Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1844-02-01

an agency at Richmond, employ one of the Ranks
there to act as its agent! What then becomes of
Mr. Iyler's statement that he never int nded The
Fiscal Corporation to possess in this matter more
extensive powers than the Banks of the District
now possess! The idea is too prepos,erous TO be
entertained Tor moment. Mr.. Tyler by granting
the power to the Fiscal Corporation 10 empIov
State Banks as agents, where the State laws for.
babe the establishment of other agencies. surren
dered the whole principle of State assent. II Won
can employ corporation against the assent of the
STATE You certainly can employ an individual un-
oer the Ike circumstances, to perform the same
Offices. Imagine there is no one at all verssd in
the hrst principles Of law, who will venture TO de
ny Inc correctness OF that proposition. Mark the
phraseoogy of MIR. Tyler. The first member
OF the sentence provides for the cases where the
State assent is granted. In that contingency !,
shall he lawful for the said corporation .sto estat
ilsh agencies to consist of three or more persons
The second member provides for cases where the
agencies are forbidden by positive enactments-
The Bank is authorized ''in case such agencies
are forbidden by the laws of the State to employ
any bank or banks at any place or places they
may deem proper" &c. Here, l repeat, it is man
Hest that the only difference contemplated by Mr..
iyieT, II he understood the legal effect of his own
| language, was to authorize an indiriduai ayencr
In me one case, and corporate agency i'm the 9TH
er. But still there tc0s 10 be an agency theiher he
assent W tie State ,cas girsn or tcifhheLd and in
ei'her v,nt the power OF the agent TO be the
SANE This is the plain and obvious Interpretation.
ana no other meaning can be given TO the Ian
gua9e without doing violence to every principle
OF construction and common sense.
but let us see how he understood and explained
1t himself. 1t will be borne In mind that this pa
per was written on the 10th August, 1871. On
the 18th the Wings in Congress agreed To it, and
sent Judge Berrien and Mr.. Serrean, TO him. On
the 18th, Mr.. Tyler assembled his cabinet to con-
suit them on the subject, and beg leave to refer
10 the Following testimony as to what occurred on
! that occasion:
/ MIR. Ewing, one of the most distinguished men
OF ohio, In his letter TO Mr.. Tyler, which ac-
companed his resignation of the office of Sec
ie'ary OF the Treasury In consequence of the Pres
iden's ins'ncerlty makes the following stateme mt
oil facts In regard to this matter:
The 18th being the day for our regular Cabinet meet
ing, we assembled, all except Mcssrs Crttcndrn and
and Granger, and you told that you had had long
conS ,rsa,on with Mcssrs Bcrren and Sergeant, who
proess.d 10 come in behalf of the Wings of the two
houses TO cndeavor TO strike out which
would be generally acceptable. That Sou had Your
doupis about the propricty of convcrsing with them
yourself and thought it more proper that you should
sers' You expressed wish that the whole subject
should be postponed till the session of Congress
on spoke Of the delay in the of the considcra-
uo" vi your veto message. and expressed anxiety
the tone and temper which the debate would assume.
mr.. Badger sad that on inquiry he happy find
inc pest temper prevailed in the two Houses He be
cea they were perfectly ready to take up the bill
ported BY The Secretary Of the Treasury and pass
Aoo TepllcI-'l ak not TO OF MIR. Ewing 5
Dill; II contains that odous feature of local discounts
whcn nave repudiated in my message then said
you, have no doubt sir that the House, having
ceraihed your views, will pass bill in conformity to
Them prov they BE- satisfied that it would answer
The purposes of the Treasury, and relieve country
on then sad-'Cannot my Cabinet sec that this is
Drought about! You stand by mc in this cmcrg,
ety. oannol you see that bill passes Congress such
can approve without inconsistency declared again
my belief that such bill might be passed And You
nsn Sa,I 10 me, what do understand to be my opn-
IONS: State them, that may see that there is no
misaPprehcnsion about thcm'
then said that understood Won TO he of opn;on tbo
might charter bank in the District Of Column
pa giving It's location here. To this you asscntcd-
nat they might authorize such bank establish Offices
OF discount and deposit in the several States with the
assent oi the States To this you replied, Don't name
they have been the of the most
Unable coruptons and wholly unnecessary to enable
DanN TO discharge its duties to the country and the
t government
Observed in reply that Twas proposing nothing, but
Dc our opinion as to the powers which Congress might
constitu'onaiiy confer bank that that point
% S% Pf% 1 to say that under
suh bank TO establish agencies in the several States
sent oil the States, to which you replied sYes if they
DC foreign bills or bills drawn and pay able
III Mio'her hat Is all the power necessary for
uniting the public funds and regulating exchanges and
the currency
Mr. Webster then expressed, in strong terms his o.
poa 5hat such charter would all just purPo
ses OF Government and be satisfactory the People
ano declared Ais preference for it any whc! had
pce proposed especially dispensed with the
OF the States TO the creation of institution necessary
or carrying on the fiscal operations of the Government
lie examined 1t at length both its consttu-
onaliiy, and its influence the currency ana exchan-
ges Al all which views you expressed your concurrence
desired that such bill should be introduced and espc.
c,aliy that should go into the hands of your
trends. TO my inquiry whether Mr. Sergeant would
es to YOU You TSped that he would You
nicae with Messrs Berrcn and Sergeant the subject
to whom you said you had promised address a note,
Out you doubted not that this personal communication
would be equally satisfactory. You desired u.s. Also in
communicating with those gentlemen, moi to commit You
personally lest this being recognized your measure
IL miSht DC made subject Of comparison to prcju
dice III the course OF discussion You and Mr. web.
stcr then convcrsed about the particular wording the
ION fundamental article containing the grant of power
10 deal IN .Xchinges, and OF the in which thai
grant should be introduced you also spoke of the name
of the institution, desiring that that should be changed
10 THIS objected as 1t would probably be sub
Jcct oil rdiculc but you cd that there was much in
name, and that this institution ought be called
Dhk Mr. Webstcr undertook adapt ii in this partic-
uiar 10 your wishes. MIR. Bell then observed 10 Mr.
webster and myself that had time to lose
n' IL TINS were not Immediately attended to, another
pi iesS acceptable might be got up and reported Mr.
webster accordingly called Mcssrs. Berricn and
Sergeant immediately, and waited them by his ap.
Pochi al O'Clock on the same day, and agreed upon
the principles of the bill accordance with your cx.
pressed wishes And am apprzcd of the fact though il
did not presence that after the BIZ. was drawn
up, and before reported if as seen and examined
~ yorse that your attention specially called the
10th fundamental article; that full examination you
concurrcd IN ITS provisions that at the
name was so modified TO your appreciation and
the Dill was reported and passed all essential parcu
'srs' as IT was wben IT came through your hands
"And, strange as it may SEEM the Veto Message at
tacks IN an especial manner the very provisions
were inserted at your request and the Of the
corporation which was not only agreed to by you, but
especially changed to meet your expressed wishes i.
made The subject oil your criticism"
u But Mr.. Ewing is not the only witness on this
: point. Mr.. Badger, one of the purest and ables
f men In this Union, who had been selected by
b Gen. Harrison 10 preside over the Navy Depart
t menl, and who was constrained by Of du