Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-13
" itsell. or expressly conferred them ON the

VaDnOt prevent The bank
from being received at the hoe, and the land Off
ees even after they should he dscreed; IL he have
power 10 ouch ia amy way, the millions stock
ne'ons'ng to the GOvernment; the power OF exanina
non iuo the proceedings OF the bank be given him.
but 10 either House of Congres.; II he have no power
but Cong and Preside n has ROVER ,o
legal investigation into the conduct OF the banks how can
II possibly be maintained that general and
guardianship over the public welfare, 50 tar as il is con.
nected with the bank is coo6ded him. and tia, hi.
thory 10 remove the deposes WAS given mn, n, pro.c,
the deposies themselves, aud secure their proper u
10 eAo'e nun 70 enforce upon the bank under penalty OF
"e. removal, such course OF management his seue
o' me pubic interest," and the nve,ence Of the people
"'y 'equre9 Such construction would give the law
strange aud uadeservcd character II would convert
o power OF removal intended for remedy aud redress
mo M re Instrument OF puni.hneni; ami would
ne 'ne ioi'cuon OF that punishment without hearing
az IN the very which the law yet says that viola.
uon OF duty be charged the charge shall AMI
before Judgment pronounced and the duty of
ths Charge aud OF prosecuting it TO Judgment is given
NOT TO The Secretary butte Congress- aud the
inc contingent power given 10 the Secretary to re
The deroses, evidently shows that Congress
ed The possibility OF the happeuiuy OF some sudden
10. Wme"' ener no other remedv was provided,
wh'ch could be applied with sul ien aud
'or when evM removal would he a iu. and sppropri.
s e ee"y' lhe remedy prescribed. then, teaches u.
the nature of the evils which were sppiehe,uiet We
eau reauity understand that danger the funds
one, ami probably the chei OF those evils; because
ehdhSe ino other hands IL the remedy and
measure which would nationally Suggest itself to all minds.
as the proper security against such dange and change
the remedy actually prescribed Neglect TO transfer ,he
dePoses from one place another the exiyencs or
government might require, aud thereby TO furnish tbos.
iaciies OF exchange, which the charter OF the
oank without commission and without charge is another
evl' Tor which, should it happen the remedy would ma.
Way DO the withdraw ny OF the funds, aud the placing
"e y, nelr Iorner custody so that they could be
transferred or exchanged by the Treasury itself
@ VINO can see any come xion rcls,on such as or.
eH,ss between AN evil aPprehended, and a remedy
ptoposcd-between such an evil as supposed over t:
count for Instance. by the bank at one time or am nsr
discount at another, and The abrupt renovsi of the
sues. ana no one can see the xon how can il,
in oiv sI,a,,
NEEDY, Congress had in view any such evil.
question may arise between the Government and m.
@ respeeung NE right oil the parties TO the sum OF
French bill " " ~ " '
1t is question on whish different opinion. may be n
tertaned and which is in its nature, tit for judicial re.
cison. Does any man Imagine that such case as This
was IN The eye OF Congress- when they granted ,I, now
ct OF withhra"ing the whole public treasure from the
oahK Cah IL be Tor one iuomcat maintaiuet that Con.
gress Intended that in such case tie Secretary sbouId
compel the bank 10 adopt his opinion by the
~ pOmer, lne very exeron OF which dersages the
ency 'hereres with the industry OF the people and I'M
uer some circumstances, would hazard the safety OF the
whole revenue. 10y " ''
The Committee think it canno, admit of rs,;on, soh,
that II Congress had intended to give TO The Srre,r"
any power whatever directly touching the
themselves no! only would il have specially pointed out
,he cases. bn would also, assuredly have proyi
ded remedy more suitable Tor each case. The nature of
remedy, therefore, which is prescribed clearly shows
the evils intended TO be provided against.
10 admit the Secretary's conduct i, subject IN ro .o
troll but his own OF the general in,ees, and
nence oil the people is 10 acknovvl The xenc l.,
nus hanus' oil discretion so broad and unlimited that
us consequences can be less than TO subject no,
only all the operations of the bank and its Offices
u. us powers ana capabilities perhaps lis very ex-
isehce 10 ms individual will. He is of opinion tina,
Tue I'd" creaung H. is In many OF its provisions I'm.
constitutional; he may not unnaturally therefore. es
TEEN 1t to be his duty TO restrain and ohsruct to
We utmost OF his power the operations of thos, pro
VISIONS thus deemed by him 10 be nconstution,I Ill
Is oil opinion, that the existence OF such powerful mo-
monopoly Is the liberties Of The people
from q
ohcal duty, he is to follow guide but his own sense of
ue interest oil the people, he might feel bound IN
; I e operations oi this dangerous monopoly, diminish
e"cu'auoh curtail Its MEANS and prejudice its credit
10 accomplish these very purposes and these alone he
nigh Withdraw The deposiies The power given him nv
congress, would thus be used 10 defeat the win nj 90
gress, in of its most important ac,s bv d;sc,i,;
ana otherwise inurousiy affecting an ms tuition wbch
congress has seen fit to establish, and which il has de-
oil its charter. Wv r' ''h
Inc power conferred on the Secretary is trust pow
H nd IKE oher trust powers in the absence Of EXPRESS
terms, setting forth the occasions for its exercise n
De construed according the subject and object If ,
uust As in other OF the deposite of monevs In
Ssnks' the primary object sought be by
Congress py mat provision OF the charter row under
consideration, the safe Keeping the money The Se
crearys trust, therefore. primarily prncipay res
pee,s ne SAFE Keeping But another object distinctly
disclosed In the charter, which object is intimately con-
nec'eu WIN the fund.- and that its traner and exchange
rom place TO place. as the convenience OF Governmen,
might require. The Secrearys trust
also this other object thus connected with The n,nd 80
when either OF these objects requires a removal, reno
becomes Just exercise OF his authority To this en-
tent none can doubt the existence of his power n in
un' ne money believed to be unsafe; it, in truth the
oahk WIN not grant the facilities which has promised in
consideration OF receiving and holding the fund thsn 60
hhy' IL ought to be removed But here the now pr mus
eop OF else II Is altogether unbounded. Here i, inc,
anu reasonable limit, consistent with the character nj
power, consistent with the general duties of The sc'
dsd ''' CONSISTENT WIN 'Ae nature OF the remedy prOvi-
The character OF the bank is the law it /, the
ed VIII oil the legislature. That will is that the b,nk
oa exist win all It's powers TO the end of its term
NAT WILL too as the committee think is that the pubc
uePoses sha continue IN the bank, long "a thew are
sale and so long as the Bank ulls all its dv in regard
10 Them The Secretary assumes a broader ground. H.
caims rgh TO Judge oil the OF the bank on
an SUBJECTS Admitting the fund be safe and admiing
ha' me bank has performed all its duties in regard 10
ne claims an authority, eheless TO remove ,I eno
sites whenever he shall form an opinion foundeJ an IT,
conduct oil the bank in any particular whatever and how
ever unconnected with the public MONEYS that the gene
RAJ interest OF The people requires such removal H. i'm his
opinion, II discounts TOO little, discounts too much II
or contracts Its ulaion too last. slow; if
us committees are not properly organized If IL claims da
images on protested bills which ough not to claim If
I'D MS opinion, su 1t is guilty Of wrong meddlinp in mo-
MUGS or II do any thing else consistent With his
Sense OF he puoc interest; he has right visit il with
withdrawal oil the public money from lis CUSTODY
IL .hs claim OF power he admitted, it would seem 70
me Committee TO be fair result, that the Secretary has
power 10 Withdraw the deposltes, no other b
a ne dhers with Congress upon cons tiuooal autho
ny 10 create any bank, upon the nj
hs particular bank, or upon The utility of connu;n IL
VIC exercise oil It's Chartered powers aud privileges ill
Its term shall expire. 81 "
The committee, therefore, are OF opinion tina, i, M,
me intention oil the Legislature TO give TO the
VI ue ieasuTy general guardianship over he p,bc
neIess III an matters connected with the bank; but thar