Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-02-10
CON GRES SION Al.
REPORT OF THE FINANCE COMMIT
TEE CONTINUED

j
Having thus expressed an opinion upon the
general extent of the power claimed by the
Secretary, the committee proceed TO consider
the reasons which he has reported to Congress
as the particular grounds on which the power
has been exercised in the present case.
The first reason assigned by the Secretary is
the near approach ofthe period, when the Dank
charter will expire. That period is the 4tn OF
March 1886 more than two years distant al
the time of the removal. Three sessions OF
Congress. are, in the meantime, to be holden;
and inasmuch as the Secretary himself says that
I" the power over the place of the deposites tor
the public money would seem properly to be-
long to the legislative department OF Govern
ment.n the committee think it might reasonably
have been expected by him, that Congress would
not fail to make, in season, suitable regulations
on subject under its authority, and properly one
of its duties. ~
Why then, should he not have waited till
Congress had seen fit to act upon the subject, or
had manifested disposition not to act! The
matter the deposites had been before Congress
last session, and Congress had then thought no
provision to be as yet necessary. It's undouot-
ed sense was, that the public moneys should re-
main where they were. This was manifested
by proofs too clear to be questioned. Another
session was fast approaching; and why was not
the whole subject left where Congress had cho-
sen to leave it at the end of its last session. to a.
wait the free exercise of its legislative power at
this session? 1t might have been ut for the Elk
ecutive TO call the attention OF Congress, at this
time, to the necessity of some legal provisions
respecting the future custody of the public mo-
news; and it would, doubtless, have been proper
for Congress, without such call, to take up and
consider the subject at its own suggestion; but
the committee see no reason whatever, In the
approaching expiration of the charter, for
change so sudden, and producing such impor-
tant effects, made so long before that expiration,
at time when Congress had recently had the
subject before it; and when, too, it was again
about to assemble and would naturally have
reasonable and full opportunity to adopt any ne
cessary legislative provisions.
The Secretary has stated no reason SatlSfac-
tory to the Committee, for not deferring this i'm
portant step until the meeting of Congress- He
sets forth no emergency, no sudden occasion,
nothing which, in their judgment, made imme-
diate action by him necessary.
The Secretary supposes it to have been his
duty to act on the belief that the bank charter
would not be renewed and he refers to recent
popular elections in support OF this opinion. The
Committee believe it altogether unusual for rea-
sons of that kind to be assigned for public and
official acts On such subjects, opinions may be
very various Different and opposite conclu
sons may be drawn from the same facts by diff
ferent persons. One man may think that can
didate has been elected on account of his oppO-
sition to the bank; another may see, only that
ne has been chosen, Notwithstanding such oppo-
siton. One may regard the opposition or the
support of any measure, by particular Candl-
date, as having been, itself, promoting cause
of the success of his election; another may es-
TEEN it as a formidable objection, overcome,
however by more powerful reasons; and others,
again, may be of opinion thatit produced little
or no effect on the one side or the other. But if
differences, less uncertain, could be drawn from
such occurrences, the committee still think, that
for public officer to presume what law the
Legislature will or will not pass respecting mat
tiers of finance, from the election of a particular
person to be Chief Magistrate, implies conse-
quence from such election which the consttu-
tional independence and dignity of the Legis-
lature do not allow to be admitted.
But if for this, OF other reasons, the Secreta-
ry had persuaded hmselfthat the charter ofthe
bank would not be renewed, still, it certainly did
not follow that the deposites ought to be reno
we'd before Congress had decided on the hands
into which they should be transferred and had
made suitable regulations respecting their future
custody. Itthere were good ground for think
ing that Congress would not re-charter the bank,
for that very reason there was equally good
ground for supposing that it would make proper
and suitable provision for the keeping of the
public moneys elsewhere. How could the Sec
rotary doubt that Congress would omit to do
that which he AYERS to be one of its appropriate
duties? The question is, not what measures
Congress might be expected to adopt-whether
the re-chartering of the bank or what other
measures; but whether it ought not to have
been presumed that it would adopt some meas
ure and that seasonabe and proper one, &C
cording to its power and its duties and whether
therefore, this anticipation of the action ofCon-
gress on the eve of its session, is to be justified
The bank charter declares that the deposites
of the public money shall be made in the bank
and its offices and that the bank shall continue
till March, 1886. Where does the Secretary
find his power TO decide that the depostes shall
be so made but for seventeen years from the
date of the charter, instead of twenty? If he
NAV thus withdraw the deposites two or three
years before the expiration of the charter what
should restrain him from exercising the same
authority FIVE years before its expiration, or ten
years? A plain and cogent necessity, the ex-
istence of a case which admits of no reasonable
doubt, and which is too urgent for delay till Con-
gress can provide for it. can alone justify an in
reference with the public moneys lodged in the
bank by law for the double purpose of safe keep
ing and fulhlment of solemn contract.
But supposing it not reasonable for the Score
tary to have expected the internosition of CON