Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-02-06
CON GRES SION A l..


his Private Secretary
To the Senate and House af Representatives.:
Ideemit my duty to communicate to Con-
gress the recent conduct of the Bank of the
United States, in refusing to deliver the books,
papers and funds in its possession, relating
to the execution of the act of Congress of june
9TH, 1882, entitled an act supplementary 10 the
"Act for the relief of certain surviving othcerS
and soldiers of the Revolution" The cores
pondence reported by the Secretary OF war,
and herewith transmitted, will shew the grounds
assumed by the Bank to justify its refusal to
make the transfer directed by the War Depart
ment. 1t does not profess to claim the prl-
vilege of this agency right secured to 1t by
contract, nor as benefit conferred by the Go
yernment but as burthen from which 1t is
willing to be relieved. 1t places its refusal up
on the extraordinary ground that the cor
poration has right to sit in Judgment upon
the legality of the acts OF the constituted au-
= thorities, in matter in which the STOCKHOLDERS
are admitted to have no Interest," and ltlmpedeS
3 and defeats as far as its power will permit, the
execution of measure of the Administration,
because the opinion of the corporation upon
the construction of an act of Congress, differs
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
in which it shall execute the trust contided to it
byl law, is without example in the history OF our
country. fthe acts ofthe public servants, who
are responsible TO the people for the manner IN
which they execute their duty, may thus be
checked and controlled by irresponsible mo-
ney corporation then indeed, the whole frame
of our Government is changed, and we have
established power, in the Bank OF the United
States, above what we derive from the people.
1t will be seen, from the accompanying state
ment, marked A, that, according to the latest
accounts received at the War Department the
Bank of the United States and its Branches
have in their possession near halfa million OF
the public money, received by them under the
law of 1882, which they have not yet accounted
for and which they refuse to pay over to the
= proper agents, for the use of those persons for
whose benefit it was Withdra wn from the Urea
sury. 1t is to be regretted that this attempt on
the part of the Bank to guide and direct the
Executive upon the construction and execution
of an act of Congress should have been put for
ward and insisted on in case where the imme-
date sufferers from their conduct will be the
surviving veterans of the Revolutionary War;
for this evil falls exclusively upon the gallant
defenders of their country, and delays and en-
barrasses the payment of the debt which the
gratitude of the nation has awarded to them,
and which, in many instances, is necessary for
their subsistence and comfort IN their declining
years.
The character of the claim set up by the
Bank and the interest of the parties to be inn
medately affected by it, make it my duty to sub
NIT the whole subject to the consideration of
Congress: and leave it to their wisdom to adobt
such measures as the honor of the Government
and the just claims of the individuals injured by
the proceedings may be deemed to require.
Having called for the opinion of the Attorney
General upon this occasion, with view to
thorough investigation of the question which
has thus been presented for my consideration,
enclose copy of the report of that officer, and
add my entire concurrence in the views he has
taken ANDREW JACKSON
February 4, 1884.
The message having been read
Mr.. CLAY rose and said, that he had heard,
early in the last month, that whilst the conduct
of the Executive, in relation to the seizure ofthe
public money, was under discussion, and before
any decision of Congress on the subject, the
Executive not choosing to wait for any express
sion of the legislative will, was proceeding in
the execution of his design of September last;
and that an attempt had been, or would be,
made to take away from the United States
Bank the agency which had been conhded by
law to that institution, in relation TO the pay
ment of the Revolutionary pensions. Hewould
not say that he was surprized at this. He was
surprized at nothing which had been, or might
be, attempted, by those who had obtained the
practical possession of the Executive power of
the Government. He had, he said, looked into
the question concerning the payment of the pen
sionS, and it his opinion that this agency
had been conided to the Bank of the United
States by law; that the Executive had no right
to take away this agency from the institution;
and that the doing so could only be regarded as
continuance of that career of assumption and
usurpation which had been commenced during
the last year against the Bank
He was glad that the Bank had now resisted.
We had heard nothing Of this subject until yes
terday, when my friend from Mississippi (Mr.
PoINDExTER) made motion TO call for copy
of this correspondence. The resolution, pro-
posing this call, was to have been again called
up to-day, and this may account for the COM
municatlon being now made to the Senate
This agency. MIR. c. repeated, had been conf
ded to the Bank by law; this fact was acknowl-
edged by the Executive, when the Secretary Of
War retraced the steps which had been taken
to remove it at Albany. Thus it appeared that
the agency had been confded to the Bank, and
that the Executive had recognized the fact that
twas so conhded. And now, what had been
done2 message had been sent to the Senate
by the Executive, in pursuance of his plans for
the annlhilatlon OF the Bank, denouncng the in
ton which was imposed upon it by an act of