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Dec. 10, 1833.]

Rules of the House.-Election of Chaplain.-Death of Mr. Singleton.

(H. or R.

FIRST DALLOT.

have him rote when his name is called under the rule by Mr. W. concluded by moving that the consideration of which all the other members are called.

the resolution be postponed to this day week; which was | trust that the resolution I have proposed may be agreed to. a lopted. I think no possible evil will result from it, while The SPEAKER laid before the House the following I calculate upon many and important benefits. Let us messages, which were appropriately referred. give the Speaker the privilege to which he is entitledrestore to his constituents and his State, the advantages of To the House of Representatives:

WASHINGTox, Dec. 6, 1833. a full and actual representation, and let the Speaker of the House now, and in all future time, act in the discharge communication froin the War Department, showing the

I transmit herewith to the House of Representatives, a of the high duties of the station, under a due sense of his responsibility to that public opinion, which, having found ateil for subsistence of the army, was transferred to the

circumstances under which the sum of $5,000, appropriin the art of printing and the freedom of the press a place service of the medical and hospital department, and to stand upon, constitutes the great moral lever that moves which, by the law authorizing the transfer, are required the world. Mr. SUTHERLAND supported the resolution. The

to be laid before Congress during the first week of their

session. old rule, (said Mr. S.) which it was now proposed to

ANDREW JACKSON. abrogate, had indeed been in force since 1789—but ever since Mr. S.'s attendance in Congress, he had been more

WASHINGTON, Dec. 6, 1833. and more persuaded that it was wrong in principle, and Tu the Ilouse of Representatives: ought to be changed. lle had ever been of opinion that I transmit herewith, for the information of the House, a representative of the people ought neither to gain nor the report of the survey made in pursuance of the 4th to lose power by ascending the Chair as presiding officer. section of the act of Congress of the 4th of July, 1832, This impression was, perhaps, strengthened by the cir- authorizing “the survey of canal routes in the Territory cumstance of his coming from a State where all votes of Florida." were given viva voce. There was nothing in favor of the

ANDREW JACKSON. ancient rule but simply its antiquity; but, in an age like

ELECTION OF CHAPLAIN. this, when society was so rapidly advancing in light and improvement, such a relic of former days ought not to be

The hour of one having arrived, on motion of Mr. suffered to remain. It was certainly a just principle that GRENNELL., the flouse proceeded to the election of the Speaker of the House, like every other member of it, Chaplain on the part of the Ilouse; which resulted in the ought to be required to vote in such a manner that his choice of the Rev. THOMAS II. Stockrox, on the second constituents might have an opportunity of becoming ac- ballot. The votes stood as follows: quainted with his course. Filled as the Chair now was, hie liad no doubt its occupant, a member from the State of

Votes given, 210—necessary to a choice, 106—of which Virginia, was not only willing, but anxiously desirous that there were, such should be the case. He thought the present a favor

For Rev. Mr. Stockton,

104 able opportunity, when the Chair had been filled with so

Rev. Mr. Copp,

33 little opposition, to adopt such an improvement as was

Rev. Mr. Hammett,

50 proposed. He joined cordially in the proposition; and

Scattering,

18 should like still better to see the alteration carried so far as to require all the votes in that House to be given, as

Vytes given, 194—necessary to a choice, 98—of which they were in his own native State, viva voce.

there were, Mr. WILDE demanded that the question on the reso

For Rev. Mr. Stockton,

143 lution be taken by yeas and nays, which was ordered by

Rev. Mr. Copp,

10 the House.

Rev. Mr. lIammett,

34 Mr. WAYNE said he was too unwell to go at large into

Scattering,

7 a statement of all his objections to such a resolution as

Whereupon the Rev. Mr. Stockton was declared duly was now proposed; he would not however suffer the vote elected. to be taken without stating one or two of them. There

The House then adjourned. were difficulties of a practical kind connected with such an alteration, of which the honorable mover was probably

TUESDAY, DECEMBER 10. not aware, but which, when mentioned, would be obvious Mr. CLAY moved that the House now go into Comtu every one. The existing rule had, by long experience, mittee of the Whole on the state of the Union, with a been found to be a rule of convenience. The alteration view to taking up the President's message. of this would, in justice, require a corresponding change Mr. McDUFFIE, however, obtained the floor, to move in many other rules. Why impose on the Speaker the that the report of the Secretary of the Treasury to necessity of voting and of having his votes recorded, and Congress, on the subject of the removal of the deposites, at the same time deprive him of the advantage enjoyed by which is now on the Clerk's table, be referred to a every other member of explaining his vote upon the floor committee of the Whole House on the state of the Union. of the House? Was it fair that his vote should go before

Mr. POLK inquired of Mr. McDUFFLE with what view the public recorded but unexplained? The rule, as it he wished that document referred as proposed? Whethstood, did not deprive the Speaker of power, but on the er it was that it should be considered at the same time contrary, conferred an increase of power, by allowing when so much of the message as referred to the same him to give the casting vote when the House was equally subject should be taken up? divided, and rendering the votes equal, which would oth: Mr. McDUFFIE made a reply, which did not distinctly erwise not be so. To require the Speaker to vote on all reach the ear of the reporter, but which was understood questions, would be, in effect, to introduce him into all the to be affirmative. partisan conflicts which might be going on in the House,

DEATH OF Mr. SINGLETON. and thus subject his decisions to the suspicion of being inAuenced by party considerations. Besides, it would re- Mr. PINCKNEY stated that he held in his hand cerquire him to vote on his own decisions of all questions of tain resolutions, which he would respectfully ask leave to order, and that when he had no opportunity of vindicating offer for adoption by the House. He believed that it had the vote given.

always been customary for the House to adopt suitable

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SECOND BALLOT.

H. OF. R.]

Death of Mr. Singleton.— Transylvania University.--President's Message.

(Dec. 11, 1833.

а

tributes of respect to its deceased members. The South

WEDNESDAY, DECEMBER 11. Carolina delegation had heard, with deep regret, of the

After the presentation of sundry petitions, death of their colleague, the honorable Thomas D. Sir.

The SPEAKER laid before the House the following GLETON, and it was his painful duty to communicate that mournful information to the House. He died at Raleigh,

message: whilst on his journey to the Capitol, whither he was hast. To the House of Representatives:

WASHINGTON, December 11, 1833. ening to assume his seat, and to discharge his duties, as a member of this body. It was a source of grateful con

I transmit here with a report from the Secretary of the solation to his colleagues to learn, as they had done, that that have been made in that Department in pursuance of

Treasury, exhibiting certain transfers of appropriations he received every possible attention during his illness, the power vested in the President by the first section of from the kindness and humanity of the citizens of Raleigh, the act of Congress of the 3d of March, 1809, entitled and that the Legislature of North Carolina, in a manner --An act further 10 amend the several acts for the establishequally honorable to him and to themselves, had evinced ment and regulation of the Treasury, War, and Navy Detheir respect for his public character and private virtues, partments."

ANDREW JACKSON. by attending his remains to the tomb. It was true that the deceased had not had it in bis pow- and Means, and ordered to be printed.

The message was referred to the Committee of Ways er to appear and qualify as a member of the House.' But as it was well known that he was a representative elect,

TRANSYLVANIA UNIVERSITY, and that he died whilst in the very act of endeavoring to reach this city, he certainly deserved every testimonial of

Mr. ALLAN, of Kentucky, rose and said, that he had respect to which he would have been entitled if he had the honor, during the first session of the last Congress, actually qualified, and might justly be considered as hav- to present a petition from the Trustees of Transylvania ing literally fallen in the discharge of his duties and in University, praying a grant of a township of land to that the service of his country. It was the fortune of Mr. P.

institution. It was referred to a select committee. A fato have had but a sligbt personal acquaintance with the vorable report was made, and a bill introduced; but, owing deceased--but that acquaintance, slight as it was, was

to the great press of more important business, the sufficient to impress him with a high respect for his intel. House was not able to reach bills of that class. At the ligence and virtues as a man, and with a deep conviction last session, it shared the same fate of remaining with of his exalted purity and devotion as a patriot. He would the unfinished business. This being a new Congress, and not detain the House, however, with any thing like

the rules of proceeding requiring all unfinished business regular culogy of his departed colleague. To those who to originate again, as though it had never been preknew him, it would be entirely unnecessary to those sented, Mr. A. asked leave to have the petition, and who did not, it might prove uninteresting. It would be the report and bill founded thereon, referred to a select sufficient therefore, to say, that he was eminently honor.

committee. Agreed to. ed and beloved by his constituents, amongst whom he

PRESIDENT'S MESSAGE. possessed, as he deserved, almost unequalled popularity

Mr. CLAY then moved that the rule requiring the and influence; and that whilst his death inflicts a deep House next to receive resolutions, be suspended, which wound and an irreparable loss upon his immediate rela being agreed to, the House, on his motion, went into tions and friends, it may well be regarded also as a committee of the Whole on the state of the union, Mr. public calamity to his particular district, and will assured- Adams, of Massachusetts, in the Chair. ly be a subject of regret to the people of his State in Mr. CLAY then offered the following resolutions: general. Under these circumstances, he proposed that

1. Resolved, That so much of the President's message the House should pay a becoming tribute to his mem- as relates to political relations of the United States with ory-well knowing that it was not only in conformity with foreign nations, and as recommends a revision of our the usages of the House upon similar occasions, but that consular system, be referred to the Committee on Foreign it could not be bestowed on a more worthy man, on a Affairs. purer patriot; a man, of whom all who knew him con- 2. Resolved, That so much of said message as relates to curred in saying that his private life was a beautiful ex- the state of the finances, the public debt, revenue, and emplification of every Christian virtue, and that, as a poli- the Bank of the United States, be referred to the Comtician and patriot, he uniformly exhibited an ardent at- mittee of Ways and Means. tachment to the rights of the people, and to the great

3. Resolved, That so much of said message as relates to cause of constitutional liberty. With these few remarks, the commerce of the United States with foreign nations, which he had felt it bis duty to submit, in justice to the and their dependencies, be referred to the Committee on character of one whose memory deserved a far better Commerce. tribute than any he could offer, he now proposed the

4. Resolved, That so much of said message as relates following resolutions for the consideration of the House. to the report of the Secretary of War, and the public

Resolved, l'hat this House has received with deep re- interest intrusted to the War Department, be referred to gret the melancholy intelligence of the death of the hon- the Committee on Military Affairs. orable Thomas D. SINGLETOX, a representative elect 5. Resolved, That so much of said message as relates to from the State of South Carolina.

the report of the Secretary of the Navy, and the naval Resolved, That this House tender the expression of service, be referred to the Committee on Naval Affairs. their sympathy to the relatives of the deceased, on this 6. Resolved, That so much of said message as relates to mournful event; and that, in testimony of their regret for the Post Office Department, and the report of the Posthis loss, and respect for his memory, the members will master General, be referred to the Committee on Post wear crape on the left arm for thirty days.

Offices and Post Roads. The resolutions were passed unanimously.

7. Resolved, That so much of said message as relates Mr. Pinckney then said that, as he understood it to be to the Indian tribes, and to their removal beyond the limcustomary, in cases of this kind, to move an adjournment its of the States, be referred to the Committee on Indian of the House, he would, as an additional token of respect Affairs. to the memory of the deceased, move that the House do 8. Resolved, That so much of said message as relates now adjourn.

to amending the constitution in relation to the mode The motion was agreed to;

of electing the President and Vice President of the And the House thereupon adjourned.

United States--the removal of every intermediate agen

Dec. 12, 1833.)
President's Message.Removal of the Deposites.

(H. OF R. cy in the election of these officers and to limiting their olutions, the 8th should be excepted, and the question on eligibility to one term, of either four or six years, be re- it taken separately. ferred to a select committee.

Mr. McDUFFIE requested that the resolution relating 9. Resolved, That so much of said message as relates to the bank and the finances be also excepted. to “accidents which have occurred in that portion of On the request of Mr. JARVIS, the 10th resolution, in our navigation carried on by the use of steam power,"reserence to the Treasury building, was also excepted. and lessening or removing those evils, “by means of The question being put on the remaining resolutions, precautionary and penal legislation," be referred to a se. they were agreed to. lect committee.

The 2d resolution having been again read10. Resolved, that so much of said message as relates Mr. McDUFFIE suggested to Mr. Clay the expedie to "the destruction of the public building occupied by ency of striking out of the resolution the words “ Bank. the Treasury Department,” and the erection of another of the United States,” us, if they were retained, the dis. building for that purpose, be referred to the Committee cussion on the subject of the deposites must unavoidably on the Public Accounts and Expenditures which relate to be drawn on. the Public Buildings.

Mr. CLAY declining, Mr. WILDE requested Mr. Clay to withdraw that res- Mr. McDUFFIE further explained. He wished to olution which relates to an amendment of the constitution avoid, at this time, discussing the preliminary question-it of the United States; inasmuch as it was his intention, was notorious that the President had nothing to do with should he, alter consultation with more experienced the deposites; but he did not desire to touch that subject members, see the least prospect of success, to more, now; which he must do, should the gentleman adhere to at a future day, for a committee, who should take up his resolution; for it was only on the subject of the transthe general subject of amendments in the constitution; as fer of the deposites that the message brought the bank he believed that, if there were any hope for the pres- question before the House. ervation and permanence of the Union, it must grow out Mr. CLAY still refusing, of that subject.

Mr. McDUFFIE said, it was obvious that the House Mr. CLAY replied that he was only pursuing the usual must enter at once on the subject, and he therefore course, and that the adoption of the resolution would not moved that the committee now rise. interfere with the purposes or views expressed by the The committee rose accordingly. gentleman from Georgia.

In the House, Mr. POLK made an effort to obtain the Mr, ARCHER reminded Mr. Wilde of what had been reconsideration of the vote of yesterday, referring the the result of an experiment similar to that he wished to report of the Secretary of the Treasury on the deposites have adopted, which had been made at the last session, to the Committee of the Whole on the state of the Union; and which had utterly failed, from the discordant views of but before any question was taken, the members of the committee. He should regret the On motion of Mr. CHILTON, adoption of any course which might throw obstacles in The House adjourned. the way of the proposition contained in the message in reference to the limitation of the Presidential term of service.

TaunsDAY, DECEMBER 12. Mr. WILDE adhered to his request, and after stating

REMOVAL OF THE DEPOSITES. some reasons, (which, being delivered with his back to the reporters, were wholly inaudible to them,) moved for a The motion made yesterday by Mr. Polk, for the redivision of the question.

consideration of a vote passed on Tuesday, by which the Mr. WAYNE, claiming to know something of the senti- Secretary's report on the removal of the deposites was ments of the people of Georgia, thought that his colleague committed to a Committee of the Whole on the state of had not stated them with accuracy. Whatever might the Union, coming up in order, have been their discontent at certain parts of the legisla- Mr. CHILTON resisted the motion, and thought that tion of Congress, that was so far allayed that they were Mr. Polk had misapprehended a pledge giren by Mr. contented to wait for a more favorable change, and even McDuffie, that so much of the President's message as to consent to things as they stood, rather than hazard the related to the subject of the deposites should be taken interests of the Union to obtain the change they wished. up in Committee of the Whole, at the same time with the They were favorable to such amendment of the constitu- Secretary's report. He remarked with some severity on tion as was proposed in the message; but this would be a remark made by Mr. Polk, when explaining and suphazarded, if not certainly defeated, by sending it to a porting his motion to reconsider, that the House was not committee, in company with a variety of others on differ- prepared to go into the discussion of the subject until it ent subjects. Such a course must effectually prevent should have been submitted to one of the standing comany such action, in reference to the constitution, as would mittees, and their report had been received; which he be in time to operate on the successor of the present seemed to consider as evincing no small measure of vaniChief Magistrate.

ty in the gentleman who adventured such a remark, esMr. WiLDE replied at considerable length, and Mr. (pecially being himself at the head of the comınittee to WAYNE replying, the discussion was continued to a late which it would most probably be referred. hour, by Messrs. WILDE, WAYNE, and GILMER. It Mr. POLK went into a further explanation of his reaturned chiefly on a question of fact, viz. What were the sons in support of the reconsideration; dwelling on the inactual sentiments of the people of Georgia at this time in convenience and injury which would result from discussrelation to the constitution? Messrs. WILDE and GIL-ing the subject in a Committee of the whole House, MER contending that they considered other amendments, where no additional testimony could be taken, but the in relation to the tarift, internal improvements, the discussion must be confined strictly to the face of the pabank, &c., as of much more vital importance than that in pers submitted. This would be a course entirely novel, relation to the President's term of office; on which, in- and the committee would find themselves at sea without deed, they had expressed, by their Legislature, an ad- rudder, chart, or compass. He was surprised that the verse opinion: and Mr. WAYNE insisting that the amend- bank, or its friends, should resist further inquiry into its ment in relation to the latter was desired by a large porc affairs; its true course ought certainly to be the reverse; tion of the State.

nor ought its enemies to hinder the friends of the instituIt was agreed that, in putting the question on the reg- ltion from bringing forward any new matter they might

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have in its support. He adverted to the great probable Congress should act promptly; that they should determine length of a debute in Committee of the whole, and in- without delay whether the reasons given for such a pro. sisted that the usual and parliamentary course ought to be cedure were or were not sufficient; and whether the pursued, by sending the paper to one of the committees public treasure should be suffered to remain where the of the House.

Secretary had placed it. Mr. McKIM demandeıl that the question be taken by Mr. McD. went on to say, he had been surprised to yeas and nays; which was orilered.

hear from the gentleman from Tennessee that the bank Mr. McDUFFIE said that he was not quite sure he had was afraid of scrutiny. This had always been the cry understood the gentleman from Tennessee; but, if he had, from the first moment of attack. Why, in such a questhe gentleman's object was to bring the report of the tion, he overlooked the bank entirely. The question Secretary of the Treasury respecting the deposites out was nuch greater. It was a question as to the safety of of the Committee of the Whole on the state of the Union the public treasure; a question as to the right of Conand into the House, that it might then be referred to some gress to fix upon the depository of that treasure. It was committee, probably the Committce of Ways and Means. the interest of all that the question should be settled Now, it appeared to him, that the gentleman could not in soon. If the public money was to remain in the State this way accomplish his object, which was to avoid the banks, it was right those banks should know it. If it was discussion of that subject at this time. The only practi- to be restored to the Bank of the United States, it was cal effect of the reconsideration, should it prevail, would equally proper that that should be known. Nothing could be to bring the discussion over nd over, according be more injurious either to the banks themselves or the the shape of the particular question presented. Mr. country at large, than such a state of uncertainty as now McD.'s object was, that the report should remain where existed. it was, in Committee of the Whole, and there be dis- Congress had been told by the Secretary that the decuisseil. The question involved, rested on great and ob- posites had been removed at this time, because it would vious principles; it did not depend at all on petty details. be productive of extreme embarrassment to wait till the The gentleman had talked of a committee to investigate; time when the bank's charter should expire. But what but he had not understood what it was he wished to as- was the fact? Suppose, in vindication of its own authori. certain through such committee. What was the great ty, and of the rights of its constituents, the House should ground stated by the Secretary, on which he had acted in order that the deposites should be taken from the places the removal of the deposites? What was it which, accord- where they had been scattered, and replaced in a safe ing to that officer, constituted the emergency which jus- depository? What would be the effect? Why, the House tified such a step? It was the expiring of the bank char- had been told by the Secretary that the State banks had ter in 1836. Was there any thing in this which called for already extended their accommodations in proportion to the inquiry of a committee? All the matters of fact for so much of the public funds as they had respectively rea committee to inquire about, had respect to the matter ceived. Ay, sir, cried Mr. McD., is it so? Have these of the public printers. Now, Mr. McD). was ready to ad- banks dared to do this? Have they ventured, in the frail mit all that the Secretary stated on this subject. ile was contingency of their retaining those deposites, to issue on prepared to admit it in the most unqualified manner. those deposites of the nation's money? And will this Gov. Large sums had doubtless been paid by the bank for vernment give its sanction to such an act? Why, sir, printing: gentlemen might set it down at thirty, forty, children would not act on such a calculation. li is the fifty, or sixty thousand dollars, just as they liked. It very last thing those banks should have dared to do. was wholly immaterial to the question. But nothing what security have they that these deposites are to re. could be more dangerous than that such facts as these main in their hands? Was not the Bank of the United should be considered as good reason for removing the de- States severely censured for acting on such a presumption, posites. They had nothing to do with it. Congress had when four years of their charter yet remained! But now, placed the public money in a bank which they con- it seems, we are to justify these stale banks in extending sidered as a safe depository for it; and they had author- their issues of paper, just as if they had the certainty that ized the Secretary of the Treasury, as a matter of ne- the deposites were to remain in their possession forever. cessity, not of choice, to place it, during the recess of If the removal of the deposites had been deferred unCongress, in other banks, should particular circumstan- til the expiration of the bank's charter, all would have ces render it necessary or expedient; evidently referring been plain sailing. Then the banks which received the to special cases where money was wanted for public money might reasonably have calculated on retaining it purposes, where the bank had no branch, or the like. for a long time, probably during their good behaviour The power was obviously intended to provide for an un- under the trust. But instead of this, the Secretary has foreseen emergency.

selected the very time of all others the most calculated to Under these circumstances, the Secretary of the Treas. cause the removal to produce embarrassments in all direclry assumed the whole ground; had undertaken to look tions. It is for the House to consider whether they will into the whole history and transactions of the bank for the receive his reasons, unless, indeed, gentlemen are pre. last five years; and, in the face of an almost unanimous pared to acknowledge that Congress is bound hand and resolution of both Houses of Congress, had removed the foot, because a Secretary of the Treasury has transferred dleposites, for reasons, all which existed at the very time the public money from the place where they declared it that resolution passed.

to be in safely. The Secretary had jeopardized the money of this na. Mr. McD. concludeil by expressing his hope that the tion, by placing it in banks, of the solvency of which reconsideration would not prevail: but, if the House Congress knew nothing, and had taken it out of a bank should determine otherwise, he still trusted the subject more perfectly and soundly solvent than any other bank would be given to a select committee, and not to that on the face of the earth. There was no bank in the whole committee which the gentlem.an seemed to have before world which could meet any demands upon it more his mind. promptly, he had almost said more instantaneously. And Mr. CAMBRELENG said he should be very sorry to while this was not pretended to be denied by the Execu- deprive the gentleman from South Carolina of an opportive, he had taken the nation's money out of such a bank, tunity of discussing this subject in the fullest manner. and put it into those of the solvency of which nobody He could assure the gentleman that he should interpose knew any thing. It was due to themselves, anl to the no obstacle in his way. He fully agreed with that gencharacter of the country, that, in such a state of things, lileman in the position, that the details of fact had nothing

Dec. 12, 1833. ]

Removal of the Deposites.

(H. of R.

to do with the great question to be settled: and he further which the Secretary had pursued in relation to a subsistagreed with him in the opinion that the Bank of the Uni-ing contract between the United States and the Bank of ted Stafes was a safe place for the public money. But he the United States. entirely disagreed with him when he said that the resolu- There was a larger view of the subject, presented by tion adopted by Congress on that subject, either fairly the honorable gentleman of South Carolina, (Mr. McDue indicated the disposition of the House or of the country PIE, ) one of infinite moment and concern in regard to the towards the bank at the time, or that it was at all bind public Treasury, which could not too soon or too openly ing upon the House now. The removal of the deposites be met and considered; but he meant to present a narwas an act which depended on great public considera- rower question for the consideration of the House, which tions, connected with the dissolution of the charter of the to him appeared powerfully to bear upon the point of furbank. But there was one remark had fallen from the ther inquiry, in regard to the letter of the Secretary. It gentleman, which Mr. C. had heard with alarm; it was was narrower, however, than the other, only as to the the suggestion that the House ought to order the depos- scope of inquiry it allowed, but sufficiently large, beyond ites to be restored, a measure which must convulse the doubt, as it involved the integrity of the public faith, and whole community.

would be addressed to the House as the guardians of that If the gentleman wished the subject to be discussed faith, plighted to the Bank of the United States. promptly, let it be referred to a select committee, and let The letter of the Secretary, he said, concerned an act that committee bring forward at once a proposition that done by him in the alleged execution of a power given the deposites be restored. With regard to what had been to him on a contract between the bank and the United said about the solvency of the State banks, he would ob- Statesma power given by both parties, or what is the serve, with great deference, that those banks, which were same thing, given by one and agreed to by the other. It the depositories of all the active commerce of this great was a contract, in which one party gave a large bonus, a community, exceeding in value a hundred times the whole promise for the performance of large and expensive duamount of the Government funds, were entitled to be ties through the whole period of its charter, no portion viewed as a sufficiently safe depository for thirty millions of it excepted; and in which the other party gave the of the Government taxes.

franchises of a corporation, and the promise of the profits The gentleman from South Carolina had admitted that to arise from the possession of the public treasure, for the he would prefer a select committee to the Committee of same period, subject to the exercise of the power in Ways and Means. But Mr. C. remembered that when, question. It was in reference to such a contract, that three years ago, the opponents of the bank tried to get the power in question was to be interpreted and exerthe subject of its charter referred to a select committee, cised. they could not succeed, and, on the gentleman's own

The clause which created the power hit, for want ground, it was then sent to the Committee of Ways and of a better analogy, be considered as a great charter Means. If ever any question could present itself which submitted to the decision of the Secretary upon the appropriately pertained to that committee, this was such question of removing the deposites; his judgment upon a question.

that point as an award or order taking them from the Mr. BINNEY said, that the question was upon referring possession of the bank, and his letter to Congress as a the letter of the Secretary of the Treasury to the Commit- statement of his reasons, embracing all the testimony, tee of the Whole on the state of the Union, and the ob- facts, and inferences, both of law and fact, which existed ject of reconsideration was to bring it into the House, to in the case, and which bore, or ought to bear, upon his subject it to the action of the House. But that he was judgment. The communication of his reasons to Conentitled to presume what would be the proposed action, gress was part of the contract, as much as his authority and if this should be open to objection, to discuss it upon to remove in the first instance, and the object of the the motion to reconsider. If the consequence should be communication was to give to the bank the benefit of a to subject it to a standing or select committee for inquiry, review of the Secretary's order by Congress itself, as the the objections to that course were proper topics of dis- appellate tribunal interposed between the Secretary and cussion upon the present motion. He doubtless owed an the bank. The position assumed by some persons, that apology to the House, for asking their attention so soon the power of the Secretary might be effectually exercised after his introduction into it. He was aware that the po- without or against reason, so far as the bank was concernsition which best became liim at this time, was that of a ed, was, in his judgment, Mr. B. said, entirely without listener for instruction; and he felt his want of it; but cir support. Common sense revolted at it. The plain struccumstances, which rule us all, had placed him in a position ture of the section in the bank charter connected the to the subject which forbade his silence. The deep in. reasons with the act of the Secretary for the benefit of the terest of the community he represented, in every thing bank, as much as for the instruction of Congress, and that bel ngeil to the currency of the country, the maintenade Congress the judge of that act, by the light of the nance of the public faith to the Bank of the United States, reasons and facts communicated. This was the present and the security of the public treasure, might induce them position of the matter before the House. Congress were to regard his silence as an evidence of indifference to sitting in reriew of the Secretary's act, and it was their their wishes and interest, and therefore, in clisregard of his duty to dispose of it, in the first instance at least, as a triprivate feelings, though with unfeigned diffidence, he bunal of review, upon the case the Secretary had made would give his reasons to the House for opposing the out. This must be deemed the contract with the bank, motion to reconsiler.

and the right of the bank, and it corresponded with the He agreed, that, if the Secretary of the Treasury should Secretary's own reasoning. The Secretary could alone present for the original action of the House any subject remove in the first instance; his act removed the deposwithin the range of his official duties, the regular course ites; his reasons were the justifications, or there were would be to submit it to a committee. The House being none within the meaning of the charter; and the final called upon to act upon original grounds, no course judgment of Congress upon those reasons completed the could be wiser, none more indispensable, to save it the course of the charter provisions for the security of the labor, the impracticable labor, of investigating facts. But bank. the present case was entirely different in its aspect and

Mr. B., gentlemen wish inquiry into the af. character. The House, in the disposition it should make fairs or conduct of the bank upon other grounds, let it of the letter, would not be acting in an original, but in be proposed. I have never heard that the bank was an appellate character, and, in review of the coursel less willing to submit to authorized inquiry, or to ex

If, sa

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