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injurious to the country, will be coerced into the support of it, or risk his elevation. Was this, or could it be, endured by the country? He asked, was not this, more than most other objections, urged against the institution, among the strongest? He thought if such a time should ever arrive, that any moneyed corporation could dictate what man should be elevated, or what course chosen by public officers, it would be a most disastrous state of things. He therefore, was constrained to say, that above all other times, the present was the most unfit, the most unpropitious, that could be chosen, for the introduction of the present bill.

Mr White then replied at large to Mr Webster's remarks on the constitutional points involved in the message; in the course of his reply, arguing at some length, that the conduct of the House, when they refused the old bank an extension of time to wind up its concerns, with other circumstances, fully justified the President in considering this an unsettled litigated point; and, as such, he might well consider it unconstitutional. Mr White here quoted from the message the parts in relation to the Supreme Court, and on their decisions; which, he contended, amounted to no more than it was the President's opinion, that, if they gave any decision that he should think was unconstitutional, that he was not to be bound by it. He dissented from the doctrine of Mr Webster, and rather agreed in opinion with the President, that each branch

of the government had in such cases a right, and it was their duty to act upon their own conception of what is right.

After vindicating the message of the President, Mr White concluded by saying, that he did not think it liable to the objections that were urged by the Honorable member from Massachusetts; that whatever course the present question might take, if, notwithstanding the message, a constitutional majority of two thirds of the Senate should think it right to vote for the passage of the bill, they would do so. He, however, thought it was better that it should not now be stirred, as they had the views of the Executive on the subject, which might be acted upon at another time with more advantage. But if it was the wish of the President and directors of the bank to mix up its affairs with the politics of the day, to annoy the Chief Magistrate, it would be well, perhaps, that the country should know it-that it should. go out fairly to the people, that the election of the President was to be opposed by them, because he would not yield his opinion in their favor, and that he had the manliness to stake his prospects, his character, in refusing his assent to a bill, which he believed to be injurious to the liberties of his country. Mr White did not despair, that when it should be so known, be the result what it might, and when reason would be permitted to resume her wonted empire, no man would deny him honesty of in

tention, and that the act itself would be considered one of the most splendid that had occurred in the course of his political life. The discussion was continued until the thirteenth of July, with

unabated animation, when the question being taken, the Senate divided, yeas 22, nays 19; and the bill not having received two thirds of the votes was of course rejected.

CHAPTER VII.

Meeting of Congress. - President's message.- Apportionment bill -48,000 reported as the Ratio Amended in House -Proceedings in Senate - Amendment of Mr Webster - Report — Carried Recommitted in House-Report against Amendment - Amendment_rejected. Nomination of Mr Van Buren— Opposition Rejected-Reasons-Abuses of GovernmentWiscasset Collector Discussion.-Assault on Mr Stanberry.Trial of Governor Houston-Punishment.-Assault on Mr Arnold.

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THE first Session of the twen- President of the United States tysecond Congress commenced transmitted his annual message to on the fifth day of December, Congress. That document will 1831. be found in the Appendix, page 45.

Thirtyfive Senators appeared at the commencement of the Session, and Samuel Smith resumed the chair as President pro tempore. In the House of Representatives, 202 members answered to their names and proceeded to organize the House. Upon balloting for speaker the vote stood

Andrew Stevenson,
Joel B. Southerland,
John W. Taylor,
C. A. Wickliffe,
Scattering

98

54

18

15

10

The whole number of votes given being 195; Mr Stevenson received the exact number necessary to constitute a choice, and was declared elected. The oath of office was then administered to the members, and the House adjourned to the next day, when the

A succinct account of the foreign relations of the United States was given therein, and Congress was congratulated upon the situation of the country.

The arrangement made with Great Britain in relation to the colonial trade was alluded to, and it was stated, that during the year ending the 30th of September, 1831, it had given employment to 30,000 tons of domestic and 15,000 tons of foreign shipping in the outward, and 30,000 tons of domestic and 20,000 of foreign shipping in the inward voyages. Advantages too were said to be secured to the agricultural interests by the trade with Canadas, which would counterbalance the loss sustained by our navigation through the discrimination to fa

vor the trade by way of the north- local legislature for the District of ern colonies. Columbia.

The state of the negotiation concerning the northeastern boundary was reserved to be communicated, in a special message. The message, further stated, that further stated, that the claims of our merchants upon France for spoliations, had been adjusted by a satisfactory treaty; and that measures had been taken to obtain indemnity from Spain for injuries sustained since the last treaty, and from Naples for spoliations committed by the order of Murat. Measures had also been taken to chastise the pirates on the Malay coast for an attack upon an American merchantman; and for the protection of the fishermen at the Falkland islands against aggression under the authority of Beunos Ayres; and in general the aspect of the relations between the United States and foreign powers was stated to be favorable to the continuance of tranquillity and peace.

Among the subjects recommended to Congress, were a revision of the laws relating to American consuls; an extension of the judiciary system to the States of Indiana, Illinois, Missouri, Alabama, Mississippi and Louisiana; such a modification of the tariff as should bring the revenue down to the wants of the government and adjust the duties with a view of equal justice in relation to all national interests, and to the counteraction of foreign legislation against those interests; a change of the constitution so as to limit the executive to one term of service; a general reform in the system of keeping the public accounts; and the establishment of a

The change in the policy of the government in relation to the Indians was stated to be producing the happiest effects; the revenue was improving; and the opinions expressed in the previous message against the United States bank were reiterated, as not having been changed by experience.

Among the most urgent subjects of consideration at the present session of Congress was the apportionment of representation according to the census of 1830. By that census the southern and eastern states had lost a portion of their relative weight, and the western states had acquired a greater preponderance than before. The inefficiency of the marshals however had prevented Congress from acting, as it should have done on that subject at the last session, and of course the States that had increased more rapidly than the rest, were inadequately represented in this Congress. With the view of giving to each State the power intended by the Constitution at the next Presidential election, steps were taken to bring this subject at an early day before the consideration of the House, and on the fourth of January, Mr Polk reported a bill from a select commitee appointed for the purpose, fixing upon the ratio of representation under the 5th census of the United States.

By that report, the ratio was fixed at one representative for 48,000 inhabitants, according to the federal enumeration, which

would increase the number of that no common divisor would members to 237.

When the subject came before the House for consideration, in introducing the bill, Mr Polk observed, that the committee had felt the great difficulty, and even impossibility, of recommending any ratio of representation which should obtain the unanimous assent of the House. The representation of the people of the United States in that House depended, according to the constitution, not on the total population of the Union, but on the respective numbers of inhabitants in the several States, excluding all Indians not taxed, and also two fifths of the slaves, and including all other persons. No ratio could be adopted, which would be perfectly equal in its results upon all the States; whatever number might be fixed on as entitling to a representative on that floor, there must be fractions left in most of the States, larger in some and smaller in others. This inequality, however it might be regretted had its cause in the constitution itself. It had been so sensibly felt, when the ratio of representation was established by the first Congress, that they had attempted to remedy it by allowing to such of the States as had very large residuary fractions an additional representative. The then President of the United States, General Washington, after mature consideration, and after detaining the bill in his hands, until the last day allowed for his decision upon it, sent it back to Congress with his veto and the reasons of it; which were two, viz:

one

give to the States the number of representatives allowed them by the bill; and that the proposed number of Representatives was greater than one for every 30,000; and that therefore the bill was unconstitutional. The House had acquiesced in this construction, and reported, accordingly, a new bill, the effect of which was, that each State lost its supernumerary fraction. This early exposition of the constitution had been afterwards regarded as settled, and had been acted on ever since. The constitution imposed but two limitations on this matter; the one was, that no State should have more representatives than for every thirty thousand inhabitants; and, on the other hand, that every State should be entitled to one representative. The committee had recommended a number, which they considered a just medium between these two extremes. It would give a House of such dimensions, that on the one hand, the people would not be deprived of an adequate representation; and on the other, the number of members would not be such, as to render the House multitudinous, unwieldy and inconvenient. In 1790, the number fixed on as entitled to a Representative, had been 30,000; in 1800, 33,000, 1810, 35,000; and in 1820, 40,000. The bill now reported, proposed 48,000. This was a greater augmentation, than had taken place in forty years. Looking to the unavoidable inequality of the operation of any ratio they could propose, the committee had also considered

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