FEB. 17, 1834.] Germantown and Baltimore Memorials. [H. of R. Mr. LANE said that he should like some explanation! He was well aware of the nature of the oath taken by from the gentleman from Pennsylvania. him as a member of that House; and he was not the less The CHAIR pronounced it out of order, and put the aware that neither that oath nor the constitution of his question on the printing, which was carried. MEMORIAL FROM GERMANTOWN. Mr. SUTHERLAND presented a memorial of inhabitants of Germantown and Bristol, adopted at a meeting held without distinction of party, praying for the restoration of the deposites. He also presented a memorial from the cordwainers and boot and shoe dealers, adopted at a meeting held in Independence Hall. Mr. S. said he presented this memorial by way of answer to that offered by his colleague, [Mr. HARPER,] and to the speech which had accompanied it. That gentleman had said that business was at a stand; that no contracts had been made at a season when there had heretofore been many. Mr. S. attributed this mainly to the protraction of the debate in Congress, and to the agitating and inflammatory speeches which were every day sent abroad through the country. There was a sort of military process going on. We could not turn round, but the first thing we met was the speech of Mr. A, or Mr. B, The CHAIR pronounced Mr. S. out of order. Mr. SUTHERLAND justified himself, as intending only to reply to his colleague; and then referred to the rumors in the community about the danger of the State banks, &c. After remonstrating against farther delay, and pressing an early decision, he quoted certain passages from the memorial, in which the shoemakers declare themselves in good business. Mr. HARPER explained. He had not said that the hands were yet discharged; but that, without help, they soon must be. The memorial was then referred. MEMORIAL OF MERCHANTS OF BALTIMORE. Mr. HEATH presented a memorial of the merchants of Baltimore, praying for the restoration of the public deposites. He stated that some of the signers were directors of the Union Bank of Baltimore, which had been selected as the Government deposite bank, and also the presidents and cashiers of other banks of that city. Mr. H., in presenting the above memorial, said he should avail himself of the opportunity of addressing a few remarks to the House on this subject. country, which he had so solemnly sworn to maintain, recognised any party feeling or party prejudice. But he could not help expressing his astonishment and regret to observe that too many honorable gentlemen who had addressed the House upon this vital question had manifested a warmth of party feeling little consistent with the character of the deliberative representatives of the people. In saying thus much, he wished not to be understood as meaning to reflect personally upon the line of conduct any other member might have deemed it his duty to pursue. For himself, he could solemnly and conscientiously aver that, when he first entered the door of that hall, he entered it divested of the remotest principle of party feeling or party prejudice. He entered it as an American freeman, to exercise the right bestowed upon a free representative of a free and enlightened people, resolved to act for his country, and his country only. It was these views and these feelings that should alone bias the course he intended to adopt. It had been said upon that floor that the Bank of the United States had been guilty of a violation of its charter. If so, the law had provided an ample remedy, and he thought that remedy should have been first applied. He would not that the writ of scire facias should have been withheld one hour after the delinquency had been proved. We have been told that the bank had made use of their funds for electioneering and other illegal purposes. It might be so; but he would ask, was not the same to be apprehended from the State banks? Had they not the same means, the same ability, the same end to answer? and what proof was there that they would be more immaculate than the chartered institution? He called upon every member of that House to divest himself of party feeling; he called upon them, in the name of their constituents and of their country, to do so; and he would ask if they could lay their hands upon their hearts, in the presence of their God, and reconcile it to their consciences in considering a question of this important character upon party principles? Had the guilt of the bank been established? Were all the charges brought against that institution made out? He had not seen them. The public, however, did know something about the conduct of the bank, and he would briefly enumerate what that was. public money free of charge and free of risk throughout every State and Territory of the Union. Nor had the country been a loser to the amount of one solitary cent in any of these great transactions. These were facts known to the world; and, in the face of them, he would ask if it were good policy to withdraw the public funds from an institution like this, and scatter them over the country, scarcely any one knew where?-to take them out of vaults over which the Government had complete control, and place them where it had none?-to remove them from a bank in which they appointed directors of their own, and deposite them in others, in not one of which they had the power of appointing a single director, or a prospect of receiving one cent of interest for the public money? The bank had acted as the faithful agent of the GovFirst, with regard to the memorial which had been in-ernment for a period of seventeen years, during which trusted to his care. It was signed by upwards of three time it had paid to that Government from six to seven per thousand individuals of all classes, and without distinction cent. annually. It had disbursed all the drafts made upon of party. It included the whole of the commercial, trad-it by Government, and distributed the deposites of the ing, and manufacturing interest of that portion of the community which he had the honor to represent. Among other names of high respectability, were to be found several of the directors of the Union Bank of Maryland, a bank which had been selected by the administration as a place of deposite for the public moneys, together with the president, cashier, and directors of several other banks in Baltimore. The memorial, in fact, contained scarcely a single name that was not well known for integrity and moral worth. He would confidently appeal to his honorable colleague, (Mr. McKIM,) who, he was sure, would at all times be found ready to testify to the high standing, intelligence, enterprise, and talents of the citizens of the district which he (Mr. H.) had the honor to represent. He said it with pride, and yet with confidence, that there was no city in this great Union which possessed men more ardent for their country's welfare, more able to sustain her glory and honor, or more free from the trammels of party prejudice, than the city of Baltimore. In commercial enterprise, and in the rigid fulfilment of engagements, her citizens yielded to none. And it was a memorial signed by such men he now presented to the House. Of one thing the country had hitherto been assured: that, whatever might have been the conduct of the United States Bank in regard to other matters, the public money was at least safe in its vaults; which was more than they could assure themselves of at this time. He greatly feared that it would be found, in perhaps not a few of them, when the people called for their money, that more than one hole had existed through which the deposites had escaped, H. OF R.] Richmond Memorial. [FEB. 17,184. never more to be recovered. He should be happy if his doing so at large, before the discussion in the regular fears were groundless; but, from what he knew, he could form, and on the direct question, shall be determined. augur nothing better. For the present, I beg leave to say that I do not agre Mr. H. said he had been sent to that House, not as a with the memorialists that the Chief Magistrate, in the partisan, nor upon party feelings, but as a free and inde- course pursued by him to procure the removal of the dependent American citizen, who would never bend his posites by the Secretary, viz. by the removal of Mr. Dineck to the collar or to the yoke. He stood before that ane, has been guilty of any unconstitutional assumption t House with the proud consciousness of possessing a char-power. I concur with the memorialists, that the question acter that had never been known to swerve from duty. which have arisen out of this matter do involve an This was perhaps much to say, but he would appeal to quiry as to the proper line of distinction and separation those who had long known him (and there were some between the Executive, Legislative, and Judicial Depar within the sound of his voice) for the truth of this declara-ments of the Government, as secured by the constitutio tion. It was the duty he owed his constituents and his and the separation of which, and restriction of each of country that impelled him to the course he should pursue which within its own orbit, are essential to the preservaon this question. It was with pain that he found himself tion of the public liberty, according to one of the rearrayed against the course of the present Executive; for ceived maxims of free government. But it seems to be he would say that General Jackson had not a more ardent, that, if the principles asserted in the memorial of Le zealous, or sincere friend on this floor than he had been. citizens of Richmond be adopted and carried out to the The whole of his (Mr. H.'s) public life would attest the legitimate consequences, there will be accomplished 1a truth of this. He had uniformly supported all his meas- utter subversion of the barriers erected by the const ures, and had the greatest confidence in his integrity. tion for the protection of the Executive branch of the He would say more: he was still his friend and admirer, Government, in the administration of the functions de and happy should he be if he could add he was still his volved upon it; and a very rapid stride will be made to advocate. His duty impelled him to an opposite course, wards the consummation so much dreaded by the fathers and the period had not yet arrived in this country when of the republic-the consolidation of all the powers an American citizen dared not differ from the President Government in the ingulphing vortex of the Legislati of the United States in any matter brought before Con- Department. gress or the public. He was not prepared to receive I think with the memorialists, Mr. Speaker, that the either the collar or the yoke. He could not help express- proceedings of the Executive, in this matter, were un ing his regret that such terms were drawn from him; but wise, inexpedient, and ill-timed; but, at the same time, he would appeal to the partisans of the President of the supposing that the President honestly believed that the United States on that floor, and ask them, if, instead of law justified, and the public interests required, the re sending a message announcing the withdrawal of the de-moval of the deposites, (and we have no right, from any posites from the United States Bank, he had thought fit evidence before us, to say that he did not,) then it seems to send a message directing them to be restored, whether to me that he had not only the power, but that it was his they would not have lifted their voices as highly and as constitutional right and official duty to displace the reculoudly in favor of their return as they had done in support sant Secretary of the Treasury. of their removal? He was firmly of opinion they would have done so. The SPEAKER called the honorable member to order. Remarks of that character, impugning the motives of members of the House, could not be allowed. Mr. HEATH hoped he should be excused if he had not confined himself within the strict rules of the debate, since it was the first time he had ever addressed that honorable assembly. He said he should not detain the House with any further observations, but would ask for the reading of the memorial. The Clerk read the memorial; and Mr. H. moved that it be referred to the Committee of Ways and Means, and printed; which motion was agreed to. MEMORIAL OF MERCHANTS, &c. OF RICHMOND. The SPEAKER laid before the House a memorial signed by about eight hundred of the merchants and other inhabitants of Richmond, praying for the restoration of the deposites to the United States Bank. In relation to another proposition maintained by the memorialists, I differ with them. I do not admit that the removal of the deposites involves any violation of pub faith, or that any obligations of contract require them to be restored. I regard the question whether they ought to be restored, as a question of political expe diency. It is not, I agree, a question of "bank, or no bank." That is, what you, or 1, or any other gentleman may think, as to whether a United States Bank ought be rechartered or not, has nothing to do, in my judgmen with the inquiry whether the deposites ought to be re stored or not. But I am at a loss to comprehend lo any gentleman, who looks at the deposite question as of of political expediency, can keep out of view the i quiry whether the Bank of the United States, or any Bank of the United States, will be chartered. It is not, to be sure, admitted by the memorialists, terms, but it is to be gathered from the whole scope and tenor of the memorial, that the commercial distress and dismay which exists has not resulted from the act of the removal of the deposites itself, but from an apprehension Mr. PATTON said the accidental connexion which he that the bank is not to be recliartered, and that the Es had with the memorial which had just been read-a con- ecutive branch of the Government has assumed an attitude nexion growing entirely out of the necessity that some of hostility to the bank. If this be true, what relief ca one, according to the usual custom of the House, should you afford? How do you remove the dismay of the trad call for the reading of memorials on this subject-made ing community by returning the deposites unaccompanied it proper, and perhaps necessary, that he should state, with an assurance that the bank is to be rechartere without entering upon any discussion of the questions of The imputed cause of the disease will still remain in full constitution, law, or national policy, which constituted the force; and if any relief be afforded by the administration topics of the memorial, that from most of the propositions in the proposed palliative, it must necessarily be tempo and inferences contained in it he wholly dissented. I shall not, (said Mr. P.) at this late period of the day, and be felt with aggravated severity. In this respect, rary, and after a few months the evil must be renewed, avail myself of the example which has been so frequently question whether the Bank of the United States will be set in the House lately, to enter upon an elaborate expo- rechartered, is unavoidably connected with the propo sition of my opinions, and the reasons which have induced sition whether the deposites ought to be restored of me to adopt them. I hope to have an opportunity of not. the FEB. 18, 1834.] Kentucky Resolutions-Correction of the Journal-Case of H. Owens. Mr. ADAMS still insisting on his motion [H. of R. The CHAIR quoted to him the language of the memorial, in which reference was found to the payment of cash duties. As to that question, every gentleman, looking to the The CHAIR decided that it would be out of order to signs of the times, to the known and ascertained opinions go into reply to what passed yesterday, upon a mere moof the representatives of the people-the representatives tion to amend the journal. of the people here, and the representative of the people at the other end of the city--must judge for himself. For my own part, I see no reason to suppose that the Bank of the United States will be rechartered, or that a Bank of the United States will be established. If that question were now to be presented, I believe there would be a majority of at least forty in this House against the establishment of any bank. Is it likely that this majority will be changed? I know of no ground on which such an expectation can be indulged. If I believed that the Bank of the United States would be rechartered, I would vote for a restoration of the deposites instantly. I have been induced to make these few remarks, with out premeditation, unexpectedly, and indeed, I may say, by an accident, for the purpose of preventing any possible misapprehension of my opinions, which might have resulted from my making, without explanation, the motion which I now make-that the memorial be referred to the Committee of Ways and Means, and be printed. The motion was agreed to. RESOLUTIONS OF KENTUCKY. Mr. TOMPKINS presented the following resolutions of the House of Representatives of the State of Kentucky, viz: Mr. ADAMS then said that that which he had supposed to be an error of the clerk was an error of the memorialists, for that no cash duties were exacted. CASE OF HARDEMAN OWENS. The resolution offered by Mr. GILMER, calling for information on the subject of the death of Owens, in Alabama, coming up Mr. BEARDSLEY, who had the floor from Saturday, rose to address the House, but yielded it to this resolution when it had last been up, but had not at Mr. CLAY, who wished to explain. He had opposed that time understood that one of the objects of the mover been done to the family of Owens, with a view to obtain was to get information as to injuries which might have restitution to the widow. It had also been since intimated to him that another object was, to inquire whether one of the officers at Fort Mitchell had not contrived to run off the man charged with the killing of Owens, so as to put him beyond the process of the courts of Alabama. He therefore withdrew his opposition to the resolution. He also admitted that he had been mistaken as to the conduct of Major McIntosh in relation to the process to Resolved, by the House of Representatives, That the Pres-apprehend the soldier; that officer had, at no time, reident of the United States, by causing to be withdrawn sisted the process, but had afforded every facility for havthe public money from the place of safe deposite, where ing it served. it had been made by law, and placing it in the local banks, under his control, of the solvency of which the people at large know nothing, and into whose affairs their representatives have no right to examine, has violated the constitution and laws of the United States; that he has "assumed a responsibility" dangerous to liberty, and which tends to the concentration of all power in the hands of the Chief Magistrate of the United States. HOUSE OF REPRESENTATIVES, Resolved, That, by the frequent exercise of the veto power, and that still more arbitrary and dangerous one of withholding bills passed by both Houses of Congress, thereby preventing the opportunity of a reconsideration by that body in the mode prescribed in the constitution, the President has, to a great extent, crippled and paralyzed the Legislative Department of our Government, and, in some instances, has prevented the exercise by Congress of their essential constitutional rights. Resolved, That the clerk of this House transmit to each of our Senators and Representatives in Congress copies of the foregoing resolutions. Extract. Attest: R. S. TODD, C. H. R. Mr. BEARDSLEY, believing that the resolution was calculated to lead to much discussion on a very exciting subject, had intended to move to lay the resolution on the table; but, as there seemed a general wish to get a decision upon it without delay, he would move the previous question. Mr. HARDIN asked Mr. B. to withdraw his motion, but he refused. The question was then put on seconding the call for the previous question, and decided in the negative, as follows: ayes 98, noes 104. So the House refused to put the previous question. Mr. HARDIN then addressed the House in a very animated speech, in support of the resolution. Mr. MARDIS considered the speech as unnecessary and premature, as none were opposed to the resolution. The only effect of discussing the subject, before the information was obtained, must be to prejudice the public mind in a case where the character of a public officer was concerned. Mr. WILDE made a very spirited reply to the explaAfter the presentation of numerous other petitions, the nation of Mr. CLAY; protesting, utterly, against placing House adjourned. TUESDAY, FEBRUARY 18. The journal of yesterday's proceedings having been read Mr. ADAMS wished to have the journal corrected, in that clause which speaks of the memorial offered by Mr. CAMBRELENG, on the subject of the warehousing system, and which refers to it as a memorial praying also for the abolition of cash duties. He thought the words "cash duties" could not be in the memorial; neither was its prayer such as the journal stated. He wished those words in the journal stricken out. There was, in fact, no such thing as a cash payment of duties now existing; and he was desirous of taking this opportunity of reply ing to some of the remarks of Mr. CAMBRELENG on this subject yesterday. the resolution on such grounds. It rested on the rights of every American citizen. The resolution was again read and adopted, without a dissenting voice, as follows: "Resolved, That the Secretary of War be directed to communicate to this House all correspondence which he may have had, or other information in his possession, in relation to the death of Hardeman Owens, a citizen of Alabama, who was lately put to death by a party of regular soldiers; whether said Owens was put to death in pursuance of orders from the War Department, or any offi cer of the United States; and that he also communicate to this House any correspondence which he may have had, or other information in his possession, in relation to any obstructions thrown in the way of the execution of the process of the courts of Alabama, issued for the purpose of bringing to trial those by whom said Owens was killed; and any correspondence in relation to the removal H. OF R.] Removal of the Deposites. == [FEB. 18, 1834. of said prosecutions to the district court of the United But he only felt solicitous for the distinct settlement of States." DEPOSITE QUESTION. The House proceeded to consider the motion of Mr. POLK, of Tennessee, to commit the report of the Secretary, on the removal of the public deposites from the Bank of the United States, to the Committee of Ways and Means, together with the following instructions, moved by Mr. McDUFFIE, of South Carolina: "To report a joint resolution providing that the public revenue, hereafter collected, be deposited in the Bank of the United States, in conformity with the public faith pledged in the charter of said bank." And the following instructions, moved by Mr. JONES, of Georgia: the question, as it was one of much importance in refer ence to the future despatch of business. Mr. FOSTER, Mr. VINTON, Mr. GHOLSON, and Mr. CLAYTON, also made some remarks in opposter to the decision of the Chair; and Mr. BROWN, of New York, in support of it. Mr. WILDE asked whether, before the decision of t'e House on the appeal, it would be in order to move a cal of the House. The SPEAKER replied that it would not be in order. Mr. WILDE then demanded the yeas and nays on the appeal, and they were ordered. Mr. CHILTON remarked that there was nothing in the rule of the House that forbade a call of the House; a "To inquire into the expediency of depositing the re- hoped that, upon a great question like this, the fun venue, hereafter collected, in all the State banks in the mental right of their constituents to give, through their different States where the same is collected, in propor- representatives, a vote, would be respected. tion to their respective capital paid in; and to prescribe Mr. BYNUM said he did not rise so much to enter the the terms on which the same shall be deposited; and to report by bill or otherwise." discussion of the parliamentary usages of the House, I relation to the subject under debate, as to reply to the Mr. MUHLENBERG rose and said, that this was merely remarks of his honorable friend from Virginia [Mr. Go!a preliminary question, the decision of which would not sox] and the gentleman from Georgia, who had just taken affect the decision of the main question. It was merely his seat. Mr. B. said he had heretofore invariably voted a question whether the subject should go to the commit against the call of the previous question. His object ha tee with or without instructions. The question had been been to allow the fullest latitude to a free discussion of under consideration the greater part of seventy days, and the subject then before them, which had been carried on he thought it quite time to decide it; the country was upwards of two months without interruption, and which, calling for it in every direction. He felt compelled, therefore, from an imperious sense of duty, to call for the previous question. he thought, in all conscience, a reasonable length of time for the discussion of one subject. But the honorable gefr tleman from Virginia had said, or insinuated, that the House Mr. CHILTON asked a call of the House. was about to use the brutal force of numbers to put a stop The SPEAKER stated that the call of the House was to the debates. This he denied, and contended that he not in order, as there was a motion for the previous ques- had every disposition to extend to every gentleman on tion, which was not yet decided. The question was, this floor an opportunity to address the House; but that now, whether the House would second the motion for the he thought such was the nature of this protracted debate, previous question. and the circumstances growing out of it, that the interest Mr. WILDE said there was a principle of courtesy, of the country at large required that it should be term which was above any consideration upon which the gen-nated in some form or other; that hundreds and hundreds tleman from Pennsylvania [Mr. MUHLENBERG] had made of thousands of dollars of the people's money had been his motion for the previous question. He considered, spent in this protracted discussion, without the least bette after what had been said in the debate, in relation to his fit, in his judgment, being afforded to the nation. He connexion with the Committee of Ways and Means, that could not, therefore, upon grounds of policy, feel himself he had a right to expect from the House an opportunity justified in voting in favor of a continuation of so fruitss of being heard. By the courtesy of the House he was a discussion. Mr. B. said that the gentleman from Geceentitled to make a reply to some of those who had parti-gia [Mr. CLAYTON] had stated that he thought it a ver cipated in the debate. He therefore appealed to the hard case that a call of the House should not be made, gentleman for the withdrawal of his motion. order to allow gentlemen who were absent an opport nity of voting. Mr. B. said he could not recognise the principle of having a call of the House on every occasion to get members in to vote. He thought it rather the duty to be in their seats, and that they should be excused only for sickness or unavoidable absence, for which, he had no doubt, they always would be excused both by e House and their constituents, to whom they were more immediately responsible. He, therefore, thought there Mr. BURGES said there was no good reason for not was little weight in the argument of the gentleman from calling the House before the seconding of the previous Georgia, in relation to the hardness of the cases of thos question. If there was a necessity for the call, it existed who were absent. Gentlemen had complained, (said Mr. before the motion for the previous question was put. B.) of the majority's determination to bring this debate to After some remarks from Mr. HARDIN, Mr. CHIL- a close; he thought this complaint wholly unfounded TON withdrew his appeal. Who, he asked, was most responsible for this protracted Mr. J. Q. ADAMS renewed the appeal: he thought, discussion? Who would be censured for the evil cons he said, that the decision of the Chair was incorrect. It quences which had, and would continue to grow out of it appeared to him that if there was ever an occasion for The friends of the administration, no doubt. Yes, sir, the the presence of all the members, it was precisely when very party that now is opposed to the termination of the the previous question was demanded. The decision of already too protracted and perplexing question, will he the Speaker rested on the technical construction of the the first to cry out, in voices of bitterest censure, against rule, and he thought it ought to be reversed. so much time of the House to be consumed, at such enc the majority in favor of the administration having suffered mous expense to the country, in idle and profitless dr bate; that they had the power to put a stop to Mr. CHILTON appealed from the decision of the Chair on the question of order, and he argued at some length to prove that a call of the House could be required at any time. The SPEAKER went fully into the grounds of his decision, stated that the practice of the House had not been uniform, and expressed a wish that the House would now solemnly settle the question. The SPEAKER said that he was never more satisfied with the correctness of a decision than that which he had now given. He was perfectly satisfied that it was cor rect, according to the rules and usages of the House. ever they might have thought proper. He thought cour tesy at this time required immediate action on the subject. Indeed, gentlemen of the opposition had so declared themselves, again and again. Mr. B. was proceeding to show that the present excitement in the country was owing more to the incertitude of the action of the House on the subject than to the simple act of the removal of the deposites, when the debate was arrested by the Speaker's informing Mr. B. that the merits of the question could not be gone into on the motion for a call of the House. Mr. WILLIAMS believed that a call of the House was at all times in order, as it was preliminary to, and necessary to, all other questions. He would move a call of the House before the question on the appeal was taken. The SPEAKER decided that this motion was not in order. Mr. WAYNE considered, as the House was not in possession of the motion for the previous question, the call of the House was then in order. Mr. REED said that the very seconding of the question was the decision of the House, and which must ultimately affect the question. He hoped that the decision made by the Speaker would be reversed. Mr. BURGES deemed the continuance of the present question in debate as one of the most important questions that ever had been presented The SPEAKER called to order. Mr. BURGES continued, and said he desired, therefore, to have a full expression of the representative voice, that the fetters of tyranny should not be riveted, so as that, on this great question, hereafter no man could say, in excuse, that he was not here to vote upon it. [H. OF R. Mr. CHILTON then moved a call of the House, which was lost. The questionbeing, Shall the main question be now put? the yeas and nays were ordered. Mr. BURGES moved that the House do now adjourn, and thereupon asked the yeas and nays, which were ordered. The question being then taken on the motion for ad. journment, it was decided in the negative, yeas 84, nays 142, as follows: YEAS.-Messrs. J. Q. Adams, Heman Allen, C. Allan, Banks, Barber, Barnitz, Barringer, Bates, Beaty, James M. Bell, Binney, Briggs, Bull, Burd, Burges, Chambers, Chilton, Choate, Claiborne, William Clark, Clayton, Clowney, Coulter, Crane, Crockett, Darlington, W. R. Davis, Amos Davis, Davenport, Deberry, Deming, Denny, Dennis, Dickson, Evans, Edward Everett, Horace Everett, Felder, Foot, Foster, Fulton, Gamble, Gholson, Gordon, Gorham, Grayson, Grennell, Griffin, Hiland Hall, Hard, Hardin, James Harper, Hazeltine, Heath, Jabez W. Huntington, W. C. Jolinson, Lewis, Martindale, Marshall, McComas, McKennan, Mercer, Milligan, Moore, Pinckney, Potts, Reed, Selden, William B. Shepard, William Slade, Sloane, Spangler, William P. Taylor, P. Thomas, Tompkins, Tweedy, Vance, Vinton, Watmough, E. D. White, Frederick Whittlesey, Williams, Wilson, and Young.-84. NAYS.-Messrs. John Adams, John J. Allen, William Allen, Archer, Baylies, Beale, Bean, Beardsley, Beaumont, John Bell, James Blair, John Blair, Bockee, Bodle, Boon, Brown, Bunch, Burns, Bynum, Cage, Cambreleng, Carmichael, Carr, Casey, Chaney, Chinn, S. Clark, Clay, Coffee, Connor, Cramer, Day, Philemon Dickerson, David Mr. BEARDSLEY said he would not debate the merits W. Dickinson, Duncan, Dunlap, Ewing, Fillmore, Fores of the question, but he meant to call the attention of the ter, Fowler, P. C. Fuller, W. K. Fuller, Galbraith, GilHouse to what had been its practice on former occasions; let, Gilmer, Graham, Joseph Hall, T. H. Hall, Halsey, and, in doing so, he could not help adverting to the for- Hamer, Hannegan, Joseph M. Harper, Harrison, Hathaway mer vote given by the honorable member from Rhode Hawkins, Hawes, Henderson, Hiester, Howell, Hubbard, Island, two years ago, upon an occasion which that hon- Abel Huntington, Inge, Jarvis, Richard M. Johnson, Noaorable member must well recollect. Notwithstanding diah Johnson, Cave Johnson, Seaborn Jones, Benjamin the horror which he now expresses against the call for Jones, Kavanagh, King, Kinnard, Lane, Lansing, Laporte, the previous question, he had twice concurred in such a Lawrence, George W. Lay, Luke Lea, Leavitt, Love, call on one and the same day, to carry through the ques. Loyall, Lucas, Lyon, Lytle, Abijah Mann, Joel K. Mann, tion of rechartering the Bank of the United States: then, Mardis, Moses Mason, John Y. Mason, McCarty, McIntire, there was not a word from him as to tyranny. If the pres-McKay, McKim, McKinley, McLene, McVean, Miller, ent call was tyranny, what, he asked, was the conduct of those acting, then, with him? The SPEAKER rose to order. Henry Mitchell, Robert Mitchell, Muhlenberg, Murphy, Osgood, Page, Parks, Parker, Patton, Patterson, Dutee J. Pearce, Peyton, Franklin Pierce, Pierson, Plummer, Polk, Pope, Ramsay, Rencher, Schenck, Schley, Augustine H. Shepperd, Shinn, Charles Slade, Smith, Speight, Mr. ADAMS said it was his intention to have asked the Standifer, Stoddert, Sutherland, William Taylor, Francis member from Pennsylvania [Mr. MUHLENBERG] to with-Thomas, Thomson, Turner, Turrill, Vanderpoel, Van draw his motion for the previous question, that he might Houten, Wagener, Ward, Wardwell, Wayne, Webster, have addressed a few remarks, not on the merits of this Whallon, Campbell P. White, Elisha Whittlesey, Wilde, question, but to show that the report of the Secretary and Wise.-142. ought not to be sent to the Committee of Ways and Means without the instructions moved by the member from South Carolina, [Mr. McDUFFIE;] but, as a similar favor had been refused to another member, he could not, with propriety, now make that request. He hoped, however, hereafter to have an opportunity of addressing the House on the abstract question; and feeling, then, unwilling to waste the time of the House, and, at the same time, desirous to avoid a decision upon what he feared would be a most pernicious precedent, he would withdraw his ap-breleng, Carmichael, Carr, Casey, Chaney, Samuel Clark, peal from the decision of the Chair. Mr. FOSTER, however, renewed the appeal. Mr. HARDIN remarked, he regretted to differ with his friends, but he must say that the call of the House was not in order after the previous question was moved. The House sustained the decision of the Chair by the following vote: 115 to 112. The question was then taken on the call for the previous question, and the call was seconded by the House, by a vote of 115 to 109. VOL. X.-172 Mr. CHILTON again moved a call of the House. The CHAIR decided that the motion was not in order, as the House had just decided against the motion. The yeas and nays were then taken on the question whether the main question should be now put, and it was decided in the affirmative, yeas 116, nays 112, as follows: YEAS.--Messrs. John Adams, W. Allen, Beale, Bean, Clay, Coffee, Connor, Cramer, Day, Dickerson, Dickinson, |