THURSDAY, July 5.
The Alleged Fraud.
Mr. DRAYTON, from a majority of the committee appointed to inquire whether an attempt was made by the late Secretary of War, John H. Eaton, fraudulently to give Samuel Houston, or any other person or persons concerned with said Houston, a contract for supplying rations to emigrating Indians, made a report accompanied with the following resolutions:
Resolved, That John H. Eaton, the late Secretary of War, and Samuel Houston, do stand entirely acquitted, in the judgment of this House, from all imputation of fraud, either committed, or attempted to be committed by them, or by either of them, in any matter relating to, or connected with, the premises.
Resolved, That all the evidence which was submitted to the committee, together with the journal of their proceedings, be annexed to, and recorded with, this report; which report was read, and the documents therewith ordered to be printed.
Public Fast Day-Cholera.
The following joint resolution from the Senate having had its first and second reading, coming up on its last reading, viz:
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That a joint committee of both Houses wait on the President of the United States, and request that he recommend a day, to be designated by him, of public humiliation, prayer, and fasting, to be observed by the people of the United States with religious solemnity, and with fervent supplications to Almighty God that He will be graciously pleased to continue His blessings upon our country, and that He will avert from it the Asiatic scourge which has reached our borders; or if, in the dispensations of His providence, we are not to be exempted from the calamity, that, through His bountiful mercy, its severity may be mitigated, and
proceeding would be nugatory. The Executive was asked to set apart and appoint a day to be observed throughout the nation. It had been further contended that there were precedents for such a recommendation. Mr. P. had carefully examined the precedents on record, and all he could find was, a recommendation that the several States set apart days of fasting and prayer. There was no precedent to be found of any application on the part of Congress to the President of the United States to make any such appointment, and he hoped it would not now be done for the first time. Admitting that the approach of such a calamity upon our borders did make it obligatory to appoint such a day, still there existed a stronger reason why this resolution ought not to be adopted. There was something in the time and in the circumstances, which rendered it highly indecorous to pass it. The House had all seen in the papers the opinion expressed by the Executive branch of the Government, that the constitution gave him no power to make any such appointment. With such an expression of the opinion of the President before them, Mr. P. asked if it would be expedient, if it was respectful, if it was decorous on the part of that House to appoint a committee to ask the President to do that which he had publicly declared it as his opinion that he had no constitutional power to do. Every one knew that the President was a sworn officer; yet gentlemen were now in favor of asking him, after he had taken an oath to observe the constitution, to do an act which he declared to be against the constitution. There was also in the papers an expression of opinion by the Executive of one of the States, which set forth the reasons why such an act would be against the spirit of the constitution. The reasons there given by the Governor of New York must, he should think, be sufficient to convince any one that the Executive Magistrate had no such power. Mr. P. concluded by saying that he did not wish to take up the time of the House, but considered it due to himself to say thus much in vindication of the vote he was about to give.
Mr. PLUMMER said that he could not agree to this resolution. There was no gentleman in Mr. DEARBORN, in reply to the remark of that House, not a professor of religion, who Mr. PLUMMER, that no precedent was to be entertained a higher respect for it than himself. found for such a measure as was now proposed, He approved of the practice of fasting, and read to that gentleman, and to the House, thought it was highly proper that days should a resolution passed by Congress in 1812, apoccasionally be set apart for fasting, humilia-pointing a committee to wait upon the Presition, and prayer; but he did not think that the authorities of the country had any thing to do with matters of this kind. He did not find in the constitution any power conferred on the President to appoint a day for such a purpose. He knew that it had been contended that what was now asked from the Executive was not an authoritative order, but simply a recommendation. That was very true; but it was also true that such a recommendation, proceeding in the form of a proclamation from the Chief Magistrate, would come to the people clothed in Executive authority. Were it otherwise, the whole
dent, and request him to appoint a day of fasting, humiliation, and prayer. He then read to him another resolution of a similar tenor, passed in 1814; and referred him to a third, adopted at the close of the last war, for a committee to request the President to appoint a day of general thanksgiving. Mr. D. considered the measure as neither indecorous nor inexpedient. If ever a measure of this description was fit and becoming, it certainly was so at a juncture like the present; and he hoped that no gentleman would object to so reasonable and becoming an act as the request for a day of solemn, religious
Mr. REED, of Massachusetts, expressing himself favorable to the resolution, but strongly opposed to having it debated, moved the previous question; but, on request, consented to withdraw the motion.
Mr. BELL, with a view to obviate the objections which were felt to the resolution in its present form, moved to amend it by adding the words "if in his opinion it is proper."
The CHAIR reminded Mr. BELL that it was not in order in the House to amend a joint resolution in its present stage.
Mr. BELL, of Tennessee, thereupon moved that the resolution be recommitted to the Committee of the Whole on the state of the Union, with instructions to amend the resolution in the following manner:
The House resumed the consideration of the resolution from the Senate, respecting a day of humiliation, fasting, and prayer.
After a protracted and somewhat angry debate, mainly on points of order, the subject was disposed of by committing the resolution to a Select Committee (Messrs. BELL, VINTON, and REED) with instructions to amend by inserting the 2d of August.
MONDAY, July 16, 6 A. M.
Adjournment.
A committee was, on motion of Mr. POLK, appointed, on the part of this House, to join such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and notify him that, unless he may have other communications to make to the two Houses of Congress, they are ready to adjourn.
Shortly after which, Mr. PoLK and Mr. FINDStrike out the words "a Joint Committee of LAY, as the committee, proceeded to the Presiboth Houses of Congress wait upon the President, and having returned, Mr. POLK communident of the United States, and request that he recommend," and insert in lieu thereof that "Wednesday, the 25th of this month, be recommended to the people of the United States to be observed," &c.
cated to the House that they had waited accordingly on the President, who informed them that he had no other message or communication to make to the House; and, on motion,
The House thereafter immediately adjourned.
A. B. Plot, The-See Index, vol. 8, Edwards, Ninian, Ad-
dress of.
ADAIR, JOHN, Representative from Kentucky, 588.
ADAMS, JOHN, Letter to Martha Washington on the removal
of Washington's remains, 588.
ADAMS, JOHN QUINCY, Representative from Massachusetts,
588; on Slavery in the District of Columbia, 540; on
the apportionment bill, 575-579; on the South Carolina
Claims, 597; on subscribing for the Register of Debates,
736; on the Tariff bill, 741; on a day of fasting, 745; on re-
chartering the Bank, 748. See Index, vols. 2, 3, 4, 6, 8, 9, 10.
ADAMS, ROBERT H., decease of, 123.
Addresses of the Senate and House in answer to Presi-
dent's Message.-See Index, vols. 1, 2.
Adjournment of Congress.-See Index, vols. 7, 10.
Admirals in the Navy.-See Index, vol. 2.
African Slaves and Slavery.-See Index, vols. 1, 2, and In-
dex, vol. 6, Slavery.
Africans captured.-See Index, vol. 9.
Agriculture, Committee on.-See Index, vol. 8.
ALEXANDER, MARK, Representative from Virginia, 588. See
Index, vols. 6, 7, 8, 9, 10.
Algerine War.-See Index, vol. 1.
ALLAN, CHILTON, Representative from Kentucky, 538.
Allegiance, Foreign.-See Index, vol. 1; also, Index, vols.
2, 5, 6, Expatriation.
ALLEN, HEMAN, Representative from Vermont, 538.
Allen, Robert, Representative from Virginia, 538. See In-
dea, vols. 6, 7, 8, 9, 10.
ALLISON, ROBERT, Representative from Pennsylvania, 538.
Amelia Island.-See Index, vol. 6.
Amendment of the Journal of the House.-See Index, vol. 7.
Amendment of the Constitution.-See Index, vols. 1, 2, 8, 5,
7, 8, 9.
Amy Dardin's Horse.-In the House, a bill to make com-
pensation for considered, 570. See Index, vols. 1, 2, 3, 4, 5.
ANDERSON, JOHN, Representative from Maine, 588. See In-
dex, vols. 8, 9, 10.
ANDERSON, JOHN, the case of, see Index, vol. 6, Bribery.
ANGEL, WILLIAM G., Representative from New York, 588;
on the Buffalo and New Orleans road, 15; on the salt
duty, 88; on the claims of Monroe, 308; on the conduct
of the Bank, 628. See Index, vol. 10.
APPLETON, NATHAN, Representative from Massachusetts,
538; on minimum duties, 554; on the reduction of
duties, 701.
Appointments, Executive.-See Index, vol. 5.
Apportionment.-See Ratio of Representation.
Appropriations.-In the Senate, the bill considered, 256;
two last years of Adams' administration compared with
first two of Jackson, 256; increase, 256; another radical
committee needed, 256; amendments, 257; bill read
third time, 257; no intention to impute blame to Con-
gress for their interference with navy contracts, 448; the
whole party responsible for the acts of their adminis-
tration, 448; is the Administration to be made respon-
sible for the multiplication of pensions? 449.
Motion to strike out the outfit for minister to France,
449; course of the last Administration, 449; the re-
trenchment report, 449; every promise and profession
made by the present party is not only broken but
forgotten, 450; removals from office, 450; how have
they redeemed the pledge of retrenchment? 450; the
"book" asserts the necessity of abolishing the con-
tingent fund for missions, 451; expenditures of the last
six years, 451; case cited by the Senator from Georgia,
452; distinction in the case of the outfit to France,
452; expenditures of the present and last Adminis-
tration, 452; comparison, 453; this Administration has
cut up the system of internal improvements by the
roots, 453; have the public expenditures been dimin-
ished? 453; no President should, during the recess,
fili a vacancy which occurred during the session, 454;
a fund provided to meet the expense of a contingency,
454; singular omission on the part of Congress during
Washington's administration, 454; power of the Presi-
dent over the contingent fund absolute, 454; Executive
responsible for the expenses of his administration, 454;
estimate of, 541. See Index, vols. 1, 2, 3, 5, 7, 8.
ARCHER, WILLIAM S., Representative from Virginia, 588; on
the absence of the Speaker, 269; on the Turkish mission,
342; on a minister to Colombia, 608; on the convention
with France, 708; on the convention with France, 711;
on a day of fasting, 744. See Index, vols. 6, 7, 8, 9, 10.
Ardent Spirits in the Navy.—See Index, vol. 10.
Arkansas Territory.-See Index, vol. 6, Territories.
Arkansas Western Boundary.-See Index, vols. 7, 8.
ARMSTRONG, WILLIAM, Representative from Virginia, 533.
See Index, vols. 8, 9, 10.
Armory, Western.-See Index, vol. 8.
Army.-See Index, vols. 1, 2, 4, 5, 7, 10.
Army Desertion, prevention of.-See Index, vol. 8, and In-
dex, vol. 9, Desertion.
ARNOLD, THOMAS D., Representative from Tennessee, 588;
on the apportionment bill, 572.
ASHLEY, WILLIAM H., Representative from Missouri, 589.
Assault on the President's Secretary.—See Index, vol. 10.
Attorney General, office of.-See Index, vol. 10.
BABCOCK, WILLIAM, Representative from New York, 588.
BAGLY, MOUNTJOY, chosen doorkeeper of the Senate, 854.
Bahama Banks.-See Index, vol. 9.
Baltimore and Ohio Railroad.-See Index, vol. 10.
Baltimore and Washington Railroad.—In the House, a bill
relative to, considered, 819; remarks, 819; motion to con-
cur in the amendments of the Senate, 339; carried, 889.
Bank of England.-Extracts from communications of Lord
of the Treasury, Ministers, &c., relative to, 158.
Bank of the United States.-In the House, resolutions rela-
tive to, considered, 72; motion to lay on the table, 72;
carried, 73.
Non-renewal of Charter.-In the Senate, a resolution
relative to, considered, 143; justification for bringing for-
ward the question at this time, 143; the conduct of the
bank and its friends, 144; sense of public duty, 144; pro-
ceedings in the English Parliament, 145; extract from
Sir Henry Parnell's speech, 145; speech of Mr. Hume,
145; of Edward Ellice, 145; of Sir William Pulteney, 145.
Renewal objected to because the bank is an institution
too great and powerful to be tolerated in a government
of free and equal laws, 146; conduct of the Bank of Eng-
land to Mr. Pitt, 146; the tendencies of the bank are
dangerous, and pernicious to the government and the
people, 147; the exclusive privileges and anti-republican
monopoly which it gives to the stockholders, 148;
the name, credit, and revenues of the United States
given to it, 149; power to pay the revenues of the Uni-
ted States in their own notes, 149; balances in the bank,
149-150; injury arising to the United States by uncom-
pensated masses of public money, 151; statement, 151;
it has power to discredit and disparage the notes of all
other banks by excluding them from the collection
of the revenue, 151; power to hold real estate, re-
ceive rents, and retain a body of peasantry, 152; what is
the effect of this vast capacity? 158; power to deal in
pawns, merchandise, and bills of exchange, 154; to es-
tablish branches in the different States without their
consent, and in defiance of their resistance, 154; exemp-
tion of the stockholders from individual liability on the
failure of the bank, 155; to have the United States for a
partner, 155; extract from the speech of Sir William
Pulteney, 156; to have foreigners for partners, 156;
exemption from due course of law for violations of its
charter, 157; to have all these unjust privileges secured
to the corporation as a monopoly by a pledge of the
public faith to charter no other bank, 157; correspond-
ence between the Lord of the Treasury, &c., and the
Governor of the Bank of England, 158; fate of that
bank, 159; examples of those ministers considered, 159;
this bank is an institution too costly and expensive for
the American people to keep up, 160; direct expenses
of the bank, 160; tax of 1798, 160; other points not
touched, 161; leave to introduce the resolution refused,
161.
Illegal Currency.-In the Senate, leave to bring in a
resolution declaring its currency illegal, asked, 864;
reasons, 864; the resolution expresses its own object,
864; the currency arraigned, 364; decision of the court,
affirming the legality of this currency, 865; substance
of the decision, 865; the section referred to is a mere
provision to punish the violation of existing rights, 365;
its object, 865; is this view doubted? 365; the 19th sec-
tion of the charter, 366; second ground upon which the
court relied is the 8th article of the charter, 366; what
is the meaning of the article? 866; three specific
objections to the construction of the court, 366; it
assumes that these orders are contracts, 867; these or-
ders are excluded from all revenue payments to the
United States, 367; points of incompatibility between
this currency and the requirements of the charter, 367;
these orders cannot serve for currency because they are
subject to the law of endorsable paper, 868; being once
paid they are done with, 368; not evidenced by any
sign that can bind the corporate effects for payment,
868; they are not drawn in the corporate name of the
bank, 369; law on this point, 369; case of King vs. Bigg,
869; points, 870; reasons for the invention of these
branch bank orders, 371; narrative of facts, 371; Cheeves'
report to the stockholders, 871; Biddle's report, 872;
impediments under which the bank suffered under Mr.
Cheeves, 373.
This currency ought to be suppressed, 878; its illegal-
ity justifies its suppression, 373; its pernicious conse-
quences, 874; these orders are not payable in the States
where issued, 874; not a new thing, 374; impoverishing
to the States where issued, 874; statements of the bank,
374; the emission of these orders is deluging the country
with counterfeits, 875; power granted by Congress to
the bank, 876.
Opinion of the court referred to above, 877; not a
syllable prohibitory of these orders is to be found in
the act of incorporation, 877; powers granted in the 7th
section of the charter, 878; the general reasoning sanc-
tioned by the letter of the charter, 878; these orders are
described in the 18th section of the charter, and pro-
tected as legal, 378.
Resolutions proposing inquiry which would affect the
property of individuals should be introduced with cau-
tion, 379; what effect would this inquiry have upon the
institution? 879.
Two ways to bring about the object in view, 379; fur-
ther remarks, 879; leave refused, 380; note, 380; reso-
lutions of inquiry submitted, 880; further resolutions
submitted, 881; answer to the call on the Secretary of
the Treasury, 389; it had been supposed all the branches
issued this description of currency, 889; the amount
does not exceed five million dollars, 889; specie drawn
from the West, 389; facts shown by the papers read,
889; it is said that orders are sent exclusively to the
Western States, 390; it is said the West is drained of
gold and silver, 890; does not the very idea of a branch
bank include the privilege of these drafts or orders? 390;
motion laid on the table, 891.
Recharter.-Importance of the question, 460; count-
less memorials and petitions, 460; bill continues in force
the present charter for fifteen years, 460; essential and
paramount objects of granting the present charter, 461;
manner in which these objects were to be obtained, 461;
disastrous consequences of substituting another for the
present bank, 461; wait until the documents are printed,
462; importance of going on with the discussion, 462.
Agency by which the bank charter was secured, 463;
influence of the bank on the interests of the people and
the government, 463; as to the currency of the country,
463; a sound and uniform currency one of the great ends
contemplated in the constitution, 464; in the absence
of the United States Bank, the State banks become the
regulators of the currency, 464; a well conducted na-
tional bank has an exceedingly useful and effective
operation on the paper circulation of the country, 464;
we ought rather to increase and multiply our securities,
465.
Amendment offered that no branch shall be established
in any State without the assent of said State, 466; and
the capital subject to taxation, 466; motion for a yearly
bonus, 466; better that the bank should reduce the rate
of interest on loans and discounts, 466; be felt by the
people, 466; five per cent. a high rate for a bank with
such advantages, 466; no necessity of deciding the ques-
tion of recharter now, 467; exhausted with the length
of this session, 467; more important objects thrown
aside for this, 467; there is an unfinished investigation,
467; the decision of the question does not belong to this
Congress, 468; the Presidential election at hand, and
why this sudden pressure? 468; the establishment of
several American banks in different parts of the Union
to supersede this, 468; the Scottish banking system,
469; its peculiar excellence, 469; none but citizens should
be stockholders, 469.
The question has been proposed to this Congress by
the President, 470; why was a decision pressed at the
last session? 470; amendment for a yearly bonus adopted,
470.
Amendment, prohibiting the issue of bills less than
twenty dollars, offered, 470; the precedent in England,
470; adopted, 471.
The proposition prohibiting the establishment of a
branch in a State without permission confers a power on
a State to expel the bank at pleasure, 471; what is the
object of the motion? 471; our power to adopt this
amendment doubtful, 471; on what ground do the States
claim this power of taxation? 472; a branch is but an
agency, 472; the inequality of the operation of this
amendment is not the only objection, 472; it proceeds
on a principle not to be admitted, 472; on what ground
does Congress possess the power to create not only a
bank, but a bank of circulation? 478; object of the con-
stitution in restraining the States from issuing bills of
credit, 473; the creation of State banks not consistent
with the grants and prohibitions of the constitution,
478.
The power of taxation one of the highest attributes
of State sovereignty, 478; taxes imposed by Alabama,
478; it is said a bonus is paid to the general govern-
ment, 474; power of the States to create banks so long
acquiesced in, it is too late to question it, 474; how is
the stock held by foreigners to be considered as exempt
from taxation? 475.
The amendments proposed embrace two distinct ques-
tions, 475; arguments against the power of taxation,
475; case of McCulloch against the bank, 475; the prop-
erty of the stockholders a fair object of taxation, 475;
the power to impose exists in the general government,
475; opinion of Hamilton that the States have the
power of taxation, 476; laws already passed for taxing
the bank, 476; taxation by the State of Ohio, 476; cir-
cumstances, 476; banking institutions taxed in New
York, 477; the amendment is declaratory of the rights
of the States, 477; Congress has determined that these
branches are not necessary to enable the government to
carry on its fiscal concerns, 477; this right of a State
rests on the same foundation as the right to tax lands,
478; amendments lost, 478.
Series of amendments offered, 478; first, 479; object
to abolish the exclusive privilege, 479; contrary to the
genius of our government, 479; origin and extinction of
this doctrine in England, 479; amendment rejected,
480; second amendment, 480; liability of stockholders,
480; rejected, 480; third amendment, 480; officers of
the government and aliens prohibited from being stock-
holders, 480; reasons, 480; a war with Great Britain,
and our sinews, or money, in possession of the enemy,
480; no excuse for incurring the danger, 481; amend-
ment rejected, 481; fourth amendment, 481; currency
payable on demand, 481; amendment rejected, 481;
check on the practice of circulating bank orders as cur-
rency, 482; other motions in the Senate, 482; motion to
strike out the bonus, and fix the rate of interest at five
per cent., 482; injurious to the bank, the State banks,
and the people, 482; importance and magnitude of the
proposition, 483; is five per cent. enough to compensate
the bank? 483; effects decidedly beneficial on the commu-
nity, 488; effects on the State Legislatures, 484; views
of Moses, 484; present value of the bank stock, 484;
effect on capitalists, 484; motion to strike out lost, 485;
motion to strike out an annual bonus of $150,000, 485;
what is the renewal of the charter worth to the appli-
cants? 485; evidences, 485; various sums moved, 486;
$200,000 adopted, 486; other motions made and lost,
486; motion to refer the bill to the Secretary of the
Treasury, 486; reasons, 487; engrossment ordered and
bill passed, 488.
Veto.-Message from the President vetoing the bill,
513; note, 513; importance of the subject, 514; objec-
tions of the President examined, 514; now manifest that
no bank will be established without a change in our pub-
lic counsels, 514; time for closing the present institution,
514; whence are to come the means of paying the debt
of the bank? 515; where the responsibility lies, 515;
time this bill was pressed, 515; an important election
at hand, 516; always been thought advisable to in-
vite rather than repel foreign capital, 516; constitu-
tional objections considered, 516; Congressional prece-
dents, 517; extracts from the message, 517; does the
President reject the authority of all precedent, except
what is suitable to him, 518; he is as much bound by the
law as a private citizen, 518; a law is not a law if he
sees fit to deny its effect, 519; decision of the Supreme
Court, 519; questions before it, 519, 520; monopoly,
521; grant of exclusive privileges said to be unconsti-
tutional, 521; we have now arrived at a new epoch, 522.
This document admitted by the opposition to be frank,
plain, and susceptible of only one interpretation, 523;
it is said, ruin to the country is to be the consequence
of not renewing the charter, 523; will the debts of the
bank be any less at the end of thirty-five years? 523;
previous messages of the President, 524; it is said the
directors intend to interfere in the election, 524; remarks
on the decisions of the Supreme Court, 524; would
opinions of the House on constitutional questions bind
the Senate? 525; banks in the District a part of the
exclusive jurisdiction of Congress, cut off by this char-
ter, 525; in case of a war the bank, if in existence, our
main dependence for raising money, 525.
Experience under the present charter, 526; its grants
respecting the issue of bills, 527; further remarks rela
tive to payment at one bank of the notes of another,
527; embarrassment caused by calling in the loans of
the present bank, 528; the principle of self-protection
must compel the bank to prepare for its final termina-
tion, if its days are now numbered, 529; effect of its
contraction, 529; shall any bank be chartered, is the
question, 529; extracts from the message, 580; what are
the features of the scheme which can obtain the appro-
bation of Government? 580; what is to be done for the
country? 581; the veto is an extraordinary power, 581;
hardly reconcilable with the genius of a representative
government, 531; contemplation of the Convention that
drafted the constitution, 532; no question more generally
discussed than the bank, 532; if there be an electioneer-
ing motive in the matter, who have been actuated by it!
532; precedents, 588; the power to establish a bank,
how deduced, 533; speech of Mr. Clay in 1816, 533;
the interest of foreigners in this bank, 534; its injurious
operation upon the interests of Western people, 534; a
great mistake, 585; how were remittances made before
the existence of the bank? 585; project of the Execu-
tive, 535; right of the President to come to either House
and scrutinize the motives of members protested against,
536; some parts of this message ought to excite deep
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