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[MAY 9, 1834.

He

Department a tabular statement of the amount of duties vinced that the officers there employed could not be dis received in each year, or quarter of the year, from 1828 pensed with. He had never seen in his life individuals to this time; and therefore these facts are now submitted more busily employed. Gentlemen appeared to suppose merely to warn the House of the danger of proceeding that, because the rate of duties had been lessened, there further in a course of legislation in which they must obvi- was less employment for custom house-officers. ously grope their way in the dark. They are well aware would inform those gentlemen that every thing required that the compromise act has made, and is making, a ma- before to be done was necessary now. In fact, some terial revolution in the receipt of customs, and as materi-portion of employment was greatly increased. The abally affecting the services of very many of the officers struse mode of calculating duties required by the comconnected with the collection of imposts. Of this they promise law was calculated sometimes to puzzle even an have just been apprized by a letter from the Secretary of expert accountant. The gentleman from Ohio [Mr. the Treasury, transmitted to the Committee of Ways and VANCE] had alluded to his remark, that the high tariff of Means; so that the subject of the amendment on the table 1828 had increased the propensity for smuggling. This is now before two of your committees--one general, and was notoriously the fact, and rendered more officers es the other special; and yet you are about to sweep the sential to the protection of the revenue; and one of the matter from under them without one particle of informa- most unfortunate consequences of the system of high du. tion upon which you can found any thing like safe legis-ties is, that when men, under the temptation of fifty per cent., have been induced to smuggle, they will not leave Mr. C. wished to be understood that he gave no opin it off when duties are reduced to twenty-five per cent. ion on the merits of the proposition-he did not wish to It must also be remembered that the trade of New York prejudge them; for on another occasion, and in another had nearly doubled since 1828. It had swallowed up that place, they might be sufficiently just to deserve respect: of many other places, and, it might be said, of almost all he only wished to exclude the subject from a common other places in the United States. That a large increase appropriation law, designed for other purposes, and of officers, under these circumstances, was necessary, where, if once lodged, it might be placed beyond the power of future control.

lation.

Mr. HUNTINGTON, of Connecticut, opposed the amendment, the true effects of which he stated to be, to give men salaries for duties they had no longer to perform. Mr. SUTHERLAND modified his amendment, so as to confine it to collectors, naval officers, and surveyors.

Mr. GORHAM said that this modification had removed his chief objection to the amendment, which was, increasing the salaries of men appointed, not by the President and Senate, but by the collector only.

Mr. HARPER stated some facts, showing abuses which existed in the custom-house at Philadelphia; but had less objection to the amendment as now modified.

was not a matter of surprise.

Mr. BROWN said, the amendment offered by the gen tleman from Ohio [Mr. VANCE] proposes to strike from existence one hundred and twenty-one of the officers employed in the collection of the revenue in the city of New York. As one of the delegation from that State, he could not feel indifferent to the fate of this extraordinary prop osition; and unwilling as he was to occupy the attention of the House, he must be permitted to make a few observations upon the subject. Gentlemen seem to argue this question as if the revenue officers and the Government alone were interested in its decision. He begged to correct this impression, if he was right in supposing such existed in the minds of honorable members. There was another class whose interests might be prejudiced by the event; that class was the merchants; those concerned in the vast commerce of the city, which led them to transact business with the custom-house. What information is there before Congress that the officers employed in that branch of the public service were too numerous? Mr. VANCE now offered an amendment to the amend- Were there more than the public interest and convenience ment before the House, directing the collector in New required? None whatever, sir. The facts communicated York to dismiss a long list of officers in the custom-house by the gentleman from Georgia [Mr. CLAYTON] do not there, including 1 deputy collector, 1 assistant cashier, touch the question. He would, at a proper time, and 20 clerks, 4 assistan: appraisers, 31 night-watches, &c. upon a proper occasion, go with gentlemen in any reasonamounting in all to 121. He briefly advocated this

Mr. SELDEN supported the amendment. He thought the great want of reformation had respect to the inferior officers; the naval officer, in particular, might be dispensed with altogether.

Mr. JARVIS opposed the amendment, and commented on the high salaries of custom-house officers.

amendment.

able effort to reduce the number of revenue officers, or the salaries of revenue officers, whenever such reduction Mr. CAMBRELENG said he must be permitted to say can be made without injury to the public service, or di this was an extraordinary mode of proceeding upon a minishing the facilities for the transaction of commercial subject which required so careful an examination of facts. business. What particular reason exists for the applica The gentleman from Georgia [Mr. CLAYTON] had referred tion of this proposition to the city of New York alone, to the increase of officers at New York. He hoped that the House had not been informed, nor could he conjecgentleman would do the collector the justice to ascertain ture. Gentlemen were sometimes inclined to find fault the number of vessels which entered and cleared at that with New York politics and New York influence; but he port; examine into the amount of the revenue collected, hardly expected, while the general appropriation bill and satisfy himself whether it was collected so economical- was under consideration, that the number of her citizens ly at any other port of the United States. He was entirely willing to support any well-digested and practicable arrangement of these offices. The amendment, as it had been originally moved, was the same as was proposed at the last session by the then chairman of the Committee of Ways and Means-a gentleman who resided in the city of New York, and who had also drawn the report in favor of the

engaged in the collection of the revenue should be made the special subject of animadversion. New York has much to be proud of besides her well-spread commerce, which it might not become her representatives to enumerate here. And she had as little to fear from the most searching scrutiny into her political affairs on any other branch of her public concerns, as any other portion of the Union. He hoped gentlemen might have an oppor Mr. PARKER said the amendment to the amendment tunity to see her as she really was; and when they felt in did not go far enough. It only proposed to dismiss a part clined to speak of the number of officers employed within of the custom-house officers. It should have gone to dis- her limits in the preservation and collection of the rev miss the whole. He had frequently had occasion to go to enue, he begged they would not forget her commerce, the custom-house in New York. He was entirely con- and the vast amount of revenue she brought yearly into

United States Bank.

MAY 9, 1834.]

The General Appropriation Bill.

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the public treasury. The gentleman from Connecticut gislative department of Government, by requesting, from [Mr. HUNTINGTON] seemed to think that the extent of certain sources, a statement of expenses in different service rendered in carrying into effect the revenue laws, branches-it was whispered immediately that an inquiry and the collection of the impost duties, depended upon into the expense of paper, pens, and wafers, was a "small the amount realized by the Government; and that the business." operation of the last tariff law has taken away the neces-shoot away wafers for amusement the live-long day, and Members may sit here in this chamber and sity for the same number of custom-house officers. opinion, he apprehended, was not true, to the extent tempted, it would doubtless be called a "small business, This if a correction of such an undignified sport should be atwhich the gentleman seemed to suppose; and the observa- never once dreaming that the act itself is a very little af tions of his colleague [Mr. CAMBRELENG] were so full fair. and satisfactory that he would not trouble the House with the cry of "small business;" if you seek to appor If we go to the custom houses, we are met directly further with that branch of the subject. Although, as a general rule, he was opposed to legisla- bor. tion the expenses to the services, or the officers to the lating upon officers or salaries in an appropriation bill, tion which hardly hangs together by reason of its wasteIf we should knock at the Post Office, that institufurther than to provide means for the payment of those ful debaucheries, we should be told researches here for already created, still, rather than leave collectors, sur-the purpose of scaling down the number of clerks, or veyors, and naval officers without an adequate compensa- their salaries, will be a very "small business." Indeed, tion, he would so far depart from this rule as to vote for where can we go to escape this reproachful term? No, the amendment making provision for that purpose. Mr. PEARCE, of Rhode Island, spoke in opposition ful responsibility; and they owe it to themselves, as well sir, there is devolved upon the committee a trust of fearto the motion, and in reply to Messrs. VANCE and CLAY-as to the country, not to shrink from their duty; not to be culated to promote the public interest, or the purity and shamed out of a service than which nothing is better calduration of the Government. determined to persevere, and, in the language of a celeFor one, he said, he was Mr. FILLMORE, being solicitous, as he said, that this lieved, it was equally the intention of the rest of the combrated Tennessean, to stand up to his rack; and, he beamendment should not be considered as inconsistent with mittee to do the same thing. It has been said, nothing the clause adopted on motion of the member from Ohio, can be done in this House, but that New York must be [Mr. VANCE,] moved to amend the amendment by add-attacked. Mr. C. said he disclaimed all such views. He ing to it the provision, that in no case should the com- could not, under any circumstances, be induced to be pensation of a collector exceed three thousand dollars, guided by such a narrow policy. He was quite sure that nor that of a surveyor and naval officer twenty-five hundred dollars each.

TON.

Mr. VANCE said, as the House was impatient for the question, and as the gentleman from New York [Mr. CAMBRELENG] did not wish his amendment to be encumbered, he would withdraw his motion.

Mr. SUTHERLAND accepted the amendment as a modification, in order to prevent further delay, declaring, at the same time, that he was opposed to the reduction of the emoluments of those officers.

Mr. CLAYTON again rose and remarked, that though several amendments had been submitted and withdrawn, yet they had given rise to very many insinuations that could not possibly follow them, and he felt it his duty to reply to them.

such a course from him would be signally illiberal, for he deserved it less than the inhabitants of the city of New had lately received the most pleasing proof that no one York, from whom he had received the most generous and hospitable treatment. He appealed to the candor of the whether any thing in his remarks had tended to impugn House, and the sincerity of the gentleman himself, to say, the conduct of the officers of the custom-house, or to reflect upon the character of the people of New York. He had sought and derived his facts from that city, because The gentleman from New York [Mr.it was the most important point, being the great centre of CAMBRELENG] had said, in substance, that the inquiry commerce, and, it seemed to him, the most appropriate made concerning the condition of the custom-house at place to begin the inquiry, seeing we must begin someNew York was a small business. [Mr. CAMBRELENG here rose to explain that he did not subject under consideration had better be postponed until where; and he merely adduced them now to show that the say the inquiry into the affairs of the custom-house was a full investigation should furnish the House with the proa small business; but as to the number of clerks, and their per materials for action. compensation, he did consider it a very little matter.] He wished it to be distinctly Mr. C. resumed, by saying that the question was tion with no partial or illiberal views; that party considerunderstood that he intended to enter into this examinafast becoming one of little consequence, by the unneces-ations should form no part of the principle by which he sary interference of the gentleman, and the very little un- would be actuated, being resolved that the benefit of the derstanding which he manifested concerning its true country, and the whole country, should alone direct his character. His remarks, he said, related to the entire sub-every movement. He had requested one of his colleagues ject of retrenchment; and that branch, connected with the on the committee to withdraw his amendment, because collection of the customs, had furnished the first opportu-it seemed to be partial in its effects, and partook of the nity of illustrating the necessity of a full investigation of the nature of his other objection to the original amendment, charge confided to the committee of which he was the which was, that the appropriation law was not the proper chairman; not by scraps of legislation in this and in that stock upon which to ingraft the abolition of offices, or the Jaw, but that it should be reduced to a system, embracing reduction of salaries. every expenditure of Government, in every department, to retrench the expenses of Government, and the comIf the House is honest in its desire and to be carried out in one complete general law. This mittee be faithful in the supply of the proper occasions is not the first time he had heard that the object of the for such a commendable service, they will have a fair opCommittee of Retrenchment was a small affair, and he portunity to gratify their wishes. But if, in every law had no doubt that an attempt would be made to accom- which comes before the House, where appropriations are plish, by sneers and taunts, that which fair argument dare to be made, you gradually undermine the committee of It was in the mouth of every body, that some-its jurisdiction, by settling the different subjects properly thing ought to be done; that the extravagance of ex-belonging to their inquiry, and placing them beyond their penditure and the abuse of office were such as to cry reach, by final enactments, you had better at once disaloud for thorough redress; and yet, begin where we may, charge them from their commission, and let the people we shall meet with the cry of "small business." had been commenced an inquiry into the abuses of the LeThere know it was all a pretence--nothing but a sham.

not essay.

There is one other reason why this subject should be

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[MAY 9, 1834.

The yeas and nays were taken on this amendmenf, and decided as follows: Yeas 68, nays 122.

Mr. JARVIS moved to reconsider the vote in favor of a part of Mr. VANCE's amendment, on the subject of the salaries of custom-house officers.

Mr. HUNTINGTON demanded the yeas and nays, which were ordered.

Mr. ADAMS was in favor of reconsidering, but, wishing to express his views on the subject, and to offer some other amendments, particularly one in reference to Bue

The House refused to adjourn.

The yeas and nays were taken on the motion to reconsider, and decided as follows:

Mr. WILLIAMS briefly replied. dropped for the present. The amendment contemplates Mr. FOSTER went, with warmth, into an expression of a provision for that branch of the revenue collection un der the care of the naval officer. Now this service can, his views, declaring his apprehensions that no nomination and ought to be dispensed with--it is a wholly useless ex- would be made to the Senate; and his determination to pense. It is a creation in the system, founded upon er-support the constitutional rights of that body. roneous principles, and supposes a want of honesty in the collector, which, as a high and honorable officer, ought not to be indulged. His duty I understand to be this, and, if I am wrong, I beg to be corrected: that he serves When a merchant settles as a check upon the collector. an account with the collector, he is bound to carry it to the naval officer, and he makes an entry of it in his books, and this serves to show what has been received by the collector. Now all this is unnecessary, and, as stated before, proceeds upon the suspicion that the collector is, or may be, a dishonest man; not reflecting that a naval offi-nos Ayres, moved an adjournment. cer may be the same thing, and that the inducement which could be of sufficient influence to affect the virtue of one The truth is, man could be as readily applied to two. YEAS. Messrs. John Q. Adams, John Adams, Wilthe bond and oath of so high an officer ought to be suffi cient, and relied upon alone; and we are paying too high liam Allen, Baylies, Beale, Bean, Beardsley, Blair, a premium for his faithful conduct when we create an of Bockee, Bodle, Briggs, Brown, Bunch, Burns, Bynum, ficer, with his expensive retinue, merely to watch him. Cage, Cambreleng, Chinn, Samuel Clark, Clay, Coffee, It is a little curious to observe the consequences of es- Day, P. Dickerson, Fowler, William K. Fuller, Gillet, tablishing one of these high offices in any of the depart-Graham, Thomas H. Hall, Halsey, Hannegan, Hard, Harments-such as a bureau, an auditor, a chief clerk, &c. din, Joseph M. Harper, Hathaway, Hawkins, Howell, He draws around him, immediately, all the state and Hubbard, Abel Huntington, Jarvis, Richard M. Johnson, pomp of a departmental appointment. It is a wheel with- Noadiah Johnson, Cave Johnson, Benjamin Jones, Kavain a wheel; a machinery, or contrivance, that has almost nagh, Kinnard, Lane, Lansing, Luke Lea, Thomas Lee, the appearance of standing out to itself: you scarcely per- Leavitt, Loyall, Joel K. Mann, Martindale, Moses Mason, ceive where it touches any other moving power. They McIntire, McKim, McLene, McVean, Murphy, Osgood, have their deputies, their chief clerks, their private clerks, Page, Parks, Parker, Patton, D. J. Pearce, Franklin their messengers, doorkeepers, and, in some instances, Pierce, Pierson, Pinckney, Plummer, Polk, Schley, Seltheir deputy doorkeepers, with all the lit le kingly pow-den, Shinn, William Slade, Speight, Stande fer, Sutherers of patronage, attended with the right of appointment land, William Taylor, Thomson, Turrill, Vanderpoel, Now this Van Houten, Ward, Wardwell, Wayne, Whallon, Wise. without merit, and removal without cause. very naval officer has all this. Upon examining the Blue--80. NAYS.-Messrs. Heman Allen, Jolin J. Allen, Chilton Book, you will find his own salary at $3,000; his deputy at $1,000, his clerk at $800, his private secretary at $80; Allan, Anthony, Banks, Barber, Barringer, Bates, Beaty, and, I have no doubt, he has a messenger, or servant, at Beaumont, James M. Bell, Binney, Boon, Bull, Burd, some other considerable sum, making an expense of some- Casey, Chambers, Chaney, Chilton, William Clark, thing like $6,000, in this single port, for watching the Clayton, Clowney, Connor, Corwin, Coulter, Crane, Darcollector. Besides, if report be true, (and it is mentioned lington, Warren R. Davis, Amos Davis, Davenport, by no means as being authentic, but, having heard it, it is Deberry, Deming, Denny, Dickson, Dickinson, Dunlap, due to those concerned to refute it if false,) the mer-Evans, H. Everett, Ewing, Felder, Forester, Foster, chants, in their settlements with the collector, do not al- Philo C. Fuller, Gamble, Garland, Grennell, Hiland Hall, ways carry their accounts to the naval officer to be check-James Harper, Harrison, Hawes, Hazeltine, Henderson, ed; in that case, he sends his clerk, at the end of the fliester, Jabez W. Huntington, Jackson, William Cost quarter, to copy the entries from the collector's books Johnson, Laporte, Lay, Lincoln, Love, Lyon, Marshall, into his own, and thus they are made to correspond. If Mardis, McCarty, McKay, McKennan, Miller, Milligan, this be false, it ought to be shown; if true, it is infamous, Robert Mitchell, Moore, Peyton, Pope, Potts, Ramsay, and demands that the office should be instantly abolished. Mr. HUNTINGTON called for the yeas and nays on the question, and they were ordered.

The question being taken, it was decided in the negative: Yeas 74, nays 117.

Reed, Rencher, William B. Shepard, Augustine H. Shepperd, Charles Slade, Smith, Spangler, Stewart, William P. Taylor, Philemon Thomas, Tompkins, Turner, Tweedy, Vance, Wagener, Watmough, Webster, Elisha Whittlesey, Wilde, Young.-94. Mr. DAVIS, of South Carolina, thereupon moved in On motion of Mr. POLK, the word "custom-house" the House the same proviso he had offered in committee, "warehouse," and the in relation to the appropriation for the missions to Great (at Baltimore) was changed to appropriation of $850 for watchmen at the War Depart-Britain and Russia, as follows: ment was augmented to $1,250.

So the amendment was rejected.

Mr. ADAMS now renewed the motion which had been made in committee, by Mr. Foor, to strike out the words "Great Britain" and "Russia" from the appropriation for salaries of foreign ministers; and accompanied his motion by a statement of the grounds on which he opposed it. Mr. WAYNE briefly replied.

"Provided that so much of the sums herein appropri ated as is for the payment of the salaries of the ministers to Great Britain and Russia shall not be expended, unless the appointment of said ministers shall have been made with the consent and advice of the Senate; nor shall any part of the sum herein appropriated for the contingent expenses of all the missions abroad, or for the contingent expenses of foreign intercourse, be expended in the sal

Mr. DAVIS desired the question first to be taken on the proviso he had offered in committee, that the nomi-ary or outfit of such minister or ministers, unless such nation be made to the Senate; but this was pronounced out of order.

Mr. BARRINGER explained the reasons why he would not vote for the motion to strike out.

appointment shall be made during this session of Congress, by and with the advice and consent of the Senate."

Mr. DAVIS, of South Carolina, supported this amendment by an eloquent speech, in which he urged the

MAY 9, 1834.]

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The General Appropriation Bill.

Mr. LANE disclaimed any purpose to venture into the war between North and South Carolina; but opposed the proviso, as preventing any appointment of the ministers in question, even should a vacancy, by the death of either or both, happen in the recess of Congress.

[H. of R.

House to make one united effort to effect a resurrection ple, for sacrificing their interests and tampering with of the constitution. Alarming as were the usurpations public liberty? On the contrary, will they not, at home, on the part of the Executive, those by the House were change the views and urge the good of the country as ten times more so. their great polar star. I come, sir, from a State in the Mr. BYNUM, of North Carolina, replied in a speech interior, among the last to be affected by the foreign reof great animation, in which he repelled the charge lations of the country, and in the few remarks I now subof usurpations on the part of the Executive; and alluded mit, I will not confine myself to the amendment which to the attack upon the bank as affording only a second only exacts from the President obedience to constitutional part of the victory of New Orleans; and averred that the enactments. When I hear it boldly on this floor declared name of the President would go down to posterity second that the President of the United States is not responsible to but one, if to any, in our history, when Mr. DAVIS, to Congress, and at the same time accompanied with decand his coadjutors, would long have been forgotten. He larations containing allegations disreputable to the represpoke of the Senate as a body not elected by the people; sentatives of the people, then I feel myself called upon but thanked his God that the people could be able to to invoke that constitution which we and the President reach them at last, &c. There were no slaves about the have sworn to support, and to fling back the foul and White House, whatever there might be in other quar-degrading imputations. Sir, in turning my eye to the constitution, I see it clearly laid down that the President is responsible to Congress, and had it not been for the confidence in the purity of his intentions, probably he would ere this be called before this House and be made to feel his responsibility. It would be as useless for me to spend time in dilating on the language of the constituMr. H. EVERETT remarked with alarm on the position, with which every member is familiar, as it should be tion taken in Mr. BYNUM's speech, that the President was known to the people to be for his partisans here to drag responsible alone to the people, which he conceived to in the battle of New Orleans and the United States Bank be setting aside the constitution entirely, in its provisions to justify the various assumptions of power. relating to the legislative powers, and tending to annihi- But when we know that vacancies have long existed at late the structure of our Government. Mr. E. was led the Courts of St. Petersburg and St. James, that five by the course of things, in and out of the House, to doubt months of the session have expired, and no nominations whether the Executive did not purpose to appoint minis- have been made for the concurrent power of the Senate ters without the concurrence of the Senate; and he called to fill these vacancies, no effort to obtain the constituupon his friends, if they had authority to do so, to disa- tional sanction of the most important functionaries at vow, on the part of the President, all claim to the right home, and when we reflect on the power heretofore exof doing so. ercised, there is more than abundant reason to recommend and justify the amendment of the gentleman from South Carolina. Our foreign relations must always, more or less, operate on the internal trade of the country; and while I would not withhold, or improperly restrict the expenditure necessary to sustain them, I will not vote the people's money to the unconstitutional discretion of any President; nor shall I admit that those who act with me are guilty of utter treachery or treason when they refuse to accept charges against the United States Bank, and the vaunted heroism of New Orleans, as valid reasons on which to rest his claims to a discretionary or unconstitutional power.

Mr. EWING, of Indiana, said: The gentleman from North Carolina [Mr. BINUM] has excited feelings and apprehensions in my bosom which I would gladly suppress. I should much rather accord with the opinions of those whom the people have clothed with power, than, in the conscientious performance of my duty in this House, to be compelled to oppose them. The claims for power advanced on the part of the present Executive, so far as sanctioned by the constitution, I most cheerfully accord to him, and no man is more ready to award him the meed of gratitude for his military services. But when, in the language of the honorable member from North Carolina, tacit obedience and blind acquiescence are claimed for I have been mistaken in the lofty bearing of General his civil services as the only test of patriotism; and when Jackson's own mind, if he would desire always to have those who question his fallibility, with full knowledge of his claims to obedience in this House founded on the milthe fatal effects of his civil career, are denounced as base itary glory of New Orleans; and be his desires what they calumniators and traitors, and the battle of New Or- may, in that particular, I shall not yield to them. I came leans," and that "monster, the United States' Bank," are here to serve and to obey the people; to advance their held up as the reasons for the assumptions of unlimited prosperity and to guard their interests, not blindly to power, and as evidence of the baseness and profligacy register his dictates. We are, to be sure, told that the of those who question them, it is time for the repre- constitution is safe in his keeping. I think it at least not sentatives of freemen, "men who know their rights, and, less safe when the people's representatives shall exact an knowing, dare maintain them,” to repel such declarations observance of all its requisitions. Will this course draw and to absolve themselves from the bondage to which down upon me the denunciations levelled against those such slavish doctrines would lead them and their country. with whom I have the honor to act? Could those who In adopting this course, I still manifest no undue want of abuse the glory of New Orleans, by comparing it to that confidence in the Executive, but I will not allow his tal-acquired by the destruction of trade, of credit, of confi ents as a general, or his fame in the field, to be placed dence, and the happiness of the country, by the uncalled here as an offset to the pernicious effects of his civil ca- for, and lawless war on the United States Bank? Could reer. Nor do I acknowledge any responsibility to him, they justify such denunciation when the beauty and booty or to his partisans here, for my course on this floor. It is wasted, and the glory then acquired is tarnished by the was not to serve him or to register his will, but to repre- comparison? Could they, while they disregard the wishes sent the people and watch over their interests, that I have of their own constituents and obey the mandates of been sent here. Can those who in this House yield pas-power, denounce those who only pursue the public good sive obedience to all his pretensions to power, go home as pointed out by the constitution? I may well ask, after and tell their constituents that the glory of New Orleans, what has just been said, how is it on this floor? Are. the fame of the hero, demanded a sacrifice of their in- there not members who are denouncing another branch terests and the prostration of the constitution? Can they of Congress for resisting executive encroachments, while thus shield themselves from the indignation of a free peo- they are openly misrepresenting the recorded will of VOL. X.--252

their own constituents? The evidence of this is on your table, and is known to the world. What temptation has a member here to disregard the voice of his constituents, and to oppose any act of an administration so fortified by patronage as the present?

[MAY 9, 1834.

tests of worth and patriotism, as well in public as in private life.

Mr. BOON now moved the previous question; but the House refused to second the motion: Ayes 77, noes 82. Mr. SLADE, of Vermont, moved an adjournment; but the motion was negatived by a large majority.

Mr. WISE, of Virginia, moved to amend the amendment proposed by Mr. DAVIS, by adding words of the following import: "unless a vacancy shall happen during the recess of Congress."

Mr. DAVIS accepted this as a modification of his amendment. Mr. D. now observed that the gentleman from North Carolina [Mr. BYNUM] had spoken of "calumnious assaults being made upon the Executive," and wished to know whether this had been meant as a personal reflection upon himself?

Why it that the members of another branch of the Legislature are censured for disobeying the behests of party, when in this House instances of disobedience to the will of the people may be found to exist? Is it right to charge those who question doubtful policy with improper motives, when we know that the coffers of the nation are emptied in rewarding those alone who acquiesce in the course of the Executive? What, sir, has become of the reform, the economy, and rotation in office promised to the people? They will learn by the enormous amount of their money now annually expended, over and above what was denounced. Is not a simple reference to past promises sufficient to silence all such denunciations, and the preposterous and degrading topics by which they are sustained? It is not in the nature of Mr. PEYTON said he had had a conversation with Mr. things that all men should see alike; it is not the nature of BYNUM, and he understood that nothing bad passed beman to be infallible; why, then, is tacit obedience to the tween the gentlemen which needed any public or other executive mandates claimed from the people's represent- explanation.

Mr. BYNUM not being in his seat-

Mr. WISE replied, in his behalf, that he was confident no such reference had been meant.

atives? I will not say it is from a desire to bring the peo- Mr. BYNUM having, in the meanwhile, entered the ple into bondage; but they cannot remain long free when House-

their representatives cease to be so. I should feel myself) Mr. DAVIS repeated the inquiry, whether he had inunworthy of a seat in this House, if, forgetting the func-tended the assertion to apply to him personally, or to the tions of my station, I surrendered the dictates of my party only to which be belonged?

judgment and the interests of the people whom I repre- Mr. BYNUM replied that he had referred to the party. sent, to the discretion of any man or set of men. The Mr. SELDEN called the attention of Mr. WISE to an people are the sovereign. In days of yore this House exposition by Mr. WIRT of the meaning of the word afforded noble examples of wisdom and independence." happened," in that clause of the constitution which reIn travelling over an extensive country to take my seat, I fers to the President's appointing power; suggesting that witnessed diversity of opinion among the people sufficient it would be better, in Mr. WISE's amendment, to employ to prevent me from yielding implicit obedience to execu- the word "arise." tive will, unless when it accords with public good. And in this House, surrounded with the emblems of our national independence, devoted to constituents whom I respect and cheerfully obey, in legislating for them and the Union, I may be permitted to repeat the language of the noble poet, and exclaim-

"Who could walk where liberty had been, nor see The shining footprints of her deity,

Nor feel those godlike breathings in the air Which mutely told her spirit had been there?" Sir, when I give my vote for the amendment offered by the gentleman from South Carolina, I will not ask the responsibility of General Jackson; as I would not call on the glory of New Orleans to cover a rag bank system that is to be better calculated to ruin the country than to advance the wishes of the heir in succession. No, sir; I will leave all these matters to be judged of by their own merits, and "by deeds, not words," to what I believe the good of the country and the preservation of constitutional liberty demand at my hands.

In conclusion, Mr. E. said he would emphatically advert to the condition of a variety of subjects of legislation, much more interesting to the people at this moment than the matter under consideration--subjects too long neglected--to pass upon others which are only of interest to office-holders. He adverted to the bill making appropriation for the national road and other objects of internal improvement. He lamented that a colleague had, before the business of the people had been acted on, stirred the subject of adjournment, which could not fail to rouse the anxiety of all sectional interests on account of favorite measures. The interests of the office-holders (Mr. E. thought) should be the last attended to. The business of the representatives of tax-paying people, now distressed by apprehension and pressure, he hoped would command the attention of all; and let those who can appreciate the measures of the administration judge all by "their deeds, not words:" for these, said he, are the true

Mr. WISE replied at large; insisted on the propriety of retaining the word "happen," and went into a constitutional argument on the effect of the word on the appointing power.

Mr. PATTON united heartily in denying the power of the President to re-appoint, in the recess, an individual who had been nominated and rejected by the Senate, but could not support the amendment, because it would operate as no further restraint upon the Executive than the constitution already imposed; and the President's interpretation of one would be the same as that of the other.

Mr. WISE rejoined, and defended the amendment he had proposed.

Mr. BEARDSLEY derided the idea of re-enacting parts of the constitution in an appropriation bill, and thought a better course would be to attach the whole of that instrument to the end of every law as an additional section.

Mr. DAVIS again addressed the House in support and defence of his amendment; and in explanation of what he had said when last up. He replied with some severity to the speech of Mr. BYNUM.

Mr. BYNUM inquired whether, in the expression "super-serviceable friend of General Jackson," Mr. D. had intended any personal allusion to himself?

Mr. DAVIS replied that he had said "super-serviceable friends.”

Mr. FOSTER now suggested, for the adoption of his friend from South Carolina, [Mr. DAVIS,] an amendment going to prohibit the payment of the salary of any minister so appointed, from out of the contingent fund for foreign intercourse.

Mr. DAVIS did not accept it as a modification.

Mr. COULTER, observing that it was now 8 o'clock, and that the House had been laboriously occupied for nine hours, while grave constitutional questions were still pending, moved an adjournment.