with a request al personal severity that has at some times assailed my that I would present them to the Senate, I feel it to be honorable colleague and myself. While I say this, how-my duty to add something in relation to them. ever, sir, I am constrained to dissent from the opinions those which come from the county of Somerset, and of these, my respectable constituents. I especially advert which are so strongly opposed to the views which I ento the fifth resolution, wherein, speaking of the late in-tertain on the great questions which have agitated the structions of the Legislature, they resolve in the following nation.

I mean

terms: "We believe they expressed the sentiments of the That county is also my birth-place, and dear to me State-we know they gave the voice of the county of Som-as the memory of youth and the sympathies of blood and erset." Mr. President, this matter of belief and knowl-kindred can make it. And, first, I beg to assure the Senedge is a voluntary exercise-it cannot be forced; and as ate, that the memorialists are persons of high respectathis meeting has not instructed me to believe with them, bility-worthy not only of my own respect, but that of I shall certainly continue to think according to my own lights, and the conclusions of my own mind.

the bodies to which they have addressed their memorial. The meeting is said, in the paper, to have been large; but on this point, I am not advised by them. Their numbers I have no means of ascertaining. I speak only of the characters of those few whom I know to have been present; and of others, whose presence I infer from their well-known political partialities.

Now I do not believe, either in the majority of the State, and I certainly cannot know, and do not believe, the alleged state of public sentiment in the county of Somerset. This ancient, honored county, sustain the encroachments of arbitrary power! If I was to select a district in the State, where the pure, pervading, uncompro I can have no dispute with the memorialists upon any mising whig principles of the Revolution prevailed, it political or party prejudices or opinions which they may would be the good old county of Somerset. Sir, it has entertain. Justly entitled to enjoy and express their been true to these principles from its earliest history. opinions and feelings, like other citizens, it is not my The first war-note that ever disturbed the tranquillity of duty to quarrel with, but to respect them, so far as may its valleys, was in that eventful hour when resistance to be in my power; but I ask from them the enjoyment arbitrary power was resolved. Yes, sir, it was against its of the same rights for myself. encroachments that our fathers buckled on their armorand the plains of Monmouth, Trenton, and Princeton, still hold a language that has lost none of its energy by time, but will, when needs be, warm every patriot bosom into enthusiasm.

As I cannot concur with them in some of the facts on which they seem to rely, nor in some of the conclusions which they have drawn, I beg to notice two or three of them. I still entertain the hope, that even these memorialits, when fuller views shall be taken of this Sir, the true issue was not yet formed at the date of subject, and the lights of experience shall have had time this meeting. The bank is certainly denounced for suf- to operate, will yet hesitate in their approbation of the ficient variety of charges and misconduct, in the resolu-conduct of the Executive, and will come to the relief of tions and memorial before us, but the great question of the constitution and laws.

power, on the one hand, and the majesty and dominion of I concur with my colleague, that the true and most our laws on the other, was not then raised. But I rejoice important question has not been met by them as fully as to know that the people are now coming up to the case, could desire. with the spirit and solemnity becoming enlightened freemen, jealous of their liberties.

I

They resolve, that the misconduct of the bank justified the Executive. But, if we admit that the bank has In proof of this, I beg leave to refer to the resolutions been guilty of misconduct has been criminal-does it and memorial of a public meeting held at Princeton, New follow that the Executive has a right to punish it?-and Jersey, composed of many respectable citizens of that without trial? Does its criminality justify the President borough, and of the adjoining townships of Montgomery, in pronouncing sentence and executing judgment upon in Somerset, and West Windsor, in Middlesex counties. it? Has he any authority to do this, except in the forms The memorial is signed by more than two hundred citi-of law? Must not the accused be heard and tried and zens. I also offer a memorial of more than eleven hun-sentenced? Can the sheriff or other executive officer dred subscribers; farmers, mechanics, merchants, and cit- execute his own views against the violators of law? This izens of the county of Middlesex and city of New Bruns- is not my understanding of legalized liberty; nor my bewick. These respective memorials, with like justice and lief of the legal and moral principles of the county of

VOL. X.-90

SENATE.]

New Jersey Memorials.

[APRIL 22, 1814.

I

Somerset. If I should admit that the bank has been as proof, I regret that they have not furnished it to me, for criminal as is alleged, it does not seem to me to follow, my information and guidance. If, then, the bank has not that the President had a right, by way of punishment, extended its business beyond its means, or the wants of and on his own motion, to withdraw the deposites. This the community, where is the evidence that its extensions is, to my mind, the more clear, because the law-and were corrupt; or that it was governed, in making them, surely the President is not above the law-the law has by electioneering or other corrupt motives? As to its expressly provided, that if the bank violate its charter, curtailments, to be criminal they must be unnecessary; and it shall be tried by court and jury. And even the Presi- they must be compulsory, involuntary, as to its debtors. dent adinits, that if he had had time, he should have The meaning of the term implies, that the bank has called taken that course. Now, the least intelligent know, in, from its debtors, a larger amount of their accommothat this want of time, either in point of fact or of prin- dations and loans than the debtors were willing to pay, ciple, can furnish no apology. I could desire that this and larger than its own situation rendered necessary. A portion of my constituents would review this position voluntary payment of a note or bill, at maturity, and when which they have assumed. the debtor does not wish to renew it, is no curtailment. They may be the more disposed to do this, perhaps, It is no contraction of the busines of the bank, of which when they learn that their political friends in the House any can properly complain. It is not an act which can of Representatives have not been able to bring them- be charged as an oppression or pressure upon any one. selves up to the affirmance of the Secretary's reasons for It can, by no possibility, create difficulty in the business the removal. The question, though directly presented, of the community. It can, by no exercise of ordinary in various ways, has been thus far skilfully evaded. Now, fairness, be attributed to corrupt motive. It is the ordiif a majority believed that the reasons were sufficient, nary and daily operation of every bank. would they not have been willing to say 30? Would Now I ask for the proof that the bank curtailed, withthey not have given a prompt and cheerful support to in the period to which the Secretary alluded, and to the Executive and the Secretary? Would they have sat- which the memorialists refer as justifying the Secretaryisfied themselves with declaring that the deposites ought I mean the period previous to the 1st of October last. not to be restored? This may, in the estimation of many, know that the Secretary affirms it, and I perceive that the be true, although they express strong condemnation memorialists believe it; but, if they relied on his assertion, of the removal. Silence, absence of approval, under all I am convinced that he has misled them. Before that pethe circumstances, must be regarded as condemnation. riod, (the 1st October,) and within the time to which he These memorialists further express their opinion, that refers, and on which he rests his allegation, we are asthe unwarrantable course of the bank, in first extending sured by an official statement, taken from the records of and then curtailing discounts, to a very large amount; the bank, that there has been no curtailment; and the evithe attitude of hostility which it has assumed towards the dence is furnished in the clearest manner. Previous to local banks; and the concerted efforts which have been that date, no order to curtail or to draw in their means made, by its pensioned presses and hired retainers, to had been given-no act of that kind had been done; and, excite a general panic through the country, are the chief if this be so, how can the Secretary be justified in his causes of the present embarrassments, and that they are statements, and in inducing the memorialists and others purposely kept up, to distress the community, in the to believe the bank guilty in this respect? The public, hope thereby of coercing a renewal of the charter. who err in relation to facts, are not to be censured if they What is meant by these extensions and curtailments of have not the documents before them; the fault lies on the the bank? Those words have definite meanings. The person who leads them into error. It is very apparent extension of the business and accommodations of a bank, why the statement was made. The Secretary saw, by the to be improper, unwarrantable, criminal, or culpable, reports from the bank, that it had out, in discounts and must be beyond its means, and beyond the real and just accommodations, between three and four millions less in wants of the community, in the transaction of its fair and the fall than in the spring of 1833. He did not stop, he necessary business. Have the extensions of the bank did not take time to inquire how this happened. It was a gone beyond either of these? Has any evidence been fact suited to his use-its explanation seems to have been afforded that it has exceeded its proper, active means regarded as of little value. If he had inquired, he would of discounting and accommodation? I do not ask what it have found the reason to be, that the debtors of the bank may have done some ten or fifteen years ago, but recent- had paid notes and bills of exchange, &c., to that or nearly ly-at the time when the President and Secretary made that amount; paid them voluntarily, at maturity, and withthe charge or even now, when these memorialists affirm out compulsion; and, therefore, that there was no criminal their belief of it?-nor do I ask for allegations and strong curtailment. If he had taken the time and trouble, he charges on this point. They are easily made, but are would have found the same fact also existing in previous not the best evidence of truth, nor the best guide for the years, within the same periods, and when there was no formation of opinions. Sir, no proof has been afforded pretence of misconduct in the curtailments of the bank. so far as I have seen; none can, as I believe, be afforded. It was the ordinary and common course of business at that The condition of the bank, for several years past, its season of the year. Thus, throwing aside fractions, there condition now, as known to all, disproves it. It has at no was, what is improperly called a curtailment―

In 1823,

of

$1,240,000

1824,

of

2,120,000

1825,

131,000

1826,

3,000,000

1827,

2,200,000

1828,

1,470,000

1829,

3,250,000

1830,

2,700,000

[blocks in formation]

4,722,000

[blocks in formation]

3,275,000

time, within the last eight or ten years, gone beyond its means. It has been safe; it is so now. I speak from the documents, and call for contradiction. Well, then, has it gone beyond the wants of the community? Here, again, I ask for proof, not allegation. When was it that the real wants and interests of the community did not require the full extent of the accommodations, of all kinds, which the bank has afforded? Let the period be pointed out, and the evidence given,of its improper conduct in this respect. They who have competent knowledge of the past history of the country, and of its commercial and Yet none of these, I believe, were compulsory curtailother interests, will not hesitate to affirm, that in this re-ments. They arose from the course of commercial transgard, it is guiltless. Let those who accuse it, bring actions, and the payment of bills and notes at maturity, themselves to the proof; and, if my constituents have that whose drawers and endorsers did not require a renewal.

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