Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-19


Vhere is one (and but one) part Of the Presidents late
conduct towards the Bank Of the u States which
20 ne In jefensibe. And that my may ap
pear or malignant let me PREMISE that my appro.
baton OF his 70 the deposes, in the MAN, goes
co obge the Secretary of the Treasury them
or TO dis ilace him, u he refuses.
But til applies only money not yet placed in the
Now, The President Through The Secretary has under
taken to remove money already deposited there In doing
so, THU * he has violated the law and the Constitution
Sever Il Banks, without having the government In their
debt ha re lately been furnished by the Treasury Depart
snent wi t drafts the u. States Bank amount of
million dollars, TO be used by them for the pur.
pose Of Transferring the public moneys from that Bank
Shemse Ives.
The power, thus transfer money already in the Bank
10 clair ned for the Secretary under the 18th section of the
charter. Ii provides that the deposes OF the money
ot the u. States shall be made in the Bank or it's
Bran hes, unless the Secretary of the Treasury shall at
any lime oher,ose order and direct :" in which case he
is spe edily TO lay his reasons before Congress.
The Secretary is here empowered, at any time to or
der aud direct the deposes to be made eetcere than
in the Bank.
The natural construction Of the words used IT, that he
may give this order as to future deposifes only. The
phrs teoogy ("1he deposites shall be made) implies
shat The public money yet floating In the hands the
eseers. and which has not yet found its way into The
may divert only such money-money yet undeposi,ed.
into other receptacle. Deposites to be made not
deposits already made, seem to be meant by the law
When the money has reached the Bank-when a depo-
site has been msdethe law has done it's ofce-has spent
ats iorceIfuacta est c6icio MAKING THE DEPOSITS
can be only the original payment Of them into the place
designated. To put them afterwards elsewhere, would
be rRANsrERRING the deposites; and il Congress had
intended TO cotc the Secretary with the latter power
{one ncomParably more vast and dangerous than the
other0 il would have expressly said To enlarge,
by construction, power directing the public moneys
) TO be placed elsewhere than in the Bank at first,
into power transfer those already there some other
place. would DO in the last degree centious. 1t would
DO construc ton loose, fatal that the latitude
narians, who ascrbe to Congress power to DO what il
plsases. by virtue of the general ,cefare clause.
The Interpretation give. drawn from the
yOrt ia fed hy tl,
stiuion, which orbds any money to he drawn the
Treasury, but in consequence appropriations made BY
lao"
What is the Treasury! 1t is the place prescribed by
law for keeping the public money. As money alre
paid by the collectors, (nder orders from the Secretary
into any oer place or places such place places the
Treasury.
IT, therefore, the Secretary removes money from the
u s. Bank any other place. he draws it the Trea
snry: aud IT, las in the present cssr without any oppro
praon made on lao, he the clause of the
Constitution above cited.
The opposite Interpretation Of the 10th section of the
charter is liable 10 insurmoun,able objections
Ii would put the whole treasure of the goveTnme mt,
(Which may amount to hundreds OF millions of dollars
At the absolute disposal of the Presdenor the Seereta-
ry his creature and bound obey him. lose his Office
the President may transfer the public treasure int
another Bank he may also ntoany other place into the
pocket OF asubservient printer, or favoe into his
For he may fr the Treasury there. He NAV give il IN
his chief general, distribute it among the officers Of
the as the price OF an imperial dsdem pay it
foreign Potentae, for troops and ships al him
uncontrolled
command OF the purse which never yet failed to obtain
the command Of the sUord aso the union of the Sc in
the same hands, is desposm at once.
Let no say, "oW President and his associates are
too pure aud patriotic people too fond Liberty
for US to fear any of these chDecs things" Admit Il
(or arguments )yet shall the people, be ais Tvs
incorrpt, and devoted 10 freedom Will our public men
always be honest, and free from guilty smbiion IL
let breach Of the Cons iion or pass without
(no how good the motives Of the transgresso
will il not he precedent upon which, in corrupt
times, boundess usurpation may establish self NOW,
while pure and free, Gi indeed, so is the
time TO guard against the encroachments of tyranny;
though they in the very shape Of patriotism and H.
berry. alt is beter says Mt Jefferson, "to keep the
wolf out Of the fold than to trust drawing his teeth
taons after he shall have entered"
Interpret the Secrefarys power extending only to
moneys not yet deposited, and great mischief could
probably ensue. lie explain 10 Congress, (pinedi
ately citing, sits,) his lor The
act aud that toy could direct any nsdre ction OF the
amischieyou' disposition OF the whole public treasure,
might be irremediabIp.
owe my convection this point, (and much OF the
reasoning ,hainow sus'sns ~ TO the Wing OF the ult.
~ when the i'or tast anentsby, too usu has min
gIed much personal scrnony with the mporisn, u,hs
he so focihy ut eneI TO raze tb,ir eec,
upon the very minds that need be wrought upon
by them No diapos'ioD 10 school that editor but de.;re
TO see his bold pen and independent press do the great
good OF which they capable. mskes me offer two oh.
servsion, 4. When he would convince men of any
tu h, The last thing he ought do wound their pre-.
Jiiees unnecessarily by ensing these against him. he
shuts the door against his argument his does he
when he clothes his demonstration OF popular states
mans In the lsBruage Of violent and
inveetve. r. Even " that mole Of treating we're
as sure to be successful ss sure TO fsit question:
"beher the bad feelings excited sni the evil passions
,Dibsered 10 by such tone Of public discussion would
Vs. in the long fun, do harm TO the community than
tie ejctory would possibly do good.
PAMUNcKY.