H. OF R.]

President's Message-Reference to Committees.

All were referred, without question, until the sixth resolution was arrived at, which was in these words:

66

Resolved, That so much of the said Message as relates to the public debt, the revenue, its security, and collection, the Bank of the United States, and the organization of a bank founded on public and individual deposits, be referred to the Committee of Ways and Means.'

[DECEMBER, 1830.

the public mind, throughout every portion of the Union. He conceived it as only respectful to the President, when such a subject was by him officially recommended to the attention of Congress, to place it in such an attitude as should secure to it a calm investigation by persons who had not prejudged it. Mr. W. said he would not disguise the fact that his own views in relation to the rechartering of the

Mr. WAYNE moved to amend the said resolu-present bank were such as would induce him tion, by striking out the words "the Bank of the United States, and the organization of a bank founded on public and individual deposits," and at the end of the said resolution to add the following:

"And that so much of the said Message as refers to the Bank of the United States, and to the organization of a bank as a branch of the Treasury Department, be referred to a Select Committee."

to vote against it in every event; but what he wished at present was, that the House might ascertain whether it was practicable or not to organize an institution resting on the funds of the country, which, while it secured all the advantages intended to be attained by the existing bank, should avoid the dangers with which that establishment was by many conceived to be fraught. The inclination of his own mind was to the opinion that this was practicable; but he desired, at all events, that the question should be submitted to those who would go to its discussion untrammelled by any previous judgment. It was not from any feeling of hostility to the bank that he was induced to desire fifty-this, but from a wish for fairness in the treatment of the subject itself, and from respect to a communication made to Congress by the Chief Magistrate.

Mr. TAYLOR moved for a division of the question, so that the sense of the committee should first be had on striking out.

The motion was agreed to; and,
The question being put by the Chair,
It was decided in the negative-only
four rising in favor of striking out.

The remainder of the resolutions were then severally agreed to.

The committee then rose, and reported the resolutions as amended to the House.

The question being stated from the Chair to agree to the resolutions, as amended in committee,

Mr. WAYNE moved that the question be put on agreeing to all but the sixth.

No objection being made, the question was so taken, and all the resolutions were agreed to by the House, with the exception of the sixth. Mr. WAYNE now renewed the motion which he had made in Committee of the Whole.

Mr. CHILTON, of Kentucky, said, that whilst he had, he trusted, a proper regard for the President of the United States, he had some regard also for the committee to whom it was proposed to refer this subject. He did not himself feel any particular interest in this matter, either for or against the bank. But, at the last session of Congress, a very able report upon the subject had been made by the Committee of Ways and Means, which he had no doubt placed the subject in as fair a point of view as it could be placed by a select or any other comMr. WAYNE, in supporting this motion, apol-mittee. He had heard no sufficient reason why ogized for troubling the House with a remark the subject should now be taken out of the or two on this topic, at so early a period of the hands of that committee. As this subject, session. The first communication made to moreover, had been heretofore referred to the Congress by the present Executive, (at the last Committee of Ways and Means, to give it a session,) intimated a doubt in his mind as to different direction now, would be to cast a rethe propriety of rechartering the existing Bank flection on that highly respectable committee, of the United States. The portion of his Mes- at the head of which stands a gentleman whose sage on this subject had been referred to the character for firmness on the one hand, and Committee of Ways and Means, who submitted integrity and abilities on the other, could not to the House a report, in which they exhibited be questioned. Mr. C. was therefore opposed at great length their views, which were op- to the amendment. posed to those expressed by the President. Should the present portion of his Message be referred to the same committee, unless some great and unexpected change had taken place in their opinion since the last session, the subject would be met by men whose minds were already made up, whose sentiments had been publicly expressed, and who, therefore, could not be expected to give it that fair and unbiassed consideration which its great importance demanded. The importance of the question touching the bank must be acknowledged by every one, as well as its agitating effect on

Mr. CONDICT, of New Jersey, desired that the question on Mr. WAYNE's amendment should be taken by yeas and nays, and it was ordered accordingly to be so taken.

Mr. DAVIS, of South Carolina, proposed to amend the amendment, so as to strike out the latter clause, and refer simply the question concerning the present bank, without the establishment of a substitute for it, to the consideration of a Select Committee.

This motion was negatived.

Mr. TAYLOR, of New York, said that, if the subject referred to in the Message had been

President's Message-Reference to Committees.

[H. OF R.

DECEMBER, 1830.] entirely new, he should have no objections to ]ject had always, heretofore, been referred to the amendment proposed by the gentleman from the standing committee of the House having Georgia, (Mr. WAYNE;) but when it was con- cognizance of the finances of the country. He sidered that, by the rules of the House, the report made at the last session by the Committee of Ways and Means was continued as a part of the business of the present session, that fact, he thought, furnished an objection against the sending of the same subject to a Select Committee. Such a measure would amount, in substance, to sending the report of one of the standing committees of this House to be reviewed by a Select Committee. Would this be respectful? Would it be treating the Committee of Ways and Means with that deference which was due to them, to take their report, (whether it was before the House, or had been referred to a Committee of the whole House on the state of the Union, or a Committee of the Whole,) and send it to a Select Committee? What direction had been given to the report of last session, he had been unable to ascertain, the means not being at this time within reach of the officers of the House; but, whatever it had been, the report was a part of the business of the House continued over from last session, and was to be viewed in all respects the same as if it had been rendered at the present session. And he put it to the House whether it would be proper to send a report now made by one committee of the House, and submit it to another?

could not bring himself to believe that the opinions of the gentlemen forming that committee were so irrevocably fixed, as not to remain open to the developments of time and the influence of sound reasoning. Could he suppose this, he should certainly be in favor of referring the subject to some committee which should be differently constituted. It was indifferent to him what might be the disposition made by the House of this part of the Message. If it was referred to a Select Committee, he hoped that such a committee would be selected as would be perfectly competent to the consideration of the matter; and if it was referred to the Committee of Ways and Means, he trusted that they would consider it dispassionately, and without prejudice. Either course would secure, he doubted not, a full and able investigation.

[The CHAIR here stated that he was informed by the Clerk that the report of the Committee of Ways and Means was at the last session laid on the table of the House.]

Mr. TAYLOR said, if that were the case, could any one disapprove an arrangement which would eventuate in sending the subject to a Committee of the Whole on the state of the Union, that it might there receive the fullest examination that any of its advocates could desire? He suggested to the House, therefore, that the course in the original motion was evidently the proper one.

Mr. WAYNE again rose. It was, he said, from no want of respect to the Committee of Ways and Means that he had been induced to desire that this important subject should be referred to a Select Committee. He again insisted, that when the subject of a national bank had been a second time, and in a more explicit and particular manner, recommended to the consideration of the House, it would not be respectful to the Chief Magistrate to send it back to a committee who had made up their opinion in opposition to that intimated by the Executive. He had not the least doubt that if the light of truth could be made manifest to them, the minds of those gentlemen were open to conviction on this as on every other subject; but all knew that truth was often difficult of access, and sometimes not less difficult to be received, and this acknowledgment involved no imputation whatever on the uprightness of that committee. He had another reason for wishing the amendment to prevail; it was not to be expected that, unless the question was submitted to a few minds which felt a strong inMr. HOFFMAN, of New York, said that, in terest in regard to it, it would be examined with making the motion he had done in reference to that application and industry which were inthis clause of the President's Message, he had dispensable to the full development of the subnot intended to express either approbation, or ject. The suggestion of the President involved the contrary, as to the reasoning or the state-a reference to the amount and places of dement of facts it contained; nor had he supposed posit, their effect upon commerce, &c., &c., that his motion involved the slightest disrespect which could not be gone into at large unless by towards the Executive. He had been led to a committee specially devoted to the subject. propose the disposition to be given to the sub- If the House approached the investigation ject, from no friendship or hostility to the pres- through its Committee of Ways and Means, ent Bank of the United States: no expression could it expect as full and detailed a report as of opinion on that subject was now called for. if by a Select Committee, whose views corresponded with those of the President? knew that gentlemen would object to his proposition; that the reference to a Select Committee would excite a belief in the community that the United States Bank was not to be rechartered, and thus greatly depress the price of bank stock. Admit that such might be the effect, was this a valid objection? Was the House bound to preclude inquiry on a most im

[The CHAIR observed that the merits of the measure proposed in the Message were not before the House, but simply a question as to the proper committee to whom it was to go.]

Mr. H. resumed, and said that he had made the foregoing observations expressly for the purpose of doing away any inference, from his motion, of his personal friendship or hostility toward the bank as now organized. That sub

He

H. or R.]

Judge Peck.

DECEMBER, 1830.

mar, Lea, Leavitt, Lecompte, Lewis, Loyall, Lumpkin, Thomas Maxwell, Monell, Norton, Nuckolls, Pettis, Polk, Potter, Powers, Rencher, Roane, Sanford, Scott, Augustine H. Shepperd, Shields, Standifer, Taliaferro, Wiley Thompson, John Thomson, Trezvant, Tucker, Wayne, Weeks, Wickliffe, Yancey

portant subject, from a fear that the discussion | Jarvis, Cave Johnson, Kennon, Perkins King, Lamight affect the price of stocks? Suppose the question should be deferred, it must come up at last; and would it not affect stock then as much as now? Mr. W. said, when the question came up on rechartering the bank as now organized, he should vote against it, because its benefits enured to individuals and not to the

67.

NAYS.-Messrs. Alston, Anderson, Arnold, Bailey, Barber, Barringer, Bartley, Beekman, Bockee, Brown, Buchanan, Butman, Cahoon, Cambreleng, Chilton, Clark, Coleman, Condict, Cooper, Cowles,

Government, who might, by means of such an institution, contribute to relieve the people of the Union from unjust taxation to the amount perhaps of millions annually. He should, how-Craig, Crane, Crawford, Creighton, Crocheron, ever, abstain from entering upon the merits of the main question at this time. He was aware that it would not be in order to touch upon them. He had had the honor of offering a resolution on the same subject at the last session, and should renew it at the present session. His only motive then, as now, had been to promote an inquiry after truth. He believed that the appointment of a Select Committee would elicit a mass of facts which it was desirable to obtain, and which would not otherwise come before the House, tending to show whether the measure proposed by the Executive was practicable

or not.

Denny, Dickinson, Draper, Drayton, Dudley, Dun-
can, Eager, Ellsworth, G. Evans, J. Evans, H. Ever-
ett, Finch, Gilmore, Gorham, Green, Grennell, Har-
vey, Hemphill, Hodges, Hoffman, Holland, Howard,
Hughes, Hunt, Huntington, Ingersoll, Irvin, Irwin,
Jennings, Johns, Kendall, Kincaid, A. King, Lent,
Letcher, Lyon, Magee, Mallary, Marr, Martindale,
Lewis Maxwell, McCreery, McIntire, Mercer, Miller,
Mitchell, Muhlenberg, Overton, Patton, Pearce,
William B. Shepard, Semmes, Sill, Smith, Speight,
Pierson, Randolph, Reed, Richardson, Rose, Russel,
Ambrose Spencer, Sprigg, Stanberry, Sterigere,
Storrs, Strong, Sutherland, Swann, Swift, Taylor,
Tracy, Vance, Varnum, Verplanck, Vinton, Wash-
ington, Whittlesey, Edward D. White, Williams,
Wilson, Wingate, Young-108.

So the House refused to amend the resolu

tion, and the resolution, as reported by the
Committee of the Whole, was agreed to.
The House then adjourned.

FRIDAY, December 10.
Judge Peck.

Mr. CAMBRELENG, of New York, said that if the yeas and nays had not been ordered on this subject, he should not have risen. He was opposed to the amendment of the gentleman from Georgia, because he viewed the whole question as premature at this time. When the proper time arrived for its consideration, he should certainly be in favor of referring it to a Select Committee. It had been so referred when the bank petitioned for a renewal of its charter. He had the greatest respect for the gentleman at the head of the Committee of Ways and Means, (Mr. MCDUFFIE,) but he thought the On motion of Mr. BUCHANAN, in order to subject ought never to come before the House until the bank should again appear as a peti-give time for the House to make the preliminary arrangements for the trial of Judge Peck, which commences in the Senate chamber at 12 o'clock on Monday next, the House agreed to meet at 11 o'clock on that day.

tioner for the renewal of its charter. The

After the reception of petitions and resolutions:

MONDAY, December 13.
Judge Peck.

President, in presenting his Message to Congress, had glanced his eye over the whole interests of the country, and had, very properly, given to the House his views of a great and weighty question of public policy. It was a question which involved the circulating medium, and, in fact, the property of the whole nation. As such, the question was before the Mr. BUCHANAN, on behalf of the managers people--it was a question for the nation to de-appointed to conduct the impeachment against cide. In this House, it was not fairly present- Judge James H. Peck, submitted the following ed as a subject of inquiry until the bank should report, which was agreed to: apply for a new charter; when that time arrived, Mr. C. said he should be for sending it to a Select Committee; but at present the whole matter was premature.

The question was then taken on the motion of Mr. WAYNE, and decided in the negative, by yeas and nays, as follows:

YEAS.-Messrs. Alexander, Allen, Angel, Barnwell, Baylor, Bell, James Blair, John Blair, Boon, Borst, Brodhead, Carson, Chandler, Claiborne, Clay, Coke, Conner, Daniel, Davenport, Warren R. Davis, Earll, Findlay, Ford, Foster, Fry, Gaither, Gordon, Hall, Halsey, Hammons, Haynes, Hinds, Leonard

The Committee of Managers appointed by the House of Representatives to conduct the impeachment against James H. Peck, judge of

the district court of the United States for the

district of Missouri, report, that they have had under consideration the answer of Judge Peck to the article of impeachment exhibited against him by the House, and recommend the adoption of the following replication thereto :

REPLICATION

By the House of Representatives of the United
States to the answer and plea of James H. Peck,

The Impeachment.

judge of the district court of the United States | Taylor, John Thompson, Tracy, Vance, Varnum, for the district of Missouri, to the article of im- Vinton, Washington, Whittlesey, Edward D. White, peachment exhibited against him by the House Wickliffe, Yancey, Young-99. of Representatives.