Phenix Gazette

CONGRESS.
In the Senate on Friday, Mr. Benton rose to ask leave to introduce the following resolution, of which he had given notice some days ago, viz:
A Joint Resolution declaratory of the meaning of the Charter of the Bank of the United States on the subject of the paper currency to be issued by the Bank.
Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the paper currency, in the form of orders, drawn by the presidents of the offices of discount and deposite, on the cashier of the Bank of the United States is not authorized by anything contained in the charter, and that the said currency is and is hereby declared to be, illegal; and that the same ought to be suppressed.
Mr. Benton prefaced his motion for leave with a speech of about two hours length, to show the illegality of the notes or orders, of the Bank referred to in his resolution; and the opinion in favor of their legality which had recently been delivered in the Circuit Court of the Eastern District of Pennsylvania, (by Judge Baldwin) was extra judicial; and erroneous; and that the Senate ought to pass the declaratory resolution which he had proposed to introduce.
Mr. Dallas followed in reply to Mr. Benton, and argued at some length to shew that the opinion of the Judge referred to, was but an act of unavoidable duty, and was correct; that the issue of this particular description of notes or orders was authorized by the charter of the Bank; and that supposing them illegal, neither the Senate nor Congress, was the body to judge of the legality of the matter; because, as the charter had been granted to the corporation, and granted for a valuable consideration, it was not for Congress to decide on the rights which it had vested in the corporation of the Bank, but the Judiciary. He objected likewise to the propriety of introducing a resolution condemnatory of the government of the Bank, while the whole proceedings and management of the institution were yet before a Committee of the Senate, to which they had been committed for investigation, on the invitation of the Bank, by its petition for a renewal of its charter.
Messrs. Buckner, Chambers, Webster, Wilkins, Clayton, Bibb, and King also opposed the resolution, and Messrs. Tyler, Forsyth, Miller, Marcy and Kane, spoke in its favor.
Finally, between 4 and 5 o'clock, the question was taken on granting leave to introduce the resolution, and it was decided in the negative, by the following vote:
YEAS.—Messrs. Benton, Dudley, Ellis, Forsyth, Grundy, Hayne, Hill, Kane, Mangum, Marcy, Miller, Moore, Tazewell, Troup, Tyler, White—15.
NAYS—Messrs. Bell, Bibb, Buckner, Chambers, Clayton, Ewing, Foot, Frelinghuysen, Hendricks, Dallas, Holmes, Johnson, King, Knight, Naudain, Prentiss, Robinson, Seymour, Silsbee, Smith, Tipton, Tomlinson, Webster, Wilkins—25.
So the leave was refused, and then the Senate adjourned to Monday.