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view, I have no doubt that he has witnessed it with deep respectable public journal, of any political party, would regret and sorrow, as he suggests in that same message. disgrace its columns with the republication. His opinion with regard to the conduct of the present "rumor," however, have arisen from what source it bank, developed since 1832, may have materially changed may, I have no hesitation in pronouncing it a gross, unin reference to that particular institution and its manage-founded calumny, and defy my honorable colleague to ment, without any change in the abstract principle, and produce the shadow of a shade of testimony in its supwithout subjecting him to the charge of either vacillation port. or subserviency and cringing to the will or power of any

Although, Mr. Speaker, I have already occupied much one, however dignified, popular, or respectable. That more time than I had intended upon this part of my colthe opinions of many of the wisest and best men in the league's remarks, and must here tender my acknowledgnation, as to the expediency of the continuance of the ments to my fellow-members for their indulgent attention present bank as the fiscal agent of this Government, have to me thus long, in replying to what I did not consider as undergone considerable change, from the manner in which having been fairly introduced here, being calculated units affairs have been conducted for the last two or three necessarily to widen the range of discussion on the subject years, I think no one will pretend to doubt. Before I before us, I feel constrained to ask a brief indulgence close my remarks, when I shall come to speak of the rea- further, in order to recur to a small portion of the history sons given by the Secretary of the Treasury for removing of the public concerns of that Commonwealth, with a the deposites, and why they should not be restored to view of showing how much Pennsylvania is indebted to the bank, I shall refer to some matters which have been the wisdom and efficiency of her present Chief Magistrate developed in the conduct of the bank, which, it would for the prosperity which has prevailed throughout her appear singular to me, would not have the effect of pro- borders during his enlightened administration. When he ducing considerable change upon any honest, unbiased has been assailed here as he has been, it is no more, I mind upon that subject, and which exclude all idea of think, than what is due to honest, unassuming merit. either inconsistency or subserviency to the will of any When Governor Wolf was chosen by his fellow-citizens, body. I believe there is no one, of any political party, and entered upon his administration, in 1829, he found personally acquainted with Governor Wolf, who will not the affairs of the State in a critical and embarrassed situaagree with me in saying that the charge of subserviency tion. She had then been engaged in an extensive, magand abandoning his own opinions for those of others nificent, and widely-diffused system of internal improvemight be made more successfully against almost any other ment, during three years preceding. She had contracted man. His firmness and independence in the free expres- a debt for her public works of about ten millions of dolsion of his honest opinions, let them differ with whom they lars. Those works were scattered over various parts of may, is proverbial with those who know him. her surface, scarcely any of them finished, and none of In the remark that "rumor says the change was effect- them producing any profit. Daring the summer of 1829 ed in one night," I can feel that there is more than meets her credit had so far sunk that the necessary funds could the eye or falls upon the ear-an imputation of deeper not be procured upon loan, on any terms, to prosecute import than I can persuade myself to believe my colleague her public works; and his predecessor, Governor Shulze, could have intended-a charge of impurity of motive- who, although one of the most amiable, honest, and upwhich I feel bound and called upon, by a regard for hon- right of men, was deficient in those energies necessary to est worth, substantial virtue, and patriotic merit, to repel qualify him for the exertions of a Chief Magistrate under with some degree of indignancy. Sir, I feel and know such emergencies, convened the Legislature in November that, in this imputation, the most gross and flagrant in- of that year, one month earlier than the constitutional justice is done to an honest, upright man. I have had period, to devise some plan by which the threatening evil the honor and pleasure of an opportunity of knowing might be averted, but without any beneficial result. In Governor Wolf, from an intercourse of some intimacy for December, Governor Wolf was inaugurated, in the midst the last few years, and an acquaintance with his charac- of this dark calamity which then surrounded the Comter, and can assure my colleague that he is as far above the monwealth: her credit was sunk, her energies prostrated, imputation which the remark is calculated to cast upon and nothing but clouds and darkness hung around her him, as "heaven is above the meanest spot of earth." affairs, thickening in the gloomy perspective; all was disWhere he is personally known (and I am aware that he order and confusion; the whole system in which she had is so to several gentlemen here) he needs not any feeble expended vast sums of money had become unpopular, and effort of mine to vindicate his character from such an im- many of its former friends were ready to adandon it alto. putation. As far as I have ever heard, it would be con- gether, in hopeless despair. The Bank of Pennsylvania, ceded by his personal acquaintance, by whom he has too, then seeking to coerce a renewal of its charter, been even politically opposed, that he has ever ranked as sought this favorable opportunity to increase the embarone of our most upright citizens, as an accomplished rassments of the State, in order to effect its purposes. scholar, and as a profound and independent statesman; What was to be done, was a question of deep anxiety and and, without disparagement of any of his predecessors, it perplexing concern to the governor. To stop the pubmay be safely asserted that Pennsylvania has never enjoy. lic works, and abandon the whole system, in which ten ed, as an Executive head, a more intelligent, faithful, or millions of dollars had already been expended, and suffer efficient Chief Magistrate. I know not whence the the whole to go to ruin, could not but be a deep disgrace "rumor" mentioned by my colleague originated. I feel to the State, whatever might have been the policy of the assured, however, he is utterly incapable of starting so undertaking at its commencement-whether wise or imsilly and baseless a report. It may be that he has seen a provident. To proceed was surrounded with so many paragraph which I noticed some time since in the Penn- difficulties, doubts, and uncertainties, as to be apparently sylvania Telegraph, a paper published in Harrisburg, sufficient to discourage and deter the most resolute and Pennsylvania, only notorious for its witless political false determined. He decided, however, on the latter, under hoods, in which it was stated, in substance, that Governor all those trying circumstances; determined on prosecuting Wolf's message of the 26th of February was produced to completion the scattered and detached parts of the unby a proffer that his name should be placed on the demo- finished works, and bringing them into profitable use as cratic ticket as a candidate for Vice President. My col- speedily as possible; and having, as determined, suggestleague, perhaps, not knowing the character of that paper, ed prompt and decisive measures in relation to them, may have based his remark upon the paragraph referred pursued them vigorously and firmly. The Legislature were to; but he might have observed, as I did, that not a single reanimated; his suggestions were adopted; confidence

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was restored; the stocks rose to a premium on the five gislature then, as far as they did make an expression, per cent. loans, varying from five to fourteen per cent.; were forced into it by memorials; and those memorials order and system were planted upon a mass of chaotic mostly from State banks, coerced, no doubt, by the confusion and disorder; the detached works have been United States Bank, to have them prepared and present completed and brought into operation; and I doubt not ed. It would seem, then, pretty manifest, that the that two years more, under his administration, will con- United States Bank stands behind the scene-plies the nect the waters of Lake Erie with those of the Delaware, machinery of torture upon the State banks--drives them by a continued line of canal and railroad within the limits to memorialize the Legislature of Pennsylvania, whose of that State. To any one at all conversant with the financial concerns are operated upon at the same juno affairs of Pennsylvania, this short statement will be per- ture and by the same secret power to implore Congress fectly familiar. It would seem to me, then, that some- to restore the deposites to its vaults, in order that it may thing like certainty of evidence ought to exist, upon by the use of similar means hereafter, force a renewal which to base an imputation upon the public character of of its charter. And because that body happened a fellow-citizen of irreproachable integrity, occupying possessed of intelligence enough to discover, and spirit the high, honorable, and responsible station conferred sufficient to spurn, all this artful jugglery attempted to upon him by the unbought confidence of a body of en- be practised, they, too, must become the subject of lightened freemen; whose services had been so eminently abuse and reproach, as degrading "the manly spirit of useful to his country; and the utmost caution and charita- State pride," and cringing to Executive will. Sir, I ble construction extended in the investigation of that evi- have the pleasure of a personal acquaintance with a large dence, before his conduct, much less his motives, should proportion of the members of the Legislature of Penn be assailed. But I feel the most perfect confidence that sylvania who had recently closed their session; and I feel Governor Wolf stands fully acquitted of any charge upon a pride as well as a duty imposed on me by my coleither his conduct or his motives, before that intelligent league's remarks, to say that I know them as a body of community of which he is a member; and, in that confi- high-minded, honorable, and intelligent men, who, in dence, shall dismiss that part of the subject relating to him. point of liberality of sentiment, business, industry, and The Senate also of Pennsylvania has been so unfortu- talents, and practical knowledge of the public affairs of nate as to incur the rebuke of my colleague, as not ex- the State for which they have legislated, would not suf pressing, in their resolutions on the subject of the bank, fer in comparison with any legislative body in this enthe views of the people, if that people are not "lament- lightened Union. As evidence of this, did time permit, ably deficient in a manly spirit of State pride." If a non-and were it a proper subject of discussion here, I might submission to the dictation of the bank and its friends be refer with triumph to their legislative enactments. It the criterion of his censure, he might have extended his might, perhaps, not be improper to state that they passed animadversion to the House of Representatives also. upwards of two hundred and fifty laws, and resolutions If the Senate passed the resolutions against the rechar- having the force of laws, many of them of the utmost ter of the bank, and the restoration of the deposites to useful importance, among which was one establishing a its vaults, attached to the report of their Committee of system of common school education, referred to by my Ways and Means, the House of Representatives, with colleague, which has been long felt as a great desidera equal promptness, and "subserviency and idolatry," (1 tum in that State, and which was a favorite object of suppose he would say,) refused to take up resolutions Governor Wolf, and always zealously and forcibly reoffered in that body in favor of the bank, by a vote of 35 commended in his annual messages. to 51. I think I am not mistaken, therefore, in consider- Mr. Speaker, it must be a difficult and desperate posi ing the whole body in both Houses of that Legislature as tion which my colleague has undertaken to establish, included within my colleague's remarks.

which requires him first to establish, and that without How did the subject of the recharter of the United the shadow of proof that I have been able to discern, States Bank and the removal of the deposites come be- that the Governor and the Legislature of Pennsylvania fore that body? Was it taken up, as subjects of a national would, without any assignable motive, sacrifice the best character are generally noticed, by the passage of reso- interests of the country for the mere pleasure of inconlutions by State Legislatures? No, sir. In the com-sistency, subserviency, and idolatry of any individual. If mencement of the able report of the Committee of Ways those enlightened and honorable public functionaries, and Means in the Senate, drawn, I presume, by Mr. with all the lights which their stations afford to them on Petrikin, its chairman, I find the following declaration, the subject, have expressed an opinion against the bank after stating the memorials referred to them, requesting in its present controversy, as my colleague would seem that the Legislature of the State "would use their ef- to assume, it is most unfortunate evidence to be produced forts and their influence with Congress to obtain a resto- by its advocates here in its favor. It is evidence of a strong ration of the Government deposites to the Bank of the and weighty character against its high pretensions to a United States:" "That, for themselves, they should continuance of its charter, or the possession and control have been content to leave this question to the Govern- of the public funds. It may be confidently assumed, as ment of the United States, to which it now appropriately undeniable and incontrovertible, that they have neither belongs; but this has been rendered impossible by the formed nor expressed such opinion, without the most ma memorials which have been referred to your committee. ture and unbiased deliberation on the most substant al They are now left without an alternative, and will there- and unquestionable grounds.

fore, in obedience to the will of the Senate, proceed to But the people, ay, the people, too, of Pennsylvania, are present their views upon this important subject." Then brought under the animadversion of my colleague, ard follows the report, to which are attached the resolutions, a humiliating confession must be made on their behalf "that the present Bank of the United States ought not for their political sin and folly, in contributing to the to be rechartered," and "that the Government depos- clevation of the present national Chief Magistrate. Gor. ites, which had been withdrawn from the Bank of the erned by an impulse of gratitude for military achieveUnited States, ought not to be restored." It clearly ments, and dazzled by his military glory, as my colleague appears, then, that the State Legislature was memorial-represents, they have committed the horrid crime of ized "to use their efforts and influence with Congress suicide upon Pennsylvania policy and Pennsylvania in to obtain a restoration of the deposites to the Bank of terests, in promoting the administration of one who is the United States"-a course entirely unprecedented as represented as having it "specially" in view to prostrate far as my experience of legislation extends. The Le-Ther interests "in the dust," and "sacrifice and trample

it into interminable extravagance, it will conse

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under foot her distinguished sons," &c. The people of extreme; and this appears to have been the fate, in some Pennsylvania are feelingly and pathetically appealed to, degree, of that measure. Had a judicious tariff been as having been the stupid, submissive instruments in the adopted, and regularly established upon a moderate radestruction of their own interests; as having "bowed their tional basis, affording means of support to the Governnecks to the yoke of power, exerted to prostrate their ment, and, at the same time, so laid upon those articles prosperity," and "kissed the rod that smote them." This only, in the manufacture of which there was a competiis not the first time the good people of that State have tion between our own artists and those of foreign counbeen addressed in a similar manner. Incessant appeals tries, it would have been highly beneficial in its results of this character have been made to their dearest inter- to our manufacturing and other interests. But how was ests professedly, for the last five years, to my certain it? It was got up as a hobby for certain politicians to knowledge, until they have grown stale and sickening; ride upon--the epithalamium of the American system. and yet we have it repeated even here now, almost in American system! was continually sounded in our ears-the same breath, that, up until at least October last, or every one denounced as an enemy to the country who since, "the sun never shone upon a more happy, pros- was the least moderate or rational on the subject. As perous, and improving country;" and I think I shall be the violin string, stretched to its utmost tension, must able to show presently, that its prosperity and improve- snap asunder, so this system was wrought to its highest ment have been on the rapid increase ever since that pe- pitch, until its boasted father found it necessary to knock riod, Sir, to this description of declamatory appeal, ad- it in the head with his own hands. So the system of dressed to State jealousy and local interests, I entertain internal improvement by the General Government, if the most sovereign and instinctive aversion. There is confined to works clearly of a national character, and disunion in it--nullification of the rankest character; necessary for national defence, based upon rational, sound which, if not met and beat back by the honest intelli- calculation, may be adopted with immense usefulness gence, enlightened liberality, elevation of sentiment, and to the country; but, if used by distressed politicians for enlarged patriotism of a magnanimous and generous peo- their purposes, to produce political excitement, and run ple, must speedily produce, through its natural quences, a disruption of this peaceful, happy, and pros- abandoned altogether as a part of a "triple-headed monperous confederacy, and destruction of that harmony and ster"--monster truly in the scale of public policy, if national pride which is essentially necessary to cement carried to the extent to which some political enthusiasts and seal the bonds of the Union. The object of this would urge in the heat of their political zeal; and I Government and its laws is the happiness and prosperity presume it was only the system thus extravagantly enof United America; not of this or that particular State, larged beyond all rational bounds, which was spoken of but of all united in one. The interest and prosperity of as a monster in the paragraph referred to by my coleach separate State are within the province of its own league. I am not apprized of any special claims which local Legislature. We are citizens of America--mem- the United States Bank has upon Pennsylvania, that her bers of the American family; and the President, so far people should cling to it with such wedded affection as as is proper for him in recommending measures of policy to consider it a part of her peculiar policy, excepting to Congress, must extend his views to embrace the whole; that it is located in Philadelphia, the metropolis of that and it would be a tacit charge upon his fidelity and offi- State. Although I am willing to admit it has been of Cial honor for any one State to claim or expect his par- some service to the country, and, confined to its legititiality on the ground of having contributed to his elec- mate purposes, might be of essential benefit to the Govtion. As representatives from Pennsylvania, it would ernment and to the people, yet it has only been when perhaps be the duty of my colleague and myself, at least its friends are pressing its own particular interests, and it would be excusable in us, to use all fair and honorable when some election in which it feels itself interested means to promote the interest of our own State, if that is to be carried, that we can hear much of its great imshould be the highest possible tariff; the improvement portance to Pennsylvania. In the calamities of 1829, by the National Government of every creek and rivulet which I have mentioned-when there was real, not artiwithin our borders, and the making of a canal, railroad, ficial distress and embarrassment, although the bank had of turnpike past every man's door; or the continuance not then been assaulted by any branch of the Govern. of the bank; but if these do not comport with the gene-ment, and was in the full tide of successful operation-Pal interests of the whole Union, it is our duty to yield to there was a perfect silence on the subject of its great that, and encourage those whom we represent to do the usefulness to that State. Of the evils which it has prosame, without a murmur or complaint. Suppose my duced in its management, I shall have occasion to speak colleague to have received a large vote in a particular hereafter. The land bill, as it has been called, which township in his district; he is elected, and some meas passed both Houses at the last session, will probably be ure comes up in which the people of that township take before us again for discussion during the present session, a deep interest; but it conflicts materially with the in- and this is not the time to advert particularly to its merits; terests of other parts, so that it would be improper that but I am not aware of any one of its provisions which adit should be adopted; and they address a memorial to him dresses itself particularly or exclusively to Pennsylvania, urging it upon his consideration, because they contribut- that she should adopt it as peculiarly meeting her wants ed to his election as their representative. Would he not and situation. It is said that it would have brought into feel himself humbled, nay, insulted, by the suggestion? her treasury $300,000 annually. If this be so, and at the If he will recur to his course of remarks, I know he can same time it would have the effect of taxing her citizens at once apply the simile. But let me ask, what great in an indirect form, as I believe it would, to a greater and important measure of policy in which Pennsylvania amount, or if it would render her subservient to the Napeculiarly interested, has our much-abused President tional Government further than the constitution contemprostrated and trampled in the dust? The tariff, inter- plates, or subject her to a slavish connexion with this Govnal improvement, the bank, and the distribution of the ernment, prostrating her State pride and sovereignty beproceeds of the public lands, have been mentioned. It yond the terms of the constitution, or would inflict gross is not my purpose here to discuss those important sub- and manifest injustice upon some other sister members of jects; but, as they have been referred to, I shall give them the Union, I have been mistaken in the intelligence, high a passing notice. I am aware that the tariff, to a certain liberal sentiments, and "manly spirit of State pride," extent, has been a favorite measure in my State; but for which her citizens have ever been distinguished, if every measure of public policy may be carried to a fatal they would even assent to it, much less adopt it, and cling

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to it as a measure of her peculiar policy. ever, of this, until we come to discuss the bill when it shall come before us.

Enough, how- that State furnishes facts which show that business is merits of that lively; merchandise and the products of the country are thickly wafted along her public works; emigration rush

Sir, the people of Pennsylvania have not given their ing to her fertile lands; the energies of her active, indus suffrages to the present Chief Magistrate of this Union, trious, and enterprising population all alive; and health, from a blind, enthusiastic impulse, dazzled by his military prosperity, and happiness, gladdening every heart, and glory, as my colleague's remarks would make the impres- beaming upon every countenance. As far as I can gather sion; but from a knowledge of his honest worth and pat- from all sources, notwithstanding the discouraging and riotic virtues, his fearless and manly independence in the disheartening efforts of the new-born Whigs in that region, faithful discharge of all the duties imposed upon him, his and the attempts of the bank and its managers to embarunshaken firmness, and substantial devotion to the interests rass her affairs, and their partial success in inflicting some of his country. They did not support him as the mere distress for a season, her situation now is as prosperous, hero of New Orleans, however valiant his conduct, or and her prospects as fair, as at any former period. brilliant his achievements, but as a veteran patriot, "an Having thus long trespassed upon the time of the House, ancient landmark in the stream of time," a statesman much longer, I must confess, than I had intended, in notic practically schooled in the original principles of the con- ing the remarks of my colleague, [Mr. MCKENNAN,] which stitution and laws of the land, well and thoroughly tried and relate more particularly to the State which we in part known to them, not for hollow professions of patriotism, represent, I shall proceed, as briefly as possible, to the but for acts, and practical, substantial services of the most consideration of the questions now properly before us. important and patriotic character; and were his second The original resolution necessarily involves the question election to take place to-morrow, notwithstanding all the of the removal of the deposites from the Bank of the vehemence and bitter abuse that have appeared here upon United States, and has so been treated by those who have paper against him, from that quarter, I feel satisfied they preceded me. If the removal was a necessary and proper would contribute as largely to his elevation as before. measure, then the adoption of this resolution, I think, They are too intelligent and discerning to be cajoled and will be admitted to be necessary. The amendment deimposed upon by political jugglery, and hypocritical pre- nies the sufficiency of the reasons of the Secretary of the tensions of vast attachments to "Pennsylvania rights, Treasury for the removal. So that the question present Pennsylvania principles, and Pennsylvania interests," and ed for consideration is the removal of the deposites from too liberal to expect or wish that the interests and prosperity of the Union should be sacrificed for any supposed It has been alleged that that measure was in violation schemes of local policy, even should they be found some times, to some extent, conflicting.

the Bank of the United States.

of the constitution, a breach of the contract with the bank, and unjustifiable and inexpedient on the score of pubhe policy. Before I enter upon the merits of these grave

My colleague [Mr. MCKENNAN] has told us that, "at the time the wanton, fearful, and ruinous experiment and weighty positions, I wish to observe that, however upon the industry and currency was commenced, the sun much I admire eloquence and scholastic beauty, belles never shone upon a more prosperous and improving coun- lettres and elegance of composition, sentimental poetry try" than Pennsylvania. "But suddenly the scene is and adornments of style, plucked from heathen my changed! The cries of deep distress salute our ears;" thology and ancient history, when introduced on proper "commercial credit is destroyed; manufacturing enter- and suitable occasions; and however much I may have prise paralyzed;" and "ruin" and "desolation" spread been gratified, as I confess I have, with the brilliant dis over the land, &c. Mr. Speaker, I know not whence he plays made here, as flights of cultivated taste and imaghas received his information; but all the information 1 can nation, and mere literary productions, I must be allowed receive, which is substantial and tangible, is precisely the to view them as entirely inappropriate and inapplicable reverse, notwithstanding what has been represented by in the investigation of such dry and legal questions as are numerous memorials here. I find, by the prices current, presented in this discussion. Were I even master of these the markets about the same as they were at the corre- high and captivating attainments, which I do not profess,

sponding period of last year, in various parts of the State; and that the price of labor is about the same as formerly. In 1829, as I have before stated, the treasury was exhausted, and not a dollar could be obtained on loan on any terms, and the debt was about $10,000,000 for unfinished and unprofitable works; but I see by a late report, made by the State treasurer, on a resolution of the House of Representatives, published in the Pennsylvania

I should prefer giving my views in the plain and unvar nished style of the constitution and laws of the country. would beg leave, also, to remark, that when the hue and cry was first raised about the removal of the deposites, it seemed to me, and still does so, in itself, to be a matter of no very important moment-a measure that had often been adopted before, without any excitement existing o the subject; and that if the same proceedings had take

Reporter of 1st of April, that there was a balance in the place in relation to some humble individual, however hom treasury, after the payment of the interest on loans, &c. est and upright a citizen, it would have passed off in per of $367,423 30. I see by the same paper, of the 25th of fect silence. But the whole subject has had an artificial April, that the receipts of toll on the canal and railroad, and factitious importance attached to it, from the high counting until the 1st of May, were something more than pretensions and claims of the rich and powerful corpora $110,000; while those up to the same period last year tion whose interests are supposed to be affected by it were but $34,238; making an increase of more than The zeal and noise manifested by that institution and ita $75,000, and more than tripling the receipts of last year. advocates, on the removal of the deposites, reminded me By the report of the canal commissioners of that State, it of the old lady in the fable, who was disposed to shroud appears there are now finished, and in operation, six hun- the whole world in darkness, and throw all nature into dred and twenty-three miles of canal and railroad, and they confusion, simply because she had lost her favorite little are rapidly prosecuting to completion those parts under dog! But questions of the utmost magnitude, involving contract and not yet finished, when there will be seven principles of the constitution and laws of the nation, and hundred and twenty miles in full operation. I see by the affecting the official acts of the highest public function Pennsylvania Reporter of the 2d of May, that five hun- aries, having been started upon this measure of the Gove dred canal boats have been regularly registered, and now in ernment, and pushed with much weight of talent, and ap constant use, and twenty locomotive engines for the rail parently earnest zeal of declamation, it becomes necessary roads-fifteen for the Columbia, and five for the Portage to give the subject a careful and extensive examination railroad, and every newspaper and letter I receive from all its bearings; and although I cannot say, as has bren

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said by some honorable gentlemen on this occasion, that The constitution clearly marks out and defines the di

I belong to no party, yet I can say, in truth and honesty, that I have given the whole subject a close, full, and candid investigation; endeavoring, and I think successfully,

vision of powers in this Government into three separate and distinct branches, designated as the Legislative, the Executive, and the Judiciary. The first section of the

to divest myself of all partisan feelings and prejudices; first article provides, that "all Legislative powers herein calmly and dispassionately viewing the facts and argu- granted shall be vested in a Congress of the United States, ments, not as an advocate, with a view of sustaining the which shall consist of a Senate and House of Representa, one side or the other, but as a judge, or juror, disinter-tives." In order to indicate the powers given up to the estedly laboring to extract the truth from all that could National Government by the State Governments, the be advanced on both sides. I propose, then, Mr. Speaker, eighth section of the article relating to the Legislative to present the result of my examination of the grave and branch, designates the subjects agreed to be yielded to weighty questions of constitutional law and public policy, the General Government; the Legislative branch being to which this subject has given rise, under three points of the most important, as being the basis for the action of view, as covering the whole ground of debate, viz: the other two. The first section of the second article

Was the removal of the deposites from the Bank of the United States, in violation of the constitution and the laws? Was it illegal, and a breach of the contract with the bank, as contained in the charter?

Was it without sufficient cause, either on the score of public policy, or arising out of the conduct of the bank? The charges of violation of the constitution in this measure, have been aimed at no less a personage than the President of these United States, chosen to fill that high and responsible station by the voluntary choice of the en

psovides, that "the Executive power shall be vested in a President of the United States of America;" and, in the third section of the same article, " he shall take care that the laws be faithfully executed." The third article, in the same manner, vests "the Judicial power of the United States in one Supreme" and other courts. The Executive power vested in the President, as the Judicial in the courts, is precisely co-extensive with the Legislative power vested in the Congress; that is, the President is to carry into execution, through the various departments and offi

lightened freemen of this Union. The violation alleged cers placed under his control, the laws enacted by Con

to have been committed by the President, was in the dismissal from office of Mr. Duane, Secretary of the Treasury, who differed from him in opinion on this measure, conceived to be of some national importance; and who, it seems had promised to resign, but did not; and in the ap

gress, and the courts to construe those laws and decide upon their legal meaning in their application to cases which may arise under them. To legislate, to prescribe rules for the government of the nation, and for the regulation of the various departments, and to direct what shall

pointment of Mr. Taney to that office, whose opinions on be done, and how and when to be done, the Congress, as the that subject were known to correspond with those of the representatives of the people, are all-powerful; supreme President. These charges have been dealt out in no within the scope of the subjects yielded by the States. But measured terms of denunciation, abuse, and vituperation. it was the policy of the framers of the constitution, clearly He has been proclaimed as a tyrant, a despot, usurper, announced in that instrument, that Congress should have "seizing the money of the people in the one hand, and nothing to do with the carrying into execution their laws, the sword in the other;" and an honorable gentleman of or their application to particular cases; the one being South Carolina [Mr. PINCKNEY] has added, by way of vested in the President and the other in the courts; excempleting the sentence, I suppose, "and his foot upon cepting the power of impeachment of the officers in either the constitution." The republican President of this en- of the other branches for misconduct. This is the general Lightened people, has been compared to Bonaparte, Crom- plan of the division of powers pointed out in the constitu

well, Cæsar, and almost every tyrant and usurper who has been supposed to disgrace the annals of history with his cruel actions, without any points of resemblance to warrant the comparison; but gentlemen would seem to have forgotten, in referring to the history of those usurpers, that, in every instance, they rose to usurped power through the prostration of Executive authority.

I confess, Mr. Speaker, that I approach the examination of this question with unfeigned diffidence, when I consider the high nature of the charges preferred, the elevated character against whom they are levelled, and the revered instrument, (the constitution,) on the construction of which they are to be tested.

I am a new member here, and this, I may say, is the first time I have attempted to express my views before the assembled wisdom of the nation.

tion, and is universally true, restrained only by the express exceptions contained in the constitution itself. Thus, "all Legislative power is vested in Congress," &c. is the general proposition contained in the first section of the first article; yet the seventh section of the same article restrains that general expression, by vesting a qualified veto in the President-not an absolute prohibition, as the term implies, and as it is, in fact, in other Governments where it is used, but what practically often amounts to the same thing, it is true, a change in the mode-the majority by which a-law shall be passed. So the general clause, declaring that "the Executive power shall be vested in a President," &c. unrestrained by any exception expressed in the constitution itself, would necessarily confer upon the President the absolute power of appointment and removal of all officers necessary to execute the enactments

I must beg leave to express some little surprise, how- of Congress; but by the second section of the second arever, that so sweeping and general denunciations should ticle, the power of appointment, and that of appointment have been proclaimed in so harsh and censorious terms, alone, is restrained, by requiring the advice and consent without something more like proof first offered to sustain of the Senate; leaving the power of removal from office, them. It would seem to me, that the President of the unexcepted, and embraced within the general vesting United States, whose long and arduous public services clause. This appears to me to be a clear, irresistible deare known, whose life has been devoted to the dearest in- duction to be drawn from the plain words of the constituterests of the country, and often risked in defence of its tion itself. How could the President fulfil the requisition constitution and laws, should have the same protection to "take care that the laws be faithfully executed," withfrom general and undefined charges as the humblest citi- out the power of removing from office an officer charged zen is known to enjoy in our ordinary courts of justice; with one of the Executive departments, and who refused that is, to be considered as innocent until the contrary to do his duty? With what justice could the responsibilappears. I shall venture, then, to take up the constitution, ity of carrying into effect the Executive power of the naand square this act of the Chief Magistrate by it, and en- tion be imposed upon him, if he be deprived of the power deavor to ascertain wherein the violation consists, or whe- of removal from office those placed in the departments necessary for carrying the laws into effect, who omit or