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rize the Mount Carmel and New Alabany Railroad Company, to enter, on a credit, a quantity of land to aid the company in the construction of a railroad from New Albnny, in the State of Indiana, to Mount Carmel, in the State of Ilinois, was taken up, as in committee of the whole; and after discus. sion by Messrs. WEBSTER, BENTON, LINN, YOUNG, and WHITE,
Mr. BENTON moved for its indefinite postponement; which was lost-ayes 12, noes 16, as follows:
YEAS--Messrs. Allen, Anderson, Benton, Brown, Calhoun, Hubbard, Lumpkin, Roane, Strange, Sturgeon, Tappan, and Wright-12.
NAYS_Messrs. Davis, Dixon, Henderson, Huntington, King, Knight, Linn, Merrick, Nicho. las, Norvell, Prentiss, Smith of Indiana, Tallmadge, Webster, White, and Young-16.
HOUSE OF REPRESENTATIVES.
Friday, June 19, 1840. The CHAIR having announced that reports of committees were first in order
Mr. HUBBARD of Alabama, from the Committee on the Public Lands, reported back to the House, withont amendment, Senate bill, entitled "An act to relinquish the reversionary interest of the United States to a reversion in the State of Alabama;" which was referred to the Committee of the Whole.
Also, reported back, without amendment, Senate bill, entitled, “An act authorizing the States to tax any lands within their limits, sold by the United States;" which, after a few remarks by Mr. HUBBARD in favor of the immediate passage of the bill, and Mr. TILLINGHAST in favor of its commitment
On motion of Mr. L. WILLIAMS, it was committed to the Committee of the Whole on the state of the Union.
Mr. H. also reported back to the House, without amendment, Senate bill, entitled "An act for the relief of certain settlers on the public lands, who were deprived of the benefits of the act granting pre emption rights," which was approved on the 191h June, 1834.
Mr. H. made some remarks explanatory of the principle of the bill; and moved, that instead of taking the usual course of reference, it be put upon ils passage,
Mr. TILLINGHAST made some remarks in opposition to that motion, and moved that it be re. ferred to the Commillee of the Whole on the state of the Union.
Mr. CRABB considered that the principle of the bill had been settled in the pre-emption act already passed, which bill was much stronger in principle than this. He was opposed to the commitment.
Mr. JOHNSON of Maryland spoke of the frauds which had been committed upon the Creek reservations in Alabama, and was opposed to the passege of any bill of the kind to settle claims on the reservations till the commission which had charge of the subject shall have made a report in full.
Mr. CRABB, in relation to the frauds referred to by the gentleman from Maryland,replied, that if they existed to the extent spoken of, they were not committed by citizens of Alabama, but by citizens of Maryland as well as the citizens of other States. He had heard a great deal said about friendship for those who lived in log cabins; he wished to see some evidence of it. Every friend of the log cabin boys would, and oughi to vote for this bill.
Mr. JOHNSON of Maryland cared not whether
the Committee of the Whole, instead of the Committee of the Whole House on the state of the Union as proposed.
Mr. LINCOLN also spoke in favor of giving this bill the same direction as other private claims. It involved a principle different from that in the pre-emption law, as asserted by the gentleman from Alabama, (Mr. CRABE ]
Mr. TURNEY had always voted for these preemption rights, but he was opposed to having the morning hour consumed on a question of reference, or of putting the bill out of its proper channel, if it was determined, instead of referring the bill, to have action upon it; and for the purpose of getting at the question, he moved to lay the bill on the table.
Mr. CHAPMAN of Alabama demanded the yeas and nays on that motion; which were not ordered.
At the suggestion of several, and for the purpose of having the bill referred, Mr. TURNEY withdrew his motion to lay on the table.
Mr. GRAVES renewed the motion to lay on the table.
Mr. CRABB asked for the yeas and nays; which were refused.
The question was then taken, and the bill was laid on the table, on count by ayes and noes.
Mr. GRAVES said he heard a gentleman inti. mate his intention to move to reconsider the vote; he therefore made the motion to reconsider now.
Mr. CRABB hoped the House would grant him the yeas and cays on that motion; which were ordered, and were-yeas 107, nays 64, as follows:
YEAS-Messrs. Judson Allen, Hugh J. Anderson, Atherton, Banks, Beatty, Beirne, Black, Blackwell, Boyd, Briggs, Albert G. Brown, Burke, William 0, Butler, Bynun, Carr, Carroll, Carter, Casey, Chapman, Chinn, Clifford, Mark A. Cooper, William R. Cooper, Crabb, Craig, Crary, Crockett, Cross, Cushing, Dana, Davce, Dvies, John Davis, J. W. Davis, Dellet, Doan, Doig, Earl, Eastman, Ely, Fine, Fletcher, For: nance, Galbraith, Gerry, Giddings, Goode, Griffin, Ilabersham, Hand, J. llastings, Hawcs, Hawkins, llenry, Willen, look, Hubbard, Jameson, Joseph Johnson, Cave Johnson, Nathaniel Jones, John W. Jones, Kem, Kille, Leadbetter, Leonard, Lowell, Lucas, McClellan McCulloh, McKay, Mallory, Marchand, Miller, Montanya, Samuel W. Morris, Parrish, Petrikin, Prentiss, Ramsey, Rariden, Reynolds, Ridgway, Robinzon, Ryall, Shaw, John Smith, Thomas Smith, Stark weather, Sicenrod, Strong, Stuart, Sumter, Syvearingen, Taliaferro, Taylor, Jacob Thompson, Turney, Vanderpoel, David D. Wagener, Watterson, Weller, Wick, Jared W. Williams, Henry Williams, Christopher H. Williains, and John T. II. Worthington-107.
NATS-Messrs. Adams, Alford, Landaff W. Andrews, Baker, Bond, Botis, Brockway, Sampson Il. Butler, Calhoun, William B. Campbell, Chilenden, Clark, Connor, Cranston, Dawson, Deberry, Dennis, Dromgoole, Evans, Floyd, Gates, Gentry, Goggin, Graham, Graves Hall, Wm. S. Ilastings, Hill of North Carolina, Jackson, James, Chas. Johnston, William Cost Johnson, Kempshall, Lincoln, Marvin, Mason, Mitchell, Monroe, Morgan, Calvary Morris, Newhard, Ogle, Osborne, Palen, Paynter, Peck, James Rogers, Salton. stall, Samuels, Sergeant, Simonton, Truman Smith, Stanly, Storrs, Waddy Thompson, Tillinghast, Toland, Tripleti, Trum. bull, Peter J. Wagner, Warren, Ellward D. White, Thomas W. Williams, and Lewis Willianus-61.
So the vote to lay the bill on the table was reconsidered; and
The question recurring on the motion to lay on the table, it was negatived; and the bill was then referred to the Committee of the Whole.
Mr. HUBBARD, from the Committee on Public Lands, made adverse reports on the petitions of Jacob Houseman and William C. Bethe'l. Also, made a report on the memorial of the Montgomery Railroad Company, praying the right of way through the public lands, discharging the said committee from its further consideration on ihe ground that a general bill had been reported for the attainment of that object. Also, made an adverse report on the petition of David R. Mitchell. On motion of Mr. H. the committee was also discharged from the further consideration of certain memorials from the
Mr. H. alsothe same committee, reported a bill for the relief of Elisha Moreland, Robert J. Kennedy, and Madison C. Lewis; and a bill for the relief of Joseph Wilson of Lauderdale; which bills were read twice, and commitled to the Committe of the Whole.
Mr. LINCOLN,from the Committee on the Public Lands, rsporled a bill for the relief of Henry Nuringham; which was read twice, and committed to the Commitee of the Whole.
Mr. CRARY, from the same committee, reported back to the House, without amendment, Senaie bill, entitled "An act to create an additional land office
in the State of Michigan and for other purposes; which was committed to the Commitiee of the Whole on the state of the Union.
On motion of Mr. CRARY, the Committee on the Public Lands was discharged from the further consideration of the resolution of the Legislature of Michigan in relation to the University lands; and from the memorial for a bounty in land to the commissioned officers of the war of 1812.
Mr. McKAY, from the Committee on the Post Of. fice and Post Roads, reported back to the House the bill for the establishment of certain post routes in the Territory of Iowa, and to discontinde otbers therein named; which was referred to the Commiltee of the Whole House on the state of the Union.
On motion of Mr. McKAY, the committee was discharged from the further consideration of the petition of James T. Feas; and it was ordered to lie on the table.
Mr. SERGEANT, from the Committee on the Judiciary, reported back to the House, without amendment, Senate bill, entitled "An act to amend an act approved 18th January, 1839, entitled an act to amend an act entitled an act to require the Judge of the District of East and West Tennessee, to hold a court at Jackson, in said Stale, approved June 18, 1838, and for other purposes.”.
On motion of Mr. TURNEY, the bill was now read the third time, and passed.
Mr. SERGEANT also reported back to the House, froin the same commitiee, without amendment, Senate bill entitled an act to establish a board of claims, to hear and examine claims against the United States;
Also reported back, without amendment, Senate bill entitled an act to authorize the payment of equitable commissions to the agents or attorneys of persons in whose favor awards have been made, under three annual treaiies between the United States and certain foreign powers; which awards have been retained in the Treasury, in payment of debts due to the United States; and
Senate bill entitled an act respecting the heirs of Agnes Dundas;
Which bills were severally referred to the Committee of the Whole House on the state of the Union.
Mr. S. also, from the same committee, reported back to the House, without amendment, Senate bill entitled an act in addition to an act respecting the judicial system of the United States; which Mr. S. asked might be put upon its passage, if there was no objection; but the morning hour having expired,
On motion of Mr. J. W. JONES, the House resolved itself into Committee of the Whole House on the state of the Union, (Mr. Banks in the chair) and resumed the consideration of the
INDEPENDENT TREASURY BILL. Mr. EVANS, who was entitled to the floor, examined into the state of the currency at different periods since the formation of the Government, and the course of the past and present Administrations with reference to it; which course he censured, and to which he attributed all the present evils of the times. He examined the bill under discussion, and gave his reasons why he would not vote for it. He spoke till the hour of 24 o'clock, at which uime
Mr. TILLINGHAST obiained the floor, and the House took its usual recess.
EVENING SESSION. Mr. TILLINGHAST spoke until half past eight o'clock, in opposition to the bill. He examined it in all its bearings, with a view to show that it would not prove so good a regulator of the currency as a Bank of the United Slales.
After he had concluded,
Mr. COLQUITT obtained the floor; when the committee rose, and
The House, at half past eight o'clock, adjourned.
land or Alabama, or any other State, or by those living in log cabins, or by those living in palaces; he was opposed to them, and would condemn them wherever they existed, or by whomsoever committed. He wanted lime to examine the bill, and he hoped it would be committed for that purpose.
Mr. BRIGGS was opposed to committing the bill to the Committee on the sale of the Union. It was a private claim, and he saw no good reason why it should have an earlier or more favorable consideration than other private claims before the committes. He therefore moved that it be referred to
HOUSE OF REPRESENTATIVES,
SATURDAY, June 20, 1840. Senate bill entitled "An act in addition to the act restricting the judicial system of the United States," which was reported back from the Committee on the Judiciary on Saturday, was read the third time and passed.
The CHAIR anaounced that the next business in order was the following resolution, reported from the Committee on Commerce a few days ago, viz:
Resolved, That the report and chart ef the survey of the harbors of Beaufort and Wilmington, in North Carolina, communicated to this House by the Secretary of the Navy, and the report of the chart of the surveys of the Southern coast, from Tybee island, in Georgia, to Hunting isla in South Carolina, prepared by Lieut. Wilkes, be lithographed; and that 2,500 of each report and chart be published.
Mr. FETRIKIN opposed the adoption of the resolution, because he believed the matter of lithography had become a thing of local speculation. He then spoke of the manner in which the lithographing had been conducted.
Mr. HABERSHAM said he was obliged to conclude that, from the manner of the objection of the gentleman from Pennsylvania, he was entirely ignorant of its merits or claims. If he had inquired into its merits, there certainly could not have been any ohjection from him. Mr. H. then showed the great importance of the chart, and advocated the passage of the resolution.
Mr. BRIGGS had no doubt that the chart was a meritorious one, but he was opposed to having it printed until there was a thorough investigation inio the manner in which the lithographing had been done. He then cited an instance in which a chart had been engraved by order of the Senate, and the same lithographed by order of the House, and that done at the insiance of the House cost double as much as that ordered by the Senate. It should not be lithographed unless the House was better informed of ihe expense. He would then go for the resolution.
Mr. DAVIS of Indiana moved to amend the resolution by adding the following: "and also to have printed, in like manner, 5,000 copies of the geological report lately submitted to this House, for the use of the members thereof, under the direction of the Topograpical Bureau."
Mr. C. spoke of the ability of the above paper, and characterized it as one of the best of the kind ever submitted to the House. To save the time of the House, he moved the previous question.
Mr. STEENROD moved to lay the resolution on the table.
Mr. PETRIKIN demanded the yeas and nays; which having been ordered, weic--yeas 71, nays 96.
So the House refused to lay the resolution on the table.
The question recurring on the call for the previous question, there was a second; and the question now being, “Shall the main question be now pui?”
Mr. BRIGGS demanded the yeas and nays; which the House refused.
So the main question having been ordered to be put, and the question being, "Shall the resolution pass?”
Mr. PETRIKIN demanded the yeas and nays; which were ordered.
The CHAIR said, upon an examination of the amendment, he found that there was another and similar motion pending, and the amendment was noi, therefore, in order; and the question would be on the adoption of the original resolution.
Mr. PETRIKIN moved to lay the resolution on the table; which the House refused to do.
The question was then taken on the adoption of the resolution, and it was passed--yeas 93, nays 82, as follows:
YEAS-Messrs. Adams, Alforil, Judson Allen, John W. Allen, Hugh J. Anderson, Andrews, Biddle, Bond, Brockway, Albert G. Brown, Sampeon H. Butler, Calhoun, Carter, Chinn, Clark, Cliford, Colquitt, Crabb, Cranston, Crary, Crockett, Cross, Curtis, Cushing, Dana, Davee, Edward Davies, John W. Davis, Garret Davis, Dawson, Deberry, Dennis, Dellet, Dromgoole, Evans, Everett, Rice Garland, Gates, Gentry, Goggin, Goode, Graham, Griffin, Habersham, Hand, Wm. Hlasuinga, Hawes, Henry, Hill of Va. Hoffman, Holmes, W. Cost Johnson, Kempstall, King, Leonard, Lincoln, Lowell, Mckay, Marchand, Mason, Muroe, Montanya, Morgan, Nay. lor, o borne, Pilen, Perk, Randall, Randolph Rayner, Ridg. way, Edward Rocurz, Saltonstall
, Sergeant, Sheparii, Simon ton, Albert Sinith, Staniy, sarrsStuart, Sumter, Waddy Thong4n. Tilly ghast, Poland, Trip'ect, Trumbuil, Under wond, 'Peter J. Wagner. Warren, Edward D. While, Wick, T. W. Williams, J. L. Williams--93. NAYS-Messrs. Atherton, Banks, Beatty, Beime, Blackwell
Boyd, Briggs, Burke, William O. Butler, Wm. B. Campbell, Carr, Casey, Chapman, M. A. Cooper, Wm R. Conper, Craig, Doan, Dois, Duncan, Earl, Eastman, Ely, Fletcher, Galbraith, Gerry, Gidlings, Hall, Hammond, John Hastings, Hawkins, Hill of North Carolina, Holleman. Hook, Hopkins, Hubbard, Jackson, James, Janieson, Chas. Johnston, J. Johnson, Cave Johnson, N. Jones, John W. Jones, Keim, Kille, Leadbetter, Lewis, Lucas, McClellan, McCulloh, Miller, Michell, Montgomery, Samuel W. Morris, Newhard, Parrish, Parmenter, Parris, Payner, Petrikin, Prentiss, Ramsey, Rariden, Reynolds, Samuels, Shaw, John Smith, Thomas Smith, Starkweather, Sternrod, Strong, Swearingen, Sweney, Taliaferro, Taylor, Jacob Thompson, Turney, David D. Wagener, Wat terson, Weller, Jared' w. Williams, and Lewis Williams-82.
INDEPENDENT TREASURY BILL. On motion of Mr. J. W. JONES, the rules were suspended, and the House resolved itself into a Committee of the whole House on the state of the Union, and resumed the consideration of the lodependent Treasury bill.
Mr. COLQUITT being entitled to the floor, after some introductory remarks, in which he showed the necessity of separating prejudice and feeling from debates on all questions, and the liability of every one to be led astray by such influences, he showed that the people had now become too wise to be satisfied with mere declarations of zeal for rights, and required a more satisfactory kind of evidence, viz. the actions of their servants.
It had been said that the bill before the commit. tee was fraught with ruin, with desolation, and with wo. It therefore became their duty to examine it dispassionately, and by the rule of reason, instead of violent declamation or party prejudice, to judge of its merits.
As the Opposition, in a body, were censuring this measure, he contended that they were bound to propose some other plan to the country for accomplishing the desired end. It would not answer, ihat individuals should get up on the tioor and de. nounce the bill, and talk about an antagonistical measure. It was the duty of the party to propose some measure which they considered would anwer the end.
From what had been said, there could be no doubt but that a National Bank was the favorite scheme of the Opposition. Then why did they not at
come out boldly, and propose that measure to the people. This, however, he presumed would not be safe, as in some parts of the country such a proposition would not answer. Hence this crooked policy of opposing this bill, without having the courage to propose any thing in its stead. It was far more easy for them to run foul of this measure, than to propose any thing else.
Mr. C. then at some length argued the question of the constitutionality of a National Bank, and conteniled that the advocates of such an institution could not sustain their position for a moment, if they took the Constitution in its plain literal meaning. At the time the Constitution was framed, there were living too many men, whose rags and hardships proved they knew the value of freedom, to think of protecting a great moneyed interest, to the exclusion, and at the expense, of all the rest. Whether a man got his living by the saw or the plane, or served behind the counter, the Constituiion was designed to throw the mantle of protection around all classes, instead of sacrificing them at the shrine of a great moneyed institution, for the support of men who were too idle to earn their bread by industry, and too proud to work.
He then read numerous authorities, showing the vely "s consistent” course of the old United Siates Bank, and that during its existence, instead of securing prosperity to the country, it caused no. thing but distress and insolvency.
Aster adverring to all these facts, he asked with what consistency the Opposition could charge that this bill would bring ruin and distress, when such alone were the bitter fruits of the system they were seeking to establish. Let gentlemen, when they speak of "hard times,” not forget to tell their constituents what kind of times there were when that bank was in operation.
In the course of his remarks he alluded to the charge of the Opposition, that, by destroying the banks, credit would be destroyed at the same time. He denied this, and contended that credit had always existed long before the existence of banks, and that the honest and industrious man could always get credit. Banks were not the foundation, but the abusers of credit.
By way of illustration, Mr. C. caused to be read the letter of Governor Throop on the subject. In the course of the reading, several of the Whig party objected to its introduction, on the ground that it consumed the time of the House. But, as its introduction was strictly relavent, their objection did not prevent its being read through.
The remarks of Mr. C. will appear in full hereafter.
Mr. RHETT then took the floor, and, at much length, replied to the various objections urged against the bill, which he contended was the measure of the people and for the benefit of the people. He had not concluded at 2. o'clock, at which time the House took the usual recess.
EVENING SESSION. After the recess, the House went again into Committee of the Whole, and
Mr. RHETT resumed his remarks in reply to the several objections urged against the bill. After showing that the banks of England and France, could not be referred to as arguments for a National Bank in this country, which was not to be responsible to Government, he went on to show, what in bis opinion was the cheapest mode of collecting the revenue. He contended that the cheapest and mest Republican of collecting the taxes, and what would be least burdensome to the people, was by direct taxation. Indirect taxation was objectionable for many reasons. The first was that the people were not conscious of the amount of taxes they were paying. Again, five times the amount could be collected by indirect taxation that would be submitted to by direct taxation. Thus it was an admirable contrivance for tyranny to conceal t'rom the people what they were actually paying. He also showed the evils of such a system in case of war, when importations ceasing, the very means by which Government depended for its support would be cut off.
Mr. R. proceeded to show that the evils arising from the luctuation in prices, etc. were attributable solely to the banking system, for the support of which this tariff system had been fostered. He contended that the banking system was not necessary for the business of the country, and that were it not for that expansions and contractions of those institutions, and their occasional suspension of specie payments, that business would move on with regularity.
He did not mean to be understood as contending that there should be no banking. If capitalists issued their paper, and were able to redeem that paper, he had no objection to it. What he objected 10 was that the arm of Government should interfere for the purpose of gaining facilities to these banks beyond their means. The banking system could never be destroyed. If it were possible to destroy all the banks to-morrow, the system would remain. The interchange of paper between individuals could not be prevented. His sole object in supporting this measure was the establishment of a system for the proper collection and safekeeping of the public money. If it went beyond that, or had any other object in view, he should deem it unconstitutional.
Mr. R. after adverting to the oppressive conduct of the United States Bank, and examining the exaggeraled statements as to the use of such banks, said, yet this was the very state of things that the Oppo sition sought to re-establish. They wished to place us again in the power of banks, who, in case of another war,
could say they would or would not pay their debts, just as they pleased. All these dangers he considered would be effectually avoided by the adoption of this Independent Treasury system.
As for a National Bank, the grand alternative of this great system, he should say but little. It was needless for him to argue the unconslitutionality of such an institution. He was a State Rights man, and contended that if such a Bank were necessary, then all the people of the country whom it
to affect, should govern and rule il. He then went on to show tha: the existence of such a bank was inconsistent with the independence of the Staies, and adduced in stances when, under the old Upited States Bank, the State institutions were made to succumb to her su..
floor, and on his motion the committee rose: ayes 45, noes 44.
Mr. HOFFMAN moved to adjourn.
Hr. HUBBARD demanded the yeas and nays; which being ordered, were-yeas 54, nays 51.
YEAS--Messrs. Adams, Alford, Andrews, Baker, Barnard, Black, Brockway, Sampson H. Butler, Bynum, Calhoun, William B. Campbell, Casey, James Cooper, Mark A. Cooper, Cranston, Cushing, Elward Davies, Dawson, Deberry, Dellch, Everett, Galbraith, James Garland, Goodle, Green, William S. Hastings, llawes, Hill of Virginia, Hoffman, James, Kemp. shall, King, Marvin, Monroe, Morgan, Naylor, Petrikin, Pope, Rayner, Ridgway, Russell, Saltonstall. Sergeant, Slade, Storrs, Stuart, Sumter, Taliaferro, Tillinghast, Toland, Trumbull, P. J. Wagner, Warren, and Thomas W. Williams-54.
NAYS --Messrs. Judson Allen, John W. Allen, H. J. Ander: son, Banks, Beirne, Blackwell, William 0. Butler, Carr, Car. roll, Carter, Clifforu, Connor, Wm. R. Cooper, Crabb, Dana, Davee, John Davis, Doan, Doig, Earl, Fisher, Floyd, Gerry, Hammond, land, Hill of North Carolina, Holleman. Hubbard, Cave Johnson, Nathaniel Jones, John W. Jones, Kille. Lucas, McClellan, McKay, Marchand, Montanya, Newhard, Parmen. ter, Parris, Paynter, Prentiss, Rhett, Samuels, Albert Smith, Steenrod, swearingen, Sweney, J. Thompson, Jared W. Wil. liams, and Henry Williams--51.
So at half past five, the House adjourned.
perior strength. He admitted that one of the effects of the present measure would be a restriction of Slate influence; but it would be nothing, compared with the oppression of a National Bank. The provisions of this bill were calculated to operate without partiality, and it would be evident that we ought always to base our legislation on the great fundamental principle of equal rights, etc.
Mr. R. concluded by saying that he had merely glanced at the various important principles involved, as he did not wish to detain the committee, for if it was proper the bill should pass at all, it was necessary that it should pass speedily.
Mr. DAVID D. WAGENER, after some preliminary remarks, proceeded to notice the objection raised by Mr. Evans on yesterday, viz: that this bill was pressed to the exclusion of the appropria. tion bills. Mr. W. could not suppress bis surprise and astonishment at such an objection. In the early part of the session, were not the Opposition continually taunting the honorable chairman of the Ways and Means, and asking him why he did not bring forward the bill? Were they not continually insinuating that the Administration party dare not, and would not bring forward the bill? And now, forsooth, when the bill was brought forward, these very same gentlemen were complaining about "delay of the appropriation bills, etc.”
Mr. W. then proceeded to notice the great outcry which had been raised in relation to the "war of Govenment upon the banks.” He showed that this charge was as ridiculous as it was unfounded. The act of June, 1836, empowered the Secretary to deposite the public money in such, banks as paid specie for their notes, and which did not issue notes of a less denomination than five dollars. Now as soon as the banks refused to pay specie, by the words of the law, they ceased to be depositories. After their suspension the Secretary had no power to continue their use as depositories. Was the committee, then, willing to continue the immense power and responsibility of disposing of the money in the hands of the Secretary, under the supervi. sion of the President? Had not the President called upon them repeatedly for the passage of this bill establishing additional safeguards, and had not those calls been as repeatedly unbeeded. He was surprised at the language of the gentleman from Massacbusetts the other day, censuring the Execulive in relation to these banks, when he must have known that the law was imperative, and that when the banks ceased to pay specie, from that moment they could no longer be depositories.
Mr. W. then took a review of the shameful course pursued by the old United States Bank, and asked whether gentlemen were really willing for the re-establishment of another institution, which must and would produce similar results. In the course of his remarks on this branch of the subject, he introduced a curious piece of evidence to prove the unconstitutionality of such a Bank. It was no other than a report made by Mr. Clay of Kentucky, in the Senate, in 1811, on a memorial from the stockholders of the Bank, asking an ex. lension of one year for the purpose of winding up its affairs. That report stated that “as they did not consider a Bank of the United States as constitutional, they could not grant the prayer," etc. Mr. W. said he merely referred to this for ihe benefit of the Opposition, that they might know what the opinions of Mr. Clay were at that time.
He next took a survey of all the circumstances connected with the employment of the State banks, and showed most clearly that their separation from Government was entirely their own act, in suspending specie payments, and not by any compulsory measure on the part of Government.
Mr. W. then replied at length to the various ob. jections urged against the present bill, and showed that such objections needed only to be examined to be confuted. In the course of his remarks, he introduced a speech of Mr. Webster in 1816, on the currency, in which was the following remarkable sentence: "he sooner you collect your money in gold and silver, the better."
Mr. W. made also other extracts, which will be given as soon as his remarks can be written out in full.
Mr. COOPER of Pennsylvania next took the
For the relief of Hiram Saul;
For the relief of Isaac Justice; severally reported the same without amendment, and recommended their indefinite postponement.
Mr. PIERCE, from the same committee, to which was referred House bills
For the relief of Peter W. Short;
For the relief of Medad Cook; reported the same without amendment.
Mr. WHITE, from the Committee on Pensions, to which was referred House bills
For the relief of Samuel M. Asbury;
For ihe relief of John Davis; severally made adverse reports therers.
Mr. W. from the same committee, to which was refered House bill
For the relief of Sylvester Tiffany, reported the same without ainendment.
Mr. PRENTISS, from the Committee on Pensions, to which was referred bills from the House
For the relief of Myron Chapin;
For the relief of William Poole; reported the same without amendment, and recommended their indefinite postponement.
Mr. P. forin the sap committee, reported the bill for the relief of Seneca Rider.
Mr. LINN, from the Committee on Private Land Claims, to which was referred the petition of Joshua Knnedy, assignee of George Tucker, reported a bill for his relief; which was read, and ordered to a second reading.
Mr. WILLIAMS, from the Committee on Naval Affairs, rerorted a joint resolution to authorize the Secretary of the Navy to purchase repeating rifles and pi.cols for the use of the navy; which was read, and ordered to a second reading.
Mr. KING, from the Committee on Commerce, to which was referred the memorial of American citizens, resident at Malaga, respecting a burial place, asked to be discharged from its further consideration, which was agreed to.
The joint resolution for the relief of Langtree and O'Sullivan;
The bill for the "relief of certain companies of Missouri volunteers;
The bill for the relief of the executor of Thomas Cooper, deceased;
A bill to refund a fine, imposed under the sedition law, to the heirs of Matthew Lyon, deceased;
were severally considered as in committee of the whole, and ordered to be engrossed for a third reading.
The bill giving the assent of Congress to the acts of Virginia incorporating the Falmouth and Alex. andria Railroad Company, and for other purposes, was taken up as in committee of the whole, and, after a very interesting and animated debate, in which Messrs. TAPPAN, MERRICK, ALLEN, ROANE, WALKER, WALL, BUCHANAN, CRITTENDEN, SMITH of Connecticut, HUBBARD, and CALHOUN participated—the question, on a motion by Mr. TAPPAN to strike out the third section of the bill containing the appropri. ation of 300,000 dollars, being taken, it was decided in the negative, by yeas and nays, as follows:
YEAS-Messrs. Allen, Anderson, Benton, Brown, Buchanan, Calhoun, Hubbard, Linn, Lumpkin, Mouton, Pierce, Robinson, Smith of Connecticut, Strange, Sturgeon, Tappan, Wall, Williams, Wright, and Young-20.
NAYS_Messrs. Clay of Kentucky, Clayton, Crillenden, Cuthbert, 'D:vis, Dixon, Fulton, Henderson, Huntington, King, Knight, Merrick, Nicholas, Norvell, Phelps, Porter, Pr tiss, Roane, Ruggles, Smith of Indiana, Southard, Tallmadge, Walker, Webster, and White-25.
Mr. TAPPAN offered an amendment, requiring such security for carrying the mail as the Secretary of the Treasury should deem sufficient.
MONDAY, June 22, 1840. Mr. TAPPAN rose and said, that when the resolution submitted some days since by the Senator from Mississippi, (Mr. WALKER,] in relation to the Reporters for the Senate, was before the body, he had incidentally made the remark that we had frequently elected officers of different politics from a majority of the Senate. The Senator from Kentucky [Mr. Clay) asked me in a somewhat bantering manner, to name an instance, and I replied by naming the Chaplain of the Senate. I did this on information from sources, which I deemed satisfactory, that his political sentiments were such as I represented them to be. Mr. T. said, that he had since been informed by the Chaplain that his assertion was incorrect. That he belonged to neither of the political parties of the country. That he conceived it to be his duty, as a minister of the Gospel, to abstain from any interference in political matters, considering that it would have a tendency to limit his usefulness, and prevent him doing as much good as he was desirous of doing. Every man, of course, knows his sentiments besi, and Mr. T. felt convinced that he had done the Chaplain injustice in the remark he had made. Feeling ihus, it gave him great pleasure to retract the statement.
Mr. WRIGHT presented a memorial from merchants of New York and other citizens, on the subject of the bankrupt law, declaring that what. ever was their opinion of the expediency of passing such a law at this time, they were all agreed that the consent of the majority of the interest of creditors should be made necessary to the release of the debtor, and that the bill should not go into effect till one year after its passage.
"he memorial, on motion of Mr. W. was laid on the table, and ordered to be printed.
Mr. WRIGHT, from the Committee on Fi. nance, to which was referred
The memorial of David Green, and
The memorial of the administratrix of G. W. Owen, asked to be discharged from the further consideration thereof; which was agreed to.
Mr. W. from the same committee, to which the petitions and the joint resolution for the relief of the sufferers by the tornado at Natchez had been referred, reported the joint resolution back, with an amendment, authorizing the Planters' Bank and the Agricultural Bank of Natchez to retain the pub. lic money now in their bands three years longer, from the 8th of July next, in case those banks would accept the offer, for the purpose of relieving the sufferers in question, the banks alone to continue responsible to this Government. The amendment was read, ordered to be printed, and laid on the table, Mr. W. giving notice that he should call up the bill as seon as convenient.
Mr. PIERCE, from the Committee on Pensions, to which was referred House Lills
For the relief of Josiah Strong;
Mr. PRENTISS offered, as a substitute, a provision for a lien on that part of the road within the District.
After a brief conversation, the action on the bill was suspended.
SYSTEM OF BANKRUPTCY. The Senate, on motion of Mr. CRITTENDEN, took up the bill (from the Select Committee) eslablishing a uniform system of bankruptcy throughout the United States.
Mr. CRITTENDEN, from the Select Committee, submitted various minor amendments, which were severally agreed to.
Mr. HUNTINGTON, having offered two or three minor amendments, which were agreed to, moved to amend the bill by securing from its operation the rights of married women, and liens and mortgages on property, all as established by State laws, so far as would not be inconsistent with certain provisions of this bill. This amendment had special reference to the laws and usages of Louisiana.
Mr. WRIGHT opposed this amendment with great earnestness, particularly as going to sanction preferences which the Senate had expressly exploded.
Mr. WEGSTER argued at some length that there was nothing of such preferences in this amendment.
Messrs. MOUTON,WALL,WALKER, PRENTISS, and CRITTENDEN also participated in the long and intricate debate on this amendment.
The amendment was then agreed to by yeas and Days, as follows:
YEAS–Messrs. Benton, Clayton, Crittenden, Davis, Dixon, Henderson, Huntington, King, Knight, Linn, Merrick, Mouton, Nicholas, Norvell, Phelps, Porter, Smith of Indiana, Soutbard, Tallmadge, Walker, and Webster-21.
NAYS–Messrs. Lumpkin, Pierce, Robinson, Sturgeon, Wall, Wbile, Williams, and Wright--8.
Mr. WRIGHT submitted a variety of amend. ments, the most important of which was to require a majority of interest of the creditors, in order to obtain the release of the debtor. These amendmenis were ordered to be printed.
Mr. RUGGLES also offered several amendments, which were ordered to be printed.
Mr. WRIGHT presented two memorials of citizens of New York, on the subject of the proposed bankrupi law, similar in tenor to those submitted by him at the commencement of the sitting; which were laid on the table, and ordered to be printed. The Senate then adjourned. HOUSE OF REPRESENTATIVES,
MONDAY, June 22, 1840. Mr. CLIFFORD asked the general consent of the House to submit a resolution; which was read for the information of the House as follows:
Whereas Senale 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 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 Friday 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 Saturday next, at 12 o'clock noon, 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. WISE objected to the reception of the resolution; and
Mr. PROFFIT demanded the yeas and nays.
Mr. WISE moved a call of the House; which was ordered, and proceeded in, when 128 members answered to their names; the list of absentees was called over, until 159 answered to their names; wben,
On motion of Mr. GALBRAITH, all further proceeding in the call was dispensed with.
The question recurring on the motion to suspend the rules, and the yeas and nays having been ordered, were taken, and were--yeas 109, nays 76, as follows:
YEAS-Messrs. Judson Allen, Hugh J. Anderson, Atherton, Banks, Beatty, Beirne, Black, Blackwell, Boyd, Aaron V. Brown, Albert G. Brown, Burke, Sampson H. Butler, Wm. 0. Butler, Bynum, Carr, Carroll, Casey, Chinn, Clifford, Col. quil, Connor, Craig, Crary, Crockett, Cross, Dana, Davee, John Davis, J, W. Davis, Dickerson, Doan, Doig, Dromgoole, Duncan, Earl, Eastman, Ely, Fine, Fisher, Fletcher, Floyd, Fornance, Galbraith, Gerry, Goggin, Gritlin, Hammond, Hand, J. Hastings, Hawkins, Hill of North Carolina, Hook, Hopkins, Hubbard, Jackson, Jameson, Joseph Johnson, Cave John. son, Nathaniel Jones, John W. Jones, Kille, Leadbetter, Leet, Leonard, Lowell, Lucas, McCulloch, McKay, Mallory, Mar. chand, Medill, Miller, Montanya, Montgomery, Samuel W. Morris, Newhard, Nialet, Parrish, Parmenter, Parris, Paynter, Petrikin, Pickens, Prentiss, Ramsey, Reynolds, Rives, Edward Rozere, Ryall, Samuels, Shaw, Albert emith, John Sinith, Thomas Smith, Stark weather, Steenrod, Strong, Swearingen, Sweney, Taylor, Jacob Thompson, Turney, David D. Wagener, Watterson, Weller, Wick Jared W. Williams, Henry Williams, and Joseph L. Williams--109.
NAYS--Messrs. Adams, Alford, Andrews, BakerBell, Bidule, Bond, Briggs, Brockway, Calhoun, John Campbell, Wm. P. Campbell, Carter, Chillenden, James Cooper, Crabb, Cranston, Curtis, Davies, Garret Davis, Deberry, Dennis, Dellet, Evans, Everett, James Garland, Gates, try,
Goode, Habersham, Hall, William S. Hastings, Hawes, Henry, Hill of Virginia, Iloffman, Hunt, James, Jenifer, Charles Johnston, Kempahall, Lincoln, Marvin, Magon, Monroe, Morgan, Naylor, Ogle, Osborne, Palen, Peck, Pope Proflit, Randall, Randolph, Rariden, Rayner, Reeil, Ridgway, Russell, Saltonstall, Sergeant, Simonton, Stanly, Storrs, Stuart, Taliaferro, Tillinghast, Toland, Triplett, Peter J. Wagner, Thomas W. Williams, Lewis Williams, Christopher II. Wil. liams, and Wise--76.
So the House refused to suspend the rules, there not being two-thirds.
On motion of Mr. J. W. JONES, ihe rules were suspended, and the House resolved itself into a Committee of the Whole House on the state of the Union, (Mr. Banks in the chair,) and resumed the consideration of the
INDEPENDENT TREASURY BILL. Mr. COOPER of Pennsylvania, who was entitled to the floor, opposed the passage of the bill. In an examination of the causes of the derangement of the currency at the present day, and the consequent evils resulting therefrom, he traced it 10 the removal of the deposites from the Bank of the United Siates. He attributed all the issues of Siate stocks to the stimulation produced by the deposite of the revenues of the Government with the State banks. Such stocks being forced into the market abroad, produced the flood of imports which has crushed the best interests of the country; finally he attributed all the evils of the times to the “experiments” of the Administration. He then spoke of the Bank of the United States, and the good currency which that institution afforded the country.
Mr. RAYNER opposed the bill, and advanced many reasons why he would not vote for it. He, as a State Rights man, advocated a Bank of the United States as an antagonist measure to the Independent Treasury bill, and the only proper measure for the relief of the country. A National Bank, he said, was the child of the revolution; and he went for it because he believed it was a Republican measure. He then examined the course of General Jackson with reference to the currency, and attributed his intermeddling with it as the cause of all the evils and derangements complained of heretofore as well as at the present time. He also spoke of his own efforts in favor of Gen. Jackson, and acknowledged that he deluded and misled into his support. He denounced him as a tyrant. He went into a history of the course of General Jackson in relation to the late Bank of the United States; and said, so soon as that institution refused to bow to the dictales of the tyrant, the war was commenced. He vetoed it, and all the suffering of the country was the result of it. He spoke of the depositie system which had exploded, and said he had nothing to do with forming the connection between the Government and the State banks, and he would have nothing to do with severing that connection. He then spoke of the economy of establishing a Bank of the United States to disburse the revenues, instead of passing the Independent Treasury bill. This bill would cost the Government many thousand dollars to put it in operation; but on the other band the Government could get at least one and a half millions as a bonus to grant a charter for a bank,
He then went into an argument to show the duty of the National Government to take care of the interests of the people; and in doing which he observed, that when he spoke of taking care of the interests of the people, he did not mean to be understood as referring to the wretched rabble of our cities, who shouted and hallooed at the elections, but he meant the rick as well as the poor, and the capitalist, through whose means the business of the country was carried on. Before Mr. R. concluded, The House, at 21 o'clock, took the usual recess.
EVENING SESSION. Mr. RAYNER concluded his remarks in opposition to the independent Treasury bill, and in favor of a National Bank as its antagonist measure. He spoke of the beneficial effects of that institution as a regulator. It heretofore kept the moneys safe, the currency and exchanges regular, and could do it again. He made an arguinent in favor of the constitutionality of such an institution, grounded on the opinion that it was indispensably necessary to carry out that provision of the 8ih section of the 1st article of the Constitution, which gives the power to Congress "to lay and collect taxes, duties, imports, and excises, to pay the debts of the Gos vernment."
Mr. HOLLEMAN then took the floor, and said that in the few words he had to say, he should not, like the gentleman who had last spoken, depend on his imagination or glowing descriptions of historical
He had always been taught that denunciation and declamation were poor substitutes for argument. And he was surprised that the genileman should have so far mistaken the character of the American people as to imagine that they would be led away by mere senseless denunciation. The gentleman had, in the course of his remarks, asked 'whence all this hurry in pressing this bill.” Now, did not the gentlemen remember, that a few months ago his party were constantly taunting the friends of the Administration about the "delay" of the bill? Did not the gentleman remember the sarcastic allusions to it, and the insinuations that the bill would not be brought forward at all? Yet now the bill was taken up, the friends of that gentleman had suddenly changed their cry, and the Administration members were denounced for endeavoring to pass the bill. Now what was to be done? If the bill was not brought up, the Opposition were displeased; and if it was brought up, the same course of abuse and denunciation was pursued.
After some further preliminary remarks, Mr. H. proceeded to discuss the merits of the bill, and to show its great superiority over any other system.
Aluding to the charge that losses would occur under the operation of this bill, Mr. H. asked where was the system, however well contrived, under which losses had not taken place? At what period was it, when Governments were not defrauded more or less by officers, through whose hands its money passed? Such would ever be the case, so long as the imperfection of human nature existed; and until the lime when the “Millenium” should arrive, and all men become honest, such losses must be expected.
He showed that the cry about an "exclusive currency for the office holders” was as ridiculous as it was false. He asked whether the hard mo. ney would not be paid out to the numerous pensioners, our soldiers who fought our batlles, and our hardy sailors who toiled on the deep. Instead of this bill being for the benefit of a few only, it was for the benefit of the mass.
Mr. H. then went into an examination of the career of the United States Bank, and from documentary evidence proved how futile were the boasted assertions of its being a “Regulator,” &c. He had not concluded at eight o'clock, at which hour,
Mr. ANDREWS moved that the committee rise; which motion prevailed.
On motion of Mr. ANDREWS,
TUESDAY, June 23, 1840. Mr. WRIGHT presented the memorial of Ann W, Angus, widow of the late Captain Angus of the
navy, praying for a pension; which was referred to the Committee on Naval Affairs.
Mr. WALKER, from the Commitee on the Public Lands, lo which the subject was referred, reported a joint resolution in addition to a joint resolution authorizing certain certificates to be cancelled and reissued; which, on motion by Mr. W. and by unanimous consent, was considered as in committee of the whole, and ordered to be engrossed for a third reading.
Mr. LUMPKIN, from the Committee on the Post Office and Post Roads, to which had been referred the memorial of the Southern Sieam Packet Company for compensation for carrying the mail, asked to be discharged from its further consideration.
Mr. CALHOUN said the memorial was presented by his colleague, (Mr. PRESTON,] who was not now in his seal; and he hoped the action of the Se. nate would be delayed until he was present; which was agreed to.
Mr. PIERCE, from the Committee on Pensions, to which was referred bills from the House,
For the relief of Elijah Fouchee;
For the relief of James Smith; made adverse reports thereon; which were ordered to be printed.
The House bill to refund a fine imposed on the late Matthew Lyon, under the sedition laws, to his legal heirs and representatives;
A bill for the relief of the executor of Thomas Cooper, deceased;
A bill for the relief of certain companies of Missouri volunteers; were read a third time, and passed.
The joint resolution for the relief of Langtree and O'Sullivan was taken up on its third reading, and after debate, in which Messrs. PORTER, TAPPAN, WALL, DAVIS, and BUCHANAN participated, it was recommitted to the Joint Com. mittee on the Library.
The resolution of the Committee on the Post Office, asking to be discharged from the further consideration of the memorial of the Southern Steam Packet Company, was taken up, and after some remarks by Mr. LUMPKIN and Mr. PRESTON, was agreed to.
The bill for the relief of the surelies of Archibald Sneed, deceased; and
The bill for the punishment of certain crimes against the United States, and for other purposes; were severally considered as in committee of the whole, and were ordered to be engrossed for a third reading
SYSTEM OF BANKRUPTCY. The Senate resumed the consideration of the bill to establish a uniform system of bankrupicy throughout the United States.
Mr. PRENTISS spoke at some length on the general merits of the bill. Hedrew a distinction between insolvent laws and bankrup!laws, which distinction, he argued, prevailed in England till long after the adoption of the Constilution in this country. He argued from this, and from other considerations and documents, that the power of bankruptcy in the Constitution was merely a supplemental part of the power over commerce; and that a bankrupt law, therefore, ought to be confined to the commercial classes, and should be carefully made to do equal justice 10 debtor and creditor.
While Mr. P. admitied that this bill might be productive of highly beneficial and desirable results, it would inevitably open wide the way for various evils which Mr. P. specified, the chief of which was the introduction and practice of frauds. On the whole, Mr. P. dared noi try it, even as an experiment; for he was greatly apprehensive that it would work a revolution of the worst kind, both in the morals and business of the country.
Mr. P. having concluded his remarks,
Mr. WRIGHT offered an amendment, requiring the voluntary bankrupt to set forth in his peti. tition to the court for a discharge under the aci, a list of his creditors, their respective places of re. sidence, and the amount due to each; togeiher with an accurate inventory of his property, rights and
credits, of every name, kind, and description, and the location and situation of each and every parcel thereof; these statements to be made upon oath, and according to the best knowledge and belief of the debtor.
This amendment was adopted without a division.
Mr. WRIGHT then offered a further amendment, to add an additional cause for involuntary bankruptcy, to these enumerated in the bill, in subsubstance as follows:
"That in case the debtor, being arrested or surrendered in the discharge of his bail, shall remain in prison forly days, or shall escape therefrom, or shall not within forty days give the necessary bail, or security, required by law, when his person, lands, or effects, shall be arrested or attached, by process issuing out of any court of record, then The creditors should be authorized to proceed under ilie bankrupt law against him as a bankrupt."
This amendment was advocated at some length by Messrs. WRIGHT aud WALL, and opposed by Messrs. HUNTINGTON, CRITTENDEN, WALKER, WEBSTER, and PHELPS, and negatived--ayes 18, noes 23, as follows:
YEAS-Messrs. Allen, Benton, Brown, Buchanan, Fulton, Hubbard, King, Linn, Lumpkin, Pierce, Roane, Robinson, Smith of Connecticut, Sturgeon, Wall, Williams, Wright, and Young-18.
NAYS--Messrs. Anderson, Clay of Kentucky, Clayton, Crittenden, Davis, Dixon, Henderson, Huntington, Knight, Merrick, Nicholas, Norvell, Phelps, Porter, Preston, Ruggles, Smith of ladiana, Southard, Tallmadge, Walker, Webster, and While--23.
Mr. WALL offered an amendment, to add an additional clause for involuntary bankruptcy, to those enumerated in the bill, in substance as follows:
“That in case the debtor shall make any fraudulent gist, sale, or other transfer of his goods, chaltels, credits, or property of any description, or shall declare himself to be insolvent, or unable to pay his debts, or other engagements, then the creditors should be authorized to proceed under the bankrupt law against him as a bankrupt.”. The amendment was lost by the following vote:
YEAS-Messrs. Allen, Anderson, Benton, Brown, Buchanan, Fulton, Hubbard, King, Linn, Limpkin, Pierce, Roane, Robinson, Smith of Connecticut, Sturgeon, Wall, Wright, and Young-18.
NAYS_Messrs. Clay of Kentucky, Clayton, Crittenden, Davis, Huntington, Knight, Merrick, Nicholas, Norgell, Phelps, Porter, Preston, Ruggles, Smith of Indiana, Southard, Tallmadge, Walker, Webster, While, and Williams--20.
Mr. WRIGHT ihen offered a further amendment, of the following substance:
“That in cases where a creditor makes the application for a comunission of bankruptcy againsi a debtor, any other creditor may coine before the couri, or the jury, and offer proof of collusion in the application between the creditor making the application and the debtor against whom it is made; and if such proof should be made to the satisfaction of the court, or jury, then the proceedings should be discontinued, and no certificate, or discharge, given to the bankrupt under the aci."
Mr. WEBSTER inquired what could be the necessity of this amendment, when every bankrupt could make his own application at pleasure?
Mr. WRIGHT replied that, as the bill stood, the amendment would be wholly unimportant; but that another amendment, which he proposed to offer, if adopted, would make this very essential. In order, however, to enable the Senalė to act clearly and intelligibly, is the Senate would give him leave, he would pass this amendment, and offer that one upon which this particularly depended, though not in the proper order of his amendments offered yesterday, and now printed and upon our tables.
A general call of "leave, leave," being responded,
Mr. WRIGHT offered an amendment, in substauce as follows:
"That in every case of voluntary bankruptcy, the certificate and discharge provided for in the law shall not be granted without the consent of at
least one half, in amount of debts, of the creditors of such bankrupt."
This amendment was lost by the following vote:
YEAS--Messrs. Allen, Anderson, Benton, Brown, Buchanan, Fulton, Hubbard, Linn, Lump. kin, Pierce, Prentiss, Roape, Robinson, Smith of Connecticut, Sturgeon, Tappan, Wall, Williams, Wright, and Young--20.
NAYS-Messrs. Clay of Kentucky, Clayton, Crittenden, Davis, Dixon, Henderson, Huntington, King, Knight, Merrick, Nicholas, Norvell, Phelps, Porier, Preston, Ruggles, Smith of Indiana, Southard, Tallmadge, Waiker, Webster, and White--22.
Mr. WRIGHT then declared his willingness to omit his preceding amendment, depending upon that just rejected, and proceeded to offer a further amendment, in the following words:
"And in case it shall be made to appear to the court, in the course of the proceedings in bankrupicy, that the bankrupt, his application being voluntary, has, subsequent to the first day of January last, or at any other time in contemplation of the passage of a bankrupt law, by assignments or otherwise, given or secured, any preference to one creditor over another, he shall not receive a discharge, unless the same be assented to by a majority in interest of those of his creditors who have not been so preferred."
Tois amendment was strongly opposel by Mr. WEBSTER, and advocated by Mr. WRIGHT, and agreed to by the following vote:
YEAS-Messrs. Allen, Anderson, Benton, Brown, Buchanan, Calhoun, Cuihbert, Falton, Hubward, King, Linn, Lumpkin, Pierce, Preniiss, Roane, Robinson, Smith of Connecticut, Sırange, Sturgeon, Tappan, Wall, Williams, Wright, and Young-24.
NAYS-Messrs. Clay of Kentucky, Clayton, Crittenden, Davis, Dixon, Henderson, Huntington, Knight, Merrick, Nicholas, Norvell, Phelps, Porter, Preston, Ruggles, Smith of Indiana, Southard, Tallmadge, Walker, Wcb ter, and White-21.
Mr. WRIGHT then offered the following further amendment:
That the bill should take effect from and after the thirtieth day of June pext, and not sooner.
Mr. WALKER objected to the length of time, and proposed the first day of January next.
Mr. WRIGHT said if the gentleman will accept the fourth day of March next, I will so modify my amendment.
Mr. WALKER asunting,
Mr. WRIGHT modined his amendment so as to read from and after the fourth day of March nexl, instead of the thirtieth day of June next.
The amendment was; adopted; ayes 23, noes not counted.
Mr. WILLIAMS then offered an amendment of the following substance:
“That the debtor shall not be discharged, in case a majority of his creditors, in number and value ou debts, and who shall have proved their debts before the court, shall file their written disseni against the granting of such discharge."
This amendment was adopted without a dinsion.
Mr. W. then offered an entirely new section to the bill, in the following words:
"And if, in any case of bankruptcy, a majority in number and value of the crešitors who shall have proved their debts at the time of hearing of the petition of the bankrupt for a discharge, as hereinbefore provided, shall, at such hearing, file their written dissent to the allowance of a discharge and certificate to such bankrupt, or if, upon such hearing, a discharge shall not be decreed to him, the bankrupi may demand a trial by jury, upon a proper issue, to be directed by the court, ai such time and place, and in such manner, as the court may order; or he may appeal to the circuit court next to be held within the district after fourteen days from the time of claiming the appeal, and such appeal shall be claimed, and notice thereof given 10 lhe court below within ten days after the de cision appealed from, and said appeal may be heard by said court summarily or by a jury at the option of he bankrupt, and the creditors may appear and object