Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1834-12-15

giving the preference 10 tn Government, wbie
was tho dfawcr. and, IN ell CT of these cvtns, II
rom for difficulty. Ivy this extraordinary clam
would probably lave been lei,. Bu, as these n
gents preferred n different eoatsc, thereby js'l,
'mpa,,ing the further conf Iencc of the Govern
ment IN ihcr discretion, It would seem that III
BANK, IN The nrx' place. having been the genera
hsea agent of the Government and tho primer
one, IN Importance, should nnye returned The bill
and nude no charge oga,nsi lis prncipal the UNI
ted States, except fr tho actual advances, AMI III,
actual costs nnd cxpcrscs IT had incurred IN thu
transaction. The actual advance by the Bank
when the bill wns or finally received had only been
matter OF form, and were nothing.
| The money, IN fact, never belonged 10 this De.
rarlmon except IN trust FOR tho merchants thei,
| widows aud orphans, who Ind suffered by Frencl
spolla,lons, aud . sum exceeding the whole amount
of II having been left in the Bank and its branches
| and ~ pa,t of tho money having ever been brought
| iaio the Treasury by warrant II was immediately.
| on notice Of the protest. restored IN FORM and a vii
l'nsness was cxprcssc 10 make remuneration TO the
Bank for oil reasonable costs and expenses But
the temptation Of an opportunity To obtain more
from ITS principal, by novel species Of litigaiio
through virtual judicial prosecution for the DANA
ses ea,rs the government OF the Union, seems 10
have been too strong for resistance and the Bunk
concluded 10 depart from the equitable rule, AMI by
some technical regulation ofsirict law between In.
o'Vldnals, 10 attempt 10 procure large sum- as
mere constructive damages, and by the cxtrnordna-
~ mode of scizing on the dividends which had
been declared, by the Bank Itself TO belong the
United States, and of Withholding them to nbide
the ordinary contingencies OF a law sun. II seems
To have preferred thus unprecedented rather
than 10 pu sue the usual mode OF a petition address
sed tn the justice Of Congress, though Congress is
la ,ko u
for adjusting conlrove,,ed claims against the Go.
vernmcn,, when no suits pending by the United
States and the only tribunal which under tho Con
slituiion Is ever empowered TO appropriate money,
TO discharge any claim Whatever. Alter applying
TO this Department, aud being 80 long ychr ngo
last June informed OF It's inability TO admit or hu
thor,ty 10 discharge the damages demanded il 10
remarkable that the Rank should have continued TO
pay over the accruing dividends, and not TIL after
the last Session closed and when any deficiency in
the current revenue could not be provided for,
should, without any prior application To Congress,
have resor,cd to this unusual proceeding, and
sought 10 have It's claim against the United States
ndjud.cated by the judiciary, when the u. Slates
are not amenablo to any citizen or corporation,
high or low, before the judiciary for the decision OF
any clam, unless they have, of their own n cord,
been pleased to resort 10 thai tribunal by previous
acton against n dcblof and, IN which event only,
~ a set of under cer,"," h..,.,ions, uutnorzcd 10
be pleaded us either equitable or legal. But, htre
the United States had instituted no such action
| against tho Bank, aud bud no intention or iounda
ton to institute one and yet the Bank, not in the
provided in the charter, whore dn idends might
he withheld but by untaiihful uct us an agent,
and public corporation lo@ards is principal
md he community, proceeded 10 seize their dvi-
dcnds IN case entirely dillcron', aud most qaes-
ton ,blc, in equity will AS law, and refused TO
fulfil the du'y, imposed by its charter and by civil
and motol obign'Ions, OF paying over those dlyi-
dcnds promptly to the Treasury. In tho adoption
OF this ieprehcnsIblc course, an attempt Is made 10
force tho Government either o lose their dividends
entirely, or to pay controvcrIcd claim for dana
gc4, which, so far Nh any Of lis Departments or
officers have examined y, was found aud pro-
nounccd TO be g,oundiess or consent TO let the u
nued Sin,s be nrtagned as d hior md con PEELED
| 70 submit the claim 10 decision before branch OF
ihc,r own Government 10 Which such claims afe
| not ordinarily submit ed, AMI 10 VIII So decision
i, could mol b. referred IN this instance, IN, 10y the
pr vous commission on the put OF the Bank, OF a
deliberate violation Of rs obhgat,pns.
The further attcmPt appeals 10 be made IN this
| why to tnke from Congress and ,hc Exccu'ivc the
Constitutional power, their high Off ral respon-
slbiilcs and deep sense of dutv TO nuke Withhold
| appropriations to discharge all conlrovcrted L.
mands gain the United Stoies, md to enabc tho
| judiciary instead Of them, indirectly md I'M
| conslinlionay To make these npproprla' ions, II,
all OF citizens corporations, who possesses
| doubtful cluims, "nd are INSCRIPTIONS enough 10
comn,ii in order to prevent their n'j1dicoi on by
| Congress debcfa'e ai'ack ON the properly Of the
Uned States or a deliberate sequcsration OF lheiI
| ackno lodged dues.
For further and more detailed views on this cx
trnordlnary case n reference Is made to the whole
correspondence and opinions annexed, without ia,
discnssio, Of any course, which the power and tn,
wisdom of Congress nrc able TO select for cvineing
| us opinions this outrage, whether by VIII
drn wing lnduls from the Bank tothe receipt
OF its notes for public dues; or by adopting som,
other TN the subject which the nature o.
he irnpsnctlop the hts ofthe United States mt
the constitutional authority of congfcts, may b.
thought to justify and demand. Believing that
similar seznrc was not likely TO be repeated by
the Bank IN 1885 under the other rrctcnce of sat
lsfylng claims Of damages, in consequence oil III,
removal of tn dcpoS'cs, as set up IN is secont
letter. this Department has estimated the pfobab
revenue The ensuing ycur from this source, nj tn
usual rate of dividends lately made, on all our sto
in the Bank, remaining after the sales which hav
aiken place for the inves ment of the Navy Pen
sion and Uospuul funds But should Con
gress, on a foil examination OF the subject thnl
o'herwic, i, may be pfoyldent 10 supply som
other equivalent for this portion Of he estimated
recc hs.
The estimate Of revenue from nis:cll ,neous sour
ccs has been computed lutte btlov the nc,unl re
ccp,s of the current yea, bee luse the Dividend
applicable to general purposes will be on n less n
mount Of Bank Stock and The anciTnt soIcs o
tIa F,,l Of If,