The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-10
Cmemtp=Seoemth Congress.
IN SENATE,
FIRST SESSION.

TUESDAY, June D.
Mr.. TALLMADGE presented resolutions of the
General Assembly and Senate, Of the State Of New
York in favor of distribution of the proceeds Of the
sales Of the public lands.
Mr. EVANS presented petitions Of citizens Of
Maine, for general Bankrupt Law also, for Bank
of the United States Referred 1.-The first to Commit
tee on the Judiciary the second the Committee of
Nine.
Mr.. BUCHANAN presented the petition of E.
Lhtell, OF Philadelphia, for Bank of the United
States submitting, also, plan for the same. Mr. b.
stated, somewhat at length the details OF the paper
and moved for the printing.
Mr.. BENTON objected, and Mr.. Buchanan with
drew his notion
Mr. PoaTER,. Mr. Morehead Mr.. Merrick, Mr.
Benton Mr.. Young, Mr.. King, presented petitions
which were referred to appropriate Committees Seve
raj were for Bankrupt Law, which referred to
the Judiciary Committee.
Mr.. BENTON'S resolutions calling on the Pres-
dent for information to Banks, Disbursements, &c.
were taken up.
Mr.. CLAY did not object to the resolutions but
wished for a change of form. They were address sed
to the President requesting information They should
be addressed to the Secretary Of the Treasury, direct
| ing him to give information.
MIR. BENTON accepted the amendment as appli-
cable to part of the resolutions.
Mr., PRESTON moved to amend in the last line of
the first resolution by striking the words reported
to have BEEN to read I" moneys not paid
| according to law"
| Mr.. BENTON objected to the amendment as clog
| ging the inquiry
was accepted by the Senate. The resolution, as
amended passed.
The remaining resolutions were taken up in ORDER
and passed, severally without opposition being
amended in their forn like the fist according TO Mr..
Clay's suggestion.
Mr. SEWERS resolution, calling on the President
for information TO the for the removal oil
Gen ArbuckIe from Fort Gibson to Baton Rouge.
Mr.. PRESTON objected TO a call on the Comman-
der-in-C Chief for purely Executive act
Mr.. SEWER made very animated and energetic
speech in favor of the call He denounced the reno
val as made merely to please John Ross
Mr.. PRESTON replied TO the effect, tn at he knew
nothing of the particular circumstances of the case
but he opposed it general principles. The Senate
was not competent TO inquire into the exercise of the
mere military functions Of the COMMANDMENT Chief
If Gen Arbuckle had been dlsgraced by this order
he had his remedy in court of inquiry.
After conversational debate the propriety
of taking up the general orders one o'clock having
arrived)-Mr. SEVER replied to Mr.. Preston reiierat
ing his former assertions He called for the yeas and
nays; which were ordered The resolution was then
Mr.. BAYARD then called up the joint resolutions
manfestiDg the senslblity of Congress the death
Of President Harrison; which were passed
Mr.. CLAY moved that 1900 extra copies of the Re-
port Of the Secretary ofthe Treasury be printed
Mr.. WOODBURY. objected to the immediate
adoption Of the resolution he wished 10 make some
remarks the report.
Mr. CLAY hoped he would not object. 1.-THE Sc
ma had speech TO make, they would furnish him
with fifty appropriate occasions.
Mr.. w persisted and Mr.. Clay consented TO the
posponement of the motion.
The General Orders We're then taken up and Mr.
BERRlEN having the floor at the adjournment yes.
tcrday addressed the Senate at length in OPPOSE
ton TO Mr.. Cahoun's amendment and against Mr.
Cays proposition fol the repeal Of the State Bank De-
pose act OF 1886.
Mr.. CALHOUN spoke in reply partly by way of
explanation.
Mr.. WALKER explained his reasons for voting
against MIR. Cahoun's amendment He had always
b, en- opposed to the State Bank Opposite syslcm-n
1886 and ever since. He was elected such He
knew the Sub treasury would be repealed but this
would be the last substitute that he would vote for
MIR. BENTON replied briefly to Mr.. Walker and
opposed Mr.. Claws order of proceedings in attacking
the Sub-treasury first
Mr.. CALHOUN replied also 10 Mr. Walker: and
some explanat atoms ensued between them
Mr.. WALKER replied fully to both Mr. Benton
and Mr. Calhoun.
Mr.. YOUNG, of Illinois, proposed to amend the
bill hrst ny inserting the words neglect or" before
the word refuse in the clause making refusal
to pay over public moneys To the order of Government
primd tdcie evidence Of embezzlement; which amend
ment was accepted by Mr.. Clay, and adopted by the
Senate and in the second place further TO amend the
bill in such manner to provide that if an agent of
the Government previous 10 his refusal to paw over
The public money should put his property out of his
hands ny assignment or other conveyance, that act
should be pronounced felony, and subject him to all
the penalties of embczzlement
Mr.. CLAY said he could not agree to this amend
mcnt He thought pushed the penal principle rather
too far To declare the fraudulent conveyance of pro-
perty felony was going beyond any law with which
he was acquainted, and there might besides be many
cases where the fact of conveyance was doubtful
Mr.. YOUNG observed that the case was one Of
very frequent occurrence, at least in the West and
some punishment ought 10 be provided for H. II gen
tlemen would not declare il felony, would they
sent that II should be held a conspiracy to defraud
the United Siates7
Mr.. HUNTINGTON admitted that il was very
desirable prevent such frauds but the courts
open, and he thought would provide sufficient
dy. AT all events, he could not consent to declare
fraudulent conveyance felony.
The amendment was rejected
Mr.. BENTON moved the following amendments
Ard propided further, That the following sections
and parts of said bill shall be excepted from this repeal
and shall remain and continue in force, to wit: Sec.
tons ~ and 70, section 81 section %, section and
so much OF the 18th section makes il felony m dis
bursting officers and persons connected with the fost
Office Department 10 the public money Tor 'neI
own OF other purposes and neglect or refusal 'oP'y