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such as will sustain his principles, I answer that they are more likely to be homogeneous in sentiment than the supporters of Mr. Van Buren, so far as principle is concerned. Should judge White prevail in the contest over his opponent, surely the great democratic states, which it is said will sup. port Mr. Van Buren, will not desert their principles because their favorite leader shall have lost his election. Their cherish d democratic principles will undoubtedly continue dear to them under the lead of judge White; unless then the great body of Mr. Van Buren's friends shall desert their principles, the democracy of the country will still be triumphant."

SPEECH OF MR. PRESTON,

OF SOUTH CAROLINA,

On the treasury note bill. Delivered in the senate of
the United States, on the 18th of May, 1838.
The senate having taken up the bill to authorize
the issue of the treasury notes, to meet the wants
of the governinent-

bill, seemed to indicate that he and his friends had tumbling to pieces as you are, you stand in need of
been taken altogether by surprise; that bankruptcy prodigal appropriations to buy off the vengeance
had slily crept up unawares, and was about to which your prodigality has brought upon you.
pounce upon them by one portentous leap. Why You seek to purchase silence upon your spendthrift
has not this state of things been foreseen and fore- disbursements by more extravagant expenditures.
armned against? Why have we not been provided There is not one single act of retrenchment per-
with a system of finance to relieve us from these formed or in progress. There is no pretence of
paltry expedients-this living from hand to mouth? economy. The department asks for twenty-two
Here, in the sixth month of the session, the presi- millions; when it is known that when these reform-
dent of the United States comes into congress with ers and retrenchers came into power, twelve mil.
a beggarly account of empty boxes; supplicating lions were enough; and besides this audacious de-
congress to dismiss all other matters, and hasten to inand-from those who, it was proclaimed for their
the relief of the government. Why have you country's good, would be, with miraculous speed,
permitted this pitiable and disgraceful spectacle, the most economical of all possible politicians
now for the first time exhibited, of the president there are now bills before us proposing appropria-
warning congress of the government bankruptcy? tions of more than forty millions. No one has pro-
There is no excuse for, no palliation of, this unpre- posed to cut off any branch of extravagance, and no
cedented negligence and incapacity. The chair- party measure has been proposed to organize a sys-
inan of the committee stated to us the other day, tem of economy. Are there any propositions
when he proposed the sale of the United States of reform? Any committees of retrenchment? You
Bank bonds, that it was all the senate could do to have not given up one of your useless and corrupt-
wards replenishing the treasury. If this were true, ing projects. Not a harbor; not a ligh-house; not
as it is not, why was not this measure produced a pension; not even your notoriously useless Cum-
early enough to avoid this shameful crisis? Why berland road. In truth, sir, you dare not; this ad-
were not the proceeds of those bonds now in the ministration cannot give up any one means of
treasury? Why was not this very bill introduced influence and curruption. My colleague proved, in
into this body, as it was at the extra session, when a masterly report a few years since, that its founda-
our constitutional inhibition of originating a money tions were in money and patronage; take those
bill was not permitted to stand in the way of the away, and the swift destruction which in spite of
gentleman? If this had been done, we should have power and patronage is coming upon it, will over-
been allowed breathing time. But this is all the whelm it in the twinkling of an eye.
senator could have done. Let me call your atten-
tion, sir, to the first sentence of the president's ur-gality nor permit the people to know it. They
The administration can neither restrain its prodi-
gent message. He says:
dare not rouse the antagonist vigilance of the states,
and therefore resort to indirect by-ways of raising
a revenue. All that is wanted is, the silent hand of
the engraver, a little ink and paper. It is a most
noiseless operation. "Let the people slumber on
in sweet repose. Heaven forbid that we should
wake them."

Mr. Preston said he was altogether indisposed to mix up a discussion of the sub-treasury project with what he had to say on the bill now before the senate to provide for the issuing of treasury notes. With the hard inoney part of that project he had no sympathy during its short, but feverish existence; and now, being dead, he would be silent concerning it. "Nil de mortuis nisi bonum." By a very decisive vote, of 31 to 21, we are, said Mr. P. fully relieved from all further discussion of this scheme, however much its mourning friends may be indulged in eulogy and monody. There is now a real and practical question before us, which we are pressed to decide with breathless haste, at once; for if we delay a moment, honorable gentlemen tell us the government is about to be precipitated into a gulf of bankruptcy, from which it can be rescued only by our utmost speed. It is now Friday evening; the general government of the United States cannot pay off its laborers to-morrow evening without this bill. Without this bill the hod-carrier at the public buildings must go without his Sunday dinner. If we do not pass this bill now, this inNow, sir, it is competent to the senate to origi-posite law accomplished. A direct appeal to the stant, the government is disgraced, the public faith nate measures to recall these deposites from the states and the people for money would be a real and violated; there is no alternative-disgrace, or this states-as much within the powers of this as of the efficient check, not only upon your extravagance, bill, this identical bill, just as it stands, without other house. The administration members who but upon all your misdeeds, for it will immediately substitute, alteration, or amendment of any kind; have possession of both branches might have intro-create a spirit of scrupulous investigation into the and he who will not at once eagerly take it, just duced a bill in either to demand the whole, or any that a necessity of raising your revenue at all times whole conduct of the government. I believe, sir, as presented, is little less than a traitor. Such is portion, of these 28 millions; and, in my opinion, by direct taxation would be in itself a more searchthe language of gentlemen. Now, Mr. President, their shrinking from this obvious course is a reason I am not altogether content with this bold urging why we should look with suspicion upon the pro- checks and guards of the constitution, however ing and vivifying principle of liberty than all the by the administration of its own negligence and posed measure. Why do not gentlemen call on the incompetency, as reasons why we should not de- states for those deposites which are thus set forth wisely conceived. To the mystifying influence of liberate; that, because they have not done their by the president? is a question which suggests very more remote, silent, and unintelligible process of indirect taxation you now propose to add the still duty, we should not do ours; that, because their serious reflections. A bill introduced in due seaprodigality has exhausted your treasury, and their son would have replenished the treasury by this creating money. You shrink, altogether, within negligence has not announced that fact until time, for the legislatures of many of the states have yourself. You plunge into the dark recesses of driven the last moment, we should be deprived been in session until recently, and all have been in your safes and dungeons to counterfeit money, beof all discretion upon the ways and means, and session since the meeting of congress, and since cause you are afraid to ask the people for it. hastily to register the edicts of the executive. the present condition of things was foreseen by That portion of the senate which, either from habit every body except, perhaps, by the secretary of the or from recent illumination, believe in executive treasury. infallibility, may well believe that all discussion of executive recommendations is very useless, and, perhaps, very impolite; but it is pushing this complacency and acquiescence very far when a similar self-sacrifice is demanded of those who neither have the habit, nor have seen the apocalypse.

"I submit to the consideration of congress a statement prepared by the secretary of the treasury, by which it appears that the United States with over twenty eight millions in deposite with the states, and over fifteen millions due from individuals and banks, are, from the situation in which those funds are placed, in immediate danger of being rendered unable to discharge, with good faith and sire. I wish the people to know and feel what you Now, Mr. President, this is exactly what I depromptitude, the various pecuniary obligations of the government." are doing. I desire to see a main object of the de

I by no means, sir, desire to stop the supplies of government, believing that it is our duty at all times to make such appropriations as may be necessary and proper to sustain its action. If we should refuse to vote a competent salary for the president or the judges, we would unquestionably violate the constitution by omitting an important duty. But it is a very different question how the money to discharge these salaries should be raised. We must adopt some mode; what it should be is addressed to our discretion. The annunciation of these truisms would be ridiculous, but for the virtual denial of them implied in the language of senators who hold that opposition to the issuing of ten millions of treasury bills is the advocacy of government insolvency.

When, at the extra session, the first bill for the creation of government paper money was before us, I suggested and urged the propriety of drawing upon the deposites in the states. The idea seemed to meet with some favor from the administration side; but it was said we have no time-the case is too urgent; and this is to be a single instance of the issue of treasury notes, not to be followed up. Now there is a second instance; time urges again; bankruptcy has surprised gentlemen twice a year; and twice we are called upon for treasury notes, under the subterfuge of haste. Why is this, Mr. President? Why this puerile pretext, which, if it were aught but a pretext, is such an avowal of incompetency as should be followed up by the resignation of all concerned?

You

One year has already illustrated the fatal tendency and inevitable destiny of this system of making money. The issue at the extra session was said to be temporary, and but for a short season. now are about to repeat it. You will do it again and again. You will expand and extend your issues. You will push them, as all governments have in all ages, to extreme; to depreciation. You have tasted once of this intoxicating draught, and now return to it with a keen relish; again you will collapse, and again return to it. Even now there are strong symptoms that this luscious and exhilarating beverage is beginning to be considered as a regular ingredient of the government dietetics. It begins to be whispered that a permanent system of government paper may not be that wretched parent of public and private demoralization which all time has proved it to be, and perhaps one inducement for proposing the present measure may be to famiThe alternative for those who govern us is of liarize the public mind by degrees to what no one fraud or folly. But I believe, Mr. President, there would dare openly avow as the ultimate object of is not much difficulty in ascertaining the tre cause the adininistration, viz. the establishment of a goof this reluctance to demand the deposites, and wil-vernment paper currency. It is necessary to aplingness to issue the treasury notes. The issuing proach this consummation warily. The people of treasury notes is a quiet, unostentatious proceed- have some ugly reminiscences of continental moing, rousing neither individuals nor states. You ney. They have heard of the French assignats. silently get the desired sweets without exciting the swarm, whereas, if you demand the deposites it is striking the hive, and all the inmates are forthwith about your ears.

For one, sir, I should hold myself guilty of a gross violation of public duty if I withheld the supplies necessary; and I should hold myself equally guilty of a gross violation of public duty if I voted for this bill; and I never will, under any pressure, however brought upon me, whether, like the present, it If you ventured to call upon the states, they would be either the result of incapacity or of a purpose to turn upon you and inquire, for what purpose is all this make an emergency, neither in war nor in peace, money wanted? What measure have brought you will I ever vote for the issuing of treasury notes, to this condition? In short, by making this call, bills of credit, concealed loans, continental money. you would effect what was a prime object of the The argument for the bill is the haste necessary. deposite law; you would excite the vigilance of the Those who arge the necessity, urge it as an argu- states, and make them, to use the phrase of the ment. The necessity is perhaps made for the sake times, antagonist to your prodigality; a prodigality of the argument. The breathless haste with which which no country could less bear, and no adminis the chairman came running into the hall with thetration ever stood so much in need of. Broken and

Many remember the North Carolina proc money. They would be shocked with the "heinous" mien of this "monster" if the veil were suddenly drop. ped. But if they can be brought to "endure" it, why, in the regular progress of moral degradation, they may at length be brought to "embrace" it. And when the country is debauched into this embrace, when we are brought to agree that this government shall create its own funds, for its own purposes, I would not give you a baubee for you constitution. Its checks, limitations, and restrictions, are a mere mockery. When the government can make money ad libitum, it will spend it ad tibitum.

I am very strongly persuaded that you have no al; for the constitution prescribes the form and foresee or prudence avert-what is our duty? Why, power under the constitution to issue treasury notes. manner of raising money. It allows you no discre- to do what is necessary to pass the crisis, and My colleague states that he intends to vote for this tion as to the form and manner. If this be sub- nothing more, until we can sit down coolly and debill, but would, by no means, under any circumstantially a loan, borrow the money, as the constitu- vise the most appropriate measur. s. And this is stances, in war or in peace, vote for a loan. This tion directs you. the course indicated by the amendment proposed most emphatic declaration of his opinion that the But it is objected that borrowing money is a dan- by the senator from Massachusetts. He proposes proposed measure is not a loan leaves it upon the gerous expedient, inasmuch as it creates a national to grant two millions of treasury notes, which will footing of paper issued upon the credit of the go- debt, and therefore that bills of credit are better. relieve the pressing necessities of the government, vernment; and all parties admit that it is intended So thought not the convention; and, for my part, and allow us time to look about us. Indeed, sir, I for circulation. These two qualities combined (though I have no fancy for a national debt,) I believe that a hesitating and stinted allowance, from make the definition of bills of credit; and such, sir, would rather encounter it than be wise beyond the time to time, just enough to keep us along, might we have no power to issue under the constitution. constitution. Whether the issuing of bills of cre- tend to enforce a wise lesson of practical economy. And, in the first place, appealing to the highest dit does not create a debt equally with the borrow- We have long wasted our substance with riotous canon of constitutional construction, I demand that ing of money, I shall inquire by and by. For the living, and it may be well for us to be reduced to the power be pointed out to me. Where is it? present, I have to say that I greatly prefer the plan husks for a season, that we may be brought to acWhere is your authority to issue bills of credit? It of borrowing, not only because it is prescribed in knowledge our sins. Undoubtedly, Mr. President, is expressly prohibited to the states; is it expressly the constitution, (always sufficient for me,) but when we do so, and return to the safe precepts of given to this government? Whatever was so sub- because it brings you fairly before the people, drags our fathers, we shall be again in the midst of comstantive as to require express prohibition to the you from your lurking places, overrules your pleas fort and abundance. But this consummation will states, was sufficiently substantive to require ex- in abatement, and puts you at the bar of your coun-be postponed yet for a year or two; and for that press grant to the federal government. The silence try. Yes, Mr. President, go to the people, the peo- time, perhaps, it will be necessary to provide. I, of the convention in one case is as emphatic as its ple whose money you have squandered, whose com- sir, prefer borrowing to treasury notes. But why language in the other. This governinent, to be merce you have broken down, whose riches you resort to either beyond the immediate pressure of sure, has the power of raising money, but it is a have destroyed, go and ask them, in the constitu- the moment, when the president tells us, and we definite power, limited to certain objects, and cir- tional modes which they have prescribed, for more all know, that we have 28 millions of deposite? cunscribed also as to the mode of doing it. There money. If you desire to avoid any thing but the Call in your debts; check for your deposites. The are two modes of raising money permitted by the appearance of a national debt, advance boldly to the course is direct, plain, obvious; precisely that which constitution: 1st, by laying and collecting taxes, people and ask for money. Send out your tax col-any prudent individual would pursue: being pressed imposts, &c.; 2d, by borrowing money. lectors. Abandon this paltry subterfuge, and come by his wants or his creditors, he would call upon Congress shall have power to lay, &c.; congress up openly to your object, with all your purposes his debtors. This, sir, is your only true policy; but, shall have power to borrow money. There the avowed and acted upon. Send the tax collector instead of it, you propose to create a national debt, powers of congress cease. It is not added that with your demands for money-for hard money, Mr. to encourage storkjobbing and speculation, and to congress shall have power to issue bills of credit. President. I should be glad to see you send your lay the foundation of a future high tariff. I warn If the power to raise money had been granted in taxgatherers through the country with their leath- my colleagues of the south that this creation of a general terins, it might have been urged, with some ern bags or green purses demanding to have them national debt is playing into the hands of those who plausibility, that all modes of doing it were includ-filled with hard money. This would bring your have deceived us once upon the tariff, and fastened ed in the grant. But the modes are themselves the theories to the test. This would decide the ques-it on us. I beg them to remember that the adminsubjects of express grant and enumeration; by a tion as to what medium you should be paid in.— istration opposed the compromise, and endeavored, clear rule of construction, an enumeration of some Demand gold of the hard-handed farmer, who has at the last session, to violate it; and boasted that particulars excludes those not enumerated; and the returned from market with the proceeds of his pro- they would have succeeded but for the South Caro application of this rule is especially strong in the duce, and when he offers you what the policy of his lina votes. I beg them to remember that a national present case, from the fact that at the time of the state has placed him under the necessity of taking, debt in 1842 will be cause for a new imposition of convention bills of credit were the most frequent tell him that you scorn his dirty trash, that precious duties; and that, at this moment, and forward to and familiar mode of raising money; and their in- metal alone is for you. Hold this language to him that period, this blundering and falling party in tended exclusion might be strongly inferred from and to his family, and then, if you can come back power could desire nothing more ardently than to the odium into which they had justly fallen. The here with your wild schemes, do so, and make the have a vital question of this kind open for them to modes expressly authorized in the constitution are most of them. I should most heartily rejoice to play their desperate party game with. abundantly ample for all the purposes of revenue. see your system, for a short time, brought practi- What were the terms on which we deposited the The power of taxation is that of confiscating the cally into operation by a direct tax demanded from surplus revenue with the states? Did we say to property of the country for the purposes of govern- the people in gold and silver. It was the great them it is a gift, or did we not, on the contrary, exment. The power of borrowing is limited only by fraud of the tariff system, that its operation upon pressly deny that position? I call to the recollec the extent of the government credit. Surely this is the tax-paying community was so circuitous and tion of the senate the facts in relation to that bill, enough for all honest and legitimate purposes. involved as to be difficult of clear, or, at least, of the manner of the execution of which is the true There are practical restrictions on both these grants succinct exposition. The process admitted of cavil source of the distress which we all now feel. When of a very efficient character: upon that of borrow- and mystification. So, too, in the system of mea- the opponents of the bill charged upon us that our ing, the want of credit, if it be wantonly pushed; sures now recommended, and especially in the bill real object was to give the money to the states, we upon that of taxation, the resistance of the people now before us. You disguise and conceal the ulti-repelled the charge with indignation. For myself taxed; but, upon the assumed power of emitting mate effect, by throwing it upon a future time when I thought the charge an imputation on my political bills of credit there is no restraint resulting from it will be mixed up with other matters, in the con- honor. I would have voted against the bill had I the nature of things. The will or the wantonness fusion of which you may find an argument or make believed that to be its purpose. In that view its of government prescribes their own bounds-a subterfuge. I defy, I dare, the administration to operation was most unequal. It gave to my own bounds that never have, and never will be ascertain- come out frankly with their projects, so as to sub-state in the proportion of one million of dollars to ed, but in the utter exhaustion of a totally depreci-mit them practically to the people. Demand your four millions to New York; yet my state contributes ated currency. But the argument against the pow-deposites from the states, or openly borrow money to the revenue in the inverse ratio of what she reer does not rest exclusively upon the application of while you have so much on deposite; or, having ceived. The southern doctrine is, that the states these obvious rules of construction; it derives great dried up the revenue from imports, by destroying pay into the coffers of the general government in strength from the proceedings of the convention commerce, order a direct tax to be paid in specie. upon the subject of bills of credit; and places the Some senators approve of the proposed issue of objection upon grounds which must, at least, be treasury notes, because they say they will not agree conclusive to all who hold a United States bank to to create a national debt. I can perceive no difbe unconstitutional. ference in effect between the obligation to pay The denial of the constitutionality of that insti- these bills when presented, and any other obligatution rests mainly upon these two grounds: 1st.tion recognising a debt. A treasury note is issued That no grant of power to create a bank is found to discharge a debt now due, by creating another to in the constitution. And, 2d. That, in convention, fall due hereafter. If you borrow money, you acthe proposition to endow this government with the knowledge a debt for money received. When you power to create corporations was negatived. Both issue a treasury note you acknowledge a debt for objections lie against bills of credit. The proposi- services rendered. I do not think that the honoration granting such a power to congress was express-ble chairman of the committee on finance, whose ly made to the convention by the report of a com- candor and perspicuity are acknowledged on all mittee; it was fully discussed, and rejected. Lu- hands, will contend that this bill does not authorize ther Martin reports the various views taken. He the creation of a national debt. The senator intihimself was in favor of the proposition, and consi-nates that he will not contend for it. He admits dered the proceeding of the convention, in denying that it is a national debt. Indeed, the terms of the this power, as an unwise restriction upon the pow-law of the extra session, which this proposes to ers of congress. I refrain, Mr. President, from revive, are unequivocal. They are: pushing this argument into any further detail, as the ground has already been fully and ably occupied by a member from South Carolina, in the other house, to whose views I could add nothing. He and my most worthy and most republican friend, the venerable senator from Tennessee, have prece ded and given me the sanction of their authority for this position. Although my colleague considers At the extra session a bill for the issue of ten this bill as by no means a borrowing of money, gen. millions of treasury notes was passed to meet an tlemen who act with him contend that it is, in effect emergency, as it was said-an unexpected crisis. and substance, a mode of making a loan. If that Here, now, is another emergency-another unexbe so, sir, it is not the less unconstitutional; for it pected crisis. In truth, sir, I believe the treahas the form and semblance of bills of credit. And sury habitually exists in a state of emergency-in although bills of credit may be, in effect and sub- a critical condition. But admit that we are overstance, a loan, they are not the less unconstitution- taken by circumstances which wisdom could not

"That the secretary of the treasury be, and he is
hereby, authorized and directed to cause to be re-
imbursed and paid the principal and interest of the
treasury notes which may be issued by virtue of
this act."
"For this reimbursement,
at the time and times herein specified, the faith of
the United States is hereby solemnly pledged."

proportion to their exportations, and not their consumption. If that doctrine be true, (and, have seen no reason to disbelieve its truth,) then I should have been most unwilling for South Carolina to receive so small a pittance of what she contributed to the revenue, while New York received four times as much. But I denied it to be a gift, and I stated at that time, in my place, that if the general government should ever be in a condition to need the money, I was ready to pledge my state that it should be paid back to the last dollar I now call upon the senate to carry out, in good faith, the provisions and principles of the deposite bill, and to demand from all the states their respective quotas of the amount then deposited with them. The deposites were made with the states according to their popu lation.

As the bill originally passed, it would have been the imperious duty of the secretary of the treasury, in the present state of our finances, to have promptly demanded whatever sums are necessary, the precise contingency contemplated in the act having oc curred. At the last session, however, it was supposed that the discretion of determining on this contingency could be more safely confided to congress, and, therefore, the act was so amended as to require that the legislature should, at its pleasure, make the demand. If the case provided for has oc curred, it is as much our duty to proceed as it would have been that of the secretary; and I now demand of gentlemen, how dare you, in the face of this act, presume to borrow money? how dare you, with such a resource at your command, resort to any other means whatever?" By passing the bill before you, you ipso facto repeal the deposite law. No

gentleman will suppose that that law is at an end, whole cannot at once be called for. If $2,000,000 | out it; and yet, by Luther Martin's report of the and all hope from that quarter out of the question, are insufficient, $5,000,000 will surely do for the pre-proceedings of the convention, it appears that that for the president himself talks to us about the twen- sent. I cannot, myself, vote for any which contem- body, after much and warm discussion, denied to ty-eight millions on deposite and due to the govern- plates the issue of treasury notes; but, if the amend- congress the power to issue bills of credit, and ment. The question is, whether you will now re- ment of the honorable gentleman succeed, I shall granted the power to borrow money; for a very obpeal it, and thus place the southern states in a con- then offer for the adoption of the senate, the follow-vious reason-the borrowing of money does not dition where they may be ground down under a ing: make money; the issuing of bills of credit is making system of excessive taxation. money, is creating a circulation, which is the avowed object of this bill. My colleague denies that these are bills of credit. Judge Marshall defines a bill of credit to be paper issued on the faith of the government, intended for circulation. No one can dispute the correctness of this definition, or that these treasury notes are expressly within its terms. My colleague states that these notes are but means of anticipating the revenue. This is the sole purpose of all bills of credit, of all loans, of all national debts.

And be it further enacted, That the secretary of the treasury is hereby authorized and required to make the requisitions upon the states according to the provisions of the act of the 23d of June, 1836, for such sums as the expenses of the government may require.

But it is said the states might find it inconvenient to repay this money, and that the demand may oppress them. If it be so, for one, I had rather that South Carolina should meet the demand now, than meet it in the shape of a tariff four years hence. Her credit is good, her resources abundant, and, if [At a subsequent stage of the debateshe has not got the money, she can borrow it on as Mr. Calhoun said that his colleague had made an good terms as you can. So can all the other states. objection against the constitutionality of this bill, Their credit is as good as yours. It will be easy which he deemed proper to notice. It was a rule for the states to meet the emergency. It may be with him, where the constitution is supposed to be said that these quotas from the states will not be involved, to bestow his serious consideration before But my colleague states, with an air of triumph, enough, even with the two millions of the treasury he acted, and, if he saw reasons to doubt, not to that I am in favor of the resolution of 1816, which notes. Add what, by the terms of the act, you are give his assent. He had complied with the rule in authorizes the receipt of bank notes, and which is at liberty to draw from them, to the proceeds of the this case, and the result was a clear conviction that equal to the endorsement of such notes by the gosale of the United States Bank bonds and the ac- the bill was constitutional. The right had been ex-vernment, and thinks this is inconsistent with my cruing revenue, and you will find there is enough, ercised from the commencement of the government, views in regard to treasury notes. If this be so, even for your habitual prodigality; but if it be not, without being before questioned; and, according to then my colleague, in objecting to the resolution of then your reduced means will enforce a salutary his conception, came within the powers expressly 1816, acts inconsistently with his approbation of economy-an economy which, I believe, nothing granted to congress to borrow money, which meant these treasury notes, which, he says, are the same but the iron hand of necessity can enforce. It is neither more nor less than to raise supplies on the thing. His proposition against me is, that I should one of the most difficult efforts of private life to public credit. Interest was not essential to borrow- hold these treasury notes to be constitutional, bebreak through fixed habits of extravagant living, ing; and it would be ridiculous to suppose that the cause I hold the receipt of bank bills under the reand reduce one's expenditure within the limits of a framers of the constitution intended to authorize the solution of 1816 to be constitutional. Does he not reduced income. Nor is this difficulty owing alone raising of the supplies with interest, and to prohibit perceive that the converse is true; that he, condemnto the violence done by such a process to our vanity it without it. But we are told that treasury notes ing the resolution of 1816, should also condemn these or pride. It is still more the violence which must are bills of credit, and that the constitution does treasury notes? Besides, sir, that part of the resolube done to the force of habit. It is, in fact, a change not authorize congress to issue bills of credit. He tion of 1816 is my colleague's own proper work, in our mode of existence. And if this is so diffi- did not deem it necessary to go into a formal dis-upon the constitutionality of which he no doubt becult with individuals, it is, on every account, still cussion on either point. He denied that they were stowed his serious consideration before he acted. If more difficult with governments. Now, the go- bills of credit in any proper sense of those terms. the two things are virtually the same, then I have my vernment of this country, since the coming in of They were intended to raise supplies to meet a colleague's authority, by his present vote, for the this most economical administration which ever pro-temporary deficit in the treasury, and were, in fact, constitutionality of the receiving of bank paper. fessed economy, has, in three years, spent upwards nothing more than means of anticipating the re. If they be not the same, then his argument has no of $100,000,000. Under this most virtuous, most venue. bearing patriotic, most pure and self-denying, and most But he would not pursue the argument. He economical of all possible parties, thus much has would bring it to a short and decisive issue with his been expended; and there are now propositions be- colleague. His colleague is the strenuous advofore the two houses of congress for the expenditure cate of the joint resolution of 1816, which authorof $40,000,000. Sir, this evil has a perpetualizes the collection of the public dues in the notes of growth, and I see the necessity of applying to it an specie-paying banks, and has no scruples as to the finmediate and effective, though perhaps an un- right of collecting in the notes of the banks that do welcome and caustic, remedy. Let the govern- not pay specie. Now, no one will deny, that to aument be taught by necessity to cut down its expen-thorize the receipt of bank notes in the dues of the ditures. Extravagance is our disease, retrenchment government is virtually to endorse on each note that our only remedy. it shall be received in the public dues; or that, if the government had the right to do the one, it had the right to do the other. Nor will it be denied that, if the government has the right to write on the back of a bank note that it will be received in the public dues, it has an equal right to write the same on a blank piece of paper, or, which is the same But, most conclusively, the convention denied to thing, to make a treasury note. The truth is, that congress the power of issuing bills of credit, while to authorize bank notes to be received in the public it placed no limit upon its receiving public dues in dues is neither more nor less than to make them, to bank notes: the receipt of which was justified by that extent, treasury notes, and is, pro tanto, as Mr. Madison in the first congress; has been followmuch the making and issuing such notes as if done ed up by the government ever since; was expressly on a separate piece of paper. If the one be un-authorized by the amendment made upon my colconstitutional, the other is clearly so. Now, he league's motion to the resolution of 1816; and never would make the bargain with his colleague and doubted until within these six months. I rejoice, other advocates of the connexiou with the banks: Mr. President, that my colleague has put the quesif they will give up the use of bank paper by the tion on this short and decisive issue. government, he would give up the use of treasury notes; and, if they will deny the constitutionality of receiving bank notes, he would not insist on the constitutionality of treasury notes; and, in so doing, he should make a very good bargain for the country. But he was utterly unwilling to admit a construction which, while it denied to the government the use of its own credit, would give the monopoly of it to the banks.]

But there is, Mr. President, a most essential difference, both in fact and in theory. By the resolu tion of 1816 the government does not endorse, actually or virtually, the notes of specie banks. It receives them itself, as long as a note is a check for specie; but it does not guaranty them in the hands of the holders, if the banks fail, which is the only conceivable meaning of endorsement. If there were either an actual or virtual endorsement, the government would at this moment be liable for all the bank paper in the United States.

Again: by receiving bank notes, the government does not create a currency, but uses one which it finds in existence, and that no longer than it is equivalent to specie; whereas the government paper must be taken, whether equivalent to specie or not.

Two very different men, but each having weight with certain classes of politicians, have entertained similar sentiments.

This bill comes to us under peculiar circumstances. It is perfectly well known that the popular branch of this government would never have passed this bill but under the most pressing apprehension that the fund for internal improvements would be exhausted without it. It is, in fact, a bill to raise funds for internal improvement. A few votes would have turned the scale. Who knows, but, after all, it was passed for the sake of some harbor on Lake Ontario, where a member's constituents had the hope that $10,000 or $20,000 of the public money was to be expended? Who can say but it was the Cumberland road itself that passed the bill? Sir, you know how these things are managed. The constituents of gentlemen are in the habit of instructing them, or at least of electing them under a pledge or understanding that they shall vote for some expenditures in their quarter. Maryland, Virginia, Pennsylvania, had been interested in the Cumberland road, and they had all had their day: now Ohio, Indiana and Illinois come upon the field; they insist upon their share of the road. Its refreshing, its fertilizing influence is to proceed westward. The people will have it. They hold their representatives responsible, especially when on their return home they will have to mount the steps Mr. Preston. I beg leave to say a word or two or the stump, and demonstrate to their constituents by way of rejoinder to my colleague's reply to the that they had lost the road because treasury notes constitutional objections which I urged when I first were a bad thing, and their representatives could not vote for them. To hold language like this, requires some courage; and while I would speak with due respect of those in both houses, to whom the people have thought fit to confide their most important interests, I cannot but remember that, after all, they are men and of like passions with others. And yet, notwithstanding that, the progress of internal improvement, the progress of the Cumberland road, 2dly. He says it is expressly granted in the depended upon this bill; notwithstanding, that it power to borrow money, under which this is in-practice of paper emissions would rarely fail, in any had in its favor all the seductive influence of light-cluded; and yet he says that he never will, in war houses and harbors, which without it would perish, or in peace, borrow money, or in anywise create

that bill was sent to us by a tie vote.

It will not be in order for me, at this time, to offer the amendment I propose, unless that offered by the honorable gentleman from Massachusetts, (Mr. Webster,) or something like it, shall be adopted. If it be true that the whole amount of $10,000,000 is immediately required, then there is no occasion for my amendment. But surely the

General Hamilton said: "The emitting of paper money by the authority of government is wisely prohibited to the individual states by the national constitution, and the spirit of that prohibiton ought not to be disregarded by the government of the United States. Though paper emission, under a general authority, might have some advantages not spoke. applicable, and be free from some disadvantages In the first place, he states that the right to issue which are applicable to the like emissions by the treasury notes has been exercised from the founda-states separately, yet they are of a nature so liable tion of the government. So has the right to estab- to abuse, and, it may even be affirmed, so certain of lish a bank. So has the right to receive bank pa- being abused, that the wisdom of government per in public dues, the denial of which right, under will be shown in never trusting itself with the use the constitution is the foundation of my colleague's of so seducing and dangerous an expedient." "The new theory of finance. stamping of paper is an operation so much easier than the laying of taxes, that a government in the such emergency, to indulge itself too far in the em ployment of that recourse, to avoid, as much as national debt. But the constitution makes a dis- possible, one less auspicious to present popularity.” tinction between bills of credit and borrowing mo- General Jackson said: "I hope no treasury notes ney; for the issuing of the former is prohibited to will be issued. The treasury drafts upon actual dethe states, while no one doubts that they may bor-posites are constitutional, and do not partake of parow money. per credits as treasury notes, which are subject to depreciation by the merchants and banks, and shavers and brokers; and will be, if issued, and the government cannot avoid it.”

a

He says it would be ridiculous to suppose that the framers of the constitution intended to authorize the raising of supplies with interest, and not with

TWENTY-FIFTH CONGRESS.

SECOND SESSION-SENATE.

June 15. Among the petitions presented to day one was by Mr. Tallmadge from Henry Hall Sherwood, relating to discoveries in magnetism made by him, and improvements in the construction and use of the magnetic needle. Read, referred, and ordered to be printed.

The senate proceeded to consider the bill to create the office of surveyer-general of the public lands in Michigan.

On motion of Mr. Morris, the bill was indefinite-
ly postponed, without a division. The senate took
up the bill for the relief of general Alexander Ma-
comb. Mr. Hubbard explained and advocated the
bill at length. Mr. Buchanan desired to make some
remarks on the bill, but, declining to speak on ac-
count of the smallness of the number present,
The senate adjourned.

June 16. Mr. Buchanan presented three memorials from citizens of Philadelphia city and county, praying the inmediate passage of the sub-treaThis bill was discussed at much length by Mes-sury bill. Laid on the table. srs. Lyon, Clay, of Ala. Prentiss, Webster, Norvell, Messrs. Norvell, Clayton, Buchanan, and Pierce, Tipton, King, Smith, of Ind., Clay, of Ky., Young, reported without amendment, from committees, vaand Sevier. rious private bills referred to them.

Robinson, Smith, of Connecticut, Trotter, Wright,
Young-19.

Mr. Clay, of Alabama, moved to lay the bill on the table, wi h a view to prepare an amendment for abolishing old land offices when no longer required.

Mr. Tipton moved to lay the bill finally on the table, which motion was carried in the affirmative by the following vote:

YEAS-Messrs. Allen, Bayard, Benton, Brown, Calhoun, Clay, of Alabama, Clay, of Kentucky, Clayton, Cuthbert, Davis, Fulton, Grundy, Hubbard, King, Lumpkin, Lyon, McKean, Morris, Mouton, Nicholas, Niles, Norvell, Preston, Roane, Robbins, Ruggles, Sevier, Smith, of Connecticut, Smith, of Indiana, Swift, Tallmadge, Tipton, White, Wright-34.

NAYS-Messrs. Buchanan, Pierce, Prentiss, Robinson, Trotter, Young-6.

The chief arguments in favor of the bill were un- On motion of Mr. Roane, the secretary of the derstood to be the security of the documents relat-navy was directed to communicate to the senate the ing to the surveys, and the facilities which would proceedings of a court martial at Gosport, on the be afforded to purchasers to determine the bounda- case of captain William Ramsay, of the navy. Mr. Clay, of Alabama, from the committee on ries of their lands. Several bills from the house were read twice, and public lands, reported the bill with the amendments Mir. Clay, of Kentucky, stated, in the course of referred. referred to them, granting pre-emption to settlers the discussion, that there were now sixty-four land The bills to establish an additional land office in on the public lands, with recommendations that the offices in the country, twenty-one of which had Louisiana, and to incorporate the navy yard bene-amendment of Mr. White to the amendment of the been created since the commencement of the late ficial society of the city of Washington, were se- house relating to Choctaw reservations be adopted, administration, and seven offices of surveyor-verally read a third time and passed. and that the amendments of the house so amended general, two of which had been created since that be then concurred in. time; whereas, Pennsylvania and Virginia, with Kentucky annexed, had each bad but a single land office.

Mr. Prentiss, offered an amendment, requiring that the field notes and other papers descriptive of the boundaries of lands surveyed should be deposit ed with the secretary of state of the respective states in which the lands lie.

On motion of Mr. Smith, of Indiana, who wished also to offer an amendment, (understood to be a provision for a surveyor-general for Indiana also) the bill was, for the present, laid on the tableAyes 17, noes not counted.

On motion of Mr. Grundy, the senate disagreed to the substitute of the house for the senate bill to change the time of holding the circuit court of the United States in the ninth circuit. So the bill was sent back to the house as it originally passed the senate.

The senate bill to grant pre-emption rights to settlers on the public lands was received from the other house with amendments, which were subsequently taken up for consideration.

Mr. While offered a substitute for an amendment by the house relating to reservations of Choctaw

lands.

Mr. Clay, of Alabama, also sent to the table an amendment to the bill, in the form of an additional section, disallowing floating pre-emption claims under the various pre-emption laws.

On motion of Mr. Clay, of Alabama, the bill was then laid on the table, and ordered to be printed with the amendments.

The senate resumed the consideration of the bill to create the office of surveyor-general of the public lands in Michigan.

Mr. Prentiss temporarily withdrew his amendment requiring the field-notes and other documents relating to surveys to be deposited, when the duties of the land office should terminate, with the secretary of state of Ohio, Indiana, and Michigan, respectively.

to.

Mr. White's amendment was accordingly agreed

At the request of Mr. Young, who expressed a wish slightly to modify one of the amendments of the other house, the bill was temporarily laid on the table; subsequently taken up, the amendments of the other house further modified, and concurred in by the senate, and the bill was sent back to the other house for concurrence.

Mr. Smith, of Indiana, then offered a substitute for the bill, providing for the removal of the present The senate resumed the consideration of the bill surveyor general's office for Ohio, Indiana, and for the relief of major general Alexander Macomb. Michigan, from Cincinnati to Michigan city, in In- The question at issue on this bill was understood diana. Mr. S.'s substitute also embraced Mr. to be whether or not a brigadier-general, being a Prentiss' above amendment as a second section to major-general by brevet, should, when his com the bill. Mr. Norvell moved to strike out "Michi-mand merely exceeded a brigade, without amount. gan city, in Indiana," from this substitute, and in- ing to a full division, receive the pay of his brevet sert Detroit, in Michigan. rank.

This question being divided, the motion to strike out was carried-Ayes 17, noes 10.

The bill, at much length, was opposed by Mes. ers Buchanan, Calhoun, Prentiss, Nicholas, and White, and advocated by Messrs. Hubbard and Strange.

On the question of its engrossment for a third reading, the vote stood as follows:

YEAS-Messrs. Bayard, Brown, Clayton, Hub. bard, Lyon, Norvell, Preston, Strange, Tallmadge,

-9.

Young-23.

Detroit. Mr. Tipton said his object was to transfer Mr. Norvell then withdrew his motion to insert the office of surveyor-general from Cincinnati, a point where it was not convenient to the lands yet public work was to performed. Two years ago to survey, to the vicinity of the place where the Cincinnati to South Bend, a flourishing town withthe senate passed a bill to remove the office from NAYS-Messrs. Allen, Buchanan, Calhoun, in five miles of the line between Indiana and Mi Clay, of Alabaina, Fulton, King, Lumpkin, Mechigan; that bill did not become a law. The Kean, Mouton, Nicholas, Niles, Prentiss, Rives, amendment offered by his honorable colleague pro Roane, Robinson, Sevier, Smith, of Connecticut, posed to remove the office to Michigan city, India. Smith, of Indiana, Swift, Tipton, Trotter, White, na. That place was now striken out of the amendSo the bill was then rejected, and the senate The Vice President presented a communication from Michigan (Mr. Norvell) had proposed Dement by a majority of the senate. The member adjourned. from the war departinent, in pursuance of a senate troit, but withdrew it. He (Mr. T.) was not acJune 18. Mr. Buchanan presented six memoresolution, with a communication from the adju-tuated by a wish to injure any individual or state,rials from citizens of the city and county of Philatant general, in relation to the hostile disposition of Indians on the Arkansas frontier, stating, on the or to benefit any local interest, but to serve the delphia, praying the immediate passage of the country. He moved, therefore, to fill the blank sub-treasury bill, and remonstrating against a letter, from prudential motives, was whithheld, was a flourishing town, on Lake Michigan, at the authority of a letter from gen. Arbuckle, which with the town of St. Joseph's, Michigan. This bank of the United States. Laid on the table. that hostile intentions had been manifested in the mouth of the St. Joseph's river, about thirty miles councils of several Indian tribes, but also expressing the hope that such hostile designs would not be matured. Referred to the committee on military affairs, and ordered to be printed.

The bill to establish an additional land office in Louisiana, and the bill to incorporate the navy yard beneficial society of the city of Washington, were severally considered, and ordered to be engrossed for a third reading.

north of the line dividing Indiana and Michigan,
accessible to steamboats at all seasons of the year,
when not obstructed by ice, and about equidistant
of Michigan, convenient to all concerned.
from the south boundary of Indiana and the north
After some conversation, the question on this
motion was put, and it was carried in the affirma-
tive: Yeas 27, nays 4.

Also, a remonstrance from citizens of Philadelphia law. Referred to the committee on patents. against the passage of an international copy-right

Columbia and others, recommending to congress
Also, a memorial from citizens of the District of
the making provision to send a diplomatic agent to
Hayti. Laid on the table.

Mr. Tallmadge said he rose to ask the unanimous consent of the senate to bring in a bill to abolish imprisonment for debt in certain cases. I introducMr. Lyon spoke in favor of creating a new office the attention of the senate, by presenting a petition ed this subject, some time since, said Mr. T., to The senate proceeded to consider the bill from the house, authorizing the Washington monument for Michigan, and of abolishing the old office when- for that purpose, and referring it to the committee society to erect a monument to the memory of ever the occasion for its existence should cease. Washington on the public mall. Mr. Preston ob- Mr. Clay, of Kentucky, and Mr. Lumpkin, spoke who are so abundantly competent, would have dion the Judiciary. I had hoped that that committee, jected to the site as too low, and said on that ac-briefly but earnestly against creating a new office gested a bill for the abolishment of imprisonment for count he should vote against the bill. Mr. Bayard for Michigan, as an unnecessary extension of exe-debt in all cases on process issuing out of the courts objected to the site, that the monument would cutive patronage, and in favor of the removal pro- of the United States. I am aware of the difficulties greatly injure the beauty of the view west of the posed by the substitute, as highly liberal to Michi- in fratring the details of such a bill; and am also capitol. Mr. Allen inquired what was the amount gan, on the part of the senators from Indiana. of means which had been collected from all parts of The question of liberality was briefly contested to its adoption. I fully appreciate the situation of aware that there might be a difference of opinion as the country. Mr. Roane replied that it had been by Messrs. Norvell and Lyon on the one part, and the committee, and do not intend, in the slightest stated at $30,000. Mr. Allen then, in a speech of Messrs. Smith, of Indiana, and Tipton, on the other. degree, to complain of their inaction. considerable length, and great earnestness (in which The question was put on the first part of the subhe was vigorously seconded by his colleague, Mr. Morris,) expressed his decided belief that more than $30,000 had been collected for this object in Ohio alone, as $1,000 were known (by Mr. Morris) to have been collected in one small county; and Mr. A. made a variety of very strong insinuations that there must be fraud somewhere.

Mr. Hubbard expressed surprise at the smallness of the sum, declared it wholly inadequate to the object, and urged that the government should have nothing whatever to do with the subject further than to grant a site for the monument.

stitute of Mr. Smith, of Indiana, as amended, sim-
ply requiring the removal of the present office from
Cincinnati to St. Joseph's, in Michigan, and it was
rejected by the following vote:

For myself, I am free to say, I am in favor of such a bill in its broadest terms. I was a member of the New York legislature when the act of that state passed abolishing imprisonment for debt. There was much difference of opinion then existing on that subject. But, I believe, since the practical operation of the act has been seen and felt, it has become entirely satisfactory to the great body of that community. So it would be in the United States, if congress would adopt the measure. The NAYS-Messrs. Allen, Benton, Brown, Bucha-example of this government, too, would have a tennan, Clay, of Alabaina, Fulton, Grundy, Hubbard, dentency to do away that relic of barbarism in those King, Lyon, Mouton, Nicholas, Norvell, Pierce, states where it still exists.

YEAS-Messrs. Bayard, Calhoun, Clay, of Kentucky, Clayton, Davis, Lumpkin, Morris, Niles, Prentiss, Preston, Roane, Robbins, Ruggles, Sevier, Smith, of Indiana, Strange, Swift, Tipton, White -19.

At this late period in the session I am unwilling to present a bill so broad in its operation as to call forth debate, either upon its general principles, or the detail of its provisions, and thereby defeat its passage at this time. I will, therefore, content myself with a measure which I trust will meet the approbation of all, and which will receive the favorable action of congress before its adjourn ment. I propose that no person shall be imprisoned for debt in any state on process issuing out of a court of the United States, where, by the laws of such state, imprisonment for debt has been abolished. This proposition, I think, cannot be reasonably objected to from any quarter. It will answer the present emergency, and congress can hereafter, with full deliberation, act on the general question of unlimited and unconditional abolishment of imprisonment for debt in all cases within its jurisdiction. I consider it the relic of a barbarous age, unsuited to the times in which we live, and derogatory to the free institutions under which it is tolerated.

I will not detain the senate by any discussion of the general question. I wish merely to call the attention of senators to the precise proposition which I intend to submit at this time.

Several reports from committees were received; among them the following:

By Mr. Roane, from the committee on the District of Columbia, the bill referred to them in relation to the orphans' court of the county of Alexandria, D. C., with an amendment, which was read and agreed to; and the bill, by consent, was ordered to a third reading.

manner of the building and consequent dampness proceedings of the naval court martial held at Gos-
of the cells, the walls of which are plastered upon port on the case of captain William Ramsay, and
stone, they are deemed as yet to be in a very unfit with the subsequent correspondence. Laid on the
situation to be tenanted by individuals whose lives table, and ordered to be printed.
or health are of the least importance to themselves,
to families from whom they may be separated, or
to the community at large. It is but an act of jus
tice to say that the arrangement of two persons in
a cell was dictated by motives of humanity, as be-
ing the best that could be done under existing cir-
cuinstances, the ground tier of cells, from their
excessive dampness, being absolutely untenantable.
From the nature of the laws of our state upon the
subject of imprisonment for debt, the persons thus
confined are strangers, and certainly not a class
who are to be considered as having, on that account,
a diminished claim upon our sympathy, Among
their complaints of severe colds and various rheu-
matic affections resulting from the causes adverted
to, some were of a character such as, being thus
brought to the notice of the proper authorities, we
are persuaded will not fail to receive that imme-
diate and proper attention for which the circum-
stances call."

There is no doubt that the proper authorities will do all in their power, and all that humanity requires, to alleviate the condition of these unfortunate debtors.

Much excitement prevails, and justly prevails, in the city of New York, on this subject. Whilst our own citizens are exempt from imprisonment under the process of our own courts, still they, as well as I would remind the senate that, as appears from strangers and citizens from our states, are incarce. the presentment of the grand jury, "the persons rated under process from the courts of the United thus confined are strangers," citizens of other States. This is a strange anomaly, and ought not states, and all imprisoned under the benign laws of to exist. I am told that the jail in the city of New the United States! Is there a senator here whose York is crowded with unfortunate debtors from blood does not boil with indignation at the very other states, who have been arrested and committed idea that a citizen of his own state should be thus to prison, for want of bail, under the laws of the confined, like a felon, far from his home, beyond United States, and who would have been exempted the reach of friendly sympathy, with perhaps a wife from imprisonment under the law of the state of and children dependent on him for support, and New York. These citizens have gone there on bu- anxiously waiting his return? Is there a serator siness-mercantile business, perhaps; for New here who will, for one moment, consent that the York is the great commercial emporium "where health, and perhaps the life, of that citizen shall be merchants most do congregate." Shall it be tole-sacrificed, or even jeoparded, under the operation rated that the rights of the citizen shall be thus in- of the barbarous code which still prevails in this vaded? The constitution says, "The citizens of government? each state shall be entitled to all the privileges and immunities of citizens in the several states." It may well. be doubted whether, under this clause, the citizens of another state can be imprisoned for debt by process from the courts of the United States, in a state where, by law, imprisonment for debt has been abolished. It is, at least, against the spirit of the constitution. I merely make this sug gestion from first impression, without having bestowed a thought upon it to enable me to go into a constitutional argument. I wish to avoid all such discussions at this time. My proposition does not necessarily lead to them. But, I ask, shall it be tolerated that the laws of the general government shall be used as an engine of oppression, and to supersede the benign and philanthrophic legislation of the states? The process of your courts is abused. It is used to evade and defeat the spirit of the laws of the states. Until all the states adopt this humane principle, there will be difficulties enough, as between themselves, without superadding the oppression of the general government.

"Shut from the common air, and common use
Of their own limbs, how many drink the cup
Of baleful grief, or eat the bitter bread
Of misery!"

If such would be the feelings of every senator,
let him unite with me to wipe this foul blot from
the statute-books of the nation.

Leave was accordingly granted; the bill was introduced, read twice, and referred.

On motion of Messrs. Hubbard and Sevier, committees wore discharged from the further consideration of various private claims.

On motion of Mr. Buchanan, the senate took up the motion of Mr. Williams for leave to introduce a bill to provide for the survey and determination of the northeastern boundary line of the United States according to the provisions of the treaty of 1783.

Mr. Buchanan at much length proceeded to prove, by documents and arguments, that this boundary was well defined, and easy to be ascertained; but he opposed the bill as likely, under existing circumstances, to lead to unnecessary war, though he deBy the law of New York, her citizens are exempt clared himself ready to go to war rather than Maine from imprisonment within her own borders. But should be dismembered. In conclusion, he gave if one of them can seize another in a state where notice that if it should be returned to the senate by imprisonment is not abolished, he can imprison him the committee on foreign relations, and should come there, although by our own laws he would be ex-up for consideration, he would then move for inde. empt at home. This evil can only be corrected by finite postponement. the legislation of the respective states. There are evils, however, which the legislation of congress alone can reach. Notwithstanding the laws of New York exempt her own citizens, yet, if the plaintiff resides in another state, he may imprison the defendant in New York, under process from the courts of the United States. And I am told it is not unusual for a demand to be transferred to a friend in an ad

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Mr. Davis argued and insisted, in reply to Mr. Buchanan, that an order for a survey was in itself, even under the circumstances, no other than a pacific measure. He also at some length adduced additional facts and arguments to those already adduced, to show that the boundary of the treaty was altogether definite and easily found.

Mr. Williams also addressed the senate on the subject, especially in reply to a remark of Mr. Buchanan, that Maine had acted in somewhat of passion, Mr. W. going into the history of the case to show that Maine had acted at least with great coolness and deliberation.

Mr. W. also argued at length in favor of the bill, and further in reply to Mr. Buchanan.

Mr. Clay, of Kentucky, having expressed a desire to speak on the subject,

The senate held an executive session, and then adjourned.

I have merely alluded to these cases by way of illustration, and by way of showing the crying evil under which many of our citizens are now laboring. When I said the jail in New York was crowded with unfortunate debtors, it was no "fancy sketch." The subject has been deemed worthy the presentment of a grand jury of that city. They visited, in a body, the prison, and "were shown a range of twelve cells, of the dimensions of about ten feet by seven each, occupied, as they were informed by the keeper, by twenty-three individuals, or about two to each cell. These cells, originally designed for the occupation of but one person, are obviously not sufficiently well ventilated for the accommoda- The Vice President presented a communication tion of two, particularly during the present extreme from the navy department, in obedience to a senate heat of the weather. In addition to this, from the resolution of the 16th instant, with a copy of the

June 19. After some remarks of Messrs. Morris and Allen, of Ohio, in relation to an article which appeared in the Intelligencer of this morning on the subject of the Washington Monument, and a complimentary notice from Mr. Clay, of Ken. tucky, to the decorum and correctness of that print,

By Mr. Grundy, from the committee on the judiciary, the bill referred to them to abolish imprisonment for debt in certain cases, with an amendment, the design of which was to make the abolition by this bill of imprisonment for debt correspond with its abolition in the respective states where such imprisonment had in whole or in part been abolished; which amendment was read, and the bill taken up for consideration.

After a few explanatory remarks by Mr. Grundy and by Mr. Tallmadge, urging the importance of speedy action on the bill,

On motion of Mr. Clay, of Kentucky, who expressed some doubt as to the practicability of carrying all the provisions of this bill, as it now stood, into effect, and with the assent of Mr. Tallmadge, the bill was laid on the table till to-morrow, and ordered to be printed, with the amendment.

The senate resumed the consideration of the senate bill granting pre-emption rights to settlers on the public lands, as amended by the other housethe question being on a motion of Mr. Young, the effect of which was to disagree to that portion of the other house which excluded from pre-emption lands laid out into town or village lots."

Mr. Lyon offered an amendment to this motion, the effect of which was to exempt from this exclusion such lands as had been purchased by others from those who purchased them originally from the government. This amendment Mr. L. subsequently withdrew.

The bill and the amendment were discussed, passim, by Messrs. Lyon, Robinson, Clay, of Kentucky, Sevier, Young, Prentiss, Morris, Tipton, Hubbard, Smith, of Conn., King, Clay, of Ala., and Bayard.

Mr. Young's amendment, granting (in effect) pre-emption to lands laid out into town and village lots, was rejected by the following vote:

YEAS-Messrs. Buchanan, Calhoun, Grundy, Lumpkin, Mouton, Nicholas, Roane, Robinson, Wall, White, Young-il.

NAYS-Messrs. Allen, Bayard, Benton, Brown, Clay, of Ala., Clay, of Ken., Clayton, Cuthbert, Davis, Fulton, Hubbard, Knight, Lyon, Merrick, Morris, Niles, Norvell, Pierce, Prentiss, Rives, Sevier, Smith, of Conn., Strange, Tipton, Williams, Wright-26.

Mr. Clay, of Kentucky, stated that the effect of one of the amendments of the other house, which had not been noticed by senators, was to subject to the provisions of this bill certain lands which had heretofore been always reserved from pre-emption. These were lands which it was supposed might be covered by valid French or Spanish claims, much of which, being near populous settlements, had now become very valuable. Mr. C. especially specified certain lands of this class in the vicinity of St. Louis, which he said would sell at once for $10 per acre. Mr. C. in conclusion, moved to amend this amendment of the other house, so as to exclude all lands of this class from being subject to preemption under this bill.

This motion was carried in the affirmative, as follows:

YEAS-Messrs. Bayard, Buchanan, Calhoun, Clay, of Ken., Clayton, Crittenden, Davis, King, Knight, McKean, Merrick, Niles, Pierce, Prentiss, Preston, Roane, Robbins, Strange, Swift, Tall. madge, Tipton, Wall, White, Williams-24.

NAYS-Messrs. Allen, Benton, Brown, Clay, of Ala., Fulton, Grundy, Hubbard, Lumpkin, Lyon, Mouton, Nicholas, Norvell, Rives, Robinson, Sevier. Smith, of Conn., Trotter, Wright, Young-19.

The amendment of the other house, as amended by the senate, were then concurred in, yeas 42 nays Mr. Robinson and Young; and the bill with the amendments, was sent back to the other house for

concurrence.

The senate adjourned, after an executive session. June 20. After some unimportant business, on motion of Mr. Grundy, the senate took up the bill to abolish imprisonment for debt in certain cases. The question being on the amendment from the committee on the judiciary, the design of which was to make the operation of this bill correspond with the operation of the laws of the states, respectively, in which imprisonment for debt is in part or wholly abolished.

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