Page images
PDF
EPUB
[blocks in formation]

encroachments of the Executive upon the clear constitutional rights of the Senate. To do the one, or submit to the other, would be equally a breach of that high and sacred trust devolved upon us under the most impressive and solemn sanctions.

[SENATE.

2. An appropriation for constructing a harbor at the mouth of the Saint Joseph's river on lake Michigan, in the Michigan Territory.

3. An appropriation to defray the expense of surveying the obstructions to the navigation of the St. Joseph's All questions of conflict of power between co-ordi-river and its tributaries, as far up as the said streams may nate branches of the Government should be treated with be considered navigable. the greatest caution and the utmost delicacy. Yet, to 4. An appropriation for constructing a harbor at the define the boundary distinctly and satisfactorily is, in mouth of Trevil creek, on lake Michigan, in the State every respect of it, highly desirable. In our political, as of Indiana. in the solar system, when every power is confined to its proper orbit, without tendency to infringe upon any other, order, and beauty, and harmony will be the certain result.

Mr. TIPTON observed that he felt it his duty to call the attention of the Senate to the subject of the resolution during the present session, and it was proper that he should now state the reasons which had induced him to As the Senate can have no ambition to gratify, nor any adopt that course. During the last session a bill passed conceivable motive, in usurping powers not assigned to through all the forms of legislation, in both Houses of Conit by the constitution, so it can never forget, for an in-gress, except that of receiving the signatures of the prestant, the respect and courtesy which are due to the Ex-siding officers of the two Houses, and the approval and ecutive. Even the enemies of the President-personal signature of the President of the United States, making enemies, he trusted, he had none; but the political ene-appropriations for the purpose of constructing a ship canal mies of the President-must always feel a pride in being to connect La Plaisance bay with the waters of the river enabled to regard him, while the First Magistrate, as the Raisin; for surveying the bar at the mouth of the St. first gentleman in the country; and most anxiously de- Joseph's river, in the Michigan Territory, and for surveysire that the whole of his official intercourse with his ing that river; and also for surveying the harbor at the constitutional advisers shall be marked with "high and no-mouth of Trail creek, in the State of Indiana; but, by a ble thought, situate in a heart of courtesy." The spec-mistake of the clerk, whose duty it was to copy bills and tacle could not but be gratifying to the pride of every present them for signatures to the proper officers, that American citizen. The Senate, feeling and appreciating, part of the bill which contained these items of appropriaas he believed, the value of such an example, would, on tion was omitted, and therefore did not become a law. all occasions, be studious to avoid any exhibition of tem-This was owing to the hurry and confusion produced by per or violation of courtesy. the great quantity of business which was thrown upon the

Entertaining the sentiments to which he had adverted, hands of the Secretary and his clerks, as well as upon the he regarded it as of the first importance that the Senate President of the United States. It would be remembershould review its whole proceeding with the most calmed that between ninety and a hundred bills were signed by and dispassionate deliberation; that, if error shall be the President of the United States on the last day of the found, it was honorable, as well as matter of duty, to re- late session: all those bills had been copied by the clerks; tract it instantly and promptly. If, on the contrary, the and he (Mr. T.) was not at all surprised that a few errors review shall add strength to their first impressions, hon-were committed. He was only surprised that there were orable men would perceive that there was no alternative not many more omissions. Indeed, he considered the but to maintain, with dignity and with firmness, the high constitutional rights of the Senate.

He moved to take up the message, and refer it to a select committee, &c.

manner in which the Secretary and his clerks had done their duty was worthy of all praise. When Congress adjourned, and the members returned to their constituents, who were interested with the improvements of the harMr. M. having stated seven as the number of the com- bors and rivers connected with the lakes, they informed mittee, the Senate proceeded to ballot for the committee, the people that appropriations were made for the objects when the following members were elected: Messrs. MAN-mentioned, and would be available in due time; but when GUM, WHITE, FORSYTH, Ewing, BIBB, SOUTHARD, and the laws were published, no such appropriations were found amongst them. This omission, however, was seized Mr. FORSYTH then asked to be excused from serv-upon and urged by men from whom better might have ing on the committee. been expected; and also used, with considerable effect, against a gentleman who was a candidate for a seat in an

RIVES.

Mr. GRUNDY objected. Mr. FORSYTH reminded the Senate of the awkward-other room in that Capitol. ness of the position in which he stood. The gentleman No argument of mine, Mr. T. continued, can be necesfrom North Carolina had made a motion that the Senate sary to convince honorable Senators of the propriety of solemnly re-examine their own decision. He did not wish this appropriation, when they reflect that the Governto re-examine his. The majority of the Senate, who had ment is the principal landholder on the lakes, and that voted for the resolution, might re-examine their proceed- every dollar expended in constructing harbors, improving ing, and determine for themselves. But he had voted rivers, or making roads through the public domains, will against it, and his opinion was unchanged, and, as he be- soon, very soon, be returned to the treasury with interest, lieved, unchangeable. He had no desire to sit in judg- arising from the increased sales of the public lands in the ment on the decisions of others. neighborhood where the proposed improvements are to Mr. BIBB expressed his hope that the Senator from be made. The appropriation asked for, continued Mr. Georgia would not be excused, and the question being T., is but small; and, as it has once met the favorable taken, the Senate refused to excuse him. consideration of both branches of the National Legislature, I cannot entertain a doubt of its again passing without a dissenting voice.

The following resolution, submitted by Mr. TIPTON yesterday, was then taken up.

Resolved, That the Committee on Commerce be instructed to inquire into the expediency of making appropriations for the following objects, viz:

1. An appropriation for constructing a ship channel to connect the waters of the river Raisin with La Plaisance bay, in the Territory of Michigan, under the direction of the War Department.

VOL. X.-4

The resolution was agreed to.
DEPOSITES.

The resolution offered yesterday by Mr. CLAY was then taken up, when Mr. BENTON moved to amend the resolution by adding the following:

"Also, that the Secretary communicate to the Senate

SENATE.]

Removal of the Deposites.

[DEC. 19, 1833.

the monthly statements of the affairs of the Bank of the United States imperiously demanded their removal? May United States for the current year, which have not been the Secretary remove them, without any breach of the heretofore communicated. charter on the part of the bank, whilst the hands of Congress are fast tied, although the bank had broken every stipulation of the charter?

"Also, the entire correspondence between the Secretary of the Treasury and the President of the Bank of the United States for the first half of the year 1819." The amendment was agreed to.

The Secretary appears to have been conscious that this most extraordinary doctrine required all the bolstering Mr. CLAY said that he felt it his duty to submit to the which he could give it; and he has accordingly retreated Senate some explanation of the motives which had in- behind a precedent which he alleges to have been furduced him to ask it to adopt these resolutions. The Sec- nished by Mr. Crawford, one of his predecessors. He retary, in his report concerning the public deposites, had says "this principle," [that is, the absolute, unconditional, labored very hard, through two or three of the first pages and exclusive power of the Secretary over the deposites,] of it, to prove that he possessed the exclusive power to de-"was distinctly asserted by Mr. Crawford." "In a postcide when they should be removed. This power, he script to his letter to the President of the Mechanics' contended, was not restricted to any particular contin- Bank of New York, dated Feb. 13, 1817, he says: The gencies, but "was absolute and unconditional, as far as Secretary of the Treasury will always be disposed to supthe interests of the bank were involved." "It is not ne- port the credit of the State banks, and will invariably cessary," says that officer, "that the deposites should be direct transfers from the deposites of the public money unsafe in order to justify the removal. The authority to in aid of their legitimate exertions to maintain their creremove is not limited to such a contingency. The bank dit."

may be perfectly solvent, and prepared to meet promptly The Secretary alludes to other passages in the correall demands upon it; it may have been faithful in the per-spondence of Mr. Crawford with the banks about the formance of all its duties, and yet the public interest may period of the 13th February, 1817.

require the deposites to be withdrawn; and, as that can Now, Mr. President, what must be your surprise, when not be done without the action of this department, the I state that Mr. Crawford never, in the correspondence Secretary of the Treasury would betray the trust confided referred to, distinctly asserted any such principle as his to him if he did not cause the deposites to be made else- successor attributes to him? never did claim for himself, where, whenever the change would advance the public on that occasion, any such extraordinary and exclusive interest or the public convenience. The safety of the deposites, the ability of the bank to meet its engagements, its fidelity in the performance of its obligations, are only a part of the considerations by which his judg ment must be guided. The general interest and convenience of the people must regulate his conduct."

power over the deposites? and that his correspondence was conducted under an authority totally different from that contained in the bank charter?

It will be recollected that, when the Bank of the United States was incorporated, a general suspension of specie payments prevailed throughout the United States, with Here is the assumption of a power analogous to the old the exception of New England. The taxes and duties exploded doctrine of the general welfare, in a most odious were paid in depreciated paper, of which the million and form. According to that doctrine, it was claimed by cer- a half (a sum equal to the bonus paid by the Bank of the tain federalists of 1798-99 that the constitution vested in United States) of unavailable funds, now annually reCongress power to legislate on all subjects for the general ported by the treasury, is a part. To produce a restorawelfare. But, according to the new version of the heresy, tion of a sound currency was the main object in establisha Secretary of the Treasury, a subordinate officer of the ing that bank. About that period a convention of repreGovernment, the creature of Congress, arrogates to him-sentatives from the State banks was held, and some were, self a power to administer the duties of his office, and to and others were not, willing to resume specie payments. regulate the currency of the country, in conformity with It was feared by Congress that the bank alone might not his sense of the general interest and convenience of the prove competent to produce the desired effect. An auxpeople! And, at the very moment of setting up this enor-iliary measure was deemed necessary; and that was adoptmous pretension, he denies any such power to Congress! ed in the following resolution, which passed on the 30th But this is not all. This modern doctrine assumes for April, 1816:

[ocr errors]

the Secretary not only a power equivalent to its ancient Resolved, &c., That the Secretary of the Treasury prototype, but it demands that it be respected as absolute be, and he hereby is, required and directed to adopt such and unconditional, and exclusive even of Congress. measures as he may deem necessary to cause, as soon as "For," to quote the language of the Secretary, "al- may be, all duties, taxes, debts, or sums of money, accruthough Congress should be satisfied that the public money ing or becoming payable to the United States, to be colwas not safe in the care of the bank, or should be convinced that the interests of the people of the United States imperiously demanded the removal, yet the passage of a law directing it to be done would be a breach of the agreement into which they have entered."

lected and paid in the legal currency of the United States, or treasury notes, or notes of the Bank of the United States, as by law provided and declared, or in notes of banks which are payable and paid on demand in the legal currency of the United States; and that, from and after the Is this possible? Can it be true that an official being, 20th day of February next, no such duties, taxes, debts, brought into existence by the will of Congress, having no or sums of money accruing or becoming payable to the authority and charged with no duties but such as that United States, as aforesaid, ought to be collected or rewill has conferred, has more power than its creator? Can ceived otherwise than in the legal currency of the United it be true that the agent may do what the principal cannot States, or treasury notes, or notes of the Bank of the do? Can it be true that the Secretary, representing one United States, or in notes of banks which are payable of the parties to a contract, without a violation of a single and paid on demand in the said legal currency of the stipulation of that contract by the other party, may, upon United States."

a general notion of public interest or convenience, violate, The letter of Mr. Crawford, the postscript of which at his pleasure, the most essential stipulation of the whole the Secretary has communicated to Congress, bears date contract for that other party? May he do that, whilst the 13th of February, 1817, only one week before the Congress is restrained from ordering a removal of the day fixed for the resumption of specie payments by the deposites, under any circumstances, even if the bank had resolution to which he had called the attention of the failed to fulfil all the provisions of the charter, and the de- Senate. That letter, beyond all doubt, was written unposites were unsafe, and the interests of the people of the der the authority contained in that resolution. What,

[blocks in formation]

then, must be thought of the official candor and honor of the Secretary of the Treasury, who has endeavored to palm upon Congress and the country the authority of Mr. Crawford for the enormous power which the Secretary assumes under the charter, when Mr. Crawford was acting under a resolution which, having produced its object, has long since expired?

The object of the first resolution, submitted by him (Mr. C.) yesterday, is to obtain an entire copy of the correspondence of Mr. Crawford. The second resolution carries its own explanation.

MONDAY, DECEMBER 23.

STEAMBOAT ACCIDENTS.

[SENATE.

The following resolution, offered by Mr. WEBSTER on Thursday, was taken up for consideration: Resolved, That the Committee on Naval Affairs be instructed to inquire into the expediency of passing a law for preventing, as far as may be, accidents to vessels employed on the foreign or coastwise commerce of the United States, from explosion by steam.

Mr. WEBSTER addressed the Senate. It was, he beMr. C. begged permission to trespass a few moments lieved, the general expectation of the country that Conlonger on the Senate, to make a statement concerning him-gress would take up the subject to which this resolution self personally. He had heard that one high in office had referred. The history of the last two or three years, said allowed himself to assert that a dishonorable connexion Mr. W., exhibits a vast amount of property, and a starthad subsisted between him (Mr. C.) and the Bank of the ling list of human lives, lost by the explosion of the boilers United States. When the present charter was granted, and flues of steamboats. These frequent occurrences he voted for it; and, having done so, he did not feel him- have occasioned the existence of so much fear and terror, self at liberty to subscribe, and he did not subscribe, for a as to be a serious diminution of the convenience and comsingle share in the stock of the bank, although he confi. fort of that mode of conveyance. At present the whole dently anticipated a great rise in the value of the stock. subject is without any regulation whatever, by public auA few years afterwards, during the presidency of Mr. thority; and no authority but that of Congress seems comJones, it was thought, by some of his friends at Philadel-petent to establish proper regulations. Of the power of phia, expedient to make him (Mr. C.) a director of the Congress there can be no doubt. Steamboats are, gene

Bank of the United States; and he was made a director rally, licensed vessels, and they engage extensively in the without any consultation with him. For that purpose five coast wise commerce of the country. They may be regisshares were purchased for him, by a friend, for which he tered vessels also, and may engage in its foreign com(Mr. C.) afterwards paid. When he ceased to be a di-merce. On the same ground that laws of Congress regurector, a short time subsequently, he disposed of those late the number of passengers in merchant vessels, and shares. He does not now own, and has not for many make it necessary that such vessels should have medicine years been the proprietor of, a single share. chests for the preservation of the lives and health of perWhen Mr. Cheves was appointed president of the sons on board, with divers other provisions for the same or bank, its affairs in the States of Kentucky and Ohio were similar objects, it is plainly in the power of Congress to in great disorder; and his (Mr. C.'s) professional services adopt any regulations for the government of steam vessels, were engaged during several years for the bank in those which security to life and property may appear to require. States. He brought a vast number of suits, and transacted It is with Congress to make these regulations, or they a great amount of professional business for the bank. cannot be effectually made at all. Among other suits was that for the recovery of the one It is the general opinion, I believe, not only of practical hundred thousand dollars, seized under the authority of a engineers, but of the public also, that nearly all these accilaw of Ohio, which he carried through the inferior and dents have arisen from negligence, and some of them from supreme courts. He was paid by the bank the usual com- a very highly criminal degree of negligence. Indeed, it pensation for these services, and no more. And he ven- may be well doubted whether a still more positive criminal tured to assert that no professional fees were ever more offence has not, in some instances, occasioned the disaster. honestly and fairly earned. He had not, however, been Steamboat racing, for example, a practice by which the the counsel for the bank for upwards of eight years past. lives of hundreds of persons are put into imminent danger, He does not owe the bank, or any one of its branches, a without the slightest knowledge, on their part, of the exsolitary cent. About twelve or fifteen years ago, owing istence of any such cause of danger, is such a wanton, to the failure of a highly estimable (now deceased) friend, intentional, and reckless exposure of human life, as that it a large amount of debt had been, as his endorser, thrown may well be regarded as a higher offence than even exupon him, (Mr. C.,) and it was principally due to the treme negligence. But negligence itself is criminal, highBank of the United States. He (Mr. C.) established for ly criminal, where such effects to life and property follow himself a rigid economy, a sinking fund, and worked from it. Those who carry passengers for hire, by means hard, and paid off the debt long since, without receiving of such a mighty agent as steam-an agent so useful and from the bank the slightest favor. Whilst others around powerful when kept under proper management, and so him were discharging their debts in property, at high destructive when it is allowed to overcome its just revaluations, he periodically renewed his note, paying the straints--are bound in duty, and should be bound by law, discount, until it was wholly extinguished. to apply to their business the strictest attention, and the Such was a true account of his connexion with that in- utmost degree of diligence. stitution, and he defied its disproof in any particular. He hoped that the resolution would be adopted. Mr. FORSYTH reminded the Senator from Kentucky that the letter of February, 1817, which was called for by his resolution, was already among the public documents of the Senate.

Mr. CLAY stated his desire to have the whole of the correspondence at one view.

Mr. FORSYTH then briefly defended the Secretary of the Treasury from what he conceived a premature sentence pronounced upon him by the Senator from Kentucky.

Mr. CLAY explained what he had said.
The resolution was then agreed to.
Adjourned to Monday.

I am not prepared to say, definitely, what legal provisions it may be proper to adopt. It will be the business of the committee to consider and arrange such provisions. They will have the benefit of the legislation of other countries on the same subject, and may readily command the assistance of whatever skill and experience our own coun. try affords, in aid of their labors.

Some general ideas upon the proper remedy, however, have occurred to me, which I will suggest for consideration.

The law, as it seems to me, might be of a two-fold character. It might prescribe certain regulations, the viola. tion of which, whether accidents happened in consequence or not, should incur a penalty; and might further provide, that, in case of accident, although all prescribed

SENATE.]

Steamboat Accidents.

[DEC. 23, 1833.

regulations should have been previously complied with, or for any stakes, whether it be between boat and boat, yet, if the accident happened from culpable negligence both or either having passengers on board, or whether at the moment, that negligence should be severely pun- the wager be on any boat, with passengers on board, runished. As to previous and prescribed regulations, the first ning against time, shall be punished, with forfeiture of and most important, doubtless, should be, that every boil- the boat, and severe personal penalties on those concerner, intended for a steamboat, should be tried and proved ed, whether any accident happen from such racing or by some public authority, and restrained, in its future use, not. to one-third, or at most one-half, the degree of pressure or tension which it should have been proved to be capable of bearing. A safety valve, out of the reach of the firemen, a proper apparatus to show at all times the level of the water, and also the intensity or height of the steam, and this apparatus so arranged as that its indications may be seen from without, are among the preventive remedies to which the attention of the committee will probably be called.

This, sir, is a rough sketch of those enactments which, I think, may deserve the consideration of the committee. Others, and perhaps better than these, will doubtless occur to the members of the committee. I have the fullest confidence that it is in the power of Congress to put an end, in a very great degree, to these disastrous occurrences. I believe that a wise and efficient law, such as may be easily framed and put in practice, would prevent three-fourths of them. At any rate, I trust we shall meet But I look with more confidence of beneficial results the public expectation, and try the experiment. from certain other provisions, which I trust will receive There are, sir, one or two other subjects belonging to the consideration of the committee. Fully believing that the safe navigation of steamboats, though not immediately these accidents generally result from negligence, at the connected with the explosion of steam, which the com time, by those who have the charge of the engine, penal-mittee will probably think worthy of attention. The first ties, I think, ought to be enacted against such negligence, is, the collision of these vessels. It has happened more and legal means provided, by which, when lives are lost than once that steamboats have run foul of each other, by such occurrences, an immediate inquisition, investiga- not by means of darkness, or fog, but simply because the tion, and trial, should be secured, and the culpable negli- one did not know on which side the other meant to pass. gence, if there be such, adequately punished. And, in Something like a law of the road, by which each should the first place, I think the boat itself should be made sub- know on which hand to keep her course, with the obliject to forfeiture, whenever lives were lost through the gation of being well lighted at night, would probably negligence of those conducting it. There is nothing un- prevent some of these occurrences. reasonable in this; analogous provisions exist in other The other subject is the carrying gunpowder, in large cases. The master of a merchant ship, for instance, may quantities, in boats having passengers. As there are forfeit the ship by a violation of law, however innocent boats used exclusively for freight, there can hardly be a the owners may be, even though that law be only a com- necessity of transporting gunpowder in passenger boats. mon regulation of trade and customs. There is at least This transportation in such boats augments the danger, quite as much reason for saying that whoever builds or and, when known, still more augments the terror of the buys a steamboat, and proposes to carry passengers there- passengers. And it is probably in consequence of this, in for hire, shall be answerable to the amount of the value and because some captains on that account are not willing of the boat, for the sobriety, diligence, and attention of to receive gunpowder on board, that the article is somethose whom he appoints his agents to navigate it, as there times shipped in disguise, the boxes being marked as is, in revenue cases, to impose such liability for smug-containing other goods. This highly objectionable and gling, or illegal landing of goods. To enforce this lia- criminal practice ought to be severely punished. bility, I should propose, that whenever an explosion takes Mr. BENTON then rose, and said that he entirely place, causing the loss of the lives of passengers, the agreed in the justice of the views which had been thrown boat should be immediately seized by the collector of the out by the Senator from Massachusetts. He was fully district, and the persons navigating her detained for ex- aware of the injury which had resulted to the community amination; a trial should be had, and, unless it should ap- from the accidents which had occurred in the steamboat pear, on such trial, that all legal requirements had been navigation, estimating (if he was heard correctly) the previously complied with, and were observed at the time, number of persons injured by these accidents at four or and, further, that the accident was one which no degree five thousand. He stated that he was in New Orleans at of attention could have foreseen or prevented, the boat the time of the explosion of the steamboat on the Red should be forfeited, and the persons having charge at the river, which had caused the loss of an honorable member time should be punished. It is no unreasonable hardship, of that body, and he had been assured that there was a in such cases, to throw the burden of proof on those who quantity of gunpowder among the cargo on board. It are intrusted with the navigation and management of the had been stated to him, as a practice, that powder was boat. They should be able to make out a clear case of frequently taken on board these boats, put up and markactual attention, skill, and vigilance, or else forfeiture ed as coffee; and he adverted to an instance in which ought to follow. It is a very high trust to have charge some hogsheads, which had been shipped under a differof that which is so potent to destroy life, and which, when ent designation, had been discovered, at the end of the negligently treated, is so likely to destroy it. Of course, voyage, to contain kegs of gunpowder. But there was all unnecessary delay, expense, or trouble, should be another class of offences perpetrated on board the steamavoided. The property seized might be restored, on boats on the Western waters, to which he desired to call bonds, as in other cases of seizure, pending preparation the attention of the Senate, namely, the assaults, batteand trial; and every indulgence allowed, in the forms and ries, and homicides, which had become of such frequent modes of proceeding, compatible with the great end of occurrence. Crimes of this character were committed; an immediate investigation and a prompt decision. the boat passed rapidly on from the point; a man per

It is evident that, for many reasons, a judicial investi-haps was killed, and nothing more was heard of it. gation will seldom be had, in these cases, unless it be in- He had not risen to throw any obstruction in the way stituted by public authority; and I do not think any pro- of this resolution, or against a reference of it to some comvisions will be adequate which do not secure such investi-mittee, because the resolution had his most hearty concurgation, whenever the loss of life happens.

As to steamboat racing, it is an enormity that demands no tolerance. Doubtless, the committee will see the propriety of providing that all such racing, on any wager,

rence. But he had thought that, instead of the Committee on Naval Affairs, it ought to be sent to the Committee on the Judiciary. The question would necessarily involve points connected with the jurisdiction of the States them

DEC. 24, 26, 1833.]

Force Bill.--Amendment of the Constitution.--Removal of the Deposites.

[SENATE.

selves over the public waters within their limits. That Crawford as necessary to a full elucidation of the subject, was a subject which he thought would be more properly he was compelled to make a further postponement. examined by the Judiciary Committee than by any other. Mr. FORSYTH said he thought the Senator from KenThese Western waters were to be found in the back tucky would find all he required in the printed docucreeks running up to the heads of streams, and through ments, and adverted to the great space covered by the farms and plantations, and were, therefore, properly to call as an excuse for the delay in furnishing the inbe regarded as private waters. formation.

He had another word to add. Notwithstanding all Mr. CLAY stated that he had looked through a great which had been said on the subject of the calamities in deal of the correspondence which was printed, without the Western steamboats, he was very well assured, from finding any passages to bear out the constructions of the an experience of twelve years, during which he had been Secretary. On the contrary, he had found much bearing in the regular practice of travelling on all these waters, a totally opposite construction; and he thought it but fair that the captains of the Western steamboats were men of that the Secretary should have an opportunity to cominuhigh professional character and of great skill. There nicate the letters to which he had referred. He wished were doubtless exceptions to this general character, but to proceed to-morrow, or Christmas day, if the informahe had thought it right to make this statement in favor of tion should be furnished; but as the Senate would not sit that highly respectable body of individuals. During on Christmas day, he would fix on the day after Christmas. twelve years that he had travelled these waters, he had The order to postpone until Thursday was then agreed witnessed no accident; a result which he did not attribute to; and the Senate adjourned. to chance, but to the character of the captains, as it had been his practice never to trust himself on board one of these boats, of which the captain was not either well known to him, or whose reputation for skill and discretion was not established.

He con

TUESDAY, DECEMBER 24.

Mr. KENT, pursuant to notice, asked and obtained leave to introduce the following joint resolution; which was read a first time, ordered to a second reading, and directed to be printed:

Mr. WEBSTER replied that the regulations proposed by him would apply to all boats navigating on the coast and in the rivers of the United States, carrying persons the United States of America in Congress assembled, twoResolved, by the Senate and House of Representatives of and goods, being licensed in the usual manner. templated no interference with State authority; but simply thirds of both Houses concurring, That the following artito provide that, while navigating on the waters of the cle be proposed to the Legislatures of the several States, United States, and while engaged in any part of the com- as an amendment to the constitution of the United States, merce of the United States, all steamboats should be sub- which, when ratified by three-fourths of the said Legislaject to regulations by Congress. tures, shall be valid as part of the constitution:

Mr. BENTON then moved to amend the resolution by striking out the words "naval affairs," and inserting "the judiciary."

When a bill, which having passed the Senate and House of Representatives, shall be returned by the President of the United States, with his objections, and, upon The amendment was negatived, and the original reso-elected to each House shall again pass such bill, notwiththe reconsideration thereof, a majority of all the members lution was then agreed to.

THE FORCE BILL.

The CHAIR then called the special order, viz: The bill to repeal the "act to provide further for the collection of the duties on imports."

Mr. CALHOUN rose, and moved to postpone the consideration of the bill until Monday, the 6th of January, and to make it the special order for that day.

Mr. FORSYTH said he understood that it was the intention of the Senator from South Carolina to press this bill through the Senate without going through a committee. In that case, it was his wish that the Senator from South Carolina would lay before the Senate a copy of the ordinance of the State of South Carolina relating to the bill before the Senate.

Mr. CALHOUN replied that he had not the document.
The motion to postpone was then agreed to.
PUBLIC DEPOSITES.

The CHAIR having called the second special order, being the report of the Secretary of the Treasury on the subject of the public deposites,

standing the objections of the President, it shall become a law; and the requisition of two-thirds in such case, according to the existing constitution, is revoked.

A joint resolution was received from the House of Representatives to adjourn until Monday.

Mr. KANE moved to concur in this resolution.

Mr. CLAY opposed the motion, urging, as a reason, the distressed condition of the country, and the necessity of prompt legislation, in order to relieve the public distresses.

The question was then taken on the motion to concur,
and decided in the negative. Yeas 17, nays 18.
After disposing of a number of petitions, &c.,
Adjourned to Thursday.

THURSDAY, DECEMBER 26.

REMOVAL OF THE DEPOSITES.

The CHAIR having announced the special order of the day, being the report of the Secretary of the Treasury on the subject of the removal of the public deposites from the Bank of the United States,

Mr. CLAY rose, and expressed his regret that he was under the necessity of asking a postponement of a subject Mr. CLAY rose, and offered the following resolutions: on which the unexampled pressure upon the pecuniary 1. Resolved, That, by dismissing the late Secretary of interests of the country rendered prompt action and the Treasury because he would not, contrary to his sense early decision so important. He had made a call last of his own duty, remove the money of the United States week for some papers, which he considered to be indis- in deposite with the Bank of the United States and its pensable; and he had hoped that the information asked branches, in conformity with the President's opinion; and for then, and under a previous call, would have been fur- by appointing his successor to effect such removal, which nished before to-day, especially as the documents had has been done, the President has assumed the exercise of been commented on by the Secretary of the Treasury, a power over the treasury of the United States, not grantand must, therefore, be in his possession. The informa-ed to him by the constitution and laws, and dangerous to tion, however, had not yet reached the Senate, although the liberties of the people.

the road from the department to the Capitol had been so 2. Resolved, That the reasons assigned by the Secretary much improved. Regarding the correspondence of Mr. of the Treasury for the removal of the money of the

« PreviousContinue »