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SENATE.]

Trial of Judge Peck.

[JAN. 24 to 28, 1831.

THURSDAY, JANUARY 27.

terity that of Sir Walter Raleigh or Sir Edward Coke? | causes not pending in court, were misdemeanors, which He had the pleasure of a personal acquaintance with the could only be punished by indictment and trial, and that honorable manager; he well knew that unkindness and the conduct of Judge Peck tended to break down all the barbarity were far removed from his heart. What, then, securities and guards which the law had raised for the probut some unaccountable prejudice could have induced tection of the liberties of the American people. these remarks? They had gone to the world. It would Before he concluded, the court adjourned. be a long time before this trial would go before the world, to correct the impressions which the representations of honorable managers had made. He had, therefore, been Mr. CLAYTON, from the Committee appointed to inanxious to show that the respondent was not the judicial vestigate the present condition of the Post Office Departmonster that he was charged with being; that he had not ment, offered the following resolution, observing that the violated the liberty of the press; that he had not attempt- committee were unanimously of the opinion, that, in order ed to buy off this impeachment; that he was amiable, to prosecute that investigation with effect, it was necessapatient, and forbearing, both as a man and a judge, and ry that they should be empowered to send for persons and that the epithets applied to him had been the effect of prejudice, of heated and perverted imaginations, having no foundation in fact.

Mr. WIRT was proceeding to consider the merits of the case; when, at the suggestion of Mr. WEBSTER, the court adjourned.

MONDAY, JANUARY 24.

papers.

Resolved, That the Select Committee appointed to exDepartment have power to send for persons and papers. amine and report the present condition of the Post Office

Mr. CLAYTON moved the second reading and adoption of the resolution at this time; but this motion requiring the unanimous assent of the Senate for its passage, and Mr. BENTON objecting to it, the resolution lies on the

The Senate having again resolved itself into a Court of table one day. Impeachment,

Mr. McDUFFIE rose and said, that in consequence of

Mr. LIVINGSTON submitted the following resolution: Resolved, That the Committee on Finance be instructed a remark of Mr. WIRT yesterday, he felt himself called to inquire into the expediency of making further proviupon to say, in substance, that the publication of his re-sion for the support of Africans captured by vessels of the marks, in opening the case against Judge Peck, had been United States, and brought into the United States. made without his authority; that the report of these remarks must have appeared evidently imperfect, though probably as perfect as, under the circumstances, it could have been; and that, if he had been consulted, he should have advised against the publication.

TRIAL OF JUDGE PECK.

The Senate then again resolved itself into a Court of Impeachment.

Mr. STORRS concluded his argument in support of the impeachment. Its sequel was peculiarly impressive and Mr. WIRT acceded to the correctness of these sugges eloquent. One sentiment uttered by the honorable mantions, and appeared to do so the more readily from the ager is especially worthy of record. He said the best fact that he had seen his own remarks, made on Saturday, support of the judiciary was to be found in the affections published this morning, without his having been consulted of the people. The people would be true to the judiciary on the subject. He added, that he was sure that nothing as long as they were true to themselves. The judiciary had been said by the honorable manager in his opening would find protection with the people, and in their legisspeech, of the truth of which he had not been entirely lative halls, until they should become so debased as to be satisfied.

TUESDAY, JANUARY 25.

The Senate again resolved itself into a High Court of Impeachment.

unworthy of protection. It was not by the usurpation of an unlawful and tyrannical power, nor by the exercise of an unlawful jurisdiction, that they could expect their independence to be respected or preserved; and he seemed to press this point so far as to think that the character, utility, and fate of the judicial branch of the Government depend ed upon the decision of this case.

The court and Senate adjourned.

FRIDAY JANUARY 28.

Mr. WIRT occupied four hours in concluding his speech for the respondent. Wit, sarcasm, searching argument, and impressive eloquence, poured forth in streams, riveted the attention and elicited the admiration of a crowded Senate-room and crowded galleries during that long space of time. Whatever might be the fate of the respondent, The resolutions submitted yesterday by Mr. CLAYTON, said the graceful orator, in subdued and almost exhausted and Mr. LIVINGSTON, were severally taken up and tones; whether convicted or acquitted, he should always adopted. be proud to take him by the hand as that noblest of God's works, AN HONEST MAN, and to call him HIS FRIEND. The ourt cand Senate then adjourned.

WEDNESDAY, JANUARY 26.

After the consideration of a number of private bills, &c. the Senate again resolved itself into a Court of Impeachment.

TRIAL OF JUDGE PECK.

The Senate again resolved itself into a High Court of Impeachment.

Mr. WIRT, with permission, explained a remark which he was understood to have made towards the conclusion of his argument in favor of the respondent.

Mr. BUCHANAN then rose, and addressed the court in an able argument in support of the impeachment. He Mr. STORRS rose and addressed the Court in support declared, that the usurpation of an authority not legally of the impeachment, for upwards of three hours. He possessed by a judge, or the manifest abuse of a power maintained the position, that no free citizen could be pun- really given, was a misbehavior in the sense of the conished by the summary process of attachment for a libel or stitution, for which he should be dismissed from office. contempt against any court in a cause not pending in that He contended, that the conduct of Judge Peck, in the case court; that such a power had never been exercised, even of Mr. Lawless, was in express violation of the constituby the courts of England; that the charge against Judge tion and the laws of the land; that the circumstances of Peck was not so much for suspending Mr. Lawless, as an that case were amply sufficient to show a criminal intenattorney, from practice in his court, but for imprisoning tion on his part in the summary punishment of Mr. Lawhim, and depriving him of his liberty as a citizen, without less; that, in order to prove the criminality of his intention, indictment and trial by jury; that libels or contempts, for it was not necessary to demonstrate an actually malicious

JAN. 29, 1831.]

Duty on Iron.

[SENATE.

action, or a lurking revenge; that the infliction upon Mr. Mr. WOODBURY admitted the fact, that the subject of Lawless of a summary and cruel punishment, for having the memorial related immediately to manufactures, and to written an article decorous in its language, was itself suf- manufactures the most important to the country; but they ficient to prove the badness of the motive; that the conse- were directly concerned with commerce, and, in the end, quences of the judge's actions were indicative of his in- were vitally interesting to it. The memorial should then tentions; that our courts had no right to punish, as for go to that distinct committee. The gentleman from New contempts, in a summary mode, libels, even in pending Jersey had made an allusion to the memorial, praying for causes; and that, if he succeeded, as he believed he should, a drawback on nails. He had and still thought that that in establishing these positions, he should consider that he memorial had been very properly referred to the Commithad a right to demand the judgment of the court against tee on Commerce; not that nails were not manufactures, the respondent. The honorable manager continued to but because the object of the memorial was for the beneaddress the court for three hours and a quarter; and find- fit of the commercial interest. Suppose, [said Mr. W.] ing that he could not conclude his argument at this sitting, the memorial related to the manufacture of cannon and the court adjourned till to-morrow. gunpowder, would it not be more appropriately referred to the Military Committee than the Committee on Manufactures?

SATURDAY, JANUARY 29.

DUTY ON IRON.

The VICE PRESIDENT communicated a memorial from the mechanics and others, workers in iron, of the city and county of Philadelphia, praying for a reduction of the duties upon imported iron. It was referred to the Select Committee, to whom a former memorial on the same subject was committed.

Mr. DICKERSON said he could explain the reasons which induced him to wish this subject referred to the Committee on Manufactures. It was becoming the practice of late, whenever a petition was presented to the Senate praying for the repeal or reduction of duties on iron, on woollens, or almost any other article, it was immediately sent to the Committee on Commerce, thus tending to throw the weight of these interests into the The VICE PRESIDENT also communicated a memo- hands of the merchants of the country, to the exclusion rial from sundry inhabitants of New Jersey, praying a of a fair representation of the views of the manufacdrawback of the duties on iron, and other articles employ-turers. If we take the view of the gentleman from New ed in the building of American ships.

Mr. DICKERSON moved the reference of this paper to the Committee on Manufactures.

Mr. HAYNE suggested that it more appropriately belonged to the Committee on Commerce; and he made a motion accordingly.

The question being first taken on the reference to the Committee on Manufactures, there appeared ayes 12,

noes 10.

There being no quorum voting,

Mr. WOODBURY called for the reading of the memorial; which being done,

Mr. HAYNE said he still thought the Committee of Commerce to be the proper direction for this memorial. It referred to drawbacks on various articles, and this consideration would induce him to adhere to his motion, to refer it to that committee.

New Hampshire, [said Mr. D.,] the Committee on
Manufactures will soon be a mere nominal com-
mittee, shorn of its influence upon the action of
Congress.

Mr. KING observed, that he had been under the imUnited States to give to every subject presented to them pression that it was the object of the Congress of the by our fellow-citizens such a consideration as would induce them to believe that the investigation had been conducted with fairness and deliberation. Now, sir,

said he, if we refer this memorial to the committee on Manufactures-a committee confessedly hostile to its objects, will it be believed by the memorialists that their liberate examination? By our sending it to that commitviews and arguments had met with fair, candid, and detee, they cannot think otherwise than that we have preMr. DICKERSON said the first motion was on referring judged their case, and decided against it without giving the memorial to the Committee on Manufactures. It it the slightest consideration. deeply involved the interests of one of the most important Mr. K. would not enlarge on this view of the subject; manufactures in the country, ship building, which, though he would only leave it to the gentleman from New Jerultimately looking to the commercial, yet was as vitally sey, whether he believed that any report of the commitinteresting to the manufacturing concerns of the country. tee, over which he presided, would be favorable to the A memorial praying for a drawback on nails, had been memorial, if, indeed, they reported at all. referred to the Committee on Commerce, although the this time entering into any argument, he would merely subject would more appropriately come under the cogni- express the hope that the memorial would be referred to zance of the Committee on Manufactures. such a committee as would satisfy the memorialists that the Senate was disposed to give to their views a fair and candid examination.

Mr. BENTON said, if he comprehended the views of the gentleman from New Jersey, he was hostile to the objects of the memorial; and, therefore, the committee over which he presided was not a fit tribunal to decide on its merits. Under that belief, he [Mr. B.] would invoke to his aid a rule of the Senate, which he had successfully done on a former occasion, providing that no bill or memorial should be committed to a committee hostile to it. As far back as our legislation had commenced, it had been the wholesome practice, except in a few instances, to refer all subjects to committees deemed favorably disposed to them, on the principle "that a child should not be put out to nurse to those who would strangle or destroy it, by refusing it sufficient nourishment." "Under the belief, then, that the Committee on Manufactures, over which the gentleman from New Jersey presided, was hostile to the prayer of the memorial, he hoped it would be referred to the Committee on Commerce, where it would meet with a more favorable consideration.

Without at

Mr. FOOT said he was somewhat surprised to hear it contended that this subject belonged exclusively to the Committee on Commerce. The memorial prayed for a drawback upon various articles, classed among the manufactures of the country. The practice of both Houses of Congress seemed, in any event, to forbid its being sent to the Committee on Commerce. If it were not referred to the Committee on Manufactures, it surely should rather go to the Committee on Finance.

Mr. WOODBURY said he wished to state, in illustration, one or two facts that had occurred to him, in consequence of the remarks of the gentleman from New Jersey. The memorial on the subject of a drawback on nails manufactured from imported iron, had first been referred to the Committee on Finance, and that committee had been discharged from its further consideration, and it had been sent to the Committee on Commerce; so

SENATE.]

Trial of Judge Peck.

[JAN. 29, 1831.

He was

that all the memorials on the subject of drawbacks were on Manufactures had pre-judged the question proposed now before the last named committee. The first appli- to be referred to it. This, as one of the members of the cation for a reduction of the duties on salt came from the committee, he felt bound to deny. He contended that agricultural interest of the country, and the subject had all the efforts of that committee had tended to the probeen referred to the Committee on Agriculture, who, motion of commerce as well as other interests. years since, reported the first bill for a reduction of the in favor of the reference of this memorial to the Comduties on that article. How was it at this session of Con-mittee on Manufactures, whom he believed would make gress? A bill to reduce the duty on a peculiar kind of a favorable report upon the prayer of the petitioners. blankets, manufactured for the use of the Indians, had Mr. WEBSTER said, that, if this was a mere question been referred to the Committee on Indian Affairs; be- to consider the expediency of allowing a drawback on cause the measure had been introduced for the purpose imported articles used in ship building, he should incline of relieving that branch of our trade from the burthens to the opinion of his colleague, that the most proper reunder which it labored, although, from the argument of ference would be to the Committee on Commerce. the gentleman from New Jersey, the Committee on Ma- should incline to think, also, that, in judging of the pronufactures would have been the most proper reference. priety of the reference of a subject to any particular This memorial, then, which looked solely to the reliev-committee, the Senate ought to be influenced more by ing of our commerce from its present state of depres- the purpose for which the committee had been created sion, ought, with equal justice, to be sent to that committee which had the subject under its peculiar care. Mr. SILSBEE said he conceived the Committee on Commerce most competent to decide upon the subject in question, and he hoped it would be submitted to that

committee.

He

than by the opinions of its members. This memorial [Mr. W. added] came from a State not much interested in ship building, and treated of matters unconnected with the subject of drawback. It had something to say in relation to internal improvements, and something to say with regard to the constitutional propriety of laying Mr. HAYNE observed, that the application of the protecting duties on imported articles. Now, as he (Mr. memorialists was for the purpose of relieving the ship- W.) wished to give to these other topics embraced in ping interest of the United States from embarrassments the memorial some little consideration, and as he had no of such a character as threatened its existence. It was desire to hear from the Committee on Commerce a report now, he said, proposed to refer the memorial to the Com- on the subject of internal improvements and the Amerimittee on Manufactures, over which the gentleman from can system, he would move to lay it on the table. New Jersey presided, who was confessedly hostile to all The memorial was then laid on the table: yeas, 19— its objects. Now, he would ask, would not such a re- nays, 17. ference be consigning it to the tomb of all the Capulets? Report after report had been made by that committee, all showing the utmost hostility to the interests whose protection was prayed for by the memorial, and yet the chairman of that committee wished it to be consigned to his care, for the purpose of crushing it at a blow. He would ask if it was right, reasonable, or proper, that this memorial should be consigned to a committee who had already predetermined to destroy it? The views of the gentleman in relation to iron manufactures and iron mines were well known; and, if the commerce of the country depended on him, God save the commerce! Mr. H. concluded by asking for the yeas and nays on the question.

TRIAL OF JUDGE PECK.

The Senate then again resolved itself into a Court of Impeachment.

Mr. BUCHANAN concluded his argument in support of the impeachment. He took the further position, that the publication of Mr. Lawless, under the signature of "A Citizen," could not, in a trial upon an indictment for libel, be established to be libellous, according to the constitution and laws of the land; that the paper was, on its face, perfectly harmless in itself; and that, so far as it went, it was not an unfair representation of the opinion of Judge Peck. The honorable manager critically and legally analyzed the nine last specifications in the publication, to establish these points. He then proceeded to sum Mr. DICKERSON said he had entertained no idea that up and descant upon the testimony produced in the case this memorial was to be sent to a committee who could before the Court of Impeachment, in order to show the make a final decision upon it. It was a new construction arbitrary and cruel conduct of Judge Peck; and, in a perto the powers of committees. If the Senate should not oration, marked by its ardent cloquence, he declared, concur in the report of a committee, they were not bound that if this man escaped, the declaration of a distinguished to accept it. A committee surely had no power to crush politician of this country, that the power of impeachment any thing-to conceal any thing-to destroy any thing was but the scarecrow of the constitution, would be fully Mr. D. said, he deemed it proper that the views of all verified; that when this trial commenced, he recoiled with parties should be fairly developed. He had no doubt horror from the idea of limiting, and rendering precarious the Committee on Commerce was fully competent to pass and dependent, the tenure of the judicial office, but that upon the memorial, but he conceived that there were the acquittal of the respondent would reconcile him to that other interests more directly involved in it. For his own evil, as one less than a hopeless and remediless submission part, he felt no ambition to have charge of this matter. to judicial usurpation and tyranny, at least so far as reMr. D. said he thanked the gentleman who last addressed spected the inferior courts. God forbid that the limitation the Senate for the allusion that delicacy should have pre-should ever be extended to the Supreme Court! Mercy vented him from asking that this subject should be re- to the respondent would be cruelty to the American peoferred to the committee of which he had the honor of ple. In the name, therefore, of the people of the United being chairman. Such a delicacy he might have felt States, whose liberties he had violated--in the name of the many years ago; but that time had long since gone by. judiciary, whose character he had injured and tarnished-His delicacy must now yield to his duty. he respectfully asked of this honorable court the conviction of the respondent.

Mr. BENTON read the rule of proceedings on the subject, and argued that no bill or memorial should be referred to a committee hostile to its objects.

Mr. KNIGHT said he would not have addressed the Senate on this subject, had it not been for the remark of an honorable Senator, [Mr. HAYNE,] that the Committee

The argument being concluded on both sides, on motion of Mr. WEBSTER, the court then resolved to meet again at 12 o'clock on Monday morning next, in order to proceed further in the consideration of this impeachment. Adjourned.

JAN. 31, FEB. 1, 2, 1831.]

Trial of Judge Peck.--Bank of the United States.
MONDAY, JAN. 31.

The Senate again resolved itself into a Court of Impeachment; and

The House of Representatives, with their managers, and the counsel for the respondent, having come into court, Mr. TAZEWELL moved the following resolution: Resolved, That this court will now pronounce judgment upon James H. Peck, Judge of the District Court of the United States for the District of Missouri.

Mr. TAZEWELL observed, that if there were one member of the court unprepared for a decision on this impeachment at this time, or preferred any other mode of proceeding to pronounce judgment, he would cheerfully withdraw the resolution.

WEDNESDAY, FEB. 2.

[SENATE.

BANK OF THE UNITED STATES. Mr. BENTON, in pursuance of notice given yesterday, rose to ask leave to introduce the following resolution:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the charter of the Bank of the United States ought not to be renewed.

Mr. BENTON commenced his speech in support of the application for the leave he was about to ask, with a justification of himself for bringing forward the question of renewal at this time, when the charter had still five years to run; and bottomed his vindication chiefly on the right he possessed, and the necessity he was under to answer cer

No objection having been made, the resolution was unan-tain reports of one of the committees of the Senate, imously adopted.

The names of the Senators were then called over by the Secretary.

The Secretary of the Senate, under the direction of the VICE-PRESIDENT, read the article of impeachment exhibited by the House of Representatives against James H. Peck, Judge of the District Court of the United States for the District of Missouri.

The VICE-PRESIDENT rose and said-SENATORS: You have heard the article of impeachment read: you have heard the evidence and the arguments for and against the respondent: when your names are called, you will rise from your seats, and distinctly pronounce whether he is guilty or not guilty, as charged by the House of Representatives.

made in opposition to certain resolutions relative to the bank, which he had submitted to the Senate at former sessions, and which reports he had not had an opportunity of answering. He said it had been his fortune, or chance, some three years ago, to submit a resolution in relation to the undrawn balances of public money in the hands of the bank, and to accompany it with some poor remarks of unfavorable implication to the future existence of that institution. My resolution [said Mr. B.] was referred to the Committee on Finance, who made a report decidedly adverse to all my views, and eminently favorable to the bank, both as a present and future institution. This report came in on the 13th of May, just fourteen days before the conclusion of a six months' session, when all was hurry and precipitation to terminate the business on hand, and when there was not the least chance to engage the attention of the Senate in the consideration of any new subject. The report was, therefore, laid upon the table unanswered, but was printed by order of the Senate, and that in extra numbers, and widely diffused over the country by means of the newspaper press. At the commencement of the next session, it being irregular to call for the consideration of the past report, I was under the necessity to begin anew, and accordingly submitted my resolution a second time, and that quite early in the session; say GUILTY.--Messrs. Barnard, Brown, Clayton, Dicker- on the first day of January. It was my wish and request son, Dudley, Ellis, Forsyth, Hayne, Iredell, Kane, King, that this resolution might be discussed in the Senate, but Livingston, M'Kinley, Poindexter, Robbins, Sanford, the sentiment of the majority was different, and a second Smith, of Mary land, Smith, of South Carolina, Troup, Ty-reference of it was made to the Finance Committee. A ler, Woodbury.--21.

The VICE-PRESIDENT then, in an audible voice, put the following question to each of the Senators in alphabetical order:

Mr. Senator

What say you: Is James H. Peck, Judge of the District Court of the United States for the District of Missouri, guilty or not guilty of the high misdemeanor charged in the article of impeachment exhibited against him by the House of Representatives?

Each Senator rose from his seat, as this question was propounded to him, and answered as follows:

NOT GUILTY.--Messrs. Barton, Bell, Burnet, Chase, Foot, Frelinghuysen, Grundy, Hendricks, Holmes, John ston, Knight, Marks, Naudain, Noble, Ruggles, Seymour, Silsbee, Sprague, Tazewell, Webster, White, Ruggles.

-22.

Mr. BENTON and Mr. ROBINSON were excused from vot. ing. Mr. BIBB, Mr. CHAMBERS, and Mr. RowAN were ab

sent.

second report of the same purport with the first was a matter of course; but what did not seem to me to be a matter of course was this; that this second report should not come in until the 20th day of February, just fourteen days again before the end of the session, for it was then the short session, and the Senate as much pinched as beNo answer fore for time to finish the business on hand. could be made to it, but the report was printed, with the former report appended to it; and thus, united like the The VICE PRESIDENT again rose, and observed-Siamese twins, and with the apparent, but not real sanction of the Senate, they went forth together to make the SENATORS: Twenty-one Senators having voted that the tour of the Union in the columns of the newspaper press. respondent is guilty, and twenty-two that he is not guilty; Thus, I was a second time out of court; a second time and two-thirds of the Senate not having voted for his con- non-suited for want of a replication, when there was no viction, it becomes the duty of the Chair to pronounce, time to file one. that James H. Peck, the Judge of the District Court of the third time, at the opening of the ensuing session; but, I had intended to begin de novo, and for the United States for the District of Missouri, stands acquitted of the charge exhibited against him by the House happily, was anticipated and prevented by the annual message of the new President, [General JACKSON,] which of Representatives. The VICE PRESIDENT then directed the Marshal to brought this question of renewing the bank charter diadjourn the Court of Impeachment; and it was accord-rectly before Congress. A reference of this part of the ingly adjourned sine die.

TUESDAY, FEB. 1.

message was made, of course, to the Finance Committee: the committee, of course, again reported, and with increased ardor, in favor of the bank. Unhappily this third report, which was an amplification and reiteration of the two former, did not come in until the session was four

The whole of this day's sitting was consumed in the re-months advanced, and when the time of the Senate had ception of petitions and resolutions, and with closed doors on Executive business.

become engrossed, and its attention absorbed, by the numerous and important subjects which had accumulated

SENATE.]

Bank of the United States.

[FEB. 2, 1831.

upon the calendar. Printing in extra numbers, general private, political and pecuniary, general and particular, circulation through the newspaper press, and no answer, full discussion, and seasonable decision, is just and proper. was the catastrophe of this third reference to the Finance I hold myself justified, Mr. President, upon the reasons Committee. Thus was I non-suited for the third time. given, for proceeding in my present application; but, as The fourth session has now come round; the same subject example is sometimes more authoritative than reason, I is again before the same committee on the reference of will take the liberty to produce one, which is as high in the part of the President's second annual message which point of authority as it is appropriate in point of applicarelates to the bank; and, doubtless, a fourth report of the tion, and which happens to fit the case before the Senate same import with the three preceding ones, may be ex- as completely as if it had been made for it. I speak of pected. But when? is the question. And, as I cannot what has lately been done in the Parliament of Great Brianswer that question, and the session is now two-thirds tain. It so happens, that the charter of the Bank of advanced, and as I have no diposition to be cut off for the England is to expire, upon its own limitation, nearly about fourth time, I have thought proper to create an occasion the same time with the charter of the Bank of the United to deliver my own sentiments, by asking leave to intro- States, namely, in the year 1833; and as far back as 1824, duce a joint resolution, adverse to the tenor of all the re-no less than nine years before its expiration, the question ports, and to give my reasons against them, while support- of its renewal was debated, and that with great freedom, ing my application for the leave demanded; a course of in the British House of Commons. I will read some exproceeding which is just to myself, and unjust to no one, tracts from that debate, as the fairest way of presenting since all are at liberty to answer me. These are my per- the example to the Senate, and the most effectual mode of sonal reasons for this step, and a part of my answer to the securing to myself the advantage of the sentiments exobjection that I have begun too soon. The conduct of pressed by British statesmen. the bank, and its friends, constitutes the second branch of my justification. It is certainly not "too soon" for them, Sir Henry Parnell.-"The House should no longer dejudging by their conduct, to engage in the question of lay to turn its attention to the expediency of renewing renewing the bank charter. In and out of Congress, the charter of the Bank of England. Heretofore, it had they all seem to be of one accord on this point. Three been the regular custom to renew the charter several reports of committees in the Senate, and one from a committee of the House of Representatives, have been made years before the existing charter had expired. The last renewal was made when the existing charter had eleven in favor of the renewal; and all these reports, instead of being laid away for future use--instead of being stuck in years to run: the present charter had nine years only to pigeon holes, and labeled for future attention, as things of any agreement between the Government and the bank continue, and he felt very anxious to prevent the making coming forth prematurely, and not wanted for present for a renewal, without a full examination of the policy of service-have, on the contrary, been universally received again conferring upon the bank of England any exclusive by the bank and its friends, in one great tempest of ap- privilege. The practice had been for Government to make plause; greeted with every species of acclamation; re

[THE EXTRACTS.]

printed in most of the papers, and every effort made to a secret arrangement with the Bank; to submit it immegive the widest diffusion, and the highest effect, to the ar- tion, and to call upon the House the next day to confirm diately to the proprietors of the bank for their approbaguments they contain. In addition to this, and at the pre-it, without affording any opportunity of fair deliberation. sent session, within a few days past, three thousand copies So much information had been obtained upon the banking of the exposition of the affairs of the Bank have been printed by order of the two Houses, a thing never before trade, and upon the nature of currency in the last fifteen done, and now intended to blazon the merits of the bank. years, that it was particularly necessary to enter upon a full investigation of the policy of renewing the bank char[Mr. SMITH, of Maryland, here expressed some dissent to this statement; but Mr. B. affirmed its correctness in sub-ter before any negotiation should be entered upon bestance if not to the letter, and continued.] This does tween the Government and the bank; and he trusted the not look as if the bank advocates thought it was too soon until the sense of Parliament had been taken on this imGovernment would not commence any such negotiation to discuss the question of renewing the charter; and, upon this exibition of their sentiments, I shall rest the assertion portant subject." "Mr. Hume said it was of very great importance that and the proof, that they do not think so. branch of my justification rests upon a sense of public free themselves from the trammels in which they had long The third his majesty's ministers should take immediate steps to duty; upon a sense of what is just and advantageous to

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the people in general, and to the debtors and stockholders been held by the bank. As the interest of money was of the bank in particular. The renewal of the charter is now nearly on a level with what it was when the bank a question which concerns the people at large; and if they lent a large sum to Government, he hoped the Chanare to have any hand in the decision of this question-if cellor of the Exchequer would not listen to any applicathey are even to know what is done before it is done, it is tion for a renewal of the bank charter, but would pay off high time that they and their Representatives in Congress every shilling that had been borrowed from the bank. should understand each other's mind upon it. The charter Let the country gentlemen recollect has but five years to run; and if renewed at all, will pro- scale, and lending money on estates, a system entirely that the bank was now acting as pawn-broker on a large bably be at some short period, say two or three years, before the time is out, and at any time sooner that a chance contrary to the original intention of that institution. can be seen to gallop the renewal through Congress. He hoped, before the expiration of The people, therefore, have no time to lose, if they mean the charter, that a regular inquiry would be made into to have any hand in the decision of this great question. the whole subject." To the bank itself, it must be advantageous, at least, if Mr. Edward Ellice. "It (the Bank of England) is a not desirable, to know its fate at once, that it may avoid, great monopolizing body, enjoying privileges which (if there is to be no renewal,) the trouble and expense of belonged to no other corporation, and no other class of multiplying branches upon the eve of dissolution, and the his majesty's subjects. He hoped risk and inconvenience of extending loans beyond the that the exclusive charter would never again be grantterm of its existence. To the debtors upon mortgages, and ed; and that the conduct of the bank during the last indefinite accommodations, it must be also advantageous, ten or twelve years would make Government very cauif not desirable, to be notified in advance of the end of tious how they entertained any such propositions. The their indulgences: so that, to every interest, public and right honorable Chancellor of the Exchequer [Mr. Rob

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