Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-01-29

of the hest and noDieSt KIND = lucy 80,
~ rt these Facts influenced these Directors When
.ias Iacad his name. as an agent, in these pub
,;cst;pns. and without inquirlng wnat was the
natnre and extent of that agency. but, slr, the
Movement will produce no effect, favorable 10
.he;r wishes. with the People, whatever 1t may
do with those in power. They know Wen tnae
the name of John Sergeant cannon pc assoclat-
ed with Illegal. dishonorable, or dishonest puI-
noses. For myself, I~rejoice that was permit
ted TO Give him nv suffrage. He is a man, mild
amiable. u~nassuming, Observation-Disclosures hrm,
decided. and energetic, "not early won, to lawn
on any man. Always candid and frank, Win
no concealment of views, no management anu
finesse to bind p~artisans to his contfol; pfoiounu
in legal and constitutional knoWledge; pure, III
private life, as in public morality; a republican,
by birth, feeling, education, principle: a>paulol,
ardent and devoted to the best and hlghest IN
terests of his country; with a character totUS
feres ntoue rotundas. And should the time ever
come when he shall wear the honors OF ms couh-
try. even the highest, he will wear them Wllhout
a stain. | beg pardon OF the Senate ior my ueI
Walton from the strict topics of debate; but |
could not restrain this slight expression OF re-
spect and friendship for a man who is eminent,
ly worthy of both, as he is OF the regard ana
confidence of his fellow-citizens.
Sir. have matters arrived at such a crisis, III
this free land, that the publication OF such docu-
ments as those which have mentioned, IS TO De
criminally punished, without law, by the Elk
ecutive? That an individual may not circulate
napersr relating to his character and proceedings
with impunity? If so, let it be so recorded 6y or
pote-and let the people know 1t. Let them be
told. that official documents, and able discus
sions, may not be sent to them, UnteSS Mey 40
rocate the ErecUtipe. And let them be told fur
Their, that, if a corporation presumes 10 delend
itself from any imputation, which one man ana
has partizans choose to throw upon il, its legal
-: 800. T. N ortaroA YiOhtS NAV no taken A.
way. mithout trial-and at the nod OF power.
Mr.. President, the Bank had not only the le-
gal right, but the moral obligation rested on IL,
to defend itself. 1t has at least the privilege
which we allow to the lowest wretch IN the com
munity, TO whom neither our laws nor our leei-
ings deny the privilege of self-defence, or the
permission to publish d denial ofthe guilt, charg-
ed upon him. But, sir, If the Bank has acted
incorrectly-G it have violated its duty and Its
charter; there is a full and ample remedy provl-
ded by the charter itself. But howe by the
mower of the EXecutive2 No, it is not intrusted
to him; but by the tribunals OF the country, up
on the motion of Congress or OF the executive.
The Esd section, drawn by MI. Dagget, pro
vides, that, when there is reason TO believe that
the Charter has been violated, a scire facias
may be sued out Of the Circuit Court OF the
United States for Pennsylvania-that after 1t has
been fifteen days served, before the commence
ment of the term, the case may be eXamlned by
the Court and a forfeiture acknowledgements,
THAT EVERY ISSUE OF FACT JOINED BETWEEN THE
UNITED STATES AND THE CORPORATION, SHALL BE
TRIED BY A JURY-and there may be a review
by the Supreme Court. Is this law dead let
ter2 Was this provision inserted for no OBJ
iect, but that the Executive might trampIe 1t un-
der foot2 When Congress have provided a
mode of punishment, By Court and Jury, may
the Executive disregard 1t, and lntilct punish
| ment, Of another kind pithout triaR The Pres
A II 80 - - ~ oA,A1 A@rnp llnrnc thnt thnrn
was not time for this proceeding, before the eX-
piration of the charter. Is this sol He knew
the facts in April, '33, at least in August, '33,
and the charter does not expire until March,
$50. The Court sat in October last-and, in
one year, the final decision might have been
had. The late Attorney General ought to have
informed the President better. But if the allie
CATION was true, is that a justification? The
subscribers to the Bank ventured into the con-
tract, on the faith of this provision, by which
they supposed their rights were protected-and
if it be not sufficient for its object; If it fails, can
the Executive, of his olpn mere motion, supply
the defect. This assumption to punish the Bank,
in violation of this law, IS one OF the most gross
and contemptuous acts of disregard OF legal re-
straint, to be found in our or any other history.
1t spurns the high constitutional right of trial by
jury, and the laws ofthe land; and places on the
judgment seat the vengeance OF nrltated teel-
ings-of selfish prejudice-of party passion. |
entreat-Iimplore Senators thatthey willnot, for
any present purpose-for any passing object,
give co~untenance, in this nome Of constitution
al liberty, to this dangerous usurpation
Mr., President, l have discharged my duty
with no commonpain, by presenting my opinion
of the reasons which the Secretary has assign
ed for ordering the public money to be removed
from the Bank, which had, by law and solemn
contract, been made the place for its deposite--
the temporary Treasury of the Union--fOr its
safe keeping. | do believe that those reasons
are insufficient, and the principles which he
avows dangerous to liberty. Itis a solemn du-
ty in Congress to express its strong condemna-
ton of the act---to restore the money--and, as
far as practicable, to maintain the faith of the
Government. 1t is not the less necessary that
we should act promptly and efficiently, because
it has been done underline pretended sanction
oflaw. There are no more dangerous encroach-
ments against free institutions, than those which
are made under misconstructions of law, and
appealing to its authority. Nor, sir, is there
any tyranny more odious and terrific, than that
which preserves the forms of free Government,
while all its powers are centered in the will of
one man.
But we are told, though all that we have said