crease in the circulation in Scotland is, no doubt, 356,742 4,698.067 1,220,000 The whole issues of capital by the Schuylkill bank were 1,299,700, of which 79,700 have been purchased. NORTHERN BANK OF KENTUCKY. The following is a return of the Bank of France: BANK OF FRANCE, 25th DEC. 1842. Notes in circulation, Dec. 31, 1842. Capital of Bank, 1,111,955 Dividends to be paid, 371,753 Outsanding drafts of branch banks, 1,483,718 Due from state, 270,694 Commercial bills discounted, 828,674 Cash advanced on deposite of bullion, 1,515,468 Accounts current debtor, BANK OF THE STATE OF MISSOURI, Nov. 1842, AND JAN. 1843. Belmont bank of St. The charges were then read by the judge advo cate--they are five in number, vizi Charges and specifications of charges preferred by the secretary of the navy against Alexander Slidell Mackenzie, a commander in the United States navy, to wit: CHARGE L. Murder on board a United States vessel on the high seas. Specification 1st. In this that the said commander Alexander Slidell Mackenzie, of the navy, commanding the U. S. brig Somers, being on the high seas, to wit, in 17° 34' 28" north latitude, and 570 Franes. 57 45" west longitude from Greenwich or there224,254,652 abouts, on the 1st day of December, A. D. 1842, did 136,102,896 then and there, without form of law, wilfully, deliber37,711,930 ately, and with malice oforethought, hang and cause to 2,010,000 be hanged by the neck at the main yard of the afore67,900,000 said brig, until he was dead, Philip Spencer, an acting 10,000,000 midshipman, then in the service of the United States, 4,000,000 thereby violating the 21st article of the act of con5,219,142 gress entitled "an act for the better government of 452,762 the navy of the United States," approved April 23d, 1,271,827 1800. Specification 2d. Exactly the same as the previous 488,923,211 one, substituting "Samuel Cromwell, boatswain's Francs. mate, then in the "service of the United States and 197,253,647 borne on the muster roll of said brig for "Philip 158,324,772 Spencer, acting midshipman, then in the service of 4,720,600 the United States." Specification 3d. The same as the 2d, substituting 16,497,032 "Elisha Small, seaman," for "Samuel Cromwell, 27,788,541 boatswain's mate." Specification 1st. In this, that the said commander 4,000,000 Alexander Slidell Mackenzie, of the navy, command136,880 ing the U. S. brig Somers, being on the high seas, to wit: in 170 34' 28" north lat. and 570 57 34" west 480,923,211 longitude from Greenwich, or thereabouts, on the COMMERCIAL OPERATIONS REALIZED DURING THE LAST first day of December, 1842, did then and there QUARTER OF THE YEAR 1842. without good and sufficient cause, and without form of Francs. law, oppressively kill, by hanging and causing to be 250,090,600 hanged by the neck at the main yard arm of the 9,762,500 aforesaid brig, Philip Spencer, an acting midship7,685,600 man, then in the service of the United States: there1,003,639,500 by violating the 3d article of the 1st section of the 1,003,556,700 article of congress, entitled "an act for the better 119,106,500 government of the navy of the United States," ap114,258,400 proved April 23, 1840. 303,410 Commercial bills discounted, Loans. Specie. Circ. Deps. TOBACCO CONTRACTS. 94,530,000 Specification 2d. Same as the above, with the same CHARGE III. 82.023 12,613 9,084 10,953 The Moniteur Parisien states, that the tenders to Com. bk. Cincinnati, 1,002,253 45.891 60,053 205,022 Bk. of Mt. Pleasant, 32,076 7,463 Illegal punishment. 8,465 398 supply the government with 4,800,000 pounds of VirBank of Dayton, 27,771 10.342 14,453 1,116 ginian leaf tobacco, 7,000,000 ditto of Kentucky leaf, Specification 1st. In this that the said commander Bank of Sandusky, 185.650 40,714 175,029 37,830 4,400,000 ditto of Maryland leaf, and 80,000 ditto of Alexander Slidell Mackenzie, commanding the U. S. Bank of Marietta, 178.360 16.162 41,601 7,408 Havana leaf, to be delivered at Paris or at Havre, brig Somers, being on the high seas, to wit, in 170 Western Reserve bk, 133.589 34.414 19,705 16,202 were opened before the minister of finance on Tues- 34' 26" north lat. and 57° 54' 49" west long. from Bank of Geauga, 136.361 10.456 13.563 16,930 day last, when Mr. Brown, a Liverpool merchant, Greenwich, or thereabouts, on the 1st day of Dec. Bank of Norwalk, 175,810 47.209 22,994 79,519 was declared the lowest bidder for the three first ar- A. D. 1842, did then and there exceed the limits of his Lafayette bk of Cin. 880,590 55.115 39.819 43.523 ticles, and M. J. P. Peccator for the Havana leaf. authority, and violate the 30th article of the act of Bank of Massillon, 211,393 40,012 142,016 55,799 The administration of customs' duties has just pub-congress entitled "an act for the better government of $4,099,746 557.309 1,145,165 740,666 lished a return of the principal merchandise import5,156,064 736,620 1,792,117 975,445 ed into France during the first 11 months of the present year, by which it appears that the duties produced 1,056,318 179,311 643,952 234,779 90,000,000f. The languid state of trade in the United Kingdom, is clearly indicated by the falling off of the circula- TRIAL OF COMMANDER MACKENZIE. alterations as in the 2d and 3d specifications of the tion which depreciated from the 12th November to the 10th December, £1,807,000 (near seven millions of dollars!) The following is the official report. PAPER CURRENCY OF ENGLAND. Sept. 17. Oct. 15. Dec. 10. Nov. 12. Bank Eng. 19 914,000 19 503,000 20,104,000 18,341,000 Private bks, 5,193,259 5,455.661 5,434,522 5,035,000 Joint stock Banks. 2,819,549 3,064,359 3,196,954 3,001,000 Total cir'n 34,919,594 35,843,749 36,916,630 35,263,000 For the trial of Alexander Slidell Mackenzie, on board the U. S. ship North Carolina, at Brooklyn. The court organized on yesterday, and met this morning about a quarter to 12 o'clock, and consisted of the following officers, who were all present. Commodore Downes, president; Commodore Read; captains W. C. Bolton, Daniel Turner, Isaac McKeever, John Gwynn, and Benjamin C. Page, Sloat Smith, Wyman, and George W. Storer; commanders, Henry W. Ogden, Irvine Shubrick. Judge advocate-William H. Norris, esq. of more. Conduct unbecoming an officer. Specification. In this, that the said commander Alexander Slidel Mackenzie, commanding the U. S. brig Somers, whilst in lat. 17° 34' 28" north, and long. 57° 57' 45" west from Greenwich, or thereabouts, did, contrary to the provision of article 32d of the act of congress entitled "an act for the better government of the navy of the United States," approved April 23, 1800, on the 1st of December, 1843, behave in an unofficer like and unfeeling manner by adBalti-dressing taunting and unofficer-like language to Philip Spencer, an acting midshipman on board said brig in the service of the United States, the said Spencer then and there expecting the immediate execution of death upon him by the orders of said commander Mackenzie. The judge advocate first read the letter of the secretary to the president, enclosing the precept ordering the court to convene. He then read the precept detailing the officers to compose the court, and also letters excusing three of the officers first detailed, and substituting others in their stead. England 9,816,000 9,801,000 9,907,000 10.511,000 The New York Herald says: "The contraction of the Bank of England paper is accounted for by the advance of the financial quarter, but the relatively large He then asked Commander Mackenzie if he was reduction in that of the private and joint stock banks ready for trial, to which he replied in the affirmative, is but too clear, and an indication of the still lan- and in reply to the usual question of whether he had guid state of business throughout the country. Some any objections to any of the members of the court, allowance must, however, be made for the disposi- he replied "none whatever." tion of trades generally to keep their liabilities low, The judge advocate then administered the usual and draw the claims against them into as narrow a oath to the various members, after which the presifocus as possible at the close of the year. The in-dent administered the oath to the judge advocate. CHARGE V. Cruelty and oppression. Specification. In this that the said commander Alexander Slidell Mackenzie, of the navy, commanding the U. S. brig Somers whilst on her last cruize, to wit: between the 30th day of September, 1842, and the 25th day of December, of said year, did oppressively and cruelly use and maltreat the crew of said brig, and inflict upon them cruel and unnecessary punishment, in violation of the 3d article of the 1-t (Signed) ceed in the trial till I am advised whether such is the design of the government. A delay very desirable and expedient under any court, as I perceive an important point at the outset of this cause. I have not had an opportunity from the recency of my appointment, and the difficulty of commanding the use of books when away from one's own office, of thoroughly examining. section of the act of congress, entitled "an act for the better government of the navy of the United States," approved April 23, 1800. A. P. UPSHUR, Secretary of the Navy. Navy department, January 23, 1843. I admit that acting midshipman Philip Spencer, boatswain's mate Samuel Cromwell, and seaman Elisha Small were put to death by my order, as com- Mr. Duer then stated that counsel for the defence mander of the United States brig Somers, at the conceived the duties for the judge advocate to be time and place mentioned in the charges; but as un- more those of a judicial than a prosecuting officer, der existing circumstances, this act was demanded and that he was not to be bound by the ordinary techby duty and justified by necessity, I plead not guiltynicalities by which a prosecuting officer was. to all the charges. ALEX. SLIDELL MACKENZIE, Commanding U. S Navy. Commander M. then respectfully asked leave to be assisted by counsel, which was granted, and John Duer and George Griffen, esqrs. took their seats as counsel for him. The judge advocate then stated to the court that in reference to the fourth charge, he begged to state that he would prepare and present to the court tomorrow, a paper showing why he should not take testimony on that charge until he had procured the opinion of the attorney general. The judge advocate then read the following paper which he stated was drawn up with a view of avoid ing objections hereafter. The judge advocate then stated that the government considered this a case of great importance, and wished to arrive at the truth; and also that he expected to be assisted by other counsel, whose experience would qualify them better than himself, and said he wished the court to be cleared, as he did not intend to offer any evidence to-day. The court was then cleared, and remained in secret session nearly an hour, when it was reopened, and the judge advocate, by the request of the president, read the letter of the secretary, which appointed him to officiate as judge advocate to this court, and the papers which had been read by him having been ordered to be placed on the record of the court, it adjourned till 10 o'clock Friday morning. Third day. The court met at 10 o'clock, and after the reading of the minutes, was immediately cleared for deliberation. At 12 o'clock the court was opened; when, before any proceeding, Mr. Duer, on behalf of the defendant, begged to qualify the consent yesterday given to the course which the judge advocate proposed to follow. The judge advocate before the examination of testimony begins, desired to state to the court, that he does not regard himself as occupying the position of a prosecuting law offieer in the civil tribunals. His duty he believes akin to that which was devolved on the English judges at that time when traversers were put on trial without the privilege of counsel. A prosecuting officer in the American court where the benefit of assistance is always allowed the defendant It was not in the behalf of the defendant that he usually contents himself with presenting a prima facie meant to qualify this assent, for no mode of examicase, and if compelled to resort to witnesses believed nation could render questionable the testimony of the to have a favorable feeling towards the defendant, witnesses in his behalf; but it is because the precestudiously uses no more than is absolutely indispen-dent might be injurious to the navy and the right of sable; because otherwise he would be prevented from others, that he wished to modify his yesterday's assent sifting their testimony by cross examination, or at- to the course proposed to be pursued by the judge tacking it by way of positive impeachment of char- advocate. acter should they bear witness contrary to that he believes the truth: the principle being that no one shall thus discredit his own witness. But I must not be made to take a position at all disabling me from extracting the truth of the transaction. I could by a high witness prove the hanging of midshipman Spencer, seamen Cromwell and Small, by the order of commander Mackenzie, and close the case; the rule of law being, that after the death is shown to have occurred, actually or constructively by the defendant, it is presumed to be made, and it is his duty to prove a minor degree of criminality or his entire justification or excusability of effecting it. This will be the general course in civil judicatures in order to retain the rights of cross examination and impeachmer.t. The duty of a judge advocate is, as I have stated, supposed to be that of the English judge in cases without the privilege of counsel, but the judge's rights were, to ask any question that would be legal from either side. I shall not expect therefore to be restricted by the technical rules in these particulars and be treated and restrained as an ordinary prosecutor. I wish to elicit the whole truth, whether favorable or adverse to the defendant, and if I do not extract what legally ought to serve him equally with his own counsel, it will be only from inferior capacity, knowledge, and that sagacity, which a partizan feeling does only give. But I must be apprised in advance by the defendant and his counsel of their intended course. Do they design not to contract my privilege to ask any questions that would be legal from either side, or is it meant after the confusion of slovenly prac tice before courts martial, to insist upon my duty as the English judge, for the benefit of the defendant? but as the American prosecutor for the disadvantage of the government. I therefore most respectfully desire of the defendant and his counsel, to signify what position they would perfer the judge advocate to occupy. He therefore withdrew the assent, because in fact the judge advocate here was a prosecuting officer and. not acting judicially, and could not, therefore, follow any other course, and may be liable to the retraction belonging to that condition. He could not cross-examine or discredit witnesses introduced by himself-he could not put leading questions-he could not, in short, do any thing that under like circumstances, a prosecuting officer in civil courts would be restricted to. The judge advocate interrupted Mr. Duer, to say that as the course of the judge advocate had been stated in writing, the objection now made should also be in writing. The president of the court considered this the proper course. If the consent had not yesterday been given, the court would have known how to dispose of the paper of the judge advocate; but consent having been given, that paper was now part of the record, and consequently the objection now made must be in writing too, and go on the record. Messrs. B. F. Butler and Charles O'Conner, to be permitted to take part in the proceedings in behalf of the relatives of Midshipman Spencer. The president ordered the court to be cleared to consider the application. The court was reopened at 1 o'clock, when the judge advocate read this paper: The undersigned beg leave to state to the court martial assembled for the trial of commander Alex. Slidell Mackenzie, that they have been employed by the relatives of acting midshipman Philip Spencer, one of the persons for the murder of whom commander Mackenzie is upon trial, to attend the trial and to take part therein, as such counsel, if permitted by the court. The undersigned, therefore, most respectfully request that they be permitted such counsel to be present at the trial, to examine and cross examine the witnesses who may be proposed, by propounding such questions as may be approved by the court, and to offer from time to time such suggestions in relation to the proceedings, and to present our comments on the testimony when the same shall have been concluded, subject to the approbation of the court, as they may deem necessary. The undersigned respectfully submit that the court has full power in its discretion, to grant the applica tion now made; and that the nature of the investigation to be had, and the interest naturally and justly felt therein, by those for whom they appear, render it proper that the same be granted by the court. B. F. BUTLER, CHAS. O'CONNER. And then read the decision of the court as follows: The court, after mature deliberation are of opinion that the above papers be put on record, and decide that the application contained in it be not granted. The court then adjourned to Monday. RELATIONS WITH CHINA AND HAWAIIAN ISLANDS. On the 24th of January ultimo, Mr. Adams from the committee on foreign relations, presented the following report to the house of representatives. The committee on foreign affairs, to whom was referred the message of the president of the United States of December 30, 1842, concerning the present condition of the relations, commercial and political, of the United States with the Sandwich Islands and with the Chinese Empire, and recommending to the consideration of congress the expediency of adopting measures for cultivating and improving those relations, respectfully report: That, concurring in the views of the president, as expressed in the message, with regard to the intercourse with those remote regions, suited to the best interests of the United States, and adapted to the promotion of benevolence and good will between brethren of the human family, separated heretofore not only by geographical distances to the utmost ends of the earth, but by institutions, in both extremes, of barbarism and of civilization, alienating from one another the various tribes of man, children of one common parent, and born for mutual assistance in the purpose of promoting the happiness of all-they report for the consideration of the house two bills, to enable the president to carry into effect the purposes set forth in the message. Mr. Duer then put in his objection. The counsel for the defendant beg leave most respectfully to state that in giving their assent to the position of the judge advocate, that his functions are in a manner judicial, and that he is bound in their Peace-friendly, social, and commercial inter discharge to protect the rights of the accused, they course--and the reciprocation of good offices with are not to be considered as consenting to any depar- all nations, was proclaimed as the fundamental poli ture from established usage in the mode of conduct-cy of this union, from the day and in the instrument ing the prosecution, or to any violation of the known rules of evidence, the observance of which they believe to be essential to the discovery of truth, the due administration of justice, and the preservation of the rights of the navy. JOHN DUER. Whereupon, the court was cleared. with which the North American people, till then English colonists, "assumed among the powers of the earth that separate and equal station to which the laws of nature and of nature's God entitle them." At that time more than one-half the surface of the habitable globe was hermetically sealed up against them, and inaccessable to them. A series of events, all emanating from one beneficent providence, but wonderfully various, and seemingly antagonistical in their original character, have unlocked or burst open the gates of countries ranging from the equator to the pole, in both continents of America, in the cen If I am not to have without exception, the liberty of an examination in the nature of a cross-examina- of the defendant will cause a change in the course tral darkness of Africa, and in the continental islands tion of my own witnesses, in such cases as my judg ment would imply it is necessary for the attainment of truth, let the defendant say so and I shall conduct of the judge advocate, he asked an adjournment until 11 o'clock to-morrow. their cause after the manner of a law officer in or- The court was accordingly adjourned until to-mor- Saturday, Feb. 4. a FOURTH DAY. The court met as usual. After the This is thought by the government to be a case of minutes were read the judge advocate said he had great importance, and it is not unlikely that an asso- communication from two distinguished members of ciate of masterly ability and whose capacity has been the New York bar, which he wished to read to the ennobled by age to command the respect of the whole court. The president demurred to receiving the pacountry, may be sent on as a coadjutor. In con- paper, whereupon the judge advocate said he could sultation thereof of public opinion, I shall not pro- state the substance. It was an application by of Australasia. At that time the Sandwich Islands were yet undis covered by the race of civilized man, and China, from ocean to ocean, had surrounded herself, from ages immemorial, by a wall, within which her population, counting by hundreds of millions, were shut up sullen separation and seclusion from all the rest of mankind. Within one year from the day when the United States were first acknowledged as a nation, the discoverer of the Sandwich Islands (the most illustrious navigator of the eighteenth century) pe rished on their shore by the hands of their savage barbarian inhabitants. It is a subject of cheering contemplation to the concession of superiority has been exacted is signally a marked distinction between the federalists of 1793 friends of human improvement and virtue, that, by exemplified in the following extract from the letter and those of the present day. Those of the former the mild and gentle influence of christian charity, of the consul of the United States to the late secre-times had adhered to the just claims of their country, dispensed by humble missionaries of the gospel, un-tary of state, Mr. Forsyth. After reporting an edict while those of the present day relinquished them.armed with peculiar power, within the last quarter which he had recently received from the imperial Give me, said Mr. B. the federalists of that day with of a century, the people of this group of islands have commissioner and the governor of Canton, and his John Adams at their head, rather than the federalbeen converted from the lowest debasement of idola respectful answer to it, he says: "The reply of whichists of these times with Daniel Webster and John try to the blessings of the christian gospel; united I now send you a copy, was returned by this officer, Tyler at their head, who had clearly yielded what under one balanced government; rallied to the fold of (the kwang-chow-foo,) requesting that I would add had been considered ours under eight prior treaties, civilization by a written language and constitution, an expression of gratitude for all favors bestowed on and sanctioned by sixty years of clear and undisput providing security for the rights of persons, property, me by the great Emperor, and likewise a hope for ed possession. Mr. B. considered the late treaty the and mind, and invested with all the elements of right the continuance of the celestial dynasty's trade with worst that our country had ever made. It was made and power which can entitle them to be acknowledg- my nation, placing the celestial dynasty about an by the same men who in 1812 opposed the efforts ed by their brethren of the human race as a separate inch higher on the paper than my nation, thereby made to carry on the war of that period with honor and independent community. To the consummation admitting their superiority." and credit to our country. He wished to know the of their acknowledgment, the people of the North American union are urged by an interest of their own, this demand; but the fact of its being made, proves mense concessions. Mr. B. cared not for circumMr. Snow very properly declined to comply with circumstances under which he had made his imdeeper than that of any other portion of the inhabit-how tenaciously the Chinese officers then adhered to stances. If the Oregon belongs to us, as it is adants of the earth-by a virtual right of conquest, not their pretension, and to what minuteness of mere mitted it does, he is for asserting immediately our over the freedom of their brother man by the brutal formalities it was extended. possession. He insisted that time, which had been arm of physical power, but over the mind and heart by the celestial panoply of the gospel of peace and so much relied on to effect things in our favor, had love. the mere asking of a variation of the line of boundaan opposite tendency. It was time that had ripened like manner, that would advance the claim to the ry into a territorial claim, and it would be time in northwest territory. In speaking of this subject twenty years ago, he had said that time was all we had to fear, and if we had then asserted our rights, said that the present session was too short to show we should not now have had the present trouble. He The committee on foreign affairs, believing the expenses which may occur in the process of its ac- Nor is the new opening to friendly, social and commercial intercourse with the people of the Chinese Empire less auspicious to the hopes of the philantropist, and to the anticipations of the philosophical wellwisher to the progressive improvement of the condition of mankind upon earth. The immense extent of territory, and almost numberless multitudes of men dwelling upon it, to which this new access has been or more specially to limit the amount of contingent the sacrilegious violation there had been of our terobtained, confer upon it an importance far transcending that of the accession to the assembly of nations of a few solitary islands, scarcely perceptible on the face of the Pacific ocean; but right and wrong are dependent, not upon the extent of surface over which they spread, or upon the numbers of human beings over whom they may rule, but upon principles of eternal justice transcending the bounds of space and time, surrounding the globe, and binding upon the conscience of every living soul upon its face. The access to the heart of the Chinese Empire has also been obtained by conquest, but of far more questionable morality, and in the achievement of which we have taken no part. Its aspect in the eye of justice is yet to be tested by its results. The war declared by Great Britain against China had originated in the refusal of the Chinese government to receive ministers of peace appointed by the British sovereign and by the rejection and expulsion, with insult and indignity, of Lord Napier, a commissioner and plenipoten tiary so appointed. A series of similar outrages, for years, upon other British diplomatic officers, follow ed by the seizure and destruction, upon the compulsive delivery, of several ship loads of opium, the property of British subjects, finally kindled the war, which has very extensively, but erroneously, been attributed to this last incident alone. The law ful object of the war, on the part of Great Britain, was to compel the imperial despot to treat, as the sovereign of a great empire, with the sovereign of another empire not less powerful, of the intercourse, commercial aud political, between their two mighty nations, upon terms of perfect equality and reciproci ty. The conflict was, in root and substance, for equal rights of independent nations, against the insolent aud absurd assumption of despotic supremacy. On this point, the committee forbear to express any opinion. It is understood that one of the stipulations of the treaty of peace recently concluded has secured to the British government the right of treating hereafter with that of China, by accredited commissioners plenipotentiary, upon terms of perfect equality and reciprocity. But as Great Britain was not bound, and perhaps, in strictness, had not the right, to stipulate for the same principle in behalf of other nations, it will naturally follow that, as a compact, it will be obligatory only upon the parties; and the Chinese monarch may coutinue to claim superiority and vassal age in the intercourse of other foreign nations with his dominions, as he has done hitherto. TWENTY SEVENTH CONGRESS OF THE SENATE. FEBRUARY 2. Mr. Smith, of Indiana, presented joint resolutions of the legislature of Indiana in relation to the improvement of the harbor of Michigan city and for the improvement of the Wabash river. Mr. Sturgeon presented a petition from citizens of Pennsylvania, asking that congress will create 200,000,000 of stock, to be divided among the states according to representation. Mr. Porter, from the committee on roads and canals, reported with amendment, the bill making appropriations for the continuation of the Cumberland road in the states of Ohio, Indiana and Illinois. The bill from the house making appropriations for the army of the United States and for the military academy was read a first and second time, and appropriately referred, as were the other bills received from the house. The bill to prevent the employment of private expresses upon mail routes, and for the prevention of frauds upon the revenues of the post office department was taken up, and after a discussion, in which Messrs. Merrick and Huntington participated. Mr. Merrick proposed an amendment defining what "mailable matter" was; which was ordered to be printed, and the bill postponed. The Oregon bill. Being the order of the dey was resumed. ritory under that minister who, gentlemen, thank God and Daniel Webster, had preserved us from war; but if he was spared until the next long nine months' session, he would, if it was the fortieth time, wake the American people up to the wrongs which the country had suffered under the negotiation that had set aside the boundary of sixty years' duration and been maintained under all the prior treaties from 1783 to 1828. As soon as Mr. B. had concluded, Mr. Choate moved a postponement of the question until to-morrow, with a view to reply. On motion the senate adjourned. chairman of the committee on the judiciary, reportFEBRUARY 3. The bankrupt law. Mr. Berrien, ed both senate and house bills for the repeal of the bankrupt law. He moved that the former be indefinitely postponed, and, by instruction of the committee, proposed sundry amendments to the latter. such a change in the law will be manifested-1st, by The report states that the salutary influence of the prevention of undue credit; 2d, by preventing partial assignments: 3d, by substituting one uniform rule; and 4th, by arming the creditor with a power to force a failing debtor to go into liquidation before his assets are wasted by the desperate speculations to which men in such circumstances are tempted. The following reasons are given for continuing the law: bankrupt law have been extended to a portion of our fellow citizens, while its sudden repeal would be a denial of equal justice to many others whose claims are not less strong, and who have been prevented from availing themselves of them, or restrained by motives which ought to command our respect. 1st. In the consideration that the benefits of the 2d. That by the decision of the question in relation to the constitutionality of the law in one of the states of the union have been in effect deprived of all courts of the United States the citizens of one of the the benefits of this law, while those of the other states have had the enjoyment of them. Mr. Benton continued the debate. The main question is, is our title just? Mr. B. has heard no dissenting voice to the justice of our title. The next right being clearly in us) without giving offence to in importance is, can we use our own property, (the other powers. We have been hitherto unmindful of most pacifically disposed towards us, and yet this our rights. Gentlemen said that Great Britain was 3d. That a bankrupt law is but the exercise of a pacific nation was to go to war with us for maintain-beneficent power which the experience of every ing our own. Other gentlemen said the territory commercial state has ascertained to be necessary. was worth nothing, and yet for a territory worth and which power has been conferred by the constinothing we were to have war. Mr. B. held that the tution on the federal government. question was not whether Great Britain would take offence, but could she do so justly. That was the question which should occupy the minds of senators. Mr. B. made allusion to the stand taken by general 5th. Finally, that such a law extends the protecJackson in the difficulties that had arisen with France; tion of the government to a class of citizens, who But, the spell being once broken, the honor, inte- he had proclaimed that he would ask nothing that though poor and unfortunate, ought not for this rest, aud pride of the Emperor will all be prompted was not right, and submit to nothing that was wrong. cause, to be beyond the pale of its protection. to concede, in peace and amity, to other nations, the The question of right and wrong was all that occu- One of the changes in the bill is the substitution of same equality of access to his government which has pied the mind of that great statesman, and the des-a declaration of solvency according to the act of been extorted from him by British arms. The inter-parity of power had no effect on his mind where 6th William the Fourth. The amendment provides course of these United States with the celestial Em- right was on his side. Mr. B. glanced at the en-that the assignees shall be appointed by a majority pire has hitherto been exclusively commercial; and croachments made by the Hudson Bay company on of the creditors. No recommendation to include corthey have submitted to hold it upon the same terms this territory of Oregon, and showed that it had ex-porations is embodied in the report. 4th. That it will prevent the enactment and operation of "stay laws," some of which have already been passed. in which all the other maritime nations of Chisten- clusive possession, doing the same in the west that Mr. Tallmadge moved the printing of 1,500 extradom have, until this recent conflict, tamely acquiescanother powerful company had done in the east.copies. Mr. King opposed it. The question was ed. Consuls, to reside at Canton, have been appoint- He alluded to the treaty of Ghent, when all that taken, and the printing was ordered by a vote of 16 ed, from time to time, from the period of our inde- was asked by the British ministers was a variation to 14. pendent existence; but they have never been permitt- of the line under the treaty of 1783, so as to admit Mr. Benton offered a resolution, as to the payment ed to enter the gates of Canton, nor received or ac- a passage from Halifax to Quebec, but every Ame-of the interest due the Shawnee tribe of Indians unknowledged in any other capacity than as outside rican minister had refused to vary that line, and yet barbarians-vassals to the supreme Lord of the Flo- the British had afterwards set up a territorial claim, wery Land: The humiliating forms in which the which was to be held at all hazards. Mr. B. drew der the law of 1801, which was adopted. Resolved, That the president of the United States Lake of the Woods which a friend had pointed to hes YEAS-Messrs. Archer, Barrow, Bates, Bayard, transmit to the senate copies of any protest or re- notice. The article Mr. C. pronounced as personal, Berrien, Calhoun, Conrad, Choate, Crafts, Crittenmonstrance against the ratification of the British and Mr. C. entered into a statement vindicating him- den, Dayton, Evans, Graham, Huntington, Kerr, treaty upon the right of search, and that all corres- self from the imputations it conveys, and correcting McDuffie, Mangum, Miller, Porter, Simmons, Rives, pondence be furnished in connection with this sub-its falsehood. Tallmadge, Sprague, Woodbridge-24. ject. The resolution lies over for one day. Oregon bill. Mr. Choate was entitled to the floor, and addressed the senate in reference to the merits Oregon bill. Mr. Archer who had voted for the passage of the Oregon bill moved a reconsideration After discussion with Mr. Linn, by general consent it is determined that the question will of the vote. be taken to-morrow at one o'clock. of a single branch of the subject, the identity of Mr. Benton rejoined, and maintained again his positions against Mr. Webster and the treaty. In concluding his remarks, he pronounced Mr. Webster British in his feelings, and in his actions, and said that the British feeling which was manifested by Mr. W. during the last war had been incorporated in his British treaty. Pennsylvania avenue. Mr. Miller moved to take up the bili for repairing and repaving the Pennsylvania avenue; which motion having been agreed to, and the amendment of the committee concurred in. the bill was ordered to be engrossed for a third reading. Mail routes. The senate then proceeded to the consideration of the bill to prevent the employment of private expresses upon mail routes, and for the prevention of frauds upon the revenues of the post office department; when, after a debate in which Messrs. Merrick, Porter, Miller, Conrad, Choate, Simmons, and others participated, the senate adjourned without taking any question. NAYS-Messrs. Allen, Bagby, Barrow, Buchan- Post routes. The bill relating to the transmission of letters and newspapers by private expresses was then taken up. The question being taken, newspapers were forbidden to be transmitted by private expresses by a vote of 27 to 11, and letters and printed matter, by a vote of 24 to 12. The senate adjourned. FEBRUARY 8. Mr. Erans submitted the following as an amendment to the resolutions proposed on yesterday by the senator from S. Carolina (Mr. MeDuffie), which were read and ordered to be printed. Resolved, That among the cases which have contributed most efficiently to the depression of the foregn and domestic commerce of the country, and to the consequent impoverishment of the national treasury, and which have thus rendered a resort to loans inevitable, is the want of a currency of uniform value in all parts of the United States, commanding the confidence of the people: and no measure designed to revive commerce, replenish the treasury, and arrest the further accumulation of the public debt, will be complete or adequate to the accomplishment of these objects which fails to supply this want. Resolved, That another of the prominent causes of the present prostrated condition of the business of the country and of the public finances, and which has largely impaired American character and credit, the chief clerk of the department of state to frank to provide for the regular payment of the interest on FEBRUARY 7. A bill from the house authorising obloquy, is the failure of so many states of the union and exposed republican institutions to reproach and the public documents sent from that department, so their public debts, and especially the favor and counas to obviate the accumulation of labor on the se- tenance which have been given to some extent, in cretary thereof, was read a third time and passed. some portions of the country, to the alarming and Report of the commissioner of patents. Mr. Simmons destructive doctrine that these debts are not binding from the printing committee made a report in favor upon the people of the states which have created of printing the annual report. Mr. Kerr then mov- them, but may be annulled and repudiated at their ed to print 1,000 extra copies. Last year 3,000 ex-discretion. Mr. Conrad renewed the motion to refer the bill tra had been ordered. Mr. Calhoun opposed the moto the committee on foreign relations, on which ques-missioner had to travel beyond the duties of the pation. Mr. C. knew no authority by which the comtion the yeas and nays were demanded, and resulted as follows: The debate was continued by Messrs. Woodbridge, Choate, Benton and others. Mr. Archer withdrew his motion to refer the bill to a select committee, and the vote on engrossment was reconsidered. YEAS-Messrs. Archer, Bagby, Barrow, Bates, Bayard, Berrien, Calhoun, Choate, Conrad, Crafts, Dayton, Evans, Graham, Huntingdon, Linn, Miller, Porter, Rives, Simmons, Sprague, Tallmadge, Woodbridge-22. NAYS-Messrs. Allen, Benton. Buchanan, Clayton, Fulton, Henderson, King, McDuffie, McRoberts, Mangum, Merrick, Phelps, Sevier, Smith, of Conn. Smith of Ind Sturgeon, Tappan, Walker, White, Wilcox. Williams, Woodbury, Wright, Young-24. A motion was then made to strike out the clause relating to the land bounty, on which the question was taken by yeas and nays, and decided in the negative as follows: YEAS-Messrs. Archer, Bagby, Barrow, Bates, Bayard, Berrien, Calhoun, Choate, Conrad, Crafts, Dayton, Evans, Graham, Huntington, McDuffie, Miller, Porter, Rives, Simmons, Sprague, Tallmadge, Woodbridge-22. tent office and introduce agricultural and other mat- not counted. 1. Resolved, That it is the solemn and urgent duty of the present congress to adopt without delay ef ficient measures to revive the crippled and decayed commerce, replenish the impoverished exchequer, and avert the alarming accumulation of the public debt of the United States. United States of the debts of the individual states, it tend to adopt any measures for the payment by the Resolved, That while this congress does not innevertheless deems it proper, in view of the disastrous consequences to the national character and credit, and to the institutions of republican government, of the failure of the states to fulfil their obligations, and of the principles which have been as to declare that the debts of the same states, created serted that these obligations are not binding on them, obligatory and binding upon said states, and cannot by the legislative authority thereof respectively, are be by them annulled or repudiated, and that it is the solemn and urgent duty of the people of said states to resort to the most efficient means in their power for the preservation of their faith and the fulfilment of their obligations. 2. Resolved, That a modification of the existing tariff on foreign imports, such as will render it strict- constitutional and proper means in its power, by the Resolved, That it is the duty of congress, by every ly and in good faith a mere revenue measure, is in- adoption of measures to restore and preserve a curdispensable to the accomplishment of these objects: rency of uniform value throughout the U. States, and that the recent measures of the British parlia- by the collection and disbursement of the public re ment partially adopting the principles of free trade; venue, and the regulation and administration of the NAYS Messrs. Allen, Benton, Buchanan, Clay- the public indications of a disposition on the part of public finances in such way as shall be least burdenton, Fulton, Henderson, King, Linn, McRoberts, the present ministry to extend these principles still some to the peopie and most conducive to the revival Mangum, Merrick, Phelps,, Sevier, Smith, of Conn. further; and the probability of the speedy organization of trade and commerce, as shall secure the wages of Smith, of Ind. Sturgeon, Tappan, Walker, White, of an extensive system of smuggling on the long line labor from fluctuation and depression, as shall give Wilcox, Williams, Woodbury, Wright, Young-24. of our frontier, furnish pressing motives to congress security and steadiness to the industry of the country, for acting on the subject during the present session. to render every practicable aid and encouragement economy and accountability, such as will bring the meet their engagements and to discharge the obliga3. Resolved, That a rigid system of retrenchment, to the people of the several states in their efforts to government, is not less indispensable; and that while annual expenditures within the annual income of the tions into which they have entered. this is rendered necessary by the deplorable state of the public finances, it is rendered just and not in jurious to the public service by the great reduction of the currency and consequent appreciation of the value of money. The question was then taken on ordering the bill be engrossed for a third reading, and decided in the affirmative, as follows: YEAS-Messrs. Allen, Benton, Buchanan, Clayton, Fulton, Henderson, King, Linn, McRoberts, Mangum, Merrick, Phelps, Sevier, Smith, of Conn. Smith, of Ind. Sturgeon, Tappan, Walker, White, Wilcox, Williams, Woodbury, Wright, Young-24. NAYS-Messrs. Archer, Bagby, Barrow, Bates, Bayard, Berrien, Calhoun, Choate, Conrad, Crafts, Dayton, Evans, Graham, Huntington, McDuffie, Mil ler, Porter, Rives, Simmons, Sprague, Tallmadge, Woodbridge-22. presented a memorial from numerous merchants of Mail across the isthmus of Panama. Mr. Buchanan the city of Philadelphia, asking the establishment of a line of packets to Chagres, and an overland mail to Panama. Referred. Washington and Franklin. A message was receivQuintuple treaty. The resolution submitted on the ed from the house, announcing the passage of a 3d instant, calling for the correspondence and re-joint resolution in relation to the presentation of the monstrance of general Cass in relation to the quin- sword of general Washington and the staff of Benj. The bill was then read a third time and passed.-pule treaty and the late treaty with Great Britain, Franklin; which resolution having been read, Mr. [Mr. Archer voting for its passage.] coming up; Mr. Archer desired a day for considera- Archer arose and addressed the senate, and concludtion, and it was laid over till to-morrow. ed by submitting a resolution which was unanimously adopted and the senate adjourned to the 9th.[These proceedings will appear in our next.] The exchequer. Mr. Tallmadge gave notice that he should, on Monday next, call up the bill amendatory of the several acts establishing the treasury depart ment. The senate then adjourned to Monday the 6th. United States courts. The bill altering the place of holding the United States courts in New Jersey; and the bill changing the time of holding them in Connecticut were read a third time and passed. FEBRUARY 6. Mr. Choate arose and called attention Oregon bill. The question on the motion of Mr. to an editorial paragraph in the Globe of Friday even-Archer to reconsider the vote passing the Oregon bill ing last in reference to Mr. C's adducing a Mitchell's coming up at one o'clock, was taken and decided as mip on the boundary between Lake Superior and follows: HOUSE OF REPRESENTATIVES. calling for information from the president offered by THURSDAY, FEB. 2. Monterey. The resolutions Mr. Adams on the day before yesterday, were on his motion taken up and by a vote of 118 to 69, adopted. Claims for old French spoliations assumed by the U. States. Mr. Cushing's proposed resolution to limit debate thereon, was taken up and the house determined that the question should not now be taken, yeas 94, nays 100. Territorial business. The house went into committee, and the "bill for the construction of certain roads and canal routes in the territory of Iowa," was taken up; and an amendment was pending to substitute for the bill an appropriation of $50,000 to continue the removal of the obstructions to the navigation of the Mississippi river, at the Des Moines and Rock river rapids. It gave rise to a debate; at the conclusion of which Mr. Dodge withdrew the amendment, which was subsequently renewed by Mr. Underwood, and adopt ed, and the bill laid aside to be reported to the house. The bill relative to the expenses of the legislative assembly of Wiskonsan, was then taken up. Mr. Pope explained the grounds of the bill. The legislature of the territory had assembled on the first Monday of December last, and after sitting for a short time had adjourned. The governor of the territory, believing them to have met without due authority of law, had refused to act with them, in consequence of which they had adjourned. According to the territorial law, they could not meet again till next December; but this bill was to provide for their holding a session in April next, the opinion of the governor notwithstanding. A perplexed and desultory debate ensued in which the controversy between the legislature and Gov. Doty, and the charges against the latter of being a defaulter, &c. came up, and the legality or illegality of the proceedings of the two departments, executive and legislative, of Wiskonsan were somewhat treated of. The committee seemed unprepared to act on the bill so as to sanction or condemn either the one or the other, and finally rose, and The house adjourned. day of January and ending the 30th day of June, The following item being under consideration: Mr. Meriwether offered the following amendment: Mr. Meriwether said that in 1835, the pay of naval officers had been increased, and was now enormous beyond just comparison with all other services or occupation. Some of the officers had their pay increased something like 75 per cent above what it was before that act. Prior to 1835, the commanding officer received $2,660 (viz: 16 rations per day, and $100 per month.) The same officer now received $4,500. The pay of a captain commanding a squadron had been increased from $1,186 to $2,500 when at sea, $2,100 when on shore, and $1 800 when on leave; that the present pay of a lieutenant when waiting orders was nearly $400 more than when in command prior to 1835; and that a similar increase had been made in other grades. Now this increase of pay had been the source of the disorders in the navy, and of inducing those who wished to live without labor to endeavor to get in here. Mr. M. referred as a consequence of this to the great increase since 1824, of the number of captains and commanders waiting orders-the amount of pay of officers waiting orders and rendering no FRIDAY, FEB. 3. Retrenchment. Mr. Cave John-000. This had been the effect of this increase of service in 1824 being $112,000, and in 1843, $395,son, of Tennessee, submitted a resolution, that a select committee be appointed to inquire whether the pay. We had got an army and a navy overgrown, and hundreds of persons lying idle and receiving measures agreed upon at the last session, for reduc- large sums of money. They were asked this year ing the expenditures of the house in various ways, to appropriate for the pay of the navy of the Unityear. These facts cried out loudly that they should ed States $900,000 more than was appropriated last take some measures for the purpose of curtailing the expenses of the navy. had been carried into effect. Adopted. Mr. Fillmore moved that the civil and diplomatic bill be re-committed to the committee on ways and means, with instructions to report another bill in lieu of it. Mr. Underwood, from the committee on the Dis- into a general view of the appropriations asked for Mr. M. did not desire on this simple motion to go trict of Columbia, reported a bill amending the char- the navy in this bill. But they had seen this little ter of the town of Alexandria, in respect to the election navy springing up in four or five years from an exof mayor of that town. Mr. U. said it was the same subject which created so much feeling and dis-penditure of $4,000,000 to one of nearly $8,000,000, cussion last session, and he desired only to say, that of the United States to support the navy during the a sum absolutely more than it cost the government the present bill was precisely such a one as the citi- late war with Great Britain; and out of that amount zens of that place wished, and had asked for. With nearly $3,000,000 was for the purpose of paying the this explanation, he called for the reading of the bill officers and seamen of the navy. Now, if they were on its passage, and moved the previous question. to go on in this way, enlarging year after year the pay of officers doing nothing, which now amounted to nearly $400,000, let the country know what it was to rely on. Mr. Cave Johnson objected to the passage of the bill, as not extending sufficiently the right of suffrage, and moved to lay it on the table. The yeas and nays were ordered on this motion, and were, ayes 51; nays 127. The bill was then read a third time, and passed. Mr. C. J. Ingersoll, from committee on judiciary, reported a bill to abolish public executions in capital cases. Laid on the table and ordered to be printed. A resolution was submitted that the committee on naval affairs be instructed to inquire into the expediency of granting pensions to the widows of those officers of the United States frigate Hornet who were lost in the Gulf of Mexico. Adopted. He asked this committee, with all these facts before them, to lay the axe at the root of this evil; let them cut it down at once; let them reduce the pay of the officers of the navy, and thereby make it a place which would not be sought for so much, and as a consequence all the arguments now brought forward for increasing the navy would be removed, and this branch of the public service be reduced to its proper footing. t cers and men in service. After a deliberate examination of all the facts of the case, they determined that they would abolish all extra pay, all forms of compensation that would lead to difficulty and perplexity in casting up the pay of navy officers, and that from that time they would pay all alike without imputation on their character. Mr. W. referred to the fact that, previous to the passage of that act, the pay of the officers of the navy was the same whether they were on duty, waiting orders, or on leave, and that by that act their pay had been graduated according to their different circumstances, and said this should be taken into consideration when calculating the comparative pay of the two times. Upon the whole, the congress of 1835 did probably increase the pay of these officers: to make that pay honorable, they defined and described the exact compensation that they should receive, whether on duty, off duty, waiting orders, &c., and went on the main principle that the establishment of the navy on a permanent footing was all essential; that it was better to keep the officers on pay than to keep up a large materiel of the navy. Mr. W. thought a horizontal reduction of 20 per cent. would put the pay in a worse position than previous to 1835. That act did not increase the pay of them all 20 per cent. We have now $7,000,000, worth timber on hand. Why, does the gentleman not retrench rather his half a million from this item? Our merchant captains are not qualified to take command of a ship of war, it required a military training to qualify them. Mr. W. concluded by taking a survey of American commerce exposed, and the little protection extended over it. This amendment aims the heaviest blow against the navy, and Mr. W. protests against it. Mr. McKeon offered the following as an amendment to the amendment: Provided, That no part of the moneys hereby appropriated shall be expended in "preparing, equipping, or maintaining" any naval force under the eighth article of the treaty between the U. States of August 9, 1842. America and Great Britain, made at Washington, The chair ruled it to be out of order. Mr. Proffitt then arose, but yielded to a motion that the committee rise. The motion prevailing, the committee rose and reported progress, and the house adjourned. Cave Johnson said he might remark that the course Mr. Wise protested against this amendment. Mr. French spoliations. The resolution on this subject, been given in 1835, after memorials had come in W. referred to the thorough investigation that had reported by the committee on foreign affairs, appoint- from all quarters, urging congress against their negMr. Wise (Mr. J. yielding for explanation) said ing a day when debate on the question should cease; lect of the navy and naval pay. He recalled the the gentleman admitted that, prior to 1835, the capwhich resolution the house has refused several times to lay on the table, and at the same time has refused fact of the subject having been referred to two dis- tains received about $2.500, and that off as well as tinct committees, and two distinct bills being report- on duty. Now take a period of two years, (and to order the main question upon it-came up as parted; to the information obtained at that time as to none of them were more than half the time on serof the unfinished business of the morning hour. Mr. Atherton moved to lay the resolution on the the cost of living at different stations, abroad and at vice), they would receive for this time, prior to 1835, table. Carried by yeas 97, nays 93. home, and as to the comparative expenses of the dif- $5.000. Now all the senior captains and commandCivil and diplomatic appropriation bill. On motion ferent officers, and said that one leading considera- ers of squadrons received was, $3,500 on duty and tion which controlled the congress of 1835, and $2,500 off duty, making their salary for the same of Mr. Fillmore, the house resolved itself into com- which never ought to be forgotten by any nian who time, under the law of 1835, $6,000; so that a 20 per mittee of the whole on the state of the Union, Mr. had any regard for the navy of the United States, cent. reduction would bring them back to what they Saunders, of N. C. in the chair, and took up the above mentioned bill, which was read, reported to the was, that it was very easy to build ships, naval arse- were prior to 1835. The increase under the act of house without amendment, and passed. nals, and dockyards, but it was very difficult thing 1835 would not amount, at most, to over 22 per indeed to have first-rate officers to man those yards cent. instead of 100 per cent. He might observe The remainder of the sitting was devoted to pri- and ships. We might build a ship in the emergen- that the pay of the British flag officers on sea service vate bills, after which the house adjourned. cy of war in sixty days, as, he believed, Perry's on the Mediterranean station was £2,555 sterling, or SATURDAY, FEB. 4. The bill to settle claims for sup-feet was actually built in less than three months; $12,775, and that of a French rear admiral (corresplies furnished to Florida militia, was taken up, but it took years to qualify the officers to man them. ponding exactly with our senior captains, or captain amended and passed. That congress determined that it should be the poli- commanding a squadron) at sea was $8,422. Naval appropriation bill. The house went into cy of this government, whether the naval service committee (Mr. Allen, of Maine, in the chair,) and was increased or not, to put the corps of officers on took up "a bill making appropriations for the naval the very best footing, in order that, under all emerservice for the half calendar year beginning the 1st gencies, we might have the best description of offi Mr. Johnson said he hardly thought the chairman of the committee on naval affairs would think we ought to pay our captains as much as the captains in the British or French service. |