The Congressional Globe, Volume 10: Twenty-Seventh Congress, First Session Page: 47 of 972

                                
COJVCHEKfiSSIOIfAl. &L.OBE.
BY BLAIR & RIVES.
-WEEKLY-
50 CTS   PER EXTRA SESSION.
27th Cong..........1st Sess.
FEIDVY, JUNE 18, 1841.
Volume 10...........No. 3.
Continued from M> 9.
side of the House meant to contend for the State
bank system No. They intended to go into batile
under the noble flig of the Constitutional Treasury
He wasglad that the Senator!) '' been compelled to
say that if Ine Sub Treasury should be repealed,
the law of 1836 would be enforced If that law as
it now stood shoulu in practice be found impracti-
cable, tne diffisul y would fall chiefly on the South
and Southwest
Mr CLAY said he had never doubted that the
law of 1836 would revive, but, when he had in-
troduced h i bill to repeal the Sub Treasury, ha
had gi\ n notice that that was the first m a series,
and h:>d avowed, openl , his pre erence for a B ink
of the United States If, then, the law of 1836 did
revive in i s present foim, he huped it would be
but for a very snort üme Bu , if otherwise, it
mu>t undergo a comple e revision
Mr YOUNG, or Illinois, pioposed to amend
the bill fir >, oy inserting the w< rds  "neglect
or" be ore ihe word 'refuse," m the clause
making a refu al to pay over public moneys to
the oroer of Government prima face evidence
of eubfrz ement, \ a eh amendment was ac-
cepted by flPr Clay, and adopted by the
feenate and m t e ..-cond place further to
amend he tul i' such a manner as to provide that
if an agent of f e Government, p evious to his re-
fusal to pay over the public mo-icy, should pat bis
property oui of us nauds by asjignmen' or other
conveyance, that act should be pronounced a fe-
lony, anl sublet him to all the peiaUíes of embez-
z'ement
Mr CLAY b idheco^ilnotagtee to this amend-
ment He Ac u at i' pushed the pen d pnncip e
rather too far To '&,ia e ihe fia—uUut convej-
ance ot nroperc   felony was gon g bey ond any
law with wi ic_« ne was acquainted, ard mere migo ,
besides, -maii- ca e¿ i«ere t"e Met of convey
anee was dou j t_u.
Mr Y JUNG on erved that tne else wis one cf
very frequent cecarrence, at least m the West, ai 1
some paai mar-it ought to oe provi^ d lor t It
gentle n^n «oj J r ot ac larc 11 f„lom, would the}
consentth^t t nouid be held as acor-sp racy to d~
friud the Jnitcd otatt '
Mr HLNTIVG10N admittel t<i 1 d was very
desirable 5 p 'vta* such í  uds, Lat the coui s
were open, an^ le Loug, «uuJ rriVi e a suffi-
cient renjeely At a 1 eve"1 , oe could not consent
to declare j. f ai dulent eoi veyaace felony
Tiearneidr t was rejected
Mr Bl.h1' j.i moved the following amend-
ment
And proud d fin her ft t efoHow.rg sections
and pars oí ai e 1 'nib exc , cirom this
repealand s*ail teiii 11 r id co iti ue nfo'ce, to
wit Seci>islJini21 ect "l 21, section 25, S°i-
tion 2 and & 1 ¡:io tt  l7 js^c' on i •> make., it
felon), 11 n sbjr ng ofh °rs and p^siiis connected
■with tie Po t Oice De^r'ment to use the pub-
lic morey for ta=i o ni or o a-r f arpo  s, anda
neglect or refuoal to pay ote* puolc moneys en
demanl or n trailer or d.sbarse them shall be
prtntafi it ev  "lie c" ar caibezz ement of the
ame
And he a lied thi  U • q    st 1*1 be ■  vided, a a
that a ^o„e be t \<-   0*1 evh question by yeas ai d
nays an 1 they we e oide ed by    e Senate
The questtc n 1 eing ib mi U be taken,
M' BUCtilNAN   a.dtbat, at'bissngeof the
ducussion on the pieo-nit bul, his p"cuhar p«stt on
r°qu 'ed til** he s lould wake a verj few ob ervp
uon-    lams  op n 01 ha nan mgenaity could not
devise auenr abelppw 1 mla   Indeptr-
d°ntTre    iiy io«- c 1 ec in, , s f      cur?,   i.ijs-
ieiing, fi tdi   uiatog tac pji      1 ven1''     In rr-
d°r tJien *r it retfectfher    « 'n   t averyl^v
amendm* t    rtqi ltd    In rtsraid   10  the   ^ c-
clause—as it Lid h en called—uo ! ei c?td t' ■> , w
«  piacucal opera ou, it would ex 1011 a mest
salutary influence on the barks and the business of
the country. But ¡he dec"e« had gone for h, aid
the Independent Treasury was des med to destruc-
tion. He had been nstructed by the Legislatuie of
Pennsylvania to vote for >ts lepeai, and he had
anxiou^y considered what was tae proper course
for him to pursu . The only alternatives with
him were obedience or res gnation This princi
pie he had often avowed If by resigning his seat
in the Senate and retiring from public life forever,
he <"-,uid preserve the Independent Treasury tn ex-
istence, and prevent the est bhsiment op another
Bank of the United Stat s, he would make the
sacrifice wuh mor<> pleasure thai he had ever dis-
charged any other poolc dety Sjcn a  acrifi-e
would indeed b  tr flipg woen cor"p?ied with the
public benefits which it would purcha e Bat
nothing could no*f prexent the repeal of the Inde-
pendent Treasury With or without his vote, it
wot Id be cained by a large majority Under th se
crcu'istances, he had determined to obey the in-
struct ons, as he h d done once bed re on a
similar occasion, pud not resign his «eat m the
Senate. Oi e powerful iei on \ hy he should
thub act, arose fiom ihe f?ct h^i t<<> Lególa
ture bad not \entured tu us u^t hm to vu e
for a National Barn . Tl  y Me 1 kn w he ne^er
would have obeyed si/ such instruction He
was «till free to eiert all ni ieeb1^ aoi 1 íes agai st
the es-tab ishment ot a Na tonel Baih, which he
believed to b° uticoi sutüt>onal aid en n->ntly dan-
gerous to the puuty of o«- Repib iccn institu-
tions A" h  h id deteffl ned to obey, he =hou! 1 do
so in good ísitn, ana woul ¡ of c Uise vote pga r t
at1 the amendrren s propo  d by bis inend ftom
Mis ou 1, [Mr Benton,] so f*i as the, wpi' p r-
tions of tne present lude, eiu 1 T ea ury la v.
H^ considered bi-ni-elt as ac ing iierelv in tl cha-
rac "t of an 8genf 0f the L aiMaiure in tiving t! ese
vo es an'not, in an^ degree, upT h s 0w 1 per-
sonal responsib lit/
Tne question was  then taiten on  the folbwirg
amendmeni
^ííiií be it firlhei ewehd, That fo"i and af-
ter ne tn rt th dav ot Juie, whici «ill be in
the yeir oiv thousand eisht hurd ed ar> 1 for y,
the resou'icr of Co"gre <? 01 tne t"- ii^ih day
of Apn', m the >e r tie thou ai I eight hundred
ari si\ eu, >-o far as it au hor z s he recent
in payment of duties f>xe , ^al s of public lands,
debts, andfaUfsOi men >, ac uirig e becom nj,
p«>ab'e 10 the Uii  d Sates, t" b° cotleet'd a d
paid m tae no es Ci pecie n.\ng ba*i , s^dl be
so mot'ified fs th^f one 'burih part cf rH such du-
t to, taxe-, «ale of pih ia S«rd , debts, and sums
ot mo ity accruing c r becoming d 10 to th- United
S a'esshill le co letted in be !c ilcuriency of le
U 11 el States and fioi 1 ?nd after ten n 'v
or June, wn ci ' ill be n the Ma 0 ■> h a a d
eig t ford ed a id t t> 01 c o->, 1 dier to j <h part
ofi itch dui 1 \  , ^ les if pixbi" land ,
ceb s .jpd'sitn cf mc-cy, si, 1 oe si coliectc1,
a-^dtnat treo anl dt'er tie 1 1 1 1 "> / of Jase,
whicrt vi) bp m u e \ t ar ot e ¡ ion«and ^igh hur-
d ed and forty tuo, OD'i'fe'iuth; Hoi alisu"h
eat "s, tsxes "a1 s °f pdb'ic ' d , deDts and sums
ot n eúej «d be *o cd C c, ?ra that fiom a^d
sh the t* ¡,eh 'ty of J >ns Jhicn Viilbs u'he
ye^r one 11 as?nd i°i an"1! nd fo t>- liw,
the rema ring fecu h p"it o t * said dimes, taxes
'ales of public iaids, deb s, ^dd «ams of money,
«hail be Jso collected 111 the Lgi' cuneney of the
Ur.t d States, and *> íp and a tei the 1  t men-
tí n-d day, al! «un s % 1 nng,o becoming payal ie
to the Un  dS tp 1 "aJ'te.t -i , s 1 o pub
1 3 n Is, or oth "bt , 1 1 ■ ? m^ d 5  tor
pos  <■ , e             i e, *     1 e ut    c   '  To    ( ffic-
p    A tr     t         ijep   'nflu      ^     1 ei onl .
$Le 23 . rdb" itf itk't er c ' Thntiioma d
at erthe ibit1 e> dtyotJuie, bteh \ 1' be n the
yrai ore lOi'iiUgutitiii' anJ  oriV- hree,
eve.y otUcn ot abeit e gaged   1 taking disoirse
ments on account of the United States, or of the
General Post Office, shall maite all payments in
gold and silver com only, and any receiving or dis-
bursing officer, or agent, who shall neglect, evade,
or violate, the provisions of this and the last pre-
ceding section of this act, shall, by the Secretary
of the Treasury, be immediately reported to the
President of the United States, with the facts of
such neglect, evasion, or violation, and also to
Congress, if in session, and if not m session, at the
commencement of its session next after the viola-
tion ta'tes place
And was rejected—ayes 16, noes 30, as fol-
io*   •
YEAS—Messrs Allen, Benton, Calhoun, Clay
of Alabama, Pulton, King, McRoberts, Pierce,
Sevier, Smith of Connecticut, Sturgeon, Tappan,
Walker, Woodbury, Wnght, and Young—16.
NAYS—Messrs Archer, Barrow, Bates, Bayard,
Bsinen, Buchanan, Choate, Clay of Kentucky,
Clayton, Dixon, Evans, Graham, Henderson, Hun-
tington, Ker, Mangurr<, Merrick, Miller, Morehead,
Phelps, Porter, Prentiss Preston, Rives, Simmons,
Smuh of Indiana, Southard, Tallmadge, White,
and Woodbridge—30.
The question was then taken on the following
amendment
Jlnd be it further enacted, That no exchange
01 funds chall be made by any disbursing offlj
cers, or agen s, of the Government, of any grade
or denomination vhatsoever, or connected withany
bra ich of the public s rvice, other than an ex-
change for g Id and silver, and every such dis-
bursing offic-r, when the means for his disburse-
ments are furnished to him in currency legally re-
ceivable under the provi ions of this act, shall make
his payments m the currency so furnished, or when
those ireins are formsh«d to- him in drafts, shall
cause those drafts to be presented at their place of
payment and properly paid according to the law,
&i { shall make his payments m the currency so re-
ceived for the drafts furnished, unless in either
ca e he can exchange the means in his hands for
gold and silver at par, and so as to facilitate his
pa j meats or otherwise accommodate the public
serv ce ai d promote the circulation of a metallic
currency, And it shall be, and is hereby made, the
day of the b ad of th? proper department imme-
diately to suspend from duty any disbur&ing officer
who shall violate the prov sionsof th s section, and
for hwith to report the name of the officer, or agent,
to tne President, with the fact of the violation and
11 the circumstances accompanying the same and
within the knowledge of the said Secretary, to the
end that such officer, or agent, may be promptly
rtmov d Irom orne, or restored to his trust and
the pe^Oiimac  of his duties, as to the President
may «eem ]«st and proper
And was decided in the negative—ayes 16, noes
30, as follows
YEAS—Messrs Allen, B-nton, Calhoun, Clay
of Alabama, Fulton, King, McRoberts, Pierce,
S*vier, S mth of Connecticut, Sturgeon, Tappan,
Wa ser, Woodbury, Wright, and Young—16.
£i %.YS—Messrs Archer, Barrow, Bates, Bayard,
B uen, Bucha-ian, Choate, Clay of Kentucky,
Cla>ton, Diion, Evans, Graham, Henderson,
Ranting on, Ker, Mans-ura, Merrick, Miller,
rvlorehead, Phelps Porter, Prentiss, Preston,
Riv-s, Simmons Smith of Indiana, Southard,
Ta I radge, White, and Woolbndge—-30.
The question was then taken on the following
amendment
And be if further enacted, That the Treasurer
of the Undid States be, and he is hereby, au-
thor -ed to receive at the Treasury, and at such
01 er punts ?she may designate, payments m ad-
va .ce f r pi bhc lands the payments so made,
in ill ei«es fo be evidenced by the íeceipt of the
said Tieasurerot the United States, which receipts
so given, shall be receivable for public lands, at
any pub'tc or private sale of lands, in the same