equalize the capital, said he wished the old stock and the old stockholders to remain as they were. drawers, as they had heretofore withdrawn their original papers without expense. Mr. Hubbard would prefer this to the withdrawal of the original papers; the detention of which he insisted was of great importance. Mr. Davis advocated the bill in its original form. He thought the committee had the best means of judging what was best for the District. He argued that a large capital was both better and safer for Mr. Davis spoke strongly in favor of the resoluthe community; that the danger was not in a large tion as calculated to prevent the maturing and bolcapital, but a false capital; that it was better for the stering of fraudulent claims. He believed, if the community to have banks numerous enough to ad-resolution should be adopted, very few copies of mit of free competition in their efforts to accommo- the papers would be called for, whether or not any date the public; and that bank stock was almost in-charge for them should be made. variably purchased up by the corporation, for the The resolution, as stated above, was then agreed exclusive purpose of maintaining its credit. to. Mr. Buchanan said he thought $1,000,000 of ca- The senate took up the bill to prevent the counpital sufficient for the city of Washington alone.terfeiting of treasury notes, and other obligations With a population of 40,000, and without much and securities of the government. commerce, their actual capital was now $940,000. Mr. Preston objected strongly to the second secMr. Merrick expressed much regret at the condition of the bill, which provides that no person action which Mr. Buchanan had attached to his vote, cused shall escape conviction, as by the common and he spoke with great earnestness in favor of the law, on acount of the mere want of literal, technioriginal bill. He argued that the amount of capital cal or formal accuracy. He argued that this prinproposed by the bill was not equal in proportion to ciple of the common law often rescued the innothe capital in the larger cities of the country. cent from the impetuosity of power, and he was unwilling that this principle of the common law should in this way be invaded. Mr. Wall stated that this principle had been given up in England and in this country to a considerable extent, as often affording an escape for rouges. Mr. Preston said it was better that ten rouges should escape than that one innocent person shold suffer. He regarded these technicalities, difficulties, and delays in prosecutions as among the entrenchments of liberty which he was unwilling to abandon. Mr. Webster said he was rather disposed to reduce the capital, if it could be properly done; but the reduction proposed by Mr. Buchanan would cause very great inequality, to which he could not agree. After a few further remarks on this point by Messrs. Williams, Buchanan, Merrick, Webster and Hubbard, Mr. Buchanan modified his motion so as to leave the second section in the bill, and to amend it by inaking the capital of the Bank of Washington $335,000 to be divided into 16,750 shares, of $20 dollars each, instead of a capital of $500,000, divided into 25,000 shares of the same amount. Mr. Southard argued at considerable length, and with much earnestness, chiefly from statistical data, in favor of the bill as it was. He also commented on the apparent inconsistency of denouncing bank paper as bank rags, and then denouncing the banks for drawing in their paper. Mr. Benton spoke at much length, partly in reply, but mainly on the general subject of the bill. Mr. Southard showed that by the act of 1811 each of these banks was allowed a capital of $500,000. This bill, therefore, proposed no increase of capital. Mr. Buchanan said his object was to continue the actual capital of the banks as they now were, and as they had themselves made them. He was opposed to allowing them any actual increase at this time. Mr. B.'s amendment, was agreed to, as follows: YEAS-Messrs. Allen, Benton, Buchanan, Calhoun, Clay, of Alabama, Clayton, Cuthbert, Fulton, Hubbard, King, Knight, Linn, Kumpkin, Lyon, Mouton, Nicholas, Niles, Norvell, Pierce, Rives, Robinson, Ruggles, Smith, of Connecticut, Trotter, Wall, White, Williams, Wright, Young-29. NAYS-Messrs. Crittenden, Davis, Merrick, Roane, Robbins, Sevier, Smith, of Indiana, Southard, Spence, Swift, Tipton, Webster-12. Mr. Buchanan moved further to amend the bill, by requiring the banks to keep an amount of specie in their vaults equal to one-fourth of their private deposites as well as of their circulation. Mr. Koane explained the ground on which the committee had required specie only to the amount of one fourth of the circulation. Mr. Buchanan argued, from the practice in Eng. land and other places, that safety required specie to the amount proposed by his amendinent. On motion of Mr. Benton, who expressed a desire to obtain some additional evidence on the subject, The senate adjourned. May 12. Several memorials, petitions, &c. in reference to the treaty with the Cherokees were presented and laid on the table. On motion of Mr. Smith, of Indiana, and with the assent of Mr. Wall, the above described second section of the bill was striken out, and the bill so amended was ordered to be engrossed for a third reading. The bill for the relief of Hard & Longstreet was read a third time, earnestly opposed by Mr. King and Mr. Morris, as earnestly advocated by Mr. Preston, also by Mr. Robinson, and was then pas. sed without division. On motion of Mr. Benton, the senate held a short executive session. After the executive session, Mr. Buchanan (having called up the bill for that purpose) modified his motion of yesterday in regard to specie in the bank of Washington, so as to require it, after the 1st of January next, to have an amount of specie "equal to at least one-fourth of its circulation and average private deposites, excluding special deposites." This provision is of course designed to be made general. The senate then adjourned. May 14. Mr. Webster presented the memorial of the citizens of Stoneham, in Massachusetts, relative to the Cherokee treaty, and praying congress not to enforce that treaty. Mr. W. said it was evident that a very general feeling existed in the country, that injustice had been done to the Cherokees; that the treaty was never assented to by the tribe; that it was founded in injustice, and obtained by fraud and bribery; and that is due to honor, justice, and national charac. ter, that the whole proceedings should be revised, in a spirit of fairness and equity, and all done that can be done to do right to these people. He fervently hoped those who had the power over the case would give their immediate and serious attention to the subject. The inemorial was laid on the table. Mr. McKean presented a memorial from citizens of Bedford county, Pennsylvania, complaining of the great inconvenience by reason of the regula tions of the general post office department requiring the payment of postage to be made in specie; that, owing to the scarcity of specie now in circulation, there is not a sufficiency to be obtained for that purpose; and that all the small change in specie is concentrated in the post office, to the injury of the citizens generally; and praying that a law may be passed compelling the postmasters throughResolved, That no original paper relative to any pri- out the United States to receive current bank notes vate claims shall be withdrawn from the files of the in payment of postage. Referred to the commitsenate after they shall have been referred to committee on the post office and post roads. tees and reported upon; but the secretary of the senate, Mr. McK. also presented seven memorials, signwhen required, shall give certified copies of the same, ed by a large number of citizens of Pennsylvania, for the same fecs as are now charged for similar duties in the state department; which fees shall be placed remonstrating against carrying into effect the treaty by the secretary to the credit of the contingent fund of New Echota, made with the Cherokee Indians. A resolution before offered by Mr. Hubbard was taken up, and modified by the mover to the following import: of the senate. Mr. Sevier objected to this increase of duty on the part of the secretary, without allowing him any additional compensation. Laid on the table. Mr. Prentiss presented the memorial of a number of citizens of Montpelier. Vermont, remonstrating against the execution of the Cherokee treaty. Laid on the table. Mr. Swift presented the petition of Andrew Norton. Referred. Mr. Hubbard remarked that the oversight of this was one of the appropriate duties of the secretary as such, for which he received a regular salary. He would of course be authorized to employ Mr. Norvell presented the petitions of Benjamin another clerk, if he should have occasion for more F. Potta and another individual. Referred. assistance. Mr. Williams asked leave, in pursuance of previous notice, to introduce a bill for the survey of the northeastern boundary of the United States. Mr. Clayton suggested the propriety of furnishing the copies required free of expense to the with Mr. W. accompanied his motion for leave by a history of the circumstances to which the hill (aecording with the treaty on which the United States rely) owed its origin, and made some remarks in favor of its passage, speaking, in all, about an hour and a haif. Mr. Webster said he had already expressed a desire to say something on this subject, but he would prefer another occasion. With the consent of the senator from Maine, he would therefore now move to lay his motion for leave to bring in a bill on this subject on the table for the present, with a view to call it up in a day or two. Mr. Williams' motion for leave was accordingly laid on the table. Mr. Webster said that since he had last addressed the senate on this subject, he had received, in a more formal shape, the resolutions of the legislature of Massachusetts in relation to the northeastern boundary, which he would now present, and move that they be laid on the table and ordered to be printed; which was done accordingly. Attached to the report of the committee of the Massachusetts legislature, on the subject of the northeastern boundary, were two maps relating to the same subject; which, on motion of Mr. Webster, were ordered to be printed. On motion of Mr. Rives, the bill for the relief of Vespasian Ellis was taken up, amended, and order. ed to be engrossed for a third reading. The senate resumed the consideration of the bill to continue the corporate existence of the banks in the District of Columbia. The question being on Mr. Buchanan's amendment, requiring the Bank of Washington to keep an amount of specie equal to one-fourth of its circulation and of the average amount of its private deposites, excluding special deposites, Mr. Webster said, in relation to this amendment, and to all similar propositions, that it was their object to create a certain relation between specie in the banks and the debts of the banks as shown by the amount of their private deposites, which, in his opinion, was not the true one; and could not be regarded so much as a security that the banks would pay all their debts, as for another purpose. Banks might have a very large amount of specie in proportion to their deposites and circulation, and yet not be able to pay their debts, and vice versa. The amount of specie in banks was to some extent a security for their soundness; but Mr. W. thought the primary object of it was or ought to be to require a certain proportion of specie to be always in the vaults of the banks, to prevent an excessive issue of paper. Mr. Benton spoke at much length in favor of the largest proportion between the specie in the banks and all their liabilities, and moved to strike the word "private" from Mr. Buchanan's amendment. Mr. Buchanan said he did not think they ought to endeavor to make model banks of the small banks in this District. If Mr. B. were at home, he would be in favor of acting on the rule of the Bank of England, of having one dollar in specie for every three of their circulation and deposites. But be thought the rule too severe, under the circumstances, for the banks of this District, and he should therefore vote against the amendment. Mr. Benton's amendment was lost-Ayes 13, noes 15. Mr. Webster said he was convinced, by his own observations and those of others, that the Bank of England had, on this subject, acted on an erroneous principle. Experience had shown fully that the mere convertibility of bank paper was no absolute security for the soundness and safety of the bank. What then was the security? He thought the only reasonable and perpetual security was to maintain a direct relation between the specie in the banks and their circulation, and this was much less a security that the debts of the banks would be all paid, than as a security that the issues of paper would not run beyond a certain limit. Mr. Clay, of Alabama, spoke in favor of Mr. Buchanan's amendment, and argued that banks were just as much bound to redeem their general deposites as their bills in circulation. urging that although the amendment would not Mr. Buchanan spoke in reply to Mr. Webster, provide absolute security that the banks would be able to pay their debts, it would yet tend to increase that security. Mr. Hubbard also argued in favor of the amendment from statistical premises relating to the proportion of the specie and liabilities of banks in various states. Mr. Rives spoke at much length, and with great earnestness, in favor of something more indulgent than this amendment, to the banks in this District, or rather to the people themselves, for whose benefit alone they were or ought to be legislating. He showed. from statistics compiled by Mr. Gallatin, that in 1829, when banks and banking were re NILES' NATIONAL REGISTER-MAY 19, 1838-CONGRESS. garded as in a high state of security, the propor- bill delayed, especially as the greater portion of the ference; the bills in circulation must be first paid out The resolution was consequently laid on the table for to-day, and ordered to be printed. The bills to prevent the counterfeiting of treasury Mr. Niles spoke briefly in reply to Mr. Knight. Mr. Buchanan spoke in reply to Mr. Rives, and Mr. Benton spoke at considerable length in favor earnestly in favor of his amendment. He was un-notes, and for the relief Vespasian Ellis, were severalwilling to be guided in legislation by these generally read a third time and passed. The senate resumed the consideration of the bill of the amendinent, or something yet more rigid. Mr. Hubbard spoke briefly against the amendment, facts, resulting from a strong desire of profit by and said he would rather increase the proportion of banking. He mentioned several states in which to continue the corporate existence of the banks in the present average was the same or nearly the the District of Columbia. The question being on Mr. Buchanan's amend-specie to the circulation, than to fix, as by the amend Mr. Allen, on account of the absence of Mr. Bu same as that proposed by his amendment. The amendinent, he maintained, was a practicable pro- ment to require the banks to retain an amount of ment, a part of the proportion on the deposites. position, for the banks, though desirous to make specie equal to their circulation and to the average called for by his resolution, moved to lay the bill on the best bargain they could, would gladly receive amount of their private deposites, excluding special chanan, and with a view to obtain the information deposites. their charters even with this provision. the table. Negatived as follows: Without any further action, the senate adjourned. May 15. The Vice President presented a report from the treasury department, in pursuance of a senate resolution of the 9th March last, in relation to the clerks employed in that department. Laid on the table and ordered to be printed. Also a like memorial of 27 citizens of Hamden, Connecticut. Also a like memorial of 72 citizens of Durham, Connecticut. Mr. Niles spoke a long time in favor of the amendment, and in ieply to Mr. Rives' remarks of yesterday. Mr. Knight said: The senator from Connecticut is for protecting the people against extraordinary issues of bank paper. So am I. It is for the protecMr. Davis presented the memorial of Jacob Cum- tion of the people in their business concerns that I mings and others, citizens of Southboro', Massachu-shall vote against this amendment. I consider it setts, setting forth their reasons for believing the best to take the circulation only as the rule to govern treaty with the Cherokees to be illegal, and praying, the specie, and not the deposites, and circulation, as if said treaty is enforced, it may be done with hu- proposed by the amendment. If we include the deposites also, it will cause such a fluctuation in the inanity. Also the memorial of David Daggett and 439 oth-business of the banks as to operate on the merchants ers, of New Haven, in the state of Connecticut, set- and others owing and doing business with them.ting forth their belief that the Cherokees never as- Every additional deposite will disturb the relations sented to the treaty of New Echota, and praying of those whose business is connected with these inthat the honor of the nation may not be stained, and stitutions. We all know that every bank has acthe retribution of heaven provoked, by enforcing the counts with merchants whose daily business chanconditions of that instrument against the will of the ges their situation in regard to deposites in the bank, and by the change of their accounts the proportions Cherokees. of the deposites and circulation are disturbed also, making it almost impossible for the banks to prevent calling on their customers in a manner that would prevent all reliance for accommodation on the banks. Mr. Davis also presented the memorial of citizens It is well known that most banks have a general rule of Orange county, New York, upon the same sub-in regard to the payments on notes falling due. Some cut off, as it is called, 25, others 50 per cent. and ject. some inore, when a note falls due. This is understood by the merchant, and he arranges his business accordingly. But if you make the deposites the rule of circulation, there can be no dependence on the amount that will be needed by the bank, the larger the deposite is made, the more must be paid by the person on his note to sustain the proper proportions. Suppose a bank of Philadelphia should send drafts and notes to the amount of ten thousand dollars to a bank of this district to be collected, and the bank receives the money in the bills of the Bank of Georgetown, then the bank must immediately call on its customers to pay more money in consequence of having received the deposite of the ten thousand dollars, than it otherwise would have done had circulation only been regarded. Or the bank receiving the bills of the Bank of Georgetown must immediately send for the specie, and thereby disturb the relations existing between the Bank of Georgetown and its customers. And it is this continued fluctuation and disturbance of the merchants, traders, and othMr. Crillenden, from the committee on revolution-ers in their business, which is the reason of my obary clains, made unfavorable reports, which were jection to the amendment. If the circulation only agreed to, on the claims of various individuals, (un- was the rule, it would be avoided, and the Bank of Philadelphia would be paid without incommoding heard.) the business community of this district. Mr. McKean also presented remonstrances on the same subject from citizens of Pennsylvania. All laid on the table. Mr. Lumpkin here rose and said he held in his hand a letter from John Ridge, a full blooded native Cherokee, which contained much interesting information in relation to the true condition of the Cherokees who had emigrated west of the Mississippi, and asked that the letter might be read. No objection having been made, he read the letter and then thanked the senate for their indulgence, &c. Mr. Davis, when Mr. L. had concluded, presented another remonstrance of the same kind, and then commented upon the letter just read-this gave rise to a brief debate, which did not result in any legislative action. The debate shall have a place in our next. Mr. Brown presented the proceedings of a meeting in North Carolina, (subject unheard.) Referred. Mr. Niles, from the committee on commerce, reported a bill imposing a duty on starch. Read, and ordered to a second reading. Mr. Allen presented the following resolution, which, being objected to, lies over one day: Resolved, That the committee for the District of Columbia procure and report to the senate statements of the condition of the several banks in the District of Columbia, that have applied for an extension of their charters, in relation to the following particulars: 1. The names of the officers and directors of the banks, the amount of stock owned by each, and the debts due from each to the banks respectively, disCriminating between the executive, legislative, and judicial officers of the government among them, and also between residents and non-residents. 2. The stockholders of the banks respectively, the amount of stock owned by each, and of debts due from each, discriminating as above. 3. The debtors to the banks respectively, and the amount due from each, discriminating as above. 4. The number of suits that the banks respectively have instituted against their debtors since the suspension of specie payments, and the amount due from each, discriminating as above. The objection to an immediate decision on this resolution was made by Mr. Roane, who said he was willing that any information on the subject should be procured, but he did not like to have the I am not in favor of over issues of paper. I would YEAS-Messrs. Allen, Benton, Brown, Clay, of Alabama, Cuthbert, Fulton, Grundy, Morris, Niles, Norvell, Robinson, Smith, of Connecticut, Strange, Trotter, Williams-15. NAYS.-Messrs. Clay, of Kentucky, Clayton, Crittenden, Davis Hubbard, King, Knight, Lumpkin, Mouton, Nicholas, Pierce, Prentiss, Preston, Rives, Roane, Ruggles, Sevier, Smith, of Indiana, Mr. Roane, as no one appeared desirous to speak, Spence, Tallmadge, Tipton, Webster, White-23. expressed his willingness to delay the vote on Mr. Buchanan's amendmendment till he should be present. The action on the bill was accordingly, by consent, suspended, and, after a short executive session, The senate adjourned. May 16. Mr. Wright, from the committee on finance, to whom was referred the joint resolution introduced by Mr. Clay, of Ky., prohibiting discrimination in the media of the different branches of the revenue, and requiring, under suitable regulations, the reception, by the government, of the notes of sound specie-paying banks, reported the same, without amendment, accompanied by a report adverse to the resolution; which report Mr. W. stated, had not received the unanimous saucoccupying tion of the committee, but accorded with the views The report was read by Mr. W., of the majority. nearly three hours. It consisted, to a great extent, of a minute history of the various kinds of money received and receivable for the public dues since the formation of the government, and of incidental and collateral subjects, partly with a view to show the expediency and propriety of the treasury (specie) order of July, 1837, and of allowing the secretary of the treasury discretionary power on this subject. It also argued that the resolution of 1816 was merely permissory. But its main direction Mr. Allen moved the printing of 30,000, and Mr. was to oppose the resolution offered by Mr. Clay. Morris of 52.000 extra copies of the report. These motions occasioned a debate (to be given hereafter) which terminated in the order for 30,000, by a vote of 23 to 19. On motion of Mr. Hubbard, the resolution of Mr. Clay was made the special order for Monday next; after which, Mr. Webster rose and said he would send an amendment to the chair, which he intended to of fer when the resolution should come up, and which he now asked might be printed. It was as follows: Strike out the first clause of the resolution, and for the secretary of the treasury to make, or to coninsert the following: "That it shall not be lawful tinue in force, any general order which shall create any difference between the different branches of revenue, as to the funds, or medium of payment, in which debts, or dues to the United States, may be paid." This amendmeat, said Mr. W. is offered as a subIt is stated that the banks, in 1829, had but one dol-stitute for the first clause of the resolution. When lar in specie for eight in circulation. That was a the sub-treasury bill was before the Senate, I movvery hard year for the banking business of the coun- ed an amendment to it, which was in the very try; and, if there had been as great demand for spe- words of that which I now offer. The amendment cie in the year 1829 as there was in 1837, I believe was then adopted by a vote of 37 to 14. the banks must have failed to pay specie. One to eight is too great an extension. I am inclined to the belief that there was more specie in the banks the last year than there was in 1829, but the demand for it was much greater. As it seems, at least, to be doubtful whether that bill will become a law, I concur in the expediency of presenting the same provision in some other bill, or resolution. My general object on this occasion is the same as that of the mover of these resoluBut, sir, what is the penalty if the banks should tions: but I think this common object will be best When presenting it to the go beyond the limitation? It is not a forfeiture of answered by proposing the provision in the form the charter, but only to make the directors liable for in which I now offer it In Rhode Island, the directors are lia- Senate, on the former occasion, I had well consithe excess. ble for any improper conduct of the bank; and, in dered its effect on existing laws, and endeavored to many of the banks, the stockholders are liable for limit its operation to the precise purpose in view. the bills issued. There the billholders have a pre-It met the general concurrence of the senate, as the vote showed; and I fully intended, if the sub- ton, Crockett, Curtis, Deberry, Dennis, Dunn, Everett, Mr. Pennybacker obtained leave to offer the fol- Now the amendment does not affect any existing act of congress. It leaves all such discriminations as the laws have created, to remain as they are. But it takes away from the secretary of the treasury the power of making, by his own sole authoFriday, May 11. Mr. Bouldin stated that, by an rity, or continuing, such discriminations. It puts an end to the treasury order of the 11th of July, accidental error in the journal, his name had been 1836, and takes away all authority to make such recorded as voting on the questions taken yesterday orders in future, and here its operation stops. As as to laying the subject of the duel report on the there is then this difference between the resolution table and on printing, when, in fact he had not been and the proposed amendment, and as the amend-in the house when those questions were put. He ment is in the very form which the senate has exonerated the clerk from all intention to commit the error, which arose, doubtless, froin the noise in already sanctioned by a very large majority, when the hall. Had he been present, he should have I proposed it as an amendment to the sub-treasury voted against laying the subject on the table, and in bill, it will be expedient, I think, to adopt it in place of that clause of the resolution which I propose to strike out. The amendment was ordered to be printed, and then The Senate adjourned. HOUSE OF REPRESENTATIVES. Thursday, May 10. This day's proceedings was follows: favor of the printing. work. where. Mr. Fairfield said that as the house had ordered the printing of 20,000 copies of the evidence and journal of the select committee on the late duel, he would now move that 20,000 copies of the reports of the majority and minority be also printed. Mr. Graves said that, although he should have preferred that the evidence and journal alone should be printed, he had no objection that the reports should be included, if such were the pleasure of the house. a reconsideration of the vote on Mr. Graves' motion. Mr. Fairfield now withdrew his motion, and moved Mr. Graves then said that, in order to test the if that should be voted down, he would then enlarge Mr. Williams, of North Carolina, obtained leave to offer the following resolutions for consideration: Resolved, That the president of the United States be requested to cause to be furnished, for the information of this house, the names of the topographical and assistant topographical engineers who, during any time in 1837, have been employed given in sufficient detail in our last, with the on civil works of internal improvement, distinguishing The reconsideration was agreed to. exception of the yeas and nays on laying the report by the general government pursuant to acts of confirst, such works as may be required to be erected of the committee on the late duel, with the accompa gress; second, such civil works as may be prosecn- sense of the house, he would first make a motion for nying documents, on the table. They were as fed by the state government or under the authority YEAS-Messrs. John W. Allen, Andrews, Ather- of incorporated companies, specifying under each ton, Ayerigg, Beirne, Bicknell, Birdsall, Boon, Brod-class the description and location of each particular head, Bronson, Cambreleng, William B. Campbell, John Campbell, Casey, Chapman, Clark, Cleveland, journal. Resolved, That the president of the United States Clowney, Coles, Connor. Craig, Crary, Crockett, Cush- be requested to cause to be furnished, for the inman. Deberry, DeGraff, Duncan, Dunn, Edwards, Far- formation of the house, a statement in such form as rington, Foster, Fry, Gallup, James Garland, Rice Gar-will exhibit at one view the sums expended in 1837 land, Grantland, Grant, Gray, Griffin, Haley, Halsted, Hamer, Harrison, Hawkins, Haynes, Holsey, Holt, on the several objects of internal improvement, speciHoward, William H. Hunter, Robert M. T. Hunter, lying the description, use and location of each work; Ingham, Thomas B. Jackson, Nathaniel Jones, John in what state or territory situated; the amount exW. Jones, Kemble, Klingensmith, Legare, Leadbetter, pended on each object; the name of the officer, suLewis, Loomis, Lyon, James M. Mason, Martin, Maury,perintendent, or agent employed; the amount of McKay, Robert McClellan, Abraham McClellan, Mc- compensation of every description allowed him, Clure, Miller, Montgomery, Moore, Murray, Noble, whether an officer of any corps of the army, or Owens, Palmer, Parker, Parmenter, Pennybacker, Pe- a civilian; if the latter, specify his profession and trikin, Phelps, Prentiss, Rhett, Rives, Augustin H. Shep avocation, and when employed by the government. perd, Charles Sheppard, Shields, Sayder, Spencer, Resolved, That the president of the United States Stuart, Stone, Taylor, Thomas, Titus. Turney. Uuderwood, Vail, Wagener, Webster, Weeks. Albert S. be requested to cause to be furnished for the inWhite, Thomas T. Whittlesey, Jared W. Williams, and formation of this house, the names of the topographJoseph L. Williams-102. ical engineers who have been serving with the army in Florida, during the recent campaign. Also, the names of such officers of that corps as may now be employed, or are intended to be employed the ensuing season, on any civil works of internal improvement; specifying the description and location of each work; distinguishing, also, such as may be under the direction of the general government from those prosecuted by the states or by incorporated compa NAYS-Messrs. Adams, Alexander, Heman Allen, Beatty, Bell, Biddle, Briggs, William B. Calhoun, John Calhoon, Carter, Chambers, Cheatham. Childs, Coffin, Corwin, Cranston, Curtis, Cushing, Darlington, Davies, Dennis, Everett, Richard Fletcher, Fillmore, Goode, James Graham, William Graham, Hall, Harlan, Harper, Hastings, Herod. Hopkins, Hubley, Jenifer, Henry Johnson, Wm. Cost Johnson, Keim, Kennedy, Lincoln, Logan, Marvin, Samson Mason, McKennan, Menefee, nies. Mercer, Milligan, Calvary Morris, Noyes, Ogle, Patter- works of internal improvement of any kind what- The resolutions are of a nature which, under the Mr. Graves rose to ask the leave of the house to intention of entering into the merits of the question, Mr. Campbell, of South Carolina, disclaiming all appealed to the house to say if it were just that after determining not to try these gentlemen, it was just to order the printing of 20,000 copies of a document which was, in substance against them? Mr. C. had no personal feeling on the subject. report of the majority as, in substance, an argument Mr. Graves said that he had always regarded the against himself, and of course had no desire that it should be sent forth under the authority of the house: but he had rather that this should be done than the evidence should not be printed. had determined not to enter on the trials of the inMr. Parker, of New York, denied that the house, dividuals concerned in the late duel: it had merely laid the subject on the table, whence it might be taken at any time, as he hoped it would. As to the argument that the report of the majority was an argument against the gentleman from Kentucky, (Mr. Graves,) it was to be accompanied by the reports of the minorities-one of which, at least, was as much an argument in his favor. He was for printing both, and sending the whole to the people. of more than 10,000 extra copies of any document. Mr. Whittlesey had never voted for the printing He hoped the motion would be so amended as to reduce the proposed number to 10,000. Mr. Harlan inquired of Mr. Fairfield whether it was in his knowledge that a very large edition of the report of the majority of the select committee on the late duel had been printed in this city on private account; and, if so, whether he could say how large a number? Mr. Fairfield replied that he did not admit any right in the gentleman from Kentucky to question him on this subject. He had, however, no objection to state that he did understand that an edition had been so printed, but of what number it consisted he was not informed. He was understood to add that he had himself franked a number of copies. Mr. Hopkins, (of Va.,) moved to lay the resolution to print upon the table. The following was the vote on printing the re- NAYS-Messrs. Ayerigg, Biddle, Bouldin, Briggs, John Calhoon, William B. Campbell, John Campbell, Carter, Chambers, Cheatham, Childs, Corwin, Crans The motion was agreed to. On this motion Mr. Boon demanded the yeas and nays, which being ordered, were taken, and stood as follows: Yeas 57, bays 119. opposition to the amendment, and continued his reMr. Mason, of Ohio, then addressed the house in marks until they were cut short by the expiration of the morning hour. Mr. Cambreleng now moved that the house go into committee of the whole on the state of the union; but, after some conversation, on the appeal | pended, in order to enable him to offer this joint re- amendment. The remainder was of great length, in the senate, being a revival of the state bank sysof Mr. Whittlesey, consented to withdraw the mo- solution. Mr. Reed demanded the yeas and nays. substantially the same as the project of Mr. Rives' Ordered. tion for the present. Mr. Campbell asked if this proposition could not tem, by twenty-five banks, to be selected by the Reports of committees were then called for, when the following among other reports were presented. be offered as an amendment to the bill under consi- secretary of the treasury, aed approved of by the Mr. Cambreleng raised a question of order as to the Mr. Curtis, from the committee on commerce, re-deration at present, in the committee of the whole. senate. During the reading of this amendment, ported a bill making appropriations for the improve- The Chair responded affirmatively. Mr. Hopkins' motion to suspend the rules was re-admissibility of the amendment, under the bill before the committee. Mr. Bell was of the opinion ment of certain harbors therein mentioned, and for surveys of certain harbors therein mentioned for jected, as follows: that it was strictly in order, inasmuch as it went to 1838. the present supply and future regulation of the treasury. Mr. Hopkins contended that the proposition he had made was in order. He was unwilling to vote a dollar until some mode of keeping safely and disbursing safely the public money should be established. Mr. Adams defended the motion as strictly regular. The debate on the question of order was continued by Messrs. Cambreleng, Haynes, and Mercer; and then, the Chair decided the amendment to be out of order. Mr. Boon, from the same committee, reported senate bill to grant to the states and incorporated companies engagad in the construction of roads and canals the right of way through the public lands of the United States, without amendment. Mr. McKay, from the committee on military affairs, reported a bill to amend the act entitled "an act for the punishment of frauds committed on the government of the United States, approved March 3, 1823," and to provide for the punishment of frauds committed on pensioners of the United States. Mr. Wagener, from the committee on the militia, reported a bill more effectually to provide for the national defence, by establishing a uniform militia throughout the United States. Mr. McKay, offered the following resolution: Resolved, That the map of the seat of war in Florida, prepared in the topographical bureau, be reduced and printed under the direction of the bureau, for the use of congress. Mr. Paynter, from the committee on naval affairs, reported a bill making an appropriation for the building of a dry dock at Philadelphia. Mr. Bronson, from the committee on the territories, reported a resolution, setting apart the 29th and 30th of May inst. for the consideration of business relating to the territories; which resolution was rejected. YEAS-Messrs. Alexander, H. Allen, J. W. Al- NAYS-Messrs. Adams, Andrews. Atherton, Also, a bill to enable the people of East Wisconsin to form a constitution and state government, and for the admission of each state into the union. Also, a bill to authorize the people of Florida to form a constitution and state government, and to provide for the admission of said state into the union. Mr. Lincoln, from the committee on the public buildings and grounds, made a report against the petition of the laborers employed on the public buildings in the city of Washington, for regulating Resolved, That the committee of ways and means the daily hours of labor; against the resolution of the house of the 26th of March last, instructing the be instructed to report to this house, forthwith, a committee to inquire into the expediency of leasing bill authorizing the secretary of the treasury to the public grounds west of the capitol, for the pur-raise, by law, the sum of $7,000,000, to supply any poses of draining, fencing, &c. Mr. Cushing gave notice that he would, at an early day, move to commit the president's message, on the subject of the northwestern territory of the United States, to the committee on foreign affairs, with instructions to inquire into the expediency of establishing a post on the river Columbia, for the defence and occupation of the territory of the United States watered by said river; and also to consider the expediency of making further provision by law to prevent the intermeddling of the officers or subjects of foreign powers with the Indians of the United States. The house then, on motion of Mr. Cambreleng, resolved itself into a committee of the whole on the state of the union, (Mr. Ingham in the chair,) on the bill authorizing the secretary of the treasury to re-issue the amount of treasury notes paid in. Mr. Bell then asked leave to offer the following resolution: immediate demand upon the treasury to meet which Mr. Cambreleng objected. Mr. Bell moved that The motion to suspend the rules (requiring a vote of two-thirds) was rejected, by the following vote: Yeas 82, nays J4. On motion of Mr. Cambreleng, the house resol- A bill to carry into effect an act approved the Be it enacted by the senate and house of represenMr. Cambreleng addressed the committee, in ex-tatives of the United States of America, in congress position of the views of the committee and of the assembled, That the secretary of the treasury, with administration in support of this bill, and in suste- the approbation of the president of the United States, nance of its financial plans and conduct generally. is hereby authorized to cause treasury notes to be Mr. Cushing replied, in a full and able argument issued, according to the provisions of an act, entitled "an act to authorize the issuing of treasury upon the subject. notes, approved the twelfth day of October last, in place of such notes as have been, or may be, issued under the authority of the act aforesaid, and which have been,or may hereafter be, paid into the treasury and cancelled. Mr. Thompson, of South Carolina, followed, in decided and warin opposition to the bill. Before getting through with what he had to say, he gave way to a motion for the coinmittee's rising for this day; and the committee rose, and the house adjourned at half past four o'clock. Mr. Thompson resumed and concluded his remarks in opposition to the bill; and the debate was further continued by Messrs. Rhett and Menefee; after which, Mr. Southgate said he wished to address the committee upon this question; and he moved that the committee (at 4 o'clock) do now rise. The count was made by tellers, and resulted as follows. Ayes Resolved by the senate and house of representatives 80, noes 97. So the committee refused to rise. of the United States, in congress assembled, That the Mr. Southgate then proceeded in opposition to the secretary of the treasury be, and he is hereby, au- bill, and was followed by Mr. Hopkins, who moved thorized to re-issue, to the amount of $2,000,000, a substitute for the whole bill, empowering the prethe treasury notes authorized by the act approved sident of the United States to borrow, on the credit on 12th day of October, 1837, entitled "an act to of the United States, a sum of $10,000,000, at a authorize the issuing of treasury notes," under the rate of interest of 6 per cent. payable quarterly, and restrictions, conditions, and limitations therein pre-reimbursed at the will of the government; to be apscribed. Saturday, May 12. After a desultory debate, 3,000 copies of the report of the secretary of war upon the survey of the Alleghany river, were ordered to be printed. Mr. Hopkins asked leave to offer the following Joint resolution. plied, in addition to the moneys now in the treaMr. Hopkins notified the house that it was his ob- sury, or which may be received therein from other ject to move its reference to the committee of the sources, to defray the expenses of the government. whole on the state of the union. Mr. Thomas ob- and to be transferable by stock. The foregoing jected. Mr. Hopkins moved that the rules be sus- I was the substance of the first section of Mr. H's The debate was then continued by Messrs. Bell and Cambreleng, when Mr. Halsted moved that the 88, nay's 93. So the committee (at a quarter after committee rise. Decided by tellers as follows: Yeas 6 o'clock) refused to rise. Mr. Robertson offered an amendment, embracing the substance of the first clause of the This amendment was supported by Mr. Robertson, amendment before offered by his colleague, (Mr. Hopkins.) and then, Mr. Mason, of Virginia, moved that the committee rise; which motion was rejected by a vote of 64 yeas to 86 nays. So the committee (at three quarters past 6 o'clock) refused to rise. Mr. Muson, of Virginia, proceeded until 7 o'clock when he gave way to Mr.Menefee, who moved that the committee rise; which motion was rejected, 60 ayes, 84 noes; and Mr. Mason continued his remarks until half past 7 o'clock, when he gave way to Mr. Hopkins, who moved that the committee rise; which motion was rejected by a vote of 79 ayes to 85 noes; and Mr. Mason continued his remarks until after 8 o'clock; when he yielded to Mr. Legare, who moved a vote of 81 ayes to 88 noes. that the committee rise; which motion was lost by Mr. Mason resumed, and finished. Mr. Stuart next spoke, and moved an amendment, of which the reporter could not obtain a copy. The debate was further continued by Mr. Wm. Cost Johnson until a quarter before before 9 o'clock, when he gave way to Mr. Chambers, of Kentucky, who moved that the committee rise. This motion was decided by the following vote: 89 ayes, 88 noes. The Chair announced the vote, and said the moMr. Lewis asked how the chair votes. tion to rise was decided in the affimative. Mr. Ingham (the chairman) said he voted in the negative. Mr. Hopkins took exception to the regularity of this, the chair having announced the vote, and decided that it was carried in the affimative, before he voted. At this point, the motion was renewed, and another count (at nine o'clock) was ordered; which resulted as follows: 92 ayes, 94 noes. Mr. Robertson, recapitulating the facts above stated, insisted that, by the announcement of the chair, the committee had determined to rise. The committee were sitting irregularly. Messrs. Curtis, Duncan, Adams, and W. C. Johnson spoke to this point, and the Chair decided that it was now too late to make that point. Mr. Johnson, of Maryland, then resumed the floor, and continued his remarks upon the bill and amendments until twenty minutes past nine o'clock when he again gave way to Mr. Chambers, who moved that the committee rise; which motion was the chair voting in the negative. rejected by the following vote: 90 yeas, 89 nays; Mr. Yorke then moved that the committee rise. The Chair decided that that motion was not then in order. Mr. Johnson, of Maryland, then resumed and continued his remarks until half past nine, when he gave way to Mr. Graham, of North Carolina, who appealed to the oldest members of the house, whether any good were ever done by sitting out a debate on Saturday night. He moved that the committee rise. This motion was negatived by a vote of 88 ayes to 90 noes. Mr. Johnson, of Maryland, resumed and continued his remarks until a quarter before ten o'clock, when he gave way to Mr. Mitchell, who moved that the committee rise; which motion was lost by the vote of 88 ayes to 91 noes; and Mr. Johnson went on till five minutes defore ten o'clock, when he gave way to Mr. Halsted, who moved that the committee rise: ayes 89, noes 90. Mr. Johnson, of Maryland, resumed, and, at five, was not a question of order, but a question of words, minutes after ten, gave way to Mr. Dunn, who patriotism, and propriety. moved that the committee rise: 87 ayes, 89 noes; and Mr. Johnson resumed the floor, who gave notice that he should not again give way to a motion to rise. The next that should be made he would make himself. After speaking a few moments, he moved that the committee rise, which he withdrew at the request of Mr. Harper, of Ohio, who made some remarks in opposition to the bill, as reported by the chairman of the committee of ways and means, and at a quarter before elever. o'clock gave way to Mr. Coffin, who moved that the committee: rise 86 ayes, 87 noes. Mr. Briggs, one of the tellers, then announced that two other gentlemen had asked to be counted in the affimative since the house was divid ed, but before the vote was announced to the chair. Much confusion here arose, and the chair, at length, ordered another count, which was decided as follows: Ayes 88, noes 91. Mr. Harper resuined the floor, and continued his remarks till 20 minutes before 12 o'clock, when he gave way to Mr. Thomas, who proposed to rise now and come to the determination to go through with the subject on Monday, at all events. [Cries of no! no!!]. Mr. Hawes then moved (a quarter before 12) that the committee rise. Yeas 85, nays 87. Mr. Harper resumed and continued until (at 5 minutes before 12) he gave way to Mr. Robertson, who appealed to gentlemen who professed to have regard for the sabbath, not to violate their creed by compelling the house to sit on that day. By doing so, they would bring the credit of the country into contempt. If, however, the chairman of the coinmittee of ways and means would say that the government could not get on for one day, he would consent to this course. Not otherwise. He moved that the committee rise. Ayes 80, noes 83. Mr. Harper proceeded until 5 minutes afte 12 o'clock, when Mr. Chambers rose to order. He made the point that, it being the Sabbath day, the house ought not to do business. The Chairman decided that it was in order to sit after 12 o,clock, if the committee so desired. Mr. Chambers took an appeal. Mr. Pope did not deny that Sunday was a legislative day, if the house should make it so. But the speaker ought to take the chair and decide this point. He would therefore, for this purpose, move that the committee rise. (This was a quarter after 12 o'clock,) Yeas 83, nays 82. The chair voted in the negative, and the motion was lost. Mr. Reed spoke to the question of order raised by Mr. Chambers. At the very close of the session, as a matter of neccessity, the house has sometimes sat during the sabbath hours, but there is no such necessity now. He hoped the decision of the chair would not be sustained. Mr. Cushman contended that no appeal lay from this decision of the chair. Mr. Pope submitted to the candor of the chair if it was proper for him to vote to sustain his own decision, upon an appeal taken therefrom. His object was not to embarrass the course of this bill, but he did think that those who objected to bills like these had a right to be heard to give their views thereupon, and to deliberate upon the public business, and decide upon it calmly and candidly. He would not vote to legislate on the sabbath day, unless imperiously required by the exigencies of the country. He hoped an opportunity would be given to the house to record their votes by yeas and nays on this question: and, therefore, hoped that the committee would rise. Mr. Thompson thought the rule giving the speaker the power to vote in such cases did not apply to the case of the chairman of the committee. Mr. Duncan said a few words in reply to Messrs. Pope and Thompson. Mr. Pope urged that, upon the score of delicacy and propriety, the chairman ought not to vote in such a case. Mr. Underwood was of opinion that an appeal from the decision of the chair was not to be negatived by the chair voting so as to produce a tie. The Chairman maintained the propriety of his course, as sanctioned by usage and precedent. Mr. Pope moved that the committee rise. He wanted the question to be settled whether or not the house would legislate on the sabbath. (This division took place at twenty-five minutes before one o'clock.) Yeas 83, nays 82. The chair voted again in the negative. Mr. Haynes spoke to the question of appeal. It was the privilege of every member of the house to vote on all questions. Mr. Thomas suggested that nothing could be effected by deciding that questions in either way. It Mr. Hawes, of Kentucky, next obtained the floor and took the same side of the question; but, before Mr. Everett hoped that those who held the opin. he had proceeded far he was taken suddenly ill, ion that the house, under present circumstances, and disabled from speech or action. Much confuought not to sit on the sabbath, would with him re-sion ensued in the house. Mr. H. was taken to one tire from the hall. He should do so with perfect of the great south windows of the hall-where, berespect to the house, and should not be found in it ing bled, he soon recovered so far as to be able to again until Monday at 11 o'clock, unless brought in retire from the hall. in the custody of the sergeant-at-arms. Mr. Briggs thought it was impossible to get ahead at all in the present mode of doing business. The two parties to this question were trying their strength, without any prospect of success to either. He hoped that the committee would consent to rise, and come together with better feelings upon another day. Mr. Morgan was in favor of rising and adjourning. He believed no good could come of a longer session to-night. He would be among the last to adopt this course on any other night; but he now felt constrained to move that the committee rise. (Ten minutes before one.) Yeas 82, nays 76. So the committee decided to rise. The Speaker took the chair at five minutes before one o'clock, and Mr. Briggs moved that the house do now adjourn. The yeas and nays were demanded by several voices, and ordered. Mr Dunn, of Indiana, succeded, and entered at large into an argumentative speech, in the course of which he traced the conduct of the administration from the beginning toward the banks, arguing to show that its policy was utterly hostile to them, and insisting that the present measure was intended to supersede them by an issue of government paper. Mr. Goode took the floor, and was going on with some remarks in opposition to the bill when he was interrupted by Mr. William, of Kentucky, who rose to a point of order, and inquired if there was a quorum present. Mr. W. moved that the committee rise, in order to have a call of the house, for he wished to get out of that place before night. Mr. Goode begged the gentleman to withdraw his motion, and allow him to proceed. He would not detain the committee long, and not having before expressed his opinions on the subject of the preThe house, at a quarter past one o'clock on Sun-sent bill, and the subjects immediately connected day morning, decided to adjourn by the following vote: Yeas 85, nays 72. And then the house adjourned. Monday May 14. Mr. Boon asked the consent of the house to submit the following joint resolution: Resolved by the senote and house of representatives of the United States of America in congress assembled, That from and after the 1st day of June, eighteen hundred and thirty-eight, there shall be no discrimination in the kind or description of currency receivable by the government, for customs, for the or owing to the United States. sale of the public lands, or for any debt or duty due Mr. Williams of Kentucky raised the question of order against the introduction of this resolution, tions of a similar character before the house; one on the ground that there were already two resoluoffered by a gentleman from Ohio, and the other by himself, on the 16th ultimo. The Chair said if that was the case, the resolution could not be entertained. Mr. Boon explained that he had offered this resolution in obedience to what he knew to be the will of his constituents, and, further, in compliance with the joint resolution of the legislature of the state of Indiana. Mr. Bronson said, if it was in order, he would move a suspension of the rule, for the purpose of considering this resolution. The Chair ruled it not to be so, but suggested that it would be in order to move a suspension, to take up the other resolution. Mr. Bronson doubted if there was a resolution identical with this before the house. The chair referred to it and showed the object to be the same. Mr. Boon said he was perfectly willing to remove the obstacle to the present consideration of the sub ject, by withdrawing the resolution he had offered. Leave being granted, he accordingly withdrew it. Mr. Boon now renewing his request, and objection being again made-Mr. Bronson moved for a suspension of the rules to enable Mr. Boon to of fer it. and nays; which were ordered. On which motion Mr. Briggs demanded the yeas Mr. Cambreleng remonstrated with Mr. Boon, and asked him not to press the motion. Mr. Boon insisting, the yeas and nays were taken on suspending the rules, and decided as follows: Yeas 95 nays 53. There not being two thirds, the rules were not suspended. in order that the house might immediately resume, in Mr. Cambreleng now moved to suspend the rules committee of the whole, the consideration of the bill which was in discussion on Sunday morning, when the house adjourned. On this motion Mr. Turney demanded the yeas and nays; which were ordered. Mr. Harlan asked of Mr. Cambreleng whether it was the purpose of himself and his friends to press through that bill this day? Mr. Cambreleng said he could not tell what the house would be disposed to do. The question was then taken on Mr. Cambre. leng's motion that the house go into committee of the whole on the state of the union to resume the consideration of the treasury note bill, and resulted as follows: Yeas 132, nays 50. The house accordingly went into committee (Mr. Ingham again in the chair.) Mr. Harper, who had the floor from Sunday morning, resumed and concluded his remarks in decided opposition to the bill. with it, he felt bound to do so, and would rather do it then than at such an hour as that at which the honse adjourned on Sunday morning. Mr. Williams consented to withdraw his motion, again repeating that he wanted to go home before midnight. Mr. Goode then went on at some length into an examination of the messages of the president at the special and present sessions, and into a history of the various propositions of the secretary of the treasury, in order to show that the pretence that something was necessary to be done to relieve the wants of the treasury, and the manner pointed out to obtain that relief, all ended in the prosecution of a plan to establish a sub-treasury, or government the money that was necessary to carry on its opera. bank. He was willing to afford the governmentall tions, and he would, at any time, vote for supplies; but he was opposed to the sub-treasury, and the issuing of treasury notes. He hoped that the bill would be put into a shape that would enable him to support it; but in its present shape he could not vote for it, for a great many reasons, which he then went on at large to assign. Mr. Sergeant, of Pennsylvania, then took the floor, and, after a severe examination of the speech with which Mr. Cambreleng had introduced the bill, went into an argument in opposition to the measure proposed by the bill. He yielded to a motion for the rising of the committee, which failed: Ayes 79 noes 85. Mr. S. then resumed, and further addressed the committee in conclusion. Mr. Tillinghast then appealed to the house, stating that, from the number of gentlemen who wished to address the committee on the bill, it would be impossible to get a vote on the bill to-night, and thereupon, at half past 5 o'clock, noved that the committee rise. The motion was rejected: Ayes 90, noes 94. Mr. Tillinghast then addressed the committee in opposition to the bill, and, having proceeded till five minutes after six o'clock, yielded to another motion, by Mr Davies. for the rising of the committe. This motion was negatived: Äyes 87, noes 93. Mr. Tillinghost continued his argument, and spoke till twenty minutes before seven, when, Mr. Robertson moved that the committee rise, proposing that it be with the understanding that the bill should be gotten out of committee to morrow. The motion was carried; Ayes 91, noes 86. So the committee rose at 7 o'clock, and reported progress. A motion being made to adjourn, the yeas and nays were demanded by Mr. Bronson, but the house refused to order them; and thereupon adjourned. Tuesday, May 15. The Chair laid before the house a communication from the secretary of the navy, in reply to the resolution of the house of the 31st of March last, calling for the names of all pension agents, the authority by which such agents were appointed, copies of commissions issued to such agents, &c. It appears by the said report, that there was at the time of the last settlement with the several agents for paying navy pensions, an unexpended balance of $103,658 47 remaining in their hands, Settlements have been made with all of them, except one or two, since the commencement of the present year. Committees were then called on for reports when a number were received, chiefly on private claims, which will be noticed hereafter, |