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prompt the exislii g ii cnmbei t, whoever he
may be, to be thuiideied against ttie lib. ities ot
the people.
Whatever may have b-.in the motives or
the course of others, I owe it to my sell and
to truth to say, that in deprecating the election
ot Gen. Andrew Jackson to the otnee ot
Chief Magistrate, it was not fr m ary private
considerations, but because I considered it
would be a great calamity to my country ; and
that, in whatever opposition 1 made to his Ad
iiiinistratiOn. which more than realized my
worst apprettensions, I was guided solely by a
sense of public duty. And Ido now declare
my solemn and unshaken conviction that, un
til thu Executive power, as enlarged, extend
ed, and consolidated by him, is reduced with
in its true constitutional limits, there is no per
manent security for the liberties a.id Happiness
of this people.
4. Lastly, pass this bill, and whatever di
vorce its friends may profess to be its aim,
that perilous union of the purse and the sword,
so justly dreaded by our British and Revolu
tionary ancestors, become absolute and com
plete. And who can doubt it who knows that
over the Secretary of the Treasury at Wash
ington, and every Sub Treasurer, the Prsident
claims the power to exercise uncontrolled
sway ? To exact implicit obedience to his
will?
The message states that, in the process both
of collection and disbursement ot the public
revenue, the officers who perform it act under
the Executive commands; and it argues that,
therefore, the custody also of tho Treasury
might as well be confided to the Executive
r .,,n. I fhii.lt the safer conclusion is directly
opposite. The possession of so much powac
over the national treasure is just cause re
gret, and furnishes astrong reason K>r dimin
ishing it, if possible, but none for giving the
whole power over the purse to the Chief Ma
gistrate.
Hitherto I have considered this scheme of
Sub-Treasuries as if it was only what its
friends represent it—a system solely for the
purp< se of collecting, keeping, and disbursing
tho public money, in specie exclusively, with
out any bunk agency whatever. But it is
manifest that it is destined to become, if it be
not designed to be, a vast and ramified connex
ion of Government batiks, of which the prin
cipal will be nt Washington, and every Sub-
Treasurer will boa branch. The Secretary
is authorized to draw on the several Sub-
Treasurers in payment for all the disburse
ments of Government. No la.v restricts hitn
ns to the amount or form of his drafts or checks.
He may throw them into amounts suited to the
purpose's of circulation, and give them all the
appearance and facilities of bank notes. Os
all the branches of this system, that at New
York will be the most important, since about
one half of the duties are collected there.
Drafts 0:1 New York are at par, or command a
premium from every point of the Union. Il
is the great money centre of the country. Is
sued in convenient sums, they will circulate
throughout the whole Union as bank notes, and,
as long us confidence is repos; d in them, will
be preferred to tin: specie which their holders
have a right to demand. They will supply a
general currency, fill many of the channels of
circulation, be a substitute for notes of the
Bank of the United States, and supplant, to a
great extent, the use of bank not.'s. The ne
cessities of the people will constrain them to
use them. In this way; they will remain a
longtime in circulation ; and in a few years
we shall see an immense portion of the whole
specie of the country concentrated in the hands
-of the branch back—that is, the Sub. Treas
urer, at New York, and represented by an equal
amount of Govermn nt paper dispersed
throughout the country. The responsibility
of the Sab-Treasurer will be consequently
greatly increased, and the Government will re
main bound to guaranty the redemption of all
the drafts, checks, or notes (whatever may be
their denomination) emitted upon the faith of
the money iti his custody, and, of course, will
be subject to the hazard of the loss of the
amount of specie in the hands of the Sub
Treasurer. If, in the commencement of this
system the holders of this Government paper
shall bo required to present it for payment in
coin, within a specified time, it will be found
inconvenient or impracticable to enforce the
restriction, and it will be ultimately abandoned.
Is the Senate prepared to consent to place
not only all the specie that may be collected
for the revenue of the country, at the will of
the President, or, which is tho same thing, in
the custody of persons acting in obedience to
his will, but to put him at the head of the most
powerful and influential systc u of Govern
ment banks that ever existed ?
It is said i i the message that Governm 'at
is not b und to supply the country with th
■exchanges which are nec- ssary to th" transac
tion of its business. But was th it la iguage
held during the progress of the contest with
the late iauk of the United States? Was not
the expectation held out to tho people that
they would be supplied with abetter regulated
exchange? And did not both the lute Presi
dent and the Secretary of the Treasury dwell
with particular satisfaction. in several messa
ges and repons, upon the improvement of the
currency, the greater amount in exchange,
and the reduction of the rates, under the ope
ration of tho State B ink systs n than existed
under the B ink of the United States? Instead
, of fulfilling the promises held out, the Gov
ernment now wraps itself up in its dignity—
tells the people that they expect too much of it;
that it is not its busiaessto furnish exchanges;
and that they m ty look to Europe for the man
ner in which, thiough tho agency of private
bankers, the comm. ree and business of the
country is supplied with exchange. We are
ad.’iscd to give up our American mode of
transacting business, through the instrumeuta
? lity of banking corporations, in which the in
terests of the rich and poor are happily blend
cd. and to establish bankers similar to th"
Hopes, the Bari igs, the Rothschilds, and the
Hotinguers of Europe; houses which require
years or ages to form and pat in successful
operation, and whose vast overgrown capitals,
possessed by the rich exclusively of the poor,
control the destiny of nations and determine
the fate of empires ?
Having, I think, Mr. President, shown that
the project of the Administration is neither
desirable, nor practicable, nor within the con
stitutional power of the Geneial Government,
nor just; and that it is contrary to the habits
of the people ot the U lited States, and is dan
gerous to their liberties, I might here close mv
remarks; but I conceive it to be the duty of
. 1 a patriotic opposition not to confine itself mere
ly to urging objections against measures to
promote the general prosperity, brought tor
ward by those in power. It has farther and
higher duties to perform. There may be cir
cumstances in which the opposition is bound
formally to present such measures as, in its
judgment, are demanded by tho exigency of
. the times; bitif it has just reason to believe
that they would be unacceptable to those who
alone can adopt them, and give them effect,
the opposition will discharge its duty by siu.
, gestiug what it believes ought to bo done for
tho public good.
I know, sir, that I have friends whose par
tiwlityhiisinluceilthjmtohopoth.it I would
be -able to bring forward s mi ,j healing measure
fm- the dis >r l‘ is which udi ippily prevail, th it
might p ov." -icc",>i lie. I wish Gid that
1 Celli! l hpj b , ,<• i '('q
disease is of such an rd arming character as to
require more skill than I possess : and I re
gret to be compelled to fear that there is no ef
fectual remedy but that winch is in the hands
of the suffering patient himself.
Still, under a deep sense of the obligation
to which I have referred. I declare that, after
the most deliberate and anxious consideration
of which I am capable, 1 can conceive of no
adequate remedy which docs not comprehend
a national bank as an essential part. It ap
pears to me that a national bank, wish such
modifications as experience has p anted out,
and particularly such as would limit its profits,
exclude foreign influence in the government of
it, and give publicity to its transactions, is the
only safe and certain remedy that can be adop
ted. The great want of the country is a gen
eral and uniform currency, and a point of an
ion, a sentinel, a regulator of the issues of the
local banks; and that would be supplied by
such an institution.
I am not going to discuss, as an original
question, the constitutional power of Congress
to establish a national bank. In human affairs
there are some questio is. and I think this one,
that ought to be held as determined. From
several decisions of Congress affirming the
power, the concurrence of every other depart
ment of the government, the approbation of the
people, the concurrence ot both the great
; parties into which the country has been divi
ded, and forty years el prosperous experience
with such a bank, appear to me to settle the
controversy, if any controversy is ever to be
settled. Twenty-two years ago, Mr. Madison,
whose opposition to the first Bank of the Uni
ted States is WiiU-ktiOWn, in a Messagedo CdiTT
gress-sntd:
“ Waiving the question of the constitutional
authority of the Legislature to estab ish an
incorporated bank, as being precluded, i i my
judgment, by repeated recognitions, under va.
ried circumstances, of the validity of such an
institution, it acts of the legislative, executive,
and judicial branches of the Government, ac.
companied by indications, in different modes,
of a correspondence of the general will of
the nation ; the proposed bank does not appear
to be calculated to answer the purposes of re.
viving the public credit, of providing a nation,
al medium of circulation, and of aiding the
Treasury by facilitating the i.idispcnstble an.
ticipations of revenue, and by aflbrdi ig to the
public more durable loans.”
To all the considerations upon which he then
relied, in treating it as a settled question, are
now to be added two distinct and distant subse.
quent expressions of the deliberate opinion of
a republican Congress, two solemn decisions
of the Supreme Court of the United States,
twenty years of successfi 1 experience, and
disastrous consequences quickly following the
discontinuance ot' the Bunk.
I have been present as a member of Con
gress, on the occasion of the termination of
the charters of both the Banks of the United
States ; look part in the discussion to which
they gave rise, and had an opportunity of ex
tensively knowing the opinions of members ;
and I declare my deliberate conviction that,
upon neither was there one-third of the mem.
bars in either House who entertained the opm
ion that Congress did not possess the constitu
tional power to charter a bank.
But it is contended that, however indespen
sable a Bank of the United States may be to
the restoration of the prosperity of the coun
try, the President’s opinion against it opposes
an insuperable obstacle to the establishment of
such an institution. It will indeed be unfor
tunate if the only measure which can bring
relief to the people should be prevented by the
magistrate, whose elevated station should re i
der hitn the most anxious mail in the nation j,,
redress existing grievances.
The opinion of the President, which is re.
lied upon, is that contained in his celebrated
letter to tile lion. S. Williams, and that which
is expressed in the message before us. I must
say. with all proper deference, that no man, '
prior to or aftt r his election to the chief ma
gistracy, has a right to say, in advance, that
he would not approve of a particular bill, if ii
were passed by Congress. An annunciation
ot such a purpose is premature, and contrary ;
to the spirit, if not the express provision of I
the constitution. According to that instru
ment, tho participation of the President in the
legislative power—his right to pass upon a bill
—is subsequent, ami never previous to the de
liberations of Congress. The constitutional j
provision is, that when a bill shall have p issed j
both houses, it shall be presented to the Presi- ;
dent for his approval or rejection. His right |
topass upon it results from the presentation of j
the bill, and is not acquired until it is present- I
ed. M hat would be thought of the judge j
who. before a cause is brought before the j
court, should annou ic? his intention to decide
n favor of a named party? Or of the Senate,
which shares the appoint! >g power, if it should, I
before a nomination of a particular individual I
is made for an office, pass a resolution that it j
would not approve the nomination of that in
dividual 7
It is clear that the President places his re
pugnance to the Bank of the United States
mainly upon the ground that the popular will
has been twice “solemnly and unequivocally
expressed” against it. I ; this I thi.ik the
President is mistaken. The two occasions to
which he is understood to refer, are the elec
tion of Andrew Jackson, in 1832, and his own
election in 1836. Now, as to the first, there
was not, before it took place, any unequivocal
expression of the opinion of the late President
against <. national bank. There was, i i fact,
a contrary expression. In the veto message,
President Jackson admitted the convenience
of a batik; stated that he did not find in the
renewed charter such modifications as could
secure his approbation, and added that if h ■
had been applied to, he coni.] have furnished
tho model of a bank that would answer the
purpose of such an institution. In supporting
his re-el .'Ction, therefore, the people did not
intend, by the exercise of their suffrage, to de
prive themselves of a national bank. On the
contrary, it is within my own knowledge, that
many voted for him who believed in the neces
sity of a bank quite a . much as I do. And I
am perfectly persuaded that thousands and
tens of thousands sustained his re-election, un
der the full expectation that a national bank
would be established during his second term.
Nor, sir, can I think that tho election of the
present chief magistrate ought to be taken as
evidence that the people are against a bank.
The most (hat can be asserted is, that h ■ was
elected, the expression of his opinion to Mr.
Williams notwithstanding. The question of
the election of a chief magistrate is a com
plex question, and one of compensations and
comparison. ?VII his opinions, nil his qualifi
cations are taken into consideration, and com
pared with those of his competitors. And
nothing more is decided bv the people than that
the person elected is preferred amongst tho se
veral candidates. 'They take him as a man
takes his wife, for better or for worse, with ail
the good and bad opinions which he possesses.
You might as well argue that the election of a
particular person to tho office of chief magis
trate, implies that his form, figure, and ap
pearance, exhibit the standard of human per
fection, as to contend that it sanctions and ap
proves every opinion which h ' may h ive pub
licly expressed on public affairs. It. is some
what iinginlM'il to til ■ p", >ple to suppos ■ that,
ih ■ ■ rii.ei’ ■? pin . i es Ur. Van Bur? i, i i
regard to a Bank of the United States, con-
stitu'.ed any, muck Icrstli i chief r< c immenda I
tiou ol him to their suffrages. It would be i
more honorable to him and to ;.h.:".i to suppow ■
hat it proceeded from his c.miiie it abilities, i
led hts distinguished s.'ri i" a at. 1, .m ■ a.:,d i
abroad. If we are to look buvo id th--tn a■ J
beyond him, many b: icv<- th.it Im m i.ifiu.
eiitial cause of his electio i was the wi lors.--
meut of that illustrious pre ! cos 0~, in whose
footsteps he stands pledged to follow.
No, sir, no; the simple a:.d naked qu siion
of a Bank or no Bink of the United States
was not submitted to th- people, and twice
solemnly and iinequtvocaUy ' decided against
by th.mi. I firmly b hove th it if such a ques
tion were now submitted to them, the response
of a vast majority would be i i the* affirmative.
I hope, however, that nob ink will be estab
lish- d or proposed, unless there shall be a clear
and undisputed majority of the p:. >pl? and of
the States iit favor of such n:i i :stit.utio.a. If
there b i one wanted, and an unequivocal mu.
■ ifestation be made of the popular will that it 1
is desired, a bi k will bo estu!‘!’. h 'fir-
President’s opposition to >. i s founded princi
pally upon the or :Si! m •! opposition of the
people. 1,..; them domonstrati: that he is mis
t->ko‘.',, and he wiH not separate himself from
them. He is too good a democrat, and the
tenor of his whole life shows that, whatever
other divorces he may recommend, the last
that he would desire would be one between
him and the people. Should this not proveto
be the case, and if a msjority should not exist
sufficiently large to pass a bank charter in
spite of the veto, the ultimate remedy will re
aoaLyto the people to cha-'-ge th air rulers, if
their rulers will not cb.mg" their opi ions.
But, during this debatt;, it has been contend
ed that the establishment of a new Bank of
the United States would aggravate existing
distresses; and that the specie necessary to
put it in operation could not be obtained with
out prejudice to the local b i ks.
What is the relief for which all hearts are
now so anxious’y throbbing ? It is to put the
. banks again in motion; to restore exchanges,
and revive the drooping business of the coun
try. And what are the obstacles ? They arc,
first, the foreign debt, and, secondly, a want of
confidence. If the banks were to re-open
their vaults, it is apprehended that the specie
would immediately be exported to Europe to
discharge the foreign debt. Now, if a Bank
of the United States were established, with a
suitable capital, the stock of that batik itself
would form one of the best subjects of remit
i tance ; and an amount of it, equal to what re
mains of the foreign debt, would probably be
remitted, retaining at home or drawing from
abroad the equivalent in specie.
A great, if not the greatest, existing evil, is
the want of confidence, not merely in th ;
government, but in distant banks, and between
the banks themselves. There is no tie of con
tiexion binding them together, and they are of
ten suspicious of each other. To this want
of confidence among the banks themselves is
to be ascribed that extraordinary derangement
in the exchanges of the country. How oth
erwise are we to account for the fact that the
paper of the banks of Mississippi cannot now
be exchanged agai ncf the naoer of the ba .ks
of Louisiana, without a discount in the former
of 10 or 15 per cent.; nor that of the banks of
Nashville, without a discount of 8 or 10 per
cent, against the paper of the banks of the
adjoining State of Kentucky? It is manifest
that, whatever maybe the medium of circula
tion, whether it be inconvertible paper and
specif, supposing confidence to exist, the rates
of exchange in both cases ought to be nearly
the same. But in times like these no bank
will allow its funds to accumulate, by the ope
ration of exchange, at points where no pre
sent use can be made of them.
Now, if.i Ba k of the United States were
established, with a proper capital.and it were
made the sole depository of the public moneys,
and its notes were receivable in all govern
ment dues, it. might commence operations forth
with, with a small amount of specie, perhaps
not more than two millions. That sum would
probably be draw ■ from the commu ity. whore
it. is now hoarded and dormant; or it it were
taken even from the local ba ks. they would
I be more than compensated in the security
which they would enjoy, by the remittance of
the new stock to Europe, as a substitute for
their specie.
Such a new bank, once commencing busi-
I ness. would form a rallying point; confidence
would revive, exchanges be again regulated,
and the business and prosperity of the coun
try be speedily restored. And it is by no
means certain that there would be any actual
I augmentation of the banking capital of the
: country, for it is highly probable that the ag
gregate amount of unsound hanks, which can
never resume specie payments, would be quite
equal to that, of the new bank.
An auxiliary resolution might be adopted
with salutary effect, similar to that which was
adopted in 1816. offering to the state banks,
as a motive to resume specie pnvmen's, that
their paper should be received for the public
dues; or, as their niimb-'r has since that peri
nd grea‘ly increased, to make th? motive more
operative, the offer might be confined to one
or two banks in each state known to be trust
worthy. Let them and a Batik of the United
States commence specie payments, and all the
other sound banks would be constrained, by
the inited force of public opinion and the law,
to fi How the example.
If in contrasting the two periods of 1317
and 1837, some advant iges for the resump,
tion of specie payments existed at the former
epoch, others which distinguish the present
greatly preponderate. At. the first there were
none except the existence of a public debt and
a smaller number of banks. But then an ex
hausting war had wasted our means. Now
we have infinitely greater wealth, our resour
ces arc vastly more developed and increased,
our population nearly doubled, our knowledge
of the disease much better, what is of the ut
most impoitance, a remedy, if applied now,
wotld be administered in a much earlier stage
of the disorder.
A general currency of sound and uniform
value is necessary to the well.being of all parts
of the confederacy, but it is indispensable to the
interiorstates. The seaboard stateshave each
of them banks, whose paper freely circulates
within their respective limits, and serves al!
the purposes of their business and commerce
at their capitals, and throughout their whole
extent. The variations, in the value of this
paper, in passing through those states, from
one commercial metropolis to another, arc not
ordinarily very great. « But how are we of
the interior to come to the Atlantic cities to
purchase our supplies of foreign and domestic
commodities, without a general medium? The
piper of our own bankswill not bo received
but at a ruinous discount. We want a gener
al currency, which w’id serve at home and en
able us to carry on our accustomed trade with
our brethren of the Atlantic States. And
such a currency we have a right to expect.
I do not arrogate to myself a right to speak
for and in behalf of all the Western states; but
as a Senator from one of them, I am entitled
to be heard. This Union was formed to se
cure certain general, but highly important ob.
jents, of which the common defence, commerce
and a uniform currency, were leading ones.
To th • interior states, none is of more impoit
ance than that of currency. Nowhere is the
attachment to the Union more ardent than in
those states; but if *this government should
neglect to perform its duty, the value of the
' "iT y with U
1 t r>n will b momo impaired, at. 1 its vary ex
. I't.iwe in pr-ic.-ss of time become eti.da.tg red.
; ! ' ’ b"lt : V« th ,t betwee l a sound general c'lf
; wy, a.d the pre.-ei vatioii of th ■. U -ion itself
- ■ l!1 ’ ’ aud p iff ei saffir ,th-r ■is the
; I mtii-i it j co.tm xio.:.
! s b J i’.'::'id«>;j, th' r"t!i It s wliieli t
t tV" su»g:-atcd w ;r-; s tccessfal, at a form i
pm ,-nd of out bister , there is every reason to
h - that they would again prove et’tcaci-m.j;
b;i tat mo stippnse that th* should not, -ttid
'hat some it iknow.t cause, which canid not
the-:, should uowthwa. t th.?;r oper .ti >.t, w -
sh > tl I h ive, io any event, the c-> .solution of
knowing that we han endeavored to profit by
the lessons of experience, and if they failed
we should stand acquitted in the judgment of
the people. They are heartily ti.-ml of vision
ary schemes and wild experiments. 'l’i'.- j
u :. h to get o-:t of th ; woo Is, into which they
--AU conducted, back to tho plain b.-.tte.i,
, wide road, which they had b- fore tro-IJ.m.
j How, and when, without such mea.nres as
| I have suggested, are the state ba .ks to r,--
j sn.ne specie payments? They never ca : r.;-
i . tim; without concert; and concert springs
I frotn qotdideuce; and confidence from knowl
edge. Bal what knowledge can eight hun
dred banks, scattered over our vast territory,
have eflhe uctu d conditio:; of each other? It
is in vain that statements of it be periodically
published. It depends, at last, mainly, upon
the solvency of tho debtors to the bank; and
how, whenever their names are not known,
can that ba ascertained?
Instead of coming to the aid of ill; pros,
trate iustitutions, and assisting them, by a mild
and parental exercise of our power, in a mode
sanctioned and approved by experience, you
propose to nbaulm them and their country to
their fate. You propose worse; to discredit
their p..per, to distrust them even as sped d
depositories, and to denounce against them all
the pains and penalties of bankruptcy.
How and when will th y resume specie pay
ments? Never, as far as my i iformalio.i ex
tends, havo exertions been greater than those
which the banks have genet ally made to open
again their vaults. It is wonderful that the
community should have been able to bear, with
so much composure and resignation, the pro
digious curtailments which have been made,
j Confidence re-established, the foreign debt
extinguished, and a national institution created,
most of them could quickly resume specie pay.
’ meats. Some of there, urged by a high sense
of probity, aid smarting under severe reproach
es, will no doubt make the experimaut of re
suming and continuing payment in specie.
They may even go on a while; but without
the co operation of the state banks generally,
and w ithout the co-operation of a national
bank, it is to be apprehended that they will be
again seized with a paralysis. It is my de
liberate conviction that the preservation of the
existence ot the state banks themselves, de
pends upon the institution of a national b.mk.
It is as necessary to hem as the Union is to
the welfare of the States in our political sys
tem. Without it, no human bring can fore
see when we shall emerge from 'he difficul
ties which surround is. It has been ray for.
tu e several times to see the country involved
it! great danger; but never before have I be
' held it e:ic.jnt!)asscd with any more menacing
and portentous.
Entertaining ths views which I h ive pre
sented, it maybe asked why I do not at o.ice
propose a national bank. I have already ad
verted to the cause. Constituted as Congress
now is, I know that such a proposition would
be defeated; and that it would be therefore use
> less to make it. Ido not desire to force upon
the Senate, or upon the country, against its
will, if I could, my opinion, however sincerely
and strongly entertained. If a national bank
j be established, its stability and its utility w 11
depend won the general conviction which is
'felt of its necessity. And until such a convic-
I tiou is deeply impressed upon the people, and
j clearly manifested by them, it would, in my
judgment, be unwise evan to propose a bank.
Os the scheme of the Senator from Virgin
ia, (Mr. Rives,) I thi: k now us I thou ht in
1831. I do not believe that any practicable
connection of state banks cun supply a gener
al curre cv, be a s ite depository of the public
moneys, or act . ffici.-utly a« a fi-cal age I o!
the general gavernmont. I was not then op
posed to the state banks in ti.eir proper sphere.
I thought that they could not be relied upon to
form exclusively a b.i'ikmg system for the
comitrv, ahhough they were essential parts of
a general svsti m.
l'he amendment of the Senator, considered
as n measure to bring about the resumption of
specie payments so much desired, 1 think must
tail. Tim motive which it holds out of the
receivability in all payments to the govern
meat of the paper of such banks as may resume
by a given day, coupled with the conditions
proposed, is wholly inadequate. It is an offer
to eight hundred banks; and the revenue, pay
ments of which i i their notes is held out as
the induct meut, amounts to some twenty or |
twe; ty-five millions. To entitle them to the !
inconsiderable extension of their circ ilutio;-, j
which would result from tho credit given by j
government to the paper of all of them, they j
ar? required ti» submit to a suppression of all j
notes below five dollars, and at no very distant ,
period to all below twenty. Tho enlargement I
of'their circulation, produced by making it re- :
ceiv ible bv the government, would be much I
less than the contraction which would arise I
from the suppression of th:; prohibited notes, j
Besides, if the quality proposed again to be at.
ladled to the notes of those local banks was in
sufficient to prevent the suspension, how can
it be efficacious enough to stimulate a resump
tion of specie payments?
I shall, nevertheless, if called upon to give
a vote between the project of the administra
tion and the amendment of the Senator from
Virginia, vote for the latter, because it is harm
less, if it effects no good, and looks to the pre
servation of the state banks; while the other is
fraught with mischiefs, as I believe, and tends,
if it be not designed, to the utter destruction of
those institutions. But, preferring to ei’her
tho postponement moved by the Senator from
Georgia, 1 shall, in the first instance, vote for
that.
Sucli, Mr. President, are the views winch I
entertain on the present state of our public af
fairs. It is with the deepest regret that I can
perceive no remedy, but such as is in the hands
of the public themselves, Whenever they
shall impress upon Congress a conviction of
that which they wi-ih applied, they will obtain
it, and not before. In the mean time, let us go
home, and mix with and consult our consti'u
ents. And do not, 1 entreat you, let us carry
with us the burning reproach, that our mea
sur> s here display a selfish solicitude for the
government itself, but a cold and heartless in
sensibility to the sufferings cf a bleeding peo
ple.
Another Incendiary Fire, — A csterdny mor.
ning between six and seven o’clock, the upper
room or garret of the house in which tho
Chronicle is printed, was discovered to be on
fire—which was extinguished by the aid of
some of tho fire companies. The fire did but
little damage; the quantity of water in extin
guishing it caused more injury and derange
ment, but none of great importance. Three
is no doubt that this was the net us an inc-endia.
i '-. —■Alexandria Gavotte.
£ G Cg I. ’il iHV i .
IX SENATE,
Monday, November 20, 1837.
i Bills i.ifr.tduced and read the first time, viz.
By .Mr. Mi ler, to appropriate a sum of mo
[ uey to thu building of a Stale Arsenal in the
j city of Aiiigust.i, and provide for the eraction
. i d a .v. r.;m :;.t of th? sum".
By Mr. Polk, to change the mol -■ of oluct
( ing tin; the Judges of the Supt i ior Courts and
: th? .Vtor.icy mid Solicitor Generals, and give
I the cleciio.i of said officers to the pcopl .
! .Mr. Powell, to amend the chaiter of th"
I Comin?rci il Bank of Macon.
I Mr. Black, twamjud the charter of the Gen
ka! Buffi.
j Mr. Burns, to provide for the call of a Con
■ volition to reduce the number of th? General
1 Assembly of the State of Georgia, and to alter
; the Cjnstiiutiou of this State, s > far as the
j same requires the orgmiiz ition of a Supreme
I Court, a.id for other purposes therein named.
A message was received from the Guvcr
! nor, trt:;s-nillius a copy of.the lelt.-r, received
i from the H j-i. John I’. Ring, tendering his
I resignation of the unexpired term for which
he was elected to the Senate of the U. States,
j Messages were also received from the Go
-1 v "r.ior, transmitting a copy of the Report of
{ the Commissioners of the Oco lee navigation,
! together with the journals and maps accompa
j living it. The copy of a letter received from
’ Col. Lo ’g, Chi; f E :ginser of the Western
j and Chattahoochee Railroad—[this lette v was
j accompanied by a lengthy report]—and copy
jof a letter received from Dr. Coiling, Stat?
| Geologist, accompanied by a report; which
i were severally read and referred to the com
| mitteeon Internal Improvement.
! O.i motion of Mr. McAllister,
I A bill to establish and organize a Court for
[ the Correction of Erros. was made the spe
cial order of the day for Fiiilay next.
Tuesday, Nov. 21.
Mr. Hudson, to extend the time for fortu
| nate drawers in the late land and gold lotteries
! m this State, mid all other ungrantfid lots or
' fractions of find in any of the former lotteries
in this State, to take out his, her, or their grants,
and to fix the grant fees for the same,
Mr. Glur. ch iirman of the Committee to
whom was referred the petition of sundry ci
lizens of Union county, reported a bill to add
a part of the county of Union to the county of
Lumpkin.
Mr. Harralson laid on the table the follow
ing resolution :
Resolved, That his Excellency the Gover
nor be, and ho is hereby authorized and re
quested to employ the services of a compe
tent Engineer to survey the Chattahoochee
river from tho town of West Point, to Winn’s
Ferry, opposite Hall county, and report the
obstructions to navigation in said River, and
the probable expense of removing the same,
so as to render said river of easy and safe na
vigation.
Thursday, Nov. 23.
Mr. McAllister laid on the table the follow
ing resolution, which was read and agreed to,
to wit:
Resolved by the Senate and House o f Rep
resentalives of the State of Georgia in General
Assembly met: That his Excellency the Gov
ernor be requested to despatch, forthwith, a
special agent to negociate in behalf of this
State in the Legislature in the State of Ten
nessee, now in session, for the purpose of ob
taining an act from them, authorizing an exten
sion of our State Road from the Georgia line,
through the territory of Tennessee to the Ten
nessee river.
The bill authorizing limited partnerships
being the special order of the dav, was taken
up in committee of the whole, Mr. Powell of
Mclntosh in the chair.
The same being amended, was reported to
the Senate, read the third time and passed.
Friday, Nov. 2-1.
Mr. D unagan moved to reconsider so much
of the journal of yesterday as relates to the
passage of the bill, authorizing limited part- ,
tierships.
The Senate refused to reconsider by a vote j
of 49 to 28.
Bills reported :
Mr. J anas, to make penal the hiring of j
slaves, without verbal or written authority I
from their owners.
Mr. Burns, to add a part of Franklin to
Jackson county.
'l'he special order of the day being the bill
for the organization of a court for the correc
tion of errors, was taken up in committee ot
the whole. Mr. Hudson in the chair—the Pre
sident resumed the chair, and Mr. Hudson re
ported th? bill with amendments.
On motion of Mr. McAllister, the report
was laid on the table for the present.
His Excellency the Governor in compliance
with a resolutien of the Senate of the 20ih
inst. transmitted the correspondence between
the executive Department and Col. Long, Mr. |
Brisbane, Mr. Stockton, and Whitwell, rela- j
five to the Location of the contemplated Rai! I
Road from the Tennessee Line to some point j
on the Chattahoochee river, &c.; wh'ch was I
read and referred to the committee on Inter- |
nal Improvement. i
And the Senate adjourned till three o’clock,
P. M.
Three o’clock, P. M.
'The Senate mat pursuant to adjournment.
Mr. Garmany reported a bill to amend the
act of 26th Dec. 1836, providing for the pay
ment of volunteers.
The unfinished business of the morning, the
bill for the organization of a court for the cor
rection of errors, was resumed.
Mr. Burns moved to lav the bill on the table
the b da tee of the session.
Yeas 32, nays 46.
Mr. Burns then off’red as a sub dilute for the |
whole bill, a bill to be entitled an act to provide i
for the call of a convention to reduce the num- '
ber of the General Assembly and to alter the
constitution so far as the same requires the or
ganization of a court for the correction of
errors.
Lost—yeas 25, nays 51.
Other amendments and propositions to
amend were offered, when
On motion of Mr. Hudson, the report as ■
amended was agreed to, and on tho question, j
shall the bill now pass, tho yeas and nays were
required to be recorded —and were, yeas 41.
nays 32.
The salary of the Judges was fixed at
$3,000, mid that of the Reporter, at $15,00.
HOUSE OF REPRESENTATIVES.
Friday, Nov. 17
Mr. Kenan laid on (he table the following ;
resolution, which was read and agreed to: I
Whereas, a resolution is before tho House, ;
giving authority to the Directors of the Cen- !
tral Bank, to barrow $150,000, to complete i
the distribution to tho counties : and whereas, i
t'ne House is desirous of ascertaining (lie cau
ses which have led to the present inability of
the Central Bank to complete ber promised
distribution.
It is Resolved, That a special committee be
appointed to investigate the a flairs ot’ said
B ink, and report at the earliest convenient
moment, tho causes which have led to the pre
sent einbari assme: t of said iiistituiioa, ami to
report to this H juse, win. ther or not. the amount
>f distributin i promised to the counties by the
Directors of said Bank, were authorized by
th? interest an 1 safety of said institution.
Whoreup;).-!, the Speaker appointed Messrs
Kemin, Br.iaham, Mjers, Crawford and Gray,
that committee.
Messrs. Solomon, Brown and Jenkins were,
j o.i a subs q umt motion, added lo tire forenieu
( sioned eom nittee.
i Bills reported:
I By MT. Caihou": 'To authorize purchasers
j of real estate at Sheriff's s lies, under execu
I lions issuing from Justices Courts, to have the
| same with the legal entries made thereon, re-
I corded in the Clerk’s office of the Superior
Court wherein the said real estate, is situated.
By Mr. Hazzard: More effectually to pre
vent persons residing in one county to draw
from the Central Buffi ot Georgia, money ap
propriated to other counties.
By Mr. Burns: To lay out the State into
nine Co igressional districts.
■Mr. M’Daniell: To guard and protect the
citizens of this State against tiie too frequent
use of deadly weapons.
Monday, Nov. 20.
On motion of Mr. Crane,
j The House took up the amendments of the
; Senate to the resolution of the House appro
priating $30,000 for the troops under Gen.
Charles 11. Nelson’s command; which amend
ments were to strike out the words, “out of
any money in the 'Treasury not otherwise ap
propriated,” and insert, ‘and that his Excel
lency tho Governor, pay the same out of the
contingent fund, to the order of said Charles
■H. Nelson—also, that the said Charles 11.
! Nelson first giving bond at d security for the
! faithful disbursement of the said sum to tho
j purposes f-.>r which th? same is appropriated,
■ to b.is Excellency the Governor, and his suc-
I cessors in office”—tho same being read,
i Mr. Dougherty moved to amend the amend
; ment. by inserting the followi ig, to wit: after
the words "‘contingent fund,” iti said amend
i meat, ‘‘reserving fifteen thousand dollars to de
j fray the expenses incurred by the troops raised
| for the late Creek war, in transporting them
j selves to the place or places where they were
j mustered into the service of the United Stales”
—and the same being r nd,
Mr. Meriwether then moved that the reso
lutions and all the amendments be laid upon
the table, tnd that he have leave to introduce
■ a bill to appropriate money as a donation for
; the payment of the subsistence and forage of
the troops now marching under th? command
of Gen. Charles H. N dsoa—which was de
termined in the negative—yeas 71, nays 85.
MR. Meriwether’s bill.
\Be it enacted, &c., 'That the sum of $30.-
000, ar so much thereof as may be necessary,
b? and the same is hereby appropriated, as a
donation for the purpose of paying for the sub
sistence and forage furnished the troops under
the alledged command of ('<■>!. Charles H.
Nelson, out of any money in the 'Treasury not
otherwise appropriated.
Bo it further enacted, That upon the pre
sentation of accounts verified by affidavit of the
person selling, that the subsistence and forage
therein charged for, were actually furnished
for the troops under the alleged command of
Col. Charles 11. Nelson, and that ths same
were sold at the usual prices of such articles,
together with the certificate of the Quarter
master of said troops, that the quantity charged
for was furnished, that the same was for the j
use of the troops aforesaid, and was purchas- I
ed at the usual price thereof, it shall be the du- j
ty of the Comptroller General to audit and re- I
commend the same to bo paid bv the Gover- j
nor, who shall draw his warrant on the Trea- !
surer for the amount thereof, in favor of the ■
person s<;> applying.
And be it further enacted. That should the !
troops afores lid be mustered into the service I
of the United States, he Governor be instruct- ■
ed to request of the Secretary of War, to re- 1
turn the money hereby appropriated by dona- j
1 he question was then taken on the adop
tion of the amendment of Mr. Dougherty, and
on agreeing thereto, it was determined in the
negative—yeas 30, nays 120.
Mr. McKinley then moved the following j
amendment to the Senate’s amendment, to wit:
So as to authorize the money to be paid out
of‘ho Treasury, not to Gen. Nelson, nor his
Quartermaster, but only to those persons, or
their agents, who furnished provision and for
age, or whoso provision and forage may have j
been pressed by the army under Gen. Nelson, I
and whose account shall be audited and ap- :
proved by the Comptroller General —and the ■
same being lead.
Mr. Cone, of Camden, then moved to amend
the amendments with the following, to wit: !
And that the Governor be authorized to ap I
point a commissary to see the same carried .
into off ct.
Mr. Cleveland then moved the previous !
question, and on the question, shall the main J
question now be put, it was determined in the :
affirmative 90, nays 62.
The main question then beinu put on con
curring with the Senate, it was determined in
:h>> affirmative—yeas 85, nays 67.
Bdl.s introduced and read the fitst time, viz:
Mr. J nki.is, to alter and define the rights
and liabilities of parties in actions of eject
ment, in certain cases, and to adapt the rules
of pleading and evidence thereto.
Also, a bill to authorize the guardians of
minors to receive, recover and remove from I
the State of Georgia, property belonging to '
their wards, or to which they may be entitled.
Tuesday, Nov. 21.
Mr. Myers, from the select committee ap
pointed to examine into the affairs of the Cen
tral B.mk, t juching its embarrassment, &c ,
made a report thereon, whi~h was read.
Mr. Kenan, from the minority of the same I
committee, made a report aiso, v hich was read,
and 200 copies’of-each report, with the docu
ments accompanying the same, were ordered
to be printed for the use of the House, and
the consideration of the same made the order
ot' the day for Monday next.
Mr. Goodwin then offered the following re
solution, viz:
Resolved, That the President and Directors
of the Central Bank be introduced upon tbisj
floor, tor the purpose of explaining the facts I
set forth in the report of the select committee, i
and making a statement of the present state of j
the Bank; and the same being read,
Mr. Harris offered the following us a substi-!
tuto for the same, which was adopted, viz:
Ros deed, That the President and Directors
of the Central Bank be heard by a written
communication to the House, explanatory of
certain facts presented bv the report of the se- '
lect commitiee, appointed to examine the pre- I
sent state of the Central Bank.
'1 he bill to pardon Benjamin South, finally !
passed the House.
'1 he bill to change the laws of this State, in I
regard to Capital Punishments was read the :
third lime and lost.
The following Message, was received from |
his Exei llency, Governor Gilmer, returning ■
the Resolution, appropriating $30,000 for the I
subsistence ot the troops, under Gen. Charles
il. Nelson’s command—to wit:
Execvtivk Department,
Milledgeville, 21st November, 1837.
I return to the House of Representatives the i
resclu'ions which orginated in that body, nas- ;
sed b-<th Houses, and were presented to me ;
on the 21st inst.; upon tho subject of an appro- '
■ prialion of money for the use of the large bo
lily of mounted men, stated to be now on their
j march to Florida, wuh my reasons for disap.
’ proving them.
• From the account already laid before tho
I house, it is evident that the men for whose
j benefit the appropriation in the rcSbfrvion is
I intended to b? made, have been raised without
■ the aulho: ity of this State, or the U nited States;
; that the requisition which had been made ujr
-1 on Georgia for volunteers to serve in th* 1‘lor
! ida campaign, had b?en previously withdrawn;
' and that Gen. Nelson, by whom they have
! been raised, had no orders, and held no com
mission from either Government justifying
such a measure I cannot therefore preceive
how the public money can, with propriety, be
applied to their use. They can only ba con
sidered as so many individuals directing them
selves according to their own wishes to what--
soever course or purpose they may please; that
j although they allege that they arc on their way
Ito Florida, they are under no obligation to
serve against th? Semiuoles; and th it if they
should receive the money and use it, they
would still be at lib.rty to go to Florida or
I not.
If they should go to Florida, the probability
is, that they would not ba received into thcr
public service, 'i'he Secretary of War and
Geu Jessup, who have been directing the op
erations for carrying on the campaign in Flor
ida, and know best the materials they want,
and what force can be maintained, show by
their letters, that it will be difficult to support
mounted men there; that even when they re
quired twelve hundred volunteers from this
state, few, if any, mounted men, were desired
by them. The unexpected accession of this
large force under Gen. Nelson, consisting pro
i bably of fourteen or fifteen hundred mounted
! mon, and near seventeen hundred horses, must
i necessarily embarrass, instead of advancing
I the objects of the campaign. The expanses
I of the Seminole war have been so great for
I what has been tffeett d, that the officers direct
j ing it must be very unwilling to incur the ad-
I ditional cost which the acceptar.ca of this
j force must incur, especially as it is not the
■ kind wanted for the service. If they should
‘ be received, they may sustain losses, and un
' dergo sal}' ring in making their way home
through a country already scarce in provisions,
I and which must necessarily be rendered great
ly more so by their march to Florida, which
it would be difficult to depict. Ido not there-
I fore think the Legislature ought to du any
i thing to aid them iu co;,tinning their march.
1 he part ot the c<m .try through which these
\ men must pass, whether adopt, d into service
• or not, must have its qui. t and rights of prop
erty constancy desturbed bv their ueccsities.
I lie very assembling tog i her of so many men
without discipline, and marching through the
country without sanction of law, the orders
ol the States or General Government, or being
I under the command of officers having the
right to centrol them, is an evil jtself of great
■ magnitude and ought to b? redressed if pos
sible, instead of being encouraged. These
men have b?>? ) drawn exclusively from the
j (. herokae counties, and those adjoining them.
It is matter worthy of great consideration
j whether the Government, bound as it is, to
150 k to the defence and protection of its own
j people should encourage them to leuve their
; horn?s for other service, surrounded as they
are by Cherokee Indians now about to be r«-
; moved by the force of law from the country.
For the purpose of showing the necessity
j which exists fir retaining in the Cherokee and
adjoining counties ail the men capable es
. bearing arms, I submit to the House of Rep-
I reseutatives? copies of commuuicatio.is from
' Governor Schley’to the President ofihu United
I States, Col. Nelson, and other persons, upon
that subject. From these communications, it
: appears, that Governor Schly considered the
danger to tho Chomkee country to be so great
| and immediate as to justify him in assuming
. an authority not given bv the laws, in organ
j izing a large military force for its defence,,
notwithstanding that the Unit d States had at
the time eleven companies stationed in it; that
by a military order, issued the 3d August, from
Athens, ad Iressed to Col. Nelson, he directed
him to raise mid organize a regiment of ten
companies, to be stationed in the different coun
ti< s of the Cherokee circuit; that Col. Nelson
did, in pursuance of tho authority thus given,,
organize and report a regimet as ready for
duty, early in September, and advised Gov.
Schley that the time had already arrived when
they should take the field to protect the people
trorn the In Jimis: that Gov. Schley and Gov.
Lumpkin (the Commissioner of the United-
States, the rcsid ng at New Echota, and hav
ing the means ot correct information) con
curred in the opinion that the raising and or
ganizing of the regiment under Col. Nelson
was producing the happiest, effect in removing
(he Indians from the country: and that Gov-
Schley' during the month of September, expres
sed his determination to arm this regiment
and cull it into active service. If there was
any ju.-tification whatever for the raising of this
regiment by Guv. Schley and Col. Nelson, at
the time they did, or any reliance to be placed
upon the opinions of Gov. Schlev, Col. Nel
son and the United States Commissioner, as
to the danger to be apprehended by our citizens
from the Cherokee Indians, and the happy
effect which this force had in inducing th<r
Indians to emigrate, I submit to the Legists*
lure whether it is proper now. w hen tiie time
for the removal of these Indians comes near
er. to withdraw from the Cherokee and ad
j lining countii s th? laigc force now marching
to Florida. Admitting that the employment
ot Col. Nelson to raise a regiment, and the
stationing of one company in each cf the-
Cherokee counties, had another purpose than
the delcnccofthc pcopl?, still fears must have
been created among them bv th.se warlike
preparatio is. I ndeed, there is no doubt that
it is highly necessary that every one capable
ot'bearing arms in the Cherokee counties
should, if possible, be at home, to keep down,
any disposition which the Indians may bavft
to do mischief.
Strong us I consider these objections to tha
adoption of the resolutions, they would prol*iu
bly nave been overcome by my disposition la
acquiesce in the will of the Legislature, but soy
others of a higher and more imperative chara
cter,
If the appropriation be made for the benefit
of the men described in the resolution, it can
not be for any services which they have ren
dered to the State, or in consideration of anv
services which’they are bound bylaw or con
tract to render hereafter. By the Constitution,
the General Assembly cannot, by resolution,
grant any donation or gratuity, in favor of any
person whatever, but by the concurrence of
two-thirds. If the money attempted to be
appropriated by the resolution is not for ser
vices aiready rendered to the Stale, nor hcre
alicr to be rendered, I do not perceive clearly
how the appropriation can be considered any
thing but a gratuity. This conclusion has
probably been intended to be avoided by tho
second resolution w hich orders that the monev
expended in pursuance of the appropriation
iu tho first resulmioii, shall be changed to the
Federal Government, and that the Governor
shall take the means to have the state reim
bursed. I cannot perceive by what rule of
right or law the State can expend money for
its own citizens, and charge the United
States, with it, whom their services have nei
ther been required by, nor rendered to tho
L uffed States. I should let! at a great loss