Monday evening, in which I find the following

statement:

"Mr. FILLMORE resumed and continued his remarks on the subject, with the addition of a lengthy argument in favor of a Bank of the United States."

Passing over some evident misapprehensions of your reporter as to the purport of my remarks generally, I wish to say that he is entirely and most singularly mistaken in saying that I made a lengthy argumcut in favor of a United States Bank. I made no rgument in favor of the United States Bank, nor of a United States Bank; but, on the contrary, expressly disclaimed ever having been the particular friend of the United States Bank, and expressed my sincere doubts whether the incorporation of a new United States Bank, at this time, would relieve the present embarrassments.of the community. Will you do me the justice to correct the mistake?

Respectfully, yours,

MILLARD FILLMORE.

Messrs. BLAIR and RIVES.

HOUSE OF REPRESENTATIVES.
TUESDAY, September 26, 1837.

Petitions and memorials were presented by
Mr. CHAPMAN of Alabama.

Mr. JOHNSON of Louisiana, having asked the leave of the House to submit a resolution calling for information from one of the Dopartments

Mr. CHAMBERS rose and asked if there was a quorum present in the House.

The CHAIR having counted, stated that there was no quorum in attendance.

Mr. CHAMBERS then moved a call of the Honse, which was ordered.

The roll kaving been called through, it appeared that there were only 118 members present-no quorum.

The Clerk then proceeded to call the absentees; when,

Mr. HAMER moved that the further proceedings under the call be dispensed with, stating it was very evident that there was a quorum present.

Mr. DUNCAN hoped it would not be dispensed with, as he wished it to be seen, that those who had sat up nearly all night to legislate for the country, were as early on the ground, as those who went home at 6 o'clock in the evening.

The further proceedings under the call were then dispensed with-aves 79, noes not counted.

Mr. EWING of Indiana asked leave to submit the following resolution:

Resolved, That the Secretary of the Treasury be directed, with as little delay as possible, to communicate to this House the quantity of lands sold, the proceeds thereof, and the amount of specie received in part of said proceeds, at the different lind offices, during the past year, and embracing up to the last reported returns of the present; and to designate with as precise a description as the reports of the land offices and depositories of public money may enable him, all the paper, of every kind and denomination, received in payment during said period; the dates when received; whether the same or any other part thereof was in the shape of drafts, checks, notes, bills, or orders, by whom made, when and where payable, the amounts severally, at what land office received, by whom paid into the office, and by whom endorsed, if there were any endor-ers; also, the names and places of the depositories thereof, or, if any, what other disposition has been made of said paper, or any portion, by order of the department

Objection being made, Mr. EWING moved a suspension of the rules for this purpose.

Mr. WILLIAMS of North Carolina called for the reas and nays on this question, which were ordered, and were-yeas 97, nays 76.

So the motion to suspend the rules was determined in the negative, two-thirds not voting therefor.

Petitions and memorials were then presented by Messrs. GOODE and ALLEN f Ohio. Mr. MENIFEE of Kentucky. Mr. STANLY of North Carolina. Messrs. POTTER, TOLAND, and MATHIAS MORRIS, of Pennsylvania.

[Mr. M. MORRIS of Pennsylvania presented the

petition of Samuel Runk, of Bucks county, Pennsylvania, praying for a pension for services rendered during the Revolutionary war.]

Messrs. SLADE and FLETCHER of Vermont. Mr. HALEY of Connecticut. Messrs. CALHOUN, BRIGGS, ADAMS, and HASTINGS of Massachusetts.

Mr. FARRINGTON of New Hampshire. Mr. BIDDLE gave notice that he should on tomorrow ask the leave of the House to submit a resolution on the subject of the report of the Secretary of the Treasury, in relation to the pay of members of Congress in specie, and the discriminations in the payment of public creditors.

Mr. DUNN, on leave, submitted the following resolution; which, by the general consent of the House, was considered and adopted:

Resolved, That the Secretary of the Treasury furnis' to this House a statement of the probable number of bonds that will be renewed or extended under the operation of the bill which has recently passed the Senate giving further time on duty bonds, should the same become a law; also, what fees or charges, if any, are required on the renewal or extension of such bonds; and whether such fees or charges can with propriety be reduced.

Mr. JOHNSON of Louisiana submitted the following resolution, which, by the rule, lies over one day:

Resolved, That the Secretary of War be directed to submit to this House, during the first week of December next, a plan for the protection of the western frontier of the United States against Indian aggression; designating the points to be permanently occupied by garrisons; the auxiliary stations for reserves and deposites of munitions, arms, and other i supplies; the routes to be established for the purpose of maintaining a safe and prompt intercourse between the several stations, and from these with the depots in the interior; and finally the minimum force which, in his opinion, will be required to maintain peace among the several tribes, and cause our border settlements to be respected. Also, to report, as far as the same can be ascertained, the number of Indians who will be in the occupancy of the country west and north of the States of Louisiana, Arkansas, and Missouri, and the number of warriors they may, collectively, be able to bring into he field.

NATIONAL BANK.

The House then proceeded to the consideration of the following resolution, reported from the Committee of Ways and Means on yesterday, it being the business next in order:

Resolved, That it is inexpedient to charter a national bank.

tion.

Mr. REED of Massachusetts, who was entitled to the floor, addressed the House on the subject. He thought the resolution submitted by the chairman of the Committee of Ways and Means was extraordinary; and the speech of that gentleman on yesterday as still more extraordinary. The resolution was, that it was inexpedient to establish a national bank. If it had been that it was inexpedient to legislate on the subject of a national bank at the present session, it might have been reasonable, for every body knew that there was not time at this session to go fully into that quesBut the gentleman from New York had reported a naked resolution of a committee, and then called upon e House to adopt it without debate, excepting that the chairman himself took occasion to tell the gentleman from Kentucky (Mr. Chambers) that a dark cloud was hanging over the friends of a national bank. It appeared to him as astonishing that this question should be presented to the House in this way. Was it intended by it to present opinions to the country in advance, before it was ascertained that a national bank might be desired by the people, and thus endeavor to forestall public opinion? It appeared to him that it was getting to be the custom of the times to present opinions in advance. Former Presidents had consulted their cabinets in relation to great matters like ths, and endeavored to ascertain the wishes of the people of the country in relation thereto; but in these days, the opinions of the President were thrown out in advance; and he could not see the object of this, unless it was to

preclude discussion, and bring Congress to be a mere register of the edicts of the President. He desired to offer an amendment, that it was inexpedient to legislate on the subject of a national bank at the present session of Congress, but he presumed if he submitted it, that it would be cut off by the previous question. If we were to be called upon to vote on this question, we ought to have all the information and light on the subject which could be obtained. It was not his intention to present argument for or against a national bank at present, but he protested against taking opinions and recording votes of gentlemen in advance, without argument, and without information. He therefore moved to postpone this resolution, until the first Monday in December next; when he should be able to meet the chairman of the Committee of Ways and Means on this subject, and he hoped the gentleman would then be able to support it in a better manner than by saying merely that a dark cloud was hanging over the prospects of the friends of a national bank.

Mr. WISE then obtained the floor, but gave

way to

Mr. SERGEANT, who addressed the House at considerable length in opposition to the adoption of the resolution reported from the Committee of Ways and Means. He stated that he had been prevented from attending the meeting of the Committee of Ways and Means when this resolution was before them, in consequence of indisposition, which had also prevented him from taking any part in the important debates which had been going on for some days. He never had, and unless new light should come to him, he never could, as a citizen of the United States, agree to this resolution; but he had no complaint to make in relation to the Chairman of the Committee of Ways and Means, or any one else, in relation to this resolution, because he had ample notice that the subject was to be brought up in committee. Even if he entertained doubts on the subject of this resolution, he should still hesitate as to the propriety of adopting it at this time. It was a great measure, upon which he could see no reason why any man, and especially those who were to act here for the people of the United States for two years to come, should be called upon beforehand to express a decided and conclusive opinion. In his humble judgment, the more proner course would be to allow every member of the body to reserve his opinion until the time comes for acton; action will be preceded by deliberation and by discussion, and he would ask gentlemen-excepting those who had constitutional scruples on the subject-whether they were prepared now to say, that if within the next two years it should become manifest that nothing else than a bank would restore the prosperity of the country, whether they would during that period vote against a national bank? And he would further ask of gentlemen, if hereafter they can be satisfied that a bank can be employed by the Government, and that that bank was the only thing which would be efficient in restoring confide ce in the country, were they prepared now to say they were opposed to it? This would be rasb expression of opinion, and therefore he took it that the proposition suggested by the gentleman froe. Massachusetts was the most discreet one. He would ask what this Congress was called for? It was understood that it was intended to convoke the collected wisdom of the United States, for the purpose of administering, if they could, a remedy for the existing distress. He had regarded that summons as an invitation to remain here but a short time, and the Committee of Ways and Means up to the present day, have continually informed us that there is but a short time for us here; and the general impression of members was that nothing was to be decided on that would not be disposed of without a very protracted debate, but already in the third week in the session, we have been sitting here till midnight, and this he did not consider a proper time to consider and discuss questions of such scope, bearing and consequence as the one which was now before this Locy, What was the state of affairs existing in the country which has caused the convocation of Con gress? There were two kinds of interests which could not be disregarded, and it so happened that these

two united all portions of the country, and they could not be agitated without disturbing the interests of every man, woman, and child in the United States. The fact was, that there was an awful winter before us, when thousands of those who depend on their daily labor for their daily bread are to feel the deplorable condition in which they are placed, by the agitation which has began with the two great interests-the planting and commercial interests of the country. Mr. S. then went into an examination of these two interests, pointing out the manner in which they bore upon all classes of society, and passing a eulogy upon the merchants of the country, and those connected with the mercantile interests.

In relation to the Treasury notes which were proposed to be issued, he took it that they would be something like the notes of the Tennessee banks were, some years ago, to a tavern keeper's son in Kentucky. A gentleman who was formerly in this House, and was subsequently Secretary of War, had told him a story in relation to the difficulty he had in passing Tennessee money along the road. He had stopped at a tavern in Kentucky, and when he weat to pay his bill, the boy who attended to it told what the bill would be in specie, and said he could tell what it would be in the notes of the Commonwealth Bank of Kentucky, which were considerably below par; but he said that these Tennessee notes were neither one nor the other, and he could not tell what they would be worth, and what the bill would be in those notes. Now he imagined that this would be the way with the Treasury notes if they were issued; no one could tell what they would be worth.

He protested against taking a vote on the resolution at this time, because every kind of bank had not been tried; and because they had not, gentlemen ought not to commit themselves against any kind of bank which might be called a national bank. He contended that it was impossible to have a sound and uniform currency from the State institutions, controlled by the different State Legislatures, without some great controlling institution. With regard to the circulation and currency of the country, he thought the people ought to lead the Government and not the Government drive the people; and if the people desired to have paper for circulation and not specie, he thought it was not competent for the Government, according to the genius of our insiitutions, to tell them that they should not have it; and if the people chose to have banks, he thonght it was not for the Government of the United States. to tell the people that they should not have them; and he contended further that the Government should receive that kind of currency which the people desired to have. If the people chose to have tobacco for a

currency, as had been

the case in early times, he would have the Government receive of the people that which they had. In China, they have a currency of bone meials, and if that was the case here, he thought it would be wrong for the Government to refuse to take it; because it would be saying that it would not take that which the people had to give. Mr. S. then read several extracts from a pamphlet published in China, on the subject of the trade of that country, in illustration of the state of affairs existing at present in this country.

Mr. WISE then moved to amend the resolution by adding thereto "at this time." "And be it further resolved that it will be expedient to establish a national bank whenever there is a clear manifestation of public sentiment in favor of such a measure."

Mr. BELL then laid on the table the following, to be submitted as an amendment, which, with the amendment, was ordered to be printed:

"And that the adoption of the plan recommended by the President for the collection and disbursement of the public revenue through the agency of Sub-Treasuries, by means of which the public moneys would be under the unchecked control of officers holding their places at the will of the Executive, and often his mere creatures and dependants, or the establishment of a bank, or any fiscal system in the nature of a bank, founded upon the credit and revenues of the Government, would be in

consistent with the spirit of a free constitution, and dangerous to the liberties of the country."

Mr. POPE then laid on the table the following amendment, to be proposed whenever in order; which, on his motion, was ordered to be printed:

6

"Strike out all after the word 'resolved,' and insert That to aid the fiscal operations of the Government, the business and commerce of the country, to restore public and private confidence, and to ensure to the nation a sound and uniform currency, it is necessary and proper to establish a Bank of the United States, with such capital as may be deemed sufficient, with such limitations and restrictions in the charter as will ensure an equitable distribution of the stock among the States and citizens of the United States alone, prevent excessive issues of notes, exorbitant profits, all interference with the politics of the country, and reserving to Congress the power of preventing and correcting abuses of the charter."

The House, at this stage, on.motion of Mr. CAMBRELENG, passed to the orders of the day. The SPEAKER laid before the House a communication from the Secretary of the Treasury, in answer to certain resolves for all orders issued, and correspondence with the several deposite banks, in reference to the transfer of the payment of the several instalments of deposite to the State Governments, under the deposite act of June, 1836, which, on motion of Mr. BRIGGS, was ordered to lie on the table and be printed.

ADJOURNMENT OF CONGRESS.

The House then took up the joint resolution from the Senate proposing an adjournment of Congress on Monday, the 9th of October.

Mr. BELL designated it as of an extraordinary and unprecedented character, in the situation of the public business, when the Senate must have known that the House had not passed upon one single measure referred to it. Was it intended, he asked, that they should have long night sessions? Was it intended they should act by voting instead of discussion? Was it intended as a rebuke upon the House that it was too slow? Were the Senate to be their masters, speaking thus indirectly? Why, there was nothing parliamentary about the resolution but its form-nothing but the mere parliamentary courtesy-every thing else in it was an insult to the House, since the Senate could not but know that they (the House) had not acted on one of the important measures before them.

Mr. B. well knew the interest felt there by many members for an early adjournment; but he trusted the great body of them would still, whatever their private feelings or interests might be, would yield sufficiently to allow time for discussing the important measures introduced into the House. He therefore moved to lay the resolution on the table.

Mr. CAMBRELENG appealed to the gentleman to withdraw the motion.

Mr. BELL refused.

Mr. HAYNES asked for the yeas and nays thereon, which were ordered.

Mr. REED thought it better to refer the subject to a committee.

Mr. MERCER asked leave to offer a resolution connected with the subject.

The CHAIR remarked that it could not be submitted till this question was decided.

Mr. BELL, at the request of Mr. MERCER, withdrew his motion; and the latter gentleman caused his proposition to be read. It was, in substance, that the Clerk of the House furnish a statement of the daily cost of the session of the two Houses, exclusive of their contingent expenses, and the aggregate cost of mileage of members thereof.

Objection being made from various parts of the hall,

Mr. MERCER moved a suspension of the rule, and asked for the yeas and nays. Both motions were rejected; not one-fifth voting for the call; and the latter without a division.

Mr. BELL then resumed his motion to lay the subject on the table.

Mr. HAYNES asked for the yeas and nays; which were ordered, and were yeas 94, nays 121. So the House refused to lay the subject on the table.

Mr. CAMBRELENG said that under the impression that the House had no disposition to discuss this proposition, he would call for the previous question.

Mr. ADAMS requested the gentleman to withdraw that motion, to enable him to submit an amendment. [Loud cries of "No! no!"]

The House divided, and the Chair announced 90 as seconding the call for the previous question; when

Mr. CAMBRELENG, for the purpose, he said, of avoiding debate at that time, moved to postpone the further consideration of the resolution till Monday next, and that it be made the special order of that day at 11 o'clock. Agreed to.

Mr. ADAMS laid on the table a proposition to amend the resolution, by striking out Monday, the 9th of October, and inserting the first Monday in April next. [Great laughter.]

Mr. MERCER gave notice of his intention, at a proper time, to submit his amendment.

Mr. ROBERTSON laid on the table a projet, in the form of a substitute, for several of the bills before the House, which was in the following words:

SEC. 1. Be it enacted, That until the first day of January, 1839, one moiety of all the public dues of the United States, of every description, may be paid in the notes of any bank or banks whose notes are receivable in the public dues of the State or Territory wherein the same shall be paid: Provided, the current depreciation of such notes, when and where paid, shall not be more than five per cent. below the legal currency of the United States, or if more, that the excess of such depreciation shall be made good to the United States by the person or persons paying the same: And provided, that no notes shall be received, the current depreciation whereof as aforesaid exceeds ten per cent.

SEC. 2. And be it further enacted, That until the said first day of January, 1839, the other moiety of all public dues, and from and after that date, all public dues, of every description, shall be paid, unless otherwise directed by law, in gold or silver, or in the notes of banks which shall not issue or circulate notes or bills of a less denomination than five dollars, and for whose notes gold and silver are payable, and paid on demand; and not otherwise: Provided, however, that this act shall not be construed to prevent the receipts of any kind of land scrip or Treasury certificates now authorized by law to be received for public lands: And provided, also, that it shall not be lawful for the Secretary of the Treasury to make any discrimination in the funds receivable between the different branches of the public revenue, except as is provided in this section, nor to make any discrimination in the funds payable to different public creditors, otherwise than shall be by law specially authorized.

SEC. 3. And be it further enacted, That all receivers of public money, and postmasters, be, and they are hereby, required to keep safely, without lending or using, all the public money collected by them, or otherwise at any time placed in their possession, till the same by law can be conveniently deposited, or shall be otherwise transferred, paid out, or disposed of according to law.

SEC. 4. And be it further enacted, That all marshals, district attorneys, and others having public moneys to pay over, and all patentees or public debtors wishing to make payment to the United States, make the same to the Treasurer in this city, or to the Mint and its branches, when near or convenient; and, when not, may deposite the same with such collector, receiver, or other depository, as may be most conveniently situated, and as may be selected for that purpose by the Socretary of the Treasury, or appointed by law for the reception or safe keeping thereof.

SEC. 5. And be it further enacted, That all public moneys in the possession of any collector or receiver shall, without delay, be specially deposited as hereinafter directed: Provided, There be convenient depositories provided by law for the reception thereof; and where there are no such depositories, the same shall either be drawn out for payments, or be transferred to the next most convenient de pository so provided, for safe keeping, under the direction of the Secretary of the Treasury, or as may be by

law directed, and in the meantime, bonds, new and suitable in their terms, shall in all cases, at as early a day as possible after the passage of this act, be required of all collectors, receivers and depositories, in such sums and form as may be deemed reasonable and secure by the Solicitor of the Treasury, for the performance of all the duties required, or to be required, by law.

SEC. G. And be it further enacted, That the said officers, respectively, may be allowed any necessary additional expenses for clerks, fire-proof chests or vaults, or other necessary expenses of safekeeping, transferring, and disbursing said moneys; all such expenses, of every character, to be first expressly authorized by the Secretary of the Treasury, whose directions upon all the above subjects, by way of regulation and otherwise, are to be strictly fellowed by all the said officers, where not otherwise provided by law.

Sec. 7. And be it further enacted, That the Secretary of the Treasury shall be, and he is hereby, authorized to cause examinations to be made of the books, accounts, and money on hand, of the several officers charged by this act with the safe-keeping, transfer, or other disposition of the public moneys; and for that purpose to appoint special agents, as occasion may require, with such reasonable compensation as he may allow, or as may be allowed by law; which said examinations, in all cases, if there be any such, where the sum on hand usuaily exceeds one fourth of the amount of the officer's bond, shall not be made less frequently than once in each year, and as much more frequently, in those and all other cases, as the Secretary, in his discretion, shall direct, or as may be by law required. The agents selected to make these examinations shall be instructed to examine as well the books, accounts, and returns of the officer, as the money on hand, and the manner of its being kept, to the end that uniformity and accuracy in the accounts, as well as safety to the public moneys, may be secured thereby.

SEC. 8. And be it further enacted, That, in addition to the examinations provided for in the last preceding section, as a further guard over the public moneys, it shall be the duty of each naval office and surveyor, as a check upon the collector of the customs of their respective districts; of each register of a land office, as a check upon the receiver of his land office; and of the director and superintendent of each mint and branch mint, as a check upon the treasurers, respectively, of the sad mints, at the close of each quarter of the year, and as much more frequently as they shall be directed to do so by the Secretary of the Treasury or the law of the land, to examine the books, accounts, returns, and money on hand, of the collectors, receivers, and treasurers, and to make a full, accurate, and faithful return, on oath, to the Treasury Department, of their condition.

SEC. 9. And be it further enacted, That the Secretary of the Treasury shall, with as much expedition and convenience as the public business and the safety of the public funds will permit, withdraw the balances remaining with the late and present depositories of the public moneys, except such deposites as may have been made in the treasuries of the respective States, and confine the safe-keeping, transfer, and disbursemeat of those moneys to the depositories established by this act.

SEC. 10. And be it further enacted, That, for the payment of the expenses authorized by this act, the sum of $- be, and the same is hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated.

SEC. 11. And be it further enacted, That all officers charged by this act with the safe-keeping, transfer, and disbursement of the public money, are hereby required to keep an accurate entry of each sum received, and of the kind of money in which it is received, and of each payment or transfer, and of the kind of currency in which they are made; and that if any one of the said officers hall convert to his own use, in any way whatsoever, or shall use by way of investment in any kind of property or merchandise, or shall lend, with or without interest, any portion of the public moneys entrusted to him for safe-keeping, disbursement, transfer, or for any other purpose, every such act

shall be deemed and adjudged to be an einbezzlement of so much of the said moneys as shall be thus taken, converted, invested, used. or lent, which is hereby declared to be a high misdemeanor; and any officer or person convicted thereof before any court of the United States of competent jurisdiction, shall be sentenced to imprisonment for a term of not less than two, nor more than five years, and to a fine equal to the amount of the money embezzled.

SEC. 12. And be it further enacted, That in all cases where it is made the duty of the Secretary by this act to transfer the public money, or any part thereof, in the hands of public collectors or receivers, to other depositories; and in all other cases where it is necessary or expedient to provide for the safe-keeping of the public money, he shall cause the same to be specially deposited in one or more of the State banks most conveniently situated, which may agree, for reasonable compensation, to receive the same on special deposite, and not as a fund for discounts; to deliver or pay out the same when legally required by the Secretary of the Treasury or the law of the land so to do; to keep an account of the funds deposited, their nature and amount, and to furnish such periodical statements thereof as may be required; Provided, it shall be the duty of the Secretary, in making the selection of a bank or banks, in all cases to give the preference to those which may be the depositories of the public money of the respective States or Terriories in which they are situated.

On motion of Mr. CAMBRELENG, the House then resolved itself into a Committee of the Whole on the state of the Union, Mr. HAYNES in the chair, and resumed the consideration of the bill to POSTPONE THE FOURTH INSTALMENT WITH THE

STATES.

The question pending was on the amendment of Mr. PICKENS to strike from the bill the indefinite clause "till further provision by law," and inser"the first day of January, 1839," with the amendment of Mr. ADAMS, as given in last night's prot ceedings.

Mr. MERCER spoke against the bill, and enterel at large into a review of, and strictures upon, the report of the Secretary of the Treasury.

posite bill.

Mr. RENCHER had been struck with the singular course some gentleman had taken in their opposition to this bill. They had deprecated the deBut if it had not been for the deposite law, where would the whole amount of surplus revenus have been at this time. That law had divested Government of its dangerous patronage, and had enabled the States to scatter blessings around them. In his opinion, if the emergency of the country required the passage of the present bil', we had a right to do it. But he must be satisfied that it was absolutely necessary for the welfare of the country, before he would vote for it. But why did they wish to raise a greater sum than the Secretary required? They were about to place at the disposal of the Secretary double the amount he asked. If they postponed the deposites to the States at all, it would be done for ever. It appeared that the whole expenditure for the preseat year amonnted to forty-eight millions, five of which were said to be unavailable. Thus the whole expenditure of this year exceeded the expenditure of the whole term of the administration of the hono rable gentleman from Massachusetts (Mr. Adams) who was driven from office by the cry of extravagance. If this bill did not pass, he would vote fer the Secretary to have power to issue Treasury

notes.

Some gentlemen had opposed the bill on the ground that it would create a national debt; but whether the bill passed or not, a national debt would be created. We were called upon to defer the payment of merchants' bonds Those bonds would thus be thrown on the revenue of next year; by which time it was to be hoped that commerce would revive and resuscitate its exhausted energies, so as to replenish the Treasury, and enable the Secretary, by the increase of revenue, to absorb the Treasury notes. In two years, at least, the administration would be enabled to redeem those notes, and then we should have no national debt. If the bill did not pass, it was to be hoped that the

Secretary would be able to make available a great portion of the funds which were now said to be unavailable. He was sure that none of the States would refuse to take the notes of their own State banks. He could not vote for the bill, because he believed the State banks would be better able to make arrangements with the States than with the General Government; but the issue of Treasury notes would assist the States, and cause a greater influx of wealth into the Treasury by increasing the revenue, from which means the Secretary would be enabled to redeem them. If the money was not distributed among the States, it was very certain that it would be disposed of by the same extravagant and prodigal expenditures as heretofore. It won'd be expended in the erection of splendid light-houses, to enable vessels to avoid rocks which the pilots themselves could scarcely see in the daytime. It would be wasted in appropriations for splendid public edifices of no use whatever, or for expeditions to the polar circles for the advancement of science. Yes for an Exploring Expedition, at the enormous expense of two millions, more than had been already appropriated, for the purpose of making scientific researches, and ascertaining the different degrees of latitude and longitude in the southern hemisphere, while the people were suffering from the greatest-distress at home. He could not vote for the bill, because he believed it uncalled for by the present condition of the country, and if adopted would not answer the purposes for which it was designed.

Mr. TAYLOR defended the bill, on the ground that it was called for by the exigencies of the Government, and answered the objections urged against it.

Mr. BOND opposed it on the ground that the States would suffer immense losses from the disappointment of their just expectations, in being deprived of that to which they were justly entitled, and which they had every reason to expect. And that although the Secretary might not be able to get specie from the deposite banks, the States would not object to receive the notes of their own banks in payment of their respective shares. He contended that the people were being experimented on in the same way that philosophers experimented on dogs and rabbits, although they frequently died under such experiments.

Mr. BOND continued his remarks. He was in favor of a well regulated national bank for the purpose of regulating the currency. He thought such an institution might be framed, from the experience of the last fifty years, so as to be beneficial to the country. He considered the object of the present Congress was the benefit of the people; but, in his opinion, the bill before them would afford no manner of relief.

[At the close of the gentleman's remarks, a cry of "Question" arose in various parts of the House.] Mr. CAMBRELENG said, that if they would promise the question should be taken that night, he did not mind how late they remained; but if otherwise, he hoped gentlemen would have some consideration for the health of those who had been deprived of their rest last night.

Mr. WISE wished an opportunity to give his reasons for voting against the bill, but if gentlemen would pledge themselves he should be heard tomorrow, he would defer his remarks till then; but he was rather fearful that he could not rely upon pledges. On many occasions he had received a pledge, but when the time arrived, the previous question popped up like the keys of a piano forte.

Mr. EWING spoke at considerable length against the bill. He adverted to the Specie circular, and said that, had he been permitted to offer his resolution that morning, he would have shown that the Specie circular had been made for the people, but was not binding on the favorites of Government. He wished the Government might be taught a little experience from its recent measures, and if it did not learn experience, he was willing to afford it sympathy.

But the course of Government made it obvious that it was determined to take care of itself, and to let the people alone. For his part, he was willing to vote for any measure which would be beneficial to the whole; but he felt prohibited from voting for

any partial measure of relief. Much had been said about the deposite banks having disgraced themselves, as being unable to pay But there was no disgrace attached to them; they were as well able to pay now, as before they suspended specie payments. No, they had not disgraced themselves; it was the Secretary himself who had brought disgrace and dishonor upon them. There had been much talk about western paper, but he would tell them that so far as Indiana was concerned, for every two dollars of paper issued, she had one dollar in specie. She was ready to pay her debts at any time when the Government thought fit to pay her, and she asked for none of the proposed measures of relief, but was ready to pay her share. He was willing to vote for the amendment proposed by the gentleman from Massachusetts, but he would vote for no partial measures of relief. Why did not the House permit him to introduce his resolution, calling for returns from the land offices? He would then show them that there was one law for the people, and another for the favored few who enjoyed the patronage of Government. As an instance, he would mention a case where an order had been issued from the War Department to an officer, but that order was accompanied with a private letter, informing him that he might disobey the order if he thought proper. It was this state of things which he wished to expose. Again, it had been said that a portion of the money due to the Treasury was unavailable; but they might depend upon it, that although they did not choose to make it available to the people, they would speedily find means to make it available to themselves. They had the power to make it available or unavailable, just as they pleased.

Mr. JENIFER wished to give his views on the bill, but was willing to defer his remarks until tomorrow, provided the Chairman of the Committee of Ways and Means would pledge himself that the previous question should not be taken until late in the day.

Mr. CAMBRELENG said he believed there was an understanding that the question on the passage of the bill would not be taken until late in the day. The question was then taken on the amendment proposed by Mr. ADAMS, to that of Mr. Pickens,

VIZ:

"And all the balances of public moneys due from all the deposite banks are hereby appropriated to the said payinent, and no part of them shall be applied to any other payment whatever; and if the portion of the said balances due by the said deposite banks cannot be recovered in time to enable the Treasury to pay the whole of the said deposite with the States, hereby made payable on the first of January, 1839, then the instalment of debt from the late Bank of the United States for the stock in that institution held by the United States, payable in October, 1838, is hereby appropriated to make up any insuficiency of the sums recovered from the deposite banks, 10 complete the said payment of the fourth in almcat of the deposite with the States. And if the said sums, so appropriated, should still prove insufficient to complete the said payment, the faith of the United States is hereby pledged that provision shall be made by Congress to complete

the same."

Ayes 89-noes 104. So the amendment to the amendment was rejected.

The question was then taken on the amendment of Mr. Pickens, viz: to strike out until further provision by law," and insert "the first of January next"-ayes 65, noes not counted.

So the amendment was rejected.

Mr. UNDERWOOD moved to amend the bill by striking out the whole of it, after the enacting clause, and inserting the following:

"That if the funds set apart to be deposited with the States, in virtue of the act of June 23, 1836, shali prove unavailable or insufficient to any extent to meet the provisions of that act, in such case the Secretary of the Treasury is hereby authorized and d rected to sell, and transfer to the purchaser or purchasers, the bonds of the United States Bank of Pennsylvania, or evidences of the debt which the said bank has contracted to pay the United States, for and in consideration of the stock which the United States owned in the late Bank of the United

States, and apply the proceeds of such sale or sales to make up the deficiency; provided, that the said bonds or evidences of debt shall not be sold for less than their par value; and provided, also, that the bonds and evidences of the debt aforesaid, for the first instalment thereof, shall not be disposed of under this act."

The amendment was rejected-ayes 81, noes 107. After the rejection of other amendments offered by Messrs. MASON and MARTIN,

On motion of Mr. CAMBRELENG, The committee rose and reported the bill to the House without amendment.

The SPEAKER presented a Message from the President, forwarding to the House, in compliance with a resolution of the 13th inst. a Report of the Secretary of the Treasury relative to the diplomatic correspondence between the United States and Great Britain, on the subject of the northeastern boundary. Also, copies of diplomatic correspon ience between the United States and Brazil. They were laid on the table, and ordered to be prir ted.

On motion of Mr. CAMBRELENG,
The House adjourned.

IN SENATE,

WEDNESDAY, September 27, 1837. Mr. TIPTON presented a petition, praying the revival of the pre-emption law;

Also a memorial from a committee, appointed by a meeting of the citizens of Marion county, Indiana, complaining of the tardy operations on the Cumberland road, and praying the assistance of a superintendent of the road within that S ate; which were laid on the table.

Mr. M'KEAN presented a memorial from Aaron S. Haines, Thomas Johnson, and one hundred and twelve others, remonstrating against the annexation of Texas; which was laid on the table.

Mr. PRENTISS presented Line memorials from different counties in Vermont, signed by women, remonstrating against the annexation of Texas; which were laid on the table.

Mr. WEBSTER presented a memorial from Laura R. Marsh, daughter of the late Elisha Phelps, of the revolutionary army, for a pension; which was laid on the table.

The resolution submitted by Mr. PRESTON, that the Committee on the Library be instructed to instructed to inquire whether the purchase of Mr. Madison's books, authorized by an appropriation of the last session of Congress, has been made, and if so, that the said committee inquire into and report a plan for the publication of the same, was taken up and agreed to.

On motion of Mr. HUBBARD, the petitions of Lieutenants Lang and Rideway, which were presented by him some days since, and laid on the table, were taken up, and referred to the Committee on Naval Affairs.

SPECIAL ORDER.

The Senate resumed the consideration of the bill imposing certain duties on public officers as depositories in certain cases--the question pending being on Mr. CALHOUN'S amendment.

Mr. WALKER addressed the Senate at some length in favor of the Sub-Treasury system, as a measure the best calculated to relieve the present distressed state of the country.

At the suggestion of Mr. HUBBARD, a verbal modification was made in the amendment of Mr. CALHOUN.

Mr. MORRIS stated that his objection to the amendment of the Senator (Mr. Calhoun) was, that it permitted the reception of bank notes of any description by the Government. He remarked that he was opposed, in toto, to that. He had heretofore expressed his opinion that the Government had no right to discharge or receive their dues in any thing but gold and silver. His object, then, in offering the amendment he did last evening, was to obtain a repeal of the law to which he objected, as soon as could conveniently be done. If the Senator should not think proper to modify his amendment, so as to meet his (Mr. M's) views in this respect, he would ask at the proper time, to strike out the amendment of the Senator from South Carolina.

Mr. CALHOUN replied that he had no objection to provide that no notes under five dollars shall be received.

Mr. C. then made a slight modification of his amendment.

Mr. BENTON rose and said that an objection had been urged against the Sub-Treasury system, on the ground that drafts on the Government might be circulated as a currency like gold and silver. He would therefore offer an amendment to meet the objection.

The following was then sent to the Secretary's desk, and after being read, was laid on the table:

"And be it further enacted, That it shall be the duty of the Secretary of the Treasury to prescribe regulations to enforce the speedy presentation of all Government drafts, for payment, at the place where payable; and in case of unreasonable delay in such presentation, payment of the draft so delayed may be made at any other place within the limits of the United States."

Mr. CALHOUN suggested whether it would not be better that the Senate should now adjourn, in order that Senators might give to the amendment of the Senator from Ohio (Mr. Morris) some little reflection. Besides, this body was far advanced in

the business before them.

Mr. BUCHANAN hoped that an adjournment would not now take place. It was too early an hour, and we should proceed as fast as possible with the business we had to transact.

Mr. CALHOUN disapproved of the time for the adjournment of Congress being fixed at so early a day. An early decision on the matters before Congress was important, but still it was necessary that discussion should be had on them.

He said he was willing to remain here till December or January next, rather than leave this important question unsettled. He would vote for an adjournment for the reasons which he had stated. Mr. CRITTENDEN then rose and delivered his views at length in opposition to the bill. On motion of Mr. WEBSTER, The Senate adjourned.

HOUSE OF REPRESENTATIVES,
WEDNESDAY, September 27, 1837.

The Hon. JOSEPH L. WILLIAMS, a member elect from the State of Tennessee, appeared, qualified, and took his seat.

Petitions and memorials were presented by Messis. GRENNELL, ADAMS, and CALHOUN, of Massachusetts.

Mr. EVERETT, of Vermont.

Mr. MARVIN of New York.

Mr. BIDDLE asked the leave of the House to offer the following resolution:

Resolved, That the report of the Secretary of the Treasury, on the subject of payments in specie, be referred to the Committee of Ways and Means, with instructions to inquire and report how far the discretionary power, now exercised by the Secre tary of the Treasury, may, without prejudice to the public service, be subjected to legislative regulation.

Objection being made,

Mr. BIDDLE then moved a suspension of the rules, and called for the yeas and nays.

Mr. CAMBRELENG said, with permission of the House, he would make a suggestion to the gentleman from Pennsylvania.

Mr. MERCER rose and objected.

Mr. CAMBRELENG. All I wanted to say was that the subject has been already reported upon by the Committee of Ways and Means.

Mr. HAMER wished to ask of the Chair when resolutions would be in order.

The CHAIR replied that the rules of the House presented the order of business. After the presentation of petitions and reports from committees, then resolutions would be in order.

Mr. SMITH rose to make a remarkThe CHAIR. It is not in order to entertain a disscussion on a motion to suspend the rules. Mr. SMITH rose to a question of order. This was a subject that had already been reported on, as we had been informed by the chairman of the Committee of Ways and Means; and this being the

25TH CONG..........1ST SESS.

BY BLAIR & RIVES.

[Continued from No. 5.] case, he wished to inquire if it was in order to open up this subject anew.

The CHAIR said it was in order to move to suspend the rules, and that was the only question he had to decide.

The yeas and nays were then ordered, and the question being taken, was decided in the negative-yeas 83, nays 101, as follows:

YEAS-Messrs. Adams, Alexander, Ayckrigg, Bell, Biddle, Bond, Buchanan, William B. Calhoun, John Calhoon, William B. Campbell, William B. Carter, Chambers, Cheatham, Childs, Corwin. Cranston, Crockett, Curtis, Cushing, Darling ton, Dawson, Davies, Deberry, Dennis, Everett, Ewing, Rich. ard Fletcher, Fry, Goode, James Graham, William Graham, Grennell, Griffin, Hall, Halstead, Harlan, Harper, Hastings, Hawes, Henry, Herod, Henry Johnson, William Cost Johnson, Andrew W. Loomis, Mallory, Marvin, Samson Mason, Maury, Maxwell, McKennan, Menifee, Mercer, Milligan, Matthias Mor ris, Calvary Morris, Naylor, Noyes, Ogle, Patterson, Phillips, Potts, Potter, Rariden, Ridgway, Robertson, Rumsey, Russell, Sergeant, Augustine H. Shepperd, Charles Shepard, Shields, Southgate, Stanley, Stratton, Taliaferro, Toland, Albert S. White, John White, Elisha Whittlesey, Lewis Williams, Sherrod Williams, Joseph L. Williams, Christopher H. Williams, Wise, and Yorke-85.

NAYS-Messrs. John W. Allen, Anderson, Andrews, Atherton, Beatty, Beirne, Bicknell, Birdsall, Boon, Bouldin, Brodhead, Bronson, Bruyn, Cambreleng, Casey, Chaney, Chapman, Cilley, Clark, Cleveland, Clowney, Coles, Connor, Craig, Crary, Cushman, Davee, Farrington, Fairfield, Foster, Gallup, Gholson, Glascock, Grantland, Grant, Gray, Haley, Hammond, Hamer, Harrison, Haynes, Holsey, Hopkins, Howard, Hubley, W. H. Hunter, Ingham, T. B. Jackson, J. Jackson, J. John. son, Kemble, Kilgore, Klingensmith, Lincoln, Logan, Arphaxed Loomis, James M. Mason, Martin, May, McKay, Robert McClellan, Abraham McClellan, McClure, McKim, Miller, Moore, Morgan, Samuel W. Morris, Muhlenberg, Noble, Owens, Parker, Parmenter, Patten, Paynter, Pennybacker, Petriken, Phelps, Pratt, Prentiss, Reed, Reily, Rhett, Richardson, Rives, Sawyer, Shipler, Smith, Snyder, Spencer, Stewart, Thomas, Titus, Toucey, Towns, Turney, Vail, Vanderveer, Wagener, Webster, Weeks, Thomas T. Whittlesey, Jared W. Williams, Worthington, and Yell-101.

Messrs. FRY, NAYLOR, and PAYNTER of Pennsylvania.

Mr. HOWARD of Maryland.
Mr. BOULDIN of Virginia.

Mr. CONNOR of North Carolina.

Mr. POLK, Speaker, of Tennessee.
Mr. GRIFFIN of South Carolina.
Mr. OWENS of Georgia.

[Mr. OWENS presented the memorial of citizens of Camden county, praying the establishment of a mail route from Larysburg to Burnt Fort, in said county.]

Mr. MASON of Ohio.

Mr. SNYDER of Illinois.

Mr LEWIS of Alabama.

Mr. THOMAS, on leave, submitted the following resolution, which was considered and adopted: Resolved, That the Committee on the Judiciary be instructed to inquire what laws will expire with the termination of the present session of Congress, and to report a bill to continue in force such as ought to be extended.

Mr. W. C. JOHNSON of Maryland, on leave, submitted the following resolution, which was considered, and adopted:

Resolved, That the Commissioner of the Public Buildings be, and he is hereby, requested to lay before Congress the plan of the Treasury building now erecting; showing the whole design of the edifice, and its exact location upon the public ground, and its arrangement with the adjacent streets and avenues; and also in his report to say whether it is intended to take down the building now occupied by the State Department, or whether that building is to form a part of the new edifice.

The following resolutions were submitted, which, by a rule of the House, lie over one day, viz: By Mr. WILLIAMS of North Carolina : Resolved, That the Postmaster General be directed to report to this House the expense of transporting the Express Mail, the amount of revenue derived from it, and the regulations adopted for the government thereof.

By Mr. STANLEY:

Resolved, That the Secretary of the Treasury be requested to furnish this House with a statement of the number of Sub-Treasuries which will be required, if the bill imposing additional duties as depositories, in certain cases, on public officers,

MONDAY, OCTOBER 9, 1837.

.WEEKLY.

should become a law; and further, how many new offices must be created, if any; how many new buildings to be erected; and what will be, as nearly as he can estimate, the annual expense of the system; what the salaries to be paid the officers, and what will be the commissions to which they will be entitled.

By Mr. MALLORY:

Resolved, That the Secretary of the Navy be requested to communicate to this House the cause of the detention in the sailing of the Exploring squadron, together with the correspondence between the Department and the commander, and other officers or persons who are now, or have been at any time, attached to that service; and also report what amount of the appropriation made by Congress for that purpose has been expended, and whether an additional sum will not be required within a short period to carry on the expedition.

Br. Mr. EWING:

Resolved, That the Secretary of the Treasury be directed, with as little delay as possible, to communicate to this House the quantity of lands sold, the proceeds thereof, and the amount of specie received in part of said proceeds, at the different land offices, during the past year, and embracing up to the last reported returns of the present; and to designate, with as precise a description as the reports of the land offices and depositories of public money may enable him, all the paper, of everg kind and denomination, received in payment durine said period; the dates when received; whether thf same or any other part thereof was in the shape o drafts, checks, notes, bills, or orders, by whom made, when and where payable, the amounts severally, at what land office received, by whom paid into the office, and by whom endorsed, if there were any endorsers; also, the names and places of the depositories thereof; or, if any, what other disposition has been made of said paper, or any portion, by order of the Department.

NATIONAL BANK.

The House then proceeded to the consideration of the following resolution, reported from the Committee of Ways and Means on the 25th instant, it being the business next in order:

Resslved, That it is inexpedient to charter a national bank.

The question pending was the motion of Mr. WISE to amend the resolution by adding thereto, "at this time. And be it further resolved, that it will be expedient to establish a national bank whenever there is a clear manifestation of public sentiment in favor of such a measure."

Mr. SERGEANT, who was entitled to the floor, stated that he felt greatly indisposed, and would feel obliged if the House would indulge him till

to-morrow.

Mr. CAMBRELENG had understood the report on the Mississippi election to be the first thing in order this morning, and he therefore hoped the above would be postponed till to-morrow. At the suggestion of the Chair, Mr. C. varied his motion so as to postpone it till Saturday morning, and give it precedence over all other business; which was agreed to.

Mr. SMITH of Maine, on leave, submitted a motion to print 5,000 extra copies of the Message of the President, communicating the correspondence in relation to the northeast boundary; which was agreed to.

Mr. ADAMS then asked leave to move to print 5,000 extra copies of the correspondence in relation to Brazil; but it was objected to.

Mr. PATTON, from the Joint Committee on the Library, on leave, reported the following resolution; which was considered and adapted:

Resolved, That the Committee on the Library be instructed to ascertain, whether the purchase of Mr. Madison's work, authorized by an appropriation at the last session of Congress, has been made; and if so, that the said committee inquire into, and report a plan for the publication of the same.

VOLUME 5...........No. 6.

MISSISSIPPI ELECTION.

The House then proceeded to the consideration of the business of the morning hour, being the report of the Committee on Elections, which was accompanied by the following resolution:

Resolved, That Samuel J. Gholson and John F. H. Claiborne, are duly elected members of the 25th Congress, and as such are entitled to take their

seats.

The question was on concurring with the Committee in the above resolution.

Mr. MAURY addressed the Committee at some length in opposition to the resolution. He contended that by the Constitution of the United States, it was made the duty of the Legislature of Mississippi to prescribe the time, places and manner of holding their elections. The Constitution of the United States had made it their specific duty to do so,and if they refused or neglected to exercise the power conferred upon them, it was for Congress to exercise it. It was not in the power of the Governor, he argued, to determine upon the time, places and manner of holding elections; and even if the Legislature of Mississippi had conferred this power upon the Governor, he could not have exercised it legally, because it would have been in contravention of the Constitution of the United States. [He then went into a critical examination of that clause in the Constitution of the United States which says: "When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies," and of the definition of the word "happen," to show that the vacancy which had occurred by the expiration of the term of the two representatives from Mississippi on the third of March last, was not such a vacancy as that contemplated by the framers of the Constitution when they inserted the above clause.] The above clause, in his opinion, only referred to the contingency of a vacancy happening by the death, resignation, or other inability, of a member from a State, and did not refer to the case of the expiration of the term of service of representatives.

He contended, also, that argument as to time would not lie, because the Governor of Mississippi could have assembled the Legislature and had an election held in time enough in the legal and proper mode. He next referred to cases that he considered cases in point, which had occurred in the Senate of the United States, where seats became vacated by the expiration of the term of Senators, and where the Governor had filled such vacancies; and showed that two decisions had been had by the Senate where it refused to permit such Senatoqu appointed to qualify and take their seats, because they declared that the Governor of the State an no power to make a temporary, where the regular term of the member had expired.

Mr. M. concluded by moving to strike out all after the word" Resolved," and inserting "that Samuel J. Gholson and John F. H. Claiborne, not being duly elected members of the House of Representatives, are not entitled to seats on this floor as such."

Mr. PENNYBACKER gave the reasons at some length which had operated upon his mind, as well as that of the majority of the committee, in coming to the conclusion he did. The facts of this case had been set specially by the committee, in their report, and they were briefly and simply these. Messrs. Claiborne and Gholson were members of the 24th Congress. Their term of office expired with that Congress, which was on the 3d of March last. By the election laws of the State of Mississippi, it was provided that the general election for members of Congress, as well as other public functionaries, should take place at the times and places, and in the mode therein specified. The time fixed by that law for the clection of representatives to the Congress of the United States, was the first Monday in November biennially. Then the first Monday in the coming November would be the day it would have taken place, if it had not been for a state of things which was entirely unexpected.