tive should be allied to the tremendous and fearful power of a National Bank, or the concentrated power of all the State banks.

Mr. S. spoke of the opinions of Washington and Jefferson against a Bank and in favor of an Independent Treasury; they were in favor of an Independent Treasury, the same in principle as this. He then adverted to the fact that the Opposition, who are attributing to this measure such fearful evils, were strenuous in the support of it a few years ago. He then argued that the State which he in part represented had an Inde dendent Treasury in operation, with an unimportant exception in its details. He said the provisions of this bill were strictly in accordance with the Constitution; and that no system could be devised that could make the money more safe and secure. It is guarded by bonds, with heavy penalties for default. If the bill was not safe, he thought it the duty of the Opposition so to alter the details as to make it more guarded and secure. To strike out the enacting clause, was no way to perfect the bil

He inferred by the argument of the gentleman from Massachusetts [Mr. CUSHING] that the meɛsure would favorably affect the manufacturing ixterests of the East. If by any measure, the tendency of which would beneficially affect the interests of the section of country he represented, it would be an additional reason why he would be in favor of it. Mr. S. then showed the effect the unnatural expansion of the circulating medium (which the Independent Treasury will correct) had in causing overimporting, and keeping he balance of trade against the United States. If the manufacturing interests were injuriously affected by overimportation, as the convention of the manufacturers maintained, then this measure, which appreciates the currency by contracting it, will prevent this overimportation, and will, to that extent, operate as a protection to the manufactures of the North. Unless a modification of the tariff, or some such measure as this should be passed, to check these large importations, the manufacturing interests of the country would be prostrated. The labor of Europe would be employed, (as it was employed when the currency was so inflated in 1837,) to the exclusion of the labor of our own country. This measure, then, will be greatly beneficial to the laboring classes of this country, by securing to them a steady employment and regular and good prices.

Mr. S. then adverted to the efforts making by the Opposition to create the impression that the working classes would te injuriously effected by this measure. He believed sincerely that it would operate most beneficially to the whole laboring community. It would operate as a protection to the labor of this country of all kinds, to the exclusion of the product of foreign labor. He then adverted to the distress and pauperism produced in England by the banking system at the present time, and at past periods. He touched upon many other topics in the discussion, which it is impossible to give a summary of; but it will be published soon in full.

Mr. BROWN of New York obtained the floor, and spoke about three quarters of an hour in oppcsition to the bill, contending that it would not strengthen the banks, or improve the currency, but that it would, on the other hand, weaken the banks by draining them of specie. That it would not restrict their circulation. He advanced many cb. jections to it, which had been refuted in the previous part of the debate.

MI. WHITE of Kentucky obtained the floor, but gave way to

Mr. STANLY, on whose motion the committee rose, and then

The House adjourned.

IN SENATE,

FRIDAY, June 5, 1840.

Also, a report from the Secretary of War, transmitting, in compliance with a resolution of the Senate, a copy of Captain Sanders's report on the improvement of the Falls of the Ohio river;

The CHAIR presented a message from the President of the United States, transmitting a report from the Secretary of War, in compliance with a resolution of the Senate, in relation to the sale or exchange of Government drafts for bank notes;

Which were severally laid on the table, and ordered to be printed.

Mr. LINN presented the memorial of citizens of Buchanan county, Missouri, praying for a post route; which was referred to the Committee on the Post Offices and Post Roads, and ordered to be printed.

Mr MERRICK presented a memorial of cinzens of the United States, praying that a report may be made by the Committee on Agriculture, on the comparative value of the fruits of the United States for the table, and other branches of Agriculture, &c.; which was referred to the Committee on Agriculture, and ordered to be print d.

Mr. NORVELL presented the memorial of 386 inhabitants of the city of Washington praying for the renewal of the charter of said city, with certain designated amendments thereto; which, after a debate, in which Messrs. NORVELL, MERRICK, ALLEN, LUMPKIN, CLAYTON, CLAY of Alabama, SEVIER, TAPPAN, KING, and CRITTENDEN, participated, was referred to a select committee of five, to be appointed by the CHAIR.

The following Senators were appointed said committee:

Messrs. NORVELL, KING, PRENTISS, PIERCE, and CLAY of Alabama.

Mr. BUCHANAN, from the Committee on Foreign Relations, reported a bill for the relief of Auguste Davezac, William P. Jones, and Nathaniel Niles; which was read, and ordered to a second reading.

Mr. WALL, from the Committee on the Judiciary, to which was referred the bill for the relief of the heirs of Matthew Lyon, and

The bill for the relief of Benjamin Fry, reported the same without amendment. Mr. W. from the same Committee, to which was referred

The claim of Saunders and Porter;

The claim of Joseph Wallis, and the heirs of Robert Leckie;

The claim of the heirs of Thomas Atkinson, deceased;

made adverse reports thereos; which were ordered to be printed.

Mr. HUBBARD, from the Committee on Claims, to which was referred the bill for the relief of William R. Davis, reported the same without amendment.

Mr. PIERCE, from the Committee on Pensions, to which was referred the bills from the House

For the relief of the administrator and heirs of John Lindsey, deceased;

For the relief of Elizabeth Case, widow of James Case, deceased;

For the relief of Conrad Widrig; reported the same to the Senate, and recommended that they do not pass.

Mr. PRESTON, from the Committee on the Library, to which was referred the memorial of Alexander Vattemare, reported a bill in addition to acts now in force for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned; which was read, and ordered to a second reading.

Mr. MERRICK moved that when the Senate adjourn, it adjourn to meet on Monday next.

Mr. SEVIER objected, and demanded the ayes and noes; which were ordered, and the motion was carried-ayes 34, navs 8.

Mr. SEVIER then moved that the motion fixing a day for the adjournment of Congress sine die be taken up; which, after some remarks from Messrs. SEVIER, GRUNDY, WALKER, and CLAY of Kentucky, was disagreed to.

The bill for the relief of the legal representatives

of Philip Barbour, deceased, was considered as in committee of the whole, and on the question shall be engrossed, the vote was-ayes 20, nays 20, as follows:

YEAS-Messrs. Buchanan, Clay of Kentucky, Clayton, Fulton, Knight, Linn, Merrick, Mouton, Phelps, Porter, Prentiss, Preston, Roane, Sevier, Smith of Indiana, Southard, Tallmadge, Walker, White, and Young-20.

NAYS-Messrs. Allen, Anderson, Benton, Brown, Calhoun, Clay of Alabama, Grundy, Hubbard, King, Lumpkin, Nicholas, Norvell, Pierce, Robinson, Smith of Connecticut, Strange, Sturgeon, Wall, Williams, and Wright-20. The VICE PRESIDENT voting in the affirmative, the bill was ordered to be engrossed for third reading.

The bill making provision for the payment of pensions to the executors or administrators of deceased pensioners in certain cases, was considered as in committee of the whole, and ordered to be engrossed for a third reading.

GENERAL BANKRUPT LAW. The bill to establish a general system of bank. ruptcy was then taken up, the question being on the motion of Mr. CLAY of Kentucky to strike out the 18th section, containing the compulsory clause.

Mr. LINN said, that by the courtesy of the Senator from Massachusetts, (Mr. WEBSTER) who was entitled to the floor, he was permitted to ask the attention of the Senate, for a very brief period.

Some few days since, when that portion of the bill, embracing banking corporations, was under consideration, and whilst the Senator from South Carolina (Mr. CALHOUN) was speaking on that question, he had stepped into the room of the Committee on Private Land Claims for a few minutes, to seek for a paper connected with some business which he had to transact at one of the public offices. During his bref absence from the Senate chamber, the vote was taken, and this important portion of the 18th section was stricken out without his name appearing among the ayes and noes. He did not think proper then to ask the indulgence of the Senate, to permit his name to be recorded, nor would he do so now; although during the period he has been a member of the Senate this indulgence has been granted to one or two gentlemen. But he thought this was improper, and he would not ask it in his own case, as he believed a rigid adherence to the rule, a security to the coun iry, and the immediate constituents of a member, for his regular attention to the important duties of his station. His immediate friends and associates could bear witness, that in private conversation he had expressed himself very strongly in favor of making banks responsible to the provisions of this bill, and that he made it almost a sine qua non, whether he would vote for any bankrupt bill that did not contain it. Had he been present when the vote was taken, he most certainly would have voted in favor of retaining the clause adverted to; and perhaps in the future course of the discussion, he would submit his reasons for so doing.

Mr. WEBSTER then addressed the Senate at length in favor of the motion of Mr. CLAY, and on the general merits of the question, and was replied to by

Mr. WRIGHT, who contended that the effect of a bill containing merely the voluntary provision, would leave the creditor without remedy, and would seriously affect if not destroy the credit of our citizens in foreign countries.

After some further remarks by Messrs. WEBSTER, CLAY of Kentucky, and WRIGHT, the question was taken on triking out the 18th sec. tion, and decided in the negative-ayes 17, nays 25, as follows:

YEAS-Messrs. Calhoun, Clay of Alabama, Clay of Kentucky, Clayton, Crittenden, Dixon, Grundy, Huntington, Knight, Nicholas, Porter, Prentiss, Smith of Indiana, Southard, Tallmadge, Webster, and White-17.

NAVS-Messrs. Allen, Anderson, Benton, Brown, Buchanan, Cuthbert, Davis, Fulton, Hub bbard, King, Linn, Lumpkin, Norvell, Pierce, Preston, Roane, Robinson, Sevier, Smith of Connecticut, Tappan, Walker, Wall, Williams, Wright, and Young-25.

Mr. CRITTENDEN moved that the subject be referred to a select committee.

Mr. HUBBARD moved that the further consideration of the whole subject be indefinitely postponed. In making this motion, Mr. H. said that it was not his object, nor was it his wish, to prevent any further discussion of this subject that might be desired. He was anxious to hear all that might be said. But it was his entire conviction that no bill could be matured at the present session. To a portion of the Union the subject had not engaged as yet much of the public attention, and he was unwilling that any bill should be passed until more time should be allowed for the consideration of this question in all its bearings. The bill from the committee, and the bills of other Senators, had been printed, and the subject had been debated, and he was now disposed to leave the whole matter for the consideration of the American people. In his opinion no bill could be passed at this session, and it seemed to him that the time had arrived when the Senate should, by their vote, determine whether it was prepared to adopt a bankrupt system, based upon the principles which had been sanctioned by the votes already given. The Senate has distinctly, by i's vote, determined to exclude all corporations from the provisions of a bankrupt system. It had also determined, by its vote, to include the voluntary, and the compulsory principle. These opinions have been so clearly expressed by the votes of the Senate, that the committee, who, it is proposed, shall now take the subject into their further consideration, will undoubtedly feel themselves bound to report back a bill embodying those principles, and providing for their improvement by such details as they may consider necessary. He therefore thought the Senate had now better determine whether it is prepared to adopt a bankrupt systein, embracing exclusively the principles already settled by the action of the Senate. He might be entirely mistaken, but he was not prepared to believe that a majority of the Senate would yield its assent to such a system. With these impressions, and believing that the Senate ought to express its opinion upon the question, he had made the motion for indefinite postponement. He was well satisfied that no bill, matured upon the principles already settled, could be passed at the present session through both Houses of Congress. He thought, therefore, it would be advisable now to take the question involved in the motion he had submitted; and that is, would it be proper to pass a bankrupt bill based exclusively upon the principles as settled by the vote already taken in the Senate? He thought not.

Mr. BUCHANAN expressed the hope that what had been done would not be lost, but that the bill would be referred, made as perfect as possible, and, even if it could not be now passed, be sent forth for information to the people.

Mr. CLAY spoke in favor, not of the indefinite postponement, but of taking the vote upon it now, to determine whether a majority of the Senate was in favor of a bill, in any form, on this subject.

Mr. WEBSTER spoke with great earnestness against the indefinite postponement. The Senator from New Hampshire might well vote for it, because he was opposed to the bill in every form. But Mr. W. entreated Senators who were in favor of such a bill at all, not to delay its passage to another session.

Mr. NORVELL also spoke emphatically against the postponement.

Mr. CLAY said his sole object in desiring the vote to be taken on this question now, was to see if a majority of the Senate were in favor of passing the bill in any form.

Mr. HUBBARD said that he entertained a very different opinion from that expressed by the Senator from Massachusetts. Much has been accomplished, and that much will not be lost. The bill reported by a majority of the Committee on the Judiciary has been for some weeks before the Se. nate. It has been most ably sustained by some of the most distinguished members of this body. Their speeches have been printed. The bill and their speeches have already attracted the attention

of some portions of the country. In some of our largest commercial cities, that bill, and the views of those Senators who have embarked in the support of that measure, have excited no inconsiderable degree of attention. The memorial presented to the Senate by the Board of Trade of the city of New York,is full evidence of that fact. That bill has also been opposed by Senators, and their views will be given to the public. And can it be said. that all this is for nought?-that unless the measure is now perfected, what has been done will be lost to the country? This will not be the case. The American people are by no means indifferent to this measure. The memorials upon the table of the Senate, calling for the passage of a bankrupt bill, show that the attention of one portion of the community is awakened to the importance of this measure. The remonstrances upon the table show that another portion is alarmed at the consequences of any action upon the measure at this time. By one memorial it is recommended that no bill should pass, to take effect until after the first day of January next. These things show that the public mind is not entirely prepared for any particular bankrupt system. He therefore thought the whole matter had better be postponed. And, as it respects the amendment submitted by the Senator from New Jersey, that had also been printed, and the views of that Senator bad gone forth to the public. It was then idle to say that all this would be lost, if the Senate left the subject unperfected. He thought differently. Senators themselves are divided, and much divided, not only upon the constitutionality, but upon the expediency of the measure. He therefore was clearly of the opinion that the Senate should proceed no further at this session. Let what has been done go to our constituents, and in a very few months the Senate will reassemble and be fully prepared to assert and maintain the opinions of the American people upon this important question. He hoped the Senate would agree to his motion.

Mr. LUMPKIN said he should vote against the postponement; for, although he could vote for the bill iu no form in which it had yet been presented, he was not prepared to say he would be against it in every form.

Mr. ALLEN and Mr. WALL also having spoken briefly against the postponement,

Mr. HUBBARD said he would withdraw his motion; but Mr. WALKER objecting, and the yeas and nays having been ordered, it could not be withdrawn.

Mr. WALKER spoke emphatically in favor of speedily passing such a bill, (including the banks, if it could be done,) and insisted that public opinion would soon render it inevitable.

Mr. HUBBARD, in reply, said, that he had sig nified a wish to withdraw his motion, to oblige hi friends, and for the very reason that no test vote could be taken. He was utterly surprised, that the Senator from Mississippi should interpose any objection. Does he suppose that he [Mr. H.] had expressed a willingness to withdraw i, for the reason that he was unwilling, or not prepare, to meet the question? That Senator would find himself mistaken. As it respected himself, it was matier of perfect indifference to him, whether the motion was withdrawn or not: he was ready to vote upon it; and if there was not another member of the Senale voted as he should, he was content that his vote should stand alone. The Senator will recollect, that while this bill was under debate, he suggested his purpose of moving, after the debate should he closed for the day, to lay the whole matter upon the table.

He was anxious to ascertain the opinion of the Senate as to the propriety of passing a bill embracing exclusively the principles which had been sanctioned by the votes of the Senate. The Senator suggested an objection to the course proposed; and intimated that it was his purpose further to debate the subject. As soon as the Senator had intimated his wish, he gave him to understand that he (Mr. H) would make no such motion. He did this to accommodate that Senator, and to afford him the opportunity further to debate the subject if he pleased. And when he had offered his motion to postpone, he expressly said that the mo

tion was not made to prevent discussion; and now the Senator objects to his withdrawing the motion because he wishes to test the opinion of the Senate, when he must be satisfied, from the remarks made by different Senators, that no test vole can be given. But as it respected himself, it was of no earthly importance. He should have been willing to have withdrawn his motion, as that is objected to. He hoped the yeas and nays would be taken; and the result will show at least one vote given with great pleasure for the motion.

After some further remarks by Messrs GRUNDY, CALHOUN, CLAY of Kentucky, and SMITH of Indiana,

Mr. PIERCE said: Mr. President, I would have no Senator suppose, after the elaborate discussion that has taken place upon this bill, that I rise to present any poor arguments of my own. Much less, sir, is it my desire to expatiate upon the sympathy I feel for the debtor, or the desire I entertain io see the creditor fairly and justly protected in rights, which have accrued under existing laws of the land. I do not, however, admit a less lively regard on my part for the true interests of both classes, than is cherished by those who are more profuse in their professions.

Sir, in this stage of the bill I rise for another purpose; it is to say to the Senator from Ind ana, that neither he nor any other gentleman can prescribe to me what is to be regarded as a test question. No man shail make up for me an issue here or elsewhere without my participation. I take a practical view of things; take them as they are-as they happen to be presented at the time, when I am called upon to vote; not as by possibility they may be at a future time and on another occasion. My colleague has moved to postpone indefinitely-what? Not the whole subject of a "unilorm system of bankruptcy," but, after full argument and various important amendments, the bill in its present shape. He has, so far as I have heard, expressed no opinion against such a system, sufficiently broad and suitably guarded, but he has moved to postpone this bill in its present form, and no other. Upon that question I am called upon to record my ay or no. After all that has been said upon both sides of the chamber, I would have been better pleased, if my friend from Mississippi [Mr. WALKER] had allowed my colleague to withdraw his motion, because it is perfectly apparent, that the vore will express nothing, literally nothing, relative to the ultimate fate of this bill. Perhaps I am mistaken-it may foster hopes never to be realized. It may raise the expectations of the indebted class to the pinnacle of hope to-day, to be plunged to the depths of despair tomorrow. This no Senator desires to do, and I appeal to all, whether the vote will not probably carry out to the public mind a false and delusive impression.

What have we done? We have stricken out corporations, in my judgment, the most important, if not the redeeming provision of the bill, and we have sustained the voluntary and compulsory features, and this embraces all the material principles settle-but various provisions have been erased and some sections stricken out-besides, no question has yet been taken on the amendment of the minority of the committee, as amended. Now, in this state of things, I fully appreciate and acknowI-dge the force of the views of the Senator from Pennsylvania [Mr. BUCHANAN.] He does not believe a bankrupt bill can be so framed in this body, as to secure his vote; but he desires to examine it in its best shape; in its perfected form, after the labor of its friends shall have been exhausted. He desires, before he votes, to see it embodied and compact, so that its provisions, whatever they may be, can be readily comprehended by his constituents and mine. I should be glad to have it thus presented, too, although I do not believe that any great change can be made by the committee-that is, no change affecting materially the principles involved -and in this conclusion I am warranted by the voles that have already been taken. Now, sir, although I could desire precisely what the Senator seeks, I am compelled to vote upon the state of facis as they exist. My colleague is not permitted to withdraw his motion. Let no man suppose that

any advantage is to be gained by insisting upon this vote. I, for one, shall give it cheerfully and unflinchingly; and gentlemen on both sides who favor the measure are at liberty to regard it thus far forth as a test vote; but they must, for me, neither enlarge nor diminish the provisions already sanctioned.

I must, Mr. President, be permitted to express my surprise at the remarks of my friend from Ohio, [Mr. ALLEN.] He is disposed, as I understand him, to vote against the postponement, lest his views in relation to the bill, if corporations were included, may be misapprehended or misconstrued. Sir, I have no such apprehensions. How do we stand here?

There we are, that Senator and myself, upon the record, in a minority of sixteen to twenty-eight. That record will neither be obliterated, nor wear out.

The vote will stand there until the tribunal of highest appeal in this country shall either reverse or affirm the judgment of those who happen to be opposed to us. Of the character of that decision the Senator entertains not stronger convictions than myself; it may be proclaimed earlier or later, but it can neither be controlled nor indefinitely postponed. rose, sir, merely to protest against any man making an issue for me, or saying what shall or shall not be a test vote in this chamber. My vote will be given upon a real, tangible state of facts, involving certain defined principles, and upon no supposed case.

Mr. BUCHANAN had but a few words to say. He had been, in a great degree, anticipated by the remarks of his friend from New Hampshire, [Mr. PIERCE.] With that gentleman he protested against any attempt which had been made, or might be made, to present the present as a test question to him.

He did not consider the motion to postpone the present subject indefinitely, as any test question. Under what circumstances had it been made? Several weeks ago, the majority of the Committee on the Judiciary had reported a bill, confined in its provisions to cases of voluntary bankruptcy. The minority of the same committee had presented another bill, which extended to compulsory bankruptcy, and offered it as a substitute for the bill of the committee. This amendment had been discussed at great length, and amended in several important particulars; and now the friends of a bankrupt system moved to refer the original bill, together with the amendment, on the adoption of which, as a substitute for the original bill, no vote had yet been taken, to a select committee. desired in this manner to perfect the details of the system, and to present it, in one uniform bill, to the Senate and the country. It was at this stage of the proceeding, that the motion for indefinite postponement had been made. For his own part, he believed that ordinary courtesy to the friends of the measure required that they should be permitted to amend their bill, and present it to the Senate in such a form as they preferred. He would not deprive them, by his vote, of this opportunity. After they had presented the bill to the Senate, in its matured shape, then, and not till then, would he consider the question of indefinite postponement as a test question, and such he believed had been the practice of the Senate.

They

But higher considerations than mere courtesy had brought him to this conclusion. He held strong opinions against any bankrupt bill, founded upon the English system. These opinions he had expressed at length, nearly twenty years ago, in the other House of Congress. Although his sympathies were strongly enlisted in favor of the suf. fering debtors throughout the United States, still his impressions were unfavorable to the bill. He should gladly be convinced that he had been wrong. The Senate of his own State had passed a resolu. tion, with but a few dissenting voices, in favor of a bankrupt bill. It was not an instruction, but a strong expression of opinion. Under such circumstances, with so many meritorious individuals interested, he thought it would be both a harsh and unjust measure for him to deay to the friends of the bill the opportunity of perfecting its detads. And this was more especially the case, when every person, who had stu

died the subjeet, must acknowledge that the details of any bankrupt bill essentially entered into i's merits. He himself was not opposed to adopting the principle of releasing honest insolvent debtors, who had surrendered all their property to their creditors, provided such a law could be framed by Congress as would not introduce evils in practice to the community which would more than counterbalance all the good proposed to be accomplished. He was, therefore, entirely willing to recommit the subject to a select committee of its peculiar friends.

It was highly probable that no bankrupt bill would become a law at the present session. Let its friends, therefore, place the subject in its best form. Let them in this manner present a distinct issue before the people of the country. He himself would obey the voice of public opinion in his own State, expressed in the constitutional manner. Should he not be instructed, at the present session, by the authority which he felt himself bound to obey, it was his strong impression that he should, acting upon his own responsibility, vote against the measure, in any form in which it would probably be presented by the committee. Still, he was willing to give its friends every fair opportunity of offering it to the public in the form which they might deem the most perfect.

Mr. ALLEN said that the object of his former remarks had been attained. He desired that gentlemen, in giving their votes on this question, should not be placed in a false position. They had accordingly explained their views in the vo.es they were about to give, and this was the object he had in view when he was up before. He would himself most cheerfully vote for the indefinite postponement of the whole matter.

Mr. SEVIER and Mr. LINN expressed their views on the whole question somewhat at length, (a report of which will be given hereafter,) and the question being taken, the motion to postpone indefinitely was lost-ayes 16, noes 28, as follows:

YEAS--Messrs. Allen, Anderson, Benton, Brown, Calhoun, Fulton, Grundy, Hubbard, Lina, Pierce, Prentiss, Preston, Roane, Robinson, Sevier, and Tappan-16.

NAYS-Messrs. Buchanan, Clay of Alabama, Clay of Kentucky, Clayton, Crittenden, Cuthbert, Davis, Dixon, Huntington, King, Knight, Lumpkin, Merrick, Mouton, Nicholas, Norvell, Phelps, Porter, Smith of Indiana, Southard, Tallmadge, Walker, Wall, Webster, White, Williams, Wright, and Young-28.

On motion of Mr. CRITTENDEN, the whole subject was then referred to a select committee of seven, to be selected by the CHAIR, and the following Senators were appointed said committee:

Messrs. CRITTENDEN, CLAYTON, WALKER, HUNTINGTON, WILLIAMS, NORVELL, and NICHOLAS. On motion, the Senate then adjourned to Monday next.

. HOUSE OF REPRESENTATIVES,
FRIDAY, June 5, 1840.

After the journal had been read, Mr. P. J. WAGNER, on leave, submitted the following resolution; which was agreed to:

Resolved, That the Commissioner of Pensions be directed to report to this House, by what authority the payment of arrears of military pensions, granied since 4th of March last past, to pensioners and widows of the Revolutionary pensioners, under the special of 1832, 36, and '38, has been, and is withheld by the pension agents in the different States.

Mr. SERGEANT, from the Committee on the Judiciary, to which was referred the memorial of Lysander Spooner, containing charges of official misconduct against John McLean, one of the justices of the Supreme Court of the United States, made a report, concluding with the following resolutions, which the committee unanimously recommend to be adopted by the House.

Resolved, That the charges exhibited against the Hon. John McLean, one of the judges of the Su. preme Court of the United States, by Lysander Spooner, a citizen of Massachusetts, in his memorial presented to the House of Representatives, and

referred to the Committee on the Judiciary on the 25th of May last, are unfounded; and that the confidence of the House in the integrity of the said judge, is not, by reason of such charges, in any degree, changed, lessened or impaired.

Resolved, That the committee be discharged from further consideration of the said memorial.

On motion of Mr. SERGEANT, the report was laid on the table, and ordered to be printed. Mr. CHINN of Louisiana moved the adoption of the following resolution, offered by him a short time ago:

Resolved, That the Postmaster General communicate to this House, without delay, the time at which the postmaster at Baton Rouge, Louisiana, became a defaulter; the time, number, and amount of the various drafss which have been drawn on him, and which he has refused or neglected to pay; and particularly the amount now due by said postmaster to the Government. Also, all the communications which have been written and received in relation to said defalcations, together with all the correspondence which has occurred, touch the removal from office of said postmaster, and of the appointment of a successor to said office.

Mr. MCKAY said that when, with others, he had voted against a suspension of the rules, to enable the resolution to be received, he had done so on the ground that it was worded so as to require them to admit that the postmaster was a defaulter. It assumed that he was in fauit. Now he proposed to modify the resolution, so as to leave it to be ascertained whether the postmaster at Baton Rouge was a defaulter or not.

After some debate of a conversational character,

The SPEAKER said the resolution could only be received by general consent.

And the question being on its reception, objection was made, and the resolation was not received.

Mr. McKAY then moved a suspension of the rules, for the purpose of offering a resolution on the same subject, as follows:

Resolved, That the Postmaster General be, and he is hereby, directed to communicate to this House without delay, whether the postmaster at Baton Rouge be a defaulter or not; and if so, when be became one-whether any drafts have been drawn on him which he has refused or neglected to pay, and the time, number, and amount thereof, And also particularly, whether said postmaster be indebted to the Government or not, and the amount thereof, and all communications to or from the Department respecting said indebtedness.

Mr. JONES of Virginia wished to know whether the motion to suspend was intended to em. brace the whole day, or merely the morning

hour.

Mr. McKAY replied, the morning hour only. The question being on the motion to suspend, Mr. ANDREWS demanded the yeas and nays; which being ordered, were-yeas 161 nays 4.

So the rules were suspended, and the resolution

received.

Mr. McKAY said he had been all along perfectly willing for an investigation; but he objected to the terms of the resolution of the gentleman from Louisiana, inasmuch as it assumed that the postmaster was guilty. In his opinion it was wrong thus to assume that a man was a defaulter beforehand. He had also another objection, which was to the call upen the Postmaster General for the correspondence relating to the removal of a postmaster. He believed there was no instance in either House of Congress where a call had been made upon the head of an Executive Department, for correspondence in relation to the removal of an officer. It was a subject which had been very much debated in both Houses. He referred to a case which occurred some years ago in relation to the removal of a certain postmaster, and when the Senate voted distinctly in reference to this subject, and decided that they had no right to call on the Postmaster General for correspondence in relation to the removal of an officer.

Mr. McK. said he did not intend to be understood as denying that the House, in certain extreme cases, might, in the exercise of its inquisi

EL

torial power, call upoa the Postmaster General for correspondence. There could be no doubt about it. But then he was sure the gentleman from Louisiana would not pretend that this was a case of that nature. The resolution he now offered would elicit all the facts, and would prove satisfac. tory to all. Believing that no benefit could arise from any further debate on the subject, he would conclude by moving the previous question.

Mr. McKAY moved the previous question; which received a second, on count, by-ayes 80, noes 77.

Mr. CHINN here stated that the postmaster acknowledged that he was a defaulter, and that he had a letter in his possession in the House in proof of that fact.

Mr. L. WILLIAMS inquired of the CHAIR whether it was in order to move to reconsider the vote by which the rules were suspended? if so, he made that motion.

Mr. DROMGOOLE rose to a point or order. He contended that it was not in order to make a motion intervening the second to the previous question and the time that the CHAIR propounds the question "Shall the main question be put?"

The CHAIR cited a case this session, by which a motion was entertained intervening the second and the propounding of the question "Shall the main question be put?" The only difference between that case and the present one was, that, in the former case the previous question had not received a second; but in this instance it had. He did not consider, however, that that had made any difference. He decided that it was in order to make the motion to reconsider.

Mr. DROMGOOLE did not believe it was a correct decision, and took an appeal.

The question now being, Shall the opinion of the CHAIR stand as the judgment of the Hous:?

Mr. L. WILLIAMS demanded the yeas and nays; which, having been ordered, were-yeas 78, nays 85.

So the decision of the CHAIR was reversed.

The question then recurring on the question, "Shall the main question be now put?" (which, if ordered, would be on the adoption of the resolution)

Mr. EVERETT called for the yeas and nays; which, having been ordered, were-yeas 94, nays 80, as follows:

YEAS-Messrs. Judson Allen, Hugh J. Anderson, Atherton, Banks, Beauty, Beirne, Boyd, Brewster, Burke, Bynum, Carr, Cafford, Coles, Connor, Wm. R. Cooper, Craig, Crary, Dana, John Davis, Doan, Doig, Dromgoole, Duncan, Earl, Eastman, Ely, Floyd, Fornance, Galbraith, Gerry, Griffin, Hammond, Hand, Jno. Hastings, Hawkins, Hillen, Holleman, Hopkins, Howard, Hubbard, Jackson, Jameson, Joseph Johnson, Cave Johnson, Nathaniel Jones, John W. Jones, Keim, Kemble, Kille, Leadbetter, Leet, Leonard, Lewis, Lowell, Lucas, McClellan, McCulloh, McKay, Marchand, Mason, Miller, Montanya, Montgomery, Samuel W. Morris, Newhard, Parish, Parmenter, Paynter, Petrikin, Prentiss, Ramsey, Reynolds, Edward Rogers, Samuels, Shaw, Shepard, Thomas Smith, Starkwea her, Steenrod, Sumpter, Swearingen, Sweney, Taylor, Francis Thomas, Philip F. Thomas, Jacob Thompson, Turney, Vanderpoel, David D Wagener, Watterson, Wick, Jared W. Williams, Henry Williams, and Worthington-94. NAYS-Messrs. Adams, Alford, Andrews, Baker, Barnard, Bell, Biddle, Bond, Briggs, Brockway, Calhoun, W. B. Campbell, Carter, Casey, Chinn, Crabb, Crockett, Curtis, Cushing, Edward Davies, Garret Davis, Dawson, Deberry, Dennis, Dellet, Edwards. Everett, Goggin, Goode, Graham, Green, Grinnell, Hall, W. S. Hastings, Hawes, Henry, Hill of Virginia, Hunt, James, William Cost Johnson, Kempshall, King, Lin coln, Mallory, Marvin, Mitchell, Monroe, Morgan, Naylor, Nisbet, Ogle, Osborne, Peck, Pope, Randolph, Rariden, Ray. ner, Reed, Ridgway, Russell, Saltonstall, Sergeant, Simonton, Slade, Stanly, Storrs, Stuart, Taliaferro, Waddy Thompson, Tillinghast, Toland, Triplett, Trumbull, Underwood. Peter J. Wagner, John White, Thos. W. Williams, Lewis Williams, Joseph L. Williams, Christopher H. Williams, and Wise-SO. So the main question having been ordered to be put, was put, and the resolution was adopted. The morning hour having expired,

Mr. J W. JONES moved to suspend the rules to go into Committee of the Whole on the state of the Union.

Mr. JAMES demanded the yeas and nays on that motion; which having been ordered, wereyeas 104, nays 73.

The motion under the amended rule requiring only a majority, the rules were suspended.

Mr. KEIM asked the general consent to make a report from the Committee on the Militia; but ob

jection was made to its reception.

INDEPENDENT TREASURY BILL. The House then resolved itself into a Commit

tee of the Whole on the state of the Union, (Mr. BANKS in the chair,) and resumed the consideration of the Independent Treasury bill.

Mr. WHITE of Kentucky, who was entitled to the floor, argued that the bill had been in operation, notwithstanding the friends of the bill contended that it had not-that the measure had not been called for by the popular will-that it had been condemned in 1837, 38, and '39, by the representatives of the people, and by the people themselves, whenever the question was directly presented to them; that it was more expensive than the State bank deposite system, or when the Bank of the United States was the fiscal agent of the Go. vernment that there was less responsibility to the Government in it; that it was less secure and economical than the above systems. He argued that the Independent Treasury bill would fall still born, and would be inoperative without the Treasury Note bill-that that measure would give vitality to it.

He also commented on such parts of the President's message as asserted that there was a sympathy and connection between the Bank of England and the banking system of this country, and denied the position assumed in the message. He examined the question of currency in all its bearings upon the productive industry of the country, and attributed all the evils of its derangement to the past policy of the administrations of Jackson and Van Buren; and contended that there had been, as there now was, a concerted design, on the part of those Democratic Presidents and certain leading men of the Democratic party, to break down the banking system of the country. In speaking of the objects, tendency, and effects of the bank power, he said it was disgusting to argue that such power was favorable to the aristocracy, or inimical to the interests of the mass of the people. In speaking of the opinions of several statesmen, as connected with the positions he assumed in his argument against the bill, he said that Washington asserted that one of the greatest evils in a Democratic Government was that the people had to feel before they would thiak. They had suffered, said Mr. W. and it would be their own fault if they did not correct the present evils.

The House took its usual recess at half-past two. EVENING SESSION.

Mr. WHITE resumed his remarks, in opposition to the bill; and concluded at 7 o'clock; at which time,

Mr. RAMSEY obtained the floor; and, on his motion, the committee rose, and then The House adjourned.

HOUSE OF REPRESENTATIVES,
SATURDAY, June 6, 1840.

Mr KEIM, from the Committee on the Militia, to which had been referred on the 2d March, the report of the Secretary of War for the re-organization of the militia, by leave, made a report on that subject.

Mr. TRIPLETT, from the same committee, on leave, reported the views of the minority of that committee in relation to the plan for the re-organization of the militia.

On motion of Mr. KEIM, both of said reports were ordered to lie on the table, and be printed; then

On motion of Mr. DROMGOOLE, and by general consent, 5,000 extra copies of said reports were ordered to be printed.

Mr. TILLINGHAST, from the Committee on the Library, to which had been reported the memorial of Monsieur Alexandre Vattemare of France, in relation to the establishment throughout the world, of a system of international exchanges of literary works, made a report, accompanied by a bill respecting copyrights; which was read twice, and the bill and report ordered to be printed.

Mr. PETRIKIN asked the general consent of the House to offer a resolution; which was read for information, as follows:

Resolved, That the statement made out by the Committee on Mileage, and given to the Sergeantat-Arms of this House, be committeed to said committee, with instructions

1st. To make out the mileage of members fer the present session, in conformity to the mileage allowed and paid to members of the last Congress, and report the same to the Speaker of this House without delay.

2d. To report a bill establishing a uniform method of ascertaining and allowing the mileage of the members of future Congresses.

Mr. OSBORNE objected. Then

Mr. PETRIKIN moved to suspend the rules, to enable him to offer the resolution.

Mr. OSBORNE said he had no particular interest in the question of mileage; but he did not see the chairman of the Committee on Milage in his seat, who, he was informed, was prepared to make a report on the subject, which was the reason why he did object. After some further conversation, Mr. O. withdrew his objection.

Mr. CONNOR renewed it.

Mr. PETRIKIN persisted in his motion to suspend the rules, and demanded the yeas and nays upon it; which having been ordered, were-yeas 79, nays 38. No quorum having voted,

Mr. LEET said it was an important question, and moved a call of the House; which was, however, refused.

Mr. PECK inquired of the CHAIR whether the report alluded to was before the House.

The CHAIR replied thai it was not, but understood it was in the hands of the the Sergeantat-Arms.

Mr. TURNEY inquired of the CHAIR, if the rules were suspended, whether this question would not ride over all other business?

The CHAIR replied that it would.

Mr. PETRIKIN then modified his motion so as to suspend the rules for the morning hour only.

The question was again taken on suspending the rules, by yeas and nays; and decided in the affirmative-yeas 102, nays 45.

Mr. PETRIKIN, being entitled to the floor, yielded it to

Mr. WILLIAMS, of Connecticut, chairman of the Committee on Mileage, who was now present -explained the state of the question before the committee-the difficulty they had to encounter to agree upon some general plan. They had agreed to a report and bill which he was ready to present to the House. He would be glad if the instruc tions proposed should be adopted by the House, as it would relieve that committee of much embarrassment on the points in controversy. He, however, believed that the report and bill would satisfy all present.

The bill and report were then read to the House for information. [The bill so regulates the charges as to restrict the pay to the most direct route] to take effect after the 26th Congress.

Mr. W. then spoke of the want of uniformity in charges under the existing law-that there was great inequality. He thought that, when the committee again met, it would be able to arrange all the difficulties that seemed to be presented in the matter, and that if the bill passed, there would be no difficulty hereafter, or cause of complaint. Mr. PETRIKIN modified his resolut on, by withdrawing the second instruction to the commitHe said he did not wish to consume the time of the House by debating the proposition-he did not think any argument necessary, and therefore moved the previous question.

tee.

Mr. LEET appealed to Mr. PETRIKIN to withdraw the motion for the previous question; but he refused.

Mr. STANLY then moved to lay the resolution on the table.

Mr. REED demanded the yeas and nays on that motion; which, having been ordered, were-yeas 96, nays 78.

So it was laid upon the table.

Mr. BLACK asked a suspension of the rules for two hours, to enable him to offer the following resolution, and to bave the same considered, viz:

Resolved, That the Committee on Mileage be discharged from the further consideration of the subject, and that each and every member of this House shall furnish, upon his own responsibility, to the Sergeant-at-Arms, the distance from Washington to his residence, by the most usual route of

public travel; according to which statement his mileage shall be charged, and that said statement of mileage shall be published in the journal of the House.

Mr: CAMPBELL of Tennessee gave notice that if the rules were suspended, he would move the following as a substitute:

"That the Committee on Mileage be instructed to report a bill prescribing that the mileage allowed to members of Congress shall be computed upon the nearest mail route from their residences to the seat of Government; and that said committee be instructed to report to the Sergeant-at-Arms the mileage of the members thereof, to be computed upon the nearest mail route from their residences to the seat of Governmeal.

Mr. JAMESON gave notice that he would propose the following as an amendment, viz:

"Resolved, That the Committee on Mileage be authorized, if satisfied of any mistake they may have made in the calculation of the mileage of any member, to correct the same.

The question being on suspending the rules, for the reception of the resolution of Mr. BLACK,

Mr. CROSS demanded the yeas and nays on that motion; which, having been ordered, wereyeas 53, nays 94.

So the rules were not suspended.

Some conversation here took place between Mr. WILLIAMS of Connecticut and Mr.ALFORD, as to the power of the committee over the subject.

Mr. WILLIAMS asked that the rules might be suspended to receive the bill and report, that the same might be printed.

Mr. REED demanded the yeas and nays on the motion; which, having been ordered, were-yeas 107, nays 48.

So the rules having been suspended;
The bill and report were received.
The bill was read the second time.

Mr. CAMPBELL of Tennessee moved so to amend it that the law take effect immediately after its passage.

On motion of Mr. WILLIAMS, the bill was committed, and the bill and report were ordered to be printed.

Mr. WILLIAMS of Connecticut moved to postpone the further consideration of the bill till Tuesday next, and that it be made the special order for one hour on that day.

The yeas and nays having been called for, and ordered on that motion, were-yeas 9, nays 47not being two-thirds, the motion was lost.

Mr. JONES of Virginia moved to suspend the rules, so that the House resolve itself into a Committee of the Whole on the state of the Union.

Mr. STANLY moved to reconsider the vote by which the resolution of Mr. MCKAY was adopted on yesterday, calling on the Postmaster General for information in relation to the alleged defalcation of the postmaster at Baton Rouge, with the view of submiting a resolution authorizing the Postmaster General to secure all the correspondence between himself and all the postmasters, and deposite the same in the fire proof vaults of the Treasury building; that such correspondence may not again be destroyed by fire.

Objections having been male,

Mr. STANLY moved to suspend the rules to enable him to offer it.

The CHAIR said it was not in order, there being already one motion to suspend the rules pending.

The question was then taken on suspending the rules to go into Committee of the Whole on the state of the Union, and agreed to.

The SPEAKER laid before the House the following communication from the President of the United States, viz:

To the House of Representatives:

I herewith submit a report from the Secretary of the Treasury, showing the progress made in complying with the requirements of a resolution, passed February 6, 1839, concerning the mineral lands of the United States. The documents he communicates contain much important information on the subject of these lands; and a plan for the sale of

June 4th, 1840.

M. VAN BUREN.

On motion of Mr. CAVE JOHNSON, referred to the Committee on Public Lands, and ordered to be printed.

Mr. STEWART of Illinois moved that five thousand extra copies be printed.

Mr. DAVIS of Indiana moved that ten thousand additional copies be printed.

Mr. CAVE JOHNSON objected, and the motion accordingly lies over one day under the rule.

The bill on the SPEAKER's table, entitled an act concerning prisoners of the United States committed to the jail of the county of Providence, in Rhode Island, was read twice, and by special order the third time, and passed.

INDEPENDENT TREASURY BILL.

The House then resolved itself into a Committee of the Whole on the state of the Union, and resumed the consideration of the Independent Treasury bill.

Mr. RAMSEY being entitled to the floor, spoke at some length in favor of the bill, and in confuting the sophistical arguments which had been urged in support of the paper system. He took a review of those countries in which the banking system had been for ages unknown, and showed from historical facts that a fluctuating paper currency was not, as had been contended, essential to the prosperity of a nation. He had not proceeded far, when

The hour for taking the usual recess having arrived,

The committee rose, and the SPEAKER resumed the chair for the purpose of announcing that fact,

when

Mr. STANLY moved to adjourn; on which motion the veas and nays were ordered.

Mr. DROMGOOLE wished, before the motion was put, to have read, for information, a resǝlutios proposing an alteration in the daily hour of meeting to 10 o'clock, a. m.

The resolution having been read,

Mr. D. wished to submit it, but objection being made, and the motion to adjourn insisted upon,

Mr. D. inquireu of the CHAIR whether, after the hour of recess had arrived, the motion to adjourn could be received.

The SPEAKER replied, it could only be received by general consent.

Mr. DROMGOOLE then said he wou'd object to it, and insist upon the recess; which was taken accordingly.

EVENING SESSION.

After the recess,

The SPEAKER resumed the chair, the question pending on the motion of Mr. STANLY to adjourn, and on which motion the yeas and nays had been ordered.

After some debate of a desultory character, the question was taken on the motion to adjourn, and resulted as follows: yeas 7, navs 27.

So the House refused to adjoura.

Mr. HOLMES then moved that the House again resolve itself into Committee of the Whole on the Independent Treasury bill.

Mr. ADAMS and others objected, on the ground that there was no quorum present.

Mr. DROMGOOLE moved a call of the House, but it was not ordered.

The motion that the House go again into committee was then renewed.

Mr. ADAMS objected, as there was no House present.

The motion to adjourn was then renewed, and on being put, was again rejected-yeas 29, nays 48.

Mr. MORGAN moved a call of the House. Mr. JAMESON, on that motion, demanded the yeas and nays; which being ordered, were-yeas 49, nays 37. So the call was ordered, and proceeded in until 95 members answered to their

IN SENATE,

MONDAY, June 8, 1840.

The CHAIR presented a report from the Secre tary of War, transmitting documents in relation to the proceedings for the recovery of the Peapatch island; which was laid on the table, and ordered to be printed.

Mr. NICHOLAS presented the memorial of the underwriters of the city of New Orleans, remon strating against the repeal of the pilot laws of 1837; which was referred to the Committee on Commerce, and ordered to be printed.

Mr. WRIGHT, from the Committee on Finance, to which was referred the bill from the House to ensure the more faithful execution of the laws relating to the collection of duties on imports, reported the same with various amendments. The bill, as proposed to be amended, was ordered to be printed; and Mr. W. said that he was instructed by the committee to give notice that he would ask for its consideration at the earliest day it would be convenient after the bill was printed.

Mr. STRANGE, from the Committee on the Judiciary, to which was referred the bills from the House,

For the relief of John Roberts; and

For the relief of William J. Roberts, and William Detherage;

made unfavorable reports thereon; which were ordered to be printed.

Mr. STRANGE, from the Committee on Patents, to which was referred the bill for the relief of John W. Faunce and Oliver Perrin, reported the same without amendment.

Mr. PIERCE, from the committee on Pensions, to which, was referred the bills from the House For the relief of Ann Bloomfield; and For the relief of Michael Seitzinger; made unfavorable reports thereon, which were ordered to be printed.

The bill making provisions for the payment of pensions to the executors and administrators of decea ed pensioners in certain cases, was read a third time, and passed.

The bill for the relief of the legal representatives of Philip Barbour, deceased, was read a third time, and passed-ayes 24, noes 20.

The bill for the relief of General Duncan L. Clinch was taken up as in committee of the whole, and the question being on the amendment pro. posed by the Committee on Claims, it was agreed to-ayes 21, noes 17; and the bill was then or dered to be engrossed for a third reading.

Mr. ROANE moved that there be printed for the use of the Senate, ten thousand extra copies of the report made by the Committee on the Militia on Thursday last; which, at the suggestion of Mr. NORVELL, he modified so as to make it twenty thousand.

On this motion a long and animated debate took place, in which Messrs. ROANE, CLAY of Alabama, PRESTON, WEBSTER, KING, and WALKER, participated; when its further conside ration was postponed until Wednesday.

Mr. PRESTON then moved that the letter of Mr. Poinsett, containing his projet for organizing and disciplining the militia, be printed; which, at the suggestion of Mr. WALKER, was modified by including the letter of Mr. Poinsett to the chairman of the Committee on the Militia.

Mr. CLAY of Alabama then proposed to amend by including the reports made by Gen. Harrison, on the same subject, while he was chairman of the Committee on the Militia, in the year 1817, 1818,

and 1819

23

This was opposed, as an amendment, by Messrs. WEBSTER and PRESTON, but Mr. CLAY insisting on it, and asking the yeas and nays, Mr. WEBSTER Withdrew his opposition.

The amendment was then agreed to, and the resolution, as amended, adopted. The Senate then adjourned.

HOUSE OF REPRESENTATIVES, MONDAY, June 8, 1840. This being the day set apart by the rules for the reception of petitions,

Mr. J. W. JONES moved that the rules be su