FIFTH SERIES. No. 6.-VOL. IV.] WASHINGTON CITY, APRIL 7, 1838. [VOL. LIV. WHOLE NO. 1,384. 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. The present sheet contains the largest portion of Mr. Webster's second speech on the sub-treasury bill. It will be concluded in our next. The hon. Isaac McKim, a member of the house of representatives from the state of Maryland, died at his lodgings, in this city, on Sunday morning last. Mr. McKim was a native and resident of the city of Baltimore, and one of her most worthy, active and enterprising merchants. His commercial enterprises were eminently successful, and he dispensed his great wealth with the most enlightened liberality and especially in the erection and endowment of one of the most beautiful and permanent free schools in this or any other country. His remains were interred in Baltimore on Tuesday last, to which city they were accompanied by the committee of the house appointed for that purpose, and a large number of representatives and senators. The public authorities of Baltimore and the citizens generally, paid every respect to his memory, and all seemed impressed with the great loss that community has sustained by his death. MR. VEAZEY, governor of Maryland, was in Baltimore on Thursday last, on his way to his residence in Cecil county. Whilst in Baltimore he received official information from the speaker of the house of representatives of the death of Mr. McKim; and, as we learn from the Patriot, he has decided to issue his proclamation for a new election at the earliest practicable period-probably, as early as the 25th inst. Mr. POINSETT, secretary of war, has been extremely ill for several days past; but it gives us great pleasure to state that he is now better and that hopes are entertained of his recovery. General Scott is still in this city. General Gaines arrived at New Orleans on the 13th ult. in the steam boat Alton from St. Louis. -The late Edward D. Bangs, who for many years has filled the office of secretary of state in Massachusetts, died recently at his residence in Worcester. The general appropriation bill was finally passed on Thursday last, and, having been signed by the president, has become a law. TREASURY DEPARTMENT, April 28, 1838. The treasury notes issued up to the 1st instant, under the provisions of the act of congress of the 12th of October, 1837, amount to $7,467,349 72. It appears by the returns, made up to the same period, that there had been received for duties and lands, and in payment of debts, about $3,500,000. LEVI WOODBURY, Sec'y. of the Treasury. 5585 Whig majority, [In 1837, the aggregate vote for governor was 23,805 for the Van Buren candidate, and 21,508 for the whig candidate.] Senale. Last year the senate was composed of seven whigs and fourteen Van Buren senators. The senate of 1838 will consist of twenty whig senators and one Van Buren senator. House of Representatives.-Last year the house consisted of 72 whigs, 140 Van Burenites-2 vacancies-214 in all. This year, it is stated, more than two-thirds of the house will be whigs. Gen. Wm. H. Ashley, one of the most distinguished citizens of Missouri, died at his residence on the Lamine, eight miles from Boonsville, on the 26th ult. VOL. LIV-SIG. 6. Ex-sheriff Parkins, who entered upon his seventyfirst year a few days since, has been unconditionally discharged from prison. Five long years he has spent in Bridewell, in the debtors' ward, for reasons which will soon appear from his published statement. The publication will be looked for with much interest, which we shall not forestall or anticipate, as it is already in press. One thing is certain-he will now make his version of the story heard. [N Y. Sun. ANTON BOLLERMANN has been appointed consul of the grand duke of Hesse, for the port of New York, and has been recognized as such by the president of the United States. The Army and Navy Chronicle states, that the report that the destination of the frigate Columbia, from the East Indies to the Mediterranean, is unfounded, and that she will shortly sail, in company with the John Adams, for her original destination. At a meeting of the directors of the Suffolk bank, held at 1 o'clock, P. M. on Saturday, 31st March, 1833, it was The manner of the return, Mr. C. argued (in supporting this motion) was a gross contempt of court; for the postmaster general puts himself, in his reply to the writ, on the very ground over-ruled by this court, and abandoned by his own counsel before the supreme court. The court, he said, could hardly consider the return sufficient, without admitting that the postmaster general was right in his original ground, and that the court was wrong in deciding against it. That the tenor of this reply on the part of the postmaster general was entirely inconsistent with his own previous action; for that when the award of the solicitor of the treasury, under the act of congress, first came into his hands, he undertook to give instructions how, and to what extent, the award should be executed by the auditor, and it was not until a fortnight after the decision of the supreme court in the case, that he found out he had nothing to do with it, and that the auditor had exclusive control over it. Mr. C. further suggested that, with regard to this matter, the postmaster general had not certified any one thing which the writ of maudamus required him to certify. This, however, he said, was a matter for the court itself to decide upon, in which the relators had no interest, further than to see the dignity of the court sustained. PHILADELPHIA BANKS. The Philadelphia U. S. Gazette of Thursday says:-" We understand that the banks in the city of Philadelphia and districts have unanimously decided that it is inexpedient to send delegates to the adjourned meeting at New York of the bank convention, on the 11th of this month." On the part of the relators, he maintained that in The Suffolk bank of Boston has issued the follow-point of substance the return was wholly insufficient ing circular: because, it had been now only certified that a balance was due which had been reported to be due sixteen or seventeen months ago, say in November, 1836. The award made by the solicitor comprehended the interest due on the balance up to the date of the award. The postmaster general objected to the award of the solicitor, that he had transcended the authority of the act of congress, and one of the specific objections was the allowing of interest on these claims. This court, by deciding that the solicitor had not transcended his jurisdiction, and the supreme court by the unanimous adoption of the same doctrine, had decided that the plaintiffs were entitled to interest, and, consequently, the payinents that have been made, including interest only to November, 1836, are payments on account, and not in full compliance with the writ of mandamus. For these and other reasons, Mr. Coxe moved to quash the return as insufficient. Voted, That it is the unanimous opinion of the board that it is inexpedient for the banks in Boston to resume specie payments, unless the banks in New York and Philadelphia will resume at the same time. Voted, That the cashier be requested to furnish the delegates appointed to attend the convention, to be held at New York on the 11th proximo, with a copy of the foregoing vote, and to send a copy of the same to each of the banks in this city. (Signed) J. C. BREWER, cashier. The Richmond Enquirer states that the presidents of the Richmond banks will attend the bank convention to be held in New York on the 11th instant. The same paper adds that “there is every reason to believe the convention will fix upon soine certain day for resumption. Perhaps it will not be as early as the banks of New York have specified--possibly, it may be some months later, &e." The court took time to consider the motion. GEN. SCOTT. The Toronto Patriot contains a THE MANDAMUS. In conformity with the deci- copy of a despatch from sir Francis B. Head, written sion of the supreme court of the United States in the previous to his departure from Upper Canada, to the case of Stockton & Stokes relators, against the post- British minister at Washington. The intemperate master general, a writ of mandamus was on Friday spirit it displays will, we are convinced, be properly last, issued by the circuit court for the District of Co-rebuked by his governinent, the prime minister, lord lumbia, returnable on Tuesday the 3d inst. To that Melbourne, having already found it necessary, in the writ, return was made to the court on Tuesday, by house of lords, to plead in extenuation of the lanthe following endorsement upon the copy of the writ guage of a former communication of sir Francis served upon the postmaster general: Head, his fondness for an epigrammatic style of writing. It is not required of us to defend the conduct POST OFFICE DEPARTMENT, April 3, 1838. awards, viz. thirty-nine thousand four hundred and on said books. AMOS KENDALL, postmaster general. This being read in court- of gen. Scott against the censures of a foreigner. had, will be all-sufficient for him; we therefore conThe approval of his country, which it has and ever fine ourselves, in this respect, to the publication of the following from the pen of the gallant col. Worth [N. Y. Courier and Enquirer. "The Toronto Patriot, of the 23d instant, publishes a letter from his excellency the late lieutenant governor of Upper Canada, to the minister of the British government, at Washington, in which the actions of major general Scott, during his personal superintendence of the military operations on the frontier, recently made in aid of the civil authorities, and in support of the laws, are severely criticised, and the motives of that distinguished officer called in ques tion. pleased to contrast and commend the acts of another In the same remarkable paper, his excellency is officer, in connexion with the same service, who, of all men in this country, must derive the most pain from so unjust and unnatural a position. 66 the treasury the principal amount of the award made Yesterday, in accordance with the notice given, Mr. Coxe made a motion to quash the return upon. the writ of mandamus against the postmaster general. ing one, deems it due to truth, to justice, and to his In order that the community may understand the effect of those amendments, and the provisions of the bill as it now stands, a few explanatory remarks may be useful. to others who disagree, and ask only a like courtesy agency of banks in the fiscal operations of the gov The mode of effecting the object is of little consequence, compared with the importance of the object itself. But we sincerely hope that it will in due season be effected. We trust that a larger portion of specie will gradually and inflexibly be required in rate in a salutary manner on the whole currency public payments. We have no doubt it would opeof the country, and essentially tend to prevent overissues and explosions. When most of the banks in the country, last spring suspended specie payments, and thus with"The house resumed the consideration of the bill held the public money, a separation of the keeping (No. 563) regulating the deposite of money of the of that money in future from the use and discounts The bill, as it now stands, reaches and cures one United States in certain local banks. The quesof the banks appeared to have become indispen-evil-the unnatural and injurious connection be- tion recurred on the motion made by Mr. Robertsable, not only for its safety, but for the prompt, tween the money in the treasury and the private son, that the said bill be recommitted to the comefficient, and faithful payment of the public credi- loans of the banks. It is very perfect in that re-mittee of ways and means, with instructions so to spect, and allows no special deposites to be made, amend the same as to dispense with the agency or This was the leading object to be attained. The except in specie or treasury notes. Frequent set- instrumentality of banks in the fiscal operations of bill reported last September, at the special session, tlements with the banks of any of their notes taken, the government. applied to this purpose alone. It provided for a and not soon paid out, would tend to check extotal divorce between the treasury and the banks, cesses, and will doubtless be the practice. so far as regarded the use of the public money, and there stopped. tors. Another desirable object to be attained was an improvement in the currency, as well as in the mode of keeping the public money. Many were anxious to increase still more the specie portion of it, and in order to effect that gradually and extensively, to introduce legal provisions, rendering it imperative, in time, to receive only specie in payment of all public dues. This would leave the states and individuals to continue to receive what they deemed proper, but would take away the discretion before exercised by the public officers of the general government, under the acts of congress of 1789 and 1820, as well as the joint resolution of 1816, to receive bank paper when deemed safe. Accordingly, Mr. Calhoun, instead of offering a separate bill for that object, moved an amendment to the bill for keeping the public money, which directed that the kind of money received should, in time, be specie alone. But, with all due respect to the views of others object-the independent keeping of the public But this other we have no doubt will be obtained soon, if not at this session. Public sentiment is aroused, and is, we believe, sound on that, as well as on the independent treasury. Whatever obstacles may be interposed by the management of interested This amendment then prevailed in the senate; may be entertained as to the people's views by any politicians out of doors, or whatever honest doubts but the bill, so amended, was laid on the table, and of their representatives in either house, we can see not acted on finally in the house of representatives. a tide swelling over the whole country, and graduAt this session the committee reported the bill, ally reaching every hill and valley, in favor of a incorporating into it a clause similar to that amend-sound and constitutional currency. The public are ment, instead of leaving it to be offered as an sick to the heart of paper-paper-mere paper. amendment, or leaving the kind of money to be They abhor depreciations and the whole race of legislated on in a separate bill. The senate have shin-plasters, and want something solid, valuable now stricken that provision out. This leaves the bill, on principle, as it originally stood in September, when first reported by the committee. It is confined entirely to the safe-keeping of the public money, or to the divorce between the treasury and banks. The only exception to this remark is a new amendment offered by Mr. Webster, requiring that the same kind of money shall be received for all public dues, but not prescribing what that kind of money shall be. That is left to the former laws and resolutions of congress-construed, as they always have been, by the executive, the treasury, the United States Bank, and the attorney general, that it must be specie; except where congress has otherwise directed as to treasury notes, or United States bank notes, and where, in the opinion of the executive or the treasury department, some other medium was safe, and equivalent to specie. We are free to say, that, in regard to this last topic, our own views are, that too much discretion is now confided to the executive, and that congress would act wisely to further limit and regulate that discretion. and safe. SUPPOSED SUB-TREASURY VOTE IN 1835. "On the 11th February, 1835, when the bill re- "In favor of this motion the votes of the follow- Allen, Chilton Allan, Archer, Ashley, Banks, Bar"Messrs. John Q. Adams, Heman Allen, John J. ber, Barnitz, Barringer, Bates, Baylies, Beale, We think there was much soundness in general Chambers, Chilton, Claiborne, Clarke, Clayton, Beatty, Bell. Binney, Briggs, Burges, Campbell, Jackson's objections to Mr. Rives's bill on this Corwin, Crane, Crocket, Darlington, Davis, Davenpoint in 1837: that it did not explicitly state whether port, Deberry, Denny, Dickson, Evans, Everett, the choice as to the payment of bank notes or spe- Ewing, Filmore, Foster, Gamble, Garland, Gholcie was to be given to the debtor, and thus the son, Gordon, Gorham, Grayson, Grennell, Griffin, treasury be obliged to take, in Missouri, the bank Hiland Hall, Hard, Hardin, Harper, Hazeltine, notes of Delaware, though at such a distance, and Heath, Hiester, William Jackson, Ebenezer Jack much under par; or to be given to the public offi-son, Janes, Henry Johnson, Seaborn Jones,Letcher, cer, and he be required to take bank notes only Lewis, Lincoln, Love, Martindale, Marshal, Mewhen at par where offered, and when convertible Comas, McKennan, Mercer, Milligan, Miner, into specie without discount or delay. William B. Shepard, Slade, Spangler, Steele, WilMoore, Phillips, Pickens, Potts, Reed, Robertson, liam P. Taylor, Tompkins, Trumbull, Tweedy, Vance, Vinton, Watmough, Wilde, Williams, Wilson, Wise, and Young." Such, only, in our humble opinion, should have been any new regulation, as to bank notes. Such, and going further in future, and in gradual proportions, until the public dues are all conducted in a constitutional currency, we hope will be some new Mr. Hall said he would not ask for the further legislation at the present session, in a separate bill, reading of the paragraph. The article proceeded or in connection with some other appropriate act. to state that the gentlemen whose names had just We know that inherent difficulties and differences been read, himself among the number, having thus, of opinion exist on this point. We are charitable in 1835, voted in favor of dispensing with the And, after debate, the question was put on the motion made by Mr. Robertson for the recommitment of the bill, and it was decided in the nega. tive-Yeas 91, nays 115." Mr. H. said the journal might perhaps be considered sustaining the view taken by the Globe; but he should show that the journal, if it bore such a construction, was erroneous. The fact was, no by the gentleman from Virginia, (Mr. Robertson,) vote whatever was taken on the instructions moved but the vote which is recorded on the journal was bill to the committee of ways and means-no vote taken on the naked question of recommitting the whatever having been taken on the instructions. Before the vote on Mr. Robertson's proposition was put, Mr. Filmore, of New York, required, as any member, by the rules of the house, had a right to do, that the question of commitment should be separated from the question of instructions, and, the question being divided, the votes for commitment were, yeas 91, nays 115; the 91 ayes being the same gentlemen whose names are given in the Globe. The motion to commit being lost, no quesproof of the facts just stated, Mr. H. read extracts tion could possibly be put on the instructions. In from the three daily papers then published in Washington, giving an account of the proceedings of that day. The extracts were as follows: to recommit the (deposite) bill to the committee of "The question being on Mr. Robertson's motion ways and means, with instructions, &c. Mr. Filmore asked for a division of the question to recommit with instructions. The question was then ordered, on the motion to recommit the bill, and detaken by yeas and nays, which had been previously cided in the negative-Yeas 91, nays 115."-Globe, Feb. 12, 1835. tion, and which, having been put on that part of "Mr. Filmore called for a division of the ques the motion, viz: to recommit the bill,' the motion Feb. 12, 1835. was rejected-Yeas 91, nays 115.""— Telegraph, question, and it was accordingly put; first, simply on recommitment, and decided by yeas and nays as follows, viz: Yeas 91, nays 115. So the house refused to recommit the bill."—Intelligencer, Feb. 12, 1835. "Mr. Filmore now demanded a division of the Mr. Hall said he had called the attention of the clerk of the house to this subject, who, on exami nation, had ascertained that a memorandum of the fact of Mr. Filmore's requiring a division had been on that day, but that, by inadvertance, a notice of made on the minute book kept at the clerk's desk the division was omitted to be inserted in writing appear from a correspondence he had held with the out the journal. The facts he now stated would clerk, which was now read as follows: House of Representatives United States, December 19, 1837. day's date. I handed it over for answer to Mr. SIR: I have received your communication of this Burch, the chief clerk of my office, who writes up the journal of the house. the most perfect respect and esteem, your obedient That answer I herewith enclose; and am, with servant, WALTER S. FRANKLIN, Clerk of the House of Reps. U. S. Hon. HILAND HALL, House of Reps. U. S. Office House of Representatives United States, December 19, 1837. SIR: In answer to the letter of the hon. Hiland Hall, of this date, addressed to you, and which you have referred to me, in which he states that "it appears from the printed journal of the house of February 11, 1835, the bill regulating the deposite of the money of the United States in certain local banks being under consideration, that a question was taken on the motion of Mr. Robertson that the said bill be recommitted to the committee of ways and means, with instructions so to amend the same as to dispense with the agency of banks; and that, on the question to recommit with such instructions, the yeas were 91, nays 115; and suggesting that there is some error in the printed journal, as he is confident he did not give such a vote, I make the following explanatory statement: I have referred to the printed journal of the 11th of February, 1835, and find it stated that the house resumed the consideration of the bill mentioned by Mr. Hall, and that the question recurred on the motion made by Mr. Robertson on the preceding day, that the bill be recommitted to the committtee of ways and means, with the instructions so to amend the same as to dispense with the agency or instrumentality of banks in the fiscal operations of the government, and that the question was put on the motion for "recommitment of the bill," and was decided as Mr. Hall has stated-Yeas 91, nays 115. The entry does not show, as is mentioned in Mr. Hall's letter, that the instructions were involved in the vote, nor was it intended to show it. I have also referred to the short notes or minutes taken by you at the table in the house: from these it appears that immediately previous to the putting the question, Mr. Filmore, of New York, called for a division, so as that the question be put separately on recommitting and on the instructions. REPORT ON THE STATE OF THE TREA- HOUSE OF REPRESENTATIVES, MARCH 23, 1838. the best reasons in the world, that no such question | tinct adjustments of this balance made at the dehad been put. The object he had in in view being partment. The preceding statement includes all thus answered, he would detain the house no longer. the returns of public money known to the treasurer on the 1st of January, and all his drafts prior to that date, whether they had been presented at the various depositories, or were still in circulation.This gives the correct view of the balance which the treasurer could on that day draw for, and is made the basis of our financial estimates for each year. Subsequent to that adjustment, the amounts have been received from the various depositories to the end of the year, which exhibit a balance in favor of the treasury, including the deposites with the states, of $35,961,872 79, instead of $34,940,430 85; making an apparent difference of more than one million of dollars. This is easily explained. Of the drafts drawn by the treasurer before the 1st of January, and deducted in the foregoing statement, $740,000 had not been presented and paid prior to that date, and are consequently not charged in the accounts of the depositories, though credited by the treasurer as outstanding.— And there had been deposited before the 1st of January $280,000 of public money, of which no returns had been received by the treasurer when the balance was ascertained at the treasury, on the 1st of January last. These two items, amounting to $1,020,000, constitute the difference between the two statements. Our estimates must always be founded on the balance as ascertained at the treasury at any particular period, and not on the accounts of the depositories, which exclude all outstanding drafts, and include moneys not reported to the department. By the act of October last, the ten millions of treasury notes authorized to be issued were made receivable in payment for public lands, and for duties. More than three millions of these notes have been already returned in lieu of revenue, and it is probable that, under the operation of this provision, a very large reduction will be made in the revenue of the present year, which must be provided for, either by an anthority to reissue the treasury notes received, or by an issue of others in their place. The Indian branch of the public service still calls, as it has done for some years past, for extraordinary appropriations for removal, subsistence, and hostilities. The annual estimates submitted by the secretary of the treasury in December last, embraced no estimate of the amount which would be required for preventing and suppressing Indian hostilities in 1838. There was drawn from the treasury during the last year for these expenditures $5,600,000, and of the million appropriated at this session for this branch of the service, $900,000 at Mr. Filmore's call for the division is not stated least were paid for the arrearages of 1837; making It is also proper to state that there was to the on the printed journal, but there it is distinctly sta- $6,500,000 for that year. The estimates of the credit of the post office department, on the 1st of ted that the question was on recommitment; that war department, already submitted to the house, January, $457,933 86; which under the act of question failing, the separate question on the in- for the expenses of preventing and suppressing 1836, is not blended with other money in the treastructions could not, consequently, be put. Indian hostilities in 1838, amount to $5,265,000.-sury, but is held for, and exclusively applied to, the The only error, if error it is, is in the omission to An extraordinary appropriation has been also re- service of that department. set forth Mr. Filmore's call for the division; this quired, and has been authorized, of $625,000, for Besides these resources, the treasury held four is sometimes done, as the entries themselves com- the protection of our Canadian frontier. Notwith-millions of postponed custom-house bonds, and six monly show the fact that a question had been di-standing these additional estimates, the current re- millions of United States bank bonds, exclusive of vided; in the present case, the question is expressly sources of the year would, with proper economy, interest. These, with the balances in the treasury, stated to have been on the recommitment. If the be equal to all the demands upon the treasury, in the mint, and due from the late deposite banks, question had involved more than the recommitment, whether for ordinary or extraordinary purposes, made an aggregate of more than sixteen millions, the entry would have gone on to say, with the in- but for two prvisions of the treasury-note act re-independent of the unavailable twenty-eight milstructions aforesaid. If the question on the recom-ferred to; the one authorizing their receipt in pay-lions deposited with the states. mitment had been decided in the affirmative instead ment of public dues, and the other prohibiting the The following are the estimated resources of the of the negative, the question would then have been, treasury from re-issuing them. The result is, that of course, put on the instructions; which would have made it apparent that the question had been divided. In writing up the journal, often at a late hour at night, the different views which it seems now may be taken of the subject did not occur to If the treasury notes authorized by the act of Ocme; and hence, to save what I then deemed super-tober last were not receivable in payment of public flous writing, the omission to enter the call for the dues, the following statements would exhibit the division of the question. condition of our finances for the present year: Your obedient servant, Col. WALTER S. FRANKLIN, Mr. H. did not wish to be understood as intending to cast the slightest imputation on the clerk. He had no doubt whatever that the omission was unintentional, and the explanation of the clerk was perfectly satisfactory. Nor did he wish to be misunderstood in any other particular. In making this explanation of his own vote, he did not mean to intimate an opinion that if, on the occasion referred to, he had voted to recommit the bill with the instructions, that it would necessarily follow he was in favor of passing a bill in conformity with the instructions. On the contrary, he knew that it was a legitimate and parliamentary mode of making opposition to a measure, to endeavor to amend it in such manner that it would lose the support of its original friends, and become unsatisfactory to all sides of the house. He might have given such vote, though opposed to a bill of the character specified in the instructions, as the most effectual means of defeating the bill then under consideration. And there were, doubtless, other grounds on which a vote on a collateral question of this description might be given, without any intention of supporting the bill when it had assumed its amended form. But he would not dwell on this matter. they are returned to the treasury almost as fast as State of the Treasury on the 1st January last. year: Balance in the treasury, applicable Bond of the bank of the United $36,455,154 27 Custom-house bonds postponed Composed of the following items: had been drawn prior 1,011,757 36 In the mint, for the spe- 29,616,368 33 $6,838,785 94 $500,000 00 7,000,000 00 2,000,000 00 2,300,000 00 4,000,000 00 13,000,000 00 3,000,000 00 $31,800,000 00 The first item of charges upon the treasury is the unexpended balances of appropriations for the preceding and former years, which had not been drawn from the treasury prior to the 1st of January last. Two different statements are made by the departments of these unexpended balances: one is made at the second comptroller's office, the other at the register's. The former includes the requisition as soon as they issue from the departments, the latter the warrants after they are issued upon the requisitions. The consequence is a constant and material variation. The statements of these unexpended balances, annually transmitted by the war and navy departments, are of the requisitions upon, and not of, money actually drawn from the trea5,411,364 51 sury. They also embrace the balances which will have been unexpended for more than two years, and which go to the surplus fund at the close of the 572,207 00 year. The register's statement exhibits the amount remaining actually undrawn from the treasury at the close of the year, and of the amount carried to the surplus fund; the former amounted to $16,623845 65, and the latter to $643,459 24; leaving a balance of $16,080,386 41 of undrawn appropriations chargeable upon the treasury on the 1st day of January last. 385,560 92 $6,838,785 94 855,214 43 Mr. H. said it was not his intention to occupy the time of the house in commenting on the evidence he had introduced to show the falsity of the statement in the Giobe. He had shown, he trusted, to the entire satisfaction of the house, that in giving his vote on the 11th of February, 1835, in favor of recommitting a bill, to which he was opposed, to the committee which had reported it-the question being simply "shall the bill be committed?" he had not voted, as had been represented in that paper, "in favor of dispensing with the agency of banks in To prevent erroneous estimates, founded upon the fiscal operations of the government;" in fact, treasury statements which are apparently contrahad not voted at all on that question, and for one of dictory, it is proper to add that there are two dis-Civil and diplomatic $5,760,000 2,050,000 $550,000 Indian hostilities Of which there will probable remain undrawn at the close of the year Probable amount of charges upon the treasury in 1838 4,620,000 thority should be extended to ten millions to meet | statement of the rate or rates at which the same It would appear to be most simple and economi- [Sections 6, 7, 8, and 9 appropriate for expense of printing, &c. of the notes; provide punishment for forgery, &c. of the notes; and require monthly statement of issues to be published.] THE CONSTITUTION of the commonwealth of Pennsylvania, as amended If all the foregoing appropriations are authorized by congress, the demands upon the treasury might exceed the receipts about half a million of dollars, The committee respectfully submit a bill authorindependent of the amount of treasury notes re-izing an issue of treasury notes, in case the public ceived in lieu of revenue. But the extraordinary interests should require it, and to replace those amount of the unexpended balances of appropria- which have been or may be received for public tions, makes it necessary to restrict new appropri- dues into the treasury, according to the provisions ations, as far as it may be practicable, to such of the act of October last. amounts as may be expended within the year or early in the next. They have not been hitherto made sufficiently with a view to the current ex- A bill to authorize the issuing of treasury notes. Sec. I. The legislative power of this commonpenditure of the year. Large sums have been ap Be it enacted, &c. That the president of the Unit-wealth shall be vested in a general asssembly, which propriated, whether the money would be drawn ed States is hereby authorized to cause treasury shall consist of a senate and house of representafrom the treasury in one or more years. At the notes for such sum or sums as the exigencies of the tives. present time, when almost all our officers are em-government may require, but not exceeding, in the Sec II. The representatives shall be chosen anployed in active military service, many of our pub-whole amount of notes issued, the sum of ten mil-nually by the citizens of Philadelphia, and of each lic works cannot be prosecuted with advantage. lions of dollars, and of denominations not less than county respectfully, on the second Tuesday of OcSome of these appropriations, if authorized, must one hundred dollars for any one note, to be prep -tober. The following is a copy of the bill which accom. panied the above report: ARTICLE I. consequently remain almost wholly enexpended ed, signed, and issued in the manner hereinafter Sec. III. No person shall be a representative during the present year. Some may, therefore, provided. who shall not have obtained the age of twenty one be suspended, and others reduced to the extent of SEC. 2. And be it further enacted, That the trea-years, and have been a citizen and inhabitant of the one or two millions, without detriment to the pub-sury notes, authorized to be issued by the first sec-state three years next preceding his election, and lic service, as it is impracticable, at this time, to tion of this act, shall be made payable or redeem- the last year thereof an inhabitant of the [district] devote to these branches of our expenditure the able by the United States, one-third of them in in [and for] which he shall be chosen [a represen skill and talents of our most efficient officers. twelve months, one-third in eighteen months, and tative,] unless he shall have been absent on the With a very moderate reduction of the appro- one-third in two years from the dates on which public business of the United States, or of this priations for the present year, it will only be ne- they shall be issued, respectively; from which said state. cessary to provide means equal to the ainount of dates, for the terms as aforesaid, and no longer, the Sec. IV. Within three years after the first meettreasury notes which have been and may be re- said notes shall bear an interest not exceeding six ing of the general assembly, and within every subceived at our custom-houses and land offices in lieu per centum per annum, and shall be made payable sequent term of seven years, an enumeration of the of revenue. It is not possible to estimate what to order, and transferred by delivery and assign- taxable inhabitants shall be made in such manner amount may be thus returned to the treasury and ment endorsed on the same. The payment of the as shall be directed by law. The number of reprecancelled. Of the six million eight hundred thou- said notes, herein provided for, and the interest sentatives shall at the several periods of making sand dollars heretofore issued, upwards of three which may be due thereon, shall be made at the such enumeration, be fixed by the legislature, and millions have been already paid in, three or four treasury of the United States, to the holders of the apportioned among the city of Philadelphia and the millions more may be, and it is possible that the said notes, respectively, upon presentment; and for several counties, according to the number of taxawhole ten millions might be returned to the treasu-the redemption of the saine, the balances due the ble inhabitants in each. And shall never be less ry and cancelled before the end of the year. Those United States, by bond, or otherwise, from the than sixty nor greater than one hundred. Each which bear a low rate of interest, amounting now Bank of the United States of Pennsylvania, and county shall have at least one representative, but to $4,500,000, will certainly be returned; besides from the late deposite banks, together with the no county hereafter erected shall be entitled to a others at five per cent., the term of which will have faith of the United States, are hereby solemly separate representation until a sufficient number of expired, when the interest ceases, according to the pledged. taxable inhabitants shall be contained within it, to act of October last. Any sudden, though tempo- SEC. 3. And be it further enacted, That the trea-entitle them to one representative, agreeably to the rary revival of trade, creating a desire to make sury notes, authorized by this act, shall be issued at ratio which shall then be established. other investments, would throw almost the whole such times and in such amounts as the public exi- Sec. V. The senators shall be chosen for [three] ten millions into the treasury. It would be unsafe, gencies may require, and shall be paid to the pub-years, by the citizens of Philadelphia and of the under such circumstances, not to authorize the lic creditors or disposed of in such manner as the several counties at the same time, in the same mannotes issued, or to be hereafter issued, under the secretary of the treasury, with the approbation of ner, and at the same places where they shall vote act of October last, to be again paid out, or to pro- the president of the United States, may prescribe; for representatives. vide for an issue of treasury notes equal to the ten and that the secretary of the treasury shall lay bemillions authorized by that act. The treasury may fore congress, at the commencement of the next not require more than six or seven millions to re- session, an account of all the money obtained by place the notes paid in and cancelled, but the au- the sale of the said treasury notes, together with a Sec. VI. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the districts formed as hereinafter di rected, according to the number of taxable inhabitants in each; and shall never be less than onefourth, nor greater than one-third, of the number of representatives. the speaker shall issue writs of election to fill such Sec. XXI. All bills for raising revenue shall originate in the house of representatives, but the Sec. VII. The senators shall be chosen in dis-senate may propose amendments as in other bills. tricts, to be formed by the legislature; [but no dis- Sec. XXII. No money shall be drawn from the trict shall be so formed as to enitle it to elect more treasury but in consequence of appropriation made than two senators, unless the number of taxable in- by law. habitants in any city or county shall, at any time, be such as to enable it to elect more than two, but no city or county shall be entitled to elect more than four senators;] when a district shall be composed of two or more counties, they shall be adjoining: neither the city of Philadelphia nor any county shall be divided in forming a district. Sec. VIII. No person shall be a senator who shall not have attained the age of twenty-five years, and have been a citizen and inhabitant of the state four years next before his election, and the last year thereof an inhabitant of the district for which he shall be chosen, unless he shall have been absent on the public business of the United States, or of this state; [and no person elected as aforesaid shall hold said office after he shall have removed from such district.] Sec. IX. [The senators who may be elected at the first general election after the adoption of the amendments to the constitution, shall be divided by lot into three classes. The seats of the senators of the first class shall be vacated at the expiration of the first year; of the second class at the expiration of the second year; and of the third class at the expiration of the third year; so that thereafter onethird of the whole number of senators may be chosen every year. The senators elected before the amendments to the constitution shall be adopted, shall hold their offices during the terms for which they shall respectively have been elected.] Sec. X. The general assembly shall meet on the first Tuesday of [January,] in every year, unless sooner convened by the governor. Sec. XI. Each house shall choose its speaker and other officers; and the senate shall also choose a speaker pro tempore, when the speaker shall exercise the office of governor. Sec. XII. Each house shall judge of the qualifications of its members. Contested elections shall be determined by a committee, to be selected, formed, and regulated, in such manner as shall be directed by law. A majority of each house shall constitute a quorum to do business; but a small number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members, in such manner and under such penalties as may be provided. Sec. XIII. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of twothirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free state. that may happen in such judicial offices during the recess of the senate, by granting commissions which shall expire at the end of their next session :] Provided, [That in acting on executive nominations the senate shall sit with open doors, and in confirming or rejecting the nominations of the governor, the vote shall be taken by yeas and nays.] Sec. IX. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cases of impeachment. Sec. X. He may require information in writing, from the officers in the executive department, on any subject relating to the duties of their respective offices. Sec. XXIII. Every bill which shall have passed both houses shall be presented to the governor. If he approve he shall sign it, but if he shall not approve it he shall return it with his objections to the house in which it shall have originated, who shall enter the objections at large upon their journals and proceed to reconsider it. If, after such recon- Sec. XI. He shall, from time to time, give to sideration two-thirds of that house shall agree to the general Assembly information of the state of pass the bill, it shall be sent with the objections to the commonwealth, and recommend to their conthe other house, by which likewise it shall be re-sideration such measures as he shall judge expeconsidered, and if approved by two-thirds of that dient. house, it shall be a law. But in such cases the Sec. XII. He may, on extraordinary occasions, votes of both houses shall be determined by yeas convene the general assembly; and in case of disand nays, and the names of the persons voting for agreement between the two houses, with respect to or against the bill, shall be entered on the journals the time of adjournment, adjourn them to such of each house respectively. If any bill shall not time as he shall think proper, not exceeding four be returned by the governor within ten days (Sun- months. days excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the general assembly, by their adjournment, prevented its return, in which case it shall be a law, unless sent back within three days after their next meeting. Sec. XXIV. Every order, resolution or vote to which the concurrence of both houses may be necessary (except on a question of adjournment) shall be presented to the governor, and before it shall take effect, be approved by him, or being disapproved, shall be repassed by two thirds of both houses, according to the rules and limitations prescribed in case of a bill. Sec. XXV. [No corporate body shall be hereafter created, renewed or extended with banking or discounting privileges, without six months' previous public notice of the application for the same, in such manner as shall be prescribed by law. Nor shall any charter for the purposes aforesaid, be granted for a longer period than twenty years, and every such charter shall contain a clause reserving to the legislature the power to alter, revoke or annul the same, whenever in their opinion it may be injurious to the citizens of the commonwealth, in such manner, however, that no injustice shall be done to the corporators. No law hereafter enacted, shall create, renew or extend the charter of more than one corporation.] ARTICLE II. Sec. 1. The supreme executive power of this commonwealth shall be vested in a governor. Sec. II. The governor shall be chosen on the second Tuesday of October, by the citizens of the commonwealth, at the places where they shall respectively vote for representatives. The returns of every election for governor shall be sealed up, and Sec. XIV. [The legislature shall not have power transmitted to the seat of government, directed to to enact laws annulling the contract of marriage the speaker of the senate, who shall open and pubin any case where, by law, the courts of this com-lish them in the presence of the members of both monwealth are, or hereafter may be, empowered to houses of the legislature. The person having the decree a divorce.] highest number of votes shall be governor. But if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of the members of both houses. Contested elections shall be determined by a committee to be selected from both houses of the legislature, and formed and regulated in such manner as shall be directed by law. Sec. XV. Each house shall keep a journal of its proceedings, and publish them weekly, except such parts as may require secrecy; and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journal. Sec. XVI. The doors of each house and of com mittees of the whole shall be open, unless when the business shall be such as ought to be kept secret. Sec. XVII. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two house shall be sitting. tioned in any other place. Sec. III. The governor shall hold his office during three years from the third Tuesday of [January] next ensuing his election, and shall not be capable of holding it longer than [six] in any term of [nine] years. Sec. IV. He shall be at least thirty years of age, and have been a citizen and an inhabitant of this state seven years next before his election; unless he shall have been absent on the public business of the United States, or of this State. Sec. XIII. He shall take care that the laws be faithfully executed. Sec. XIV. In case of the death or resignation of the governor, or his removal from office, the speaker of the senate shall exercise the office of governor, until another governor shall be duly qualified; [but in such case another governor shall be chosen at the next annual election of representatives, unless such death, resignation or removal shall occur within three calendar months immediately preceding such next annual election, in which case a governor shall be chosen at the second succeeding annual election of representatives.] And if the trial of a contested election shall continue longer than until [the third Monday of January] next ensuing the election of governor, the governor of the last year, or the speaker of the senate who may be in the exercise of the execu tive authority shall continue therein until the determination of such contested election, and until a governor shall be [duly] qualified as aforesaid. Sec. XV. [The secretary of the commonwealth] shall keep a fair register of all the official acts and proceedings of the governor, and shall when required lay the same and all papers, minutes and vouchers relative thereto before either branch of the legislature, and shall perform such other duties as shall be enjoined by law. ARTICLE III. Sec. I. [In elections by the citizens, every white freeman of the age of twenty-one years, having resided in this state one year, and in the election district where he offers to vote, ten days immediately preceding such election, and within two years paid a state or county tax, which shall have been assessed at least ten days before the election, shall enjoy the rights of an elector. But a citizen of the United States, who had previously been a qualified voter of this state, and removed therefrom and returned, and who shall have resided in the election district, and paid taxes as aforesaid, shall be entitled to vote, after residing in the state six months:] Provided, [That white freemen, citizens of the United States, between the ages of twenty-one and twenty-two years, and having resided in the state one year, and in the election district ten days as aforesaid, shall be entitled to a vote, although they shall not have paid taxes.] Sec. II. All elections shall be by ballot, except those by persons in their representative capacities, who shall vote viva voce. Sec. III. Electors shall in all cases, except treason, felony, and breach of surety of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from them. ARTICLE IV. (Unaltered.) Sec. I. The house of representatives shall have the sole power of impeaching. Sec. II. All impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or affirmation. No person shall be convicted, without the concurrence of twore-thirds of the members present. Sec. XVIII. The senators and representatives shall receive a compensation for their services to be ascertained by law, and paid out of the treasury of the commonwealth. They shall in all cases, except treason, felony and breach and surety of the peace, be privileged from arrest during their attendance at Sec. V. No member of congress, or person holthe session of their respective houses, and in going ding any office under the United States, or this to and returning from the same. And for any speech stat, shall exercise the office of governor. or debate in either house they shall not be ques- Sec. VI. The governor shall at stated times ceive for his services, a compensation, which shall Sec. XIX. No senator or representative shall. be neither increased nor diminished during the peduring the time for which he shall have been elect- riod for which he shall have been elected. ed, be appointed to any civil office under the com- Sec. VII. He shall be commander-in chief of monwealth, which shall have been created, or the the ariny and navy of this commonwealth, and of emoluments of which shall have been increased the militia, except when they shall be called into during such time; and no member of congress or the actual service of the United States. other person holding any office (except of attorney Sec. VIII. [He shall appoint a secretary of the at law, and in militia) under the United States or in this commonwealth, shall be a member of either house during his continuance in congress or in office. Sec. XX. When vacancies happen in either house, Sec. III. The governor, and all other civil officers under this commonwealth, shall be liable to impeachment for any misdemeanor in office; judgment in such cases, shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit, under this commonwealth; the party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, commonwealth during pleasure, and he shall nom-judgment, and punishment, according to law. inate, and by and with the advice and consent of the senate, appoint all judicial officers of courts of Sec. I. The judicial power of this commonwealth record, unless otherwise provided for in this con- shall be vested in a supreme court, in courts of stitution. He shall have power to fill all vacancies oyer and terminer and general jail delivery, in a ARTICLE V. |