III. All salt springs, within their limits, had been given them, together with all the land requisite for the working of them in the manufacture of salt. [H. of R. Where was sales of public lands, to be applied to the construction of main. It would be an unconstitutional act. roads, (three per cent. by the State Legislatures, and the word or syllable in the constitution which empowertwo per cent. by Congress.) ed Congress to make such a surrender? It was true that there might have been some acts of cession previous to the adoption of the constitution; but that instrument recognised all the obligations which bound the Government at the time of its adoption, and this Government was bound to fulfil them. Congress were bound to use this public domain as a common fund, for the common benefit of the people of all the States. Where was the right of the House to divert this fund to a different purpose? It was true the constitution empowered Congress, generally, to dispose of the property of the Union. But in this case their duty was specifically declared, and they could not evade it. IV. Seventy-two sections in each new State had been granted to endow seminaries of learning. And to the State of Alabama there had been given 1,620 acres of land for the seat of Government. Were not, then, great advantages enjoyed solely and exclusively by the new States? All these were over and above the share due to those States, on an equality with all the others, in the proceeds of the public domain. Ought not those States to be satisfied? Ought they not gladly, thankfully, to receive what had been granted them, and to be contented with the exclusive privileges they enjoyed? It seemed to him that they ought. He was opposed to the relinquishment of the public fund, because it operated, in effect, as a cement to the union of the States. All such bonds ought to be cheThe gentleman, however, maintained that the new rished and guarded. Whatever tended to weaken them States were injured, because they did not enjoy the right ought to be deprecated and promptly put down. It was of taxing all the lands within their limits. He thought a dictate of sound philosophy and universal experience, that the advantages enjoyed by those States were a full that mankind would always act in accordance with what equivalent for this privation. The restriction was confin- they believed to be their interest. If it was the interest ed to five years. But, supposing the lands did belong to of the people of the United States to support the Genethose States, would they tax wild land not appropriated? ral Government, and that the existing union of the States Did the State of Virginia tax all the lands within her should flourish forever in immortal youth, then a measure limits? Would the State of Alabama attempt such a thing? could not be wise that tended to destroy the Government Who would pay the taxes if they should be laid? Who and obliterate the attachment of the people to the Union. would pay the tax of land that had no owner but the pub- Were it for this reason alone, Mr. W. would never conlic? How was it to be taxed unless it should be sold? sent to part with the public domain. It constituted an And how, then, was Alabama injured, seeing that if she inexhaustible fund for the good of all. It would meet all owned the land she could not collect the tax? the exigencies of the nation; it would pay the public The SOUTHERN ASSAY OFFICES. The gentleman from Alabama had expressed his sur-debt; it would enable the nation to borrow money whenprise that a proposal for a mere inquiry should meet with ever it might need to do so; it would raise her army; it such decided opposition; especially as the subject had would equip her navy; it would pay the expenses of Govbeen recommended to the consideration of the House, in ernment. Why should the Government give it up? the message of the President. If that gentleman was He trusted such a measure would never succeed. The surprised at the opposition, Mr. W. was equally sur-nation possessed a Government unrivalled in the annals prised at the introduction of the resolution. The subject of human history. Would they do a deed that must of the message had been referred, according to the uni-blast all the fair hopes of its perpetuity? He trusted not. form usage of the House, to appropriate committees. [After Mr. W. had concluded his remarks, the whole This was a thing of course. But Mr. W. hoped it was subject was, on motion of another member, ordered to lie not a thing of course that the House should originate on the table.] every measure recommended by the Executive. President acted upon his own responsibility; the House upon its responsibility. Each department of Government must act according to its own sense of duty. On this ground the gentleman from Indiana [Mr. BooN] had consented to withdraw his resolution. But the gentleman from Alabama had persisted in his, and had gone Mr. CARSON, who had reported the bill, moved to fill into a lengthy discussion of it. What was the obvious the blank for the salary of the assayer with the sum of inference from the gentleman's conduct? That this pro- $1,500; and that appropriating money for the whole exject of giving up the public lands would gain additional pense of the four assay offices to be created, with the strength, should his resolution be adopted. If the sum of $20,000. He proposed that the compensation of gentleman did not believe this, why had he pressed the commissioners to be appointed for the selecting of his resolution? He must have thought that it would fur- the several sites for the assay offices should be four dolther the object he had so much at heart. Well, it was for lars per day. On the motion of Mr. CARSON, the House then went into a Committee of the Whole, Mr. CLAY, of Alabama, in the chair, and took up the bill to establish assay offices in the gold regions of the South. that very reason that Mr. W. had opposed the resolution. Mr. ROOT said, it would really afford him great satisHe was unwilling that even an inquiry should be enter-faction, if the gentlemen from the South, who were altained upon the subject. The measure appeared to ways found to be so sedulously careful to guard against all him so wholly inexpedient that he would not even con-infringement of the constitution, would be so obliging as sent it should be taken up at all. Suppose a gentleman to inform him from what clause or part of the constitushould get up and move a resolution that it was inexpe- tion they derived the power to pass such an act of Condient longer to continue the present Government of the gress. He well remembered that the gentleman who had United States; would it be entertained? Mr. W. thought reported this bill [Mr. CARSON] was always extremely the present resolution much of the same kind. He was careful as to the exercise of any implied or assumed opposed to all projects of this kind. He was aware, in-powers. Even the encouragement of an agricultural prodeed, that the subject would be brought up before the duction of great interest proposed by a bill at the last House by the report of a committee. He trusted that session [Mr. R. alluded to the silk bill] had been successcommittee would take the course which he approved; fully opposed by that gentleman and others from the same and he trusted also that the gentleman from Alabama quarter, on the ground that Congress possessed no power would follow the example of the gentleman from Indiana. to pass such an act. What was the object of the present The Government had no right to give up the public do-bill? It was simply to assay gold for exportation. It was H. OF R.] Southern Assay Offices. [DEC. 19, 1832. not intended that the gold assayed should go to the mint, lution calling upon the director of the mint to state to the and come under the power given by the constitution to House the relative value of gold and silver coins, was coin money. Its value was to be fixed upon the scientific correct; the gentleman might find some constitutional principles to be furnished by the director of the mint, question even in such inquiry; some solemn invasion of for the purpose of ascertaining its fineness for the jewel- the constitution might be involved in it. But here was a ler or the exporter, and to save them the trouble and bill appropriating money, creating new offices and new expense of assaying it. He hoped the time was not far salaries; and a Committee of the Whole was the proper distant when it would become profitable to take gold to place to discuss it. Gentlemen pretended that these as the mint. Whenever the bill reported by his colleague say offices were required in connexion with the mist should come up, he trusted a decision would be had upon No doubt, if the mint coined gold, and silver, and copper, it which would render the mint useful for other purposes it must have gold, silver, and copper to coin; but it must than stamping gold for exportation. The advantages to also have iron to use in the coining. But if the argument be derived from this bill be regarded as of little impor- was a good one, he supposed that wherever there was a tance compared with that, to say nothing of the consti- forge or an iron foundry, there must be an assay office tutional question. Under his present views of constitu- to stamp the iron as of the first, second, or third quality. tional power, he moved to strike the enacting clause from He must insist upon his motion. the bill. Mr. PENDLETON said that he understood the obiec Mr. CARSON said he was never in his life less prepar- tion of his colleague to this bill to be, that the operation of ed to go into the discussion of any question. He had an assay would be performed at the expense of the pebarrived in the city but this morning, and had not had the lic, instead of being paid for by the individuals concerned opportunity of looking into a single paper. If the gen- But as no seiniorage was required at the mint, the obtleman wished an explanation, he hoped he would waive jection of his respected colleague did not lie. The assay his motion for the present, and suffer the bill to go through of the metal was the initiatory operation in the process of the committee, and be postponed for a day or two. He coining; and if it was constitutional to coin, it was, therecould only answer his question now, by asking another-fore, constitutional to assay; and if it was constitutional o where was the constitutional power for establishing a mint assay at Philadelphia, it was equally constitutional to assay derived? in Georgia, Virginia, or the Carolinas. Mr. ROOT thought it would be better for the committee to rise and report progress. As to the gentleman's question, it was easily answered. Congress had power to create a mint, as a necessary instrument or tool for the coining of money. If it had power to plough a field, it had power to make a plough to do it with. But these subordinate assay officers were no help towards coining; they only stamped the gold for sale or exportation. Mr. CARSON said the assay was the first step in the process of giving coin its established value. His constituents wished to avoid the risk of transporting their gold all the way to Philadelphia to have its value fixed. Mr. FOSTER said he had himself anticipated son: constitutional difficulty, and, with a view to obviate it, he proposed to amend the bill by adding the words " branches of the United States mint." Mr. ARCHER thought there was no necessity of de ciding the constitutional question whether the United States mint could rightfully extend its branches into the different States. He wanted to know, first, what necessity there was for creating the establishment proposed. The bill went to erect four assaying establishments--one Virginia, one in North, and another in South Carolina, and a fourth in Georgia. Now, he was very sure there was no want of any such office in his own State. All the gol that had been, or was likely to be found there, was not of sufficient amount to authorize such a measure; nor had the committee any evidence before them to show the re cessity of erecting these offices in the other States named. He should therefore vote for striking out. Mr. CARSON asked the gentleman whether he had read the report and documents? Mr. ARCHER replied that he had. Mr. CLAYTON, of Georgia, expressed his hope that the gentleman from New York would consent to the bill's passing the committee. It was of great importance to the State from which he came. Gold was fast becoming to the South a subject of greater interest than any other product except the staples of those States, insomuch that the citizens of the State of Georgia had resolved on sending a deputation to Congress upon the subject. As to the constitutional question, the gentleman from New York would himself admit that the people of the Southern States were as little disposed to violate the constitu- was willing to strike out the State of Virginia from the Mr. CARSON expressed surprise at his opposition, but tion as any citizens of the Union. In order to carry into bill. The greatest difficulty of the gold proprietors was effect the provision of the constitution giving Congress to have its value ascertained. They had a scientific ger power to coin money, an assay office had been established tleman at the South who had assayed the metal, and at Philadelphia. All they asked was, that branches of stamped it in pieces of different sizes, of the value of one that office might be established, for greater public con- dollar, five dollars, ten dollars, &c., but this assay was des venience, within their own States. Mr. C. said he was titute of official authority, and speculators availed them well acquainted with the frauds and speculations practised selves of this state of things to defraud the gold prope on the owners of gold, and would, at a proper time, pre- tors. The gentleman was not probably sent to the committee many facts on that subject. Mr. CAMBRELENG hoped the wishes of the gentle- and amount of gold produced. The year before last it had man would be complied with. His colleague had him- last year that amount had been doubled. self lately offered a resolution, proposing, as well as he aware of the Mr. CLAYTON said that they only asked that advar recollected, something about the assay of foreign coins. tage for their gold which was enjoyed in the gentleman's That involved the same constitutional difficulty with the own State by the tobacco of Virginia, viz: having its present bill. Mr. ROOT stated the reasons why he could not con- insisted that the practical effect of the bill would be, bet lue increased from being officially ascertained. Mr. C. sent to suffer this bill to pass without opposition from the to prevent American gold from reaching the mint, bet committee into the House. The committee was the pro- rather to give it that direction. At present, much of the per place to collect the requisite information, and to dis-gold went into the hands of a jeweller, and thence found cuss the constitutional question before the gag should be its way to Europe. imposed upon them in the shape of the previous question. Mr. BOULDIN said that, from the first time he had Possibly the suggestion of his colleague [Mr. CAMBRE- heard of the proposition in this bill, he had been reflecting LENG] as to the constitutional difficulty attending a reso-much on the subject, and was unable to make any distinc DEC. 19, 1832.] Asylums for the Deaf and Dumb, and the Blind. [H. OF R. tion between the inspection of flour, beef, or tobacco, left there until it should be coined. To introduce a reguand the assay office, now desired to stamp the degree of lation like this into the assay offices would defeat the fineness upon this article of commerce. The Government very object of creating them; which object, as stated by of the United States had no power to pass such a bill. the gentleman from North Carolina, was to enable the The regulation of inspection laws was adverted to by the owners of gold to sell it in the form of bullion: the law, constitution in terms, and was expressly declared to be however, clothed the director of the mint with power to within the control of the States alone. Nor was the acci-contract with the owners of bullion to exchange it for an dental fact that the gold of North Carolina or Georgia equal weight of coin. But the director could not transwould thereby find its way to the mint any reason why fer this power to the proposed offices, unless the law this inspection should take place under a law of the Unit- should authorize him so to do. If an individual purchased States. Every valuable object proposed by this billed coin with bullion, the ordinary rule was to deduct might be attained by a State taking precisely the same one-half per cent. as seiniorage. This would have to be measures in relation to gold as it did in respect to flour, paid by the people of Georgia and the Carolinas; nor fish, or tobacco. It was said, indeed, that the owners of would even this regulation take effect without farther the gold were cheated by sharpers; but Mr. B. thought provision in the bill. The object of the measure was to that the United States' Government had gone quite far enable the holder of gold to receive its value as quickly enough in the effort to set themselves up as regulators of as possible, and the bill might be so constructed as to enthe local concerns, not only of States, but of individuals. able him to receive it at once. He trusted that no such things as inspection laws would be attempted by the General Government, whether as to gold, brass, iron, or lead. Mr. B. had not examined the reasons which might or might not induce the States concerned to pass such laws as should prevent either the dealers from cheating the buyers of gold, or the buyers from cheating the dealers. Mr. FOSTER quoted the law establishing and regula ting the mint, to show that the Secretary of the Treasury had a discretionary power as to the rules of assay, and he could obviate the difficulty suggested when he should lay down rules for those offices. Mr. F. dwelt upon the great convenience of having a branch of the mint established in the region where gold was produced: it would Mr. ROOT having withdrawn his motion to strike out, be a benefit, not only to the parties immediately concernMr. FOSTER proposed the amendment he had before ed, but to the whole community, by introducing a small mentioned, viz: to add the words "as branches of the gold coinage instead of the small bills at present so much United States mint." Mr. F. professed as great delicacy objected to. as any other member could feel in relation to the powers Mr. HOWARD reminded the gentleman from Georgia of the General Government; a subject on which he hoped that, though the Secretary could make regulations under never to slumber, whether his own interests or those of the law, he could not make regulations inconsistent with others were concerned. He held the erection of these the law; and, as the law confined the power in question assay offices to be perfectly constitutional, under that to the director of the mint, the Secretary could make no clause which empowers the General Government to coin rule giving that power to any one else. money. If it was constitutional to create a mint, and to erect, as its auxiliary, an assay office at Philadelphia, why was it not equally so to establish similar offices elsewhere? Soon after the gold mine had been discovered, the assayer had marked the pieces of metal, of various value, from one dollar upwards. The difficulty had been suggested at that time as to the constitutional right; but the difficulty had been met by the consideration that such pieces could not be made a legal tender but by the authority of Congress. If the General Government should stamp them, they would then pass into circulation as coin. If these offices were merely for inspection, he should admit the force of the objection which had been urged by the gentleman from Virginia, [Mr. BOULDIN] but they were for a different purpose, and would be nothing more than branches of the mint. Mr. COKE said it would give him much pleasure to vote for both bill and amendment, if his principles did not oppose both. But believing that the General Government did not possess the power to do what the bill proposed, he would not consent to exercise a power indirectly, which could not be done in a direct manner. If he was compelled to vote at present, he should be obliged to vote in the negative: he therefore moved that the committee rise, report progress, and ask leave to sit again; but At the suggestion of Mr. TAYLOR, the motion was withdrawn, and the bill for the present laid aside. ASYLUMSF OR DEAF AND DUMB, AND blind. The committee then proceeded to consider the bill Mr. ELLSWORTH inquired whether there had been granting a township of land to the New England Asylum any communication with the officers of the mint as to for the Blind, and the New York Asylum for the Deaf the measure of extending it by branches. Mr. E. was and Dumb. desirous of knowing both the necessity of such a mea- Mr. CAMBRELENG moved to amend the bill by masure and its consequences. It might be proper to inquire king a similar grant to the Asylum for the Blind in New whether further guards were not necessary before such York. a measure should be adopted. Mr. E. was entirely un- Mr. WARD said he was in favor of the bill as it had informed upon the subject, and desired further prelimi-been reported by the committee to whom it had been nary information. referred, and he hoped his honorable colleague [Mr. Mr. DEARBORN suggested that the difficulty might CAMBRELENG] would withdraw the amendment which he be obviated by inserting the words "as branches of the had proposed in favor of the institution for the blind in assay office."' New York, because, he said, that he should deeply lament Mr. HOWARD observed that the effect of the amend-the rejection of this bill, which, he said, might be the ment proposed by the gentleman from Georgia, [Mr. FOSTER,] would be such as that gentleman did not anticipate, unless further provisions were added to the bill. As it stood at present, the bill left the mint to be regulated as by the existing laws. If these offices were to be branches of the mint, they would be subject to the same rules with the mint; and one of those was, not to assay bullion unless for the purpose of converting it into coin. All bullion brought to the mint was required by law to be consequence if such a proposition should prevail; for if one amendment should be admitted, no one could predict, with any degree of certainty, where we should stop. Besides, (said Mr. W.,) it is not usual to amend a bill in this manner, when in Committee of the Whole, by tacking a similar application to it: such amendments have heretofore been invariably rejected. The application (said Mr. W.) ought to have been referred, in the first instance, to one of the standing committees, or to a com H. OF R.] Asylums for the Deaf and Dumb, and the Blind. [DEC. 19, 1832. mittee raised expressly for the purpose. Mr. W. said exists in the ratio of one in every 2,000; consequently, that the committee had not been informed whether a there are upwards of 7,000 in the United States: of that foundation had as yet been laid for the institution for the number the State of New York contains at least the blind in that city. He hoped the bill under consideration one-seventh part. In the New York institution, those would not be embarrassed by the amendment proposed; mutes who are not able to pay any part of their expenses, and he promised his colleague [Mr. CAMBRELENG] that are admitted as charity scholars; but in all cases where should the bill be reported in favor of that institution, he the parents are able to pay a part, then a part only is rewould give it his cordial support. Mr. W. stated that he quired. Sir, it is a lamentable fact, that, until within a had done himself the honor to submit to the House the few years, the deaf mutes throughout the world have memorial from the Deaf and Dumb Institution in New been looked upon as outcasts in society, and that, with York, which was referred to a select committee, and this the best efforts of the friends of humanity, only a small bill was reported for its relief from the said committee, number of them have as yet been raised from darkness, by the honorable gentleman from Massachusetts, [Mr. ignorance, and barbarism. Let us not be unmindful that EVERETT;] and he therefore felt interested in the success they are a part of the human family; that they labor of the application. He said it was proper to remark that, under deprivations brought upon them without their own in the year1830, a bill passed the Senate granting a town- agency, and most generally in the period of childhood; ship of land to this institution, which he regretted to say they are, therefore, peculiarly entitled to the sympathy was lost in the House for want of time to act upon it. of the community, to the liberal beneficence of the Mr. W. said he would take this occasion to observe that nation. The means to raise them to the state of human this institution was first opened as a charity school in understanding is no longer unknown; the veil is now May, 1818, and has been fourteen years in operation, withdrawn; methods have been discovered to compenduring which time its founders have had to contend with sate, in a great measure, for the privations they have sufvery many difficulties, which have been in a great mea- fered in the loss of hearing. Charity rejoices at the efsure surmounted. The directors have completed a build-forts made for their relief, and religion will lend its being sufficiently large to contain all the deaf mutes who nign influence to consummate the noble work. may be disposed to attend the institution from that and Congress has been bountiful to similar institutions. the adjoining States. The building will accommodate at Grants of land have heretofore been made to the deaf and least two hundred, the aggregate cost of which, includ- dumb institutions in Connecticut, and in the State of Kening other buildings connected with it, and the improve- tucky. The population of the whole of the Eastern States ments made in ornamenting the grounds about it, was exceeds but little (if any) that of the population of the State something like $37,000. The State of New York con- of New York; and he said if it were just to grant relief tributed, by an act of the Legislature, passed in 1827, to the institutions in Connecticut and Kentucky, he would $10,000 to that laudable object; and the sum of $16,000, ask whether it was not equally just to grant relief to the or thereabouts, was contributed by the benevolent citi- deaf and dumb institution in the city of New York? Bezens of the city of New York; and the balance was raised sides, said Mr. W., as large tracts of land have been grantby a loan, the greater part of which is now due. To ed for literary purposes in all of the Western States, and as meet this debt, as also to enable the directors to extend we are daily told in this House that these lands belong to the the benefits of the institution to a larger number of deaf States after the payment of the national debt, he thought mutes, is the object of the prayer of the directors. They that the claim now before the committee was paramount have not asked that the bounty of this nation should be to any such consideration. The benevolent citizens of New extended to them without showing, in the first place, that York city, who have erected this institution, and who feel private charity has done something for the creation of an a deep and lively interest in its prosperity, are entitled to institution: they have shown that a foundation has been all praise for what they have already done; and when the laid, and that the institution is in full operation, and ex-fact is taken into consideration that those citizens have tending the benefits of instruction, so far as its means will many calls upon their charity from every section of our enable it to do. Private benevolence has done much, country to aid in erecting churches, colleges, and other and should the public bounty conspire, a beneficial result seminaries of learning and religion, as also for the relief will be produced. Sir, the individuals who have lauda- of sufferers by fire and flood, and that in every instance bly undertaken to superintend that institution, acting they contribute to those objects cheerfully and with an from humane and benevolent motives, have not only con- unsparing hand, it seemed, he said, to him, that they were tributed liberally in money, but have devoted their time, now entitled to some consideration. Mr. W. said, that their attention, and their labor to the object, without as he was not one of the Representatives for that city, but which no institution can flourish, and without which it is as he had the honor to represent the adjoining congres. not at all probable that the bounty of the nation would sional district, he considered himself at liberty thus to call private charity into action. That institution is now speak; as no motives of delicacy restrained him in this in a flourishing condition, and the patronage of the Gov- respect, he could speak, he said, of things as they were, ernment is only required to render it one of the most without the imputation of making an improper compli useful in the country. The directors have taken unwea- ment. He conceded to merit only its due, and he conried pains to procure competent assistants from the Royal gratulated himself that the occasion had been offered him, Institute, where the principle and practice of the Abbé and that the House had it in its power to extend a suita. Sicard are pursued. Indeed, sir, they have proceeded ble reward to this institution, consistent alike with the thus far with a full determination that the institution policy of the nation and the dictates of humanity. But, should stand among the first for the instruction of mutes he said, he did not wish to be understood as urging to this in this country, and all they now ask is additional means. House that that State had claims upon this nation for its Thirty-two indigent mutes have heretofore been annually bounty; but he asked the relief solicited as an act of pubadmitted at the expense of the State of New York: the Le-lic charity, and he trusted it would be granted, in view of gislature of that State having appropriated the necessary the motives which have guided the institution in all its means for that object. The State provides for no more, measures, and more especially in this application. He although there are now at least 1,000 deaf mutes within its begged, in conclusion, that a bill so laudable in its object limits; and it is to be regretted that there are numerous might not be embarrassed by the amendment proposed applicants, who cannot be admitted for want of further by his honorable colleague, [Mr. CAMBRELENG.] means. It has been estimated, doubtless by those well Mr. CAMBRELENG said he had offered his amendacquainted with the subject, that this unfortunate classment only in consequence of the absence of the gentle DEC. 20, 1832.] Amendment of the Constitution.--Assay Offices. man [Mr. VERPLANCK] who had presented a memorial in Mr. IRVIN, of Ohio, moved an amendment, granting the same quantity of land to the institution in Ohio. Mr. EVERETT expressed his hope that the gentleman from Ohio would follow the praiseworthy example of the gentleman near him, Mr. CAMBRELENG,] and consent to withdraw his amendment, lest, by overloading the bill, its safety might be endangered. Two institutions for the deaf and dumb had been already endowed; but this was the first institution for the blind. He pledged himself to lend all the aid in his power towards a separate bill for the benefit of Ohio. [H. OF R. the state of the Union; a resolution on an analogous subject had been committed to that committee, and a recommendation in respect to it, contained in the President's message, likewise had been subjected to its action. Mr. WICKLIFFE regretted that he should differ in opinion with the gentleman from North Carolina, [Mr. SPEIGHT,] as to the proper destination of the subject which he had deemed it his duty to bring under their consideration. He should object to a reference to the Committee of the Whole on the state of the Union, because he was fully satisfied, from his experience in that House, of one fact; and that was, that one of the most successful modes of disposing of a question, without deliberating upon it, was to send it, in a short session of Congress, to a Committee of the Whole on the state of the Union; and thus, perhaps, to prevent an opportunity of taking a vote upon it. He should, therefore, proMr. IRVIN could not consent to withdraw the amend- pose to keep the bill upon the Speaker's table, if it ment. The report of a standing committee had recom- were only to occupy as much of the time of the House mended a donation to the institution in his State; and, as would suffice for the taking of the yeas and nays. He though it was situated beyond the mountains, that fur- was satisfied that this could not be effected if the subject nished no reason why it was not as worthy of patronage should be referred to a Committee of the Whole on the as if it was on this side. That State had paid into the state of the Union. His (Mr. W.'s) mind had long been treasury 18,000,000 dollars from the public lands, be- made up, at least as to the propriety of proposing such sides 13,000,000 more, which had gone to satisfy military an amendment to the constitution. Upon that point he warrants. All the expenses of the State were raised by did not stand alone, but was supported by high authority. direct taxation on the landed property; and was it just He might be permitted to say, that there had been chidthat the landholders of Ohio should be taxed to sustaining in some quarters as to why this question had not been this institution, and the General Government, so great a considered by the last Congress, or the present one. He landholder, contribute nothing towards it? He thought concluded by asking for the yeas and nays. the claim rested on considerations of justice, as well as humanity. Both Mr. CLAY and Mr. WILLIAMS expressed their assent to this arrangement. AMENDMENT OF THE CONSTITUTION. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (twothirds of both Houses concurring,) That the following be proposed to the States as an amendment to the constitution of the United States, to take effect from and after the ratification of the same by the Legislatures of threefourths of the States, viz: No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office of trust or profit under the authority of the United States. Mr. SPEIGHT shortly replied, and observed that his sole object in moving the reference of the resolutions to a Committee of the Whole on the state of the Union, was, that the whole subject might be brought up in con nexion. Mr. WICKLIFFE withdrew his motion to postpone till this day week, in order that the sense of the House might be evinced by yeas and nays on the proposition to commit to a Committee of the Whole on the state of the Union. He intimated that it was his intention to renew the motion to postpone, and make the resolutions the special order for this day week, in the event of the motion for commitment being negatived. The yeas and nays were then taken on Mr SPEIGHT'S motion, and it was negatived-Ayes 88, noes 91. The resolution was then postponed to Monday next. ASSAY OFFICES. The House resolved itself into a Committee of the Whole on the same bills as yesterday; when "the bill for establishing assay offices in the gold region" was resumed. Mr. ROOT asked, whether that seemed now to be constitutional, which, on another occasion, in the estimation of some gentlemen, at least, was not so? Here was an attempt made to establish offices for the inspection of a commodity for exportation, and to render the measure constitutional by appending it to the mint. The right of inspection was one which the United States had always reserved and exercised, and still should hold and exercise. But would the assaying of gold belong to the mint by the provisions of the present bill as now amended? and four new assay offices, connected with the mint, were asked for. Would it be for these establishments to ascertain the Mr. WICKLIFFE repeated the wish expressed by him fineness of an ingot of gold, stamp the value upon it, and on a former occasion, that a vote should be taken on this then let it pass for money? It.might, indeed, practically subject during the present session of Congress. It was pass as coin, because the coin of this country being worth not his desire to press the question upon the House at more than its specified value, persons receiving these inthis time, and he would therefore move to postpone it gots might dispose of them advantageously. But would until this day week, and to make it the special order for this stamped ingot pass as a legal tender in payment of that day. debts? This attempt to establish the constitutionality of Mr. SPEIGHT suggested that perhaps the preferable the measure, by appending the proposed assay offices to reference would be to the Committee of the Whole on the mint, was getting round the constitution in a way, in |