Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-01-23

right construction is denied TO those VII , "u ; o
might here ss J%" SGrU S Intention Of Congress
me power Of the Secretary over the depos,es vi,h,
auune another word have placed it on grounds from
n'en no ingenuity however great, subety however
nned can remove II; but such Is the magnitude of Inc
Ease. sneh my desire 10 give the the Secretary
The remainder Of his re asons e
me Secretary conscious that the first position
,t nc assumed, and which have considered, was un
ua1'e, we nave ample proof in the precpitancy with
wmeh ne ieireaied irom He had scarcely laid down
without illustration argument, he passed with
spu "ans'on and must say, transition as obscure as
rapid 70 another position who'll nj with the first
Va assuming which he expressly regulates the idea
That the safe and faithful keeping OF the puhiic onJ hI
any necessary with the removal of the 5eno
Sites his power to do which places ON the broad and n
ground mat he had right 10 make such disposition
'he as the pubic interest, The OF the peo
ee might require have said the transition of the
es.e."y was as obscure as it rapid; but obscure
process by which he reached so ex,raorSnarv mo
s1n, ana we may safely affirm, that his arguments are
nves This first proposition, which, however he ha, NOT
ventured to lay down expressly is that Congress had an
unlimited control over the deposites and that may dis
pose o. mem n whatever may please in order promote
the general welfare and enence OF the people He
next asserts that Congress has parted with this power UNI
DER The sixteenth section, which directs the depostes 10
oe made in the Bank Of the United States and then con-
eudes with affirming tina, it has invested the Secretary of
easury with IT, Tor reasons which he Processes to DO
| unable to undo rstand.
cannot be necessary, before SO enlightened BODY
WA. 81 MD undertake to reiute argument go utterly
never possessed the power which the Secretary csins or
hha' u Is power from lis very nature, incapable OF
such eniargeme NJ being limited solely to the sale keen
Jug OF tne Puhc fupds-iba IL it existed, il would be
susceptible oil the dangerous Cameras.
make he widest aud most dangerous association the
depository OF the public funds night place the M in the
hanus oil The fanatics and the madmen OF the North who
are wagng war against the domestic institutions of the
Sou'n under Me plea OF promoNy tNe general welfare
But admitting that Congress possessed the power which
the Secretary attributes it, by what process of reason
ing can he show that has parted with this unlimited
| hIic h.
posted in the Bank Of the United States? Or if II has
parted INN The power by what extraordinary has
been transferred the Secretary of the Treasury bv
these lew and simple words, "uness he shall otherwise
oIdei In support OF this extraordinary argument, the
ocIe,Ay mas ohered not single Illustration, single
remark bearing the sembance of reason but one which
shall now proceed to notice.
lie as:-rs and asserts truly, that the bank charter
contract between ibe Government rather the people of
e United States and the bank, and that it constitutes
n comMon agent or trustee, 10 superinend the execu.
lion oil the spulaions I'D Ina, portion of the con-
tract comprehended in the 18th section Let ms now tax
ing these assumptions 10 be true, what those sti
pua'is"s are the superintendent Of the execution of
which, as hs aiIrs are jointly coDfded by the parties 10
the secretary The Government stipulated part that
cessiu operation OF tie institution mainly depends. The
Bank It's part stipulated that the funds should safely
kep-hat the duss imposed in relation them should
be faithfully discharged and that Tor this, with other p
veges it would pay to,he Government the of one
million i've hundred thousand dollars These are siipuIa-
TONS the execution of which, according the Secrsarys
assumption c has been appointed joint agent trs
tee, supernend, and which he would assume the
extraordinary claims the deposes 10 dispose of them
IN such manner he may think the public interest the
convenience OF the people may require.
Is II not obvious, that the whole extent OF power con.
ferred upon him, admitting his assumption be true is
withhold the deposites in that the bank should
violate It's sPuaons III relation TO them on one side, and
the other 10 prevent the Government from withhold
ing the deposes so long the bank faithfully performed
its part OF The contract. This il the full extent of his
yower according 10 his showing, not particle
be added But there is anolher aspect in which the
position in which the Secretary has placed himself nav
be wed. 1t offers Tor consideration not only question
to thp NAT
aud exten, OF duty which is imposed upon him. II
the position DC such he has described, there has
been confded 10 him trust Of the sacred char
acter, accompanied by duties Of the most solemn OBJ.
legation. He stands by the mutual confidence of the
parties vested with the high judicaI power determine
on the inracton or Observance OF contract ia which go
and large and respectable portion OF the cit-
zen are deeply interested and in the execution Of this
high power he bound by honor and conscience so to act
protect each OF the parties in the full enjoyment of
their respective portion Of benefit in the CONTRACT long
they idhuiSy observe it, How has the Secretary per-
formed these solemn duties, which according his repre-
senation have been imposed upon him! Has he protects
ed the bank against the aggression oil the government or
the government against the uDaiiful conduct Of the
bank relation 10 the deposies! Or has he, forgetting
his sacred obligations, garded the interests OF both
side, divesDg the bank OF the deposes, and
other, defeating the government In the int nded security
OF the public funds by sezng them the property Of
the Executive, TO be disposed at pleasure favorte
partizan banks.
Blu, shall relieve the Secretary from this awkward
and disiepu,abe position in which his arguments
have placed him. lie is not the mutual tustee he has
represented oil the government and the bank but simply
the agent Of the ormer vested under the contract with
power wthold the deposiies with a view, has been
stated their additional securlyto their sale keeping
and ii he had but Tor moment reflected the fact, that
he directed 10 report his to Congress only,
and also 10 the bank, for Withholding the deposites,
he could scarcely have failed perceive that he sim
ply the agent 6f Of the parties and he supposes
| Joint agent OF both.
The Secretary having established, he supposes his
right dispose OF the deposes, in his opinion The gem
era interest aud nience OF the people might requires
proceeds 10 claim and exercise power with boIdnes
CONNIE with the estssvsg OF The right which
he has assumed He commences with cIsim 10 de.er-
mine in his official character, that The Bank OF the United
States ~ unconstiutionala monopoly-baBeful TO the
welfare OF the community. Having determined this
point he 10 the conclusion that the charter Of the
bankloughi not TO be renewed. and then assumes that
IL will not be renewed Having reached this point,
he then determines that II is his duty TO remove the
poses. No object, that Mr.. fancy, eli.
zen in his individual character, should eDt rtan an opin
acting IT, his official character and official
under the charter Of the bank, should undertake deter
mine that the institution unconstitutional, and that
those who granted the sbsyer aud bestowed upon him bis
power under H., had violated the CoDsuiion,s
assumption OF power OF nature which VIII not under.
take 10 characterize, as wish cot TO be personal
But he is not content with the power simply TO deter
mine OIL the uncoDstituonaity OF the bank lie goes
ay beyoudhe csims 10 be The organ OF the voice of the
nuesion of The rene Of the bank charter put in
issue At the last Presidential eecon and that the people
rad determined hat IL should not be renewed do not,
s,J Mr Calhoun, intend TO enter into the argument
ybeher in point Of fact, the renewal Of the charter
put issue at the last election. That point ably
and fully discussed by the honorable SensoTs from Ken
lucky, (Mr Clay) and New Jersey, MIR soutbard who
L. - Il. "A a .Nt.e .nnanl uAIa -