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purpose of considering bills referred to the commit

tee of the whole on the state of the union."

breeze.

he would not press his own. Mr. Cambreleng then | W. Wyman, went to sea from Hampton roads on Sun--the average whig majority there is something higher moved the following resolution, (being the same he day morning last, soon after sunrise, with a leading than we have placed it. [New Yorker. offered un-uccessfully on Monday:) U. S. circuit court. This court was engaged yester The United States steam frigate Fulton, capt. M. C. day, without a trial, respecting some woollen goods of "Resolved, That the rules be suspended for the Perry, arrived at Norfolk, from New York, on Mon- which much has of late been said in the papers. The day afternoon. She left New York on the 2d instant, present action is brought against three cases of woollen severe gale, whence she left on Sunday afternoon, States, by the district attorney, alleges are forfeited, as and put into the Delaware break-water on account of a goods, claimed by Wm. Downes, but which the United making her run to Norfolk in 21 hours, notwithstand they were knowingly and intentionally much undering her progress was much impeded by a s. w. wind rated in the invoice, thereby intending to lessen the and a heavy sea. She left Norfolk on Wednesday, duties upon them. As the trial is not yet concluded, and arrived at the Washington navy yard yesterday we refrain from giving the evidence on either side, but (Friday) evening. on its termination, if deemed of sufficient importance, we shall present to our readers a full report.

Before the question on this motion was put, Mr. Graves said he was very desirous of being heard; but the chair pronounced it at present not to be in order to hear him. The Speaker having stated the question, before a vote was taken on it, Mr. Graves moved a call of the house, and demanded the yeas and nays on that motion-he explained by saying that he did so with a view of ascertaining what was the actual sense of the whole house in reference to the printing of the evidence taken by the committee. He had again and again been charged with a wish to suppress that evidence. The charge was unfounded, and did him great injustice. He had always been desirous that the whole evidence should appear: and that though he did not think that the report of the committee should be received and printed in its present form, he had rather the whole should go out as it was, than that the house should fail to print the testimony. The question being put, the house ordered the call-yeas 102, nays 75. The roll was then called; but before it had been called through, Mr. Cambreleng moved that the call be suspended, which was agreed to. Mr. Cambreleng, expressing his hope that the house would dispose of the subject this day, withdrew his resolution to suspend the rules; and the house went on to further consider the reports from the select committee on duelling, &c.

The debate on this subject was resumed, and continued by Messrs. Underwood, Mercer, Reed,

and Thomas, who concluded his remarks with a

motion to lay the whole subject on the table, and print the reports, evidence, and journal of the committee. Mr. Jenifer demanded a division of the question. Mr. Thomas asked for the yeas and navs. Ordered.

The first division of the motion of Mr. Thomas (to lay on the table) was then decided in the affirnative by the following vote-yeas 102, nays 79. Mr. Petrikin demanded the previous question on the motion to print.

Mr. Rice Garland moved to reconsider the vote, whereby the first branch of the motion of Mr. Thomas had been carried; and on this motion he asked the yeas and nays. Mr. Thomas raised a point

of order.

The Chair decided that, by the 44th rule of the house, the notion to reconsider would have precedence in ordinary cases. But this was but half a question, and to it that rule was not applicable.

Capt. Marryatt's toast. Capt. Marryatt, the novelist,
at the St. George's dinner, recently given at Toronto,
offered the folowing toast:
"Capt. Drew and his brave comrades who cut out the
Caroline."

[New York Courier

last age, died yesterday afternoon, at the great age of 94, Mr. Thomas Bradford. This venerable relic of the and his funeral will proceed from the house of his son, The achievement thus signalized by capt. Marryatt Mr. Thomas Bradford, in Sansom street, to-day, at was one of the most base and cowardly that happened 11 o'clock A. M. Mr. Bradford entered upon the proon the frontier during the recent insurrectionary move- fession of an editor in 1763, the year signalized by the ments: and the man who could magnify the actors in peace of Paris, which terminated that bloody war called it into heroes, is only fit to be associated with robbers The Old French War" in this country, and "The Se of hen roosts and sackers of dairies. There is, how-ven Years' War" in Europe. During our revolution, he ever, an air of inalignancy in the sentiment, which, in the present state of that unfortunate affair, indicates more of hatred towards us as a people, than a lack of high and chivalrous principles of honor.

[ED. REGISTER.

at New Haven on Wednesday the 2d inst. Wm. W.
Connecticut. The legislature of Connecticut convened
Bordman, whig, was elected speaker of the house by
a majority of 106 votes over all others. Chauncey F.
Cleveland, the adm. candidate, who was speaker
last year, received 37 votes, and there were three scat-
tering. Total, 146. The joint committee appointed
to canvass the return of votes for state officers, repor
ted that the whole number of votes returned for gover-
nor, is 50,101; of which W. W. Ellsworth has 27,115;
for It. governor 50,063-of which Charles Hawley has
7,976, for secretary 49,817, of which Royal R.
Hinman has 23,377-for treasurer 49,911; of which
Hiram Rider has 26,720; for comptroller 49,987; of which
Henry Kilbourn has 21,466-with a resoluuon declar-
ing the above officers legally elected..

Rhode Island. The legislature of Rhode Island also
convened at Newport on Wednesday the 2d inst. The
hon. George Curtis, (w.) was re-elected speaker of the
house without opposition. The official returns of votes
for governor give Wm. Sprague (w.) 3984; Francis, V. B.
3501; scattering, 99. Sprague's plurality over Francis,
430. His majority over all others, 381. For lt. governor,
Childs, (w.) received 4133 votes; Thurston, V. B. 3461;
scattering, 15. Childs' majority, 662. The average
the senators, 10 in number, are whigs. The house
whig majority for senators is 872 nd a fraction. All
consists of 72 members, 45 of whom are whigs, and
27 loco focos. Whig majority in the house 18; in joint
ballot, adding the lieut. governor, who presides over
the senate, 29. Last year, says the Providence Journal,
there was a majority of 41 the other way.

was commissary general of the Pennsylvania division, and printer to the continental congress. The first was a very important public trust, and proves the high esti mation in which he was held for integrity and knowledge of business. The second shows that he was fathat ever assembled for the good of mankind. We vorably known to one of the worthiest bodies of men presume that just before his death, he was the oldest member of the editorial corps in this country, and perhaps the only person then living, in any manner directly connected with the body of men that signed the declaration of independence.

[Public Ledger.

The Moselle. The Louisville Journal contains the

following paragraph respecting the mad ambition of
capt. Perin, to which is justly attributable the late me-
lancholy accident, and the loss of life attendant on it:
to be attributed to the overweening anxiety of capt.
There is no doubt, that the deplorable occurrence is
Perin to gain for his boat the reputation of unrivalled
speed. We have always had the kindest feelings for
capt. P. and when, a few weeks ago, he made a swift
trip to this city from above, we cheerfully, in compliance
with his request, took notice of the fact. From Louis-
ville he made an extraordinary passage to St. Louis,
whence he wrote as by express mail, requesting that
we would again proclaim his matchless speed, and say
that his boat was and would be "the eagle of the wa
ters." We declined to comply with this second request
for we saw that his ambition was already roused to a
the world.
most dangerous pitch. The dreadful result is before

The ship Science arrived at Portland, Maine, last week, from a whaling voyage of four years. Her appearance created as great a sensation among the good people of Portland as that of the steam ship from England did at New York. She has brought home a cargo of 2200 barrels of oil. Four of her crew are natives of the Sandwich Islands.

After some incidental remarks, concluding in no The elections of 1836, 1837, and 1833. Since Mr. motion, Mr. Rice Garland withdrew his motion to Van Buren's inauguration as president on the 4th of reconder, and followed that withdrawn by moving March, 1337, there have been general elections in that there be a call of the house; upon which motion twenty-one of the twenty-six states which composes Neptune from Charleston in 61 hours gives us an idea Astonishing despatch in travelling. The arrival of the be asked the yeas and nays, which were ordered; the federal union-Maryland, Mississippi, Michigan, of the possible and actual rapidity of travelling in this and the motion that there be a call of the house was elections each-Rhode Island three. Virginia held an/country. She left Charleston after the arrival of the New Hampshire, and Connecticut, have held two election last April, but the result was such that it could rail road cars from Augusta. Passengers may have not be presented in a tabular form; which is of little started from Augusta on Saturday morning at 6 o'clock, sequence-it indicates no change of opinion from and coming in the Neptune to New York, could arrive the presidential contest. The same of Ohio. The in Boston on Wednesday, having ten hours to spare in states of Delaware, South Carolina, Louisiana, Mis- New York, making the whole distance from Augusta souri, and Illinois, have held no general election since to Boston, (more than a thousand miles,) in about 89 1836. The following table presents the vote of all the hours running time, and 73 hours from Augusta to New states which have held elections since 1836-the right [N. Y. American. hand columns giving the vote at the last state election; the left, that of the presidential contest-November, 1936:

decided as follows-Yeas 64, nays 123. So the call
was refused.
Some inquiries were then presented to the chair
by Messrs. Slade and Graves, as to the divisibility
of the question; to which the chair replied, that that
would be a proper subject of inquiry after the house
had decided whether the main question should be put.
The house having decided that the main question
should now be put-Mr. Briggs asked that the mo-
tion to print be divided; and the first question was
on the printing of the three reports of the commit-
tee; which was decided in the affirmative by the
following vote-yeas 123, nays 74.

STATES.

Maine,
New Hampshire,
Vermont,
Massachusetts,
Rhode Island,
Connecticut
New York,
New Jersey,
Pennsylvania,
North Carolina,
Maryland,
Georgia,

1836.

1837-8.

Adminis Opposi- Adminis- Opposi

tration. tion.
22,900 15 229
18,722 6.223
14,039 20,930
33,237 41,099

2,964 2,710
19,234 18,719
166,815 138 543
25,592 26,137

The question was then taken upon printing the evidence and journal, and decided in the affirmative by the following vote-yeas 189, nays 4. Mr. Boon rose and said that "the dear people" had been much talked of during this debate. The Speaker said there was no proposition before the house. Mr. Boon remarked that he was about to make one; if in order, he hoped it would be adopted; if not in order, "the dear people" would have the benefit of the motion. The Speaker said it would not be in order to proceed, until the gentleman from Indiana should have presented his proposition. Kentucky, Mr. Boon then moved to print 20,000 extra copies Indiana, of the majority report and the evidence for the Tennessee, benefit of "the dear people" of this country. The Alabama, Speaker decided this motion to be out of order, Mississippi, in the present position of the question. Reports Arkansas, from the committees, severally, of manufactures Total in 18 states, 591,128 571,518 and Indian affairs were presented by Messrs. .Adams Van Buren majority Nov., 1836, and Everett; and then, on motion of Mr. Reed, Whig majority last election, the house adjourned.

CHRONICLE.

Naval. The United States frigate Columbia, bearing the broad pendant of commodore George C. Read, and the sloop of war John Adams, commander Thos.

York.

Indian Relics. A mound in this city has been partially opened this week, and our citizens are picking up beads, arrow points, stone knives, and various other instruments and ornaments. One

skeleton has been discovered entire, and portions of tration tion. others. On counting the grains of the stump of a 33,879 34,358 tree that stands upon the top of the mound, it ap27.678 25,221 17,730 22,206 pears that this tree must have been about one hun32,987 50,595 dred and fifty years old. It has been cut down 3,600 4,000 about sixteen years. We suppose that this ancient 21,432 27.096 receptacle of the dead must have been formed about 140,460 155,833 two hundred years ago. [Ohio city Argus. 25,856 27,368 New York canals. The Albany Argus states 91,182 85,890 that the quantity of flour brought to tide water on 23,000 25,000 30,000 35,000 the New York canals in the month of April in 1837

33,417 31,179
23,955 47,415
23,125 53,867

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33,696 53.479

20,506 15,612
9,979 9,633
2,400 1,238

21,800 17,753
12,823 13,651
2,745 1,738

604,325 714,813

19,610

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17,895 There came over the rail road in 1838, 948 bbls. 604,325 of flour.

110 488

There arrived at Troy in April, 1837, 2300 bushThe table of votes at the late elections have been els of wheat, and in 1838, 39,235 bushels; at Albacompiled with great care, but may not be entirely cor-y, in April, 1837, 1436 bushels, and in 1838, 4498 rect. They are near enough, however, for all purposes. bushels. Increase in 1838 over 1837, 39,997 bushWe have not yet the official return from Rhode Island els.

FIFTH SERIES.

No. 12.-VOL. IV.]

WASHINGTON CITY, MAY 19, 1838.

[VOL. LIV. WHOLE NO. 1,390.

THE PAST-THE PRESENT-FOR THE FUTURE.

PRINTED AND PUBLISHED, EVERY SATURDAY, BY WILLIAM OGDEN NILES, EDITOR AND PROPRIETOR, AT $5 PER ANNUM, PAYABLE IN ADVANCE.

It will be seen by our abstracts of congression-friends of the administration as 61. The Whig claims | carnage, have taken refuge in Erzerum. This has al proceedings, that the bill to authorize the issuing 72 whigs; but among these is Mr. Samuel Jones, the given rise to a report that they had taken forcible of treasury notes to meet the current expenses of the deceased delegate of Buckingham. Correcting this er- possession of the town." government, passed the house of representatives on ror, therefore, it would leave the parties, according to Wednesday last, after one of the most close and ar-ham and King George. Should we assign both Lee the Whig tale, 71-61; and two vacancies, in Buckingdent contests that has yet occurred in that body. and Morgan to the administration, then the joint vote On Thursday it was reported to the senate by the of both houses will stand: chairman of the committee on finance, without Administration, amendment. Yesterday it was taken up, and, after Whigs, an animated debate, at about 7 o'clock, passedAyes 27, noes 13. Particulars in our next.

SENATOR TALLMADGE. The Madisonian states that senator Tallmadge's private opinions were always adverse to the expunging resolution, and that he voted for that resolution only in obedience to the express instructions of the legislature of his state.

MEXICAN BLOCKADE.

Vacancies,

83
81

Even though the whigs should carry both the vacancies, the parties will be tied, on joint vote. Should we carry one, it will be 81-32; two majority for the administration. Should we carry both, it will be 85-81; four majority."

Turkey and Egypt. A report is current that a plation, and that the sultan, with the Sandiak sheformidable expedition against Egypt is in contemriff, will place himself at the head of it. It is stated that Khosrew Pacha will represent the sultan during his absence, and that Halil Pacha will accompany his father-in-law.

BANKS, CURRENCY, &c. A letter from New
York, under date 12th inst. says, the Bank of the
United States has offered to arrange with the go-

vernment for the entire six millions of its stock in
the bank.
This day she has in her vaults in specie $8,000,000
In Europe
7,000,000
Stocks, &c. convertible in an hour to
specie

NOTICE. Baltic Sea. The hydrographic sec-
tion of the marine departinent makes known to navi-
gators, that since the opening of the navigation in
the year 1833, an ordinary signal buoy is placed at
the northern extremities of the reefs of Perespe and
of the land bank of Wikala, in the gulf of Finland,
and that the buoy, with a flag, that was until now Her circulation, paper, silver, and lia-
placed near the island of Eckholmn, will be removed,
as it has thus been rendered useless.

[Globe.

DOCTOR ANTOMARCHI, the physician who accompanied Napoleon to St. Helena, and remained with him during his life, died of yellow fever at St. Jago de Cuba, on the 3d of April. Dr. A. arrived at New Orleans from France about three years ago, travelled through Mexico, and was on his return to this country.

bilities

Surplus

10,000,000

25,000,000

15,000,000

10,000,000

The Pennsylvania Bank of the United States received last week one million of dollars from the west, which, with the million and a half of dollars purchased here, and, as is stated, about six hundred thousand dollars that was held here in special deposite, swells the actual amount of specie now in its vaults to about seven millions of dollars.

The New Orleans Bulletin of the 28th ult., states that the schooner Sarah Ann, which left that port for Tampico, with a valuable cargo of dry goods, and thirty-two passengers, arrived off her place of destination 22d ult., where she was boarded by a boat from a French brig of war of twenty-four guns, and informed that she could proceed no further under penalty of being sunk, nor be allowed to have any communication with the shore. The papers of the schooner were endorsed by the boarding officer, and, although the captain pleaded a scarcity of provisions and a large number of passengers, there was no alternative but to return. The Bulletin of the 10th inst., says that the schooner Essex, capt Carroll, had also been ordered off by the squadron before Tampico, and had returned to New Orleans. The French officers conducted themselves The New York Commercial Advertiser says, the with the courtesy characteristic of their nation. Although intercepted off the port of her destination, she state loan of half a million of dollars for the enlarge-visited Philadelphia for the purpose of inviting Mr. The Albany Argus says that the committee of the board of trade of that city, which was forbid all communication with the shore, and order- ment of the Erie canal, was taken on Saturday last by Biddle and his associates in the Pennsylvania Bank ed off after her papers had been endorsed. The same Prine, Ward & King, at $100 25 for each $100 of of the United States to establish a bank in that treatment is meted out without partiality to the vessels of all nations. A French brig, the Louise, from Bor-5 per cent. stock, redeemable in 1855, having 17 city with a large capital, under the late banking deaux, bound also for Tampico, met with a like recep- years to run. law, has returned. tion on the same day. One Yankee vessel, however, had the tenerity to break the blockade. She was a barque heavily laden, and the captain not liking to miss a chance at speculation, dashed through the blockading squadron, and succeeded in running his vessel safe

into port.

"New Orleans, April 29. By a letter which has just been brought by the schooner which quitted Tampico the moment before the operation of the blockade, we learn that the government commissioners, at the head of whom were Cuevas and Mozan, secretaries of state and war, had started from Mexico for Vera Cruz, in order to treat with Baron Deffaudis, and that the confer ence was to be held aboard the principal blockading vessel. It is presumed that the result of this mission will be satisfactory to both parties."

STATE LOAN.

FROM FRANCE. By the Silvie de Grasse, from
Havre, the editor of the New York American has
received advices from Paris to the 20th of April. The
approaching coronation of the emperor of Austria,
Victoria.
at Milan, divides public attention with that of queen
Marshal Soult is to represent Louis
Philippe at London, and the Marquis de St. Aulaire,
at Milan. The king of Naples has pardoned all
those concerned in the late insurrection at Sicily. A
Marseilles paper gives an account of a great victory
gained by the Circassians over the Russian army,
near Erzerum in Armenia. From Spain we learn
that count Negri, the Carlist chief, who had advanced
near to Madrid with a corpse of 6,000 men, had re-
treated and was followed by Iriarte.

We learn, says the Commercial, that the committee were received with the greatest courtesy and kindness by Mr. Biddle who entered at once into their feelings upon the subject. He appeared quite favorable to the project, and promised to bring the question before the directors at the earliest day. The design is to establish a bank, one of from ten to fifteen millions capital. We believe the new bank law does not go into operation until the 19th of the present mouth; and from the complexion of our advices, we should not be surprised if the new bank went into operation on the 20th.

Specie in New York. The exact amount of importations of specie last week, at this port, were:

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We see by a note from captain Page, commander the U. S. ship Natchez, that that vessel was off the Mis-slavery committee of the chamber of deputies, the In giving an account of the proceedings of the sissippi, with the intention of proceeding to T.mpico, Quotidienne says: "M. Berryer has convinced the and that he would convey any letters which the merchants of New Orleans might wish to transmit. A let-majority, that, before a population of slaves is enter bag was, for this purpose, deposited at one of the franchised, it ought to be civilized, and that the insurance offices. only means of civilizing a race of blacks, is to entrust them to the care and instruction of the minisUnited States sloop-of-war Concord, Fitzhugh, com- ters of God. The mission of the catholic clergy is manding, from Tampico, touched at the Balize on the naturally pointed out, and M. Berryer has insisted 4th instant, having on board $71,000 specie, which she on the advantage of a religious congregation which put on board a tow boat, and then proceeded to Pen-would devote itself to this laborious task. The com- sale out of doors, at from 8 1-2 to 9 per cent. The sacola. mittee, with the exception of M. Isambert, acknow-tone generally is wholesome, and confidence is edged all the difficulties presented by the present gradually reviving. Our banks have not yet desigcondition of the slaves as opposed to the glorious nated a day for the general resumption of specie reminiscences of the old French missions, and even payments, but we incline to the opinion that they M. Guizot, zealous protestant as he is, repelled the will do so much sooner than was expected. We may idea of an evangelical mission as suggested by M. add, that at a recent meeting of the bank delegates VIRGINIA ELECTIONS. Mr. Banks, and not Mr. Isambert. The committee did not stop here; it of this city, Mr. Lewis, cashier of the Girard bank, Slaughter, as stated in our last, has received the return acknowledged, with the concurrence also of M. offered a resolution pledging the banks to resume for the Spottsylvania district-his majority over Mr. S. Berryer, that before liberty was granted to the in full as the action of the government would auis thirteen votes. The Richmond Enquirer, of yester- blacks, they should be led into forming families, thorize such a course. This resolution was not day, says: The want of form in holding the poll of Green county did not consist, as we originally heard, and that in order to give to the ceremony of mar- acted on, but will be on the first Wednesday in in the commissioners' not being sworn, but it is now riage all the solemnity required, it ought to be pro- June. said in the sheriff of Orange (from which Green had posed that the registers of the marriages, births, been taken) superintending the taking of the poll; and and deaths of the blacks should be placed in the in the irregular manner in which the poll was present- hands of catholic missionaries only." ed to the assembled sheriffs.

A passenger, who came by the Concord, reports, that, having remained three days at Vera Cruz, he felt convinced, from the rumors in circulation, that the Mexican government was in nowise disposed to pay the indemnity claimed by France.

Defeat of the Russians by the Circassians. We The state of parties in the legislature may be ascer extract the following from the Semaphore of Martained from the following summary which we find in seilles, of the 14th inst: "We have received a letthe last Enquirer: "The Richmond Whig of yesterday morning assigns ter of the 26th ult. from Constantinople, from which Mr. O'Ferral to the list of the friends of the administra- we take the following passages: The Circassians tion. The "Winchester Republican" (also whig, and have just gained a complete victory. The Russian near to Mr. O'Ferral's residence,) ranks him among army is destroyed; all the works raised by the bethe administration men, as a conservative. The Whig siegers of the shore have been levelled to the earth. also allows us the delegate from Lee; and foots up the Thousands of Russians who have escaped from the VOL. LIV.-SIG. 12.

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MR. TYLER. We publish the annexed letter with pleasure; and although we have unwillingly been guilty of a want of courtesy, in making a public, instead of a private call upon Mr. Tyler, yet we hope no harm has in reality been done. It has afforded him an opportunity of speaking outand we are happy to find that he does so in a frank and manly manner. [Richmond Whig.

ions, under which you may have labored. It would
have saved me from the unpleasant alternative of
appearing in the public prints. My apology to the
public will be found in the character of your call.
Very respestfully,

66

Your obedient servant,

JOHN TYLER.

ments; one appropriated to the accommodation of the great mails, and the other to the way mails, and a post office agent. The latter apartment is fitted up with boxes, labelled with the names of all the

small offices on or near the railroad lines. It has also a letter-box in front, into which letters may be put up to the moment of starting the cars, and any where on the road.

[To the editors of the Whig.] IMPORTANT DISCOVERY. One of the most im- The agent of the post office department attends Williamsburg, May 11th, 1838. portant geographical discoveries of the age (says the mail from the post offices at the ends of the Gentlemen: An article in your paper of the 8th the Journal of Commerce) is made known to us route, and sees it safely deposited in his car. As inst. under the editorial head, has, in no small de- through the London Morning Chronicle of April soon as the cars start, he opens the letter-box and gree, excited my astonishment and regret-and but 19th. It is no less than a solution of the long pend- takes out all the letters, marking them so as to desigfor the direct reference made to me by name in the ing problem whether or not there is a cominuni-nate the place where they are put in. He then latter part of the article, I would have been at a cation by water from the Atlantic to the Pacific opens the way mail bag, and distributes its contents loss to know what "prominent whig" was intended Ocean, around the northern portion of the Ameri- into the several boxes. As the cars approach a post in the very urgent call made by you for the disclo- can continent. It is now ascertained that there is office, the agent takes out the contents of the proper sure of his opinions. The expressions in the first such a communication. The narrative of its dis- box and puts them into a pouch. The engineer paragraph of that article, are as follows:-“A prom-covery is published in the Morning Chronicle. slackens the speed of the train, and the agent hands inent whig has been named as likely to succeed The following abbreviation of the contents of the pouch to the postmaster, or carrier, who stands Mr. Rives, and 'the party' at Washington have in- this interesting narrative is copied from the New beside the trick to take it, receiving from him, at the 'timated their satisfaction with his nomination. It York Evening Post of Monday: same time, another pouch, with the matter to be 'therefore becomes the friends of this gentleman at The scientific expedition undertaken at the sent from that office. This the agent immediately 'once to let his opinions be known without hesita- expense of the Hudson's Bay Company, to survey opens, and distributes its contents into the proper 'tion. The mere fact that his election can not only the extreme northern coast of America, has, in boxes. Having supplied thus all the way offices, the 'now be tolerated by the corrupt crew at Washing-part, fulfilled its object. Messrs. Dease and Simp- agent, when arrived at the end of the route, sees the 'ton, but hailed with pleasure, renders it necessary son, with ten attendants, reached Fort Good Hope, mail safely delivered into the post office. that the public mind should forthwith be disabused the northernmost settlement of the company, on the in relation to the opinions imputed to him." Now 4th of July last, and descended the Mackenzie I cannot for a moment believe that you designed river in boats. They reached the ocean on the 9th me injury by the above paragraph, but most cer- of July, and, proceeding westerly, followed the tainly nothing could be better calculated to inflict line of coast to Point Barrow. They thus comit. My opinions are not only doubtful, but impu- pleted the survey of the coast between the extreme tations are made which render it necessary that the points laid down by captain Beechey and captain public mind should be instantly disabused. Nor is Franklin. this all-the administration party at Washington are clapping their hands in an ecstacy of joy at my being named for the senate as the successor of Mr. Rives. Such is the fair inference from the paragraph-and yet I readily acquit you of all improper motive in penning it, but will ascribe it to the friendship which you declare to be its sole dicta

tor.

You also place me in a position of a candidate for the senate, to succeed Mr. Rives. Now this is to place me, during the entire interval of time between this and the meeting of the legislature, in no enviable predicament. In the first place, the thing is altogether unusual, and would be on my part, wholly unwarrantable. The legislature will, in its own wisdom, select a suitable person to represent the sovereignty of the state in the senate of the United States. It is a matter entrusted by the constitution to the hands of the legislature, and I do not doubt that it will acquit itself of its duty in that behalf as will best become it.

"They passed a few days with the Esquimaux at the point, and, setting out on their return, reached Fort Norman on the 4th of September, having been sixty-four days absent. From Fort Norman, they were, at the time the despatches were sent, preparing to proceed to a settlement which had been got ready for them at the east end of Great Bear Lake. Here they were to winter, and in July next to resume their labors. Proceeding to the eastward, they hope to connect the discoveries of Franklin and Back, and then complete the survey of the whole coast of North America.”—Nat. Intel.

DR. THELLER. Senator Norvell has addressed a letter to the editor of the Detroit Morning Post, stating that he had suggested to the secretary of state the propriety of interposing with the British government to save Dr. Theller's life. The application, however, it seems by the following correspondence, had been anticipated, and Mr. Norvell trusts "that the life of the unhappy and apparently ill-fated individual may be saved." [Globe.

person.

The mail leaves Washington at 6 o'clock, A. M. All letter-writers should, if possible, put their letters into the post office the preceding evening. The letter box at the cars will not be open until after 5 o'clock in the morning. It is not a post office; and letters will not be received at it while the post office is open. Its object is to allow all persons, until the last moment before departure, to send letters by mail, even although the mail has been closed at the post office, and even placed in the car.

The letter box will be open after the mail closes in the post office at Baltimore, and all the intermediate points. Philadelphia cannot at present enjoy its advantages fully, because the cars do not run into the city.

In this arrangement, the post office department has sought to give the greatest security to the mails, and to afford the community the best possible accommodation. Well executed, the plan must be almost the perfection of mail arrangements. It is intended, when it can be conveniently done, to extend a similar arrangement through to New York.

[Globe.

DEATH OF MR. THORNTON. Extract from a letter received at the department of state, from the consul of the United States at Lima:

Consulate of the United States,

Lima, Jan. 29, 1838. SIR: The painful duty devolves upon me, of communicating to you the death of James B. Thornton, United States charge d'atlaires to Peru. He arrived at Callao, from Valparaiso, in the United States ship Falmouth, capt. McKeever, on the 22d instant, and expired on the 25th. His remains were intered on the 26th inst. in the British cemetery at Bella Vista, with all the honors due to his rank, being accompa

As to my opinion on the sub-treasury bill, I might, under the above views, well content myself with Department of State, saying emphatically, "ask my constituents"-men Washington, April 25, 1838. who have not blenched when the storm was at the Sir: Your communication of yesterday, with its highest, and have been firm in maintaining their enclosure, relating to the case of Dr. Theller, refaith through the agitations of the last five years. cently sentenced to death at Toronto, Upper CanaI have, however no disposition to conceal my opin-da, for high treason, has been received, and I have ions, on any political question, from the public, and the honor to transmit to you, in reply, the copy of therefore answer, that I am no-advocate of the sub-a letter addressed to a committee of citizens of treasury scheme, and that I regard it as but a con- Philadelphia, in answer to their request for the in-nied to the grave by a detachment of the United tinuation of that series of disastrous measures which tervention of this department in behalf of the same have plunged the country into the present state of difficulty and embarrassinent-that I regard it as a part of that system of humbuggery which has been played off, but too successfully, for the last five years. I say, moreover, that upon all proper occasions, my opinions have been frankly expressedthat, if I have not published them from the house tops, I have been influenced by no selfish motive. Those around me, with whom I am in the habit of exchanging political views, have all along had knowledge of them. The few correspondents that I have in Washington on public affairs, have long since known them. Those correspondents are exclusively attached to the party to which I belong.

I am, sir, your obedient servant,
Hon. John Norvell,

JOHN FORSYTH.
Of the senate of the United States.

States, British, and French marines and sailors; by the officers of all the foreign vessels of war in Callao; by the members of the diplomatic corps; by offi cers of all the foreign vessels of war in Callao; by the members of the diplomatic corps; by officers delegated for that purposes by the supreme government to which he was accredited, and by a numerous concourse of his fellow-citizens and foreigners resident in the capital and Callao. Minute guns were fired from the Falmouth during the procession, and all the vessels in Callao had their flags at halfmast during the day of the funeral.

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Department of State, Washington, April 23, 1838. Gentlemen: Your letter of the 22d instant, requesting the interposition of this department, in behalf of Dr. Theller, now under sentence of death at Toronto, in Upper Canada, for alleged treason against the British government, has just been re- WHIG NATIONAL CONVENTION. It having been ceived. I have the honor to inform you, in reply, proposed by various meetings of the opponents of An after paragraph in your paper speaks of ad- that a special agent was recently despatched to Ca- the present administration, in different parts of the vances made to "a prominent whig." If you de-nada, and is, probably, now there, who was instruct- United States, that there should be a general meetsign me by that remark, I utterly disclaim it. No ed to inquire into the situation of all persons claim-ing of delegates from all the states, for the purpose such advance had been made, and no lures thrown ing to be American citizens, who had been impri- of agreeing on and recommending suitable persons out-and if the administration party at Washing-soned by the local authorities, on the charge of as candidates for the offices of president and vice ton rejoice at the prospect of my re-election to the being implicated in the recent disturbances in the president at the next election; and a desire having senate, your paper brings me the first intelligence British provinces; and, it is presumed that, if the been expressed by several of said meetings that the of the fact. I stand where I did three years ago, case of Dr. Theller is one in which the intervention time and place for holding such meeting should be and there I shall always stand. If that party de- of his good offices is justifiable, they will, without fixed by the opposition members of congress, those sires my election, it must arise from the apprehen- doubt, be exerted in his favor. members have authorized us to announce that, in sion that they cannot elect a man of their party, I am, gentlemen, compliance with what thus appears to be the general and preference for me, if felt, of which I am not wish they have met and consulted on the subject, aware, arises solely out of a mere personal preferand, after due consideration and reflection, they are ence. Of that, I have no cause to complain-but of opinion that the borough of Harrisburg, in the of this, all of all parties may be assured, that I &c. Philadelphia. state of Pennsylvania, is a suitable place, and the shall upon all subjects think as a freeman, and shall first Wednesday in December, 1839, a proper time, always dare to act as such. NEW MAIL ARRANGEMENT. Mail cars, construct- for holding a general meeting for the purposes above I regret, gentlemen, that you, or either of you ed under the directions of the post office department, mentioned, to be composed of delegates from all the had not seen cause to address me in a private letter, are now running on the railroads between Washing-states, in proportion to their representation in the requesting me to remove any doubt as to my opin-ton and Philadelphia. They contain two apart-two houses of congress. [National Intelligencer.

Your obedient servant,

JOHN FORSYTH.
To Messrs. John Oakford, and others, committee,

NEW YORK BANK LAW.

Sec. 6. The bills or notes so to be countersigned, An act to authorize the business of banking, passed the transfer of public stocks, shall be stamped on and the payment of which shall be so secured by April 18, 1838. their face, "Secured by the pledge of public

ciation shall not be less than one hundred thousand dollars.

Sec. 16. Such persons, under their hands and seals, shall make a certificate which shall specify: 1. The name assumed to distinguish such association, and to be used in its dealings:

4. The names and places of residence of the shareholders, and the number of shares held by each of them respectively:

The people of the state of New York, represent-stocks." ed in senate and assembly, do enact as follows: Sec. 7. Instead of transferring public stocks as Sec. 1. The comptroller is hereby authorized and aforesaid to secure the whole amount of such bills 2. The place where the operations of discount and required to cause to be engraved and printed in the or notes, it shall be lawful for such person or asso-deposite of such association are to be carried on, best inanner, to guard against counterfeiting, such ciation of persons, in case they shall so elect before designating the particular city, town, or village: quantity of circulating notes, in the similitude of receiving any of the said bills or notes, to secure the 3. The amount of the capital stock of such assobank notes in blank, of the different denominations payment of one half of the whole amount so to be ciation, and the number of shares into which the authorised to be issued by the incorporated banks of issued, by transferring to the comptroller bonds and same shall be divided: this state, as he may from time to time deem neces- mortgages upon real estate, bearing at least six per sary to carry into effect the provisions of this act, cent. interest of this state, payable annually or semiand of such form as he may prescribe. Such bank annually; in which case all such bills or notes issued circulating notes shall be countersigned, numbered, by the said person or association of persons, shall be and registered in proper books to be provided and stamped on their face, "Secured by pledge of public kept for that purpose in the office of the said comp-stocks and real estate.' troller, under his direction, by such person or persons as the said comptroller shall appoint for that purpose, so that each denomination of such circulating notes shall all be of the same similitude and bear the uniform signature of such register, or one of such registers.

Sec. 2. Whenever any person or association of persons, formed for the purpose of banking, under the provisions of this act, shall legally transfer to the comptroller any portion of the public debt now created or hereafter to be created by the United States or by this state, or such other states of the United States as shall be approved by the comptroller, such person or association of persons shall be entitled to receive from the comptroller an equal amount of such circulating notes, of different denominations, registered and countersigned as afore said; but such public debt shall in all cases be, or be made to be, equal to a stock of this state producing five per cent. per annuin; and it shall not be lawful for the comptroller to take any stock at any rate above its par value.

Sec. 3 Such person or association of persons are hereby authorized, after having executed and signed such circulating notes in the manner required by us, to make them obligatory promissory notes payable on demand, at the place of business within this state of such person or association, to loan and circulate the same as money, according to the ordinary course of banking business as regulated in the laws and usages of this state.

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Sec. 8. Such mortgages shall be only upon improved, productive, unincumbered lands within this state, worth, independently of any buildings thereon, at least double the amount for which they shall be so mortgaged; and the comptroller shall prescribe such regulations for ascertaining the title and the value of such lands as he may deem necessary; and such mortgages shall be payable within such time as the comptroller may direct.

5. The period at which such association shall commence and terminate; which certificate shall be proved or acknowledged and recorded in the office of the clerk of the county where any office of such association shall be established, and a copy thereof filed in the office of the secretary of state.

Sec. 17. The certificate required by the last preceding section to be recorded and filed in the offices of the clerk of the county and secretary of state as aforesaid, or copies thereof, duly certified by either of those officers, may be used as evidence in all courts and places for and against any such association.

Sec. 9. The comptroller may, in his discretion, Sec. 18. Such association shall have power to resign the said bonds and mortgages, or any of them, carry on the business of banking, by discounting to the person or association who transferred the bills, notes and other evidences of debt; by receiving same, on receiving other approved bonds and mort-deposites; by buying and selling gold and silver bul gages of equal amount: and when any sum of the lion; foreign coins and bills of exchange in the manprincipal of the bonds and mortgages transferred to ner specified in their articles of association for the the comptroller shall be paid to him, he shall notify purposes authorized by this act; by loaning money the person or association that transferred the bonds on real and personal security; and by exercising such and mortgages of such payment, and may pay the incidental powers as shall be necessary to carry on same to such person or association on receiving such business; to choose one of their number as presiother approved bonds and mortgages of equal dent of such association, and to appoint a cashier, amount. and such other officers and agents as their business may reqeire, and to remove such president, cashier, officers,and agents at pleasure, and appoint others in their place.

Sec. 10. The person or association of persons assigning such bonds and mortgages to the comp. troller, may receive the annual interest to accrue thereon, unless default shall be inade in paying the bills or notes to be countersigned as aforesaid, or unless in the opinion of the comptroller the bonds and mortgages or stocks so pledged shall become an insufficient security for the payment of such bills or notes.

person or association, shall be held by him exclu-
sively for the redemption of the bills or notes of such
person or association put in circulation as money,
until the same are paid.

Sec. 19. The shares of said association shall be deemed personal property, and shall be transferable on the books of the association in such manner as may be agreed on in the articles of association: and every person becoming a shareholder by such transfer, shall, in proportion to his shares, succeed to all the rights and liabilities of prior shareholders; and no change shall be made in the articles of association by which the rights, remedies of security of its existing creditors shall be weakened or impaired. Such association shall not be dissolved by the death or insanity of any of the stockholders therein.

Sec. 20. It shall be lawful for any association of persons organized under this act by their articles of association, to provide for an increase of their capital and of the number of the associates, from time to time, as they may think proper.

Sec. 21. Contracts made by any such association, and all notes and bills by them issued and put in circulation as money, shall be signed by the president or vice president and the cashier thereof; and all suits, actions and proceedings brought or prosecuted by or on behalf of such association, may be brought or prosecuted in the name of the president thereof; and no such suit, action or proceeding shall abate by reason of the death, resignation or removal from office of such president, but may be continued and prosecuted according to such rules as the courts of law or equity may direct, in the name of his successor in office, who shall exercise the powers, en

Sec. 11. In case such person or association of Sec. 4. In case the maker or makers of any such persons shall fail or refuse to pay such bills or notes circulating notes, countersigned and registered as on demand in the manner specified in the fourth secaforesaid, shall at any time hereafter, on lawful de- tion of this act, the comptroller, after the ten day's mand during the usual hours of business between notice herein mentioned, may proceed to sell at pubthe hours of ten and three o'clock, at the place lic auction the public stocks so pledged or the bonds where such note is payable, fail or refuse to redeem and mortgages so assigned, or any or either of them, such note in the lawful money of the United States, and out of the proceeds of such sale shall pay and the holder of such note making such demand may cancel the said bills or notes, default in paying which cause the same to be protested for non-payment by shall have been made as aforesaid; but nothing in by a notary public, under his seal of office in the this act contained shall be considered as implying usual manner; and the comptroller on receiving and any pledge on the part of the state for the payment filing in his office such protest, shall forthwith give of said bills or notes beyond the proper application notice in writing to the maker or makers of such of the securities pledged to the comptroller for their note to pay the saine; and if he or they shall omit to redemption. do so for ten days after such notice, the comptroller Sec. 12. The public debt and bonds and mortshall immediately thereupon, (unless he shall be sat-gages to be deposited with the comptroller by such isfied that there is a good and legal defence against the payment of such note or notes,) give notice in the state papers that all the circulating notes issued by such person or association will be redeemed out of the trust funds in his hands for that purpose; and Sec. 13. The plates, dies and materials to be it shall be lawful for the comptroller to apply the procured by the comptroller, for the printing and said trust funds beginning to the maker or makers of making of the circulating notes provided for hereby, such protested notes to the payment and redemption will all remain in his custody and under his direc-joy the rights, and discharge the duties of his preof such notes, with costs of protest, and to adopt tion; and the expenses necessarily incurred in ex-decessor. such measures for the payment of all such circula-ecuting the provisions of this act, shall be audited Sec. 22. All persons having demands against any ting notes put in circulation by the maker or makers and settled by the comptroller, and paid out of any such association, may maintain actions against the of such protested notes, pursuant to the provisions moneys in the treasury not otherwise appropriated, president thereof; which suits or actions shall not of this act, it will in his opinion most effectually and for the purpose of reimbursing the same, the abate by reason of the death, resignation or removal prevent loss to the holders thereof. said comptroller is hereby authorized and required from office of such president, but may be continued Sec. 5. The comptroller may give to any person to charge against and receive from such person or and prosecuted to judgment against his successor; or association of persons so transferring stock in association applying for such circulating notes, such and all judgments and decrees obtained or rendered pursuance of the provisions of this act, powers of rate per cent. thereon as may be sufficient for that against such president for any debt or liability of attorney to receive interest or dividends thereon, purpose, and as may be just and reasonable. such association, shall be enforced only against the which such persons or association may receive and Sec. 14. It shall not be lawful for the comptrol-joint property of the association, and which property apply to their own use; but such powers may be ler, or other officer, to countersign bills or notes for shall be liable to be taken and sold by execution uninvoked upon such person or association failing to any person or association of persons, to an amount der any such judgment or decree. redeem the circulating notes so issued, or whenever, in the agregate exceeding the public debt, or public Sec. 23. No shareholder of any such association in the opinion of the comptroller, the principal of debt and bonds and mortgages at their value, as pro-shall be liable in his individual capacity for any consuch stock shall become an insufficient securi- vided in the second section of this act, deposited tract, debt or engagement of such association, unty; and the said comptroller, upon the application with the comptroller by such person or association; less the articles of such association by him signed of the owner or owners of such transferred stock in and any comptroller or other officer who shall vio- | shall have declared that the shareholder shall be so trust, may, in his discretion, change or transfer the late the provisions of this section shall, upon con- liable. same for other stocks of the kind before specified in viction, be adjudged guilty of a misdemeanor, and this act, or may re-transfer the said stocks, or any shall be punished by a fine not less than five thoupart thereof, or the mortgages, or any of them here- sand dollars, or be imprisoned not less than five inafter mentioned and provided for, upon receiving years, or by both such fine and imprisonment. and cancelling an equal amount of such circulating notes delivered by him to such person or association, in such manner that the circulating notes shall always be secured in full, either by stocks or by stocks and mortgages, as in this act provided.

Sec. 24. It shall be lawful for such association to

purchase, hold and convey real estate for the following purposes:

1. Such as shall be necessary for its immediate accommodation in the convenient transaction of its business; or,

Sec. 15. Any number of persons may associate to
establish offices of discount, deposite and circula-
tion, upon the terms and conditions, and subject to
the liabilities prescribed in this act; but the aggre-
gate amount of the capital a tock of any such asso-to such association; or

2. Such as shall be mortgaged to it in good faith, by way of security for loans made by, or moneys due,

3. Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings; or,

tion.

4. Such as it shall purchase at sales under judgments, decrees or mortgages held by such associa The said association shall not purchase, hold or convey real estate in any other case, or for any other purpose; and all conveyances of such real estate shall be made to the president, or such other officer as shall be indicated for that purpose in the articles of association; and which president or officer, and his successors, from time to time may sell, assign and convey the same, free from any claims thereon, against any of the shareholders, or any person claiming under them.

Sec. 28. If any portion of the original capital of any such association shall be withdrawn for any purpose whatever, whilst any debts of the association remain unsatisfied, no dividends or profits on the shares of the capital stock of the association shall thereafter be made, until the deficit of capital shall have been made good, either by subscription of the shareholders, or out of the subsequently accruing profits of the association; and if it shall appear that any such dividends have been made, it shall be the duty of the chancellor to make the necessary orders and decrees for closing the affairs of the association, and distributing its property and effects among its credi

tors and shareholders.

Sec. 29. Such association shall be liable to pay the holder of every bill or note put in circulation as money,the payment of which shall have been demanded and refused, damages for non-payment thereof, in lieu of interest, at and after the rate of fourteen per cent. per annum, from the time of such refusal until the payment of such evidence of debt, and the damages thereon.

moneyed corporation may be proceeded against and | breath to confirm the truth of what I did say by giving dissolved. his support to the substitute, which he called a half way house, where he could spend some pleasant hours. Nothing is more easy than to win such victories. there was no other alternative at present but the bill Having inferred, as has turned out to be the fact, that and substitute, I next showed the embarrassment to which the gentlemen opposite to me would be involved from having, four years ago, on the question of the removal of the deposites, denounced a league of state banks, similar to that proposed to be revived by the substitute. After enlarging on this point, I remarked that, if I might be permitted to state my opinion, the gentlemen had taken a course unfortunate for themselves and the country-unfortunate for them, for let bill was lost, theirs would be the responsibility; if the what would come they would be responsible. If the fall; and, if nothing was done, they would be held resubstitute was carried, on them the responsibility would sponsible; and, unfortunate for the country, because it had prevented the decision of the question at the extra session, which could not have failed to put an early termination to the present commercial and pecuniary embarrassment. This the senator, in his reply, met by stating that I had called on him and his friends to follow my lead; and thus regarding it, he made it the preSec. 30. The president and cashier of every as-notice hereafter. I never dreamed of making such a text of some ill-natured personal remarks, which I shall sociation formed pursuant to the provisions of this call; and what I said cannot be tortured, by the force act, shall at all times keep a true and correct list of of construction, to bear a meaning having the least the names of the shareholders of such association, semblance to it. and shall file a copy of such list in the office of the clerk of the county where any office of such association may be located, and also in the office of the Sec. 26. Such association shall, on the first Mon-comptroller, on the first Mondays of January and days of January and July in every year after having July in every year. commenced the business of banking as prescribed Sec. 31. It shall not be lawful for any associaby this act, make out and transmit to the comptroller, tion formed under the provisions of this act, to make in the form to be provided by him, a full statement of any of its bills or notes of a denomination less than the affairs of the association, verified by the oaths one thousand dollars, to be put in circulation as of the president or cashier, which statement shall money, payable at any other place than at the office contain, where the business of the association is carried on and conducted.

Sec. 25. Upon the application of creditors or shareholders of any such association, whose debts or shares shall amount to one thousand dollars, and stating facts, verified by affidavit, the chancellor may, in his discretion, order a strict examination to be made by one of the masters of his court, of all the affairs of such association, for the purpose of ascertaining the safety of its investments, and the produce of its management; and the result of every such examination, together with the opinion of the master and of the chancellor thereon, shall be published in such manner as the chancellor shall direct, who shall make such order in respect to the expenses of such examination and publication as he may deem proper.

1. The amount of the capital stock paid in according to the provisions of this act or secured to be paid:

2. The value of the real estate of the association; specifying what portion is occupied by the association as necessary to the transaction of its business: 3. The shares of stock held by such association, whether absolutely or as collateral security; specifying each kind and description of stock, and the number and value of the shares of each:

4. The amount of debts due to the association; specifying such as are due from moneyed or other corporations or associations; and also specifying the amount secured by bond and mortgage of judgment; and the amount which ought to be included in the computation of losses:

5. The amount of debts due by such association; specifying such as are payable on demand, and such as are due to moneyed or other corporations or as

sociations:

6. The amount of claims against the association not acknowledged by it as debts:

7. The amount of notes, bills, or other evidences of debt issued by such association:

8. The amount of the losses of the association;

Sec. 32. The legislature may at any time alter or repeal this act.

I

After making these preliminary remarks, I took up the substitute, and showed that it proposed to make a bargain with the banks. I then stated the particulars and the conditions of the proposed bargain; that its object was to enable the banks to pay their debts, and for that purpose it proposed to confer important privi leges; to give them the use of the public funds from the notes received as cash in the dues of the government. time of deposite to disbursement, and to have their then asked, if we had a right to make such a bargain? The senator, leaving out all of these particulars, represented me as saying that the government had no right to make a bargain with the banks; and then undertakes to involve me in an inconsistency, in supporting the bill, because it proposes to bargain with the banks for the use of their vaults, as a place of safe-keeping for between the two cases. Nothing is more easy than to the public money, as if there was a possible analogy refute the most demonstrative argument in this way. Drop an essential part of the premises, and the most irresistible conclusion, of course, fails.

Sec. 33. No association of persons authorized to carry on the business of banking under this act, shall at any time, for the space of twenty days, have on hand at their place of business, less than twelve and a half per cent. in specie on the amount of the bills or notes in circulation as money. In the same summary and easy mode of replying to State of New York, This bill having been ap- my argument, the senator perverted my denial that the secretary's office. S proved and signed by the go-government had a right to receive bank notes as cash, vernor of this state on the 18th day of April, 1838, I do hereby certify that the same became a law on that day.

JOHN A. DIX, secretary of state.

SPEECH OF MR. CALHOUN, OF S. C,

In reply to Mr. Clay on the sub-treasury bill. Delivered in
the senate of the United States, March 10, 1838.
I rise to fulfil a promise I made some time since to
notice at my leisure the reply of the senator from Ken-
tucky farthest from me (Mr. Clay) to my remarks, when
I first addressed the senate on the subject now under
discussion.

On comparing with care the reply with the remarks, specifying whether charged on its capital or profits, I am at a loss to determine whether it is the most resince its last preceding statement, and of its divi-markable for its omissions or misstatements. Instead dends declared and made during the same period: of leaving not a hair in the head of my arguments, as 9. The average amount in each month during the preceding six months of the debts due to and from the association; the average amount of specie possessed by the same during each month, and the amount of bills and notes issued by such association and put in circulation as money, and outstanding against the association, on the first day of each of the preceding six months:

statements,

into the assertion that it had no right to receive any thing but cash; and then accuses me with inconsistency, because I voted, at the extra session, for the bill authorising the receipt of treasury notes in the dues of the government; as if any one ever doubted that it could receive its own paper, or securities, in payment of its debts. Such are the misstatements of the senator ta

ken in their regular order, as they stand in his reply, and they present a fair specimen of what he chooses to consider an answer to my argument. There is not one less unfairly stated, or unfairly met, than the instances I have cited.

The senator presented two difficulties in reply to what I said against receiving bank notes by the govern ment, which demand a passing notice before I dismiss this part of the subject. He objected, first, that it was contrary to the provision of the bill itself, which authorizes the receipts of the notes of specie-paying banks the senator threatened, (to use his not very dignified ex- for a limited time. To answer this objection, it will be and not the least weighty portion: and of that which he the provisions of the joint resolutions of 1816, the notes pression,) he has not even attempted to answer a large, necessary to advert to the object of the provision. By has, there is not one fairly stated or fairly answered. I of specie paying banks are made receivable in the dues speak literally, and without exaggeration; nor would it of the government; and, of course, on the resumption be difficult to establish to the letter what I assert, if I of specie payments, bank notes would again be receiv could reconcile it to myself to consume the time of the ed by the government as heretofore, without limitation senate in establishing a long series of negative proposi- as to time, unless some provision be adopted to prevent tions, in which they could take but little interest, how-it. In a word, the government, though separated in 10. The average amount in each month during ever important they may be regarded by the senator fact at present from the banks, is not legally separated; the preceding six months due to the association, from and myself. To avoid so idle a consumption of the and the object of the provision is to effect the separa all the shareholders in the association, also the great-time, I propose to present a few instances of his mis- tion as well in law as it is in fact. This it proposes to est amount due to the association in each of the said that I may not be suspected of having selected them, I in order to prevent, as far as possible, any injurious ef from which the rest may be inferred; and, do by a gradual repeal of the joint resolution of 1816, preceding six months, from all the shareholders in shall take them in the order in which they stand in his fects to the community or the banks. The senator, in such association: reply. making his objection, overlooks the broad distinction between the doing and undoing of an unconstitutional act. There are some unconstitutional acts that are difficult, if not impossible, to be undone; such, for instance, as the admission of Louisiana into the union, admitting it to be unconstitutional, which I do not. There are others which cannot be undone suddenly, without widespread distress and ruin; such as the protective tariff, which, accordingly, the compromise act allowed up wards of eight years for the gradual repeal. Such also is the case under consideration, which, under the provisions of the bill, would be effected in seven years. In all such cases I hold it to be not only clearly constitutional for congress to make a gradual repeal, but its duty to do so; otherwise it would be often impossible to get clear of an unconstitutional act short of revolution. His next objection was, that the reasons which would make the receipt of bank notes unconstitutional, would also make the China trade so, which he represented as There is no analogy whatever between the two cases. absorbing a large portion of the specie of the country. The very object of specie is to carry on trade, and it would be idle to attempt to regulate the distribution and

11. The amount which the capital of the said association has been increased during the preceding six months, if there shall have been any increase of the said capital; and the names of any persons who may have become parties to the said articles of association, or may have withdrawn therefrom since their last report.

It shall be the duty of the comptroller to cause the statement required to be made by this section to be published in a newspaper printed in the county where the place of business of such association is situated, and in the state paper; the expense of which shall be paid by such association.

Sec. 27. If such association shall neglect to make out and transmit the statement required in the last preceding section, for one month beyond the period when the same is required to be made, or shall violate any of the provisions of this act, such association may be proceeded against and dissolved by the court of chancery, in the same manner as any

The senate will recollect, that when the senator from Virginia farthest from me (Mr. Rives) introduced his substitute, he accompanied it with the remark, that it was his first choice, and the second choice of those who are allied with him on this occasion. In noticing this remark, I stated, that if I might judge from appearances, which could scarcely deceive one, the senator might have said, not only the second but, under existing circumstances, it was their first choice, and that, despairing of a bank for the present, they would support his substitute. Assuming this inference to be correct, I stated that the question was narrowed down, in fact, to the bill and substitute, of which one or the other must be selected. The senator from Kentucky, in his reply, omitted all these qualifications, and represented me as making the absolute assertion that, in the nature of the case, there was no other alternative but the bill or the substitute, and then gravely pointed out two others; to do nothing, or adopt what was so obvious. After he had thus replied, not to a national bank, as if I could possibly be ignorant of what I really said, but his own misstatement of it, as if to make compensation, he proceeded in the same

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