Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1834-02-13
Congress of the United StafeS.
IN sENArE

the recent conduct Of the Bank Of the United
States, in refusing 70 deliver The BOOKS, papers
and funds in its possession, relating TO the exc
cution Of the act Of Congress Of June Uh, 1852,
entitled, act supplementary 10 the "Act Tor
thc relief Of certain surviving officers and sol
dicrs Of the Revolution" The correspondence
reported by the Secretary OF War, and herewith
traushlittcd will shew the grounds assumed by
the Bank 10 ustify its refusal TO make the trans
fer directed by the War Department. II does
not profess 10 claim the privilege OF this agency
as right secured TO il by contract, nor as a be-
nedt conferred by the Government, but a bur
then from which it is willing 10 be relieved. II
places its re- fusal upon the extraordinary ground
that the corporation has right TO sit in Judgment
upon the legality Of the acts Of the constituted
Authorities, in q matter in which the Stockhol-
dcrs are admitted to have no interest, and IL i'm
pode5 and defeats, as far as its power viii per
n4lt, the execution Of a measure OF the admins
traitor, because the opinion Of the corporation,
upon the construction Of an act Of Congress, dii.
ftrs from that Of the proper officers Of the United
States
The claim of this Corporation, thus to usurp
the functions Of the Judicial power, and TO pre-
scribe to the Executive Department the manner
inwhich II shall execute the trust c0ntdcd to IL
by law, is without example in the history of our
country. II tha acts OF the public servants, who
are responsible TO the people for the manner IA
which they execute their duty may thus b.
checked and controlled by irresponsible mo
neg corporation, then, indeed, the whole frame
of our Government is changed, and we have es-
tablishcd power, in the Bank Of the United
81 1tes above what derive from the people.
1t will BE- seen, from the accompanying state
ment marked A, that, according 10 the latest
accounts received at the War Department, the
Bank Of tn United States ard IT'S Branches have
IA the h possession near half million Of the pub
lie money, received by them under the law Of
1882, Which they haye not yet accounted for, and
which they refuse to pay over to the proper a
gents. for the Of those persons Tor whose ben
SHf il was Withdrawn from the Treasury. II is
10 b. regretted that this attempt on the part Of the
Bank 10 guide and direct the Executive upon the
c9n tuction and execution OF an act Of Congress
should have been put forward and insisted on in a
case where the immediate sufferers from their
conduct will BE- the surviving veterans oil the Re
evolutionary war; for this evil falls exclusively !
upon the gallant defenders Of their country, and
delays and cmbarrasses the payment of the debt
which the gratitude Of the nation has awarded TO
them, and which, in many instances, Is necessa-
~ for their subsistence and comfort IN their de-
clinine years.
The cha act n Of the claim etup by the Baub
and the interest of fhe-parties TO be Immediately
Affected by it, make it my duty TO submit the
whole subject TO the consideration Of Congress:
and leave it TO their wisdom 20 adopt such
sires as the honor of the Government and the
Just claims Of the individuals injured by the pro-
ceedings, may be deemed to require.
Having called for the opinion Of the Attorney
General upon this occasion, with view to a
thorough invest cation Of the question which has
close a copy of the report of that officer and add
ny entire concurrence in the views he has taken.
ANDREW JACKSON.
February 4, 1884
The message having been read
MIR. CLAY rose aud said, that we bad heard
early in the last month, that whilst the conduct
Of the Executive, in relation TO the seizure Of the
public money, under discussion, and before
any decision OF Congress on the subject, the Elk
ecutive not choosing to wait for any expression
Of the legislative will, was proceeding in the
scation of his design of September last and that
attempt had been, or would be, made, to take
away from the United States Bank the agency
which had been confdcd by law TO that ihsttu-
tion, in relation to the payment Of the Revolution
airy pensions. He would not say that he was
sugprizcd at this, He was surprized at nothing
which lad been, or might be attempted by those
who had obtained the practical possession of the
Executive power Of the Government. lie had,
he said, looked into the question concerning the
payment Of the pensions, and il was his opinion
that this agency had been confa ID to the Bank Ct
the United States by law; that the Executive
had no right to take away this agency from the
institution, and that the doing eond only be
regarded as a continuance of that career of as
sumption and usurpation which had been COM
Iacnoed during the last year against the Bank.
lie was glad that the Bank had now resisted.
We had heard nothing of this subject until yes
ter3Gy when my friend from Mississippi (Mr
PoISDEXrER) made motion TO call for copy of
this correspondence. The resolution proposing
this call, TO have been again called up to- day
and this may account for the communication being
now made TO the Senate. This agency, Mr.. G.
repeated, had been conGdcd to the Bank by law,
and this fact was acSaow lodged by the Executive,
when the Secretary of War rctraccd the steps
which had been taken TO remove it at Albany
Thus itappeared hat the agency had been confid-
ed to the Bank, and that the Executive had re-
cogniZed the fact that II was so contded. And
now, what had been done? A message had been
sent to the Senate by the Executive, in pursuance
of ME for he q de
nouncing the institution because il had not viola
ted an obligation which was imposed upon it by
act Of Congress.
Mr. C. said he had considered il to be his duty
TO make these remarks. He hoped that the mes
sage would be referred 10 a committee which
would enter into eXaminative, for the purpose
Of discovering whether there had been any vio-
Gton Of duty on the part OF the Bank II it should
appear that there had been any such violation Of
dutv on the part Of that institution no one would
be more ready than himself TO apply proper and
p-onp; correction If the evil. But, if the com
mittee should find that the Executive, and not
the Bank, had violated its obligations and its
duly, he hoped that there would still be found
determination in the Senate 10 apply corrective.
He moved that the message be referred to the
Committee on the Judiciary.
MIR. GRUSDY had not very closely cxamin-
ed the question, but he rather thought that the
Baak was not the legal agent for paying the pen
sions under the law Of 1882; upon which the OPT
Mon expressed in the Message of the President
Just read, had been predicated. MIR. G.. went
on to express his disapprobation of the Senatc's
giving any expression of its opinion, one way or
other, the subject, at this time. The Pres-
dent had laid the whole matter before both Houses
Ct Congress; and until an action by their Com
mittee was had in relation TO it, il seemed TO
him premature TO express any opinion upon il.
lie concurred with the Senator from Kentucky
(Mr. Claw that the message ought TO be com
rlitted 10 the Judiciary Committee, and, in add-
uon to the motion Of that gentleman, he moved
that the papers be printed.
Mr.. CLAY stated that it was not his intention,
at this time TO enter into any argument on this
question. lie had explicitly avowcd this before,
therefore It was not necessary for him 10 insist
upon If. In reference TO the opinion Of the At
torney General, ACCOMPANYING the Message.
(w hich had been alluded to by Mr. GRrNpY, )
Mr.. &. said he had long ceased to respect the
acts or opinions of the different Departments of
- H..