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On motion, by Mr. GREGG, to amend the amendment reported by the select committee, which report goes to strike out the sixth section, and to retain the said sixth section amended, as follows: "That the President of the United States be, and he is hereby, authorized to remove the Military Academy from West Point, and to establish the same at Carlisle, in the State of Pennsylvania."

It was determined in the negative-yeas 16, nays 17, as follows:

YEAS-Messrs. Anderson, Bayard, Brent, Campbell, Champlin, Clay, Franklin, Gaillard, Gregg, Lloyd, Pope, Tait, Taylor, Turner, Whiteside, and Worthington.

NAYS-Messrs. Bradley, Condit, Crawford, Cutts, Dana, German, Gilman, Goodrich, Horsey, Lambert, Leib, Mathewson, Pickering, Reed, Robinson, Smith of Maryland, and Smith of New York.

And on the question to agree to the report of the select committee which goes to strike out the sixth section of the original bill, and to substitute the amendment reported, amended as follows:

"SEC. 6. And be it further enacted, That the 27th section of the act, entitled 'An act fixing the Military Peace Establishment,' passed the 16th day of March, one thousand eight hundred and two, and that so much of the 26th section of the said act, as confines the selection of the commander of the Corps of Engineers to the said corps, be, and the same are hereby repealed:"

It was determined in the affirmative-yeas 19, nays 14, as follows:

YEAS-Messrs. Anderson, Bayard, Bradley, Brent, Campbell, Champlin, Clay, Crawford, Franklin, Gaillard, Gregg, Horsey, Lloyd, Pope, Tait, Taylor, Tur

ner, Whiteside, and Worthington.

NAYS-Messrs. Condit, Cutts, Dana, German, Gilman, Goodrich, Lambert, Leib, Mathewson, Pickering, Reed, Robinson, Smith of Maryland, and Smith of New York.

On motion, by Mr. SMITH, of Maryland, to strike out of the amendment last agreed to, from the word "enacted," in the first line, to the word "and." in the second instance, inclusive; it was determined in the negative-yeas 15, nays 18, as follows:

YEAS-Messsrs. Condit, Cutts, Dana, German, Gilman, Goodrich, Lambert, Leib, Lloyd, Mathewson, Pickering, Reed, Robinson, Smith of Maryland, and Smith of New York.

NAYS-Messrs. Anderson, Bayard, Brent, Campbell, Champlin, Clay, Crawford, Franklin, Gaillard, Gregg, Horsey, Pope, Tait, Taylor, Turner, Whiteside, and Worthington.

And the PRESIDENT reported the bill to the House as amended.

SENATE.

NAYS-Messrs. Campbell, Condit, Dana, German, Gilman, Goodrich, Gregg, Lambert, Leib, Lloyd, Mathewson, Pickering, Reed, Robinson, and Smith of Maryland.

On the question, Shall this bill be engrossed and read a third time as amended? it was determined in the affirmative.

BANK OF THE UNITED STATES.

Mr. LEIB presented the petition of a number of the citizens of Pittsburg, praying that the charter of the Bank of the United States may not be renewed, for reasons therein stated; and the petition was read, and referred to the committee appointed the 18th of December on the petition of the President and Directors of the Bank of the United States on the same subject. The memorial is as follows:

The memorial of the inhabitants of Pittsburg, Pennsylvania, against the renewal of the Charter of the United States' Bank, to the Senate and House of Representatives in Congress of the United States, respectfully showeth:

That your memorialists are "the People of the United States," from whom emanates all the power which you possess; that we have appointed you to guard, not to alienate our rights; that our Constitution never authorized Congress to establish a bank, under the control of individuals, for their own benefit, or to alienate the power of the purse more than the power of the sword. The act of February, 1791, chartering the bank, might, with equal justice and safety, have given to a corporation the power of the Army, with its appointments.

of Revolutionary light, one-half of the delegated power of the nation was given to a company, independent of our suffrages; but we rejoice that its charter will be terminated with your present session, and that it cannot be revived, provided the Congress shall be, as it Revolution, and to the clear dictates of our Constiprofesses, attached to the eternal principles of our

We feel deeply humbled, that, under the full blaze

tution..

After the Bank of the United States had enjoyed twenty years of prosperity, had divided, in that term, four millions over six per cent., and had held in bondage thousands of our citizens, who dared not to act according to their consciences, from fear of offending the British stockholders and Federal directors, we had hoped that they would have quietly closed their concerns, and waited for another turn of fortune, till other classes of citizens of, at least, equal merit, had each shared their four millions; but we have seen, with indignation, a studied delay in the collections of that bank, indicating a determination to gain a renewal under stress of weather; a studied pressure on individuals and on State banks, in order to gain aux

iliaries; and a studied memorial, containing, in smooth language, the most daring insults on the dignity and independence of a free people.

On motion, by Mr. BRADLEY, further to amend the original bill, section 5, line 4, by inserting, after the word "buildings," "at such place as The memorial makes no direct claim of right to reshall be designated by the President of the Uni-newal, but it recounts many works of righteousness, ted States, and"-it was determined in the affirm-which we beg leave to examine. It opens a modest ative-yeas 17, nays 15, as follows:

YEAS-Messrs. Anderson, Bayard, Bradley, Brent, Champlin, Clay, Crawford, Cutts, Franklin, Gaillard, Horsey, Pope, Smith of New York, Tait, Taylor, Turner, and Worthington.

proposal for the surrender of our independence, by declaring that the bank had continued business for public good, and under an impression that the general interest would require a renewal of the charter! It next compliments your honors on a degree of superior in

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formation, which the stockholders are not in the habit of attributing. It then craves for the bank much of the credit really due to the actual labor and skill of your memorialists. While we have been traversing the ocean, or improving the earth, or advancing the arts, they have been dividing more than eight per cent. for all facilities, and, after this dividend, will have, on winding up, a balance in their favor, over the amount of capital, of $4,711,236.

FEBRUARY, 1811.

there could have been no occasion of presenting it; but you, in your wisdom and superior intelligence, would have humbly petitioned David Lenox, president, and the directors and stockholders of the United States' Bank, to please to accept a renewal of their charter for eternity, or such shorter term as their honors should appoint.

But that memorial does not contain the whole truth. All its claims for services are more than balanced by enormous profits. Its threats of ruin to our establish

Though the United States' Bank has derived its breath and daily support from the bounty and long-ments, in case of winding up, are balanced by the consuffering of the Congress, yet the memorial opens an unexpected score of debits, against the Government and People, which nothing short of renewal can discharge; and if the debits be correct, the new score for twenty years will be far beyond our ability. The bank has accommodated individuals, State banks, the commercial, manufacturing, and agricultural interests, and the National Treasury. It has removed specie to places where it was wanted, and has divided only eight and one fourth per cent. for all these sacrifices to public good! It has furnished places of deposite for millions of the public money, and has suffered the inconvenience of lending, on this deposite, for their own benefit. It has patriotically lent to Government its paper, which drew no interest, and received in exchange Government paper, drawing an interest. It has even suffered the Government to receive its paper for all bonds and dues. "It has, for the accommodation of the Government, established branches at places disadvantageous to its business, and from which no profit was expected to be derived."

sideration, that, in their collections of fifteen millions, the stockholders will consult their own interest; they will not collect beyond the ability of their debtors; they will prefer the paper of State banks to private notes; and they will not press the State banks, so as to prevent their aiding the debtors of the United States' Bank. Whenever this bank shall withdraw from circulating medium its five millions in bills, it must pay for those five millions in specie, or the bills of State banks, in either of which cases the circulating medium will be restored. Whenever the deposites of more than four millions shall be withdrawn from its vaults, they will be either thrown into circulation, or placed in other banks. As to their being drawn from the country, let it be recollected that foreigners do not place their funds here, to remain inactive, merely because the United States' Bank is a safe place of deposite. But a portion of the deposite is by debtors of the bank, who will easily adopt a mode of transferring them in the ledger. As to the withdrawing of seven millions by foreigners, we cannot flatter ourselves with the prospect; but, if that should be the case, the Government can supply its place with paper, which will answer all the purposes of specie for all business, within our own country. We regard the repeated Loans. alarms in the memorial as not only groundless, but as $998,859 a kind of threatening, ill suited to your dignity and 4,175,847 our independence.

Permit your memorialists to pause, and, by a view of the capital and loans of the branches of the United States' Bank, to estimate the value of this last claim on the Government.

Boston

New York

Baltimore

Washington

Norfolk

Charleston

Savannah

New Orleans

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Capital.
$700,000
1,800,000

600,000
200,000
600,000
600,000
500,000
300,000

5,300,000

1,349,550 The bank memorial is a public declaration that the 485,285 Government and People of the United States are held 880,170 in duress by the memorialists, and that the continu1,409,916 ance of our independence rests on their willingness to 1,054,113 continue their bank operations. It contains an insult611,516 ing history of favors to us, greater than their royal master ever urged upon the colonies. It declares that, in the management of the power of the purse, for twenty years, it has done everything for us, and has rendered itself necessary to our future existence. Its silent language is, "though we fail to conquer you by the sword, we hold you suspended by the purse strings. We demand your gratitude for such use of our funds as we have condescended to permit you to pay for; and now, if the power is to be withdrawn from us, all your establishments of commerce, finance, agriculture, and the arts, shall fall with us."

10,965,256 Nearly eleven millions lent on a capital of five millions three hundred thousand! A serious disappointment to men who expected no profit. Republics are said to be ungrateful. We are certainly so on the present occasion.

The memorial next proceeds to associate the bank with the Government, claiming to be a necessary and indivisible part of it, showing the insufficiency of State banks to answer the dignified purposes of their institution; and, after repeating, for the tenth time, the awful calamities awaiting their dissolution, they commend the hard case of moneyed aristocracies and of rich widows and orphans, interested in their stock, to the wisdom and justice of the Legislature. They again hold up the awful terrors of "a general derangement of credit," and pray for a renewal of their charter.

Now, may it please the Congress, this bank memorial is for a grant, worth, to the stockholders, six millions, and to federalism and British influence sixty millions; and if the memorial contained the truth,

This language is not from a band of patriots, who undertook to aid the nation, in the first struggles of self-government, but of men, who, by subtlety and intercession, obtained a charter, and who have become masters of the head-waters of corruption, through the ill-placed bounty of the first Congress. Their delay to close their affairs, according to law, was not for public good, but in preparation for a sudden onset upon a short session of your honorable body. Hence their well-timed subscriptions to some Republican presses. Hence the silence of Federal pressos, lest discussion should awake, in your constituents, the spirit of 1776. Hence the artificial depression of stock, not in market,

FEBRUARY, 1811.

Bank of the United States.

SENATE.

and the petitions from interested companies and indi- The Senate resumed, as in Committee of the viduals crowding upon you. Hence the thronging of Whole, the bill making further provisions for the your avenues, and the artful sounding of every Sena- disposal of the sections of land heretofore reservtor and member. Hence the intimations, that a mil-ed for the future disposition of Congress, and for lion and quarter should be placed in your Treasury, as other purposes." a consideration for the ruin of your constituents; and hence the shameless assertion, that our President, who

gained his elevation by his able opposition to the charter of the bank, and other ruinous measures, is now in

favor of renewal.

The bank memorial, with its accompaniments, is an alarming commentary on the original charter. The actual depreciation of our silver and gold, by the United States' Bank, is not to be compared with the attempt to depreciate the sterling virtue and republican integrity of our people.

HENRY PHILLIPS,
JOSEPH MCCLURG,
And seventy-eight others.

TUESDAY, February 5.

The bill making a further distribution of such laws of the United States as respect the public

lands was read the second time.

Mr. CUTTS, from the committee, reported the bill making further provision for the Corps of Engineers correctly engrossed; and the bill was taken up; and,

On motion, by Mr. ANDERSON, recommitted to a select committee, to consist of five members, further to consider and report thereon; and Messrs. ANDERSON, CRAWFORD, GERMAN, SMITH, of Maryland, and BRENT, were appointed the committee.

Mr. ANDERSON, from the committee appointed the 24th January to consider the subject, reported a bill authorizing the sale and grant of a certain quantity of public land to the Havre de Grace Bridge Company; and the bill was read, and passed to a second reading.

On motion, by Mr. SMITH, of Maryland, it was agreed that the consideration thereof be further postponed, and be made the order of the day for

to-morrow.

The Senate resumed the bill, entitled "An act concerning the Bank of Alexandria."

Ordered, That it pass to a third reading. The bill, entitled "An act making appropriations for the support of the Navy of the United States for the year one thousand eight hundred and eleven, was read the third time, and passed.

BANK OF THE UNITED STATES.

Mr. CRAWFORD reported a bill to amend and continue in force an act, entitled "An act to inUnited States," passed on the 25th day of Februcorporate the subscribers to the Bank of the ary, 1791; which passed to a second reading.

tions:

[The first section continues the act of 1791, until the 4th of March, 1831, subject to the following condiSec. 2. The bank to pay into the Treasury, on or be fore the 4st October,- dollars.

Sec. 4. Bank to pay the United States three per cent. on all sums above one million, which shall be deposited by the United States for more than one year.

Sec. 5. Capital may be increased by the United States 12,500 shares, not exceeding 2,500 in each year.

Sec. 6. United States to have the right to appoint directors in proportion to the amount of stock they may hold.

Sec. 7. Present President and Directors may serve until the 1st Monday in January, 1812.

Sec. 8. Citizens, bona fide stockholders, alone to vote for directors to attend meetings.

Sec. 9. Bank permitted to hold property under certain limitations.

the amount of capital stock paid in.
Sec. 10. Not to issue notes to greater amount than

Sec. 11. The officer at the head of the Treasury De

The Senate resumed the bill, entitled "An act to enable the people of the Territory of Orleans to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes;" and, on motion, by Mr.partment shall have the right to inspect books, &c. BAYARD, it was agreed that the consideration thereof be further postponed and made the order of the day for to-morrow.

The Senate resumed, as in Committee of the Whole, the bill, entitled "An act providing for the final adjustment of claims to lands, and for the sale of the public lands in the Territories of Orleans and Louisiana; and, having agreed to the amendments reported by the select committee, the President reported the bill to the House accordingly. On the question, Shall this bill be read the third time as amended? it was determined in the affirmative.

Sec. 12. Act to punish frauds on the bank continued in force.

Sec. 13. This act to be void if terms not accepted within three months.

Sec. 14. So much of act of 1791 repealed as pledges Congress to grant a charter to no other bank during the continuance of this corporation.]

Mr. CRAWFORD also communicated a letter from the Chairman of the Committee to the Secretary of the Treasury, together with the answer of the Secretary thereto on the subject of the Bank of the United States, as follows:

SENATE CHAMBER, Jan. 29, 1811. SIR: The committee of the Senate to whom has

The Senate resumed, as in Committee of the been referred the memorial of the President and Direc Whole, the bill to enable the Georgetown Poto-tors of the Bank of the United States, praying for a mac Bridge Company to levy money for the object of its incorporation. On the question, Shall this bill be engrossed and read a third time? the votes being equal, the PRESIDENT determined the question in the affirmative.

renewal of their charter, have directed me to request you to state to the committee, whether, in your opin ion, the renewal of the said charter will not greatly facilitate the collection of the revenue, and promote the public welfare. In complying with this request, it

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is expected that you will furnish the committee with the facts and reasoning upon which your opinion has been formed, together with such other information upon this subject as may be in your possession.

I am, sir, respectfully, your most obedient and very humble servant,

WM. H. CRAWFORD.

To the Hon. ALBERT GALLATIN.

TREASURY DEPARTMENT,

January 30, 1811. SIR: Having already, in a report to the Senate of 2d March, 1809, expressed my opinion in favor of a renewal of the charter of the Bank of the United States, an opinion which remains unchanged, I can only add a few explanatory remarks in answer to the inquiries of the committee as stated in your letter of yesterday. The banking system is now firmly established, and, in its ramifications, extends to every part of the United States. Under that system, the assistance of banks appears to me necessary for the punctual collection of the revenue, and for the safe-keeping and transmission of public moneys. That the punctuality of payments is principally due to banks, is a fact generally acknowledged. It is, to a certain degree, enforced by the refusal of credit at the custom-house, so long as a former revenue bond actually due remains unpaid. But I think, nevertheless, that, in order to insure that precision in the collection, on which depends a corresponding discharge of the public engagements, it would, if no use was made of banks, be found necessary to abolish altogether the credit now given on the payment of duties; a measure which would affect the commercial capital, and fall heavily on the consumers. That the public moneys are safer by being weekly deposited in banks, instead of accumulating in the hands of collectors, is self-evident. And their transmission, whenever this may be wanted for the purpose of making payments in other places than those of collection, cannot, with any convenience, be effected on a large scale in an extensive country, except through the medium of banks, or of persons acting as bankers.

The question, therefore, is, whether a bank incorporated by the United States, or a number of banks incorporated by the several States, be most convenient for those purposes.

State banks may be used, and must, in case of a non-renewal of the charter, be used by the Treasury. Preparatory arrangements have already been made to that effect; and it is believed that the ordinary business will be transacted through their medium, with less convenience, and, in some respects, with perhaps less safety than at present, but without any insuperable difficulty. The difference with respect to safety results from the organization of the Bank of the United States, by which it is responsible for the money deposited in any of its branches, while each of the State banks which may be employed will be responsible only for the sums in its own hands. Thus the Bank of the United States is now answerable for the moneys collected at New Orleans, and deposited there in its branch, a security which will be lost under a different arrangement. Nor will the United States have any other control over the manner in which the business of the banks may be conducted, than what may result from the power of withdrawing the public deposites; and they will lose that which a charter or a dependence on the General Government for a charter now gives over the Bank of the United States. The facility of obtaining such accommodations as may at times be

FEBRUARY, 1811.

wanted, will, for the same reason, be lessened, and the national power will to that extent be impaired. It may be added that, even for the ordinary business of receiving and transmitting public moneys, the use of a State bank may be forbidden by the State, and that loans to the United States, are, by many of the charters, forbidden, without a special permission from the State.

As it is not perceived, on the other hand, that a single advantage will accrue to the public from the change, no reason presents itself, on the grounds of expediency, why an untried system should be substituted to one under which the Treasury business has so long been conducted with perfect security to the United States, and great convenience not only to the officers but also to all those who have had payments of a public nature

to make or to receive.

It does not seem necessary to advert to the particular objections made against the present charter, as these may easily be obviated by proper alterations. What has been called a National Bank, or, in other words, a new Bank of the United States, instead of the existing one, may be obtained by such alterations. The capital may be extended and more equally distributed; new stockholders may be substituted to the foreigners, as had been suggested in the report of the 2d March, 1809; and any other modifications, which may be thought expedient, may be introduced, without interrupting the operations of the institution now in force, and without disturbing all the commercial concerns of the country.

If, indeed, the Bank of the United States could be removed without affecting either its numerous debtors, the other moneyed institutions, or the circulation of the country, the ordinary fiscal operations of Government would not be materially deranged, and might be carried on by means of another general bank, or of State banks. But the transition will be attended with much individual, and, probably, with no inconsiderable public injury. It is impossible that an institution which circulates thirteen millions of dollars, and to whom the merchants owe fourteen, should terminate its operations, particularly in the present unfavorable state of the American commerce, and after the great losses lately experienced abroad, without giving a serious shock to commercial, banking, and national credit. It is not intended to overrate the extent of an evil which there are no certain data to appreciate. And, without expatiating on the fatal and unavoidable effects on its dividends, without dwelling on the inconvenience of repaying, at this time, to Europe a capital of seven millions, and without adverting to other possible dangers of a more general nature, it appears sufficient to state that the same body of men who owe fourteen millions of dollars to the bank, owe also ten or twelve to the United States, on which the receipts into the Treasury for this year altogether depend; and that, exclusively of absolute failures, it is improbable that both debts can be punctually paid at the same time. Nor must it be forgotten that the approaching non-importation will considerably lessen the efficiency of the provision by which subsequent credits are refused to importers who have not discharged former revenue bonds. Upon the whole, a perfect conviction is felt, that, in the critical situation of the country, new evils ought not to be superadded, and a perilous experiment be attempted, unless required by an imperious necessity.

In these hasty remarks, I have not adverted to the question of constitutionality, which is not a subject of

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discussion for the Secretary of the Treasury. Permit me, however, for my own sake, simply to state, that the bank charter, having for a number of years been acted upon or acquiesced in as if Constitutional by all the constituted authorities of the nation, and thinking myself the use of banks to be at present necessary for the exercise of the legitimate powers of the General Government, the continuation of the Bank of the Uni

ted States has not, in the view which I have been able to take of the subject, appeared to me to be unconstitu

tional.

I have the honor to be, respectfully, sir, your obedi

ent servant,

ALBERT GALLATIN. Hon. Wм. H. CRAWFORD, Chairman.

WEDNESDAY, February 6.

Mr. BRADLEY presented the petition of Charlotte Hazen, relict of the late Brigadier General Moses Hazen, praying a grant of land may be made to her, as a Canadian refugee, or that a small addition, in lieu thereof, may be added to her present pension from Congress, for reasons stated at large in the petition; which was read, and referred to a select committee, to consider and report thereon by bill or otherwise; and Messrs. BRADLEY, FRANKLIN, and GERMAN, were appointed the committee.

Mr. B., also, presented the memorial of James Wilkinson, stating that he has made sundry advances of money in the course of his military service, for which, no provision having been made by law, he cannot obtain credit therefor at the proper accounting offices; and that he is improperly charged on the books of the War Department with disbursements made by him in the prosecution of certain orders from the Executive, and praying relief, for reasons therein mentioned; and the memorial was read, and referred to a select committee, to consider and report thereon, by bill or otherwise; and Messrs. BRADLEY, CAMPBELL, and GREGG, were appointed the committee.

Mr. ANDERSON, from the committee to whom was referred "the bill making further provision for the Corps of Engineers," reported it with amendments; which were read.

A message from the House of Representatives informed the Senate that they have passed the bill, entitled "An act making compensation to John Eugene Leitzendorfer, for services rendered the United States in the war with Tripoli," with an amendment, in which they request the concurrence of the Senate. The House have passed a bill, entitled 'An act for the relief of Richard Tervin, William Coleman, Edwin Lewis, Samuel Mims, Joseph Wilson, and the Baptist Church at Salem Meeting-house, in the Mississippi Territory; also, a bill, entitled "An act providing for the sale of a tract of land lying in the State of Tennessee, and a tract in the Indiana Territory;" in which bills they request the concurrence of the Senate.

The bills last brought up for concurrence were read, and passed to the second reading.

The amendment of the House of Representatives to the bill, entitled "An act making com

SENATE.

pensation to John Eugene Leitzendorfer, for services rendered the United States in the war with Tripoli," was read.

Mr. CRAWFORD, from the committee appointed on the subject, reported a bill to authorize the payment of certain certificates, credits, and pensions, and for other purposes. And the bill was read and passed to the second reading.

The bill entitled, "An act concerning the Bank of Alexandria," was read the third time and passed.

The Senate resumed, as in Committee of the Whole, the bill, entitled "An act making appropriations for the support of Government for the year one thousand eight hundred and eleven;" and having agreed to the amendment, on motion, by Mr. CAMPBELL, it was agreed that the further consideration of the bill be postponed until tomorrow.

The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate of the United States:

I transmit to the Senate a report of the Secretary of State, complying with their resolution of the first instant. JAMES MADISON. FEBRUARY 5, 1811.

The Message and report were read, and ordered to be printed for the use of the Senate.

The Senate resumed as in Committee of the Whole, the bill making further provisions for the disposal of the sections of land, heretofore reserved for the future disposition of Congress, and for other purposes;" and after progress, it was agreed that the consideration thereof be further postponed until to-morrow.

The bill, entitled "An act providing for the final adjustment of claims to lands, and for the sale of public land in the Territories of Orleans and Louisiana," was read the third time as amended. Resolved, That this bill pass with amendments.

THURSDAY, February 7.

The bill to amend and continue in force an act, entitled "An act to incorporate the subscribers to the Bank of the United States," passed on the twenty-fifth day of February, one thousand seven hundred and ninety-one, was read the second time, and on motion, by Mr. CRAWFORD, it was agreed that the further consideration thereof be made the order of the day for Monday next.

The bill to authorize the payment of certain certificates, credits, and pensions, and for other purposes, was read the second time.

Mr. ANDERSON gave notice that to-morrow he should ask leave to bring in a bill to extend the right of suffrage in the Indiana Territory, and for other purposes.

The bill authorizing the sale and grant of a certain quantity of public land to Havre de Grace Bridge Company, was read the second time.

Mr. CAMPBELL, from the committee to whom was referred the bill, entitled "An act providing for the removal of the land office established at Nashville, in the State of Tennessee, and Canton, in the State of Ohio; and to authorize the Re

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