Litchfield enquirer., 1834-02-20

able limit, consistent with the character Ofthe power, consistent with the general duties of the Secretary, and consistent with the nature of the remedy provided.
 The charter of the Bank is the law it IS the expressed will Of the Legislature. That will is, that the Bank shall exist, with all its powers, to the end Ofits term. That will. too, as the committee think, is, that the public de- posites shall continue in the Bank, SO long as they are safe, and sO long as the bank t0ltiss all it's duty in regard to them. The Seereta- ry assumes broader ground. He claims right to judge of the proceedings of the bank on all subjects. Admitting the fund to he safe, and admitting that the bank has performed all it's duties in regard to it, he claims an au-
 thOrity, nevertheless, to remove the depOsltes
 whenever he shall form an 0piUion, founded
 On the conduct of the bank, in any particular whatever. and however uncOnnected with the public monies. that the general interest of the
 people requires such removal. If, in'his opin- ion, it discounts too little, or discounts too much; if it expands or contracts it's circulation too fast, or too slow; if its committees are not properly organized if it claim damages
 on protested bills. which it ought not to claim ;
 if, in his opinion, stiu, it is guilty of a wrong
 medding in politics, or # it do any thing else.
 not consistent with his sense of the public in Hterest be has alright to visit it wAh with drawai of the p66ic money from its custody. If this claim of power be admitted, it would seem tO the COmmittee 1O be a fairresnlt that the Secretary haspOwer to withdraw the de. pOsl!es, for no other reason than that he diff fers with Congress upon its constitutional au- thoFity to create any bank, or upon the con- stitationality of this particular bank. or npon the utility of continuing 1t m the exercise Ofits pThn rfs shall expire.
 The committee, therefore, are of opinion, that it was not the intention Of the Legislature to give to tho Secretary of the Treasury gen. eral guardianship over the public interests in all matters connected with the Bank but that his power is limited one, and is confined te the safetyy and proper management of that portion of the public interest to which it ex. .pressly relatesr that is to say, to the public monies in depOsite in the Bank.
 But the extent Ofthe Secretary's discretion, as asserted by himself, reaches even farther than the wide range which the committee has here described. It is, not confined to the pro- tcctioI of all the various interests which the Government of the country have in the bank, or to supervision and control over all the conduct of the hank, hut it embraces all branches of the-pablic interest, and touches every thing which in any way respects the good of the people. He supposes himself rightfully to possess the power of removing the deposAes whenever any causes, springing up in any part of the whole wide field of the general interests may appear to him to call for such removal. Notwithstanding he may SUD- pose all the great interests cOnfded to the bank to be perfectly safe; notwithstanding he may have no occasion to complain of any part of its conduct notwithstanding, even, it may 50 have demeaned itself as to have be- come the object of his favor and regard yet, if his construction he admitted, he may re- move the deposites simply becalse he may
 be of opinion tliAt he might place them, with prospect pf stiil greater advantage, in other hands. |, H he be of opinion that the com- merce of the country, or its man ufactures would be benefited by withdrawing the pub lie mOney from one bank and placing it in many, that would be an exercise of authority entirely within the limits which he prescribes to himself. It would be cese in which he would only follow his own sense of what the general interest and convenience of the peO- pie required. He might think, too, that by withdrawing all the public treasure from the Bank of the United States, and placing it in the hands of twenty or thirty State banks, to remain there during his pleasure, and to be drawn thence, again, at his will. he might be enabled effectaally to advance certain other objects, which, whatever others might think ofthem, he might consider to be essential to the good of the people. All this, if he be right, is within his just authority, A power, necessarily running to this extent, is power, in the opinion of the committee, which can never be admitted.
 Having thus expressed an opinioD upon the general extent fihe power claimed by the Secretary the mtee proceed to consider the reasons which he has reported to Congress the particular grounds wh. the power has been exercised in the present case.
 The first reason assigned by the Secretary, is the nenr approach of she period when the bank charter will expire. That period is the 4h of March, 1850, more than two years distant; nearly two years and a lalf at the time of the removal. Thvce sessions of Congress are in the meantime, to be heident and in- asmach the Secretary himself says tias !he power the place of the deposites for the public money would seem properly to belong to the legislative de- partment of government" the committee think u might reasonably have been expected by him thai congress would fail to make, iN FeasOn suitable reguat'ons on subject thgs admitted Ia be within the ust exer- else of its au.hori,y and properly oi it's duties.
 Why, then shouid he not have waited tiIi Congress had seen 6s et ep0n the euseets Of hau manested disposition nol act3 The matter oi the dsPosIes had been befos Congress las. session. and Congress had then toaet no provision 10 be- as yet necessary ls undoubted bSse was, tlet the pabc monies shoud remain where lhey were. Fms was manifested by was fast approaching, aud why not the whole sub feet left where Congress had choys 10 leave M the end o its last session, to await the free exercise of it's legislative pOwes at ihs session! Itmigbt have been
 ii for ghe ExecItve caa the attention of Congress, at this time, ig ahe necessity of some legal provisions respecting the lure custody 0f the pubIic moneys; and t would dohblless have beeaproper tor Cesgness
 without such cal; take ap and consider tue subject
 whatever, in the approaching expiration of .he char ter, ior change SO sudden, and producing such m