The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-13

wsshinSso

pTOrf edlnXS IN ~
Custom House Co mnhissioners-ih ny
portionment Bill.
In the Senate this momiag, Mr.. Evans presented
a Joint resolution from the Legislature OF Name III
relation 10 the trade of the u. States with the Bn'sh
West India and North American Colonies COIL
planning Of The restrictions on the same Inc qu's-
lion between this country and Great Batain respect
mo this trade. was settled in 1880 by General JACK
SON. We abandoned every thing, conceded all 'ha'
Fno,and claimed or asked, and the trade has been
,aod for no,bing from that time TO this. lhe reso-
lutions were referred 10 the m on com
merce. and il is 10 be hoped that the matter may re-
ce i've the attention OF Congress
M, pRrsros introduced a bill TO invest the pre-
reeds of the Smithsonian fund, and TO establish the
Smithsonian Institution, and accompanied 1t with
some remarks, showing that the Institution tor the
Promotion of Science, which has been in existence
IN Washington for two years past, was possessed OF
a considerable amount of property Of a scientific
character, and the bill merely proposed to give the
institution, as at present organized, a legal exist
ence, so that it might defend its rights of property.
He spoke Of the interesting result OF the labors OF
this institution, and of the moral influence which 1t
was destined TO have, not only in the United States,
but throughout the world. He then spoke Of the
nature and objects of the bill to create the Smith
sonian Institution, which he said was prepared with
the view to carry out the objects Of the bequest-
the dissemination of useful knowledge among man.
kind. He showed that that object could be attain
ed by the passage of this bill, which proposed to
make the institution in Washington for the promo
zion of science an auxiliary, or an instrument in the
hands of the Government, TO further that object.
The Loan Bill was taken up at The expiration Of
the morning hour. The question Immediately pend
lag was the following amendment of Mr.. EVANS:
Strike out all after the enacting clause in the
fourth section, and insert
SEC. 4 That the Secretary of the Treasury be, and he
hereby is, authorised to dispose OF the stock hereafter to
be issued, or any part thereof, at its par value but no
part thereof shall be disposed Of under par until the same
has been advertised a reasonable time and proposals for
subscription TO said loan invited; and the said Secretary
is hereby authorised to sccePt such proposals, ifhe deem
it for the interest Of the UAited States so to do, as shall
offer the highest price for said stock or any part thereof;
or TO appoint an agent or agents, as provided in the third
to negotiate the same Provided, That no stock shall be
disposed Of ata lower rate than the highest price offered
in said proposals.
MI. BESroS moved to amend the above by strik-
ing out all after the words =" par value" and sup
ported the amendment with a speech of some
length.
Alter a discussion in which Messrs. Evans, King
and young participated, the amendment of Mr.. Ben
ton was rejected by a vote of 25 TO Is.
The question required on Mr.. Evans amend
ment to the fourth section Of the bill which was
adopted without a division.
MI. BENroN moved to strike out the third section
of the bill, which was in these words;
SEQ. 3. .dnd be 1t further enaetsd, That the certificates
hereafter to be issued for said loan may, ,rhen required, be
in such form as shall be prescribed by the Secretary Of
the Treasury, 20 that the stock may be transferable by
delivery Of the certificate, instead Of being ~0sssnabe on
the books Of the Treasury.
After a brief discussion the question was taken
~. n>~ton,, ar,anJunaxt To et;L a o,t Tho 0rJ
section, and resulted, yeas 20. nays 10, as follows:
YEAs-Allen Bagby, Benton, Buchanan, Calhoun,
Clayton, Fulton, King, Linn, McRoberts, Sewer, Smith,
Of Connecticut, Sturgeon, Tappan, Walker, Wilcox,
- Bates. Berrien, Chossie, Crittendea,
Evans, Gr.ham, Mangum,- Merrick, Miller, Morehead,
Preston. Rives, simmsns, Smith, Of Indiana, Southland,
sprague, TallmaAge, and White-l9.
Nh SMIiH, of Connecticut, addressed the Senate
for about two hours in opposition to the bill, when
IT was ordered to be engrossed for a third reading
without a division.
A letter from Mr.. Pren,iss, one of the Senators
from Vermont, resigned his seat was then read, and
the Senate adjourned.
II has been stated in some of the papers that Mr..
Barstow, of Massachusetts, is 10 be appointed Con-
sui to Rio. This is a mistake. The President, 1t is
understood, does not intend TO remove Slocum.
The Senate entertained the opinion that the nom.
ination and confirmation of Powell annulled the
commission OF Slscum, and the matter was referred
to a committee, which has not yet reported. The
PRESIDENT n0lQS a OlncIent opium, ~ III tHiS liz
seems to be sustained by a decision OF the Supreme
Court. The Court decided, in the case OF Marbury
against Madison, that an appointment was not com
PIete until the commission was not only signed but
Presidential term, had appointed, aud The Senate
had confirmed, Mr.. Marbury as a Justice of Peace
for the District Of Columbia. The commission was
signed by Mr.. Adams, but not delivered When
Mr.. Jefferson came in as President in lsOl he dl.
rected his Secretary Of State not to deliver the COM
mission. Marbury brought a suit against MIR; Madi,
son TO compel the delivery, and the Court decided
against the plaintiff. The cases are not parallel, &c
be sure but as an appointment is not complete
until the commission is delivered, the incumbent o
course is not removed until the successor is appoint
ed. Powells commission was not signed. lie wa
not appointed, according 10 the decision OF the
Court, therefore the commission OF Slocum hold.
good.
g Gov. Poindexter's report on the New York Gus
tom House is now complete in the hands OF the Sc
cretary OF the Treasury. Whether II shall be pub
lished, in full or in part, or whether lis suggestion
shall be adopted in the regulation OF the Custom
House, without giving the report publicity at all
will be for the President, in the exercise Of a sounC
discretion, to determine. A call has been made by
bo.h branches Of Congress upon the Secretary TO
the report, but it is difficult ts see what they hav,
10 do with il. The commission was instituted by
the President, the commissioners derived their au
thority solely from him, the report, is necessaiil.
made to him, and he will make such disposition q
il as the public interest shall dictate.
The wings in Congress have 1t IN anticipation {
deter defniive action upon the apportlonment bt
until the next session. The ohJecI IS 10 put oil tn
Congressional elections 10 the latest possible PERIOD
In the hopes of a reaction in the popular mind in "a
vor Of w~hlggery. The pretext will be to ooviai,e tn
necessity Ter extra sessions of the several state legs
laures-as though the states themselves could nC
deter action until the regular sessions, II / 1t wa
deemed advisable. 1t seems hardly possible Tor IN
design TO be effected. The real object IS too spps
rent, and the possible conse quences are too SERIOUS
suppose the bill is laid over until the next session
Congress II cannot then be acted upon IN seaso
Tor the states to enact the necessary laws and MOI
their elections until late in the spring. TINS Cor
gress expires on the fourth OF March next, and W
shall have an lnterregnum of weeks in duration, sn
perhaps months. Under no circumstances is such
state Of things safe or proper but in the preser
critical condition OF the country, which seems iik,
ly 10 continue, even the wings will hardly incur III
responsibility oi leaving the nation without a Iegisl,
lure.