hundred millions of dollars; a currency which had lately stood two revolutions and one conquest, without the least fluctuation in its quantity or value. New Orleans, he said, occupied the most felicitous point in America for a mint. It was at the point of reception and diffusion. The specie of Mexico came there; and when there, it ascended the river into the whole West. It was the market city-the emporium of the Great Valley; and from that point every exporter of produce could receive his supply and bring it home. Mr. B. reiterated that this was a question of currency; of hard money against paper; of gold against United States Bank notes. It was a struggle with the paper system. He said the gold bill was one step; the branching the mint would be the second step; the suppression of all notes under twenty dollars would be the third step towards getting a gold and silver currency. The States could do much towards putting down small notes; the federal government could put them down, by putting the banks which issued them under the ban; or, what was better, and best of all, returning to the act of 1789, which enacted that the revenues of the federal government should be received in gold and silver coin only. The question was then put on Mr. Clay's motion for indefinite postponement-and failed -16 yeas to 27 nays. Further strenuous exertion was made to defeat the bill. Mr. Clay moved to postpone it to the ensuing weekwhich, being near the end of the session, would be a delay which might be fatal to it; but it came near passing-20 yeas to 22 nays. A motion was made by Mr. Clay to recommit the bill to the Committee of Finance-a motion equivalent to its abandonment for the session, which failed. Mr. Calhoun gave the bill an earnest support. He said it was a question of magnitude, and of vital importance to the South, and deserved the most serious consideration. Yet, he was sorry to say, he had seen more persevering opposition made to it than to any other measure for the last two years. It was a sectional question, but one intended to extend equal benefits to all the States-Mr. Clay said, if there had been resistance on one side, there had also been a most unparalleled, and he must say, unbounded perseverance on the other. He would repeat that in whatever light he had received the proposed measure, he had been unable to come to any other conclusion than this, that it was, in his humble judgment, delusive, uncalled for, calculated to deceive the people-to hold out ideas which would never be realized;—and as utterly unworthy of the consideration of the Senate.-Mr. Calhoun was astonished at the warmth of Mr. Clay on this question-a quesas much sectional in one point of view, as a measure could be, but national in another. Let senators say what they would, this government was bound, in his opinion, to establish the mints which had been asked for. Finally, the question was taken, and carried-24 to 19-the yeas being: Messrs. Benton, Bibb, Brown, Calhoun, Cuthbert, Hendricks, Kane, King of Alabama, King of Georgia, Leigh, Linn, Mangum, Morris, Porter, Preston, Robinson, Ruggles, Shepley, Tallmadge, Tyler, Waggaman, Webster, White, Wright. The nays were: Messrs. Bell of New Hampshire, Black of Mississippi, Buchanan, Clay, Clayton, Ewing, Frelinghuysen, Goldsborough, Isaac Hill, Knight, McKean, Naudain, Robbins, Silsbee, Smith, Southard, Swift, Tipton, Tomlinson. The bill was immediately carried to the House of Representatives; and there being a large majority there in favor of the hard money policy of the administration, it was taken up and acted upon, although so near the end of the session; and easily passed. CHAPTER CXXVI. REGULATION DEPOSIT BILL. THE President had recommended to Congress the passage of an act to regulate the custody of the public moneys in the local banks, intrusted with their keeping. It was a renewal of the same recommendation made at the time of their removal, and in conformity to which the House of Representatives had passed the bill which had been defeated in the Senate. The same bill was sent up to the Senate again, and passed by a large majority: twenty-eight to twelve. The yeas were: Messrs. Benton, Black of Mississippi, Calhoun, Clayton of Delaware, Cuthbert of Georgia, Ewing of Ohio, Frelinghuysen, Golds borough, Kent, Knight, Leigh, Linn, McKean, temper of the House, and that it intended to Mangum, Moore, Alexander Porter, Prentiss, vindicate the rights of our citizens, if necessary, Preston, Robbins, Robinson, Smith, Southard, Swift, Tomlinson, Tyler, Waggaman, Webster, Wright. The nays were: Messrs. Bibb, Brown, Buchanan, Hendricks, Hill, Kane, King of Alabama, Morris of Ohio, Poindexter, Ruggles, Shepley, Tallmadge. And thus, the complaint ceased which had so long prevailed against the President, on the alleged illegality of the State bank custody of the public moneys. These banks were taken as a necessity, and as a halfway house between the Bank of the United States and an Independent treasury. After a brief sojourn in the intermediate abode, they passed on to the Independent treasury-there, it is hoped, to remain for ever. CHAPTER CXXVII. DEFEAT OF THE DEFENCE APPROPRIATION, at the expense of war. Accordingly an appro priation of three millions of dollars was inserted by the House in the general fortification bill to enable the President to make such military and naval preparations during the recess of Congress as the state of our relations with France might require. This appropriation was zealously voted by the House: in the Senate it met with no favor; and was rejected. The House insisted on its appropriation: the Senate "adhered" to its vote: and that brought the disagreement to a committee of conference, proposed by the House. In the mean time Congress was in the expiring moments of its session; and eventually the whole appropriation for contingent preparation, and the whole fortification bill, was lost by the termination of the Congress. It was a most serious loss; and it became a question which House was responsible for such a misfortuneregrettable at all times, but particularly so in the face of our relations with France. The starting point in the road which led to this loss was the motion made by Mr. Webster to "adhere"-a harsh motion, and more calculated to estrange than to unite the two Houses. Mr. King, of Alabama, immediately took up the mo tion in that sense; and said: "He very much regretted that the senator from Massachusetts should have made such a motion; it had seldom or never been resorted to until other and more gentle means had failed to produce a unity of action between the two Houses. At this stage of the proceeding it would be considered (and justly) harsh in its character; and, he had no doubt, if sanctioned by the Senate, would endanger the passage of the bill altogether. Are greatly exasperate the other House, and probably gentlemen, said Mr. Mr. K., prepared for this? Will they, at this particular juncture, in the present condition of things, take upon themtion of this bill might involve? For himself, if selves such a fearful responsibility as the rejec your forts are to be left unarmed, your ships unrepaired and out of commission, and your whole sea-coast exposed without defences of any kind, the responsibility should not rest upon his shoulders. It is as well, said Mr. K., to speak plainly on this subject. Our position with re THE President in his annual message at the commencement had communicated to Congress the state of our relations with France, and especially the continued failure to pay the indemnities stipulated by the treaty of 1831; and had recommended to Congress measures of reprisal against the commerce of France. The recommendation, in the House of Representatives, was referred to the committee of foreign relations, which through their chairman, Mr. Cambreling, made a report adverse to immediate resort to reprisals, and recommending contingent preparation to meet any emergency which should grow out of a continued refusal on the part of France to comply with her treaty, and make the stipulated payment. In conformity with this last recommendation, and at the suggestion of Mr. John Quincy Adams, it was resolved unanimously upon yeas and nays, or rather upon yeas, their being no nays, and 212 members voting "That in the opinion of this House, the treaty of the 4th of July 1831 with France be main-gard to France was known to all who heard him tained, and its execution insisted upon:" and, with the like unanimity it was resolved-"That preparations ought to be made to meet any emergency growing out of our relations with France." These two resolutions showed the to be of such a character as would not, in his opinion, justify prudent men, men who look to the preservation of the rights and the honor of the nation, in withholding the means, the most ample means, to maintain those rights and preserve unimpaired that honor. "Mr. K. said, while he was free to confess that the proposed appropriation was not in its terms altogether as specific as he could have wished it, he could not view it in the light which had, or seemed to have, so much alarmed the senator from Massachusetts, and others who had spoken on the subject. We are told, said Mr. K., that the adoption of the amendment made by the House will prostrate the fortress of the constitution and bury under its ruins the liberties of the people. He had too long been accustomed to the course of debate here, particularly in times of high party excitement, to pay much attention to bold assertion or violent denunciation. In what, he asked, does it violate the constitution? Does it give to the President the power of declaring war? You have been told, and told truly, by my friend from Pennsylvania [Mr. Buchanan], that this power alone belongs to Congress; nor does this bill in the slightest degree impair it. Does it authorize the raising of armies? No, not one man can be enlisted beyond the number required to fill up the ranks of your little army; and whether you pass this amendment or not, that power is already possessed under existing laws. Is it, said Mr. K., even unprecedented and unsual? A little attention to the history of our government must satisfy all who heard him, that it is neither the should be carried must, from the very necessity of the case, be left to the sound discretion of the President. From the position he occupies, no one can be so competent to form a correct judgment, and he could not, if he would, apply the money to other objects than the defences of the country. Mr. K. said he would not, at this last moment of the session, when time was so very precious, further detain the Senate than to express his deep apprehension, his alarm, lest this most important bill should be lost by this conflict between the two Houses. He would beg of senators to reflect on the disastrous consequences which might ensue. He would again entreat the senator from Massachusetts to withdraw his motion, and ask a conference, and thus leave some reasonable ground for hope of ultimate agreement on this most important subject." The motion was persisted in, and the "adherence" carried by a vote of twenty-nine to seventeen. The yeas and nays were: YEAS.-Messrs. Bell, Bibb, Calhoun, Clay, Clayton, Ewing, Frelinghuysen, Goldsborough, Hendricks, Kent, Knight, Leigh, Mangum, Moore, Naudain, Poindexter, Porter, Prentiss, Preston, Robbins, Silsbee, Smith, Southard, Swift, Tomlinson, Tyler, Waggaman, Webster, White.-29. NAYS.-Messrs. Benton, Brown, Buchanan, "During the whole period of the administra- Cuthbert, Grundy, Hill, Kane, King of Alabama, tions of General Washington and the elder King of Georgia, Linn, McKean, Ruggles, RobAdams, all appropriations were general, apply-inson, Shepley, Tallmadge, Tipton, Wright.ing a gross sum for the expenditure of the one nor the other. ent departments of the government, under the direction of the President; and it was not till Mr. Jefferson came into office, that, at his recommendation, specific appropriations were adopted. Was the constitution violated, broken down, and destroyed, under the administration of the father of his country? Or did the fortress to which the senator from Massachusetts, on this occasion, clings so fondly, tumble into ruin, when millions were placed in the hands of Mr. Jefferson himself, to be disposed of for a designated object, but, in every thing else, subject to his unlimited discretion? No, said Mr. K., our liberties remained unimpaired; and, he trusted in God, would so remain for centuries yet to He would not urge his confidence in the distinguished individual at the head of the government as a reason why this amendment should pass; he was in favor of limiting executive discretion as far as practicable; but circumstances may present themselves, causes may exist, which would place it out of the power of Congress promptly to meet the emergency. whom, then, should they look? Surely to the head of the government-to the man selected by the people to guard their rights and protect their interests. He put it to senators to say whether, in a possible contingency, which all would understand, our forts should not be armed, or ships put in commission? None will venture to gainsay it. Yet the extent to which such armament come. Το 17. Upon being notified of this vote, the House took the conciliatory step of "insisting;” and asked a "conference." The Senate agreed to the request-appointed a committee on its part, which was met by another on the part of the House, which could not agree about the three millions; and while engaged in these attempts at concord, the existence of the Congress terminated. It was after midnight; the morning of the fourth of March had commenced; many members said their power was at an end-others that it would continue till twelve o'clock, noon; for it was that hour, on the 3d of March, 1789, that the first Congress commenced its existence, and that day should only be counted half, and the half of the next day taken to make out two complete years for each Congress. To this it was answered that, in law, there are no fractions of a day; that the whole day counted in a legal transaction: in the birth of a measure or of a man. The first day that the first Congress sat was the day of its birth, without looking to the hour at which it formed a quorum; the day a man was born was the day of his birth, and he counted 556 from the beginning of the day, and the whole day, and not from the hour and minute at which he entered the world—a rule which would rob all the afternoon-born children of more or less of the day on which they were born, and postpone their majority until the day after their birthday. While these disquisitions were going on, many members were going off; and the Senate hearing nothing from the House, dispatched a message to it, on the motion of Mr. Webster, "respectfully to remind it" of the disagreement on the fortification bill; on receiving which message, Mr. Cambreleng, chairman of conference, on the part of the House, stood up and said: was, and at this hour in the morning; but if any other member of the committee of conference proposed to do it, he should make no objection, though he believed such a proposition utterly ineffectual at this hour; for no member could, at this hour in the morning, be compelled to vote." Many members said the time was out, and that there had been no quorum for two hours. A count was had, and a quorum not found. The members were requested to pass through tellers, and did so: only eight-two present. Mr. John Y. Mason informed the House that the Senate had adjourned; then the House did the samemaking the adjournment in due form, after a vote of thanks to the speaker, and hearing his part CHAPTER CXXVIII. DISTRIBUTION OF REVENUE. "That the committee of conference of the two Houses had met, and had concurred in an amend-ing address in return. ment which was very unsatisfactory to him. It proposed an unconditional appropriation of three hundred thousand dollars for arming the fortifications, and five hundred thousand dollars for repairs of and equipping our vessels of war-an amount totally inadequate, if it should be required, and more than was necessary, if it should not be. When he came into the House from the conference, they were calling the ayes and noes on the resolution to pay the compensation due the gentleman from Kentucky (Mr. Letcher). He voted on that resolution, but there was no quorum voting. On a subsequent proposition to adjourn, the ayes and noes were called, and again there was no quorum voting. Under such circumstances, and at two o'clock in the morning, he did not feel authorized to present to the House an appropriation of eight hundred thousand dollars. He regretted the loss, not only of the appropriation for the defence of the country, but of the whole fortification bill; but let the responsibility fall where it ought-on the Senate of the United States. The House had discharged its duty to the country. It had sent the fortification bill to the Senate, with an additional appropriation, entirely for the defence of the country. The Senate had rejected that appropriation, without even deigning to propose any amendment whatever, either in form or amount. The House sent it a second time; and a second time no amendment was proposed, but the reverse; the Senate adhered, without condescending to ask even a conference. Had that body asked a conference, in the first instance, some provision would have been made for defence, and the fortification bill would have been saved before the hour arrived which terminated the existence of the present House of Representatives. As it was, the committees did not concur till this House had ceased to exist-the ayes and noes had been twice taken without a quorum-the bill was evidently lost, and the Senate must take the responsibility of leaving the country defenceless. He could not feel authorized to report the bill to the House, situated as it PROPOSITIONS for distributing the public land revenue among the States, had become common, to be succeeded by others to distribute the lands themselves, and finally the Custom House revenue, as well as that of the lands. The progress of distribution was natural and inevitable in that direction, when once begun. Mr. Calhoun and his friends had opposed these proposed distributions as unconstitutional, as well as demoralizing; but after his junction with Mr. Clay, he began to favor them; but still with the salvo of an amendment to the constitution. With this view, in the latter part of the session of 1835, he moved a resolution of inquiry into the extent of executive patronage, the increase of public expenditure, and the increase of the number of persons employed or fed by the federal government; and he asked for a select committee of six to report upon his resolution. Both motions were granted by the Senate; and, according to parliamentary law, and the principles of fair legislation (which always accord a committee favorable to the object proposed), the members of the committee were appointed upon the selection of the six which he wished. They were: Messrs. Webster, Southard, Bibb, King of Georgia, and Benton-which, with himself, would make six. Mr. Webster declined, and Mr. Poindexter was appointed in his place; Mr. South ard did not act; and the committee, consisting against the report: and Mr. Benton followed of five, stood, politically, three against the ad- Mr. King on the same side. On the subject of ministration-two for it; and was thus a frustra- the increase of expenditures doubled within the tion of Mr. Calhoun's plan of having an impartial time mentioned, he showed that it came from committee, taken equally from the three politi- extraordinary objects, not belonging to the excal parties. He had proposed the committee penses of the government, but temporary in upon the basis of three political parties in the their nature and transient in their existence; Senate, desiring to have two members from each namely, the expenses of removing the Indians, party; giving as a reason for that desire, that the Indian war upon the Mississippi, and the he wished to go into the examination of the im- pension act of 1832; which carried up the revoportant inquiry proposed, with a committee free lutionary pensions from $355,000 per annum to from all prejudice, and calculated to give it an $3,500,000-just tenfold-and by an act which impartial consideration. This division into three the friends of the administration opposed. He parties was not to the taste of all the members; showed also that the increase in the number of and hence the refusal of some to serve upon persons employed, or supported by the governit. It was the first time that the existence of ment, came in a great degree from the same three parties was proposed to be made the basis measure which carried up the number of penof senatorial action, and did not succeed. The sioners from 17,000 to 40,000. On the subject actual committee classed democratically, but of the illegal custody of the public moneys, it with the majority opposed to the administration. was shown, in the first place, that the custody At the first meeting a sub-committee of three was not illegal; and, in the second, that the dewas formed-Mr. Calhoun of course at its head posit regulation bill had been defeated in the -to draw up a report for the consideration of Senate by the opponents of the administration. the full committee: and of this sub-committee Having vindicated the administration from the a majority was against the administration. Very charge of extravagance, and the illegal custody soon the committee was assembled to hear the of the public moneys, Mr. Benton came to the report read. I was surprised at it-both at the main part of the report-the surplus in the treaquickness of the preparation and the character sury, its distribution for eight years among the of the paper. It was an elaborate, ingenious States (just the period to cover two presidential and plausible attack upon the administration, elections); and the proposed amendment to the accusing it of having doubled the expenses of constitution to permit that distribution to be the government-of having doubled the number made: and here it is right that the report should of persons employed or supported by it-of hold-be allowed to speak for itself. Having assumed ing the public moneys in illegal custody-of ex- the annual surplus to be nine millions for eight ercising a patronage tending to corruption-years-until the compromise of 1833 worked the whole the result of an over full treasury, which there was no way to deplete but by a distribution of the surplus revenue among the States; for which purpose an amendment of the constitution would be necessary; and was proposed. Mr. Benton heard the reading in silence; and when finished declared his dissent to it: said he should make no minority report-a kind of reports which he always disliked; but when read in the Senate he should rise in his place and oppose it. Mr. King, of Georgia, sided with Mr. Benton; and thus the report went in. Mr. Calhoun read it himself at the secretary's table, and moved its printing. Mr. Poindexter moved an extra number of 30,000 copies; and spoke at length in support of his motion, and in favor of the report. Mr. King, of Georgia, followed him out its problem;—that this surplus was inevitable, and that there was no legitimate object of federal care on which it could be expended, the report brought out distribution as the only practical depletion of the treasury, and the only remedy for the corruptions which an exuberant treasury engendered. It proceeded thus: "But if nosubject of expenditure can be selected on which the surplus can be safely expended. and if neither the revenue nor expenditure can, next inquiry is, what is to be done with the under existing circumstances, be reduced, the surplus, which, as has been shown, will probably equal, on an average, for the next eight years, the sum of $9,000,000 beyond the just wants of the government? A surplus of which, unless means of reducing the patronage of the Execusome safe disposition can be made, all other tive must prove ineffectual. |