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CONGRESS.—IN SENATE, Jan. 23, 1840.
THE INDEPENDENT TREASURY BILL.
The following bill was talo n up for consideration,
the question being <»» its passage :
A BILL to pro'ide for the collection, sale-keeping,
transfer, ami disbursement of d e public r venue.
lie il enacts! b# /w.’ X Mite and H use of llepres n- i
(atives of lie C.-tilcd Stiles of Am idea .it Congress
assembled, That, there shall be prepared and provi
ded, within the new Treason boil ting now erectnic
at the seat of Government, suitable and «wnvetm nt ;
rooms for the use of the Treasurer of the United Stases, I
his assistants and clerk-; and sufficient ant secure j
fireproof vaults and safes, for the keepingot the pub
lic moneys in the possession and under the imrnr.liate |
control of the said'Treasurer : which said rooms, j
vaults, and safes, are hereby constituted and rb dared ,
to be, the Treasury of the t nited States. And the
said Treasurer of the Unitefl States shall keep all the
public moneys which shall come to bis hands in the j
Treasury of the United Stales, as hereby constituted, I
until the same are drawn thert l'tom according to law.
Sec. 2. And be it jurther enacted, That the Mint
■of the United States, in the city of Philadelphia, io ;
the State of Pennsylvania, and the Branch Mint, in 1
the city of New Orleans, in the State of Louisiana, ;
and the vaults and safes thereof, respectively, shall be j
places of deposits and safe keeping of the public mo-1
nevs at those points respectively; and tire Ihet-un
of the said Mint and Branch Mint respectively, for the
time being, shall have the custody ami care of all
public moneys dc;>ositcd witbin the Mime, and shad
perform all tile duties rvqmoed la be performed by
Pie ill, I iTTHV .-r-rrT-. .■♦n-r Ic<i pt, safe ki t ping,
fer ami disbursements of all such moneys, accordiej
to the provisions hereinafter contained.
Sec. 3. And be it further enacted, That there shall
he prepared and provided, wi'hin the custom-hrmu«
now erecting in the city of New York, in the State of
New York, and in the eitv of Boston, in the State of
Massachusetts, suitable and convenient rooms for the
use of the reccivers-nenera! of public moneys, herein
after directed to be appointed, at those place-, respec
tively; ami sufficient ami secure fiirproof vault. and
safes for the keeping of the public monevs collected
and deposited with them, respectively; and rccei v<rs
general of public money, from time to time, appoint
cd at those points, shall have the custody ami care of
the said rooms,*'aults, and safes, respectively, ami of
all the public moneys deposited within the same; am
shall perform all the duties r.-qu red to lie p• rfor
by them, in reference to the receipt, safe keeping,
transfer, and disbursement of ail such moneys, accor
ding to the provisions of this act.
Sec. 4. And be it further enu ted, That there sha'i
be erected, prepared, and provided, at the expense of
the United States, at the city of Charleston, in the
State of Sou'h Carolina, and at the ci'v of Sr. Louis,
in the State of Mi-souri, offices, with suitable and con
venient rooms'for the use of the receivcrs-general of'
public money hereinafter directed to be appointed at
the places above named; and sufficient and secure I
fireproof vaults and safes for th:* keeping of the public '
money collected and deposited at those points rcspec- !
lively; and the said reci ivers-gcner il, from time to
time appointed at those places,” shall have the cu-to- :
dy and care of the said offices, vaults, and safes, so to j
be erected, prepared, and provided, and of all the !
public moneys deposited within the same; and shall !
perform all the duties required to i e performed In
them, in reference to the receipt, s ife keeping, trans
fer, and disbursement of all such moneys, according i
to the provisions hereinafter contained.
Sec. 5. And b- if further enacted, That the Presi
dent shall nominate, and, by and with the advice and
consent of the Senate, appoint four officers, to be de
nominated “ receiver.—general of public money,”
which said officers shall hold their respective offices
term of four years, unless sooner removed
therefrom; one of which shall he located at tl e citv
of New York in the Stat ■ofN< w York; one oth> r
■ofwhich shall be located nt the city of Bo ton. in the
State of Mass :chusetts; one other of which shall he
located at the city of Charleston, in the S: t? of Smth
Carolina; and the remaining one of wbi Ji shall be
located at the city of St. Louis, in the State of Mis
souri; and all of which said officers s' all give bonds
to the United Stales, with sureties, according to the
provisions hereinafter contained, f>r the iTthftd dis
charge of the duties of weir respective offios.
Sec. 6. And be it further enacted, That the Trea
surer of the United States, the Treasurer of the Mint
of the United States, the Treasurers and those acting
as such.Jof the various Branch Mints, ail collectors of
the customs, all surveyors of the cus’oms acting also
as collectors, all rcceivers-gencral of public moneys,
all receivers of puldie moneys nt the several hnd offi
ces, and all postmasters, except as is hereinafter par
ticularly provided, be, and they are hereby, required
to keep safely, without loaning or using, all the public
money collected by them, or otherwise at any time
placed in their possession and custody, till the same is
ordered by the proper Department or officer of the
Government to be transfeired or paid on’; and when
such orders for transfer or payment are received,
faithfully and promptly to make the same as directed,
and to do and perform ail other duties as fiscal agents
of the Government, which maybe imposed by this or
any acts of Congress, or by any regulation of the
Treasury Department, made in conformity to h-v;
and also to do and perform all acts and duties requir
ed by law, or by direction of any of the Executive De
partments of the Government, as agents for paying
pensions, or for making any oiler disbursements
w hich either of the heads of dm, - Departments nay
be required by law to make, and which are of a char
acter to be made by the depositaries hereby constitu
ted, consistently with the other official duties imposed
upon them.
Sec. 7. And be it further enacted, That the Trea
surer of the United States, the Tieasun r of the Mint
of the United States, the Treasurer of the Branch
Mint at New Orleans, and the receive,al of
public money herein!)* fire directed to be appointed,
shall, respectively, give bonds to the United States’
in such form, and for such amounts, as shall be direct
ed by the Secretary of the Treasury, by and with the
advice and consent of the President, with sureties to
the satisfaction of the Solicitor of the Treasure and
shall, from lime to time, renew, strengthen, and in
crease their official bonds, as the Secretary of the '
Treasury, with the consent of the may di-'
reel; any law in reference to any of the official bonds
of any of the said officers to the contrary notwith
standing. !
Sec. 8. And be it further entitled, That it shall be
the duty of the Secretary of the Trea-ury, at as early
a day as possible after the passage of this act, to re
quire from the several depositaries hereby constituted,
and whose official bonds arc not hcrciidiefcre provi
ded for, to execute bonds new and suitable in their
terms to meet the new and increased duties imposed
upon them respectively by this act, and with sureties,'
and in sums such as shall seem reasonable and safe to '
the Solicitor of’the Treason, and from time to time
to require such bonds to be renewed and increased in i
amount and strengthened bv new sureties, to meet any '
inert using re-pon.-dbiliiy which mav grow out of accu
mulations of money in the hands of the depositary, or I
out of any oilier duty or responsibility arising under i
i dirs-or any other law of Congress.
See. y. And be il further eiuicled,- That all col
lectors and receivers of public money, of every char
acter and description, within tin' District of Columbia,
; shall, as frequently as they mav be directed by the
’ Secretary of the Treasury, or the Postmaster Gener
; al, so to do, pay over to the Treasmer of’the United .
States at the Treasury thereof, all public moneys col- i
let ted by them, or in their hands; that all such eollce- ■
tors and receivers of public tmmevs within tlie citie-
I of Philadelphia atul New Orleans, shall, upon tlw
same direction, pay over l > the Treasurers of' the
Mints in their respective cities, at the said Mints, all
public moneys collected by them, or i‘t their hands;
: ami that all such collectors and receivers of public
| moneys within the'cities ff New York, Boston,
’ Charleston, and St. L-mis, shall, upon the same di
rection, pay over to the refeiier-general of' public
money in their re.petive cite s, at their offices icsjm c
) lively, all the public money* collected by tfiem, or hi
I their hands, to Ixt safely kept bv the said respective
depositaries, until otberwi-e disposed of according to
law; ami it shall be the dirty of the said Secretary and
Postmaster General to direct such payments, by the
■■aid colfocto s and receivers at all the said places, at
least as often as once in eaci week, and as much more
frequently, hi all cases, as in their discretion,
"may think proper.
Sec. 10. And be it further enacted, That it shall
be lawful for tfoc Sei relary of the Treasury to trans-1
k r the moneys in the handsol any depositary h» reby
constituted, <o the Treasury of tbe United States, to
' the Mint al Philadelphia; to the Branch Hint atNew
Orleans; or to the offices of either of th • receivers
general of public moneys, by tins act die eted to be
appointed; to be there safely kept, aecmdmc to the
provisions ot this act; and also io transfer monevs in
the hands of any one depositary coustiiim d by thi
act to atty other d-positaiy cotistimti d by the same,
at his discretion, ami as the s.ifoiy of the public mo
neys, and tbe convenience of the public service stodl
seem to bi nto reqtiiri; which authority to transfer
the money s lr|i«-jmg to the Post Office Depart) cut
is abo hereby conferred upon the P>>stm is!t r General
so far as us exercise by him may be con-i-tt nt with
the provisi us of existing laws; and every depositary
constituted by this act shall ke p his actmunt of the
money paid to or dep ■siti <1 nidi him, to
the Post OiMee Depariment separate and distinct from
the account kept by him of other public nmnevs so
paid or deposited. And tor the purpose of payments
on the public account, it shall be I iwfitl for the Trea
surer of tl.e I nited Slates to draw upon any of the
. said depositaries, as he may think most conducive to
the public inteiests, or to the convenience of the pub
jliceie itors, or both.
See. 11. A.id be it fur:ftcr e;t <■! d, That the mo
neys in ihe hands ca;e, and custody, of any of the
I dep sitnries cons ituted by this act, shall he considi-r
--: cd ami held as deposited to the credit of the Treasu
rei of the United States, and shall be, at all times,
std ject to his drafi, whether made for transfer or dis
| biirsemeiit, in the same maimer as though the said
j moneys were actually in the Treasury of the United
| States; and each depositary shall make returns to the
j Treasury and post Ofiice Department of all motif vs
■ received and paid by him, at such times, ami in such
. j form, as shall be directed by the Secretary of th<
. Treasury, or the Postmaster Gem nil.
! Sec. 12. An Ibe it firth, r enacted, That the See-;
rotary of tire Treasury shall be, and he is hereby au- |
[ ihonscd tocausc examinations to be made < f the books, |
i accounts, and money on hand, of the several dvposi
; tarics cottst’f.tiled by this act, and for that purpose to!
; appoint special agents, as occasion mav require, with 1
i siti h c<impeiisati"H as Iw may think reason ible, to be
, i fixed ami declared at the time of car h app- i'itrnent. j
i'he ageots selected to m ike these examinations shall
be in-.tr cted to exam'ne as well tjie books, accounts, !
. and returns of the officer, as th? money on hand, and ,
the manner of its b’ fog kept, to the mid that unifotm- '
. ■ ity and accuracy in the accounts, as well as safetv to
. i the moneys, may be s-cured t ier hv.
Sec. 13. An I be it further enacted. That in nddi-;
. tion to the examinations provided for in th? last pr--- i
ceding section, and as a further cuaid over the pitbii” ;
moneys, it shall be ihe duty of each naval officer and
| surveyor, as a cheek upon the receiver general of pit!)- !
( lie moneys, or colfictor of the customs, of th. ir res-,
pectiic districts; ol’em h register of a I >ml offic ■ a* a
< heck upon the receiver of hi; land office ; ami of th !
director anti supei inl'iidi’fit of each Mint >nd Branch!
Alint when separate offices, as a check noon the Tr< n
suier?, respectively, o| the sai I .dints, or the persons
acting as sited’, at th*- dose o! < aeh quar'«T' fth ■ 'ear. !
and us much m. re fiequeiitly as if.'i shall hi- directed
by the Secremry of the Tie;)-m yto do so, to examine :
tin; books, aeco nlq returns, ai I money cn hrnrl, of!
the rccei'ers-gcweral of public imm-v, c- llcetois, re-1
o ivers of land offic =, treason rs, and p. rsons acting !
as such, and to make a full, accurate, and faithful re-j
j turn to theTrea airy Department of their condition.
i'ec. 14. And. be it further enacted, That th" said
officers rLp< ctively wlm.-r duty it is ma bv this act ■
to <ei < i-,.'. k«' ( p and di-burse ti e public mom vs, as
th- fiscal agents opthe Goxcrnm' n', may lie allowed
any necessary additional cxjierises for clerks, fin-proof
chests, or vaults, or other nec<s«ary expanses of safe
k> eping, tiar!.->;i iili;y , and disbm-.-ifig said mon"vs; all
such expen-es ofc very i haracter to be first expressly
authorised by rhe Secretary of the Tr'asurv, whose
diiectioss upon ail the above std jecis, by wav of re- !
i gulation and othi rwise, so far as authoris’d by law, !
are to be strictly followed by ail the suit! offiicrs:.
Provided, That the whole nnmlw r of cl: rks to be ap
pointed by virtue ol tns section i f this art, shall not j
exceed ten, and th it the aggtenatc comp ns-itions of
the w hole number shall not exceed eight thousand
dollars, nor shall the compensation of anv one clerk,
so appointed, exceed eight hundred dull <rs per annum.
Sec. I«. And be it jurther enacted, That the Sec
retary of the Treasury shill, with as much prompti
tude as the convenience of the public business, and (he
, sul-ty o| the public funds will permit, withdraw (he
I balances remaining with the present depositaries of;
the public moneys, and confine the sale keeping, I
■ transfer, and disbursement of those moneys ts the tie- (
j po,itari(>s established by ibis act.
' Sec. ft;. And be it further enacted, Tint all mar-1
: shalls, district attorneys, ami others, having public i
rnotiey to pay to tlie United Slates, and all patentees, |
wishing to make payment lor patents to be issued, ;
may pay all such moneys to the Treasurer of tin? Uni- j
ted States, at the Treasury, to the Treasurer of either j
o! the Mints, in Philadelphia or New Orleans, to eilh- ;
er ol the receivers general of public money, or to each !
other depositary constituted by this act as shall he de-
signaled by the Secretary of the Treasury, in other
parts of the United Slates, to receive such payments, ,
anti give receipts or certificates ofdep'isite therefor, i
Sec. 17. And be it further entteted, That all ofli-|
cers charged by this act with the safe keeping, trans- ■
ler and disbursement of the public moneys, others than |
those connected with the Post Office Department, are
hereby required to keep an accurate entry of each
sum received, and of the kind of money in which it is
received, ami of each payment or transfer, and of the
kind of currency in which it is m ide, and that if any
one cl the said officers or of those connected with the
Post Office Department, shall convert to his own use,
in any way whatever, or shall use byway of invest
i meni in any kind of property or merchandise, or shall
loan, with or without inter' -t, auv portion of’the pub
lic moneys, intru ted to him for safe keeping, dis
bursement, trwiysfer or for any other purpose, every
such act shall be deemed and ailjmlged to be an em
bezzlement of so much of the said moneys as shall be
thus taken, converted, invested, used, or loaned,
which is hereby declared to be a folony, and any offi
cer or agt in ol the United States, and all per.-ons ad
vising or participating in such act, l)e'>ng convicted
tbereid before any court of the United States of com
;M-t< nt.jurisdiction, shall be seHtenced to imprisanmeHt
for a term not less than six moutlis nor more than five
y ears, and to a fine equal to the amount of the money
riHh zzled. -
Sec. 18. And be. it further eutieted, That until llie
rooms, offices, vauhs, and -ales, di>ecte<l by the first
four sections ol this ad to lie consti ucted and prepnr- 1
ed fin - the u-e of the Treasurer of’tlte United States,
the Treasurers of tlte Mints at Philadelphia and New
' Orleans, and the receivers general of public mowey at
! New York, Boston, Charleston, and St. Louis, can
I be constritcied and prepared for use, it shall be the du
ty of (he Secretary of the Treasury to ;n-ocure suita
ble rooms fin- offices forth se officers at their respec
tive locations, and to contract for such use of vaults
■ ind safes as may be required for the safe keeping of i
the public money- in the charge and i-ustodi oftlio.se'
dti'ers respeciively, the expense to be paid bv the
United Stites.
Sec. 19. And be il further enacted, That from and
after the tuirtieth day ot June, which will be in the
year om- thousand eight hundred and forty, the reso
lution ot Congress ot ti e thirtieth day of April, in the
year one thousand eight hundred and sixteen, so far
as it autli uizes the receipt in payment of duties, tax
es, sales of public lauds, debts and sums of money, ac
cruing or becoming payable to the United States, to
be collected and paid in the notes of specie paying
banks, shall be so moi iSed as that one-fourth part of
all such duties, taxes, sales of public lands, debts, and
shims of money accruing or becoming due to the Uni
ted St ites, shall be collected in the legal currency of
the Unit'd States ; atul from ami aft r the thii ti-. th day
of Jone, "liich will he in the yi ar one thousand ticht
hundred and forty one, one fourth part of all such du
ties, taxes, sales of public lands, debts, and sums of
I be so collected ; and that from and after
j the thirtieth day of June, which " ill be in the year one
| thousand eight hundred anil forty two, one'other
fourth part of’ all such duties, t ties, sales of public
lands, debts, and sums of money, shall he so collected;
ami that from ami after the thirtieth day of June,
which will be in the year one thousand eight hundred
and forty three, the remaining fourth part of the said
duties, taxes, sales of public lands, debts and sums of
money, shall be also collected in the legal currency
of the United States ; and from and after the la-t men
tioned day, all sums accruing, or becoming pax aide
to the United States, for duties, taxes, sales of public
lands, or other debts, and also al! sums due for post
ages, or otherwise, to the Post Office Department,
■ shall be paid in gold and silver only.
Sec. 20. Ant be it farther enacted, That from and
jafer the thirtieth day of Jutie, which wid be it! the
| year one th-usand eight hundred and forty three,
every officer or agent engaged in making disburse
ments on accomt <>f the United States, or es the Gen
eral Post Office, shall make all payments in gold and
i silver coin only, and any receiving or di-bmsiug offi
; cer, or agent, who shall negle l, evade, or violate the
i provisions of this and the last preceding section of this
act, shall, by the Secretary o the 'freasnry, he im
mediately reported to the President of the Uni'ed
Sates, with the facts of such m-gbet, evasion, or vio
, lation, and also to Congress, if in session, and, if not
in session, at ti e commencement of its session next as
; ter t e violation takes place.
Sec. 21. And. bn it furth r enacted, That no ex
; change ol funds shall be m ole by any disbursing offi
cers, or agents of the Government, of any grade or
ilenomin 'troii what-oevei, or connected with auv
branch ol the public service-, other than an exchange
lor gold and silver; and every such disbursing ofii
c r, when the mea is for hi. di-b tr.-.cments are furnish
ed to him in currency leg illy receivable under the
provisions of inis act, shall make his paxments in the
< itriemy so fiirtii.-hed, or when those means are fur
nished to him in drafts, shall cause tbo-e drafts to be;
presented at their place ol payment ami properly paid ;
accordm -, to the I iw, and sh ill make bi- payments in
the cuueiicy so received for the drafts furnished, un
less, iu either case, be can exchange the means in his
hands for gold and silver al par, so as to facilitate his :
paymei ts, or otherwise accommodate the public scr-;
vice ami promote the circulation of a metallic cm ten- ■
cy : And it shall be, ami is hereby trade the duty of
the head of the pro|>er department immetliately to sus
pend from duty any disbursing officer who shill vio
late the provisions of this section, and lonic* ifh to re
port tlte name of the officer, or agent, to the Presi
dent, with tlte fact of th' 1 violation and all the circum
stances accompanying the same, ami within the know l
edge of the said Secretary, to the end that such offi
cer, or agent, may be promptly removed from office,
or restored to liis trust ami the performance of hi
duties, as to the President may seem just ami proper.
Sec. 22. Amt be it further enacted, That n shall
no be lawful for the Secretary of the Treasury to
rnaae or continue in force, any general order, which
shall create any difference Ittlwcen the different
bi am hcs of revenue, as to the funds or medium of
payment in which debts or dues accruing to the Unit
ed States may be paid.
Sec. 23. And be. it further enacted, That it shall
be the duty of ihe Secretary of the Treasury to issue
and publish requisitions to enforce the speedy presen
tation ol all government drafts for payment at the
place where payable, and to prescribe the time, ac
cording to the different distances of the depositaries
from the seat of government, within which all drafts
upon them, respectively, shall be presented for pay
ment ; ami in default of such presentation, to direct
any other mode and place of payment which he may
deem proper. But in all those regulations anil di
rections it shall be the duty of the Secretary of the
Trea-ury to guard, as far as may be, against those
drafts being used, or thrown into circulation, as a pa
per currency or medium of exchange.
Sec- 24. And be it further enacted, That the re-
i ceivers-general of public moneys directed by this act i
jto be appointed, shall receive, respectively, the fol
| lowing salaries, per annum, to be paid quai ti r yeai- ;
' ly, al the Treasury 4f the United States, to wit: the
receiver general of public mopey at New Xp,k shall!
j be paid a salary of four thousand dollars per annum ;
; the receiver general 4f public money at Boston shall
I be paid a salary of two thousand five hundred dollars
j per annum;-the refeiver-gs tteral of public money a'
; Charleston shall be jmid a salary of two thousand five
hundred dollars per annum; and the teceivet-general
of public money at Mi. Louis, shall be paid a salary
of two thousand fixe hundred dollars per annum; the
Treasurer of the Mini at Philadelphia shall, in addi
tion to bis present salary, receive five hundr-<1 dollars
annually for the performance of the duties imposed bx
this act; the Treasurer of the Branch .Mint at New
Orleans shall also receive one thousand dollars annu
ally lor the additional ifuties cieated bv this act; -o I
these salaries, tes| e< tiv elv, shall bv in fl II foi the »er
vices ol the respective officers, nor shall either ol them
be |M*rmitted to charge, or receive, any commis-ion,
pay, or peupiisite, for any official service, of any
character or description whatsoever; and the making
of any such charge, or the receipt of any such com
pensation, is hereby tied 'red to be a misdemeanor,
lor w hich the officer convicted thereof, b< fine any
court of tike. United States of competent*jurisdiction,
shall be subject io puHislnnent by fine, or imprison
ment, <>r both, at the discretion of the court before
i which the offence shall be tried.
1 Sec. 25. And be il further enacted, That the
Treasurer of die United States be, and he t» I'creby,
authorized to receive at the Trea-urv, ami al such
otlter points as be may designate, payments in ad
vance for public lands, (he payments -<» made, in all
cases, to be evukneed by the rec< ipt of the said
Treasurer of the United Siittes; which receipts so giv
en shall be receivable for public lands, at any public
or private sale of lands, in the same maimer as the
currency authorized by law to be received in pay
ment for the public lands: Prvritled houerer, That
the lectipts given by the Treasurer of the United
: States, pnrsuant to the aulhorrty conferred in this sec
tion, shad not be negotiable or transferable, by deliv
ery, or assignment, or in any ottter maimer whatsoev
er, but shall, io ail case.-, be presrn ed in payment for
lands by or for the person to whom the receipt was
given, as shown upon its five.
See. 2(5. And be it further enacted, That for the
purchase of sites, and for the cons.ruction of the offi
ces of the receiv ers-geueral of public money, bv thi
act directed to be erected at Charleston, South Caro
lina, and at St. Louis, Missouri, there shall be, and
hereby is, appropriated, to be paid out of any inottcv
in the Treasury not other" i-e appropriated, tlte sum
of ten thousand dollars, to be expended under the di
recti >n of the S'-, r -tary "f the Treasury, who is here
by required to adopt plans for the said offices, and the
vaults and safes conn, r ed therewith, am! to cause the
same to be constructed ami prepared for use with as
little delay as shall be coioi-tent with the public iti
teiest-- and the conv (nienl location and sccttritv of
' th'- buildings to be erected : Prorid d, kou'evi r, That
if the Secretary of the Treasury shad find, upon in
quiry and examination, that suitable rooms for the
u.e of the rccei ver-general al Chai lesion can be ob
tained m tin’ custom-house now owned by the United
Stales al that place, and that secure vaults am( safes
can he constructed in that buiidiiig forth" safe kec|>-
itig of th" public money, then he sh ill cause sm h
rooms t > b-- prepared and fitted up, and s+uh vaults
and safi's to he constructed in the custom-house at
Charleston, and tto independent office shall be there
et e< t< d.
Sec. 27. Atul be it further enacted, That, for the
payin' ul of the expenses authorized by this act, rttber
than those herein Ijefore provided for, a sufficient sum
of money be, ami the same is lierehv, appropriated,
to Ite paid out ol'imy money in the Treasury not oth
er" i-e appropriated.
Sec. 28. b - it further enacted, That all acts
or parts ot acts which come in conflict with the pr.o
vi-ions of this act be, and the same are herebv, re
pealed.
Mr. HENDERSON opposed tire bill at great
lent: th.
Mr. TAPPAN said that he was desirous of expres
sing his opinions on the bill, but if it was the wish of
the Senate to take the question <m i<- pas-age ir w, he
would not interpose, if it was intended, however, to
continue the debate, I e would yield the floor to any
gentleman who wished to address the Senate.
Air. SMITH, of Indiana, then rose and submitted
his reasons for voting against the hili.
Mr. MERRICK said he intended to address the
Semite on this measure, hot as.it was now lite, being
a quarter past three o’clock. Ire moved that the Senate
do now adjourn.
The y eas and nays being dema "led, the question
was decided in the negaliv.—vea- ls«, uav- 21.
Air. MERRICK then proceeded to m!.b« -s the
; Senate in opposition to the lull.
Air. SMITH o! Indiana, for she purpose of testing
the sense of the Senate as to wltvtiwr llie question
■ should betaken on the passage of the bill this evening,
moved that the Senate adjourn.
The ayes ami noes being demanded, the question
! was decided in die negative—ayes IS, nees 23.
j Air. MERRICK then eom’lmled his remarks, ami
was followed by Air. DAVIS, also in opposition to
the bill.
Tlte question was then taken on the pa. sage i*f the
bill, and deckled in the affirmative—ayis 24, nms 18, ;
as (oil ovs:
YEAS—Messrs. Allen, Benton, Brown, Buch
anan, Calhoun, Clay of Alabama, Cuthbert, Fulton,
Grundy, Hubbard, King, Linn, Lumpkin. Mouton,
Norvell, Pi> rce, Roane, Sevier, Smith of Connecti
cut, Sirange, Tappan, Walker, Williams, and Wright
—24.
NAYS—Tilessrs. Betts, Clay of Kentucky, Clay
ton, Crittenden, Davis, Dixon, Hend"rson, Knight,
Alerrick, Nicholas, Phelps, Prentiss, Preston, Rob
inson, Ruggles, Smith of Indiana, White, and Young
IS. Sotbebill was passed.
On motion,
The Senate adjourned.
SLANDER.—It is a poor soul that cannot hear j
slander. No decent man gets along without it—at
least none that are actively engaged in tin* struggle of
business fife. Have you a bad fellow in your employ
ment, and discharged him, he goes round and slanders
you ; refuse anoth' r some very modest boon, which he
has asked, be goes round and slanders you ; let your
conduct be such as to create the envy of another, he
goes round and slanders you. In fine, as we said be
fore, we would not give a cent for a person who is
not slandered ; it shows that he is either a milk-sop
or a fool. No—no—earn ah id name from a bad
fellow, (and you can easily do so by correct conduct,)
it K tlte only way to prove that you are entitled to aj
good one. '
MAINE BOUNDARY QUESTION.
We regret to find that the signs of the times are
not now so auspicious for a speedy and amicable ad
justment of this difficulty, as they were some months
I ago.
The accumulation of troops by the British authori
! tics, upon the disputed territory, is awakening ihe
jealousy of the people of Maine, and arousing a spirit
not very favorable to calm discussion. We have read
a portion of the correspondence upon the subject,
from which we have selected the letter of Mr. Fox,
the British Minister, of the 12th instant, to Mr. For
syth; and Mr. Forsyth’s reply, of the 16th instant—
Horn which onr readers will collect a pretty clear idea
of the state and temper of the controversy.
MR. FOX TO MR. FORSYTH.
Washington, Jun. 12, 1340.
Tlie undersigned, her Britannic Majesty’s Envoy
Extraordinary and Minister Plenipotentiary, has the
honor to ackm wledge the receipt tT the official note
addrt s.-ed to him by the Secretary of State of the
United States, on the 24th of December, in reply to a
previous note, which, by direction of his Govern
ment, the undersigned had addressed to the Secretary
of State on the 2d of November, in relation to various
and continued acts of encroachment committed by the
authorities and inhabitants of the Slate of Maine, with
in that tract of territory on the norih-eastern frontier
of the United States, the true title to the possession of
which, according to the terms of the treaty of 1783, is
at present in dispute between the British and Ameri
can Governments.
The undersigned haslost no time in transmitting to
her .Majesty’s Government the official note of the Se
cretary ol Slate. He has, in the meantime, to express
his extreme regret that tlte explanations furnished by
the authorities of the State of Alaine, and communi
cated to the undersigned by the Secretary of State, in
relation to the encroachments complained of, both as
regards the constructi m of roads and public wotks,
and the sale ami alienation of land, are of a character
which must render them abogmber unsatisfactory to
the Government of Great Britain. It would appear,
iu fact, as if a reference by tlie General Government
to die authorities of Maine, of tlte complaints prefer
red by Great Britain, had produced no other reply or
explanation from the authorities of Maine, limn a rei
teration of their intention to persist in the commission
oftlte acts complained of, w hether iu accordance with
tlie obligations of international justice or not.
The undersigned does not permit himself to relin
quish the hope tlmt, through tlie wisdom ami integrity
ot' the General Government of the United States, in
unison with the sincere endeavors of her Alajesty’sGo
vernment, it will still be found possible to tiring the '
pending controversy of the disputed boundary to a sa
tisfactory and amicable conclusion ; but it is cei tain
that the public acts, and public declarations of theau
‘ thoritivs of Alaine, are continually'calculated, as far
I as in them lies, to render sm h amicable conclusion
i more difficult and more distant.
With r< lereme to the concluding part of the official
j no;e »f the Secretary of State, wherein observations
| are made upon certain reported movements of British
j troops in the neighborhood ol Lake Temiscouata,and
;al oilier points within that portion of the territory
■ vrlkere, according to the provisional agreementsenter
; ed into at the beginning of last year, no interference
"as to be attempted, with the exercise of British au
th’-rity, pending the negotiation of the boundary
question, the undersigned can distinctly assure the Se-
I cretarv ol State that there exists no intention on the
j part of her Alajesty’s authoi ities to cancel or .infringe
die terms of those provisional engagements, so long
as the same are observed with fidelity by the other
] >*ity. »
Tlie particular motives, and the amount of the pre
sent movement of troops, have been explained in n
frank and satisfactory manner to tlie Governor of
Mattie by the Lieutenant Governor of New Bruns
wick, in a correspondence which has been made pttb
{ lie, and which, it appears, has been officially com
! mimicated by the Governor of Alaine to the President
of tlie United States.
With regard, however, generally to the reinforce
ment of military posts, and other defensive and pre
cautionary measures, whether along the confines of
the disputed territory, or within that portion of it
•s here, according to th»' provisional agreements before
cited, the authority of Great Britain was not to be
m.ertered with, the undersigned has to observe, that
th" adoption of such measures by her Alajesty’s autho
rities cannot be, with reason, objected to or complain
ed of by the Government of the United States, when
reg.trd is had to the reports which have for some time
pa.-l been circulated, (and of the prevalence and con
si t' ncy of those reports the United States Govern
ment are themselves fully aware,) respecting the pro
bable intention of the Legislature of the State of
Maine to revoke, during its present session, the pro
visional agreemt ut now in force, and to authorize
some new and extensive act of aggression over the
stipulated territory. And the undersigned has regret
ted to observe that the language of the Governor of
Maine, in his recent message to the Legislature, at
the opening of the session, is calculated to encourage
rather than to restrain such rash and obnoxious de
signs.
Tl>e undersigned avails himself of this occasion to
rejieat to the Secretary of Slate of the United States
the assurance of his distinguished consideration.
H. S. FOX.
Tlte Hon. John Forsyth, &.c., kc., kc.
MR. FORSYTH TO MR. FOX.
Department of State,
Washington, Jan. 16, 1840.
In a note which Air. Fox, Envoy Extraordinary
and Alinister Plenipotentiary of Great Britain, ad
dressed on the 12th instant to the undersigned, Secre
tary of State of the United States, Air. Fox, alluding
to a complaint made by the undersigned of certain re
ported movements of British troops in portions of the
territory in dispute between the two countries, dis
claims all intention on the part of the British authori
ties to cancel or infringe the terms of the provisional
agreement entered into at the beginning of last year ;
and this disclaimer is connected with an assumption of
the right of Great Britain to strengthen posts, and
take measures o (military) precaution, not along the
line only,but within portions of the disputed territory,
as, by the terms of the agreements referred to, no in
terference was to he attempted pending the negotia
tion of the boun'daiy question, with the exercise of
British authority in the neighborhood of Lake Temis
couata, “ and al other points” within a portion of the
territory supposed to be embraced in the terms of the
arrangements. .Mr. Fox having stated that he has re
ferred to his Government the representations of the
United States against the military movements alluded
to, the undersigned, under aconiident expectation that