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MARCH 10, 1834.]

Virginia Resolutions.

[H. of R.

the moneys remaining in the treasury, after the settle- vided, all warrants for moneys to be issued from the Treament and liquidation of the public accounts, are their pro-sury in pursuance of appropriations by law; to execute perty, no man shall be eligible as Treasurer and Receiv- such services relative to the sale of the lands belonging er General more than five years successively." Similar provisions may be found in the old constitution of Pennsylvania; and, if I mistake not, in those of every and all the States which at that time composed the confederacy.

to the United States as may be by law required of him; to make report and give information to either branch of the Legislature, in person or in writing, (as he may be required,) respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office; and, severally, to perform all such services relative to the finances as he may be directed to perform."

Is there any provision in the constitution of the United States itself, which contravenes or abandons this wise, universal, and settled principle of modern republican Government? Sir, its whole structure recognises and Passing to the act of 1816 chartering the United States sustains it. Among all the powers conferred, and duties Bank, we discover a constant and vigilant adherence to enjoined on the Executive Department, there is not one the principles of the act cited above. The financial conof a financial character--not even the privilege of borrow-nexion between the Government and the bank is always ing money; whilst to the Legislative Department, all of cautiously withheld from the Executive, and intrusted to them have been confided, so far as they are enumerated the Secretary of the Treasury. Thus, the 16th section in the constitution--the broad and general power of lay- itself, of which we have heard so much, directs "that the ing and collecting taxes, duties, imposts, and excises--of deposites of the money of the United States, in places in borrowing money on the credit of the Government--of which the said bank and branches thereof may be estabcoining money and regulating its value--of supporting lished, shall be made in said bank, or branches thereof, armies and maintaining navies, &c. It is further provid- unless the Secretary of the Treasury shall at any time ed, by the 9th section of the 1st article, (that section otherwise order and direct; in which case, the Secretary which imposes restrictions on Congress,) that "no mo- of the Treasury shall immediately lay before Congress, if neys shall be drawn from the treasury but in conse-in session, and, if not, immediately after the commencequence of appropriations made by law; and a regular ment of the next session, the reason of such order or distatement and account of the receipts and expenditures rection."

of all public money shall be published from time to Sir, I am filled with unaffected astonishment when I retime." Now, this clause applies exclusively to the Le-flect that the President of the United States, with the gislative Department; and contains a prohibition and re- constitution and these laws before his eyes, should claim quirement; but if the control of the treasury, and the the custody of the public money as of Executive. right, custody of the public funds, be not in that department, and exercise the power of supervising and controlling the then all will agree that the prohibition is unnecessary duties and discretion of the Secretary of the Treasury. and the requirement unjust. Nay, even the pliant Secretary, who has submitted to the It is hardly possible to conceive that the safe-keeping dictation himself is filled with astonishment; for he has of the public moneys does not belong to that department confessed in his report that "the power over the place of which is charged with the power of raising it, with the deposite for the public money would seem properly to duty of appropriating it, with the restriction of not using belong to the Legislative Department of the Government;" it, except by laws regularly passed, and with the requisi- and again, that the right of the Secretary to designate tion of publishing, from time to time, regular statements the places of deposite was always necessarily subject to and accounts of its exact situation and condition. the control of Congress." When he asserts that "it is

If the constitution itself has confided these financial difficult to imagine why the authority to withdraw it (the duties and responsibilities to the Legislature, I need scarce- deposite) from the bank was confided exclusively to the ly labor to prove that no law can shift them so as to exon-Executive;" and, also, that "the Secretary of the Treaerate Congress from their performance, or to authorize sury presides over one of the executive departments of the Executive in exercising them. But there is no such the Government, and his power over the deposites forms law; and to show the opinion which our predecessors a part of the Executive duties of the office," he begs the held on this subject, I beg the attention of the House to question in controversy; and as he is a lawyer of eminence, a comparative analysis of the laws establishing the Trea- and has offered no argument in support of it, we are sary Department, and those which were confessedly execu- left to infer that he himself thought it fallacious and untive in their characters and functions; for example, that in tenable.

relation to the Department of State. The one is entitled But my honorable colleague [Mr. PATTON] has discov"An act for establishing an executive department, to be ered that Congress itself has called the Treasury an exedenominated the Department of State;" the other is en-cutive department; and has referred with no little triumph titled "An act to establish the Treasury Department." to an act of 1789, entitled "An act for establishing the The one provides that there shall be an executive depart- salaries of the executive officers of Government; in ment, to be called the Department of State; and that there which, among others enumerated, he has found "the shall be a principal officer therein, to be called the Secre- Secretary of the Treasury." Now, the great defect in all tary of State, who shall perform and execute such duties the other authorities I have heard adduced on this point as shall, from time to time, be enjoined on or intrusted to is, that they prove too little; but this is not liable to that him by the President of the United States, agreeable to objection, for it proves too much. Had my colleague the constitution," &c. The other provides that there restrained his triumph for a moment, and read his authority shall be a Department of Treasury, in which shall be the but a few lines further, he would have found it necessary following officers, namely: a Secretary of the Treasury, to add to his list of "executive officers" the names of to be deemed head of the department," &c.; "that it "three judges of the Western territory." shall be the duty of the Secretary of the Treasury to di- I propose now, Mr. Speaker, to examine the second gest and prepare plans for the improvement and manage-ground upon which the gentleman from Virginia, and ment of the revenue, and for the support of public credit; others who agree with him, have rested the power claimed to prepare and report estimates of the public revenue and for the Executive over the public treasure of the country: the public expenditures; to superintend the collection of I refer to the power of removal from office.

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the revenue; to decide on the forms of keeping and sta- I shall not deny that this is a power which, for good ting accounts, and making returns; and to grant, under cause, has been exercised by the President from the year the limitations herein established, or to be hereafter pro-1789, and silently acquiesced in by the country; but his

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Virginia Resolutions.

[MARCH 10, 1834.

tory shows that this enormous power was originally allowed the claims according to their construction of the treaties to that high officer when George Washington was Presi- and those principles of law and equity applicable to the dent of this country, and then confided only by a majority subject; and these commissioners are appointed by the of fourteen in the House of Representatives, and the cast- President, with the assent of the Senate: from some defi ing vote of the Vice President in the Senate; and that the ciency of evidence, or for the purpose of more effectually power was allowed, and the principle justified, only in re- attaining the ends of justice, we are daily referring to the lation to officers whose duties and functions were executive Third Auditor of the Treasury individual claims, to be by in their characters; Mr. Madison himself having declared him examined and settled according to the principles the intention of the constitution to be "that the first magis- which would govern Congress itself; and this officer holds trate should be responsible for the Executive Department; his office at the pleasure of the President; and even now, and that, so far therefore as we did not make the officers we have under consideration two bills-one establishing a who are to aid him in the duties of that department respon- commission, and appropriating $5,000,000 to satisfy claims sible to him, he was not responsible to the country." for French spoliations anterior to 1800, and the other reWhen, however, we look at the present condition of our ferring to the Treasury Department the examination and country, and compare it with the purer days of 1789-- settlement of all claims on the Government to commutawith the race of our revolutionary fathers almost extinct, tion for revolutionary services. Now, if the right to reand passion, party, and ambition taking the places of phi- move these officers gives to the President the right to sulosophy, patriotism, and self-devotion--with a civil list of pervise and control them, then, in the first place, he may forty thousand officers, claimed as mere instruments and construe treaties-a power expressly denied to him by automata in the hands of Executive power, and open Mr. Madison himself, in the letters of "Helvetius," and declarations of prominent politicians that offices are the in the second, he may exercise legislative and quasi-judilegitimate spoils of party victory--when, in truth, the cial powers-powers expressly withheld from him by the prophecies of Gerry, and Jackson, and Sherman on this constitution. subject are almost in the very progress of fulfilment-is it Mr. Speaker, our great political apostles never connot time for us solemnly to review this great constitutional tended for doctrine like this; but all their principles, and question? For my own part, sir, after the most patient the whole practice of their lives, triumphantly refute it. and candid investigation, I am unable to discover any Virginia never sanctioned a doctrine like this; and when, thing either in the constitution or the genius of the Gov- the other day, a gentleman from Maine wandered from ernment which authorizes the President, at his own pleasure his way to charge her with having abandoned the docand discretion, to remove any officer of the Government, trines of her Jefferson and Madison, he showed that he in the appointment of whom the concurrence of the Senate had either read to but little purpose, or had suffered his is required by the constitution; and, as in the case now understanding to be clouded by the mists and prejudice of under consideration, he has not only claimed but exercised party. The principles of those great and illustrious men the power, and that, too, by mere implication, without are treasured in her heart, and emblazoned on her baneven the authority of a law, the solemn oath which I have ners. But two occasions have arisen, in the history of taken forbids that I should sanction it by any vote I may their lives, when Virginia dissented from the opinion of give. This opinion may be very erroneous, and I only either-the one, when Mr. Madison, in one of the gloomistate it as my own, not expecting it to influence the opinions est eras of the republic, sanctioned the very charter which of others. is now violated by his successor; and the other, when (for

Be this, however, as it may-be the just construction of the generous purpose, no doubt, of allaying Southern ex the constitution what it may-there is one assertion which citement,) he pronounced the tariff of 1828 to be consti may be made without the fear of contradiction. No states-tutional; but I presume that it was not for these abandonman can be named, from the year 1788 down to 1833, ments that the gentleman from Maine felt it his pleasure who ever contended that the mere power of removal car- to reproach her. ried with it the right to control the entire business, duty, If I have succeeded in showing that the mere power of and discretion of the officer-no matter of what character, removal does not draw after it the right of control, there or how conferred. This discovery has been reserved for is no aspect whatever in which the course of the Execu the day in which we live. It may be reasonable that, in tive, in relation to the public deposites, can be sustained. matters purely executive, for the wise discharge of which For argument, it might be admitted that the Treasury is the President is responsible to the people, he should have an executive department, and nothing would be yielded the right to control the discretion of his assistants. It by the admission; for nothing can be more fallacious than may be reasonable, that other officers, for whose conduct the idea that the reference of any duty to an executive the President is not responsible, should be removable by officer, ipso facto makes it executive in its nature. A him, for causes of themselves good and satisfactory such mere statute cannot make that an executive function as incompetency or inability. But farther than this, reason which the constitution and common sense declare to be a or justice cannot go; for all beyond is perplexity, contra- legislative one; for this would enable the Legislature to diction, and absurdity. The great and manifest design of distribute the powers of Government as it thought proper, the constitution, to restrain the different departments of and thus to change at pleasure its whole theory and struc Government within their respective orbits, would be frusture; when, therefore, Congress assigns duties to any offi trated and destroyed; for, by this means, the Executive cer of the Government, we are not to look to the officer might daily encroach on the Legislative Department; an to learn the nature of the duty, but to the duty itself to implied power would at once reach a magnitude far above learn the nature of the service. If it be executive, he those expressly granted; and this right of removal no- must perform it under the guidance and direction of the where named in the constitution, clothes the executive arm President; if legislative, then faithfully according to law. of the Government with an energy unknown to our insti- Now, I have shown that the power conferred on the Sectutions, and dangerous to liberty. Sir, allow me to illus-retary of the Treasury, by the sixteenth section of the trate. We have lately closed treaties with France and United States Bank charter, was not executive in its na Naples, in relation to spoliations on American commerce; ture, nor designed to be so by Congress: hence it follows, and for the purpose of relieving Congress from the bur- necessarily, that the President has no right directly to den, and the country from the expense of legislating on control its performance; and if not directly, he may not do each particular claim which may arise under them, weit indirectly, for this would lead to the extraordinary conhave established two boards of commissioners, and clothed sequence that he may assume powers not granted, by them with broad discretionary powers, to audit and settle abusing those conferred.

MARCH 10, 1834.]

Virginia Resolutions.

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But a new and sovereign panacea has been discovered removing the deposites "can in no event be regarded as for all those evils, and for the cure of the deep and dan- a violation of the contract with the stockholders, nor imgerous wounds they would otherwise inflict on the consti- pair any right secured to them by the charter," he again tution. "The President is bound to see the laws are declares that "the faith of the United States is pledged, faithfully executed;" and, I pray you, sir, to tell me what according to the terms of the section' quoted above, that would have been the effect of the full exercise of this the public money shall be deposited in this bank, unless power, under a plain, fair, and common-sense construc- the Secretary of the Treasury shall otherwise order and tion of it, on the question now under consideration? The direct; and, as this agreement has been entered into by bank charter of 1816 is a law, and the sixteenth section Congress in behalf of the United States, the place of deis a part of it; and the same obligation exists "faithfully posite could not be changed by a legislative act, without to execute" that provision as any other portion of it; but disregarding a pledge which the Legislature has given." that provision confers on the Secretary of the Treasury a To whom is the "faith" of the United States "pledged?" discretion-a discretion for the wise exercise of which, To the Secretary of the Treasury? Congress pledging as has been said before, he is made responsible, not to its faith to its own agent and servant! No, sir; but Conthe President, but to Congress; and the President, in gress, one of the contracting parties, pledges its faith to faithfully executing the law, was bound, instead of sub- the bank, the other contracting party; and the Secretary jecting it to his own will, to shield it from the slightest of the Treasury is made the common trustee of both in its invasion or molestation. But this is not the reading of execution. the constitution in the school of modern construction. The relation established between the Government and Fete A "faithful execution of the laws" is now read to mean the bank, by the sixteenth section of the charter, is a a "wise execution of the laws," and a simple ministerial financial one, and its superintendence is confided to the duty elevated to the dignity of a judicial function. I will financial officer of the Government. It would, therefore, not consume the time of the House in exposing the fal- seem but rational that financial reasons and considerations lacy and mischief of such a doctrine. I have heard its should govern his conduct; and where the Secretary of annunciation with sincere apprehension and alarm, but I the Treasury has found authority to constitute himself the cannot be brought to believe that it will outlive the pre- general censor of the bank, or the political monitor of sent extraordinary crisis, in which an appeal to it has Congress, I am unable to conceive. By what means of been found necessary. A kindred pretension, "the ge- official information can he pronounce the bank guilty of neral welfare," under the darkness and obscurity of which interference with the politics and elections of the coun the rights of the States were heretofore alarmed and try? The charge may be true; it may, moreover, well invaded, is exploded and abandoned. I trust that this justify the issue of a scire fucias, or a refusal to recharter. will soon follow its fate, and that one common oblivion I stand here as no apologist for the bank, but I utterly will rest on both. If, however, it shall survive, then shall deny the right of the Secretary to investigate or pass I reckon the days of our constitution as numbered; all its judgment on them. What would be thought of the civil checks and balances as lost and destroyed; and all the pow-engineer who, being charged with the duty of locating an ers of the Government, as hastening in rapid confusion to improvement along a given direction, unless he should be swallowed in the wide and ingulphing vortex of Ex-think another more eligible, should make the change, and ecutive discretion. assign as his reason that the one originally proposed Mr. Speaker: I have now closed the investigation of passed through a population opposed to a particular this question in its relation to the constitution, and the "succession" to the Presidency? Or what of the subalprinciples of the Government. I have viewed it in those tern military officer, who, in time of war, being ordered relations simply, separate and apart from persons or par- with men and munitions to occupy a particular post, and ty. I have not charged, I have not designed to charge, there to remain, unless, in his judgment, it became adthe present Chief Magistrate with corrupt motives or bad visable to remove them to another, should order the intentions; but the purity of his purpose cannot change removal, and assign as his reason that the abandoned post the nature of the act itself, nor counteract its legitimate was opposed to the war, and the administration which and necessary consequences; and long after Andrew Jack-conducted it? And especially, what, if, as in the present son shall have passed from the busy and tumultuous instance, the shaft of the enemy, which was designed for scenes of life, and history done impartial justice to his the refractory post, should glance, and sink deep in the motives, the power now claimed will be a staff in the hands heart of the country? Sir, the bank may be sunk irreof wily ambition conducting it along the path which leads over prostrate liberty to absolute power.

Here I might stop; for, solemnly impressed with the truth of what I have advanced, I am bound by every consideration of honor and duty to defend the constitution from the dangers which threaten it. But, since I am up, I hope to be permitted to take a cursory view of the Secretary's reasons for the act which has been done, and some considerations connected with them.

trievably deep in all guilt, moral and political, but let her enjoy the privilege secured to the vilest criminal of the land-let her at least suffer and die according to law. Had the public money been unsafe in her custody, the financial interest of the country would have required the financial officer of the Government to remove them; had she failed or refused to transmit the funds from place to place, to meet the demands of Government, the fiscal operations of the Government would have been stopped, and it would have been the duty of its financial officer to select another and more faithful agent; had she violated any of the duties pertaining to her fiscal agency, the immediate removal of the deposites would have been just, proper, and necessary. But has any default, in these respects, been charged upon her?

I will not enter on a labored argument to show that the deposite of the public money in the bank constituted a portion of the contract entered into between it and the Government, to be observed in candor and good faith. The country must perceive that, had it not been so intended, it would not have formed one of the provisions of the charter itself, but have been the subject of a separate Sir, the Secretary has not assigned to Congress one and independent statute; and that, otherwise, the twentieth solitary financial reason for his conduct. He has thrown section would have provided the payment of a bonus of a aside his leger, and, seizing on the political pamphlets and million and a half of dollars, in consideration of the exclu- newspapers of the day, has proceeded, in a few hours sive privileges conferred by the act, and not in considera-after he entered on the duties of his office, to pass politition of the "exclusive privileges and benefits" conferred. cal condemnation on the bank, and to do-what, sir? InI need do no more on this point than to quote the Secre-flict the punishment called for by retributive justice. In tary against himself; for, while he asserts that his order this country we have been used to see the punishment

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suited to the offence, the remedy to the disease, and the people from apprehended bribery and corruption! And antidote to the poison; but the modern Secretary has who is it that utters this sentiment, so injurious to us, so discovered that political intemperance may be cooled by injurious to the character of free representative govern relentless persecution, and a bank's capacity to loan ment? Is it the generous, high-minded, chivalrous solmoney enlarged by withdrawing money from its vaults. dier? Who believes that our present Chief Magistrate, What evil has been cured, what error corrected, what left to the influences of his own heart and sense of justice, beneficial result secured, by the removal of the deposites? would have cherished such a thought? Sir, his ears have None, sir-not a solitary one; and the fact furnishes in- been poisoned and his confidence abused. With high and contestable proof that the remedy selected was totally excitable passions, warm enmities, and ardent attachments, inadequate and inappropriate; and I submit it to the it has been his misfortune to be surrounded by those who country, if it did not behoove the President of the United have fed his passions, inflamed his enmities, and claimed States calmly and dispassionately to calculate the cost for themselves all his attachment and confidence-wretchbefore he risked so great and hazardous an experiment.es who, with the hollow profession on their lips of devo Ought he not to have calculated the heavy loss to the tion to him and his glory, harbor in their hearts no other Government in the deterioration of her seven millions of design but their own advancement, and that of a particu stock, and in the diminution of her future dividends? lar succession," under whose auspices they may retain Ought he not to have foreseen the almost certain deficit their power and place.

in the impost revenue of the Government, from the nat This opinion is not carelessly or inconsiderately haz ural and necessary despondency and stagnation of com-arded. I have not been an altogether inattentive observer mercial enterprise? From the daily intelligence received of men and events since I reached here; to my judg from England and elsewhere, of countermanded orders ment, it is sustained by abundant testimony; and I ex and restricted operations, I hazard but little in saying that press it, standing here, on my representative responsi the revenue for twelve months to come will fall one-third bility, and with all the earnestness of religious belief. short of that of the twelve months past; and, as the Presi The conviction has given me no ordinary pain, for I have dent himself has informed us that the ordinary receipts been a zealous supporter of many of the measures of the would barely defray the probable expenditures, I see present administration; and whenever I have reflected nothing before us but (what I look on with dismay) an on the triumph with which it came into power, and the increase of the tariff. Above all, sir, did it not behoove glory and success of its earlier measures, and contrasted the President, when, instead of suffering the bank to them with the gloom and melancholy which now pervade expire in peace, and allowing the people time to prepare the country, I have invariably turned with mournful refor the event, he resolved on this instantaneous and hair collection to the history of the reign of Queen Anne of trigger experiment, to foresee the alarm and dismay it England. The sun of her glory rose with spotless lustre, would produce, and the wide-spread misery and ruin it and unmixed success attended her measures, whether of must infallibly inflict on this hitherto prosperous and happy distant achievement or domestic government, until, in an country? Ought he not to have foreseen this, knowing evil hour, she was tempted to hearken to a voice charging as he did that the bank was "a hard master, reaping upon others bribery and corruption; until, disregarding where he had not sown, and gathering where he had not the counsels of her constitutional advisers, she yielded her strewed?" confidence to the maid of the bed chambers, and elevated The more patiently and earnestly I have examined the Harley to office. Then it was that a magic change passed Secretary's reasons, the more irresistibly has the convic-over her fortunes; then it was that internal dissensions tion fastened itself on my mind, that other and more distracted her domestic councils; the brilliant achieve urgent reasons must have existed, for the adoption of ments of Marlborough were arrested in mid-career, and such a measure, than those assigned in his report. I the inglorious treaty of Utrecht followed; and then it was cannot, if I would, believe that these alone could have that miscarriage and defeat tracked the progress of all her led to a system of policy so momentous, so hazardous, and measures, and the sun, which had risen in glory, went untried. They are totally insufficient. down, if not in gloom, certainly without splendor. Mr. Speaker, I yield to no gentleman on the floor in candid and steadfast opposition to the Bank of the United States; and I have sought, with anxious solicitude, for some course by which the errors of the Executive might be corrected, separate and apart from all considerations connected with the bank; but there is no such course. The only mode of correction left to us is legally to undo that which has been illegally done. Do this, and ExecHe informs us that the President of the United States utive encroachment is rebuked, the constitution and laws declared to him that he would not resort to the writ of vindicated, and justice and the public faith preserved; scire facias, because the courts were committed and pre-but do it not, and a precedent is ingrafted on our conjudiced tribunals; and, further, that he would not await stitution which all future time cannot eradicate or erase, the judgment and action of Congress, because, had the and which, in its operations, must eventually change the last Congress been permitted to sit one week longer, a action and character of the Government. sufficient number of its members would have been bribed I have none, not the slightest, apprehension of beneby the bank to secure a vote of two-thirds for its rechar-fiting the bank by restoring the deposites; and I declare ter; and that, if he did not remove the deposites before- to you, sir, that I have heard the watch-cry of "re hand, the same would be the case with the Congress now charter," which has been rung through this House and in session. This is the solemn declaration of a man of the country, not only with indignation, but disgust. It is a spotless truth and honor, made to his country in the most false and insincere appeal to the honest and well-founded public manner, and under the most imposing circum- prejudices of the public; and it is only necessary for the stances, and now standing a portion of recorded history, device to be detected, that the weakness of the cause unimpeached and uncontradicted. Yes, Mr. Speaker, intended to be sustained by it may be exposed. This the President of the United States, but sixty days before apprehension, instead of being true, has not even plausi. the session of Congress, in opposition to the advice of his bility to sustain it. My colleague [Mr. PATTON] says truly, constitutional advisers, "assumes the responsibility" of when he says that the question of recharter will be lost doing wrong himself, to save the representatives of the in this House by a majority of forty votes.

Evidence is not wanting to show that other reasons did exist; the history of this question furnishes it abundantly; but I feel impelled by duty, on the present occasion, to call the attention of the House and the country to the testimony of William J. Duane, the late Secretary of the Treasury himself, who was evicted from office because, in relation to this very question, he could not force his discretion to conform itself to another man's judgment.

A large ma

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"Who that views the narrow span of earth,

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The isthmus 'twixt two boundless seas,

Will desert the spot or leave it bare,

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When he may build a proud temple there."
When Mr. G. had concluded,

jority of the entire representation south of Mason and] Dixon's line is in favor of restoring the deposites; and of the whole number there is not one in five favorable to a recharter. This majority is composed of men who yield. to none in this country in their devotion to the cause of State rights and strict construction. But is this all? Why, sir, the President is opposed to a recharter; the Vice Mr. MOORE, of Virginia, rose and said: I did not imaPresident is opposed to a recharter; this House is opposed gine, Mr. Speaker, that any circumstance could have octo a recharter; and still we hear nothing but the cries of curred which would have induced me again to have ob"recharter" and "battle of New Orleans." How is this? truded any remarks of mine upon the attention of this Will the people-can the people-be deceived by such House, in reference to the much-agitated question of the delusive and unfounded issues? For one, I rejoice and removal of the public deposites, in any shape in which it congratulate the country, that the Committee of Ways could have been presented for our consideration. Having and Means has put it in our power to decide and thus re-discharged what I considered a duty to my constituents, move this separate issue. I thank the honorable gentle- at an early period of the session, by declaring the motives man from Tennessee [Mr. POLK] for the first resolution which would govern my vote upon that question, it was which accompanies his report, and I hope that we will my purpose to have remained a silent and attentive obdecide it promptly; and, after having decided that "the server of the progress of the debate, until it should be bank shall not be rechartered," I trust in God that we brought to a termination. It is with extreme reluctance, shall be able to approach the consideration of the real sir, that I now relinquish that purpose. But, sir, the requestion involved in the removal of the deposites, re-marks of my colleague, [Mr. PATTON,] who addressed lieved from false alarms, and divested of unjust preju- this House on Monday last, when the resolutions of the dices. I trust that then our hearts may not only open to Legislature of Virginia were presented, have left me no the truth, but will expand with sympathy for the distress alternative. It is known to you, Mr. Speaker, if not to and ruin which pervade the land. the members of this House, generally, that Governor

As to the existence of distress-wide-spread, unaffect-Floyd, whose conduct has been so severely criticised by ed, deep distress-there is now no doubt on this point my colleague, [Mr. P.,] is a citizen of the district which at least; the day of scepitcism has passed; and, sir, permit I have the honor to represent on this floor. And, sir, me most respectfully to ask, if it is becoming in Con- considering it my duty to defend every citizen of that disgress to answer the prayers of a distressed and suffering trict against all encroachments upon his rights, which may people for relief, by learned arguments to prove that the be attempted in this place; and regarding the right, the distress was inflicted by the bank, and not the President? exercise of which is denied to my constituent, as not only Sir, I care not how it has been produced; sufficient is it of inappreciable value to him, but one which ought to be for me to know that it exists, and that it is in our power secured to every citizen of the United States, I feel bound to relieve it without the violation of any duty which we to trespass for a short time upon your patience. What, owe to God, man, or the constitution. Party shall not sir, is the right, the exercise of which is to be denied to rise up to obstruct me in the performance of so solemn Governor Floyd? It is, sir, the liberty of speech-a glo. and holy a service; and in this resolution I call on my rious privilege, which I have been taught to regard as the honorable colleague for his co-operation and support. I birthright of every American citizen. call on him to aid me in restoring the deposites, and thus Let it not be pretended, Mr. Speaker, that I am atrestore to his country its alarmed and banished confidence; tempting to give to this matter a factitious importance. restore its business and enterprise to their wonted chan-There is but too much reason to be alarmed at the disponels; restore, at least for a period of twenty-four months, sition which has been manifested to encroach upon the its usual prosperity and happiness-I call on him with rights of the people, and to curtail the liberty of speech. confidence, for most surely he will not sustain a measure Were you not struck, sir, when an objection was made, which he thinks" unwise, ill-timed, and inexpedient," a short time since, by a member of this House, to the at the expense of the general tranquillity, welfare, and happiness of his country.

printing of a memorial of some of the citizens of Pennsylvania, on the ground that it was disrespectful to the Government and the President, with the exact similarity, if not the identity of the language in which that objection was stated, with that of the famous, or rather the infamous, sedition law? Let me, sir, call the attention of the House to one section of that law.

My text then, is, sir, restoration of the deposites-no recharter of the bank; a rescue and vindication of the Legislature from the spirit of executive encroachment, and a rescue and vindication of the constitution from legislative usurpation. My eloquent colleague, [Mr. GonDON] who presented the resolutions of Virginia, justly "SEC. 2. And be it further enacted, That if any person said, that the advocates of her ancient principles, the shall write, print, utter, or publish, or shall cause or proparty to which he and myself belong, the old party of State cure to be written, printed, uttered, or published, or rights and strict construction, had long stood and were shall knowingly and willingly assist or aid in writing, now standing on a "narrow isthmus." It was a most fe- printing, uttering, or publishing any false, scandalous, citous and appropriate expression; for while the waves of and malicious writing or writings, against the Government legislative invasion have broken over us on one hand, the of the United States, or either House of the Congress of silent but deep and rushing current of executive encroach- the United States, or the President of the United States, ment, on the other, has been underminding and carrying with intent to defame the said Government, or either away the very foundation on which we stood. But a kind House of the said Congress, or the said President, or to and merciful Providence will still the waves, bring light bring them, or either of them, into contempt or disrepute; out of darkness, and shield the faithful. Already, if I or to excite against them, or either or any of them, the mistake not, is the sun-light of truth breaking asunder hatred of the good people of the United States, or to stir the clouds and darkness which prejudice and error have up sedition within the United States, or to excite any unhung around our "isthmus;" and the Spirit of State rights lawful combinations therein for opposing or resisting any and strict construction, waking from her long sleep, law of the United States, or any act of the President of rouses herself to action, and shakes off the apathy and the United States, done in pursuance of any such law, slumber which have so long bound her in inglorious re- or of the powers in him vested by the constitution of the pose. Then, in the language of encouragement, I will United States, or to resist, oppose, or defeat any such say to my colleague, law or act, or to aid, encourage, or abet any hostile de

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