Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-12-12
until the time had passed for the repetition Of


similar appeal from the laws.
The whole case appears to be exceedingly
simple. There is difference of opinion pc
tween the Treasury and the Bank about the
damages on a bill Of exchange. This IS NAT
ter of account which depends on the exisuhS
laws, and the Acts Of Congress provide speci
fically before what tribunal and in what man
ner. the question must be tried. Thus by tne
Act of the Sd of March, 1897 it IL PROVIDED, tna'
If any person, accountable for pubic money,
fails to pay it, sit shall be the duty OF the comp
troller, and he is hereby required TO nstltute SUI!
for the recovery of the same" and in such suit
g no claim for credit shall be admitted upon
trial, but such as shall appear to have oeen pre-
sentsd to the Accounting officers OF the Irea-
surv for their examination, ano by them olsai'
lowed in whole or in part. ;" The BANK mas dc-
cordingly presented its account for damages,
which has been disallowed; 1t has then retained
sufficient amount of public money for the pnr'
nose. and invited suit by the Treasury SO as 10
bring the subject before the Court. 1t did this
and so stated it as the best if not the only MODE"
ofsettling the question. But as the money itself
was IN object of indifference to the Bank, which
sought only to vindicate its own right, ano the
retaining it was mere form, to comply with the
Act of Congress, the Bank at the same time re-
ouested from the Secretary TO know, whether
there was "a any other mode of submitting the
right of the respective parties to the judicial tn
bunas more acceptable" to him-and would IN
stantly have released the money on any arrange
ment with the Treasury to bring the case before
the courts.
There is still more summary process Of OBJ
tanning decision. BY the act of Congress, OF
Nav, 18th, 1920. if the public money be Withheld,
the first Comptroller of the Treasury can issue
warrant of distress against the party in default,
who may then appeal to the Courts OF the oni-
ted States.
Either of these courses is open to the Execu-
- ~-.th tka ponl
done its duty is content. Before the proper tri-
bunal the Bank will always be ready to prove.
|. That the bill of exchange on the french
Government was drawn without the sngntest
authority whatever from that Government 10
draw it.
2 That the Bank proposed to the Treasury
to collect the money as its agent-and MOI 10
nav il until it was received from france, mus
avoiding the very embarrassment which has
occurred; but this the Treasury declined. and
requested the immediate payment by the Bank
as purchaser.
3. That OF the money so paid by the Bank, the
whole was Immediately appropriated by the
Treasury, and part used IN Inc current expeh-
ses of the Government.
d. That when the Bill was protested in Paris,
as was inevitable, and the money paid by the
agents of the Bank, to save the credit OF the
Treasury, the claims of damages by the Bank
was an indispensable act of duty, as that
alone would enable the Treasury to claim dam
ages from the French Government. which, if the
Treasury had any right TO draw at ALL was as
much due as the principal.
5. That the universal and infexible rule of
the Treasury is to make every one pay DANA
ges; and as it has required of the Stockholders
of the Bank to puy damages when their bills
sold to the Treasury have been protested, SO
should it now pay damages to those stockhold-
ers when thew in turn have bought bill from
the Treasury which becomes protested.
Ali this will be made manifest whenever the
Treasury resorts to the proper tribunal. Until
then, it seems unjust to PREJUDICE the question.
and quite fruitess to discuss it.
have the honor to be,
Very respectfully yours,
(Signed) N. BlDDLE, president.
Hon. LEVI WOODBURY.,
Secretary of the Treasury. Washington, D. c.