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

vesgaton TO ascertain IL there be ,escient ground TO
Justify appeal to the OF the Uniied States, to Try
II II has violated its charter.
Finally by the same section whenever the President OF
United States shall 10 believe that the
charter has been vol.ied he may ORDER sc're 'cia-
tobe sued OF the Circuit Court OF the Dsc, oil Penn
syiv snia calling the said Corporation show
wherefore The charter hcreby granted shall not be decsr
cd forfeited.
This Is the whole power OF the President ia relation TO
the Bank lie IL lie thinks that the charter a.
bring the Bank b. fore the cour, tor 1,i.I Now
this niiesto, he distinctly declares that the Rank hs
acted Sin direct violation OF the most i'm pro-
visions OF the charter Ii So was hi. duty the
scre iaciis-o appeal TO the Courts and Suies That
was the only Legitimate acMoa which belonged TO him
Bat judicial investigation oil lis charges is precisely
Wna' ne dreaded Tke more summary aud Illegal lnva-
sion oil the powers Of others. to have more airac-
no" than the legitimate exercise OF hts ewn. Aud
making himself accuer sni jndgs--''sre garing the
vote OF Congress, the authority Of the Courts aud Ju-
ries, aud the exclusive power OF the Secretary of the
Treasury, he substitutes at his arbitrary will
Certainly, since the foundation et this Cove
thug has beea doue which deeply wounds the
spirit free institutions It, in fact resolves itself
into thshat whenever the laws ribe certain duties
90 an Queer thw ohctr acting under the sanctions OF
his otcia oath aud his private character refuses vo
iAe mat law the President OF the United States dis
mss MIN aud appoint another; and it shoafd
~ DE refractory subornae continue his removals
unl nv at last discovers the descending scale OF degr.
da'on some irresponsible individual h TO be the tool OF his
ues,sns UnhappIy. there are never wanting men who
Will think their suPerors wish them TO tbink-mcn
than the
oice-Den TO whom daily bread Is sufficient consolation
tor daily shame.
The present state Of this question fearful
OF the danger OF it, At this whole Of
this country is at the dsposaltbe absolute uncontrolled
dsposa-oi the President Of the u States The laws de-
clare that the funds shall be placed in the Bank of
e " 81 unless the Secretary OF the Treasury torbds il.
The Secretary OF the Treasury will nat forbid it, The
President disnsses him. and appoints somebody who will
me laws declare that shalt he drawn from the
treasury, except for appropriations made by
law 1.-The Treasurer refuses draw is any
bursement the President dismiss la AID appoint
flexible agent, o will CRAFTY his patron
he text Is in the official Gazette, o,rciuy the tate OF
The dismissed Secretary to all who follow him The Agent
cannot cohScentousy perform the service and
Ito cooperate and desires to remain TO thwart re Pres
dents measures To put end TO this difficulty be.
tween the head and the hands Of the Executive Depart
ncnt, the Constitution the Chief Magistrate with
' authority 10 remove the refractory subordinate" The
theory thus avowed and the under it, con-
vert the whole tree institutions OF this country into the
mere absolute will OF single individual They break
down all the restraints which the trainers of the Govern
ment hoped they had imposed arbitrary power, and
place the whole revenue OF the United States in hands
OF the President.
The power, too is asserted in tone filter for the East
than Tor any country claiming be governed by laws.
The President declares that his opinion the ne ar ap-
poach OF the termination OF the charter and the public
considerations heretofore mentioned, theaisei
amply sufficient to justify tho removal of the deposes
without reference to the conduct OF the Bank, their
~ in its Keeping"
The ony public considerations here toore me ntoned
are his own reelection and his belief that the charter
would be renewed So that the President here ayows
.ha a'hough the last Congress passed bill charter
ing this very Bank-although the same Congress, Jew
months ago. at his invitation, declared that tue public
depostes might be safely continued in this Bank-altoug
new Congress- many Of whose sbers are chosen by
the People since his election is about meet in
ninety days. and will continue in existence for years
although at the end of those two years Congress
fresh from the People, will before the charter
pres-ye notwithstanding all this, he, the President,
cares on his responsibility that the deposes shall be
removed; no matter whether The conduct Of the Bank
been good or bad, and matter whether the deposites
are safe or unate and accordingly, he dismses the of
other
who will remove them.
AT this moment the process of evadng the law is in
full practice.
BY the Constitution of the United States, (Sec 81 ono
money shall be drawn from the Treasury but in conse
qnence oil an appropriation made by law"
BY the act of Sept. l. $780, establishing the Treasury
Department. the Secretary OF the Treasury
10 grant all warrants for TO be issued from the
ireasuIy IN pursuance Of appropriations made 6y
ido; and the same act further declares tha shall be
the duty OF the Treasurer receive and keep moneys
oil The United States, and TO dsburse the same upon
warrants drawn by the Secretary OF the Treasury com
" ersgned 6y the Comptroller, recorded by the Register
90 and not Otherioise''
But there has been usage Of transferring funds from
one branch of the Bank OF The United States another
State Bank to another, when the public service
required disbursements at remote places This transfer
dTt, intended to require actual transfer, has been
converted into mere check-a warrant in TACT though
not IN iorand has been applied the purpose of tskng
the funds out OF the place which they are assigned
Ivy law and transferring them the opposite side Of
street As 1t was never presumed that such a power
would be thus abused the transfer draft has few checks
than the for disbursement tho signature of the
Comptroller, who is the law officer OF the Treasury not
being usual; and accordingly by a strange anomaly, al
though the Treasurers pay one hundred dol
lars TO an honest creditor of the Government must 60
through great variety oi forms, the transfer draft for
million has fewer formates BY means of these transfer
drafts, as will be seen by the annexed correspondence
large sums OF money have been withdrawn from the Bank
oil the United States and placed in State Banks in the
same city, without the slightest reference the public dis
bursementsand no less than two millions three hundred
thousand dollars oil the public revenue have been placed
at the discretion Of the officers of the State Banks by
transfer drafts privately issued and without the notice TO
the Bank oil the United States which the Treasury had
promised to gve and had hitherto always given of similar
demands on the Bank.
(Io be continued in our nerf.)