Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-09-04

sen,ial characles,icso being the receptacis OIL d"
public money, retaining secure and invoiate ior any
purpose but for appropriations and keeping IL ere,
for these-uu.eEs IL be Of the entire crcalioh' ao w.
the separate and independent supervision anu
ton Of the constituted authorizes ot the oh''eu S
This Treasury. TO answer the wise purposes vi i'' ~
,u,on ,npst of course be entrusted to Tue manage
ment of human agency; and this agency, 70 insure us
fidelity and efficiency must be hr'a s'f'ctS aco'""oe
and responsible, and made suscepuve Oh coercion no
nronar DISCHARGE of duty. The laws crea'ng ana or
a,niz;pps,he Treasury may and ought 10 contain sane
lions; they may and ought TO prescribe and enforce hue
and punishment for delinquency and failure Corpora
t,ns especially those existing by State authority, can
no, completely and sftc;uay if at ALL be subjected to
compusatory and penal legislation. Hence not only
the superior expedency but to my mind The necessity
of selecting ndtcduat rather than corporate agency
of employing natural rather than artificial persons II
this be So il be pieely and effectua
plished unless The Treasury is wholly administered By
officers of the Federal Government. Yes Sir the OH
proper Of the Treasury must be appointed and COM
m'ssonrd, officers Of the United States by authority
Of the Federal Government, must be amendOle 10 "'e
authority, punishable by the authority, a"u
BY the same authority removable from office. ,
According TO my perception, i, APPEARS ciear ara IN
dispGtable that the deposiie OF the pubic money 10 the
State banks and The grant Of its cnlire cuStody 10 'he
and their officers are violation of the positive provi
sions Of the Constitution which require tha hs pnoic
money shall BE- placed in the Treasury and There SO kep'
that part shall be withdrawn 1t any tn' or ioi any
purpose bul consequence Of appropriations made by
law" But the revenue. the public money thus on de
posiie although collected aud received IS not dcuaiyin
The Treasury Of Me States i, Is there only by con
temptation of the lawt is there only by the magic OF
legal construction The is placed in the pos
OF these corpo'atons they have The same use
and control of the public money for all purposes OF bu
siness, they have Of the money and funds of them
selves; and palpable contradiction o this Migrant ac
q cieduous and confid'ng constituency are grareiy IN
ved 10 believe. TO take il for granted, that the money
is really and lana file in the Treasury, lying ready and
capable of being drawn lhcreirom according TO law.
Sir, this requires force of Tie Imagination, trans
port of the fancy utterly beyond the exrrtions OF PLAN
sense and common observation II is Offering an Idle
mockcry to honest nan sreas"n. 1t cannot be that
the Of the people of this country have love Tor nc
and romance extensively cultivated so exquisite
y refined require arice and deception for its gra
tcaon, in the dull and dry concern OF account cur
rent of receipts and expenditures II cauno, be that the
people yet prepared 10 adopt system, aud stamp il
with "a na! consideration and deliberate adherence,
which authorizes and requires financial Inventions, in
stead Of IA regular statement and account OF the receipts
and expenditures Of all public money An honest and
confdirg people cheerully and generously discharge
all their public burdens; they ungrudgirgly and without
compliant satisfy the last exaclous ftheir Governments
with an interrupted simplicity, they readily believe
that their contributions, rendered in wiling obedience
TO law, will be put in their common Treasury, and
drawn out only 10 meet legitimate and necessary appro
prations and that their servants will give them from
time TO time, plain, inteigIbe and satisfactory expo
si,ion. Instead Of regular statement and account,
comprehensive TO ordinary mind they receive an
elaborate dissertation upon the condition o the finances
and an abstruse exploration Of aeaiiabe and gaaeaa
bic funds Tue very laws offence To their
of morality and their love Of truth because they require
technical misrepresentation Vi the true stale Of the
Treasury.
Sir Congress is guilty Of gross financial lapidaon,
by surrendefng the public n"nfy 10 irresponsible per-
and bodies polite for their own and benefit in.
stead of keeping securely IN tire Treasury; and but for
legal forms and techncaltes. wcu!d he justly charge
abe with pecua,iOn and enhezzieucnt The with
nifty prevented only by imposing them "a fiction Of
law for "a matter OF fact "
Mr. Chairman, have endravrrcd to show that tie
Constitution requires that The collected revenue shal be
safely kept in the Treasury at The u. S, and that il
canno, be in'ermediaely used employed, because
there is positive injunction against taking money
out Of lie Treasury but 10 meet appropriations made by
law.
have also endeavored to show that this Treasury,
which is thus 10 hold the public money, must necessa
rly il it accomplish its intended purposes be wholly
created and solely governed by tie authority of the T.
States Those who required Ia place money in n
Treasury aud 10 keep there securely, without being
used by themselves Others for any purpose, unt want
ed for specific object and are then bound to produce
it, must IN the very nature Of things no! only have
access to this Treasury but must asp to The entire
clusion of all oilers, have the entire possession and
control of IT, Vow, Sir, bank officers and directors and
stockholders DO correspond with this description Of
persons AID the banks do not; and cannot. constitution
ally constitute such Treasury as have described.
a mere direction TO deposle The public money in the
banks does not pSo jacto, convert them into The TIea-
sury. The act OF Congress does not create them, can
increase diminish their powers and cannot right.
fully stpualc for the performances OF service repGg
uan their charters. II will hardly be argued HAT Con
gress ms power directly and petenploy 10 require the
banks 10 receive, 10 keep 10 transfer, and 10 dshuse the
public m0neyto prescribe, by law, The manner ia which
these duties shall be Yerormcd and 10 punish for refusal
failure, neglect SIR, hazard nothing IN expressing
the opinion, that will maintain that Congress can
ala. han to- n.,
nue.. II there be no substantive power which can be
directly exercised 10 compel the banks 10 perform these
duties then The authority 10 accomplish the same end
ercui,ously, by indirect means and by cnnirivanCc.
must be derived by unfair interpretation Ii Congress
does truly possess the power under the Constitution 10
devcve this duty the banks then il may esi,inaicy
carry into execution and may adopt cOsrcjre measures
Not only does the Constitution expressly authorize the
passage Of all necessary and proper laws to cary in"
execution granted power bot is the very essence oil
law to exact obedience. a law is rule prescribed
which mus! be obeyed-;en olns dnty, and may compel
perfnrmance- speaks 10 command, and not 10 parley
and want OF appreciation cannot render law, en-.
acted in pursuance Of the Constitution Eugatory
tfy disobedence on the part of those 10 whom II is nd
dressed 1t sanction cannot lie anncXcd-ita penalty
be enforced then II is clear tia; there is wan,
of Legislative authority To command what il proposes
be performed In ether words, an evident and acknow.
lodged inability 10 enforce compliance, TO compel per-
Torrance, is conclusive proof Of the existence oil
the power. As then Congress cannot cnns,tuuonaliy
impose fine and punishment these corporations and
their officers for refusing keep the public money for
falling 10 keep it safely, for declining TO transfer dis
bursc il, for neglcc,ng TO refund i, when required,
even for enbez2ng it, it would idle 10 discourse
nbou, the existence Of substantive efficient power
TO prescribe and command such duties "A palpable de
feet Of power be supplied only in tho mode esigna
ed in the Constitution il cannot tc obviated by urfu
coutrvance By ndrec,ion, and By crcuty Of Legislative
action No com pact, stipulation. or agreement with
these corporations confer on Congress. the Exc
cutve, or any department Of this Government, add
tionsl powers. The authority Of Congress the sub
iec, Of finance and revenue cannot depend in whole
in part for its existence its e4sfion, upon The
or dissent of bodies polite. The consen, of ono more
States cannot empower Congress to 90 act not
ranled by the Constitution, can the dissent OF
more States prevent the exercise Of power clearly