80

Cravens of Ind., Daniel of N. C., Davis of N. Y., D an of O., President Tyler recommended a plan for a
Dimmock of Pa., Doan of O., Doig of N. Y., Edwards of Mo., fiscal agent, called the Exchequer Board; but
Egbert of N. Y., Ferris of N. Y., J. G. Floyd of N. Y., C. A.
Floyd of N. Y., Fornance of Pa., Foster of Ga., Gilmer of Va., it was not acted upon by either House, other
Goode of Va., Gordon of N. Y., Gustin of Pa., Harris of Va., than to be reported in favor of, in the Senate,
Hastings of O., Hays of Va., Holmes of S. C., Hopkins of
Va., Houck of N. Y., Houston of Ala., Hubard of Va., Hun- by Mr. Talmadge of N. Y., from a select com-
ter of Va., Ingersoll of Pa., Irwin of Pa., Jack of Pa., John-mittee, and by Mr. Cushing, in the House,
son of Tenn., Jones of Va., Keim of Pa., Kennedy of Ind., from a like committee.

Lewis of Ala., Littlefield of Me., Lowell of Me., McClellan of N. Y., McClellan of Tenn., McKay of N. C., McKeon of N. Y., Mallory of Va., Marchand of Penn., Marshall of Me., Marshall of Ky., Mason of Md., Matthews of O., Medill of Mass., Miller of Mo., Newhard of Pa., Oliver of N. Y., Parmenter of Mass., Patridge of N. Y., Payne of Ala., Pickens

of S. C., Plumer of Penn., Reading of N. H., Rhett of S. C., Riggs of N. Y., Rogers of S. C., Roosevelt of N. Y., Sanford of N. Y., Saunders of N. C., Shaw of N. H., Shields of Ala., Snyder of Pa., Steenrod of Va., Sweeny of O., Turney of Tenn., Van Buren of N. Y., Ward of N. Y., Watterson of Tenn., Weller of O., Westbrook of Penn., James W. Williams of Md., Wise of Va., Wood of N. Y.-97.

Bankrupt Act.

On the 24th of July, 1841, the Bankrupt Bill, introduced by Mr. Henderson of Miss., passed the Senate, by yeas and nays, as follows:

YEAS.-Messrs. Barrow of La.. Bates of Mass., Choate of Mass., Clay of Ky., Clayton of Del., Dixon of R. I., Evans of Me., Henderson of Miss., Huntington of Conn., Kerr and Merrick of Md., Miller of N. J., Morebead of Ky., Mouton of La., Phelps of Vt., Porter of Mich., Simmons of R. I, Sunith of Ind., Southard of N. J., Tallmadge of N. Y Presi-Walker of Miss., White of Tenn., Williams of Me., Wood

President Tyler vetoed this bill. The question was taken, in the Senate, Shall the bill pass notwithstanding the veto of the dent, and it was determined in the negative, yeas 24, nays 24.

The bill was revived in the House in another shape, and entitled "A bill to provide for the better collection, &c., by means of a corporation, to be styled the Fiscal Corporation It was brought to a of the United States." vote on the 23d of August, 1841, and was passed, by yeas 125, nays 94.

The vote on this bill was the same as that on the Fiscal Bank bill, with the exception that Messrs. Adams of Mass., and Marshall of Ky., who voted against that, voted for this. Messrs. Cooper, Gates, and Slade, who did not vote on that, voted for this bill. Messrs. Cross, Dawson of La., Eastman, Mallory, Mason, and Sumter, who did not vote on that, voted against this bill. Messrs. Alford, Childs, Cowen, Davis, Giddings, Merriwether, Proffit, Sprigg, and Van Rensselaer, who voted for that, and Messrs. Cravens, Dimmock, Lowell, Marshall of Me., Oliver, and Patridge, who voted against that, were absent and not voting on this bill.

It passed the Senate on the 3d of January, 1841, by yeas and nays as follows:

YEAS.-Messrs. Archer of Va., Barrow of La., Bates of Mass., Berrien of Ga., Choate of Mass., Clayton of Del., Clay of Ky., Dixon of R. I.. Evans of Me., Graham of N. C., Henderson of Miss., Huntington of Conn., Kerr of Md., Mangum of N. C., Merrick of Md., Miller of N. J., Morehead of N. C., Phelps of Vt., Porter of Mich., Prentiss of Vt.. Preston of S. C., Simmons of R. I., Smith of Ind., Southard of N. J., Talmadge of N. Y., White of Ind., and Woodbridge of Mich.

-27.

NAYS-Messrs. Allen of O., Benton of Mo., Buchanan of Pa., Calhoun of S. C., Clay of Ala., Cuthbert of Ga., Fulton of Ark., King of Ala., Linn of Mo., MeRoberts of Ill., Mouton of La., Nicholson of Tenn., Pierce of N. H., Rives of Va., Sevier of Ark., Smith of Conn., Sturgeon of Pa., Tappan of O., Walker of Miss., Woodbury of N. II, Wright of N. Y., and Young of Ill.-22.

bridge of Mich., Young of Ill.-26.

NAYS.-Messrs. Allen of O., Archer of Va., Bayard of Del-, Benton of Mo., Buchanan of Pa., Calhoun of S. C., Clay of Ala., Cuthbert of Ga.. Fulton of Ark., Graham of N. C. King of Ala., Linn of Mo., McRoberts of Ill., Nicholson of Tenn Pierce of N. H., Prentiss of Vt.. Kives of Va., Sevier of Ark, Smith of Conn., Sturgeon of Pa., Tappan of O., Woodbury of N. H., Wright of N. Y.-23.

This bill passed the House on the 18th of Aug., 1841, by yeas and nays as follows:-

YEAS.-Messrs. Adams of Mass., Allen of Me., Andrews
Baker of Mass., Barnard of N. Y., Black of Pa., Blair of N.
of O., Arnold of Tenn., Ayerigg of N. J., Babcock of N. Y.,
Y., Boardman of Conn., Borden of Mass., Briggs of Mass.,
Burnell of Mass., Calhoun of Mass., T. J. Campbell of Tenn.
Brockway of Conn., Bronson of N. Y., M. Brown of Tenn.,
Caruthers of Tenn., Childs of N. Y., Chittenden of N. Y
Cranston of R. I., Craven of Ind., Cushing of Mass., Davis
T. C. Clark of N. Y., S. N. Clarke of N. Y., Cowen of O.,
or Ky., Dawson of Ga., Dawson of La., Deberry of N. C.,
Edwards of Pa., Everett of Vt., Fessenden of Me., Fillmore
Y., Goode of O., Greig of N. Y., Habersham of Ga., Hall of
of N. Y., A. L. Foster of N. Y., Gamble of Ga., Gates of N.
vt., Halstead of N. J., Hastings of Mass., Henry of Pa.,
Howard of Mich., Hudson of Mass., Hunt of N. Y., J. Irvin
Jones of Md., Kennedy of Md., King of Ga., Lane of Ind.,
of Pa., W. W. Irwine of Pa., James of Pa., Johnson of Md.,
Lawrence of Pa., Linn of N. Y., Mason of O., Mathiot of O.,
Moore of La., Morgan of N. Y., Morris of O., Morrow of 0.,
Maxwell of N. J., Maynard of N. Y., Merriwether of Ga.,
Nisbet of Ga., Osborne of Conn., Pearce of Md.. Pendleton

of O., Powell of Va., B. Randa! of Me., A. Randall of Md.,
Randolph of N. J., Rayner of N. C., Ridgeway of O., Rodney
of Del., Roosevelt of N. Y., Russell of O., Saltonstall of
Mass., Sergeant of Pa., Simonton of Pa., Slade of Vt., Smith
of Conn., Sollers of Md., Stanley of N. C., Stokely of O.,
Stratton of N. J., Stuart of Ill., Taliaferro of Va., Thompson
of Ind., Tillinghast of R. I., Toland of Pa., Tomlinson of
N. Y., Van Rensselaer of N. Y., Wallace of Ind., Warren
of Ga., E. D. White of La., White of Ind., Williams of Conn.,
Williams of N. C., C. H. Williams of Tenn., J. L. Williams
Young of Vt.. John Young of N. Y.-110.
of Tenn., Winthrop of Mass.. Wood of N. Y., Yorke of N. J.,

On the 9th of Sept., 1841, President Tyler communicated to the House his message vetoing the same, and on the next day the vote was taken in the House on the question, Shall the bill pass notwithstanding the veto of the President, and it resulted, yeas 103, nays 71. Two-thirds, as required by the Constitution, not having voted in the affirmative, the bill was lost.

NAYS.-Messrs. L. W. Andrews of Ky., Arrington of N.C.. Atherton of N. H., Banks of Va., Beeson of Pa., Bidlack of Pa., Birdseye of N. Y., Botts of Va., Bowne of N. H., Boyd of Ky., A. V. Brown of Tenn., C. Brown of Pa., J. Brown of Pa., Burke of N. H., Butler of S. C., Butler of Ky., Caldwell of of Tenn., Carey of Va., Chapman of Ala., Clifford of Me., N. C., Caldwell of S. C., Campbell of S. C., W. B. Campbell Clinton of N. Y., Coles of Va., Cross of Ark., Daniel of N. Eastman of N. II., Edwards of Mo., Egbert of N. Y., Ferris C., Davis of N. Y., Dean of O., Doan of O., Doig of N. Y. of N. Y., J. G. Floyd of N. Y., C. A. Floyd of N. Y., Fornance of Pa.. Foster of Ga., Gentry of Tenn., Gerry of Pa., Gilmer of N. C., Gustine of Pa., Harris of Va., Hastings of O., Hays of Va., Holmes of S. C., Hopkins of Va., Houck of N. Y. Houston of Ala., Hubard of Va., Hunter of Va., Ingersoll of Pa., Kennedy of Ind., Lewis of Ala., Littlefield of Me Mallory of Va., Marchand of Pa., Marshall of Ky., Matthews McClelland of N. Y., McClellan of Tenn., McKay of N. C., of O., Mattocks of Vt.. Medill of O., Miler of Mo., Newhard of Pa., Parmenter of Mass., Payne of Ala., Pickens of S. C., Plumer of Pa., Pope of Ky., Proffit of Ind., Ramsey of Pa At the second session of the 27th Congress, Reding of N. II., Rencher of N. C., Rhett of S. C., Riggs of

of Va., Goggin of Va., Goode of Va., Gordon of N. Y., Graham

Pa., Jack of Pa., Johnson of Tenn., Jones of Va.. Keim of

82

stitution of the United States itself does not go to the territories until it is carried there by an act of Congress. Standing on the principle of the English law governing the same interests, I do not believe that the Constitution of the United States carries to any territory of the United States any right to hold slaves there.

In order, sir, that my answer should be full and satisfactory, I ought, perhaps, to put the negative of the proposition of the distinguished gentleman who leads the government party on this floor, and in this crisis. I recognise the right, sir, to protection of property on the part of the South, as well as on the part of the North, in the territories of the United States; and when I speak of property I mean that which is considered property by universal law; I do not mean that which is property only because it is held as such under the laws of a particular state, and which loses its character of property so soon as it extends beyond the limits of that state, except under certain reservations covered by the Constitution of the I United States. When I speak of property, do not refer to that species. I describe that which is recognised as property by universal laws of men, and not that which is property only when it is made such by local laws of limited sections of the country. I have no disposition to disturb its existence no purpose to diminish or increase it there. I will acknowledge all its rights there, accepting for that purpose the charts established by Southern statesmen; but I deny that it is such property as, independent of local law or Congres sional enactment, is protected by the Constitution in the territories of the United States.

I have nothing further to say on this very
nice and delicate question. I believe that the
Constitution of the United States was intended
to do justice to all sections of the country-to
the South equally with the North. I am for
that to-day; and I adopt the language of my
friend [Mr. Richardson], who has always
treated me with distinguished courtesy in all
discussions on this subject, that we should do
justice to the South as well as to the North.
In no speech or declaration that has fallen
from my lips, so far as I can remember it,
have I ever expressed a different sentiment;
but, sir, I cannot shut out from my memory
the great fact that the Constitution of the
United States is an instrument of freedom,
contemplated as such by its framers, and inter-
preted as such by all men of the South and
the North until within the last few years. It
is a chart of freedom, established to secure the
blessings of liberty to ourselves and our pos-
terity, giving liberty to the states to do what
they shall think to be proper within their own
localities, under such circumstances as to
them shall seem to be right and just, but
claiming no right and conceding no right to
them to carry their own peculiar institutions
beyond the limitations conferred by the doc-
trine of the sovereignty of states.

No, sir! The Constitution of the United
States is an instrument, not of immediate, but

of ultimate and universal freedom. It was so
contemplated by the great men who framed
it; and the world has so regarded it. The
national flag, that is its symbol, that makes
the land over which it floats, in whatever
quarter of the globe, so long as it covers an
American citizen, American territory, is the
banner of ultimate and universal liberty—its
white and red folds symbols of revolutionary
trials, of the crests of victory, and the blood of
sacrifice. May its starry union for ever stand
as lustrous and imperishable as the golden
fires of God's firmament! [Great applause.]
That is my answer to that question.
The clerk read as follows:-

"That in the territory acquired from Mexico and France

(including Kansas and Nebraska) the Missouri restriction was necessary to make the territory free, because slavery existed there under France at the time of the acquisition, but that the Kansas and Nebraska bill, which repeals that ries nor excludes it therefrom, in his opinion, leaves those restriction, but neither legislates slavery into those territo territories without either local or constitutional law protecting slavery; and that therefore the Kansas and Nebrasks bill promotes the formation of slave States in Kansas and

Nebraska?"

page

Mr. BANKS. I did not see that question, Mr. Clerk, until it was brought to me by a from the desk. It is but a repetition of the first interrogatory, with the addition of a statement of fact. In regard to that statement, I will say that it is doubted whether the institution of slavery existed in these territories at the time they were acquired. Without going into the question whether France, by the decree of 1794, abolished it there, I will say that, if it were necessary that the Congress of the United States should interdict it in those territories in order to make them free, I think that Congress was right in doing it. If it were necessary, in order to give to the South the right to carry slavery there, that the interdict of 1820 should be removed, I think that the Congress of 1853 was wrong in making that repeal: and I cannot, sir, but say, with the light that has come to me upon this question, that the interdict of 1820 forbade and abolished slavery, if it existed there; that the repeal of that prohibition in 1853, inasmuch as it allowed slavery

to

go there under certain possible circumstances, was an act not promotive of the formation of free states. That, sir, is my answer to that question.

The following is his response to Mr. Barksdale's interrogatories :

:

Mr. BANKS. I repeat, Mr. Clerk, the principle on which I answer interrogatories from any quarter, and it is, that I speak as a member of this House for one of the districts of the state of Massachusetts.

In regard to my position as connected with the parties of the country, I wish to make my statement in my own way, inasmuch as it is a matter which particularly concerns myself. I will state the facts, and the gentleman from Mississippi [Mr. Barksdale], and other gentlemen, will draw their own inferences. What they may be, it is not for me to say. When

or by some other methods, or appliances, or principles, there shall be made good to the people of the United States the prohibition for which the Southern States contracted and received a consideration. I am for the substantial restoration of the prohibition as it has existed since 1820.

I was elected to this House as a member from | manner it shall be done; whether there be a the state of Massachusetts, I was elected on restoration of the technical and arbitrary line, the nomination of the regular Democratic party and of the American party of that district. The American party was very largely in the majority. I avowed my sentiments freely and fully on the questions which are involved in the issue presented by that party, before there was any especial cause for me to do so, and before it had attracted the attention of the country; and as an answer to the fourth interrogatory put to me by the gentleman from Mississippi, after it had been submitted to the gentleman from Illinois, I have only to say that, in the speech which I delivered to this body during the last Congress, I expressed freely and fully all my opinions on the subject. The record is there, and to it I refer the gentlemen for information. Let the record speak. I have adopted the maxim of Junius, that it is an unfortunate waste of time for a man to spend any considerable portion of his life in commentaries on his own works. [Laughter.]

I come now to speak to the interrogatory in reference to the equality of the white and black races.

Mr. BARKSDALE. Take the next one before that.

Mr. BANKS. Please allow me to speak to the interrogatories in my own order.

I have to say, in this matter, that I accept the doctrine of the Declaration of Independence, that all men are created equal. In regard to the superiority of races, I am impressed with the conviction that it is to be determined ultimately by capacity for endurance. So far as I have studied the subject, it seems to me to be the general law that the weaker is absorbed or disappears altogether. Whether the black race of this continent, or any other part of the world, is equal to the white race, can only be determined by the absorption or disappearance of one or the other; and I propose to wait until the respective races can be properly subjected to this philosophical test before I give a decisive answer. [Roars of laughter.]

As the other question is the key to the politics of the country, I will now give it my attention.

"Are you in favor of restoring the Missouri restriction; or do you go for the entire prohibition of slavery in all the territories of the United States?"

The territorial question of this day refers to the territories of Kansas and Nebraska. I leave the territories which are to come hereafter to the hereafter; but I say, at the same time, that I am in favor of the prohibition of slavery in Kansas and Nebraska. Then, in regard to the first clause of the interrogatory are you in favor of restoring the Missouri restriction?-I have to say that I desire that the prohibition made by Southern men and Southern States-the inhibitions of the institution of slavery in the territories of Kansas and Nebraska-shall be made good to the people of the country. I care not in what

Here are several questions in regard to slavery in the district of Columbia and the modification of the tariff laws as they now exist. I stand here ready and desirous and determined to co-operate with the men of the United States, who are for the substantial restoration of the prohibition of the institution of slavery in the territories of Kansas and Nebraska. I am ready to act with men of any party and of any views for the accomplishment of this great end. I shall ask no man with whom I shall co-operate in this matter what he thinks of the abolition of slavery in the District of Columbia, or what he thinks, or shall do on the tariff question.

In my view of the politics of this country, these questions are not in issue; and, sir, inasmuch as I propose to ask no opinions of those with whom I co-operate, upon such questions apart from the great political issues of this coming year, so, sir, I say, that I have no opinions myself to pronounce. That, Mr. Clerk, is my answer.

ELECTION OF N. P. BANKS, as Speaker of the
HOUSE OF REPRESENTATIVES.

On the 2d of Feb. 1856, the plurality rule was proposed by Mr. Smith of Tenn. (Dem.), as follows:

Resolved, That this House will proceed immediately to the election of a Speaker viva voce. If, after the roll shall have been called three times, no member shall have received a majority of all the votes cast, the roll shall again be called, and the member who shall then receive the largest vote, provided it be a majority of a quorum, shall be declared duly elected Speaker of the House of Representatives of the Thirty-fourth Congress.

The vote on this resolution was as follows:

YEAS.-Messrs. Albright, Allison, Ball, Banks, Barbour, Barclay, Henry Bennett, Benson, Billinghurst, Bingham, Bishop, Bliss, Bradshaw, Brenton, Buffinton, Burlingame, James H. Campbell, Chaffee, Bayard, Clarke, Ezra Clark, Clawson, Clingman, Colfax, Comins, Covode, Cragin, Cumback. Damrell, Timothy Davis, Day, Dean, De Witt, Dick, Dickson, Dodd, Durfee, Edie, Flagler, Galloway, Giddings, Gilbert. Granger, Grow, Robert B. Hall, Harlan, Herbert, Hickman, Holloway, Thomas R. Horton, Howard, Jewett, Kelly, Kelsey, King, Knapp, Knight, Knowlton. Knox, Kunkel, Leiter, Mace, Matteson, McCarty, Meacham, Killian Miller, Morgan, Morrill, Mott, Murray, Nichols, Norton, Andrew Oliver, Parker, Pearce, Pelton, Pennington, Roberts, Robinson, Sabin, Sage, Supp, Sherman, Simmons, Samuel A. Smith, Spinner, Stanton, Stranahan, Tappan, Thorington, Thurston, Todd, Trafton, Tyson, Wade, Walbridge, Waldron, C. C. Washburne, E. B. Washburne, Israel Washburn, Watson, Welch, Wells, Williams, Wood,

Perry. Pettit, Pike, Pringle, Purviance, Ritchie, Robbins,

Woodruff, and Woodworth.-113.

NAYS.-Messrs. Aiken, Allen, Barksdale, Bell, Hendley S. Bennett, Bocock, Bowie, Boyce, Branch, Brooks, BROOM, Bur nett, Cadwalader, JOHN P. CAMPBELL, Lewis D. Campbell, CARLISLE, Caruthers, Caskie, Howell Cobb, W. R. W. Cobb, Cox, Crawford, Davidson, II. WINTER DAVIS, Denver, Dow