Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-12-08

ceeding and sought 10 nave It's claim agalHst TIC
United States, adjudcated by the Judiciary,
when the United States are not amenable TO any
citizen or corporation, high or low. before the
Judiciary, for the decision of any claim unless
thew have of their own accord, been pleased 10
resort to that tribunal by previous action
against debtor; and, in which event only, Is
a set off. under certain limitations, authorizeo
to be pleaded, as either equitable or legal but,
here the United States had instituted no such
action AGAINST the Bank and had no intention or
foundation to institute one; and yet, the Bank,
not in the case provided in the charter where
dividends might be withheld, but by an unfaith-
full act as an agent, and as public corporation,
towards its principal and the community, pro-
ceeded to seize their dividends in case entire
ly different and most questionable in equity as
well as law and refused 10 fulfil the duty lmpo-
sed by its charter, and by civil and moral opil-
cations Of paying over those dividends prompt
ly to the Treasury. In the adoption OF thls re-
prehensible course an attempt Is mace 10 ioICe
the Government either to lose their dividends
entirely, or 10 pay controverted claim lot I'd
IMAGES which, SO far as any oil It's Departments
or officers have examined il, was found and
pronounced to be groundless: Or consent 10 lei
the United States be arraigned as debtor and
compelled to submit the claim to decision be-
fore a branch Of their own government, 10
which such claims are not ordinarily submitted.
and to whose decision it could not be referred
in this instance, but by the previous commission
on the part of the Bank of deliberate viola
ton of its obligation. The further attempt APP
pears to be made in this way to take from Con-
gress and the Executive, the constitutional po-
Wer on their high official responsibilities ana
deep sense Of duty, to make or withhold appro-
priations to discharge all controverted demands
against the United States, and to enable the Ju-
dcary instead of them indirectly and uncon-
stitutonally to make these appropriations, in all
IF mr. DOSSeSS
doubtful claims. and are inscriptions enough
to commit i'm order to prevent their adjudication
by Congress, deliberate attack on the proper
ty of the United States or deliberate seques-
tration of their acknowledged dues.
For further and more detailed views on this
extraordinary case, reference is made to the
whole correspondence and opinions annexed,
without the discussion of any course, which the
power and the wisdom of Congress are able to
select for evincing its opinions on this outrage,
whether by Withdrawing indul9ences from The
Bank as to The receipt OF its notes Tor pubic
dues, or by adopting some other measure on inc
subject, which the nature Of the transaction, the
rights OF the United States, and the constitution
al authority OF Congress, may De thouSnt 10
Justify and demand.
Believing that similar seizure was not likely
to be repeated by the Bank in 1885, under the
other preence of satisfying claims Tor DANA
ges, in consequence of the removal Of the depo-
sites, as set up in its second letter. this Depart
ment has estimated the probable revenue the
ensuing year from this source at the usual rate
of dividends lately made on all our stock in the
Bank, remaining after the sales which have ia
ken ola e for the investment of the Navy Pen
sion and Hospital funds. But should Congress,
on a full examination Of the subject, think
otherwise, it may be provdent to supply some
other equivalent for this portion OF the estimated
receipts.
m. .,,;,,,,,. of royonue from, misc oil a cons
sources, has been computed little below the
actual receipts Of the current year; because the
dividends applicable TO general purposes VIII be
on less amount Of Bank stock, and the antlcl'
pated sales Of such stock to meet the further
wants of the aforementioned funds, will be
much reduced.
In this explanation of the estimate Of the re-
ceipts during the coming year, it is hoped that
satisfactory reasons have been assigned to show
its general accuracy This estimate being one
and half millions larger than that of last year,
it is more likely to exceed than, like that, 10 fall
short of the actual result. That estimate prov
ed to be less than the actual receipts, probably
about S2,OOOO0O, or from customs, about ST.
200, OOO from lands nearly $S00,O00; and the re-
sidue chiefly from larger sales of Bank stock as
before named, than was anticipated. AS the
first deduction Of 10 per cent. from the excess
of duties on goods imported, and paying over
20 per cent. ad valorem took effect on the 31st
Of December last, it was not practicable to Tx
beforehand with much certainty the amount OF
the diminution on account of it from the reve
nue. of the year, as the same value of merchan-
disc might not be imported as in any previous
wear, which should be selected for guide in
forming the estimate; and the particular kinds
of merchandise thus imported, whether free or
paying a duty, might greatly fuctuate. To
these uncertainties in the whole value, and in
the kinds of goods imported, were to be added
the circumstances that the system OF reduction,
going into operation, was almost entirely new
in practice; and that the cash duties substitute
ed for credit on some articles, tended to render
former means of calculation still more inappli-
cable and doubtful
1t is hoped that as the ensuing year is exposed
chiefly to only one of these sources Of uncer |
tanty, which is the whole value of dutiable
goods imported, the estimate made for the in
come from Gust ms. will not vary essentially
from the amount of receipts which time may
prove to be correct.
In relation to the excess of revenue received
from lands over the estimate made for the year |
1884. the amount from that source happened TO