a certain letter from the Secretary of the Treasury, in reference to the compromise. An attempt to postpone the consideration of the bill until Monday failed, and the debate resulted in a postponement till Tuesday next. APPORTIONMENT BILL. The House then, on motion of Mr. POLK, went again into Committee of the Whole, and resumed the consideration of the apportionment bill. [H. of R. Mr. Chairman, are there not reminiscences connected with the history of these old States worthy of consideration in the settlement of this important question? The four States most deeply to be affected by the decision which we are about to make, are numbered among the immortal thirteen. May they not point you to those great transactions which gave birth to this free republic, and ask you to remember the days of their trial, and the deeds of their valor? May they not, in the language of kindness and afMr. BRIGGS rose, and said he was in favor of the mo- fection, say to their younger sisters, do not, in your prospetion of the gentleman from New Hampshire to strike out rity, unless some great principle demands it, or some great forty-eight and insert forty-four thousand as the ratio of interest makes it necessary, drive one of our members representation; and he would bespeak the indulgence of from this floor, whilst you are so fully represented? May the committee whilst he presented some of the considera- they not say to their sisters of the West, that the great dotions which had induced him to support the motion. main which constitutes your rich inheritance was purThis, sir, said Mr. B., is the most important question chased by their blood and treasures, which flowed as free which has been presented during the discussion of the as the rushing fountain? They envy not your prosperity, subject before the committee. I consider it so, because nor would they check the rapid current of your population. it proposes the highest ratio, which will save to each of Their children and their dearest friends are among you, the States their present number of representatives upon participating in the success of your unparalleled fortune. this floor. If forty-eight thousand prevails, you take from But they ask you to remember that, in the days of your the Southern States, and from New England, two of the minority and weakness, they successively took you by the sections of this country, two members each. The same hand, and, upon the principle of equality and justice, inthing, as it respects New England, occurred under the troduced you into the great republican family. They are apportionment of the census of 1820. If the bill, as re- gratified with your increasing wealth. They are proud of ported, becomes a law, the operation of the two appor-your advancing greatness; for you are a portion of their tionments will be to reduce the number of representatives common country. Sir, may not old Massachusetts and old from the New England States more than one-tenth. The Virginia ask their elder sister, New York--that great nagentleman from Tennessee, I presume, could not have tion in itself-to remember the perils and the conflicts of been aware of this effect when he adverted to the operation by-gone times? In the great struggle of the revolution, of the last apportionment to sustain the report of the com- the State of New York, who now appears upon this floor mittee in this case. This bill, sir, strikes from New with a phalanx of representatives equal to the whole of Hampshire one-sixth of her representation on this floor; New England, was comparatively small, and stood in need from Massachusetts, one-thirteenth; from Virginia, one of the aid of her powerful neighbors. In every part of twenty-second part; and from Maryland, one-ninth. If her territory which was then inhabited, may now be found these consequences, so unfortunate to the individual States, the bones of their sons whose blood crimsoned her invaded and so undesirable to their sections of country, can be soil. Their relative condition has now changed. She avoiled without the introduction of greater evils, I trust has become numerous and powerful, and they comparathat the justice of this Congress will see that it is done. tively small. When she can at once be generous and just, The population of Kentucky is less than that of the adjoin-will she be unmindful of her ancient friends? Can she foring State of Tennessee by something short of four thou-get Virginia, and Maryland, and Massachusetts, and New sand. Forty-eight thousand gives to Tennessee an addi- Hampshire, the associates of her youth, the sharers of her tional representative over Kentucky. This is an inequality toils, the companions of her glory! With in the condition of two States, located side by side, which The census of 1820 gave us a population of ten millions. the most obvious principles of right require should be The ratio under that census was forty thousand. The peoavoided. Adopt the proposed amendment, and you pro-ple did not complain that that number was too small. The duce this desirable result. Again, sir, forty-four, whilst circumstance attending that ratio, which I sincerely regret, it preserves the present number of representatives to every is, that the principle of reserving to each State her exist. State, leaves a less general fraction than any other ratio, ing number had not been regarded as sacred. from forty to sixty thousand, except forty-two and forty a population of ten millions, we had two hundred and nine thousand; and it exceeds that of these but a trifle. thirteen representatives. We have now an increase of It elects more members with small fractions than any other three millions, to which the bill on your table substantially number within the above range. If you adopt this num- proposes to give twenty-four members, or one to one ber, it will give you a House of two hundred and fifty-nine hundred and twenty-five thousand. members. Divide the whole federal population of the United States by this number, and about forty-six thousand will be the general average amount of population that will choose a representative. • effect upon These, sir, are some of the views and facts which present themselves upon the face of the bill itself, and which result from an examination of the tables reported by the select committee, and which have had an influence in leading me to the conclusion that forty-four thousand is the number which ought to be established. Gentlemen tell us that at forty-eight thousand, which takes a member from the delegation from each of the States before named, the constitutional proportion among The fact stated by my distinguished colleague, [Mr. all the States is preserved, though they deeply regret the ADAMS,] a few days since, that forty-four thousand would the losing States. This, sir, is certainly true; present the same proportion between the number of rebut I reply that at forty-four thousand the same just pro- presentatives and the population of the whole country portion of which they speak will be maintained, and the that was established by the constitution of the United very desirable object of securing to every member of this States, is deserving the grave consideration of this comconfederacy its present number is obtained. The condi-mittee. It is profitable to be carried back to the period tion of those great and increasing States, whose growing of our national history when that instrument was adopted. numbers will add to their delegation at each succeeding It is delightful to linger among the men who mingled in census, is widely different from that of the old and small the great councils of those eventful days of our republic. States, whose population remains comparatively stationa- Their principles were the result of enlightened and maTy, and who may be destined to lose one or more of their ture deliberation, and flowed from the pure fountain of representatives every ten years. patriotic hearts. When I find my views upon public mea H. OF R.] Apportionment Bill. [JAN. 19, 1832. sures sustained by their opinions, or guided by their prece-little time, and, for aught I know, as well done, as that of dents, I feel a confidence in their correctness and recti- other States whose Legislatures consist of fewer numbers. tude which approaches to certainty. In that day, it was An honorable gentleman from North Carolina has told the opinion of General Washington, and an opinion urged us that if we increase our numbers we shall approximate with all the influence of his great name, that thirty-three a mob. The representatives of the people constitute a thousand was too large a number to be represented in this mob? Sir, I have yet to learn that mere numbers conbranch of the Legislature by one man. In this opinion stitute a mob, however numerous they may be. I had he was sustained by his compatriots, and the number was supposed that it was the character of an assembly which fixed at thirty thousand. Will it be pretended that the would entitle it to that appellation, and not its numbers. interests of our constituents diminish with the increase of Let it not be said that a great and enlightened people their business and the variety of their pursuits? Has ex- cannot increase their representatives, for fear that when perience demonstrated that the wisdom of the represen-assembled they should degenerate into the character of a tative has necessarily advanced with the limits of his dis-mob. The spirit of our institutions, and the true princitrict, or the number of persons whom he represents? If ples of democracy, demand a full representation of the not, let us not be too anxious widely and rapidly to depart people in this House. It was a great question in the Confrom the salutary principles sanctioned by the framers of gress which formed our constitution, whether the memour constitution. bers of this branch of the Legislature should represent It is said by the gentleman from Kentucky, [Mr. AL- the States in their corporate capacity, or the people of LAN,] that if the number of representatives is to increase the States. The latter principle prevailed; the former in proportion to our population, we soon shall have a was adopted in respect to the Senate. This is the only House so large that it will be physically impossible to do department of your Government in which the will and the public business. I believe no one has contended the opinions of the people can be directly brought to bear that this rule is to be, or ought to be, indefinitely ex-upon their public servants. A democrat by birth, by tended. When the principle which we may now safely education, and from choice, I fully concur with the eloand properly establish as the basis of representation, shall, quent gentleman from Rhode Island, that the best inteby an increase of numbers, or any other circumstance, rest of the people in this country requires that this princease to be the true one, those who may succeed us will ciple should be carried into full and perfect operation. make the necessary change. It is also said, and urged as The representative and his constituents ought to be a reason against the increase of numbers in this House, brought as near to each other as possible. To secure the that the Congress of '76 consisted only of fifty-four mem-great object of the elective franchise, the citizen should bers; and that the Congress who made our constitution know the personal and political character of the candiwas composed of a less number than that. Did either of date for his suffrage. It is this particular acquaintance, those august bodies believe that theirs was the golden this personal intercourse, which fastens upon the mind of number? If so, why was it not established by a perma- a public agent an abiding sense of his responsibility to nent law? But, sir, the numbers of which each of those the power which creates him. The representative ought bodies were composed were arbitrary and accidental, and to know his constituents, and be intimately acquainted depended upon no fixed or established principles. Until with their wants and their wishes, their manners and custhe adoption of the present constitution, the delegates from the several States, in Congress assembled, represented the States from which they came; and, whether the number from a State was more or less, they were entitled to but one vote in the national councils. toms, their business and pursuits. As you increase the ratio of representation, you lessen the facilities of acquiring this knowledge. The ratio and principles of representation in the Legislatures of the several States in this Union, exhibit in the Gentlemen who are in favor of a large ratio tell us that most striking manner the opinion of the people of this if the numbers of this House are increased to any consi-country upon this question. derable extent, it will be impossible to hear, or under- The average population to a representative in the sevestandingly to do business. I believe, sir, that, with the ad-ral States is probably between three and four thousand. dition of one hundred members in this spacious room, a In the State of New York, whose representation bears man would speak with more ease, and be more distinctly the smallest proportion to her whole population of any heard, than with the present number. It is not our num-State in the Union, the numbers represented by a members which prevents our hearing. If the House are dispos- ber of their popular branch is about one-third that of ed to hear, they can. The reverend gentleman who opens the ratio proposed by the amendment before the committhe daily proceedings of this body by supplicating the bless-tee. I know, sir, that the State Legislatures do not preings of the Creator, with a small, effeminate voice, is dis- sent precisely a parallel case with the one we are continctly heard in every part of this Hall. On all questions sidering; but the analogy is sufficiently striking to anof general interest, when members desire to hear, they swer the purpose for which I use it, viz. to show the find no difficulty. On a late occasion, when this immense opinion of the framers of the constitutions of the States, Hall was filled to overflowing, the voices of the speakers and the people of the States, upon the policy of a full and were clearly heard throughout every part. numerous representation. While this great republic, I deny the position that large legislative bodies do not which stretches itself across an entire continent, is rapidly progress with business as fast as smaller ones. advancing in all the improvements which belong to the I do not claim personally to understand the progress of age in which we live-increasing in numbers, and embusiness in the two branches of this National Legislature; bracing a population engaged in an almost endless variety but gentlemen whose experience on the subject gives them of interests and pursuits, let us secure to every section a the means of knowledge, are of opinion that this body, liberal and fair representation in this great Legislative with two hundred and thirteen members, docs business with Council, until the vastness of our numbers shall, as a more facility than the body across the rotundo, which con- choice of evils, compel us to abandon the principles and sists of only forty-eight members. At the close of each details of an apportionment which it is now both practicasuccessive session, bills on bills which have passed this ble and just to adopt. branch are left lumbering the tables of the Senate chamber. In my apprehension gentlemen are entirely mistaken The House of Representatives of the State which I have when they talk of the republicanism and the safety of a in part the honor to represent, frequently consists of five small number of representatives in this House. The hundred members, assembled in a room smaller than this; converse of this proposition I hold to be the true doctrine yet, sir, the business of that commonwealth is done in as on this subject. And, sir, if I am not altogether mistaken, 1593 1594 JAN. 19, 1832.] currence. Apportionment Bill. [H. OF R. this is the cherished sentiment of a large majority of the twenty-four millions there, than five hundred could thircitizens of this republic. and come it may, when corruption or ambition shall assail population as numerous in proportion to its extent as is If the day shall ever come, teen millions here. this Government or the liberties of this country, in a mea- England, he would not vote for less than five hundred If our territory was filled with a sure strangers to its other branches and departments, the representatives in this House. people will look up to the members of this House as the of depriving Massachusetts of her representation on this last citadel of their hopes. If such a crisis shall arrive, floor, he could but think of Fanueil Hall and Bunker Hill. When gentlemen talk the strength of those who may then compose this body His mind turned to the time when Patrick Henry faced will not only be rendered formidable by their numbers, the cry of treason, when it was proposed to lessen the but the consideration that they come directly from the weight of the Old Dominion; neither could he forget the bosom of the people, warmed by their sympathies and services of New Hampshire and Maryland in the great sustained by their opinions, will give them an ardor and cause of independence, on this occasion, when it is proan energy to resist the encroachments of power which posed to take from them one of their delegation on this mere strangers can never feel. state of things is very remote. I know, sir, that this floor. He could but think the better of these sons of the But the history of man, and the fate of nations, admonish subject placed before the people, he had no doubt but It may never happen. old thirteen States who resisted the attempt. us not to close our eyes even to the possibility of its oc- they would support them. Were this Mr. JOHNSON, of Kentucky, said this was the third his heart, go on and prosper; but at the same time he He was glad to see the prosperity of the new States. time the question of apportioning the representation upon would enjoin upon them not to take any steps to the injuHe could say to them, from a new census had been presented to this House, since he ry of those who bore the brunt of the battles of the revohad the honor of a seat in it. question after the census of 1810; after that of 1820; and benefactors--and, above all things, not to oppose them He had voted upon the lution-not to hurt the feelings of their progenitors and now it had again come up after the census of 1830. upon most other subjects of general policy, his principles elective franchise its fullest effect. We hear in these As on that fundamental principle of liberty, the giving the upon this question had been uniform, as the records of times, he said, much about reform. the House would show. He might have been wrong, but where reformation was so much needed as on this floor. he had at least the satisfaction of saying that he had been He thought it was high time for a reform in the discipline He knew of no place uniform and consistent in the views he had entertained on of this House, and the mode of its doing business. Sir, this subject. They were founded upon the republican if this Hall was decently and economically fitted up, it principles which distinguished our form of Government would accommodate five hundred representatives far bet from all others on earth. His anxious wish had always ter than it will two hundred_now. been to establish that ratio which might best serve to pre- surrounded with contrivances for amusement and converserve and perpetuate the liberty and the rights of the sation. We are too much people. Why are we here to settle those rights, instead of the globe to transact business in? A room where there Is there another such a room as this on the face the people themselves? Is it because they are a mob-- is, for those who remain in their seats, so much inconve because they are too ignorant to exercise the privileges nience in cold weather, and want of comfort in warm? of self-government? No: it is because, from the vast ex- The truth is, that this matter was begun at the wrong tent of the country and the amount of population, it is end. Had this House met in a common sized hall, which impracticable for them to act in one body. Thousands would abundantly accommodate them, we would see no of our constituents are quite as able to represent them- more talking together with hats on, while business is goselves as we are to represent them. gence among the people, he had always been desirous to talking in time of service. The argument that has been With this intelli-ing forward, than we should see the people in a church bring the representative as near to and as dependent upon urged against increasing the numbers of this House, that them as possible. It would be found, on examination of we should not understand the business, is entirely founded his former votes on this subject, that he had invariably on the inattention of the members. If we were in an imvoted for the lowest ratio. He had always wished to ex-portant crisis--if the dearest rights of our constituents tend the representative principle as far as possible. He and of ourselves were at stake, we should find no diffihad no idea of erecting the congressional districts into culty in understanding the proceedings, were our numpetty principalities. In his view, it was favorable to li-bers twice as great. Instead of attending to the business berty to place the functionaries of the people within their of the House, we have other concerns to look after. Leimmediate acquaintance and supervision, so far as this gislative bodies twice as large find no difficulty in transactcould be effected. classes. Much had been said as to the inconvenience of against the increase of numbers of the House, agree to He was opposed to all privileged ing business. He could not, for the reason assigned numbers in this House. land was three times greater. Does the question of re- He would not wish to see any of them left at home. The House of Commons in Eng-deprive either of the old States of any of their delegation. form which now agitates that country, turn on the ineffi- would say nothing impugning the motives of the commitciency of the House of Commons in consequence of its tee who reported the ratio of forty-eight thousand. He numbers? No: that is not complained of. trary, they added a large number of members to that of an unrepresented fraction of forty-seven thousand unOn the con- thought, however, that Kentucky had a right to complain House when Ireland was united to Great Britain. That der that ratio. question turns entirely upon the principles of electing it was wholly for his native State, a State which, in times the members. We hear not one word as to the inconve- of trouble, had marched her population to fight the batIf he was selfish in making that complaint, nience of the number of the House. Neither do we here tles of the country. The peculiar situation of Kentucky find any difficulty when questions, which are felt to be was not his principal reason for opposing this bill, as reimportant by the members, are depending. As to the re-ported. His friend from Tennessee [Mr. POLK] well He lative ratio of representatives between this country and knew that he had, since his attention was drawn to the England, two hundred and fifty members would be a subject more than twenty years ago in this House, always more effectual representation of the people of England, been in favor of the lowest ratio. than five hundred members here. The extent of country as well as amount of population must be taken into remarks. Mr. CARSON said he only intended making very few view. From the density of her population, and the sparse- the bill-he had not examined the subject, but placed enHe had been in favor of the ratio reported in ness of ours, two hundred and fifty could better represent tire confidence in the very able committee charged with H. OF R.] Duties on Imports. [JAN. 20, 1832. it, and was disposed to have relied on their decision-and effect of the revenue laws upon the commerce, agriculthe more readily as the ratio 48,000 preserved the entire ture, and manufactures of this country, designating the number of the delegation of North Carolina. But he manner in which the sum upon which the duties are assessed must acknowledge that, since he had heard the matter is made up; and, also, the per centage assessed upon goods discussed, he should support the motion to strike out subject to the square yard duty, and whether any goods are 48,000 and insert 44,000. He could not be insensible to prohibited by the amount of duties; also, whether frauds the strong claims of the original thirteen States upon our are not perpetrated in the importation of goods, and the favorable regard. No man acquainted with our past his revenue thereby reduced, and how such frauds may be tory could overlook the reminiscences which crowded suppressed; also, whether the statute value of the pound upon the memory in which their sacrifices and devoted sterling ought not to be so modified as to conform to the patriotism have given so distinguished a standing to our actual value in the United States; and to accompany their common country. He had been willing to assent to forty- report, if they shall make one, by the evidence upon eight, because it preserved North Carolina. The time which it shall be predicated." may come when the cup will be presented to her--for his part, as one of her representatives, he should be unwilling to swallow the draught. Mr. MITCHELL, of South Carolina, said this modification did not alter the objectionable points of the amendment, but rather increased his objection. It is now coexMr. POLK said he had wished the vote to be taken tensive with the whole industry of the United States, with to-day; but as several gentlemen appeared anxious to the addition of the whole commerce of the country. It offer their views, he could not insist upon it. He rose would be impossible for any committee to collect the inmerely to correct one or two mistakes, into which gen- formation in sufficient season to be acted upon at this tlemen had fallen. Gentlemen have argued that this ratio time. If the gentleman will introduce it as an original deprives States of their relative weight. This is not so resolution, he would vote for its adoption. He could but Their relative weight upon any ratio was the same. The express the sorrow he felt at witnessing the unconciliatory views of the gentleman from Kentucky [Mr. JOHNSON] and uncompromising spirit which had been manifested by were perfectly consistent. He had found, upon examina- the gentleman from Massachusetts [Mr. Davis] upon this tion of the journals, that, upon former occasions, that gen- subject. He had hoped and believed that every one had tleman had always voted for the lowest ratio. The argu- come to the opinion that the duties now collected from the ment drawn from sympathy for the old thirteen States, people should be reduced, and that gentlemen on all sides had nothing to do with the matter. In 1820, Virginia and would be glad to obtain all possible information on that Connecticut each lost a representative. The old States, subject. He had indulged that opinion from the spirit in their vicinity, voted against them. He held in grateful lately manifested by the convention at New York, conremembrance the obligation of the whole country to the trasted with that of the convention held at Harrisburg a venerable thirteen States. This bill did not affect them year or two since. The New York convention, composed differently from any others under the constitution. He of the manufacturers themselves, seemed willing to meet thought the ratio 44,000 peculiarly objectionable, as it a reduction of duties--while that of Harrisburg insisted threw half the fractions upon six new States, which were on an increase of 25 per cent. The gentleman from Masdaily increasing. Gentlemen admitted there must be sachusetts, it is evident, wishes for no information which some limit to the House. He thought it the duty of the will enable this House to act intelligently on the subject. House at this time to approximate to the limitation, which His object is to swallow the inquiry by the multiplicity of must finally be adopted. objects embraced in the amendment. Though that gen Mr. WAYNE said his friends from Tennessee seemed tleman is fully acquainted with the whole subject, he was to be most unhappily tormented by a theory on this sub- unable to produce a single argument against the inquiry ject. No principle was so important as that upon which proposed by the resolution. His whole speech was a viothe representation of the people was founded. In order lent attack upon the gentleman from New York [Mr. to give a further opportunity to gentlemen to express CAMBRELENG] and upon the resolution. He did not protheir views upon it, he moved the committce rise; which fess to have the information on the subject of the gentlemotion was carried. The committee rose, and The House adjourned. FRIDAY, JANUARY 20. DUTIES ON IMPORTS. The House resumed the consideration of the resolution moved by Mr. BOULDIN on the 27th ultimo, the question being on the amendment moved by Mr. Davis, of Massachusetts, on the 18th instant. Mr. MITCHELL, of South Carolina, said he felt it his duty to oppose this amendment to the original resolution. Mr. MITCHELL, here yielded the floor to Mr. DAVIS, who said the gentlemen from Virginia and New York had stated that the amendment did not cover the whole ground of inquiry. He wished to meet the whole, and would offer a modification of his amendment so as to extend the inquiry. Mr. D. then modified his amendment by adding the words printed in italics, so as to make the amendment read as follows: Strike out all before and after the word "Resolved," and insert the following, viz. "That the Committee on Manufactures be instructed to inquire into, and report to this House, (if they possess the information,) the practical man from Massachusetts, but must say that for much that he did possess, he was indebted to the lucid and able calculation of the gentleman from New York. The gentle. man from Massachusetts favored the House with a long disquisition, to prove that woollen manufactures were be neficial to agriculture. How far do these benefits extend? he asked. Why, to a few farms in New England. Are a few farms in New England the agricultural interest of this country? Is the agriculture of New England known in this country as a national interest? Would not the mem. bers of this House laugh if he should urge upon the interests of the manufactures of South Carolina? But the manufactures of South Carolina are far greater in propor tion to the wants of the people of the State, than is the agriculture of New England, proportioned to her wants. He meant no disrespect to New England. Her glory is not her agricultural character. He should always feel and express the greatest respect for New England, and her institutions--for to them he was indebted for his literary education. He was truly surprised at the argument drawn by the gentleman from her agriculture. He had stated that his objection to the amendment was, that the inquiry was too extensive for any committee to execute be fore the adjournment of Congress. The information called for by the resolution was necessary to enable the House to act understandingly upon the tariff. It was important upon two points: first, to show the amount of protection af JAN. 20, 1832.] Bank of the United States. [H. of R. "To inquire into the expediency of reporting a bill to incorporate a new banking company, to take effect and go into operation after the expiration of the charter of the Bank of the United States, reserving one-third of the capital in said bank for the United States, together with a sufficient bonus on the charter; one-third to be subscribed for by such of the stockholders in the present bank as may be citizens of the United States, the other third to be taken by such citizens of the United States as may desire so to invest their surplus capital; forded by the present ad valorem duty, which amount he BANK OF THE UNITED STATES. ascertained by the law. Suppose an article cost $100 in The SPEAKER laid before the House the memorial of Europe; when it is entered at our custom-house, 10 per the Bank of Pennsylvania in favor of the recharter of the cent., and the incidental expenses, excepting insurance, Bank of the United States. incurred between the purchase and entry, are added. The memorial was read. These expenses are known only to the merchants who Mr. WICKLIFFE moved that the memorial be referred are concerned in the commerce. Suppose they amount to the Committee of Ways and Means, with the following to 10 per cent. more: the duty of 45 per cent. is then instructions: calculated upon 120 dollars, and not upon 100 dollars, the original cost. That is 54 per cent. Is not accurate information, instead of suppositions, necessary, when we are called on to investigate and settle the interests depending upon this subject? The real rate of duty differs much from the nominal, and renders the inquiry upon this point of the resolution indispensable. The other point relates to the minimum duties. There are four minimums in the law on woollen goods. The first is all costing under 33 cents per square yard; the next is all between that price and 50 cents; the next is all between that and 1 dollar; and the next is all between 1 and 4 dollars the square yard. If a merchant imports woollen cloth, costing 51 cents the square yard, he pays the same duty as though it cost a dollar a yard. Paying 45 per cent. upon an article costing 51 cents, as though it cost a dollar a yard, it will be seen that the duty is in fact 90 per cent. If it cost only 50 cents, he pays 45 per cent. on that, being only 22 per cent. "And, also, of so forming the charter, that the LegisThe vast difference of duty made by only one cent dif- latures of the several States shall and may exercise the ference in cost is obvious. Is this not a direct bounty on power, when they deem it expedient to do so, of imposfraud and perjury? Is it not oppression upon the poor, ing a fair and reasonable tax upon the capital employed who pays 90 per cent. upon coarse and cheap apparel, in any bank, or branch of said bank, within the jurisdicwhile the rich man pays less than 50? Are we not sur- tion of such State; and also to subject the said corporaprised that the gentleman from Pennsylvania [Mr. STEW-tion to be sued in the district or circuit court in any State ART] should have stated that the poor man paid no more where they may have a branch located, and the cause of than the rich? But if this system only imposed a burden action accrued." "That they also inquire into the expediency of prohibiting the bank from dealing in, or holding, real estate, except for the mere purposes of banking houses and houses necessary for the transaction of the business of the company; "Of prohibiting the location of any branch in any State without the consent of the Legislature of such State; upon the poor, it might be borne, but its demoralizing Mr. L. CONDICT demanded a division of the question, effect upon the country cannot be endured. The strong and it was accordingly divided and put first on the referinducement that such a system holds forth the commission of ence to the Committee of Ways and Means, which was fraud and perjury, is too apparent. He held in his hand agreed to by a very large majority. the report of a speech made at the late convention in New The question then recurring on instructing the commitYork, by Mr. Ellsworth, who was not known to him ex-tee, cept by name-which was certainly a strong recommen- Mr. WICKLIFFE observed, that as he could not but dation to its correctness-in which he states that extensive regard the motion which had just been made as indicating frauds are daily practices through these provisions of the hostility, on the part of the member from New Jersey, to law. That a merchant may gain four hundred dollars on the instructions proposed to be given to the Committee of the calculation of the duties of a single package of goods; Ways and Means, and to the proposal of granting a new that single parcels of goods were charged with 48,000 charter to a new banking company, on conditions necessadollars less duties, than they were legally liable to pay. ry to preserve the currency of the country; and believing That within five months six hundred packages had been that the intention of the gentleman was, that the Commitseized for fraudulent invoices, and that for two years tee of Ways and Means should not even take such a subonly one case of condemnation had occurred. Sir, do ject under consideration, he should embrace the present not these facts contain volumes? Ought not a law that occasion to state his views in proposing the instructions cannot be enforced, to be abolished? It is obvious that he had offered. Whether this Government could, with the moral sense of juries is against it. Will you enforce safety, conduct its financial operations without a bank, was a law against the moral sense of the people? You might a question on which there seemed generally to prevail but as well puff against a West India hurricane. The moral one opinion. It seemed to be conceded on all hands that sense of the people of England, and not their Legislature, a bank was necessary. Such was the language of the offihas abolished more than half the provisions of her cial documents received from the department. Such was criminal code. Can you make a jury enforce the pro- the tenor of the memorial now offered; and, judging from visions of a statute which is contrary to the law which the recent indications, such seemed to be the prevalent God has written upon their hearts? Is not the reason ap- opinion, in at least this branch of the Legislature. parent why the gentlemen were unwilling to have an The question of rechartering the bank at this time was, inquiry gone into which develops such enormous evils? it seemed, least to be considered. Taking this for grantHe could never forgive himself for casting any aspersioned, he had been induced to inquire what proportion of upon the character of our merchants. He had never read the stock was now held by aliens. Rumor answered, at of any class of men placed in such circumstances. It was least one-third. And hence he had been led to inquire, necessary to extricate them from their present dilemma, if under what peculiar obligation the Government was to we would preserve our national character. He would grant to the present company exclusive banking privilege, rather our country should possess its character, than all and of denying to the community, generally, the opportu the riches of England; for national or individual cha-nity of investing their surplus money in the stock of such racter, he thought, was far to be preferred to national or an institution. He thought that a new charter might be individual wealth. granted which should do justice to the capitalists of our own Here Mr. M.'s remarks were interrupted by the expi- country, by securing to American citizens the possession ration of the hour. of one-third of the stock. The instructions went no fur |