Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-04-24

''i9 n4noritY OF the ronan,ittee Of Way
and Means, on the removal of the d.
posites. Submitted March 4, IS34-b
Mar. bINNEY, to the House of ReDresel
tatives.
CONTINUED. .....
~. The sccretary's communication ad
'i'ts that the public moneys were safe i
The bank, and that in the transfer of Their
from place to place, and in the Performance
OF every duty to the treasury, which tn
law requires, there was no ground of com
plant whatever against the bank Thes
FACTS are admitted, because, in communi
eation which accumulates all the reason
winch have governed the secretary. tber,
is no suggestion of danger to the public
moneys, Or Of infdclity in the transfer 0
them.
y. 2'hc causes which the secretary has
assigned for inc removal of the deposites
might, therefore, if the preceding psopy
sitlons are true, be generally rejected as
insufficient and illegal, since they do not
come within the only description Of causes
which the minority hold to be adequate. -.
Ahey are, however, deemed 10 be particu.
nlariy and specially inadequate, and most
oil them Tor reasons which are independ-
ehi OF any of The preceding Propositions
Such OF them as do not involve anv disnu-
ted aets, are inadequate in law. Those
which depend upon such matters of fact.
are inadequate IN law aud also IN point of
proof. Al of them which accuse the bank
OF violation of charter, and claim to pro-
coed upon that ground, are themselves in
ilagrant violation OF The charter, and of
the constitution Of the union, which ent,.
lie the bank Deorc the iniliut,oa af any
penalty whatever, to an impartial sentence
Of The judicial department. Upon these
reasons, the undersigned proceed to submit
the following remarks;
a the head Of the secretary's reasons,
is placed the expiration Of the charter and
cooperate powers Of the bank, on the 3D. Of
March, 1885. This Is reason which
congress by the cearest implication ia the
charter have declared to be insufficient.
!. By the 18th section, congress have
oxacteo of the bank, whenever reuSired by
the secretary OF the treasury, TO give tic
necessary facilities for transferring the
public funds from place to place within the
United States, or the territories thereof.
and foi distributing the same in paymen,
of the public creditors, during the continu-
ance Of the act; and also to do and per-
form the several and respective duties Of
commissioners OF loans, whenever requi-
red by law, which requisition was made in
terms of unlimited continuance, that is to
say, for the whole period of the charter, bv
the act Of 80 March, 1917 These provi-
sions of law are in irreconciabIe hostility
with the notion that, for the mere lapse of
time, congress authorized the secretary to
remove the public moneys from the bank
two years and more before the charter
would expire. The bank cannot give ia
clitles for Transferring and distributing
the public funds throughout the United
States, in payment of the public creditors,
without having the funds in her possession
to transfer ana distribute. The duty is
for the whole period of the charter. The
possession is Implied for the same period.
Whatever may be the discretion of the
secretary as 10 other causes, he has no
discretion to remove the deposites for the
mere lapse of time, since the 18th section
secured to the public, for the whole time OF
the charter, the performance of the duty
by the bank.
2. This cause has not, and never had a.
ny contingency about it, nor is the reno
val on account OF it, a remedy for an unex-
pected evil. If there IS any evil in per
uniting the aeposi,es to remain In the bank
until the expiration of the charter, con
gress knew that the evil would occur, un
less they should guard against it and ye
they did not guard against it, but gave thu
bank a right to the deposites for the whole
time, and received from the bank com
pensation proportioned to that time.
3. The cause is not we'll founded il
point of fact. The charter does not ex
pire on the Sd of March, 1885. Certain
Of the facilities of the corporation will ex
pire at that time, and certain of them viii
not; and the very facilities which will no
expire are those whose cessation would a
lone give color to the removal, upon tn
ground of time. The facility of retainin
the public and private deposites, and pay
ing them In such portions as may be re
auired, will continue after the Sd OF Marc
1855, in as much rigor as before. Th
baak will continue for two years after th'
time to be corporation for the purpose