APRIL 19, 1834.]

Relief of Susan Deralur.

[H. OF R.

From no quarter has it been said that the Syren enter-enter upon the enterprise much earlier than was intended, i the harbor of Tripoli in the night following the 16th of the junction was consequently defeated, until after the ship February, 1804--from no quarter has it been said that the was on fire, and the ketch retreating out of the harbor." Syren, directly or indirectly, aided the Intrepid in the The language of Decatur himself, in his account, goes premeditated attack upon the Philadelphia, in the execu- to confirm (were confirmation necessary) this view of the tion of that plan which led to the ultimate capture of

that vessel.

It would certainly be matter of justice to look, in the Grst place, to the orders of the superior officer; and to ascertain, from a careful and critical inspection of those rders, whether, on any ground, either in law or in equity, he crew of the Syren can have any claim whatever to my portion of the one hundred thousand dollars named in he bill the estimated value of the captured prize. Cerzin the fact is, that the Syren was not set apart to engage

subject. He says, "I boarded with sixty men and officers. I had not a man killed in this affair, and but one slightly wounded. Every support that could be given, I received from my officers."

A single extract from the official despatches of Commodore Preble himself, shows his view, touching the conception, and also the execution of the plan, and to whom his country stands indebted for that brilliant achievement. "I enclose you copies of my orders on this occasion, which have been executed in the most gallant and officer

that controversy. Certain the fact is, that Commodore like manner by Lieutenant Commandant Decatur, assisttewart then well understood the course and conduct of ed by the brave officers and crew of the little ketch Intreplecatur, preceding the detachment of the Intrepid and id, under his command. Their conduct in the performance Fren from our squadron in the Mediterranean. Certain of the dangerous service assigned them, cannot be suffite fact is, that it was well known among our officers at ciently estimated. It is beyond all praise." Tracuse, that Decatur had voluntarily applied to be sent But, sir, the resolution of Congress, passed in Novemcommand on that expedition. Certain the fact is, that ber, 1804, puts down, most effectually, the objection to to him was committed the whole charge of the enter- this bill, that it does not provide for the crew of the Syren. e; and to him was attached the sole and exclusive re- It will be found that Decatur and his men are only paronsibility for the result of the exploit. I have already inserted in this argument, at length, the der of Commodore Preble to Decatur; and it would an to be wholly unnecessary again to refer to it, for purpose of showing that it never entered the head of superior officer, that Lieutenant Stewart was to take part in that conflict. If it had been so intended, the mand would have been given to him and not to Decaas he was Decatur's senior, and as he also had volunered his services.

In the order to Lieutenant Stewart, nothing could be re fully and distinctly expressed than the sentiment Decatur was exclusively to direct and to govern that pedition. In the order of Commodore Preble, referred will be found the following language:

I conceive the object in view can be best effected in night. You will, therefore, keep at a distance from poli until the evening, but not so far but that you can ch the harbor by midnight. The Intrepid, being rigin a manner peculiar to the Mediterranean, probably not be suspected by the enemy; of course, it will be advisable to send her ahead, in order that she may into the harbor, and board the frigate.

ticnlarized in that resolution; and the two extra months' pay, thereby granted to the officers and crew of the ketch Intrepid, was "for attacking, in the harbor of Tripoli, and destroying a Tripolitan frigate of forty-four guns."

In this resolution, no notice whatever is taken of the crew of the Syren. And it should be borne in mind that, so far from the commodore ever having preferred any claim for himself, or for the other officers and men of the Syren, to a participation of the prize money, with the captors of the Philadelphia, you find Stewart, in his correspondence, holding language worthy of his high honor, and in keeping with his pure patriotism.

He remarked, that "the destruction of the Philadelphia was effected by Decatur at great hazard, not only of life and liberty, but of reputation."

"The recollection of the difficulties and dangers he had to encounter in that expedition, excites more and more of my admiration of his gallantry and enterprise. And although the result shed a lustre thoughout Europe, over the American character, and excited an unparalleled emulation in the squadron, in our country alone is where it has never been duly estimated or properly understood." "Courage and great force alone, could not have effect

Have no doubt but Lieutenant Decatur, with the offi ed it. It was necessary, not only to put the smallest pos

and men under his command, will be able to take session of and destroy her. As soon as the Intrepid Wentered the harbor, you will stand in, and anchor in th a position as you, in your judgment, may think best bulated to afford her assistance in the execution of the in object, cover her retreat, or destroy any of the my's cruisers that may be in the harbor, by sending ir boats for that purpose."

And the official return of Stewart to Commodore Pre

sible force to the hazard, but its success depended upon a very small force being used."

"The genius and mental resources of the executive officer, could alone compensate for the want of force and numbers." To these demands, Commodore Decatur "was found fully adequate." The frigate was completely de. stroyed in the midst of the enemy, and his retreat effected without the loss of a man.

This is the language, and these are the generous and

made immediately subsequent to the capture of the disinterested sentiments of that officer who was on the iladelphia, leaves the mind unembarrassed with doubt spot, an eye-witness to the then passing events; and he relation to this matter; and shows, most conckisively, would mete out a full measure of justice to Decatur, to at the crew of the Syren, upon no legal or equitable whom justice is due. There cannot, then, be any subinciple, can make claim to any portion of the value of stantial ground on which to rest this objection. It has e capture. In this communication he unequivocally not been well taken; the history of those times clearly serts, after tendering his congratulations at the result of show that this objection, like the others which have been e enterprise, that, "1 only have to lament that a junc- considered, ought not to influence the action of Congress an had not been formed with the Intrepid by the boats in relation to the bill now under the consideration of the the Syren, under the command of Lieutenant Caldwell, committee.

II make no doubt that they would have been able to Mr. Chairman, I have already trespassed too long upon my and destroy one or both of the cruisers lying near the indulgence of the committee. I have now said all le frigate. You will observe, by my notes, that the that I have to say. I have endeavored, honestly and fairoats were despatched in due season, to meet the Intrepid, ly, to answer the various objections which have been greeably to our arrangements; but circumstances render- urged against this measure. If I have thrown any light if it advisable for Lieutenant Commandant Decatur tol upon this subject-if I have been able to present any view

VOL. X.-233

H. or R.]

Gardiner (Me.) Memorial.

[APRIL 21, 1834

which will tend to aid a single member of this committee The Secretary subsequently communicated his reason in his conclusions, I shall rejoice; I shall feel myself rich- for this proceeding. The question then arose-and, ly compensated for my feeble efforts. For when I bring may say, the obvious, natural, and sole questionto mind that this is the only case of the kind which has these reasons sufficient and satisfactory? Is the Secreta not received the favorable action of Congress; when I justified for his conduct upon the ground on which have made myself believe that the stern language of the has placed himself? If so, it is unquestionably the dut law does not oppose the passage of this bill; that no good of Congress thus to declare; if not, in the judgment reason does exist or can exist for withholding this just the House, it is no less plain that the House ought to p claim longer from those entitled to it; that every considera- nounce its opinion clearly and directly. These question tion of common equity calls loudly for decisive action- demand an answer, distinct and explicit, affirmative I could not fail to exert my best energies in favor of the

object.

negative; and the country has a just right to know whet or not the Secretary of the Treasury has proceeded up good and substantial reasons, in a matter so essentia

This is a case, Mr. Chairman, which addresses itself so strongly to our sense of justice, to our feelings, to our connected with the prosperity and happiness of the pe pride, to our honor, to our patriotism, that I cannot but ple.

cherish the hope, and feel the confidence, that no further I do not think, sir, that we can shun this question far delay will be had, that the bill will now be passed, and and with a just regard to our own responsibility. T that the measure will not fail to receive the sanction of reasons are submitted for our judgment. How can the republic. properly refuse to pronounce it? But it is evident When Mr. HUBBARD had concluded his speech, amend- we have hitherto declined to express any sentiment, eill ments to the bill were offered by Mr. PARKER, and Mr. of approval or disapproval. Whatever we may say HARPER, of New Hampshire, both of which were rejected. think, the country will be very apt to believe that The bill was then laid aside, and another, for the relief have evaded this question; that we have not dared of the representatives of Richard W. Meade, was taken up. meet it face to face; that we have quietly looked on Mr. POLK gave a brief history of the claim, and its for- permitted an officer of the Government to exercise mer fate in the House; and gave notice that he should great, if not doubtful, powers, upon a matter touching oppose the bill. interests and welfare of the people most sensibly, for Mr. HARDIN took the same ground, and hoped the sons which we cannot approve, but which we want f bill would not go out of committee till it had been dis-ness enough to declare unsatisfactory and insufficie cussed thoroughly. (The bill involves a claim to the amount of $490,000.]

Mr. ARCHER preferred taking up the case in the House to discussing it now.

The committee rose and reported progress on both

bills, and had leave to sit again. The House then adjourned.

MONDAY, APRIL 21.

GARDINER (ME.) MEMORIAL.

Every effort to procure a direct expression of the ments of the House upon this subject has failed. Committee of Ways and Means have argued very cla rately in vindication of the Secretary, but they have ventured to submit the force of their reasoning to judgment of the House. They do not propose to t its opinion upon the sufficiency of the reasons which has assigned. They have taken care not to introduce a thing in justification or approval of the Secretary's Coa which may become the subject of action by the Ho All their recommendations are prospective; they look

The first question that came up this morning was the at what has been done, but only at what is to be dom motion of Mr. Evans, of Maine, that the memorial pre- the present emergency. Expressing no opinion of sented by him on last Monday be referred to the Com- past, they declare opinions of what ought to be for mittee of Ways and Means, with instructions "to report future. That I am correct in saying that the resolut two resolutions-one declaring that the reasons of the reported by the Committee of Ways and Means de Secretary of the Treasury for the removal of the public regard at all the sufficiency of the Secretary's reason money from the Bank of the United States are insufficient me advert to them, and permit me also to show with

and unsatisfactory; and the other declaring that a bank, created by authority of Congress, is necessary, expedient, and ought to be established."

Mr. EVANS then rose and addressed the House as follows, in support of his motion:

ingenuity the committee have secreted the questio their sufficiency behind various others which they presented, but with which they have, at most, a very mote connexion.

The first resolution reported by the committee, Mr. E. said he should not have sought to give the me- adopted by the House, simply declares that the Ban morial which he presented several days ago any different the United States ought not to be rechartered. If destination from what various others now lying upon the so, it by no means follows that the public money ough table had received, if the House had been permitted at have been removed from its custody before the est any time to express its opinion upon the questions in- tion of the present charter, and before Congress had volved in the resolutions which he had moved. One of vided for its future safe-keeping and transmission, these resolutions respected the sufficiency of the reasons committee adopt the fact assigned by the Secretar assigned by the Secretary of the Treasury for the removal one of his reasons, but they studiously avoid saying of the public funds from the Bank of the United States; the fact was a sufficient reason. They agree with and the other presented the broad, plain, unembarrassed Secretary, that the bank ought not to be rechartered, question, whether any bank, under any circumstances, they do not agree with him that this was a good a and with any limitations and modifications that Congress for the removal of the money from its custody-at t might deem suitable, ought to be established. It must be their resolutions do not speak any such languageobvious to every one, sir, that the House has not yet de. House has not expressed any such opinion. clared its opinion upon these topics. At the commence- The second resolution declares "that the public de ment of the present session the President informed us ites ought not to be restored to the Bank of the Un that, "since the last adjournment of Congress, the Sec States. This is a very different question from that | retary of the Treasury has directed the money of the sented by the Secretary. He has removed the pa United States to be deposited in certain State banks de- money from the place appointed by law as its depus to signated by him, and he will immediately lay before you and he inquires, "Are the reasons for this act sat tory?" And we reply, "It ought not to be restore

Does not every body perceive that this is no answer to the question? Ought the act to have been done?-is one thing; ought it to be undone?-is another; and, in the minds of many gentlemen, within Congress and without, is a totally different one. In my own judgment, if it ought never to have been done, it ought, in the shortest practicable time, to be undone. If the money ought not to have been removed, it ought to be restored. But others, many others, think differently. It has been de

[H. or R.

reasons already suggested, scarcely less so in the minor. But they thought, doubtless, it was not altogether prudent to trust their conclusion to the judgment of the House. They leave that to be drawn by every one for himself.

In the last place, the committee recommend an investigation; or, as the honorable chairman said in his speech, "a sifting inquiry" into the affairs of the bank. For what? To determine whether it shall be rechartered?

Hared in debate, and by prominent supporters of the No; that has been settled already. To enable us to de

Uministration too, that they did not approve the act of he Secretary: that the removal was against their judgnent; that the reasons were not sufficient. Neverthe

cide whether the public money shall be restored to its custody? No; that also has been settled. For what? Why, to ascertain the causes of the present distresses of

est, the same persons are opposed to a restoration. They the country. Indeed! To find new grounds of accusation

eleve that, as the charter of the bank is near its expira, it must, at no distant day, commence the process of losing its affairs; that a return of the public money to its ustody would be but temporary; that a withdrawal of it preafter would be attended with some degree of inconenience and embarrassment; that the process has now cen completed, the evils experienced; and, upon the

and complaint against the bank--to seek for some show of justification for the arbitrary act of the Executive--to avert, if possible, the just indignation of an injured people from the author of their wrongs and their grievances. Are not these very desirable ends, sir? In my judgment, the committee have directly reversed the whole order of proceeding which should have been adopted. Investigation,

brale, that it is better for the community not to undergo if necessary at all, should precede action. If the affairs other experiment of transferring large amounts of money of the bank required investigation, that should have been am place to place, but to settle down under the present the very first step to be taken. The results of such in

rangement as soon and as quietly as is practicable. quiry and scrutiny would have enabled us to judge of wing the subject in this light, they are quite prepared the sufficiency of the Secretary's reasons, so far as they Magree that the deposites ought not to be restored, and depended upon facts assumed to exist. We should also gree also to the third resolution of the committee, that have been better prepared to determine whether the ate banks ought to be employed hereafter as the depos- deposites ought to be restored; and should at last have Ines of the public money: and yet they would by no reached that point from which the committee took their ans concede that the reasons of the Secretary are suffi- departure, and have met the question with our eyes open: Bat, or that his conduct was justifiable. They hold that ought the Bank of the United States to be rechartered? hasabused his power; that he has, without reason, viola- For one, I am not sensible that any investigation is at id a solemn engagement of the United States; that he has this time necessary or proper; but, to those who are of ted vindictively and oppressively towards an institution that opinion, it seems to me that, if expedient at all, which the Government is largely interested; and that it was expedient before the adoption of the resolutions has asserted for himself, and for the President, powers reported by the Committee of Ways and Means. Supbelonging to them, and whose exercise is an encroach- pose this investigation to result, as the friends of the bank Int on the powers of Congress, and dangerous to the confidently anticipate it will. Suppose that the facts aslenty of the people. They hold, or they may hold, all sumed by the Secretary and by the committee do not exstrong opinions, and yet, under the peculiar exigen-ist--that it has made no unnecessary or unjust curtailof the times, may concur in the resolutions reported ments; that the existing distress is not attributable, in any the committee, that the deposites ought not to be re- degree, to its conduct, but rather to the want of such an wed. It is quite apparent why the committee have thus institution in full and proper operation and vigor; that # forward other questions, instead of that which stood it has not corrupted the press or the people; that it has

sinly and palpably before us, upon the reasons of the Cretary. They have selected their strong positions. ey cover up the claims to unlimited power, the violahs of contract, the vindictive persecution, the assumpfacts which do not exist, and the inferences which ca assumptions do not warrant, in other general propotoes, so framed as to draw to them support which the ked question could never receive.

ey

lavesaid that the committee were ingenious in secretthe true question. They, first, made the question, aught the deposites to have been removed upon the asons which have been assigned;" in other words, "are reasons sufficient," identical with another, viz: 'ought to be restored?" I have already shown that these by no means equivalent questions. The answer to ie is no answer to the other. They then make that her to depend upon a third, with which it has no just conKon, "ought the bank to be rechartered?" In order arrive at the foregone conclusion, they start from these remises: 1st. The bank ought not to be rechartered. 1. The deposites ought not to be restored. And the inwrence is to be set down as fair and legitimate; therefore, te reasons of the Secretary are sufficient and satisfactory. ad erat demonstrandum.

Aware of the constitutional objections which prevail Petty extensively, in one quarter, to every institution of character established by Congress, the committee of quite safe in their major proposition; and, for the

not interfered in elections; does not aim at political power; and, in short, that all the charges against it, both definite and indefinite, are unfounded; the inference would seem most just and inevitable, that the reasons of the Secretary are not sufficient. It might also follow, that the opinion of the House would be, that the deposites ought to be restored; and it might happen that the sentiments of gentlemen would be so far changed, as the bank itself would be rechartered. if an investigation is to have any influence upon the decision of these questions, it might happen that all these conclusions would be reached. But having settled as definitively as the committee could settle these points, depending in a considerable degree upon the results of an investigation, they gravely propose to go in search of the very facts necessary to lead them to just conclusions upon the points themselves--necessary for those who deem an inquiry essential at any period. To those who regard the Secretary's reasons, upon his own assumptions and statements, insufficient, no inquiry can be necessary.

The committee have also been very careful to keep from the action of the House another important topic, intimately connected with the general subject of the currency, and which has been pressed upon their attention in numerous memorials. They have not trusted the House with the question, whether a national bank of any kind he necessary or expedient? They have indeed argued the question in their report, but they do not submit

H. or R.]

Gardiner (Me.) Memorial.

APRIL 21, 1834

it to our decision. We know that public opinion differs asserts the expediency of designating by law the future widely upon this subject. Many are hostile to the con- depository of the public money; and of defining by law tinuance of the existing bank; but they call loudly for all contracts for its safe keeping and transmission. the establishment of another, with other limitations So, also, in the resolutions of the honorable memben and other powers. Memorials were presented to the from Georgia, [Mr. GILMER,] the control of the pulle last Congress, as well as to the present, praying for a money is a trust delegated to Government-the right new bank. Why have the committee not presented this Congress to fix by law the places of deposite, and tr subject for the action of the House? Is there to be a duty of Congress to designate their places by law, and t non-committal upon it? Do they fear to express an opinion either for or against the project? If they should decide in favor of a new bank, do they fear that all those who are opposed to any and every bank might be induced to regard the question as simply one between the present and a new bank, and who might, in that view tion, the sureties to be taken, and the manner and tr of it, very much prefer the continuance of the present? on which the State banks are to be employed as places If they decide against any bank whatever, do they appre- deposite.

prescribe terms and restrictions, are positions distinc asserted.

The third resolution of the Committee of Ways Means declares "that it is expedient for Congress to mak further provision by law, prescribing the mode of sel

hend that those who are desirous of some bank, when all If the claims of the Secretary be well founded, a ci hopes of another are destroyed, would come to the sup- put forth more strongly and tangibly in the anomic port of the existing institution? The difficulty in which paper lately transmitted by the Executive to anct gentlemen who support the administration are placed is branch of the Government, whence the necessity of t quite apparent, and they have chosen to extricate them- utility of any law? The assumption is, that the cust selves from it by profound silence. The entire hostility of the public money belongs, and must remain, des to the existing bank, comes from two classes: from those the legislative power, in the Executive department. who desire a new one, and from those who desire none. "Congress cannot, therefore, take out of the han If, therefore, the committee, or the administration, should the Executive department the custody of the pe pronounce against all banks, the hostility of the former property or money, without an assumption of execut would be very apt to cease. If they pronounce in favor of power, and a subversion of the first principles of the c a new one, that of the latter would almost necessarily ter- stitution." This is the language of the President, a minate. In order, therefore, to retain the support of both sufficiently distinct and intelligible. There can be parties, we are left in uttter ignorance of the policy of the misunderstanding of its terms and meaning. Government upon this important topic. I know, indeed,

It is somewhat variant in terms and forms of exp that the President purposes to try the experiment of the sion, but not in substance or spirit, from the claim State banks, until he thinks it has failed, and then prob- forth by the Secretary in his letter. The legislative pa ably even he would not consider himself committed er over the money of the people, is curtailed, lime against a national institution properly limited. There is denied, almost annihilated, in these monstrous as great anxiety in the community to know the sentiments tions of executive power. If they be well foun le of Congress, and of this House, upon the subject. What whence the necessity of any law? Yet gentlemen pro is to be the future regulation of the currency? What "to make provision by law"-" to fix by law,"-" control is Congress to exert through the medium of a na- designate by law." Are not these propositions a re tional institution? In what way are the fiscal operations of of the executive claims; an abandonment of the Ser the Government to be carried on hereafter? Upon these ry's assumptions? Whence have gentlemen diserver questions depend great interests of the people of this the necessity of "provided by law?" Do they perc country. They have a right to know our judgment, and that the powers claimed, and exercised too, by the to have our answer to their inquiries. We have yet made ecutive, are so repugnant to the whole spirit of our i no response. The resolutions adopted by the House steer tutions, so unwarranted by the constitution and the lat wide of the subject. All those who voted for them may so dangerous to the liberty of the country, as to requ to-morrow vote for a new bank or against it without incon- to be checked and restrained? Do they perceive that sistency. They may also vote that the reasons of the people will not acquiesce in the prostration of the lef Secretary for the removal of the deposites are insuffi- mate power of their representatives, and the union of cient, and yet successfully defend themselves against a most dangerous powers of the Government in the b similar charge. It is, therefore, to procure, if possible, of the President? Do they perceive that legislatio the solemn and deliberate judgment of the House upon necessary to restore confidence, and to rescue the cou these questions, which have not yet been decided, that I from impending danger? But, sir, upon the principle have moved the resolutions under consideration. I hope the committee, where is the necessity of any law? of that they may be met directly, and that they may receive avail is it to enact new provisions? Have we not a lawa a distinct and unequivocal opinion of the House. They in existence, requiring the public money to be depos may be evaded, I know, by being laid upon the table. in the Bank of the United States? I know the ans Gentlemen who do not wish to commit themselves, if which has been given, to show that the Secretary ha such there are, can escape in this mode. For myself, I violated this law; and allow me to say that the same desire no such cover upon this or any other subject, be- swer will apply when he violates the new law by w

hind which to retreat.

you may attempt to restrain him. What new regula

The reasons of the Secretary have already been very will you frame? Will you allow the Secretary any amply discussed, and my observations upon them shall be cretion, any control, any provisional power? How brief. Some of the grounds assumed by him, seem to me will he meet your complaints of violations of du' to have been abandoned by the committee, and by other abuse of power, when he chooses to disregard your gentlemen who have sustained his general course. The He would doubtless contend, as he might upon tần Secretary claims "ex virtute officia," the control of the ciples asserted by the committee, that the law "gram public money-the rightful, exclusive possession of it- new power" to him "on the contrary, as far as t the unlimited, unrestricted power which the bank charter rates at all, it is a reservation of the power which does not impair, to direct the place for its deposite and existed"-and that "being a reservation and not safe keeping. These are positions which do not seem to

have found much favor in the House.

The resolution of the honorable member from Alabama

of power, he retained all the powers over the put ney which he before possessed" - he would argue fro practice referred to by the committee; of the first So

I

APRIL 21, 1834.]

Gardiner (Me.) Memorial.

[H. or R.

tary of the Treasury, and all his successors in that office, of gress, unless the Secretary shall order and direct, the directing where the public money should be kept; and of public treasure must remain, he says, in the custody of "uniform usages," that it is placed by law "under the ex- the bank, until the last moment of its existence. clusive power of the Secretary, subject to the supervision In this view the Secretary is supported by the majority of the President." Then comes in the oath of the Presi of the Committee of Ways and Means, but not, I trust, dent, to execute the laws faithfully, "as he understands by a majority of the House. Among others, the honorathem;" and where are the new restraints that you pro- ble member from Georgia, [Mr. GILMER,] who always pose to throw around him? Sir, these are the ingenious addresses the House with great force and ability, repudiarguments, which are now used to justify the palpable ates these doctrines. His resolution asserts that Congress evasion and abuse of the existing law, and will they not did not, by the charter of the bank, "relinquish its right be equally efficient hereafter? Fortified, too, by that of controlling the deposites of the money of the United new doctrine which has been just promulgated, that Con- States, whenever the public interest should require its gress cannot, without usurpation, take the custody of the exercise." The gentleman finds himself at issue with the public money from the Executive, how confidently might Secretary and with the committee. This claim of power, The Secretary set your proposed law at defiance? If, by the Secretary, to himself, and the denial of it to Conherefore, gentlemen are serious, as I trust they are, in gress, however it may be acquiesced in by the House, is esiring some regulations by law, which shall be respect- not destined to meet with much favor, I apprehend, from and efficacious, let them assert the supremacy and the the people. They are not yet prepared to dispense with majesty of the law, by rebuking evasions and violations their representatives. They have some confidence that it whenever they occur. Let them vindicate the au- the legislative department-that those chosen immediateority of the law, and maintain it, against exexutive en-ly by themselves, and responsible to them, are quite as quite tachments. Let them restore the constitution, the safe guardians of their interests as any officer appointed preme law, to its ancient foundations. Let themnot, when by the Executive, and responsible to him. They believe legislative power is usurped, and annihilated, let that ours is a popul popular Government, in which their rule, em not attempt to avert the arm of encroachment, by expressed through their representatives, is to prevail. ew provisions, which go to recognise the justice of that The features of our constitution which most commended urpation. Sir, we must vindicate the law as it is, before it to favor, and secured its adoption, are its popular feacan expect that any new legislation will provide new tures. The people have not forgotten the jealousies which curities. If the Secretary and the President be right existed at the time of its formation, in relation to the exthese claims to unlimited power over the treasury-if tent of the executive power, nor the arguments with ey have always existed, whence the necessity now, for which those jealousies were encountered and removed. first time, to regulate and control it by law? Have not And, knowing this, they are not ready to surrender the e public funds hitherto been safely kept-promptly popular branch of the Government to the Executive. ansmitted, and honestly disbursed as occasion has re

ired? What has occurred to open the eyes of gentleen to the necessity of further legislative enactments? Is That the monstrous assumptions of power on the part the Executive, and the flagrant abuses which have en permitted, require to be corrected? And how corled? By law! Restrain arbitrary power by law? No, we must take care that the present laws be faithfully recuted, before we propose new ones as additional ards and restraints.

They do not desire to see it limited or curtailed of any power which it possesses; for its rights are their rights, its powers their powers.

In relation to the reasons of the Secretary, it is worthy of remark that not one of them respects his official connexion with the bank, or is founded upon his official control over the finances of the country, unless it be that which relates to the time of the expiration of the charter, and the inconveniences apprehended from withdrawing suddenly so large an amount as might be expected to be in deposite at that period.

The power claimed by the Secretary is a power to re. a law of Congress, whenever, in his judgment, it would in any degree promote the public interest." The law, as it now stands, is imperative. The deposites No necessity was perceived for stipulating that it should must be made in the Bank of the United States, unless cease to enjoy the full benefits of its charter, at any period Secretary shall otherwise order and direct, for reasons prior to its extinction. It was not to lose its franchises be submitted to Congress. Now he says, I have the by degrees. The Secretary assumes to amend or revoke clusive power over the deposites; I can dispense with an act of Congress, for reasons perfectly known to Conis law, provided 1 assign "reasons" for it-any reasons, gress when the act passed, and which it did not deem of od or bad. The only condition imposed upon me is, sufficient importance to make the ground of any provisat I shall not vacate a law without giving reasons. Is ional arrangement. As to the inconvenience anticipated not evident, if this be the construction of the law, that by the Secretary, from a sudden withdrawal of the deposThe Secretary may at any moment dispense with it? Rea-ites at the extinction of the charter, there seems to be no us he can always give; and these, he intimates, may be well-founded belief that any will be experienced. For, bat, in his judgment, the public convenience, in some although he says in his letter, "judging from the past, it egree, would be promoted. Suppose the Secretary to is highly probable that they will always amount to several deposites, and to assign this simple reason: millions of dollars," yet, in his annual statement of the opinion, public convenience, in some degree, is finances of the country, at the commencement of the promoted by it. Would that satisfy any body? Yet it is session, he estimates the balance in the treasury, 31st reason; and the Secretary distinctly asser's that, in such December, 1834, at 2,981,796 dollars. He also says, case, it would not merely be his right, but his "duty," "under the act of last session, the receipts of 1835 will make the change. This is, in his opinion, a sufficient be less than those of 1834," and recommends great econDeason. This extraordinary claim to vacate a law is renomy in the appropriations, as otherwise the treasury will dered still more extraordinary, coupled as it is with a not be able to meet the expenditures. The idea, there. denial to Congress of any power or control over the place fore, of "several millions" being in deposite at the close of deposite of the public moneys, during the continuance of the charter, is abandoned by the Secretary himself. Is of the present bank. However imperiously the public he serious in the belief, "that the ability of the bank to Interest may demand it, however unsafe the public funds be prompt in its payment to the Government," at that may be, however the bank may have violated its duty to time, may well be doubted? It has already been concluthe Government and the country, in the opinion of Con- sively demonstrated, that the public moneys remained in

The time at which the bank would cease to exist was well known to Congress when its charter was granted.

move the

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