The bill passed the Senate by a rather close vote, and went to the House, where it soon become evident that it was doomed to failure. There was another bill, practically of much the same import, before the Senate, providing for the distribution of the surplus among the states in proportion to their electoral votes, but omitting the excellent proviso concerning the defenses. To suit the views of Calhoun and the sticklers for strict construction generally, the form of this rival bill was changed, so that the "distribution" purported to be a "deposit" merely; the money being nominally only loaned to the states, who pledged their faith to return it when Congress should call for it. As it was of course evident that such a loan would never be repaid, the substitution of "deposit" for "distribution" can only be regarded as a verbal change to give the doctrinaires a loop-hole for escape from their previous position; they all took advantage of it, and the bill received overwhelming support, and was passed by both houses. Benton, however, stood out against it to the last, and in a very powerful speech foretold the evils which the plan would surely work. He scornfully exposed the way in which some of the members were trying, by a trick of wording, to hide the nature of the bill they were enacting into a law, and thus to seem to justify themselves for the support they were giving it. "It is in name a deposit; in form, a loan; in essence and design, a distribution," said Benton. He ridiculed the attitude of the hair-splitting strict constructionists, like Calhoun, who had always pretended most scrupulously to respect the exact wording of the Constitution, and who had previously refused to vote for distribution on the ground that it was unconstitutional:-- At the commencement of the present session a proposition was made [by Calhoun] to amend the Constitution, to permit this identical distribution to be made. That proposition is now upon our calendar, for the action of Congress. All at once it is discovered that a change of name will do as well as a change of the Constitution. Strike out the word "distribute" and insert the word "deposit," and incontinently the impediment is removed; the constitutional difficulty is surmounted, and the distribution can be made.