Abbildungen der Seite
PDF
EPUB

FEB. S, 4, 1834.]

Memorial of Merchants, &c. of New York-Extension of the Pension Laws.

[H. of R.

gium, and given it absolution from all sin; and laid at the ment? Sir, I will tell him that it was the sage of Montidoor of the venerable Chief Magistrate of our country the cello-the great apostle of const tutional liberty-the whole load of censure for this pecuniary pressure upon sainted Jefferson. But alas! sir, for poor humanity! the people. All this might have been overlooked; but abuse, and calumny, and revilement, have ever been the in tones of bitter sarcasm and derision, he speaks of "this tax imposed on genuine greatness. father of his country" wishing to unite in his own hands the power of the sword and the purse, to prostrate the liberties of his country.

"Detraction ever loves a lofty mark!"

It has ever been the province of envy to bring down Oh, shame, where is thy blush? Andrew Jackson turn to the degradation of its own level those elevated above "despot" and "usurper" in his old age! One who, its reach. Why, sir, Washington had his enemies; Jeffrom very infancy, as it were, until the snows of nearly ferson his revilers; and how can the patriot Jackson hope threescore years and ten had whitened his honored head, to escape? Sir, he has been threatened with the dagger had presented a life of constant peril and patriotic devo. of the assassin. But, die when he may, and how he may, tion to his country. With the evidences of his attachment grief from the heart of every patriot will lament his death, sealed by the free outpouring of his blood-that such a and tears from the eye of gratitude will moisten his tomb. man, in the chill winter of his life, should be denounced When Mr. L. had concluded, the question was taken, by a statesman, in the councils of his country, as a tyrant and the memorial referred, without instructions, to the and a monster, still grasping after power, and aiming to Committee of Ways and Means by the following vote: overthrow the liberties of a people he had periled every YEAS.--Messrs. John Adams, William Allen, Baylies, thing to defend! Jackson betray his country, sir! He Beale, Bean, Beardsley, Beaumont, John Bell, James who, at a time when there was room enough for skulk- Blair, John Blair, Bockee, Bodle, Boon, Brown, Bunch, ing, declared to his little army that his own body should Burns, Cambreleng, Carr, Casey, Chaney, Chinn, S. Clark, "perish in the last ditch," before the foot of the proud Clay, Coffee, Connor, Cramer, Day, Dickerson, Dickinand brutal invader should pollute the soil that he defend- son, Dunlap, Ewing, Forester, Fowler, W. K. Fuller, ed. He whose sleepless energy and unwavering patriot- Galbraith, Gillet, Joseph Hall, T. H. Hall, Halsey, Haism threw around the besieged city a protecting bar-mer, Joseph M. Harper, Harrison, Hathaway, Hawkins, rier, that was a wall of fire to the foe, and a safe sanc- Henderson, Howell, Hubbard, Abel Huntington, Inge, tuary to its terrified inmates, from the violence of a brutal Jarvis, Richard M. Johnson, Noadiah Johnson, Cave Johnsoldiery. He, who, when the battle had been won, when son, Seaborn Jones, Benjamin Jones, Kavanagh, Kinnard, the shouts of victory were still pealing in his ears-cover- Lane, Lansing, Laporte, Lawrence, Luke Lea, Thomas ed with laurels that were yet bright and verdant with the tears of gratitude from a redeemed people; surrounded by the gleaming sabres and glistening bayonets of his victorious troops, in the heat of victory, and in the hour of triumph--this usurping chief, this bold and lawless despot, walked into your court of justice, and, with a calm sub. mission to the civil authority, paid from his own pocket a fine of one thousand dollars, (for which, to this hour, he has received no remuneration,) for the sin of employ. ing the only earthly means allowed him of saving the city in which he thus stood from sack and pillage! But this is your "usurper!" and now, when all that mortal could desire to soften the asperities of a long and toilsome life, in his rapidly declining passage to the tomb; struggling as ever to give his last energies to vindicate the laws, and bring back his countrymen to the strict observance of the pure principles of constitutional liberty; alone in this world, which he must soon exchange for a better; in the tameness of his age, with his blood kept warm only by the undying fires of an unextinguishable patriotism within his own bosom; this venerable patriot-the head of our Government-wifeless, and, sir, childless-ay, without even the apology which might be presumed to influence one governed by the hope of lineal succession-this is the man that sage and upright patriots tell us is the usurper of the laws, the invader of our constitution, and the enemy of his country!

"Can such things be,

And overcome us like a summer cloud,
Without our special wonder?"

Lee, Leavitt, Lucas, Lytle, Abijah Mann, J. K. Mann,
Mardis, McIntyre, McKay, McKim, McKinley, McVean,
Miller, Robert Mitchell, Muhlenberg, Murphy, Osgood,
Page, Parks, Parker, Patterson, D. J. Pearce, Peyton,
Franklin Pierce, Pierson, Plummer, Polk, Pope, Ram-
say, Schenck, Schley, Shinn, Charles Slade, Smith,
Speight, Standifer, Sutherland, Wm. Taylor, Francis
Thomas, J. Thomson, Turner, Turrill, Vanderpoel, Van
Houten, Wagener, Ward, Wardwell, Wayne, Webster,
Whallon, C. P. White.--113.

NAYS.--Messrs. J. Q. Adams, Heman Allen, John J.
Allen, C. Allan, Archer, Ashley, Barber, Barnitz, Bar-
ringer, Bates, Beaty, James M. Bell, Binney, Bouldin,
Briggs, Bull, Burd, Cage, Carmichael, Chambers, Chil-
ton, Choate, Claiborne, William Clark, Clayton, Clow.
ney, Corwin, Coulter, Crane, Crockett, Darlington, W.
R. Davis, Amos Davis, Davenport, Deberry, Deming,
Denny, Dennis, Dickson, Duncan, Evans, Edward Eve-
rett, Horace Everett, Felder, Fillmore, Foot, Foster,
Fulton, Gamble, Gholson, Gilmer, Gordon, Gorham, Gra-
ham, Grennell, Griffin, Hiland Hall, Hard, Hardin, James
Harper, Hazeltine, Heath, Hiester, Jabez W. Hunting-
ton, W. C. Johnson, King, Lewis, Martindale, Marshall,
John Y. Mason, McComas, McKennan, Milligan, Moore,
Patton, Potts, Reed, Rencher, Selden, Augustine H.
Shepperd, William Slade, Sloane, Spangler, Stoddert,
William P. Taylor, Tompkins, Tweedy, Vance, Vinton,
Watmough, E. D. White, Frederick Whittlesey, Elisha
Whittlesey, Wilde, Wilson, Wise, Young.-97.
And then the House adjourned.

TUESDAY, FEBRUARY 4.

Ah, sir, I can tell the gentleman, whose fears of the tyrant Jackson have so alarmed him, that, to find the true tyrant, he must change his venue; he must look else. EXTENSION OF THE PENSION LAWS. where for the despot the people have to dread. I would After the ordinary business of routine, the resolution of commend him to the good city of Penn, if he seeks to Mr. CHILTON on the subject of extending the pension find a throne in our country; there is none existing in laws, with Mr. BOULDIN's amendment, coming up as the the ten miles square. Such thoughts dwell not in the unfinished businessbosom of that old man, who, the gentleman sneeringly Mr. POPE observed, that he had but a few remarks to tells us, "has filled the measure of his country's glory." make, and that they should be hastily submitted. In fact, No, sir, I am wrong--he repeats this as the language of he should have contented himself with giving a silent the hero's sycophants, his base parasites and flatterers. vote on the resolution under consideration, had not the Does the gentleman know the real author of this senti-discussion which it provoked assumed an objectionable VOL. X.-164

H. OF R.]

Extension of the Pension Laws.

[FEB. 4, 184

aspect. But he felt constrained to say something, from of that view, referred to the resolutions of Congres the fact that the debate had unnecessarily wandered from the 21st of July, 1787, directing "the Secretary of W its legitimate sphere, and partaken of a spirit foreign to place the troops of the United States in such post from that good feeling and mutual harmony which should as should afford the most effectual protection to the fr prevail in the House. He felt impelled to speak, for the tier inhabitants of Pennsylvania and Virginia from the double purpose of presenting a few reasons why he thought cursions and depredations of the Indians; for preven the resolution should be adopted, and of redeeming from intrusions on the federal lands, and promoting a favora unmerited, but perhaps unintended imputation, the con- issue to the intended treaty." He also referred to duct of those who participated in the struggles to which other resolution of the same body, requesting the Ex: the resolution refers. And although, during the discus-utive of Virginia “to give orders to the militia in the d sion, unwarrantable imputations have been cast upon the trict of Kentucky to hold themselves in readiness to pioneers and early warriors of the West, yet this circum- with the federal troops in such operations as the stance should not provoke him to perpetrate injustice commanding them might judge necessary for the proc upon his unoffending fellow-citizens of the North. He tion of the frontiers; and that on the application of should not retaliate by fulminating charges against the commanding officer of the federal troops the said Em people of that quarter; nor should he seek to place their utive be requested to give orders that a part of side conduct in our warlike struggles in disadvantageous con- litia, not exceeding 1,000, be embodied, and take trast with that of their more western brethren. His pur-positions as the said commanding officer should direct pose was to vindicate the conduct and the cause of his acting in conjunction with the federal troops in pre neighbors, and of his friends, and of their fathers; not to ing and defending the frontier inhabitants, and in mi cast reproach, perhaps unmerited, upon others. He was such expeditions against the Indians, in case they on willing to admit that the people of the North had been tinued hostile, as Congress should thereafter order s ever animated by a disinterested attachment to country. direct."

He was willing to admit that the late war found their gal- These resolutions (continued Mr. P.) incontestably lant tars upon the deep, asserting, with the cannon's tablish the fact that the Federal Government looked a voice, their country's rights; that it found them boldly these wars as national in their character, and betraya careering through every sea, and giving our stars and anxiety on the part of the public functionaries f stripes to the breezes of every clime; but he asserted that day to bring them to a speedy termination. Yet, inc it also found the western warrior bleeding at every pore, spite of this testimony to the contrary, it is now grat and expiring upon every battle field. contended that they were private wars. Certainly Mr. P. inquired why the usual courtesy was not ex-assertion cannot be predicated on the fact, that the s tended to the resolution under discussion? Why it was ern country happened to be the exclusive theatre of th so bitterly opposed in its very incipiency? Why a com- shocking butcheries that occurred. Because, in that v mittee were not permitted to examine and report its of the case, Kentucky and Tennessee, and other States, merits? Were not the objects whom it seeks to benefit might, with equal propriety, contend that the late wa worthy of the kindness and consideration of the House was a private war, it not having been waged within the Had they not shed their blood, periled their lives, and territorial limits. But, sir, they did not assume that fought the battles of their country? ground. The people of those States were animated v the same hopes and fears that were felt by the patrists other States. They mourned over the reverses, and joiced at the successes of their country; and their swet were ready then, as they ever will be, "to leap from ter scabbards," at the call of duty.

But it is objected by the gentleman from Rhode Island [Mr. BURGES] that the wars in which they were engaged were private wars. That they were waged for the defence of individual rights and property. Can this be so (inquired Mr. P.) Look, said he, to western history, and see if the fallacy of the assertion is not stamped upon It has been well remarked (said Mr. P.) by one of every page. Look to general history, and it will be colleagues, [Mr. HARDIN,] that the wars spoken of st found that at the close of the revolutionary war, when a continuation of the revolutionary war. If this be the Atlantic States were enjoying the blessings of "pro- said he, the question is at an end. He proposed brie found peace and undisturbed repose;" when the last can- to examine that point, and desired it to be borne in m non's roar had died away upon the breeze; when the that, when the revolutionary war commenced, we we shrill notes of the fife had been succeeded by the busy at peace with every tribe of Indians. That the B hum of revived and awakened occupation; when the in- Government adopted the cruel policy of stimulating struments of death were laid aside for those of more savages to confederate with her troops in the war, and peaceful vocation-did the people of the West enjoy the imbrue their hands in our blood. That that Gover same happy state of things? Did they bask in the same literally bargained in American blood, and trafficked sunshine? Or were their midnight forests still lighted American scalps. To such a murderous extent was with the flames of continued war, and the very air loaded horrible policy pursued, that it roused the matchless Chi with the screams of murdered and mangled victims? ham to one of the noblest efforts of his life, and inc But how, said Mr. P., were these private wars? Of him to pour out his indignant feelings in strains of fert what character were the campaigns under Hardin, and eloquence unparalleled in the efforts of the times. W Harmar, and Clark--the great Clark, who has been justly peace ensued, what was the course (inquired Mr. P styled the Hannibal of the West? Of what character was pursued by the British Government? Did that Gover the campaign under the unfortunate St. Clair? Were ment surrender the posts on the lakes, or did it re these conducted to carry on private wars, or predatory them in open violation of the treaty concluded betwe wars to protect individual rights and property? Cer- the two nations? It not only retained them, said he, but tainly not. The rich blood that flowed in torrents at St. agents actually supplied the savages from thence with Clair's defeat flowed not in a private but in a public war. munitions necessary to continue the war and harass t St. Clair did not head a self-constituted band, congregated their butcheries and depredations. The savages did co for the purposes of plunder, or the prosecution of a pri- tinue the war, and it was from these very pusts that vate feud; but he commanded an army under the direc-victors of the unfortunate St. Clair and his army denn tion and control of the Government of the United States their implements of destruction. In the face, then, of from which authority he derived his commission of com- these facts, asserted by history, and corroborated by

mand, and to which he was amenable for his conduct. concurring testimony of the survivors of the scenes th

pritate

FEB. 4, 1834.]

Extension of the Pension Laws.

[H. OF R.

vars, or predatory wars? How can it be doubted that The CHAIR decided that the member from Tennessee hey were a continuation of the revolutionary war? It is [Mr. CROCKETT] was entitled to the floor, inasmuch as rue (said Mr. P.) there was a written treaty of peace; the member from Virginia had spoken already on this but it is equally true there was no peace. It is true there question.

vas an avowed and stipulated suspension of hostilities, but Mr. CROCKETT said he had not risen to make a miscelt is equally true that the British Government prolonged laneous speech. There had been too many speeches of he war through the means and agency of the savages. that sort already. He rose to move the previous quesThe glad tidings of peace had officially gone forth; but tion.

till murder and rapine reigned with unmitigated fury. The CHAIR decided that the previous question was Mr. P. considered there was no peace until an actual sus- not in order, at present, as the gentleman from Virginia ension of all hostilities; until the allies and confederates would be entitled to the floor after the gentleman from of the British Government had ceased to brandish the in- Tennessee had yielded it. ernal tomahawk; and until the military posts alluded to Mr. CROCKETT: Well, sir, I will make a little short vere actually surrendered by the British Government into speech. It was well known to this House and to the nahe hands of that of the United States. He dismissed this tion, he said, that he had always supported the pension art of the subject, by the avowal of an opinion that evey drop of patriotic blood that was spilt in those wars; very soldier that was slain; every scalp that was taken, and every victim that was butchered, was all done in a common cause, for the common defence, and during the continuance of the war of the revolution.

system. He had always contended that the volunteers and militia-men were even better entitled to pensions than the regular troops. The regulars sell themselves to the Government for a fixed price; but the volunteer goes into the war for the love of his country. He had no doubt that the Indian fighters were as much entitled to the Mr. P. proceeded to notice the objection taken to the bounty of the Government as any of the soldiers of the pension system by the gentleman from Virginia, [Mr. revolution. There was no question that they suffered as BOULDIN.] He was opposed to the amendment offered much as any men who engaged in any other service. y that honorable gentleman. He could not agree that They suffered as much by the scalping knife and from the he tendency of pensions was demoralizing. In this par- want of provisions. He had been accustomed to that sort icular case, it could not generate the spirit of idleness, of thing, and had taken a hand in it himself. His object which the gentleman from Virginia so earnestly depre- was to move the previous question, and, if it was not in ated, because the objects to be pensioned had already order now, he hoped it would be when the gentleman eached an age when their habits, good or bad, were from Virginia had spoken. He had now finished his ixed. They were now in the "sear and yellow leaf," speech. nd their habits were immutable. It had been also stated n debate, that the pension system was of demoralizing endency, inasmuch as it held out inducements to perjury. Mr. P. did not think this a sound objection. It was an Mr. ADAMS, of Massachusetts, having obtained the bjection that would apply with equal force to the laws floor, and called for the reading of the original resolution, and judicial proceedings of every State in the Union. In said he should detain the House but a very short time. nany, or all the States, a man seeking the collection of a With the amendment proposed by the honorable member lebt, or the enforcement of a claim, is allowed to swear from Virginia, he had nothing to do. If it should be the o the statements of his bill or affidavit. Assuredly there opinion of the House that the pension system was immoral is as great temptation to perjury held out in this practice in its effects or tendency, or that it was inconsistent with is in the pension laws. The system (said Mr. P.) is like the good policy of the nation; then, in his opinion, some every thing else of human contrivance, liable to be abused. other Legislature than this would be necessary. As the But, surely, said he, the possibility of such an occur-resolution of the gentleman from Kentucky had for its obrence can constitute no legitimate objection to the system ject merely an inquiry, he presumed the vote of the House tself. Let us discharge our duty. Let us discharge a would be taken upon it in that light, and he (Mr. A.) long existing debt of gratitude. And if any unworthy should so support it. It was nothing but an act of justice citizen, in seeking to obtain that to which he is not enti- to those whom it concerned. He should also vote for the tled, shall forswear himself, let us leave him to abide the resolution, because he knew of no reason why he should judgment of his own conscience and that of his Maker. vote otherwise.

Mr. BOULDIN rose to speak, but the CHAIR reminded him that but a few minutes remained before the expiration of the hour.

So far from objecting to the system, Mr. P. was its advo- In the debate on this subject he had felt his heart cate. He was so, because he believed all its tendencies warmed at the eloquent statements made by the Reprewere good; he believed it calculated to nerve the war-sentatives from that part of the country, who had already rior's arm in the hour of battle; to stimulate him to deeds addressed the House. He had met with only a single obof nobler daring; to induce him to leap, with a lion's jection to this inquiry, and that was, that the Indian wars bound, into the storm of the conflict, convinced of the justice and beneficence of his Government, and of its protection and support of those whom his possible death in the struggle would leave unsheltered and forlorn.

between the treaty of peace with Great Britain, in 1783, and the treaty of Greenville, in 1785, were merely private wars, and were not to be held in the character of a public or national war. In his judgment, this opinion was not well founded. To him, they were different from private wars, and he would briefly state to the House the reasons on which that opinion was founded.

Mr. P. had deemed it his duty thus feebly to raise his humble voice in support of the resolution offered by his worthy friend and colleague, [Mr. CHILTON;] a resolution which embraces, within its provisions, a remnant of He believed the nation were as much concerned in these a race of men, many of whom still linger in the district conflicts as in the war with Great Britain itself. Though he had the honor to represent in Congress. A race of peace was concluded with this Power in 1783, it still left men, whose hands, he thanked Heaven, were unstained us, in point of fact, at war with many of the Indian tribes. with plunder; who were revered where they were best He held in his hands the Journal of Congress, or rather known, for their virtues and their valor; who were ar- of the old Confederation, at that time, and many refer dently attached to the honor and glory of their country; and whose last breath, he doubted not, would be expended in invoking for it the blessings and protection of their God. Mr. BOULDIN rose to address the Chair; and, at the same moment, rose Mr. CROCKETT.

ences would be found therein in which these wars were regarded as national. On the 18th of October, 1783, there was a proclamation for disbanding the army of the United States; but three days before this, namely, on the 15th, there was a report made to Congress, by a commit

H. OF R.]

Extension of the Pension Laws-Bank of United States--Pension Agency.

(FEB. 4, 184

Mr. WILLIAMS called for the reading of that par It was read, in part, when, on account of its length, W. withdrew his call for the further reading of it. The question being on the reference of the paper the Committee of Ways and Means

tee to whom had been specially referred sundry papers States, respecting the law question made by the bai and letters relative to Indian affairs. That report pro- and on which its refusal restedposed the establishment of boundaries with the Indian tribes, and acknowledged in clear and express terms that the United States were then at war with them. He would read a single sentence of the report, though many extracts might be quoted of a similar tendency; but he did not wish to detain the House. It says, "nor can the Indians Mr. WATMOUGH said that he hoped no such core themselves have any objections against the establishment would be adopted. The document was one of as g recommended;" that is, the establishment of a boundary importance as any paper which had been sent to line. It then proceeds, "they were, as some of them House this session. It disclosed an entirely new set acknowledge, the aggressors in the war, even without provocation."

This was enough to show that it was not then regarded as a private war-an official document of the old Congress recognising it as a national concern. There were a number of other reports of committees and acts of Congress, from that time till the 3d of October, 1787, when a force of seven hundred men was ordered by Congress to proceed in repelling the incursions of the Indians.

principles on which the action of the Executive wa depend. It went directly and violently to assail an is tution, the officers of which believed themselves to be ing under the solemn sanction of the law; and a therag examination of the case would prove that the gr which they had taken was in strict conformity to the by of the land. The House was now called upon to ref this paper to a committee which he would not sva what appetite-seemed eager to devour every thing was sent to the House. Without any regard to the scribed duties which properly pertained to that con tee, papers and questions of every sort were to be

Mr. W. was proceeding, when

On the 29th of September, 1789, there was also an act of Congress recognising that a force of seven hundred men be raised for the purpose of encountering the Indians. In this act, also, was something more than the bare recog-gulfed in it as in a great vortex. nition of the war. In the 5th section it was expressly declared that these men were raised for the purpose of repressing the hostile incursions of the Indians; and the President of the United States was authorized to give or ders for their assembling, their pay, subsistence, &c. They were regarded in the same light as other troops employed by the country in foreign war.

From that time down to the present, we had been almost perpetually engaged in war with some one or more of the Indian tribes. He could not find any one principle upon which these wars could be considered as private wars. He would reply, once for all, that if they were any thing, they were public wars. It might even be said that the adoption of the constitution of the United States was founded entirely upon this war. He would observe that the Senate Journal also corroborated what was found in the Journal of the other branch of the old Legislature, as the very first message of the President of the United States therein printed would show.

Mr. WHITTLESEY, of Ohio, rose to order, and be quired of the Chair whether such a discussion was in r after the hour for morning business had expired?

The CHAIR replied that the paper had been presente and must have some destination given to it; but th was certainly out of order at this time to enter upos merits.

Mr. WATMOUGH then moved that the message di papers be referred to the Committee on the Judiciary. Mr. CHILTON moved that the consideration of the question be postponed until to-morrow.

Mr. PATTON suggested that so much of the motion s related to printing be excepted from Mr. CHILTON'S tion: to which Mr. C. assented.

The question was then put on the postponement, s negatived. Ayes 95, noes 113.

Mr. HUBBARD said that he had moved that these pers go to the Committee of Ways and Means; and if the That objection being disposed of, he could arrive at no was any one subject which manifestly and indispa other conclusion than that the men engaged in the Indian pertained to that committee, it was such a question as t warfare were as much entitled to partake of the bounty The gentleman from Pennsylvania had, indeed, said th of the nation as any other soldiers then on the pension the bank was acting in strict conformity with law, roll. It was not merely for themselves that they fought. this was begging the question. He denied the poss They fought for the protection of their fellow-citizens; in toto.

they fought for their country, and the lands of the coun The CHAIR here interfered, and said that the me try; and the whole community were then reaping the of the question embraced in the documents could not

benefit of their exertions.

discussed.

Mr. A. concluded, by saying that he felt the more Mr. H. then said that there was a peculiar propriety a called upon to express his opinions upon this question, be-sending this inquiry to the Committee of Ways and Meats cause he came from a different part of the country than inasmuch as the message contained a charge against those gentleman who had preceded him. It was incum-Bank of the United States; and all the memorials w bent upon him to say this much, and he hoped that had hitherto been laid before the House, in reference

all the members coming from his part of the country that institution, had gone to that committee. He cod would do the same. not see why the message should go to the Committee Mr. CHAMBERS rose to address the House, but the the Judiciary. It involved simply an inquiry, whether SPEAKER stated that the hour had expired. the bank rightfully withheld the money of the nation fra persons who were by law entitled to it. It contained

BANK OF UNITED STATES. PENSION AGENCY.

A message was received from the President on the sub-mittee of Ways and Means. ject of the refusal of the Bank of the United States to transfer the money and books of the pension fund to the Girard Bank; and the message having been readMr. HUBBARD moved that the message, with the accompanying documents, be referred to the Committee of Ways and Means.

papers containing similar charges had gone to the Con

The message being accompanied, among other papers,

choice, nor did he feel any great solicitude, as to av Mr. BARRINGER said that he had no very decided some little experience as to the course of proceeding committee the papers should go. He had had, however, the House, and he believed that hitherto all questions f law had gone to the Judiciary Committee. The Comat tee of Ways and Means seemed, indeed, as had been

by a written opinion of the Attorney General of the United marked by the gentleman from Pennsylvania, to be an a

FEB. 4, 1834.]

Bank of United States-Pension Agency.

[H. OF R.

absorbing vortex, that was to swallow up all the business get an opinion adverse to the bank; that he might hold up of the House. But, to him, it seemed strange that when the institution to the indignation of the public, and have it was an admitted point that the whole difference be- its conduct reprobated, as exhibiting a new item in the tween the bank and the Government turned upon the con- long catalogue of its crimes? Was this the object? or struction of a law, gentlemen should refuse to send the was it to enable Congress to do whatever might be neces papers to the law committee. The bank stood upon its sary to put an end to the embarrassment? He presumed construction of the law; it construed the law one way, and it was in order for him to presume that the President had the Government construed it another. Could any man no motive but to invite the legislation of the House with a reasonably doubt to which committee of the House such a view of removing a difficulty which had arisen from the question should be referred? Before he sat down, he construction of a law. If he had any other end in view, should desire the reading of the communication from the were not the courts open? Could not the bank have been president of the bank. Might it not be that the bank compelled to do its duty? But was there any gentleman asked for the interposition of the House, in order that it on that floor who believed that the Government would might discharge itself from the obligation of the law, by venture upon a suit against the bank, even backed as it which, at present, it conceived itself to be bound? was by the opinion of the Attorney General? He would To what committee, for such a purpose, should it go, put it to every legal gentleman in this House whether he but to the Committee on the Judiciary, who have under would advise such a course? He would venture to say, their charge all that properly concerns the construction and he should be borne out by the tone (and he was sorry and administration of the laws? For the life of him (Mr. to witness the tone) of those papers, that there was wantB. said) he could not see for what purpose this question ing no disposition on the part of him from whom the meswas to go to the Committee of Ways and Means. Did it sage came to coerce the bank, who had the power to relate, in any way whatever, to the financial administra- coerce it in his hands, in consistency with adjudged cases. tion of the Government? Here, said he, is an appropria- What, then, had the President sent the papers here for? tion made for a specific object, in consequence of which That there might be legislation on the subject; that steps a certain sum has been set apart in the custody of the might be taken to bring the controversy to an end. Bank of the United States, where, it is contended, it is be- To what committee ought the papers to go? Had it yond the control of the Executive, and can only be ex- been the practice of the House to refer questions arising pended in the manner prescribed by law. Now, (Mr. B. out of the construction of law to the Committee of Ways asked,) was it part of the intention of the law that this and Means? Or had it not been the practice to send such money should be transferred to the local banks, and the questions to the Committee on the Judiciary, that the pensioners be paid in their notes, instead of the notes of House might get the opinion of its own judicial organ, the Bank of the United States, if it should please the Ex-who should present to it both the facts and the law as preecutive to suppose it better that it should be so? And paratory to its proper action? To him, it seemed that this how would the bank get rid of its responsibility for this controversy was based on one of the strangest questions pension money, placed in its keeping by the law, if it un-in the world—the question whether the pension laws were dertook to dispose of that money without law? If the pension laws.

question presented by the message had these strictly legal Here the CHAIR interposed, and reminded the genbearings, it ought clearly to be examined by the Com-tleman that he was going into the merits of the message. mittee on the Judiciary. Mr. B. said he doubted not the Mr. B. replied that it might be necessary for him, in capacity of the Committee of Ways and Means; but, he endeavoring to show to which committee the papers asked, was that committee selected in reference to the should be referred, to advert to what the papers conexercise of judicial functions? He had always supposed tained. that the end for which standing committees on certain leading subjects were appointed was, that they should be selected with reference to their peculiar fitness for the investigations respectively belonging to them. He presumed that, in the appointment of committees, the Speaker had not failed in his duty in this respect. Mr. B. then asked for the reading of the letter of the president of the bank, accompanying the message, that the House might understand what was the question in contestation, and be better able to decide what committee it would be proper to send it to.

These papers having been read

Mr. B. resumed and said, however long a time the reading of these papers might have occupied, he could not consider it as time misspent. Whoever had listened to the reading of these papers would have a clear conception of the nature of the case, and would perceive that no difficulty existed on the part of the bank, except such as arose out of its construction of the law; and surely a mere difference of opinion in respect to a legal point did not amount to such an offence as would require a labored castigation from the Committee of Ways and Means. It seemed to him that the construction of that clause of the act of June, 1832

The CHAIR said that the gentleman had undoubtedly liberty to refer to the matters in the papers for this end, but he could not permit the gentleman to wander into the merits of the subject of the papers. The gentleman was at liberty to show that the question was a legal question, but there he must stop.

Mr. B. resumed: In regard to the final settlement of the matter, it was, perhaps, of little consequence to what committee the papers went, but there was a peculiar impropriety in sending questions of such a nature to the Committee of Ways and Means. The controversy could only be settled, after all, by bringing in a bill, and passing that bill into a law; and beyond question the proper com. mittee to report such a bill was the Committee on the Judiciary. That was the appropriate organ for such a purpose. Let them report their construction of the law. He would venture to say that the Government would never enter a court to settle the question. Let a committee report whatever might be necessary to consummate the wishes of the administration, and let there be no quibble or quarrel about it.

Mr. CLAY inquired by what right the gentleman had asked whether the Committee of Ways and Means meant to ingulf all the business of the House' Ilad that comHere the CHAIR interposed, and reminded the gen-mittee grasped at any thing beyond its proper sphere? tleman from North Carolina that it was out of order, at What subject had it interfered with, but subjects of reve this time, to enter on the merits of the subject. The nue and of the bank? Had the committee demanded the question before the House was merely a question of re- reference of any other matters? and was it extraordinary ference.

Mr. B. then asked for what purpose the President had sent these papers to the House? Was it that he might

that questions of this nature should be sent to that committee? To what other committee had they gone for years past? Nay, had not the gentleman's own vote re

« ZurückWeiter »