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SENATE.]

Memoria's from Harrodsburg, (Ky.,) and Kenhawa, (Va.)—Foreign Silver Coins. [JUNE 16, 1834. should have received, but for the fatal shock to the cur- came from the House, did not regulate the weight of rency and to credit. coins. He had received a communication from the di

I still think, as I have thought heretofore, that these rector of the mint, and also one from the committee of "Executive measures" have carried throughout this the other House, on the subject, and he believed they whole country desolation and wretchedness, prostrating were right in the opinion that the weight of coins should the hopes of thousands of honest and useful men, robbing be established. The first amendment, therefore, propothe laborer of his hire, and industry of its just reward, sed, was to make the limitation of the dollar to the weight and producing an aggregate of national mischief and of 415 grains; the next to establish the weight of the ruin, which years of prudent discretion will not com- French five-franc pieces at 384 grains. pensate.

Mr. WEBSTER now modified his motion to refer to the Committee on Finance, and moved that the communication he laid on the table and printed; which was agreed to.

HARRODSBURG (KY.) MEMORIAL.

There being no further amendments offered, the ques tion was on ordering the bill to be engrossed for a third reading; when,

These amendments having been read, were agreed to. Mr. W. then said he had another amendment to propose, which had been suggested to him by the director of the mint; it was on fixing the fineness of the South American dollar. The Senate would recollect that, by the bill, the dollar was regulated, "when of not less Mr. BIBB presented the memorial of a large and re- twelve grains, of pure silver, in the troy pound of twelve fineness than ten ounces, fifteen pennyweights, and spectable meeting of inhabitants of Harrodsburg, that por- ounces of standard silver, at one hundred and sixteen tion, Mr. B. said, of his State which, during this session, cents and one-tenth of a cent per ounce." Now it was had been so unfortunate as to be disfranchised. Under these circumstances, he felt himself peculiarly called upon leave the South American dollar of the value of one hunproposed to strike out these 12 grains, which would still to present this memorial, and to speak in its favor. He was acquainted with the officers who presided at this red cents; but if the twelve grains were retained, it meeting, and he felt assured that they would not desig-coins which were worth the American dollar. He therewould exclude a great many of the South American nate it as numerous and respectable unless it were so in fore moved to strike out the twelve grains; which was reality. Mr. B. here alluded to the manner in which the meagreed to. morialists had been deprived of their member in the other House, and stated that the conduct of the sheriff of the County, by whose instrumentality this result was effected, Mr. CALHOUN hoped the Senator from Massachusetts had produced an expression of the highest reprobation on the part of the popular branch of the Legislature of would consent to lay the bill on the table for the present. Kentucky; the members of that part of the Legislature The measure was a very important one, and demanded of increasing the issues of bank paper. If the object of some consideration; he thought it would have the effect the bill was to increase the amount of bank discounts, the measure was a very judicious one. find it to their interest or convenience, to pay out their specie by weight instead of by tale, and a majority of the community would not receive it unless by the former Mr. LEIGH presented the memorial of above seven method. The bill, he repeated, was an important one, hundred citizens of Kenhawa county, Virginia, stating demanded some consideration, and he, therefore, moved that the operation of their business was very much em- to lay it on the table. barrassed, and that they were suffering under grievous Mr. WEBSTER requested the gentleman from South distress. Whether this was caused by the bank, or by Carolina [Mr. CALHOUN] to withdraw his motion for a mospeeches in this House, or by Executive interference, ment; which request having been acceded to, Mr. W. Mr. L. would not now undertake to determine, but he said, if the gentleman would permit the bill to be enmust be allowed to say, that the memorialists knew better grossed for a third reading, he would, at its last stage, what they felt, than those who undertook to show it by make further explanations. His object was, at this late analogical arguments. They stated that their profit was period of the session, to save time. He had received derived from the manufacture of salt, which is now in a many communications from gentlemen in the commercial state of embarrassment and distress. They felt also an- world, showing the great anxiety there was for the pasother distress, in common with every citizen of this com- sage of this bill, and its importance to their interests. munity, that the constitution and the laws of the country There was some importance, he thought, in regulating have been trampled under foot. They expressed their the South American coins.

to which he referred, had almost unanimously expressed their desire that the act of the sheriff should be made a penitentiary offence.

Mr. B. moved that the memorial be read, printed, and referred to the Committee on Finance. It was so ordered.

KENHAWA (VA.) MEMORIAL.

Banks would

opinion in strong and indignant terms, that the act of the Mr. EWING thought the honorable gentleman from Executive in removing the deposites, was contrary to the South Carolina was mistaken. The bill did not provide Jaws and constitution of the United States, and they rep-that foreign coin should pass by weight, but by tale: resented farther, that the protest of the President set up if it had been made to pass by weight, the effect of maa claim to power which was little short of monarchical. king the coin pass current would have been defeated. Mr. L., on account of the state of business in the Senate, Mr. CALHOUN expressed himself satisfied with the and his anxiety to adjourn, in common with other Sen- honorable Senator's explanation. ators, would only ask that the memorial be read, referred, and ordered to be printed; which was ordered accordingly.

FOREIGN SILVER COINS.

On motion of Mr. WEBSTER, the Senate proceeded to the consideration of the bill from the House to regulate foreign silver coins.

Mr. CHAMBERS observed, that he would have a provision inserted, making it a legal tender.

Mr. WEBSTER said it was so understood; the bill set forth that the coin should pass current, as money, in the payment of debts, therefore that must make it a tender. and the bill passed to its third reading The amendments were then ordered to be engrossed,

COMPENSATION TO Mr. POTTER.

Mr. W. said that this was a measure of great importance to the commercial community, and he hoped that there would be no delay in passing on it. He had some The resolution submitted by Mr. WRIGHT, to comamendments, which the Committee on Finance had pro- pensate the honorable Elisha R. Potter, for his attendposed, and which he would briefly state. The bill, as it ance while claiming a seat in the Senate, under the au

JUNE 17, 1834.]

Compensation to Mr. Potter.-General Appropriation Bill.-Duties on Lead.

[SENATE.

thority of a certificate of the Governor of Rhode Island, was taken up.

Mr. WRIGHT then made some observations in favor of the resolution.

TUESDAY, JUNE 17.
DUTIES ON LEAD.

On motion of Mr. FRELINGHUYSEN, the bill conIt was opposed by Messrs. Poindexter, CLAY, cerning duties on lead, which was lying on the table, was and WEBSTER.

Mr. BIBB moved to strike out the words "is entitled to receive his compensation," and to insert in lieu thereof, "ought, under the circumstances, to be paid;" which Mr. WRIGHT accepted as an amendment.

Mr. CLAY then moved to refer the resolution to the Judiciary Committee.

Mr. WRIGHT expressed himself favorable to the ref erence, and the motion was agreed to.

GENERAL APPROPRIATION BILL.

Mr. WEBSTER, in pursuance of notice given, moved to take up the bill making appropriations for the support of Government for the year 1834.

Mr. POINDEXTER would suggest to the honorable member, as the day was far advanced, the propriety of postponing the bill until to-morrow.

Mr. WEBSTER remarked, that to-morrow was set apart for the consideration of another subject. He had no intention of pressing the bill to a decision to-day, but he thought they might now get through some of the amendments.

Mr. PRESTON hoped the honorable Senator from Massachusetts would postpone the consideration of the bill for the present.

Mr. WEBSTER repeated, that, as to-morrow would not be an open day, the Senate had better take up the bill, and make some progress in the amendments.

taken up for consideration.

A verbal amendment, proposed by Mr. FRELINGHUYSEN, having been agreed to

Mr. FRELINGHUYSEN briefly explained the character of the bill. It had been rendered necessary, by the attempts which had been made to evade the duties imposed by the tariff act of 1833. The importers had adopted the practice of introducing lead in busts, and other forms, so that instead of paying the proper duty of three cents per pound, imposed by the act, they had only paid a duty of fifteen per centum ad valorem, thus producing great injury to the public revenue. It is provided, by the act of 1833, that a duty of three cents shall be imposed on all lead, except where specific exceptions are made by the act.

He moved to amend the bill, by introducing the following proviso:

"Provided, That this bill shall not extend to, or affect the existing duties on red and white lead, shot, and litharge."

Mr. CALHOUN expressed his entire willingness to agree to any measure, the object of which was to prevent the commission of fraud, but he was not disposed to sanction any proposition which went to extend the protective duties. For the purpose of further looking into the bill, he would move to lay the bill on the table.

Mr. FRELINGHUYSEN (the motion having been withdrawn) said, that all the provisions of this bill looked to Mr. PRESTON should greatly prefer that it be post-that sole object, of preventing fraud, except that clause poned. Indeed, he was by no means sure that the bill which imposes a duty of two cents on lead ore; and this should not be laid upon the table, till other matters, of an duty had been suggested by one of the Senators from Misimportant nature, were disposed of. Where, he would souri, as absolutely necessary for the protection of our ask, was the Treasury of the United States? What con- own interests. He was instructed by the gentleman from trol had Congress now over it? He would suggest to Missouri to say, that the quantity of lead ore produced at honorable Senators the propriety of considering, before our mines was sufficient, and more than sufficient, for our they passed any appropriations, whether something ought own consumption. But if any objection should be made not to be done in regard to securing the Treasury of the to the clause, he would willingly withdraw it. country. He, for one, was extremely indisposed to go Mr. CALHOUN renewed the motion to lay the bill on into the consideration of the appropriation bill at all, until the Treasury was secured under the provision of law, and taken from irresponsible hands, and put into those which were responsible.

the table.

Mr. CLAY (the motion being again withdrawn) stated, that there seemed to be two objects contemplated by this bill: one was the prevention of fraud, and the other was To the extent of Mr. WEBSTER said, that he should move to take up an increase of the duty on lead ore. the bill to-morrow morning, immediately after the reading the prevention of fraud, the bill was certainly a proper of the Journal, if the gentleman who had given notice to one, and ought to pass. He should certainly have no obcall up another important subject, would give way. At jection to the bill to this extent; but however proper the all events, he should not be willing to defer the matter additional duty may be, he hoped the clause would not beyond Wednesday next. now be pressed.

Mr. PRESTON said, that he had thrown out the sug- Mr. PRESTON expressed some doubt as to the progestion which he had made, that gentlemen might consid-priety of striking out the clause in dispute. He should er whether it would be proper to go into the consideration feel regret if the motion made by his colleague should of the general appropriation bill, until they knew where have the effect of destroying the bill. He went on to sugthe Treasury was. lle would not, however, pledge him- gest, that the better course probably might be, to follow self to any course. the example set by Congress last session, in the measure

Mr. FORSYTH said, that if the Senate went into the then adopted for the purpose of preventing frauds in the consideration of the bill, they might act on the amend-importation of sugar, which had been imported from some ments only, and defer the consideration of general merits of the West India islands in the form of sirup. till some other time.

The bill was then postponed until to-morrow. The resolution submitted by Mr. CLAY, calling on the Treasury Department for the amount of scrip issued to satisfy Virginia military land warrants, and warrants for officers of the continental line, with the number and extent of the warrants, was considered, and, after some remarks from Messrs. CLAY, TYLER, BIBB, and LEIGH, the resolution was adopted.

The Senate then adjourned.

He

thought that the best course might be to confine the present bill to the bill which had passed to prevent that kind of fraud. He hoped that his colleague, if he persevered in his motion to lay the bill on the table, would fix as early a day as possible to take it up for consideration and decision.

Mr. CALHOUN said, that the principle for which he Every thing should be contended was an obvious one. done which could have the effect of preventing fraud, but nothing ought to be sanctioned which looked beyond that purpose. He only desired so much time as would

SENATE.]

Moses Shepherd.-Duties on Lead.-French Spoliation Bill, &c.

[JUNE 18, 1834.

enable him to make a more deliberate examination of the cording to Thomson's measurement, he had no right to bill, and it was not probable that he should require longer than to-morrow morning.

On motion of Mr. CALHOUN, the bill was then laid on the table.

MOSES SHEPHERD.

On motion of Mr. HENDRICKS, the bill for the relief of the legal representatives of Moses Shepherd was taken up. Mr. BLACK opposed the passage of the bill.

stand before the Senate; if he had not, he came there for justice. That he was not settled with was obvious; and, therefore, upon all the examination which had been given to the case this morning, he thought the bill ought not to pass.

Mr. FORSYTH moved that the bill be referred to the

Committee on Roads and Canals.

Mr. BIBB said, every claim the man had was granted, Mr. BENTON was aware of the grounds of the objec-and he read a report which gave a part of the history of tion. It was before the Senate in 1825, but there were the case, and showed that the differences between the evidences now which would remove all scruples. The Government and Shepherd had been settled.

items now claimed had never been settled, while the claims of all the other contractors had been paid. Mr. LEIGH advocated the passing of the bill. The charge was for work actually done, and a difference occurring between the charge made by Shepherd and the report of the surveyor for the Government, Shepherd was paid so much as there was no dispute about, and the remainder was left for future consideration.

Mr. POINDEXTER said, that all the contractors had been allowed payment according to Thomson's measurement, except Shepherd, and the question was, whether there should be a difference.

Mr. SHEPLEY briefly replied.

The question on ordering the bill to a third reading was then taken, and decided as follows:

YEAS.-Messrs. Chambers, Clay, Ewing, FrelinghuyMr. KING, of Alabama, said that it was suspected that sen, Hendricks, Knight, Leigh, McKean, Naudain, Pointhe charge made covered more work than was actually dexter, Porter, Prentiss, Robbins, Robinson, Silsbee, performed. Persons were employed to survey it. As Smith, Tallmadge, Tomlinson, Tyler, Webster.-20. the contractors had been paid according to their stateNAYS.-Messrs. Bibb, Black, Brown, Calhoun, Forment, therefore this man thought himself entitled to the syth, Grundy, Hill, Kane, King of Alabama, King of whole charge. The law contemplated a final settle. Georgia, Linn, Mangum, Moore, Morris, Preston, Shepment, and that settlement was made at the time. The ley, Southard, Swift, Waggaman, White, Wright.-21. claim was so doubtful as to be rejected by the Government, rejected by the commissioners, rejected by Congress, and rejected by the party himself. He could not vote for the bill.

Mr. HENDRICKS replied. The law of 1825 was for a specific amount for certain items, not one of which was mentioned in the present charge. The bill was brought in just before the close of a session; there was no time to examine the accounts, and a specific sum was given, and the remainder was left for future adjustment.

Mr. SMITH thought the bill ought to pass. He put it on the ground of a settlement between two parties, where certain charges were mutually agreed upon and paid, leaving those in dispute for future settlement.

Mr. LEIGH went into a history of the case.

Mr. SHEPLEY was a member of the committee which reported the bill, and thought that the facts were not ex. actly as they had been stated by the honorable Senator from Virgini. He gave a statement of the case, from which it appeared that there was a collision between the contractor and the superintendent. The work was measured again, and the result differed from both of the former measurements. The whole claim and proceedings were referred to the Secretary of the Treasury. The Secretary adjusted the amount during the recess between 1824 and 1825, and allowed a little larger sum than the committee of the House had allowed, but not so much as was now claimed. There had been an equitable settlement made, and as the present claim was for an equitable settlement, after an equitable settlement had been made, he was opposed to the bill.

Mr. HENDRICKS said the remarks of the honorable Senator from Maine did injustice to the bill. He read over some of the former reports connected with the subject, to show that Mr. SHEPLEY's statement was not corHe wished to refer it again to the Secretary of the Treasury.

rect.

Mr. BLACK again spoke in opposition to the bill. Mr. FORSYTH said, that his view of the case was, that because the memorialist could not settle with the Treasury, he applied to Congress for an equitable settlement; Congress made it, and, not yet satisfied, he wished to refer it again to the Secretary of the Treasury. The only way to settle it would be to let a committee examine the case and report the amount.

DUTIES ON LEAD.

Mr. CALHOUN then moved to take up the bill concerning the duties on lead; which was agreed to; when the proviso offered by Mr. FRELINGHUYSEN was adopted.

Mr. CALHOUN moved to strike out that part of the bill imposing duties "on all lead in whatever shape imported," and insert in lieu of it, that the article shall be subject to a duty of "double the value of the raw material;" which was adopted.

On Mr. C.'s motion, the bill was further amended, by striking out the duty of two per cent. per pound, inserted by the House; when, after some conversation between Messrs. CLAY, CALHOUN, and LINN, the bill was ordered to be engrossed for a third reading.

On motion of Mr. TYLER, the Senate proceeded to the consideration of Executive business. When the doors were opened, the Senate proceeded to the consideration of the

FRENCH SPOLIATION BILL.

[This bill provides for the satisfaction of claims due to certain citizens for spoliations committed on their commerce prior to the 30th day of September, 1800.]

After the adoption of several unimportant amendments, and was followed by Mr. FORSYTH against, and Mr. Mr. CHAMBERS spoke at length in favor of the bill, WEBSTER in favor of it; who both declined going at large into the merits of the bill, reserving their views

for another occasion.

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TOLLAND COUNTY (CONN.) MEMORIAL. Mr. SMITH presented a petition signed by 736 of the citizens and electors of the county of Tolland, in the State of Connecticut, on the subject of the removal of the public moneys from the United States Bank, and the Mr. TYLER said, if Shepherd was allowed pay ac.measures of the Executive generally, in relation to the

JUNE 18, 1834.]

Tolland County (Conn.) Memorial.

[SENATE.

finances. The people of Connecticut, Mr. S. said, par- rather to rejoice: for, though he could in truth boast of ticularly that part of the State from which the memorial as true and faithful friends as any man ever had, he had came, were not yet satisfied, notwithstanding all they long been convinced that his enemies had rendered him have heard to induce them to that belief, that their pecu- more essential service than his friends. niary embarrassments have been produced by speeches in

The petition was read, referred, and ordered to be printed.

But, said Mr. McK., how stands this case? He held in the Senate, or have resulted from the action of the Bank his hand a statement, made by one of the under secreof the United States. These respectable petitioners, of taries, from the Senate files, showing the number of indithe number of 736, as he had just stated, say that their viduals from Pennsylvania who had petitioned that body business as agriculturists, mechanics, and business men to restore the deposites, and also the number of those generally, was formerly prosperous, but that now, in who had remonstrated against the restoration. This inconsequence of Executive measures, they find an excluded all who had actually signed memorials on both ceedingly limited market for the produce of their farms, sides, which had been presented to the Senate, during and the products of their workshops, and their manufac- the present session, from Pennsylvania, and stands thus: tories; and that many manufactories, once thriving, had from the counties of Union, Cambria, Northampton, Cumbeen under the necessity of stopping their spindles and berland, Montgomery, Adams, Mifflin, Northumberland, discharging their workmen. These petitioners, said Mr. Bradford, Susquehannah, Chester, Delaware, Lycoming, S., have been accustomed to read and reflect; they per-Huntingdon, Franklin, Lancaster, Schuylkill, Berks, Alfectly understand the condition in which they are placed, leghany, Philadelphia county and city, Pittsburg, Moyaand without entering into any argument, they express mensing and Southwark, Oxford, Byberry, Waynesbortheir honest opinions on the pecuniary embarrassments of ough, Tamaqua, Germantown, Bristol, Pottsville, and the country, and pray Congress to restore the public de- Muncy creek, (towns and villages,) forty different memoposites to the bank, and to re-charter it, with certain rials, signed by thirty-eight thousand and seven hundred modifications, as the only means of relieving the general freemen of Pennsylvania, complaining of distress, and distress. praying for the restoration of the deposites; and opposed to this, from Pennsylvania, are six, and only six memorials, from Philadelphia, Pittsburg, and the county of Mr. McKEAN said he did not rise to interfere with the Schuylkill, signed by only five hundred and seventy-one prerogative of the honorable Senator from Connecticut, individuals, who remonstrate against the restoration of the nor would he obtrude upon the Senate his opinions of the deposites, exhibiting a disparity of more than sixty-seven merits or demerits of the memorial just presented by the to one, and an aggregate majority of thirty-eight thousand honorable gentleman. He had generally found it to be one hundred and twenty-nine in favor of restoring the dethe best policy to mind his own business; but he consid-posites. What is the duty of a faithful representative of ered the present a legitimate occasion, in parliamentary the people under such circumstances? Shall he, because order, as connected with the same subject, to correct all have not complained, turn a deaf ear to the thirty-nine some misstatements which were going the newspaper thousand who have laid their petitions at his feet? In rounds, in reference to himself. It had, he knew not giving his vote for the restoration of the deposites, he had how, got into print, that he should have said, in his place not consulted the mere will of the Executive, nor that of as a Senator, that a majority of the citizens of Pennsylva- any other individual; nay, he had not consulted his own nia were opposed to the removal of the deposites. Now will. He was, what he professed to be, the sincere friend he averred, in the face of the whole Senate, that he had of Andrew Jackson, though he detested many of the repnever, publicly or privately, said any such thing; nor tiles that were basking in the beams of his effulgence, should he now presume an opinion, the one way or the and, without authority, presuming to act and speak in his other. What he had said on that subject was strictly name. But he was, also, on that floor, the humble repconfined to the opinions of the petitioners whose memo-resentative, in part, of the people of Pennsylvania; and, rial he was at the time about to present, and then only in if he understood their interest, and knew their will, on cases where he had been, by letter or otherwise, request-questions of mere expediency, he would advocate the ed to do so. Why, sir, said Mr. McK., it might be con-one, and obey the other. Please or displease whom it sidered presumptuous, if not impertinent, for a Pennsyl- might, he was a party man as far as conscience would vania Senator to venture an opinion on this floor as to the permit. IIe abhorred and condemned alike a captious general political character of that State, when there are opposition and a blind and sycophantic devotion to any so many other gentlemen, on either side of the question, administration. who seem to understand precisely not only what the polit- He desired to examine this matter a little further. He ical sentiment of the people of Pennsylvania now is, but had another statement, made out by the same officer, what it will be in all time to come. And from these er- from the files of the Senate, which showed that there roneous statements, it had been ungenerously inferred have also been presented to the Senate, from Pennsylvathat he, Mr. McK., was not quite as good a Jackson man nia, resolutions and proceedings of thirty-five meetings of as he ought to be. It was not, he said, because he was ap- the people in their primary assemblies; also eleven corpoprehensive that if this should reach the ears of the Execu-rate bodies, and resolutions and proceedings of one genertive, that it would deprive himself and family of their daily al State convention; making in all forty-seven, all recom bread, that he noticed it, but he did not like to risk the mending that the public deposites be restored: and on the injurious effects that might result to his State and consti- other side there have been only resolutions of twelve tuents by thus insidiously frittering away his well-known meetings of citizens opposed to the restoration presented influence with the present administration. He had on to the Senate from Pennsylvania. another occasion said he would vote to restore the depos- Supposing the question be tested exclusively on party ites, not because his own mind had changed, nor because ground, and let the friends of General Jackson only be he believed the restoration would afford the desired re-heard, he was certainly within bounds when he said, that, lief, but because a very large majority of his constituents, of the 38,700 petitioners, there were at least 8,000 of who had expressed an opinion on the subject, had asked them General Jackson's sincere friends, and very many of for the restoration as a measure of relief, and for so doing them his most active supporters; and several of them, as he had been proscribed and denounced as a traitor by a well as himself, were members of the electoral college in certain well-disciplined corps, who had ceased not day nor 1832, and gave him their votes. Then we have 8,000 night to pursue him since a certain period in 1829. He against 571; about fourteen Jackson men in favor, to one did not complain of this; very far from it. He ought Jackson man opposed to the restoration. So, consider it

SENATE.]

Memorials from Pennsylvania and Kentucky.

[JUNE 18, 1834.

in what light you please, either as a question of general and in a moment of pressure of other business, either to expediency, or as purely a party question, his vote was prevent the nomination of any Secretary, or that delibercorrect, if the will of the people, as expressed, was to be ate consideration which is necessary and becoming, conconsidered at all binding upon the representative. He cerning the nominations submitted to them by the Presihad conscientiously listened to the complaints of the peo- dent. ple; and, if that be treason, let his enemies make the most of it.

While he was up, he would also say, that it might be well, to use the language of the President, to examine PENNSYLVANIA AND KENTUCKY MEMORIALS.gally appointed, since September last. Certainly there whether we have had any Secretary of the Treasury, le

had none been appointed by and with the advice and consent of the Senate. He considered it, however, doubtful whether the Secretary of the Treasury had ever been constitutionally appointed by the President.

Mr. CLAY said that he rose to discharge a duty in presenting certain memorials which had been intrusted to him. The honorable Senator from Pennsylvania had used language, and sentiments, in reference to the course which he intended to pursue, which reflected the highest He would briefly state the grounds on which he had honor upon him; and if that gentleman had waited a few come to this conclusion. By the constitution, it had been moments, he would have the opportunity of swelling con- declared that the President should have power to fill vasiderably the number of those citizens of Pennsylvania, vancies happening during the recess, by granting comwho had transmitted hither their disapprobation of the acts missions which shall expire at the termination of the next of the Executive. session. How was the fact? In the last days of the

Mr. C. said he was charged with the presentation of a month of May in last year, the President had removed the memorial from Huntingdon county, Pennsylvania, con- Secretary of the Treasury, by placing him at the head of demning the course of the Executive in withdrawing the the Department of Foreign Affairs, and put Mr. Duane public deposites from the United States Bank, and ex-at the head of that Department. He doubted whether pressing their desire for the establishment of a national the President had a right to create a vacancy which had bank. Also, a memorial from another part of Pennsyl-not actually happened. That point, however, he was vania, highly respectable, and not perhaps much better not now disposed to stir again. The President appointed known to the Senators from Pennsylvania than to himself, the Secretary about the 30th May, and in making that apas he had not very long since passed through it. This pointment, he gave him, in conformity with the provision memorial was from Cannonsburg, where there was estab- of the constitution, a commission, on the face of which it lished a seminary of learning of a very high character. was stated that it would expire at the termination of the In this memorial, the petitioners express also their disap-next session. Thus Mr. Duane passed into office, the probation of the removal of the deposites, and their desire tenure of which had been fixed by the constitution, the for the renewal of the charter of the bank; and also their commission being made out to expire at the end of the condemnation of the protest of the President. They de- next session. Now, it had been contended on this floor clare the sentiments expressed and the powers claimed in that, if the President had sent in the gentleman now at this protest, if carried out into practical operation, would the head of the Treasury for confirmation, and he had convert our republican system into a despotism; and they been rejected, he would have still had a right, under his further express, in the highest terms, their approbation commission, to remain in office until the termination of of the conduct of the Senate. the present session. Now, if the constitution was bind

He had also received similar proceedings and resolu-ing, in this provision, on the Senate, it was also binding tions from two counties in Kentucky; one in the northern as respected the President. It must be equally obligatory part of the State, near Cincinnati, which was represented on all. How then could the President derive the power, in the other House by his colleague, Colonel Johnson. after giving to Mr. Duane a commission which would not These proceedings indicate similar sentiments from the expire until the end of the session, to turn Mr. Duane inhabitants of Boon county, as to the withdrawal of the out, and to give to Mr. Taney a similar commission? deposites and the re-charter of the bank; and express What part of the constitution had given him this power? also a decided approbation of the conduct of the Senate. Was it the power of dismissal? He did not now mean to There was a similar proceeding from Bowling Green, in call up a discussion on this point, and he regretted the the south part of the State, conveying the sentiments of impossibility of taking up the resolutions which he had a very large meeting, disapproving of the act of the Presi- offered some time ago, at the present session, pledging dent in withdrawing the public deposites, and removing himself, should he be here at another session, to call them the Secretary of the Treasury; and also disapproving the up then; but he meant to ask if the power of dismissal, claims to power, set up in the protest of the President, as it existed, was an express power to be found in the and approving of the course of the Senate in resisting constitution in so many words. It was an implied power, those claims. a power deduced, and not a power expressed. If it was He would ask that these memorials and proceedings be, an implication, were gentlemen prepared to maintain without reading, referred to the Committee on Finance. their proposition in an implied power, and, in his opinion, But he could not deny to himself the present opportunity doubtfully implied, to change the duration of the officer's of saying, that it was now upwards of twelve months since term from the time specified in the commission? Genthe country had had any Secretary of the Treasury, ap-tlemen might assume the ground that it was strange that pointed by and with the advice and consent of the Senate. the President should have the power to discharge a SecWe had now reached the seventh month of the session retary of the Treasury at his pleasure, and yet should not without any nomination of a Secretary of the Treasury, in have the power to discharge a Secretary while the term pursuance of the constitution. And now we had but ten of his commission was unexpired. But if the provision of days, including this day, remaining of this long and pro- the constitution be specific and obligatory, it was not for tracted session; and he would repeat, that, up to this mo- gentlemen to reason away that provision, but to comply ment, there had been no nomination of a Secretary of the with it. They could not show that the power of dismissal Treasury for the consideration and decision of the Senate. could set aside a declaration of the constitution that the He would not say what was the design of the President in commission of a Secretary appointed during the recess, thus delaying his nominations; he was incapable of ascer- should continue until the termination of the next session. taining the motives of the Executive; no human being could do so; but whether or not he so designed, the effect would be to delay the nomination to the last moments,

The clause in the constitution was unconditional. The President shall fill up vacancies by commissions which shall expire at the end of the next session. How, then,

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