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in the appointment of committees, but that he had strictly conformed to it. But his object was to imbody in a resolution what he thought should be a rule of the House, that the Speaker should select members of committees with regard to their fitness to accomplish the object desired, and should not in any manner regard political parties. It is distinctly known, the fact could not be disguised, that at present, and perhaps from the first establishment of the Government, a very large propor tion of the committees are headed by, and a majority of their members composed of, gentlemen of one political complexion. He had not supposed the Speaker had violated, but had conformed to, this usage. He had, however, an idea, perhaps a vain one, that regard should be had alone to the despatch of business, and the qualifications of gentlemen for particular duties, and not to their political opinions.

I assure you, sir, (continued Mr. R.,) that nothing in your conduct towards me, either in the chair or out of it, has occurred to induce me to inflict a wound upon your feelings.

He would withdraw that resolution, and respectfully ask leave to offer the remaining resolutions in a more condensed form. He hoped the House would permit the question to be taken on them. It might be said it was too late in the session; but it was well known that there had but seldom been an opportunity of offering resolutions during this session, in consequence of the peculiar arrangement of business. During the last Congress a resolution on similar subjects had been introduced as late as the 10th of April, and the committee for investigating the Post Office Department as late as the 26th of June.

He considered one of these resolutions, at least, as of great importance-that touching an investigation of the Land Office; and this duty could not be well performed, except by a committee, well versed in in such matters, that should be appointed to sit in the recess, and visit the offices of the registers and receivers in person.

Mr. GALBRAITH, from the Committee of Claims, reported a bill for the relief of the heirs of James Latham, with an amendment.

Mr. VINTON made some remarks in favor of the amendment, and was replied to by Mr. RIPLEY, who was opposed to its adoption.

Before any question was taken, Mr. WHITTLESEY called for the orders of the day.

Mr. ROBERTSON asked leave to offer the resolu tions presented by him yesterday; which being objected to, he moved a suspension of the rules, and desired the yeas and nays on that motion.

The reading of the resolutions was then called for, and objected to, when Mr. ROBERTSON moved a suspension of the rules to allow of their being read, and called for the yeas and nays on that motion.

Mr. VANDERPOEL moved to lay both motions on the table; which motion, having been ordered to be taken by yeas and nays, was put, and decided in the af. firmative: Yeas 98, nays 75.

Mr. HANNEGAN asked the consent of the House to offer the following resolution:

Resolved, That the second Monday in May, and the three succeeding days, after the hour of 12 o'clock, be set apart for the consideration of the bill to graduate and reduce the price of the public lands, and such other propositions as may be involved in the final settlement of the question, provided so much time as above specified shall be required for the purpose.

Objection being made, Mr. HANNEGAN moved to suspend the rule to enable him to offer his resolution, and asked that it be read for information.

Mr. MERCER said, as a similar request had just been denied his respectable and honorable colleague, [Mr.

[H. OF R.

ROBERTSON,] he must object to the reading of this resolution.

Mr. HANNEGAN did not expect to meet with this captious objection from the gentleman last up. He would, however, not press his proposition at that time.

Mr. WISE rose again to ask the consent of the House (notwithstanding the notice which he said he had given that he would not again press the proposition) to permit him to offer a resolution in reference to the agency &c., connected with the deposites of the public moneys.

Mr. W. read the resolution, and remarked that he understood several gentlemen had voted against its introduction on a former day, on account of the preamble. He had withdrawn the preamble, and he hoped the resolution would be received and adopted without debate.

Objection being made, Mr. WISE moved to suspend the rules to enable him to present the resolution, and asked for the yeas and nays; which were ordered.

Mr. FRENCH moved to lay the motion to suspend the rules on the table.

Mr. WISE asked for the yeas and nays on the latter motion; which were ordered, and were: Yeas 95, nays 82:

YEAS-Messrs. Anthony, Ash, Bean, Boon, Bovee, Buchanan, Burns, Casey, Chaney, Chapin, Cleveland, Coffee, Connor, Craig, Cramer, Cushman, Dickerson, Dromgoole, Dunlap, Efner, Fairfield, Farlin, French, William K. Fuller, Galbraith, Gillet, Glascock, J. Hall, Hamer, Hannegan, Samuel S. Harrison, Albert G. Harrison, Hawkins, Haynes, Henderson, Holsey, Howard, Hubley, Huntington, Huntsman, Ingham, Jabez Jackson, Joseph Johnson, R. M. Johnson, Cave Johnson, Benjamin Jones, Judson, Kennon, Kilgore, Kinnard, Lane, Lawrence, Gideon Lee, Joshua Lee, Thomas Lee, Leonard, Logan, Job Mann, Manning, William Mason, Moses Mason, May, McKim, McL.ene, Moore, Owens, Page, Parker, Patterson, Franklin Pierce, Dutee J. Pearce, Phelps, John Reynolds, Joseph Reynolds, Ripley, Roane, Rogers, Seymour, Shinn, Sickles, Smith, Speight, Sutherland, Taylor, Thomas, John Thomson, Toucey, Turner, Turrill, Vanderpoel, Wagener, Ward, Webster, Weeks, Whittlesey--95.

NAYS-Messrs. Chilton Allan, Heman Allen, Ashley, Bailey, Bell, Bond, Bouldin, Boyd, Bunch, John Calhoon, William B. Calhoun, Cambreleng, Campbell, Carter, George Chambers, Nathaniel H. Claiborne, John F. H. Claiborne, Corwin, Crane, Cushing, Darlington, Doubleday, Evans, Everett, Fry, Philo C. Fuller, James Garland, Rice Garland, Granger, Grantland, Grennell, Griffin, Haley, Hiland Hall, Hard, Hardin, Harper, Hazeltine, Hoar, Hopkins, Howell, Ingersoll, Janes, Jarvis, Jenifer, Henry Johnson, John W. Jones, Lawler, Luke Lea, Lewis, Lincoln, Love, Martin, John Y. Mason, McCarty, McComas, McKennan, Mercer, Milligan, Morgan, Morris, Pettigrew, Peyton, Potts, Reed, Rencher, Robertson, Russell, Augustine H. Shepperd, Shields, Slade, Sloane, Spangler, Standefer, Storer, Taliaferro, Underwood, Vinton, Washington, Lewis Williams, Sherrod Williams, Wise--82. So the motion to suspend the rules was laid on the table.

The orders of the day were then taken up, and the House proceeded to the consideration of such private bills as would not give rise to debate; when several bills were taken up, read a third time, and passed.

The House then resumed the consideration of the bill to authorize a compromise, and to secure to the United States the title to the Pea Patch Island, in the river Del

aware.

Some debate was had on the subject by Mr. HARDIN, and Mr. ROBERTSON, of Virginia, when Mr. PEY. TON took the floor; but, after a short time, gave way,

H. OF R.]

The Public Lands-Deposite Banks-Expurgation of the Journals.

without concluding his remarks, to a motion that the House adjourn.

The House accordingly adjourned.

MONDAY, APRIL 11.

THE PUBLIC LANDS.

The resolutions from the Legislature of Kentucky, directing the Senators and requesting the Representatives of that State to vote for a bill to distribute the revenue arising from sales of public lands among the several States, for the purposes of internal improvement and education, being first in order, were taken up.

Mr. SPEIGHT moved to postpone the consideration of those resolutions, for the purpose of receiving petitions and memorials, and such resolutions as would not give rise to debate.

Mr. GRAVES remarked that he hoped the House would not allow the consideration of any other subject to supersede that of the resolutions of the Kentucky Legis lature, now before it. Only about one hour on each Monday can be devoted to the consideration of them, under the present order of business; and it seemed to him that a subject of such general interest is at least entitled to this small portion of our time. The distribution of the sales of the public lands is a subject in which every State in this Union feels a deep interest, and it ought not to be set aside without some good reason. The object of the gentleman from North Carolina, in suspending the consideration of this subject for the purpose of receiving petitions, may be attained by dispensing with the rules to-morrow for that purpose. And he (Mr. G.) was unable to account why that gentleman had chosen to make his motion to-day, when he knows the effect of it will be to occupy the very small portion of time allotted by the House to this subject, one in which Kentucky has a much greater direct interest than any other upon which this Congress will likely act. I trust, sir, the motion will not prevail.

Mr. CHAPIN suggested to the gentleman from North Carolina a modification, that the House should proceed to receive petitions and resolutions; and afterwards should proceed to the consideration of the resolutions.

Mr. BOON thought that the resolutions involved questions important to be settled, and especially important to the people of the State he represented. He said they could come up but once a week, and he hoped they would be discussed and disposed of without delay.

The question was then taken on postponing the further consideration of the Kentucky resolutions, and decided in the affirmative without a count.

DEPOSITE BANKS.

Mr. WISE offered the following resolution; which was read:

Resolved, That a select committee be appointed, with power to send for persons and papers, to inquire into the agency or mode of selecting the banks of deposite for the public money, and into the contracts with the Treasury Department, by which they are regulated, and into the manner in which, and the persons by whom, such contracts are made; and to inquire whether any, and, if any, what connexion or relation, official or unofficial, exists, or has existed, between a certain Reuben M. Whitney and the Treasury Department of the United States, or between him and the banks of deposite of the public money, and into the extent of his agency generally, in keeping and controlling the public money, and into the amount of his compensation, whether the same be paid out of the public Treasury or by the deposite banks; and that said committee have leave to report by bill or otherwise.

Objections having been made,

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[APRIL 11, 1836.

Mr. WISE moved to suspend the rules for the purpose of enabling him to offer the resolution; and thereupon the yeas and nays were ordered.

The question being taken, the motion was rejected: Yeas 85, nays 82-not two thirds.

Mr. TALIAFERRO having offered a resolution, Mr. WISE objected to its reception, with a view to test the sense of the House in regard to the construction of the order adopted by the House this morning, for the presentation of petitions and resolutions.

The CHAIR stated that he had understood it to be the intention of the House to direct that those resolutions only which were not excepted to should be received, and that the resolution now objected to could not be received, under the order of the House.

Mr. WISE appealed from the decision of the Chair, and some conversation took place on the subject, which was interrupted by the arrival of the hour of one o'clock, when the special order was called for.

Mr. W. moved that the rules be suspended for the purpose of continuing the call of the States for petitions and resolutions giving rise to no debate; which motion was rejected.

On motion of Mr. WEBSTER, the rules were suspended for the purpose of continuing the call of the States for petitions, excluding those which might give rise to debate.

Several petitions and memorials were then presented and referred.

EXPURGATION OF THE JOURNALS.

Mr. JENIFER offered to present certain resolutions passed by the Legislature of Maryland, protesting against the expunction from the journals of the proceedings of either House of Congress.

Mr. THOMAS objected to the reception of the resolutions at this time.

Mr. JENIFER asked for the reading of the resolutions, and he should move that they be printed.

Mr. THOMAS objected to any action on the resolutions to-day, and hoped they would be laid over until Monday next, when, under the rules, they could be de. bated.

Mr. JENIFER said he had hoped that the resolutions would have been presented either by his colleague or one of his friends from the city of Baltimore; he should have been happy to have had the benefit of their advice as to their disposition; but he hoped they would be read, as he discovered a disposition to suppress them entirely.

Mr. THOMAS said he was misunderstood by his colleague. He did not object to the reception of these resolutions on account of their contents, but it was unnecessary to read them. He knew they professed to express the voice of the people of Maryland. Now, whether they attempted to give that voice as to one question or another, he should equally protest against their reception this morning. The House has suspended its rules to receive petitions and such resolutions as will give rise to no debate. Whenever any resolution shall be presented, designed to produce impressions as to the opinions of the people of Maryland, he desired to have an opportunity to show that the Legislature of Maryland ought not to be considered a fair exponent of the popular will. The character of the Government of that State is such, that the majority have been ruled by the minority for years. Under such circumstances, it ill becomes any man to parade before the country resolutions of the Maryland Legislature as evidence that the people of the State are for or against any particular measure of national policy. Let the gentleman present his resolutions on next Monday, or any other day, when the rules of the House do not forbid all explanation or discussion; and then he (Mr. T.) would take care to make

APRIL 12, 1836.]

Anti-slavery Memorial-Territorial Bills.

such explanations as to the organization of the Government of Maryland as would guard against false impressions. He would show that, in consequence of the unjust apportionment of representation, two thirds of the people might be for, and yet two thirds of the Maryland Legislature would be against, any particular measure of national policy. If gentlemen are disposed to do that which is fair, they will not press the presentation of these resolutions now, when all explanations are out of order.

The resolutions were then laid over till Monday next.

ANTI-SLAVERY MEMORIAL.

Mr. SLADE, who stated he was out of his seat when the State of Vermont was called, then rose and presented memorial from Dr. Atley and eighty-five other individuals, representing themselves to be citizens of Philadelphia, against the admission of Arkansas into the Union with a constitution which sanctions the existence of slavery, and prohibits the abolition thereof. Mr. S. moved its reading.

Objections being made to its reading, Mr. SLADE said he claimed that right.

Mr. SPEIGHT inquired whether the petition should not be referred, as a matter of course, to the committee raised under Mr. PINCKNEY's resolution.

The CHAIR had not examined the petition, and could not judge of its character.

Mr. HANNEGAN moved to lay the memorial on the table.

Mr. SLADE insisted upon his right to have the petition read, and he made a motion accordingly.

The CHAIR decided that the petition must first be read, before any question could be put upon it, as the gentleman insisted.

Mr. CUSHMAN moved to lay the motion to read on the table.

The CHAIR pronounced that motion then out of order. Mr. GLASCOCK asked if the petition had been re

ceived.

The CHAIR said the gentleman from Vermont rose in his place to present the petition, and no objection being made at the time, the Chair considered leave had been granted, and thus the petition had been received.

Mr. HANNEGAN then moved to reconsider the motion by which leave had been granted to the member from Vermont to present the petition.

After some remarks from Messrs. SPEIGHT, GLASCOCK, WISE, HANNEGAN, and SLADE,

Mr. SLADE said, if the gentleman from Indiana insisted upon his motion to reconsider, Mr. S. should raise and insist upon the question of order, whether the gentleman could object to the offering or reception of any petition under the order adopted that morning.

Mr. HIESTER asked for the yeas and nays on the motion to reconsider; which were ordered.

Mr. CAMBRELENG inquired if the whole subject ought not to go over until next petition day.

The CHAIR stated that the memorial would be referred, as a matter of course, to the select committee upon the subject of abolition, if the motion to reconsider were not pending. Whereupon,

Mr. HANNEGAN withdrew his motion to reconsider, and

The CHAIR announced that the memorial was referred to that committee.

Mr. SLADE renewed the call for the reading of the memorial.

Mr. LOVE, of New York, raised the question of order, that the pending question on the withdrawal of the motion to reconsider was, that the memorial be read, and that the petition had not been referred.

Mr. SLADE again insisted on the reading.

VOL. XII.-203

[H. OF R.

The CHAIR decided that it would require a vote of the House.

After some remarks by Messrs. TOUCEY, EVERETT, SLADE, and MASON of Virginia, pending the question of order, The House adjourned.

TUESDAY, APRIL 12. TERRITORIAL BILLS.

On motion of Mr. WHITE, of Florida, the rules were suspended for the purpose of enabling him to offer the following resolution:

Resolved, That this House will, from twelve until nine o'clock, on next Wednesday, Thursday, and Friday, consider and dispose of bills relating to the Territories and the citizens thereof, with the exception of the bills for the admission of Michigan and Arkansas into the Union. Mr. THOMAS moved to amend the resolution by adding thereto the following: And that the bill to establish the northern boundary line of the State of Ohio, and to admit Michigan into the Union, on terms therein expressed, and the bill to admit Arkansas into the Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes, shall be the order of the day, and have precedence over all other business, after one o'clock, on Thursday, Friday, and Saturday next, until they are disposed of.

Mr. WISE moved to amend the amendment by providing that, after the above bills are disposed of, the following resolution shall be considered:

Resolved, That a select committee be appointed, with power to send for persons and papers, to inquire into the mode or agency of selecting the banks of deposite for the public money; the contracts with the Treasury Department, by which they are regulated; the manner in which, and the persons by whom, such contracts are or have been made; into all correspondence whatsoever touching contracts for the deposite of the public money; and into all connexion or relation, official or unofficial, which exists, or has existed, between any person or persons and the Treasury Department, or between them and the deposite banks, or any individuals or banks, touching the custody and the control and deposite of the public money; or between any department of the Exec. utive, and any individual or individuals or banks, touching the disbursements of the public money, appropriated or unappropriated by law; and into the amount of compensation of any or all agents whatsoever, official or unofficial, connected with the said Department or said banks, touching the disbursement, safe keeping, or deposite, of the public money; and that said committee have leave to report by bill or otherwise.

Mr. WHITE moved the previous question; which was not seconded.

Mr. WISE called for the yeas and nays on his motion to amend, but they were refused.

The motion was then rejected.

Mr. WHITE accepted, as a modification, the motion to amend offered by the gentleman from Maryland, [Mr. THOMAS.]

Mr. WILLIAMS, of Kentucky, called for the yeas and nays on the adoption of the resolution, as modified, and they were ordered.

On motion of Mr. P. C. FULLER, the resolution was divided; and the question being taken on the first branch of the proposition, setting apart an hour, on Wednesday, Thursday, and Friday, for the consideration of bills relative to the Territories and the citizens thereof, it was decided in the affirmative: Yeas 145, nays 39.

The question being then taken on the remaining part of the proposition, there appeared: Yeas 120, nays 69.

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There not being two thirds voting in the affirmative, the second branch of the resolution was not agreed to. Mr. GALBRAITH moved to reconsider the vote by which the House adopted the first branch of the resolution.

Mr. EVANS moved to lay the motion to reconsider on the table; which motion was lost.

The question was taken on the motion to reconsider, and carried in the affirmative.

Mr. SPEIGHT then moved to lay the resolution on the table, and it was agreed to.

DEPOSITE BANKS.

Mr. OWENS, from the Committee of Ways and Means, reported the following resolution:

[APRIL 12, 1836.

will add, that any amount of these bills which you may hold will be promptly paid on presentment in Philadelphia. "JAMES HUNTER, Agent."

Mr. PEYTON rose to move an amendment to the bill, which would not, in the slightest degree, interfere with the object of the gentleman from New York. The amendment he wished to propose was one of great importance, not only to that House, but to the people of the United States; for it involved nothing less than regulating, by law, the whole treasure of the country. In substance, it was the same resolution he had heretofore attempted to move, changing only the day from the second to the third Monday in May. The resolution was as follows:

Resolved, That the bill reported by the Committee of Ways and Means, entitled "A bill regulating the deposite of the money of the United States in certain local banks," together with any amendments which may be

Resolved, That the bill reported by the Committee of Ways and Means, regulating the deposite of the money of the United States in certain local banks, be made the special order of the day for the first Wednesday in May next, at twelve o'clock, provided the appropriation bills be at that time disposed of; and in case said appropria-offered to the same, be made the special order of the tion bills be not then acted on, then on the day next after their disposition; and that the said bill in relation to the deposite banks have precedence on the first Wednesday in May next, or the day after the disposition of the appropriation bills, and the following days, over all other business, until the same is disposed of.

Mr. WISE moved to amend the resolution, so as to embrace the resolution heretofore indicated by him, and published above.

The CHAIR stated that both the resolution and the motion would lie over.

The hour of one o'clock having arrived, the special order was called for.

Mr. CAMBRELENG moved to take up the bill for the repeal of the 14th section of the charter of the Bank of the United States. He remarked that he had information which showed that there was an urgent necessity for passing this bill.

Mr. DUNLAP objected to the motion, and insisted that the special orders should either be executed or rescinded, so as to disenthral the business of the House from them.

Mr. CAMBRELENG remarked that he had a letter from the cashier of the branch bank at Savannah, stating that he was not authorized to redeem the notes of that branch. Mr. C. said the notes of the branches were now redeemable nowhere but in Philadelphia. He moved a suspension of the rules in order to permit him to offer the motion; and thereupon he asked the yeas and nays; which were ordered.

The question being taken, it was determined in the affirmative: Yeas 135, nays 36.

Mr. CAMBRELENG remarked that a letter had been received from a Government director of the bank, stating that all the branches of the bank were considered at an end, and that the new Bank of the United States issued only the notes of the old bank. He also sent to the Chair a letter from the cashier of the branch bank at Savannah, in which he declines the payment of $27,000 in bills issued by that branch; and stating that he is not authorized to receive the bills of the bank, except by receiving them in payment for debts; and adding that the notes would be paid on presentation in Philadelphia. The following is the letter referred to by Mr. CAM

BRELENG:

"SIR: I have received your letter of this date, asking payment of certain bills of the Bank of the United States, and have in reply to say that the charter of that institution having expired on the 3d of March last, and with it my office of cashier of the branch in this city, I am no longer authorized to redeem the bills of the bank, except by receiving them in payment of debt. I

day, and that it have precedence over all other business of the House, from the hour of twelve o'clock on the third Monday in May next, and on each succeeding day, from the same hour, Fridays and Saturdays excepted, until the same shall be finally disposed of.

The CHAIR said it was not in order to move an amendment fixing a day for the consideration of another subject.

Mr. CHAMBERS, of Pennsylvania, remarked that he would vote for the bill, but from considerations very different from those which influenced the chairman of the Committee of Ways and Means, who reported the bill. He would do it from no hostility to the old Bank of the United States, or to the new bank of that name. He had every confidence in the security of the paper of the bank, and in its prompt payment by the bank at every place where there was a right to present it; he had every confidence in the ability and integrity of those who managed that institution, and belived that its notes were now the best currency in the country. The Gov. ernment might safely receive its notes for all payments to it; for no one can question their security.

Yet he did not entertain the opinion that the notes of the old bank could be forced upon the Government or its agents against their consent, under the 14th section, after the expiration of the charter; and as there was some uncertainty in the public mind on the subject, it was advisable that there should be an expression of an opinion by Congress in repealing the section, by which the bank would be placed, by the legislative sanction, where it now is in his opinion, on an equality with the accredited State banks.

He would not suppose that the Secretary of the Treasury would wantonly interdict their receipt for moneys due the Government. Our citizens have proba bly possessed themselves of the notes of the bank to make their payments for public lands and demands of the Government; and as no man doubts their security, and their credit and convenience as currency, our citizens are not to be incommoded by the officers of the Government, in refusing to receive them from the people for Government debts.

It is not to be intended that, by passing this bill, we discredit or depreciate the notes of that bank, in any particular; they are not prohibited, but are placed on an equality with those of other banks, and are to be dealt with and received as the notes of other banks of good credit.

He hoped that the war upon the bank was not to be continued by this House. We had had enough of it; and in reply to the reasons assigned by the honorable chairman of the Committee of Ways and Means for prompt

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action, he thought there was nothing in them to influence the action of the House. It was said by him that some branches had refused to redeem the notes of branches other than their own. They were never under any obligation, at any time, to redeem such; and as to the case of a Southern branch refusing to pay its notes, and referring the holders for payment to the parent bank at Philadelphia, if it be the fact, it is, I presume, a necessary consequence of the dissolution of the corporation, and the withdrawal of the branches.

He has complained, further, that the present Bank of the United States issues, in the course of its business, the paper of the old bank. In doing this, it does no more than what is and may be done by other State banks that receive, in the course of their business, the notes of the old bank, and which they have a right to do. It is a matter of convenience and interest to those who do business with them, and prefer that paper. The new bank may not have enough of its own paper to meet its business and supply the demand, and must use the notes of other banks for a time. If they had abundance of their own notes, there would be no impropriety in giving out the paper of the old Bank of the United States, which they had received in the course of business, to those who might prefer and desire the paper of the old bank. It is a transaction of business and confidence between the bank and those who do business with it, for convenience, and without injury to the public.

Mr. HARPER said he did not know that his constituents felt any interest in this subject, but he would briefly give his reasons for voting against this bill. If the notes of the Bank of the United States were a legal tender, under a decision of the Supreme Court, then the bank had a right to all the benefit derivable from the 14th section. At the same time, he believed that its repeal would be an advantage to the bank, for the reason that the notes paid under it would be sent, in mass, to the bank for payment.

[H. OF R.

from the passage of this bill, that the notes would be refused at the land offices; but coming events sometimes cast their shadows before them, and he wished that all doubt upon this subject should be avoided.

Mr. PEYTON remarked that while the monster was living, and had power to do mischief, he was one of those most zealous to destroy it. But, after its overthrow and destruction, he did not think it a matter of public importance to keep up a clamor over its remains. Some of those who were a little zealous in the onset upon the living monster, were now waging war upon its harmless rattles, and expressing great alarm at its very trail. But the litter of little monsters, possessing more power to do harm than the old monster ever did, these gentlemen were not at all afraid of. In regard to the proposition before the House, he was in favor of it. No collector should be forced to receive these notes; but, if he was an honest man, he ought to be trusted to receive them, if he thought them good, and reject them, if they were, in his opinion, bad. He ought not to be forced to take them because they were issued by the Bank of the United States. In regard to the Govern. ment hostility to the State Bank of Pennsylvania, he had nothing to say. If the State of Pennsylvania could not sustain her own institutions, let them fall. He would vote for this bill, with a view to leave it discretionary with the collectors and receivers of the public money to take the notes of the United States Bank or not.

He had, however, risen for the purpose of offering as an amendment to this bill the bill now before the House regulating the deposite of the public moneys in certain local banks.

The CHAIR said that bill was now in Committee of the Whole on the state of the Union, and it was not in order to move it as an amendment to, or substitute for, this bill.

Mr. PEYTON then said he would move that this bill be recommitted to the Committee of the Whole, with instructions to report as an amendment to it the bill above referred to.

The CHAIR said that would not be in order. At an earlier part of the day, before the bill under consideration had been taken up, it would have been in order for the gentleman to have moved to discharge the Committee of the Whole from the other bill.

Mr. PEYTON would then make that motion. The CHAIR replied that, pending the consideration of this bill, that motion could not then be made.

Mr. BELL. Does the Chair decide that it is not in order for my colleague to move to recommit this bill with instructions?

Mr. CUSHING said, that when the motion to discharge this bill from the Committee of the Whole was before the House, he had voted against it, because it was a new question, the nature and effect of which there was no opportunity to examine, and no sufficient reason appeared for departing from the usual course of business. His reflection upon the subject had satisfied him it was proper to pass the bill. The Bank of the United States, as a national banking institution, had ceased to exist. The new bank was a State institution, acting under a charter from the State of Pennsylvania. As such, he was not disposed to make war in favor of it, or against it, but to deal with it on precisely the same impartial footing with banks incorporated by Massa. The CHAIR had made no such decision, but had stachusetts or any other State. There was no constituted that it would not be in order to move as an amendtional impediment to the passage of the bill. The re- ment to this bill another bill now in Committee of the ceivability of the notes of the Bank of the United States Whole on the state of the Union. in payment to the United States was no part of the permanent contract between the United States and the subscribers to the bank. Congress is expressly empowered in the charter of the bank to withdraw at will this privilege from its notes. The new bank reissued the notes of the old bank, as it had a right to do. What might be the influence or uses of the new bank in the money market was a point which Congress had no occasion to inquire into in disposing of this bill. For the rest, he did not conceive that it was the duty of any person, or set of persons, in this country, to hold themselves bound in Mezetian bonds to the dead body of the Bank of the United States.

Mr. DENNY said it was due to the holders of the notes that they should have some notice of the repeal of the law making them a legal tender. Those who want to buy land with these notes would be greatly embarrassed if they were refused. It would not follow,

Mr. BELL was not prepared, he said, to acquiesce in that decision.

Mr. PEYTON thought he could, perhaps, obviate the difficulty under which the Chair labored. He then sent to the table a bill pending before the Senate for the "regulation of the deposites of the public money."

The CHAIR stated that his decision covered this motion also, and made a reference to a former decision of the House, which, in his opinion, applied to this case; and he cited the rule of the House, that no proposition of a different nature from the one under consideration should be moved in the form of an amendment.

After some conversation on the point of order between Messrs. WILLIAMS of Kentucky, SPEIGHT, and CAMBRELENG,

Mr. PEYTON varied his motion, so as to render his proposition similar in its nature to the provisions of the bill, and in that way to obviate the objection made by

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