SENATE.] Harrisburg (Pa.) Memorial. [JUNE 3, 1834. conquest as the subjects of old and decayed monarchies. The power of the Holy Alliance in Europe had been constantly exerted to smother and crush the spirit of freemen. It was a name of evil omen, and should warn the people of the United States against alliances, either holy or unholy. this late period, comport with their acts in the early part vigorous spirit of republican freemen was not so easy of of the present session. It would be remembered that the honorable Senator from Missouri [Mr. BENTON] had, at an early period of the present session, introduced a resolution in the Senate, proposing an examination into the conduct of the bank; but where then was the zeal of honorable gentlemen for an investigation? They had had an ample opportunity for its manifestation on that occasion; but the Journals of the Senate would show that the resolution to which he alluded did not meet even the usual treatment required by parliamentary courtesy. A motion for indefinite postponement was made against it, by a Senator in opposition, he believed on the day after its introduction, which was carried chiefly by the votes of those in opposition to the administration. Honorable Senators in opposition had, with an air of triumph, asked why a scire facias had not been resorted to against the bank; and had defied the friends of the administration to resort to a judicial inquiry into its acts. The honorable gentleman had censured, in most unmeasured terms, the President of the United States, for having declined any further interviews with committees. He believed that no Chief Magistrate in this country had been more accessible to his fellow citizens, or had, in his personal intercourse, shown more courtesy and respect, than the present President of the United States. The resolution which he had formed, to receive communica tions from committees only in writing, no doubt grew out of the great injustice with which he had been treated in the reports of some of those committees. Mr. B. sincerely believed, that the conversations of the President Mr. B. said he thought it would be difficult to suggest had been greatly misrepresented in some of the instan any course which would receive the sanction of those who ces to which he had alluded. In more tranquil times defended the bank. To elude inquiry, and to defeat in- than the present, party prejudices were but too apt to in vestigation, seemed to be a primary object. The course fluence the opinions and actions of men, and at this periof the bank most clearly indicated that no mode of inves-od of unprecedented party excitement, that individual tigation was acceptable to that institution. It had been would stand but little chance of having justice done him, objected by it, that the Executive had no right, through whose opinions were promulgated to the world by politthe Government directors, to obtain information of its sit-ical opponents, colored by all their party prejudices, and uation. The cry of Executive tyranny had been raised liable to all the distortions which enmity and bitterness so on that occasion, and the Executive charged with having well understood the use of. invaded the sanctity of private accounts. The House of The memorial, said Mr. B., described the distress in the Representatives had passed resolutions authorizing a State of Pennsylvania as pervading every branch of incommittee of that body to investigate the condition and dustry, which was attributed to the removal of the pub affairs of that institution. This mode of inquiry, the lic moneys from the Bank of the United States. He did right to which is explicitly given in the charter, and which not doubt that some of those who composed the commithas, on two other occasions, been acquiesced in by the tee charged by the convention with bringing hither the bank, without the slightest objection, so far as he was in-memorial, were distressed. That portion of them who formed, had encountered obstacles from the president were stockholders, as he was informed some of them and directors, in the recent attempt to investigate its af- were, felt, no doubt, a great repugnance to the disconfairs, which went effectually to destroy the powers of tinuance of an institution which had yielded them large Congress to examine into its acts, and was tantamount to profits, and by the re-charter of which their stock would a declaration of entire independence on that branch of have risen greatly in value. Avarice submits, most rethe Government. Thus it was most apparent that no luctantly, to the discontinuance of its accustomed profits, mode by which the bank is to be brought to justice will and to the extinction of its hopes for the enhanced prove acceptable to its friends: and when it had been value of its stocks. Ambition, on the other hand, sursaid that a scire facias was the proper remedy, he was for- renders with keen pain, and only when compelled, the cibly reminded of the story of a criminal offender, who, great political lever which this powerful corporation furwhen suffering the penalty of the law from the hands of nishes. Mr. B. was not sufficiently informed of the pres the officer of justice, thought one blow too high and ent condition of the people of Pennsylvania to give an another too low. The report of the Government direct- opinion as to the extent of the distress which the memoors was thought to be an outrage by the friends of the rial represented as existing in that wealthy and respectabank. An examination into its affairs by the committee ble commonwealth, but he thought it by no means a newas suddenly discovered to be another great outrage; cessary consequence, that all its great interests were disand now, a scire facias is said to be the only true and tressed, because those who happened to be interested in proper remedy. If, sir, said Mr. B., this course had been the Bank of the United States might so imagine it, or so resorted to by the President, or by Congress, the same represent it. He, on the contrary, heartily subscribed to clamor about hostility against the bank, and an arbitrary the sentiment expressed by Mr. Rush, a distinguished cit invasion of its rights, would, no doubt, have been heard, izen of that State, at a public meeting held not long which has almost deafened the ear of the public for the since in Philadelphia, that it is a libel on the free people last six months. Mr. B. considered this as a mere sub- and republican institutions of this country, to say that terfuge, which was intended to shelter the bank from the they are indebted for their prosperity to the Bank of the indignation of an insulted people. United States; but that the causes of their happiness and Mr. B. said the honorable gentleman from Kentucky prosperity are to be found in our excellent system of [Mr. CLAY] had alleged, in justification of the political government, in the enterprise and industry of its citi alliance which was formed of such heterogeneous materi-zens, and in the abundant and varied resources of our als, against the administration, the example of the allied country. powers of Europe, who had united their arms, to effect Mr. B. said that the honorable gentleman from Massathe overthrow of Napoleon. It was true, said Mr. B., that the paper system of Great Britain had, no doubt, a powerful agency in conducting the allies to Paris; but he trusted that the unconquerable spirit of the freemen of this country would prevent the Bank of the United States from carrying the great political allies, now struggling for ascendency, in triumph to the American Capitol. The chusetts had most earnestly invoked the citizens of Pennsylvania to look to their interests, and to unite in produ cing a change in the measures of the administration. Mr. B. said, that the invocation of the honorable gentleman was not, he presumed, at all necessary to induce the people of that State to take proper care of their own interests. They had always shown their entire compe 1 Mr. WEBSTER said, he hoped that the gentlemen who had come here with this memorial from the convention would take notice what was the course of the argument used here on the other side; and that it would be known over all the mountains, up all the streams, and along all the valleys of Pennsylvania, that it is the opinion of the Senator from Georgia that, but for the bank and its corruptions and its management, this convention would never have met at Harrisburg. [SENATE tency to do so, the most signal proofs of which were to be power? Yes, they were contending that power should refound in looking at their present condition. main where the people had placed it at the late election: Mr. B. said, that the conduct of the bank had, for the they contended that those in whose hands power now last two or three years, been marked by a series of meas-was, had done nothing to forfeit the confidence of the ures and bold pretensions, so hostile to a republican people. What (Mr. F. continued) induced a man to come form of Government, that to submit to its demands, and here but ambition? He came to make himself known as to restore the public moneys to its keeping, would be to deserving confidence, and he sought to obtain higher conacknowledge its superiority, and become a lasting sub-fidence. There was no harm in this. It was the blessing ject of national reproach. It had boldly thrown itself of this country that no man could obtain a high office by into the party contests of the day, and thereby contribu- any thing but merit. He, and those with him, had no afted to pollute the purity of our free system of govern- fectation of concealment in this respect; what they did, they ment. It had, as he most sincerely believed, done much did for their own glory, and that of their country; that to inflict distress upon the country, to compel its citizens their names might be known, and that the blessings of to come into its measures. It had disregarded an ex- posterity might rest upon their memory. press provision in its charter, and closed its doors against The Senator from Kentucky said he had told them over the investigation ordered by the representatives of the and over again, that the question was not one of bank or people. After having thus boldly contemned the au- no bank, but of broken law: but he concluded his obthority of the representatives of the people, and, through servations by dilating upon the necessity and importance them, the people themselves, he should deem it as hu- of the bank. After bringing the usual charges—repromiliating to the nation to yield to their demands, and bating the conduct of the President-eulogizing the comreplace the public moneys in their custody, as he should mittee, and paying them many merited compliments, he consider it unworthy the national spirit to yield to an concluded with the old subject, viz. bank! bank! bank! invading enemy who demanded the submission of the Did it not occur to the honorable Senator from Kentucky, country. that he was deceiving himself when he so repeatedly said the question was not one of bank or no bank? Would the people be deceived on this point? The question invariably resolves itself into "the bank.” Appeals were made to the opinions of Washington, Adams, Monroe, and Madison, in support of the bank. The Senator from Kentucky did the President injustice when he said that memorialists had been denied access to the President. He (Mr. F.) denied that memorials had ever been sent to the President. Committees had been sent with memoMr. FORSYTH hoped so too. One word in reply to rials to Congress; they had come here and performed their the Senator from Kentucky, [Mr. CLAY.] He (Mr. F.) duty, and had afterwards, of their own free will, gone to had been said to be a thorough-going defender of the the President, had had conversations with him, and then Executive. He begged here, in open Senate, to deny returned to those who sent them, and said to the latter that such was the case. He was not a thorough-going de- individuals, "You have been treated with disrespect." fender of all Executive measures, and he appealed to the The President had never refused to receive memorialists. past knowledge of the Senate for the truth of this asser- The Senator from Kentucky had said that the King of tion. He had often had occasion, however, and doubtless Great Britain would never have dared to refuse a depushould have again, to defend the President against the tation from the citizens of London. Now, what had been Senator from Kentucky and others. He should continue the conduct of the King of Great Britain, upon a late octo do so, perfectly conscious that his motives, like those casion, to the citizens of London? A formal meeting is of others, were liable to be assailed by persons who could held; the result is put in writing, and is presented by the not do him justice. They all knew that their motives memorialists; the King receives them, and turns them were subject to be attacked by some as improper, and away, referring the whole matter to one of his deputies. over-rated in the contrary way by others. More than What is the conduct of the President of the United States? justice was done them by their friends, and less than jus. He received the individuals alluded to as his fellow-cititice by their enemies. He did not intend to impeach the zens, but told them he would not have what he said conprivate character, intelligence, or patriotism of the gen veyed to his countrymen in a distorted form; if, therefore, tlemen composing this committee; the defence offered, they wished an interview with him officially, he requesttherefore, by the Senator from Kentucky, [Mr. CLAY,] ed that their communications might be made in writing, was uncalled for and unnecessary. He (Mr. F.) had a in order that no erroneous statement might go abroad. great respect for some of these gentlemen, personally, He (Mr. F.) was not aware that he had ever spoken but none for their political opinions. Their political opin- against the Globe in the manner alluded to by the Senator ions were fair game, and against these opinions he had from Kentucky. He was free to confess that he did not directed his shaft. With regard to the proposal of the like that journal; but it was a sheet of fair paper comparSenator from Kentucky to form a committee of the Sen-ed with other journals. The Senator from Kentucky had ate to inquire into the conduct of the bank, he begged to said that the evidence was thirty to one against the Presi ask, if the Senator was prepared to go fairly into the dent, that he had not been misrepresented by the Baltilength and depth of the proceedings of that institution. more committee. He (Mr. F.) felt himself called upon They all knew that a committee of the Senate, to act con- to state, that several members of that committee had had sistently, must act in favor of the bank. In relation to conversations with members of Congress here, and afterwhat he (Mr. F.) said yesterday about a scire facias, and wards misrepresented them. which had been alluded to this morning by the Senator from Kentucky, he must say that he had expressly declared, that he would not take the responsibility attendant upon such a procedure; he had said, that he would vote Mr. FORSYTH continued. The honorable Senator for a scire facias, if gentlemen on the other side would be from Kentucky had talked about eastern magnificence, answerable for the distress and delay that might ensue. and had said that the President had refused to receive his The Senator from Kentucky had asked if he (Mr. F.) suffering fellow-citizens. Now, what was the fact? This and others were not contending for the possession of haughty eastern despot had asked his fellow-citizens to Mr. CHAMBERS said, only one charge of the kind had been made against the committee; and that was in the case of Mr. McKIM, of the other House. SENATE.] Adjournment of Congress.—Restoration of the Deposites.-U. S. Marine Corps. [JUNE 4, 1834. come and see him at his house; but had said, "If you wish of the resolution until Monday next. He did not wish to to communicate with me officially, send me what you like see the Senate tied up so as not to be able to continue the in writing, and I will give you a frank answer." What session a little longer, in case it should be necessary. would an eastern despot have done with individuals who Mr. BROWN asked for the yeas and nays, which were came to pay him respect in the way that these individuals ordered. did? Why, the bowstring or the sabre would very speedAfter a few remarks from Mr. GRUNDY, Mr. BIBB, ily have been in use, and the committee would never and Mr. PORTER, in favor of the motion, the question have gone back to make their report. What would a vio- was taken, and decided in the affirmative, as follows: lent man have done in this case? He would not have act- YEAS.-Messrs. Benton, Bibb, Chambers, Clay, Ew. ed as the President has acted; he would not have treat-ing, Grundy, Hendricks, Kane, Kent, Knight, Mangum, ed the members of the committee with the greatest pos- Moore, Naudain, Poindexter, Porter, Preston, Robbins, sible personal kindness and respect; he would have re- Silsbee, Southard, Sprague, Tomlinson, Tyler, Wagga pelled them; and if the matter had been between man man, Webster, White.-25. and man, he (the President) would have done this, or such was the temper of the man. NAYS.-Messrs. Bell, Black, Brown, Calhoun, Clayton, Forsyth, Frelinghuysen, Hill, King of Alabama, King of Georgia, Leigh, Linn, McKean, Morris, Prentiss, Robinson, Shepley, Smith, Swift, Tipton, Wilkins, Wright.-22. So the consideration of the resolution was postponed. RESTORATION OF THE DEPOSITES. Mr. CLAY did not recollect that he had ever found the gentleman [Mr. FORSYTH] acting with that (Mr. C.'s) side of the House; he did not recollect it, except that in one instance he was with them in the support of the Executive, at the last session. But whatever was urged on Mr. C.'s side of the House, in behalf of the law and constitution, was referred by the gentleman from Georgia to the The first joint resolution offered by Mr. CLAY, declar bank. How often had the honorable member expressed ing the reasons of the Secretary of the Treasury for the the opinion that the bank was indispensable? [Mr. Fon-removal of the deposites to be unsatisfactory and insuffi SYTH said, Not indispensable.] Necessary, then, said Mr. cient, was taken up on its passage. C. The difference between them was, that he thought The yeas and nays being ordered, the question was the bank necessary, but always acted against it, while taken, and decided in the affirmative, as follows: Mr. C.'s side thought it necessary, and voted in favor of it. YEAS. Messrs. Bell, Bibb, Black, Calhoun, Cham As to the representations of committees of the conver- bers, Clay, Clayton, Ewing, Frelinghuysen, Hendricks, sations with the President, one honorable member from Kent, King of Georgia, Knight, Leigh, Mangum, Nau Baltimore had sustained the President in his denial of dain, Poindexter, Porter, Prentiss, Preston, Robbins, their correctness. But he was only one out of a consider- Silsbee, Smith, Southard, Sprague, Swift, Tomlinson, able number; and as it was established by incontestable Tyler, Waggaman, Webster.-29. evidence that the President used the language ascribed to him, and as all this was opposed by but one individual, the truth must be considered as existing on that side. If rumor spoke the truth, there was a particular committee [name not heard; probably the New Jersey Jackson committee] whom the President not only received and entertained, but treated them to the best the white house could afford. When memorials were presented in favor of the President, there was no difficulty. The memorial was referred to the Committee on Finance. On motion of Mr. BENTON, his resolution proposing an amendment of the constitution on the subject of the election of President and Vice President, was taken up, and referred to the select committee appointed on the resolutions of Mr. BIBB. ADJOURNMENT OF CONGRESS. The joint resolution from the House, on the subject of the day of adjournment, fixing on the 30th of June, was taken up. NAYS.-Messrs. Benton, Brown, Forsyth, Grundy, Hill, Kane, King of Alabama, Linn, McKean, Morris, Robinson, Shepley, Tipton, White, Wilkins, Wright.-16. So the first resolution was passed. The second resolution was then taken up, directing the restoration of the deposites to the United States Bank after the first day of July next. Mr. FORSYTH moved to postpone the consideration of this resolution until to-morrow. Mr. CLAY having assented, The question on this resolution was postponed until tomorrow. UNITED STATES MARINE CORPS. The bill for the better organization of the Marine Corps, coming up on its passage, was passed by the fol lowing vote: YEAS.-Messrs. Bell, Bibb, Black, Chambers, Clay, Clayton, Ewing, Frelinghuysen, Hendricks, Kane, Kent, Linn, Mangum, Poindexter, Prentiss, Preston, Robbins, Silsbee, Smith, Southard, Sprague, Swift, Webster, Wil Mr. PRESTON moved to lay the resolution on the takins, Wright.-25. ble for a week or two, until it could be ascertained whether certain important business, now unacted on, shall be completed. Mr. BROWN asked for the yeas and nays; which were ordered. The question was then taken, and decided in the negative, as follows: YEAS.-Messrs. Benton, Bibb, Chambers, Clay, Clayton, Ewing, Grundy, Hendricks, Kent, Naudain, Porter, Robbins, Silsbee, Tyler, Waggaman, Webster, White. -17. NAYS.-Messrs. Bell, Black, Brown, Calhoun, Forsyth, Frelinghuysen, Hill, Kane, King of Alabama, King of Georgia, Knight, Leigh, Linn, McKean, Mangum, Moore, Morris, Poindexter, Prentiss, Preston, Robinson, Shepley, Smith, Southard, Sprague, Swift, Tipton, Tomlinson, Wilkins, Wright.-30. NAYS.-Messrs. Brown, Forsyth, Grundy, Hill, King of Georgia, McKean, Morris, Moore, Robinson, Shepley, Tipton, White.-12. After going through with several other bills, WEDNESDAY, JUNE 4. RESTORATION OF THE DEPOSITES. The resolution of Mr. CLAY, requiring the public de posites to be made in the Bank of the United States and its branches after the 1st July next, was taken up. Mr. FORSYTH moved, that when the question upon the adoption of this resolution should be taken, that it should be by yeas and nays; which were ordered. Mr. FORSYTH, who was entitled to the floor, rose and said, that he had intended to have addressed the Senate Mr. CLAY then moved to postpone the consideration upon this subject, but that he had thrown out yesterday JUNE 4, 1834.] Restoration of the Deposites. [SENATE. many of the points he had in contemplation to make, and might be their opinion of the restoration as a measure of as his colleague [Mr. KING] had expressed a wish to make some remarks upon the subject, he would yield the floor to him. Mr. KING then rose and said, that he did not wish to interfere with what he had no doubt was the general wish of Senators, to take the question on the remaining resolution without protracted debate. But, as it was possible it might be supposed by some, that the vote which he felt it his duty to give on this resolution, would be inconsistent with the vote which he had given on a previous occasion, he wished to make a few remarks for the purpose of reconciling the vote which he should now give, with the one he had given on the occasion referred to. expediency; for with this view a restoration was due to a Show Power, he said, in different governments, differed more in degree, than in its nature, for the time being. In despotisms, he said, the power was unlimited. In this case, there could be no usurpation; there could only be an abuse of power, and there was no responsibility for that. He said that the difference of opinion between himself My opinion, said Mr. K., on the first resolution, a vote and others, on the constitutional point, arose, he thought, upon which was taken on yesterday, is well known, and from a natural propensity in man to deny the existence of has been now twice expressed in the Senate. He believ-power, where, in their view, it had been improperly exed, he said, (and so had voted,) that the removal of the ercised; charging usurpation where there has been, at public money from the Bank of the United States, by the most, only abuse. Between these, said Mr. K., we should Secretary of the Treasury, at the time the act was done, carefully distinguish, or we strike at the root of all gov was impolitic and inexpedient, and calculated to produce, ernment. For it should, he said, be assumed as the basis or rather to induce, a great deal of mischief, and not cal- of all reasoning on the subject of government, that power culated to secure any one desirable end. He said the mo- must be lodged somewhere. And whenever power was tives of the President, and Secretary, had not been very given, an abuse of it was an inseparable incident. generally questioned, and it was therefore unnecessary me a Government, said Mr. K., that has no power to do that either he or others should undertake to defend them. evil, and I will show you one that has no power to do The motives of the President were plain. The President good. thought the bank a powerful and corrupt institution, in consistent with the character of our institutions, and, as he states, even dangerous to liberty itself. However this might be, the object of the President was to destroy it. This was the end proposed. The means by which he proposed to accomplish this, to him, desirable object, were In constitutional monarchies, he said, the only limitathe exercise of his veto power, and the removal of the tion of power is by restriction upon the prerogative of the deposites. The President had discovered that the Bank prince, who is supposed to be the original source of all of the United States, in the year 1832, had extended its power, but who, on a demand of the people, has consentloans and accommodations to an amount altogether unpre-ed to divide the power with them. To take England as cedented in the history of the institution; and he thought, the example, (which was said to be the freest constitufrom some indications, that it was intended by the direc- tional monarchy on earth,) this would be found the only tion to make such sudden and extensive contractions of restriction; for even there, when Government acted as a the loans and accommodations of the bank, as to produce unit, there was no limitation on its power. Parliament a degree of distress in the community, that would extort united, was omnipotent, and might take away the right of from the people of the United States a re-charter of the the citizen without redress; and even for a usurpation of institution. power, on the part of the prince, he was not constitutionally responsible, as he could do no wrong-though in some cases the act might be avoided by a resort to the judiciary. Not to multiply examples and distinctions, said Mr. K., let us come at once to our own Government. Here our great security against power consists: This, said Mr. K., would have been defeating his object; and this was what he intended to prevent. The President thought, by removing the deposites, to cripple the powers of the institution in the first place; and in the second place, he expected to afford such aid to the State banks as would enable them to relieve the mercantile community from at least a portion of that distress which he apprehended it was the design of the bank to inflict upon it. Without dwelling, however, said Mr. K., longer upon the motives of the President, I will only add, that I think the end did not justify the means. In fact, he thought the means employed most eminently calculated to defeat the end which was proposed to be effected by them. He therefore had thought, and twice voted, that however pure the motive, the reasons of the Secretary for the removal of the deposites were unsatisfactory and insufficient. 1st. In a limitation upon the powers of Government itself. The people have not consented to part with the whole of their power, but have limited the delegation by a written constitution; and the acts of the Government, if unauthorized, may be annulled by law, at the instance of the humblest individual in the community. And the second, and most important security, consists in the responsibility of the agent, and the limited term of his office. If he be guilty of a criminal usurpation, or abuse of power, he may be criminally punished, either by indictment or by impeachment, according to the forms prescribed by the constitution. If he abuse or misuse power, but not But, said Mr. K., does it follow, as a necessary conse- sufficiently to be reached in either of these modes, the quence, that all those who believe the reasons for the evil is only temporary, as it can be peaceably cured by removal at the time the act was done unsatisfactory and election. With these restrictions, he said, no great daninsufficient, should feel themselves called on by claims of ger was to be apprehended from the exercise of power; consistency now to vote for their restoration? He thought and we should be careful to recollect, that whilst we are not. It was perfectly true, he said, that all those who hastily forcing constructions to ruin an administration, we took the same view of the subject with the honorable Sen- may break up a constitution. ator from Kentucky, and believed that the constitution After these general views, said Mr. K., let us see why had been broken, that the laws had been violated, and the President should have power over subordinate Execthat the chartered rights of the bank had been ravished utive officers. This power, he said, resulted from the from it, were perfectly consistent-in fact, imperatively very nature and object of appointing a chief Executive called on to vote a restoration of the deposites, whatever officer. The sole object in establishing such a grade, was SENATE.] Restoration of the Deposites. [JUNE 4, 1834. to have one head, in whom superior confidence was pla- last nail in the coffin." If this be true, said Mr. K., (and ced, to preside over the whole, and see the department he would not dispute testimony so respectable,) nothing properly administered, and the laws faithfully executed. remains to be done but to have it decently buried; and The theory is, and it is generally well sustained by prac- then follows the succession. And he said he knew of no tice, that the higher the office and honor, the greater the citizen in the United States who would fill the vacant confidence which may be placed in the incumbent. Is not seat with more credit to himself, or honor to the country, the President of the United States, inquired Mr. K., who than his honorable friend from Kentucky. Suppose, then, is elected by a majority of the people of the Union, with he should be elevated to the Presidential chair, and the his high honors and emoluments, and with the high re- first misfortune of the new administration should be to get sponsibility of his station, entitled to more confidence than a man of Mr. Taney's principles as Secretary of the Treas the subordinate officers, frequently obscure individuals, Jury, who should insist, as his first act, to remove the deonly selected for their expertness in a particular branch posites from the Bank of the United States. For although of business? They, if they were independent, might easily by the last will and testament of "Jacksonism," it would yield to temptation; but he could have no sufficient in- be willed, doubtless, that there should be no bank, yet, ducement to forfeit the high confidence reposed in him. under such a successor, he took it for granted, the will Mr. K. said he would take the occasion to say, that he would be broken, the bank resuscitated, and the deposites would like to see the constitution altered, so as to require restored. In such a case, he thought he might safely as confirmation by the Senate of removals from the higher sume that the honorable Senator, notwithstanding even offices. But he had no doubt the construction of the con- his speeches on this subject, would promptly remove the stitution, as it is, was properly settled. Secretary to prevent a measure which he would judge to To show the propriety, said Mr. K., of giving the Pres-be fraught with so much mischief; or, if he should feel ident the power of removal as an incident to his superin- too strongly committed by expressed opinions, he would tending duties in the recess of Congress, let us illustrate at once see so strongly the necessity of the power, as to by a few supposed cases. Let us suppose, said Mr. K., ask for a change in the constitution. In fine, said Mr. K., that the Bank of the United States had actually been, as the power does exist, and ought not to be modified furthe President once thought it, not only a corrupt, but a ther than I have hinted. And if it exists, the worst ene bankrupt institution. Suppose the President had been mies of the measure, as one of expediency, should insist satisfied that the institution was making arrangements to on nothing further than an abuse or misuse of power. enrich the stockholders by swindling the community, a But, said Mr. K., who are these gentlemen who all at process by no means rare in the history of banking insti- once have become so tender on the subject of power, and tutions in this country. In short, suppose the ten millions what the character of the parties to which they belong? of public deposites had actually been in danger of being Respectable, he would admit; patriotic, he would admit; lost for want of immediate attention, and Mr. Duane, be- friends to their country, he would admit; perfectly hon ing interested for friends, or even bribed by the bank, est, he would admit; but still, it would be seen that had refused to remove the deposites, and the President whether the fragments of this modern mosaic combina refusing to remove him, the public money had been lost. tion, now arrayed against the administration, and denying What, then, would have been the language of the Presi- the President even the necessary power to administer the dent's enemies? In vain would he have pleaded constitu- Government, were collected from the North or the South, tional scruples; he would have been told that the power the East or the West, their whole history, with few excepwas plainly incident to his superintending control over the tions, disclosed to us that they had always been the advo Executive department, and he and his friends would have cates of strong government and political power. His been completely silenced by reference to a settlement of friends, he said, from the South, (turning to the Carolina the question so early as the year 1789, and the uniform Senators,) seemed to look at him as though they thought practice of the Executive ever since. And in vain would he ought to make an exception in their favor. He said Mr. Duane, in the case supposed, have attempted to jus- he had the warmest sympathies with his Southern neightify himself by insisting that he could not remove "until bors, acted with them here on many questions, and hoped a scire facias" had first issued to bring the bank to trial. to continue to do so, but, he said, he could not make the He would have been referred to the 16th section of the exception they would doubtless require. On the con charter, which gives him unlimited discretionary power trary, he said, he was reluctantly compelled to place the to remove the public money from the bank, whenever he party to which they belonged in the front ranks among thinks proper to do so. In such case, then, the President, the advocates of political power and strong government. for not removing the Secretary, and the Secretary for not The whole history of the party proved it. The promi removing the deposites, would have been (very properly) nent men of that party were formerly known as the leaduniversally denounced, and would have had no plausible ing advocates of increasing and encroaching power in the defence. Again, said Mr. K., suppose Mr. Duane had Federal Government, and were habitually reaching and determined on removing the deposites, and the President, grasping for increased power and energy in the Federal knowing that the deposites were safe-that the bank was head. doing its duty to the Government-and that the removal they now professed? They had, he said, but it was only And had they changed by embracing the doctrines would produce all that distress which it is insisted has ac- letting go one hold to get a stronger one. tually followed-and to prevent the removal of the depos- grand, independent, consolidated Government, with sov ites, the President had removed the Secretary, would any ereign powers, they proposed to multiply political power friend to the bank have ever thought of complaining of and patronage in the land, by having twenty-four, precise this act as a violation of the constitution, and an unlawfully of the same character. control over the public money? He presumed not. It was the rights of the Federal Government on the one hand, and the rights of the States Again, said Mr. K., after supposing cases somewhat as on the other; neither, in their various extremes, paying they have been, with such changes of position as were ne- especial regard to the rights of the citizen. While his cessary for illustration, let us look forward to things as friends, the national republicans of the North, would say, they may be. It has been stated by the honorable Sena- give us one grand, united, consolidated Government, with tor from Kentucky, that "Jacksonism was tumbling in by power to swallow up all the rights and privileges of the the acre, like the banks of the Mississippi," and would States. Stop, stop, say my friends from Carolina, you soon be entirely ingulfed. In fact, it had been since (he don't understand the true philosophy of government; you believed) pronounced dead by the honorable member, are especially ignorant of the beauties of our system. Give and he had taken "the responsibility" "of driving the us twenty-four independent sovereignties, each with the Instead of one |