34 B4 SPEECH OF MR BENTON, OF MISSOURI, THE SENATE OF THE UNITED STATES, FEBRUARY 27, 1835, [IS RESOLUTION TO EXPUNGE FROM THE SENATE JOURNAL THE RESOLUTION CONDEMNATORY OF THE PRESIDENT, ADOPTED BY THE SENATE, MARCH 28, 1834. I WASHINGTON: PRINTED BY BtAIR AND RIVE 8. 1835. FRED LOCKLEY RARE WESTERN BOOKS 4227 S. E. Stark St. PORTLAND, ORE. 7 ., SPEECH OF MR. BENTON, OF MISSOURI, IN SENATE OF THE UNITED STATES, FEBRUARY 27, 1835. EXPURGATION OF THE SENATE JOURNAL. The resolution offered by Mr. BENTOUT on the 18th instant was read by the Secretary: "Rtsolved, That the resolution adopted by the Senate on the 28th day of March, in the year 1834, in the following words Resolved, Tliut the Pre sident, in the lite Executive proceedings in relation to the public revenue, has assumed up xi himself au thority and power nut conferred by the Constitution and laws, but in derogation of both, be, aud the same hereby is ordered to be expunged from thr: journals of th.^ Senate; because the said resolu tion is illegal and unjust, of evil example, indefi nite and vague, expressing- a criminal charge with out specification; and was irregularly and uncon stitutionally adopted by the Senate, in subversion of the rights of defence Which belong to an ac cused and impeachable officer; and at a time, and under circumstances to endanger the political rights, aivl to injure the pecuniary interests of the people of the United States." thoroughly satisfied that that was the proper mode of proseecling in this c*se. ^or the criminating resolution which he wished to get rid of, combined all the characteristics of a case which requ red era sure, obliteration, blotting out; for it was a case, as he believed, of the exercise of power without au thority, without even jurisdiction; illegal, irregu lar and unjust. Other modes of annulling the resolution, as rescinding, reversing, repea ing, could not be proper in such a case; for they would imply a rightful jurisdiction, a liwful authority, a legal action, though an erroneous judgment. All that he denied. He denied the authority of the Senate to pass such a resolution at all; and he af firmed that it was unjust, and contrary to the truth, as well as contrary to law. This being his view of the resolution, he held that the true and proper course, the parliamentary course of proceeding in such a case, was to expunge it. But, said Mr. B. it is objected that the Senate Mr.BENTONthenrose,andaddressedtheSei,ate| has no right to expunge any thing from its Journal; in support of his motion. He said, tiiat the reso- that it is required by the constitution to keep a lution which be had offered, though resolved up- Journal; and being so required, could not destroy on, as he had heretofore slated, without consults- j any part of it. This, said Mr. B , is slicking in tion with any person, was not resolved upon with- the baric, and in the thinnest bark in which a shot, out great deliberation in his own mimi. Trej even the smallest, was ever lodged. Various are crimmatkig resolution, which it was his object to expunge, was presented to the Senate, December 26th, 1833. The Senator from Kentucky who tory of what y ou do. For the Senate to keep a introduc; d it (Mr. Clay) commenced a discussion Journal, is to cause to of it on that day, which was continued through the months of January and February, and to the end, nearly, of the month of March. The vote was taken upon the 28th of March; and about a fort night thereafter he announced to the Senate, his intention to commence a series of motions for ex punging the resolution from the Journal. Here then was nearly four months for consideration; for the decision was expected; and he had very anx iously considered, during that period, all the diffi culties, and all the proprieties, of the st-.>p M hich he meditated. Was the intended motion to clear the Journal of the resolution, right in itself? The convictions of his judgment told him that it was Was expurgation the proper mode? Yes! he was the meanings of th? word keep, used as a verb. To keep a journal is to write down, daily, the his- o. For the Senate to keep a to be written down, everyday, the account of its proceedings; and having done that, the constitutional injunction is satisfied- The constitution was satisfied by entering this criminat ing- resolution on the Journal; it will be equally sa- tified by entering the expunging resolution on the S ame Journal. In each case the Senate keeps a Journal of its proceeding s. It is objected also that we have no right to de stroy a part of the Journal; and that to expunge is t9 destroy, and to prevent the expunged part from beintr known in future. Not so the fact, said Mr. B. The matter expunged is not destroyed. It is incorporated in the expunging resolution; and lives as long as that lives; the only effect of the expur gation being to express, in the most emphatic M34748 manner, the opinion that such matter ought never to \f.-ve } been put in th.e. Journal. Mr-B.] said he tytfuBi jsujpport these positions by Witliorfty,* the aiitliorft/oreifcJnejit examples; and \v(". .iH .c. .te . -tye- .cnrea, out ^pf a .multitude that n, J*e^f f^1, Jo; sbmvyth .t expunging- was the proper c HIIVC, the parliamentary course, in such M cast; as the one now before the Senate, and that I)K- expunged matter was incorporated and presf-ived in the expunging 1 resolution. Mr. 15. then re.-d from a volume of British Par- li inen .ary history, he celebrated case of the Mi- dlesex election, in which the resolution to expel the famous John "W i Ikes was expunged from the Jour nal, but preserved m the expurgatory resolution, so as lobe just as well read nowas.if it hid never been blotted out fn>m the Journals of the British House of Commons. The resolution ran in these words: 4i That the resolution of the House of the 17th of February, 1769, that John Wilkes, Esq. having been, in this session of parliament, expel led this^House, was and is incapable of being elect ed a member to serve in the present Parliament, br expunged from the Journals of this House, as being subversive of the rights of the whole body of electors of this Kingdom." Such, said Mr. B., were the terms of the expunging resolu ion in the rase of the Middlesex election, as it was an nually introduced from 1769 to 1782, when it was finally passed, by a vote of near three to one, and the clause ordered to be expunged, was blotted out of the Journal, and obliterated by the clerk at the table, in the presence of the whole House, which remained silent, and all business suspended until the obliteration was complete. Yet, the his tory of the case is not lost. Though blotted out of one part of the Journal, it is saved in another; and here, at the distance of half a century, and some thousand miles from London, the whole case is read as fully as if no such operation had ever been performed upon it. Having given a precedent from British Parlia mentary history, Mr. B. would give another from American history; not indeed from the Congress of the assembled States, but from one of the old est and most lespectable States of the Union: he spoke of Massachusetts, and of the resolution adopted in the Senate of that State during the late war, adverse to the celebration of our national victories?, and which, some ten years afterwards, was expunged from the journals by a solemn vote of the Senate. He read the case as follows: " ERASURE OF THE JOURNAL "The resolution offered by the Hon. Mr. Sprague, the 17th instant, in the words following: " Whereas a certain resolve passed the Senate of this Commonwealth on the 15th day of June, A. D. 1813, relating to the capture of his Britan nic Majesty s ship Peacock by the United States ship Hornet, commanded by the late brave and patriotic Capt. James Lawrence, in the words fol lowing, viz. * Resolved, As the sense of the Senate ol Massachusetts, that in a war like the present, waged without justifiable cause, and prosecutec in a manner which indicates that conquest anc ambition are its real motives, it is not becoming a moral and religious People to express any appro nation of military or naval exploits winch are not mmediately connected with the defence of our seacoast and soil. And whereas said resolution, adopted at a time of extraordinary political excitement, is predicat ed upon an erroiv- ous estimate of the nature and character of the late war between the United States nnd Great Britain; and wheieasit involves and asserts principles, unsound in policy and dan gerous and alarming in tendency wherefore, that it may not hereafter be considered as expressing the deliberate sense of the Senate and People of this Commonwealth, at this time of uncommon po litical tranquil ity, " Revived, That the aforesaid resolve of the fifteenth day of June, A. D. 1813, and the pream ble thereof, be, and the same are hereby, expung ed fmm the journals of the Senate. "Yeas 22, nays 15." Having produced these two precedents, Mr. B. said he would produce no more, though he had seen two instances of expunging matter from the journals, in State Legislatures, during the present winter, and in fact within a month past. He be lieved he could show great numbers of such pre cedents, and that in States whose constitutions contained the same injunction with respect to keeping a journal which was found in the consti tution of the United States. Mr. B. then referred ,o the terms of the resolution which he had sub mitted, and showed that it conformed to the pre cedents which he had produced from Massachu setts and Great Britain, both in using the word ex punge, and in setting forth the clause to be ex punged in the body of the expurgatory resolution. Mr. B. then said, the word which he had used was parliamentary; the motion which he had made was parliamentary. He had a right to use the word, and to make them otion, and to argu- freely in support of it; and he had been astonish ed at the sensibility which had been shown, and the small-sized objections which had been taken to the course which he had adopted; objections of a kind which had never been heard of before on a similar motion. Mr. B. said there was another objection to his motion which he would notice, because it went to the substance of his proceeding; it was the objec tion brought forward some weeks ago at the pre sentation of the Alabama instructions to her Sena tors on the subject of this motion, and which took it up as a question of dignity to the Senate! It seemed to be considered as an attack upon the dignity of the Senate! Not so the fact. The mo tion is not intended to degrade the Senate? not intended to impair its dignity; nor will such be the effect; but the contrary. True dignity is best consulted in correcting errors, and in listening calmly to the voice which undertakes to show the existence of errors which require correction. True dignity requires this Senate to listen to this motion with calmness and patience, as the British House of Commons listened to the motions to ex punge the famous Middlesex resolutions from their journals, and as the Massachusetts Senate listened to the motion to expunge from their jour nals the resolution adopted in a season of great excitement, and wkich a season of calmness made all feel ought never to have been put there. This is what true dignity required from the Senate, and he trusted it WHS what the Senate would he found to exhibit. A year ago, said Mr. 13. the Senate tried Pre sident Jackson; now the Senate itself is on trial; nominally before itself; but in reality before Ame rica, Europe, and posterity. We shail give our voices in our own case; we shall vote for or against this motion, and the entry upon the record will be according to the majority of voices. But that is not the end, but the beginning of our trial We shall be judged by others, by the public, by the prc sent ag-e, and by all posterity! The pro ceedings of this case, and of this day, will not be limited to the present age; they will go down to posterity, and to the latest ages. President Jack son is not a character to be forgotten in history. His name is not to be confined to the dry catalogue, and official nomenclature, of mere American Pre sidents. Like the great Romans who attained the consulship, not fey the paltry aits of elec tioneering, but through a series of illustrious deeds, his name will live, not for the offices he filled, but for the deeds which he performed. He is the first President that has ever received the condem- i nation of the Sen-.te for the violation of the law;) and he uses the remarkable expression which ac- and the constitution, the first whose name is) knowledges the duty of Parliament to obey the borne upon the journals of the American Senate! will of the People. " They had declared their sen- for the violation of that constitution which he is sworn to observe, and of those laws which he is bound to see faithfully executed. Such a con- in a more clear and distinct manner than on this point of the first magnitude for all the electors of the kingdom, and I trust will now be heard favora bly." He then read from Mr. Fox s speech. Mr. Fox had heretofore opposed the expunging reso lution, but now \ ielded to it in obedience to the voice of the People. " He (Mr. Fox) had turned the question often in his min;!, and he was still of opinion that the resolution which gentlemen wanted to expunge, was founded on proper principles." * * * * " Though he opposed the motion, he felt very little anxiety for the event of the question; for when he found the voice of the People was against the privilege, a-; he be lieved was the case at present, he would not pre " The had declared their serve the privilege." People hut associated; they sentiments to Parliament, and had taught -^Parlia ment to listen to the voice of their constituents." Having read these passages, Mr. B. said they were the sentiments of an Knglish whig of the old school. Mr- Fox was a whig of the old school. He acknowledged ihe right of the People to in struct the : r representatives. He yielded to the gene ral voice himself, though not specially instructed; timents to Parliament, and had taught Parliament to listen to the voice of their constituents" This, said Mr. B., was fifty years ago; it was spoken by a demnation cannot escape the observation of histo- ! member of Parliament, who, besides being the ry. It will be read, considered, judged! when first debater of his age, was at that time Secretary the men of this day, and the passions of this hour, shall have passed to eternal repose. at War. H3 acknowledged the duty of Parlia ment to obey the voice of the People. The son Before he proceeded to the exposition of the of a peer of the realm, and only not a peer himself case which he intended to make, he wished to because he was not the eldest son, he still ac- avail himself of an argument which had been con-| knowledged the great democratic principle which elusive elsewhere, and which he trusted could not I lies at the bottom of all representative govern- be without effect in this Senate. It was the ar-|ment. After this, after such an example, will gument of public opinion. In the case of the American Senators be unwilling to obey the Peo- Middlesex election, it had been decisive with the | pie? Will they require the People to teach Con- British House of Commons; in the Massachu-i gress the lesson which Mr. Fox s^ys the English setts case, it had been decisive with the people had taught their Parliament fifty years ago? Senate of that State. In both these cases many (The voice of the People of the United States had gentlemen yielded their private opinions to public i been heard on this subject. The elections de- sentiment; and public sentiment having been I dared it. The vote <f imny Legislatures de- well pronounced in the case now before the Se nate, he had a right to look for the same deferen tial respect for it here which had been shown else where. Mr. B. then took up a volume of British Parlia mentary History for the year 1782, the 22d vol ume, and read various passages from pages 1407, 8, 10, 11, to show the stress which had been laid on the argument of public opinion in favor of expunging the Middlesex resolutions, and the de ference which was paid to it by the House, and by members who had, until then opposed tke mo tion to expunge. He read first from Mr. Wilkes s opening speech, on renewing 1 h<s annual motion for the fourteenth time, as follows: "If the People of England, sir, have at any time explicitly and fully declared an opinion re- claredit. From the confine.- fuie Kepublir. t ie voice of the People came rolling in, as.vellmg tide, rising as it flowed, and covering the Capitol with its mountain waves. Cn that voice be disre garded? Will members of a republican Congress be less obedient to the voice cf the People than were the representativs of a monarchical House of Commons Mr. B. then proceeded to the argument of his motion. He moved to expunge the resolution >{ March 2Sth, 1834, from thejourna s of the Senate, because ft was illegal and unjust vague and in definite, A crinvnal cha:-ge without specification unwarranted by the constitution and laws sub versive nf the rig hts of defence which belong to an accused and impeachable officer of evil exam ple and adopted at a time and under circurostan- specting a momentous constitutional question, it; ces to involve the political rights and the pecunia- has been in regard to the Middlesex election injry interests of the People of the United States in 1768." * * * ** Their roice was never heard peculiar da nerer an-i serious injury. These reasons for expunging the criminating resolution from the journals, Mr. B. said, were not phrases collected and parade d for effect, or strung togc- h r for harmony of sound. They were each ilely and indiv dually, substantive reasons; every word an allegation of fact, or of law. With out going ful y into the argument now, he would make an exposition which would lay open his meaning, and enable each allegation, whether of law or of fact, to be: fully understood, and replied to in the sense intended. 1. Illegul and unjust. These were the first heads under which Mr. B. would develope his ob jections, he would say, the outline of his objec- tioi - to the resolution proposed to be expunged. He held it to be illegal, because it contained a crirr inal charge, on which the President might be imp*, ached, and for which he might be tried by the Senate. The resolution adopted by the Senate is precisely the first step taken in the House of Representatives to bring on an impeachment. It was a resolution offered by a member in his place, containing a criminal charge aguinst an impeacha ble officer, debated for a hundred days, and then voted upon by the Sc-nate, and the officer voted to be guilty. This is the precise mode of bringing on an impeachment in the House of Representa tives; and to prove it, Mr. B. would read from a work of approve authority on parliamentary prac tice; it was from Jefferson s Manual. Mr. B. then read from the Manual under the section entitled Impeachment, and from that head of the section ent tied Accusation. The writer was giving the British parliamentary practice, to which our own constitution is conformable. "The Commons, as the grand inquest of the nation, becme suitors for penal justice. The general course is to pass a resolution containing a criminal charge against the supposed delinquent, and then to direct some member to impeach him by oral accusation at the bar of the House of Lords, in the name of the Commons. " Repeating a clause of what he had read, Mr. B. said, the general course is to pass a criminal charge against the supposed delinquent. This is exactly what the Senate did; and what did it do next? Nothing. And why nothing? Because there was nothing to be done by them, but to execute the sentence they had passed; and that they could not do. Penal justice was the sequence of the reso lution? and a judgment of penalties could not be attempted on such an irregular proceeding. The only kind of penal justice which the Senate could inflict wasthut of public opinion; it was to ostracise the President, and to expose him to public odium, as a violater of the laws and constitution of his country. Having shewn the resolution to be ille gal, Mr. B. would pronounce it to be unjust; for he affirmed the resolution to be untrue; he maintain ed that the President had violated no law, no part of the constitution, in dismissing Mr. Duane from the Treasury, appointing Mr. Taney, or causing the deposites to be removed; fer these were ihe specifications contained in the original resolution, also in the second modification of ihe resolution and intended in the third modification when strip ped of specifications, and reduced to a vague and general charge, it was in this shape of a general charge that the resolution passed. No new speci fications were even suggested in debate. The alterations were made voluntarily, by the friends of the resolution, at the Last moment of the debate, and just when th vote was to be taken. And why were the specifications then dropped? Because no majority couid be found to agree in them? or because it was thought prudent to drop the name of the Bank of the United States. or for both these reasons together ? Be that as it may, suid Mr. B.the condemnation of the President, and the support of the Bank, were connected in the reso lution, and will be indi^solubly connected in the public mind; and the President was unjustly con demned in the same resolution that bef. iended and sustained the cause of the Bank. He held the condemnation to be untrue in point of fact, and therefore unjust; for he maintained that there was no breach of the laws and constitution in any thing that President Jackson did in removing Mr. Duane, or in appointing Mr. Taney, or in causing the de posites to be removed. There was no violation ef law, or constitution, in any part of these proceed ing?; on the contrary the whole country, and the Government itself, was redeemed from the domin ion of a great and daring moneyed corporation, by the wisdom and energy of these very proceed ings. 2. Vague and indefinite; a criminal charge with out specification. Such was the resolution, Mr. B. said, when it passed the Senate; but such it was not when first introduced, nor even when first altered; in its first and second forms it contained specifications, and these specifications identified the condemnation of the President with the de fence of the Bank; in its third form these specifi cations were omitted, and no others were substi tuted; the Bank and the resolution stood discon nected on the record, but as much connected in fact as ever. The resolution was reduced to its vague and indefinite form on purpose, and in that circumstance acquired a new character of injustice to President Jackson. His accusers should have specified the lw, and the clause in the constitu tion which was violated; they should have speci fied the acts wh;ch constituted the violation. This was due to the accused that he might know on what points to defend himself; it was due to the public, that they might know on what points to hold the accusers to their responsi bility, and to make them accountable for an unjust accusation. To sustain this position Mr. B. had recourse to history and example, and produced the case of Mr. Giles s accusation of Gen. Hamilton, then Secretary of the Treasury, in the y*ar 1793. Mr. Giles, he said, proceeded in a manly, respon sible manner. He specified the law, and the al leged violations of the law; so that the friends of Gen. Hamilton could see what to defend, and so as to make himself accountable for the accusa tion. He specified the law, which he believed to be violated, by its date, and its title; and he speci fied the two instances in which he held that Jaw to have been infringed. Mr. 15. then read Mr. Giles s resolution as follows: "Resolved, That the Secretary of the Treasury has violated the law passed the 4th oP August, 1790, making appropriation of certain moneys au- thorized to be borrowed by the same law, in the or to conciliate the vote s of all who were willing to following- particulars, to wit: j condemn the President, but could not tell " 1. By applying a certain portion of the prin- j what, it was not for him to say; but one thing- he cipal borrowed to the payment of interest fulling would venture to say. that the majority who agreed due upon that principal, which was not authorized j in passing a general resolution, containing a crim- by that, or any other law. "2. By drawing part of the same moneys into the United Slates, without the instructions of the Pr< s dentof the United States." Mr, B. s\id he had a double object in quoting th s resolution of Mr. Giles which was intended to lay the foundation for an impeachment against General Hamilton; it was to show, first, the spec inal charge against President Jackson, for violat ing the laws and the constitution, cannot now agree in naming the law, or the clause in the constitution violated, or in specifying any act constituting such violation. And here Mr. B. paused, and offered to give way to the gentlemen of the opposition, if they would now undertake to specify any act which President Jackson had done in violation of ality with which these criminating resolutions j law or constitution. should be drawn; next, to show the absence of any 3. Unwarranted by the constitution and laws. allegation of corrupt or wicked intention. The Mr. B. said this head explained itself. It needed meie violation of law was charged as the offence, as it was in three of the articles of the impeachment against Judgo Ciiase; and thus the absence of an allegation of corrupt intention in the resolution no developementto be understood by the Senate or the country. The President was condemned, without the form of a trial; and therefore his conn demoation was unwarranted by the constitution adopted Against President Jackson, was no argru- 1 and laws. ment against its impeachment character, especially j 4. Subversive of the rights of defence which belong to an accused, and impeuchable officer.- as exhibited in its first and second form with the criminal averment, " dangerous to the liberties of the pe< pie." For the purpose of exposing the studied v;igue ness of the resolution as passed, detecting its con nexion with the Bank of the United States, de This head, also, Mr. B. said explained itself. An accused person had a right to be heard before he was condemned; an impeachable officer could not be condemned unheard by the Senate without subverting all the rights of defence which belong monstrating its criminal character in twice retain- to him, and disqualifying the Senate to act as im- ing the criminal averment, " dangerous to the liber- \ partial judges in the event of his being regularly ties of the PeopL;" and showing the progressive impeached for the same offence. In this case, the changes it had to undergo before it could concili- House of Representatives, if they confided in the ate a majority of the votes, Mr. B. would exhibit Senate s condemnation, would send up an impeach- all three of the resolutions, and read them side ment; that they hud not done so, was proof that by side of each other, as they appeared before the they hud no confidence i -\ the correctness of our Senate in the first, second, and third forms which decision. they were made to wear. They appeared first in 5. Of evil example. Nothing said Mr. B. could thtir embryo, or primordial form; then they as- be more unjust and illegal in itself, and therefore sumed their aurelia, or chrysalis state; in the third more evil in example, than to try people without a stage, they reached the ultimate perfection of their hearing, and condemn them without defence. In this case such a trial and such a condemnation was aggravated by the refusal of the Senate, after their sentence was pronounced, to receive the defence of the President, and let it be printed for the in spection of posterity! So that, if this criminating resolution is not expunged, the singular spectacle will go down to posterity, of a co;id mnation, and A refusal to permit an answer from the condemned person, standing recorded on the pages of the same journal! Mr. B. said, the Senate must look forward to the time, far ahead perhaps, but a time which may come, when this body may be filled with disappoint d competitors, or personal enemies of the President, or of aspi rants to the very office which h. holds, and who m^y not scruple to undertake to cripple him by Senatorial condemnations; to atta iV. him by con- viction-; to ostracise him by vote; and lest this should happen, and the present condemnation of President .Jackson should become the -precedent for such an odious proceeding, the evil example should be arrested, should be removed, by ex punging the present senior! :e from the Journals of the Senate. And here M . B. would avail hin self of a voice which had often been he^rd in the two Houses of Con^res, and always with re- It was the voice of a wise a goad man, a patriot; one imperfect nature. First Form. Second Form. TJiird Form. 26tft Dec., 1833 March 2S*A, 1 834. March 28th, 1834- " Resolved, That by " Resolved, That " Resolved, That dismissing the late in taking upon him the President, in the Secretary of the self the responsibili ate Executive i>ro- Trcnsury, because he ty of removing thejceedinps in relation would not, contrary deposite of the pub to the public reven to his sense of his lic money from the ue, has assumed up own duty, remove Bank of the United on himself authori the money of the U. States, the ^resident ty and power not States, in deposit*- >f tho United States conferred by the with the . a:ik of the has assumed the ex constitution nml United States and iis ercise of a power laws, but in dero brancli -s, in confor nver the Treasury gation of both." mity with the Prcsi of the United State. 1 - dent s opinion, and not granted to him by appointing hissuc- ly the constitution cefisor to niiike *ueh and laws, and livn removal, which lias geroos to the liber been done, the Pre ties of he people. sident hqs assumed | | the exercise of a> power over the Trea sury of the United States, not granted to him by the consti tution and laws, and dangeroi 1 -* to the lib erties of the people." Having exhibited the original resolution, with its variations. Mr. B. would leave it to others to explain the reasons of such extraordinary meta- morphosts. Whether to get rid of the Bank as- spect and venerat : on sociation, or to get ri:l of the impeachment clause, man, :m limes , man, 8 who knew no cause but the cause of his country; and who, a quarter of a century ago, foresaw, and described the scenes of this day, and foretold the consequences which must have happened to any other President under the circumstances in which President Jackson has been placed. He spoke of NATHANIEL MAC ON, of North Carolina; and of the sentiments which he expressed in the year 1810, when called upon to give a vote in approba tion of Mr. Madison s conduct in dismissing Mr. Jackson, the then British minister to the United States. He opposed the resolution of approba tion, because the House had nothing to do with the President in their legislative character except the passing of laws, calling for information, or im peaching; and looking into the evil consequences of undertaking to judge the President s conduct, he foretold the exact predicament in which the Senate is now involved with respect to President Jackson. Mr. B. then read extracts from the speech of Mr. Macon on the occasion referred to: " I am opposed to the resolution, not for the reasons which have been offered against it, nor for any which can be drawn from the documents be fore us, but because I am opposed to addressing the Presidi nt of the United States upon any sub ject whatever. We have nothing to do with him in our I g illative character, except the passing of laws, calling on him for information, or to im peach. On the day of the Presidential election, we, in common with our fellow citizens, are to pass on his canduct; and resolutions of this sort will have no weight on that day. It is on this ground solely that I am opposed to adopting any resolution whatever in relation to the Executive conduct. If the National Legislature can pass resolutions to approve the conduct of the Presi dent, may they not, also, pass resolutions to cen sure; and what would be the situation of the coun try, if we were now discussing a motion to request the President to recall Mr. Jackson, and again to endeavor to negotiate with him." " To me it appears, on a fair examination of his letters, that he was properly dismissed. Hut to the resolution: it will not be denied that either House might pass an approbatory resolution, without ask ing the concurrence of the other. Then, what would be the situation of the Gove nment or the country, if one br.mch of the Legislature was of a different party from the Executive, and the branch agreeing uithihe President should pass an ap probatory resolution; might we not, from our knowledge of the intolerant spirit of par ty, * xpect the other branch to pass one to cen sure. But suppo-ing both branches opposed to the Executive, and they pass joint resolutions against him, what, thi-n, becomes of the Executive) 1 Strong as it is, with all its patronage it must fill. No Executive could maintain itself in this situa tion. This state of things would agitate every part of the nation, and shake the Union itself; and thi.* Government is s organized that it is not impossible that all this may happen. This House is elected for two years, the Senate for six, and the President for four. If it ever should happen, I fear you would not only have no President, but no Federal Government. This would be a very different case from that which took place when Congress repealed a law, because it was opposed by part of the nation. That opposition was used as an argument to shake the firmness of the Na tional Legislature, and it succeeded. I have, since I had a seat in the House, heard a great deal about foreign influence; I have never believed much in it; but if events like these I have mention ed should ever take place, you may look for for eign influence." 6. At a time, and under circumstances, to in volve the political rights and pecuniary interests of the people of the United States in serious injury and peculiar danger. This head of his argument, Mr. B. said, would require a development and de tail which he had not deemed it necessary at this time, considering what had been said by him at the last session, and what would now be said by others, to give to the other reasons which he had so briefly touehed. But at this point he apnroach- ed new ground; h* entered a new field; he saw an extended horizon of argument and fact expand before him! and it became necessary for him to expand with his subject. The condemnation of the Presi lent is indissolubly connected with the cause of the Bank! The first form of the resolu tion exhibited the connexion; the second form did also; every speech did the same; for every speech in condemnation of the President was in justification of the Bank; every speech in justifi cation of the President was in condemnation of the Bank; and thus the two objects were identical and reciprocal. The attack of one was a defence of the other; the defence of one was the attack j of the other. And thus it continued for the long protracted period of nearly one hundred days, from December 26th, 1833, to March 28th, 1834; when, for reasons not explained to the Senate, upon a private consultation among the friends of the resolution, the mover of it came forward to the Secretary s table, and voluntarily made the alterations which cut the connexion between the Bank and the resolution! but it stood upon the j record, by striking out every thing relative to the i dismissal of Mr. Duane, the appointment of Mr- Taney, and the removal of the deposites. But the alteration was made in the record only. The con- | nexion still subsisted in fact; now lives in memo- ry, and shall live in history. Ye*, sir, said Mr. B. 1 addressing himself to the President of the Senate; ; yes, sir, the condemnation of the President was in dissolubly connected with the cause of the Bank; I with the removal of the deposites, the renewal of ! the charter, the restoration of the deposites, the I vindication of Mr. Duane, the rejection of Mr. Taney, the fate of elections, the overthrow of the Jackson administration, th^ fall of prices, the dis tress meetings, the distress memorials, the distress commit ees, the distress speeches; and all the long list of hapless measures which .Astonished, terri fied, afflicted, and deeply injured the country du ring the long and agonized protraction of the fa- mous PANIC SESSION. All these things are connected, said Mr. B., and it became his duty to place a part of the proof which established the connexion before the Senate and the people. Mr. B. then took up the appendix to the report made by the Senate s Committee of Finance on the Bank, commonly called Mr. Tyler s Report, and read extracts from instructions sent to two- and -twenty branches of the Bank, contemporane ously with t ie progress of the debate on the crim inating resolutions; the object and effect of which, ai d their connexion with the debate in the Senate, would be quickly seen. Premising- that the Bank had despatched orders to the same branch.es in the month of August, and had curtailed $4,066,- 000, and again in the month of ( ictober to curt a 1 $5,825,000, and to increase the rates of their ex change, and had expressly stated in a circular on the 17th of that month, that this reduction would place the branches in a position of entire security, Mr. B. invoked attention to the shower of orders, and their dates, which he was about to read. He read passages from page 77 to 82, inclusive. They were all extracts of letters from the President of the Bank in person to the Presidents of the branch es; /or Mr. B. said it must be remembered, as one of the peculiar features of the Bank attack upon the country last winter, that the whole business of conducting this curtailment, and raising exchang es, and doing whatever it pleased with the com merce, currency, and business of the country, was withdrawn from the Board of Pirectors, and con fided to one of those convenient committees of which the President is ex-officio member, and creator; and which, in this case, was expressly absolved from reporting to the Board of Directors! The letters then ate all from Nicholas Diddle, President, and not from Samuel Jaudon, Cashier, and are addressed direct to the Presidents of the branch banks. Mr. B. read: January 22d, 1834 The present situation of the bank, and the new measures of hostility which are understood to be in contemplation, make it expedient to place the institution beyond the reach of all danger." It then directs that by the first cf March the discount line shall be reduced to a sum named, being the branches proportion of a curtailment of $3,220,000, to be effected in about two months, and raises exchange on New Orleans to not less than two per cent, discount, with a limitation to purchase except on New Or leans and the North Atlantic cities. This letter is directed to the Cashiers of the branches at Cin cinnati, Lexington, .Louisville, St. Louis, Nash ville, and Natchez. January 30th, 1834. " With a view to meet the coming crisis in the banking 1 concerns of the country, and especially to provide against new measures of hostility understood to be in contem plation by the Executive officers at Washington, a general reduction has been ordered at the several offices, and I have now to ask your particular at tention to accomplish it " * * * ** On the defeat of these nv asures to destroy the Bank, depends, in ovir deliberate ju Igment, not merely the pecuniary interests, but the whole free institutions of our country; and our determination is, even by a temporary sacrifice of profit, to place the Bank entirely beyond the reach of those who meditate its destruction. " The letter then directs the looal discounts to be brought down to one mil lion five hundred thousand dollars, and the rate of exchange on western offices to be raised to not less than two and a half per cent. This letter is directed to the President at Charleston, South Carolina, and to no one else. February 1, 1834. "The State of the Bank and the country, and the new measures of hos tility understood to be in contemplation by the Executive officers, make it expedient to place the institution above the reach of all contingencies; to this object every part of the establishment must co-operate; and I am accordingly direct f-d to in struct you to put the business of your office on the following footing." This letter is directed to three offices, Buffalo, Utica, and Burlington, arid directs them to keep their local discounts to a small sum, which is named, and places restrictions on the purchas^ of exchange. January 27, 1834. "The situation of the Bank and the country, and the new measures of hostility which are understood to be in contempla tion, make it proper to place the Bank entirely beyond the reach of any contingency." This letter directed to the President of the office at Baltimore, and pn scribes a reduction of dis counts by the 1st of March to $1,400,000, and to raise the rates of exchange from those fixed on the first of October preceed mg 1 , to not less than two and u half per cent, on the west; not less than two per cent, on New Orleans, and not less than one per cent, south of Washington city. The same letter, on the same day, was sent to three other offices, namely, Richmond, Norfolk, awl Fayetteville, only varying in the amounts cf the reduction, and in the time to make it, the 10th of April being fixed for the comp etioa of the ,e- duction. January 24, 1834." The state of the Hank and of the country, and the new measures of hos tility against it which are understood to be in con templation, make it proper to put the Bank into a position entirely out of the reach of all contingen cies; for this purpose I am directe 1 to request that you will pla^e the business of your office on the following footing." To reduce the discounts by the first of April to $3,500,000, and to abstain from purchasing bii:s of exchange, payable at places on the Mississippi, aud its branches, includ ing all the western offices. " The sta*e of things here is very gloomy, and unless Congress takes some decide-d step to prevent the progress of the troubles, they may soon outgrow our control." * * * * it is a moment of great interest, and exposed to sudden changes, in public affairs, which may induce the Bank to conform its policy to them. Of these dangers, should any occur, you will have early advice " This letter directed to the President of the branch at New Orleans, only. January 24, 1834.* The state of the Bank and the country, and the new measures of hostili ty to the institution, which it is understood are in contemplation, make it expedient to place the Bank beyond the reach of all contingencies; I am therefore, instructed," &c. To reduce discounts to a sum named, by the 1st of March, to raise ex change to not less than two and a half per cent, on western offices, not less than two per cent, on New Orleans, and not less than one per cent, south of Washing-ion city; the letter addressed to 10 four blanches; Portland, Providence, Portsmouth, and Hertford. January 21, 1834. "The present situation of the Bank, :>nd the measures of hostility to the in stitution which are understood to be in contempla tion, render it expedient to provide for its entire safety against all contingencies," &c. Then di rects a reduction of discounts to $4,000,000 by the 1st of Apnl, and an increase of the ratts of exchange to two and a half per cent, on the west, to two per cent, on New Orleans and Mobile, and to one per cent, south of Washing-ton; the letter directed to the President of the branch at New Tork. January 27, 1834. "In a recent examination of the situation of the Bank and the offices, it was determined that in the present state of the country, and in consideration of the new mea sures of hos i! ty contemplated by the Executive officers of the United States at Washington, it was proper to place the institution beyond the reach of contingencies," &c. Then directs the discounts to be confined to their present moderate amount, and exchanges to be raised to not less thtm t-vo and a half per cent, on the west, not less than two p^r cent, on New Orleans, and not less than one per cemt. south of Washington city. This letttr directed to the President at Boston, only. k When Mr. B. had finished reading- these extracts, ke turned <o the report made by the Senator from Va., who sat on his right, (Mr. Tyler,) where all that was said about these new measures of hostility, and the propriety of the Bank s conduct in this third curtailment, and in this increase upon rates of exchange, were compressed into twenty lines, and the wisdom and necessity of them were left to be pronounced upon by the judgment of the Sen- *<e. Mr. B. would read those twenty lines of that report: " The whole amount of reduction ordered by the above proceedings (curtailment ordered on 8ih and 17th of October) was $5,825,906. The same table, No. 4, exhibits the fact, that on the 23d of January a further reduction was ordered to the amount of $3,320,000. This was communicat ed to the offices in letters from the President, stating, that the present situation of the Bank, and the new measures of hostility which are un derstood to be in contemplation, make it expe dient to place the institution beyond the reach of all danger: for this purpose, I am directed to in struct j our office to conduct its business on the following footing/ (appendix. No. 9, copies of letters.) The offices of Cincinnati, Louisville, Lexington, St. Louis, Nashville, and Natchez, were fuither directed to confine themselves to 90 days bills on Baltimore, and the cities north of it, of which they were allowed to purchase any amouiat their means would justify; and to bills payable on New Orleans, which they were to take only in payment of pre-existing- debts to the Bank and its offices; while the office at New Orl ans was directed to abstain from drawing on the Wes tern offices, and to make its purchases mainly on t! e north Atlantic cities. The committee has til 1 . is given a full, and somewhat elaborate detail of the various ir.easurv s resorted to by the Bank, from the 13th of August, 1833; of their wisdom and ne cessity the Senate will best be able to pronounce a correct judgment." This, Mr. B. said, was the meager and stinted manner in which the report treated a transaction which he would show to be the most cold-blooded, calculating, and diabolical, which the annals of any country on this side of Asia could exhibit. [Mr. TYLER here said there were two pages on this subject to be found at another part of the re port, and opened the report at the place for Mr. B.] Mr. B. said the two pages contained but few allusions to this subject, and nothing to add to, or vary what was contained in the twen ty lines he had read. He looked upon it as a great omission in the report; the mure so as the committee had been expressly commanded to re port upon the curtailments and the conduct of the Bank in the business of internal exchange. He had hoped to have had searching inquiries, and detailed statements of facts on these \ ital points. He looked to the Senator from Va., (Mr.Tyler,) for these inquiries and statements. He wished him to show,by the manner in which he would drag to light, and < xposet vie w,the vast crimes of the Bank, that the Old Domii.ion was still the mother of the Gracchi that the old lady was not yet forty-five that she coald breed sons! Sons to emulate the fame of the Scipios. But he was disappointed. The report was dumb, silent, speechless upon the operations of the Hank during its t rrible c-im- paign of panic and pressure upon the American people. And now he would pay one instalment of the speech which had been promised some time ago on the subject of this report; for there was a part of that speech which was strictly applicable and appropriate to the head he was now discus sing. Mr. B. then addressed himself to the Senator from Virginia who sat on his his right (Mr. Tyler) and requested him to supply an omission in his re port, and to inform what were those new measures of hostility alluded to in the two-and-twenty let ters of instruction of the Bank, and repeated in the report, and which were made the pretext for this third curtailment, and these new and extraor dinary restriction 1 ; and impositions upon the pur chase of bills of exchange? Mr. TYLER answer, d that it was the expected prohibition upon the receivability of the branch B mk drafts in payment of the federal revenue. Mr. B. resumed: The senator is right. These drafts are mentioned in one of the circular letters, and but one of them, as the hew measure under stood to be in contemplation, and which under standing had been made the prctt -\t for scourging 1 the country. He, Mr. B- was incapable of :i the atrical artifice, a stage trick, mugiMve debate. He had no question but that the Senator could an swer his question, and he knew that he had an swered it truly; but he wanted his testimony, his evidence, against the Bank; he wanted proof to tie the Bank down t th ; s answer; to this pretext; to this thin disguise for her conduct in scourging the country. The answer is now given; the proof adduced; and the apprehended pro s ibis ion oi the receivability of the braiich drafts, stand.-* both 11 as the pretext, and the sole pretext for the pres sure c mmenced in January, the doubling- the rates of exchange, breaking- up exchanges be tween the five western brunch banks, and concen trating the collection of bills of exchange upon four reat commercial cities. Mr. 13. then took s<x positions which he enume rated, an I undertook to demonstrate They were: to be true. 1. That it was unlrue in point of fact, that there measures in contemplation, or ac- vrere any new upon the country was kept up; the two and twen ty orders were continued in force. What can be thought of an institution which, being avmed by law with power over the moneyed r.yvcm of the whole country, should proceed to exercise that power to distress that country for money, upon an understanding that something \\ as in contempla tion, and never inquire if its understanding- was correct, nor cease its operations, when each suc cessive day, for one hundred and fifty days, proved to it that no such thing was in contemplation? At last, on the 27th of June, when the pressure is to be relaxed, it is done upon another ground; not upon the ground that the new measures had never taken effect, but because Congress was about to rise wMiout having done any thing ;or the Bank. Here is a clear confession that the allegaton of new measures was a mere pretext; and that the motive was to operate upon Congress, :mJ force a restoration of the depobites, and a renewal of the charter. Mr. B. said, he knew all about these drafts The President always condemned their legahty,andwas for stopping the receipt of them. Mr. Taney, when Attorney General, condemned them in 1831. 5. That this curtailment, and the^e exchange Mr. B. had applit d to Mr. McLans in 1832 to stop regulations in January, were political and re volu- j them; but he came to no decision. He applied to tionary, and connect themselves w.th the resolu- ! Mr. Duane, by letter, as soon as he canoe into the tion in the Senate for the condemnation of Presi- Treasury, but got no answer. He applied to Mr. tion, to destroy the Bank. 2 That it was untiue in point of fact, hat the President harbored hostile and revengeful de signs against the existence of the Bank. 3. That it was untiue in point < ffact, that there was any r.ecessi y for this third cuitaJment, which was oidcred the last Of January. 4. lhat h re was no excuse, justification, or apology for the conduct of the Bank in i\ lation to domestic exchange, in doubling i s rates, breaking- it up tetwien the five western branches, turning the collect on of bill* upon the principal commer cial cities, and forbidding the branch at New Or leans to purchase bills on any part of the West. dent Jackson. ] Taney as soon as he arrived at Washington in the 6. That the distress of the country was occa- i fall of 1833, and Mr. Taney decided that he sioned by the Bank of the United States, and the ! would not stop them until the moneyed concern* Senate of the Unit d States, and not by the re- 1 of the country had recovered their tranquillity and moval of the deposites. I prosperity, lest the Bank should make it the pre- Having stated his positions, Mr. B. proceeded text of new attempts to distress the country; and to demonstrate them {thus, the very th : ng which Mr. Taney refused to 1. As 10 the new measures to destroy the Bank. i do, lest it should be made a pretext for oppres- Mr. B. said there was no such measures. The one i sior.s, was falsely converted into a pretext to do indicated, that of stopping- the receipt of the j what he was determined they should have no pre- branch bank drafts in payments to the United text for doing. States, exi-ted no where but in the two-and twen- But Mr. B. took higher ground *til ; it was this; ty letters of instruction of the President of the I that even if the receipt of the drafts had been Bank. There is not even an allegation that the ! stopped in January or February, there would have measure existed; the language is "in contempla- i been no necessity on that account for curtailing tion" "und p rstod to be in contemplation" j debts and embarrassing exchanges. This gound and upon this flimsy pretext of an understanding he sustianed by showing, 1. Tliat the Bank had of something in contemplation, and which some- at that time two millions of dollars in Europe, ly- thing never took place, a set of rutl.lt ss orders; ing idle, as a fund to draw bills of exchange upon, are sent out to every quarter of the Ui ion to ! and the mere sale of bil s on this sum would have make a pressure for money, and to embarrass the met every demand which the rejection of the domestic exchanges of the Union. Three days I drafts could have thrown upon it. 2. That it sent would have brought an answer from Washington ! the money it raised by this curtailment to Europe, to Philadelphia from the Treasuiy to the Bank to the amount of three and a half millions, and and let it be known that there was no intention thereby showed that it was not collected to meet to stop the receipt of these drafts at that time any demand at home. 3. That the Bank had at that But it would seem that the Bank diJ not recognise > t : me, (January, 1834,) the sum of $4,230,509 of the legitimacy of Mr. Taney s appointment! tnd ! public money in hand, and therefore had United therefore would not condescend to correspond ! States money enough in possession to balance any with him as Secretary of the Tre tsury! But time I injury from rejection of drafts. 4. That the Bank gave the answer, even if the Bank would not in- j had notes enough on hand to supply the place of quire at the Treasury. Day after day, week after j all the drafts, even if they were all driven in. 5. week, month after month, passed off, and these That it had stopped the receipt of these branch redoubtable new measures never made their ap- , drafts itself at the branches, except each for its pearanco. Why not then stop the ctrta Iment, ; own, in November 1833, and was compelled to and restore the exchanges to their former footing? l resume their receipt by the ewergetic and just con- February, March, Aprl, May, June five months ! duct of Mr. Taney, in giving transfer drafts to be one hundred and fifty days, all passidaway; the used against the branches winch would not honor new measures never came; and yet the pressure the no es and drafts of the other branches. Here Mr. B. turned upon Mr. Tyler s report, and se- ) ence to the Bank, in which it never felt any in- verely arraigned it for alleging that the Bank terest, which the Treasury adopted for its own always honored its paper at every point, and fur- convenience, which was , lways under the exclu- nishinga ^,>p y of negative testimony to prove sive control of the Treasury, about which the that assertion when there was a large mass of posi- Bank had never expressed a wish, of which it tive testimony, the disinterested evidence of nu merous respectable persons, to prove the contra ry, and which the committee had not noticed. Finally Mr. B. hadreconrse to Mr. Biddle s own testimony to annihilate his (Mr. Biddle s) affected alarm for the destruction of the Bank, and the in jury to the country from the repulse of these famous branch drafts from revenue payments. It was in the letter of Mr. Biddle to Mr. Woodbury in the fall of 1834, when the receipt of these drafts was actually stopped, and in the order which was issued to the branches to continue to issue them as usual. Mr. B. read a passage from this letter to shew that the receipt of these drafts was always a mere treasury arrangement, in which the Bank felt not sent them a circulai which it WHS not intend* would have taken no notice if the Secretary had ; and the expediency of d t > question in the re motest degree! Having pointed out these fatal contradictions, Mr. B. said it was a case in which the emphatic ejaculation might well be repeated: Oh! that mine enemy would write a book! To put the seal of the Bank s contempt on the order prohibiting the receipt of these drafts, to show its disregard of law, and its ability to sustain its drafts upon its own resources, and without the advantage of Government receivability, Mr. B. read the order which the President of the Bank addressed to all the branches on the receipt of the circular which gave him information of the rejec tion of these drafts, it was in these words: " This will make no alteration, whatever, in your practice, with regard to issuing or pay ing these draft?, which \you will continue as heretofore." What a pity, ! said Mr. B. that the President of the Bank could no int rest; that the refusal to receive them was an object at all times of perfect indifference to the Bunk, and would not have been even noticed by it, if Mr. Woodbury had not sent him a copy of his circular. The following is the passage read: " As the receipt of these drafts by the treasury not have thought of issuing such an ord r as this was an arragement exclusively its own, in which j in January, instead of sending forth the mandate the Bank felt no interest; the refusal to receive for curtailing debts, embarrassing exchange, levy- them hereafter is an object of equal indifference; j ing three millions and a half, alarming the coun- nor would it have been in any manner noticed, btit j try with the cry of danger, and exhibiting Presi- that as you have transmitted to me a copy of the j dent Jackson as a vindictive tyrant, intent upon circular, the silence of the Bank might be miscon- j the ruin of the Bank! slrued into an acquiescence in the contents of that 1. The hostility of the President paper. Without meaning, therefore, in the re motest degree to question the expediency of the measure, it is deemed proper to suggest," &c. * * * t( i>j le phraseology (of the circular rejecting the drafts) appears to convey the im- preasion that the Bank had sought to obtain the receipt of these draft* by certain assurances to the treasury. It is difficult to imagine any thing more groundless. The Bank never consulted the treas ury on the subject, nordiditvermak assurances of any kind to the treasury. The Bank on its own responsibility issued these drafts. The Secretary of the Treasury subsequently asked for information to the bank. This assertion, said Mr. B., so incontinently re iterated by the Presi lent of the bank, is taken up and repeated by our Finance committee, to whose report he was now paying an instalment of those respects which he had promised them. This assertion, so far as the bank and the committee are concerned in making it, is an assertion with out evidence, and so far as the facts are concern ed, it is an assertion against evidence. If there is any evidence of the banker the committee to sup port this assertion in the forty pages of the re port, or the three hundred pages of the appendix, the four members of the Finance committee can about them. It was given, not merely without an produce it, when they come to reply. That there assurance, but without the expression of a wish of j WAS evidence to contradict it, he was now ready any kind. On the contrary, the letter giving the j to show. This evidence consisted in four or five explanation concluded with these words: " Whe- ! public, and prominent facts, which he would now ther, under these circumstances, it is expedient to ! mention, and in other circumstances, which he receive them, is a question for the exclusive con- j would show hereafter. The first was, the fact sideration of the department." which he mentioned when this report was first Mr. B. invoked the attention of the Senate up- read on the 18th of December last, namely, that on the fatal contradictions which this letter of No- j President Juckson had nominated Mr. Biddle at vember, and these instructions of January, 1834, j the head of the Government directors, and there- exhibit. In January, the mere understanding of by indicated him for the Presidency of the bank, a design in contemplation to exclude these drafts for three successive years after this hostility was from revenue payments, is a danger of such supposed to have commenced. The second was, alarming magnitude, an invasion of the rights of j that the President had never ordered a scire facias the Bank in such a flagrant manner, a proof of such vindictive determination to prostrate, sacri fice, snd ruin the institution, that the entire conti nent must be laid under contribution to raise mo ney to enable the institution to stand the shock! In November of the same year, when the order for Hie rejection actually comes, then the same mea- to issue against the b-^nk to vacate its charter, which he has the right, under the 23d section of the charter, to do, whenever he believed the char ter to be violated. The third, that, during many years, he has never required his Secretaries of the Treasury tostoj: the governmental receipt of the branch bank drafts, although his own mind upon sure is declared to be one of the utmost indiffer- ! their illegality had been made up for several years 13 past. The fourth, that after all the clamor,-- all the invocations upon Heaven and Earth against the ty ranny of removing 1 the deposites .hose deposites have never happened to be quite entirely remov ed! An average of near four mil ions of dollars of puN ic mon-y has remained in the hands of the bank fur each month, from the 1st of October, 1833, to the 1st of Jan u TV, 1835, inclus vely! embracing" the entire period from the time the or der was to tnke effect agninst depositing 1 in the Bank of the United Spates down to the commence ment of ti e present year! So fur are the depo sites from being- quite entirely removed, as the public are led to believe, that, at the distance of fifteen mon hs from the time the order for the re moval began to take effect, there remained in the hands of the bank the large sum of three millions eight hundred and seventy-eight thousand, nine hundred and fifty-one dollars, and ninety-seven cents, (3,878,951 97,) according to her own showing in her monthly statements. That Presi dent .fackson is, :>.nd always has been, opposed to the ex steuce of the bank, is a fact as true as it is honorable to him; that he is hostile to it, in the vin dictive and revengeful sense of the phrase, is an assertion, Mr. B. would take the liberty to repeat, without evidence, so far as he could see into the proofs of the committee, and against evidence, to the full extent of all the testimony within his view. Far from indulging in revengeful resentment against the Bank, he has been pa tient, indulgent, and forbearing towards it to a degree hardly compatible with his duty to his country, and with his constitutional supervision over the faithful execution of the laws; to a degree which has drawn upon him, as a deduction from his own conduct, an argument in favor of the le gality of this very branch bank currency, on the part of this very committee, as may be seen in their report. Again, the very circumstance on which this charge of hostility rests in the two-and-twenty letters of Mr. Biddle, proves it to be untrue; for the stoppage of the drafts understood to be in contemplation, was not in contemplation, and did not take place until the pecuniary concerns of the country were tranquil and prosperous; and when it did thus take place, the President of the Bank de clared it to have been always the exclusive right of the Government to doit, in which the Bank had no interest, and for whicl) it cared nothing. No! said Mr. B. the President has opposed the recharter of the Bank; he has not attacked its present char ter. Tie has opposed its future, not its present ex istence. And those who characterize this oppo sition to a future charter as attacking the Bank, and destroying the Bank, must admit that they ad vocate the hereditary light of the Bank to a new charter after the old one is out; and that they do- ny to a public man the right of opposing that he reditary claim. 3. That there wis no necessity for this third curtail ment ordered in January. Mr.B. said, to have a full conception of the truth of this position, it was pro per to recollect that the Bank made its first cur tailment in August, when the appointnent of an agent to arrange with the deposite Banks, an nounced the fact that the Bank of the United States was soon to cease to be the depository of public moneys. The reduction under tint first curtailment was $4,066 000- The secon I was in October, and under that order for curtailment the reduction was $5,825,000- The whole re duction then, consequent upon the expected, and actual removal of deposi trs, was $9391>000 At the snme time the whole amount of deposites on the first dav of October, the day for the remov al, or rather for the cessation to deposite in the United States Bank took effect, was $9,8S8>- 435; ^d on the first day of February, 1834, when the third curtailment was ordered, there were sull $3;066>561 of these deposites on hand, and have remained on hand to near that amount ever since; so that the Bank in the two first curtail ments, accomplished between August and Janua ry, had actu-l!y curtailed to the whole amount, and to the exact amount, upon precise calculation, of the amount of deposites on hand on the 1st of October; and still had on the 1st of January a frac tion over three millions of the deposites in its pos session. This simple statement of sums and dates shows that there was no necessity for ordering a further reduction of $3,320,000 in January, as the Bank had already curtailed to the whole amount of the deposites, and $22,500 over. Nor did the Bank put the third curtailment upon that ground, but upon the new measures in contemplation; thus leaving her advocates every where still to attri bute the pressure created by the third curtailment to the old cause of the removal of the deposites. This simple statement of facts is sufficient to show that this third curtailment was unnecessary. What confirms that view, is that the Bank remitted to Europe, as fast as it was collected, the whole amount of the curtailment, and $105,000 over, there to lie idle until she could raise the foreign exchange to 8 per cent, above par, which she had sunk to 5 per cent, below par, and thus nuke two sets of profits out of one operation in distressing ami pressing the country. 4. No excuse for doubling the rates of ex change, breaking up the exchange business in ttxe West, forbidd ng the branch at New Orleans to pur chase a single bill on the West, and concentrating the collection of exchange on the four great com mercial cities. For this, Mr. B. said, no apol ogy, no excuse, no just justification, was offered by the Bank. The act stood unjustified, nd un justifiable. The B mk itself has shrunk from the attempt to justify it: our committee, in that report of which the Bank proclaims itself to be so proud, gives no opinion in its brief notice of a few lines upon this transaction, but leaves it to the Senate to pronounce upon its wisdom and necessity! The committee, Mr. B. said, had failed in their duty to their country by the manner in which they hnl veiled this affair of the exchanges in a few lines, and then blinked the question of its enormity, by referring 1 it to the judgment of the Senate. He made the same remark upon the co- temporaneous measure of the third curtrulment; and called on the author f the report (Mr. Ty ler) to defend his report, and to defend the C"n- ductof the Bank, now, if he could; and request ed him to receive all this part of his speech as a further instalment paid of what was due to that re port on the Bank. 14 5. T!:at tae curta lment, Mid exchange regula tions of January, were political and revolutionary, and connect themselves with the contemporaneous proceedings (-f the Senate for the condemnation of phrase, revenue, which might signify the Force Bill in South Carolina, and the Bank question in Philadelphia! The vagueness of the expression left every gentleman to fight upon his own hook, the President. That this curtailment, and *hese land to hang- his vote upon any mental reservation regulations, were wanton and wicked, was a pro- which could be found in his own mind! and Mr. B. wou d go before the intelligence of any rational pro- po ition, Mr. B. said, which resulted as a logical conclusion from what had been already shown, namely, that they were causeless and unnecessary, and done upon pretexts which h <ve been clt mon- strated to be false. That they were pol tical and revolutionary, and connected with the proceed ings in the Senate for the condemnation of the President, he would now prore. In the exhibi tion of this proof, the first thing to be looked to is the chronology of the events, the time at whic 1 man with the declaration that the connexion be tween the condemnation of the President and the cause of the Bank, was doubly proved; first, by the words of the resolution, and next by the omis sion of those words. The next point of connex ion, Mr. B. said, was detected in the times, varied to suit each Stiite, at which the pressure under the curtailment was to reach its maximum; and the mannei in which the restrictions upon the side and the Bank made this third curtailment, and sent purchase of bills of exchange was made to fall ex- forth thes.- exchange regulations, and the time at c usively and heav ly upon the principal commcr- which the Senate curried on the proceeding against the President. Viewed under this aspect, the two movements are not only connected, but iden tical and inseparable. The time for the condem nation of the President covers the period from the 26th of December, 1833, to the 28th of March, 1834; same the Bank movement period; the orders is included in the for the pressure were issued from the 21st of January to the 1st of February, and were to accomplish their effect in the month of March, and by the first of April, except in one place, where for a reason which will be shown at the proper time, the ac complishment of the effect was protracted till the 10. h day of April. These, Mr. B. said, were the ditesof issuing the orders, and accomplishing their effect; the date of the adoption of the resolution in the Bank for this movement, is not given in the report, but must have been, in the nature of thing.,, anterior to the issue of the orders; it must have been some days before the issue of the orders; and was in ail probability a few days after the com mencement of the movement in the Senate against the Pns dent. The next point of connexion, Mr. B. said, uas in the subject-matler; and here it was necessary to recur to ti e o. iginul form, and to the second form, of the resolution for the condemna tion of the President. In the first, or primordiil form, the resolution was expressly connected with the cause of the Bank. It was, for dismissing Mr. Duane because he would not remove the depo- site, and appointing Mr Tancy because he would remove them. In the second form of the resolu tion that form which naturalists would cail its aurelia, or chrysalis state, the phraseology of the connexion was varied, but still the connexion was retained and expressed. The names of Mr. Du ane, and Mr. Taney, were dropped; and the re moval of the depos tes upon his own responsibility, was the alleged offence of the President. In its third, and ultimate transformation, all allusion to the Bank was dropped, and the vague term, reve nue, was substituted; but it was a substitution of phrase only, without any alteration of sense or meaning. The resolution -s the same under all its phases. It is still the Bank, and Mr. Taney, and Mr. Dunne, and the removal of the deposites, which re the things to be understood, though no longer prudent to express. AH these substantial objects are veiled, and substituted by the empty cial cit es, at the moment when most deeply en gaged in the purch use and shipment of produce. Thus, in Ntw York, where the great charier elec tions were to take place during the first week in April, the curtailment was to reach its maximum pressure on the first day of that month! In Vir ginia, where the elections are continued through out the whole month of April, the pressure was not to reach its climax unt 1 the tenth day of that month! In Connecticut, where the elections oc curred about the first of April, the pressure was to have its last turn of the screw in the mouth of March! And in these three instances, the only ones in winch elections were depending, the po- 1 tical bearing of the pressure was clear and unde niable. The sympathy in the Senate, in the re sults of these political calculations, was displayed in the exultation which broke out OB receiving the news of the elections in Virginia, New York, and Connecticut an exultation which broke out into the most extravag.nt rejoicings over the supposed downfall of the administration. The careful calculation to mike the pressure and the exchange regulations, fa -l upon the commercial cities at the moment to injure commerce most, was also visible in the times fixed for each Thus in all the western cities, Cincinnati, Louisville, Lex ington, Nashville, Pittsburgh St. Lotus, the pres sure was to reach its maximum by the first day of March; the shipments of western produce to New Orleans being 1 mostly over by that time; but in New Orleans the pressure was to continue till the first of April, because the shipping season is pro tracted there till that month, and thus the produce which left the upper States under the depression of the pressure, was to meet the same pressure up on its arrival in New Orleans; and thus cnable*th friends of the Bank to read the r ruined prices of western produce on the floor of this Senate. In Baltimore, the first of March was fixed, which would cover the active business season there. So much, said Mr. B. for the pressure by curtailment; now for the pressure by b.lls of exchange, and he would take the case of New Orleans first. All the branches in the west, and every where else in the Union, were authorized to purchase bills of ex change at short dates, not exceeding ninety days on that emporium of the west; so as to increase the demand for money there; at the same time the branch in Nw Orleans was forbid to purchases 15 single bill in any part of the valley of the Missis sippi. This prohibition was for two purposes, first, lo break up exchange, and next to make money scarce in New Orleans, as in default tf bills of exchange, silver would be shipped, and the shipping- of silver would make a pressure upon alt the local banks. To help out this operation, Mr. B. said t must be well and continually remem bered that the Bank of the United Stat s itsel abducted aboiit one mi lion and a quarter of hard dollars from New Orleans during the period of the pressure there; thus provingthat all her affect Thus the Bank stood upon one pretext, and its friends stood upon another! and for this mortify ing contradiction, in which all its friends have be come exposed to see their mournful speeches ex ploded by the Bank itsel c , a just indignation ought now to be felt by :dl the friends of the Bank, who were laying the distress to the removal of the de- posites, and daily crying out that nothing could relieve the country but the restoration cf the de- po.sites, or the recharter of the Bank! while the Bank itself was writing- to its branches, that it was the new measures understood to be in emit em plat ion ed necessity for curtailment was a false and wicked! that was occasioning all the mischief. Mr. B. pretext for the cover of her own political and revo- { would close this head with a remark which ought lutionary views. j to excite reflections which should never die away; The case of the western branches was next ad-j which should be remembered as long 1 : s national verted to by Mr. B. Among these, he said, the busi- ! banks existed, or asked for existence. It was this: ness of exchange was broken pp in into. The j That here was a proved case of a National bank five western branches were forbid to purchase ex- 1 availing- itself of its organization, andofrs power, change at all! and this tyrannical order was not to send secret orders, upon a false pretext, to even veiled with the pi etext of an excuse! Upon i every part of the Union, to create distress and the north Atlantic cities, Mr. B. said, unlimited j panic, for the purpose of accomplishing an object authority to all the branch- s was given to purchase i of its own! arid then publicly and ca umniously bills, all at Sllfll t datfS lirrlff ninotxr /1 itre o nA oil rViotor>ii bills, all at short dates, under ninety days, and all intended to become due during the shipping season, and to increase the demand for money while the curtai ment was going on, and the screw turning from day to day to lessen the capacity of getting money, and make it more scarce as the demand for it became urgent. Thus were the great com mercial cities, New Orleans, New York, Baltimore, and Philadelphia, subject to a double process of oppression; and that ait the precise season of pur chasing and shipping crops, so as to make their dis resg recoil upon the planters and farmers! and all this upon the pretext of new measures understood to be m contemplation. Time again becomes mat. rial, said Mr. B. The Bank pressure was a<-- charging all this mischief on the act of the Presi dent for the removal of the deposited. This re collection should warn the country against ever permitting another national bank to re-peat a crime of such frightful immorality, and such enormous injury to the busines-; and property of the People. Mr. B. expressed his profound regret that t ( ie re port of the Bank committee WHS silent upon dreadful enormities, while trifles in favor of the Bank. the mischief done to private property the fall in the price of st-iples, of stocks, and of nil real and personal estate at the ruin of many merchants, and the injury of many citizens which took p ace during this hideous season of panic and pressure. so elaborate upon He was indignant, at ranged in January, to reach its climax in March,! He w^s indignant at the Bank for creat iig- it, and and the first of April; the debate in the Senate, for I still more fur its criminal audacity in charging its the condemnation of President Jackson, which own conduct upon the President; and he was mor- commenced in the last days of December, was protracted over the whole period of the Bank pressure, and reached its consummation at the same time, namely the 28th day of March! The two movements covered the same period of time, reach ed their conclusions .together, and co-operated in the effect to be produced; and during- the three months of this double movement the da ly with the vengeance of Senate chamber resounded cry, that the tyrannv an- the Pres dent, and his violation of laws and con stitution, hid created the whole distress, and struck the nation from a stnte o r Arcadian felici tyfrom a condition of unparalleled prosperity to the lowest depth of misery and ruin. And here Mr. B. obte-te l and besought the Senate to con- titled, profoundly moitified, that all this should have escaped the attention of the Finance Com mittee, and enabled them to make a report of which ihe Bank, in its ofrici 1 organ, declares itself to be justly proud; which it now has undergoing the usual process of diffusion through the publica tion of supplemental gazettes, which it openly avers would have ensured the recharter if it had come out in time, and to which it now looks for such recharter as soon as President Jackson re tires, and the country can be thrown into confusion by the distractions of a Presidential election. Mr. B. now took up another head of evidence to prove the fact that the curtailment and ex change regulations of January were political and revolutionary, and connected with the proeeed- suler the indifference with which the Bank treat- ings of the Senate for the condemnation of the ed its friends in the Senate, and the sorrowful con- 1 President and here he would proceed upon evi- tradiction in which they were left to be caught. | denre drawn from the Bank i self. Mr. B. then In the Senate, and all over the country, the friends I rend extracts from Mr. Biddle s letter of instruc- of the Bank were allowed to go on with fhe old tions (Jan. 30th, 1834) to Joseph Johnson, Esq. tune, and run upon the wrong scent, of removal of! President of the branch Bank at Charleston, S. C. the deposites, creating all the distress- while in I They were as follows: "With a view to meet the the two-and-twenty circular letters despatched to! coming crisis in the banking concerns of the create this distress, it was not the old measure i country, and especially to provide against new alone, but the new measures contemplated, which measures of hostility understood to he in conte re constituted the pretest fortlrs very same distress plation by the Executive officers at Washingto.., a 16 genera! reduction has been ordered at the several offices, and 1 have now to ask your particular at tention to accomplish it." * * * * " It is as disagree able to us as it can be to yourselves to impose any restrictions upon the business of the office. But you are perfectly aware of the effort which has been making- for some time to prostrate the Bai.k, to which this acw measure to which I have alluded will soon be ad-1. d, unless the pro jectors become alarmed at it. On the defeat of these attempts to destroy the Bank, depends in our deliberate judgment, not merely the pecu niary interests, but the whole free institutions of our country; and our determination is, by even a temporary saoifice of profit, to place the Bank entirely beyond the reach of those who meditate its destruction." Mr. B. would invoke the deepest attention to this letter. The passages w^ich he had read were not in the circulars addressed at the same time, to the other brandies. It was confined to this letter, with something s miUir in one more which he would presently read. The coming cri sis in the banking conctrns of the country is here shadowed forth, and secretly foretold, three months before it happened; and with good rea son, for the prophet of the evil was to assist in fulfilling his prophecy. With this secret pre- d ction made in January, is to be connected the public predictions contemporaneously m*de on this ^floor, and continued till April, when the ex plosion of some Banks in this District was pro claimed as the commencement of the general ru in which was to involve all local Banks, and espe cially the whole safety-fund list of Banks, in one universal catastrophe. The Senate would re member all this, and spare him repetitions which must now be heard withpnin, though uttered with satisfaction a few months ago. The whole free institutions of our country, was the next phrase in the letter to which Mr. B. called attention. He said that in this phrase the political designs of the Bank stood iv-vealed, and he averred that this language was identical with that used upon this floor. Here then is the secret order of the Bank, avowing that the whole free institutions of the country are taken into its holy keeping; and that it was determined to submit to a tempora ry sacrifice of profit in sustaining the Bank, which itself sustains the whole free institutions of the country ! What insolence! What audaci ty! But, said Mr. B. what is here meant by free institutions was the elections! and the true meaning of Mr. Biddle s letter is, that the Bank meant to submit to t( mporary sacrifices of money to carry the elections, and put down the Jackson Administration. No other meaning can be put upon the words; and if there could there is fur ther proof in reserve to nail the infamous and wicked design upon the Bank, another passage in this letter, Mr. B. would point out, and then proceed to a new piece of evidence. It was the passage which said this new measure will soon be added, unless the projectors become alar tri ed at it. Now, said Mr. B. lake this as youpL-ase; either that the projectors did, or did not, be come alarmed at their new measure; the fact is cte-tr that no new measure was put in force, and that the bank in proceeding to act upon that as sumption was inventing and fabricating a pretext to justify the scourge which it was meditating against th.2 country. Dates are here material, said Mi 1 . B. The first let ers, founded on these new measures, were dated the 21st of January; and spoke of them as b ting understood to be in contemplation, 5 his letter to Mr. Johnson, which speaks hypothetically, is dated the SOdi of Janua ry, being eight days later; in which tirna the Bank had doubtless heard that its understanding about what was in contemplation, was all false; and to cover its retreat from having sent a false hood to two-and-twenty branches, it gives notice that the new measures which were the alleged pretext of panic and pressure upon the country, were not to take place, because the projectors had got alarmed. The beautiful idea of the projectors, that is to say, General Jackson, for he is the person intended, becoming alarmed at interdict ng the reception of illegal drafts at the Treasury is conjured up as a salvo for the ho nor of the Bank, in making two-and-twenty in stances of false assertion. But the panic and pressure orders are not countermanded. They are to go on, although the proje tors do become alarmed, and although the new measure be dropped. Mr. B. had an extract from a second letter to read upon this subject. It was to the President of the New Orleans branch, Mr. W. W. Montgo mery, and dated Bank of the Unite 1 States, the 24th of January. He read the extwct: "The state of things here is very gloomy, and unless Congress takes some decided step to prevent die progress of the troubles, they may soon outgrow our control. Thus circumstanced, our fisrt duty is to the institution, to preserve it from all dan ger; and we are therefore anxious, for a short time at least, to keep our business within manageable limits, and to make some sacrifice of property to entire security. It is a moment of great interest, and exposed to sudden changes in public affairs, which may induce the Bank to conform its policy to them; of these dangers, should any occur, you will have early advice." When he had read this extra-t, Mr. B. proceeded to comment upon it; ;dmost every word of it being pregnant with poli tical and revoluntionarv meaning of the plainest import. .The whole extract, he said, was the lan guage of a politician, not of a banker, and looked to political events to which the Bank intended to conform its policy. In this way he commented successively upon the gloomy state of things at the Bank, for the letter is dated in the Bank, at d the f roubles which were to outgrow their control un less Congress took some decided step. These troubles, Mr. B. Slid, could not be the dangers of the Bank; for the Bank had taken entire care of itself in the two-and-twenty orders which it sent out to curtail loans and breuk up exchanges Every one of these orders announced the power of the Bank, and the determination of the Bank, to take care of itself. Troubles outgrow our con trol! What insolence! When the Bank itself, and its confederates, were the creators nd fo- mentors of a l these troubles, the progress of which it affected to deplore. The next words, moment 17 of great merest exposed to sudden changes, in j themselves, nor the institution intrusted to them, public affairs induce the Bank to conform its j to be the instrument of private wrong and public policy to them Mr. 13. said were too flagrant, and | outrage; nnr will they omit any fff-.>rt It rescue the too barefaced, for comment. They were equiva lent to an open declaration that a revolution was momently expected, in whic:i Jackson s adminis tration would be overthrown, and the friends of the bank brought into power; and as soon as that happened, the bank would inform its brandies of it; and would then conform its policy to this revolu tion, and relieve the country which it was inflicting- upon it. from the d stress Sir, said Mr. B ., Hddressing the Vice President, thirty ye-irs ago the prophetic vision of Mr. Jefferson foresaw this crisis; thirty years ago, he said that this Bunk WHS an enemy to our form of government; that by i s ramification and power, and by seizing on a cri i- cal moment in our affairs, it would upset t .e go vernment! and this is what it would have done last institutions of the country from being trodl n un der foot by a faction of interlopers. To these prof ligate adventurers, whether their power is display ed in the executive, or legislative depaivment, the directors of the B*nk, w 11, we are satis-fi d, never yield the thousandth part of an inch of ih<?ir own personal rights, or their own offic al dut es; and will continue this resistance UNTIL the COUN TRY, reused to a proper sen*e of its dangers and its wrongs, s l .a 1 DRIVE hese USURPERS out of the HIGH PLACES they DISHONOR." This letter, said Mr. B. discloses in terms which admit of no ex planation or denial, the design of the Bank in cre ating the pressure which was got up and continu ed during the panic session. Jt was to rouse the people, by dint of suffering, agiinst the President winter, had it not been for one man! one man! one j and the House of Representatives, and to overturn single man! with whom God had vouchsafed to fi- them both at the ensuing elect ons. To do this vor our America in that hour of her greatest trial, now stands revealed as its avowed object. The That one man stood a sole obstacle to the dread Senate and the Bmk were to sUnd together a- career of the Bank; stood for six months as the | gainst the President and the Ho =se; and each to act is part for the same co.nmon object; the Bank to scourge the people for money, and charge its own scourging upon the President; the Senate to condemn him for a vio at on of the Uws and con stitution, and to brand him as the Caesar, Cromwell, Bonaparte; the tyrant, despot, usurper, whose head would be cut off in any kingdom of Kurope for such acts as he practised here. Mr. B. said, the contemplation of the conduct of the Hank, during the panic session, was revolting and incre dible. It combined every thing to revolt and rampart which defen led the country the citadel upon which Bank artillery incessantly thundered! and what was the conduct of the Senate ad thi- it was trying and condemning that man; kil ling him off with a Senatorial condemnation; re moving the obstacle which stood betw< en the B:mk and its prey; and in so doing, establishing the indissoluble connexion between the movement of the Bank in distressing the country , and the movement of the Senate in condemning the Pre sident. Mr. B. said, that certainly no more proof was | shock the moral sense. Oppression, fclsehodd, necessary on this head to show that the designs of the Bank were political and revolutionary, inten ded to put down President Jackson s administra tion, and to connect itself with the Senate; but he had more proof, that of a publ ; cation under the lumny, revolution; the ruin of individuals, the fab rication of false pretenses, the machinatons far overturning the Government, the imputation of its o\ n crimes upon the head of the President, the en riching its favorites with the spoils of the countn , editorial head of the National Gazette, and which insolence to the House of Representativi s, and its publication he assumed to say was written by the I affected guardianship of the liberties of t ie pet President of the Bunk. It was a long article of four columns; but he would only read a para graph. He read: "The great contest now wag ing in this country, is between its free institutions, and the violence of a vulgar despo ism. The Go vernment is turned into a baneful faction, and the spirit of liberty contends against it throughout the country. On the one hand, is this miserable ca bal, with all the PATRONAGE of the Executive; on the other hand the yet unbroken mind and heart of the country, with the SENATE and the BANK; (in reading these words, in which the Bank associated itself with the Senate, Mr. B. re peated the famous expression of Cardinal Wolsey in associating himself with the King, Ego et rex meus,-) the House of Representatives, hitherto the intuitive champion of freedom, shapen by the intrigues of the kitchen, hesitates for a time, but cannot fail before long to break its own fetters first, and then those of the country. In that quarrel we predict, they who administer the Bank will shrink from no proper share which the country may assign to them. Personally they must be as indifferent as any of their fellow citizens to the recharter of the Bank. But they will not suffe r pie, and the free institutions of the coun ry; such were the prominent features of its conduct. The parallel of its enormity was not to be found on this side of Asia; an example of such remorseless atrocity was only to be seen in the conduct of the Paul Benfields and the Debi Sings who ravaged Ind a und r the name of the Marquis of Hasting*. Even what had been casually and imperfectly brought to light, disclosed a system of calculated enormity which required the genius of Burke to paint. Wh-it was behind would require labors of a committee, constituted upon parliamentary prm- ciples, not to plaster, but to probe the wounds and ulcers of the Bank; and such a committee he should hope to see, not now, but hereafter, not in the vacation,but in the session of Congress. For he- had no idea of these peripatetic and recess com mittees, of which the panic session had been so prolific. He wanted a committee, unq icstion; ble in the legality of its own appointment, duly qualified in a parliamentary sense for discovering the misconduct they are set to investigate; and sitting under the wing of the authority which can punish the insolent, compel the refractory, and enforce the obedience which is due to its mandates 18 6. The distress of the country occas oned by the j compelled it to reduce its discounts and loans with Hank of the United States, and the Senate of the United States. This, Mr. B. said, might be an unpleasant topic to discuss in the Senate; but this Senate, for fou? months of the last session, and during the whole debate on the resolution to con demn the President, had resounded with the cry that the President had created all the distress; and the huge and motley mvss, throughout the U nion, which marched under the oriflamme of the Bank, had every where repeated and reiterated the same cry. If there was any thing unpleasant, then, in the discussion of this topic, in this place, the blame must be laid on those who by using thut argument in support of their resolution against the President, devolves upon the defenders of the President the necessity of refuting it. Mr. B. would have re course to facts to establish his position. The first fact he would recur to was the history of a reduc tion of deposites, made once before in this same Bank, so nearly identical in every particular with the reduction which took place under the order for tiie late removal of deposites, that it would re quire exact references to documentary evidence to put its credibility beyond he incredulity of the senses. Not only the amount from which the re duction was made, its progress, and ul imate de pression, corresponded so clos.-jy as each to seem to be the history of the same transaction, but they began in the same month, descended in the same ratio, except in the instances which operate to the disadvantage of the late reduction, and at the end of fif ee/i months, had reached the same point. Mr. B. spoke of the reduction of deposites which took place in the years 1818 and 1819, and would exhibit a table to compare it with the reductions under the late order for the removal of the depo- ites. THR TABLE. Fifteen months reduction of Deposites. October, November, December, , anuary, February, March, April, May, Jvinr, July, August, September, October, November, December, 1818-19. $9,136,527 5,259,251 6,069,875 2,856,393 3,075,159 3,458,488 3,273,855 2,883,329 2,882,899 3.670,281 3,132,361 3,047,135 2,862,964 2,230,750 2,155.497 1833-4. $9,868,435 8,232,311 5,162,260 4,230,509 3.066,561 2,604,233 2,932,866 3,257,345 2,731,988 2 675,43;; 2,609,257 2,155,21^ 2,040,354 2,001,639 1,875,772 January, 1820, 3,560,712 Jan. 1835, 3,878,951 Here, said Mr. B., is a similar and parallel re duction of deposites in this same bank, and that at a period of real pecuniary distress to itself; a pe- iiod when great frauds were discovered in its management; when a committee examined it, and reported it guilty of violating its charter? when its stock fell in a few weeks from 180 ta 90; when propositions to repeal its charter, wi-hout the for mality of a scire facias, were discussed in Con- voice?, condemned it; and when a real necessity I never been all taken from the bankj thatthe remo\" more rapidity, and to a far greater comparative ex tent, than those which has attended the late reduc tion. Yet what was the .state of the country? Dis tressed, to be sure, but no panic! no convulsion in the community! no cry of revolution! And why this difference? If mere reduction of deposites was to be attended with these effects at one time, why not at the other ? Sir, said Mr. B., address ing the Vice President, tlie reason is plain and ob vious. The bank was unconnected with politics in 1819! It had no desire, at that time, to govern the elections, and to overturn an administration! It had no political confederates! I- had no Presi dent of the bank then, to make war upon the President of the United States, and to stimulate and aid a great political party in crushing the Pre sident, who would not sign a new charter, and in crushing the House of Repre:-;entativep,which stood by him. There was no resolution ihen to con demn the President for a viola ion of the laws and the constitution! And it ws this Ltal resolution, which we now propose to expunge, vvliich did the principal part of the misc iief. t hat resolution was the root of the evil; the signal for panic meet ings, pjmic memor uds, pan : c deputations, panic speeches, and panic jubilees. That resolution, x- hibited in the Senate chamber, was the scarlet mantle of the consul, hung <;ut from his tent; ii was the signal for battle. That resol ttion, and the alarm speeches which attended it, was the tocsin which started a continent from its repose ! And the condemnation which followed it, and which left this chamber just in time to reach the New York, Virginia, and Connecticut elections, com pleted the effect upon the public mind, and upon the politics and commerce of the country, which the measures of the bank had been co-operating for three months to produce. And here he must express his especial, and eternal wonder, how all these movements of bank and Senate co-operating together, if not by arrangement, at least by a mo.st miraculous system of accidents, to endanger the political rights, and to injure the pecuniary inter ests of the people of the United States, could so far escape the observation of the investigating committee of the Senate, as not to draw from them the expression of one solitary opinion, the suggestion of one sirgle idea, the application r,f one single remark, to the prejudice of the bank. Surely they ought to have touched these scenes with something more than a few meager, stinted, and starved lines of faint allusion to the " new measures understood to be in contemplation,-" those new measures which were so falsely, so wickedlv fabricated to cover the preconcerted and preme- ditated plot to upset the Government by simulat ing the people to revolution, through the combin ed operations of pecuniary pressure and political ahrm. The table itself, Mr. B. said, was entitled to the gravest recollection, not only for the compari son which it suggested, but the fact of showing the actual progress and history of the removal of the deposites, and blasting the whole story of the President s hostility to the bank. From this table it is seen that the deposites, in point of fact, have 19 al, so far as it went, was gradual and gentle; tha* pect any indulgence, or clemency at its hand*, an average of three millions has alw.ys been there; that nearly four millions was there on the and thi Directors, opinion, if about which. entertained by the there can be fcut first day of January la-,t; and before these facts, j I .ttle question, subsequent events very soon the ftbVicated stry of the President s hostility to j proved they were not mistaken. The Pre- the bank, his vind ctiveness, and violent determi nation to prostrate, destroy, and ruin the institu tion, must fall back upon its authors, and recoil upon the heads of the inventois and propagators of such a groundless imputation. Mr. B. could give another fact to prove that it WAS the Senate and the Bank, and the Senate more than the Bank, which produced the distress during the last winter. It was this: thr.t although sident s address to his Cabinet; the tone as sumed by the Secretary, Mr. Taney, in his official communication to Congress, and the develope- ments subsequently made by Mr. Duane, in his address to the public, all confirm the correctness of this anticipation. The measure which the Bank had cause to fear was the accumulation by G >vernment of large masses of its notes, and the existence thereby of heavy demands against its the curtailments of the Bank were much larger offices. (p. 16.) " In persevering in its policy both before and after the session of Congress, yet j of redeeming its notes whenever presented, and there was no distress in the country, except dur thereby continuing them as a universal medium of the session, and while the alarm speeches were a course of delivery on this floor. Thus, the exchange, in opposition to complaints on that head from some of the branches, i^see copies of curtailment from the first of August to the first of correspondence,) the security of the institution, October, was 4,066,000; trom the first of Octo- j and the good of the country, were alike promoted; her to the meeting of Congress in December, the \ The accumulation of the notes of any one branch curtailment w^-, 5,641,000; making #9,707,000 for the purpose of a run upon it by any agent of in four months; and no distress in the country, the Government, when specie might be obtained During the of Congress, seven moiiths, at the very places of collection, in exchange for there was a curtailment of $3,428,138; and during I the notes of the most distant branches, \v >uld this lime the distress raged. From tlie rise of j have been odious in the eyes of the public, and Congress, last of June, to the first of November, a j a-cribed to no other feeling than a feeling of vin^ period of four months, the curtai ment was I *Victiveness." p. 22. Upon these extracts, Mr. $5,270,771; and the word distress was not heard ! B. said it was clear that the committee had been in the country. Why: 1 because there were no j so unfortunate as to commit a series of mistakes, panic speeches. Congress had adjourned; and and every mistake to the advantage of the Bank, the Bank being left to its own resources, could and to the prejudice of the Government and the only injure individuals, but could not alarm and | country. First, the Government i> charged, for convulse the community. Mr. B. would finish this view of the conduct of the Bank in creating a wanton pressure by giving two instances; one was the case of the Deposite Bank intlvscity; the other was the case of a Sena tor opposed to the Bank. He said that the Branch Bank, at this place, had made a steady run upon the Metropolis Bank from the beginning to the ending of the panic session. The amount of spe cie which it had taken was $605,000; evidently for the purpose of blowing up the pet bank in this district; and during all that time the branch re fused to receive the notes, or branch drafts, of any other branch, or the notes of the mother Bank; or checks upon any city north of Baltimore. On the ptt bank in Baltimore it would take checks, be cause the design was to blow up that also. Here, said Mr. B. was a clear and flagrant case of pres sure for specie for the mere purpose of mischief, and of adclng the Metropolis Bank to the list of the the charge is clear, though slightly veiled, that President of the United States, in his vindic- tiveness against the Bank, would cause the notes of the branches to be accumulated, and pressed upon them to break them. N<.-xt, the committee omit to notice the very tiling actually done, in our very presence here, by the Bank of the United States against a deposite bank, wmch it charges without foundation upon the President. Then it credits the Bank with the honor of paying its notes every where, and exchanging the notes of the most distant branches for specie, when the case of the Metropolis Bank, here in our presence, for the whole period of the panic session, proves the contrary, and when we have a printed document of positive testimony from many banks, and brok ers, testifying (hat the branches in Baltimore and New York, during the fall of 1833, positively re fused to redeem the notes of other branches, ot to accept them in exchange for the notes of th/2 loc. those which stopped payment at that time. And j banks, though taken in payment of revenue, and here Mr. B. felt himself bound to pay his respects j that, in consequence, the notes of distant branches to the Committee of Finance, that went to examine I fell below par, and were sold at a discount, or the Bank last summer. That committee, at pages j lent for short periods without interest^on condi- 16 and 22 of their report, brought forward an un- tion of getting- specie for them; and that this founded charge against the Administration of mak- 1 tinned till Mr, Tanefccoerced the charge against the Administration of mak- tinned till Mr, Tanejfc ing runs upon the branches of the United States of transfer drafts, to cause the notes of her branch- Bank, to break them; while it had been silent with j es to be received and honored at other branci respect to a well-founded instance of mesamena-j usual^^n all tffls, Mr. B.^aid th^^port or the ture from the Bank of the United States towards { committee was most unfortunate; and showed the the Deposite Bank in this District. Their ten-| necessity fora new committee to ex.imin" gmge is: " The administrative department of the! institution;., a committee constitute 1 Government had manifested a spirit of decidedfn^ntar^pniiiljWfef^ ?i" TW^OT bos ility to the, Bank. It had no reason to ,- T - - ry,- like that, of the PC: biilcc, The crc. . such a committee, Mr. B. said, was the more ne cessary, as one of the main guards intended by the charter to be placed over the Bank, was not there during 1 the period of the pressure and panic ope rations; he alluded to the Government Director*! 1he history of whose rejection, after such long delays in the Senate to act on their nomination, is known to the whole country. The next instance of wanton pressure which Mr. B. would mention, was the case of an indivi dual, then a m mber of the F nate from Pennsyl vania, now Mhnis-er to St. Petersburg-, (Mr. Wil kins.) That gentleman had informed him, (Mr. B.) towards the close of the last session, that the Bank h:<d caused a scire facias to be served in his house, to the alarm and distress his u ife, to revive ajudgment against him, while he was here oppo sing 1 the Bank. [Mr. EWING, of Ohio, here rose, and wishrd to knew of Mr. R. whether it was the Bank of the United States that had issued this sctrc facias against Mr. Wilkins.] M. B. was very certain that it was. He recol lected not only the information, but the time, and the place, when and where it was given; it was the last days of the last session, and at the window beyond that door; (pointing to the door in the cornerbehind Ivm;) and he added, if there is any question to he raised, it can be settled without sending to Russia; the scire facias, if issued, will be of record in Pittsburg. Mr. B. then said, the cause of this conduct to Mr. Wilkins can be understood when it it is recollected that he had denied on this floor the existence of the great distress which had been depicted at Pittsburg; and the necessity that the Bank was under to push him at that time can be appreciated by seeing that two-and-fifty mem bers of Congrt ss, as reported by the Finance Com mittee, had received " accommodations" from the Bank add its branches in the same year that a Se nator, and a citizen of Pennsylvania, opposed to the Bank, was thus proceeded against.* Mr. B. returned to the resolution which it was proposed to expunge. He said it ought to go. It was the root of the evil, the father of the mischief, the source of the injury, the box of Pandora, which had filled the land with calamity and consternation for six long months. It was that resolution, far more than the conduct of the Bank, which raised the panic, sunk the price of property, crushed many merchants, impressed the country with the terror of an impending revolution, ani frightened so many good people out of the rational exercise of their elective franchise at the spring el> ciions. All these evils have now passed away. The pirnc has subsided; the price of produce, and property, has recovered from its cepression, a id risen be yond its former bounds. The country is tranquil, prospeiotis, and happy. The States which had been frightened from their propriety at the spring elections, have regained their self command. Now, with the total vanishing of its Affects, let the cause vanish also. Let this resolution, for the condem nation of President Jackson, be expunged from the journals of the Senate! Let it be effaced, erased, blotted out, obliterated from the face of that page on which it should never have been written! Would to God it could be expunged from the pag-e of all history, and from the memory of all mankind. Woul 1 that, so far as it is con cerned, the minds of the whole existing genera tion should be dipped in the fabulous and oblivi- cus waters of the river Lethe. But these wishes are vain. The resolution must survive and live. History will record it; memory will retain it; tradi tion will hand it down. In the very act of expur gation, it lives; for what is taken from one pag< j , is placed on another. All atonement for the unfor tunate and calamitous act of the Senate, is imper fect and inadequate. Expunge if we can; still the only t- fleet will be to express our solemn convic tions, by that obliteration, that such a resolution ought never to have soiled the pages of our jour nal. This is all that we can do; and this much we are bound to do, by every obi g-ation of justice to the President, whose name has been attainted; by every consideration of duty to the country, whose voice demands this reparation; by our regard to the constitution, which has been trampled under foot; by respect to the House of Representatives, whose function has been ururped; by self-respect, which requires the Senate to vindicate its justice, to correct its errors, and re-establish its high name for equity, dignity, and moderation. To err, is hu man; not to err, is divine; to correct error, is the work ofsupereminent, and also superhuman moral excellence; and this exalted work it now remains for the Senate to perform. * At pages 37 and 38 of the Report, the Finance Committee fully acquits the Bank of all injurious discriminations between borrowers and applicants, of different politics. i Gaylamount Pamphlet Binder aylord Bros., Inc. Stockton, Calif. .M.Reg. U.S. Pat. Off. 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