Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-01-23
Twenty-tllird Congress.--Ist Sess
MIR. CALHOUN'S SPEECH

, mr.. calhoun then rose and said. that the statement q
s case might be given ia very few words. The I6tI
there is bank branch OF the United States Bank ,h
puoc moneys should be deposited the reiD unless other
wise ordered 10y the Secretary OF the Treasury, and that
In that case, he should report 10 Congress In i'm
meulatey and if not, at the of the ne
session. The Secretary, acting under the provision of ,h
mas ordered the deposies to be whheh iom In.
oank anu has reported his reasons conformity 10 the
provisions Of the section The Senate is now called upon
% consider his reasons, in order determine the
care and deberaon without the bias a far a.
am conscious, personal political have but Sigh
acquaintance with the Secretary and that little not un
favorable To him. stand wholly unconnected with the
Two great parties conending for ascendancv nv
pocai come xions with that small and par
wn'en mas voluntarily wholly retired from the party
ses oi me day, with view Of saving IL possible the
hoefy and the Constitution Of the country in This great
crisis oil affairs. ~ e'"'
Having maturely considered with these
ings the reasons OF The Secretary am to
tha ne mas entirely failed TO make out his jusc aon
very commencement he has placed his right 10 re.
move tie deposites on assumption resting miscon.
SePuon Of the case In the progress of his argument he
mas entirely abandoned the FIRST; and assumed ne and
sesuy enlarged ground, utterly inconsistent with the
hr anu equally unenable; and yet, broad as his as
symptoms are there is important part of the transac
ZION ne does not attempt vindicaie and TO which
nc mas ho' even alluded shall, said Mr. Calhoun now
serons. "' s'0u "eSe as
The Secretary at the ement Of his arr.men,
assumes the position that in the absence of all legal pro.
vision, he, the head OF the had ,hs
right IN virtue oil his office, the agent and
place, Tor the safe keeping the public depo,ifes ~.
then contends, that the 10th section does NOT restrict his
power which stands, he says the same ground that il
ana before the passing Of the act Incorporating the bank
unnecessary TO inquire into the correctness of the
position assumed by the Secretary bat if it were IL
would not be difficult to show that when an agent with
general powers assumes in the execution Of his agency
power not delegated the assumption
oil the case and that power such case can be law
FULLY exercised which not necessary effect the OBJ
Ject in'ended Nor would be difficult 10 show that i'm
TINS case Tie power assumed by the Secretary would be-
long, not 10 him. but the Treasurer who under The oc
organizing the Treasury Department. expressly chang
ed with the safe keeping OF The public fonds for which
he responsible under bonj in heavy penalties But as
strongly and directly those considerations bear on the
question oil the power Of the Secretary, do not think il
necessary to pursue them, for the plain that the Sc
creary has entirely mistaken the case tits NOT case az
he supposes where there is in relation TO
the sale keeping OF the public funds but of
the opposite character The 18th
that the dePosites shall be made in the bank and its
branches and oil course it is perfectly clear that all
powers which the Secretary has derived from the
and inherent powers OF his Office the absence OF such
provision, wholly inappcabe this CASE Nor is n,
less clear that the section had terminated with the pro-
vision directing the depoes TO be made in the bank the
m would have had no more control of the subject
connected with the nature Of his Office from
express provision contained in the section or some
other part of the act 1t has not been attempted be
shown that there any such provision in any other
fon or part oil the act The only control, them which
the Secretary can righfuy claim the deposiies is
tanned in the provision which that the
shall be made in the bank unless otherwise ordered by
by Secretary Of the Treasury, which brings the whole
question: in reference TO the depostes TO the OF the
power which Congress intended confer upon the
tary in these few words-"unless otherwise ordered.
la ascertaning the intention Oh Congress, lay down
all political powers under free institutions are tyusl
powers, and not rights, liberties immunes; belonging
personally to the officer. also lay it down as a rule not
less ncontroveriibe, that powers necessarily IL
mted (unless there be provision to the con-
trary 10 the subject matter and object of the This
brings US to the queson-wha is the subject and object
Mt tha at i'm pbnla
deposles-to the safe and faithful keeping of the pubic
funds With this view they dire eted TO be made in
the bank Win The same view, and in order to ncrea
the security power conferred the Secretary to
withhold the deposes and with the view he is d.
rected TO report his for the removal Congress
All have one common obectthe security of the public
funds. To this point the whole section The
language oil Congress, fairly understood, have Sc
lecled the bank because conhde in il safe and
faithful agent TO keep the public money; but prevent
the abuse OF so important trust, invest the Secrea-
ry with power 10 remove the dePoses, with a view 10
their increased security Aud lest the Secretary on hi.
part should abuse SO important nustand in order still
farther to increase that security, direct in case Of
removal that he shall report his Ii is obvious
under this view oil the subject that the Secretary has no
right act in relation 10 the deposies but with view to
their increased security-1bst he has right TO- order
them to be withheld from, the bank so long as he funds ara
in safety, and The bank has faithfully performed the duties
imposed in relation them; and them unless the
deposes be placed IN safer and faithful hands
That such the opinion Of the Executive in the first
instance, we have demonsraive proof in the message
the Presden, to Congress the close of the session.
which placed the subject Of the removal of the
exclusively the subject Of their safety and that such
also the opinion OF the House OF Representatives
have equally conclusive proof, from the vote of tina
body that the public funds is The bank SAFE which
understood Of that time sI sides, by friends ant
foes, deciding the question Of the oil the de-
posites.
The extent of the power intended 10 be conferred be.
ing established the question arises has the Secre-
tary their imss 1t scarcely be
say 10 urge this point 1t is pretended that the
public depoes in danger, that the Bank had moi
faithfully performed all the duties imposed il in rela
lion them; that the Secretary placed the none,
in a safer or in more faithful hands So far otherwise
there 10 who hears me, WHO will admit tina
the public moneys now less sae than they
The Bank Of the United States And will venture 10 as
ser that not capitalist can be onnd who would not ash
considerably higher per ceBage, TO insure them in the
present. Than in any place Of deposiie designated by law
II these views and bold them 10 be unques
onsbe the que stion Is decided The Secretary has NJ
right 10 withhold the deposies from the Bank. There la
been, and be, but one argument advanced in favor
his right which has the appearance OF being enabe
that the power 10 withhold giving la general
without Atom unieSS The Secretary OfeTtOise d.
rect" Those wlOresort TO this argUmeDt, must tn,
petition that The letter ought 10 prevail the clear and
manifest intention Of the They must regard the power
Of the Secretary not as trust power, limited by the sub
ec and the object Of tie trust, but chartered right
10 be used according to his discretion and pleasure
There is radical deee n moae OF constituting poitica
powers; Of which This apl many other Instances aor,
striking examples; but, will give the Secretary hi
choice either The intention The letter must prsva hi
may select ether bot cannot be permitted to take
the other may suit his purpose. II he chooses the Tor
er he has transcribed his powers as have clearly de
tnonsraed If he selects the latter, he is equally con
demned as he las clearly exercised power not compre
hended in the letter OF his authority lie has not conne
himself simply TO Withholding the public moneys torn tn
Bank Of the IT, S. but he has ordered them TO be deposited
In the Banks, though there is not word in the section