H. OF R.] Falls of the Ohio. [DEC. 11, 1832. carry into full effect its own intentions. These decisions provement, when completed, would perhaps not fall far bore with severity upon many, and called for the speedy short of the following estimates. There are about six action of the House, as the 1st of January was near at hundred trips made by steamboats passing down the river hand. Such, he said, were the views of the memorialists, annually, transporting cargoes averaging 200 tons each, and he believed the Secretary of the Treasury had also invited attention to the subject in his annual report. With these observations, therefore, he would move that the memorial be referred to the Committee on Commerce. It was referred accordingly. FALLS OF THE OHIO. from above the falls of the Ohio river to the Wabash river, for the States of Indiana and Illinois; to the Green river, for Kentucky; to Cumberland, for Tennessee river; to Tennessee river, for Alabama; to the Upper Missis sippi river, for Missouri; and the Illinois rivers, for the States of Missouri and Illinois; to the Arkansas river, for the Territory of Arkansas; and down the Mississippi On motion of Mr. CARR, of Indiana, the petitions of river, for Vicksburg, Natchez, and New Orleans. Of the citizens of the States of Kentucky and Indiana, pray-that amount of tonnage, one half, perhaps, is drayed over ing for an appropriation to be made to improve the land round the falls, and reshipped in other boats, at an Indian Chute, through the falls of the Ohio river, which expense of at least one dollar a ton, producing the sum were referred to the Committee on Internal Improve- of sixty thousand dollars. It is estimated that about 1,000 ments at the last session of Congress, and not acted upon, flat boats annually dray their cargoes over land round the are again referred to said committee. In making this falls, amounting to forty tons each, at an expense of one motion, dollar per ton, amounting to 40,000 dollars, which sum, Mr. CARR remarked, that he presumed the committee added to the average by steamboats, makes the sum of to whom this subject had heretofore been referred $100,000 for drayage, besides delays, contingent exmight have been embarrassed, in consequence of having penses, &c. Another very important advantage will be had reference to a report made by the engineer appointed gained by the completion of the proposed improvements: on the part of the Government some years ago, and who when the canal is passable, and a steamboat has her carmade a report of his examination some time since. That go on board, she may get under way and pass over the he believed the contemplated improvement differed from falls in ten minutes, at an expense of perhaps ten dollars that reported by the engineer; that he had conversed pilotage. If the same boat pass through the canal, she with many of the petitioners, and others who felt much will have to pay an average toll of something like eighty interest in the matter, many of whose opinions could be dollars. This operation, at the present state of the westrelied upon, who seem to think the best plan to improve ern trade, would perhaps be brought to bear on about the navigation of the Ohio river at the falls, would be to 150 steamboats, exclusive of those estimated at present make an excavation at the head of the Indian Chute, draying their cargoes; the difference between the toll and about four hundred yards in length, and thirty yards in pilot is, say seventy dollars on each boat, which amounts width, averaging two feet six inches in depth. The to 10,500 dollars. Again: the difference in time regreatest depth required at the pitch of the Falls Rapid quired by a boat passing over the falls, or through the will be five feet. The surface of the water in the river canal, is estimated at about six hours; the expense of the will be maintained at its present level, by depositing the boats for this time will average at least twenty-five dolrock taken from the excavation on each side of the chan- lars, amounting on 150 boats to 3,750 dollars, showing an nel at its head, so as to prevent the water when at a low stage from flowing over a flat rock at the head of the falls, in a sheet of at least 600 yards in width, which is now the case. About 200 yards below these rocks there is a cluster of loose rocks directly in the present channel, which are extremely dangerous, and very difficult to pass in safety, and heavy losses have been sustained by boats striking on them. They will require to be removed. aggregate of 114,250 dollars annually; every dollar of which will be a clear saving to the commerce of the Ohio river, by the completion of the proposed improve ment. Besides, flat boats could pass over the, falls with out the expense of draying, or delay, and, in most cases, even without the expense of pilotage. Suppose the canal to be complete, and capable of passing every boat that offers, the number of steamboats that would pass, when the water is too low to pass over the Near a mile lower down there is a point of rock, pro- falls in the present condition of them, will be about 450 jecting from Goose Island, about three hundred feet in a year, at an average toll of say seventy dollars each, in length, averaging about ninety feet in breadth, and amounting to 31,500 dollars; to that sum add twenty-five three feet in height above extreme low-water mark, form- dollars for each boat, in time lost, 11,250 dollars, and ing an abrupt bend in the channel, which creates a dan- the difference to steamboats is 42,750 dollars a year. To gerous eddy, through which it is impossible to pass at a medium stage of water; consequently, they are compelled to pass over the top of this point of rock, and through a swell created by the current rolling over it, of from five to ten feet in height. This point of rock will require to be Mr. C. remarked that it was a subject in which a large removed at least four feet below low-water mark, by which portion of the commercial and agricultural community of means the channel will be made straight, and the eddy the West felt a deep interest, and hoped that the action and the swell destroyed. At the distance of about a half of the House might be had upon it during the present mile below this point of rock there are a number of loose session. this add the saving to flat boats of at least fifteen dollars each, and it amounts to 57,750 dollars annually-a much larger amount than it is believed it would take to make the improvements contemplated. rock which it will be necessary to remove to complete the The resolution offered by Mr. EVERETT, of Massacontemplated improvement. The excavation at the head chusetts, on Thursday last, was taken up, and after te of the channel will, it is supposed, amount to 10,000 cu-ing modified by adding the words "since September, bic yards; that at the point projecting out from Goose 1830"Island, 7,500 cubic yards; amounting in all to 17,500 cu Mr. EVERETT observed, that he had two objects in bic yards of rock to be excavated, 14,500 yards of which view in bringing forward this resolution; one was to comare below low-water mark. The expense of excavation plete the publication of a very interesting series of public will probably be about one dollar a cubic yard. The documents. The papers on this subject down to the year other two ledges of rock can be removed for about 1825 had been already communicated to Congress; and it $7,500, which will complete the whole improvement con- would no doubt be highly gratifying to the House and templated at an expense of twenty-five thousand dollars. the country to have the series brought down to the preThe probable benefits arising from the proposed im-sent time; inasmuch as the important controversy to which DEC. 11, 1832.] Public Lands. [H. OF R. The CHAIR arrested the discussion, as going into the merits on a question of postponement. Mr. WILLIAMS having demanded the yeas and nays on his motion to postpone, they were taken; and stood as follows:-Yeas 106, Nays 78. they refer had been brought to an honorable and satis- to retain, as the new States to claim, the public domain; factory close. His other, and the more important, ob- and should those lands be ceded, the old States would ject in moving the resolution, was one which had been experience as much injury as the new States would obpressed upon his consideration by some of the claimants, tain benefit; but under the highly advantageous convention which has lately been concluded with France. It was believed by them, that the papers embraced in the call would throw light on important questions to be considered and adjudicated by the commissioners under the convention. Mr. E. added, that he could state that our late minister to France approved of the communication of these documents, as far as concerned his part of the negotiation; and had expressed to him his willingness, and even wish, that they should be sent to the House without delay. Mr. E. knew of no reason for opposing the resolution, and trusted the House would accept it without a division. The resolution was agreed to. THE PUBLIC LANDS. Mr. CLAY, of Alabama, offered the following: Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of reducing the price of such portions of the public lands as have been offered at public sale, and have remained unsold for the period of five years and upwards. Resolved further, That said committee inquire into the expediency of relinquishing to the respective States in which they are situated such portions of the public lands as may have been offered at public sale, and, being subject to private entry, have remained unsold for the period of ten years. Mr. WILLIAMS, of North Carolina, observed that the résolution involved a very important question--perhaps as important a one as had ever been offered to the consideration of Congress; and he wished that its consideration should be postponed to Monday next. Why was this unceasing demand heard for the relinquishment by the United States of all its public lands? For his own part, he was unable to give any good reason for it; and as he desired time to reflect on the subject of the resolution, he moved its postponement till Monday. So the resolution was postponed. Mr. HEISTER, of Pennsylvania, then moved to reconsider the resolution offered by Mr. Boox, and demanded the yeas and nays, which were ordered. Mr. IRVIN, of Ohio, observed, that the inquiry proposed in the resolution had often already been before the Committee on the Public Lands. The resolution proposed merely an inquiry, and covered no ground that was not already covered, by referring a part of the President's message to the Land Committee. It was useless to take up time by taking the vote by yeas and nays, as the resolution neither went to add to, nor to take from, the duties at present confided to the committee. The question was then taken, and decided by yeas and nays as follows:--Yeas 90, Nays 83. So the House agreed to reconsider. The resolution was then postponed to Monday next. Mr. MARDIS offered the following resolutions: Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of granting to the settlers on the public lands of the United States a right of pre-emption to their respective improvements. And be it further resolved, That the Committee on the Public Lands inquire into the expediency of permitting the citizens of the several townships in the United States entitled to section sixteen, for the purpose of schools, where the same is sterile and valueless, to surrender such section to the United States, and select from the unsold lands, within the limits of the State where the section surrendered may be, another in lieu thereof. Mr. ROOT, of New York, said he had hoped the House would have been suffered to rest, upon this subject of Mr. CLAY said that this was a species of opposition, the public lands, until a bill should come up for consideand at a stage of the resolution, which he had not antici-ration, which now lay over from the last session, and pated. The resolution proposed a simple inquiry, and which provided for the disposition of the avails of the did not go to commit the House. What injury could re- public lands, on the presumption that they should consult from confiding such an inquiry to one of the standing tinue to be sold as heretofore. The present resolution committees of the House? Was the gentleman unwil-was not, he perceived, quite so charming as its predecesling that even an inquiry should be instituted? Was he sor. This proposed to inquire as to disposing of the unwilling to hear a report from one of the committees of public domain to a certain description of persons somethe House? He would not at present urge the consider- times called in that hall "pioneers," but who were ations which in his judgment ought to induce Congress to known in his own State by the more humble name of concede to the new States all they asked on this subject." squatters"--persons who, without law, and against Were this the proper time, he could urge the many and law, had intruded on the lands of the United States, and great disadvantages under which the new States labored whom it was proposed to quiet in their possession by confrom having a large part of their territory beyond the ferring upon them a title to the land which they had obreach of their taxation for revenue; and he was prepared tained by trespass. Mr. R. said he would not consent to show, from documentary evidence, that for a large por-even that a committee should inquire into the propriety tion of the public domain it was impossible that the Go- of rewarding men for breaking the laws of their country. vernment should ever obtain even the minimum price He was, indeed, well aware that there existed, and had allowed by law. But he should not press those topics existed for this long time, a strong desire to dispose of now. He hoped the resolution would not be postponed. [the public lands for less than their value, and for nothing Mr. SPEIGHT suggested that his colleague had better at all. But here came a proposition to deprive the move to reconsider the resolution offered by the gentle-"good old thirteen" of that which rightfully belonged man from Indiana, [Mr. BooN,] which went in substance to them. to the same object, and which had just been adopted without debate. Mr. CLAY said that his resolution differed from the other, as being more specific in point of time. The CHAIR having compared the two resolutions, pronounced that of Mr. CLAY to be sufficiently different from Mr. Boox's to make it in order to consider it. The CHAIR here, at the suggestion of Mr. SrEIGHT, arrested the course of Mr. Roor's remarks, as going into the merits. The question was then taken, and the consideration of Mr. MARDIS's resolution was postponed till Monday. A report was received from the Secretary of the Treasury, accompanied by the report of the agent employed Mr. WILLIAMS replied to Mr. CLAY, and was pro- by the department to examine into the affairs of the ceeding to show that the old States had as great a right | Bank of the United States, and which stated all the de H. OF R.] Bank of the United States.--Election of Chaplain. [DEC. 12, 1832. mands upon the bank to amount to about thirty-six mil- heard of the alarm occasioned by the Executive commulions, and all the assets of the bank to about seventy-nine nications as to the safety of the national funds in the bank, millions; which stated entire confidence in the safety of he conceived it of the utmost importance that the antithe bank as a depository for the public funds, and, in re-dote to that communication, proceeding from the same spect to the debts due the institution in the West, stated source as the poison, should be disseminated as speedily the opinion that they were as good as the same amount and widely as possible. His object was the safety and of debt would ordinarily be estimated at on the seaboard. peace of the country. He desired to show to the people Mr. WICKLIFFE moved to print an extra number of that the Secretary of the Treasury had been mistaken in 10,000 copies of this report, and requested that the rule the suggestion contained in his report, that the bank was be suspended which requires such a motion to lie one not a safe depository for the national funds. He wished day. to do this by laying before them the report of the Treasury's own agent-a personal friend of the administra tion-a man of unimpeachable probity and of great intel ligence, and who merited that highest of all charactersthe character of an honest man; a man well known to the people of the Western country, and respected wherever known. Mr. WAYNE objecting, Mr. WICKLIFFE made the motion, but it failed to obtain the votes of two-thirds of the members present-yeas 91, nays 62. So the motion lies till to-morrow. The SPEAKER laid before the House a letter from Mr. BLAIR, of South Carolina, requesting, for obvious reasons he stated, to be excused from serving on the Committee on Military Affairs. The letter was read, and the request granted by the House. The House then adjourned. WEDNESDAY, DECEMBER 12. The following resolution, offered yesterday by Mr. CAMBRELENG, came up for consideration: Resolved, That the Secretary of the Treasury be directed to communicate to this House the correspondence with the president of the Bank of the United States, and the documents furnished by the latter relative to the arrangement made in Europe, on the part of the bank, for the postponement of the payment of the three per cent. stock of the United States. Mr. CAMBRELENG said that the gentleman, in his zeal to correct the errors of others, would find that he Iwas leading the public into very dangerous errors, by disseminating the document he was so anxious to get printed; and at a proper time Mr. C. would endeavor to show how far the gentleman was himself mistaken. He should go into the subject with as much candor and fairness as possible, with a desire to do justice to both sides. He was of opinion that the Secretary had had good and sufficient grounds for the suggestion he had made, but he would not press the subject at this time; when the correspondence should come in, he should move for the printing of 10,000 copies of that communication. Mr. POLK moved to postpone the further consideration of Mr. WICKLIFFE'S motion until to-morrow. He report; let it go to the world; it was nothing, and pro fessed to be nothing but a compendium of the monthly reports of the bank, which the agent had no possible opportunity or means to verify. Mr. WICKLIFFE observed that, on hearing this reso-thought the public would suffer nothing by so short a delution read yesterday, it had occurred to him that it was lay, but would, on the contrary, be benefited, by having not couched in terms sufficiently broad to cover all the an opportunity of seeing all sides of the question; not documentary information which it was desirable that that Mr. P. had any objection to the publication of the Congress should possess on this subject of the three per cents, and, on examination, he found that his first impression had been correct. The gentleman's resolution called only for the correspondence of the president of the bank in relation to the arrangement made for the Mr. WATMOUGHI opposed the postponement; it purchase of three per cent. stock abroad. It did not could produce nothing but delay. He was anxious that, embrace the correspondence between the president of before the House should go into the debate, it should be the bank and the Secretary of the Treasury prior to in possession of all the facts and documents necessary to such arrangement, and which correspondence might have its enlightened discussion of the subject. been the very inducement which led to the measure it- Mr. BATES, of Maine, saw no force in this, as the self. Mr. W. therefore moved to amend the resolution House already possessed the ordinary number of copies by adding a clause embracing all the correspondence be- of this document: the present question had reference only the bank and the Treasury on the subject. Mr. CAMBRELENG said that the gentleman from Kentucky had nothing in view but what he (Mr. C.) had also in view; but if the gentleman thought that his amendment would better promote the object, he would adopt it with pleasure as a modification. Thus, as amended, the resolution was agreed to. The resolution yesterday offered by Mr. WICKLIFFE for the printing of 10,000 copies of the report of the agent of the Treasury as to the existing condition of the Bank of the United States having been read- He demanded the yeas and nays on the question of postponement. They ELECTION OF CHAPLAIN. The House then proceeded to the election of a Chaplain, for which office several gentlemen were nominated. On counting the ballots, it appeared that the Rev. WILof 179, and was of course elected. LIAM HAMMET, of Virginia, had received 108 votes out BANK UNITED STATES. Mr. CAMBRELENG observed that it would have been more gratifying to him had the gentleman so modified his resolution as to include the printing of the correspondence, to which the last resolution referred. He The House then resolved itself into a Committee of the thought this far more important than the report now Whole, Mr. CONDICT in the Chair, and resumed the conmentioned in the resolution. The call just made would sideration of the resolution proposing to refer so much probably be answered to-morrow, and if the gentleman of the message of the President of the United States would consent to postpone his resolution till then, the as relates to the Bank of the United States to a select whole might be included. committee. The question being on the following amend ment offered by Mr. WAYNE, VIZ: Mr. WICKLIFFE replied, that he did not consider the correspondence referred to as so connected with the report of the agent of the Treasury that both should be included in the same pamphlet. From what he daily "With power to call for persons, and on the bank and its branches for papers, and to examine witnesses generally in reference to the operations of the bank." DEC. 12, 1832.] Bank of the United States. [H. OF R. The CHAIR reminded the gentleman from Pennsylvania that his motion would not be in order until the pending amendment should have been disposed of. Mr. WATMOUGH then said that he would offer his motion as an amendment to the amendment before the House. Mr. SPEIGHT expressed his hope that the gentleman dividual from whom it came; and, with such a document from Georgia would consent to withdraw his amendment. before him, he could not but feel anxious that no party If any such powers as that amendment proposed should feeling, and no premature action, should be permitted to be found necessary to the proper discharge of its duty, destroy or injure an institution so necessary to the safety the committee could at any time apply to the House to and permanency of our national union as he considered obtain them. Mr. S. was sorry the amendment had been a national bank to be. introduced at all; as he believed it was the wish of all to avoid, if possible, a renewal of debate on the general subject of the bank. Indeed, he had at first thought of referring the subject by resolution to the Committee of Ways and Means; but, as the President had made it the subject of special observation in his communication to Congress, Mr. S. had concluded it proper and respectful The CHAIR replied that it could not be received as to refer it to a select co.nmittee. The mere mention of such, because there was nothing in the pending amendthe subject was always sure to be productive of great ment to which the gentleman's motion could adhere. excitement in the House, and the friends of the bank Mr. WAYNE said he was sorry that he could not comcomplained of the injurious effect of such a debate on the ply with the wishes of the gentleman from North Carostock of the bank. Were he a friend of the bank, (and lina, [Mr. SPEIGHT,] by withdrawing his amendment; that he declared himself not to be its enemy,) he should con-it had not been made without due consideration; that the sider the refusal of an investigation as the most injurious time which had since elapsed had more fully convinced thing that could happen to the credit of the institution. him of its propriety; and had he needed any additional He did not believe all the reports that were current; but if the committee needed the powers proposed, let them apply to the House, and they would be given. evidence, it would be found in the suggestion of the honorable gentleman. The gentleman wished his proposition to be withdrawn, and the whole subject to go to a select Mr. WATMOUGH disclaimed ali intention of embar- committee, without instructions; and if, in the course of rassing the action of the House, or seeking to thwart any their discussion, the committee should discover that they course that might be deemed necessary and proper. But stood in need of such powers as Mr. W.'s amendment he was of opinion that before the House went into the proposed to give them, the gentleman thought that would discussion of the bank subject, it was desirable that it be time enough for the House to confer them; but this should be possessed of all the facts of the case, and all would not be approaching directly to the object on which documentary evidence necessary to its enlightened action. he wished to move. If there was to be any investigation The agitation of such a topic had a great effect not only at all of the concerns of the bank, Mr. W. wanted that on the fortunes of individuals, but upon the whole com- it should be known at once. He did not think it was fair; mercial interests of the country. When statements inju- it was not fair to the bank to refer the subject to a select rious to the credit of the bank came from so high a committee, who, at some distant period, were to be left source as that House, and from sources still higher and to come to the House and apply for power to send for equally responsible, such must naturally be the case. He persons and papers, when the session should be so far was desirous that all the scrutiny should take place which advanced that no time would remain for any definitive any gentleman could ask or desire; but accusations of so action on the matter; for the gentleman could not forget grave a character should not be met by mere declamatory that the powers of this Congress would terminate on the speeches; the House should be referred to accurate state- 4th of March next. Mr. W. said, that he felt no very ments of fact. The charges were of a character very strenuous desire that any thing should be done upon the painfully to affect the character and feelings of honorable subject this session; but if any thing were to be done, the men, and should not lightly be made. What advantage sooner it was done the better. He had no doubt that the could arise from the appointment of a select committee? motives and intentions of the gentleman from North CaWould Government be aided? Would commerce be rolina were perfectly fair and upright. The gentleman benefited? Would the alarm which had been excited in wished to get rid of the difficulty which he felt to be our large cities be allayed? If gentlemen thought that pressing on the House; but he put it to the gentleman to the scrutiny gone into by the committee formerly ap- say, whether the course proposed by him would not lead pointed was not a severe one, they were greatly mistaken. to a delay that must effectually prevent any efficient acHad that examination resulted in showing that the bank tion. Mr. W. wished that an investigation should take was not a safe depository for the funds of the Govern- place, as to the alleged impropriety, on the part of the ment, and that the conduct of the gentlemen who pre-bank, in reference to the three per cent. stock. He was sided over the institution had not been upright and honor- not prepared to say that any impropriety had taken place; able, then he would be for the appointment of a select but when the documents should come in, it would procommittee. But, as such a species of harassment was bably appear that the directors had pursued a mistaken very touching to the feelings of upright and honorable course, although they might have been actuated by the men, such as Mr. W. was convinced the directors of the best possible intentions. Mr. W. was not to be drawn bank would be found to be, he was desirous of putting aside from the course he had marked out for himself. an end to mere ex parte statements; and his object in The gentleman from Pennsylvania [Mr. WATMOUGH] rising was to move to amend the resolution proposed by wished the subject to be postponed; but could the genthe gentleman from North Carolina, [Mr. SPEIGHT,] by tleman desire that the state of doubt and anxiety which striking out the words "select committee," and inserting now agitated the public mind should continue? If there the Committee of Ways and Means. He had no objec- should be no report of a committee, the bank must contion that the latter committee should be clothed with all tinue to stand under the accusation which had been the power the gentleman from Georgia wished to give brought against it, without any thing to meet or counterthem. He hoped that no one would suspect him of the act it but the report of a Treasury agent-a report which slightest wish to shield the bank, or any individual con- did not prove that the bank was in any better situation nected with it, from the strictest scrutiny; but he did wish than had been apprehended, and which did not comport to shield from premature, unnecessary, and injurious im- with the instructions given to that agent. Of that report putations, men who, he was fully persuaded, did not de- he should not now speak farther, though he might hereserve them. The document which had been ordered to after have cause to examine it more particularly; but he be printed he considered as highly honorable to the in- asked the friends of the bank whether it was better to H. OF R.] Bank of the United States. [DEC. 12, 1832. leave the institution in its present attitude before the pub- the House should proceed in this matter on some princilic, or, by investigating its affairs, to test the truth of the ple of law. He was against the amendment proposed allegation against it? Besides, the publication of that re- by the gentleman from Georgia, because the gentleman port placed those gentlemen who believed an investiga- had not made out, to his mind, that the House had any tion to be necessary in a situation which called upon them motive for making the investigation he proposed. His to act. The object in despatching that agent had been amendment went to clothe the committee with power to to ascertain the soundness of the debts due to the bank send for persons, and to demand papers from the bank in the West; and what did his report contain? The and its branches, and to collect testimony generally in agent's opinion as to the solvency of the bank, and a relation to its affairs. And for what purpose? Yes, for compendium of the monthly statements, put forth by the what purpose? The law defined the only purpose, for institution, of its own affairs. which the House reserved to itself authority to inquire into the affairs of the bank. The 23d section of the bank law provided Mr. JENIFER made some remarks, which were very imperfectly heard at the reporter's table. He was understood to say that the subject had come before the "That it shall, at all times, be lawful for a committee House in a manner for which they, as representatives of of either House of Congress, appointed for that purpose, the people, were not responsible. After reading the to inspect the books, and to examine into the proceed. communication of the President, and the report of the ings of the corporation hereby created, and to report Secretary of the Treasury, he should have had no hesita whether the provisions of this charter have been by the tion to say that he believed there must be some ground same violated or not; and whenever any committee, as to doubt the solvency of the bank, simply because he aforesaid, shall find and report, or the President of the never could have believed that such communications United States shall have reason to believe, that the chatwould have been officially made to the Legislature with- ter has been violated, it may be lawful for Congress to out good and substantial reasons; but, since then, the re- direct, or the President to order a scire facias to be sued port had been received of an agent appointed by the out of the Circuit Court of the district of Pennsylvania, Treasury itself, to examine into the affairs of the institu- in the name of the United States, (which shall be execut tion. He had done so, and what was the result? It ed upon the president of the corporation for the time amounted in sum to this: That the liabilities of the bank being, at least fifteen days before the commencement of were for $37,000,000, and its assets to meet them were the term of said court,) calling on the said corporation $79,000,000, leaving an excess of $42,000,000 in the to show cause wherefore the charter hereby granted hands of the bank. This surely was sufficient to prove shall not be declared forfeited; and it shall be lawful for that there could be no danger to the public funds. As to the said court, upon the return of the said scire facias, to the debts of the West, the report pronounced them to examine into the truth of the alleged violation; and if be in a safe and wholesome state, and that no greater loss such violation be made to appear, then to pronounce was to be apprehended in the collection of them than in and adjudge that the said charter is forfeited and annulled: collecting the same amount of money on the Atlantic Provided, however, Every issue of fact which may be seaboard. How, then, did the matter stand? The Secre- joined between the United States and the corporation tary, in his report, called for an inquiry into the affairs of aforesaid shall be tried by jury. And it shall be lawful the bank; but that call had been made prior to the re-for the court aforesaid to require the production of such turn of the agent. Had that officer made any call since? of the books of the corporation as it may deem necessary Was he not, or ought he not, to be satisfied with the re- for the ascertainment of the controverted facts; and the sult of his own inquiry? As no call had since been made, final judgment of the court aforesaid shall be examinable and as the investigation was not demanded by any member in the Supreme Court of the United States, by writ of of the House, Mr. J. moved to lay the resolution and the error, and may be there reversed or affirmed, according amendments upon the table. to the usages of law." The CHAIR reminded Mr. J. that the House was in Committee of the Whole, and that his motion could not therefore be received. He thereupon moved that the committee rise; but at the request of Mr. POLK, he consented to withdraw the motion. The only purpose of the investigation was, to ascer tain whether the bank charter had been violated or not No charge was made that the bank had done so; no such allegation was to be found, either in the President's mes sage, or in the Secretary's report. So far was this from being the case, that if any credit were due to the report of Mr. SPEIGHT said, that he found himself between the special agent of the Treasury, there did not exist the two extremes. Some gentlemen were for crushing the slightest foundation for even the most remote suspicion bank at once, others were for shielding it from all investi- that the charter of the bank had been violated. And gation. Mr. S. said he was no bank man, but was in this very section of the law went to show that Congress, clined to pursue a middle course. His opposition to this in reserving to itself the power of investigation, had no bank arose from the hostility he felt to banks generally. intention that that House, on any light, frivolous, and unFor what kind of an investigation had the President founded suspicion, laid before it by any body, should asked in his message? For such a one as should satisfy enter upon so solemn an inquiry; but that the investiga the House, whether the bank was, or was not, a safe de- tion should take place only when a well-founded reason pository for the public funds. The report of the agent should be shown to exist for believing that the charter of of the Treasury declared that it was. There ended the the bank had been violated. No such case was before question, if that report was to be believed. But he de- the House; no such reasons had been presented to it. sired to refer the whole matter to a select committee; They were not to be found in the message of the Presi and if that committee, on farther investigation, should dent, nor in the Secretary's report. What had the Pres believe an investigation necessary, and if, in the prosecu- dent intimated in his message? Simply this: that there tion of it, they should need further power, they would, were suspicions that possibly there might be some bazant of course, apply for it. The very reason urged by the in continuing the Government deposites in the Bank of gentleman from Georgia why such powers should be the United States. Admit the fact, and still there would conferred on this committee, was, to his mind, the most be no need of a committee, because, by another section satisfactory reason why they should not, viz: that the of the same law, the Secretary of the Treasury, whensession was too short to allow time for their profitable ever he should entertain any such suspicions, exercise. He should vote against the amendment. thorized to withdraw the Government deposites from the Mr. ADAMS said, that his own impression was, that bank. The entire responsibility was devolved upon was an the |