The allusion, of course, was to Mr. Clay, who promptly disavowed all knowledge of this imputed dictatorship. In this interlude between Mr. Clay and Mr. Rives, both members of the same party, the democratic senators took no part; and the subject was dropped, to be followed by a little conversational debate, of kindred interest, growing out of it, between Mr. Archer of Virginia, and Mr. Clay—which appears thus in the Register of Debates:
"Mr.Archer, in rising on the present occasion, did not intend to enter into a discussion on the subject of the President's message. He thought enough had been said on the subject by the two senators who had preceded him, and was disposed, for his part, to let the question be taken without any more debate. His object in rising was to call the attention of the senator from Kentucky to a certain portion of his remarks, in which he hoped the senator, upon reflection,would see that the language used by him had been too harsh. His honorable friend from Kentucky had taken occasion to apply some very harsh observations to the conduct of certain persons who he supposed had instigated the President of the United States in the course he had taken in regard to the bill for chartering the Fiscal Bank of the United States. The honorable senator took occasion to disclaim any allusion to his colleague [Mr.Rives], and he would say beforehand that he knew the honorable senator would except him also."Mr.Claysaid, certainly, sir!"
"Mr.Archer, in rising on the present occasion, did not intend to enter into a discussion on the subject of the President's message. He thought enough had been said on the subject by the two senators who had preceded him, and was disposed, for his part, to let the question be taken without any more debate. His object in rising was to call the attention of the senator from Kentucky to a certain portion of his remarks, in which he hoped the senator, upon reflection,would see that the language used by him had been too harsh. His honorable friend from Kentucky had taken occasion to apply some very harsh observations to the conduct of certain persons who he supposed had instigated the President of the United States in the course he had taken in regard to the bill for chartering the Fiscal Bank of the United States. The honorable senator took occasion to disclaim any allusion to his colleague [Mr.Rives], and he would say beforehand that he knew the honorable senator would except him also.
"Mr.Claysaid, certainly, sir!"
This was not a parliamentary disclaimer, but a disclaimer from the heart, and was all that Mr. Archer could ask on his own account; but he was a man of generous spirit as well as of high sense of honor, and taking up the case of his colleagues in the House, who seemed to be implicated, and could not appear in the chamber and ask for a disclaimer, Mr. Archer generously did so for them; but without getting what he asked for. The Register says:
"Mr.Archer. He would say, however, that the remarks of the senator, harsh as they were, might well be construed as having allusion to his colleagues in the other House. He (Mr. A.) discharged no more than the duty which he knew his honorable colleagues in the other House would discharge towards him were an offensive allusion supposed to be made to him where he could not defend himself, to ask of the honorable senator to make some disclaimer as regarded them."Mr.Clayhere said, no, no."Mr.Archer. The words of the senator were: 'A low, vulgar, and profligate cabal;' which the senator also designated as a kitchen cabinet, had surrounded the President, and were endeavoring to turn out the present cabinet. Now, who would the public suppose to be that low and infamous cabal? Would the people of the United States suppose it to be composed of any other than those who were sent here by the people to represent them in Congress? He asked the senator from Kentucky to say, in that spirit of candor and frankness which always characterized him, who he meant by that cabal, and to disclaim any allusion to his colleagues in the other House, as he had done for his colleague and himself in this body."Mr.Claysaid, if the honorable senator would make an inquiry of him, and stop at the inquiry, without going on to make an argument, he would answer him. He had said this and he would repeat it, and make no disclaimer—that certain gentlemen, professing to be the friends,par excellence, of the President of the United States, had put themselves in opposition to all the leading measures of his administration. He said that rumor stated that a cabal was formed, for the purpose of breaking down the present cabinet and forming a new one; and that that cabal did not amount to enough to make a corporal's guard. He did not say who they were; but he spoke of rumor only. Now, he would ask his friend from Virginia [Mr.Archer] if he never heard of that rumor? If the gentleman would tell him that he never heard of that rumor, it would give him some claims to an answer."Mr.Archerconfessed that he had heard of such a rumor, but he never heard of any evidence to support it."Mr.Clay. I repeat it here, in the face of the country, that there are persons who call themselves,par excellence, the friends of John Tyler, and yet oppose all the leading measures of the administration of John Tyler. I will say that the gentleman himself is not of that cabal, and that his colleague is not. Farther than that, this deponent saith not, and will not say."Mr.Archer. The gentleman has not adverted to the extreme harshness of the language he employed when he was first up, and he would appeal to gentlemen present for the correctness of the version he (Mr. A.) had given of it. The gentleman said there was a cabal formed—a vile kitchen cabinet—low and infamous, who surrounded the President and instigated him to the course he had taken. That was the language employed by the honorable senator. Now suppose language such as this had been used in the other branch of the national legislature, which might be supposed to refer to him (Mr. A.) where he had not an opportunity of defending himself; what would be the course of his colleagues there? The course of those high-minded and honorable men there toward him, would be similar to that he had taken in regard to them."Mr.Clay. Mr. President, did I say one word about the colleagues of the gentleman? I said there was a cabal formed for the purpose of breaking down the present cabinet, and that that cabal did not number a corporal's guard; but I did not say who that cabal was, and do not mean to be interrogated. Any member on this floor has a right to ask me if I alluded to him; but nobody else has. I spoke of rumor only."Mr.Archersaid a few words, but he was not heard distinctly enough to be reported."Mr.Clay. I said no such thing. I said there was a rumor—that public fame had stated that there was a cabal formed for the purpose of removing the cabinet, and I ask the gentleman if he has not heard of that rumor?"Mr.Archer, after some remarks too low to be heard in the gallery, said it was not the words the gentleman had quoted to which he referred. It was the remark of the gentleman that there was a low and infamous cabal—a vile kitchen cabinet—and the gentleman knew that to his view there could not be a more odiousphrase used than kitchen cabinet—and that it was these expressions that he wished an explanation of."Mr.Berriensaid it was the concurrent opinion of all the senators around him, that the senator from Kentucky had spoken of the cabal as a rumor, and as not coming within his own knowledge. He hoped the senator would understand him in rising to make this explanation."Mr.Archersaid he was glad to hear the disclaimer made by the gentleman from Georgia, and he would therefore sit down, under the conviction that the gentleman from Kentucky had made no such blow at his colleagues of the other House, as he had supposed."
"Mr.Archer. He would say, however, that the remarks of the senator, harsh as they were, might well be construed as having allusion to his colleagues in the other House. He (Mr. A.) discharged no more than the duty which he knew his honorable colleagues in the other House would discharge towards him were an offensive allusion supposed to be made to him where he could not defend himself, to ask of the honorable senator to make some disclaimer as regarded them.
"Mr.Clayhere said, no, no.
"Mr.Archer. The words of the senator were: 'A low, vulgar, and profligate cabal;' which the senator also designated as a kitchen cabinet, had surrounded the President, and were endeavoring to turn out the present cabinet. Now, who would the public suppose to be that low and infamous cabal? Would the people of the United States suppose it to be composed of any other than those who were sent here by the people to represent them in Congress? He asked the senator from Kentucky to say, in that spirit of candor and frankness which always characterized him, who he meant by that cabal, and to disclaim any allusion to his colleagues in the other House, as he had done for his colleague and himself in this body.
"Mr.Claysaid, if the honorable senator would make an inquiry of him, and stop at the inquiry, without going on to make an argument, he would answer him. He had said this and he would repeat it, and make no disclaimer—that certain gentlemen, professing to be the friends,par excellence, of the President of the United States, had put themselves in opposition to all the leading measures of his administration. He said that rumor stated that a cabal was formed, for the purpose of breaking down the present cabinet and forming a new one; and that that cabal did not amount to enough to make a corporal's guard. He did not say who they were; but he spoke of rumor only. Now, he would ask his friend from Virginia [Mr.Archer] if he never heard of that rumor? If the gentleman would tell him that he never heard of that rumor, it would give him some claims to an answer.
"Mr.Archerconfessed that he had heard of such a rumor, but he never heard of any evidence to support it.
"Mr.Clay. I repeat it here, in the face of the country, that there are persons who call themselves,par excellence, the friends of John Tyler, and yet oppose all the leading measures of the administration of John Tyler. I will say that the gentleman himself is not of that cabal, and that his colleague is not. Farther than that, this deponent saith not, and will not say.
"Mr.Archer. The gentleman has not adverted to the extreme harshness of the language he employed when he was first up, and he would appeal to gentlemen present for the correctness of the version he (Mr. A.) had given of it. The gentleman said there was a cabal formed—a vile kitchen cabinet—low and infamous, who surrounded the President and instigated him to the course he had taken. That was the language employed by the honorable senator. Now suppose language such as this had been used in the other branch of the national legislature, which might be supposed to refer to him (Mr. A.) where he had not an opportunity of defending himself; what would be the course of his colleagues there? The course of those high-minded and honorable men there toward him, would be similar to that he had taken in regard to them.
"Mr.Clay. Mr. President, did I say one word about the colleagues of the gentleman? I said there was a cabal formed for the purpose of breaking down the present cabinet, and that that cabal did not number a corporal's guard; but I did not say who that cabal was, and do not mean to be interrogated. Any member on this floor has a right to ask me if I alluded to him; but nobody else has. I spoke of rumor only.
"Mr.Archersaid a few words, but he was not heard distinctly enough to be reported.
"Mr.Clay. I said no such thing. I said there was a rumor—that public fame had stated that there was a cabal formed for the purpose of removing the cabinet, and I ask the gentleman if he has not heard of that rumor?
"Mr.Archer, after some remarks too low to be heard in the gallery, said it was not the words the gentleman had quoted to which he referred. It was the remark of the gentleman that there was a low and infamous cabal—a vile kitchen cabinet—and the gentleman knew that to his view there could not be a more odiousphrase used than kitchen cabinet—and that it was these expressions that he wished an explanation of.
"Mr.Berriensaid it was the concurrent opinion of all the senators around him, that the senator from Kentucky had spoken of the cabal as a rumor, and as not coming within his own knowledge. He hoped the senator would understand him in rising to make this explanation.
"Mr.Archersaid he was glad to hear the disclaimer made by the gentleman from Georgia, and he would therefore sit down, under the conviction that the gentleman from Kentucky had made no such blow at his colleagues of the other House, as he had supposed."
Mr. Clay could not disclaim for the Virginia members of the House—that is to say, for all those members. Rumor was too loud with respect to some of them to allow him to do that. He rested upon the rumor; and public opinion justified him in doing so. He named no one, nor was it necessary. They soon named themselves by the virulence with which they attacked him.
The vote was taken on the bill over again, as required by the constitution, and so far from receiving a two-thirds vote, it barely escaped defeat by a simple majority. The vote was 24 to 24; and the yeas and nays were:
"Yeas—Messrs. Barrow, Bates, Bayard, Berrien, Choate, Clay of Kentucky, Dixon, Evans, Graham, Henderson, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Porter, Prentiss, Preston, Simmons, Smith of Indiana, Southard, Tallmadge, White, Woodbridge."Nays—Messrs. Allen, Archer, Benton, Buchanan, Calhoun, Clay of Alabama, Clayton, Cuthbert, Fulton, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Rives, Sevier, Sturgeon, Tappan, Walker, Williams, Woodbury, Wright, Young."
"Yeas—Messrs. Barrow, Bates, Bayard, Berrien, Choate, Clay of Kentucky, Dixon, Evans, Graham, Henderson, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Porter, Prentiss, Preston, Simmons, Smith of Indiana, Southard, Tallmadge, White, Woodbridge.
"Nays—Messrs. Allen, Archer, Benton, Buchanan, Calhoun, Clay of Alabama, Clayton, Cuthbert, Fulton, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Rives, Sevier, Sturgeon, Tappan, Walker, Williams, Woodbury, Wright, Young."
The rejection of the bank bill gave great vexation to one side, and equal exultation to the other. Hisses resounded from the galleries of the Senate: the President was outraged in his house, in the night, by the language and conduct of a disorderly crowd assembled about it. Mr. Woodbury moved an inquiry into the extent of these two disturbances, and their authors; and a committee was proposed to be charged with the inquiry: but the perpetrators were found to be of too low an order to be pursued, and the proceeding was dropped. Some manifestations of joy or sorrow took place, however, by actors of high order, and went into the parliamentary debates. Some senators deemed it proper to make a complimentary visit to Mr. Tyler, on the night of the reception of the veto message, and to manifest their satisfaction at the service which he had rendered in arresting the bank charter; and it so happened that this complimentary visit took place on the same night on which the President's house had been beset and outraged. It was doubtless a very consolatory compliment to the President, then sorely assailed by his late whig friends; and very proper on the part of those who paid it, though there were senators who declined to join in it—among others, the writer of this View, though sharing the exultation of his party. On the other hand the chagrin of the whig party was profound, and especially that of Mr. Clay, its chief—too frank and impetuous to restrain his feelings, and often giving vent to them—generally bitterly, but sometimes playfully. An occasion for a display of the latter kind was found in the occasion of this complimentary visit of democratic senators to the President, and in the offering of Mr. Woodbury's resolution of inquiry into the disturbances; and he amusingly availed himself of it in a brief speech, of which some extracts are here given:
"An honorable senator from New Hampshire [Mr.Woodbury] proposed some days ago a resolution of inquiry into certain disturbances which are said to have occurred at the presidential mansion on the night of the memorable 16th of August last. If any such proceedings did occur, they were certainly very wrong and highly culpable. The chief magistrate, whoever he may be, should be treated by every good citizen with all becoming respect, if not for his personal character, on account of the exalted office he holds for and from the people. And I will here say, that I read with great pleasure the acts and resolutions of an early meeting, promptly held by the orderly and respectable citizens of this metropolis, in reference to, and in condemnation of, those disturbances. But, if the resolution had been adopted, I had intended to move for the appointment of a select committee, and that the honorable senator from New Hampshire himself should be placed at the head of it, with a majority of his friends. And will tell you why, Mr. President. I did hear that about eight or nine o'clock on that same night of the famous 16th of August, there was an irruption on the President's house of the whole loco foco party in Congress; and I did not know but that the alleged disorders might have grown out of or had some connection with that fact. I understand that the whole party were there. No spectacle, I am sure, could have been more supremely amusing and ridiculous. If I could have been in a position in which, without beingseen, I could have witnessed that most extraordinary reunion, I should have had an enjoyment which no dramatic performance could possibly communicate. I think that I can now see the principaldramatis personæwho figured in the scene. There stood the grave and distinguished senator from South Carolina—["Mr.Calhounhere instantly rose, and earnestly insisted on explaining; but Mr.Clayrefused to be interrupted or to yield the floor.]"Mr.Clay. There, I say, I can imagine stood the senator from South Carolina—tall, careworn, with furrowed brow, haggard, and intensely gazing, looking as if he were dissecting the last and newest abstraction which sprung from metaphysician's brain, and muttering to himself, in half-uttered sounds, 'This is indeed a real crisis!' Then there was the senator from Alabama [Mr.King], standing upright and gracefully, as if he were ready to settle in the most authoritative manner any question of order, or of etiquette, that might possibly arise between the high assembled parties on that new and unprecedented occasion. Not far off stood the honorable senators from Arkansas and from Missouri [Mr.Sevierand Mr.Benton], the latter looking at the senator from South Carolina, with an indignant curl on his lip and scorn in his eye, and pointing his finger with contempt towards that senator [Mr.Calhoun], whilst he said, or rather seemed to say, 'He call himself a statesman! why, he has never even produced a decent humbug!'["Mr.Benton. The senator from Missouri was not there."]
"An honorable senator from New Hampshire [Mr.Woodbury] proposed some days ago a resolution of inquiry into certain disturbances which are said to have occurred at the presidential mansion on the night of the memorable 16th of August last. If any such proceedings did occur, they were certainly very wrong and highly culpable. The chief magistrate, whoever he may be, should be treated by every good citizen with all becoming respect, if not for his personal character, on account of the exalted office he holds for and from the people. And I will here say, that I read with great pleasure the acts and resolutions of an early meeting, promptly held by the orderly and respectable citizens of this metropolis, in reference to, and in condemnation of, those disturbances. But, if the resolution had been adopted, I had intended to move for the appointment of a select committee, and that the honorable senator from New Hampshire himself should be placed at the head of it, with a majority of his friends. And will tell you why, Mr. President. I did hear that about eight or nine o'clock on that same night of the famous 16th of August, there was an irruption on the President's house of the whole loco foco party in Congress; and I did not know but that the alleged disorders might have grown out of or had some connection with that fact. I understand that the whole party were there. No spectacle, I am sure, could have been more supremely amusing and ridiculous. If I could have been in a position in which, without beingseen, I could have witnessed that most extraordinary reunion, I should have had an enjoyment which no dramatic performance could possibly communicate. I think that I can now see the principaldramatis personæwho figured in the scene. There stood the grave and distinguished senator from South Carolina—
["Mr.Calhounhere instantly rose, and earnestly insisted on explaining; but Mr.Clayrefused to be interrupted or to yield the floor.]
"Mr.Clay. There, I say, I can imagine stood the senator from South Carolina—tall, careworn, with furrowed brow, haggard, and intensely gazing, looking as if he were dissecting the last and newest abstraction which sprung from metaphysician's brain, and muttering to himself, in half-uttered sounds, 'This is indeed a real crisis!' Then there was the senator from Alabama [Mr.King], standing upright and gracefully, as if he were ready to settle in the most authoritative manner any question of order, or of etiquette, that might possibly arise between the high assembled parties on that new and unprecedented occasion. Not far off stood the honorable senators from Arkansas and from Missouri [Mr.Sevierand Mr.Benton], the latter looking at the senator from South Carolina, with an indignant curl on his lip and scorn in his eye, and pointing his finger with contempt towards that senator [Mr.Calhoun], whilst he said, or rather seemed to say, 'He call himself a statesman! why, he has never even produced a decent humbug!'
["Mr.Benton. The senator from Missouri was not there."]
Mr. Clay had doubtless been informed that the senator from Missouri was one of the senatorial procession that night, and the readiness with which he gave his remarks an imaginative turn with respect to him, and the facility with which he went on with his scene, were instances of that versatility of genius, and presence of mind, of which his parliamentary life was so full, and which generally gave him the advantage in sharp encounters. Though refusing to permit explanations from Mr. Calhoun, he readily accepted the correction from Mr. Benton—(probably because neither Mr. Benton, nor his immediate friends, were suspected of any attempt to alienate Mr. Tyler from his whig friends)—and continued his remarks, with great apparent good humor, and certainly to the amusement of all except the immediate objects of his attention.
"Mr.Clay. I stand corrected; I was only imagining what you would have said if you had been there. Then there stood the senator from Georgia [Mr.Cuthbert], conning over in his mind on what point he should make his next attack upon the senator from Kentucky. On yonder ottoman reclined the other senator from Missouri on my left [Mr.Linn], indulging, with smiles on his face, in pleasing meditations on the rise, growth, and future power of his new colony of Oregon. The honorable senator from Pennsylvania [Mr.Buchanan], I presume, stood forward as spokesman for his whole party; and, although I cannot pretend to imitate his well-known eloquence, I beg leave to make an humble essay towards what I presume to have been the kind of speech delivered by him on that august occasion:"May it please your Excellency: A number of your present political friends, late your political opponents, in company with myself, have come to deposit at your Excellency's feet the evidences of our loyalty and devotion; and they have done me the honor to make me the organ of their sentiments and feelings. We are here more particularly to present to your Excellency our grateful and most cordial congratulations on your rescue of the country from a flagrant and alarming violation of the constitution, by the creation of a Bank of the United States; and also our profound acknowledgments for the veto, by which you have illustrated the wisdom of your administration, and so greatly honored yourself. And we would dwell particularly on the unanswerable reasons and cogent arguments with which the notification of the act to the legislature had been accompanied. We had been, ourselves, struggling for days and weeks to arrest the passage of the bill, and to prevent the creation of the monster to which it gives birth. We had expended all our logic, exerted all our ability, employed all our eloquence; but in spite of all our utmost efforts, the friends of your Excellency in the Senate and House of Representatives proved too strong for us. And we have now come most heartily to thank your Excellency, that you have accomplished for us that against your friends, which we, with our most strenuous exertions, were unable to achieve."
"Mr.Clay. I stand corrected; I was only imagining what you would have said if you had been there. Then there stood the senator from Georgia [Mr.Cuthbert], conning over in his mind on what point he should make his next attack upon the senator from Kentucky. On yonder ottoman reclined the other senator from Missouri on my left [Mr.Linn], indulging, with smiles on his face, in pleasing meditations on the rise, growth, and future power of his new colony of Oregon. The honorable senator from Pennsylvania [Mr.Buchanan], I presume, stood forward as spokesman for his whole party; and, although I cannot pretend to imitate his well-known eloquence, I beg leave to make an humble essay towards what I presume to have been the kind of speech delivered by him on that august occasion:
"May it please your Excellency: A number of your present political friends, late your political opponents, in company with myself, have come to deposit at your Excellency's feet the evidences of our loyalty and devotion; and they have done me the honor to make me the organ of their sentiments and feelings. We are here more particularly to present to your Excellency our grateful and most cordial congratulations on your rescue of the country from a flagrant and alarming violation of the constitution, by the creation of a Bank of the United States; and also our profound acknowledgments for the veto, by which you have illustrated the wisdom of your administration, and so greatly honored yourself. And we would dwell particularly on the unanswerable reasons and cogent arguments with which the notification of the act to the legislature had been accompanied. We had been, ourselves, struggling for days and weeks to arrest the passage of the bill, and to prevent the creation of the monster to which it gives birth. We had expended all our logic, exerted all our ability, employed all our eloquence; but in spite of all our utmost efforts, the friends of your Excellency in the Senate and House of Representatives proved too strong for us. And we have now come most heartily to thank your Excellency, that you have accomplished for us that against your friends, which we, with our most strenuous exertions, were unable to achieve."
After this pleasant impersonation of the Pennsylvania senator, Mr. Clay went on with his own remarks.
"I hope the senator will view with indulgence this effort to represent him, although I am but too sensible how far it falls short of the merits of the original. At all events he will feel that there is not a greater error than was committed by the stenographer of the Intelligencer the other day, when he put into my mouth a part of the honorable senator's speech. I hope the honorable senators on the other side of the chamber will pardon me for having conceived it possible that, amidst the popping of champagne, the intoxication of their joy, the ecstasy of their glorification, they might have been the parties who created a disturbance, of which they never could have been guilty had they waited for their 'sobersecond thoughts.' I have no doubt the very learned ex-Secretary of the Treasury, who conducted that department with such distinguished ability, and such happy results to the country, and who now has such a profound abhorrence of all the taxes on tea and coffee, though, in his own official reports, he so distinctly recommended them, would, if appointed chairman of the committee, have conducted the investigation with that industry which so eminently distinguishes him; and would have favored the Senate with a report, marked with all his accustomed precision and ability, and with the most perfect lucid clearness."
"I hope the senator will view with indulgence this effort to represent him, although I am but too sensible how far it falls short of the merits of the original. At all events he will feel that there is not a greater error than was committed by the stenographer of the Intelligencer the other day, when he put into my mouth a part of the honorable senator's speech. I hope the honorable senators on the other side of the chamber will pardon me for having conceived it possible that, amidst the popping of champagne, the intoxication of their joy, the ecstasy of their glorification, they might have been the parties who created a disturbance, of which they never could have been guilty had they waited for their 'sobersecond thoughts.' I have no doubt the very learned ex-Secretary of the Treasury, who conducted that department with such distinguished ability, and such happy results to the country, and who now has such a profound abhorrence of all the taxes on tea and coffee, though, in his own official reports, he so distinctly recommended them, would, if appointed chairman of the committee, have conducted the investigation with that industry which so eminently distinguishes him; and would have favored the Senate with a report, marked with all his accustomed precision and ability, and with the most perfect lucid clearness."
Mr. Buchanan, who had been made the principal figure in Mr. Clay's imaginary scene, took his satisfaction on the spot, and balanced the account by the description of another night scene, at the east end of the avenue, not entirely imaginary if Dame Rumor may be credited on one side of the question, as well as on the other. He said:
"The honorable senator has, with great power of humor, and much felicity of description, drawn for us a picture of the scene which he supposes to have been presented at the President's house on the ever-memorable evening of the veto. It was a happy effort; but, unfortunately, it was but a fancy sketch—at least so far as I am concerned. I was not there at all upon the occasion. But, I ask, what scenes were enacted on that eventful night at this end of the avenue? The senator would have no cause to complain if I should attempt, in humble imitation of him, to present a picture, true to the life, of the proceedings of himself and his friends. Amidst the dark and lowering clouds of that never-to-be-forgotten night, a caucus assembled in one of the apartments of this gloomy building, and sat in melancholy conclave, deploring the unhappy fate of the whig party. Some rose, and advocated vengeance; 'their voice was still for war.' Others, more moderate, sought to repress the ardent zeal of their fiery compatriots, and advised to peace and prudence. It was finally concluded that, instead of making open war upon Captain Tyler, they should resort to stratagem, and, in the elegant language of one of their number, that they should endeavor 'to head' him. The question was earnestly debated by what means they could best accomplish this purpose; and it was resolved to try the effect of the 'Fiscality' now before us. Unfortunately for the success of the scheme, 'Captain Tyler' was forewarned and forearmed, by means of a private and confidential letter, addressed by mistake to a Virginia coffee-house. It is by means like this that 'enterprises of great pith and moment' often fail. But so desperately intent are the whig party still on the creation of a bank, that one of my friends on this side of the House told me that a bank they would have, though its exchanges should be made in bacon hams, and its currency be small patatoes."
"The honorable senator has, with great power of humor, and much felicity of description, drawn for us a picture of the scene which he supposes to have been presented at the President's house on the ever-memorable evening of the veto. It was a happy effort; but, unfortunately, it was but a fancy sketch—at least so far as I am concerned. I was not there at all upon the occasion. But, I ask, what scenes were enacted on that eventful night at this end of the avenue? The senator would have no cause to complain if I should attempt, in humble imitation of him, to present a picture, true to the life, of the proceedings of himself and his friends. Amidst the dark and lowering clouds of that never-to-be-forgotten night, a caucus assembled in one of the apartments of this gloomy building, and sat in melancholy conclave, deploring the unhappy fate of the whig party. Some rose, and advocated vengeance; 'their voice was still for war.' Others, more moderate, sought to repress the ardent zeal of their fiery compatriots, and advised to peace and prudence. It was finally concluded that, instead of making open war upon Captain Tyler, they should resort to stratagem, and, in the elegant language of one of their number, that they should endeavor 'to head' him. The question was earnestly debated by what means they could best accomplish this purpose; and it was resolved to try the effect of the 'Fiscality' now before us. Unfortunately for the success of the scheme, 'Captain Tyler' was forewarned and forearmed, by means of a private and confidential letter, addressed by mistake to a Virginia coffee-house. It is by means like this that 'enterprises of great pith and moment' often fail. But so desperately intent are the whig party still on the creation of a bank, that one of my friends on this side of the House told me that a bank they would have, though its exchanges should be made in bacon hams, and its currency be small patatoes."
Other senators took the imaginary scene, in which they had been made to act parts, in perfect good temper; and thus the debate on the first Fiscal Bank charter was brought to a conclusion with more amicability than it had been conducted with.
In the course of the consideration of this bill in the Senate, a vote took place which showed to what degree the belief of corrupt practices between the old bank and members of Congress had taken place. A motion was made by Mr. Walker to amend the Fiscal Bank bill so as to prevent any member of Congress from borrowing money from that institution. The motion was resisted by Mr. Clay, and supported by democratic senators on the grounds of the corruptions already practised, and of which repetitions might be expected. Mr. Pierce, of New Hampshire, spoke most fully in favor of the motion, and said:
"It was idle—if it were not offensive, he would say absurd—for gentlemen to discourse here upon theincorruptibilityof members of Congress. They were like other men—and no better, he believed no worse. They were subject to like passions, influenced by like motives, and capable of being reached by similarappliances. History affirmed it. The experience of past years afforded humiliating evidence of the fact. Were we wiser than our fathers? Wiser than the most sagacious and patriotic assemblage of men that the world ever saw? Wiser than the framers of the constitution? What protection did they provide for the country against thecorruptibilityof members of Congress? Why, that no member should hold any office, however humble, which should be created, or the emoluments of which should be increased, during his term of service. How could the influence of a petty office be compared with that of the largebank accommodationswhich had been granted and would be granted again? And yet they were to be told, that in proposing this guard for the whole people, they were fixing an ignominious brand upon themselves and their associates. It seemed to him, that such remarks could hardly be serious; but whether sincere or otherwise, they were not legislating for themselves—not legislating forindividuals—and he felt no apprehension that the mass, whose rights and interests were involved, would consider themselves aggrieved by such abrand."The senator from Pennsylvania [Mr.Buchanan] while pressing his unanswerable argument in favor of the provision, remarked, that should this bill become a law, no member of Congress 'having a proper sense of delicacy andhonor,' with the question ofrepealbefore him, could accept a loan from the Bank. That question of 'delicacy and honor' was one to which he (Mr. P.) did not choose now to address himself. He would, however, be guided by the light of experience, and he would take leave to say, that that light made the path before him, upon this proposition, perfectly luminous. By no vote of his should a provision be stricken from this bill, the omission of which would tend to establish a corrupt and corrupting influence—secret and intangible—in the very bosom of the two Houses whose province and duty it would be to pass upon that great question ofrepeal. What had taken place was liable to occur again. Those who were now here and those who would succeed to their places, were not more virtuous, not more secure from the approach of venality, not more elevated above the influence ofcertain appliances, than their predecessors. Well, what did history teach in relation to the course of members of Congress during that most extraordinary struggle between the Bank and the people for supremacy, which convulsed the whole continent from 1831 to 1834?"He rose chiefly to advert to that page of history, and whether noticed here or not, it would be noticed by his constituents, who, with their children, had an infinitely higher stake in this absorbing question than members of Congress, politicians, or bankers."He read from the bank report presented to the Senate in 1834, by the present President of the United States, 'Senate Documents, second session, twenty-third Congress,' p. 320. From that document it appeared that in 1831 there was loaned to fifty-nine members of Congress, the sum of three hundred and twenty-two thousand one hundred and ninety-nine dollars. In 1832, the year when the bank charter was arrested by the veto of that stern old man who occupied the house and hearts of his countrymen, there was loaned to fifty-four members of Congress, the sum of four hundred and seventy-eight thousand and sixty-nine dollars. In 1833, the memorable panic year, there was loaned to fifty-eight members, three hundred and seventy-four thousand seven hundred and sixty-six dollars. In 1834, hope began to decline with the Bank, and so, also, did its line of discounts to members of Congress; but even in that year the loan to fifty-two members amounted to two hundred and thirty-eight thousand five hundred and eighty-six dollars."Thus in four years of unparalleled political excitement, growing out of a struggle with the people for the mastery, did that institution grant accommodations to two hundred and twenty-three of the people's representatives, amounting to the vast sum of one million four hundred and thirteen thousand six hundred and twenty dollars. He presented no argument on these facts. He would regard it not merely as supererogation, but an insult to the intelligence of his countrymen. A tribunal of higher authority than the executive and Congress combined, would pass upon the question of 'delicacy and honor,' started by the senator from Pennsylvania, and it would also decide whether in the bank to loan was dangerous or otherwise. He indulged no fears as to the decision of the tribunal in the last resort—the sovereign people."
"It was idle—if it were not offensive, he would say absurd—for gentlemen to discourse here upon theincorruptibilityof members of Congress. They were like other men—and no better, he believed no worse. They were subject to like passions, influenced by like motives, and capable of being reached by similarappliances. History affirmed it. The experience of past years afforded humiliating evidence of the fact. Were we wiser than our fathers? Wiser than the most sagacious and patriotic assemblage of men that the world ever saw? Wiser than the framers of the constitution? What protection did they provide for the country against thecorruptibilityof members of Congress? Why, that no member should hold any office, however humble, which should be created, or the emoluments of which should be increased, during his term of service. How could the influence of a petty office be compared with that of the largebank accommodationswhich had been granted and would be granted again? And yet they were to be told, that in proposing this guard for the whole people, they were fixing an ignominious brand upon themselves and their associates. It seemed to him, that such remarks could hardly be serious; but whether sincere or otherwise, they were not legislating for themselves—not legislating forindividuals—and he felt no apprehension that the mass, whose rights and interests were involved, would consider themselves aggrieved by such abrand.
"The senator from Pennsylvania [Mr.Buchanan] while pressing his unanswerable argument in favor of the provision, remarked, that should this bill become a law, no member of Congress 'having a proper sense of delicacy andhonor,' with the question ofrepealbefore him, could accept a loan from the Bank. That question of 'delicacy and honor' was one to which he (Mr. P.) did not choose now to address himself. He would, however, be guided by the light of experience, and he would take leave to say, that that light made the path before him, upon this proposition, perfectly luminous. By no vote of his should a provision be stricken from this bill, the omission of which would tend to establish a corrupt and corrupting influence—secret and intangible—in the very bosom of the two Houses whose province and duty it would be to pass upon that great question ofrepeal. What had taken place was liable to occur again. Those who were now here and those who would succeed to their places, were not more virtuous, not more secure from the approach of venality, not more elevated above the influence ofcertain appliances, than their predecessors. Well, what did history teach in relation to the course of members of Congress during that most extraordinary struggle between the Bank and the people for supremacy, which convulsed the whole continent from 1831 to 1834?
"He rose chiefly to advert to that page of history, and whether noticed here or not, it would be noticed by his constituents, who, with their children, had an infinitely higher stake in this absorbing question than members of Congress, politicians, or bankers.
"He read from the bank report presented to the Senate in 1834, by the present President of the United States, 'Senate Documents, second session, twenty-third Congress,' p. 320. From that document it appeared that in 1831 there was loaned to fifty-nine members of Congress, the sum of three hundred and twenty-two thousand one hundred and ninety-nine dollars. In 1832, the year when the bank charter was arrested by the veto of that stern old man who occupied the house and hearts of his countrymen, there was loaned to fifty-four members of Congress, the sum of four hundred and seventy-eight thousand and sixty-nine dollars. In 1833, the memorable panic year, there was loaned to fifty-eight members, three hundred and seventy-four thousand seven hundred and sixty-six dollars. In 1834, hope began to decline with the Bank, and so, also, did its line of discounts to members of Congress; but even in that year the loan to fifty-two members amounted to two hundred and thirty-eight thousand five hundred and eighty-six dollars.
"Thus in four years of unparalleled political excitement, growing out of a struggle with the people for the mastery, did that institution grant accommodations to two hundred and twenty-three of the people's representatives, amounting to the vast sum of one million four hundred and thirteen thousand six hundred and twenty dollars. He presented no argument on these facts. He would regard it not merely as supererogation, but an insult to the intelligence of his countrymen. A tribunal of higher authority than the executive and Congress combined, would pass upon the question of 'delicacy and honor,' started by the senator from Pennsylvania, and it would also decide whether in the bank to loan was dangerous or otherwise. He indulged no fears as to the decision of the tribunal in the last resort—the sovereign people."
Mr. Clay remarked that the greater part of these loans were made to members opposed to the bank. Mr. Buchanan answered, no doubt of that. A significant smile went through the chamber, with inquiries whether any one had remained opposed? The yeas and nays were called upon the question—and it was carried; the two Virginia senators, Messrs. Archer and Rives, and Mr. Preston, a Virginian by birth, voting with the democracy, and making the vote 25 yeas to 24 nays. The yeas were: Messrs. Allen, Archer, Benton, Buchanan, Calhoun, Clay of Alabama, Cuthbert, Fulton, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Preston, Rives, Sevier, Smith of Connecticut, Sturgeon, Tappan, Walker, Williams, Woodbury, Wright and Young. The nays were: Messrs. Barrow, Bates, Berrien, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, Huntingdon, Leeds Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Simmons, Smith of Indiana, Southard, Tallmadge, White, Woodbridge. This vote, after the grounds on which the question was put, was considered an explicit senatorial condemnation of the bank for corrupt practices with members of Congress.
This second attempt at a fiscal bill has two histories—one public and ostensible—the other secret and real: and it is proper to write them both, for their own sakes, and also to show in what manner the government is worked. The public history will be given first, and will be given exclusively from a public source—the debates of Congress. We begin with it as it beginsthere—an extemporaneous graft upon a neglected bill lying on the table of the House of Representatives. Early in the session a bill had been brought in from a select committee on the "currency," which had not been noticed from the time of its introduction. It seemed destined to sleep undisturbed upon the table to the end of the session, and then to expire quietly upon lapse of time. Soon after the rejection of the first fiscal under the qualified veto of the President, Mr. Sergeant of Pennsylvania moved the House (when in that state which is called Committee of the Whole) to take up this bill for consideration: which was done as moved. Mr. Sergeant then stated that, his intention was to move to amend that bill by striking out the whole of it after the enacting clause, and inserting a new bill, which he would move to have printed. Several members asked for the reading of the new bill, or a statement of its provisions; and Mr. Sergeant, in compliance with these requests, stood up and said:
"That, as several inquiries had been made of him with regard to this bill, he would now proceed to make a short statement, to show in what respects it differed from that recently before this House. He would say, first, that there were two or three verbal errors in this bill, and there were words, in two or three places, which he thought had better have been left out, and which were intended to have been omitted by the committee. There were several gentlemen in the present Congress who entertained extreme hostility to the word 'bank,' and, as far as he was concerned, he felt every disposition to indulge their feelings; and he had therefore endeavored throughout this bill to avoid using the word 'bank.' If that word anywhere remained as applicable to the being it was proposed to create by this law, let it go out—let it go out. Now the word 'corporation' sounded well, and he was glad to perceive it gave pleasure to the House. At all events, they had a newwordto fight against. Now the difference between this bill and that which passed this House some days ago, would be seen by comparison. The present differed from the other principally in three or four particulars, and there were some other parts of the bill which varied, in minor particulars, from that which had been before the House a few days ago. Those differences gentlemen would have no difficulty in discovering and understanding when the bill should have been printed. He would now proceed to answer the inquiries of gentlemen in reference to this bill. Mr. S. then stated the following as the substantial points of difference between the two bills:"1. The capital in the former bill was thirty millions, with power to extend it to fifty millions. In this bill twenty-one millions, with power to extend it to thirty-five millions. 2. The former bill provided for offices of discount and deposit. In this there are to be agencies only. 3. The dealings of the corporation are to be confined to buying and selling foreign bills of exchange, including bills drawn in one State or territory, and payable in another. There are to be no discounts. 4. The title of the corporation is changed."
"That, as several inquiries had been made of him with regard to this bill, he would now proceed to make a short statement, to show in what respects it differed from that recently before this House. He would say, first, that there were two or three verbal errors in this bill, and there were words, in two or three places, which he thought had better have been left out, and which were intended to have been omitted by the committee. There were several gentlemen in the present Congress who entertained extreme hostility to the word 'bank,' and, as far as he was concerned, he felt every disposition to indulge their feelings; and he had therefore endeavored throughout this bill to avoid using the word 'bank.' If that word anywhere remained as applicable to the being it was proposed to create by this law, let it go out—let it go out. Now the word 'corporation' sounded well, and he was glad to perceive it gave pleasure to the House. At all events, they had a newwordto fight against. Now the difference between this bill and that which passed this House some days ago, would be seen by comparison. The present differed from the other principally in three or four particulars, and there were some other parts of the bill which varied, in minor particulars, from that which had been before the House a few days ago. Those differences gentlemen would have no difficulty in discovering and understanding when the bill should have been printed. He would now proceed to answer the inquiries of gentlemen in reference to this bill. Mr. S. then stated the following as the substantial points of difference between the two bills:
"1. The capital in the former bill was thirty millions, with power to extend it to fifty millions. In this bill twenty-one millions, with power to extend it to thirty-five millions. 2. The former bill provided for offices of discount and deposit. In this there are to be agencies only. 3. The dealings of the corporation are to be confined to buying and selling foreign bills of exchange, including bills drawn in one State or territory, and payable in another. There are to be no discounts. 4. The title of the corporation is changed."
This was Friday, the 20th of August. The next day—the bill offered in amendment by Mr. Sergeant having been printed and the House gone into committee—that member moved that all debate upon it in committee of the whole should cease at 4 o'clock that afternoon, and then proceed to vote upon the amendments which might be offered, and report those agreed upon to the House. And having moved this in writing, he immediately moved the previous question upon it. This was sharp practice, and as new as sharp. It was then past 12 o'clock. Such rapidity of proceeding was a mockery upon legislation, and to expose it as such, Mr. Roosevelt of New York moved to amend the time by substituting, instanter, for 4 o'clock, remarking that they might as well have no time for discussion as the time designated. Several members expressing themselves to the same effect, Mr. Sergeant extended the time to 4 o'clock on Monday evening. The brevity of the time was still considered by the minority, and justly, as a mockery upon legislation; and their opinions to that effect were freely expressed. Mr. Cave Johnson asked to be excused from voting on Mr. Sergeant's resolution, giving for the reason that the amendment was a new bill just laid upon the table of members, and that it would be impossible for them to act understandingly upon it in the short time proposed. Mr. Charles Brown of Pennsylvania also asked to be excused from voting, saying that the amendment was a bill of thirty-eight printed pages—that it had only been laid upon their tables ten minutes when the motion to close the debate at 4 o'clock was made—and that it was impossible to act upon it with the care and consideration due to a legislative act, and to one of this momentous importance, and which was to create a great fiscalcorporation with vast privileges, and an exclusive charter for twenty years. Mr. Rhett of South Carolina asked to be in like manner excused, reducing his reasons to writing, in the form of a protest. Thus:
"1. Because the rule by which the resolution is proposed is a violation of the spirit of the Constitution of the United States, which declares that the freedom of speech and of the press shall not be abridged by any law of Congress. 2. Because it destroys the character of this body as a deliberative assembly: arightto deliberate and discuss measures being no longer in Congress, but with the majority only. 3. Because it is a violation of the rights of the people of the United States, through their representatives, inherited from their ancestors, and enjoyed and practised time immemorial, to speak to the taxes imposed on them, when taxes are imposed. 4. Because by the said rule, a bill may be taken up in Committee of the Whole, be immediately reported to the House, and, by the aid of the previous question, be passed into a law, without one word of debate being permitted or uttered. 5. Because free discussion of the laws by which the people are governed, is not only essential to right legislation, but is necessary to the preservation of the constitution, and the liberties of the people; and to fear or supress it is the characteristic of tyrannies and tyrants only. 6. Because the measure proposed to be forced through the House within less than two days' consideration is one which deeply affects the integrity of the constitution and the liberties of the people; and to pass it with haste, and without due deliberation, would evince a contemptuous disregard of either, and may be a fatal violation of both."
"1. Because the rule by which the resolution is proposed is a violation of the spirit of the Constitution of the United States, which declares that the freedom of speech and of the press shall not be abridged by any law of Congress. 2. Because it destroys the character of this body as a deliberative assembly: arightto deliberate and discuss measures being no longer in Congress, but with the majority only. 3. Because it is a violation of the rights of the people of the United States, through their representatives, inherited from their ancestors, and enjoyed and practised time immemorial, to speak to the taxes imposed on them, when taxes are imposed. 4. Because by the said rule, a bill may be taken up in Committee of the Whole, be immediately reported to the House, and, by the aid of the previous question, be passed into a law, without one word of debate being permitted or uttered. 5. Because free discussion of the laws by which the people are governed, is not only essential to right legislation, but is necessary to the preservation of the constitution, and the liberties of the people; and to fear or supress it is the characteristic of tyrannies and tyrants only. 6. Because the measure proposed to be forced through the House within less than two days' consideration is one which deeply affects the integrity of the constitution and the liberties of the people; and to pass it with haste, and without due deliberation, would evince a contemptuous disregard of either, and may be a fatal violation of both."
Besides all other objections to this rapid legislation, it was a virtual violation of the rules of the House, made under the constitution, to prevent hasty and inconsiderate, or intemperate action; and which requires a bill to be read three times, each time on a different day, and to be voted upon each time. Technically an amendment, though an entire new bill, is not a bill, and therefore, is not subject to these three readings and votings: substantially and truly, such an amendment is a bill; and the reason of the rule would require it to be treated as such.
Other members asked to be excused from voting; but all being denied that request by an inexorable majority, Mr. Pickens of South Carolina stood up and said: "It is now manifest that the House does not intend to excuse any member from voting. And as enough has been done to call public attention to the odious resolution proposed to be adopted, our object will have been attained: and I respectfully suggest to our friends to go no further in this proceeding!" Cries of "agreed! agreed!" responded to this appeal; and the motion of Mr. Sergeant was adopted. He, himself, then spoke an hour in support of the new bill—one hour of the brief time which was allowed for discussion. Mr. Wise occupied the remainder of the evening against the bill. On Monday, on resuming its consideration, Mr. Turney of Tennessee moved to strike out the enacting clause—which, if done, would put an end to the bill. The motion failed. Some heated discussion took place, which could hardly be called a debate on the bill; but came near enough to it to detect its fraudulent character. It was the old defunct Bank of the United States, in disguise, to come to life again in it. That used-up concern was then in the hands of justice, hourly sued upon its notes, and the contents collected upon execution; and insolvency admitted. It could not be named in any charter: no reference could be made to it by name. But there was a provision in the amended bill to permit it to slip into full life, and take the whole benefit of the new charter. Corporations were to be allowed to subscribe for the stock: under that provision she could take all the stock—and be herself again. This, and other fraudulent provisions were detected: but the clock struck four! and the vote was taken, and the bill passed—125 to 94. The title of the original bill was then amended to conform to its new character; and, on the motion of Mr. Sergeant was made to read in this wise: "An act to provide for the better collection, safe keeping, and disbursement of the public revenue, by means of a corporation to be styled the Fiscal Corporation of the United States." Peals of laughter saluted the annunciation of this title; and when it was carried to the Senate, as it immediately was, for the concurrence of that body, and its strange title was read out, ridicule was already lying in wait for it; and, under the mask of ridicule, an attack was made upon its real character, as the resuscitation of Mr. Biddle's bank: and Mr. Benton exclaimed—
"Heavens what a name! long as the moral law—half sub-treasury, and half national bank—and all fraudulent and deceptive, to conceal what it is; and entirely too long. The name is toolong. People will never stand it. They cannot go through all that. We must have something shorter—something that will do for every day use. Corporosity! that would be a great abridgment; but it is still too long. It is five syllables, and people will not go above two syllables, or three at most, and often hang at one, in names which have to be incontinently repeated. They are all economical at that, let them be as extravagant as they may be in spending their money. They will not spend their breath upon long names which have to be repeated every day. They must have something short and pointed; and, if you don't give it to them, they will make it for themselves. The defunct Fiscal Bank was rapidly taking the title of fiscality; and, by alliteration, rascality; and if it had lived, would soon have been compendiously and emphatically designated by some brief and significant title. The Fiscal Corporation cannot expect to have better luck. It must undergo the fate of all great men and of all great measures, overburdened with titles—it must submit to a short name. There is much virtue in a name; and the poets tell us there are many on whose conception Phœbus never smiled, and at whose birth no muse, or grace, was present. In that predicament would seem to be this intrusive corporosity, which we have received from the other House, and sent to our young committee, and which has mutation of title without alteration of substance, and without accession of euphony, or addition of sense. Some say a name is nothing—that a rose by any other name would smell as sweet. So it will; and a thorn by any other name would stick as deep. And so of these fiscals, whether to be called banks or corporations. They will still be the same thing—a thorn in our side—but a short name they must have. This corporosity must retrench its extravagance of title."I go for short names, and will give reasons for it. The people will have short names, although they may spoil a fine one; and I will give you an instance. There was a most beautiful young lady in New Orleans some years ago, as there always has been, and still are many such. She was aCreole, that is to say, born in this country, of parents from Europe. A gentleman who was building a superb steamboat, took it into his head to honor this young lady, by connecting her name with his vessel; so he bestowed upon it the captivating designation ofLa Belle Creole. This fine name was painted in golden letters on the sides of his vessel; and away she went, with three hundred horse power, to Kentucky and Ohio. The vessel was beautiful, and the name was beautiful, and the lady was beautiful; but all the beauty on earth could not save the name from the catastrophe to which all long titles are subjected. It was immediately abbreviated, and, in the abbreviation, sadly deteriorated. At first, they called her thebell—not the Frenchbelle, which signifies fine or beautiful—but the plain Englishbell, which in the Holy Scriptures, was defined to be a tinkling cymbal. This was bad enough; but worse was coming. It so happens that the vernacular pronunciation ofcreole, in the Kentucky waters, is cre-owl; so they began to call this beautiful boat thecre-owl! but things did not stop here. It was too extravagant to employ two syllables when one would answer as well, and be so much more economical; so the first half of the name was dropped, and the last retained; and thusLa Belle Creole—the beautiful creole—sailed up and down the Mississippi all her life by the name, style, title, and description of,The Owl! (Roars of laughing in the Senate, with exclamations from several, that it was a good name for a bank—that there was an Owl-Creek Bank in Ohio once, now dead and insolvent, but, in its day, as good as the best.)"Mr. B. continued. I do not know whether owl will do for this child of long name, and many fathers; but we must have a name, and must continue trying till we get one. Let us hunt far and wide. Let us have recourse to the most renowned Æsop and his fables, and to that one of his fables which teaches us how an old black cat succeeded in getting at the rats again after having eaten up too many of them, and become too well known, under her proper form, to catch any more. She rolled herself over in a meal tub—converted her black skin into white—and walked forth among the rats as a new and innocent animal that they had never seen before. All were charmed to see her! but a quick application of teeth and claws to the throats and bellies of the rats, let them see that it was their old acquaintance, the black cat; and that whitening the skin did not alter the instincts of the animal, nor blunt the points of its teeth and claws. The rats, after that, called her the meal-tub cat, and the mealy cat. May we not call this corporosity the meal-tub bank? A cattish name would certainly suit it in one particular; for, like a cat, it has many lives, and a cat, you know, must be killed nine times before it will die; so say the traditions of the nursery; and of all histories the traditions of children are the most veracious. They teach us that cats have nine lives. So of this bank. It has been killed several times, but here it is still, scratching, biting, and clawing. Jackson killed it in 1832; Tyler killed it last week. But this is only a beginning. Seven times more theFatesmust cut the thread of its hydra life before it will yield up the ghost."The meal tub! No insignificant, or vulgar name. It lives in history, and connects its fame with kings and statesmen. We all know the Stuarts of England—an honest and bigoted race in the beginning, but always unfortunate in the end. The second Charles was beset by plots and cabals. There were many attempts, or supposed attempts to kill him; many plots against him, and some very ridiculous; among the restone which goes by the name of the meal-tub plot; because the papers which discovered it were found in the meal-tub where the conspirators, or their enemies, had hid them."Sir, I have given you a good deal of meal this morning; but you must take more yet. It is afruitfultheme, and may give us a good name before we are done with it. I have a reminiscence, as the novel writers say, and I will tell it. When a small boy, I went to school in a Scotch Irish neighborhood, and learnt many words and phrases which I have not met with since, but which were words of great pith and power; among the rest shake-poke. (Mr.Archer: I never heard that before.) Mr.Benton: but you have heard of poke. You know the adage: do not buy a pig in the poke; that is to say, in the bag; for poke signifies bag, or wallet, and is a phrase much used in the north of England, and among the Scotch Irish in America. A pig is carried to market in a poke, and if you buy it without taking it out first, you may be 'taken in.' So corn is carried to a mill in a poke, and when brought home, ground into meal, the meal remains in the poke, in the houses of poor families, until it is used up. When the bag is nearly empty, it is turned upside down, and shaken; and the meal that comes out is called the shake-poke, that is to say, the last shake of the bag. By an easy and natural metaphor, this term is also applied to the last child that is born in a family; especially if it is puny or a rickety concern. The last child, like the last meal, is called a shake-poke; and may we not call thisfiscalous corporationa shake-poke also, and for the same reason? It is the last—the last at all events for the session! it is the last meal in their bag—their shake-poke! and it is certainly a rickety concern."I do not pretend to impose a name upon this bantling; that is a privilege of paternity, or of sponsorship, and I stand in neither relation to this babe. But a name of brevity—of brevity and significance—it must have; and, if the fathers and sponsors do not bestow it, the people will: for a long name is abhorred and eschewed in all countries. Remember the fate of John Barebone, the canting hypocrite in Cromwell's time. He had a very good name, John Barebone; but the knave composed a long verse, like Scripture, to sanctify himself with it, and intituled himself thus:—'Praise God, Barebone, for if Christ had not died for you, you would be damned, Barebone.' Now, this was very sanctimonious; but it was too long—too much of a good thing—and so the people cut it all off but the last two words, and called the fellow 'damned Barebone,' and nothing else but damned Barebone, all his life after. So let this corporosity beware: it may get itself damned before it is done with us, and Tyler too."
"Heavens what a name! long as the moral law—half sub-treasury, and half national bank—and all fraudulent and deceptive, to conceal what it is; and entirely too long. The name is toolong. People will never stand it. They cannot go through all that. We must have something shorter—something that will do for every day use. Corporosity! that would be a great abridgment; but it is still too long. It is five syllables, and people will not go above two syllables, or three at most, and often hang at one, in names which have to be incontinently repeated. They are all economical at that, let them be as extravagant as they may be in spending their money. They will not spend their breath upon long names which have to be repeated every day. They must have something short and pointed; and, if you don't give it to them, they will make it for themselves. The defunct Fiscal Bank was rapidly taking the title of fiscality; and, by alliteration, rascality; and if it had lived, would soon have been compendiously and emphatically designated by some brief and significant title. The Fiscal Corporation cannot expect to have better luck. It must undergo the fate of all great men and of all great measures, overburdened with titles—it must submit to a short name. There is much virtue in a name; and the poets tell us there are many on whose conception Phœbus never smiled, and at whose birth no muse, or grace, was present. In that predicament would seem to be this intrusive corporosity, which we have received from the other House, and sent to our young committee, and which has mutation of title without alteration of substance, and without accession of euphony, or addition of sense. Some say a name is nothing—that a rose by any other name would smell as sweet. So it will; and a thorn by any other name would stick as deep. And so of these fiscals, whether to be called banks or corporations. They will still be the same thing—a thorn in our side—but a short name they must have. This corporosity must retrench its extravagance of title.
"I go for short names, and will give reasons for it. The people will have short names, although they may spoil a fine one; and I will give you an instance. There was a most beautiful young lady in New Orleans some years ago, as there always has been, and still are many such. She was aCreole, that is to say, born in this country, of parents from Europe. A gentleman who was building a superb steamboat, took it into his head to honor this young lady, by connecting her name with his vessel; so he bestowed upon it the captivating designation ofLa Belle Creole. This fine name was painted in golden letters on the sides of his vessel; and away she went, with three hundred horse power, to Kentucky and Ohio. The vessel was beautiful, and the name was beautiful, and the lady was beautiful; but all the beauty on earth could not save the name from the catastrophe to which all long titles are subjected. It was immediately abbreviated, and, in the abbreviation, sadly deteriorated. At first, they called her thebell—not the Frenchbelle, which signifies fine or beautiful—but the plain Englishbell, which in the Holy Scriptures, was defined to be a tinkling cymbal. This was bad enough; but worse was coming. It so happens that the vernacular pronunciation ofcreole, in the Kentucky waters, is cre-owl; so they began to call this beautiful boat thecre-owl! but things did not stop here. It was too extravagant to employ two syllables when one would answer as well, and be so much more economical; so the first half of the name was dropped, and the last retained; and thusLa Belle Creole—the beautiful creole—sailed up and down the Mississippi all her life by the name, style, title, and description of,The Owl! (Roars of laughing in the Senate, with exclamations from several, that it was a good name for a bank—that there was an Owl-Creek Bank in Ohio once, now dead and insolvent, but, in its day, as good as the best.)
"Mr. B. continued. I do not know whether owl will do for this child of long name, and many fathers; but we must have a name, and must continue trying till we get one. Let us hunt far and wide. Let us have recourse to the most renowned Æsop and his fables, and to that one of his fables which teaches us how an old black cat succeeded in getting at the rats again after having eaten up too many of them, and become too well known, under her proper form, to catch any more. She rolled herself over in a meal tub—converted her black skin into white—and walked forth among the rats as a new and innocent animal that they had never seen before. All were charmed to see her! but a quick application of teeth and claws to the throats and bellies of the rats, let them see that it was their old acquaintance, the black cat; and that whitening the skin did not alter the instincts of the animal, nor blunt the points of its teeth and claws. The rats, after that, called her the meal-tub cat, and the mealy cat. May we not call this corporosity the meal-tub bank? A cattish name would certainly suit it in one particular; for, like a cat, it has many lives, and a cat, you know, must be killed nine times before it will die; so say the traditions of the nursery; and of all histories the traditions of children are the most veracious. They teach us that cats have nine lives. So of this bank. It has been killed several times, but here it is still, scratching, biting, and clawing. Jackson killed it in 1832; Tyler killed it last week. But this is only a beginning. Seven times more theFatesmust cut the thread of its hydra life before it will yield up the ghost.
"The meal tub! No insignificant, or vulgar name. It lives in history, and connects its fame with kings and statesmen. We all know the Stuarts of England—an honest and bigoted race in the beginning, but always unfortunate in the end. The second Charles was beset by plots and cabals. There were many attempts, or supposed attempts to kill him; many plots against him, and some very ridiculous; among the restone which goes by the name of the meal-tub plot; because the papers which discovered it were found in the meal-tub where the conspirators, or their enemies, had hid them.
"Sir, I have given you a good deal of meal this morning; but you must take more yet. It is afruitfultheme, and may give us a good name before we are done with it. I have a reminiscence, as the novel writers say, and I will tell it. When a small boy, I went to school in a Scotch Irish neighborhood, and learnt many words and phrases which I have not met with since, but which were words of great pith and power; among the rest shake-poke. (Mr.Archer: I never heard that before.) Mr.Benton: but you have heard of poke. You know the adage: do not buy a pig in the poke; that is to say, in the bag; for poke signifies bag, or wallet, and is a phrase much used in the north of England, and among the Scotch Irish in America. A pig is carried to market in a poke, and if you buy it without taking it out first, you may be 'taken in.' So corn is carried to a mill in a poke, and when brought home, ground into meal, the meal remains in the poke, in the houses of poor families, until it is used up. When the bag is nearly empty, it is turned upside down, and shaken; and the meal that comes out is called the shake-poke, that is to say, the last shake of the bag. By an easy and natural metaphor, this term is also applied to the last child that is born in a family; especially if it is puny or a rickety concern. The last child, like the last meal, is called a shake-poke; and may we not call thisfiscalous corporationa shake-poke also, and for the same reason? It is the last—the last at all events for the session! it is the last meal in their bag—their shake-poke! and it is certainly a rickety concern.
"I do not pretend to impose a name upon this bantling; that is a privilege of paternity, or of sponsorship, and I stand in neither relation to this babe. But a name of brevity—of brevity and significance—it must have; and, if the fathers and sponsors do not bestow it, the people will: for a long name is abhorred and eschewed in all countries. Remember the fate of John Barebone, the canting hypocrite in Cromwell's time. He had a very good name, John Barebone; but the knave composed a long verse, like Scripture, to sanctify himself with it, and intituled himself thus:—'Praise God, Barebone, for if Christ had not died for you, you would be damned, Barebone.' Now, this was very sanctimonious; but it was too long—too much of a good thing—and so the people cut it all off but the last two words, and called the fellow 'damned Barebone,' and nothing else but damned Barebone, all his life after. So let this corporosity beware: it may get itself damned before it is done with us, and Tyler too."
The first proceeding in the Senate was to refer this bill to a committee, and Mr. Clay's select committee would naturally present itself as the one to which it would go: but he was too much disgusted at the manner in which his own bill had been treated to be willing to take any lead with respect to this second one; and, in fact, had so expressed himself in the debate on the veto message. A motion was made to refer it to another select committee, the appointing of which would be in the President of the Senate—Mr. Southard, of New Jersey. Mr. Southard, like Mr. Sergeant, was the fast friend of the United States Bank, to be revived under this bill; and like him conducted the bill to the best advantage for that institution. Mr. Sergeant had sprung the bill, and rushed it through, backed by the old bank majority, with a velocity which distanced shame in the disregard of all parliamentary propriety and all fair legislation. He had been the attorney of the bank for many years, and seemed only intent upon its revivification—no matter by what means. Mr. Southard, bound by the same friendship to the bank, seemed to be animated by the same spirit, and determined to use his power in the same way. He appointed exclusively the friends of the bank, and mostly of young senators, freshly arrived in the chamber. Mr. King, of Alabama, the often President of the Senatepro tempore, and the approved expounder of the rules, was the first—and very properly the first—to remark upon the formation of this one-sided committee; and to bring it to the attention of the Senate. He exposed it in pointed terms.
"Mr.Kingobserved, that in the organization of committees by Congress, the practice had been heretofore invariable—the usage uniform. The first business, on the meeting of each House, after the selection of officers and organizing, was to appoint the various standing committees. In designating those to whom the various subjects to which it is proposed to call the attention of Congress shall be referred, the practice always has been to place a majority of the friends of the administration on each committee. This is strictly correct, in order to insure a favorable consideration of the various measures which the administration may propose to submit to their examination and decision. A majority, however, of the friends of the administration, is all that has heretofore been considered either necessary or proper to be placed on those committees; and in every instance a minority of each committee consists of members supposed to be adverse to the measures of the dominant party. The propriety of such an arrangement cannot fail to strike the mind of every senator. All measures should be carefully examined; objections suggested; amendments proposed; and every proposition rendered as perfect as practicable before it is reported to the House for its action. This neither can, nor will, be controverted. In the whole of his [Mr.King's] congressional experience, he did not know of a single instance in which this rule had been departed from, until now. But there has been a departurefrom this usage, sanctioned by justice and undeviating practice, which had given to it the force and obligation of law; and he [Mr.King] felt it to be his duty to call the attention of the Senate to this most objectionable innovation. Yesterday a bill was reported from the House of Representatives for the chartering of a fiscal corporation. It was immediately taken up, read twice on the same day, and, on the motion of the senator from Georgia, ordered to be referred to a select committee. This bill embraced a subject of the greatest importance, one more disputed upon constitutional grounds, as well as upon the grounds of expediency, than any other which has ever agitated this country. This bill, of such vast importance, fraught with results of the greatest magnitude, in which the whole country takes the liveliest interest, either for or against its adoption, has been hurried through the other House in a few days, almost without discussion, and, as he [Mr. K.], conceived, in violation of the principles of parliamentary law, following as it did, immediately on the heels of a similar bill, which had, most fortunately for the country, received the veto of the President, and ultimately rejected by the Senate. The rules of the Senate forbade him to speak of the action of the other House on this subject as he could wish. He regretted that he was not at liberty to present their conduct plainly to the people, to show to the country what it has to expect from the dominant party here, and what kind of measures may be expected from the mode of legislation which has been adopted. The fiscal corporation bill has, however, come to us, and he [Mr.King] and his friends, much as they were opposed to its introduction or passage, determined to give it a fair and open opposition. No objection was made to the motion of the senator from Georgia to send it to a select committee, and that that committee should be appointed by the presiding officer. The President of the Senate made the selection; but, to his [Mr. K.'s] great surprise, on reading the names this morning in one of the public papers, he found they were all members of the dominant party: not one selected for this most important committee belongs to the minority in this body opposed to the bill. Why was it, he [Mr.King] must be permitted to ask, that the presiding officer had departed from a rule which, in all the fluctuations of party, and in the highest times of party excitement, had never before been departed from?"There must have been a motive in thus departing from a course sanctioned by time, and by every principle of propriety. It will be for the presiding officer to state what that motive was. Mr. King must be permitted to repeat, the more to impress it on the minds of senators, that during more than twenty years he had been in Congress, he had never known important committees to be appointed, either standing or select, in which some member of the then minority did not constitute a portion, until this most extraordinary selection of a committee, to report on this most important bill. Would it not [said Mr.King] have been prudent, as well as just, to have given to the minority a fair opportunity of suggesting their objections in committee? The friends of the measure would then be apprised of those objections, and could prepare themselves to meet them. He [Mr.King] had not risen to make a motion, but merely to present this extraordinary proceeding to the view of the Senate, and leave it there; but, he believed, in justice to his friends, and to stamp this proceeding with condemnation, he would move that two additional members be added to the committee."
"Mr.Kingobserved, that in the organization of committees by Congress, the practice had been heretofore invariable—the usage uniform. The first business, on the meeting of each House, after the selection of officers and organizing, was to appoint the various standing committees. In designating those to whom the various subjects to which it is proposed to call the attention of Congress shall be referred, the practice always has been to place a majority of the friends of the administration on each committee. This is strictly correct, in order to insure a favorable consideration of the various measures which the administration may propose to submit to their examination and decision. A majority, however, of the friends of the administration, is all that has heretofore been considered either necessary or proper to be placed on those committees; and in every instance a minority of each committee consists of members supposed to be adverse to the measures of the dominant party. The propriety of such an arrangement cannot fail to strike the mind of every senator. All measures should be carefully examined; objections suggested; amendments proposed; and every proposition rendered as perfect as practicable before it is reported to the House for its action. This neither can, nor will, be controverted. In the whole of his [Mr.King's] congressional experience, he did not know of a single instance in which this rule had been departed from, until now. But there has been a departurefrom this usage, sanctioned by justice and undeviating practice, which had given to it the force and obligation of law; and he [Mr.King] felt it to be his duty to call the attention of the Senate to this most objectionable innovation. Yesterday a bill was reported from the House of Representatives for the chartering of a fiscal corporation. It was immediately taken up, read twice on the same day, and, on the motion of the senator from Georgia, ordered to be referred to a select committee. This bill embraced a subject of the greatest importance, one more disputed upon constitutional grounds, as well as upon the grounds of expediency, than any other which has ever agitated this country. This bill, of such vast importance, fraught with results of the greatest magnitude, in which the whole country takes the liveliest interest, either for or against its adoption, has been hurried through the other House in a few days, almost without discussion, and, as he [Mr. K.], conceived, in violation of the principles of parliamentary law, following as it did, immediately on the heels of a similar bill, which had, most fortunately for the country, received the veto of the President, and ultimately rejected by the Senate. The rules of the Senate forbade him to speak of the action of the other House on this subject as he could wish. He regretted that he was not at liberty to present their conduct plainly to the people, to show to the country what it has to expect from the dominant party here, and what kind of measures may be expected from the mode of legislation which has been adopted. The fiscal corporation bill has, however, come to us, and he [Mr.King] and his friends, much as they were opposed to its introduction or passage, determined to give it a fair and open opposition. No objection was made to the motion of the senator from Georgia to send it to a select committee, and that that committee should be appointed by the presiding officer. The President of the Senate made the selection; but, to his [Mr. K.'s] great surprise, on reading the names this morning in one of the public papers, he found they were all members of the dominant party: not one selected for this most important committee belongs to the minority in this body opposed to the bill. Why was it, he [Mr.King] must be permitted to ask, that the presiding officer had departed from a rule which, in all the fluctuations of party, and in the highest times of party excitement, had never before been departed from?
"There must have been a motive in thus departing from a course sanctioned by time, and by every principle of propriety. It will be for the presiding officer to state what that motive was. Mr. King must be permitted to repeat, the more to impress it on the minds of senators, that during more than twenty years he had been in Congress, he had never known important committees to be appointed, either standing or select, in which some member of the then minority did not constitute a portion, until this most extraordinary selection of a committee, to report on this most important bill. Would it not [said Mr.King] have been prudent, as well as just, to have given to the minority a fair opportunity of suggesting their objections in committee? The friends of the measure would then be apprised of those objections, and could prepare themselves to meet them. He [Mr.King] had not risen to make a motion, but merely to present this extraordinary proceeding to the view of the Senate, and leave it there; but, he believed, in justice to his friends, and to stamp this proceeding with condemnation, he would move that two additional members be added to the committee."
The President of the Senate, in answer to the remarks of Mr. King, read a rule from Jefferson's Manual in which it is said that, a bill must be committed to its friends to improve and perfect it, and not to its enemies who would destroy it. And under this rule Mr. Southard said he had appointed the committee. Mr. Benton then stood up, and said:
"That is theLex Parliamentariaof England from which you read, Mr. President, and is no part of our rules. It is English authority—very good in the British Parliament, but not valid in the American Senate. It is not in our rules—neither in the rules of the House nor in those of the Senate; and is contrary to the practice of both Houses—their settled practice for fifty years. From the beginning of our government we have disregarded it, and followed a rule much more consonant to decency and justice, to public satisfaction, and to the results of fair legislation, and that was, to commit our business to mixed committees—committees consisting of friends and foes of the measure, and of both political parties—always taking care that the friends of the measure should be the majority; and, if it was a political question, that the political party in power should have the majority. This is our practice; and a wise and good practice it is, containing all the good that there is in the British rule, avoiding its harshness, and giving both sides a chance to perfect or to understand a measure. The nature of our government—its harmonious and successful action—requiresboth parties to have a hand in conducting the public business, both in the committees and the legislative halls; and this is the first session at which committee business, or legislative business, has been confined, or attempted to be confined, to one political party. The clause which you read, Mr. President, I have often read myself; not for the purpose of sending a measure to a committee of exclusive friends, but to prevent it from going to a committee of exclusive enemies—in fact to obtain for it a mixed committee—such as the democracy has always given when in power—such as it will again give when in power—and such as is due to fair, decent, satisfactory, and harmonious legislation."
"That is theLex Parliamentariaof England from which you read, Mr. President, and is no part of our rules. It is English authority—very good in the British Parliament, but not valid in the American Senate. It is not in our rules—neither in the rules of the House nor in those of the Senate; and is contrary to the practice of both Houses—their settled practice for fifty years. From the beginning of our government we have disregarded it, and followed a rule much more consonant to decency and justice, to public satisfaction, and to the results of fair legislation, and that was, to commit our business to mixed committees—committees consisting of friends and foes of the measure, and of both political parties—always taking care that the friends of the measure should be the majority; and, if it was a political question, that the political party in power should have the majority. This is our practice; and a wise and good practice it is, containing all the good that there is in the British rule, avoiding its harshness, and giving both sides a chance to perfect or to understand a measure. The nature of our government—its harmonious and successful action—requiresboth parties to have a hand in conducting the public business, both in the committees and the legislative halls; and this is the first session at which committee business, or legislative business, has been confined, or attempted to be confined, to one political party. The clause which you read, Mr. President, I have often read myself; not for the purpose of sending a measure to a committee of exclusive friends, but to prevent it from going to a committee of exclusive enemies—in fact to obtain for it a mixed committee—such as the democracy has always given when in power—such as it will again give when in power—and such as is due to fair, decent, satisfactory, and harmonious legislation."
Mr. Benton, after sustaining Mr. King in his view of the rules and the practice, told him that he was deceived in his memory in supposing there had never been a one-sided committee in the Senate before: and remarked:
"That senator is very correct at all times; but he will not take it amiss if I shall suggest to him that he is in error now—that there has been one other occasion in which a one-sided committee was employed—and that in a very important case—concerning no less a power than Mr. Biddle's bank, and even Mr. Biddle himself. I speak of the committee which was sent by this Senate to examine the Bank of the United States in the summer of 1834, when charged with insolvency and criminality by General Jackson—charges which time have proved to be true—and when the whole committee were of one party, and that party opposed to General Jackson, and friendly to the bank. And what became then of the rule of British parliamentary law, which has just been read? It had no application then, though it would have cut off every member of the committee; for not one of them was favorable to the inquiry, but the contrary; and the thing ended as all expected. I mention this as an instance of a one-sided committee, which the senator from Alabama has overlooked, and which deserves to be particularly remembered on this occasion, for a reason which I will mention; and which is, that both these committees were appointed in the same case—for the same Bank of the United States—one to whitewash it—which it did; the other to smuggle it into existence under a charter in which it cannot be named. And thus, whenever that bank is concerned, we have to look out for tricks and frauds (to say no more), even on the high floors of national legislation."
"That senator is very correct at all times; but he will not take it amiss if I shall suggest to him that he is in error now—that there has been one other occasion in which a one-sided committee was employed—and that in a very important case—concerning no less a power than Mr. Biddle's bank, and even Mr. Biddle himself. I speak of the committee which was sent by this Senate to examine the Bank of the United States in the summer of 1834, when charged with insolvency and criminality by General Jackson—charges which time have proved to be true—and when the whole committee were of one party, and that party opposed to General Jackson, and friendly to the bank. And what became then of the rule of British parliamentary law, which has just been read? It had no application then, though it would have cut off every member of the committee; for not one of them was favorable to the inquiry, but the contrary; and the thing ended as all expected. I mention this as an instance of a one-sided committee, which the senator from Alabama has overlooked, and which deserves to be particularly remembered on this occasion, for a reason which I will mention; and which is, that both these committees were appointed in the same case—for the same Bank of the United States—one to whitewash it—which it did; the other to smuggle it into existence under a charter in which it cannot be named. And thus, whenever that bank is concerned, we have to look out for tricks and frauds (to say no more), even on the high floors of national legislation."
Mr. Buchanan animadverted with justice and severity upon the tyranny with which the majority in the House of Representatives had forced the bill through, and marked the fact that not a single democratic member had succeeded in getting an opportunity to speak against it. This was an unprecedented event in the history of parties in America, or in England, and shows the length to which a bank party would go in stifling the right of speech. In all great measures, before or since, and in all countries possessing free institutions, the majority has always allowed to the adversary the privilege of speaking to the measures which were to be put upon them: here for the first time it was denied; and the denial was marked at the time, and carried at once into parliamentary history to receive the reprobation due to it. This was the animadversion of Mr. Buchanan:
"The present bill to establish a fiscal corporation was hurried through the House of Representatives with the celerity, and, so far as the democracy was concerned, with the silence of despotism. No democratic member had an opportunity of raising his voice against it. Under new rules in existence there, the majority had predetermined that it should pass that body within two days from the commencement of the discussion. At first, indeed, the determination was that it should pass the first day; but this was felt to be too great an outrage; and the mover was graciously pleased to extend the time one day longer. Whilst the bill was in Committee of the Whole, it so happened that, in the struggle for the floor, no democratic member succeeded in obtaining it; and at the destined hour of four in the afternoon of the second day, the committee rose, and all further debate was arrested by the previous question. The voice of that great party in this country to which I am proud to belong, was, therefore, never heard through any of its representatives in the House against this odious measure. Not even one brief hour, the limit prescribed by the majority to each speaker, was granted to any democratic member."
"The present bill to establish a fiscal corporation was hurried through the House of Representatives with the celerity, and, so far as the democracy was concerned, with the silence of despotism. No democratic member had an opportunity of raising his voice against it. Under new rules in existence there, the majority had predetermined that it should pass that body within two days from the commencement of the discussion. At first, indeed, the determination was that it should pass the first day; but this was felt to be too great an outrage; and the mover was graciously pleased to extend the time one day longer. Whilst the bill was in Committee of the Whole, it so happened that, in the struggle for the floor, no democratic member succeeded in obtaining it; and at the destined hour of four in the afternoon of the second day, the committee rose, and all further debate was arrested by the previous question. The voice of that great party in this country to which I am proud to belong, was, therefore, never heard through any of its representatives in the House against this odious measure. Not even one brief hour, the limit prescribed by the majority to each speaker, was granted to any democratic member."
The bill went to the committee which had been appointed, without the additional two members which Mr. King had suggested; and which suggestion, not being taken up by the majority, was no further pressed. Mr. Berrien, chairman of that committee, soon reported it back to the Senate—without alteration; as had been foreseen. He spoke two hours in its favor—concluding with the expression that the President would give it his approval—founding that opinion on the President's message at the commencement of the session—on his veto message of the first fiscal bill—on the report of the Secretary of the Treasury—and on this Secretary's subsequent plan for a bank framed with the view to avoid his constitutional objections. Mr. Claydeclared his intention to vote for the bill, not that it went as far as he could wish, but that it would go a good distance—would furnish a sound national currency, and regulate exchanges. Mr. Archer, who had voted against the first bank, and who was constitutionally opposed to a national bank, made a speech chiefly to justify his vote in favor of the present bill. It was well known that no alteration would be permitted in the bill—that it had been arranged out of doors, and was to stand as agreed upon: but some senators determined to offer amendments, merely to expose the character of the measure, to make attacks upon the most vulnerable points; and to develope the spirit which conducted it. In this sense Mr. Benton acted in presenting several amendments, deemed proper in themselves, and which a foreknowledge of their fate would not prevent him from offering. The whole idea of the institution was, that it was to be a treasury bank; and hence the pertinacity with which "fiscal," synonymous with treasury, was retained in all the titles, and conformed to in all its provisions: and upon this idea the offered amendments turned.
"Mr.Bentonsaid he had an amendment to offer, which the Senate would presently see was of great importance. It was, to strike out from the ninth line of the first section the word 'States.' It was in that provision assigning seventy thousand shares to individual companies, corporations, orStates. This was a new kind of stockholders: a new description of co-partners with stockjobbers in a banking corporation. States had no right to be seduced into such company; he would therefore move to have them struck out: let the word "States" be taken out of that line. To comprehend the full force and bearing of this amendment it would be necessary to keep in view that the sixteenth section of this charter designates the Fiscal Corporation the Treasury of the United States. It expressly says that—"'All public moneys in deposit in said corporation, or standing on its books to the credit of theTreasurer, shall be taken and deemed to bein the Treasury of the United States, and all payments made by the Treasurer shall be in checks drawn on said corporation.'"Yes, sir! thisFiscis to be the Treasury of the United States; and the Treasury of the United States is to be converted into a corporation, and not only forced into partnership with individuals, companies, and corporations, but into joint stock co-partnership with the States. The general government is to appoint three directors, and the rest of the partners will have the appointment of the other six. The corporators will be two to one against the general government, and they will of course have the control of the Treasury of this Union in their hands. Now he was for sticking to the constitution, not only in spirit and meaning, but to the letter; and the constitution gives no authority to individuals, companies, corporations, and States, to take the public Treasury of the Union out of the hands of the general government. The general government alone, and acting independently of any such control, is required by the constitution to manage its own fiscal affairs. Here it is proposed to retain only one-third of the control of this Treasury in the hands of the general government—the other two-thirds may fall exclusively into the hands of the States, and thus the Treasury of the whole Union may be at the disposal of such States as can contrive to possess themselves of the two-thirds of the stock they are authorized to take. If it is the object to let those States have the funds of the Treasury to apply to their own use, the scheme is well contrived to attain that end. He, however, was determined not to let that plan be carried without letting the people know who were its supporters; he should, therefore, demand the yeas and nays on his amendment.""Mr.Berrienexplained that the objection raised against the sixteenth section was merely technical. The words did not convert the bank into the United States Treasury; they merely provided for a conformity with laws regulating the lodgment and withdrawal of Treasury funds. The question was then taken on the amendment, which was rejected as follows: Yeas—Messrs. Allen, Benton, Buchanan, Clay of Alabama, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Sevier, Smith of Connecticut, Sturgeon, Tappan, Walker, Woodbury, Wright, and Young—18. Nays—Messrs. Archer, Barrow, Bates, Berrien, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Rives, Simmons, Smith of Indiana, Southard, Tallmadge, White, and Woodbridge—28."
"Mr.Bentonsaid he had an amendment to offer, which the Senate would presently see was of great importance. It was, to strike out from the ninth line of the first section the word 'States.' It was in that provision assigning seventy thousand shares to individual companies, corporations, orStates. This was a new kind of stockholders: a new description of co-partners with stockjobbers in a banking corporation. States had no right to be seduced into such company; he would therefore move to have them struck out: let the word "States" be taken out of that line. To comprehend the full force and bearing of this amendment it would be necessary to keep in view that the sixteenth section of this charter designates the Fiscal Corporation the Treasury of the United States. It expressly says that—
"'All public moneys in deposit in said corporation, or standing on its books to the credit of theTreasurer, shall be taken and deemed to bein the Treasury of the United States, and all payments made by the Treasurer shall be in checks drawn on said corporation.'
"Yes, sir! thisFiscis to be the Treasury of the United States; and the Treasury of the United States is to be converted into a corporation, and not only forced into partnership with individuals, companies, and corporations, but into joint stock co-partnership with the States. The general government is to appoint three directors, and the rest of the partners will have the appointment of the other six. The corporators will be two to one against the general government, and they will of course have the control of the Treasury of this Union in their hands. Now he was for sticking to the constitution, not only in spirit and meaning, but to the letter; and the constitution gives no authority to individuals, companies, corporations, and States, to take the public Treasury of the Union out of the hands of the general government. The general government alone, and acting independently of any such control, is required by the constitution to manage its own fiscal affairs. Here it is proposed to retain only one-third of the control of this Treasury in the hands of the general government—the other two-thirds may fall exclusively into the hands of the States, and thus the Treasury of the whole Union may be at the disposal of such States as can contrive to possess themselves of the two-thirds of the stock they are authorized to take. If it is the object to let those States have the funds of the Treasury to apply to their own use, the scheme is well contrived to attain that end. He, however, was determined not to let that plan be carried without letting the people know who were its supporters; he should, therefore, demand the yeas and nays on his amendment."
"Mr.Berrienexplained that the objection raised against the sixteenth section was merely technical. The words did not convert the bank into the United States Treasury; they merely provided for a conformity with laws regulating the lodgment and withdrawal of Treasury funds. The question was then taken on the amendment, which was rejected as follows: Yeas—Messrs. Allen, Benton, Buchanan, Clay of Alabama, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Sevier, Smith of Connecticut, Sturgeon, Tappan, Walker, Woodbury, Wright, and Young—18. Nays—Messrs. Archer, Barrow, Bates, Berrien, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Rives, Simmons, Smith of Indiana, Southard, Tallmadge, White, and Woodbridge—28."
Mr. Benton then moved to strike out "corporations" from the enumeration of persons and powers which should possess the faculty of becoming stockholders in this institution, with the special view of keeping out the Pennsylvania Bank of the United States, and whose name could not be presented openly for a charter, or re-charter:
"The late United States Bank had means yet to keep a cohort of lawyers, agents, cashiers, and directors, who would not lose sight of the hint, and who were panting to plunge their hands into Uncle Sam's pocket. There was nothing to prevent the corporators of the late United States Bank becoming the sole owners of these two-thirds of the stock in the new Fiscality.The sixteenth fundamental rule of the eleventh section is the point where we are to find the constitutionality of this Fiscality. The little pet banks of every State may be employed as agents. This is a tempting bait for every insolvent institution in want of Treasury funds to strain every nerve and resort to every possible scheme for possessing themselves of the control of the funds of the United States. This object was to defeat such machinations. On this amendment he would demand the yeas and nays. The question was then taken on the amendment, and decided in the negative as follows: Yeas—Messrs. Allen, Benton, Buchanan, Calhoun, Clay of Alabama, Fulton, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Rives, Sevier, Smith of Connecticut, Sturgeon, Tappan, Walker, Woodbury, Wright, and Young—21. Nays—Messrs. Archer, Barrow, Bates, Berrien, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Simmons, Smith of Indiana, Tallmadge, White, and Woodbridge—26."
"The late United States Bank had means yet to keep a cohort of lawyers, agents, cashiers, and directors, who would not lose sight of the hint, and who were panting to plunge their hands into Uncle Sam's pocket. There was nothing to prevent the corporators of the late United States Bank becoming the sole owners of these two-thirds of the stock in the new Fiscality.The sixteenth fundamental rule of the eleventh section is the point where we are to find the constitutionality of this Fiscality. The little pet banks of every State may be employed as agents. This is a tempting bait for every insolvent institution in want of Treasury funds to strain every nerve and resort to every possible scheme for possessing themselves of the control of the funds of the United States. This object was to defeat such machinations. On this amendment he would demand the yeas and nays. The question was then taken on the amendment, and decided in the negative as follows: Yeas—Messrs. Allen, Benton, Buchanan, Calhoun, Clay of Alabama, Fulton, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Rives, Sevier, Smith of Connecticut, Sturgeon, Tappan, Walker, Woodbury, Wright, and Young—21. Nays—Messrs. Archer, Barrow, Bates, Berrien, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Simmons, Smith of Indiana, Tallmadge, White, and Woodbridge—26."
Mr. Rives objected to the exchange dealings which this fiscal corporation was to engage in, as being discounts when the exchange had some time to run. He referred to his former opinions, and corrected a misapprehension of Mr. Berrien. He was opposed to discounts in every form; while this bill authorizes discounts to any amount on bills of exchange. He offered no amendment, but wished to correct the misunderstanding of Mr. Berrien, who held that this bill, in this particular, was identical with the amendment offered to the first bill by Mr. Rives, and that it was in strict conformity with the President's message.
"Mr.Bentonfully concurred with the senator from Virginia [Mr.Rives], that cashing bills of exchange was just as much a discounting operation as discounting promissory notes; it was, in fact, infinitely worse. It was the greatest absurdity in the world, to suppose that the flimsy humbug of calling the discounting of bills of exchange—gamblers' kites, and race-horse bills of exchange—a 'dealing in exchanges' within the meaning of the terms used in the President's veto message. As if the President could be bamboozled by such a shallow artifice. Only look at the operation under this bill. A needy adventurer goes to one of these agencies, and offers his promissory note with securities, in the old-fashioned way, but is told it cannot be discounted—the law is against it. The law, however, may be evaded if he put his note into another shape, making one of his sureties the drawer, and making the other, who lives beyond the State line, his drawee, in favor of himself, as endorser; and in that shape the kite will becashed, deducting the interest and a per centage besides in the shape of exchange. Here is discount added to usury; and is not that worse than discounting promissory notes?"
"Mr.Bentonfully concurred with the senator from Virginia [Mr.Rives], that cashing bills of exchange was just as much a discounting operation as discounting promissory notes; it was, in fact, infinitely worse. It was the greatest absurdity in the world, to suppose that the flimsy humbug of calling the discounting of bills of exchange—gamblers' kites, and race-horse bills of exchange—a 'dealing in exchanges' within the meaning of the terms used in the President's veto message. As if the President could be bamboozled by such a shallow artifice. Only look at the operation under this bill. A needy adventurer goes to one of these agencies, and offers his promissory note with securities, in the old-fashioned way, but is told it cannot be discounted—the law is against it. The law, however, may be evaded if he put his note into another shape, making one of his sureties the drawer, and making the other, who lives beyond the State line, his drawee, in favor of himself, as endorser; and in that shape the kite will becashed, deducting the interest and a per centage besides in the shape of exchange. Here is discount added to usury; and is not that worse than discounting promissory notes?"
The President had dwelt much upon "local discounts," confining the meaning of that phrase to loans obtained on promissory notes. He did not consider money obtained upon a bill of exchange as coming under that idea—nor did it when it was an exchange of money—when it was the giving of money in one place for money in another place. But that true idea of a bill of exchange was greatly departed from when the drawer of the bill had no money at the place drawn on, and drew upon time, and depended upon getting funds there in time; or taking up the bill with damages when it returned protested. Money obtained that way was a discount obtained, and on far worse terms for the borrower, and better for the bank, than on a fair promissory note: and the rapacious banks forced their loans, as much as possible into this channel. So that this fiscal bank was limited to do the very thing it wished to do, and which was so profitable to itself and so oppressive to the borrower. This, Mr. Tappan, of Ohio, showed in a concise speech.
"Mr.Tappansaid, when senators on the other side declare that this bank bill is intended to withhold from the corporation created by it the power of making loans and discounts, he felt himself bound to believe that such was their honest construction of it. He was, however, surprised that any man, in the slightest degree acquainted with the banking business of the country, who had read this bill, should suppose that, under its provisions, the company incorporated by it would not have unlimited power to loan their paper and to discount the paper of their customers. The ninth fundamental article says, that 'the said corporation shall not, directly or indirectly, deal or trade in any thing except foreign bills of exchange,including bills or drafts drawn in one State or Territory and payable in another.' This bill, in this last clause, sanctioned a mode of discounting paper, and making loans common in the Western country. He spoke of a mode of doing business which he had full knowledge of, and he asked senators, therefore, to look at it. A man who wants a loan from a bank applies to the directors, and is told, we can lend you the money, but we do not take notes for our loans—you must give us a draft; but, says the applicant, I have no funds any where to draw upon; no matter, say the bankers, if yourdraft is not met, or expected to be met, because you have no funds, that need make no difference; you may pay it here,with the exchange, when the time it has to run is out; so the borrower signs a draft or bill of exchange on somebody in New York, Philadelphia, or Baltimore, and pays the discount for the time it has to run; when that time comes round, the borrower pays into the bank the amount of his draft, with two, four, six, or ten per cent., whatever the rate of exchange may be, and the affair is settled, and he gets a renewal for sixty days, by further paying the discount on the sum borrowed; and if it is an accommodation loan, it it renewed from time to time by paying the discount and exchange. Very few of the Western banks, he believed, discounted notes; they found it much more profitable to deal in exchange, as it is called; but this dealing in exchange enables the banks to discount as much paper, and to loan as much of their own notes, as the old-fashioned mode of discounting; it is a difference in form merely, with this advantage to the banks, that it enables them to get from their customers ten or twelve per cent. on their loans, instead of six, to which, in discounting notes, they are usually restricted. How then, he asked, could senators say that this bill did not give the power to make loans and discounts? He had shown them how, under this law, both loans and discounts will be made without limitation."
"Mr.Tappansaid, when senators on the other side declare that this bank bill is intended to withhold from the corporation created by it the power of making loans and discounts, he felt himself bound to believe that such was their honest construction of it. He was, however, surprised that any man, in the slightest degree acquainted with the banking business of the country, who had read this bill, should suppose that, under its provisions, the company incorporated by it would not have unlimited power to loan their paper and to discount the paper of their customers. The ninth fundamental article says, that 'the said corporation shall not, directly or indirectly, deal or trade in any thing except foreign bills of exchange,including bills or drafts drawn in one State or Territory and payable in another.' This bill, in this last clause, sanctioned a mode of discounting paper, and making loans common in the Western country. He spoke of a mode of doing business which he had full knowledge of, and he asked senators, therefore, to look at it. A man who wants a loan from a bank applies to the directors, and is told, we can lend you the money, but we do not take notes for our loans—you must give us a draft; but, says the applicant, I have no funds any where to draw upon; no matter, say the bankers, if yourdraft is not met, or expected to be met, because you have no funds, that need make no difference; you may pay it here,with the exchange, when the time it has to run is out; so the borrower signs a draft or bill of exchange on somebody in New York, Philadelphia, or Baltimore, and pays the discount for the time it has to run; when that time comes round, the borrower pays into the bank the amount of his draft, with two, four, six, or ten per cent., whatever the rate of exchange may be, and the affair is settled, and he gets a renewal for sixty days, by further paying the discount on the sum borrowed; and if it is an accommodation loan, it it renewed from time to time by paying the discount and exchange. Very few of the Western banks, he believed, discounted notes; they found it much more profitable to deal in exchange, as it is called; but this dealing in exchange enables the banks to discount as much paper, and to loan as much of their own notes, as the old-fashioned mode of discounting; it is a difference in form merely, with this advantage to the banks, that it enables them to get from their customers ten or twelve per cent. on their loans, instead of six, to which, in discounting notes, they are usually restricted. How then, he asked, could senators say that this bill did not give the power to make loans and discounts? He had shown them how, under this law, both loans and discounts will be made without limitation."
Mr. Benton then went on with offering his amendments, and offered one requiring all the stockholders in this corporation Fisc (which was to be the Treasury of the United States), to be citizens of the United States, for the obvious reason of preventing the national treasury from falling under the control of foreigners. M. Berrien considered the amendment unnecessary, as there was already a provision that none but citizens of the United States should take the original stock; and the only effect of the provision would be to lessen the value of the stock. Mr. Benton considered this provision as a fraudulent contrivance to have the appearance of excluding foreigners from being stockholders while not doing so. The prohibition upon them as original subscribers was nothing, when they were allowed to become stockholders by purchase. His amendment was intended to make the charter what it fraudulently pretended to be—a bank owned by American citizens. The word "original" would be a fraud unless the prohibition was extended to assignees. And he argued that the senator from Georgia (Mr. Berrien), had admitted the design of selling to foreigners by saying that the value of the stock would be diminished by excluding foreigners from its purchase. He considered the answer of the senator double, inconsistent, and contradictory. He first considered the amendment unnecessary, as the charter already confined original subscriptions to our own citizens; and then considered it would injure the price of the stock to be so limited. That was a contradiction. The fact was, he said, that this bill was to resurrect, by smuggling, the old United States Bank, which was a British concern; and that the effect would be to make the British the governors and masters of our treasury: and he asked the yeas and nays on his motion, which was granted, and they stood—19 to 26, and were:Yeas—Messrs. Allen, Benton, Buchanan, Clay of Alabama, Cuthbert, Fulton, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Sevier, Sturgeon, Tappan, Walker, Woodbury, Wright, and Young—19.Nays—Messrs. Archer, Barrow, Bates, Berrien, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Rives, Simmons, Smith of Indiana, Tallmadge, White, and Woodbridge—26. Considering this a vital question, and one on which no room should be left for the majority to escape the responsibility of putting the United States Treasury in the hands of foreigners—even alien enemies in time of war, as well as rival commercial competitors in time of peace—Mr. Benton moved the same prohibition in a different form. It was to affix it to the eleventh fundamental rule of the eleventh section of the bill, which clothes the corporation with power to make rules to govern the assignment of stock: his amendment was to limit these assignments to American citizens. That was different from his first proposed amendment, which included both original subscribers and assignees. The senator from Georgia objected to that amendment as unnecessary, because it included a class already prohibited as well as one that was not. Certainly it was unnecessary with respect to one class, but necessary with respect to the other—necessary in the estimation of all who were not willing to see the United States Treasury owned and managed by foreigners. He wished now to hear what the senator from Georgia could say against the proposed amendment in this form. Mr. Berrien answered: "He hopedthe amendment would not prevail. The original subscribers would be citizens of the United States. To debar them from transferring their stock, would be to lessen the value of the stock, which they rendered valuable by becoming the purchasers of it." Mr. Benton rejoined, that his amendment did not propose to prevent the original subscribers from selling their stock, or any assignee from selling; the only design of the amendment was to limit all these sales to American citizens; and that would be its only effect if adopted. And as to the second objection, a second time given, that it would injure the value of the stock, he said it was a strange argument, that the paltry difference of value in shares to the stockholders should outweigh the danger of confiding the Treasury of the United States to foreigners—subjects of foreign potentates. He asked the yeas, which were granted—and stood—21 to 27: the same as before, with the addition of some senators who had come in. These several proposed amendments, and the manner in which they were rejected, completed the exposure of the design to resuscitate the defunct Bank of the United States, just as it had been, with its foreign stockholders, and extraordinary privileges. It was to be the old bank revived, disguised, and smuggled in. It was to have the same capital as the old one—thirty-five millions: for while it said the capital was to be twenty-one millions, there was a clause enabling Congress to add on fourteen millions—which it would do as soon as the bill passed. Like the old bank, it was to have the United States for a partner, owning seven millions of the stock. The stock was all to go to the old Bank of the United States; for the subscriptions were to be made with commissioners appointed by the Secretary of the Treasury—who, it was known, would appoint the friends of the old bank; so that the whole subscription would be in her hands; and a charter for her fraudulently and deceptiously obtained. The title of the bill was fraudulent, being limited to the management of the "public" moneys, while the body of it conferred all the privileges known to the three distinct kinds of banks:—1. Circulation. 2. Exchange. 3. Discount and deposit—the discount being in the most oppressive and usurious form on inland and mere neighborhood bills of exchange, declared by the charter to be foreign bills for the mere purpose of covering these local loans.
"Mr.Walkermoved an amendment, requiring that the bills in which the Bank should deal should be drawn at short dates, and on goods already actually shipped. It was negatived by yeas and nays, as follows:—Yeas—Messrs. Allen, Benton, Buchanan, Calhoun, Clay of Alabama, Fulton, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Rives, Sevier, Smith of Connecticut, Sturgeon, Tappan, Walker, Woodbury, Wright, and Young—21.Nays—Messrs. Archer, Barrow, Bates, Berrien, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Simmons, Smith of Indiana, Southard, Tallmadge, White, and Woodbridge—27. Mr.Allenmoved an amendment to make the directors, in case of suspension, personally liable for the debts of the bank. This was negatived as follows:Yeas—Messrs. Allen, Benton, Buchanan, Clay of Alabama, Cuthbert, Fulton, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Sevier, Smith of Connecticut, Sturgeon, Tappan, Walker, Woodbury, Wright, and Young—20.Nays—Messrs. Archer, Barrow, Bates, Berrien, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Rives, Simmons, Smith of Indiana, Southard, Tallmadge, White, and Woodbridge—28."
"Mr.Walkermoved an amendment, requiring that the bills in which the Bank should deal should be drawn at short dates, and on goods already actually shipped. It was negatived by yeas and nays, as follows:—Yeas—Messrs. Allen, Benton, Buchanan, Calhoun, Clay of Alabama, Fulton, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Rives, Sevier, Smith of Connecticut, Sturgeon, Tappan, Walker, Woodbury, Wright, and Young—21.Nays—Messrs. Archer, Barrow, Bates, Berrien, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Simmons, Smith of Indiana, Southard, Tallmadge, White, and Woodbridge—27. Mr.Allenmoved an amendment to make the directors, in case of suspension, personally liable for the debts of the bank. This was negatived as follows:Yeas—Messrs. Allen, Benton, Buchanan, Clay of Alabama, Cuthbert, Fulton, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Sevier, Smith of Connecticut, Sturgeon, Tappan, Walker, Woodbury, Wright, and Young—20.Nays—Messrs. Archer, Barrow, Bates, Berrien, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Rives, Simmons, Smith of Indiana, Southard, Tallmadge, White, and Woodbridge—28."