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SENATE.]

Adjournment of Congress.-Restoration of the Deposites.-U. S. Marine Corps.

[JUNE 4, 1834.

come and see him at his house; but had said, "If you wish of the resolution until Monday next. He did not wish to to communicate with me officially, send me what you like see the Senate tied up so as not to be able to continue the in writing, and I will give you a frank answer." What session a little longer, in case it should be necessary. would an eastern despot have done with individuals who Mr. BROWN asked for the yeas and nays, which were came to pay him respect in the way that these individuals ordered. did? Why, the bowstring or the sabre would very speed- After a few remarks from Mr. GRUNDY, Mr. BIBB, ily have been in use, and the committee would never and Mr. PORTER, in favor of the motion, the question have gone back to make their report. What would a vio- was taken, and decided in the affirmative, as follows: lent man have done in this case? He would not have act- YEAS.-Messrs. Benton, Bibb, Chambers, Clay, Ewed as the President has acted; he would not have treat-ing, Grundy, Hendricks, Kane, Kent, Knight, Mangum, ed the members of the committee with the greatest pos- Moore, Naudain, Poindexter, Porter, Preston, Robbins, sible personal kindness and respect; he would have re- Silsbee, Southard, Sprague, Tomlinson, Tyler, Waggapelled them; and if the matter had been between man man, Webster, White.-25. and man, he (the President) would have done this, or such was the temper of the man.

C.

NAYS.-Messrs. Bell, Black, Brown, Calhoun, Clayton, Forsyth, Frelinghuysen, Hill, King of Alabama, King of Georgia, Leigh, Linn, McKean, Morris, Prentiss, Robinson, Shepley, Smith, Swift, Tipton, Wilkins, Wright.-22. So the consideration of the resolution was postponed. RESTORATION OF THE DEPOSITES.

The first joint resolution offered by Mr. CLAY, declaring the reasons of the Secretary of the Treasury for the removal of the deposites to be unsatisfactory and insufficient, was taken up on its passage.

The yeas and nays being ordered, the question was taken, and decided in the affirmative, as follows: YEAS.-Messrs. Bell, Bibb, Black, Calhoun, Cham

Mr. CLAY did not recollect that he had ever found the gentleman [Mr. FORSYTH] acting with that (Mr. C.'s) side of the House; he did not recollect it, except that in one instance he was with them in the support of the Executive, at the last session. But whatever was urged on Mr. C.'s side of the House, in behalf of the law and constitution, was referred by the gentleman from Georgia to the bank. How often had the honorable member expressed the opinion that the bank was indispensable? [Mr. FoRSYTH said, Not indispensable.] Necessary, then, said Mr. The difference between them was, that he thought the bank necessary, but always acted against it, while Mr. C.'s side thought it necessary, and voted in favor of it. As to the representations of committees of the conver-bers, Clay, Clayton, Ewing, Frelinghuysen, Hendricks, sations with the President, one honorable member from Kent, King of Georgia, Knight, Leigh, Mangum, NauBaltimore had sustained the President in his denial of dain, Poindexter, Porter, Prentiss, Preston, Robbins, their correctness. But he was only one out of a consider- Silsbee, Smith, Southard, Sprague, Swift, Tomlinson, able number; and as it was established by incontestable Tyler, Waggaman, Webster.-29. evidence that the President used the language ascribed to him, and as all this was opposed by but one individual, the truth must be considered as existing on that side. If rumor spoke the truth, there was a particular committee [name not heard; probably the New Jersey Jackson committee] whom the President not only received and entertained, but treated them to the best the white house could afford. When memorials were presented in favor of the President, there was no difficulty.

The memorial was referred to the Committee on Fi

nance.

On motion of Mr. BENTON, his resolution proposing an amendment of the constitution on the subject of the election of President and Vice President, was taken up, and referred to the select committee appointed on the resolutions of Mr. BIBB.

ADJOURNMENT OF CONGRESS.

The joint resolution from the House, on the subject of the day of adjournment, fixing on the 30th of June, was taken up.

Mr. PRESTON moved to lay the resolution on the table for a week or two, until it could be ascertained whether certain important business, now unacted on, shall be completed.

Mr. BROWN asked for the yeas and nays; which were ordered.

The question was then taken, and decided in the negative, as follows:

YEAS.-Messrs. Benton, Bibb, Chambers, Clay, Clayton, Ewing, Grundy, Hendricks, Kent, Naudain, Porter, Robbins, Silsbee, Tyler, Waggaman, Webster, White. -17.

NAYS.-Messrs. Bell, Black, Brown, Calhoun, For syth, Frelinghuysen, Hill, Kane, King of Alabama, King of Georgia, Knight, Leigh, Linn, McKean, Mangum, Moore, Morris, Poindexter, Prentiss, Preston, Robinson, Shepley, Smith, Southard, Sprague, Swift, Tipton, Tomlinson, Wilkins, Wright.-30.

Mr. CLAY then moved to postpone the consideration

NAYS.-Messrs. Benton, Brown, Forsyth, Grundy, Hill, Kane, King of Alabama, Linn, McKean, Morris, Robinson, Shepley, Tipton, White, Wilkins, Wright.-16. So the first resolution was passed.

The second resolution was then taken up, directing the restoration of the deposites to the United States Bank after the first day of July next.

Mr. FORSYTH moved to postpone the consideration of this resolution until to-morrow. Mr. CLAY having assented,

The question on this resolution was postponed until tomorrow.

UNITED STATES MARINE CORPS.

The bill for the better organization of the Marine Corps, coming up on its passage, was passed by the following vote:

YEAS.-Messrs. Bell, Bibb, Black, Chambers, Clay, Clayton, Ewing, Frelinghuysen, Hendricks, Kane, Kent, Linn, Mangum, Poindexter, Prentiss, Preston, Robbins, Silsbee, Smith, Southard, Sprague, Swift, Webster, Wilkins, Wright.-25.

NAYS.-Messrs. Brown, Forsyth, Grundy, Hill, King of Georgia, McKean, Morris, Moore, Robinson, Shepley, Tipton, White.-12.

After going through with several other bills,
The Senate adjourned.

WEDNESDAY, JUNE 4.

RESTORATION OF THE DEPOSITES. The resolution of Mr. CLAY, requiring the public deposites to be made in the Bank of the United States and its branches after the 1st July next, was taken up.

Mr. FORSYTH moved, that when the question upon the adoption of this resolution should be taken, that it should be by yeas and nays; which were ordered.

Mr. FORSYTH, who was entitled to the floor, rose and said, that he had intended to have addressed the Senate upon this subject, but that he had thrown out yesterday

JUNE 4, 1834.]

Restoration of the Deposites.

[SENATE.

many of the points he had in contemplation to make, and might be their opinion of the restoration as a measure of as his colleague [Mr. KING] had expressed a wish to make some remarks upon the subject, he would yield the floor to him.

Mr. KING then rose and said, that he did not wish to interfere with what he had no doubt was the general wish of Senators, to take the question on the remaining resolution without protracted debate. But, as it was possible it might be supposed by some, that the vote which he felt it his duty to give on this resolution, would be inconsistent with the vote which he had given on a previous occasion, he wished to make a few remarks for the purpose of reconciling the vote which he should now give, with the one he had given on the occasion referred to.

expediency; for with this view a restoration was due to a broken constitution, to the violated laws, nay, sir, said Mr. K., due to the bank, for the bank had private rights as well as individuals, which should be respected.

But, said Mr. K., not believing myself that either law or constitution has been violated or that any right of the bank has been touched, that the bank did not agree in the 16th section of its charter to submit to the discretion of the Secretary, I feel myself at liberty to look at the question purely as one of expediency, and not to vote for the restoration, unless I should think that the public good requires it.

Power, he said, in different governments, differed more in degree, than in its nature, for the time being. In despotisins, he said, the power was unlimited. In this case, there could be no usurpation; there could only be an abuse of power, and there was no responsibility for that.

He said that the difference of opinion between himself My opinion, said Mr. K., on the first resolution, a vote and others, on the constitutional point, arose, he thought, upon which was taken on yesterday, is well known, and from a natural propensity in man to deny the existence of has been now twice expressed in the Senate. He believ-power, where, in their view, it had been improperly exed, he said, (and so had voted,) that the removal of the ercised; charging usurpation where there has been, at public money from the Bank of the United States, by the most, only abuse. Between these, said Mr. K., we should Secretary of the Treasury, at the time the act was done, carefully distinguish, or we strike at the root of all gov was impolitic and inexpedient, and calculated to produce, ernment. For it should, he said, be assumed as the basis or rather to induce, a great deal of mischief, and not cal- of all reasoning on the subject of government, that power culated to secure any one desirable end. He said the mo- must be lodged somewhere. And whenever power was tives of the President, and Secretary, had not been very given, an abuse of it was an inseparable incident. Show generally questioned, and it was therefore unnecessary me a Government, said Mr. K., that has no power to do that either he or others should undertake to defend them. evil, and I will show you one that has no power to do The motives of the President were plain. The President good. thought the bank a powerful and corrupt institution, inconsistent with the character of our institutions, and, as he states, even dangerous to liberty itself. However this might be, the object of the President was to destroy it. This was the end proposed. The means by which he proposed to accomplish this, to him, desirable object, were In constitutional monarchies, he said, the only limitathe exercise of his veto power, and the removal of the tion of power is by restriction upon the prerogative of the deposites. The President had discovered that the Bank prince, who is supposed to be the original source of all of the United States, in the year 1832, had extended its power, but who, on a demand of the people, has consentloans and accommodations to an amount altogether unpre-ed to divide the power with them. To take England as cedented in the history of the institution; and he thought, the example, (which was said to be the freest constitufrom some indications, that it was intended by the direc- tional monarchy on earth,) this would be found the only tion to make such sudden and extensive contractions of restriction; for even there, when Government acted as a the loans and accommodations of the bank, as to produce unit, there was no limitation on its power. Parliament a degree of distress in the community, that would extort united, was omnipotent, and might take away the right of from the people of the United States a re-charter of the the citizen without redress; and even for a usurpation of institution. power, on the part of the prince, he was not constitutionThis, said Mr. K., would have been defeating his ob-ally responsible, as he could do no wrong-though in ject; and this was what he intended to prevent. The some cases the act might be avoided by a resort to the juPresident thought, by removing the deposites, to cripple diciary. Not to multiply examples and distinctions, said the powers of the institution in the first place; and in the Mr. K., let us come at once to our own Government. second place, he expected to afford such aid to the State Here our great security against power consists: banks as would enable them to relieve the mercantile 1st. In a limitation upon the powers of Government community from at least a portion of that distress which itself. The people have not consented to part with the he apprehended it was the design of the bank to inflict whole of their power, but have limited the delegation by upon it. Without dwelling, however, said Mr. K., lon- a written constitution; and the acts of the Government, if ger upon the motives of the President, I will only add, unauthorized, may be annulled by law, at the instance of that I think the end did not justify the means. In fact, he thought the means employed most eminently calculated to defeat the end which was proposed to be effected by them. He nerefore had thought, and twice voted, that however re the motive, the reasons of the Secretary for the removal of the deposites were unsatisfactory and insuffi

cient.

the humblest individual in the community. And the second, and most important security, consists in the responsibility of the agent, and the limited term of his office. If he be guilty of a criminal usurpation, or abuse of power, he may be criminally punished, either by indictment or by impeachment, according to the forms prescribed by the constitution. If he abuse or misuse power, but not sufficiently to be reached in either of these modes, the evil is only temporary, as it can be peaceably cured by election. With these restrictions, he said, no great danger was to be apprehended from the exercise of power; and we should be careful to recollect, that whilst we are hastily forcing constructions to ruin an administration, we may break up a constitution.

But, said Mr. K., does it follow, as a necessary consequence, that all those who believe the reasons for the removal at the time the act was done unsatisfactory and insufficient, should feel themselves called on by claims of consistency now to vote for their restoration? He thought not. It was perfectly true, he said, that all those who took the same view of the subject with the honorable Senator from Kentucky, and believed that the constitution After these general views, said Mr. K., let us see why had been broken, that the laws had been violated, and the President should have power over subordinate Execthat the chartered rights of the bank had been ravished utive officers. This power, he said, resulted from the from it, were perfectly consistent-in fact, imperatively very nature and object of appointing a chief Executive called on to vote a restoration of the deposites, whatever officer. The sole object in establishing such a grade, was

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[JUNE 4, 1834.

to have one head, in whom superior confidence was pla- last nail in the coffin." If this be true, said Mr. K., (and ced, to preside over the whole, and see the department he would not dispute testimony so respectable,) nothing properly administered, and the laws faithfully executed. remains to be done but to have it decently buried; and The theory is, and it is generally well sustained by prac- then follows the succession. And he said he knew of no tice, that the higher the office and honor, the greater the citizen in the United States who would fill the vacant confidence which may be placed in the incumbent. Is not seat with more credit to himself, or honor to the country, the President of the United States, inquired Mr. K., who than his honorable friend from Kentucky. Suppose, then, is elected by a majority of the people of the Union, with he should be elevated to the Presidential chair, and the his high honors and emoluments, and with the high re- first misfortune of the new administration should be to get sponsibility of his station, entitled to more confidence than a man of Mr. Taney's principles as Secretary of the Treasthe subordinate officers, frequently obscure individuals, Jury, who should insist, as his first act, to remove the deonly selected for their expertness in a particular branch posites from the Bank of the United States. For although of business? They, if they were independent, might easily by the last will and testament of "Jacksonism," it would yield to temptation; but he could have no sufficient in- be willed, doubtless, that there should be no bank, yet, ducement to forfeit the high confidence reposed in him. under such a successor, he took it for granted, the will Mr. K. said he would take the occasion to say, that he would be broken, the bank resuscitated, and the deposites would like to see the constitution altered, so as to require restored. confirmation by the Senate of removals from the higher sume that the honorable Senator, notwithstanding even In such a case, he thought he might safely asoffices. But he had no doubt the construction of the con- his speeches on this subject, would promptly remove the stitution, as it is, was properly settled. be fraught with so much mischief; or, if he should feel Secretary to prevent a measure which he would judge to too strongly committed by expressed opinions, he would at once see so strongly the necessity of the power, as to ask for a change in the constitution. In fine, said Mr. K., the power does exist, and ought not to be modified further than I have hinted. And if it exists, the worst enemies of the measure, as one of expediency, should insist on nothing further than an abuse or misuse of power.

To show the propriety, said Mr. K., of giving the President the power of removal as an incident to his superintending duties in the recess of Congress, let us illustrate by a few supposed cases. Let us suppose, said Mr. K., that the Bank of the United States had actually been, as the President once thought it, not only a corrupt, but a bankrupt institution. Suppose the President had been satisfied that the institution was making arrangements to enrich the stockholders by swindling the community, a process by no means rare in the history of banking insti- once have become so tender on the subject of power, and But, said Mr. K., who are these gentlemen who all at tutions in this country. In short, suppose the ten millions what the character of the parties to which they belong? of public deposites had actually been in danger of being Respectable, he would admit; patriotic, he would admit; lost for want of immediate attention, and Mr. Duane, be- friends to their country, he would admit; perfectly hon ing interested for friends, or even bribed by the bank, est, he would admit; but still, it would be seen that had refused to remove the deposites, and the President whether the fragments of this modern mosaic combinarefusing to remove him, the public money had been lost. tion, now arrayed against the administration, and denying What, then, would have been the language of the Presi-the President even the necessary power to administer the dent's enemies? In vain would he have pleaded constitu- Government, were collected from the North or the South, tional scruples; he would have been told that the power the East or the West, their whole history, with few excepwas plainly incident to his superintending control over the tions, disclosed to us that they had always been the advoExecutive department, and he and his friends would have cates of strong government and political power. been completely silenced by reference to a settlement of friends, he said, from the South, (turning to the Carolina His the question so early as the year 1789, and the uniform Senators,) seemed to look at him as though they thought practice of the Executive ever since. And in vain would he ought to make an exception in their favor. He said Mr. Duane, in the case supposed, have attempted to jus- he had the warmest sympathies with his Southern_neightify himself by insisting that he could not remove "until bors, acted with them here on many questions, and hoped a scire facius" had first issued to bring the bank to trial. to continue to do so, but, he said, he could not make the He would have been referred to the 16th section of the exception they would doubtless require. On the concharter, which gives him unlimited discretionary power trary, he said, he was reluctantly compelled to place the to remove the public money from the bank, whenever he party to which they belonged in the front ranks among thinks proper to do so. In such case, then, the President, the advocates of political power and strong government. for not removing the Secretary, and the Secretary for not The whole history of the party proved it. removing the deposites, would have been (very properly) nent men of that party were formerly known as the leadThe promiuniversally denounced, and would have had no plausible ing advocates of increasing and encroaching power in the defence. Again, said Mr. K., suppose Mr. Duane had Federal Government, and were habitually reaching and determined on removing the deposites, and the President, grasping for increased power and energy in the Federal knowing that the deposites were safe-that the bank was head. doing its duty to the Government-and that the removal they now professed? They had, he said, but it was only And had they changed by embracing the doctrines would produce all that distress which it is insisted has ac- letting go one hold to get a stronger one. tually followed-and to prevent the removal of the depos- grand, independent, consolidated Government, with sovites, the President had removed the Secretary, would any ereign powers, they proposed to multiply political power friend to the bank have ever thought of complaining of and patronage in the land, by having twenty-four, precisethis act as a violation of the constitution, and an unlawfully of the same character. It was the rights of the Federal control over the public money? He presumed not. Again, said Mr. K., after supposing cases somewhat as on the other; neither, in their various extremes, paying Government on the one hand, and the rights of the States they have been, with such changes of position as were ne- especial regard to the rights of the citizen. While his cessary for illustration, let us look forward to things as friends, the national republicans of the North, would say, they may be. It has been stated by the honorable Sena- give us one grand, united, consolidated Government, with tor from Kentucky, that "Jacksonism was tumbling in by power to swallow up all the rights and privileges of the the acre, like the banks of the Mississippi," and would States. Stop, stop, say my friends from Carolina, you soon be entirely ingulfed. In fact, it had been since (he don't understand the true philosophy of government; you believed) pronounced dead by the honorable member, are especially ignorant of the beauties of our system. Give and he had taken "the responsibility" "of driving the lus twenty-four independent sovereignties, each with the

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amazing capacity of swallowing up, at pleasure, the whole favorite doctrines. They (in connexion with the Southern of the other twenty-three. The honorable Senator from people) believed themselves oppressed by Federal legislaMassachusetts would say, perhaps, If you wish our Feder- tion; and, thinking they had discovered a remedy, they a! Government to last out all time, place it upon a broad were determined to enforce it, without sufficient regard and steady foundation, resting upon its twenty-four pil- to the opinions of their fellow-citizens opposed to them. lars-the States-but with full self-existent power to keep He hoped he would be understood on this point, and that the whole in equal subjection. Nonsense, say my honor- his motives, in referring to neither party, would be misable friends of the South, if you wish to witness the steady taken; for, in fact, he thought much better of each of strength of each State, and a union of the whole that these parties than they had been generally in the habit of in its strength will stand up forever, capsize the Govern- thinking of each other. He did not think the Carolina ment of the Union, place it in the steady position of an nullifiers traitors, or tories, as they have been so often inverted cone, and admire it standing on its little end. He called in other sections of the Union. Nor did he think did not propose to discuss or decide upon the merits of the inhabitants of New England "highway robbers,” the two systems, and only referred to them to show that swindling pedlers," "avaricious aristocrats," "cowardly those who sanctioned them, though opposed to each other, New England weavers," as they had been so frequently were equally the advocates of power. But he thought called by their Southern brethren, to prove that they philosophy was on the side of the honorable Senator from were unfit for political communion with the chivalric Massachusetts; for he would have looked upon it as more spirits of that section. No, sir, said Mr. K. So far from feasible for the whale to swallow Jonah, than for Jonah this, I have ever considered the population of New Engto swallow the whale. land as one of the most noble race of men that inhabit But, said Mr. K., this is theory. What has been the any portion of the earth's surface, with but few equals, practice of the political parties of which I speak, and who and no superiors. Brave, patriotic, industrious, frugal, are now charging and declaiming against power? Do my ingenious, and enterprising, they possess in their national friends of the South, said he, require me to prove this character all the good qualities by which the good citizen grasping spirit on their present friends of the North, by is usually estimated. And, said Mr. K., the people of this any acts in the political course of the latter? He presumed country should never forget that they owe a debt of gratno such proof would ever be required. If so, he would itude to this portion of their fellow-citizens, which trifling refer them to their own speeches, writings, and votes, or offences should never be allowed to cancel. Sir, said he, those of their party, passim, for a period at least ever did they not rock the cradle of liberty on our continent? since 1828. From this copious source, he could prove Did they not stir the first embers of the Revolution? Do the people of the North almost any thing but democrats they not now tread the classic soil of American independand gentlemen. And is any proof required, said Mr. K., ence? Did they not pour out their blood like water, and against my friends of the South, that they will make a their treasure like trash, in securing to us the inestimable vigorous use of power when they have it? If so, said he, privileges which we now enjoy? And, in short, does not look to the present condition of the Union party of South impartial history, here and elsewhere, present the New Carolina; and to this proof, said Mr. K., I cannot refer England States as one of the brightest clusters in the with so much levity. What is the condition of the minor- American constellation? Yes, sir, said he; and Southern ity in this respectable State, when we properly estimate magnanimity should acknowledge, that whilst Georgia, his the rights of opinion in this country? Why, sir, said Mr. own respectable State, in its infancy and weakness, was K., the noble and persecuted spirits of Ireland, tortured crushed in a few weeks, by the weight of British power; with their tests, and tormented with their taxes, who de- whilst the respectable State of South Carolina, now so spairingly hug their chains, and invoke the spirits of an threatening in her power, weakened by internal divisions, Emmet or Grattan-the patriot Pole who in exile shivers was compelled, in a single summer, to yield in the same in the frosts of Siberia, or who, more fortunately, escaped unequal combat, and again take the oath of allegiance to the triple fangs of European tyranny, and now humbly King George the Third; when the great and populous sues before us for a solitary home in the uncultivated wilds Middle States were wavering and vacillating; these deof your Western wilderness-is not more completely the voted "yankees," these "New England weavers," boldvictim of an iron-hearted and unfeeling despotism, than ly stood up in solid column, with unbroken ranks, and is, at this moment, the Union party of South Carolina. Sir, unbroken spirits, breasted the whole power of Britain, said Mr. K., what is tyranny in this country, or what can and like the noble lion, when pierced in deadly conflict, tyranny be here, until the character of our people gained fresh vigor at every wound. The enemy could changes, but a tyranny over the mind?-a denial of equal make impression every where else, but they never could political rights, with an exaction of equal political duties? make any serious impression there. No odious restraints upon the personal liberty of the citi Sir, said Mr. K., I am a Southern man, but no fear of zen would be attempted or tolerated. What, then, are offending the sectional jealousies of my constituents will the alternatives presented to as patriotic a body of men ever deter me from doing justice to every portion of our as our country holds? Sir, it is perjury, degradation country. Yes, sir, let us all do full justice to the citizens and exclusion from office, exile, or bloody rebellion; to of every part of the confederacy as a people. But when the latter of which they seem inclined to resort, rather the present combination against the democratic republithan submit to the hard conditions imposed on them by cans claim, as a party, all the virtue, all the patriotism, their countrymen. Sir, let me not be misunderstood. It all affection for the constitution, and set themselves up as is with the kindest feelings that I refer to these matters the sole enemies to encroaching power, they throw conof history. He intended, he said, to cast no reflections fusion into all history, and contradict the understanding on the character or patriotism of the very respectable of every reading man in the community. party who were in the majority in the State he had referred to. He believed the great body of that party as pure and as patriotic as any party in this country. He only referred to this fact, among others, to prove the truth of a principle which was universal in its operation. That was, that political parties never objected to the use of power, when power was in their own hands. The majority in Carolina had, no doubt, acted with good intentions, but had acted hastily, and with an over-zeal, to enforce their

He did not object, however, to this modern union of opposite parties, whatever the motive or the object. He anticipated much good from it. He hoped the parties would become much better acquainted, and learn that the North could do without the South, as well as the South could do without the North; and that neither will do well without a union with the other.

He said he was glad that the opposition had assumed the name of whigs. He was sorry to see the materials of

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Restoration of the Deposites.

[JUNE 4, 1834.

the party so closely examined; and the name, when ap- But all hope of re-charter was at an end. No one, be plied to them, so much laughed at, and so universally believed, even insisted on it as a probability. If so, he ridiculed-for, said he, I also anticipate much good to the would beg them to recollect, that the enemies of the country from their adoption of this name; for, said he, if bank were not to be numbered by the friends of the adit be true, as some one has said, that "men are likely to ministration. He asked the Senate to look to the vote in become the scoundrels we call them, "especially when they the House. He said it was known that there was a large submit to the name, it seemed to him that by a much and respectable party in the country-the State rights stronger principle, or rather by a stronger operation of the men, "the real marble columns," Austerlitz guards, of same principle, men might be expected to reach some of eighteen years training in this war against the bank, those virtues which are associated with a name they have who had always been the firm allies of the President in this assumed. In fact, said he, I have history to encourage contest, however they differed with him on other subjects. me in this hope; for, during the four reigns which suc-They had, to be sure, he said, like the Saxon regiments ceeded the revolution of England, the real old genuine at Leipsic, (he believed it was,) gone over to the enemy, church-and-state, Divine-riglit, passive-obedience tories and turned their artillery against the President, on the deof England, became so accustomed to oppose in act and posite question. But that was only because the old man feeling, every exercise of power by a party whom they charged bayonets a little too soon. On the great and final thought unworthy to rule, that they were insensibly con- battle between President Jackson and President Biddle, verted by a false position; and being duped by their own they will be obliged to recognise their old alliance, and hypocrisy, many of them became the most violent liberals assist the "old hero" in getting out of a scrape which in England; and their families so remain up to this day. they have contributed so largely to get him into. That May we not hope for some such result here? May we they would do this, was shown by their votes in the House not hope that our quasi whigs may become real whigs; on a resolution against re-charter. He said there was and by habitual hostility to the exercise of power by those another circumstance in the history of the bank, that he who now hold it, that they may be led, by habit and a did not think would favor its prospects before the people. feeling of consistency, to make less use of it when it falls He said the bank had lately refused to submit to an exinto their own hands? He thought so. amination under a resolution of the House. He had not He said, however, that he must say to his friends, the read the report of the majority, but had only read the renew whigs, that they would only be taken on trial, and port of the minority. He had been so astonished at hearhe hoped they would begin in good earnest to establish ing the pretence on which the bank based the refusal, their new claims, and prove the sincerity of their pro- that he thought he would examine and see what could be fessions. He said, as the good Catholic must believe in said in defence of it: and he said he had read the report real presence, use the cross in baptism, the ring in mar- of the minority, and was very much pleased with it. It riage, &c., and make good use of the breviary and the was a beautiful piece of composition, contained many missal, so the true whig should oppose the encroachments beautiful extracts from English works, many handsome of power in all the departments of Government, study sentences and round-turned periods. On the whole, it economy in the administration of the Government, and was a most excellent performance, but had well-nigh made pay some little attention to the provisions of the constitu- him a convert to the truth of a saying of the celebrated tion. He said, if there were abuses in the Executive Abbé de Pradt, that " language was given to man to department, (and it was likely there might be some,) let conceal his thoughts with." He said the only misthem be corrected. He would co-operate for that pur- take of the minority consisted in placing on one page of pose. But let us not direct the whole of our attention to their report, that clause in the charter which authorizes the Executive, when we know that the origin of the most the examination, and to which the reader may sometimes of the abuses we have to encounter is traced to our own refer. department. I wish our new friends, then, said Mr. K., to show the purity of their faith by putting their shoulders to the wheel in good earnest, to assist us in bringing back the constitution to its original purity, and in restoring the Government to that simple machine which was intended by our ancestors.

He said, he thought the resolution to examine the bank a useless one; and the resolution reported by the majority of the committee, summoning the directors to answer for contempt, he thought equally useless; and he hoped it would not pass. But the power of either House to examine the bank, and proceedings of the bank, was unSir, said Mr. K., I beg pardon for what may seem a di-questionable, and heretofore unquestioned. Sir, what a gression. A fleeting thought which passed me, and which spectacle of party infatuation have we now exhibited. I intended only to use briefly for the purposes of illus- This resolution passed the House by a majority of perhaps tration, has led me on to the consumption of triple the three-fourths. It had been debated for several months, time I intended to employ upon the whole subject. every inch of ground disputed, and it never occurred to only rose to reconcile my vote upon the second, with my any member, or any body in or out of Congress, that the vote upon the first resolution. My object has been to power did not exist in the House to pass such a resoluprove that there has been no violation of the constitution, tion. And, moreover, it is a power frequently heretoso as to call on us to vote upon this other than as a ques-fore submitted to. Yet, so soon as the pleasure of the tion of pure expediency. The object of my digressive bank is known, a flood of light bursts upon the land, and illustrations and references has been to prove, that those members are now expected to censure their own prewho are foremost in denying the existence, and denoun- sumption, for voting for a resolution now for the first cing the exercise of an Executive power, plain, and set- time ascertained to be unauthorized.

tled by long construction, have no peculiar claims to at- He said it had been frequently stated that administratention upon that subject. As he had unintentionally tion men were "collared." This might be so with some, consumed so much time, he would cut short to a conclu-in one sense. But it seemed to him, if administration sion. He could do so with the more propriety, as the men wore a collar, that many bank men are not only colSenator from New York had fully anticipated him, and to lared, but yoked, harnessed, hitched, and blindfolded. whose arguments he referred. Sir, said he, I would not do the bank injustice; but I think it has been unfortunately advised in this case. power given to examine, was only to make clear a right to which the Government would seem to have a claim, upon common law principles. The Government is both a principal and partner; and, in either character, should

He said, then, there being no violation of the constitution, the question was one of expediency. Was it then expedient to restore the deposites, unless the bank was to be re-chartered? He thought not. If there were any hope of a re-charter, he would vote for the restoration.

The

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