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ri,T. TO S E P A R A T E T H E G O V E R N M E N T





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In Senate, March 2 3 , 1838—Upon the Mil " to im- f tody of the constitutional organs and agents oV the
p o s e additional duties, a s depositaries, upon 1 people, a n d to commit it to a b a n k , created by C o n c e r t a i n public officers, to^ appoint Receivers Ge- gress, or to a league or oligarchy of bantrs, created
n e r a l of public money, a n d to regulate the safe- by State sovereignties, quo ad hoc,foreignlo the Unik e e p i n g , transfer, and disbursement of the public ted States» and beyond their control', to be used, until wanted for the public use, for the benefit, profit, and
m o n e y s of the United S t a t e s . "
M r , ' W A L L rose and addressed the Senate as advantage of the privileged corporations selected.
You will perceive, sir, that I have classed the
follows :
distinct propositions which respect the c amitting
Xhff uilt which now d e m a n d s our action, M r . the public treasure to a B a n k of the United States,
proposes to provide by law for the safe- and the State banks as one a n d identical. It is so
k e e p i n g " , transfer, and disbursement of the revenues in principle.
Both reject the officers chosen by
a n d p u b l i c moneys of the United States, T h i s is a the people, under the Constitution, a*, not trust*
d u t y i m p o s e d upon us by Lhe Constitution, and we worthy and safe depositees; both require the repuc a n n o t discharge ourselves from its performance, d i a t i o n of the principle of keeping the public m o n e y
w i t h o u t being guilty of a neglect eminently cen- j solely for the public use. Both assume that corpos u r a b l e , if not criminal. It is a duty that all admit
r e s t s u p o n u s ; and the Legislature o f N e w Jersey, i rations are better qualified to choose the officers to
i n t h e resolutions which m y honorable colleague keep the public money than the people j and that
h a s r e a d to the Senate, and m a d e part of his the corporations, for thus performing a duly, with
s p e e c h , a n d to which he professes fidelity, declare, which the people are not fit to be trusted, should
'* t h a t it is the constitutional right and duty of be rewarded by a privileges denied to aii other perC o n g r e s s to provide for the safe-keeping and (lis* sons, bodies, corporate or politic, of n-xyig the pubposition
of the public treasure. 1 1 M y colleague lie treasure for their own profit.
Shall we, then, commit the p u b ^ c revenue*,
h a s satisfied himself, by what process of reasoning
it is n o t my purpose to inquire, that that treasure which have been called the life-blood o;' me people;
is n o w in the h a n d s of the Executive. If so, sir, shall we commit the public treasure, which M r ,
the soul
it m a k e s that duty more imperative, and ou^ht to Madison, on one occasion, denominated
s t i m u l a t e and accelerate our action^ T think my and body of the body politic," to the officers of the
c o l l e a g u e wrong in his view, on this .subject. Still, people, "their constitutional agents and organs? or
h o w e v e r , I concur with hirn and the Resolutions o? shall we pive the sou I and hmly, and the life-blood
t h e N e w Jersey Legislature, both a* to the rnrht of the people, to corporations without soul or body,
a n d d u t y of Congress ; and mean to perform tiiat or the generous impulses which spring from the
c o n s t i t u t i o n a l duty faithfully, to the best of my cAJtrent of the iife-blood?
M r . President, in my judgment, this is reviving,
a b i l i t i e s and understanding.
H o w , then, shall we perform that duty under in another form, the long agitated question whether
t h e Constitution, in the best m a n n e r for the coun- the people are capable of self-governmenr.
t r y ? I n other words, how shall we best provide who contend for the agency of banks instead of the
for t h e safe-keeping of the public treasure ? T h e r e people in choosing the guardians of the public treaar«i b u t two modes proposed, or which can be pro- sure, in effect deny that the greatest experiment, m
p o s e d ; one is, to commit the custody of the public the pursuit of h u m a n happiuesv,ever m a d e by nations?
t r e a s u r e to the constitutional officer* of the people, —the experiment (I beg pardon of the gentlemen
d e s i & n a t e j , regulated, controlled, and punishable upon whose ears this word grates so unpleasantly,
by liiw of Congress, and hound by all the solemni- for repeating it) of the capacity of th* people for
ties a n d obligations, a n d restrained by all the self-government—has succeeded- nay, it is proclaimp u n i s h m e n t s which the laws and the Constitution ing that \: has failed. It carries us back to the position of our ancestors, at the time of The glorious
c a n i m p o s e to ktep ii solely Jin* th* j&-:.: u*r,*
T h e e t h e r is to withdraw it wholly fr^m the c u > Declaration of American Independence. Whax w a s
that position? Our ancestors had brought with

them, from their mother c o u n t r y , that part of the
c o m m o n law called the Folk L a w , but none of the
essential portion of political power, or the prerogatives of sovereignty. AH that portion which related
to the independent right of .self-government, th*
right to the purse and the sword, w a s lett, or
claimed to he left, beyond the Atlantic, in die keeping of the K i n g and the Lords and C o m m o n s of
E n g l a n d . T h e Revolution s p r u n g from the claim
of P a r l i a m e n t to the purse of the A m e r i c a n people.
Our a n c e s t o r periled life, liberty, and honor in resistance tp a twopenny duty upon s t a m p s , and a
threpenny tax upon lea. W h o does not recollect
the a r g u m e n t of the T o r i e s of that day, to prov
that the people were not capable of self-government, and thai it was the best policy, and greatly
for their true interest:-, to leave their purse in the
keeping of the English P a r l i a m e n t , and their sword
in the custody of the Kins'? Our ancestors triu m p h e d . All political power became their o w n .
T h e y took it in their o w n hands, and by a written
Constitution prescribed the orbits, and denned the
limits, of that power, and regulated its future distribution, exercise, and action.
L e t us not confound names, or confute ideas.
Our ancestors understood by the word sword, that
p a r t of the prerogative of sovereignty which relates
to the declaration of w a r , a n d issuing letters of
marque and reprisal—the power over the peace of the
By the British Constitution, that prerogative w a s assigned to the K i n g . But the p e o p l e / b v
their representatives in P a r l i a m e n t , retained the
purse in their own hands; that is, the rieht to a p
p r o p n a i e revenues, the right of taxation, and the
right to raise and provide for armies, to control the
Executive authority of the sword. But the ri^ht to
appoint the officers who were to wield the sword,
and to collect and ke<?p the revenues, was a n E x e c u t n e power, and left with the King.
T h e people, when they framed our Constitution, look both
the sword and the purse from Executive power,
and transferred it to Congress, the legislative
power. But the appointment of the officers of the
a r m y , and of the revenue, to collect and keep the
public WeaMire, w a s left still an Executive power,
to be exercised t»3r the nomination of the President,
and the confirmation of the Senate.
W h e n the
people, speaking through their legislative power,
raise revenues, public treasure, they prescribe the
mode of keeping and disbursing it, and then the
Constitution steps in, and fixes the agents by whom
it is t*> be done. But how? F o r private use? jNro,
sir, no; for public use, by officers of the people,
and according to thef wilt of the people.
Let us
h e a r no more about the President's usurpation, of
his grasping both the purse and the swordy because
h e appoints and removes officers of the a r m y , and
of the revenue, a n d the Treasury^ Congress can
neither confer nor take a w a v that power; it is
given by the Constitution.
Y o n can create officers, but you cannot appoint officers, without usurpation.
I will not borrow the language of my
honorable colleague, and say *Mhat it JS groxs ignor a n c e or deception" to assert that the President can
usurp the purse nnd the sword by appointing or rem o v i n g officers to c o m m a n d the a r m i e s , or collect
a n d k r e p the revenues and public treasure; but I
rill s a y , that s u c h a pretence has n o foundation in

ihe Constitution 01 the l a w s of our c o u n t r y , a n d
can do no harm but to h i m w h o has t h e h a r d i K ^ v ^tj
to assert it.
It is revolutionary a n d u n c o n s r t u >
M r . President, o u r ancestors, by the 3-evoluttjpn*"'
acquirpd the whole political power, all t h e p r e r o ^ - ^
atives of sovereignty. W e a r e now a s k e d to,$ U r-T'
render to corporations, to b a n k s , a p a n o f * f h a * »
sovereignty, and the most essential p a r t — t h e v e r y .
life-blood oi sovereignty, the soul a n d b o d y o f t h e
people, the purse and public t r e a s u r y .
amazed and astonished a"t the m a g n i t u d e o f * t h t f
demand. W h a t , sir, give the custody a n d us*e oX
the soul a n a body and hfe blood of t h e p u b l k £ to
corporations, w h o , in the quaint l a n g u a g e o f rSbrd
Coke, have "neither souls to be d a m n e d , n o r rt^£fe&f
to be h u n g ; " a defect the more to be l a m e n t e d , a s m
protects them from p u n i s h m e n t , b u t d o e s n o t s a v /
them from sin.
But, sir, if you commit the custody of t h e public*
m uney to coiporations or banks, how a r e t h e y to*
keep ii? W h y , they must, after a l l , d o i t a s the
people d > it, by agents or organs—by officers; ch83T
sen by themselves—by men. T h i s b r i n g s u s on the
true difference between the policy s u s t a i n e d a ad
carried out by this bill, a n d the policy o f i t s Allied
opponents; a n d it is simply this. W e st^y t h a t ihc
people ought to choose those m e n ; t h e y s a y ifrT,
give the choice to the banks* W h y s h o u l d not
the people choose? If they a r e to be e x c l u d e d , it
must be because the great e x p e r i m e n t o f selfgovernment in their h a n d s h a s failed, a s r e l a t e s to
the purs>e; in other words, the people a r e n o t lit to
govern themselves—to take care of t h e i r m o n e y .
T h e y are their o w n worst enemies, a n d t h a t b a n k s
are the best conservators of their m o n e y . T o carry on the great experiment of s e l f - g o v e r n m e n t , the
people must dispense with their o w n a g e n t s , and
substitute in their place the agents of b a n k s , and
give the banks the use a n d profits o f t h e juiblic
treasure. D o the b a n k s choose m e n w h o a r e ihore
honest, faithful, a n d c a p a b l e , t h a n t h e people?
Does a bank stamp u p o n m e n o p e r a t e a s i t does
upon paper, and c h a n g e their q u a l i t i e s , v a l u e ,
worth, a n d character? A l a s , sir, the h i s t o r y of ^
banks and corporations is the blackest p a g e i n the *
history of fraud a n d violated trust.
M r , President, I repeat that there a r e b u t two
sides to this question. T h e r e a r e b u t t w o poticies
thought of. Shall we select the officers o f t h e people, chosen and appointed u n d e r the C o n s t i t u t i o n ,
and regulated by o u r laws, to keep t h e p u b l i c ' T r e a sury, or shall we delegate that selection t o corporations or banks?
.Now, sir, it m a y well be d o u b t e d w h e t h e r we
have a n y such constitutional power s o t o transfer
and delegate our o w n legislative t r u s t .
if we h a v e , we can so far c h a n g e t h e Constitution,
which gives to the President " t h e a p p o i n t m e n t of
all officers of the United States established by tew,'1
and not o'herwise provided for in t h a t instruntentDoes not an officer of a b a n k , selected to k e e p thfl
public p n r t e , become ipso facto a n officer of the'
United States? T h e Constitution of the United
Srates intended to create a h i n d e p e n d e n t Government—self-acting, self-moving, .self-poised, self*
sustained—to derive its,vital power f r o m the breath
of the people of the States c o m p o s i n g t h e Union*

I t * o r o p o r t i o n , its stature, its features, its functions, policy, disguise it as you will, is, in fact, to sepajl ^ J n a r e delineated by the mighty hand of the peo- rate the money of the people from the people and
i *
O n e of the fundamental principles of that from their Government; to put it beyond the conC o n s t i t u t i o n is, thatp.II the functions of the Govern- trol of the people and their Governm *"t, under ihe
m e n t t f r u s established, shall be performed by men control of banks and bank agents^ for bank uses. How,
o f s o u l s a n d bodies, nerve and sinew, responsible j sir, i5 this attempted to be done?
aji<i a m e n a b l e to impeachment, to punishment;
They attempt to separate the peopiO from the
n a t u r a l toodies, not artificial bodies--soulless and i Government, to sow dissensions, create animosities,
' i r r e s p o n s i b l e and unpunishable, but all deriving I and to alienate the people from the officers whom
t h e i r a u t h o r i t y from tho people, and responsible to ! they have chosen. Does not he w-.o causelessly
*tlie p e u p l e . Are corporations so? W h o can open j attempts to make the people believe that their inteI r i e i r b o o k ? ! or doors without their leave, even if rest is distinct from their Government, and thus to
s t i p u l a t e d for by law or contract?
I create two separate powers, aim to overthrow and
G o u l < l w e delegate the trust of selecting our fiscal j subvert the Constitution? Sir, the Government
• a g e n t s t o the d u e e n of Great Britain, or to the King ; under our Constitution is from the c eople, of the
o f F r a n c e ? Could we give the use of our moneys i people, and for the people, one and indivisible,
Cut the ligament which
a n d t h e appointment of our fiscal officers to the I forever inseparable.
B a n k of England or of France? And if not, why [binds them together, and th^ people will not have
n o v l T h e s e inquiries are full of weighty and im- j left even the poor privilege of dividing a part of the
p o r t a n t considerations; but I shall not pursue theni ; prerogatives of sovereignty with bank corporations,
j They declaim against office-holders, arid attempt
f u r t h e r at present.
T h * policy proposed by this bill, and which the j to render them odious and suspected by the peog e n t l e m e n on the other side call the policy of the ple. Why? is it that office necessarily corG o v e r n n i e n t , is, when analysed, simply to separate rupts? Oh no. Let the banks eon er office, and
t h e t r e a s u r e s of the people from the funds of the honor, integrity and talent go with the patent*, or
"credit system, or banks; to withdraw the public re- let their own party confer office, and the recipient
Is it not
v e n u e s from the use of a privileged class of men, at once becomes superhuman, godlike.
w h o a l r e a d y have ihe right to draw treble interest strange that those who are continually denouncing
upofl t h e i r money; to prevent its being banked upon, office holders as corrupt and corrupting; who
a n d m i x e d up with the fluctuations of trade; to re- talk of scourgisg them back io their dens,
s t r a i n t h e banks from loaning it for their own use and caverns, and prisons, will b< found like the
to t h e people to whom it belong?, and charging moth fluttering around the attractive flame, which
t h e m a s the banks charge them for their own funds, i* sure to consume theirvirtue, honesty, and patriot r e b l e interest; to interdict the banks IVurn making tism? Nay, they are even Willi:;::" to owe their
u s u r y o f the public treasury and putting that usury greatness to their country's ruin. Their hopes rise
i n t h e i r own pockets; it is to bring b^ick the Go- as the barometer of their country's prosperity sinks.
v e r n m e n t to its ancient simplicity, to its constitu- Their mirth and rejoicings seek the scenes of the
t i o n a l action; to return to the principles of the first greates; distress for their exhibition, and their feasts
X r e a s u r y law framed by the makers of the Consti- of triumph are spread upon the tombs of trade,
credit, and commerce, and midst the ruins of the
t u t i o n , ihe law of 1789.
Li'ik-: the revels of
T h i s law collected, kept, and disbursed the pub- prosperity of their country.
l i c m o n e y , by the agency of the officers of the Go- the guardians of the sick, in the c-ics doomed to
v e r n m e n t of the United States, not of banks, and the ravages of plagua and ppstilen-e, their orgies
s u c h w a s the practice for nearly the first thirty become more loud i\nd revolting, a« the scenes
y e a r s o f the Government. Does this do wrong to of human misery deepen in horror and sufferings
a n y one? Is it not in conformity to the principles If we believe that the scenes of distress which they
of o u r institutions, of equal rights and equal privi- depict, are drawn from nature, what but consolal e g e s , a n d that the blessings of Goremment be dif- tions of the near approach of office would shed
joy, and mirth, and glee, upon feasts spread amidst
fused, like the gentle dews of Heaven, upon all?
If we must look for agents chosen by corpora- the ruins of their country.
Mr. President, we have the scenes of the panic
tions, what right has the corporations of banks over
the corporations forrailroads, canals, mrnpikes, me- session acted over again on this oceasion. Eternal
c h a n i c s , manufacturers, farming, or other useful war is declared- against this odious policy of the
p u r p o s e s . N a y : what right hay the president and Government, Executive enci; : laments, tyrant,
directors of a bank, in their corporate character, General Jackson, the rtraova! of the deposites,
o v e r the individuals who fill those offices? W h o the war of the Executive upoM commerce and the
w o u l d not as soon trust Nicholas Riddle, Preserved credit system, are again the fruitful subjects of
F i s h , Isaac Hill, and thei<r respectable direc- eloquent declamation. All public mis rv and distors, a n d the other respectable presidents and direc- tress is again traced up to the war upon'the credit
t o r s of State banks, in their individual character, as system, and the removal of the d e p o s e s . Sir,
in their corporate character? Yet what would be have we lost our memories? Do we not recollect
thought of the man who sh ould seriously propose how positive the same gentlemen, who now renew
t h a t the public funds should be committed to the dady their griefs from the same fountain, were,
c h a r g e of such men as ihey should sHect, and that that the only panacea for the restoration of prospethey should have the use and interest of it for the rity was the restoration of the depositee? The depositee were not restored, but the recuperative
trouble of keeping it?
N o w , what is the antagftnist principle of the energies of the people restored prosperity. It is
allied opponents of this policy? T h e antagonist hazardous to try the same experiment of delusioa

twice upon an intelligent people. Do the banks
contract and expand, and then suspend, and thus
fill the land with misery? it is all charged to the
removal ol the deposites, and the withholding the
public money from the private use of the banks.
This continual clamor reminds me of ;he torv who
was found in office at the commencement of the
Revolution, and his adherence to his principle, lost
him boih office and property. After the Revolution, having received the remuneration which was so
royally bestowed upon the loyalists, he returned to
thts country, but to the day of his death, when
business was dull, trade prostrate, crops short or
any disaster occurred in the political or natural
world, he never failed to exclaim " that ii was all
owing to General Washington and the Vmerican
Prejudice is always the same; short
sighted, vindictive, unjust.
The old story, that « he who trades on borrowed
capital ought to break," has been taken from the
counter, (where it had been nailed as the counterfeit
presentment of trmh) by the honorable Senator from
Massachusetts, [Mr. WKBSTKM , m d mv colleaou?

hare been fatal here, if the State b a n k s h a d
not been guilty of the amiable error, t o w h i c h
my colleague alludes in such gentle terras, " o f t
ing to make Mtoo much money for those w h o W e r e
entitled to it.
In other words, they o v e r - b a n k e d
and over-traded, and, like their unfortunate d e b t o r s *
whose errors they begat, when called on, t h e y c o u l d
not pay. Fortunately for them, they are p r i v i l e g e d
Whatever disputes may exist about t h e p r i m a r y
^ause of distress, every man sees and feels t h a t it
;s caused immediately by the contractions a n d e x pansions of the banks, and the suspension o f s p e c i e
payments by banks. This is palpable. H e ia
no friend of the banks who advises them to b e c o m e
politicians, and to enter the arena of politics* I a m
no enemy to the banks; but I warn them t h a t if t h e y
become politicians, they must share the fate o f p o liticians. To be useful,'to be faithful lo i h e i r t r u s t s ,
they must confine themselves to their p r o p e r
sphere, and avoid both politics and usury, 1 w a r n
them that the law makes a distinction b e t w e e n
vested rights and vested wrongs.
an, d
a ldOnC ,n0re
m in
L l e n u T n e Sir, I Tdo not Relieve* that ^culntiou
^ ' t
as genuine.
even their
Mr. President, it would be well for the S l a t e
« at, however excellent it may be, can restore ere- bank? to take warning by the fate of the late Ganjfc
S v e nnew v - T ' T ^ t h C impress. t c o base ^ r e - of the United States. It was assumed b3 its friends
' ls
ceive e w value from its
and it is asserted daily here, that General J a c k s o r l
accused of w ' a l F « e S e n t A ( l m i n " ^ t i o n s have been made war upon it, and that its virtue a n d i n c o r w.ip3 u^un iraae, upon commerce, ruptibility was the only cause of that w a r . I will
apon banks, and upon the credit system. Why, not enter into The history of that war, but I will
Mr. President, you cannot open a statute book nor say that it is clear that this charge, which i m p l i a treaty, nor cein you walk abroad, in the city or in cates both General Jackson and the then S e c r e t a r y
Uie com^ry, bu\ you find a refutation of il^se un- of the Treasury, Samuel D. Ingham, was: n e v e r
lounded charges Lot k to the millions restored by advanced until three years after the attempt w a s
treaty to the^merchants, tke laws for the relief of alleged to have been made upon the virtue of that
merchants; of banks, and let them answer. This institution; that such a charge is repelled, both by
and the former Administration hav<? been eminently its stateness and the character of the S e c r e t a r y , to
the friends of commerce and the credit system, and say nothing of the character of Gen- J a c k s o n ; a n d
have been rewarded, as benefactors are too often I feel that it is due to the character of S a m u e l IX
rewarded, by persecution and slander.
Ingham :o say, that Although I have differed wirh
But, Mr, President, it is amusing, as a novelty, him on some subjects, yet, that his administration
to find that gentlemen in the Opposition are now of the Treasury Department, able, upright, faiththe advocates of the pet bank system. Have they ful, and independent, ought to have protected h i m
so soon forgo .'ten the eloquence which they dis- from such a charge. Sir, gentlemen are estopped
played in abusing that odious system, and their } by the records of the people's voice, from r e n e w i n g
prophecies that it would fail? It has failed; and that old topic of declamation. The war w a s m a d e
now, when prophecy has become fact, they become iby the bank itself, not of defence, but of offence,
its strenous suppo/ters, and ask us lo help them in < upon the pockets of the people, to extort from the
sustaining* measure that has been tried, andfailed. sufferings of the people a renewal of chartered
Sir, there is no disputing about taste; some prefer privileges. It was carried on by contractions and
tainted viands, and I have heard of a whole nation expansions; it stopped short, however, of the last
whose taste requires the action of corruption to resort of desperate valor, blowing up the ship; in
make food palatable.
other words, compelling all the banks to suspend
However, in justice to the pel banks J feci bound specie payments. The war of that bank w a s like
to say, that, in my opinion, their ruin was com- that of the genie,'the son of the daughter of Eblis,
menced by the recharter of the Bank of the United and, like that genie, its pretext was that it had been
States by the Legislature of Pennsylvania; hasten- summoned before the American people in breach
ed by the deposit© law, which originated with their of contract. It had the same power of metamorpresent friend*; and sealed by the Bank of Ens- phosis. It assumed the shape of a lion, terrific a n d
land by the one week's panic which oansed the frightful; and when its lion-head was c a t off, it
prostration of American houses, and the overthrow changed into a scorpion, then a cat, next a worm,
which pierced a pomegranate, the good old Key0 f American eredit, to which my colleague has alstone State. What is hereafter to be its fate,t oiss ehid
luded Sir, the throb of the pulse of the great
credit* syslcrn, whir.h ended in the revulsion, in the mysteries of futurity; but it is easy
that if the pomegranate should, after all the extraorbeat in the veins of the Bank of England
motions that the worm
sir vou must always look for and feel it, for dinary that the worm will be may make it performs
found rolling on the
« & / 5 will be first feltBut it would not burst,

a- caJ*al, whose waters it will seek as its great credit or paper system has changed the form
of wealth, and has corrupted it. Wealth, under
I c o n c u r , ^tAr. President, with those who believe the feudal system, had its chivalry and its patriot*
It owned the soil which sustained it, and
*hat t h e i n t e r e s t both of the trading community and ism.
% b a t i k s w i l l be best promoted by acting upon the thus it was bound to its country, and its prosperityPrinciple o f b a n d s off, let alone. W h a t have the The gallant barons, who paraded in armor at Runtfcerchants g a i n e d by becoming the allies of the nymede against their King, were fighting for priviSank o f t*ie United States? W h a t has their heroic lege; but iu the conflict they accidentally struck,
<Wotion g a i n e d for them? The honor of being with their mailed hands, the rock of liberty in the
Stashed u n d e r the wheels of the car of the Jugger- desert of oppression; from which has flowed the
naut o f w e a l t h , or being consumed upon the pyre purest fountains of the common law, whose waters
nourish and sustain the liberties of man throughout
*hich t h e i r o w n idolatry has raised.
j £ r ^ p r e s i d e n t , one of the instincts of wealth is to the world.
Sain p o l i t i c a l power. Its spirit is aristocratic, oliThe wealth of the credit or paper system has no
garchic, a n d monarchic, always warring for privi- chivalry, no patriotism, no country. It is a vagaleges a n d against equal rights. In the days of feu- bond. "Without any of the redeeming qualities of
dality w e a l t h consisted in lands, and that gave feudal wealth, it retains its worst instinct. It seeks
tank a n d p o w e r . That system was simply a sys- political power with an appetite that never tires,
tem o f c o n c e ltst r i c circles, rising from the serf to the and knows no bounds. The much boasted credit,
Inonarcli in
different gradations, each under the or paper, or bank system, (for they are only diffeinfluence o f the next, and allnioving round a com- rent names for the same thing,) is only a modificamon c e n t r e — t h e king, as the paramount lord. But tion of the feudal system, the system of privileges.
the p e o p l e or serfs had no rights. That system The different banks which dot the maps of every
Was g r a d u a l l y worn away by wealth assuming a State, are a system of concentric circles, each undifferent form—that of gold and silver; but it was der the next in amount of capital, and moving
Hot finally destroyed, until gold and silver invoked around the common centre, the paramount lord,
the a i d of the magic credit or paper system. In the money king, the feudal sovereign of banks.
1693 t h e foundation of the much boasted credit Where is that king to be found? In the Pennsystem w a s laid, by the establishment of the Bank sylvania United Stales Bank in Chestnut, street*
of E n g l a n d ; and in 1720 it was expanded by the Where must yon seek its paramount lord? It is the
South S e a project and additional capital. History Bank of England.
tells u s t h a t both were opposed by the patriots of
Mr, President, the fact cannot be disguised. Rethat day* Although the paper system crawled into cent events have revealed it, and it has been a c existence i n the humble guise of demanding eight knowledged on this floor. The trade, the business,
percent- interest on one million and a half, for half the prosperity of the United Stales, are no longer
a m i l l i o n of gold and silver actually put in bank, under the control of the constitutional agents of
yet all t h e beauties and benefits of the system were the people—the National Government. This crem a i n t a i n e d there very much as they have been main- dit system, as it now exists, has thrown us ba^k to
tained h e r e . Those who opposed the establishment a more abject state of colonial vassalage than our
of the p a p e r system then, contended that it was cal- ancestors endured sixty years ago. But they had
culated to enrich the few, and impoverish the a king, in all the pomp and circumstance of royalmany; t h a t it would become a monopoly, aud en- ty, in name the Father of his People. I fear, sir,
gross the whole money of the kingdom; that it must that we are to seek our king in the dark meanderinfallibly ally itself to political power, and be em- ing* of Thrcadneedle street, in London; and there
ployed to the worst purposes of such power; that we shall find him enthroned on a three kgsred stool,
instead of assisting, it would weaken, commerce with a pen behind his ear, graciously pondering on
and t r a d e , b y tempting people to withdraw their the mysteries of usury and stockjobbing; absorbed
m o n e y from trade, and employ it in stock-jobbing; in the heartless selfishness of avarice, and intent
that it would countenance the fraudulent and per- upon the best mode of skinning his loving subjects.
nicious practice of stock-jobbing, which diverted
W h a t is the doctrine that we now hear? W e
the g e n i u s of the people from trade and industry; are transported back to the days of feudality;
that it would allure people to part with ihe fruits of take care of the lords and privileged classes, and
their property, by the vast prospects of gain it de- they will take care of the people. But those priviceptively held outj that it would enable foreigners, leged classes claimed to be the people, and the peoby investing in their stocks, to withdraw from Kng- ple were serfs. Now, sir, we hear the same cry t
land their gold and silver; that it would produce a lake care of the banks and the privileged classes,
a w a r m of brokers and jobbers, to prey upon their and they will take rate of the people. The banks
fellow-citizens, encourage fraud and gaming, and are the people, and the people are serfs ; without
further corrupt the morals of the nation; and, finally, rights, but derivative.
that its large capital would endanger the liberties
The same war-cry of aristocracy, too, is raised;
of the nation, for, by their interest, they would be Agrarian, Jack Cade, Fanny-Wrightism, Locoenabled to influence most, if not all, the elections of Focoism, Revolutionists. It is the banner of arismembers, and, consequently, overrule the resolu- tocracy which bears these names, to alarm the
tions of the House of Commons. Those patriots
also contended that, in all such public bargains, it timid, and summon its allies to the conflict.
Mr. President, the connection between the Goought to be made advantageous to the State, rather
vernment and the banks has been dissolved by the
than to private persons.
banks themselves. It is true, they have our treaW h a t was then prediction, is now history. T h e sure, our gold and silver* Shall we resume o u r
Utiles o f

connection? Shall we, in consideration of the
faithful manner in which they have discharged their
trust of keeping our treasure, so that we could not
have it when we wanted it, give them all the moneys we shall hereafter collect? They ar« graciously pleased to trust us to collect the money :
all they ask is to keep it after it is collected, I
thank ihem for their modesty and forbearance.
I repeat the question, shall we choose agents to
keep our money, or shall we delegate the choice to
banks ?
Our Government has now been fifty years in
operation : so far, it has worked well. Our agents,
chosen by the people, have been more faithful than
the agents chosen by banks. We have lost no
money by treasurers.
Some of our collecting
agems have been unfaithful; but they have been
watched faithfully by the President and the sentinels appointed by the Constitution. We have
had no President who was unfaithful, none impeached. I ask pardon, one has been impeached ;
however, not according to the f rms of the Con<
stitution, but by the Senate ; accused by the Senate,
tried by the Senate, condemned by the Senate.
The impeachment has been reversed by the people,
and the entry of the conviction expunged by the
mighty hand of the people from the records of the
nation* That President, together with his successor,
have, against all the laws relative to conspiracy,
been presented before the Senate on this occasion
as conspirators. But where is the proof, sir? It
is, like the virtues of a quack medicine-, to be found
in the label of a speech, entitled the "speech of the
honorable Henry Clay of Kentucky, establishing a
deliberate design on the- part of the late and present Executive of the United States, to break down
the whole bankin~

that they ought not to be blended; and I anri o p p o g .
ed to that legislation which unites distinct subjects^
But I shall vote for it with or without that s e p a r a tion. I will not trespass upon the patience o f t k e
Senate, by entering at large upon the r e a s o n s fox
that vote. Permit me to allude to a few. I b e l i e y e
that this policy is the best and constitutional m o d e
of performing the duty imposed upon us, of k e e p i n g
the purse of the people by our own a g e n t s , t h e
agents of the people, not the agents of the b a n k s .
That it will relieve the Government, "sofar a s their
act can, from the action of any foreign power o v e r
the credit or banking system of this country, a n d
the treasures of the people from the use and c o n t r o l
of banks; and make the Government, as the Constitution intended to make it, efficient, self-acting-, a n d
independent, and capable of fulfilling its benign 6b*
jects, and high purposes," to form a more perfect
union, establish justice, ensure domestic tranquility, provide for the common defence, promote the
general welfare, and secure the blessings of liberty
to ourselves and our posterity/' It will place the
Treasury more immediately under the action a n d
control of Congress, inasmuch as they must create
the functionaries, prescribe their duties, examine
into and control their conduct* It will operate favorably upon banks themselves; first, by breaking
down favoritism, in selecting one or more, and excluding others from the benefits of the public m o neys; and by counteracting the evil tendency of the
banking system to centralization, or monarchy; or
placing all power in the hands of the strongest, and
of giving the places where such centralization is established, superior advantage over all other places.
It separates the business of trade and banks—in their
very nature, subject to fluctuation*—from the fluctuations incident to the collecting, transfer, and disbursement of the public moneys, which cannot be
counteracted by the wisest legislation. It will equalize the benefits of the Constitution, by providing
that the money of the Constitution, its only standard of value, shall be the universal standard; the
dollar of each State, from Maine to Georgia, shall
have the same value.
If 'he Government receives paper money and
^ n a t i v i t y , a good, true, Miinpm ters, they must pay them to their creditors.
a m ] f • . , . -.---"
ancuajihful citizen, of pure and unsuspected cha- Ought ihe Government to be made to receive them
racter, and never guiltv or *nsP<-cted to have been J fiom tBeir debtors, unless they could compel their .
guilty oi the crime with which he was charged or creditors to receive them? These, sir, are a few of
any Much hurtful crimt, by whii-h lie had deserved- the reasons which will constrain me to vote for this
™^L qUirC ? a n d en J°y^( the good opinion uf all bill. A few words as to the objections which have
^ n y ™ C l l , W M i " " a , K l b e i n * informed that ifcat alle- been urged against the policy of this bill, and in
tlf™L a • -l« lbP G C O m e h ia Mrecord, professed himself favor of the antagonist policy.
S?H ^ ^ h ? C ld a i ' ' l a' n y i' is m an<« d e c l « e d that he
' h
It is said to be making war upon the credit sysS S w r h 7 t ° P K°vT
< ^ He was satis- tem; and how? By taking from the corporation of
lied with the establishment of his character bv the banks the use of the public money. They must
averment, in the declaration. H e ™o £ e £ be- first establish that banks have a right to it. It is
£ " 5 'V e ,i abCl ° f l h l S S r ' e c h ' f o r t h e establish- also s*id that it is cieating one currency for the peo-,
ment of the conspxraey charged, will have -cod pie, and another currency for the Government*
reason to admire the wisdom of thn litigant "and How are these two currencies alleged to be created?
the prudence oi him who is content to admit rhe Sim pi v by declaring that the Government will revirtuesof a quack medicmo from the label, without ceive from their debtors, and pay to their creditors,
further trial.
the money of the Constitution. That is acknowThe poLcy of this bill, Mr. President, I believe ledged on all hands to be gold and silver— to be coin*
is the best measure for the people. I should prefer How such an act can be said to create two currenconfining this bill, simply, to the keeping, disburs- cies, is beyond my comprehension. The Govern*
ing, and transferring the public money; and sepa-i ment established by the Constitution was a h*rd
rating it from the currency pan, because J think! muiwy Government. The word currency is not

f o u n d itx i t : it w a s carefully rejected; and why? want to break into the T r e a s u r y , would h a v e a
N o t toecaaseit was u n k n o w n , but because it w a s right to object to such measures of precaution. I s
k n o W n , a n d condemned. Currency then meant, as that a reason for us to reject the ml
it d o e s n o w , paper money, made current, and deriBut the great objection of every opponent of the
v i n g its s o l e value, not i'rom its intrinsic qualities, m e a s u r e is, that it is an untried experiment Is it
b u t f r o m authority. T h e fn\mers of the Constitu- | true? W h a t is now called a n experiment! It is
t i o n l i a d t h e ghosts of colony, proclamation, State, ^either the mode of keeping the money, or the kind
a n d c o n t i n e n t a l money before them. T h e y were of mon-y to be kept. W h a t is the mode of keepc u r r e n c i e s , as were also the deer skins, m i n k skins, ing the money proposed by this bill? By officers
a n d coon s k i n s , of the Stale of Franklin, If these chosen by the people, under the Constitution, i n a r e t w o c u r r e n c i e s , who created them? N o t Con- stead of officers chosen by b a n k s . It has been tried
gressE v e r y one knows what legal currency*of for nearly thirty years in this G o v e r n m e n t . It is
t h e United
Srates means. T h e other currency is now in successful progress in every State in t h e
c r e a t e d b y tbe banks. T h e y h a v e , by Uv ir own Union. W h a t are all the townships, c o u n t y , a n d
a c t d i s h o n o r e d their currency, reduced it below State oflicers for collecting taxes, but S u b - T r e a c o i n , w h i c h it pretends to represent; and b a r i n g surers. It is the practice of every independent
g o t t h e c o i n of the G o v e r n m e n t and the people, nation in the world, n a y , every petty corporation,
t h e y w a n t to force iheir
aper and slunplasterc and friendly association in the world, h a v e Iheir
Jin experiment/
u p o n , t h e Government and the people, as of the system of Sub-Treasuries.
s a m e v a l u e as gold a n d silver, which they h a v e antagonist policy is vui experiment^ which has ended
J o c k e d u p in their vaults. T h e banks, by violating not only in depriving G o v e r n m e n t , but the people,
t h e i r f a i t h to the people, h a v e debased their notes of their money, the true standard of v a l u e . T h a t
b e l o w t h e standard of value fixed by the Constitu- experiment h a s most signally failed. A s to the
t i o n , a n d forced it upon the people; and then most kind of money, is that a n experiment? It is gold
i m p u d e n t l y it is asserted, that the debased curren- and silver instead of papei; the money of the
cy i s t h e currency of the people. Sir, one would Constitution, instead of the money of the b a n k s .
t h i n k t h a t impudence could go no farther. It has Can we choose any other standard of value in colg o n e f a r t h e r , and taunted the G o v e r n m e n t with lecting the people's mon^y than the standard of the
b a n k r u p t c } \ created by the very act of the b a n k s , j Constitution? But I h a v e done with these tA>jrGa n d b r a n d e d the paper <-f the G o v e r n m e n t , which tlons.
s u c h c o n d u c t made it necessary to issue, as shinSuffer me, s'r> to ask your attention for a few
plasters, o r n 0 better ihau Miinplasters. T h e cur- m o m e n t s to the substitute of my honorable friend
r e n c y o f the people is (he money <jf their Constitu- from Virginia, [Mr. H I V E S , ] which has just ^een
tion- g o l d and silver—me: a flic money. T h e c u r - rejected. In the very able ;=iid eloquent speech
r e n c y of the banks Is paper money of their own m a d e by him in presenting shit substitute, he. rem a n u f a c t u r e , or their shin plaster albes, and this m a r k e d , that he regretted he r'lonld be depriv» d of
t h e y c a l l the money of the people. T h e y force the support of m a n y m e m b e r of this body, with
t h e p e o p l e to pay for their own offspring, and now w h o m he had lately stood side by side in upholding
insist u p o n their adopting it, and giving it their and defending the principles on which it r r ^ ' d J
o w n n a m e . Sir, we have heard much of that and that his consolation w a s , that he stood n o w
S t r i n g e n t , strict, and literal adherence to the Con- where? he stood then—that is, three years ago. oifj
s t i t u t i o n , which seeks refuge from obeying the com- th:U we are to lose the support of that distinguished
m a n d of the people, in construing the injunction of Senator on this occasion is a subject of painful rethe C o n s t i t u t i o n to keep a journal into a m a n d a t e gret to m e . H e has had, and has now, the confito p r e s e r v e it intact—not t > m a k e a j o u r n a l , thu? dence, not only of myself, htU of my constituents,
p u t t i n g the cart before the horse.
W h e r e can whirh was most eminently evinced on a late occat h o s e literal gentlemen find warrant in the Consti- sion ; and justice to myself requires that I should
t u t i o n to receive two kinds of money', one of coin* ascertain where my honorable friend stood then.
T h e confidence of my constituents in myself w o u l d
a n d t h e other of paper.
I t i s also objected that this bill increases E x e c u - hv weakened, if they found me deviating from the
t i v e p o w e r . T h e reverse is the fact. E v e r y one track that he was then p u r s u i n g . P e r m i t m e ,
k n o w s that if a President wished to increase his then, in the most kindly spirit, and with the most
p a t r o n a g e , he would r e c o m m e n d the antagonist friendly feelings, to overhaul the reckoning, a n d
p o l i c y . W l i o can read the evidence of the servili- ascertain the latitude of d e p a r t u r e . I rind the last
ty a n d debasement of the b a n k s in their applica- recorded sentiments of the honorable Senator in a
tions for the public depositee, without being: re- speech delivered on the removal of : r* depositee,
.deh would
m i n d e d of the subserviency of the Dutch to obtain on the 17th J a n u a r y , 183 1—a sp'-:-c
the spice trade.
T h e y renounced their religion, £ive celebrity to any statesman i»r • • . ;
a n d t r a m p l e d upon its holy symbolT h e safes,
T h c honnralilu S e n a t o r from S u u i h Carou.,.* jkoa also told
cheats, locks, vaults, and other modes of safely U3 lliur so tons t t ^ l h e fi.iv.-rmnetit its-lf • • ; V w and p a y s
' • k e e p i n g the public treasure, prescribed by this bill, a w a y I v i n k n o u ; ^ i t i « ; , l ; iUNuIt to the nniljr^fyr,i(incr to riis.
p r n i c i o s tendency and
h a v e b e e n the fruitful subjects of declamation and ciMirflooMn* the e IhuU'ilu State*; that while imronfitiniuonality b y
lh«j U:iuk ol
tho G o v e r n m e n t ,
Is not that the mode resorted to by K o i t n m g ^ n i a i s b a n k notes as m o n e y , it not • nty nas tUe right,
but it
b a n k s , m e r c h a n t s , and others who h a v e m o n e y to (Mutes;ia_;in«liluty bmiiKl, to incorporate a Hank of the U n i t a d
that t h e question of the constitutionality ol'such n
k e e p ! C a n any better mode be devised? If so, let institution can fairly arise only w h e n th« ftovftrnment shall reit b e proposed; but until it is, shall the representa- fuse to receive any t h i n s b u t gold ami silver in p a y m e n t of t h e
public (lues.
at p e s e n to
cor' tives of the people discard w h a t every one e k e rectness ol the W iats oonuitn g t o p p hn gh o n o rra b l e t S e neax o m i n(e etheo n i n g
of t c '
t r, r as
a d o p t s as a safe mode.
Rogues a n d thieves, who whichj to m y nnnd, is entirely u n s a t i s f a c t o r y , . n u s n i u c h a s it


m a k e s a i;reat ^u^siion of CLinstitu'-kmu1, p o w e r to depend, rmi tastes food and wine. him beware of t h e f
on the fixed ai*il i m m ita-'le provision* of the Constitution itThere m a v h^
self, but, in effort. on the mere tcill of the G o v e r n m e n t , as it of the companions of Eurycholns.
<»i o r m a y h a p p e n to <i> or m«i 10 do a p a n i c u i a r tiling.) w i t h o u t no Ulysses to restore him to his former
s t o p p i n g , I sit'\ «ir, ID e x a m i n e this rtnsonincr. at present, 1 shape and manly bearing.
M r . Prefci(J^ nt *?i?S
Tvill say to th<^ honorable Senator, that, seeing "so ninny abler
g e n t l e m e n , him^e't amonsr the n u m b e r , u hile admitting the late of that distinguished statesman, now n o '
who once filled with such acknowledged
vital important***. « i the oojt ct, declining ;he task of it* pro **M*U
tion, I pledge myself to p i f - e n t this 2 real Is^ue in the .-hape in the Chair which you now occupy, is fmj
w h i c h only tht: honorable Senator thinks i: can b& legitimately j
H e was tempted to stop tat a half w a y
, ing.
an union of
"Sir, of all the re/urm \ social, po-kicaL or econ '••* .ca«. r e - j with the captivating sign of
q u i r e d by the <rivm hitejvsrs of the r o u n i r y . that which is most j men."
No, sir, my honorable friend, after t h e " ^ "
lirgently demanded, and w h i c h p r o m i s e s i'nits a c c o m p l i s h m e n t |
t h e largest results ol utility, s e c u u i v , ai.d p u b l i c benefit, is, br- t citement of this subject has passed a w a y I t ^ t
y o n d c o m p a r i s . n i , Uu- rt.-:"»iatio[i oV the t. .-vei i.mem to what \ wih t?e found side by side wiih his former t'riem? •
it w a s intended by the franier^ of the C u n s l i u u i o n 10 lie. ;t j maintaining, with
his distinguished a b i l i t vy thJ
hard money
great principles which they advocate.
^ ^^
" W e a r e to . m u c h . - tlie habit, Mr. PreFK!en!, of ic-MIIIML;
t h e evils of the pap.ei system as n-ce^sary and incu;\
find •
Mr. President, I had another objection t o th t
of b e i n g content v :i)i the delusive }>alliatK»n of those- r
% < Mip- \
Out 5"
posed to be derived from, the controlling s u p r e m a y .• " a Nit- substitute; it was against equal rights.
tional Rank
Nottiinr. in my opinion, i ? more ijc*iv.>,»3t4ub3e ; upwards of eight hundred State banks, it selected
t h a n that the <ixv\\, v\ \\ vf ihnt pysie?n. its r u i n o u s fl not via.- jtwenty-five ; thus constituting
an oligarch
tions, a r i s i n g iV^m a ' t e r n a t e e x p a n s i o n s a n d contractions of'
It establishes a bankocracy, which x^ n S
b a n k issue.-?, m;»\rn£ « lottery, in eriect, of j>riv;tu- a n d banks.
converting ah n r - ^ n ' c i i v i ' contracts ai.«.'. traiisucti ': - liito a
f necessity seek safety under the protection o f the
s p e c i e s of^amhlinr;-'-nothint?
r n u bo nif-re e e n a i n than that ! money king in this country, and thus b e brought
these r u i n o u s f) net nations, (and we have a furikin«r proof 01 it !
in the present di--»t esses of the cour.irv
iirrrease i. iusTea 1 !under vassalage to the money king in g n i ®i '
of being diminished, by the rxteteiv.i-o- ;•.
~ '*n*i
- i u i i The only difference, in my judgment, b e t w e e n this
absolute asccude.nry, ihat W'K'D it e x p a n
substitute and establishing a bank of t h e XJnited
p a n d with it; w l v n ii rnntrnc.t^, ihost* ha
a r e f o r c e d , in.selfdefence, to contract aT-^. Wh,iw;v»r u.f;
e s u c i i a n in.-*iiru- States, is, the one is the beginning of the end and
tion may be &upp<Ked to o x e n , ir; i s u ^ e r v i n e ;he sounilne?*.- ol the other is the end of (he beginning.
H a d vrm
t h e c u r r e n c y , T! 1.«- obje^rt W M J M b«-: tmich more ertVc*nally y>roadopted the substitute, the Bank of t h e United
motf ',; by .i return, as . i r a.* p r a c u c a b l e , t« a metallic c n c u l a tion
Th« firststep #nw«n!rf that n t u i r , . is tu lei tl.c Bi^k(»t States of Pennsylvania must have been o n e o f that
t h e lT* States
bring wiihd.-aw,*. thf ; league, or wo must have resorted to a B a n k of the
convenience of travel!' \Z alonf would
ciente a• Uni'ed States to protect ihe league of b a n k s from.
d e m a n d for cold coins r • a. substitute, and of*i"*rct; \\w u
of correcting ihi t un ' 1 /ahiaiion of i h u n a" die M t •vhic?, ' its power.
is Baitl to \y.\ve r«" ~\\ ri\">m d '.<* tlic*ir disappearance. It; « • ic.urI efore I dismiss this branch of the subject, I
rencp with thi.-\ •• me»;- ^vc.s be taken, as It is believed el** ^t•»a 1
I deeply regret'to
• discourage and suppress t - • r>i- will make one further remark.
T ^
rueasuiofl ma> ;
lation of hank m . , ^ uiv r a certain der.rinr.aiion. (ten or . »ven- have seen a motto on the speech delivered b y m y
ly d.^^,) of which the •;rtiT! would I' !<• produce anothei ac- honorable friend from New York [Mr. T A L L M A D G K I
circulating ir.edmm. T h e o^din^ry
to the
an alleged charge
channels of circulation ne-ine thus supplied wiih guld and ti!- in defence of the ban-k .from
ver, ilse (government w o r h i be prepared, without haidship to against them made by the President.
T h a t motto
the public creditor, (o require payment of its dues* in specie,
is, " Out, damned spot; out, I say."
and tlius realise a reform, than which none could be more deep[Mr. TALLMADGE here rose and said, that the
ly interestinp. in everyj aspect, to 1U0 safety and pro5f>erity of

the country.*'

motto was put on without his knowledge a n d
Mr. W A L L resumed. I am happy to h e a r the
avowal of my honorable friend. It could have
been no friendly hand that put it there. W h o tljat
is acquainted with the works of the immortal poet
iv tin- highest mr.sii!-ra-i M^ on n**c:<**i wi»h i>u* o f nature does not recollect that it is the asronized.
of conscience, when the body slumbered, for ft.
tutional characr-r and destination, ;ha; uf a -imple. solid, hard . own deeds, for friendship betrayed, hospitality
money Government.*'
! violated, and confidence murdered.
Mr. President, I intend to make no comments, j T h e other branch of the antagonist policy, M r ,
My constituents must judge from this speech where; President, proposes to create a Bank of the U n i t e d
m y honorable friend stood then, and where he j States, to keep, transfer, and disburse the public
stands now. My inarch is onward in the luminous money. Sir, the fir^t question is, does the Consti-*
path which he then indicated *'to restore the Go- union give to Congress that power? Clearly i t
vernment to iis true constitutional character and ! does not give it as ?.n express power. N o w h e r e
destination, that of a simple, solid, hard money do you find in the Constitution an authority t o
Governmrn;." M r . President, that substitute of ( create a bank or corporation. If it exists, it
the honorable Senator from Virginia has been I be an implied power. T h e distinguished
called, by the distinguished Senator from Ken- from Kentucky hunted what he with so m u c h
tucky, a good half-way house. Thar half-waj licity denominated that vagrant power, t h r o
house, I ani persuaded, has not bren erected every article, section, clause, and paragraph, of
by m y h m n able friend from Virginia.
It Constitution ; or a mo^t brilliant hu"* i ^ s , _ ^ ^
iied by ihe ma«ic ^ and of elo- and has immortalised him, and he could not fiad i t v
has been
ti is the palace of Circe, gorgeous He has, it is true, found it since; but where h a s "
quence; b
and glitt • »•: with stone?, fair and encnani- found it?
[Mere Mr. CLAY said that he had found it in
ing to tht • '.*. but surrounded by tame lions
and wolve
Let my honorable lriend beware late war and the necessities of ihe country-]
M r . W A L L resumed. I thought so, sir; he
how he enu-^ mio that magic palace, and how he
Sir, liere is an object w o r t h y to engage the most ar.xi-^ns 'afcyors ©f the, patriot and s t a t e s m a n ; and I feel p e r > u a . \ d that,
with a little of the effort and talent daily t-xpcr.Jed in ill-- ej>hexneral contest* of p u n y , we shrink! ^ee it happily acc«»nipU>h-d.
I conjure afentlenien, t ' v n , with ability so eminently fi-;rd for
tiiis g r e a t work, to u•• • e the Bank of the Unne-d S t a . t . s t o it*"
fate—a faie already pronounced by the voice of the ration, and
called for bv

When the honorable Senator finds the constitutional power in Congress to regulate the currenI am free to acknowledge that I cy, he has not advanced one step in his argument.
once that this question had been set- H e must still prove that Congress can delegate that
b^T j u d i c i a l decision. A moie careful exami- eminent prerogative of sovereignty to corporations
h a s satisfied me, however, that I was in unknown to the Constitution—that we can withpoint. The luminous and rigantic draw ourselves from our constitutional duty, and
o •t of I^arshail, a man who^e u<tiue I alwa\ r s substitute corpnraiK'iss to discharge it.
Sir, we can have no more nght to create corpoi n c e with reverence, could find that power
l t h e clause authorising Congress to lay and raiions to carry into execution implied powers, than
t a x e s ; and when Congress had dele; mined express powers. We have authority to coin
; w a s a necessary means to that end, no judi- money, regulate the value thereof, to regulate comcould look behind that act. That decision merce, declare war, etc. Must we not exercise
settled the constitutionality of the late Bank of those powers ourselves? Can we create a private
^United States. Before that power which sus- corporation to coin money, regulate commerce, dethe constitutionality of a bank csn arise, clare war, etc.? Can \VP, under the express and
m u s t first declare that it is bcih necessary implied powers granted by the Constitution, shingle
proper to collect the revenue in that mode. over the States with corporations to carry on
fttt I ani at liberty, and shall be called on to act mining, the manufacture of metals, to raise prothat subject, I will think of it. Congress has ducts, build ships, and for mechanical, manufacturing, ami agricultural purposes? The mantle of
so declared.
' It is perfectly clear, then, Mr, President, thai this construction of the honorable Senator is broad
^"-^ant power must be looked for somewhere else enough to cover the whole. How dors he escape
. where the Judges of the Supreme Court found from this? By setting up a distinction which is
Another mighty hunter has started in the chase, petitio principii, a mere begging of the questionBut, sir, 1 do not mean to give my opinion on
Where does hv find this power?
> In the authority to coin money and regulate this subject. It is full of interest, and deserves a
value thereof. What is the meaning of the calm, unbiassed and unrestrained consideration.
t4 money in in^t clause? Does it men:: .etallie am not at liberty to give it that consideration
. -paper money, or both? If it means only me- Upon this subject I have been instructed both by
[*Uicmoney, (and who will pretend to the contrary?) the people and the Legislature of the State which I
does not the rule of construction, ihat specifi- have the honor in part to represent, in every way
>n of one thing is the exclusion of another, that the voice of the people of New Jersey could be
constitutionally declared, to vote against any Bank
j . *«i the second place, the honorable Senator from of the United States, such as proposed by the SeI jjteachusetts finds it in the clause authorizing nator.
|J^ngress to regulate commerce, &c. The argu1. The people settled it on the re-election of
j£«&tof the Senator is able and ingenious upon General Jackson.
WPsubject. At present I do not iatend to express
2. It was settled by the Whig Legislature of
P*/opinion as to the power of Congress to regu- 1833, in their abortive effort to instruct.
** the currency of State banks. It is a subject
3. It was settled by the voice of the people, in
• ---weighty, and of two grave import, to be decided the election of the members of Congress in 1832.
4. It was aflnmed by the people, in the election,
||r**ut» Mr. President, admit that the Senator from of State officers in 1833.
l^assachnsetts has proved that Congress has power
5. It was declared expressly by the instructions
P 1 regulate the currency of the country, and that it of the Legislature in 1834.
t£ our duty to do so. What kind of power is it? It
6. It was again affirmed by the State elections
I'undeniablyt an implied power, a delegated pow- and the election of members of Congress in 1834.
a trus
power. Can we delegate that pow7. It was again affirmed by the election of the
iJrto a corporation, either created by ourselves or members <nf the State Legislature in 1835, with
*gn power, to be exercised, control •• d, and express reference to the election of a Senator.
by officer^ unknown to the Constitution.
8. It
by the people and the Leen by the corporations, amenable to the corpo- gislaturewas electing both as Senator.
btons, and uncontrollable by the people, through
9. It was again affirmed by the Legislature ill
constitutional agents.
|K o| that delegated and trust Could Congress defe- plain and explicit terms in the instructions of
power to the Dank of 1835.
Jand or Prance, and if not, why not? Win not
And wLat can be advanced to gainsay this ar! same areason apply against a delegation to State
ray of facts? Nothing, sir, but the election of
•« *
United States Bank?
The honorable Senator, after all, if he has been electors and members of Congress opposed to the
••>**essful, e has onlyDproved that Congress has pow- present Administration in 1836, and the election
Cr af
^ ? . G o v e r H a e n t bank, that monster that and resolutions of the present Legislature. Now
£ *«*nbly affrighted gentlemen in the Opposi- as to the first, the election of members of Congress;
-. has only proved that Congress has power the only one of the elected members who expressed
any opinion on the subject [Mr. HALSTEAD] was
compelled by the pressure of public opinion to
» «se; and to be controlled by the give a written pledge, that, if elected, he would
chosen agreeably to the Con- vote against a Bank of the United States. I know,
sir, that he has since voted differently, and told his
f t h e Constitution.

That is no constitutional




b a n k j

w U h

t h e

p e o p ] e



o n e V j

constituents that there was an essential difference draw themselves from politics, move within their:
between the Bank of the United States and a Bank chartered orbits, avoid usury and oppression, ancj*
of the United States: that he meant to vote against they will be safe* If they have lost confidence, it
the former, not the latter.
Whether he has "pal- is by their own act, not by the act of the Govern*
tered with them in a double sense," it is not for me nment. They must regain confidence by their o w n
to determine—and he will soon be before the act. They lost confidence by suspension; let them
When they do so, s i r ,
tribunal that has ample jurisdiction to determine. regain it by resumption
This pledge takes away any implication that the they will find confidence coming to their aid, a n d
people had changed, and indeed stion^ly confirms that the raw-head-and-bloody-bones of loco foco*
the former decisions on this subject. The candi- ism, which has frightened them from their propridate who made this pledge was the highest on the ety, has no terror^ for honest, faithful, and patrireturn. As to the electoral election in New Jer- otic banks.
sey, many extraneous matters were thrown in. and
My colleague has said that the very name of
the majority was trifling. The majority was acci- Sub-Treasury is odious. I will not quarrel about
dental, and could not repeal a settled uniform opi- names. Let us borrow from the great vocabulary
nion so frequently declared and expressed directly of used-up names and call this bill ** the America*
hy the people and the Legislature,
Constitutional Treasury system,** and thai objecAs to the last election, and the resolution of (he tion ceases. It is more appropriate, and a better
present Legislature, they are silent on the subject name, and I present it for his adoption.
of the bank. They leave the former instructions
Here, Mr. President, I would willingly stop; but
of the Legislature, on the subject of the bank, un- T am not permitted to do so. My colleague h a s
repealed, and in full force. But, sir, in this last placed the resolutions of the Legislature of Newelection the great question about the banks came Jersey, in 1337, in the foreground of his speech,
directly before ihe people. The banks had become and professed his fidelity to the wishes of the peodependent on the p-ople by their suspension. The ple of New Jersey. l i e has declared that they
hanks and their numerous stockholders and depen- want only the little word instruct, to be instructions.
Cents had a deep in the choice of those who I had borne the allusions of the distinguished Senawere to decide their fate. The raw-head-and-bloo- tor from Kentucky, and the other Senators acting
«V-bones o! L-co Focoism and Democracy were with him in support of the antagonistical policy,
nsc<l with efleet, and he who denies that the bank with the most exemplary forbearance. The course
question did nut enter into the elections and control of my colleague demands that I should ask the inm
i ^ C W Jerse >'> T l h i n l * ™ mistaken. In .say- dulgence of the Senate while I recount to them the
* * so, I do not mean to charge the banks with irn- rise and progress of the doctrine of instruction in
E^°J?r£tyi; *£ e y , h a d a r i ? h l Ui a Preference.
Those New Jersey. It will be found sufficiently curious
T L „ * d Ttn ! Property considered it in danger. to reward their attention. Sir, the Legislature of
Seen6 ^rt
* ",* * h a t - * m a n h a v i n 6 a hundred New Jersey have always been an instructing L e OTie
b n
StvM SZ\
^ » l » Manser, he Straightway gislature It was so up to 1832.
On the 29th October, 1832, my colleague, then
mr fn
^V-mnc, and Koes to look after the
C t i n n a . TCa , TU c, saUt uP lso c l , " o n a l w involved many Governor of New Jersey, delivered an inaugural
different i° , 1
- The nomination, in the address. Among other things he took occasion to
different counties were all m:uU before the Presi- say:
dent's Menage, a m l ) h c S u b . T r e
b m
_The people or Now .T -r^ey have two Governments equally
ver published and known in ihe State b-fore the
their own, ufjunMy; liouml tu protect their rights and interests?;
ejection terminated. I do not believe that the peo- and they have divided tiie powers of legislation and sovereignty
ple did, by that election, instruct their agents here, or UMwcen them; und they have set limit** to these powers in bolh.
I nis
in an union t»i free
mean to declare their opinion as to the°policy of the ment.wa^nec'jdaftry therefore, subjects ofStates ia one GovernThere are,
ordinary legislation in
Gcneial Government. They were suffering under otitic nations on which wo ate nor porrr.iucd to act. An exam- t
the pressure created by the suspension of the banks. pie of tut* is* round in thm. question which so widely rtivkUstho
people f i the Vuion at thift moment—the right to operate
There are, then, but two policies presented for tin-'.Hii*h our commercial relations with other nation* ou the
it.'hjfrtry of the r.unnuunity fn its various deran-ments. W i t h o u t
my choice: the one contained and carried out in
(hU right
neti^ii exercise, the country must be
this bill, and the other to charter a Bank of the Ueprfippo,!.exi-ning and in and defence** of prosperity Just. But
ami Mui meaiiH
Unite, States. The Legislature of New Jersey in this manor the (Jovennm-nt of thi«* SLftt«, aa*u**h, cannot act*
with the ether States prohibits
nave declared that it is not only the right, but the The compactihjuivtid ot the power on this it. But the people
here are n.jt
point poa&essed by-*
duly < Congress, to provide for the safe-keeping *!vt;ry other people. They have not left themselves unarmed
and disposition of the public money. I am com- and unshielded against foreign action upon their interests.
They have prohibited Ihfe re*
man- ed: by the voice of the people of New Jersey, They have uotheeri so unwise. here from deciding on this sub*
preventatives of their power
ami hie instructions of the Legislature of New Jer- j>et, because it might affect the peace and general interests ©f
Vnion. B a : they
sey still in full force, not to veto for a B*nk of: o:her portions of "the thuir representativeshave conferredguard
powpy, and directed
elsewhere to
the United ©tales. 1 made that pledge to them and protect th-ir intt;res'l«I To deny the power, and the right,
when I was elected Senator. Now I am com-1 ami the fury to th**m, ia to leave us without this attribute of
sovereignty; inn a people equal and free
pelied to act, and have no alternative left, without' ject to all rheircaju'ious and impositions. with others, but »uh\
When and how die
disobeying the instructions of the Legislature and power«halI bt» *•: s e rei and is matter of discretion, to be governed
hy a wise
the voice of the people, but to vote for this bill. J country. rc<r-trd to all the interests and connections of tj*6
rejoice, therefore, that my own judgment and con-J "DUL the people ot New Jersey, by tbemselvea, OT through
tkeir rtmre.*eor;niv*« h*M-e, nod to their representatives there,
science sanction that course.
a right, and are bound hy mny to
to convey
Mr. President, it has been said that all that the have commands on this as on any other them*elve« t topic; antf
banks want is confidence. Their misfortunes have t is theii b a s i n e t , both to watch ami to control the doingH of
flowed from too much confidence. Let them with- their general agent*?, aod, a^ they appointed them, so to corrert

" t h e i r w a n d e r i n g s and errors- Bat that duty is not appointed to for a continuance uf that unexampled prosperity which our
S i * t h e p » w e r does not exist in UB, any more than a similar country has enjoyed hitherto.
t t o W « r e x i s t s i n the representatives of the general will, to con- " 2. Resolved. That we have undiminished confidence Jn
| £ | j ^ d c o r r e c t us in that which may have beta entrusted to the integrity ami fnimu\sa of the venerable patriot who now
'owr caie.
I t can only he bo if it ha thus wriusn in the grant; holds the distinguished pust of chief magistrate of this nation,
and whose purity of purpose and elevated motives have so
^ r , d t h e r e I d o UOL n , l d i*-"
received tho unqualified approbation of a large majority
0 a t h e thirtieth of the same month of October oHcn lellow-citizens.
ot tL
< b e f o l l o w i n g instructions were introduced into the
tf. ilesolctd, That we view with agitation and alarm the
H o u s e o f Assenib]}', and passed on the first of N o - existence and su/antic power of a great moneyed int»rporathreatens to
Gov e m b e r following, by a vote of thirty-one to four- imn, which and, oy meansembarrass the operations of theupon
of its unbounded influence
tgt»ri, e v e r y W h i g voting for them:
the currency ot the country, to scatter distreKS and ruin
^ W h e r e a s the people of New Jersey feel a Jeep interest in throughout the community ; and that we, therefore, solemnly
^ U tilings 1 a fleecing the welfare of Uieir common country, and believe the present Hank oi the United States ought not to be.
p a r t i c u l a r l y 3 tin leveryt emeasure having relation to the judiciary, re chartered.
llie .tariff s y e u i * r i r n a l improvements, am] the currency oi
-the COUlttry, the maintenance of each in all their inviolability id
^ c m e f l e a » e i i t i f t l to the prosperity of che United States:
**TTtte>re>fore, lie ii resutvtd by the Uottncii und General
)/ias&7nfjly °f ^lf: *^t^te of iX?:w Jersey* Tuat our Senators be liank of the I Iniied States and the depositee of the Government
$H0tructecl) awl o*ir Representatives in C u i ^ i o ^ be requested, moneys, believing, as we no, the course of the Scctefciry to
U> u « e t h e i r be-*t endeavors to maintain the present judiciary have been eooPlhimonal, and that the public good required ita
s y s t e m o f th*i United .Stated inviolate; to give adequate protec- adoption.
tion t o A m e r i c a n industry; to foster and uphold internal im
*5. Rs-sairtd, That the tiovernor be requested to forward a
fjr^rvements, and to vote for and advocate ihe renewal of the copy of tin. above resolution* to each of our Senators ami ReJMnfe o f t h e United States with such modifications us may be presentatives firm thU S:a'.e in the Congress of the United
d e e m e d nvcvs*.try.>'
resolutions, however, were never finally
These resolutions were presented to the Senate
Acted o n by the Council, and they perished between on the twentieth of January by my respected pret h e t w o houses. But while the^c mstiuctions were decessor [Mr\ KRELINGHUYSEN.]
On the twenty• e n d i n g before the Council, Governor Southard seventh of January, that gentleman addressed the
$es*L a, message, on the 10th of January, 1833, to Senate, and among other things, said:
t h e L e g i s l a t u r e , from which I ask leave to read
"I know that I shall have the sympathies of (he Senate, when
t recall to them the instructions lately transmitted by the Le**i3ome of iho*e interests of the people of New Jersey, which gislature of the State which I. in part, have the honor to repreh a r & Been Cimfided to the General (Joverument t are in a condi- sent. Thid is a great national question, of common concern to
tion w h i c h rally for attention and consideration."
ua all; (or these instructions are multiplying, and call rertainly
T h e Governor then enumerates those interests. from me, sir, lor distinct and respectful notice. The import of •
these instructions, 1 admit, sir, cannot be mistaken. The terma
* T h e y a r e , the judiciary, fhe tariff system, internal are unequivocal and plain to any apprehension. They instruct
i m p r o v e m e n t s , and the currency of the country; us to sustain, by our votes and iitluence, the course of the Set h e v e r y interests specified and enumerated in the cretary of the Treasury in the removal of ihu depositee.
legislative instruction!*!
i n s t r u c t i o n s then pending before the Council.
H e That aare the nature anil chump of right, legiHnliv«ly and
Legislature has the inherent
t h e n proceeds:
detached from their constituents direct the political conduct
** S o m e of the most valuable attribute* of the Government of a Senator in Congre**s * dni nuvt-r aubsrube to. fiir, w tie re
w h i c h have given it strength, confirmed the Union, and made has such a right been delegated by the people? A Legislature
it a bie**ii*g* especially to the weaker member**, arc questioned, uf the State ljistruct or dir* ct the Senate of the United Statea!
a n d their exercise deprecated. fiveu the supremacy of the Why, Mr. President, wo had better change places at once. Jiut
''lawn, a n d the authority of treaties, are disregarded- Whether when trie resolutions of the Legislature can be eutislactorily
the*e things can give promise of good to the- country, and pro- regarded as tin* clear indication of public sentiment, deliberate
m o t e t h e prosperity o| the people of New Jersey, d e s e r v e to and abiding 1 am bound to hold them, a* 1 do hold them, in
j>« w«?U considered, and it would sewn to ht> expedient that mnet respectful consideration. And on such an occasion, when
their opinions upon them nhvuld be knoicn and frit through that opinion interferes with my own judgment and conscience,
I should promptly surrender atruet that could no lor.ger be
4hose xoho represent them."
held in harmony wiih my constituents Hut here, fir, my emM y colleague ceased to be Governor, and be- barrassment commences. I am not, satisfied thai t h ^ e reeolu. c a m e a Senator, Benedict, when he was accused tlon.s are the sure index of decided public sentiment. Sir, you
know that, for the last
o f h a v i n g railed against matrimony, defended him- been very much given five years, our political atmospherenow,
to change. The wheel in turning
self, b y saying that he then did not believe that he and unlctjs I misread the lanjBfuaiie of events thai are pawing.
s h o u l d ever live to be married. So m y colleague irTq.ul^ed are given to it? motion that will bring ihem to a whiflNow, sir,
private convjctim)H of
l t a s reason to say, that when he recommended in- duty to an will it he right m surrender »eat i*f power? I think
influence from this giddy
s t r u c t i o n s for others, he did not believe that he not. I am quite conscious of th* delicacy of my poshiom but
s h o u l d ever live to be instructed.
Even-handed 1 trust that I nhall meet jt without ftur. I wHJ further say, wir,
that even where the opinions «l a State may be well known,
j u s tic© returned the chalice to his own lips.
occasions may arise to a representative of ttie people, rare I
O n t h ^ l l t h o f January, 1834, the Legislature grant—when the emergency is of thai dimply eventful nature
o f N e w Jersey, both houses concurring, by a very —when he must gohimeelf,so tu npeak, in the purity of hi* own
purpo*iee, and cast
with ad his tame, and all the confi.
l a r g e majority, passed the following resolutions:
dence of h b country, into the crnu^ and e?irtk or rise, asfiucceaa
** Whereas lire present crisis in our public affairs calls for a tihall crown his irurepiil conduct. :r
decided expression of the voice of the people of this 3iaie ;
On the fourteenth of February, 1834, m y coland wtterea-A wc consider it the undoubted right of the Legi«laturcfl of the several $-ates to instruct those who represent league, in presenting a memorial to the Senate,
their interest* in the councils of the nation in all matter* which said:
intimately concern the public weal, and may arteci the happiM
lie had believed, and he was-of,he ^ame opinion still, that
nfc*i or weJl'beiri^j of tht people : Therefore,
" l. ft* it resolved by the Cuitncil and Oeturaf Assembly the LetrishiMire, in aih>p;ini> the rr,:(,lu(ioud which had bet-n fnr.
. Gfthi* Sttitty That, while we acknowledge, with feeling of
devout gratitude, our obligations to the CI real lluler of nation* public vmcr: and he had now in hfs hand two of the . - v i d ^ c X
/or his inorciefl to u s a s a people, that we have be^n preserved oMheir cv,-r. Instructed, then, a s ho had bren, bv liu ' / - ^
alike from foreign war, from the evils of in:crnal enmmotions, lature of the .state lo vote ihi what he conceived to »«• Kxccnma
and tho machinations of design ins: and ambition* men, who naurpatitin, and c h a r ^ l by those who elected that LejrMa re
W*»u Id prostrate the Mr fabric of our Union; that we ought, to opihise such usurpation, he had a condolatory ivthctlon, in
nevertheless, to humble oura«dvea in his presence, and implore he conviction that the course he had pursued would be sua
bid aid for the perpetuation of our Republican institution*, and tailed by a majority of the people/'

On the twenty-first of March, 1834, my colleague,
in a speech delivered in the Senate, said;
" T h e r e isanother tribunal before which w e [himself and hi©
^ii«V<ru« Mr F R B L I N O H U Y S E N , ! shall meet most cheerfully
™ r ^ c u s e r * 7 a o d as cheerfully abide the verdict and judgment
w h i c h s h a l l b e rendered after the hearing, so far as they shall
affect us personally* however w e may feel for the laws and institutions of our country. That tribunal is the people o f N e w
Jersey, whom* w e most solemnly believe* and think we have
abundant evidence for our belief, were not correctly representep
i n those instructions. Again: is it true that the legislature has
a right, in disregard of popular opinion, and against the wishes
o f their own constituents, to control the other agents of those
constituents! Is the power vested in the I*egislature on this
point* independent of the people of the State? Are they in that
the masters of the people! I had supposed that the people were
the source of power, and that iheir will was as controlling in its
action on the members of the Leeislature on tht* subject as on
any other; and that their commands wrre only to he regarded as
valid, whim they conformed to the instructions and commands
o f their constituent. T h i s may be skepticism; but I beg to
s a y that it is old Republicanism and democracy; not that of
modern day, which s e e m s to require that the will of a few w h o
happen to be in a Legislature, or are leaders of a party, should
b e obeyed, in despite of the opinions and wishes ol the people.
Bir, believing as I do, that my constituents disapprove the act
o f the Executive, I should he guilty of treason towards tb em, if
I obeyed the orders of others in approving that act against m y
©"'• r\ judgment***

"Whereas, in all representative G o v e r n m e n t * * tlu».,•••,.«*•
ty o f the people is an indisputable truth; t h e y h a > « Z ^ I S T S
ii iff their duty, upon all proper o c c a s i o n ^ t o i o a t » i a ! 2 E 5 leV
preventatives in the duties which they r e q u i r e t f c e t n r ^ n ^ B .
1. Beit resolved, by the Council and General
iA • » • _ t f t r i f
the State of Xeu> Jersey-, That our S e n a t o r s i n r S S S S r i
and they are herebyr instructed, to vote for, a n d u s e tteirtoflSr
e n c e t o have expunged
from the journal o f t h e U n i a S ttaMM
Senate the resolution passed on the 28th day o r M e r r h T l RM. dtf
rlatins that the President, in the late e x e c u t i v e r m i r r i f S s r
in relation to (he public revenue, had a s s u m e d U D o c h t o i 3 r
authority ami power not conferred by t h e C o n s t i t u t i o n asl
laws, but in detonation of both: 1 ' the s a m e h a v i n » nn—cid tltf
body without warrant of law.
2. Reno Iced, That our Senators in C o n g r e s s , b e andcheV
are hereby, instructed, and our R e p r e s e n t a t i v e * in Oorurrestr/
quested, to vote against the recharter of t h e B a t i k o f t h e Veiled
State?, and against the chartering any o t h e r b a n k o r ainuhif
3. Revolved,
That the particular attention " f o u r Senators**
called to the foregoing resolutions, atid that t h e y b e respectfuUf
requested to conform thereto,or resign their s e a t s i n theSenat*
ofthe United States.
4. Resolved, That our Senators and R e p r e s e n t a t i v e s i n Con*
Zress he requested to lay before Congress t h e foresroin* reso*
^ ^* ^ ^
5. Rr*olv*tt, That the (lovcrnorof this 8 M K A he, * e q u e e u d t o
forward a c*oy of the above resolutions to e a c h o f o a r Senator*
and Representatives in Congress, at the o p e n i n g o f t h e ntlk

Mr* President, an issue was thus fairly formed
I came here, Mr. President, with these instrucbetween the Legislature of New Jersey and my
tions in uiy hand, coming fresh from the people.
honorable predecessor and colleague* It was tried i
before that great tribunal which they selected in and iterated and reiterated both by the people and the
October; 1834. They had a fair hearing, for thev Legislature. What were they, sir? T h a t the peoboth addressed public meetings of the people in ple and Legislature of New Jersey had unqualified
different parts of the State, and no one appeared confidence in the integrity and firmness o f General
against them. The people rendered a verdict and Jackson, and in his purity of purpose, and elevated
judgment against them. They elected an increased motives. That the Bank of the United States bad
majority, if 1 recollect right, of the friends of the disturbed the currency ofthe country, and scattered
Administration and the principles involved in the *distress and ruin throughout the community, and
instructions—at ail events, a large majority. Tho Ionght not to be rechartered. That the removal ofwheel did not come to a whirl that year*
; the depositcs was constitutional and required by the
public good, and that the Senators of N e w Jersey,
How did my colleague and my predecessor fulri! ?were required
by their votes,
their pledge to the public? Did rhey obey, or re- Iadopted by the to sustain;of the Treasury therelation
HSrn? Let the records of this Sct:..*e speak.
Bank of the
But the Legislature of that yc*r save them 1ea\-« to the Government United States, and the deposites
oi the
to imparl for one year. Tht-y did n»t insriucr.
After these first intrusions were received, on
In October, W35, a new election tW members of'
the Legislature took place, and it b-»?a'nc their duty Jthe twenty-n^hth of March, 1834, my honorable
to appoint a Senator in the plac*; o*my predecessor,! pnM?cr\s*or and my colleague voted directly in the
whose time expired on the 3d of March following! i face of ihem ."that the President, in the late Executive proceedings in
It is well known to the penpV i f New Jrt.«ey ! bad assumed upon relation to the public revenue,
and power
that ihe name vl' my and my own were not conferred by thehimself authority laws, bat in
Constitution and
put before the people of New Jersey as opposing
candidates for thai oilice, and both were put in no. derogation of both."
1835 instructed the Senators4
mination by the Whis; party, I, sir, was not se- to The resolutions of that resolution, as not warvote fur expunging
lected for any particular affection which they en- ranted by law. It had been supported by those *
tertained for nic, but to gratify other feelings. I
the clear and decided
was held up before the public in such odious co- Senators in defiance of and Legislature of New
expression of the people
lors that I had not the option of declining the high Jersey, under the assumption by them, that tbe-»
honor, had I been disposed to do so, without com- legislative resolutions were not in conformity t»t
promitting my own honor and character, and that the wi!! of tlic people. The people and the Legisof my party Sir, I should not have been a can- lature desired those Senators, if they could not
didate at that time had I been left to my own voli- obey, to resign.
Although pledged to resign in
tion, although it was the only office I desired: my such an event, they would neither obey nor resign.
own affairs required my attention. I became thus New Jersey then had no voice on this door, though,
the representative of the principles of the instruc- she spoke in instructions.
Where was then the*
tions of 1834, and the friends of those principles solicitude of the honorable Senators from Ken<
triumphed by a large majority. The question was tucky, and the other Senators on this floor, wbo
submitted directly to the people, and thev gave now manifest soch sympathy for the voice of thejudgment. I am here to carry it into effect".
' peoptc of New Jersey?
Their eloquent tongues
Th« Legislature of Jfe35, the same which elected j were mute, if not engaged in furnishing arguments
^ as Senator on the 7th of .November, 1635,! to color disobedience and contumacy.
pasted the following resolutions:
I Sir, we have seen that the recusant Senate rs took

i s s u e before the people of New Jersey upon these fidel is not a safe teacher of the doctrines of Chrisg r e a t questions; that they pledged themselves tol tian sects. On this subject I claim the privilege
a b i d e the verdict and judgment of that tribunal, I of being bound by my own creed, and the creed of
a n d surrender their offices if it passed against them. my friends, so far as I have adopted it; and that my
Efcd t h e y do so? No, sir; and what was the ground consistency should be determined by its conformity
a s s u m e d by my colleague to justify his non-fulfil- to such creeds. I mean not to impose a creed on
j n e n t o f his pledge? It was, that instructions were others, but I do claim the privilege ol forming my
n o t binding, and that the command 1* expunge own.
Now, sir, what is my creed on this subject? T h e
w a s unconstitutional- But he had estopped him*
s e l f from making any such defence. In his inau- only one that I have publicly avowed is, that the
g u r a l address as Governor of New Jersey, made on representative is t) constitutional organ of the
the, 2 9 t h of October, 1634, a part of which I have public will in the choice of President and Vice
r e a d t o you, as if to provide for the very case, he President, and that he is bound to conform to the
d e c l a r e s , in speaking of constitutional obligations voice of his constituents when lawfully expressed;
" B u t my own judgment in not to be deemed infallible, The and that he cannot look behind the electoral record*
w i l l of the officer is not the Constitution. The people of New Upon this subject I may claim the merit of consisJ e r s e y made the Constitution. They have a right to say what tency, however heterodox my creed may be in a
w a s t h e i r meaning; and when they have said it, either by them*
s e l v e s o r their constitutional agents, their decision its binding case where all my feelings and persona] preferences
e v e n u p o n the consciences of those who have to act for them. were in opposition to the choice of my constituents.
I f t h e r e be error in the decision, the remedy i* not to be found
i n disobeying or disregarding it, ^ u t by seeking in the proper I allude, Mr. President, to the occasion when I was
C h a n n e l , and from the proper source, a correction af the erroi. so unfortunate as to be compelled, by my adherence
A different course aavors of presumption. It is unbecoming in to that creed, to record my vote for another, inh i m w h o is hut a fiduciary, whose office was not created for stead of yourself, for the place you now fill. Much
h i m a n d for his benent, but.for them and their interests—is but
misunderstanding prevailed on that subject, and I
a n agency under the people, the great principal."
T h i s , Mr* President, is the history of th3 doc- was complimented by a respectable clergyman in
t r i n e of instruction in New Jersey, as believed in, my neighborhood for my independence. I wrote
a n d practiced by boih parties. My honorable col- him a letter on that occasion, which I ask the perl e a g u e was supposed to be the founder of that mission of the Senate to read, as it will best explain
school, but he treats his scholars very much as my views in respect to my representative <mty.
t h e P i ince of Denmark treated the courtier Po- [Here several Senators called, ou;, " permission!
l o n i u s . Instructions are like a cloud, which first read it."] M r . W . resumed. I am grateful for
a s s u m e s the shape of a camel, then a weasel, and the permission. The letter is addressed to the ilev.
finally, "is very much like a whale."
Mr; John Plotts, at Mount Holly, and is dated, and
B u t , sir, his school is not original; he has was written, in this Chamber, on the 17th of Februundoubtedly borrowed from the horn book of the ary, 1837.
"Yours of the i;kh instant was received by me this? m r- -lug;
honorable Senator from Kentucky, [Mr. CLAY,]
misconception of mv voie
w h o says that he believes in instructions under ami to prevent nny it. My vole w w not n \ e n lor Mr. <-i.'. irrcr,
I hasten in answer
inr Mr. l:.-i!Yi9CT
because I had any scruples about vothu; h>r« «l- Jtdm^oo. On
certain qualifications. W h a t those qualifications
the contrary, Col. Johnson was* my choirc. i v*ied lot' h u at
w e r e he has not told us; but it is fair to infeT, from the electoral flection. That vote was my "wn. I h-M-voii
h i s practice, thai one qualification is, when he likes that Col. Johntwn was a brave, patriotic ntir.en. wlv» rva*
basely slandered by hn< political opponents who woiiui have
them, or when they please him,
cakttii him
Pr<Mi.-»-iiry« em:M he
M r . President, upon the subject of instru
n have been m> u* their Candidate for the. their perpov"*. \>e
mdneod to hud himself In
I acknowledge that my cnllcague has the advan- should not then hav« heard any thing abort the dark «ain.
indicicaJ excitrmeLt unparaiUleO in
tage of me. H e is the best instructed Senator in <".»i. .IiihiMon, thnmirhnul a tlnni twenty >t:tuv k " »d hnn m ine
lor" m«ne
this body, and if he obeys resolution*, it is claimed nnr emintry, had enn**m m-nt*. triumphing at »me« ovi-r ill* piv
confidence of hi,*
a s a merit; and if* he disobeys plain, positive in- ii;ie:d imijorilv ol hU opponent*. He hail hern honored by ttu>
confidence of his Hmtc; and I thought i\wao repealed uvideiiCe*
structions, stands recusant for three years, promises oi'thc confidence and good opinion ofht^ neighbor? ami ^ ' " J ^
obedience, and then a«*ain disobeys, it is such hisrh citizen* wen: entitled to more reliance than the abuse Ot We^
merit as to entitle him to i\\v. thanks of the Le- who were- mrivine; to pain office by traducing him Iw 1 ?:
although I wa* aware
gislatufe," for his untiring and nhlc defence of the clmnres did not move me,know the bitterness and that talaitvdiul
move irttinv^uM] men. I
rights of the State and the people." S>r, upon the
subject of instructions, he is cU*thed with popish
infallibility, while I for obeying am to be doomed
to infamy, and to be delivered over to (he barkinsjs ciples of our iienitntums. save him a preference, in my judg*
menl, over Mr. « ranker, who wiuc
of " T r a y , Blanche, and Sweetheart," and all the support of Antima*;unie principle*?. chiefly distinguished for lit*
cur dogs of the press, and libelled by the toasts of '•But, »ir, having - i w n a vote for <!ol. Johnson as an Jndivi.
N e w York renegade loco focosdual, I was called on a« a Senator to chooee between the two
highest caiuiidaioH for the otlioo
But, Mr. President, it is said that I have been the elector?* of tin- United Suites. of Vie«ehoirc w»w returned by
restricted to
instructed substantially. Now who pretends that two; in making it. I thmiirht 1 w;is My to act individually, hul
declaratory resolutions and instructions are the
same. Are they the men who believe in instructions? N o , sir, no. They are men who do not be- . .
was not the representative of
lieve in it themselves, but they attempt to fashion ple, 1 wasi a«a,jntalive without a constituent,the peowhich
a belief for others- They are like blind men dis- would be an aiwurdiiy. I Uiouffkt the Constitution of the Uni
ted States eives the choice of "President and Vice President
couisinpr of colors. "J)e ium apparentibxts el wm
primarily to
txisteiUibus eademtst ratio." "A wink i? as good as in choosing athe people ot the States from the three ifhis>h»*t ftii!
President, the selection
a nod to a blind man." 1 protest against the right turned by the people, devolves on the Siatcn as States n \ .* —at.
•of such men to proscribe a cneerf for ice. An in- ed m the Houtv- of Itenro^ntativen. ? thought in that *#>»•. *be

representative* w»»ul.tbf: bound it. the first instance to e^nt'^rr. r*

fchcetectorat voteof their States; that ( h u m n ^ s a r y UF^n the
oriDciples of oor Conatitutiomwhich enable? the small State* thus
toI protect themselves from the overwhemmg force of numbers
l a the large S t a t e s that it resulted from the very nature of reDiesentativc Government, which makes use of agents to carry
Into effect the will o f the people, not cheir own.
Hence, also,
results the doctrine of instruction ami obedience. , I believe
Chat where ihe opinion of the people is fairly and conaiUuiionally expressed, that the agent is bound t» idiey; although
this doctrine of instruction has its limits and restrict ions, aud
the duty of obedience may he controlled bv riren instances, yet
that thoee exceptions only proved the rnlr, and In-re
w a s a case clear of all difficulty. If the pvnple have any jisrht,
it is clearly ths risyht to choose a President and Vice President,
and that right is not forfeited hy a failure to chuope in one
mode, but u hvrs throughout ihe other modt-; although in
choosing a Vice President the ttena.'n:* act numerically, lhis
does not make a sulistantial difference, as they are the representatives tif the State*, in their very creation; mv\ as the Vice
President may become Picsident, I thought 1 was* bound iw give
the voice of trie people of the Siaic I represent, not my own,
on this occasion. Had I found that my Bcrupn-* on thi^-nhject
were di>regarded bv others, so as to destroy the principle on
Which 1 at:tiid, I should huvohad the firmnea* and jud^rmmt in
that case to act as hocame in American rirnator. Nothing
o f the kind occurred.
Six Senators a:ood as I dul, with
the choice of ih»di* opposed to the fvemigs
of their parly fri*i,-Jr. Five of them weie Widen; iw*» of those
voted wn!t i.i:oii constiiiiemsc, three of them according to their
owii viov.s. There was one Jackson r?ouaior in the puMtion I
occupied, l i e voted for Colonel Johnson. There wiw ilir« a
balance of; wo W h i g votes against their constituent*; sull, howover, th.3 voice of the people of the States uiuiophed. So
situated, 1 was called on to vole. I voted a:« the people of N e w
Jersey, through their electors, voted. 1 did not think that I
w a * in liWriy to look behind the record of the electoral vote,
alih-iu :h it was a trifling and, I thought, an accidental majority. *IIIi, however, 1 thought my vote belonged to the people
of .V:«v Jersey, and I gave their vote, not mine. This is in
ace••rdiiiice w n h my own principle**, anil the principles and
im»h».-viniH of my puny. I am not willing to preach one thing
and i-r.ictice another. I was aware that this vote would subject i ..- io censure on both Bides; but I have entire confidence in
the s md > ciidc and honesty of m y constituents, and that even
UiCKu: who dillor with me will do me the justice :o believe that
I an.-a consistently with my own principles and those of mJy
*-l .mi ,ior insensible of the value of the jrood opinion of yourself;, although it is manifest that we-ijlbr in some respects.
ft c.«n:i-a c;m«snt to leave yuu in any error as to the motives of
m y r •i«iluct,ur to claim a merit which I do not deserve."

act, and not the act of the Senator, and transfer all
responsibility from the Senator to themselves.
By so doing, they discharge the Senator from
responsibility to their common principal,and assume
it themselves. But I do not, and never did, hold
the doctrine of passive obedience and non-resistance. If a Legislature instructs me to do what I
think will nnt promote the common weal and the
happiness and well-being of the people, I shall here
tell them so, and make known ray opinion lo our
common master, the people; cast the responsibility
upon them, where it does and ought to rest, and
leave it for the people, in whose capacity for selfgovernment I have full confidence, to decide between their common agents. But I shall obey the
instructions of the Legislature when they are clearly given. Sir, in declaring this, I also feel bound
to say that I do not believe that the people of N e w
Jersey selected their Legislature to think for me, to
reason fur me, to believe for me, or to impose their
political creeds upon *ne. They are a high-minded
and generous people, and they mean to be represented, both here and in their own Legislature,
by high-minded and honorable agents* They
knew that when they selected members of the
Legislature, they clothed them with the power of
commanding their Senators; but if they did command, it was upon their assuming the responsibility of the act commanded to be done, and absolving the Senators from any responsibility to the
people. But, sir, the people of New Jersey did
not know and did not believe that a Legislature
would be found that would meanly shrink from
their proper responsibility of commanding what
they thought the public interest required, and put
forth their own wishes as the wishes of the people.
The people know how to speak their own wishes
own way,
So much, sir, for my conduct on this occasion. and opinions in theirhave alwaysand in the constitutional mode* I
repudiated the
3. My party in New Jersey have declared that doctrine which those who do not believe in instrucit ts the undoubted right of the Legislatures of the tions put forth to disgrace the doctrine of insttuc-'
several Slates to instruct those who represent their tions—that every election for a constable or other
interest in the councils uf the nation in ail matters local officer, or for members of the Legislature, is
which inti irately concern the puhJic weal, and may an instruction to the agent of the people in the Na^
affect the happiness or well being of the people.
tional Legislature—in short, that the representatives
It is tine to myself and to truth, Mr, President, of the people here are to become political automato declare that I was not consulted in relation to ton, weathercocks, and turn north, east, west, or
the instructions of 1834 or 1835; but they were south, as such elections should point.
both introduced and passed without consulting me.
Mr. President, while I acknowledge the duty
The dncuine which they contain has, however, my of obedience to instructions, it is right for me
approbation, I believe that, according 10 the theory to say that I do not acknowledge the right of
of our institutions, the Legislatures have the right the Legislature to play with it as wax, and to
to instruct Senators, because they are the imme- mould it to any form. I will not ^ be made
diate constituents of the Senators, and the right of the instrument of its abuse, nor shall ft be prosinstruction belongs to, and results from, the very tituted to fraudulent purposes through my aid.
nature of representative Government and constitu- I am no Jew, and do'not believe that if my enemy
ency. The Legislatures may instruct Senators, and disregards the Sabbath and makes war on me on
the people may instruct legislators. But I do not that day, that the command to keep it holy forbids
believe that the Legislature is chosen to convey the self-defence. I now announce that, if those who
opiniows of the people—the common principal both do not believe in the doctrine of instruction, but
of Senators and State legislators—to Senators, in trample it in the dust and laugh it to scorn> attempt
any other way than instructions. They may con- to destroy my political friends and principles by
vey their own commands, in the way of instruc- fraudulently availing themselves of our reverence
tions*. f*i Senators, in all matters which inti- for that doctrine, that they will not find rae dism a - ' / concern the public weal, or affect the armed or unprepared for defence. 1 will not lend
}, 0 ,ji.c•* and well being of the people. They myself to any purpose to make the doctrine a
then assume the responsibility of the act which sword for its enemies to destroy its friends, or a
rhey command to be done, and make it their own shield to save the enemies of the doctrine from all

M&ssit**!**? °^ k^*1**** ' f l n e y mean to blow hot
i n d c o l d * they must select some other person to try
t h a t e X p ^ ^ 1 1 1 6 1 1 1 upon. N o w , M r , President, let
sas » e e w h a t the resolutions of the Legislature of
« > c W J e r s e y a r e , which are said to w a n t only the
l i t t l e w o r d instruct to m a k e the ox instructions- So
j t sta.ti*e m a y be said only to w a n t vitality to m a k e
i t s p e a l * . W i i h y o u r permission I will read them :
• • W t i e ^ e a s it is the right and duty of the people to expr^§g
*H«ir o p i n i o n s in relation to public measures; and whereas the
ZZecul&aTr a n d embarrassed condition of our public aflairs loudw d c i r > a . n d 8 an expression of the sentiments of the people of
2 e w J e r s e y . Therefore,
* * B « x / resolved
by the Council and General Assembly
-JLT^ jSttate,
That it is the constitutional right and duty of
5 5 o n j r r e e « to provide for the safe-keeping and disposition of the
A u t o f i c t r e a s u r y and any act of the Executive, whereby it is
m m o v e d from the custody o( those to whom Congress have
c o o n d e d it, is a violation of law, and a dangerous abuse of
**&!!*JL*id be it resolved, That the resolution of the Senate of
ifec U n i t e * 1 States, of the twenty eighth of March, in the year of
J^rTr L o r d one thousand eight hundred and thirty four, which
S c « l a r e » that "the President, in the late Executive proceedings
f o r e l a t i o n to the public revenue, assumed authority and power
n o t c o n f e r r e d by Uie Constitution and laws, hut in derogation of
b o t h *' m e e t s the decided approbation of this Legislature; and
w e r e g a r d the expunging of that resolution from the juurnal of
I h e S e n a t e , as an open infraction of one of the plainest provis i o n s o f t h e Constitution, ami of most dangerous tendency.
3 Arid be it resolved, That the .claim and practice of the
R a t i o n a l Executive, which regard all executive officer*, and
e s p e c i a l l y those to w h o m the p u b l i c m o n e y s are entrusted by
J a w B» t h e mere agents of the President,: whom he may on all
o c c a s i o n s control and dismiss at his pleistire, are inconsistent
w i ' h t h e Republican principles of our instiuuinna, an assumpt i o n o f regal prerogative, and tend to the establishment oi arbitrary Oovernmem.
** 4 J And be it resolved, That the circular letter from t h e ! rca• a r v l>eparunciH, known as the " S p e c i e circular," and issued
J y d i r e c t i o n of the Executive, was not justified by law, inexped i e n t i n relation to the currency of the country, unjust in ita
o p e r a t i o n on different sections of the Union, and in violation «f
t i e constitutional rights of the States and the people.
*«© And be it resolved, That the removal of the public
m o n e y s from the deposits m which the law ot the laud re
a u i r e d t h e m to be kept, and where they were sate and available
« t a l l time*; their deposite in banks, not selected or authorized
*ry C o n g r e s s , or capable of performing the Uutica of fiscal
a g e n t " o f the Government; the encouragement to them by the
«drniiiisiration;to enlarge their discounts and circulation, and in
effeaao the paper money of the country,* the countenance given
U> the creation of an i m m e n s e amount of new banking capital
b y t h e States; the unnecessary, unwise, and forced importations
« < s p e c i e from countries to which our own was indebted, and
4 0 w h i c h , by the operations of commerce, it must be restored;
juid t h e refusal to receive the ordinary circulating medium for
d u e s to ttie Oovernment constitute a «ucce 3 sion 01 acts founded
i n i g n o r a n c e o f l h e condition and interests of the country, whose
i n e v i t a b l e tendency was to derange the business and exchanges
o f t h e different portions of the Union, create distrust, embarrass
•svery branch of industry, destroy the proepentymf the country
mnd oppress the laboring chuwesof the community; and that, lu
t h e Opinion of the people of thia State, these octe of the Governm e n t have destroyed the business of the nation, and are the imm e d i a t e causes of the depreciated state of our circulating me
d j u m , and of the universal distress of the community.
*'S, And be it resolved, That the recent ,act of Congress,
founded on the recommendation of the President, which withholda from the States nine millions of dollars, which had been
ledged to them, disappointed the just expectations of the
tales, and w a s an unjuat and unnecessary violation of faith,
l e a d i n g to consequences injurious to the States and the people
"7 And be it wived.
That the issue of ten millions of
T r e a s u r y drafts to enable the Government to meet the expenses
o f ita Administration, is evidence of a wanton waste of tbe
a b u n d a n t revenues and resources, an unnecessary addition to
t l w paper money of the country, and a violation of the profess i o n * and promises which have been made to the people.
"8- And be it resolved, That thia Legislature look with alarm
to t h e mt*aurea proposed and urged by the present National
E x e c u t i v e , acid in the name, and on the behalf of the people of
t h i s State, do wiost earnestly and solemnly protest against—
"let. T h e adoption of what is usually called the Sub Treasur y s c h e m e , whereby all the public treasure will be in the hands
ol* the officere of the Government, to he kept and disbursed by them; will be, unsafe; m a y be used lor party and
c o r r u p t purposes; and will augment vh* Executive power to a



dangerous extent, inasmuch as the control of the whole treasure
of the nation will, by the power of appointment and removal,
be In the_handei of the President alone.

Government to obtain possession of a large proportion ot the
specie of the country, and thereby control at pleasure, and
destroy, the circulating medium, created by the States; and it
also established a most odious distinction between the people
and those who hold public office, inasmuch as the latter will
receive for their salaries, ami in payment for tlieir servicep,
cold and silver, while the labor of the peoph; must be paid for
in less valuable paper, which the conduct of the Government
will more and more depreciate, and render worthless.
"3d. T h e passage of a special bankrupt law, applicable to
State banks, because it violates the spirit of the Constitution of
the United States, is partial in ita application, and interferes
with the acknowledged rights of the States; inasmuch ae it assumes to the General Government the power to dictate the
terms on which corporations created by the States shall be regulate*! ;i;tfl destroyed.
*",'. And be it resolved, That w e regard these measures as
ruinous to the best interests of our country, and dangerous to
the existence of our Republican institutions; and w e declare
our solemn convict ion, that they are decidedly disapproved by
the people of this State; and that our representatives in both
Houses of Congress will beat conform their acts and vwtes to
the wishes of i heir constituents, by a faithful resistance to their
"10. And he it resolved, That in his unwavering opposition
to all the foregoing measures, his patriotic and eloquent support of the above recited resolution, and his untiring and a l ie
defence of tbe rights and interests of the Stales and the pe< p «,
the Hon- Samutd I... Southard baa discharged the duties of the
statesman nnd the patriot, and entitled himself to our higheel
respect and warmest gratitude.
**li. And be it resolved, That the conduct of the Representatives of ihis State, in the prcrent H o u s e of Representatives,
merits arid receives our decided and hearty approval.
"12. And be it resolved^ That the Governor be required to
transmit a copy of these resolutions to each of our Senators and
Representatives in Congress, with arequest to present the same
to both Ho use H,1'

N o m a n , sir, will seriously pretend that these a r e
instructions. T h e y are the m e r e declaration of
w h a t the Legislature profess to believe to be the
voice of the people of N e w J e r s e y , respecting the
policy of the General G o v e r n m e n t . T h e y contain
no c o m m a n d s , there i? no m a n l y assumption of responsibility; no generous confidence in avowing
these opinions, which relieves the agents of the people here I r e m their responsibility to the people.
W h y did they not instruct, if tney so meant?
it because they were ignorant of the difference between instructions conveying the c o m m a n d s of the
Legislature, and resolutions professing to declare the
opinions of the people? I h a v e shown that the records of the Legislature abound wiih precedents.
W a s it because they considered them identical)
I h a v e shown that W h i g Legislatures instruct
wh^n thev so mean* W a s it because they could
nut instruct without trampling upon the reputation
of (he Senator whom they m e a n t to applaud? If
so, it ought to h a v e admonished them not to play
with edged tools. But v h y speculate on this subject? I turn to the tenth resolution, which applauds
the conduct of m y colleague as a statesman a n d a
patriot, as one which 1 view as decisive upon
the subject.
I ask, sir, could any Legislature
found be that would., give instructions to Senators, and, in the s a m e breath, pour out u n measured praise upon a Senator who h a d stood,
for more than three y e a r s , in open, repeated, a n d
renewed, disobedience to the instructions of the
Lcgisature a n d the voice of the people ot New
Jersey; who h a d , ( the p r e s u m p t i o n " to appeal from
the Legislature to the people; who had had two fair
trials, both before the Legislature and the people,

had promised obedience, and had, after all, dis- f that resolution. In fact, all the m e a s u r e s rer>n*T*
obeyed? W h y , sir, it is a degree of inconsistency ated by the resolutions in question had h****^**T
been n
that amounts? to ratuity. By the benign princi- viously sanctioned by the people of J S e w J e r pe v "
s reples of the common law, no man can be permitted If it were true, which I do not believe, t h a t t h e F"»*^
to stultify himself; and the Legislature of the State
'which I have, in part, the honor to represent, shall not believe that the people who selected m e a s S e pie had changed their mind on these s u b j e e u T I da
Hot do so, with my consent. M y honorable friend nator, and at the same time commanded m e t o e x from Pennsylvania [Mr. BUCHANAN] may look to punge that resolution, would afterwards d i s a v o w
the immunities of legislative bodies on the other the act, censure me for nay obedience, a n d s h o w e r
side of the Delaware. It is no concern of mine. thanks upon my colleague for disobedience. W h a t
Y e s , sir; I take as deep an interest m that tenth a stain would such conduct be upon the u n s u l l i e d
resolution as my colleague can, although it was honor of N e w Jersey! W h a t could purify t h e d o e designed exclusively for his honor* It is my pro- trine of instruction from such disgrace, c o n t e m p t *
tection. It is at once an estoppel against these re- and infamy!
solutions being set u p a s instructions, and a letter of
Sir, I have another reason for b e l i e v i n g that
license to m e .
these resolutions were not designed as i n s t r u c t i o n s
View them as instructions, or as intended to ope- and that arises from my modesty, I d o n o t be^
rate on me, and in what a disgraceful portion do \ieve that the Legislature intended to put m e o n
they place the Legislature of N e w Jersey!
H o w the road to honor by these resolutions; to p l a c e m e
will they dare to look a generous, high-minded, in the way of entitling myself to Legislative t h a n k s ,
and confiding constituency in the face? This con- by the merit of disobedience. Do you not p e r c e i v e 9
struction assumes that they meant to dishonor ihe sir, that if my colleague obtains honors by d i s o b e ^
voice of the people by applauding him who diso- dience to instructions,, that disobedience is m e r i t ,
beyed it; to dishonor legislative instruction*, by and that I can win honor in the same way? S u r e l y *
holding out legislative honors to disobedience; that sir, it would be doubling* the justice of the L e g i s l a they dare not, out of tenderness to their friends, ture to suspect that, if disobedience was m e r i t o r i o u s
manfully express what they meant, or that the con* in my colleague, it could be less so in m e ,
duct of those friends had constrained them "to Legislature wouftj tender itself odious by m a k i n g
palter in a double seose"—to attempt by indirec- fish of one and flesh of another Senator.
tion what they had not the maniines* to do directN o , sir: they are not, and were not d e s i g n e d to
ly; in short, sir, it assumes that they would not inbe instructions. They are simply a W h i g creed*
struct, because they knew I would obey, and thus
defeat malignity. And therefore they fraudulently It is well known, sir, that that party is c o m p o s e d of
contrived resolutions which they knew were not discordant and heterogeneous materials; a n d they
instructions, but intended to wear the form, without want a .common standard for action here a n d at
the substance, and thus place both my colleague home. They applaud their representatives i n C o n and myself in false positions, and let loose upon sjres^ for their conduct at me extra session i n d o i n g
nothing, and opposing every thing. H e r e t h e y p r e m e the cur dogs of party.
sent them a little book for their future g u i d e , i n
Mr. President, I do not view these resolutions their arduous duties of opposition. N o w , sir, this
a s instructions. I cannot do so without stamping creed teaches me to believe that every thing that
the Legislature with fraud and dishonor. I shall General Jackson has done for the whole p e r i o d o f
continue in that opinion until some one of that his administration, and every thing that his s u c c e s Legislature a v o w s that they were so, under sor has recommended, or will r e c o m m e n d , i s
his own name, and I will then bring him before the wrong. Sir, I have a very great respect for the
tribunal of our masters to answer for the fraudu- Legislature of my native State, and the g e n t l e m e n
lent use and abuse of legislative trust.
who compose it; but they must excuse m e .
That these resolutions were not designed as believe too ranch for me: I cannot believe u p to
instructions to me, is further confirmed by the his- their standard. Besides, sir I hare just e n o u g h o f
tory of ihc* day. It is well known that the poetical the Quaker blood in my veins to reject creeds
gentleman who introduced them,and who, no doubt, which are made for me. I do not believe i n the
considered that he held'in the breath of his nostrils right of any body of men to frame and fashion a
the issues of political death and immortality, would political creed f o r m e , or to order a faith for xne. I
not even "breathe my name," but committed it to look upon my own faith as best, and shall adhere
the awful punishment of letting it "rest in the to it until better advised.
shade/ 1 H e would not suffer it even to be breathed
Sir, we have heard much of the spoils party. It
in connection with these immortal resolutions. has been a fruitful subject of declamation; bat the
Another, and a conclusive, reason why they were great W h i g party, while they condemn it, adopt its
not designed aw instructions, is, that both the Le- principles. Wherever they get power they m a k e a
gislature and the people of T$ew Jersey had, on cleansweep from the highest to the lowest, and they
two different occasions, sanctioned and confirmed reward the faithful. M y own Legislature, I underthat part of the policy of the General Govern- stand, dida snug business ia that w a y , relieving the
ment which related to the administration of distresses of some eight hundred or a thousand o f the
General Jackson—the removal of the depositee, new recruits in the ranks of the spoils party* B a t
the taking the moneys of the United States from ihe effort to impose a creed on the vanquish 0 *** i s
the use of the United Stales Bank, and repudiated going one step beyond the atrocities of the o d i o u s
the resolution of the Senate of the twenty-eighth spoils party. N o t content with stripping all those
of March, 1834, as not warranted by law, and of office whom they can, (for when did they ever
commanded their Senators to vote for expunging spare a victim,) here is an a v o w e d effort to m a k e

t h o s e w h o are beyond their reach undergo the ignom i n i o u s punishment of the yoke; an attempt to
i m p o s e a creed upon them—to make them put on
t b e livery of the conquerors, and get up behind
t h e i r triumphant coach. I will wear no livery but
t h a t o f the people.
M r . President, this attempt by the victors to imp o s e a- creed upon the vanquished, is a novelty.
I t i s n o t Republican, for Republicanism teaches
*tfaat error of opinion may be tolerated while reas o n i s left free to combat it.11 It is not Christian,
f o r Christianity teaches charity. It is the Mahome t a n a n d Turkish creed which is now sought to be
i n t r o d u c e d into the politics of this country; a creed
w h i c h teaches that to the victors belong not only
t h e s p ° t l s , but also the right of imposing their creed
u p o n the vanquished. I am not prepared to turn
T n r k : . I shall remain true to my friends and my
I sincerely thank the honorable Senator from
K e n t u c k y , and the other Senators who have manifested such zeal for my conversion, I have no
d o a t r t it arose from the most kindly feelings to prop a g a t e the true faith on the doctrine of instructions;
a n d I would therefore recommend that they should
u n i t e their efforts upon the honorable Senator from
S o u t h Carolina, [Mr. PRESTON] who is in the same
u n f o r t u n a t e situation with myself- If he should
becoxne their neophyte, I will think of beginning to
t a k e lessons from my honorable colleague. 1 will
o w e m y conversion to no other hands.
M r . President, 1 have a few remarks more, and
I w i l l cease to tax your patience. It is always with
unaffected reluctance that I speak about myself. I
a m , however, compelled to do so.
T h e distinguished Senator from Kentucky, [Mr.
C L A ? , ] who plays many parts here, and always
w i t h eminent ability, the other day, in sinking at
friends and foes, spoke of my Federalism ; and my
h o n o r a b l e colleague has alluded to it in a manner
t o o significant to be misunderstood. What do
t h e s e Senators mean by such allusions? Do they
m e a n that it is an eternal reproach, an indelible
m a r k of disgrace, to have belonged to the Federal
p a r t y ? If that is their meaning, let them proclaim
i t in New Jersey, and they will soon find that they
Joce more than two-thirds of their supporters. If
t h e y drive from their ranks the Federalists, as
unworthy of association, they will be left with the
skeleton of a party. Do they mean it as a reproach
t o m e ? I am willing to bear it. Here, sir, in the
presence of the American people, I avow that I
w a s a Federalist, and acted with that party zealously and actively, so long as their flag: waved in
N e w Jersey, Standing here, as it were, with the
e y e s of the immortal Father of his Country—the
h e a d and leader of the party to which I belonged—
intently fixed upon me, I should be unworthy of my
present honorable position, if I hesitated to make the
a v o w a l . Sir, it is an honor to any one to have been
a humble follower of the purest and most unsullied Democrat that ever lived.
W h o , sir, were
the leaders of the New Jersey Federalists? For,
sir, I hold myself answerable only for their sins
a n d my own. I reject alt imputative *=ins. They
w e r e the men whose Democracy was tried by the
fires of the Revolution, who had assisted in' that
glorious struggle in the field and in the cabinet

[ and in forming the Constitutions which now support
our liberties. They were talented, high-minded,
I and honorable, and, above all, they were eminentl ly American and patriotic.
When I arrived at
I manhood 1 found them prostrate, in a hopeless minority, and crushed by what I considered an oligarchy, whose claims for Democracy were not
I equal to those cf the Federallyts whom they expelled from power.
Sir, the Federal party, while it existed in New
Jersey, after 1 became of age, never had but one
year of power. They have few sins of commisI sion to answer for. They btood in opposition, and
I I stood wiLh them, side by side, until alter the dei claration of the late war, and the invasion of the
country by the British.
1 thought then, and still
I think, that although there had been abundant
cause for war from the time of the attack on the
Chesapeake, thai it was declared rashly, and that
the Goverement had not done its duty in putting
the country in a state of defence. But, sir, when
the country was invaded, I thought it the duty of
every man to go for the country.
I had hoped, sir, to have seen the venerable man,
who was at that time the leader of the Federal party in New Jersey, (and a more patriotic, heroic,
and American heart beats not in any bosom,)tn the
place which he has occupied for several days in this
Chamber, [Col. OGT>EN.]
H e could have told
vou what were my feelings and sentiments then.
Sir, the Federalists of New Jersey were Americans
and patriots. I had the honor of commanding in
camp during the late war a company composed exclusively of Federalists, and it is due to them to
say, that among their gallant associates they had
no superiors in patriotism, and every quality
that becomes an American soldier. There, sir,
I was brought in close connection with Democrats, and found in truth what Mr. Jefferson had declared, "that we were all Federalists, all Republicans." Shortly after the war
the Federalists in New Jersey struck their flag
by their own han<\s, and voluntarily disbanded. I
remained with them with unshaken fidelity until
that time, although some differed with me, no doubt
honestly, as to the course I had taken in the war.
W e were conquered, sir, by our friends, not by our
foes. But not by our friends in New Jersey. There,
sir, we furled our flag with our own hands, still
bearing the national stripes and stars nndigraced.
T h e era of good feeling commenced with Mr.
Monroe's administration. T h e friends of internal
improvement in New Jersey were about comrnencing those great works which will immortalize them, and which has given to the State such
prosperity. My feeble exertions were invoked
iu that cause, and I entered the Legislature
as a representative of one of the most Democratic counties in the State. Parly feeling
was calmed and subdued for several years. T h e
time came, however, when the principles which
are always working in Republican Governments,
were about to exhibit themselves in new formsNew parties were formed. I had been discharged
from all party ties by ihe voluntary disbanding of
the party to which I belonged.
I had remained
neutral for years. W h e n I thought the proper moment had arrived, I took ** my musket, cartridge*

box, and shot p o a c h , " and entered the caucus the
ureal WiUenagemotte of the Democracy of H u n terdon county.
But I did not go "solitary and
a l o n e . " Those who had stood side by side with
me in*my course during the late war, went with
me. I was there opposed by some who made the
s a m e objection that has been made here.
did not meet that objection by denial, but
I told them that I had drawn
m y Federalism from the principles of the
Revolution, the C o n n m n i o n of the United States,
a n d Washington's Farewell Address. T h e Democrats found that my Federalism and their Democracy did not differ much, and that difference
related to the past, and they honored me with their
confidence* Sir, I have never abused that confidence, and the last pulse which beats in my
bosom will be in gratitude for their favors, and in
devotion to their service.
Sir, I entered the Democratic ranks, not as a
deserter, for i left no party, but as an American citizen should meet his fellows, conscious of the purity
of hisown purposes; and I was received and treated
withaconfidenceeqoal to that which I had evinced*
It required no sacrifice on either side to cement
our union.
Sir, 1 never joined any party, but when it was
m a minority, nor have I ever asked of any party
with which I acted as much as they m their bounty
were willing to bestow. I have never deserted
either p a n y or friends;, nor,sir, have they been
importuned, distracted, or weakened, to promote
my ambition or interestM y colleague, with some scorn, speaks of modern Democracy, and says that he went to bed one
nighl a Democrat, and rose the next morning a Federalist. Sir, if such a sudden metamorphose took
place, hts democracy must have been composed of
"such siuff as dreams are made of '*—"like shadows it came, and like shadows it departed." My
democracy, however modern it may be, neither
came so suddenly, nor will it, I hope, be so evanescent. I admit thai my democracy is a plant of
slow growth; it neither came up in a night, nor will
it be found withered in the morning. It resulted
from reflection, experience, arid the conquest over
error and prejudice; and I hope that, like all plants of
slow growth, it will be the more enduring. 1 have no
pretensions to that unctions Democracy which arises
from hereditary descent* I cannot boast that " I was
born in the purple.** Hereditary Democracy savors rather ot Aristocracy, and, like hereditary property, is apt to be dissipated. Unfortunately for
me, my father died before the formation of parties
in thi* country, but he bequeathed to me his Revolutionary feelings and example, his only inheritance.
M r . President, I do not boast of m y consistency.
Since I attained the a^e o( twenty-one, I acknowledge that I have changed my opinion on many
subjects, legal, political, religious, moral, philosophical, and as to mvn; and if my life is spared, and
my opportunities and the possession of my faculties

are vouchsafed to m e , I do not doubt but I m » t ,
stdl change. But, sir, in pure love of m y c o u n t r y ?
and its institutions, in devotion to what m y j u d g ment tell* me wiJt best promote its interests, in ihc
love and pursuit of truth,, and the attainment of
honorable ends by honorable means, I a m not c o n scious of any change.
W h a t e v e r my Democracy or m y F e d e r a *.s*n
m^y have b*?en, it is now drawn from ths p r i n c i ^ e s
of our Revolution and of our Republican institutions, and an adherence to that mode of a d m i n i s tering the Government which will produce : t h e
greatest good to the greatest number. I d r a w mjr
Democratic principles from Washington*s Farew<-4*~
Address, from the doctrine of equal rights r
equal privileges, and the protection of thew
antl privileges, and all other privileges s** ..
by Lhe Constitution, by law. Finally,sir, 1 bel.
in a strict construction of the Constitution,
such a construction as will deveiope and call
action all its express and implied powers, for t h e
beneficent purposes of its adoption.
Now, sir, whether this Democracy is from t h e
school of Federalism or Republicanism, of W a s h ington or Jefferson, I shall not inquire. It is m y
M r . President, I bow in submission to the voice
of the people of N e w Jersey; but that voice is n o t
declared by these resolutions. T h e Legislature m a y
command, but they assume an authority not delegated, if they arrogate to themselves the right t o
bind the people of N e w Jersey by uttering their o w n
voice as the voice of the people. H a v e the people
changed? for they must h a v e changed, if these r e solutions declare their voice. In what constitutional mode have they evinced that change? I h a v e
not been able to discover it. At the last S t a t e
election the friends of the Administration polled
more votes in the disputed counties in that S t a t e
than they ever did on any former occasion. M a n y
of the strongest Democratic counties were divided
by two tickets, both professing the same political
sentiments in favor of the National Administration.
Sir, at the time these resolutions were passed, n&
one of the people or the Legislature had seen this
bill which it is pretended is condemned by the voice
of the people of N e w Jersey. T h e n , M r . P r e s i dent, I shall look to the Constitution, and the instructions of the Legislature of N e w Jersey, twice s a n e liom * by the people, for my guide, I shall vote for
keeping (as the laws now provide for collecting)
the public treasure by constitutional officers, c h o sen, amenable to, and regulated by, the Constitution
and laws, solely for the public use—instead of
placing it to be kept in the possession and custody
of bank agents—chosen by banks irresponsible to
the Government or the people—to be used for t h e
sole and exclusive profit of banks- If I err in this,
my error is in the Constitution, and the remedy is
with the people.
I commit myself with u n s h a k e n
confidence to their hands, a n d submit m y actions
to th<?ii judgment and decision, which with m #
will be decisive.