SENATE.] Augusta (Me.) Memorial.-New Jersey Memorials. [JUNE 2, 1834. if it had the power to give relief; and out of self-respect, nearly at the same time, the same persons were at both they would have forborne applying to him, as he had meetings. turned a deaf ear to the complaints of his fellow-citizens; Mr. S. said he had a difficulty as to the course to be taken their petitions had been treated with disregard and con-in regard to these documents. The difficulty would not be tempt; the conduct of the President had only produced the same if they had come from persons holding the same additional insult and injury, and respectable men had been sentiments that he held; for then he would have no diffiturned away from the door of that house which the peo-culty in remonstrating; but they came from persons who ple had erected as the residence of the Chief Magistrate.were earnestly and devotedly opposed to him, and who They said there was no hope from that source, and they denounced both him and his colleague. They warned appealed to Congress for relief. They farther represented him that no alteration was to be made in the resolutions, the claims of the Executive to power as excessive, and in order that they might be received by the Senate. that if he proceeded to exercise it, he would possess more The last resolution said, "We desire that they shall repower than is in the hands of any one man in any limited ceive no modification in order to be acceptable to the monarchy. This memorial was signed by many gentle-Senate;" and warned him to make no attempts to change men with whom Mr. S. had the pleasure of a personal ac- either the substance or the phraseology. He must either quaintance; and at the head of the list were two men long hold himself responsible (a thing which he was not pardistinguished for their adherence to the true whig princi-tial to) for deciding on the propriety of submitting the ples of 1776, having been officers during the Revolution. documents to the Senate, or present them, and leave the One of them rode fifty miles in the night to be present at Senate to do what it would with them. Some parts were the affair of Lexington, and the other was an officer during in respectful language, but he was not able to concur with the whole war. There were others on the list equally the views of the memorialists. In both were harsh exentitled to confidence and respect. Mr. S. asked that the pressions with regard to the Senate, and with regard to memorial might be printed, with the names, and referred members of the Senate. It declared that his colleague to the Committee on Finance. and himself had violated their trust in disobeying their inMr. SHEPLEY said that in 1832 Augusta gave 478 structions, and took shelter under the assertion that they votes instead of 450, as on the memorial, in favor of a were acting according to the wish of the people. With Governor opposed to the present administration. This regard to the Senate, they took similar views. They had he thought proved that there had been no extraordinary remarked, also, on what had appeared in a certain vehichange in Augusta. Mr. S. also went into a statement of cle, which was remarkable for giving what was not said prices in Maine, to show that there could be no distress in the Senate of the United States, and repudiate him for there, as prices were quite as high as usual. He consid-it. In regard to the Senate, they denounce its conduct in ered this as proof that the distress was all got up. no measured terms. In the memorial from Huntington, Mr. SPRAGUE replied that he had grounded his state- which Mr. S. supposes to have been the larger meeting ments on a letter from most respectable gentlemen, whom of the two, he saw, in very large characters, 415, which he named; and who declared that Augusta, two years ago, he presumed was the number of signatures. Mr. S. here gave an overwhelming majority in favor of the present read the last resolution, which went to state the opinion administration; and that great distress prevailed in that of the meeting concerning the conduct of an accredited quarter, notwithstanding the alleged prices current. He majority in the Senate, and accused it of having tried and recollected, too, that his colleague, though he had at first passed upon the President of the United States without denied the existence of distress, had afterwards admitted giving him an opportunity of being present, a right grantit, and had ascribed its existence, first to the bank, and ed to every criminal; declared their interference to be next to the Senate. Mr. S. would like to know how they unlawful, inasmuch as the President was liable to an imcould be the cause of a distress, which his colleague now peachment, and that the Senate, by so doing, assumed a denied to have existence. He insisted, however, that the character which did not belong to it. He would not deauthority which he had to prove its existence was amply tain the Senate by reading the resolutions in reference to sufficient. his colleague and himself. What he had read, he had Mr. SHEPLEY, after a few words which were not dis-read in order to explain their character to the Senate, tinctly heard, said it was true, that in the beginning of which he thought it best to do in their own words. He December last he did not admit that there was distress, would ask the usual reference, under the feeling which he and it was likewise true, at that time, that there was none. had expressed. There had, however, since that time, been such an im- Mr. CLAYTON could not consent to the printing of pression made on the minds of the people that they ap- the papers. In his opinion the papers ought not to be prehended that great distress would be felt when business received; but he would content himself by moving that should commence. He hoped, however, now that the they be laid on the table. He would ask from the Senabusiness of that part of the country had commenced, and tor from New Jersey [Mr. SOUTHARD] some information commenced under good auspices, that they would find respecting the persons composing the convention. They their apprehensions groundless. It was a fact that prices stated themselves to be democrats; now he (Mr. C.) was and wages were still kept up at their usual standard. [very much mistaken if the gentleman who had presented There might be a scarcity of money, but not a very ma- the resolutions which were now before the Senate, was terial one; and business seemed not to have suffered. not a decided and proscriptive federalist. Another genThe memorial was then referred to the Committee on tleman (Mr. Wall) who had taken a prominent part in the Finance, and ordered to be printed. NEW JERSEY MEMORIALS. Mr. SOUTHARD presented a memorial from Gloucester county, New Jersey, complaining against the conduct of the President of the United States in the removal of the deposites from the Bank of the United States; which was read, and referred to the Committee on Finance. proceedings, was also, he believed, an uncompromising federalist. He (Mr. C.) wished to know from the Senator from New Jersey, how far these individuals were entitled to the designation they had assumed. Mr. SOUTHARD coincided in opinion with the Senator from Delaware, [Mr. CLAYTON,] respecting the character of the individuals to whom he (Mr. C.) had alluded. His constituents, however, Mr. S. said, had a right to asAlso, two others, one from a meeting of citizens of sume what designation they pleased; he could not quarrel New Jersey, in the county of Cumberland; and the other with them for so doing. from a State convention, held in Trenton. They were Mr. FORSYTH said, he understood the object of the called democratic meetings, and as they were both held motion made by the Senator from Delaware, was to get JUNE 2, 1834.] New Jersey Memorials. [SENATE. rid of the papers altogether; he hoped the honorable Sen- Eastern Shore of Maryland had caused a new election for ator would not press his motion. The present memorial a successor, the result of which was given in the Intelcame from a convention of one of the great political par- ligencer this morning. At the regular election in October ties of New Jersey. Sometime since the Senate had re- last, the late member, who was a very popular candidate, ceived a memorial from the opposite party, and this one received a majority of precisely 200 votes against the came forward as a response to it. Some allusions, it was true, were made to the Senators from New Jersey, but if those Senators did not object to the paper on that account, surely the Senate had no right to interfere. The other memorial which had been sent here by the opposite party, spoke in no measured terms of the Executive act; it denounced the act and all those who supported it. It did not certainly denounce the minority by name, but it did so in effect. Mr. F. concluded by calling for the ayes and noes upon the motion of the Senator from Delaware. same gentleman who is now defeated by a majority of more than 1,000. Maryland was following suit to New York and Virginia; and he hoped the symptom would be regarded. Surely these repeated causes of irritated feeling should in charity induce us to indulge the losing party the privilege of a little angry language. He had been somewhat surprised to hear the inquiry put by his friend from Delaware to his friend from New Jersey. Why, sir, did the Senator doubt the quarter from whence such warmth of democracy proceeded? In his experience, Mr. CLAYTON hoped the question would be so taken. the most bitter and excited politicians, those especially What was the language of the memorial in reference to who made most complaint against the claims of Congress this body? He could ask the Senator from Georgia [Mr. and in favor of Executive pretensions, were the exclusive FORSYTH] to point to any memorial couched in terms democrats who, in 1798 and 1812, were the leading and so offensive as this, and which had been received by the most violent federalists. Show me a man who was a Senate. [Mr. C. here read an extract from the memorial federalist of 1798 and 1812 of the purest water-who to the effect that, in the opinion of the convention, went ahead of his party--and you shall see a man who is the insult and abuse directed against the President by an now a thorough-going Jackson man, and an exclusive accidental majority of the Senate, was not only unprece- patent democrat, who goes as far ahead of those who dented, but was a daring violation of the constitution, and were democrats in 1812 as we were then in advance of that they (the Senate) now presented to an astonished him. This is the case in my county, and my friend from people the degraded spectacle of the highest court in the Delaware can tell the same story. It is true there was a Union disabled, by its own act, from performing one of material distinction in the case. The democrats of 1798 its most important functions.] Mr. C., in continuation, said he would not countenance the reception of a paper sent to this body for the mere purpose of insulting it; he would not consent that the Senate should be held up as a "degraded spectacle." He hoped the question would be taken on the subject by ayes and noes. and 1812 went for the rights of the people and the rights of their representatives and of Congress against Executive power: the democrats of the present day-the patent democrats--go for Executive power in its whole length and breadth, and against the rights of the people and the rights of Congress. Now, sir, when these various causes are looked at, are we at a loss to account for the ill feeling and hard words used by these patent democrats? The Senate is not injured by such epithets; it is "biting at a file." He hoped his friend would not renew his motion: let these effusions of mortified feeling be borne with. Yes, sir, said Mr. C., I accept a remark furnished by a friend at my elbow, and say, "Let the sinners groan." Mr. CHAMBERS said, he rose to ask his friend from Delaware [Mr. CLAYTON] not to urge his motion. It was always a delicate as well as a difficult matter to designate precisely the point at which the allowed license of censure should terminate, and at which the character of scandalous language should be deemed to commence. He thought it was best to err on the safe side, and allow a little more than the due quantum of license rather than retrench the freedom of petition. He knew nothing of Mr. EWING made a few observations in opposition to the language of the paper, except what he had learned the reception of the memorial, and read the clause which from the reading of the resolution censuring the conduct had been previously read by the honorable Senator from of the Senate. Now, there were many considerations Delaware; [Mr. CLAYTON.] Mr. E. said he had no obwhich might be estimated as palliations for the warmth jection to receive a memorial, notwithstanding it might and harshness of expression used by the memorialists. contain remarks condemnatory of this body; but no man He would suggest to his friend from Delaware some who had any respect for himself could vote to receive a of them. First, the epithets read, though very harsh, a paper containing such a clause as that which he had were applied to the political conduct of the Senate--to just quoted. The memorialists might have expressed its official acts, and did not attribute bad motives to the their opinion that the Senate had acted unconstitutionally members of the body, or to the majority. But besides without imputing to them any thing degrading or disthis, much charity was due to politicians who were ex-graceful. cited and alarmed at the prospect of losing their power. Mr. CLAYTON said there was another reason why These memorialists had seen the people of their State the paper should not be received. It proposed no legismoving on in immense masses against the administration; lative action. Why should the Senate make a different they had seen its former friends and supporters uniting disposition of the paper in this respect than they had in terms of strong denunciation; the party was melting made of other papers? The memorial, he repeated, proaway, and the long-indulged hope of office and emolu-posed no legislative action. Were Senators to sit in their ment was dissipating. Now, sir, ought we not to bear chairs for the mere purpose of hearing themselves abused? with such folks in the indulgence of a little spleen and Mr. FORSYTH would say a word, with the permission bad humor? It was asking too much to require a party of the gentleman. He thought with the Senator from enjoying but yesterday the confident hope of prosperity Maryland, [Mr. CHAMBERS,] and he was sorry that the and dominion, to see itself prostrated by the very means Senator from Ohio [Mr. EwING] did not follow his exadopted for its preservation, to find defeat after defeat ample. Mr. F. thought the memorial, even if it proannounce its approaching dissolution, and yet preserve its mild and amiable tone and temper. He was proud to have it in his power to announce one more instance of the progressive march of sound principles, which had been furnished in his own State, and in the vicinity of his friend from Delaware. The lamented death of the worthy representative from the first Congressional district of the VOL. X.-116 posed no legislative measure, ought to be referred, like others, as an expression of public opinion, and as such it was entitled to great respect, in view of the source from which it came." The delegates from all parts of New Jersey, by whom it was sent, imbodied a large portion of the Senator's constituents, who presented it, and, as the memorial said, a majority of them; and admitting the SENATE.] New Jersey Memorials.—Amendments to the Constitution.—Restoration of the Deposites. [JUNE 2, 1834. facts stated to be true, their language was justified: it from the Bank of the United States, and their future diswas degrading to act the part of prejudging. These position. men believed the Senate had done so, and they had a right to express it. The Senate would not endorse their declaration by referring and printing the memorial, and the Senate owed it to their self-respect to treat this memorial as they had done the other from the convention in New Jersey of the opposite party. Mr. F. thought the whole party was not to be judged of by one or two patent democrats. Mr. CLAYTON noticed the resolution in the memorial more particularly objectionable, which charged the Senate with "an act of gross and revolting injustice, and as now exhibiting to the astonished world the degrading spectacle," &c. Mr. C. moved to lay this resolution on the table. Mr. BROWN called for the yeas and nays on the ques- NAYS.--Messrs. Benton, Black, Brown, Forsyth, The resolutions were then taken up. Mr. CLAY, in a few words, expressed his hope that Mr. POINDEXTER was disposed to receive and refer no unnecessary time would be taken up in discussing the any petition couched in respectful language; but he would resolutions, but that they might be passed upon this day. not consent that one should be received which was dis- The first resolution had been already discussed for several respectful to the body, or any member of it. He alluded months, and he did not intend to say a single word on the to the rejection of the memorials from Erie, Germantown, subject of the second resolution, unless the course taken and York; and he would say, on his own responsibility, by gentlemen on the other side should render it necessary as this was the order of the day, that this was more dis- for him to do so. respectful to the Senate than either of the others. He Mr. BENTON then rose, and moved that the resoluhad never seen such vulgar, such blackguard language tions be postponed, for the purpose of giving the Senate in any memorial; it was not fit to send to any body of an opportunity of considering the following resolution: men, and particularly to the Senate. If the language Resolved, That the Senate will not consider any propohad been respectful, Mr. P. cared not for the subject; sition to restore the public moneys to the keeping of the but he would demand from every portion of the people Bank of the United States, or to renew the charter of that of the country that respect which he would accord to bank, until after it shall have submitted to a full examinathem. If such a paper had been sent to the President, tion of its affairs by a committee of one of the Houses of what would the old hero" have done? Mr. P. would Congress, and especially into the part which the bank may not say that he would have acted the part of a roaring have acted, if any, in producing the late commercial emlion; but he would have spurned the proposal to receive barrassments and distresses. such a paper, and put it on his files. And yet the Senate Mr. BENTON, in support of his motion, spoke somewhat were asked to refer and print this paper, which repre- at large in vindication of the right of Congress to examine sented them as a degraded body. into the conduct and affairs of the bank, and its duty to Mr. P. moved that the paper should not be received, do so, before it would entertain any proposition of honor and asked for the yeas and nays; but withdrew the motion or confidence to that institution. The right to make this on the suggestion of Mr. FRELINGHUYSEN, who examination, he said, rested upon many grounds. A moved to amend Mr. CLAYTON's motion, by adding the clause in the charter reserved this right, and reserved it 11th to the 9th resolution, and laying both on the table. without limitation or restriction, without forms or condiMr. CLAY, after calling the attention of the Senate to tions; and it was not to be endured that this unconditional the two resolutions, on the insufficiency of the Secretary right, reserved by Congress, should be defeated and nulof the Treasury's reasons, and the restoration of the de-lified by the interposition of forms and conditions, restricposites, moved to lay the whole of this memorial on the tions and limitations, prescribed by the bank itself, and table. which would put it into the power of that institution to be Mr. FORSYTH asked if this were to be the final dis-examined or not, just as it pleased. Besides this charterposition of it. Mr. CLAY hoped so; but he had no objection that it should be called up hereafter by the gentleman from Georgi, if he thought proper. Mr. FORSYTH supposed it would be final, and called for the yeas and nays; which were ordered, and there appeared, yeas 18, nays 21. So the memorial was laid on the table. AMENDMENTS TO THE CONSTITUTION. ed right to examine the bank, Mr. B. said that the United States was a partner in the institution, and possessed the natural and equitable right of all partners to know how the partnership concerns were managed. Every partner has a right to examine the books and papers of the concern; dormant partners possess this right as well as active partners; and if the members of the concern who have charge of these books and papers, refuse to submit them to the inspection of the other partners, a court of equity The special order of the day, being Mr. BIBB's reso- and place the books and papers where every partner can will interfere, upon the application of the injured party, lutions to amend the constitution of the United States, so far as relates to the election of President and Vice-Pres- have free access to them. This is the natural right, and ident, was taken up; and Mr. BIBB, after concluding equitable law of partnerships; and the people of the his speech on the subject, commenced some days ago, millions of dollars in this bank, have a right to see how it United States, who are partners to the amount of seven submitted some verbal amendments, which were adopted. has been managed, and their representatives are the Mr. BENTON then moved to refer the resolutions as amended to a select committee, to consist of five mem- proper persons to exercise that right. A committee of bers; which motion having been carried, the following and if such a committee should be repulsed from the door Congress is the proper organ to examine for the people; gentlemen were chosen by ballot: Messrs. Bibb, Benton, Webster, Calhoun, and Forsyth. the institution, are resisted and violated. A third ground of the bank, then the rights of the people, as partners in on which Mr. B. bottomed the right of the Government to examine the affairs of the bank, resulted from the na tionality of the institution-from its national character, in contradistinction to its mere banking character--and the RESTORATION OF THE DEPOSITES. Mr. CLAY moved to postpone the previous orders, and to take up the joint resolutions submitted by him some days since, on the removal of the public deposites JUNE 2, 1834.] of 1791: consequent liability which it incurred, with all other na- him, the question put by Sir Henry Parnell, whether he tional institutions, to undergo the supervision of the power meant to ask for a renewal of the bank charter before a which created it. On this point he quoted General Ham- committee of the House had investigated the affairs of the ilton, and showed that that eminent man, when he was bank. He declared that there should be full inquiry; and first recommending a bank of the United States, in the full inquiry there was, without limitation, restriction, conyear 1791, openly asserted the right and the duty of the dition, or formality, on the part of the bank. Mr. B. said Government to examine the institution as often as it it was the right and the duty of Congress to act in the thought fit, and declared that an objection to such an ex- same way towards the Bank of the United States. amination would imply mismanagement. Here he read Even if no misconduct was imputed to it, it would be the following paragraph from General Hamilton's report right to examine, and see if no misconduct had occurred. It should be a prelimiary step of prudence and precaution, "If the paper of a bank is permitted to insinuate itself before such large powers should be granted again. But into all the revenues and receipts of a country; if it is there was misconduct imputed to it; and dropping all even to be tolerated as the substitute for gold and silver, other imputations, he would point out the one which stood in all the transactions of business, it becomes, in either first on the list of inquiries ordered by the House of Repview, a national concern of the first magnitude. As such, resentatives-which was alluded to in the resolution which the ordinary rules of prudence require that the Govern- he proposed to submit, if the postponement took place ment should possess the means of ascertaining, whenever which he moved for—and which went to ascertain whether it thinks fit, that so delicate a trust is executed with fidel- the Bank of the United States was the author of the disity and care. A right of this nature is not only desirable tresses which had prevailed in the country during the as it respects the Government, but it ought to be equally past winter? This he held to be a most vital inquiry, and so to all those concerned in the institution, as an addition-one that should never be abandoned until the true authors al title to public and private confidence, and as a thing of that distress were made known to the people. An imwhich can only be formidable to practices that imply mis-mense number of memorials presented to Congress, management." charged it upon the President; a great number of others. All this has happened, said Mr. B. The paper of the charged it upon the bank. The truth of these charges. Bank of the United States has insinuated itself into the the people ought to know; and certainly the bank ought receipts and revenue of the country; it has become a sub-not shrink from the evidence of its own books. A strong stitute for gold and silver; it has entered into all the trans- presumptive case of guilt was made out against it; and actions of business between man and man; and, thereby, that presumption was ripening into full proof and absothis bank has become a national concern, and a concern lute conviction, under the conduct of the bank in refusing of the first magnitude. The branch of the Government to submit to the test of its own books. The Government immediately representing the people, have thought fit to directors, in their memorial addressed to Congress, had order an investigation into the affairs of the bank, and strongly inculpated the bank, and gone into a statement that investigation has been resisted and defeated by the of facts to show that the directors refused every proposi bank. In the language of General Hamilton, this resist-tion to conduct the curtailment of the bank debts on a ance implies mismanagement; and that mismanagement plan of equality and impartiality, and put the whole busiought to stimulate the Government to an exertion of all ness of the curtailment into the hands of a subaltern comits powers to enforce the examination to which it is enti-mittee, appointed by the president of the bank alone, and tled. A fourth ground upon which Mr. B. placed the exempted even from the small restraint of reporting to right of the Government to examine the affairs of the the board of directors!-affirming that the late pressure bank, related to the restoration of the deposites and the in the money market had been occasioned by the bank renewal of the charter. If the bank was culpable, it itself-that the curtailment had been conducted by a sewould have no claim to the further keeping of the public cret committee, and had been partial, unequal, and unmoneys, and it ought to submit to have that question of necessary. Mr. B. went on to read several extracts from culpability tried by the evidence of its own books. If it the memorial of the Government directors, to prove what had abused the powers granted to it, it can have no claim he said. At page 16 of their memorial, he read a resofor further favor or confidence. On this point, he took lution submitted by the Government directors to the a decisive stand, independent of the charter, and inde-board, proposing a systematic reduction, to be gradual in pendent of all legal rights, and resting upon the great its operation, and to bear upon all sections of the country, principle, that the Government had a right to know how and all classes of debtors, in the same degree and propor the bank had been managed during its present existence, tion. This plan, the committee say, would have prebefore it would renew to it another term of existence. vented an oppressive, sectional, and partail curtailment, This was a condition precedent in the hands of the Gov-and would have confined the business of curtailment to ernment. It was a condition which it had a right to pre- the board of directors, and given to every director a voice scribe, and which, under present circumstances, it was in what was done. This plan was rejected! No-worse eminently its duty to prescribe. It had a right to say to than that!-the imperious board refused even to consider the bank, We wish to know how you have exercised the it! and forthwith adopted a series of resolutions for regreat powers we have granted to you, before we renew ducing the business of the institution, and gave authority those powers; we wish to examine your own books, to see to the committee of the offices to modify these resolutions what your conduct has been; and until you submit to that as they should deem expedient, and peremptorily refused examination, we will not entertain, or consider, any prop-to require this committee, thus invested with unlimited osition to renew your extraordinary privileges. This power over the great and delicate business of curtailment was what the Government had a right to say. It was what-refused to require them even to report to the board of was done in England in relation to all great corporations directors! This, Mr. B. considered to be a flagrant -the East India Company, as well as the Bank of Eng-breach of the charter, which expressly enacts that not land. A committee of forty-eight members had thorough-less than seven directors shall constitute a board to transly investigated the affairs of the East India Company be-act business. The reduction of a debt of sixty-odd milfore its charter was renewed; a committee of thirty-two lions, was certainly a piece of business! It was the most members had also thoroughly examined the affairs of the important piece of business ever transacted by the bank; Bank of England before its charter was renewed at the and has been so transacted as to fill this hall with cries of last session of Parliament. Lord Althorp, in the House ruin and distress from various quarters of the country. of Commons, in 1831, felt almost as an imputation upon! The Government directors expressly charge, at page SENATE.] Restoration of the Deposites. [JUNE 2, 1834 Mr. CLAY asked the yeas and nays on the motion; 17 of their memorial, that "We attribute to them the ex- subject to the control of Congress! this creature of our cessive curtailment in the business of the institution, which own creation, over which we had ample control! Yes, has been so sudden and oppressive, and which was not ample control! that was the word! this fiscal agent, which necessary, either to the extent to which it was carried, or was responsible to Congress, not to the President! and in the manner in which it was made to bear on the com- which was right in resisting all amenability to the Presimunity." Having read these extracts, Mr. B. comment-dent, because it was to Congress that the charter made it ed upon them as containing a direct charge, first, of a responsible! This was the language, in this Senate, for breach of the charter in committing the proper business four months! What is it now? Why, that it is not Conof the board to a subaltern committee of three members; gress, but the Judiciary, to which it is liable. It is the and, secondly, of a partial, sectional, unnecessary, and court-the court-to which it will submit. She will go oppressive curtailment of the debts of the institution. to law with Congress, but will not submit to be examined These were the charges; charges made by the Govern- by a committee. Congress may send a scire facias, but ment directors, and not in newspapers, but in a memorial no committee of investigation. Such is the new refuge, to Congress. True, these directors have been rejected or subterfuge of the bank. When the President asks for by the Senate; but, equally true, the House of Repre- information through the Government directors, his ausentatives had ordered an inquiry into the conduct of the thority is resisted, because the bank is responsible to Conbank, and have put this charge of the Government di-gress, and not to him! When Congress asks the same rectors at the head, and in the very front, of the subjects information, then Congress is resisted, because the bank to be inquired into by their committee. True again, that is responsible to the Judiciary, and not to Congress! Such the charter reserves to either House of Congress the right, are the contradictions, such the subterfuges, such the through a committee, to inspect the books, and to exam. tricks played off in our faces, and in the view of the whole ine the proceedings of the bank, to see whether the American people. In the face of such evidences of guilt charter has been violated. But what has happened?-in the face of such a strong presumptive case to convict The committee of the House, sent to Philadelphia to in- the bank of being the author of the distresses which have spect the books, and examine the proceedings of the been complained of in the memorials to Congress, is it bank, have been resisted and repulsed! They return right to give her marks of favor and confidence? Is it without accomplishing their mission! and a loud cry is right either to restore to her the keeping of the public set up in one general chorus, by the bank, and all its moneys, or to grant her a renewal of her charter? Mr. friends, in Congress and out of Congress, that the Gov- B. thought not, and that the proper course for the Senate ernment must go to law with the bank! that the directors to follow was indicated in the resolution which he had are not bound to criminate themselves! that a scire facias read, and which he would submit for the consideration must issue, and then they will answer in court! Thus re- and action of the Senate, if the present proceedings should fusing to abide the evidence of their own books! Thus be postponed. refusing to let a committee of Congress inspect their books, and examine their proceedings, to ascertain whether the bank was innocent, or guilty, of a wanton oppression of the community, during the past winter. Mr. B. said, that since the distresses of the South Sea scheme in England, at the commencement of the last century, there had not been in any country so loud and pervading a cry of distress, as has been heard in this country during four or five months past. The cries of the English people had been carried to Parliament, as the cries of the American people have been brought to Congress. What did the English Parliament do? Immediately raised a committee; sent them to examine the directors of the South Sea Com- Mr. BENTON then moved to strike out all after the pany; received their report; ordered all the directors to enacting clause of Mr. CLAY's resolutions, and insert, as an the bar; interrogated them in the face of all England; amendment, the bill reported in the House of Representconvicted them of practices which had distressed, alarm- atives by the Committee of Ways and Means, providing ed, and injured the community; and sent them to jail, for the deposite of the public moneys in the State banks, Joaded with the curses of an outraged kingdom. This is and making regulations for its security in those instituwhat Parliament did in a similar case to what has now tions. In support of his motionhappened in our America. Mr. B. would not ask what Mr. BENTON proceeded to state several reasons, and Congress had done. That question was yet to be tried to urge many considerations in favor of adopting it. He in the House of Representatives; he would not anticipate deprecated the spirit which seemed to have broken out the issue; it was not his business to do so. But what had against State banks, and said that it augured badly for the the Senate done? Had it ascertained the truth of the rights of the States. The strongest current of consolidacharges made by the Government directors, before they tion which was now observable in the Union, was that were rejected? Not at all! Had they ascertained the which sat in favor of the Federal bank and against the truth of these charges before they proposed to restore the State banks, and threatened to consolidate all moneyed public deposites to the keeping of the bank? Not at all! power, and with it all political power, in favor of a great Nothing is inquired into-nothing ascertained-all taken central institution, independent of the States, and able, for false or frivolous that is alleged against the bank; and by its own avowal, to crush the State institutions at its even her cry adopted, of, Go to law! Mr. B. remarked pleasure. He said this spirit against the State banks was upon this cry for a scire facias, so suddenly adopted in the an impulsion of modern origin-unknown to the fathers Senate here. It had broken out to-day, and now resounded of the republic, and to the early history of the countryfrom all quarters. Whence this cry? It comes from and strongest now where the spirit of consolidation was Philadelphia! It is brought back by the minority of strongest, and where the defence of State rights was the bank committee; it is put in their report; and forth-weakest. At the commencement of this Federal Govwith, it becomes the cry of the whole bank party. But ernment, said Mr. B., there was no Federal bank, and all what a contradiction is exhibited, and exhibited here to the public moneys were kept in State banks, or drawn our faces! What a change in a few brief days! For four direct, and as fast as they were received, out of the hands months we heard nothing else but of this responsible bank, of receivers and collectors. General Hamilton, when NAYS.-Messrs. Bell, Bibb, Black, Calhoun, Chambers, Clay, Clayton, Ewing, Frelinghuysen, Hendricks, Kent, McKean, Mangum, Naudain, Poindexter, Porter, Prentiss, Preston, Robbins, Robinson, Silsbee, Smith, Southard, Swift, Tipton, Tomlinson, Tyler, Waggaman, Webster.-29. So the motion to postpone was disagreed to. |