The senate then adjourned.

December 11. Mr. Bibb, pursuant to notice, presented a joint resolution, proposing certain amendments of the constitution of the United States, on the subject of the election of a president and vice president; which was read a first time, laid on the table, and ordered to be printed.

Mr. Bibb gave notice that he should ask the senate to take up this resolution, and the one offered by Mr. Benton, on this sub ject, ou the second Monday in January.

After other business which will sufficiently appear in its progressOn motion of Mr. Clay, the senate proceeded to consider the resolution offered by Mr. Benton. Which being amended on the motion of Mr. Clay, was agreed to. [The amendments go to bring out important facts with regard to the condition of the new deposite banks, as may be seen in the proceedings of the 10th.] The resolution offered yesterday, by Mr. Clay, concerning the paper said to have been presented by the president, and read to the cabinet, next came up

Mr. Forsyth said, that this was an unusual call, and he was desirous to know for what purpose it had been made, and for what uses the paper which had been called for was intended. He presumed that no one had any doubt as to its genuineness. He had none.

Mr. Benton followed, and, among other things said—the president had already communicated his reasons to all America. He might refuse to send a copy to the senate, in answer to their call; and such a refusal would, in his opinion, be proper, in reference to the effect it might have in cases to arise hereafter. He asked if it was proper to call on the president to say if a document which appeared in a newspaper as his, was genuine or not? Was it proper that the senate should call on the president to communicate to them a paper which he had read to the members of his cabinet? Supposing that, instead of a paper, the president had made a speech to his cabinet. What difference could be made between a written paper and a speech? He wished to know whether the senate could have called on him to communicate a copy of his speech? If the senate could do this, could they not go still farther, and if they could call for this speech delivered to his cabinet, could they not also call for any thing which he had said to his cabinet, while sitting in his chair, and talking to them? And if they could do this, could they not go still further, and call upon him for any thing he might have said in conversation to any single member, and which had, by some means, got into a newspaper? Where, in fact, could a line be drawn?

Mr. Poindexter said, that he considered the paper referred to in this resolution, as one intimately connected with the removal of the public deposites from the bank of the United States. If it was merely a correspondence between the president and beads of departments, or one of them, he (Mr. P.) would be one of the last to disturb the president of the United States, by calling for it. But, he said, he regarded it as a public document, and a document too of great importance. He regarded it as being in the nature of instructions from the president of the United States to the head of one of the departments, with respect to the manner of execution of a duty confided to that deparment by law. Mr. P. then referred to the doctrine of Messrs. Forsyth and Benton, and proceeded to say-The question which now presents itself to congress is, whether the broad line which the constitution has drawn between the president of the United States and the control of the national chest shall be effaced, and whether, by virtue of the power of appointment, the president of the 11. shall also assume the unlimited control of the public purse? Upon his construction of his authority, as expounded in practice, and by the document referred to, what was to prevent the president of the United States from drawing ten millions of dollars from the treasury for any purpose he pleased? Nothing at all. He had only to say to the secretary of the treasury: I want ten millions of dollars-draw a warrant for it. The secretary would perhaps reply, there has been no appropriation made by law for any such expenditure of the public money, and I cannot, therefore, draw the warrant. But, sir, the president might say, I will furnish you a paper containing the reasons why I require this ten millions of dollars; I take the responsibility upon myself: I do not mean to control you in the performance of what you believe to be your duty as secretary of the treasury, but I respectfully require that you will sign this warrant for ten millions of dollars. The secretary perhaps would rejoin, and say, I have maturely considered your reasons, sir, but cannot, according to law, and consistently with my sense of duty, sign this warrant. What then, sir? said Mr. P. Why, sir, with the promptitude of a Napoleon, or of the grand Turk, or of the emyou secretary of the treasury; and, if Mr. Taney would not comply, he might appoint another and another until he found one fit to his purpose. By such an abuse of the power of appointment of the cabinet ministers, the president might assume the absolute control of the national chest, and at any time dip his hands into it, and take out whatever he would. Now, sir, I want this paper because it is in the nature of instructions by the president to the secretary of the treasury on this very question concerning the public money. So viewing it, I shall give the resolution my support.

Mr. Clay replied, that the reasons for the call must be obvious, and would readily present themselves to every senator; and believing thus, be had not thought it necessary to suggest them. It had been said, that the president had issued a particular paper, which he had read to the members of his cabinet, which had been promulgated to the public as his, and which was in the possession of the country as his. But the senate had bad no official declaration of the president, nor any official communication to them of this paper, nor any thing in any form, from him, which affirmed that this paper was his. If the president had merely read a paper to the members of his cabinet, without promulgating that paper to the world, it would have presented a totally different question. Gentlemen would have reasona bly doubted if they possessed a right to call for the production of a paper which was confidential between the president and the members of his cabinet. But this paper had been promul-States shall not only take command of the army and navy, but gated to the world; and therefore the senate, if it was the production of the president, had a right to call for an official copy, that they might thus be assured, from the highest source, that it was genuine. He had himself no doubt that the paper was genuine, but the fact only rested, at present, on the assertion of a newspaper, and it was not every assertion of every news paper which was fully entitled to credit. The only testimony now, was the assertion of the editor of a newspaper, and it was only respectful to the president to ask him for a copy, and if a copy was communicated, there could be no right to presume that it was not genuine.

[Mr. C. also said that it was a proceeding unprecedented in the annals of this country-and, instead of going to the heads of departments for their opinions, the president had, by this paper, communicated the reasons which ought to influence their judgment. He would not go into the subject to show that it lay at the bottom of this inquiry, by what authority, or for what reasons, the public deposites were removed from the bank where congress designed that they should be put, and placed in banks where congress designed that they should not be put. That was a part of the subject which would hereafter come upperor of Russia, the president might say, Mr. Taney, I appoint for discussion. He wished to establish the genuineness of this paper.]

Mr. Forsyth said, that, in his view, the propriety or impropriety of the proposed call depended on the use which the seinforming the public it was not wanted by the senate, for it was already public. We do not call for the paper (said he) in order to have it before us; for it is already before the world. Why do we want to have it officially before us? What official use can we make of it? I see none, sir. The only official use that can be made of it is one that the senate cannot make; that is, as evidence of the criminality of the president of the United States, to be preferred by the other branch of the legislature at the bar of this body. Is such use as this of the paper anticipated? And is this not the only course that can be pursued towards the president in case of the allegation of his having violated either the laws or constitution in connexion with that paper? If, under such circumstances, we were to call for this paper, it would only shew that we were desirous to prompt the other branch of the legislature to act in the case.

Mr. Forsyth said, if he understood the honorable senator from Kentucky correctly, he admitted that with the intercourse between the president and his secretaries, whether oral or written, the senate had nothing to do. This view of the subject Mr. F. did not conceive to be affected by the publicity which, whether with or without the consent of the president, had been giver to the paper referred to in the resolution. This paper was one said to have been addressed by the president of the United States to his confidential advisers. Mr. F. said he could not see why the honorable gentleman from Kentucky should entertain any particular desire to get at this paper. What off-nate were expected to make of this paper. For the purpose of cial use could he make of it, when he had got it? Why depart from usage by calling for such a paper as this, unless it was intended to make some official use of it? Mr. F. said he could imagine that one branch of the legislature might, under certain circumstances, have a right to call for it, and, if it were refused when called for, to obtain it by the use of any means within its power. But this was not that branch of the legislature. If the paper in question was to be made the ground of a criminal charge against the president of the United States, it must come from another body, and must be a part of the evidence on which the president of the United States is to be brought to the bar of this body, under a charge of high crime or misdemeanor. The honorable senator had suggested that the paper referred to, might be of vast use in ascertaining by whom the deposites had been removed. As to that Mr. F. said, there was no question that the deposites have been removed; whether properly or not, would, he presumed, become a subject of inquiry. He presumed, also, that, as to that act, the senate had already sufficient information to enable the gentleman from Kentucky to form his judgment upon it. Mr. F. concluded by saying he could perceive no use that the senate had for this paper; the call for it was of a nature entirely unusual, and he should therefore reeist it, and require the yeas and nays upon the question of agreeIng to it.

After Mr Forsyth had concluded,

Mr. Webster rose and said that perhaps after the various admissions which had now been made of the genuineness of the paper, the senator from Kentucky might be induced to consider his purpose as well answered on that point, as if he retained the original phraseology of his resolution. And in a modified, form he, (Mr. W.) did not feel any objection to its adoption. He looked at the subject in a light somewhat different from that in which it was viewed by the gentleman from Georgia. If this

was a letter to the heads of departments, it could hardly be an official document, and the senate would have a right to call for it. His doubt was, whether it was an official act, which, as such, might come before the senate without an express call. If it was a document which might come before the senate in an official form, then the present motion might have been considered premature. But it could not be doubted by any one, that, before the close of the session, and it was impossible to tell how soon there would be that before the senate, which would render it necessary to show how the removal of the deposites had been effected.

The following is a copy of the resolutions concerning the contested election between Mr. Letcher and Mr. Moore, as they finally passed the house of representatives on the 5th inst. 1. Resolved, That the committee of elections, when appointfrom the 5th congressional district of the state of Kentucky; and, until the committee shall report as herein required, 2. Resolved, That neither Thomas P. Moore, or Robert P. Letcher, shall be qualified as the member from said district. 3. Resolved, further, That the committee of elections shall be required to receive as evidence all the affidavits and expo Nau-sitions which may have been heretofore, or which may hereaf ter be taken by either of the parties, on due notice having been given to the adverse party or his agent; and report the same to this house.

After some other remarks, Mr. Clay said that he would noted, inquire and report to this house who is the member elected object to the proposed modification.

Monday, Dec. 9. Mr. Wise, of Virginia, and Mr. Plummer, of Mississippi, appeared, were sworn, and took their seats. [The standing committees were now announced-but the list

After some further business hereafter to be noted, the senate is long, and will not suffer by deing delayed until next week.] adjourned.

December 12.* The following message was received from the president of the United States:

To the senate of the United States.

ject of the removal of the deposites, which is now on the
clerk's table, be referred to a committee of the whole house on
the state of the union.

Mr. Polk inquired of Mr. McD. with what view he wished
that document referred as proposed? Whether it was that it
should be considered at the same time when so much of the
message as referred to the same subject should be taken up?
Mr. McDuffie made a reply which did not distinctly reach the
ear of the reporter, and which was understood to be affirma-

t ve.

Thomas D. Singleton, one of the members elect from South
Carolina, having died at Raleigh, when on his journey to Wash-
ington, Mr. Pinckney, of S. C. after a warm eulogium on his
deceased friend, offered the usual resolutions in such cases,
which were passed unanimously, and the house then, according
to custom, immediately thereafter adjourned.

Wednesday, Dec. 11, Several petitions were presented by
Mr. Ashley, and other matters attended to-

Mr. Clay, of Alabama, then (in committee of the whole, Mr. Adams in the chair) offered a series of resolutions referring the parts of the president's message to the different committees as usual-which it does not seem necessary that we should insert. Considerable debate was had upon the reference of the resoJution which relates to that part of the message concerning an alteration of the constitution with respect to the election of president and vice president, to a select committee, as proposed by Mr. C. Mr. Wilde requested that it might be withdrawnbut Mr. Clay declined; and after several gentlemen had express ed their opinions, it was agreed that this resolution should be separately considered.

The 2d resolution having been again read

Mr. McDuffie suggested to Mr. Clay, the expediency of striking out of the resolution the words "bank of the United States," as, if they were retained, the discussion on the subject of the deposites must unavoidably be drawn on.

Mr. Clay declining,

Yeas-Messrs. Willing, Eyre, Bevan, White, Sergeant, Fisher, Lippincott, Chauncey, Newkirk, Lewis, Holmes, Biddle-12. Nays-Messrs. Gilpin, Sullivan, Wager-3.

be printed for the use of the stockholders of the bank. Extract
from the minutes,
On motion it was resolved, that 5,000 copies of the said report
S. JAUDON, cashier.

REPORT.

read to a cabinet on the 18th, and also another paper signed
The committee to whom was referred, on the 24th of Septem-
"H. D. Gilpin, John T. Sullivan, Peter Wager and Hugh McEl-
ber, a paper signed "Andrew Jackson," purporting to have been
derry," bearing date August 19th, 1833-with instructions to
consider the same, and report to the board "whether any, and
what steps may be deemed necessary on the part of the board
beg leave to state-
in consequence of the publication of said letter and report,"

now proceed to report the result of their reflections in regard to
That they have carefully examined these papers, and will
them.

proper to recall to the attention of the board, the actual relation In order, however, to render them more intelligible, it will be anxiously and exclusively to the purposes of its creation, the which the bank has for some years past borne to the executive. restoration of the currency, the maintenance of the general creSince the establishment of the institution it has devoted itself dit, and the accommodation of the internal and foreign trade of the country. That it has not failed in these objects-that it bas indeed realized more than the anticipations of the most santhe accession to power of the present executive, the purpose guine, is attested by all parts of the community. It was in the midst of this career of inoffensive usefulness, when soon after try were required-and that it was neccssary for the bank in was distinctly revealed that other duties than those to the coununderstood that soon after that event a meeting was held in administering its affairs, to consult the political views of those Washington of the principal chiefs, to consider the means of who had now obtained the ascendancy in the executive. It is perpetuating their new authority, and the possession of the bank was among the most prominent objects of the parties assembled, The first open manifestation of this purpose was in June, 1829, when a concerted effort was made by the executive officers to Mr. McD. said, it was obvious that the house must enter at member of the present cabinet at Washington, who did not he interfere in the election of the board of directors at Portsmouth. once on the subject, and he therefore moved that the commit-sitate to avow in a letter to the secretary of the treasury, which, At the head of this attempt was Mr. Levi Woodbury, now a tee now rise. In the house, Mr. Polk made an effort to obtain the reconsi-wished the interference of the government to remove the presithough marked "confidential" was subsequently ordered to be deration of the vote of yesterday, referring the report of the se- dent of the branch at Portsmouth, of whom he sayspublished by the committee of investigation in 1832-that he cretary of the treasury on the deposites to the committee of the whole on the state of the union; but before any question was taken, on motion of Mr. Chilton, the house adjourned.

Mr. McD. further explained. He wished to avoid, at this time, discussing the preliminary question-it was notorious that the president had nothing to do with the deposites; but he did not desire to touch that subject now: which he must do, should the gentleman adhere to his resolution; for it was only on the subject of the transfer of the deposites that the message brought the bank question before the house. Mr. Clay still refusing,

It rose accordingly.

Thursday, Dec. 12. [The whole of this day was occupied with an earnest and able debate on the motion of Mr. Polk, (as stated in yesterday's proceedings), to reconsider the vote by which the report of the secretary of the treasury concerning the deposites had been referred to a committee of the whole house, with a view of referring it to the committee of ways and means. The debate was commenced by Mr. Chilton, who spoke with some severity of a remark made by Mr. Polk, that he [Mr. P.] was not prepared to go into the discussion, until the subject had been taken up by one of the standing committees, &c. Mr. Polk, explained. Mr. McKim demanded the yeas and nays. Mr. McDuffie, at considerable length, and with much earnestness, opposed the motion. He was followed by Mr. Cambreleng, who supported it; and, in the course of his remarks, said he heard "with alarm a suggestion that the house might order the deposites to be restored, a measure that would convulse the whole community!" Mr. Binney, [the new member from Philadelphia] succeeded, and from the sketch of his specoh that is given, must have offered one of the most sound and clear arguments ever heard in the capitol. He maintained the rights of the house over the public moneys, and opposed Mr. Polk's motion at length, for reasons assigned. The debate was continued in an animated strain between Messrs. McKinley, Clayton, Polk and Wayne. Finally, the house adjourned without coming to a decision, the previous question called for by Mr. Wayne not being sustained-for it 104, against it 107.]

BANK OF THE UNITED STATES.

REPORT OF A COMMITTEE OF DIRECTORS OF THE BANK OF THE
UNITED STATES.

Bank United States, Tuesday, Dec. 3d, 1833.
At an adjourned meeting of the board of directors, held this
evening, Present, N. Biddle, president.
Messrs. Willing,

Eyre,
Bevan,
White,
Sergeant,

Fisher,

Lippincott,

Chauncey,

Newkirk,
Macalester,

Lewis,
Holmes,
Gilpin,
Sullivan,
Wager.

Mr. Chauncey, from the special committee appointed on the 24th September, presented the following report, which was read. Whereupon, Mr. Chauncey moved the following resolution: Resolved, That the said report with the accompanying resolution be adopted.

Upon this motion the yeas and nays were called for, when it was carried by a vote of 12 to 3, as follows:

"The new president, Jeremiah Mason, is a particular friend "to communicate with some of the directors of the mother bank of Mr. Webster, and his political character is doubtless well in favor of such a change." known to you" and he requests the secretary of the treasury

the secretary of the treasury, who stated that "from some expressions in his letter, it may be inferred that it is partly foundThis letter of Mr. Woodbury was transmitted to the bank by a view to political effect"-in consequence of which he deemed it his duty to present it to the bank, "with the views of the aded on a supposed application of the influence of the bank, with ministration in relation to it." At the same time, Mr. Isanc Hill, acting as the comptroller of the treasury until rejected by the senate, and now a senator of the United States, sent a memorial from the members of his political party in the legislature of New Hampshire, requesting the removal of Mr. Mason. In another communication presented to the bank, he gave it as his opinion, that no measure short of Mr. Mason's removal would tend "to reconcile the people of New Hampshire to the bank," and that "the friends of general Jackson, in New Hampshire, have had but too much reason to complain of the management of the branch at Portsmouth." Finally, the secretary at war ordered the transfer of the pension fund from the branch bank at Portsmouth to another bank in Concord, an act so obviously in violation of the laws, that it was first resisted by the bank, and then retracted by the secretary.

bined effort to render the institution subservient to political purIt became then manifest to the bank, that there was a composes; and that it was necessary to come to some immediate and distinct understanding of its rights and duties. This was done in the correspondence of the president of the bank with the secretary of the treasury, of which the following passages will indicate the general purport:

and fearful that the silence of the bank might be hereafter mis"Presuming that we have rightly apprehended your views, construed into an acquiescence in them, I deem it my duty to state to you in a manner perfectly respectful to your official and personal character, yet so clear as to leave no possibility of misconception, that the board of directors of the bank of the sponsibility of any description whatsoever to the secretary of United States, and the boards of directors of the branches of the the treasury touching the political conduct of their officers, that bank of the United States, acknowledge not the slightest rebeing a subject on which they never consult, and never desire to know the views of any administration."

for the management of the affairs of the said corporation, there Again: "Accordingly the act of congress simply declares, that shall be twenty-five directors.' When these are chosen, the

sive care.

whole administration of the bank is committed to their exclu- obtain the skill and vigilance of private interest in managing Their responsibility for the management of it is to the institution, the citizens generally were invited to unite their congress, and to congress alone: but no executive officer of the private fortunes with the public capital. They did so, and the government, from the president of the United States down-charter of the bank is in fact an act of partnership between the wards, has the slightest authority to interfere in it; and there government and the stockholders, specifying the rights and ducan be no more warrant for suggesting the views of the admins-ties of each party. in the charter of the first bank of the tration to the bank of the United States than to the supreme United States, there was on the part of the bank no payment of court of the United States." a bonus-no obligation to transfer the public funds-no performance of the duties of the loan office-whale on the part of the government there was no stipulation to give the use of the deposites. This defect was supplied in the charter of the present bank by positive agreement. Thus the bank, in addition to its arduous duty of restoring and sustaining the general currency, agreed by the 15th section, "to give the necessary facilities for transferring the public funds from place to place within the United States or the territories thereof, and for distributing the same in payment of the public creditors, without charging com change; and shall also do and perform the several and respective duties of the commissioners of loans for the several states, or of any one or more of them, whenever required by law." And again, the 20th section declares-"That in consideration of the exclusive privileges and benefits conferred by this act upon the said bank, the president, directors and company thereof, shall pay to the United States out of the corporate funds thereof, the sum of one million and five hundred thousand dollars"

Finally: For the bank, which has specific duties to perform, and which belongs to the country and not to any party, there is but one course of honor or of safety. Whenever its duties come in conflict with the spirit of party, it should not compromise with it, nor capitulate to it, but resist it-resist it openly and fearlessly. In this its interest concurs with its duty, for it will be found at last, such is the good sense of the country, that the best mode of satisfying all parties is to disregard them all." These extracts reveal the whole secret of the hostility to the bank of those, who, finding it impossible to bend it to their pur-mission or claiming allowance on account of difference of exposes, have resolved to break it. For this purpose, all the poi soned weapons of political warfare, have, for the last four years, been unsparingly and unceasingly employed against the institution. Thus far their efforts have failed-they have been defeated before congress, and discountenanced by the community. But now being relieved from the presence of congress, and the legal guardian of the public revenue being removed, they have ventured on this last act of violence.

To justify this measure is the purpose of the paper signed "Andrew Jackson." Of the paper itself, and of the individual who has signed it, the committee find it difficult to speak with the plainness by which alone such a document, from such a source should be described, without wounding their own selfrespect, and violating the consideration which all American citizens must feel for the chief magistracy of their country. Subduing, however, their feelings and their language down to that respectful tone which is due to the office, they will proceed to examine the history of this measure, its character and the pretexts offered in palliation of it. Of these in their order.

Ist. It would appear from its contents and from other sources of information, that the president had a meeting of what is call ed the cabinet, on Wednesday, the 18th September, and there read this paper. Finding that it made no impression on the majority of persons assembled, the subject was postponed, and in the mean time this document was put into the newspapers. It was obviously published for two reasons. The first was to in fluence the members of the cabinet by bringing to bear upon their immediaie decision the first public impression excited by misrepresentations, which the objects of them could not refute in time-the second was, by the same excitement, to affect the approaching elections in Pennsylvania, Maryland and New Jer-tions-nay, they were in fact almost the only ones.-This was

sey.

The first design is apparent from the fate which has befallen these counsellors. Whilst something was hoped from their fears, it was expedient to flatter them, keeping in reserve behind these blandishments, the power to punish disobedience. "By the terms of the charter," the president says, "the public money is to be deposited in the bank during the continuance of its charter, unless the secretary of the treasury shall otherwise direct." "Unless, therefore, the secretary of the treasury first acts, congress have no power over the subject, and consequently the public money must remain in that institution till the last hour of its existence, unless the secretary of the treasury shall remove it at an earlier day;" and again, "the power of the secretary of the treasury over the deposites is unqualified."

Having thus argued the secretary of the treasury into an exclusive control of the deposites, the president proceeds to give his reasons why the secretary should remove them, concluding with this remark-"Far be it from him to expect or require that any member of the cabinet should at his request, order or dictation, perform any act which he believes unlawful, or in his conscience condemns." Yet notwithstanding these expressions of humility, the moment the secretary of the treasury dares to resist this intrusion into his department, and refuses to do what "his conscience condemns," he is immediately dismissed from his office, and denounced in the official gazette as a "refractory subordinate." The same official announces to the other two offending ministers, "that however he may regret the difference of opinion," the president still thinks "that the measure is one upon which the menibers may conscientiously differ from the president and from each other;" that is to say, that they are not yet to be dismissed for expressing their opinions, the president being appeased by the sacrifice of the most contumacious of the opposition.

Its purpose to influence the elections is attested by the triumphant exultation of the official gazette, that

"We have received intelligence which authorises the belief, that, in the late election in Pennsylvania, the legislature of that state has undergone a change which will give the Jackson party a majority of two thirds, and the same result has been accomplished in Maryland. We learn from sources to be relied on, that the success of the Jackson ticket in some of the anti-Jackson counties in Maryland, was secured by the late expositions of the corruptions of the bank, read by the president to his cabi net--and we have no doubt that it had its effect on all the recent

elections."

2d. The indelicacy of the form of those proceedings corres ponds well with the substance of them, which is equally in vioJation of the rights of the bank and the laws of the country.

The bank of the United States was chartered by congress for certain national purposes; and as it was thought expedient to

Such was the consideration to be given by the bank. The consideration to be given by the government, was "that the deposites of the money of the United States in places in which the said bank and branches thereof may be established, shall be made iu said bank or branches thereof, unless the secretary of the treasury shall otherwise order and direct; in which case the secretary of the treasury shall immediately lay before congress, if in session, and if not, immediately after the commencement of the session, the reasons of such order and direction.” This contract was deemed so unfavorable to the citizens generally, that on the opening of the books, the subscription was not filled, from a belief that the investment upon such terins could not be advantageous-an anticipation too well realized by the fact that the stockholders have never yet received the legal rate of interest on the principal subscribed. But the only temptation by which they could be induced to unite with the government was that while on the one hand they paid in advance to the government a million and a half of dollars, and performed certain stipulated duties, they should have the benefit of the deposite of public funds until they were wanted in the public disbursements. These were the two essential stipulathe opinion of the committee of finance of the senate, when on a proposition to make the bank pay for the use of the deposites, they reported on the 21st of April, 1828, that "the 16th section directs that the deposites of the money of the United States shall be made in the bank and its branches. No change can be made therein without a direct violation of the charter, which the faith of the nation is bound to sustain. No view of that kind could be contemplated by any person, and none, it is presumed, has been contemplated"-and they further declare their opinion, that in the bonus and the services rendered by the bank, "the United States have been amply paid for all the advantages derived from the deposites of their funds in the bank

and its branches."

The same views are expressed in another report of the committee of finance of the senate on the 20th of February, 1829. "The committee repeat their opinion that the charter gives to the bank the use of the public deposites without any other remuneration than such as are distinctly authorised in that instrument, that the exaction of any other would, in the opinion of the committee, be a direct violation of the charter. The 16th section says distinctly, that the deposites of the money of the United States shall be made in the bank of the United States and its branches. This is positive and cannot be misunderstood. The 20th section says, that in consideration of the exclusive privileges and benefits conferred by this act upon the said bank, the president, directors and company thereof, shall pay to the United States $1,500,000. The bank was to pay and has paid the million and a half of dollars. For what? For the exclusive privileges and benefits conferred by this act. What are the benefits? The committee can perceive none except the deposites for which the bank has actually paid already."

The president himself, in his manifesto, is obliged to allow that "the charter to the bank is to be considered as a contract on the part of the government-it is not now in the power of congress to disregard its stipulations-and by the terms of that contract the public money is to be deposited in the bank during the continuance of its charter, unless the secretary of the treasury shall otherwise direct."

It is then admitted on all hands that this is a contract by which the bank was to pay a sum of money, and to perform certain services, as a consideration for the use of the government deposites, which the government stipulated should remain in the bank, unless otherwise directed by a particular officer, the secretary of the treasury. The purpose of giving this power was obviously to prevent any loss of the revenue, and it was designed exclusively to enable the secretary to protect the interests of the government if the bank became unsafe. This was the opinion of the secretary of the treasury, Mr. Crawford, who, in one of his very first communications to the bank, in

March 17, 1817, declared, "that, by the charter, the public mo ney deposited in places where the bank of the United States, or its branches, are established, must be deposited in them, except when there are urgent reasons to the contrary" also the opinion pronounced by the committee of finance of This was the senate, in their report of the 20th of February, 1829. After citing the 16th section, they say:"The committee see, in the power given to the secretary, a discreet precaution, and the words they believe convey only the idea, that if, at any time, the secretary shall be of opinions that there will be a danger of loss to the United States, by its money remaining in the vaults of the bank, he may remove it for safety, and report his reasons to congress. No other construction can in the opinion of the committee, be given to that part of the 16th section."

This too was the opinion expressed by the president himself in his message to congress on the 4th of December, 1832, in which he recommends an inquiry in order to allay, "the apprehension that it is no longer a safe depository of the money of the people;" and in the same message he adds: "Snel measures as are within the reach of the secretary of the treasury, have been taken to enable him to judge whether the public deposites in that institution may be regarded as entirely sale; but as his limited power may prove inadequate to this object, I recommended the subject to the attention of congress, under the firm belief that it is worthy of serious investigation."

And the secretary of the treasury in his report to the same congress, in 1832, mentions certain things which "have suggested an inquiry into the security of the bank as the depository of the public funds."

several departments. The secretary of the navy, of state, and The same distinction pervades the whole organization of the of war, are to execute the orders of the president-but the se the president. Not a single word is there of performing the orcretary of the treasury is not enjoined to execute the orders of ders of the president, On the contrary, the act of congress declares, that it shall be his duty to make report and give inforing, (as he may be required) respecting all matters referred to ination to either branch of the legislature, in person or in writhim by the senate or house of representatives, or which shall appertain to his office." And the act of May 10th, 1800, directs him to make his annual report, not to the president, but to congress.

This independence of the secretary of the treasury-if it be It was in fact the leading principle in organizing the bank, that true in general-is more especially true in regard to the bank. the president should be excluded from all control of it. The question which most divided the house of representatives was whether there should be any government directors at all-and executive influence over the bank was qualified by two restricalthough this was finally adopted, yet its tendency to create an tions-first, that no more than three directors should be apthe bank should not be, as was originally designed by the secrepointed from any one state-and second, that the president of tary of the treasury, chosen from among the government directors. Accordingly by the charter the secretary of the treasury eretary has the exclusive supervision of all the relations of the is every thing-the president comparatively nothing. The sebank with the government, thus:

By the 15th article of the 11th section, the officer at the head The subject of the safety of the deposites was thus an object nished from time to time, as often as he may require, not exof the treasury department of the United States shall be furof inquiry by the secretary of the treasury and by congress-ceeding once a week, with statements of the amount of capital, and what was the result? The agent of the treasury, after a stock, &c. &c. full investigation, reported as follows:

Thus far I consider my report as complying with that part of your letter directing the investigation 'so as to ascertain the security of the public money, and the solvency of the bank,' neither of which, in my opinion, admit of a doubt."

The house of representatives, after an investigation by the committee of ways and means, resolved by a vote of more than two-thirds,

"That the government deposites may, in the opinion of the house, be safely continued in the bank of the United States." From these it is apparent that, in the opinion of the president, the secretary of the treasury, and the committee of finance, the question of removing the deposites was a question merely of their safety:

That the government, through its proper channels, inquired into their safety:

the treasury, the said corporation shall give the necessary faci-
lities for transferring the public funds, &c. &c.
By the 15th section, "wherever required by the secretary of

direct."

By the 16th section, the deposites of the money of the United States shall be made in the bank and its branches, "unless the secretary of the treasury shall at any time otherwise order and All these the secretary may do-but from the beginning of the administration of the bank assigned to the president, except in charter to the end of it, there is not one single power over the the last section, where it is declared that, "whenever any committee of congress shall find and report, or the president of the United States shall have reason to believe that the charter has been violated, it may be lawful for congress to direct, or the prefor the district of Pennsylvania, calling upon the corporation to sident to order, a scire facias to be sued out of the circuit court But supposing this to be less evident than it is-supposing declared forfeited." The whole function then delegated to the show cause wherefore the charter hereby granted'shall not be that causes other than the safety of the public funds would jus-president is a power, concurrently with a committee of contify their removal from the bank after it has paid a full equiva-gress, to issue a scire facias by which the court is to try whelent for them, still one thing is manifest: founded. Yet this slender authority is made the pretext for ther his belief that the bank has violated its charter is well usurping the whole power of the secretary, and for doing that which the secretary alone was authorized to do, and which he the president was not merely not authorized to do, but substantially prohibited from doing.

And that through all these channels their safety was made manifest, and so declared by the highest authority.

That the secretary of the treasury, and the secretary of the treasury alone, has the power to remove them-that officer being especially designated to perform that specific duty-and the president of the United States being, by the clearest implication, forbidden to interfere.

The whole structure of the treasury shows, that the design of congress was to make the secretary as independent as possible of the president. The other secretaries are merely executive officers; but the secretary of the treasury, the guardian of the public revenue comes into more immediate sympathy with the representatives of the people who pay that revenue; and although according to the general scheme of appointment he is nominated by the president to the senate, yet he is in fact the officer of congress, not the officer of the president. Thus:

By the act of congress, of 1789, it was provided, that "There shall be an executive department, to be denominated the department of war; and there shall be a principal officer therein to be called the secretary for the department of war, who shall perform and execute such duties as shall from time to time be enjoined on, or entrusted to him by the president of the United States."

By the same act it was provided, that

"There shall be an executive department, to be denominated the department of foreign affairs, [afterwards changed by the act of September 15, 1789, to the department of state] with the same provision as to the principal officer."

By the act of 30th April, 1789, it was declared, that "There shall be an executive department, under the denomination of the department of the navy, the chief officer of which shall be called the secretary of the navy, whose duty it shall be to execute such orders as he shall receive from the president of the United States."

The bill introduced into the congress of 1789, provided for the establishment of the three departments-those of war, state and treasury-under the name of executive departments. But congress made a distinction between them. On the 2d of July, 1789, as the journals of congress show: "an engrossed bill for establishing an executive department, to be denominated the treasury department,' was read the third time, and the blanks therein filled up.

"Resolved, That the said bill do pass, and the title be an act to establish the treasury department."

made by the order of the secretary of the treasury. It is a perFor it is manifest that this removal of the deposites is not version of language so to describe it. On the contrary, the reverse is openly avowed. The secretary of the treasury refused to remove them, believing, as his published letter declares, that the removal was "unnecessary, unwise, vindictive, arbitrary and unjust." He was then dismissed because he would not remove them, and another was appointed because he would remove them. Now this is a palpable violation of the charter. can change but a particular officer; who, although necessarily The bank and congress agree upon certain terms, which no one nominated to the senate by the president, was designated by the bank and by congress as the umpire between them. Both congress and the bank have a right to the free and honest and impartial judgment of that officer, whoever he may be-the bank, because the removal may injure its interests-the congress, beconstituents. In this case, they are deprived of it by the uncause the removal may greatly incommode and distress their lawful interference of the president, who "assumes the responsibility," which, being interpreted, means, usurps the power of the secretary. To make this usurpation more evident, his own language contradicts the very power which he asserts:

unqualified."
"The power of the secretary, says he, over the deposites, is

tary of the treasury, his view of the considerations which impel
"The president cannot refrain from pressing upon the secre-
to immediate action."

ends by declaring that he "begs his cabinet to consider the proAnd yet these phrases have scarcely escaped him, when he posed measure as his own." "Its responsibility is assumed,” &c. &c.

know the fact, that if Mr. Van Buren and every personal friend Finally, it was announced in the official gazette, that "we of the president, had united in recommending that the deposites should not be removed, the president would have taken measures to remove them notwithstanding."

The bank, then, has a right to complain: