incorporation of banks, did not require the interference of Congress, and into the number of banking institutions in Florida established within the last three years, reported that the committee had attended to this business, and had come to a decision that the state of the banking institutions does require the attention of Congress. He was, therefore, instructed to report a bill and joint resolution. It was certain that laws had been passed by the territorial Legislature which should be disapproved and annulled. There was no doubt that Congress had the power to disapprove or annul, although there might arise a question, in some cases, where the property to be acted on may have passed into the hands of a third person. Such had been the lax state of the legislation in Florida on this subject, that persons having capital had gone thither expecting that, by the passage of extraordinary laws with unusual privileges, they might use their capital with greater advantage. Mr. W. concluded with reporting

An act to prohibit the passage of acts incorporating banks in Florida, without the sanction of Congress, and disapproving and annulling certain laws therein named; A joint resolution disapproving of certain charters, &c. The bill and joint resolution were read, and ordered to a second reading.

THE POST OFFICE.

[SENATE.

that, with their other emoluments, amounts respectively to four thousand dollars.

Mr. GRUNDY (his motion to strike out having precedence) explained his wishes to be to make a distinction in value between the boxes in villages and in large towns and cities. He wanted information to enable him to perfect a graduation of value, and he thought it would be best to wait for inquiry to be made by the Postmaster General, and the result to be commu. nicated, before any permanent system be adopted. He was glad that a bill had been agreed on, and he hoped it would be passed.

Mr. EWING, of Ohio, expressed also his gratification that the bill had advanced so far, and he hoped it would. be passed. But he thought that something more ought to be given concerning the postmasters than would be contained in the bill if these sections were stricken out. In that case the postmasters would be entitled to possess the perquisites which they have possessed hitherto. The amendment which the Senator from Massachusetts [Mr. Davis] proposed, gives to the postmasters at New Orleans and New York $4,000 each, and to all others $3,500, as the maximum of salary and perquisites; and he thought this a good plan, and would vote for it, and against the motion to strike out.

The question being on non-concurring with the committee in an amendment by which the 43 and 44th sections were inserted, it was agreed to.

Mr. GRUNDY then moved to strike out the 43d and 44th sections. [These are the sections which relate to the boxes in the post offices.]

Mr. DAVIS moved to amend the motion by inserting in lieu of these sections the following substitute:

Be it further enacted, That it shall be lawful for each deputy postmaster in the United States to erect and maintain in his office boxes for the accommodation of such persons as may apply for them, on the following conditions, and no other, to wit:

First. In each village, town, city, or place, containing, by the census of 1830, less than ten thousand inhabitants, each deputy postmaster may rent such boxes at any sum not exceeding one dollar each a year.

Second. In each village, town, or city, containing more than ten thousand and less than twenty thousand inhabitants, by the said census, each deputy postmaster may rent such boxes for any sum not exceeding one dollar and fifty cents a year.

Third. In each village, town, or city, containing, by said census, more than twenty thousand inhabitants, such deputy postmaster may rent such boxes for any sum not exceeding two dollars a year.

Fourth. The expense of erecting such boxes shall be defrayed out of the revenue arising therefrom.

Fifth. The several deputy postmasters shall keep a true account of all the proceeds arising from the rent of such boxes, and make return thereof with the other accounts of his office.

Sixth. The several deputy postmasters, except in the cities of New York and New Orleans, may, in addition to the other allowances made to them by law for their services, detain for their own use the revenue arising from said boxes, provided such revenue, when added to the other emoluments, shall not exceed the sum of thirty-five hundred dollars in a year; in which case the balance shall be paid as other revenues to the General Post Office.

Seventh. The deputy postmasters may detain in their respective hands from the revenue of said boxes until

different, and less disposed to accommodation. As the postmaster came more in contact with the public than any other officer, it was desirable that a good understanding should exist between them. He dwelt on the necessity of having a responsible officer, who possessed the good will of the citizens, to conduct the post office in every place; and went into a calculation of the area required for a specified number of boxes, to show how the concession of this convenience to the public increased the amount of the rent and the labors of the office.

Mr. BUCHANAN said the subject was not well understood. There had been no complaint on the subject of these boxes. The effect of the amendment of the Senator from Massachusetts would be that in every village the postmaster may exact a tax of any amount not exceeding one dollar. In Philadelphia every one approved the present system; whoever wishes a box pays four dollars. The postmaster there has never rented more than 450 of them, and never received more in any one year than $1,350, making his total revenue from the office $3,500. The only objection advanced against the system is, that the postmasters at New York and New Orleans receive too much. This evil, if it exists, might be remedied without changing the system. The new scheme would derange, also, the condition of the Philadelphia post office. The postmaster could no longer be the ensurer of the Department for the merchants. He was willing to say that no postmaster shall receive more than $4,000, as he thought the postmaster at New York received too much.

Mr. PORTER stated that the postmaster at New Or leans did not receive too much. He reminded the Senate that postmasters were responsible for the letters in their custody; and concluded with stating that he preferred the amendment of the Senator from Pennsylvania, on account of its simple character, to that moved by the Senator from Massachusetts.

After a few words from Mr. GRUNDY,

Mr. DAVIS explained his proposition. He stated that in all cases where the population does not exceed 10,000, it is proposed to leave the boxes in the situation in which they had been placed by the House. If the population is from 10,000 to 20,000, the postmaster is authorized to charge $1 50. If the population exceeds

20,000, the price is to be fixed at $2. As regards New York and New Orleans, the proceeds of the office to the postmaster are not to exceed $4,000. He saw no danger of any diminution of convenience to the public from his proposed arrangement. He stated that there had been complaints of the present system, and that in New York, gentlemen residing out of the city were obliged to buy boxes, or were unable to obtain their letters as soon as those who possessed boxes. He said that a change was also required by the inordinate salaries given to some of the postmasters, which was far more than was paid to State officers of the first rank.

Other remarks were made by Mr. DAVIS, and the debate was continued by Mr. BUCHANAN. The ques tion was then taken on the motion of Mr. GRUNDY to strike out, and was carried in the affirmative: Ayes 25. Mr. DAVIS then moved to insert his substitute, and asked for the yeas and nays; which were ordered.

The question was then taken on the motion to amend, and was decided as follows:

YEAS-Messrs. Bayard, Clay, Clayton, Crittenden, Davis, Ewing of Ohio, Goldsborough, Knight, Mangum, Moore, Prentiss, Robbins, Southard, Swift, Tomlinson, Webster-16.

NAYS-Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Grundy, Hendricks, Hubbard, Kent, King of Alabama, King of Georgia, Linn, McKean, Morris, Nicholas, Niles, Page, Porter, Preston, Rives, Robinson, Ruggles, Shepley, Tallmadge, Walker, Wall, White, Wright-28.

Mr. BUCHANAN moved the following amendment: "Be it enacted, That each postmaster and deputy postmaster shall make quarterly returns of the amount received by him for the rent of boxes; and if the same shail exceed the sum of two thousand dollars per annum, he shall account for and pay over the excess.'

Mr. GRUNDY opposed the amendment. He thought the postage on letters at present too high, and wished the subject to stand over until the whole subject should be considered at the next session. He wished the amendment could be withdrawn.

Mr. BUCHANAN declined to withdraw the amendment.

Mr. WEBSTER called for the yeas and nays; which were ordered.

Mr. CLAY said this matter of perquisites was inconsistent with the genius of our Government. He knew these perquisites existed, but he had never dreamt that the Senate would have been seriously engaged in regu lating these perquisites. They might as well undertake to regulate the perquisites of custom-house officers. If a postmaster receives 1,000 dollars salary, and by means of his exactions can make another 1,000, the law is now to be changed so as to give him authority to do so. was glad to find that the attention of the popular branch had been called to the subject, and that they had arrested this official abuse in the beginning.

He

Mr. GRUNDY said that the boxes had been established at Boston about forty years ago. He wished the subject to remain over until the next session.

Mr. DAVIS said this was a beginning of legal enactments on the subject, and he should, therefore, vote against the amendment.

The question was then taken on the motion of Mr. GRUNDY, and decided in the negative: Yeas 15, nays 29. Mr. PORTER moved to amend the bill by introducing a provision that the Postmaster General shall keep all offers for contracts, &c., in a well-bound volume, &c., and reported to Congress and published.

The amendment was agreed to. The bill was then reported to the Senate as amended; the amendments were concurred in, and the bill was ordered to be engrossed, and read a third time.

[JUNE 20, 1836.

The message of the President of the United States, returning the bill to fix the day for the annual meeting of Congress, &c., being the special order, was, on motion of Mr. CLAYTON, postponed till to-morrow, and made the special order for that day.

MILITARY ESTABLISHMENT.

On motion of Mr. BENTON, the Senate took up the bill to increase the military peace establishment of the United States.

[The bill proposes to increase the rank and file of the army to 10,524; and also proposes a considerable increase to the general staff, an addition of three paymasters, and a small increase of the medical staff.]

Mr. BENTON explained and advocated the bill. Mr. CLAY said he had supposed that as no augmentation of the army could be of any service for the present Indian wars, which must terminate long before the recruiting could be completed, and as they had passed a law already to raise ten thousand volunteers, and an additional regiment of dragoons, that this bill would not be pressed. Considering the militia as the proper constitutional force for repelling all insurrections and invasiong, and considering that the additional regiment of dragoons was a sufficient increase of the military peace establishment, he would, to try the sense of the Senate, move to strike out the first section of the bill.

Mr. LINN spoke against the motion at some length. He showed the urgent necessity there was for increasing the military force for the protection of our Indian frontiers, and quoted the opinions of the Secretary of War, and of General Jesup, in support of his argument.

The present frontier population of Missouri were very different from those hardy and warlike adventurers who conquered the valley of the Mississippi. They were generally persons in easy circumstances, who had emigrated from the East for the purpose of acquiring land for their growing families, and were more fitted for the pursuits of peace and industry than the hardships and dangers of Indian warfare. It was all-important to such to be able to pursue their usual avocations without the constant dread of savage aggressions. There was no doubt but they could conquer the Indians, but it would be after many fair fields had been made desolate, and many a widow would be weeping over her fatherless children. It would be a humane policy towards the Indians themselves, as well as justice to the frontier States, to have such a force as would prevent the possi bility of an Indian outbreak. Mr. L. spoke of the warlike character of the Indians, the feelings of hatred and revenge they must necessarily indulge against the whites; and the facilities they have for forming combinations, in consequence of so many of them having been thrown into situations inviting intercourse on the borders of the frontier States-all of which powerfully argued the necessity of having a sufficient force to overawe them.

Mr. BENTON also opposed the motion. The increase of the army was not asked for, he said, in consequence of the present Indian wars going on in the South. It was a permanent increase of the army, called for by the situation of the frontier States, on whose borders the Government had placed, without their consent, such vast numbers of well-armed and well-supplied Indians. The increase now asked for would not make the army as full as it was in 1815, when there was far less occasion for a military force than now. Mr. B. asked for the yeas and nays on the question; which were ordered.

A discussion here followed, in which Messrs. CALHOUN, PORTER, WRIGHT, BENTON, and PRESTON, took part, relative to the additional expense that would be incurred by the proposed increase of the rank and file of the army.

Mr. CRITTENDEN supported the motion to strike

JUNE 21, 1836.]

He

out the first section. He considered the increase of the army unnecessary to protect the frontiers against a broken, divided, and down-trodden race, so far subdued in spirit as to be removed from the homes of their childhood and the graves of their ancestors, without raising a hand. He denied that there was any probability of a combination of different tribes, they being more likely to quarrel with one another than with the whites. thought too that an infantry force would not be available in Indian warfare, and that the two dragoon regiments now in the service were an ample protection. As to sudden outbreaks, he did not think, such was the Indian character, that all the force that could be raised would prevent them. He had all his life been well acquainted in Louisiana and Arkansas, and he had never heard of a white man being slain by an Indian there; and, with the exception of the Black Hawk war, there had been no bloodshed in Illinois and Indiana.

Mr. LINN replied to Mr. CRITTENDEN; and, after a further debate between Messrs. CALHOUN, PORTER, and CRITTENDEN, the question was taken on Mr. CLAY'S motion, and it was rejected: Yeas 6, nays 26, as follows:

YEAS-Messrs. Clay, Ewing of Ohio, Kent, Knight, Prentiss, Southard-6.

NAYS-Messrs. Benton, Black, Brown, Buchanan, Calhoun, Cuthbert, Goldsborough, Grundy, Hubbard, King of Alabama, Linn, Mangum, Morris, Nicholas, Niles, Page, Porter, Preston, Rives, Robinson, Ruggles, Tallmadge, Walker, Wall, White, Wright-26.

Mr. CALHOUN moved to strike out the 7th and 8th sections of the bill, providing for an increase of the med. ical staff, and for the appointment of three additional paymasters, on the ground that bills for this purpose had already passed the Senate, and been sent to the other House.

Mr. BENTON said he would insert a proviso that these sections should not take effect, provided the bills referred to become a law.

Mr. CALHOUN then withdrew his motion.

Mr. PRESTON, after some remarks on the provisions of the bill increasing the general staff, moved to strike them out. He preferred waiting till the next session of Congress, before increasing these branches of the service, when a plan would be submitted by the Secretary of War, containing all the information for them to act with a full understanding of the subject.

This motion was agreed to.

Mr. NICHOLAS moved to strike out the sections giving the franking privilege to the bureaus of the War Department, and authorizing the President to equip one regiment of infantry as a regiment of riflemen, and to direct certain officers to perform the duties of superior officers who may be absent. Mr. N. believed that the President possessed these powers already.

This motion was also agreed to, and the bill was or dered to be engrossed for a third reading: Yeas 26, nays 8, as follows:

YEAS--Messrs. Benton, Black, Brown, Buchanan, Calhoun, Cuthbert, Goldsborough, Hendricks, Hubbard, King of Alabama, King of Georgia, Linn, Nicholas, Page, Porter, Preston, Rives, Robinson, Ruggles, Shepley, Tallmadge, Tipton, Walker, Wall, White, Wright-26.

NAYS-Messrs. Clay, Crittenden, Davis, Kent, Knight, Southard, Swift, Tomlinson-8.

PATENT OFFICE.

Mr. RUGGLES moved to postpone the orders to take up the bill to provide for the erection of a building for a Patent Office; which was agreed to.

Some debate took place on this bill, which proposes

[SENATE.

to expend $180,000 in the building of a Patent Office; but, before any question was taken,

On motion of Mr. CALHOUN, the Senate adjourned.

TUESDAY, JUNE 21. MICHIGAN.

Mr. CLAYTON, from the Committee on the Judiciary, reported on the amendment made by the House of Representatives to the bill to provide for the execution of the laws of the United States in Michigan. The committee reported a disagreement with that amendment which fixes $1,500 as the compensation for the district judge of Michigan, and a recommendation that the salary be fixed at $1,800.

The motion to amend made by Mr. CLAYTON, in conformity with the instructions of the committee, was opposed by Mr. EWING; but, before any question was taken, in order to give time for further consideration, On motion of Mr. CLAYTON, the bill and amend. ment were, for the present, laid on the table.

HUMPHREY MARSHALL.

Mr. CRITTENDEN moved to take up the report of the Committee on Pensions, adverse to the petition of Humphrey Marshall, of Kentucky.

Mr. CRITTENDEN offered the following amendment: to strike out, after the word "Resolved," the words "that the prayer of the petitioners ought not to be granted," and insert "that the petitioner is not entitled to pensions or allowances under both the acts of Congress of 7th June, 1832, and 5th July, 1832, but that there was no power in the accounting officers of the Treasury to detain the sums becoming due on pensions accruing to reimburse sums erroneously paid on the other."

A discussion ensued on this amendment, in which Messrs. CRITTENDEN, TOMLINSON, WHITE, and LINN, took part; when

Mr. CRITTENDEN said he must ask for a division of the question, as he could not vote for the first branch of the resolution, believing that the petitioner was entitled to both pensions.

A division was accordingly ordered; and the question being on the first branch of the amendment, it was carried by the following vote:

YEAS--Messrs. Clay, Cuthbert, Ewing of Ohio, Goldsborough, Grundy, Hendricks, Hubbard, Kent, King of Alabama, King of Georgia, Knight, Linn, Mangum, McKean, Morris, Niles, Page, Prentiss, Robbins, Robinson, Ruggles, Shepley, Swift, Tomlinson, Walker, Wall, White, Wright-28.

NAYS-Messrs. Black, Brown, Crittenden, Nicholas, Porter, Rives-6.

The question was then taken on the second branch of the amendment, and it was rejected: Yeas 15, nays 23, as follows:

YEAS-Messrs. Bayard, Clay, Clayton, Crittenden, Goldsborough, Hendricks, Hubbard, Kent, Linn, Nicholas, Niles, Porter, Robbins, Webster, White-15.

NAYS-Messrs. Black, Brown, Cuthbert, Davis, Ewing of Ohio, Grundy, Kent, King of Alabama, Knight, McKean, Mangum, Morris, Page, Prentiss, Rives, Robinson, Ruggles, Shepley, Swift, Tomlinson, Walker, Wall, Wright--23.

The report of the committee was then concurred in. MILITARY ESTABLISHMENT.

A bill to increase the present military establishment of the United States was read a third time, and passed. [This bill, as it has been amended, provides that there shall be added to each company of artillery of the army one sergeant-major, one quartermaster-sergeant, two corporals, and twenty-seven privates; and to each com

pany of infantry one sergeant-major, one quartermastersergeant, one sergeant, two corporals, and thirty privates; and to each company of dragoons one sergeantmajor, one quartermaster-sergeant, and one saddler. The present regimental sergeants-major and quartermaster-sergeants, and first sergeant, to be discontinued, and in lieu thereof there shall be appointed, for each regiment, two sub-adjutants, with the rank, pay, and emoluments of cadets. The bill further authorizes the President to assign to any officer of the army, when necessary, the duties of paymaster; and provides that five additional surgeons and ten additional assistant surgeons to the army be appointed. The bill also authorizes the President, when deemed expedient, to cause one of the regiments of infantry to be armed and equipped and to serve as a regiment of riflemen, and another regiment to be equipped and to serve as a regiment of light in fantry.]

NAVY OF THE UNITED STATES.

The bill for organizing the navy of the United States was taken up and read the second time as in Committee of the Whole.

Mr. LINN inquired what would be the additional expenditure by the proposed increase of officers and with the additional grades.

Mr. SOUTHARD replied that it would be difficult to answer the question put by the honorable Senator from Missouri. Some grades hitherto unknown to the service were added, and, consequently, the compensations had not been provided for, it being the opinion of the naval committee that the bill for the organization of the navy should be kept separate from the pay of its officers. The increased expense, however, would not be great; but if this bill passed, it would then be necessary to pass a bill fixing the pay of the increased grades.

The object of the bill was for the first time to give an organization to the navy, as there was no law fixing the number of its officers, their rank, or for prescribing the mode of passing from one rank to another, although the navy had been forty years in existence. There was also no other authority by which officers came into the navy but the appointments of the President and the confirmation of the Senate. The President might to-day appoint one hundred captains, and the Senate might confirm them, and there would be no law violated. The first feature in the bill was to fix the time and descrip tion of persons to come into the navy, which was now a matter of executive discretion. A lad, if he comes into the navy as a midshipman, if he behaves himself, becomes, in the process of time, a captain, though there is no law by which he is appointed. Children at the breast had been known to be appointed as midshipmen, as also men of 24 or 25 years of age.

The committee thought it better to regulate by law the age at which boys should enter the navy, and had fixed it at between the ages of fourteen and eighteen; though it was proper to observe that this was the rule at present existing in the navy on that subject. It was also provided that the midshipmen shall be taken from all the States of the Union, as nearly as possible in equal proportions, so that every State shall feel an equal interest in the navy. Two or three additional grades were put into the bill, through which the midshipman is to pass, in order that he may be well acquainted with every branch of the service by the time he comes to command a

vessel.

Mr. S. then explained the principles on which the officers of the navy are to be promoted. With regard to the non-combatant officers, it was difficult to fix their rank by law, and that matter was therefore very appropriately left, for the present, to the Executive.

It would be proper for him to say something with re

[JUNE 21, 1836.

gard to the grade of admiral, created by this bill, which had not heretofore existed in the service. The bill proposed to create the additional grades of admirals, vice admirals, and rear admirals, with this limitation, that there shall not be appointed more than a certain number of them. He knew that there were difficulties existing about this grade. There were feelings which were always brought into operation when admirals were mentioned. They were assimilated to an order of nobi lity, because the same rank was held by many noblemen in the British naval service. But such ought not to be the feelings in this country; for the grade of admiral was connected with our revolutionary history. The first resolutions of the revolutionary Congress on the subject of a navy was, to create admirals. But what was there in this rank to excite so much jealousy? It was nothing more than the rank of brigadier general; and what difference was there between a brigadier general at sea, and a brigadier general on land. There was no more a title of nobility in one than in the other. It was merely the creation of additional officers, because the creation of additional services demanded it.

It was in vain to talk of managing fleets and squadrons, commanded by a captain of the same grade with those commanding the other vessels in it. Every prin ciple of discipline forbids it. There was a necessary intercourse between our ships and those of foreign nations, We had now a navy, which was respectable, and we must give to that right arm of the defence of the coun try whatever was necessary for its discipline and efficiency. This they must and ought to do. When our vessels are abroad, their commanders meet with officers commanding the vessels of foreign Powers of a higher rank than themselves, and they feel of course mortified at the difference. Why should this be so? Should our vessels serve in a combined squadron with those of foreign Powers, our flag must be degraded. Why should it he so? If there was ever a time when the grade of admiral should be created in the service, that time had now arrived. There were men in the navy who had been at sea for twenty years. [Mr. S. here paid a handsome compliment to the skill and gallantry of the officers of the navy, contending that this additional rank was due to them, as well as to the best interests of the service. ] Under all circumstances, to do justice to our officers, and to make the navy, whose interests all had so deeply at heart, efficient as well as respectable, he hoped that the whole bill would pass.

Mr. BUCHANAN had not supposed that, within a week or ten days of the end of the session, this bill would be taken up with the purpose of seriously acting on it. It was a matter of deep importance, and required mature consideration, and as the Senate was thin, he thought that it had better be postponed. He did not mean to be understood as saying any thing in disparagement of the officers of the navy. Their country owed them a deep debt of gratitude, and their skill and gal lantry would do honor to any service. But, for considerations of this kind, ought they to be hurried into a measure of such great importance at this late period of the session, when there was no time allowed for sufficient discussion or investigation? In order to have some idea of the importance of this bill, he would compare the number of officers it provided for with the number now in the navy. We have now, said he, thirty-nine captains, and, instead of them, this bill proposed fifty-five captains, nine commodores, and seven admirals. have now forty masters commandant, and this bill pro poses to increase the number to seventy five. So that this bill will make the number of admirals, commodores, captains, and commanders, one hundred and forty-six. We have now two hundred and fifty-eight lieutenants, and under this bill there will be three hundred and fit

We

ty-eight first and second lieutenants, adding one hundred. The passed midshipmen were much more numerous at present than was proposed by the bill. He would say nothing more as to this part of the bill. It was sufficient to show its importance, and the impossibility of treating it properly at this late period.

At the last night of the last session they passed a bill increasing the pay of the officers of the navy; and he never gave a vote with more reluctance than he did when he voted against that bill. Subsequent reflection, however, had confirmed his convictions of the propriety of the vote he gave on that occasion. He expressed his opinion then, and he thought now, that the pay of the highest officers, considering the expenses they were subjected to on foreign stations, was fixed too low, while that of the intermediate grades was too high. The pay of the midshipmen, if they had any inclination for dissipation, was enough to ruin them. He stated his objections then, but was overruled by the arguments of the Senator from New Jersey, who contended, as now, that it was to secure the discipline and efficiency of the For one he was not disposed to give his vote on so important a measure as this, at this late period of the session. It was obvious that it could not pass both Houses without occasioning much debate; and the session was too far advanced now to engage in it. In order to try the sense of the Senate, he would move to lay the bill on the table; and if this motion should not prevail, he would then offer some amendments.

navy.

After a few additional observations from Messrs. SOUTHARD and BUCHANAN, the question was taken, and the bill was laid on the table, by the following

vote:

YEAS-Messrs. Brown, Buchanan, Calhoun, Clay, Cuthbert, Hendricks, Hubbard, King of Alabama, King of Georgia, Mangum, Page, Rives, Robinson, Ruggles, Shepley, Tipton, White, Wright-18.

NAYS-Messrs. Bayard, Benton, Black, Davis, Ewing of Ohio, Goldsborough, Kent, Knight, Leigh, Linn, Nicholas, Preston Robbins, Southard, Swift, Web

ster--15.

After taking up, considering, and ordering several bills to a third reading, the Senate went into the consideration of executive business; after which, Adjourned.

WEDNESDAY, JUNE 22. PAPER CURRENCY.

A resolution submitted by Mr. BENTON, directing the Secretary of the Treasury to inquire of the deposite banks, and other banks of good credit, whether, in the event of their continuing or becoming the depositories of the public money, they are willing to relinquish the circulation of notes less than ten dollars, and to promote the gold currency, was considered in its order.

The resolution was opposed by Messrs. EWING of Ohio, WEBSTER, and WALKER, and supported by Messrs. BENTON, NILES, and MANGUM; and, On motion of Mr. MANGUM, the resolution was, for the present, laid on the table.

PUBLIC DEPOSITES.

[SENATE.

which shall be in the Treasury of the United States on the 1st day of January, 1837, reserving the sum of five millions of dollars, shall be deposited with such of the several States, in proportion to their respective representation in the Senate and House of Representatives of the United States, as shall by law authorize their treasurers, or the competent authorities, to receive the same on the terms hereinafter specified; and the Secretary of the Treasury shall deliver the same to such treasurer, or other competent authorities, on receiving certificates of deposites therefor, signed by such competent authorities, in such form as may be prescribed by the Secretary aforesaid, which certificate shall express the usual and legal obligations, and shall pledge the faith of the State for the safe-keeping and repayment thereof, and shall pledge the faith of the States receiving the same to pay the said moneys, and every part thereof, from time to time, whenever the same shall be required by the Secretary of the Treasury, for the purpose of defraying any wants of the public Treasury beyond the amount of the five millions aforesaid: Provided, That, if any State declines to receive its proportion of the surplus aforesaid, on the terms before named, the same shall be deposited with the other States agreeing to accept the same on deposite, in the proportion aforesaid: And provided, further, That, when said money, or any part thereof, shall be wanted by the said Secretary, to meet the appropriations made by law, the same shall be called for in ratable proportions, within one year, as nearly as conveniently may be, from the different States with which the same is deposited, and shall not be called for in sums exceeding ten thousand dollars, from any one State, in any one month, without previous notice of thirty days for every additional sum of $20,000 which may at any time be required.

The amendment being read,

Mr. CALHOUN moved to lay it on the table for examination; which motion, after a few words from Mr. WEBSTER, was agreed to.

[The amendments of the House to the bill granting lands to the State of Alabama, for the purposes specified therein, was taken up, and concurred in.]

On motion of Mr. CALHOUN, the Senate proceeded to consider the amendment to the deposite bill.

Mr. CALHOUN moved that the Senate concur in the amendment.

Mr. WEBSTER expressed his acquiescence, but said he should have preferred the bill as it went from the Senate, as it was then in a form which disconnected it For other reasons, also, he would have preferred the bill as most completely from the State Governments. it went from the Senate.

Mr. MORRIS objected to the motion to concur, as he thought the amendment by which the States were bound to repay the deposite on the demand of the General Government very exceptionable, and likely to lead to serious abuses. He would rather give the money exclusively to the States than vote for this amendment. He hoped the amendment would be printed. He was opposed to all compromises, where right and principle

were involved.

the Senate.

The amendment is as follows: Strike out the thirteenth section, and insert, in lieu thereof, the following:

SEC. 13. And be it further enacted, That the money VOL. XII.-117

he thought of the amendment, he was not prepared to meet this responsibility. The House objected to the Senate bill, that it placed the money in the State treasuries, not as a public deposite, because the Federal Government did not reserve the power to reclaim the money at any time, and that this was not a constitutional mode of depositing. The bill was amended to obviate the objection, and he hoped the amendment would be concurred in.