Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-01-30
IN sENATE.-.Monday, January 81


The Resolutions from the House of Delegates n, ,h
subject OF the removal OF the epestes from the B,n Of
Whole '"Aeh W u" committee OF the
On motion OF Mr. Cooke, the 5, resolution was stricken
OUT (decaing that the opinion expressed by the
Assembly In relation 10 the constituonalty OF The Rant
Of the United States is not be construed as iuna;r;n
inc force oil the censure the conduct of the Exec
States.) ~ " VIC "
Mr. Cooke offered substitute for the whole series a.
follows: ~ ~ 'e''es' us
Whereas, the General Assembly NJ ". .,,e d,
hat IN order TO secure the harmonious and efficient onera
non OF our complicated form OF government il
a' me various depa mens thereof should be kent strict
~ within the limits OF their prescribed
exercising the powers confded ,o carefully avoiding
si encroachnent upon those cobided on Others: And
whereas, the General Assembly of Va deem II Of Tho
most Importance that the power control the public
should be made 10 abide nPractce, where il Ia.
peeh vested by the Constitution in the nme date re pre
sentatives OF the people, and the States i'm
semsed And whereas, all experience of the practical
oPeraoh oil governments has proved that arbitrary az.
symptoms, wanon abuses of power by them or nv
oicer oil them, il silently acquiesced in become nrsce
dents for further and still greater ac,s If P'eee
patton: '
Resored, That in the opinion Of the General Assem-.
Dry e OF the United States has under the Con-
suoh ana the usage OF the government clear and nm.
questionable right to dismiss from Office the head. NJ d.
Par'ments, and among the rest, the Secretary OF the
.;i S-exere'.ihg ms right, under strict account
2 Resoued, That although the power given TO the s..
OF e treasury to direct the public depostes be
MADE elsewhere than in the Bank Of United States il
delegated trust for the faithful execution of which hs
made directly accountable TO Congress- the constitution
~ guardians oil the public treasure, yet this General As
seinbiy do not hesitate TO admit that the power vested in
the President by the Constitutions to appoint and to
move this ofhcer Carries with it, as incident
the right OF general super vision of his official
RESOLVED, nevertheless, That in the opinon of The
General assembly the only contingency that could war
rant the interference OF the President with the nj
sound discretion, which Congress had confded 10 the
Secretary OF the Treasury alone clear and honest
vicion on The part OF the President the Bank of the
United States had ceased be safe deposit,rv NJ ,h
public treasure Under such conviction OIL the part of the
resaen'' would be not only his right but his duty
Interfere In withholding the deposiles from the Bsnk bv
ne only means ny which he could effect that obiect-be
dismissal OF the Secretary of the Treasury.
a. Resoiued, That the contingency which alone could
gusy me PRESIDENT OF the United States in dismsng the
late Secretary Of the Treasury Office because Of hi,
refusal 10 remove the public depostes the Bank of
the U States not having occurred even in the opinion Of
the President himself, at the time of such dismissal
the General Assembly regard his recent act .xer,ng
control over the depostes Especially conde TO anobe)
by causing the 10 be Withheld and remoy ed nm he
own responsibility, from the Bank of the u States where
hey had been placed according the direction and sp
iaon OF The act OF Congress chsrering said Bank ss
dangerous exercise and alarming abuse of power which
cannot be TOO strongly condemned.
o. Resoiued, That the General Assembly Of yi,gio;,
cannot sanction the power which has been claimed bv
Congress to establish United States Bank-because in
the opinion oil this General Assembly that power il moi
given TO Congress by the Constitution the u States as
has been frequently and soemnly declared by the ener-
al Assembly of Virginia.
Resoiued, That the Governor of this Common w ab
DE requested to transmit copy Of The foregoing Presm.
BILE aud Resolutions TO each OF the senators aud Repre-.
seniaives in the Congress OF the u. States
MIR. Winston moved to amend Mr.. Cookies substitute
by striking out the 4b resolution, and Inserting the Iol
lowing:
Resolved by the General .assen,brg, That the rec nj
act OF the President Of the United States i'm causing the
Secretary OF the Treasury be removed from office Tor
iusing 10 obey his mandate in relation the removal and
with olding OF the public deposites the United State,
Bank III which they had been placed according 10 the .
rec and stipulation Of the Of Congress cbatternq
said Bank and appointing another in Isis place Tor The p
pose OF efecng That object abuse and dang
exercise Of Executive power.
Before tie question taken on Mr. Wnston's amen
neD Mr. Cooke Withdrew his substitute al the sugres.
ton OF Mr. Maxwell, who expressed his intention OF oier
and he accordingly offered the following:
Preamble, LIT line, strike out from the yeord-"Where.
as io tie end of the last ResOiuGop and insert
"The General Assembly Of Virginia deem, IL of the ut
most Importance that the power 10 control The public re-
should lie made abide In practice where II as
been vested by the Constitution IN the immediate repre
sentsves OF tie people, and Of the States in
assembled; aud all experience OF the practical operaio
OF Governments has prov ed, that arbitrary of
power by them, by any officer Of them If slsy ac.
qesced in, become precede nts for further and s
acts OF usurpaion: Therefore,
I. Res0lredby the General Assembiv That the receo,
act OF The President OF The United States exefng con.
troll the Public Deposites by causing them TO be re-.
moved, on his responsibility from tie United States
Bank in which they had been placed according 10 the III
said Bank IT, in the judgment Of the General
dangerous and alarming assumption Of power by tina
officer, which cannot be too strongly condemned.
| T. HesofDed, That while the General Assembly will
ever be ready 10 sustain the President in the exercise
all such powers the Constitution has really eon6ded