II. OF R.] Horbor Bill. [JUNE 23, 1834. tent men, and acting under their responsibility to the altogether inadmissible to apply any portion of the public Government that employed them, are entitled to the full money to the improvement of navigable rivers on the confidence of this Honse; and, from the information fur- other side of the mountains, and, I must add, with regret, nished by them, the practicability of improving the rivers that this singular doctrine has been applied with peculiar mentioned in the amendment, so as to render them safe severity to Kentucky. Hence, large sums are annually for steamboat navigation, at an inconsiderable expense, expended for the improvement of the navigation connectcompared to the beneficial results, is made quite manifest.ed with the seaports and harbors on the lakes, while the Green river is represented to be remarkable for the State from which I come has been wholly excluded from depth of its water and the gentleness of its current. From all participation in such benefits. I do not mention this in the examination made by the engineers, it appears that the spirit of complaint, much less of reproach against any the average depth of Green river, for more than one administration or any party, but intend only to state the hundred miles from its mouth, exceeds twenty feet. fact, to strengthen, if possible, our claim to the justice, or, There is no river in the Western country for the naviga- if you please, the liberality of this House. It is not, sir, tion of which nature has done so much, and left so little my purpose to enter into any discussion of the constituto be performed by the art and industry of man. The tional question; neither shall I detain the House by a parnavigation, as has been remarked by my colleague, is ob- ticular examination of the distinction that is said to exist structed by rapids at three or four points on the river; in principle between the power to construct a breakwater none of them are very formidable, and all of them may be in the Delaware, and to remove obstructions to the naviovercome, according to the opinion of the engineers, by gation of Green river in Kentucky. In my opinion, no the construction of three dams and locks, whereby, at a such distinction is deducible from the constitution. If the very moderate expense, a safe slack-water navigation may grant of power to regulate foreign commerce gives aube obtained from the mouth of Green river to the junc-thority to Congress to improve a harbor or erect a bea tion of that stream with Big Barren river, a distance of con on tide water, the power to regulate commerce beabout one hundred and fifty miles; and it is estimated that tween the States equally authorizes the improvement of all the necessary works for this purpose may be comple- a navigable river in the valley of the Mississippi. The ted at an expense of little more than $100,000. Such power must be exercised in all cases where the interest of are the views of General Lacock and the gentleman as- the people requires it, whether to promote the interests sociated with him, as set forth in their report; and they of foreign commerce or of commerce between the States, are, as I understand, corroborated by the opinions of the or it must be exercised in none. engineers who some years ago made a survey of Green Sir, the people of Kentucky have been the decided and river, under the orders of the Secretary of War; and consistent advocates of a wise and prudent exercise of they are confirmed by the commissioners charged with this power, although they have never derived any special the superintendence of the work, who have made a re-advantage from it. They pay their equal share of the port of their own. The utility and the practicability of revenue of the country, and have contributed their full the work, therefore, cannot be doubted. The able re- proportion of the millions expended for internal improveports to which I have referred, although not proceeding ments in the other States; but, unless a more liberal polfrom an Executive department of this Government, must, I think, be considered satisfactory, and worthy of the confidence of the House. icy shall at length be observed towards that State, she will be compelled, in justice to herself, to withhold her support from a system, from the benefits of which she must be excluded. Sir, the importance of Green river, as may be inferred from what has been said, has already attracted the atten- All attempts that have been made to obtain for that tion and employed the care of the Kentucky Legislature. State a portion of these benefits have hitherto proved unBesides causing a survey to be made, they have appro- successful; sometimes on pretence that there had been priated, at different times, the sum of $75,000 towards no survey executed, or no estimate made of the necessary the accomplishment of the work necessary to remove the expenditure; and sometimes it has been alleged that the obstructions to the navigation; and that sum, it is believ- work was not national, but local, and therefore inexpeed, in addition to the amount now proposed to be appro- dient or unconstitutional. And it is possible that this last priated by this Government, will be sufficient to make objection may have weight on the minds of some gentlethe navigation of Green river safe and commodious for men in the present case; for Green river has its navigable steamboats of two hundred tons burden, up to its junc- course exclusively within the limits of the State of Kention with Big Barren river; an event from which incalcu- tucky; so has Big Barren river; and other works of inlable advantages will be derived by a numerous and internal improvement have been pronounced by high audustrious population, and especially my own constituents; thority to be local, and therefore unconstitutional, on no and I cannot but hope that so small a sum will not be re- better reason than this. But it will be borne in mind that fused by this House, when such extensive and important the trade of Green river contributes to swell that of the benefits are to result from its expenditure. Ohio and Mississippi, in the commerce of which great Some gentlemen, I know, have constitutional objections rivers not less than twelve or thirteen States and Territoto this amendment, as well as to all appropriations for ries are interested. The trade of Green river connects works of improvement. I shall certainly not attempt to itself especially with that of Louisiana, in whose commerremove them. These gentlemen have at least the merit cial metropolis the products exported through its channel of consistency, and are impartial in the application of annually find a market, though not always a ready or a their rule. But there are others who, without feeling any profitable one. It is intimately connected with all the scruples as to the general power of Congress to appro- States whose commerce centers at the same great western priate money for objects of internal improvement, are market; and it may be said, indeed, that the whole nation yet disposed to make a distinction between improvements has an interest more or less in this trade. The principal made on the seaboard or the lakes, and those on the riv-product exported from the Green river country is infeers in the interior. These gentlemen can perceive no-rior in importance only to the cotton of the South, as an thing unconstitutional or inexpedient in the appropriation article of foreign commerce. The tobacco of Green of money to facilitate foreign commerce; to render secure river finds its way to the ports of the Atlantic; to Liverand cheapen the transportation of merchandise to and pool, to London, and to the ports of the European contifrom our seaports, at which vessels arriving from foreign nent. A public work, therefore, although located on a countries break bulk, to use an expression of one of my river not passing out of the limits of a single State, the honorable colleagues, [Mr. HARDIN;] but they consider it effect of which is to expedite and render more secure the His amendment was negatived. [H. OF R. transportation of this and other valuable articles of com- should not ask so much as he had done before; he would merce, and consequently to lessen the price to purcha- now be content with 30,000 dollars instead of 60,000, sers every where, is of national concern, and not local and glad to get even that. merely. Its benefits are not confined to the people of one State or of one neighborhood, although I admit they are interested to a greater extent, and more directly, than the rest of the community; but this is equally true of all works of internal improvement, wheresoever situated, whether at Oswego or Buffalo in New York, or at the falls of Vienna on Green river. Mr. MANN renewed his former motion to amend Mr. MORRIS's amendment by striking out $20,000 and inserting $17,000; but the Chair pronounced it not to be in order, inasmuch as Mr. MERCER's motion was itself an amendment to the amendment reported from the ComImittee of the Whole. Mr. MERCER regretted that he could not support the Mr. GARLAND, of Louisiana, said he had now a letter amendment, but went at length into a series of explana- from the Engineer department, in relation to the approtions of the views which governed his course in relation to priation for cutting through the raft in Red river, which proposed objects of improvement. he desired to send to the Clerk's table, that it might be The question was then put, and the amendment re-read. It would obviate the objection which had been jected. made to the amendment he had offered. The CHAIR reminded Mr. G. that his motion was out of time at present; the bill must first be gone through with, then would there be an opportunity. [It was now late in the evening; lights had for some time been in the hall, and much impatience and great confusion prevailed. The Chair exerted itself to restore and to preserve order, frequently interposing and stop- The item for an appropriation for Deep creek, at the ping all business, until something like quietness was ob- mouth of the Dismal Swamp canal, having been readtained. To add to the uproar, a very heavy storm of Mr. HAWES said he wished to have some further inwind, thunder, and lightning, broke over the Capitol; formation as to this Deep creek appropriation. When and, as the upper windows were all open on account of rivers, in which the Western States had an interest, were the heat, the wind threw the large curtains of the gallery rejected, and their improvement refused, without a diviabout with great violence, while the rain, beating on the sion, he wanted to have the yeas and nays, that he might range of large southern windows, occasioned such a noise see who went for creeks and deep creeks when rivers as to drown effectually every other sound. During this were rejected. time several motions were attempted, and the movers addressed the Chair, but neither the motion nor speech could be heard.] Mr. EWING moved an item of 20,000 dollars for the improvement of the Wabash river. Mr. E. supported this motion in a speech of some length. Mr. HUBBARD explained. He stated the ground on which the Committee of Ways and Means had inserted this item. A bill had once passed the House, in which this appropriation was included; but it was vetoed on other grounds. The United States were deeply concerned in having the object effected, inasmuch as it was important to the navigation of the Dismal Swamp canal: a work in which the Government held a large proportion of the stock. Mr. BEATY observed that an act exactly similar had passed in favor of the improvement of Cumberland river. Mr. KINNARD said he was against all attempts at browbeating. He had waited for other members, of more age and experience, to raise their voices in opposition to it; but, as he heard none, he had broken the silence which he had imposed upon himself since the opening of the session, for the purpose of administering If it was a good reason in favor of one object, why was a modest and humble, but merited, rebuke to such con- it a bad reason in favor of another? Would the gentleduct on the part of the representatives of a free people man give to one and withhold from the other, both being toward one who enjoyed the same rights with themselves. situated alike? The appropriation for Deep creek had He would refer gentlemen to the records of the country not been asked for, yet the gentleman had resolutely deto prove that the river Wabash was one of the navigable termined to give these $29,000 to Deep creek, a stream waters of the United States. He should not reproach not half the size of Cumberland river. Mr. B. hoped that them with ignorance of the geography of their own country. Mr. K. here quoted some printed documents, from which he read, interposing occasional comments; he spoke with emphasis and much animation, but, such was the confusion, that we cannot attempt even an out- Mr. MERCER asked a division of the question; but, line of what he said. He repelled, with much spirit, the after a brief debate on the question of order, he withimputation of land-jobbing and begging which had been drew his demand. As to this being called a creek, the cast upon the people of the States northwest of the Ohio, terms creek, run, brook, and branch, were all applied and explained at length the claims of the State of Indi-indiscriminately, almost, to streams of water of very difana, and the importance of the contemplated improve- ferent sizes, and very different degrees of importance in ment. He demanded the yeas and nays, but the House different parts of the Union. Mr. M. knew of one inrefused to order them; and the amendment was rejected: Ayes 48, noes not counted. Mr. CARR, of Indiana, renewed the amendment he had offered in Committee of the Whole, for an appropriation for deepening the Indian chute, in the falls of the Ohio. He said that, when he had before submitted this amendment, there were no estimates to support it; since then he had obtained estimates, made by Captain Shreve. He wished they should be read, and he sent them to the Clerk's table for that purpose; but the House refused to hear them, and the amendment was rejected without a count. some gentleman from North Carolina would rise and explain the necessity for such an appropriation, and not let it rest upon a member of the Committee of Ways and Means to take it entirely under his own patronage. stance where it so happened that a "river" ran into a "creek." The name, therefore, gave no criterion from which to judge of the importance of the stream, nor the necessity or propriety of improving its navigation. Mr. HUBBARD disclaimed any particular affection for this item in the bill. The committee had agreed to insert it, and it had been in the bill of 1831. It was said that some of the members from Virginia were opposed to it, though it was in part a Virginia improvement. If so, let them reject it: Mr. H. was not streneous, however, on the matter. Mr. MERCER said he would explain the fact, in relaMr. CROCKETT moved again his amendment for im-tion to this improvement in Deep creek, which would proving the navigation of Hatchie river, and some other relieve gentlemen from some of the difficulties they seemstreams in his district. He observed, however, that, as ed to feel in 'regard to it. Mr. M. then went into a denobody knew where the money of the country was, he tailed explanation, insisting that the interest of the canal company was a totally distinct matter: the appropriation rested on no such ground. Mr. WISE said he was opposed to this amendment, and should vote against it, if it were at his own door. His objection rested on constitutional principles. He protested against its passage. As to the interest of the United States in the Dismal Swamp canal, he was informed that that measure had been stuck down the throat of the Virginia members, against their determined resistance to it; and afterwards, whenever they spoke against internal improvements by the General Government, this matter of the Dismal Swamp canal was constantly thrown in their teeth. He was opposed to the amendment, whether it was a Virginia improvement or not; and should vote to reject it. [JUNE 24, 1834. Mr. POLK demanded the yeas and nays. They were ordered and taken accordingly, and resulted as follows: Yeas 107, nays 48. So the bill was passed and sent to the Senate. TUESDAY, JUNE 24. Mr. PARKER, of New Jersey, desired to present certain resolutions, entered into by a State convention, held at Trenton on the 21st May, and which he hoped, as the day usually assigned for the presentation of petitions and memorials had been otherwise occupied, the House would permit him to offer. Objections having been made, He moved a suspension of the rule. Mr. DENNY proposed to amend the motion, by sus pending the rule for the presentation of memorials generally. The House having refused to suspend, Mr. HAWES said it had been objected by the gentleman from Tennessee [Mr. POLK] against a western im. provement, that the present bill was intended to comprise only works commenced and actually in progress, and not any new works. Now, he wanted to know whether any appropriation had ever been made for this Deep Mr. POLK obtained leave to present certain amendcreek' He understood it was a stream of 40 feet wide. ments from the Committee of Ways and Means, which he The Virginia members were opposed to it. gave notice it was his intention to propose, when the Inthority had the House to interfere and force this improve-dian bills should be taken up for consideration. ment upon the State without her consent? This was merely a work yet to be commenced: how could it come into the present bill? What au Mr. MERCER denied that this was a new work, unless it could be called a new work to build a porch to a house after the house had been built. There was no getting into the Dismal Swamp canal without passing through Deep creek. The canal was completed, and now it was asked to remove an obstruction at the mouth of it. The question being put, the amendment was agreed to. The question was then put on concurring with the amendment proposed by Mr. MERCER, as amended, and decided in the affirmative, by yeas and nays, as follows: Yeas 92, nays 82. Mr. WISE now moved to lay the bill upon the table; but withdrew his motion at the request of The amendments were ordered to be printed. Mr. SUTHERLAND, from the Committee on Commerce, reported a bill transferring the custom-house from Magnolia to St. Marks, Florida, which bill was read twice; and he moved that it be ordered to be engrossed for a third reading. Mr. WATMOUGII desired to amend that motion, by including therewith "the bill to extend the limits of Philadelphia as a port of entry," action upon which, he said, was highly interesting and important to the inhabitants of that city, and it was a measure due to them on the principles of justice; to which, as he could not see any possible objection ought to be made by his colleague, he hoped he would accept the amendment as a modification of his motion. Mr. SUTHERLAND explained that it was his intention to report, with amendments, several bills that had Mr. SEVIER, who proposed an item of $30,000, to been passed in the Senate and referred to the Committee complete the navigation of the Arkansas river. Mr. S. de- on Commerce; amongst them, one in relation to this subclined accompanying his motion with any remarks, on ac-ject, and which, he presumed, would be the best means count of the lateness of the hour. to secure the action of Congress on the subject this ses It was rejected. Mr. WATMOUGH renewed the amendment he had before offered in Committee of the Whole, appropriating $10,000 for piers in the harbor of Delaware City. This shared the same fate. Mr. WISE now moved to strike out the enacting clause of the bill. Mr. SUTHERLAND demanded the previous question; but, on being assured the debate should not be renewed, he consented to withdraw the motion. Mr. WISE then renewed his motion to lay the bill upon the table; on which motion he demanded the yeas and nays. They were ordered by the House; and, being taken, stood: Yeas 66, nays 109. Mr. SUTHERLAND, dreading debate, renewed his On motion of Mr. ARCHER, the House resolved itself demand of the previous question; but, being again quiet-into a Committee of the Whole on the state of the Union, ed, consented again to withdraw it. The bill was then ordered to its third reading. The CHAIR inquired "When shall the bill be read a third time?" The House resounded with cries of “Now!" "Now!" Mr. WARD in the chair, for the purpose of considering the bill from the Senate granting pensions to certain French seamen who were wounded, and to the families of those who were killed, in consequence of the accidental firing into the French ship Suffren, by the American frig Mr. PARKER moved a call of the House; but it was ate United States. refused. Mr. HAWES moved that the House adjourn; but the motion was negatived: Ayes 50. Mr. ARCHER moved an amendment thereto, to strike out all after the enacting clause, and insert, viz: That the President of the United States be, and he The bill was thereupon read a third time; and the ques-hereby is, authorized and empowered to make suitable tion being "Shall this bill pass?" provision for the families of the French seamen unhappily killed in the harbor of Toulon, on occasion of firing athe lute from on board the frigate United States, and for wounded survivors; the same to be paid out of any money in the treasury not otherwise appropriated." The amendment was considered and agreed to. After an ineffectual attempt by Mr. SELDEN to induce the committee to consider another bill, The committee rose and reported the bill, as amended, to the House; which was then concurred in, and the bill ordered to be engrossed for its third reading. Mr. POLK called for the orders of the day. [H. OF R. up; stating, at the same time, in order to show that he did not desire the fortification bill should lose its precedence in the order of business, that if no other member should, he would himself move to reconsider the vote by which it should be postponed. Mr. J. Q. ADAMS said, if the honorable member from Tennessee was sincere, which it was not his intention to question, when he called on all parties to give their aid to him in maturing the bill to perfection, he must say the conclusion to which he had come was irresistible, that there was not, at this late period of the session, time to act upon the bill. So far from its being possible, as that honorable member had intimated, to complete the bill in The fortification bill being the unfinished business-four or five hours, the discussion, the necessary discusMr. POLK moved that its consideration should be post-sion upon it, would not terminate in so many days. poned until five o'clock, with a view to proceed to the immediate consideration of the bill to regulate the deposites. FORTIFICATION BILL. Mr. MERCER said he would object to any postpone ment. After a struggle to settle the order in which the business should be taken upThe SPEAKER stated that the bill making appropriations for the several fortifications was the special order. The question pending thereon being a motion to strike out the enacting clause, If, however, it shall be deemed advisable, by the honorable member, to prevent discussion, and that, to effect this, the screws, the previous question, is intended to be Mr. MERCER said, if the honorable member was wil- applied, why, then, less than four or five hours will unling to prolong the session, he would be willing to go on doubtedly suffice; half an hour, and at the close of the with the bill he proposed, that it might be debated, as its session, will be sufficient. He hoped, however, that the importance made it necessary it should be, fully. honorable member would evince his sincerity in calling Mr. POLK said that he would modify his motion by for aid from all parts of the House, and postpone it until proposing that the fortification bill should be postponed the bills which it was indispensable to pass should be until to-morrow. acted upon. Situated as the House was with regard to other business, and the time they had fixed upon to adjourn, it was hardly possible to suppose that the bill could be disposed of in the limited period now allotted for business. Were there not, he asked, various amendments, and of various descriptions, necessary to be discussed and passed upon by the House? Amongst others, was there not the very important one which the honorable member from Rhode Island had proposed? one to provide that, Mr. E. EVERETT said he presumed that it would be as the State banks were to have the custody of the public in order to assign his reasons why he could not vote for money, for the use and keeping of which the Bank of the motion to postpone the bill that was first in order to the United States had paid a large bonus, these banks, be taken up, and which he deemed of importance to pro- to whom it had been transferred, and those to whom it ceed with; he would therefore state that he had conversed might be hereafter committed from that institution, should with various members of the House on the subject, and pay the same or some other fair remuneration for the use there was not one of them who expressed an opinion that, of this money, as should be deemed a fair equivalent on by any possibility, this deposite bill could become a law their part for it. This was, in his view, so important a this session. Every one knew and acknowledged its proposition, that it alone would consume one day at least; importance, and that it was one the details of which must for, he could not suppose there was one member in the necessarily occupy much time. House prepared to give up to these State banks the benefit accruing from the use of the public funds, without providing that they should make some remuneration therefor to the Government. Why, then, he asked, should they postpone all other business for that which, it was so generally admitted, the lateness of the session would prevent from being acted upon? If it was now taken up, he believed that the only result of doing so would be to the prejudice of other bills. This he did not mean in reference to the fortification bill solely, but to others of vast importance to the country. His opposition to the motion to postpone that bill was not, he desired to say, to restrain discussion on the great question, but it was because he believed that it was altogether too late in the session to hope that any good could result from taking it up, whilst it would be a great injustice, under such circumstances, to do so, instead of proceeding with the other numerous bills, public and private, which yet remained to be acted upon. Mr. CLAY rose to a point of order. He must object to the honorable member from Massachusetts discussing the merits of the bank question on a motion to postpone. Mr. J. Q. ADAMS would remind the member from Alabama that he was not discussing the merits of that question; he was simply stating circumstances, which would convince the House, as he was convinced himself, that, if the deposite bill was entered into, as proposed by the honorable chairman of the Committee of Ways and Means, the discussion upon it must necessarily occupy the remaining time of the session, to the prejudice of other business that it was indispensable for the House to Mr. POLK said he had no desire to postpone, to any act upon. The consequence, therefore, of taking it up unreasonable time, the fortification bill, the importance must be, either that these important subjects should be of which he was ready to concede; but he had no idea postponed, or the House should come to a determination, that, as the principles of the deposite bill had been in part which he did not desire them to do, if it could be avoidsettled on the great questions so recently and fully dis-ed, viz: to rescind their vote to adjourn on the 30th, and cussed by the House, and as the bill had been partly gone to which he should, under no circumstances, give his through, there would be much time necessary now assent, and prolong the session. He considered the in discussing its details. He was in hopes that a very fortification bill as one of those upon which it was imfew hours would enable the House to complete it; and portant, indispensable, to act, and he hoped its considerathus it might be sent to the other branch of the Legislation would not be postponed. ture for their early action upon it. For these reasons, he Mr. ELLSWORTH said that, as he understood the considered it highly important now to be acted upon by honorable member on a former occasion, his argument the House, and must persist in his motion to postpone the then was, that the President had ample power already bill which was the special order, with a view to take it over the deposites. This bill, now proposed, to regulate VOL. X.--295 H. OF R.] Fortification Bill. [JUNE 24, 1834. them, &c., was therefore only a matter of discretion for now, when an effort is made by the chairman of the the House to take up. But, according to the member's Committee of Ways and Means to press the bill to a deown views, where, he inquired, was the importance, or cision, we are told it is perfectly idle to make any effort what necessity could there be, for taking it up; and par- to pass the bill; that it is vain to expect that it can pass; ticularly, when, by doing so, the certain effect to be appre-and therefore we are urged to lay it by, and take up the hended must be the loss of the bill making appropriations fortification bill, which is said to be indispensable. Why, for fortifications? To that it would come. He might, how-sir, have we a large maritime and hostile force on our ever, be permitted to state that, although this deposite bill borders? Are we in danger of immediate invasion from should be taken up, even if it went through the House, most a foreign foe? Is the emergency so imminent that we certainly it would be lost elsewhere. He would ask the must take up this fortification bill without a moment's honorable member, himself, to state whether he really delay, at the hazard of leaving the public money in a expected, if it was taken up in the House, that it could be- condition where it is alleged, by those who urge us to come a law this session. That honorable member would this course, to be uncontrolled, in the unregulated dis not say that he believed it would; and had distinctly in-cretion of the President, who is charged with using it, timated that it was unnecessary to legislate on the subject and claiming the right to use it, for his own purposes? If at all, when he said that the President had full power to gentlemen be serious in these opinions, I should have place the public moneys where he pleased, and to regulate thought they would have seized the opportunity gladly of the terms with those in whose custody he would place devising some practical and practicable scheme for the them; he brought forward the bill now, he acknowledged, purpose of placing the public money in some safe and only in deference to the wishes and feelings of the House, careful custodium, to do something for the purpose of be himself having argued that there was no actual neces- resuming and manifesting the legislative authority over sity for it. Was it sincerely desired to have the bill taken up the public revenues. But, no; we are told it is a vain at all for that purpose? If such was the sincere design of effort; that every man knows that no law for the purpose the honorable member, why had he not presented it be- can pass. fore this late period of the session? Why was it, that up How do we know this? I suppose there is not a man to the very last week he had abstained from introducing a here who does not believe that some law, for defining measure, the necessity of which, however, was doubted by more precisely the extent of the executive control over that honorable member? No one else, he believed, would the place of keeping the public money, and for limiting be found to do so, or to deny that it was of paramount im- the discretion which is now supposed to belong to that portance, going at it did to settle by law principles for the department on that subject, will pass this body. A maregulation and custody of the public treasure, which was jority here, is, I presume, unquestionably favorable to not the question of a day, but was one for all time to some such action. Those who do not believe that the action of the Executive in relation to the deposites was Mr. CAMBRELENG here interposed for the purpose, unlawful; who do not believe that the public money has he said, of reminding the honorable member from Con- been seized and is held against the law, or without law; necticut that if so much time was taken to decide upon who are charged with being disposed to sustain the Execthe order of business, there was little likely to be accom-utive in an unlawful and unconstitutional possession and plished. use of the public money, are those who are anxious to come. Mr. ELLSWORTH remarked that his apology for com- place the public money under the dominion of more prebating the propositions as he had done would be found cise and indisputable legal control, and to satisfy every in the mere fact that it was contemplated to postpone one body, even the most jealous, that the public money is not bill, which was of admitted importance, for the sake of left subject to executive discretion. taking up another which, it was equally admitted, would But we are told no such bill can pass the Senate. Who be a nullity, inasmuch as there was no one who believed is authorized to say so? And if one was so authorized, that it could be brought to a successful termination this are we to be restrained from doing what is right, in our session. The attempt to bring up the subject now was, opinion, by being told that that the Senate will not concur therefore, vain and nugatory, and if seriously desired by with us? Certainly not. the honorable member, ought, as the subject was in his charge, to have been made at an earlier period. Mr. PATTON rose and said he could not refrain from expressing his surprise at the movements made for the purpose of preventing action on the bill for regulating the deposite of public money, and especially at the quarter from which these movements proceeded. I should hope that the Senate will not hesitate to act on the bill, if it should pass here. I do not see well how that body can fail to make some provision on the subject, consistently with the opinion entertained by a majority of that body-that the public money is now held by the President, without the dominion and against the authority of law. They think the best course is to restore the For the last two or three months, daily, the House of deposites to the Bank of the United States. But it Representatives have been taunted, here in the Capitol, is now certainly and definitely determined that cannot and elsewhere, from one end of the country to the other, and will not be done. This House has, on two occawith a want of sincerity in the efforts they proposed to sions, and on the last occasion by an increased majority, make, for providing more definite and satisfactory regula- decided against this. How, then, can the Senate hesitate tions concerning the custody and safe keeping of the to put the public money under the express regulation public money, than the existing laws furnish. This body of law, instead of leaving it, as they now allege it to be has been charged with standing here, and giving their held, without the authority of law? I do not entertain that sanction to a wanton seizure and unlawful custody of the opinion, but still I am willing and anxious to amend the public money by the Executive, and that they intended existing law; to limit the executive discretion, and to define to leave the public money in this unlawful and unconsti- his authority with more precision; and I should suppose tutional condition, without any serious effort to place it those who entertained a different opinion would have under the regulation of law. We have been perpetually been still more anxious to pass some law on the subject. asked, Why do you not act on your bill? Why not do Why, then, shall we longer postpone this matter? something to divest the Executive of his uncontrolled us take up the bill, and, if we can agree upon the details, possession of the public money, &c. &c. And now, at pass the bill. Let us at least show that we have no dis the first moment at which, as is perfectly known, that position to leave the executive discretion unshackled the bill could come up by the rules of the House, and and his will unrestrained. Let us do our duty; let u without passing by the indispensable appropriation bills, Jendeavor to comply with the behests of public opinion Let |
