Republican Herald

FRIDAY AFTERNOON, OCT. 31
3 o'clock, P. M. Met according to adjournment.

The petition of Louis Pagee, a convict, for liberation—dismissed.
The petitions of Charles Blake, and Barnabas Conner, convicts, for liberation—granted, on condition to leave the State in twenty-four hours.
Petition of Caroline Harvey, for liberation—dismissed.
Petition of Fenner Ballou, of Burrillville, for liberation, confined for want of sureties to keep the peace—committed.
Petition of William Jeffreys, convict, for liberation—Granted.
Petition of Benjamin E. Wood, and Reuben Smith, convicts—dismissed.
Petition of John P. Bucklin, Henry Casar, and John Hazard, convicts, for liberation—granted.
Petition of Smith Hicks, convict, for liberation—granted, on condition to ship on a whaling, or other foreign voyage.
Petition of W. Sholes, for liberation; confined for want of sureties to keep the peace—dismissed.
Petition of Stukely Philips, confined for same reason—dismissed.
Petition of Patrick Hays, convict, for liberation—dismissed.
Petition of Clark Fuller, confined for having returned to the State, after banishment—dismissed.
Petition of John L. Clark, confined for fraudulent management of Burrillville Bank, on failure to pay the fine awarded by the court—for liberation—dismissed.
Petition of Julia Wilcox, and Mary Phillips, convicts, for liberation—Granted.
Petition of Benjamin T. Spink, poor debtor, for liberation—granted.

The Committee, to whom was referred the subject of Pawtucket Bridge, reported, that the subject be referred to the January Session of the Legislature; and that in the mean time, the Legislature should make an appropriation for present necessary repairs. The Report was accepted, and $200 appropriated for repairs, under the superintendence of Messrs. Brown and Randall, of North Providence.

On report of Committee on sale of real estate, George D. Cross, and Elizabeth Stone, had leave to withdraw petitions.

A resolution was offered by Mr. Dorr, for towns not represented in the State Convention, to be empowered to send delegates to its session, to be holden in November—postponed.

The act empowering one Judge of the Supreme Judicial Court to hold sessions of said Court, in case of the necessary absence of the other Judges, was read a second time, and passed.

Adjourned to 9 o'clock to-morrow morning.

SATURDAY, NOV. 1.
9 o'clock, A. M. Met according to adjournment.

The commissioners of State on the Burrillville Bank, reported, that they had come into possession of notes, amounting in all, to about $44,000, signed Francis Y. Carlile, a part of them endorsed by John L. Clark, (if we heard correctly) and all made payable to the Burrillville Bank—Also, a large amount of notes payable to said bank, signed by John L. Clark, and endorsed by Francis Y. Carlile—That suits had been commenced on them—That proposals had been made to them on the part of Carlile, to place the business in the hands of Referees, for adjustment; but the commissioners not feeling themselves authorized to do so, had concluded to refer it to the General Assembly. The report was accepted.

Sundry accounts from the committee on Accounts and Claims, were allowed, and ordered to be paid.

Mr. Cranston, of Newport, moved that his Excellency the Governor, and Hon. Senate, be now invited to join this House, in Grand Committee, for the purpose of going into the election of a Senator in the Congress of the United States, for six years from the fourth of March next. The motion was agreed to, and the Governor and Senate having been invited by message from the House, returned for answer, that they would take the subject into consideration, and inform the House of the result of their deliberations.

On report of the Committee on the Militia, the members of the Washington Grenadiers had leave to withdraw their petition—Also William H. Case, who petitioned for leave to take his engagement on Military Commission, had leave to withdraw.

Petitions of Cynthia P. Young, and Daniel Jenks, Guardians, for sale of real estate—granted.

On report, the petition of Robert C. Sisson, after much discussion, was granted. The petitioner had been tried and convicted in a Justice's Court, for sheep stealing, and mulcted in the sum of $10, damage and cost. The Court of Common Pleas had annulled the decision, and granted a new trial, which had never been had.

Several bills with concurrences, were received from the Senate—Also an act to insert certain names in the charter of the Wakefield Bank—Concurred in.

A resolution was offered by Mr. Dorr, approving the report of the committee on the subject of a State Prison—Stating that in conformity to the decisive vote of the people, such a prison ought to be erected—Adopting the plan submitted by the Committee—Requiring that specifications of materials &c. be made out, and a location fixed upon, and proposals advertised for, by a Committee to be appointed, whose duty it shall be to report to the House at the session of the Assembly in January next.

Messrs. E. R. Potter, and D'Wolf advocated the postponement of the resolutions to the January session. Mr. D'Wolf was opposed to the erection of a State Prison altogether, but, at any rate, thought the resolutions were premature, and of a nature too important to be pressed through at this session.

Mr. Potter was also opposed to the erection of a State Prison, and to the whole State Prison system. Thought they were generally schools for vice—That they were expensive, unless convicts were compelled to labor—That if they were, they became farms for speculators, in the form of contractors, who consequently acquired a sort of monopoly, to the great injury of honest and industrious mechanics. If they could be made a source of revenue, Mr. Potter said he wanted no revenue from crime, and, as for punishment, convicts had frequently said, they had rather spend two years in a State Penitentiary, than two weeks, on the 'Graham System,' on the North side of Providence Jail. Mr. P. thought that if a certain class of people in this country, advocates for a Tariff to protect American industry, would take measures to prevent, instead of encouraging the importation of foreign convicts, to come into competition with American laborers, they would do much more towards the prevention of crime, than by building State Prisons. On the whole however, Mr. P. said, that he should not oppose it; though he believed that, should the question again be put to them, as the people had voted to erect a State Prison, they would decide very differently. All he asked, was, that as Providence Jail, which had become a disgrace to the State, must be rebuilt, that the resolution on the table might be laid over, to the January Session, to give an opportunity to devise a plan to rebuild it in such a manner, as to answer the double purpose of Jail, and State Prison. Mr. Potter's suggestions were opposed by Messrs. Dorr, Tillinghast, and others, on the general merits of the question, and the expediency of the resolution as an act of obedience to the voice of the people, without going into detail. In the end, the resolution was adopted by a large majority, and the duties required by it, imposed on the former Committee on the subject of a State Prison.

The bill to empower Public Notaries to take acknowledgments of deeds, was again called up. It was opposed by Messrs. Potter and Titus, and advocated by Messrs. B. Hazard, Tillinghast and Dorr. The question was discussed on the ground of expediency and public convenience. Mr. P. moved its postponement to January.—Motion rejected. Mr. Titus moved that the bill be so amended as not to go into operation till after the first Wednesday in May next. Motion rejected. The question was then put, and the bill passed.

Adjourned to 3 o'clock, P. M.

3 o'clock, P. M. Met according to adjournment.

Petition of Fenner Ballou for liberation—Granted.

At the close of the morning session, Mr. Reynolds, late Secretary to Com. Downes, in the Pacific Ocean, presented a memorial, intended to be preferred to the Congress of the United States, on the subject of fitting out an exploring expedition to the South Seas, and requesting the signatures of members of the House. In the afternoon, Mr. Dorr stated, that it was thought the object of the gentleman would be best promoted by a resolution of the House, recommending the memorial to the favorable notice of Congress. Mr. Dorr presented a resolution to that effect, which passed unanimously.

Mr. G. Spencer called up his bill relating to Masonic Societies, and moved its passage. Mr. Cranston hoped he would not press it, at a moment when concerns of so much greater importance remained to be acted on. He reminded the gentlemen that they were now, awaiting an answer from the Senate respecting the election of a Senator to Congress, that it was a subject of very great importance, and ought to be preceded by no exciting question. He had hoped that the respectable gentlemen who composed the Antimasonic party, had been satisfied with what had been already done by the Legislature on the subject of masonry, but, if not, he presumed no great damage could accrue from a short postponement of this bill. Meantime, he would pledge himself, and believed he could safely pledge those who acted with them, to vote for even the very High Priest of Antimasonry, as little sympathy as he was known to possess for the peculiar tenets of Antimasons, provided he acted with them in matters of the highest political interest to the country.

Mr. Spencer said he apprehended no great danger from the postponement of the bill, and should not have offered it, had the Grand Lodge held its peace; but as they had boasted of being able to evade the laws heretofore passed, he thought he would try to procure the passage of a bill which could not be so readily evaded. He had no objection to a postponement of it to the January session, and it was postponed accordingly.

A message was received from the Senate, stating that body, after due consideration, had come to the conclusion that it was inexpedient to join the House in Grand Committee for the choice of a Senator to the Congress of the United States, until the session of the General Assembly in January next. They therefore declined the invitation of the House to go into Grand Committee for that purpose, at this time.

The committee on the Touro fund made their report; which was accepted.

Mr. Dorr then offered the following resolutions:
Resolved, That the General Assembly regards with much solicitude and regret the present condition of our political affairs, which, in their opinion, is to be attributed to a departure, in some essential points, from the spirit of the Constitution and of the laws, by the present administration of the Government of the United States.

2. Resolved, That the removal by the Executive of the Public Funds from the custody in which they belonged by law and contract;—the disposition manifested by the Executive to take the entire control of the Treasury, and to interfere with the other Departments of the Government;—the too frequent removal of useful public officers; and the political use which has been made of the General Post Office are among the causes of this solicitude and regret, and by themselves, and their consequences, tend directly to a change in the character, and eventually in the form of our Government.

3. Resolved, That this Assembly are decidedly of the opinion expressed by the House of Representatives at their May session, 1834, and confirmed by experience, that a National Bank is indispensable to the proper collection, safe keeping, and disbursement of the Public Revenue, as well as for the regulation of the currency, and for the most convenient transaction of commercial affairs.

4. Resolved, That the present Bank of the United States ought to be re-chartered, or another incorporated, with such modifications and provisions as will render such an institution most useful to the country, and secure in the hands of the National Legislature the control of the Public Treasury.

5. Resolved, That by union and co-operation throughout the country, without regard to minor differences, among all those who entertain the opinions which we have expressed, the supremacy of the laws may and ought to be vindicated from those abuses of power against which we have solemnly protested.

On motion that these resolutions pass, Mr. E. R. Potter remarked that he hoped they would not—that they were of a very important character, went much farther than those passed at the last May session of the Assembly, and ought not to be pressed through the House at this late hour of the present session, almost at its close, and while so much other important business remained to be acted on. He wished them to be postponed to the January session, that an amendment might be added to them, by which the Assembly might claim the exercise of a power he thought belonged to them, to instruct our Senators and Representatives in Congress.

Mr. B. Hazard hoped the resolutions would be acted on now. They were according to the sentiment of the House, as expressed last May, and, he had no doubt, according to the sentiment of the present House. One thing, however, he would suggest; the impropriety of treating with any thing like seriousness the idea of substituting a metallic currency for purposes of business in this country, in its present state. He considered it a ridiculous farce, got up to deceive the common people, and believed that gentlemen on the other side thought so too. He hoped therefore that so much of the resolutions as related to this subject, might be stricken out.

Mr. D'Wolf hoped the postponement would not take place. The State of Rhode Island had participated in the difficulties created by the many improper acts of the National Executive, that she ought to be ready to lend her aid for their removal; and that the people should not be afraid to speak. He was, he said, a friend to Andrew Jackson, and was grateful for what he had done in his military capacity, for his country. But he was now speaking not of Andrew Jackson, but, of the President of the United States, when he condemned his measures. He thought the resolutions were proper, and hoped their passage might not be delayed.

Mr. C. Allen said he had voted for the resolutions which passed the House in May last, and was still in favor of a National Bank; but that these went much farther than they did, condemned the administration by wholesale, expressed views which he did not entertain, were got up for political effect, and he should vote against them.

Messrs. Hazard, (of Newport) and J. L. Tillinghast contended that the resolutions could not be postponed, without expressing a doubt as to their correctness—that their postponement would be equivalent to a refusal to adopt them; and which would be a gross misrepresentation of the sentiments of the people. Mr. Tillinghast further observed, that the resolutions, he had no doubt, corresponded with the views of three quarters of the people, and as a new House had been elected since May, it was necessary they should express their views.

Mr. Titus, had no desire to postpone. He had got the question to meet at some time, and was as well prepared to meet it now, as he ever should be. As to Major Barry, he had never been in favor of his appointment, but, under existing circumstances, he had no notion of joining his enemies for his condemnation. He thought there never could be a more favorable opportunity, for the friends of the Administration to meet the question before the House:—He was willing, on his part, to do it immediately, and he had no doubt that the people would bear them out in it.

The motion for postponement did not prevail. It was then agreed to separate the resolutions, and put them one by one; and that the ayes and noes should be taken on each question. Messrs. E. R. Potter, Titus, C. Allen, B. Hazard, D'Wolf, J. L. Tillinghast, Dorr, and Haile, spoke on the resolutions, severally; but as the debate was somewhat protracted, we can only give a general summary of their leading ideas on the whole subject, collectively. Mr. Potter thought that the opposition was rather hard in their censures of the President for his removals from office; while Mr. Foot of Connecticut, had set his 'cloven foot,' on more than three hundred men in that State, and removed them from office on account of their political opinions, without having called forth a word of complaint from those who censured the President. That as the President was responsible for the conduct of his Secretaries, he considered it perfectly right and proper that he should have and exercise the power to remove them, when, in his judgment, the public good might require it. He (Mr. P.) put a case. By law, he said, the Secretary of the Treasury had the right to remove the public funds from the Bank of the United States, and place them where he thought proper; and afterwards, to submit to Congress his reasons for having done so. Now, said Mr. P. suppose Mr. Duane, had taken a notion to remove the deposits, and the President had determined that the act would impair their safety, and operate against the interests of the nation; would not the same party which now condemns the President for removing Mr. Duane, to effect the removal of the deposits, have applauded the measure, had it been executed in order to prevent their removal?

Mr. P. condemned the idea of calling up the conduct of the Post Master General, as a subject of trial and censure by the General Assembly, when that gentleman was not present to answer for himself; and he thought the procedure still more unjustifiable, from the fact that they were acting without evidence in the case, and that a Committee of the United States Senate were now traversing the country on a tour of examination into the concerns of the Post Office Department.

Messrs. Hazard, Tillinghast, Cranston, and Haile, replied, generally, to these remarks. They urged the fact that the evidence, of a nature to be decisive, had already been spread before the public, by the highest Legislative Body in this country, or in the world, of the mismanagement of the Post Office Department, and the unconstitutional conduct of its head functionary; and that his conduct had been condemned by the unanimous vote of that body—That there could be no question of the truth of the allegations, for they were as evident as that there was a Post Office Department in the United States. It was stated that enough had already been disclosed, and fairly proved, to warrant the declaration before the House, for it had been derived from official and unerring sources, and given in detail; but that it was also probable, that the labors of the Committee would bring still other abuses to light, which would swell the list in number, magnitude, and enormity.

Mr. Potter begged the gentleman, (Mr. Tillinghast) to recollect, that the unanimous vote of the Senate, applied only to the act of borrowing money on the credit of the Government, without the consent of Congress.

Mr. T. replied that this was sufficient; and that the gentleman (Mr. P.) had thus acknowledged that Maj. Barry had been guilty of abuse, and for which, the censure in the resolutions was comparatively mild.

Mr. Titus replied, that, though always unfriendly to Maj. Barry's appointment, he considered that his expenditure of the Post Office funds could be readily and satisfactorily accounted for. During his administration of the affairs of the Department, mail routes and facilities had been very much extended and increased. That many members of Congress, probably to make friends at home, had been in the habit of asking these for their constituents, that their great increase had caused a corresponding increase of expenditures, which had involved the Department in debt, and that, when the very people who had been thus benefited, had witnessed the effects they had turned on the Post Master General and attempted to crush him, for the difficulties they had created. He stated that he had seen proposals for these new contracts, filling nine closely printed columns in a large newspaper, one or two of them for Rhode Island; and that he was at no loss to account for the embarrassment of the Department.

Mr. Tillinghast replied that the gentleman was very unfortunate in his attempt to clear up the difficulty. That the contracts alluded to were by no means sufficient to balance the account. He wished to know what had become of $250,000 which Maj. Barry's predecessor had left in the Department, and the additional $800,000 which had been borrowed, contrary to law, on the credit of the government. The sums to which the gentleman refers, said Mr. T. are but as a feather in the balance, when compared with this enormous amount, of more than a million. He admitted that a new route had been established in Rhode Island, between Newport and New Shoreham; that the expense of carrying the mail was $400, and the income of the office $613, per annum; and his conclusion was, that the intention of these new mail routes was not so much public accommodation, as to create more officers in connexion with the Administration, and facilities for franking letters, papers, &c. for political purposes.

Mr. Potter urged that one great cause of the deficiency of the Post office Revenue, was that all the Members of Congress had the franking privilege, that they kept Post Offices of their own, franked letters for themselves and all their neighbors, and many of whom, he verily believed, did more business in receiving and sending letters, for other people, than many Post Masters did.

Mr. Potter said he was in favor of a National Bank, and believed such an institution necessary; but the bank he would vote for, should be limited in its issues to $5,000,000, and should never be allowed to extend them beyond that sum, nor to contract them, but under certain restrictions; and its branches to be taxed by the governments of the States wherein they were located. For such a bank, with a charter to extend to twenty years only, would he vote, and for no other would his vote ever be given.

Mr. B. Hazard, said that the gentleman had expressed himself in favor of a bank; and this was all the resolutions required; the bank these recommend being one which should be most useful to the country.

Mr. Potter moved that the 4th resolution be amended, by providing, that, should a branch of a National Bank to be hereafter established in this State, it should be subject to taxation by the General Assembly, at the same rate with the local state Banks.

Messrs. Tillinghast, Cranston, and Dorr, would not vote for this amendment, but wished to have it distinctly understood that they should not, by their votes, declare their views as to whether the principle of taxation recognised in the proposed amendment, were or were not correct. They proceeded on the ground that they sat there, not to make a bank charter, but to recommend a bank suited to the wants and interests of the country, and would leave the details to Congress—that the resolution expressed all that was necessary on this occasion, and that they should therefore, vote against the amendment.

Mr. D'Wolf opposed the amendment, and should vote against it, because he believed the states could have no right to tax a Bank of the United States. It was at their option to admit branches, or not, as they pleased; none could be forced upon them, and with Congress alone, remained the right of taxation, which had been exercised on the present bank, in the form of a bonus, for the benefit of all the states, of which, Rhode Island was one.

Mr. Tillinghast regretted that the resolutions had not embraced the subject of the Public Lands. He considered that the Eastern States were entitled to their share of them. That they had been won from the British crown by the wealth, toil, and blood of the Eastern States, and others, before the Western States had a being. That R. Island had contributed more than her share towards it, and was entitled to what would amount to an income of $30,000 per annum; and which would soon be lost to the State forever, from the rapid growth, and increase of political strength, in the Western States.

Mr. Potter reciprocated the sentiment, and said he would vote for the equal distribution of the Public Lands, if there were not another man in the United States who would do so. He considered it right and just. Rhode Island had contributed her full share in obtaining these lands, and in the purchase of Louisiana; and was entitled to remuneration, and ought to have it.

Mr. B. Hazard advocated Mr. P's. amendment for taxation. He thought it right and proper, and should vote for it accordingly. Some further remarks were made, of general application to the banking system, pro and con. and the United States Bank in particular. But they being such as are familiar to our readers, and somewhat desultory withal, we forbear to state them.

On the first resolution, the ayes and noes being taken, they stood, ayes 43, noes 28—majority in favor, 15.
On the second resolution, ayes 42, noes 26—majority 16.
On the third resolution, ayes 46, noes 23—majority 23.
The remaining resolutions were passed without a division.
Mr. Potter's amendment passed—ayes 41, noes 24—majority 17.
We shall give the names of those members who voted in the affirmative as well as the negative on the above Resolutions, as soon as we can obtain them from the Clerks of the House.

The Committee on Finance made a partial report—Read and recommitted.

Mr. Dorr reported resolutions for the observation of Thursday the 27th inst. as a day of Public Thanksgiving—Read and adopted.

The Bank Committee reported an abstract of the returns of the banks in the State—Received, and ordered to be printed.

The foregoing resolutions were returned from the Senate, non concurred. On motion of Mr. Cranston, it was ordered that they be signed by the Speaker of the House, and a copy of them sent to each of the Senators and Representatives of this State, in Congress.

The General Assembly then adjourned, to meet again in Providence, on the second Monday in January, 1835.