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Mr. C. however, amidst the confusion, said that the book was a base libel on Southern institutions; and was smuggled into the House.

Mr. ADAMS, at the top of his voice, cried good! good! [Much laughter.]

Order being at length with difficulty restoredOn motion of Mr. J. W. JONES, the House went once more into Committee of the Whole on the state of the Union, [Mr. BANKS in the chair,] and resumed the consideration of the

INDEPENDENT TREASURY BILL. Mr. ALLEN of Ohio, who had the floor, resumed his speech in opposition to the bill, and continued to address the committee until one o'clock, showing the advantages of a Bank of the United States as an antagonist measure to the Independent Trea

surv.

Mr. SERGEANT next obtained the floor and spoke till the hour of half past two o'clock, in opposition to the bill, at which time the House took its usual recess.

EVENING SESSION.

Mr. SERGEANT resumed his remarks. He pointed out the demerits of the Independent Treasury system, and the advantages of a Bank of the United States. He had not concluded at half past six o'clock, p. m. at which hour he gave way to

Mr. GRAVES, who moved that the committee rise; which question was taken by tellers, and resulted-ayes 65, nays 57. So the committee accordingly rose; and the Speaker having resumed the chair.

Mr. WISE said he was about to make one of the shortest speeches that he had ever made. He expected to be absent for a few days. He gave notice to the House and to his constituents, that he would, if present when the question was taken on the Independent Treasury bill, vote against it. He therefore inoved that the House adjourn.

Mr. HAND demanded the yeas and nays on that motion, which having been ordered, were-yeas 76, nays 69.

The House accordingly adjourned.

IN SENATE,
THURSDAY, June 25, 1840.

The VICE PRESIDENT presented to the Senate the petition of Mr. Petromueski, a Polish exile, in relation to the distribution of the lands granted by the Government; which was referred to the Committee on the Public Lands.

Mr. BUCHANAN, from the Committee on Foreign Relations, to which was referred the request of the citizens of New York for the recall of Consul Trist from Havana, asked to be discharged from the same, and that it be referred to the Committee on Commerce, who were investigating the charges against Mr. Trist; which was agreed to.

Mr. PHELPS, from the Committee on Indian Affairs, reported House bill for the relief of Hiram Lassell, with an amendment.

Mr. P. also, from the same committee, asked to be discharged from the further consideration of the memorial of the Territory of Iowa, in relation to the extinction of an Indian title; which was agreed to.

Mr. WALL, from the Committee on the Judiciary, asked to be discharged from the further consideration of the memorial of J. F. Sarchet, asking that appeals in the collection of the revenue from District and Circuit Courts to the Supreme Court of the United States might be

allowed.

The following bills were read a third time, and passed:

The bill further supplemental to an act entitled "an act to abolish imprisonment for debt in certain cases," passed February 24, 1839.

The bill to enable the United States to discharge liens and encumbrances upon any real estate which now is, or hereafter may become, the property of the United States.

The bill for the relief of Augustus Davezac, William D. Jones, and Nathaniel Niles.

The bill for the relief of the administrator of William Hogan, was taken up as in committee of the ⚫ whole, and

Mr. HUBBARD opposed the bill at much length, reviewing the various items in detail, and demonstrating that the claim was not only unfounded, but that there actually was a charge of some thousands of dollars against the claimant on the books of the Treasury at this day.

Mr. STRANGE rose to reply, but gave way

to the suggestion that the time for taking up the special order had arrived.

Mr. ALLEN submitted the following resolution; which, by unanimous consent, was considered and adopted:

Resolved, That the Secretary of the Treasury report to the Senate the amount of all the moneys appropriated to be expended in the District of Columbia by acts of Congress since the location of the seat of Government within the District. Also, the amount appropriated in lots, lands, or other public property, exclusively of the ordinary expenditures of the Government; and that he separate such appropriations in tabular form, as follows: giving the appropriations of each year in the order of time, the amount of each appropriation, and the particular object to which each appropriation was made, whether made to the District, to either of the cities, or to any corporation or individual within the District. SYSTEM OF BANKRUPTCY.

The bill to establish a uniform system of bankruptcy throughout the United States having been read a third time and several amendments, suggested by Mr. WALL, not interfering with the general principles of the bill, having been adopted,

Mr. TAPPAN briefly submitted his reasons for having opposed the bill, and why he should record his vote against its passage. He entertained no doubt that the Constitution gave to Congress full power over the whole subject, but he thought the exercise of that power at this time, of extremely doubtful expediency. The bill now before the Senate, though general in its character, will not be uniform in its operation; that is, its operation will not be the same on the merchant of New York as on the farmer of Ohio. He thought that the sentiments of the great mass of the community were in opposition to such a law, and instanced the fact that the former enactment of Congress on this subject was permitted to remain but two years on our statute book. He concluded by expressing his opinion, that though the Constitution conferred the power of making laws on the subject of bankruptcy to the General Government, it was one of those matters which sound policy dictated should be left to the legislation of the respective States.

Mr. LUMPKIN said the time had now passed for a detailed investigation of the merits of this important measure; he rose for no such purpose; his object was to submit a few general and brief remarks in justification of the vote which he intended to give.

Mr. L. said he had been true to the pledge which he had given to the Senate, at an earlier stage of the discussion on this subject. He had not suffered himself to make up a definitive opinion, until full time and opportunity had been afforded the leading friends of this measure to amend, modify and mould its provisions, to suit their views of the interest of those intended to be benefited, including both debtor and creditor. But, sir, the time has now arrived when the final action of the Senate is called for upon the final passage of the bill; and, for one, I am ready for that decision. After the most patient investigation and mature consideration of the whole subject, aided as I have been in the formation of my conclusions, by the ability and intelligence of this enlightened Senate, I no longer hesitate. I am ready to give my vote against the passage of the bill. This, sir, is a measure of importance, on account of the principles involved, as well as the great individual interests now at issue on the question. It is a measure upon which Congress should not legislate, so long as a strong doubt of the propriety of the legislation proposed rests on the mind of the legislator. That pure and sensible statesman, Nathaniel Macon, advised me twenty-five years ago never to vote for an important measure, so long as I entertained doubts of the expediency, and especially of the constitutionality of the measure proposed. The advice was good, sir, and deserves the consideration of every statesman. We all admit the constitutional authority of Congress to pass uniform laws on the subject of bankruptcies. But, sir, I doubt the constitutionality of this law. To my mind its operation will not be uniform. It will be partial and unjust in many respects to both debtor and creditor. Should this bill become the law of the land, I now venture the opinion that it will become an odious and offensive law to the larger portion of the people of this country. Its injustice and partial effects will be more fully developed by its operation than can

be done by any argument on the floor of the Senate at this time. Equal laws, and equal political rights, are the letter and spirit of our institutions. I dislike all legislation designed for the enclusive benefit of the few. Moreover, sir, this bill, to my mind, interferes too much with individual contracts and obligations. I can find no power in the Constitution which authorizes Congress to impair the obligation of individual contracts. A proper sense of moral duty compels every man to consider his vows and obligations sacred. An honest debtor, if legally absolved from the embarrassment of all his debts, would nevertheless feel himself bound, if the smiles of fortune should afterwards enable him to do so, to hunt up and discharge all his old contracts.

Mr. President, I protest, sir, against being numbered amongst those who have no sympathy for honest debtors, for suffering humanity, wherever it may exist. I am not only in favor of abolition from imprisonment, and all other shackles for debt, but my feelings incline me to admire the policy of ancient times, when at regular periods the whole people could look forward to the coming year of jubilee, when there would be a full, free, and entire release from all indebtedness and harassing obligations and demands.

But, sir, when debts are contracted with a view to existing laws and regulations in society, the case is altered. The indebtedness of the people of this country has been incurred under a Government which holds out no hope of a year of general release. Hence the great delicacy of the subject, when we attempt by legislation to interfere with debtor and creditor. It is not only a delicate subject in itself; but under our system the division of power between the States and Federal Government, in relation to the proper legislations which in necessary to guard the interest of both debtor and creditor, is such as to require from legislators great circumspection and care.

Sir, the more I have reflected on this subject, in connection with my attention to the able and extended discussion in this chamber, the more I incline to the opinion, that the States are best qualified to provide for the evils which this bill is intended to remedy. The States unquestionably, by their insolvent laws, and other appropriate legislation, have the power to guard the honest but unfortunate debtor, from the unfeeling tyranny and oppression of the assuming creditor; and in most of the States it has already been done.

This bill, if it becomes the law of the land, will doubtless afford great relief to a comparatively very few individuals. But I do verily believe the great majority of both debtors and creditors will be injured by the passage of this bill.

I believe the great majority of both debtors and creditors, under the existing laws of the several States, are in a much better condition than they will be if you pass this bill. The benefits of this measure will extend to but few. A few unfortunate and imprudent merchants, speculators, and traders, will derive benefits from this measure, especially such as do business on a large scale. But, sir, a large majority of the or suffering debtors of our land will never think of relief from your bankrupt law; and if they do, it will only aggravate their suffering, for they will never derive any benefit from its provisions. Sir, I consider this a measure better calculated to benefit lawyers, than either debtors or creditors. Yes, sir, this bill will push many a rich fee into the pockets of legal gentlemen. Sir, there is scarcely any one out of the seventeen sections of the bill, that will not require a lawyer to explain its provisions. Indeed, sir, scarcely any two jurists in this Senate have been able to agree upon the construction of any section of the bill. The discussion here has awakened me to the endless litiThe estate of gation this measure will create. every rich bankrupt throughout the land will af ford a feast of fat things to the lawyers. To that class of the community this measure holds out the prospect of a rich harvest.

Mr. President, the system and subject of credit has of late become an enteresting theme with po liticians. I have often, sir, heard the present Administration of the Federal Government denounced To me, sir, for destroying the credit system. this is all idle, perfectly fallacious. My views of a sound and salutary credit lead me to fear nothing, ask for nothing, from the Government, in the way of credit. What has this Government to do with the credit of individuals? The ouly true basis of credit is industry, economy, punctuality, and honesty.

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The man who earns and receives more than he spends who contracts no unreasonable debts-who manages all his affairs with discretion and prudence-is but rarely the subject of Providential suffering and distress and when such cases do occur, the moral sense of the community will protect such a one from the avaricious oppression of an unfeeling creditor. Sir, I have always had more credit than money. I have never had one moment's distress for fear my credit would fail. The credit of individuals and Governments can only be sustained by the true dignity of living within the means at command. It is not in the power of individuals, or Government, to sustain credit by laws of bankruptcy, or by substituting any kind of fiction for reality. Honesty, sir, is not only the best policy, but it is a moral duty. We should advise the people to work more and spend less; to pay their old debts, and be cautious how they contract new ones. The course suggested will banish distress, and bring prosperity to our beloved country, without the aid of bankrupt laws.

Mr. ANDERSON addressed the Senate as follows:

Mr. President: The bill upon your table is now on its final passage; and I rise, sir, with very great reluctance, to ask the indulgent attention of the Senate, while I state, in the briefest possible manner, the reasons which will induce me to record my vote against it. There are occasions, sir, when a man may not be excused for his silence; and so I think my duty, under the present circumstances, to the State which I have the honor in part to represent, demands of me that I should bear, thus publicly, my testimony against this dangerous and searching

measure.

My distinguished colleague, before the recommitment of the former bill, took the occasion, then, to express his entire disapprobation of the adoption 2. of any general bankrupt law at this time, whatever might be its provisions, and adverted to the fact that he had no reason to suppose that Tennessee wished a system of this kind. I concurred most fully in the views which he entertained, and have now to state, that I have not myself, up to this time, received any evidence that the opinions of the people of Tennessee are in favor

the passage of a bankrupt law. It may well be supposed, therefore, that at the moment when such a mighty power is about to be brought into existence, in a crisis of such peculiar character as that which now pervades this country, I should feel the deepest anxiety for the result, which may, perhaps, fall most unwelcomely, and unexpectedly, upon my constituents.

progression of every thing immensely diversified' beyond any former example, has added much to the increased importance of the question under consideration, and, as I think, to the doubtful character of its policy. Sir, in such circumstances, what are we about to do? We seem upon the very verge of exercising a power which is destined to search this vast and extended population-to try its most vital interests to take absolute and summary possession of the great relations of creditor and debtorto supersede, at a single step, long established opinions to overlay the varied customs and legislation of twenty-six States, differing widely in their interests. All this is to be done by one great, paramount, inflexible, and uniform lawa law which tramples beneath its foot the private rights of individuals, and the judicial power of the States, which interposes for relief, or remedy, between the creditor and the debtor-a law which carries with it into twenty-six distinct and independent jurisdictions more than the power of the writ of summons, and more than the power of the writ of possession. Release is founded upon the oath, and fraud legally presumed at the will of the applicant. The house and the lands of the citizen are to be taken without notice or preparation. The whole system of things is to be changed by the single move of the creditor or debtor. In a contradictory spirit of concession, you give to the most wicked of either class the right to destroy others, and compel, by your policy, the more virtuous to enter into the competition. Accidents and oaths, under this law, may accomplish either end, and it offers the singular spectacle of granting the immunities of voluntary bankruptcy to all, upon the condition that the creditors may make a particular class of debtors liable to their compulsory process. Thus the catastrophe of bankruptcy is to be completed, where undisturbed industry, prudence, integrity, and talent, might relieve the incumbent, without the odium of the injury forever clinging to his name, and rankling in his heart.

This bill provides that all persons may become bankrupts at their election, upon petition, verified by oath, and stating their inability to pay their debts; and that a certain other class, including the merchants, shall be liable to be made bankrupts, under particular and specified circumstances. It has been es partially modified with a view to protect the interests of the creditor, by amendments offered by my distinguished friend [Mr. WRIGHT] from New York. Several propositions which he made, intended to effect this object to a greater extent, I regret to say, it was the pleasure of the Senate, by very small majorities, to reject. I voted for most of them, in order to make this bill less exceptionable than I believed it to be, as originally reported by the select committee. Still, sir, I look upon it as a measure teeming with mischiefs of no ordinary character, to the highest welfare of the Republic.

I shall not now advert to the constitutional questions which this bill involves. They have already been fully and ably discussed by others, and I shall, therefore, call the attention of the Senate to the expediency and probable results of this measure. I confess, sir, I cannot contemplate its passage, without the deepest solicitude for the interests and character of our common country. Without, as it seems to me, sufficient evidence of public opinion, we are pushing it forward with an ardor, and a haste, for which we can offer no adequate justification. We have before us the progress of more than fifty years of fruitful experience, and it is now nearly forty since we dismissed from our statute book, with disgust and indignation, the trial of this system, which was made in eighteen hundred. We had then a population of not much more than four millions of people, and the difference between that number and sixteen millions-between thirteen independent sovereignties and twenty-six of greater magnitude with our agriculture, commerce, and manufactures multiplied in a far higher proportion-with the pursuits of men not only augmented, but in the general

If the proposition were now made for the first time, to grant this power, I have no doubt it would be refused by a large majority of the American people. It has an extent, as it stands in the Constitution, far beyond what could originally have been designed, and whch partly arises from the more fully developed, and better understood nature and construction of our peculiar Government.

productive of the most mischievous results. Th whole basis of the measure invites fraud on the one side, and suspicion on the other. You bring into active application two utterly antagonistical principles-the newly awakened hope of the debtor to escape from responsibility, and the vigilance of the creditor to overtake the debtor for a delinquency, which he may not disregard, for fear of leaving to him the ultimate advantage of the law upon his own terms. The main pillar of credit, that confidence which is mutually inspired by integrity and by justice, will be struck down at a single blow. You destroy, at once, all mutuality of feeling, of forbearance, and of interest. No compositions will ever be proposed, and which might be effected at less expense and less risk between the parties. It will be a race of escape and pursuit, and in the present condition of the country, we will confound the honest and persevering debtor, who would finally pay, with the man of desperate fortunes. We will make an indiscriminate sweep of the unfortunate who yet bear themselves against the tide, with the bold and reckless speculators, who are already ruined; and with this solitary act we will render memorable, in all time to come, the present epoch of our calamity, by a great legal catastrophe, fashioned with singular zeal, anxiety, and labor, from our own hands. If it were possible to limit the effect of the bill before us, I am not prepared to say that it would be without a useful and happy influence upon the condition of society. But, sir, one of the very features which recommend it most strongly to the support of its warmest advocates, is, that it goes to the extent of every interest, and every class in the community, not by merely discharging the contracts of those who are hopeless and remediless, but that the offer of emancipation from debt is universal. The practical effect of this, we know, will spread itself through all the relations of life, but the final end no man can tell. When you shall have broken up the moral bond of union which strengthens and protects the transactions of men, as much as law itself legalizes them, it is impossible to estimate the consequences. I speak not of solitary exceptions-the plundered, willing or unwilling, must struggle with the plunderers the virtuous with the vicious-and the blow which fells to the earth your next neighbor, will carry with it another, and another, without being able to say who shall escape, and who shall be counted last.

Hitherto the danger has been that of obtaining power by construction, but this is so broad and so comprehensive, in its literal sense, that we find ourselves resorting to the expedient of reducing it by appealing to the standard of English authority. And, sir, there is no country in the world where its practical influence would be so peculiarly felt as in ours, both by the people and the Government. It would turn the fears and the hopes of the one to an entire concentration upon the other, and bring that other into the possession of a strength which would give it a consolidated mastery, ultimately, over all things, over men, and over States. In this may be found, in part, connected with other intrinsic objections, the explanation why the exercise of the power was so long postponed, though pressed from seventeen hundred and ninety, annually, until eighteen hundred; and why it was afterwards so early discontinued, and has been since so steadily resisted, until at length, yielding under a succession of panics and disasters, the natural product of the vast bank power of the land, we seem about to reenact this great statute sponge, to be applied, retroactively, upon all the pecuniary responsibilities in the country. Sir, this long postponement, the early repeal of the law, the resistance against its introduction since, present to us, the instructive portion of the history of this subject, and we ought to regard it, until we shall be otherwise informed, as expressive of the deep sense of the American people in favor of the policy of leaving the power entirely dormant in the General Government, and to be supplied by the legislation of the States.

The first blow which will be struck, I fear, wil fall heavily upon the moral feeling of society. It will superinduce on the one side temptations to seek immediate relief by a single act of surrender, where perseverance and skill would, in the course of a few years, recover the unfortunate debtor from his embarrassments. It is certainly true, that the very offer of legal relief, in the first moment of a public panic, is an invitation to cease to make efforts, and will practically be an extinguishment of all debts, without a struggle to pay. On the other hand, it bestows a power upon the creditor which it is illusory to suppose will not be often abused, and as often

This measure, let it be remembered, has been urged by an eloquent appeal to our sympathies; that he, whose head was bowed down, should be lifted up; that the tears of his wife, and his innocent children, would be dried; that the wretched and forlorn should again take their place in society. Sir, no man, I trust, feels more deeply for his fellow man than I do, or would go farther to relieve him under the pressure of distress. But, sir, does justice, does humanity require that we should save some by destroying others? That to dry tears, which already flow, we should strike new fountains from which they would be shed more abundantly? That we should multiply the unfortunate in order to relieve them? That we should disregard the claims, the interests, and condition of the largest business class of men in the nation; and that, of all others, they should be made to feel that we legislate not for them, but for those who are already desperate? Is this fair? Is it just? Is it wise? Is it humane? Will you lay your hand most heavily upon the commercial community, under a mere suspicion that they may deal harshly with others, while your generosity is poured redundantly upon the head of the speculator? Is this, sir, the boasted love of that great interest? Is this the tender mercy which the mercantile class is to receive at the hands of their peculiar friends? Sir, it is the embrace of deathdeath to credit-death to confidence; that confidence which procures rank and station to the trader; which sustains him in many a sore and trying struggle; that confidence which, when every honest effort is expended, would, upon a surrender of his effects, discharge him from his liabilities; that confidence, above all, which reposes upon our justice and our wisdom!

Mr. President, this measure has, to my mind, the most peculiar aspect. It comes before us under the potent auspices of the most singular comI promise ever presented in legislative history. repeat, it is no more or less than that the voluntary bankrupt is to be allowed to escape from hiз creditor, upon condition that creditors may be a lowed to oppress a particular class of debtors. The first would not be permitted, but it is the condi

tion of power to the latter; and, on the other hand, the latter is to be conceded on the condition of that special benefit to the former. It seems to me, sir, that if either would be wrong, and publicly mischievous singly, because of the peculiar state of the country, that the two united will certainly augment the measure of injury. I am unable to understand the philosophy of this subject in any other way. It has been contended that neither, alone, ought to be adopted; if so, a compromise, by which both may be efficient, must therefore, I think, add a double force to the objection that lies against this great experiment.

Sir, I would address Senators, in the language of Mr. Burke, when he wrote to his constituents, with whom he had differed: "I would appeal from the opinions which you now have, to the opinions which you will have five years hence." From the present excitement, to the practical results which we are now preparing, and when every other influence will have passed away, except that experience which will then come home to the feeling and observation of all men!

The policy of this measure may be partly estimated by the amount of debt which exists in the country, and upon a large portion of which it will be immediately directed. It is probably a fair calculation, that the mercantile debt owed by that portion of the country which is now within the range of the suspended banks, is equal to one hundred millions of dollars. Of this, I understand the computation for the city of New York alone to be upwards of sixty millions. The remainder may be divided between Philadelphia and Baltimore. This debt is to be extinguished in two methods; by the voluntary act of the bankrupt, and by the compulsory process which you give to the hand of the creditor. The contracts were made in a period of the highest prices and a swollen currency. That currency has been reduced by the curtailment of the banks, and with their action has fallen the price of wages and of property. They were the primary causes of the first, as they have been of the last; and although over one-half of the nation they are now suspended, and refusing to pay their own notes in specie, the utmost extent of their paper currency is not more than one hundred millions of dollars-not equal to the precious metals which they have driven into retreat. It is in this state of things that you propose this measure of voluntary and compulsory bankruptcy. And, sir, to whom have you given that power of coercion, upon mere petition, without being verified upon oath? without even the right of traversing the question of fraud by a trial by jury, until after the decree is entered upuntil after the blow is struck? We most graciously propose to bestow it upon those very banks, as well as upon individuals-the banks, to whom we have been told, in this debate, that there is a sum of four hundred and sixty millions of dollars owed by the citizens of the United States. They are to be brought into the great field of action, and to become the potent competitors in the general work of ruin and distress. Are we prepared for a scene like this? One vast scene of disaster, of which no man can tell the end? One wide, deep, and lasting excitement. Sir, the country will stand aghast at the practical march of this measure, with its train of clients, of debts, of agents, of assignees, of lawyers, of courts of power, and of patronage! And who will reap the harvest? Most surely, not the creditors! What is the experience of those who bore a part in the administration of the bankrupt act of eighteen hundred? I have before me the testimony of one whose talents and character entitle his opinions to the highest respect. I am not disposed to surrender a question of this magnitude to the mere authority of names; but Mr. Tazewell of Virginia delivered this testimony in the Senate, upon the debate on the bankrupt bill in eighteen hundred and twenty-seven, and spoke of that which he personally knew, and which no man will venture to controvert, and which I have no doubt, upon examination, will be found to be sustained by the facts that transpired in almost every State of the Union. I beg leave, sir, to read his statement. He says: "When the former bankrupt law was in existence, he resided in a seaport town, and was engaged in almost every case of bankruptcy that occurred during its operation; and he could assure the Senate that he never knew a solitary case, in which the creditor obtained one cent. The debtors had often large estates-there was a large amount of property somewhere; but by the time it had been filtered through the hands of the assignees, of the commissioners,

and their deputies, and agents, and this, and that,
and the cther officer, appointed to act upon it, not a
fraction was left for the creditor. The whole had
been absorbed in its progress." And such, sir,
I have no doubt, will be the progress of this measure,
in the contact and process of agents and of courts.

There is another consideration connected with
this subject, which, I think, is entitled to some
weight, and ought to be felt, at least by those who
complain of the expenditures of this Government.
The total sum which will, in all probability, be ex-
tinguished, either by payment or discharge, cannot
fall much short of two hundred millions of dollars.
The number of bankrupts will be, perhaps, not
less than two hundred thousand. I have heard it
estimated to be much greater. Be this as it may, it
is very certain that your courts, as at present con-
stituted, cannot possibly execute the immense mass
of business-the almost endless suits, in addition
to the separate cases of bankruptcy, which will be
cast upon them. It is true that this bill provides that
they shall be considered as always open to applica-
tions under the act, but their number is too few to
enable them to go through but a small portion of the
causes. You will be compelled to increase the
number of your judges, and subdivide your present
districts, or to create a special set of commissioners,
for the sole purpose of executing this law. Let
those who are the special friends of this measure, be
prepared to take also this responsibility. It will be
found to be one of no inconsiderable magnitude.

The period now fixed, at which it is to take effect,
is the first of February next. Why not then post-
pone any legislation until the next session of Con-
gress, as we shall have, in the interval, the oppor-
tunity of returning to our constituents, and consult-
ing them upon a subject scarcely inferior in impor-
tance to any which may require their consideration?
Or is it possible that the anxiety to pass this bill
will not brook delay? Sir, that delay would bring
back upon us the judgment which may reverse the
decision which we are probably this day to make.

Mr. President, I fear it is in vain to hope for
the defeat of this measure. But, sir, I think it
would have been prudent, in the midst of the pre-
sent excitement and pressure, to have trusted a lit-
tle longer to the forbearance and magnanimity of
the creditor, to the honesty, the industry, and the per-
severance of the debtor. In Tennessee, sir, like
every other portion of this Union, we are considera-
bly in debt; and although we cannot pay to-day,or tc-
morrow,or next day, we are essentially a solvent and
a paying people. We want no sponging retroac-
tion-but will, in the end, with few exceptions, pay
the last cent for which we are liable. But establish
this law, and though it may cast the sunshine of
hope upon the path of many a worthy and unfortu-
nate man, who is bent beneath the burden of his
disasters, it will just as surely overshadow with
misfortune others of equal merit, who would,
if undisturbed, pass triumphantly through the im-
pending calamities. For every bankrupt it may
relieve, the very moral, as well as compulsory
power of its provisions will follow, pari passu, to
add its victim to that object of your mercy. The
very mercy of this twofold system will stimu-
late the fears of the creditor, who will
most naturally avail himself of every advan-
tage against the debtor, whom the law has
armed with the choice of his own fortunes,
and we shall exhibit the great national spectacle
of fierce passions and private plunder, overruling
the mastery of every nobler feeling, under the influ-
ence of such temptations as few can resist, and
the impulse of such a revolution as none can stay.
Instead of being a measure to cure the evils under
which we are suffering, it will propagate bank-
ruptcies with a prolific hand. Whatever may be
the theory of gentlemen upon this subject, however
they may expect to bring peace, hope, and joy to
the bosom of the ruined, there is another side
of this picture, upon which the statesman cannot
look without apprehension and doubt; it is where
those are to be seen on whom ruin will be brought.
The law will take its course. The fears and cupi.
dity of men will sweep over the land in one deep
and rapid stream! No industry, no integrity, no
perseverance, no probable prospect of success can
arrest it. I would that we could pause before we
adopt this terrible and delusive measure. There
is nothing in the history of the past to assure us of
the wisdom of the step we are about to take.

If the Constitution contemplates such a measure as this for the protection of commerce, our pros perity, for nearly forty years, is proof that it is not demanded. It is said to have this basis for its policy in England, but with all her advantages, and the aid of its protection and encouragement, we have advanced many per cent. in the proportion of the whole, beyond her commercial and navigating interests. As a permanent measure, it would be found, as I thin, to have no such influence. Even as a temporary remedy, the power is too dangerous, and the consequences are too alarming.

Let us pause before we pass this bill. It will array the North against the South. It will engender a suspicion, a distrust, a deep rooted prejudice, which can scarcely be obliterated during the quarter of a century. It will be a standard subject of reference for the guidance and action of the next generation, and instead of promoting the prosperity of commerce, I fear it will materially affect its best interests, particularly by its premature adoption.

Besides all this, the country has not had half time to right itself-to recover from the stupor of its extravagance to return to habits of economy-to make a steady, united, and persevering effort to pay its debts. Let us, therefore, look not so much to fear as to hope-to despair as to a firm resolve to pay-to the forbearance of creditors-to the jus tice and industry of debtors. Our countrymen are full of a noble love, and a noble confidence towards each other; and it becomes us, as the grave advisers and lawgivers of the land, not to weaken, discourage, or destroy these sacred relations. We may rely upon it, sir, public opinion is not fully ripe for this measure. The time may come when it may demand some system of this kind, for relief and for remedy; but let us not hastily and prematurely, at the first alarm, produce a revolution in our laws, and the laws of twenty-six States, which, when put into motion, cannot be arrested by a hand less powerful than our own. Let us not be borne down by the mental pressure of the moment, but standing erect, with a wise forecast, ask ourselves the question, how this will be, after the experiment has been passed, and the experience of years has sealed its character?

Mr. WALL stated that he had, from the commencement of the debate on this question, had the strongest desire that the bill should assume such a shape as would enable him to give it his support, but in this he had been thwarted; and though no one could feel more the necessity of passing some measure for the relief of a large portion of the community, he could not vote for the bill in its present shape. Mr. W. then referred to various misrepresentations which had been made as to his course on this bill, and referred particularly to the printed speech of Mr. WEBSTER, in which his arguments were misstated and misrepresented. Mr. WEBSTER explained, and disavowed any intention to misrepresent the Senator.]

Mr. W. then proceeded at considerable length in opposition to the bill.

Mr. HENDERSON said this bill was not such, of all others, as most challenged his approbation. Against its compulsory process he could not too earnestly protest. He disapproved of that feature in toto, and did not believe it could ever operate for good. The power of the States, in respect to the redress of the creditor against his debtor, was already ample, and in his opinion demanded no aid from Congress. But, in this opinion, he had been overruled by a majority of the Senate. He submitted to that decision from necessity. But this bill contained the essential and salutary power, the redeeming power, of breaking the prisoner's chains and setting the captive free-a power which no State could assert, and this Government alone could exercise. This consideration alone reconciled him to the measure: and, in his judgment, overbalanced the objectionable principles it adopted and furnished a preponderating apology for the Federal machinery it necessairily put in operation. He should, therefore, vote for the bil.

Mr. YOUNG said he had examined with great care the records of the Supreme Court on this subject, and he had found that, unless Congress should interfere, a large portion of debtors would be wholly

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without remedy. Mr. Y. read some extracts,

which went to show that, by the exertion of the whole power of the States, there could be no discharge of the bankrupt debtor, except in cases between citizens of the same State.

The bill was now passed by the following vote: YEAS-Messrs. Clayton, Davis, Dixon, Henderson, Huntington, Knight, Mouton, Nicholas, Norvell, Phelps, Porter, Ruggles, Smith of Indiana, Southard, Tallmadge, Walker, Webster, White, Williams, Wright, and Young-20

NAYS-Messrs. Allen, Anderson, Benton, Brown, Buchanan, Calhoun, Clay of Alabama, Cuthbert, Hubbard, King, Linn, Lumpkin, Pierce, Roane, Robinson, Smith of Connecticut, Sturgeon, Tappan, and Wall-19.

On motion by Mr. HENDERSON, the Senate took up the bill authorizing the Secretary of the Treasury to extend further indulgence to the late deposite banks at Natchez.

Mr. H. moved so to amend the bill as to extend the time, without interest, provided there should be like abatement of interest in ratable proportion among the sufferers by the late tornado, debtors to said banks.

This amendment was sustained by Messrs. HENDERSON and WALKER; but, before any definite question was taken, the Senate adjourned.

HOUSE OF REPRESENTATIVES,
THURSDAY, June 25, 1840.

Mr. BRIGGS moved that the House resolve itself into Committee of the Whole on the state of the Union.

Mr. JOHNSON of Maryland asked the gentleman from Massachusetts to withdraw the motion, to enable him to make a motion to take up the bill for rechartering the banks in the District of Columbia. Their charters expire on the 4th of July, and it was important that the bill should be acted on immediately. If the House would agree to take up the bill, he would be willing that a silent vote should be taken on its passage. He would refrain from mak

ing a speech himself, and move the previous question on its passage.

Cries of no! no! I object!

Mr. JOHNSON moved to suspend the rules, for the purpose of considering the bill.

The SPEAKER said that there was one motion to suspend the rules for another purpose pending, which must have precedence.

Mr. DROMGOOLE said that when the morning hour expired on yesterday, the House was in the midst of the reading of the documents andproceedings in relation to the trial of Lieutenant Hooe; he hoped that the rules would not be suspended till that subject was disposed of.

Mr. BRIGGS said it would take two hours to read the proceedings of that court martial through, and could not yield his motion.

Mr. CUSHING demanded the yeas and nays on the motion to suspend the rules, which having been ordered, were-yeas 82, nays 50.

Mr. McKAY hoped the House would by general consent agree to suspend the reading of the document containing the proceedings of the court martial in the case of Lieutenant Hooe, and have the same printed.

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THE INDEPENDENT TREASURY BILL. The House then resolved itself into Committee of the Whole on the state of the Union, Mr. Banks in the chair, and resumed the consideration of the Independent Treasury bill.

Mr. SERGEANT being entitled to the floor, resumed his remarks from last evening in opposition to the bill, and in favor of a National Bank. He concluded at half past one, p. m.

Mr. HASTINGS of Ohio then took the floor, and spoke until the recess in favor of the bill, and in an able refutation of the arguments which had been urged against it. His remarks will appear in full hereafter.

EVENING SESSION.

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On that motion tellers were ordered, and the vote was-ayes 39, noes 67; no quorum.

The committee then rose, and the CHAIR reported that fact to the House, whereupon,

Mr. HOFFMAN moved to adjourn, on which motion the yeas and nays being ordered, were-yeas 41, nays 65.

So the House refused to adjourn.

After an ineffectual motion for a call of the House,

Mr. TILLINGHAST said, as the House refused to order the call, he would renew the motion to adjourn.

Mr. DUNCAN demanded the yeas and nays; which were ordered, and being taken, were-yeas 47, nays 62.

So the motion was negatived.

Mr. MCCARTY, wishing to defer his remarks until morning, having yielded the floor to Mr. Andrews,

Mr. RHETT hoped that, by general consent, the House would go again into committee, as he understood the gentleman from Kentucky was willing to go on and conclude his speech that evening.

Several gentlemen objected to going into committee without a quorum.

After some debate of a conversational character, a call of the House was again demanded and ordered.

Mr. CURTIS moved to adjourn, on which motion the yeas and nays were ordered, and, being taken, were-yeas 37, nays 74.

So the House refused to adjourn.

A call of the House having been previously ordered, the roll was called, when 111 members answered to their names.

The names of the absentees were then called, after which 126 members appeared within the bar. A quorum now appearing,

The House again resolved itself into a Committee of the Whole.

Mr. ANDREWS then took the floor, and proceeded to say that he was elected a whole figure tariff man, an advocate of a National Bank, and a distributor of the surplus revenue arising from the sales of the public lands. After telling the committee how the old United States Bank was dered," he went on to show why he preferred a similar institution to the present bill.

66

He concluded at a quarter past ten o'clock.
The committee then rose, and
The House adjourned.

IN SENATE,

FRIDAY, June 26, 1840.

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The VICE PRESIDENT submitted a report from the Secretary of the Treasury, enclosing the annual statement of the commerce and navigation of the United States for the year ending September 30, 1839; which was laid on the table, and the usual number of extra copies ordered to be printed.

We copy the following abstract of the contents of this document, from the letter of the Register to the Secretary of the Treasury:

The imports during the year have amounted to $162,092,132, of which there was imported in American vessels $143,874,252, and in foreign vessels $18,217,880. The exports during the year have amounted to $121,028,416, of which $103,533,891 were of dome: tic, and $17,494,525 of foreign articles. Of the domestic articles, $82,127,514 were exported in American vessels, and $21,406 377 in foreign vessels. Of the foreign articles, $12,660,434 were exported in American vessels, and $4,834,091 in foreign vessels. 1,491,279 tens of American shipping entered, and 1,477,928 tons cleared from the ports of the United States. 624,814 tons of foreign shipping entered, and 611,839 tons cleared during the same period.

The registered tonnage, as corrected at this office, is stated at 834,244 54.95 The enrolled and licensed tonnage

at

And fishing vessels at

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1,153,551 85.95 108,682 34.95

2,096,478 81.95

Of the registered and enrolled tonnage, amounting, as before stated, to There were employed in the whale fishery

1,987,796 47.95

131,845 25.95

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Mr. BENTON, from the Committee on Military Affairs, to which had been referred the bill for the relief of J. W. Beeson and others, reported the same without amendment.

Mr. BENTON, from the same committee, reported back the papers in relation to the claim of Wallace and Arthur; and the report was ordered to be printed.

Mr. HUBBARD, from the Committee on Claims, to which had been referred the claim of J. Mitchell and J. P. Fox, reported a bill for their relief; which was read, and ordered to a second reading.

On motion by Mr. HUBBARD, the same committee was discharged from the further consideration of the memorials of the heirs of Eleazer W. Ripley, and Mathew J. Ketch.

Mr. NICHOLAS, from the Committee on Military Affairs, reported back the various memorials which had been referred to said committee in relation to the employment of blood hounds in Florida, and moved that said committee be discharged from the further consideration thereof; which motion was agreed to.

On motion by Mr. PIERCE, the same committee was discharged from the further consideration of the memorial of the Legislature of Connecticut on the subject of a national foundry.

Mr. ROBINSON, on leave, introduced a bill amendatory of the several acts establishing and regulating the Post Office Department; which was twice read, and referred.

The Senate took up, in committee of the whole, the unfinished business of yesterday, which was the bill for the relief of the administrator of Michael Hogan, deceased, and after an animated debate, in which it was zealously supported by Mr. STRANGE, and as warmly opposed by Mr. HUBBBARD, the question on engrossment was taken, and decided in the negative-yeas 4, nays

28.

Mr. HUBBARD said that, in the early part of the sitting, the CHAIR bad submitted the annual report of the Secretary of the Treasury on the commerce and navigation of the United States. In the absence of the chairman of the Committee on Commerce, he had moved that the usual number of extra copies should be printed for the use of the Senate. He had since been informed that the number had varied for the last three or four years, and that five thousand was the number ordered at the last session. It would therefore be proper for the Senate to express their opinion as to what number they would wish to have printed on the present oc

casion.

Mr. KING thought that three thousand extra copies would be sufficient, and, unless the general sense of the Senate preferred a larger number, he would move for the printing of that number. Last year, he said, five thousand extra copies of this document were printed; the year before, three thousand; and the two years preceding that, two thousand.

Mr. BUCHANAN hoped the largest number of copies, five thousand, would be printed. This was one of the most important of the documents transmitted to Congress, and he found that it was more called for than any other. His supply had not been sufficient to meet the demand made on him for it. It was important, too, that the country should be furnished with the valuable information contained in this document at this time; for, next year, Congress would be called on to adjust the tariff, and their constituents should be able to understand more fully the important questions that would come before them,

Mr. DAVIS could see no propriety in printing a large number of this document. The extra number usually printed had been fifteen hundred. Two or three years ago, it had been increased to two two thousand; and last year, by some means or other, he could not tell how, five thousand had been ordered. He thought two thousand copies were amply sufficient, and any amount over that number would be superfluous, and of little service to any body.

Mr. BUCHANAN would just observe, that in the State of Pennsylvania there were sixty counties, and he thought that at least one copy should go to each county in all the States. Besides, there was not a leading merchant in Philadelphia not anxious to get a copy, and the same might be said in relation to the manufacturers of Pittsburg. He was generally averse to printing a large number of extra copies of the documents laid before them, but this document was an exception. They had heretofore printed extra numbers of documents which were comparatively unimportant. This document, as he said before, contained more valuable commercial and manufacturing information than any other, and yet they were to be restricted to 2,000 copies.

Mr. WALKER expressed the hope that 5,000 copies would be printed. It was an exceedingly important document, and ought to be disseminated. He wished to send one copy to each editor in his State.

The question was then taken on printing 5,000 copies, and decided in the affirmative, without a division.

On motion of Mr. HENDERSON, the joint resolution for the relief of the sufferers by the late tornado at Natchez, was again taken into consideration, the question being on the amendment offered by Mr. H. to remit the interest on the public money to be entrusted for three years longer with the two banks at Natchez.

After a few remarks by Mr. WILLIAMS, not distinctly heard by the Reporter,

Mr. WRIGHT objected to the amendment, that, in carrying it into effect, the banks might aid some of the sufferers, and not others, so as to occasion inequality and discontent. He stated that, in the case of the New York fire, which was analogous to this, the duties were remitted in cases where the goods were totally lost. But in cases of a mere extension of the time for the payment of duty bonds, with a view to relief, be found that six per cent. interest was required on the bonds; and he argued that to remit the interest in this Natchez case would be nothing short of a direct donation.

Mr. HENDERSON replied that the resolution itself provided for a pro rata relief to the sufferers. Mr. H. also argued that this case ought to be compared to the former branch of Mr. WRIGHT's parallel, that is, the remission of duties, rather than to the latter branch, that is, the extension of duty bonds, to which Mr. WRIGHT had confined it. And if the remission of interest would in this case be a donation, the remission of duties in the New York case could be no less a donation.

After some remarks by Mr. WALKER, in which he advocated the adoption of the amendment,

Mr. CALHOUN concurred entirely in the views of the Senator from New York, [Mr. WRIGHT.] The remission of interest would be in fact a gratuity of the amount through the agency of the banks and not direct from the Government, which would be more gracious. He thought the extension of time to the banks was going as far as they had any power to go, and he was not willing to go any farther.

Mr. WRIGHT said he did not know on what ground Congress had acted in remitting the duties to the New York sufferers; but he presumed it to be this. It was true that bonds had been given, and in form the money was due to the Treasury. But still, if those goods had been re-exported, as they might have been, the drawback upon them would have prevented any thing from going into the Treasury. And on what ground was the drawback allowed? It was, that other goods would come in to supply their place, so that nothing would be really lost to the Treasury. So, in the bars

case of the loss by fire, it made from for other goods to come in, so that the Treasury would be made good.

The amendment of Mr. HENDERSON was loss and the resolution, giving an extension of the time of payment for three years to the banks, was ordered to be engrossed.

After the consideration of Executive business,
The Senate adjourned until Monday next.

HOUSE OF REPRESENTATIVES,
FRIDAY, June 26, 1840.

Mr. CLIFFORD moved to suspend the rules for the purpose of introducing the following resolution,

VIZ:

Whereas Senate bill 127, entitled an act to provide for the collection, safekeeping, transfer, and disbursement of the public revenue, was taken up in the Committee of the Whole on the state of the Union on the 20th of May last, and has been under discussion to this time; and whereas the period has arrived when it is proper to close the present session of Congress with as little delay as possible; and whereas much of the indispensable public business is yet to be acted on; therefore

Resolved, That the said committee be discharged from the consideration of said bill, from and after Monday next, unless the same shall be reported to the House at an earlier day; and that said bill, with such amendments, if any, as shall have been adopted in said committee, shall be taken up in the House on Tuesday next, at 11 o'clock, a. m. and be the special order until finally disposed of, reserving to said committee the right, according to the rules of the House, to report the same sooner if the discussion shall terminate.

Mr. LEWIS WILLIAMS moved a call of the House; which having been ordered, was proceeded in till 160 members answered to their names; when, On motion of Mr. THOMPSON of Mississippi, all further proceedings in the call were dispensed with.

The question recurring on the motion to sus pend,

Mr. BRIGGS said if the gentleman would strike out the preamble, he would vote for it.

Mr. CLIFFORD, at the solicitation, modified the resolution so as to read as follows:

Resolved, That the rules of the House be so far suspended that the Committee of the Whole House on the state of the Union be discharged from the consideration of Senate bill No. 127, entitled A bill to provide for the collection, safekeeping, transfer, and disbursement of the public revenue from and after Monday next, unless the same shall be reported at an earlier day; and that said bill, with such amendments, if any, as shall have been adopted, be taken up in the House on Tuesday next, at 11 o'clock a. m., and be the special order until finally disposed of, reserving to the said committee the right, according to the rules of the House, to report the same sooner if the discussion shall terminate.

Mr. C. called for the yeas and nays on the motion to suspend the rules; which were ordered, and were-yeas 127, nays 53.

YEAS-Messrs. Alford, Judson, Allen, John W. Allen, Hugh J. Anderson, Atherton, Banks, Beatty, Beirne, Biddle, Black, Blackwell, Boyd, Briggs, Aaron V. Brown, Albert G. Brown, Burke, Wm. O. Butler, Calhoun, Carr, Carroll, Casey, Chapman, Chinn, Clifford, Coles, Colquitt, Connor, Mark A. Cooper, William R. Cooper, Craig, Crary, Cross, Dana, Davee, John Davis, John W. Davis, Dickerson, Doan, Doig, Dromgoole, Earl, Eastman, Ely, Fine, Fisher, Fletcher, Floyd, Formance, Galbraith, James Garland, Goggin, Griffin, Hall, Hammond, Hand, William S. Hastings, John Hastings. Hawkins, Henry, Hill of North Carolina, Hillen, Holleman, Holmes, Hubbard, Jackson, Jameson, Charles Johnston, Joseph Johnson, Cave Johnson, Nathaniel Jones, John W. Jones, Keim, Kille, Leet, Leonard, Lowell, Lucas, McClellan, McCulloch, McKay, Mal lory, Marchand, Miller, Montanya, Montgomery, S. W. Morris, Newhard, Nisbet, Osborne, Parrish, Parris, Petrikin, Pickens, Prentiss, Ramsey, Randolph, Reynolds, Rhett, Ridgway, Rives, Edward Rogers, Ryall, Samuels, Shaw, Shepard, Simonton, Albert Smith, John Smith, Thomas Smith, Starkweather, Steenrod, Strong, Sumter, Swearingen, Taylor, Jacob Thompson, Turney, Underwood, Vanderpoel, Vroom, David D. Wagener, Weller, Wick, Jared W. Williams, Henry Williams, Joseph L. Williams, and Worthington-127.

NAYS-Messrs. Adams, Andrews, Baker, Bell, Bond, William B. Campbell, Carter, Crabb, Cranston, Cushing, Davies, Garret Davies, Deberry, Dennis, Dellet, Edwards, Evans, Everett, Rice Garland, Gates, Gentry, Goode, Habersham, Hawes, Hunt, James, Kempshall, Lincoln, Marvin, Mason, Mitchell, Monroe, Morgan, Naylor, Palen, Proffit, Randall, Rayner, Reed, Russell, Saltonstall, Sergeant, Stanly, Stuart, Taliaferro, Tillinghast, Toland, Triplett, Warren, Edward D. White, Thomas W. Williams, Lewis Williams, and Christopher H. Williams-53.

So the rules having been suspended,

Mr. C. moved the previous question; which received a second; and the main question having been ordered, and the question now being, "Shall the resolution pass?"

Mr. PROFFIT demanded the yeas and nays; which having been ordered, were-veas 123, nays

58.

YEAS-Messrs. Alford, Judson Allen, John W. Allen, Hugh J. Anderson, Atherton, Banks, Beatty, Beirne, Biddle, Black, Blackwell, Boyd, Briggs, Aaron V. Brown, Albert G. Brown, Burke, Sumpson H. Butler, William O. Butler, Calhoun, Carr, Carroll, Casey, Chapman, Chinn, Clifford, Coles, Colquitt, Cross, Dana, Davee, J. Davis, J. W. Davis, Doan, Doig, Earl, Eastman, Connor, Mark A Coper, Wm. R. Cooper, Craig, Crary, Cross, Ely, Fine, Fisher, Fletcher, Floyd, Fornance, Galbraith, Griffin, Hall, Hammond, Hand, Jno. Hastings, Hawkins, Henry, Hill of North Carolina, Hillen, Holleman, Holmes, Hubbard, Jackson, Jameson, Charles Johnston, Joseph Johnson, William Cost Johnson, Cave Johnson, Nathaniel Jones, John W. Jones, Keim, Kille, Leet, Leonard, Lowell, Lucas, McClellan, Mc Culloch, McKay, Mallory, Marchand, Miller, Montanya, Montgomery, Samuel W. Morris, Newhard, Nisbet, Parrish, Parris, Petrikin, Pickens, Prentiss, Ramsey, Randolph, Reynolds, Rhett, Ridgway, Rives, Ryall, Samuels, Shaw, Simonton, Albert Smith, John Smith, Thomas Smith, Starkweather, Steenrod, Strong, Sumpter, Swearingen, Sweney, Taylor, Jacob Thompson, Turney, Underwood, Vanderpoel, Vroom, David D. Wagener, Watterson, Weller, Wick, Jared W. Williams, Henry Williams, Joseph L. Williams, and Worthington-123. NAYS-Messrs. Adams, Andrews, Baker, Bell, Bond, Brock. way, W. B. Campbell, Carter, Chittenden, Crabb, Cranston, Curtis, Cushing, Edward Davies, Garret Davis, Deberry, Dennis, Dellet, Dromgoole, Edwards, Evans, Everett, Rice Garland, Gales, Gentry, Goode, Habersham, W. S. Hastings, Hawes, Hill of Virginia, Hunt, James, Kempshall, Lincoln, Marvin, Mitchell, Monroe, Morgan, Naylor, Palen, Proffit, Rariden, Rayner, Russell, Saltonstall, Sergeant, Stanly, Stuart, Talia. ferro, Tillinghast, Toland, Triplett, Trumbull, Warren, E. W. White. Thos. W. Williams, Lewis Williams, and Chris topher H. Williams-58.

So the resolution was adopted.

Mr. LEET of Pennsylvania, by general consent, moved the following resolution, which was adopted.

Resolved, That the claim of John McFarlane of Pennsylvania, against the Winnebago tribe of Indians, for depredations committed upon his property in the year 1812, be referred with the accompanying documents and proofs to the Committee on Indian Affairs, with instructions to said committee, if upon examination they should find said claim to be equitable and just, to report by bill or otherwise, directing its immediate payment. BANKRUPT BILL.

Mr. SERGEANT asked the general consent of the House to take up the bill called the Bankrupt bill, for the purpose of having it referred and printed.

Cries of no! no! from all parts of the hall. Mr. DROMGOOLE inquired of the CHAIR, whether the bill was on the SAEAKER's table. The CHAIR replied that it was.

Mr. DROMGOLE said he was willing that the business on the SPEAKER'S table should be taken up and disposed of, and after the bill was reached in its regular order, he would be willing to have it referred; until then he objected.

Mr. SARGEANT moved to suspend the rules. Mr. DROOMGOOLE called for the yeas and nays on the motion, which were ordered.

Mr. D. called for a division of the question, so as to take the vote simply on the motion to suspend

the rules.

The question was taken, and resulted-yeas 88, nays 88.

YEAS-Messis. Adams, J. W. Allen, Hugh J. Anderson, Andrews, Baker, Bell, Biddle, Bond, Briggs, Brockway, Albert G. Brown, William O. Butler, Calhoun, Carter, Chapman, Chinn, Chittenden, Clifford, Crabb, Cranston, Crary, Curtis, Cushing, Dana, Davee, Edward Davies, John W. Davis, Garret Davis, Deberry, Dennis, Dellet, Edwards, Evans, Everett, Fletcher, Rice Garland, Gates, Gentry, Goode, Graves, Hall, William B. Hastings, Henry, Hoffman, Hunt, Jackson, James, Charles Johnston, William Cost Johnson, Kempshall, Leet, Leonard, Lincoln, Mallory, Marvin, Mitchell, Monroe, Montgomery, Mor gan, Naylor, Nisbet, Osborne, Palen, Randolph, Rariden, Ridg way, Edward Rogers, Russell, Saltonstall, Sergeant, Simonton, Albert Smith, Truman Smith, Stanly, Starkweather, Stuart, Jacob Thompson, Tillinghast, Toland, Underwood, Vanderpoel, David D. Wagener, Warren, Edward D. White, Wick, Thomas W. Williams, Joseph L. Williams, and Christopher

H. Williams-88

NAYS-Messrs. Judson Allen, Atherton, Banks, Beatty, Beirne, Black, Blackwell, Boyd, Burke, Sampson H. Butler, W. B. Campbell, Carr, Carroll, Casey, Connor, Mark A. Cooper, William R. Cooper, Craig, Cross, John Davis, Doan, Doig, Dromgoole, Duncan, Eastman, Ely, Fisher, Floyd, For nance, Galbraith, Goggin, Griffin, Hammond, Hand, John Hast ings, Hawes, Hill of North Carolina, Iillen, Holleman, Holmes, Jameson, Joseph Johnson, Cave Johnson, Nathaniel Jones, John W. Jones, Keim, Kille, Lowell, Lucas, McCarty, McClel lan, McCulloch, McKay, Marchand, Miller, Montanya, Samuel W. Morris, Newhard, Parrish, Parris, Petrikin, Pickens, Pren tiss, Ramsey, Reynolds, Rhett, Ryall, Samuels, Shaw, Shepa John Smith, Thomas Smith, Steenrod, Strong, Sumter, Swed

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