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Admission of Michigan.

[Jax. 5, 1837.

tion; but it was one of the most improbable things that proposed. This was the whole affair. A very simple ever happened in the course of human events. He matter, when plainly stated and fairly debated. There could not be influenced by possibilities so remote, and was no “call” of a convention by Congress, in a State of was therefore satisfied that the people of Michigan had the Union, or any where else. There was no law to be consented to the terms proposed to them by Congress, enforced, or disobedience to be punished. No federal to agree to a boundary and come into the Union. officer was to be sent by an executive despot to hang up

But some gentlemen, admitting this, insisted that the the refractory. It was only a proposition made to Michproceeding was revolutionary; that to allow the people, igan, in answer to one made by her, which, if she acceptin primary assemblies, "10 set themselves up above the ed, she was to come into the Union, and if not, she relegislative authority," (to use their own language,) mained out of it. The awful consequences existed only struck at the very foundation of our institutions. This in the imaginations of gentlemen u ho exerted themselves was strange doctrine at the present day. It was the to give a fictitious importance to this bill. doctrine of the house of Stuari, and of Bourbon of Aus. But (continued Mr. K ) gentlemen ask, why did Contria, and of Brandenburg. It was the doctrine of the gress refer this matter to the people of Michigan, and holy alliance. It was the doctrine of despotism. It was what right had the people to act without the anthority of a doctrine long since exploded, he had thought, by a)l the Legislature? Why, just because Congress knew, free Governments, particularly by our own; and if he after looking at the constitution of Michigan, that the thought there were any material portion of the people Legislature had no more power to act than it had to of the United States who entertained such doctrines, be change the succession of the seasons, or abolish the should feel as much real alarm as gentlemen had imagin. community which it was organized to represent. If Miched they felt at the proposition of the committee. The igan were a state, and not in the Union, this consent whole of our institutions, both Stale and Federal, were involved an important change in her organic law, bebased on this "monstrous principle," and had no other sides a change of boundary; for, by consenting to the right to rest on.

condition we had proposed, her people parled with all The debate had been a most extraordinary one. Gen. the important rights of sovereignty which were surren. tlemen had conjured up frightful pictures, and then got dered io the General Government by each of the Stales. frightened at the works of their own imaginations. The An organic law could only be changed by the people Senator from Ohio had stated himself to be a plain mat. in an elementary state of society, above the constitution, ter-of-fact man. He certainly would not question the unless the constitution provided for the change. A free veracity of his friend as a man of truth; but if he would constitution was only a political power of attorney, con: allow him to call bis errors misapprehensions or mis. taining the principles on which ihe Government should takes, he would join issue with him on his statement that be administered, conferring powers for the purposes he was “a plain ma!ter-of-fact man.” He (Mr. K.) had named in it, until revoked by the constituent authority. never known so many rhetorical flourishes, fights of the legislature had to look for their powers in the confancy, irrelevant references, and false analogies, brought stitution, and could not go beyond them. But to say the into any discussion upon any grave and important ques. people, in their high sovereign capacity, had no power tion. Something like the visions of Constantine were to change or modify, or even abolish, their constitution, revived. Armies were seen marching and counter wlien not restrained by the federal constitution, was marching in the air, belted with “ Bowie knives and equivalent to saying that a merchant could not revoke a duelling pistols." Terrific scenes of liberty tram power of attorney given for commercial purposes. pled under foot, bugles, bayonets, bombs, and blunder. Even where the constitution contained a provision aubusses, haunted the minds of gentlemen, as the sure con thorizing the Legislature to call a convention, it might sequences of the proposed measure. After these, and still be likened to a power of substitution in commercial many such fancies, (said Mr. K.,) which gentlemen have persons, where both the original power and power of connected with this measure, they prove it all by what substitution were subject to the control of the principal. they call coming to the point, with a grave proposition - States, however, should never change their constitutions and that is, “ if we establisli the principle, say they, that for light causes; but where a necessity existed, the right the Federal Government can call a convention in one of

was unquestionable. It was a revolutionary right, as the States in this Union, liberty is lost, the constitution was every right to change a constitution of Government, is gone.". Despotism, they think, will stalk unopposed however slight the change. It was, he said, no less a over the land, and all State righis will vanish like a sprite. revolutionary right, when exercised peaceably, than

One who had heard all this waste of eloquence on this when it was exercised by force, which only became proposition, and who knew nothing of the matter, would necessary when the right was opposed. naturally suppose that some such proposition was fairly Mr. K. said the Legislature might call a convention the subject of discussion. But, so far from this, nothing when there was no express provision in the constitution even like it had been proposed or maintained. Con. to do su; but the convention derived no additional augress had not called any convention in one of the States thority from the call; it was only recommendatory. But of the Union, or even in Michigan, wlio was not in the if the people met, as recommended, and acted upon Union. The plain truth was, that Michigan bad been a their organic law, the subsequent ratification would sup. Territory, and founded a constitution and State Govern- ply the the previous want of authority. In whatever ment, somewhat irregularly, and applied for admission way they might be convened, however, their acts were into the Union. Congress, after much debate, agreed not irrevocable by themselves, but it was a striking rea. to waive all previous irregularity, and allow Michigan 10 ture in the case of Michigan, that both the conventions be a separate and independent communiiy. But, at the seemed to have understood perfectly well that the Lesame time, we virtually said in Michigan, that, under gislature had no right to intermeddle in the matter; and the constitution she had formed, her boundaries were they accordingly both protested against it. This was a uncertain and equivocal; that she would probably insist principle so polpable, that all classes and al pariies seem on boundaries that would include territory of which we io have understood it in that new Slate, however diffi. had a right to form another State, or had already trans.cult it seemed to be for some gentlemen to understand it ferred to others. We did not wish to bring a quarrel | bere. Mr. K. thought that the matter had been rightly re. into the confederacy, by her admission with unsettled ferred to the people themselves, independent of the boundaries, and therefore we could not admit her until Legislature, as they alone were capable of making these her people, in convention, should agree to a boundary important surrenders of sovereigniy,

Jax. 6, 1837. ]

Building for United States Courts at Philadelphia-- Treasury Circular, &c.


Mr. K. then briefly noticed some remarks of the Sen. to me that there is not a more suitable place where to ator from Massachusetts, (Mr. Davis,] who had stated commence than Philadelphia. that Michigan could not be a State, as, when she formed Mr. CALHOUN called for the reading of the memo. her constitution, she had no fixed boundaries. The Sen- , rial; and it having been read, Mr. C. said he had no obator froin Massachusetts, Mr. K. said, had insisted that a jection to its being referred to the Committee on the Ju. fixed boundary was inseparable with the idea of a State; diciary; but he hoped they would pause and weigh the and as the United States had claim at least to a part of question a long time before they would give their assent the territory over which Michigan claimed jurisdiction to our commencing a penitentiary system of the United when she framed her constitution, she could not be con States. There was patronage enough exercised by the sidered as a separate State. Mr. K. said it was perfect. General Government already_its powers were great ly true that a nation must have a territory over which it and extensive, without their being introduced into a exercised jurisdiction; but an undisputed boundary was State. He objected to a State and General Government not essential to an independent State. A community acting together. He merely threw out these suggesmight be independent, and very powerful too, whose tions to the committee, in the hope that they would boundaries were not welldefined. Our own boundary was pause a long time before they would give their sanction disputed in the Northeast; and who could state the pre to the commencement of the proposed system. cise boundaries of Russia? Yet Russia and the United Mr. GRUNDY said he did not object to the reference Slates were none the less independent communities of of the memorial to the committee of which he was a people because their boundaries were not well settled. member. But as to pausing a long time on the subject,

Mr. K. then adverted to the preamble to the bill, he had made up his mind, and he would say that, so far which had been so strongly objected to that some gen as he could judge of the disposition of his colleagues, tlemen were willing to vote for the bill if the preamble they would not pause for any length of time; for the were stricken out. He said, as both Michigan and Ohio committee would report in a few days, not only on the now wanted the restriction removed, and Michigan ad subject of penitentiaries, but on court-houses also. mitted without restriction, he would certainly have no Mr. BUCHANAN remarked that he was sorry to hear objection, if no body else were concerned but' Michigan that the chairman of the Judiciary committee had made and Ohio. If these Stales had any disinterested love of up his mind on the subject. It appeared to him (Mr. B.) fighting, if he were to consult his own feelings, he would that at some period, not very remote, it would be neces. say, let them go at it and fight it out. But a community sary for the Government of the United States to erect of States, he thought, should act on the same principle penitentiaries. How could it be avoided? As long as as a community of individuals. They should keep ihe ihe Government of !he United States are a Government peace among disorderly members. It would frequently executing their own laws, and punishing offenders gratify two bullies to settle a quarrel in the public against them, they must make some provisions for their streets, surrounded by a mob, but no well-organized punishment. The States, without entertaining any hoscommunity would permit such disorder. This squab. tility to the Government of this Union, might find it very ble between Michigan and Ohio, about a few acres of inconvenient to accommodate the prisoners sentenced ground, might set the whole Union into a blaze, and by virtue of the laws of the United States.

What was possibly cost the Government millions of dollars to put to be done? Were they to be set ut liberty! Were it down. If the restriction were retained, he had no they not to receive the punishment inflicted by the laws? doubt Michigan would continue to observe it in good He could not suppose that any State would not show a faith, and we should hear no more about it. We should, proper comity to the United States courts. But suppose most likely, avoid the horrors of another Toledo cam. it should happen that they were unable or unwilling to paign. He bad, therefore, thought it best to retain the do this, in what a situation would the Government be preamble, and not repeal the condition; and he hoped placed? He could not, he confessed, see in this thing the bill would pass, and pass just as it was.

any interference 'vith the rights or the liberties of the The question was then taken on the passage of the States. He had no idea that his calling the altention of bill

, and it was passed, by yeas and nays, as follows: the Judiciary Committee to the subject would have YEAS-Messrs. Benton, Brown, Buchanan, Dana, Ful caused the least debate, or he would not have done it. ton, Grandy, Hendricks, Hubbard, King of Alabama, The petition was referred to the Committee on the King of Georgia, Linn, Nicholas, Niles, Page, Parker, Judiciary. Rives, Robinson, Sevier, Strange, Tallmadge, Tipton,

TREASURY CIRCULAR. Walker, Wall, White, Wright-25.

On motion of Mr. CLAY, (Mr. Ewing, of Ohio, Nars--Messrs. Bayard, Calhoun, Clay, Crittenden, having been ca led home by sickness in his family,) the Davis, Kent, Moore, Prentiss, Southard, Swift-10. The Senate then adjourned.

Senale proceeded to the further consideration of the joint resolution repealing the Treasury order of_July last, &c. The question being on the substitute offered

by Mr. Rives, for refusing, by the United States, the FRIDAY, JANUARY 6.

paper of such banks as should issue bills under certain BUILDING FOR UNITED STATES COURTS AT specified denominationsPHILADELPHIA.

Mr. SOUTHARD addressed the Senate on the subject Mr. BUCHANAN presented the memorial of sundry remarks on the subject, as given entire in preceding

at large, in continuation and conclusion of his former recitizens of Philadelphia, praying that an appropriation

pages. may be made for the erection of a suitable building for

THE MINT BILL. the accommodation of the courts of the United States, and also for the erection of a penitentiary at that city.

On motion of Mr. WRIGHT, when Mr. SOUTHARD hr. B. said, in presenting the petition, I recommend biad concluded his remarks, this subject and all the it to the consideration of the Judiciary Committee. I other previous orders were postponed, and the Senate can say we have brought the penitentiary system in preceeded to consider, as in Committee of the whole, model, not only in many parts of this country, but in ary to the act for establishing a mint and regulating the Europe. And as it will

be necessary, at no remote time, coins of the United States. for the United States to erect penitentiaries, it appears The amendment proposed by the Committee on Fi.


Treasury Circular.

[Jan. 9, 1837.

nance, extending the limit of waslage allowed to the gress, when it pronounces it unconstitutional, and refuses chief coiner, from one one-thousandıb part to one and to enforce it.. And as well might Congress say it rea half one thousandth part, was adopied, and the bill, peals a decision of the Supreme Couri, when ihat de80 amended, was reported to the Senate.

cision, having opened its eyes to some defect in the exMr. WRIGHT entered into various explanatory de. isting law, induces it to prescribe a new rule for future tails, showing some small changes contemplated by the action. Even when the decisions of the court are pal. bill.

pably repugnant to the existing law, Corgress cannot reAfter which, the bill was ordered to lie upon the peal them. Congress may direct what decisions shall be table, but subsequently was taken up, and ordered to a made in future, but cannot repeal those already pub. third reading

lished. Neither can it repeal the decisions of the Es. After transacting some other business, the Senate spent ecutive. The Legislature prescribes rules for the gos. B short time in executive business.

ernment of both these departments, and to each of them The Senate then adjourned.

it must be left to apply them; and each must, in the first

instance, judge how far its own actions square with the Monday, JANUARY 9.

rules prescribed, upon its own official responsibility. А

direct declaration of repeal, therefore, must be alto. The CHAIR presented the credentials of the Hon. SAMUEL PREntiss, re-elected Senator for six additional gether inoperative, and of course an absurdity. The

fruth is, this Treasury order is altogether an execut ve years, from the State of Vermont. Also, the credentials of Hon. WILLIAM C. Prestos, Congress may command its re peal, and doubtless the Ex

act, and can only be undone by executive authority. re-elected Senator from the State of South Carolina.

ecutive would yield such command respectful ubedience. TREASURY CIRCULAR.

But it strikes me there is something in the mode of this On motion of Mr. CLAY, the previous orders were undertaking to effect the repeal of the Treasury order, postponed, and the Senate proceeded to the further con. not consistent with strict parliamentary propriety; at sideration of the joint resolution rescinding the Treasury least, not altogether consistent with the professed purorder of July, 1836.

pose of those who desire ils repeal. It is laid down in The question being on Mr. Rives's substitute, Jefferson's Manual, the highest authority acknowledged

Mr. STRANGE rose and addressed the Chair as fol. by us in such matters, that " When the House comlows:

mands any thing, it is by order. But facis, principles, Mr. President: It was not my purpose to have addres their own opinions and purposes, are expressed in the sed the Senate to-day, but as some gentlemen, who de form of resolutions." Now, the resolutions before us, sire to be heard on this question, have de ferred their while they assume the name of resolutions, effect the preparation from an expectation that I would occupy the office of orders, and to perform more, as I think I have foor, I am unwilling that inconvenience should result to before shown, than even an order would be competent a member of this body from any misconception arising to accomplish. from intimations I may have given. Therefore, although But, again, I am opposed to the resolutions, because not prepared to my own satisfaction, I will ask the in. they propose to prescribe a rule, unnecessarily, as Icon. dulgence of the Senate for a few moments. I could ceive, in a matter where, from its nature, a large dishave voted upon the original resolutions of the Senator cretion is desirable, being highly convenient, and in no from Ohio sub silentio, because, in so doing, my vote degree liable to dangerous use. I know it is the fashion would have explained itself; but in adopting the substic of the day to suppose that the executive authority is the tute of the Senator from Virginia, I shall be placed in an only one liable to abuse, or in any way likely to threaten equivocal position before my constituents, and there fore the liberties of the country. Among the blessings, Mr. think it neeessary that certain explanatory comments President, for which we of the present day are debtors should accompany my vote. I will not deny, that as to Heaven, there are none, pulitically speaking, for thoughts flowed in upon my mind during the discussion which we have more just reason to be grateful, than that of the original question, l'occasionally felt disposed to the formation of our constitution has not been left to give them utterance; but prudence, that cowardly and our own bands; that we bave received it ready formed, sometimes assassin virtue, destroyed each embryo pure in all its beautiful proportions, by men who seem to have pose as soon as it was formed. But now she changes i been commissioned by Heaven for this very thing. Sur. sides, and whispers me that it is due to myself, andibose rounded by an atmosphere just purified by the storms whom I have the honor in part to represent, to crave and convulsions of the Revolution, every one feeling the indulgence of the Senate for a few moments. more strongly than any other want that of an equal,

I am opposed to the original resolutions, because they wise, and impartial Government, they addressed themproposed to rescind an executive order. I do not mean selves to the task with no fecully biased by local or by this a mere verbal criticism, for I suppose the honor personal passions. They sought for truth with their able Senator really meant what bis resolution contained, visual organs purged from the mists of prejudice, and and proposes to rescind or repeal an executive order by they found her. They listened to her inspired instruca vote of the National Legislature; and this, with due def. tions, and penned the happy constitution under which erence, I conceived to be a manifest solecism. The we now live, the envy of other nations, and the pride of legislative, executive, and judicial departments of this our own. They divided Government into three depart. Government are wisely separated by the constitution, ments, and prescribed the sphere in which each should and one cannot interfere with the province of another.

Harmony and safety will ever attend its action, The legislative prescribes rules for the executive and while each strictly observes the law of its creation. But judiciary, but cannot itself perform any legislative or it is difficult to say from which the most direful results judicial function, except in ile special cases set forth in are to be apprehended, should it with eccentric move. the constitution. Congress may, if it be necessary and ment forsake its natural orbit, and invade those of its proper, command the Executive to repeal the Treasury sister planets. Viewing this matter in the light of exorder, but cannot itself repeal it. Congress passes laws perience, we should be led to suppose that from the le. for the government of every citizen, from the highest to gislative department there was the greatest reason for the lowest, and at his own peril he yields or wiibholds jealousy of usurpation, or invasion of the province of obedience.. As well, and even with more propriety, others. The most remarkable and desolating revolutions might the Supreme Court say it repeals an act of Cun. I of which modern history furnishes an account are those


Jan. 9, 1837.)

Treasury Circular.


of England and France, and the complete prostration of which there is already a natural and dangerous proclivitbe executive and judicial authorities beneath the feet ty. They propose essentially to change the office of the of the legislative marked those sanguinary events. But head of the Treasury Department, and, requiring him to to press this portion of the subject no farther, suffice it overlook the security of the national property, compel to say, that true wisdom dictates to each department | him to receive the national dues in a class of funds from great forbearance towards the others, and a no less which the debtor, having the right of selection, will of scrupulous abstinence from infringing upon their rights, course choose what will be most easily obtained, and than a jealous care of its own. The collection of the consequently, in all probability, the least safe and valurevenue is strictly an executive act. The Legislature, able. to be sure, can alone prescribe the subjects of revenue, I am again opposed to the resolutions, because, as I con. and the mode of its collection; but the funds, to use the ceive, they are intended to censure the President of the language of the resolution, in which receivable, is, in the United States. If any doubt rested upon the mind, upon general, a fair subject to be left to the Executive, under the mere perusal of the resolutions themselves

, that the constitution, and the broad range of circumstances doubt must cease as soon as we listen to the comments of which may from time to time arise. The general prin their advocates, and the reasons which urge them to their ciple, certainly, (from which neither common reason nor support. Some of the reasons upon which they are convenience will allow of any wide departure,) is, that avowedly supported are the evil motives ascribed to the the public revenue should be collected in what is ob- President, in causing the issue of the Treasury order viously equivalent to so much gold and silver, the ac they are designed to repeal. He is, in effect, charged knowledged standards of value both by the constitution with falsehood; for the Treasury order bears upon its and the usage of trade. What is so equivalent must de face, doubtlessly under his own authority and direction, pend greatly upon circumstances continually fluctua- the motives which induced him to give it existence; and iing-the currents of trade, and ibe peculiar application we are here publicly told that his true motives were of for which any given portion of the revenue is designed. an altogether different kind; thus directly charging bin Sometimes the ease of the citizen may be consulted to with an attempt to deceive the public, in placing before it a great extent, in perfect consistency with the security false motives for his official action. But this is not all. of the Treasury; and at others, noihing short of the He is not only charged with falsehood, but at least precious metals themselves will serve the purposes of one of the motives imputed to bim is in itself altogether the public demands. I do not mean to say that con base and dishonorable. We are told that some of the gress has not the power of dictating even the funds in land speculators alluded to in the order were his own which the revenue may be paid, or that there is any particular friends, whose interest he was solicitous to thing improper in her doing so; but that, in general, the promote; that they have already made large investments officer whose business it is to supervise the Treasury, in in the public lands, and are threatened with loss, or at his turn under the supervision of the Executive, will be least a necessity of holding for an inconvenient length of well capable of judging, and much more competent to time, should the United States continue to be a compet. act to the advantage of the pablic, under sudden emer. itor with them in unrestricted sales; and that, while the gencies, (which no human sagacity is sufficient to fore United States is demanding specie, they, by selling for see,) when untrammelled by rigid, inflexible rules; and, paper, would acquire a preference in the market, and therefore, unless strong considerations call for the en be enabled to command better prices; thus making the actment of such rules, it is far better to leave him with President of the United States, in forgetfulness of his the responsibility upon his own shoulders, which, with high station and his well-earned honors, to sell the latter out such enactments, would rest there. Thus the ex for trash to enrich his friends, and prostitute ihe former ecutive class of public officers would be stimulated to to gratify their avarice. Another motive assigned is, more activity; feeling, in addition to their responsibility that being in heart opposed to the deposite law of the to us, the representatives of the people, a direct re last session, he was desirous of throwing every difficulty sponsibility to them, our common masters, foribe wisdom in the way of its execution, to verify the evil omens ut. and fidelity of their action.

tered by himself and friends in relation to it, and to renI am further opposed to the resolutions, because they der it odious in the eyes of the people. To accomplish proceed upon a principle altogether unknown to custom, all this, the Treasury order was framed, in the hope that and directly at war with sound policy. In general, either the pressure and embarrassments it should produce might & public or private agent is bound to collect the debts of be imputed to the deposite act. It may be that the Presi. his principal in specie, or something clearly ils equiva. dent of the United States was not well inclined to the de. lent; his undivided attention should be directed to the posile act, and that in truth it is a mischievous measure, interest of him whom he represents. Truly, that dispo. some of the evils of wbich are now demonstrating themsition to oblige, which, with rare exceptions, character selves; that those are now feeling them who could not izes all intelligent men, and still more, in public matters, in any other way be brought to dream of their existence; that love of popularity by which alone, in our country, that in fact the connexion between present difficulties men are either elevated to office or suffered long to re and the deposite act is so intimate as to make it appear tain it, are ample guarantees that the debtor will not that one was got up by previous design to accompany the be subjected to inconveniences not demanded by the other. But however all this may be, it is well known agent's own responsibility to his principal; and these are the present Chief Magistrate is not a man to accomplish all that have been heretofore thought safe to allow the bis views by any indirection; that a bold and manly, and, debtor, or at all reasonable for him to ask. In fact, it as his enemies think, a rash and reckless policy, is one of generally bappens that consultation of his own ease in his characteristics. Yet gentlemen who udvocate these making his collections with the least labor and trouble, resolutions ascribe to him conduct highly disingenuous, the law of kindness, and the love of popularity, induce and motives exceedingly dishonorable. It is not my the agent to relax from an observance sufficiently rigid wish, in malice, to impugn the motives of any one; and of the interests of his principal, and to receive payment if I should refer unfavorably to the motives of a party, I in funds not the most valuable, if not, in many cases, hope no gentleman within or without these walls will somewhat doubtful. Such seems to have been at one consider it personal to himself, or springing, in the timę, to a very alarming extent, the fiscal experience of slightest degree, from individual feeling. We are all this Government. But these resolutions propose to spur men, and are all liable to have our judgment warped, the flying steed, to impose that as an obligation towards ! however clear and intuitive originally, by the allurements


Treasury Circular.

(Jas. 9, 1837.

of persuasion, the fascination of affection, the delusions of them my bighly esteemed personal friends, to say that of prejudice, or the madness of passion, and when I find my hostility to the bank is entirely political. To more able, myself differing with another, I am always willing to and, for aught I know, more honest bands, hearts, and suppose, and have it supposed, that either he or my- beads, than some who have heretofore held some control self have fallen under subjection to one of these malign of its affairs, they could not have been committed. But, influences.

even with them, flagrant abuses have attended its adminThere are gentlemen still living, and on the theatre istration, and the freedom of elections, that life-spring of of public action, whose fame once fired my infant soul our political system, been seriously threatened. If these wih admiration, and whose fame I still cherish as the things happen in the green tree, what will be done in boast of my country. But God has given to every ra. the dry? If honest men are borne away upon the tide of tional and responsible being faculties by which he is human passion, what may we expect when, as in the bound to try the actions and opinions of others as well as common course of things may well happen, mere stockhis own; he must be obedient to their decisions, and not jobbers and knaves shall rule over its destinies? Every suffer himself to be led captive at the chariot wheels of tendency, then, to its recharter ought to be resisted, even authority. Tried by this standard, I have found those if the problem were demonstrated that we could not whom I once viewed as little less than demigods, men of manage our fiscal concerns so well without it. like passions with myself, and in like manner subject to These, sir, are some of the reasons that would have idols, as the learned Lord Bacon has been pleased to term indisposed me a priori to support the original resolutions. the various delusions to which the human mind is expo. But gentlemen say they ought to be adopted, and the sed. While, therefore, I ain still disposed to accord !o order rescinded, because it was issued in contemptuous them the fame they so justly merit, and allow to them at disregard of the opinion of the Senate, expressed at its the same time patriotism equal to that of Curlius, who last session. If this be so, it is a grievous fault; and that sealed bis with his life, I yei see in them motives to as the alleg d perpetrator hath not been called upon more sail the present adininistration well calculated to mislead grievously to answer it, is, to my inind, proof positive thein, and find in them a practice of indiscriminate con that the accusation is groundless. The circumstance demnation of all its measures. Like the Jews of old, which, as I suppose, gives color to this charge is, that their cry continually is, “can any good come out of Naza. at the last session of Congress it was proposed in the Sen. reth?" They must be indulged in the cry, but it is the du. ate to adopt a resolution substantially conformable to ty of every one who loves his country to answer that cry, the present Treasury order, which a majority of the Senin all its various modifications, whenever he shall believe ate refused to do. To test this maiter, let us suppose il groundless, with instant denunciation, lest the people the administration the private agent of a private individ. become deluded by it, and stimulated, as of old, to the ual, whom we will imagine to be Congress. In some of sacrifice of their best friend, their truest benefactor. those moments when ihe mouth unconsciously pours Let me not be misunderstood. Much as I esteem and forth the fulness of the heart, the agent overbears his admire General Jackson as a patriot and wise statesman, principal, while casting over in his mind the large eslet it not be said I have ever ultered the blasphemous tates of which he is the proprietor, and the vast sums of thought that he bears the most remote comparison with money which, by way of rent, are pouring into his cof. the sacred personage who fell a victim to Jewish perse fers, “I believe," says be, "I will instruct my agent to cution. But I do insist that to these original resolutions receive nothing but gold and silver from my tenants." it is a just cause of resistance that they are designed to He debates the matter over with himself, and finally conswell the cry of disapprobation against an administra cludes to give his agent no instructions upon the subject. tion pronounced, as I understand, by Nathaniel Macon, But gold and silver are the legal currency of the counthe political patriarch of North Carolina, the best this try, and the agent, of his own head and imagination, country has ever witnessed.

compels the tenants to pay in gold and silver. They But this objection is intiinately connected with anoth. complain ibat it would have been far easier for them to er; and that is the tendency of the adoption of these res. have paid in the notes of specie-paying banks.

With olutions to the re-establishment of the United States

what justice could the principal complain that he had Bank. The whoie of the party with whom I have the been contemptuously treated by his agent, because he honor to act concur in the opinion that this instilution bad not construed his not commanding bim to demand cannot exist consistently with ihe constitution; and many gold and silver, as an instruction not to demand gold who differ from us in other matters unite with us in be- i and silver? I confess, had I the honor to bave been at lieving it one bigbly dangerous to the public weal. But these are questions not now for discussion; they may be sored in this way. Notwithstanding a proposal to give

the head of the Treasury Department, I should have rea. considered as settled by the verdict of the people. But, me special instructions upon this matter, Congress has sir, a new trial is moved for, and all sorts of devices are

thought it expedient to leave me to my own discretion, set on foot to prepare the mind of the only tribunal which can decide whether or not it shall be granted to

upon my official responsibility, and expects me to adopt

such measures as this novel crisis of affairs may, from lend a favorable ear to the application. None is more time to time, require. My situation is difficult and deli, likely to be successful than the conviction that the fiscal cate, and it bebooves me, with statesmanlike eye, to concerns of the country are prone to gross mismanage survey the scene; and, with manly and judicious firm. ment without it. If, therefore, Congress shall, by the ness, to adopt such measures as are demanded by the adoption of these resolutions, give color to such a belief, exigency. Puerile fears, or irresolution, on my part, gentlemen have already warned us in their speeches of may endanger the whole national treasure. But we are the bearing it is likely to have upon the question of the told that the Executive has no right to consider the state recharter of the United States Bank. This recharter is, of affairs; no right to take any measures with reference in my humble opinion, the main object for the accom. to the currency of the country, or the disposal of the plishment whereof the present administration is abused public lands. That these are matters exclusively with and vilified, and all the other party machinery set to Congress. Indeed, sir! and, pray, why have we any Ex. work. Among other things, with the cunning characteris-ecutive at all? Why dues not Congress just pass laws, tic of a certain little animal common in our country, the and place their execution in the hands of agents of their bank pretends to be dead. But it is a delusion: the monsler is not dead; it does not even sleep. I owe it to the re

own selection and appointment? Simply because our

forefathers were too wise to adopt any such form of spectable gentlemen connected with that institution, sone I government. They knew that a perpetual legislative

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