H. OF R.] Death of Mr. Mitchell.- -The Rules. [JUNE 29, 30, 1832. Davis, Denny, Ellsworth, E. Everett, H. Everett, Felder, but a short time since we were called on to pay the last Foster, Gordon, Grennell, Griffin, Hodges, Hughes, melancholy tribute of respect, and to follow to the tomb Huntington, Jarvis, Kendall, Henry King, Lamar, Lewis, the remains of one of our body, who was suddenly cut off Robert McCoy, McDuffie, McKay, McKennan, Milligan, in the meridian of his usefulness, and now we find our Newnan, Nuckolls, Patton, Pearce, Pendleton, Pitcher, ranks again broken. These events force one reflection Potts, Rencher, Slade, Stewart, Storrs, Sutherland, W. on my mind, which I crave leave to express. Whilst, in Thompson, Watmough, Edward D. White, Wickliffe, the performance of our duties, we are prescribing laws for Wilde.--65. others, we find ourselves the subjects of a system of other laws, which we had no share in enacting. Sir, there is no republic in the government of the Universe; and yet how absolute is the necessity, how absolute the obligation of obedience to the Deity, who, in his wisdom, has framed that code. I will not attempt now, or here, to portray the life or character of the deceased. The spontaneous Mr. DAVIS, of South Carolina, moved to amend the offer, on the part of the military authorities of the city, to amendment, by adding, "and to protect domestic manu-join in such testimonial of respect as the House may order, factures." sufficiently demonstrates that the name of MITCHELL is So the bill was passed. The question being then stated on the title of the bill, Mr. ADAMS moved to amend the title by striking out all after the word "act," and inserting, "to reduce the revenue of the United States collected by duties on im ports.' Mr. ADAMS at first accepted of this as a modification inscribed on the rolls of Fame. Whilst in the service of of his motion, but soon after withdrew his acceptance. his country, during the recent war, his brilliant defence of the fort of Oswego, with which he was entrusted, won the applause due to successful valor: returning from his military career, and embarking in all the turmoils of political life, he brought into this House a frankness of deport ment, unobtrusive efficiency, and such steady judgment, that I may with perfect safety assert that he won the friendship of those who knew him well, and obtained respect from all. Let us withdraw awhile from the cares which surround us here, and unite in paying the last tribute of re spect to his memory. In order that we may do so, I submit to you the following resolutions: Resolved, That the members of this House will attend the funeral of the late GEORGE E. MITCHELL, at five o'clock P. M. Mr. HALL, of North Carolina, said he was opposed to the amendment, but was glad that it afforded him an opportunity to place himself rectus in curia in regard to the vote he had given on the bill. He had never in his life given a tariff vote; he never should. In the present case, he had voted solely upon the principle of a reduction of taxes. This was consistent with the whole course he had pursued on the subject. Whenever the opportunity was presented of voting for a reduction of taxes, how ever great or small, if he thought the tax unnecessary, he had gone for the reduction. He had never in his life voted for laying on one cent; and, in the present case, when what he conceived to be a direct reduction of some millions was presented, he voted for it. This he felt bound to do in all cases where he could, without an infraction That a committee be appointed to take order for superinof principle, whatever the amount, great or small. This tending the funeral of GEORGE E. MITCHELL, deceased, was the course he had always pursued, which he should late a member of this House from the State of Maryland. continue to pursue until the taxes were reduced to the That the members of this House will testify their respect necessary wants of the Government. He repudiated al for his memory by wearing crape, &c. idea of compromise. No such idea entered into the com- It was then ordered that a message be sent to the Senate position of his vote. He had always, under all circum-to notify to them the death of Mr. M., and the hour that stances, voted against laying on; this was a direct vote to take off a portion of the burden. He felt in no way bound to alter his course from what it had always been; but felt himself at perfect liberty to use every fair exertion, here or elsewhere, still further to reduce the burdens of the people to the mere wants of the Government. He regretted that the reduction was not greater. One great objection to the bill was, that the reduction was not so great as, while it might somewhat reduce the taxes, it would probably not produce a correspondent reduction of the revenue, both of which he desired. Mr. E. EVERETT, dreading the further consumption of time in fruitless debate, moved the previous question; which was seconded-yeas 86, nays 68. The main question (on the title of the bill as reported) was then put, and carried. So the title, as it stood, was agreed to, and the bill sent to the Senate for concurrence. FRIDAY, JUNE 29. DEATH OF MR. MITCHELL. After the journal of the previous day's proceedings was read, Mr. HOWARD, of Maryland, rose, and thus addressed the House: Mr. Speaker, it has devolved upon me to communicate to the House the decease of GEORGE E. MITCHELL, one of the representatives for the State of Maryland. The infirm state of health in which he had been for a long time past, must have been apparent to every one, until at length the struggles between a naturally robust constitution, and an inveterate disease, are over, have terminated in his decease, and he now sleeps with his fathers. It is his funeral would take place. Mr. HOWARD, Mr. THOMPSON, of Georgia, Mr. BLAIR, of South Carolina, Mr. ALEXANDER, Mr. CARSON, Mr. DEARBORN, and Mr. WARD were named as the committee. After which, The House adjourned. SATURDAY, JUNE 30. THE RULES. Mr. SUTHERLAND, at the instance, he said, of Mr. VANCE, (whose State had been passed in calling for resolutions,) submitted the following resolution, which lies one day on the table for consideration, viz. Resolved, That the previous question may be moved on any amendment, or amendment of any amendment, of any bill, resolution, or motion, depending before the House; that when so expressly moved and seconded by a major:ty of the House, its effect, if sustained by a majority, shall be, simply, to terminate debate on the amendment, or the amendment of the amendment, to which it is applied, and to cause the question thereon to be immediately put: Pro vided, that, if the previous question on the bill, resolu tion, or motion, be, at the same time, moved and seconded by a majority of the House, it shall have priority: And provided, also, that a determination against the previous question on any amendment, or on any amendment of an amendment, in the original bill, resolution, or motion, shall not have the effect of postponing to another day the amendment, bill, resolution, or motion, but the same shall remain before the House, in the same state, as if the previous question had not been moved. Mr. WICKLIFFE moved that the House proceed to the consideration of the report from the Committee on DAY OF FASTING AND PRAYER. A joint resolution from the Senate, proposing that a committee of both Houses wait on the President of the United States, and request him to recommend a day for the observation of a general fast in reference to a deliverance from the impending judgment of a prevalence of the Asiatic cholera, coming up for consideration, [H. of R. solution itself. He thought the act which it proposed was one peculiarly pertaining to the various christian churches in our land, and did not belong to the Government at all. He was not aware that any such course had been pursued heretofore. The custom had obviously been derived from our English ancestors. It had long prevailed in England, and there it was proper enough, on the theory of their Government, in which the King was recognised as the head of the hierarchy. But nobody surely would attempt to assimilate the Government of our country, in this respect, to that of Great Britain. The President of the United States was not the head of the church. In some of the States this fast had been recommended by ecclesiastical authority. He understood that in Virginia the head of the Episcopal Church had acted on the subject. Mr. ARCHER moved to lay the resolution upon the table. He presumed there was no gentleman in that House who could believe that either the General or the State Governments had, as such, any thing to do with the sub- This was very proper, and he presumed the example ject of religion at all. The very nature of those Govern-would be followed in other States. But the Government, ments was sufficient to point this out, and the language as such, had nothing to do with the matter. There was of the constitution showed that such was the will of this another objection to the measure. It tended to increase alarm, and to give a solemn sanction to the fears of the people. This, instead of averting the calamity, would rather have an opposite tendency, inasmuch as it was generally held that a previous state of alarm constituted a great part of the danger. nation. On this motion Mr. WHITTLESEY demanded the yeas and nays. Being taken, they stood as follows: yeas 63, nays 104. So the House refused to lay the resolution upon the table. The question being on ordering it to a third reading, Mr. DEARBORN said that the gentleman from South Mr. ADAMS moved to amend the resolution by strik-Carolina had been incorrect in supposing that no such ing out the word "Asiatic," and inserting in lieu thereof course had been heretofore pursued. During the last the word "pestilential." He considered the custom of war, fasts had been repeatedly recommended by Congress, giving denomination to diseases from the countries whence and days of thanksgiving had been also recommended by they came, or where they were supposed to prevail, as Washington and Adams. very objectionable. This disease was confined to no part Mr. CRAIG denied that the resolution should be obof the world. It had prevailed, indeed, in Asia, but it jected to on any constitutional ground. It contained had likewise been but too prevalent over all Europe, and nothing obligatory. It did not pretend to bind any body. it threatened to become so in our own country. He re- Should the resolution pass, the President was free either peated that there was something offensive in naming it as to do it or not to do it, as he thought fit. And if he probelonging to any one particular country. Had this terri- claimed a day, the people were free to observe it or not, ble disorder originated in our own country, and should as they should think fit. It was entirely an extra official the people of Europe, when it came to them, denominate act, based upon no claim to authority, but founded on an it the "American scourge," he presumed that all Ameri-expression of the moral sense of the people. cans would feel a strong objection to such a title. It was Mr. CARSON thought that this matter might be arrestone of the most dreadful calamities that it had ever pleas-ed very suddenly by simply reading a letter from the Preed Divine Providence to inflict upon the human race. sident. For himself, he should make no professions of There was not, he believed, in all the records of history, a parallel to it to be found any where. Mr. BURGES thought that this disease ought to be designated by the name it had already received. It had been called in Europe the Asiatic cholera, and he saw no reason why that name should be changed. There was something in the character of such a calamity, which caused men to forget all origin. Nor did the term which had been objected to, involve in it any thing of reproach or reflections, or any thing like arrogating a superiority over others. It had been denominated Asiatic cholera chiefly with a view to distinguish it from a discase of a similar kind, but which was not epidemic--the ordinary cholera morbus, which had always been prevalent, more or less, during the hot season in this country. Whether the imported disease was "pestilential" or not, was a matter of controversy. Many denied it to be contagious at all, though should that House, by its act, pronounce it to be a pestilential disease, it might perhaps go far to settle the question. any love for prayer and fasting, and all that sort of thing. He thought the measure improper, and likely to end in no good purpose. The letter was not very long, and he considered it a very good letter. He requested that the letter might be read at the Clerk's table. [Cries of No! No!-Object!--We have all read it.] Mr. C. then said he should take the liberty of reading it himself. He then read in his place the reply of President Jackson to an application of the Synod of the Reformed Dutch Church, on the subject of a fast. Mr. KERR, strongly objecting to this debate, moved the previous question. The motion was seconded, the previous question put and carried, and the yeas and nays ordered on the main question, which was the third reading of the resolution, and was carried by the following vote: YEAS. Messrs. Adams, Chilton Allan, H. Allen, Anderson, Appleton, Armstrong, Arnold, Babcock, Banks, Barstow, Isaac C. Bates, John Blair, Branch, Briggs, John Brodhead, Bucher, Bullard, Burd, Burges, Lewis Condict, Silas Condit, Eleutheros Cooke, Bates Cooke, Cooper, Craig, Crane, Crawford, Creighton, Daniel, John Davis, Dearborn, Denny, Dewart, Doddridge, Ellsworth, George Evans, E. Everett, H. Everett, Fitzgerald, Ford, Grennell, William Hall, Hodges, Heister, Hughes, Huntington, thrie, Ingersoll, Irvin, Jenifer, R. M. Johnson, Kendall, Kennon, A. King, Kerr, Leavitt, Letcher, Mann, Marshall, McCarty, Robert McCoy, McKennan, Milligan, Muhlenberg, Newnan, Newton, Pearce, Pendleton, Mr. DAVIS, of South Carolina, was opposed to the re- Pitcher, Potts, Randolph, John Recd, Rencher, Russel, Mr. BATES, of Maine, agreed with Mr. ADAMS in the sentiment that it was improper to designate this terrible disease by the name of any country, and should consider it more appropriate to give it a name that should refer to the symptoms of the disorder itself. The term Asiatic did nothing towards characterizing the disease. He should prefer having it denominated "spasmodic." The question being taken on Mr. ADAMS's amendment, it was rejected. H. OF R.] Bank of the United States. [JUNE 30, 1832. Semmes, Augustine H. Shepperd, Smith, Southard, "That it shall not be lawful for the president and diSpence, Stanberry, Standifer, Stephens, Storrs, Suther- rectors of the said bank to establish any new or additional land, Taylor, Philemon Thomas, John Thomson, Tomp-branch bank in any State, unless upon the application kins, Tracy, Vance, Vinton, Wardwell, Washington, of the Legislature of said State, or upon the applicaWatmough, Wilkin, Elisha Whittlesey, Edward D. White, tion of the Secretary of the Treasury of the United Williams, Young.--99. States for the time being, in which application, if made by the Secretary of the Treasury, it shall be stated that he believes the establishment of such additional or new branch bank to be essential and necessary, to enable the Treasury Department the better to manage the fiscal concerns of the Federal Government.” NAYS.--Messrs. Alexander, R. Allen, Archer, J. S. Barbour, Barnwell, J. Bates, Beardsley, Bergen, Bethune, James Blair, Bouck, Bouldin, Cambreleng, Carr, Carson, Chandler, Chinn, Claiborne, Clay, Clayton, Coke, Coulter, Davenport, Warren R. Davis, Dayan, Doubleday, Drayton, Foster, Gordon, Griffin, Thomas H. Hall, Hawkins, Hoffman, Horn, Hubbard, Isacks, Cave Johnson, John King, Lamar, Lansing, Lecompte, Lewis, Mardis, Mason, McIntire, McKay, Thomas R. Mitchell, Nuckolls, Pierson, Plummer, Polk, Edward C. Reed, Roane, Root, Soule, Speight, Verplanck, Ward, Wayne, Campbell P. White, Wickliffe, Worthington.--62. BANK OF THE UNITED STATES. But afterwards consented to withdraw it, at the request of Mr. CLAYTON, who moved that the bill should be referred to the Committee of the Whole on the state of the Union, and set down as the order of the day for Monday next. Mr. C. considered this as the most important bill before Congress; and should his motion not prevail, it would be the first bill from the Senate which had not gone to some committee or other. The object would then become apparent, and could be none other than to The bill from the Senate to renew the charter of preclude all discussion. the Bank of the United States, now coming up for consideration, Mr. WICKLIFFE offered the following amend ment: "That it shall not be lawful for the president and directors of the said bank to establish any new or additional branch bank in any State, unless upon the application of the Legislature of said State, or upon the application of the Secretary of the Treasury of the United States for the time being." Mr. MERCER opposed the motion, as tending to delay and embarrass the proceedings of the House, without accomplishing any good purpose. They would have to go out of committee again and again, for want of a quorum. Mr. TAYLOR said that if the rejection of this motion would operate to deprive gentlemen of the opportunity of offering amendments, and of recording their votes upon them, he should concur in the opinion that the question was a very important one. But as such would not Mr. WAYNE opposed the amendment as containing no be the case, he could not consent, at this late period of guard against the unlimited privilege of establishing as the session, to go into committee for the sake of having many branches as the bank and the Government might interminable speeches, to which nobody listened, and agree to desire. He objected to recognising any such con- which would have no influence whatever on the votes nexion between the Government and the bank as would of any one. He thought that if there was a majority in be implied by such a resolution. If the gentleman meant favor of passing the bill at this session, they owed it to his amendment in good faith, let him modify it so that if themselves to keep the bill in the House, and within the necessity for any one of the branches of the bank their own control, so that they might exercise their judg should cease, the bank should be required to withdraw it. ment as to the length to which the debate should exMr. IRVIN considered the amendment as of a most im-tend. A full opportunity would no doubt be given to the portant character; and should it succeed, friendly as he offering of all amendments which gentlemen might wish was to the bank, he should be compelled to vote against to try. the bill. The effect of the amendment would be to em- Mr. WAYNE thought that the argument of the genpower the bank to establish as many branches as it might tleman from Virginia [Mr. MERCER] implied a severe please, and all these would be saddled upon the States. satire upon the House. It was true that on the tariff The Legislature of any State might invite the establish the committee had sometimes been obliged to rise for ment of them; or, what was still worse, the Secretary of the want of a quorum. But the tariff was a matter of mere Treasury would be enabled to send as many of them as he sectional interests, while the bank was a question more pleased into whatever State he might think proper. Mr. simple and more general. It was generally understood I. would never place such a power in the hands of any one that the House would not adjourn before the 16th of man. He was willing that there should be a sufficient July, and the bill might be got out of committee in two or number of branches to carry on the fiscal concerns of the three days. Government, but not that they should be placed beside Mr. McDUFFIE observed that it must be obvious to the State Banks, to put down State capital, which was all that the Congress would not adjourn until this bill had now highly useful to the community. They of the West been disposed of; and the only effect of committing the were now happily free from those great and sudden fluc- bill would be to protract the session for a week longer. tuations which took place upon the seaboard. But, let And for what reason? To give opportunity for amend that amendment prevail, and work out its natural results, ments? They could be offered as well in the House as in and those fluctuations would soon affect the remotest parts committee. To have long speeches? They too could of the interior. And they would be the first to be fleeced, be had in the House. He referred to the lateness of the in order to make up the deficiencies which took place in session, and urged the rejection of the motion. the Atlantic cities. In the part of the country where he Mr. ARCHER said it was very immaterial to him lived, it was important that there should be local State in-whether this bill should be committed or not, as he knew stitutions, as well as branches of the United States' Bank. full well that there was in that House a dominant majority Should any of these institutions become unacceptable who had predetermined to pass it. [Here there were to the Bank of the United States, all that the president several cries of order.] Mr. A. said he meant nothing and directors would have to do would be to place by their offensive. He did not doubt that the motives of gentleside one of the branches, whose superior advantages men were perfectly good. They thought that the bill would immediately put down the other banks. So long would be for the good of the country. The gentleas this could be done, what capitalist would invest his man from South Carolina [Mr. McDUFFIE] had asked for fund under such a risk? some reason why the House should go into committee. Mr. WICKLIFFE now modified his amendment so as He would give the gentleman a very good reason. The to read as follows: rules of the House prescribed that a bill appropriating JUNE 30, 1832.] Bank of the United States. [H. of R. but five dollars should not be put upon its passage until sure the House that he had no intention to discuss either it should first have gone through a committee. But here the amendment or the bill. He hoped he had said nowas a bill, not to appropriate five dollars, or five thou-thing to the gentleman which involved any thing like insand, or five hundred thousand, but a bill to create a mint; decorum, or ill nature, or personality. Here, however, and it was proper to show to the people that they had the House had a specimen of the gentleman's urbanity. not consented to pass such a bill without endeavoring to The gentleman had been there not quite one session, yet, avail themselves of all the forms of the House which to do him justice, he did not appear much at a loss from might tend to prevent it. the diffidence of a new member. What Mr. J. had said Mr. R. M. JOHNSON said that nothing could be more about the eloquence of Cicero and Demosthenes, he had evident than that they should not adjourn till they had not said in derision, but quite in earnest, and he included got a vote on this bill. If there was a majority determined his worthy friend in the number of those to whom the reto recharter the bank, it was not to be expected that mark applied. He should be extremely sorry to be dethey would give way any more than they had done in re- prived of the speeches the honorable gentleman might ference to the tariff. He would vote upon a question of make. But he thought that their paramount duty to indefinite postponement, or he was ready to vote on the themselves and their constituents forbade the idea of their previous question. But his duty to his country would going into committee, however they might be tempted to not permit him to vote for a commitment of the bill. He, do so. He was willing to sit as long as any body else, for one, was not convinced that it would be any blessing but his duty to his country would induce him to deprive to the nation that members of that House should have his worthy friend of the opportunity of making any speech one, two, three, four, five, six, seven, eight, nine, ten, which should further prolong this session. If there was weeks to discuss this question, as they had discussed the any thing in life which Mr. J. valued, it was that he might tariff; for fear the people should not understand it. While not appear to himself to contradict himself. He did not the strongest men of that House, ay, and of that nation, know how the gentleman could possibly have tortured were entertaining them with a flow of oratory, such as any thing he said into a declaration that he both could would not disgrace Cicero or Demosthenes, so competent hear and could not hear the eloquent speeches which were did some of the silent members of the House feel to make delivered. There certainly had been times when he could up a judgment, that they left the House, went to the hear, although there were others when he could not. offices-went to their lodgings-walked about the House, For instance, when his worthy friend had been addressing walked any where but into that Hall; and when for a little the committee in those bursts of eloquence to which he while they did enter it, there was generally such a noise, had alluded, there had not been thirty members present that when, for variety's sake, he had wanted for a little to hear him. While the gentleman was speaking, he had while to hear some of the splendid bursts of eloquence, looked round to see if there was a single human being he had literally been unable to hear distinctly a single word. It was not a blessing to the country to repeat such a scene, after Congress had been in session almost eight months. He was ready to vote on any other proposition, but could not consent to commit the bill. Mr. CLAYTON said, that however anxious he might be to speak upon this bill, he thought he could promise the gentleman from Kentucky not to make a speech of thirteen points upon nothing. Mr. JOHNSON replied that his friend had actually made a speech of twenty-one points upon little more. listening. He had seldom found more than one, never more than three, out of a House of upwards of two hundred members. When a subject was already understood, however convenient it might be for gentlemen to use that House as a medium through which to speak to their constituents, they must really excuse him from voting to furnish them with the opportunity. The debate was further continued by Messrs. MITCHELL, MERCER, WAYNE, JENIFER, and SPEIGHT; the last of which gentlemen concluded by moving to postpone the further consideration of the bill until the first Monday of December next, on which question he demanded the yeas and nays. Mr. CLAYTON resumed. The gentleman had pronounced some of the speeches delivered on the tariff to be equal to the eloquence of Cicero and Demosthenes, Mr. CRAIG said he wished further time to become while, at the same time, he had informed the House that acquainted with the sentiments of his constituents. he had not been able to hear a single word of them. The Mr. R. ALLEN inquired whether a postponement to gentleman should not put his words so close together. the first Monday of December was not equivalent to a The gentleman was opposed to having this most import-motion for indefinite postponement. The question was then taken on postponing the bill, and decided by yeas and nays as follows: ant question discussed, because, forsooth, he was tired The CHAIR replied in the negative, inasmuch as the of hearing long speeches. The chief argument against House might continue to sit until that day. the commitment of the bill had been the delay it would produce, and yet gentlemen had said that all the amendments might be offered, and all the speeches delivered YEAS. Messrs. Alexander, Robert Allen, Anderson, in the House which could be in committee. If so, why Archer, Barnwell, James Bates, Beardsley, Bell, Bergen, would there be any greater delay from the commitment Bethune, James Blair, John Blair, Bouck, Bouldin, John of the bill? If gentlemen were really candid in what they Brodhead, Cambreleng, Carr, Chandler, Chinn, Claiborne, said, their objection had no force. But if, as he presum- Clay, Clayton, Coke, Conner, Craig, Davenport, Dayan, ed, the plan was to bring down upon them that instru- Doubleday, Foster, Gaither, Gordon, Griffin, T. H. Hall, ment by which all debate was to be cut off, let the friends W. Hall, Harper, Hawkins, Hoffman, Holland, Horn, of the bill avow it at once, and he, for one, would shut Hubbard, Jarvis, R. M. Johnson, Cave Johnson, Kavahis mouth. Why were bills ever committed, but that they nagh, Kennon, A. King, J. King, Lansing, Leavitt, Lemight undergo a fuller examination? This, surely, was compte, Lyon, Mason, Mann, McCarty, McIntire, McKay, a bill which demanded the closest scrutiny. What subject T. R. Mitchell, Newnan, Pierson, Plummer, Polk, Edcould demand it more? But, if the motion was to be re-ward C. Reed, Roane, Soule, Speight, Standifer, Francis jected, and he was to be cut off by the previous question Thomas, J. Thomson, Ward, Wardwell, Wayne, Wheeler, whenever an impatient majority might choose to apply it, Campbell P. White, Worthington.-75. he should not enter upon the discussion. Mr. JOHNSON said he understood the gentleman as imputing to him a self-contradiction. He had made no offensive imputation with regard to that gentleman. He had, however, understood the worthy gentleman to as NAYS.--Messrs. Adams, Chilton Allan, H. Allen, Appleton, Armstrong, Arnold, Babcock, Banks, John S. Barbour, Barringer, Barstow, Boon, Branch, Briggs, Bucher, Bullard, Burd, Burges, Choate, Collier, Lewis Condict, Silas Condit, Bates Cooke, Cooper, Corwin, 3839 H. OF R.] The Rules.--Bank of the United States. [JULY 2, 1832. Mr. POLK declined, as he did not wish to have useless discussion. Mr. VANCE demanded the yeas and nays; after a few remarks from Messrs. CONDICT and WICKLIFFE, The motion of Mr. POLK to lay the resolution on the table was negatived-yeas 58, nays 113. Coulter, Crane, Crawford, Creighton, Daniel, J. Davis, The question was then taken on committing the bill, and decided in the negative by yeas and nays as follows: yeas 72, nays 112. Mr. McDUFFIE thereupon moved an amendment to the bill, in the form of a proviso, that nothing therein contained should prevent the bank from retaining its branches as at present established. Mr. ROOT objected to that section of the bill which restrains the number of branches in each State to two, and moved to strike out that section. The motion was pronounced to be not in order at this time. Mr. WAYNE moved to amend the amendment of Mr. MCDUFFIE, by adding to it a clause to this effect: "If the Legislatures of those States in which the branches are situated respectively, shall, before the 10th of April, 1836, signify their assent that those branches should be retained Mr. HOFFMAN opposed at length any alteration in the BANK OF THE UNITED STATES. The House resumed the consideration of the bill to recharter the United States' Bank. The question recurring on the amendment proposed by Mr. WARDWELL, of New York, to give to the several States the power of taxing the capital employed therein, As to run Mr. W. explained, and advocated his amendment at considerable length. He had presented a number of petitions from his district for the recharter of the bank, but in every one of them it was made a condition that the new charter should contain a clause empowering the States to tax bank capital within their respective limits; and he believ ed that, could the question be submitted to the whole people of the United States whether the States should have such a power, nine out of ten would answer in the affirmative. Why no such clause had been inserted in the existing charter, he was unable to divine. ning a parallel between this case and that of the General Post Office and its branches, if there was any force in the argument, let it be carried fully out; let fees and salaries After further debate, in which Messrs. ROOT, WAYNE, be given by the Government to all the subordinate offiand SPEIGHT took part, Mr. RooT and Mr. SPEIGHT cers of the establishment, and then the people would be better able to see and judge whether there was a necesHe believed that if the opposing, and Mr. WAYNE defending the amendment, The question was taken, and the amendment rejected.sity for such an establishment. Mr. BEARDSLEY then proposed to add an amend-powers of the bank should not be curtailed at the present ment, to the following effect: "If the Secretary of the session, it would be out of the power of any future ConTreasury shall, before the 10th of April, 1836, certify gress to resist the overwhelming influence of so gigantic that the branches, as now established, are necessary to an institution, nor could a President of the United States the transaction of the public business of the United States." ever be hereafter elected but with its approbation. He The amendment having been explained, and advocated by the mover, the question was taken, and decided by yeas and nays as follows: yeas 67, nays 112. within their limits." Mr. WARDWELL now moved an amendment making the recharter conditional on the States having power to tax the branches of the bank; but, before any discussion took place, The House adjourned. MONDAY, JULY 2. THE RULES. The House proceeded to the consideration of the resolution moved by Mr. SUTHERLAND, providing that the previous question should not, when ordered by the House upon any amendment, apply to cut off other amendments previously made, &c. Mr. POLK remarked that the lateness of the session made it inexpedient to change any of the rules by which the House had hitherto been governed. He moved to lay the resolution on the table. Mr. McDUFFIE thought this was so important an improvement to the parliamentary practice of the House, that he was perfectly astonished it had not been sooner suggested; by the rule, as it now stood, the House could not move the previous question upon any one objectionable amendment, without thereby cutting off other amendments which, they might not desire to have cut off. other words, they were often compelled to do that which they did not wish to do. In Mr. SUTHERLAND requested Mr. POLK to withdraw his motion, to enable him to offer a few remarks. admitted the propriety of establishing branches of the bank at points where it was necessary for the collection and safety of the public revenues; but insisted that if they should be placed where no such necessity existed, and where they came in competition with State banks of far weaker power, it was no more than fair that they should be subject to the same taxation with such banks. Nothing could be more unjust, nothing could effect greater inequality than the exemption of all this capital from taxation. He concluded by demanding the yeas and nays; which were ordered. Mr. ROOT inquired of the Chair whether a proviso could be offered as an amendment to an amendment. It was itself a substantive proposition, and was not connected with the subject of the branches of the bank, to which subject the section and previous amendment referred. The CHAIR replied, the amendment of the gentle. man from New York to the amendment is perfectly in order. An amendment may be made so as totally to alter the nature of the original proposition. If the amendment proposed is inconsistent with one agreed to, or the original proposition, it is a ground for its rejection by the House, but not within the competence of the Chair to suppress as against order. Questions of consistence are for the decision of the House, and not the Chair, and the proposition for amendment is therefore in order. The decision was acquiesced in by the House. Mr. ELLSWORTH observed that under the existing charter the property of individuals in the Bank of the United States could be taxed, just as their property in any |