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of the Senate, that body virtually affirmed the impeachment character of the condemnatory resolutions, and involved itself in the predicament of voting an impeachable matter without observing a single rule for the conduct of impeachments. The protest placed it in a dilemma. It averred the Senate's judgment to be without authority-without any warrant in the constitution—any right in the body to pronounce it. To receive that protest, and enter it on the journal, was to record a strong evidence against themselves; to reject it as a breach of privilege was to claim for their proceeding the immunity of a regular and constitutional act; and as the proceeding was on criminal matter, amounting to a high crime and misdemeanor, on which matter the Senate could only act in its judicial capacity; therefore it had to claim the immunity that would belong to it in that capacity; and assume a violation of privilege. Certainly if the Senate had tried an impeachment in due form, the protest, impeaching its justice, might have been a breach of privilege; but the Senate had no privilege to vote an impeachable matter without a regular impeachment; and therefore it was no breach of privilege to impugn the act which they had no privilege to commit.

CHAPTER CIV.

MR. WEBSTER'S PLAN OF RELIEF.

It has already been seen that Mr. Webster took no direct part in promoting the adoption of the resolutions against General Jackson. He had no private grief to incite him against the President; and, as first drawn up, it would have been impossible for him, honored with the titles of "expounder and defender of the constitution," to have supported the resolve: bearing plainly on its face impeachable matter. After several modifications, he voted for it; but, from the beginning, he had his own plan in view, which was entirely different from an attack on the President; and solely looked to the advantage of the bank, and the relief of the distress, in a practical and parliamentary mode of legislation. He looked to a renewal of the bank charter for a short term, and with such modifiVOL. I.-28

cations as would tend to disarm opposition, and to conciliate favor for it. The term of the renewal was only to be for six years: a length of time well chosen; because, from the shortness of the period, it would have an attraction for all that class of members-always more or less numerous in every assembly-who, in every difficulty, are disposed to temporize and compromise; while, to the bank, in carrying its existence beyond the presidential term of General Jackson, it felt secure in the future acquisition of a full term. Besides the attraction in the short period, Mr. Webster proposed another amelioration, calculated to have serious effect; it was to give up the exclusive or monopoly feature in the charter-leaving to Congress to grant any other charter, in the mean time, to a new company, if it pleased. The objectionable branch bank currency of petty drafts was also given up. Besides this, and as an understanding that the corporation would not attempt to obtain a further existence beyond the six years, the directors were to be at liberty to begin to return the capital to the stockholders at any time within the period of three years, be fore the expiration of the six renewed years The deposits were not to be restored until after the first day of July; and, as an agreeable concession to the enemies of small paper currency, the bank was to issue, or use, no note under the amount of twenty dollars. He had drawn up a bill with these provisions, and asked leave to bring it in; and, asking the leave, made a very plausible business speech in its favor: the best perhaps that could have been devised. In addition to his own weight, and the recommendations in the bill, it was understood to be the preference of Mr. Biddle himself-his own choice of remedies in the difficulties which surrounded his institution. But he met opposition from quarters not to be expected: from Mr. Clay, who went for the full term of twenty years; and Mr. Calhoun, who went for twelve. It was difficult to comprehend why these two gentlemen should wish to procure for the bank more than it asked, and which it was manifestly impossible for it to gain. Mr. Webster's bill was the only one that stood the least chance of getting through the two Houses; and on that point he had private assurances of support from friends of the administration, if all the friends of the bank stood firm. In favoring this charter for

twelve years, Mr. Calhoun felt that an explanation of his conduct was due to the public, as he was well known to have been opposed to the renewed charter, when so vehemently attempted, in 1832; and also against banks generally. His explanation was, that he considered it a currency question, and a question between the national and local banks; and that the renewed charter was to operate against them; and, in winding itself up, was to cease for ever, having first established a safe currency. His frequent expression was, that his plan was to "unbank the banks:" a process not very intelligibly explained at the time, and on which he should be allowed to speak for himself. Some passages are, therefore, given from his speech:

existing distress, it would, at the same time, open to the whole community a fair opportunity of participation in the advantages of the institution, be they what they may.

and a fourth, the use of the State banks, as the agent. I wish, said Mr. C., to leave all these as open questions, to be carefully surveyed and compared with each other, calmly and dispassionately, without prejudice or party feeling; and that to be selected which, on the whole, shall appear to be best-the most safe; the most efficient; the least liable to constitutional objection. It the most prompt in application, and would, however, be wanting in candor on my part, not to declare that my impression is, that a new Bank of the United States, ingrafted upon the old, will be found, under all the circumstances of the case, to combine the greatest advantages, and to be liable to the fewest objections; but this impression is not so firmly fixed as to be inconsistent with a calm review of the conviction of reason, should the result of such whole ground, or to prevent my yielding to the review prove that any other is preferable. Among its peculiar recommendations, may be "After a full survey of the whole subject, I ranked the consideration, that, while it would can see no means of extricating the country afford the means of a prompt and effectual apfrom its present danger, and to arrest its fur-plication for mitigating and finally removing the ther increase, but a bank, the agency of which, in some form, or under some authority, is indispensable. The country has been brought into the present diseased state of the currency by banks, and must be extricated by their agency. We must, in a word, use a bank to unbank the banks, to the extent that may be necessary to restore a safe and stable currency-just as we apply snow to a frozen limb, in order to restore vitality and circulation, or hold up a burn to the flame to extract the inflammation. All must see that it is impossible to suppress the banking system at once. It must continue for a time. Its greatest enemies, and the advocates of an exclusive specie circulation, must make it a part of their system to tolerate the banks for a longer or a shorter period. To suppress them at once, would, if it were possible, work a greater revolution: a greater change in the relative condition of the various classes of the community than would the conquest of the country by a savage enemy. What, then, must be done? I answer, a new and safe system must gradually grow up under, and replace, the old; imitating, in this respect, the beautiful process which we sometimes see, of a wounded or diseased part in a living organic body, gradually superseded by the healing process of nature.

"How is this to be effected? How is a bank to be used as the means of correcting the excess of the banking system? And what bank is to be selected as the agent to effect this salutary change? I know, said Mr. C., that a diversity of opinion will be found to exist, as to the agent to be selected, among those who agree on every other point, and who, in particular, agree on the necessity of using some bank as the means of effecting the object intended; one preferring a simple recharter of the existing bank-another, the charter of a new bank of the United States —a third, a new bank ingrafted upon the old

"Let us then suppose (in order to illustrate and not to indicate a perference) that the present bank be selected as the agent to effect the intended object. What provisions will be necessary? I will suggest those that have occurred to me, mainly, however, with a view of exciting the reflection of those much more familiar with banking operations than myself, and who, of course, are more competent to form a correct judgment on their practical effect.

"Let, then, the bank charter be renewed for twelve years after the expiration of the present term, with such modifications and limitations as may be judged proper, and that after that period, it shall issue no notes under ten dollars; that government shall not receive in its dues any sum less than ten dollars, except in the legal coins of the United States; that it shall not receive in its dues the notes of any bank that issues notes of a denomination less than five dollars; and that the United States Bank shall not receive in payment, or on deposit, the notes of any bank whose notes are not receivable in dues of the government; nor the notes of any bank which may receive the notes of any bank whose notes are not receivable by the government. At the expiration of six years from the commencement of the renewed charter, let the bank be prohibited from issuing any note under twenty dollars, and let no sum under that amount be received in the dues of the government, except in specie; and let the value of gold be raised at least equal to that of silver, to take effect immediately, so that the country may be replenished with the coin, the lightest and the most portable in proportion to its value, to take the place of the receding bank notes.

It is unnecessary for me to state, that at present, the standard value of gold is several per cent. less than that of silver, the necessary effect of which has been to expel gold entirely from our circulation, and thus to deprive us of a coin so well calculated for the circulation of

a country so great in extent, and having so vast an intercourse, commercial, social, and political, between all its parts, as ours. As an additional recommendation to raise its relative value, gold has, of late, become an important product of three considerable States of the Union, Virginia, North Carolina, and Georgia-to the industry of which, the measure proposed would give a strong impulse, and which in turn would greatly increase the quantity produced.

President), Mr. Calhoun appealed to Mr. Silas Wright and myself and other friends of the administration, to support his plan. He said:

"If I understand their views, as expressed by the senator from Missouri, behind me (Mr. Benton)-the senator from New-York (Mr. Wright); and other distinguished members of the party, and the views of the President, as expressed in reported conversations, I see not how they can reject the measure (to wit: his plan). They profess to be the advocates of a metallic currency. I propose to restore it by the most effectual measures that can be devised; gradually and slowly, and to the extent that experience may show that it can be done consistently with due regard to the public interest. Further, no one can desire to go."

"Such are the means which have occurred to me. There are members of this body far more competent to judge of their practical operation than myself, and as my object is simply to suggest them for their reflection, and for that of The reference here made by Mr. Calhoun to others who are more familiar with this part of the views of the senator from Missouri was to the subject, I will not at present enter into an inquiry as to their efficiency, with a view of conversations held between them; in which determining whether they are fully adequate each freely communicated his own plan. Mr. to effect the object in view or not. There are Benton had not then brought forward his prodoubtless others of a similar description, and position for the revival of the gold currency; perhaps more efficacious, that may occur to the experienced, which I would freely embrace, as but did so, (in a speech which he had studied), my object is to adopt the best and most effi- the moment Mr. Calhoun concluded. That was cient. And it may be hoped that, if on expe- a thing understood between them. Mr. Calrience it should be found that neither these pro-houn had signified his wish to speak first; to visions nor any other in the power of Congress, which Mr. Benton readily assented: and both are fully adequate to effect the important reform which I have proposed, the co-operation took the opportunity presented by Mr. Webof the States may be afforded, at least to the ster's motion, and the presentation of his plan, extent of suppressing the circulation of notes to present their own respectively. Mr. Bentor under five dollars, where such are permitted to be issued under their authority." presented his the moment Mr. Calhoun sat down, in a much considered speech, which will be given in the next chapter; and which was the first of his formal speeches in favor of reviving the gold currency. In the mean time, Mr. Webster's plan lingered on the motion for leave to bring in his bill. That leave was not granted. Things took a strange turn. The friends of the bank refused in a body to give Mr. Webster the leave asked: the enemies of the bank were in favor of giving him the leavechiefly, perhaps, because his friends refused it. In this state of contrariety among his friends, Mr. Webster moved to lay his own motion on the table; and Mr. Forsyth, to show that this balk came from his own side of the chamber, asked the yeas and nays; which were granted and were as follows:

The ultimate object proposed to be accomplished by Mr. Calhoun in this process of "unbanking the banks," was to arrive eventually, and by slow degrees, at a metallic currency, and the revival of gold. This had been my object, and so declared in the Senate, from the time of the first opposition to the United States Bank. He had talked his plan over to myself and others: we had talked over ours to him. There was a point at which we all agreed-the restoration of a metallic currency; but differed about the means -he expecting to attain it slowly and eventually, through the process which he mentioned; and we immediately, through the revival of the gold currency, the extinction of the Bank of the United States, the establishment of an independent treasury, and the exclusion of all paper money from the federal receipts and payments. Laying hold of the point on which we agreed, (and which was also the known policy of the

"YEAS.-Messrs Black, Calhoun, Clay, Clayton, Ewing, Frelinghuysen, Hendricks, King of Georgia, Mangum, Moore, Naudain, Poindex ter, Porter, Prentiss, Preston, Robbins, Sils

bee, Smith, Southard, Sprague, Swift, Tomlinson, Waggaman, Webster.

"NAYS-Messrs. Benton, Brown, Forsyth, Grundy, Hill, Kane, King of Alabama, Morris, Robinson, Shepley, Tallmadge, Tipton, White, Wilkins, Wright."

The excuse for the movement-for this un

CHAPTER CV.

REVIVAL OF THE GOLD CURRENCY-MR. BEN-
TON'S SPEECH.

early statute of Congress which interprets the recollection which refers to them, go hand in meaning of these clauses-and every historic hand, in giving to that instrument the meaning which this proposition ascribes to it. The power granted to Congress to coin money is an authority to stamp metallic money, and is not an authority for emitting slips of paper containing promises to pay money. The authority granted to Congress to regulate the value of coin, is an authority to regulate the value of the money, not of paper. The prohibition

metallic

expected termination to Mr. Webster's motion —was that the Senate might proceed with Mr. Clay's resolution against General Jackson, and come to a conclusion upon it. It was now time for that conclusion. It was near the last of March, and the Virginia elections came on in April : but the real cause for Mr. Webster's motion upon the States against making any thing but was the settled opposition of his political friends gold and silver a legal tender, is a moral proto his plan; and that was proved by its subse-hibition, founded in virtue and honesty, and is quent fate. In his motion to lay his application just as binding upon the federal government as on the table, he treated it as a temporary dis- upon the State governments; and that without position of it—the application to be renewed a written prohibition; for the difference in the nature of the two governments is such, that the at some future time: which it never was. States may do all things which they are not forbid to do; and the federal government can do nothing which it is not authorized by the constitution to do. The power to punish the crime of counterfeiting is limited to the current coin of the United States, and to the securities of the United States; and cannot be extended to the offence of forging paper money, but by that unjustifiable power of construction which founds an implication upon an implication, and hangs one implied power upon another. The word currency is not in the constitution, nor any word which can be made to cover a circulation of bank notes. Gold and silver is the only thing recognized for money. It is the money, and the only money, of the constitution; and every historic recollection, as well as every phrase in the constitution, and every early statute on the subject of money, confirms that idea. People were sick of paper money about the time that this constitution was formed. The Congress of the confederation, in the time of the Revolution, had issued a currency of paper money. It had run the full career of that currency. The wreck of two hundred millions of paper dollars lay upon the land. The framers of that constitution worked in the midst of that wreck. They saw the havoc which paper money had made upon the fortunes of individuals, and the morals of the public. They determined to have no more federal paper money. They created a hard money government; they intended the new government to recognize no

MR. BENTON said it was now six years since he had begun to oppose the renewal of the charter of this bank, but he had not, until the present moment, found a suitable occasion for showing the people the kind of currency which they were entitled to possess, and probably would possess, on the dissolution of the Bank of the United States. This was a view of the subject which many wished to see, and which he felt bound to give; and which he should proceed to present, with all the brevity and perspicuity of which he was master.

1. In the first place, he was one of those who believed that the government of the United States was intended to be a hard money government: that it was the intention, and the declaration of the constitution of the United States, that the federal currency should consist of gold and silver; and that there is no power in Congress to issue, or to authorize any company of individuals to issue, any species of federal paper currency whatsoever.

Every clause in the constitution, said Mr. B., which bears upon the subject of money-every

thing for money but gold and silver; and every word admitted into the constitution, upon the subject of money, defines and establishes that sacred intention.

ment did not receive the sanction of general approbation; and of all his political tenets, his attachment to the paper system was most strongly opposed at the time, and has produced the most lasting and deplorable results upon the country. In the year 1791, this great man, then Secretary of the Treasury, brought forward his celebrated plan for the support of public credit-that plan which unfolded the entire scheme of the paper system, and immediately developed the great political line between the federalists and the republicans. The establishment of a national bank was the leading and predominant feature of that plan; and the original report of the Secretary, in favor of establishing the bank, contained this fatal and deplorable recommendation:

Legislative enactment, continued Mr. B., came quickly to the aid of constitutional intention and historic recollection. The fifth statute passed at the first session of the first Congress that ever sat under the present constitution, was full and explicit on this head. It defined the kind of money which the federal treasury should receive. The enactments of the statute are remarkable for their brevity and comprehension, as well as for their clear interpretation of the constitution ; and deserve to be repeated and remembered. They are: That the fees and duties payable to the federal government shall be received in gold and silver coin only; the "The bills and notes of the bank, originally gold coins of France, Spain, Portugal, and Eng-made payable, or which shall have become payland, and all other gold coins of equal fineness, able, on demand, in gold and silver coin, shall at eighty-nine cents for every pennyweight; be receivable in all payments to the United the Mexican dollar at one hundred cents; the States." crown of France at one hundred and eleven cents; and all other silver coins of equal fineness, at one hundred and eleven cents per ounce. This statute was passed the 30th day of July, 1789-just one month after Congress had commenced the work of legislation. It shows the sense of the Congress composed of the men, in great part, who had framed the constitution, and who, by using the word only, clearly expressed their intention that gold and silver alone was to constitute the currency of the new government.

In support of this construction of the constition, Mr. B. referred to the phrase so often used by our most aged and eminent statesmen, that this was intended to be a hard money government. Yes, said Mr. B., the framers of the constitution were hard money men; but the chief expounder and executor of that constitution was not a hard money man, but a paper system man! a man devoted to the paper system of England, with all the firmness of conviction, and all the fervor of enthusiasm. God forbid, said Mr. B., that I should do injustice to Gen. Hamilton-that I should say, or insinuate, aught to derogate from the just fame of that great man! He has many titles to the gratitude and admiration of his countrymen, and the heart could not be American which could dishonor or disparage his memory. But his ideas of govern

This fatal recommendation became a clause in the charter of the bank. It was transferred from the report of the Secretary to the pages of the statute book; and from that moment the moneyed character of the federal government stood changed and reversed. Federal bank notes took the place of hard money; and the whole edifice of the new government slid, at once, from the solid rock of gold and silver money, on which its framers had placed it, into the troubled and tempestuous ocean of a paper currency.

Mr. B. said it was no answer to this most serious charge of having changed the moneyed character of the federal government, and of the whole Union, to say that the notes of the Bank of the United States are not made a legal tender between man and man. There was no necessity, he said, for a statute law to that effect; it was sufficient that they were made a legal tender to the federal government; the law of necessity, far superior to that of the statute book, would do the rest. A law of tender was not necessary; a forced, incidental tender, resulted as an inevitable consequence from the credit and circulation which the federal government gave them. Whatever was received at the custom-houses, at the land-offices, at the post-offices, at the marshals' and district attorneys' offices, and in all the various dues to the federal government, must be received and will be received by the people. It

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