Newspaper Page Text
“The ferment of a free, is preferable to the torpor of a despotic, Government.”
TOIL. III.
ATHENS, GEORGIA, MAY 24, 1831.
NO. 10.
The Southern Banner,
IS ri’BUSIIKD IN TUB TOWN OF ATHENS, GEORGIA,
EVERY SATURDAY,
BY ALBON CHASE.
TLIRMS.—Three dollars per year, payable in ad.
ncc, or Four dollars if delayed to the end of the
3r . Tho laltor amount will be rigidly exacted of
all who fail to moot their payments in advance.
No sub.scripi.ion rcccivod for loss than one year, un
less tho money is paid in advance ; and no paper will
discontinued until all arrearages are paid, except
.it the option cf the publisher. A failure on the part
of subscribers to notify us of their intention of rc-
lincuishmcnt, accompanied with the amount due, will
considered its equivalent to a new engagement, and
pijicrs sent accordingly.
Anvr.RTJSEMr.NT8 will bo inserted at the usual rates,
gj” All letters to tho Editors on matters connected
with the establishment, must bo post paid in order to
citin' attention.
U'Notice of the sale of Land and Negroes by Ad
ministrators, Executors, or Guardians, must bo pub
lished sixty days previous to the day of sale.
Tho sale of Personal Property, in like manner,
must be published forty days previous to the day of sale.
Notice to debtors and creditors of an estate, must be
published_/br/y days.
Notice that Application will be mado to the Court
nf Ordinary, for Leave to sell Land or Negroes, must
br published four months.
Notice that Application will be made for Lettcrsof
Administration, must be published thirty days, and
for letters of Dismission, six months.
Quia, Edwd.
50
Shannon, James
100
Spencer, Estate of A.
50
St. Andrew’s Society,
10
Sm:*Ji, Wm.
125
Tui|»in, Win. II.
190
TutiiTiun, Richard
100
White, Geo. O.
25
White Anna E.
75
Waters, Ch. in trust,
100
Wardlaw, James
25
5,000
Say fire thousand shares at 30 dollars per share,
paid in, is one hundred and fifty (130) thousand
dollars.
At a meeting of the Board of Directors, on the
10th of April, 1834, tho following report was made
and accepted.
SPEECH OF IB. SCHLEY,
OF GEOBoIA,
Delivered in the House of Representatives, on
Wednesday, 2Gth March, 1834.
The Report of the Committee of Ways and
Means, upon the suffcct of the removal of the
Public Deposites from the Bank of the Uni
ted States, being under consideration,
Mr. SCHLEY rose and said—
Mr. Speaker: After the very pathetic and
affecting funeral oration which'has this mo
ment been delivered over the lost liberties of
the country, by the honorable gentleman from
BANK-REPORTS.
OJfce Augusta Insurance and Banking Company,
April 18lA, 1831.
To Hiis Excellency Governor Lumpkin.
Sir—Another period has arrived, when, in accor.
,'.ancc with the injunctions of law, it becomes my du
ty to present you, and through you to tho public, the
actual condition of tho Augusta Insurance and Bank
ing Company. I need only refer you to tho state,
ment presented by tho Cashier with the action of the
board, on a report of its committee, to enable you
to contrast, to its advantage, the solvent andrespon-
siblc condition, of this institution, with any other
Bank in the State. A reference to tho items of Ex.
change, bills of other Banks and balances duo by
them, specie, &c. will shew a sum (immediately con
vertible.) far exceeding tho amount of circulation,
indc]icm2cnt of local paper, and nett profits since 1st
January last, of $14,417 47-100.
•Tho stockholders will find in the report now made
of the condition of the Bank, all the necessary facts,
required to establish their faith in its permanency
and future prosperity.
.Respectfully, sir, your obedient servant.
PETER BENNOCH, President.
St ile of the Augusta Insurance and Banking Com-
pony, ilfo.id.iy, 7th April, 1831.
DR.
To Capital Stock paid in, 130,000
Cross profits, SI,573 44
The undersigned having examined tho Notes Rhode Island, (Mr. Burges,) I can hardly
and Bilk of Exchange on hand belonging to tho Au. expect to command the attention of the House
gusta Insurance and Banking Company, are of opin. ‘ , . lL ' , .
ion, that there is the sum of thrco thousand eight j 40 a dr y argument upon the subject of the re
hundred and seventy seven dollars of doubtful paper, j moval of the deposites.
I will, however, ask the indulgence of the
House to make a few remarks upon the re
port of the Committee of Ways and Means,
though I have no expectation that any thing
which I can say will have a tendency to
change the opinion of a single individual on
this floor, who may now think differently from
me. Nor have I even the hope that any ar
gument I can offer will confirm the opinions
of those who may now think as I do on this
all-absorbing question
But I ask this indulgence, in order that I
may give to the House, and through the
and one thousand and thirteen dollars of bad paper.
Augusta, April 7th, 1834.
' A. GRAHAM, 1
T. J. PARMELEE, > Committee.”
A. J. MILLER. >
I do hereby certify, that the foregoing extract is
truly copied from the minucs, and that the above ex-
hibit coi responds with the books of said Bank, which
fairly represent its condition, (the returns of Agents
not received and unsettled accounts excepted ;) and
that the annexed is a correct list of the Stockholder
on tho Tib day of April. 1834.
ROBERT WALTON, Cashier.
Swor"j to before me, this 18th day of April, 1834.
F. A. MORGAN, Notary Public.
The < artificate of the Cashier to the statement as
best of iny knowledge.
PETER BENNOCH, President.
presented, is believed to be correct and true to the j House to my constituents, the reasons which
influence my conduct, and the grounds upon
which my vote will be given.
And, sir, I would not ask the attention of
the House, being as I am, at all times averse
to appearing before a public audience, when
I can with propriety avoid it, if it were not for
the senseless clamor which has proceeded
less inci Jcntal
charges and
losses, 7,157 97
14,417 47
bills issued, 970,000
•• on hand, 93,500
in circulation, 176,500
eortific.-.te of loan and interest, and
deposites,
unclaimed dividends, &c.
-164,417 47
29,993 59
693 22
$371,606 28
. CR.
Br Notes Payable at Au
gusta, running to
maturity, 137,222 31
“ bills and notes lying
over, 13,421 89
•• bills and notes in suit, 1,031 79
“ bills receivable, (coun
try paper received in
settlement of bad
debts.) 2,877 52
“ bills of exchange on
New York, Charles
ton, and Savannah,
end balances against
Banks in those pla.
ccs, 123,229 51
“ bills cf Exchange, ,
Banks in the inte.
rior. Agents, &c. 5,424 96
•* Real Estate in Au.
gusta and Columbus, 5,994 77
•* Specie in tho
vault, 55,955 14
“ bills of other
Banks, 23,851 00
“ amount due
for premium
of Insurance, 2,597 36
PROSPECTUS
OF THE
SOUTHERN BANNER*
A Newspaper published at Athens, Geo.
devoted to THE uniox of the states and I from this Capitol, and this city, in the form
the bights of the states. of speeches and letters, and been sent to eve
iSiINOE issuing our proposals about a year since, ry quarter of the Union, for the purpose of
Kf* for enlarging and improving the Southern Banner, exciting the passions and feelings of the mul
events ..ave transpired in this State, which render it j j 0 ,, £ h
a duty wo owe to ourselves, a9 well as our friends and 1 * * ’ . “ ? ,
patrons, to issue a new prospectus. I these hulls in the iorm of petitions nnu memo*
It is impossible for tho most superficial observer of 1 rials from certain.parts of the nation, and ccr-
the signs of tho times, not to have drawn from them | t a jo individuals and oarties, under the influ
ence of a power more potent than the power
of reason.
Sir, a sort of factitious importance, by these
, means, has been given to the wholu subject
now under consideration, by which it has
been magnified to a size more than ten times
reason, and to have received instruction
from the lips of wisdom and experience.
But this was not permitted ; and when the
whole course of the opposition has been, to
present 1 he subject to the People in a very dif
ferent light from that in which I think it ought
to be viewed, for the purpose of casting odi
um on the Chief Magistrate of the Union,
and gaining proselytes to the cause cf the
Bank, in order to ensure a recharter, I should
consider that I was wanting in the duty I owe
to myself and my constituents, if I were not
to raise tny voice, feeble as it may be, against-
such a course.
A distinguished and talented leader of the
opposition, (Mr. Clay,) has said that “ wc arc
in tho midst of revolution, tending to tho con
centration of all power in the hands of one
man.” That “ the premonitory symptoms of
despotism are upon us, and if Congress do not
apply an instantaneous and effective remedy,
the fatal collapse will soon come on, and we
shall die—ignobly die, base, mean, and abject
slaves, the scorn and contempt of mankind,
unpitied, unwept, unmourned.” And another
distinguished leader (Mr. Binney,)has declar
ed that “ the spirit of party is a more, deadly
foe to free institutions, than the spirit of
despotism.”
Sir, these are well constructed sentences,
and finely rounded periods, well calculated
to catch the popular ear, and for a moment,
to inflame the passions ; but all sounds do
not convey sense or truth.
The tinkling cymbal and sounding brass-
make more noise than the village clock bell.
But while the former passes off, and dies
on the ear, without conveying any sensible
idea to the mind, or making any impression
on the heart, the latter admonishes us of the
approach of the noiseless foot of time ; and
leaves an abiding conviction that we are mor
tal, and hastening to “ that .bourne whence
no traveller returns.”
And so, sir, it is with declamation and rea
son. The former may for awhile excite the
passions; but the Intter takes hold of the mind,
and binds it a captive to truth. And the great
orator himself, aware of this, seems to awake
from these idle dreams, and in a moment of
patriotic feeling, exclaims, “ thank God wo
are free.”
Aye, sir, we are free—and wc want no
stronger evidence of the fact, than tho daily
application within these walls, and without
tho irresistible conclusion that the political elements
of our State have, within the last six months, under
gone a revolution os great as it was sudden and un.
expected; and wo feel it a duty we owe to the pub
lic, to ucattor any lingering inists which may still
surround us, produced by this war of elements, this
breakir. g up of old party foundations, and this ming
ling of extremes hitherto so opposite in the formation > , , ,. . ,. , | - - , „
of new ones, in order that our true position may be grater than its natural dimensions, which is these walls, and in the streets, of such epithets
revealed, both to thoso with whom wo shall hereafter intended and calculated to have an effect upon as tyrant and usurper to the Chief Magistrate
act, anil to those by whom wo may bo opposed. It the great body of the people, who have not of the nation
is not our intention, however, at present to enter in- j the means of knowing the truth of the matter, I The honorable gentleman from Pennsvlva-
unlcss this effect be counteracted, by presen-1 nia, has - said that “ the spirit of party is a
ting tho facts fairly before the public. And more deadly foe to freo institutions than tin?
it is for this reason that I propose to give my spirit of despotism.” This proposition, to my
views to my constituents. mind, is a perfect contradiction in itself.
And why has all this been done? It is be-1 Nothing can be a more deadly foe to liberty,
The existence of the one
to an explanation of the reasons which have actuated
us in leaking a choice between the partios lately or.
ganizod in our State—they have keen heretofore, and
may In hereafter, more fully explained in our columns. |
Our object is simply to call tho attention of tho pub.
lie to our press, and to enlist tho aid of those in its
behalf with whom as a party wo are determined to act. i , c t
Th* self styled “ State.Riglits Party” having adopt- ® nase the opponents of the administration than despotism
cd the doctrine of nullification in its most obnoxious I believe that the Bank of the United States, by
sense, as the very soul of its creed, wc wash our hands I the power of its money, has a hold on the
of it forever, and pledge our best exertions to support I people, and that this power being made to op-
and T'laintain that party, Loth at the South anil
throughout tho whole country, which, rallying around
that aiiuscd and vilified patriot, Andrew Jackson,
have : lodged themselves to maintain, agaiust consol,
idotio a on one hand, and nullification on the other,
the integrity, honor and glory of our free institutions.
With this free and candid acknowledgment of our
viewB and sentiments, wo submit our paper to the
tendc mercies of our opponents, and to tho protec.
necessarily destroys the other, and both can
not dwell together.
The tomb of liberty i^-jound in the death-
82, 103 50
$371,606 28
List of Stockholders of the Augusta Insurance and
Banking Company, 7th April, 1834.
Names. No. of Shares.
Alexander, A. L.
100
Bunco, W. J.
50
Bcnnoch, Peter
12
Bel rp, J. D. J. R. St. John & Co.
1,144
Bones, John
25
do. do. Trustee,
28
Bryson, Wm.
10
Bo .vder, II.
65
Clarko, Samuel
100
Campbell, Estato of J.
645
Campbell, Robert
50
Crump, Philip
10
Cu .tuning, Thomas
. 250
Crawford, Charles A.
40
Casey, Thomas G.
50
Carmichael, J. C.
30
Core, E ’word
75
Cinkcny, John
10
Dilaiglo, N.
SO
D’Antignac, W. M.
10
Fox, John
100
Fiasor, James
210
Graham, Alexander
21
Glendening, Wm.
25
Harper, J. & W.
77
Hubert, Estate of J.
10
Knight, Estate of £.
50
Kellum, J. K.
150
Kerr, Andrew
100
Kerr, Richard
100
Lawrence, Garrett
38
Hiirris, Jnriah
20
Himilton, T. N.
50
Moore, John
100
Miller, A. J.
‘ 25
M-saling, H.
25
M'Dowall, James
10
Noabitt, Estate of II.
100
Pi rmcllce, T. J,
80
Potter, John
50
Peek, Samuel If.
50
crate on them, whilst the Bank itself is held like stillness of despotism, where you hear
up here by its friends as “ a bleeding sacri- no cries of party ; but it is in the ifiidst of
ficc,” will have the effect to bring to the al- party strife, and party contests, that liber
ties now forming the opposition, an accession ty dwells in security. And, when that
of strength sufficient to rechurtcr the Bunk, duy shall arrive, in which we are all of
and pull down the powers that be, in order to one party, and there shall be no sentinel on
raise to their places certain persons, who, the outer wall to cry, “ they come,” then, and
tion c f our friends. Our opposition to-nullification I notwithstanding the high character they have not until .then, will your liberty be in danger,
heretofore, has, as might have been anticipated, cal- acquired among their fellow-citizens for tal- and the citadel of freedom be surrendered to
led down upon us the proscription of a portion of our entSt can never be satisfied whilst Andrew the silence of despotic sway.
cross's disproportion as*their **0^* fS'The^idhoun ^ckson .and his principles stand pre-eminent But sir, we are in the midst of a revolution,
mania waxes hot. Wo hope, however, that tho dis. l n tlie affections of a grateful people. These not however, tending to the concentration of
position lately evinced by the friends of tho Consti-1 gentlemen exclaim, with Haman, “ Yet all I all power in the hands of one man, but
tution and Union, to uphold and sustain us against this availeth us nothing, so long as we see tending to wrest from an interested majori-
their nullifying efforts, will grow and strengthen in I Mordecai, the Jew, sitting in the King's gate.” I ty in Congress, made up of various minor-
by tloir countenance and assistance, to “go ahead” So ,on S ™ the y Sce Andrew. Jack sot i in favor ity interests, powers which they have as-
in a course so disinterested as respects ourselves, and I with the people, all the honors that can be I sumed, and which have never boon grant'
cause so sacred ns regards the happiness and pros-1 heaped on them avail nothing to satisfy their 1 them by the People. No one of these inter-
perity of our common country. | inordinate ambition. | ests could at arjy time have obtained the
TERMS Throe Dollars per annum in advance, I M ? I™™?? ^ ollea g uc * 0* r * WiWe 0 wh ° sanction and Predion of a majority o' this
or Four Dollars after tho expiration of the year.— °P eacd this debate, says, «that certain ad- nation. But when those, whose interest
Payment at tho end of the year will bo considered in I ministration orators attribute the distress to was to obtain money from the Government
advance, if tho subscriber continues foi\ another—if j the Bank speeches,” and asks “ Why the ad- for the purpose of constructing internal im-
not, ho will be charged for tho time due, at the rate ministration speeches cannot allay it ?” This provements in their particular sections of
° f A ivcrt^menu^conspicuously inserted at the cus- is ve^ easily answered. Although the countiy, were told by the manufacturers
tom; ry prices. it has been said that the President has seized that by joining them in laying on a high pro
CrLotters (post paid) addressed to Albon Chase, upon the public treasure, and holds it at his tective tariff, a large surplus revenue, beyond
Publisher, or to Chase &. Nisbet, Editors, will meet j own disposal, yet his friends can get none of the ordinary wants of the Government, would
with prompt attention.
ALBON CHASE,
ALFRED M. NISBET.
Athens, May 7,1834.
1C’* Editors with whom wo cxchango, will confer a |
faverby giving the above a few insertions.
NOTICE.
Monroe, Walton co. April 25, 1834.
T 1UE undersigned have dissolved their co-part
nership in tho Practice of Law, by mutual con-
sen.. THOMAS W. HARRIS,
JAMES W. HARRIS.
OiTTlie unfinished business of the firm will be at-
tcn lcd to by THOMAS IF. HARRIS.
May 10.—8—3t.
it to pay for the printing of speeches. Those be brought into the Treasury, and that this
which they distribute, they have to pay for surplus could be, with their aid, appropriated
out of their own pockets. But not so with the to the purposes of internal improvement, t
friends of the Bank. Their speeches are joint stock company was formed, into which
printed at the expense of the Bank, ard fur- j it was agreed to receive as a partner, the Bank
nished gratis to those who will distribute | of the United States, in order to furnish fa
thom. I have been informed, and have no 1
reason to doubt tho fact, that more than one |
hundred thousand copies of a speech ueliv.
ered by an honorable gentleman (Mr. Bin.
cilitics to carry on the business of the fihn
Thus these three interests, neither of which
could stand alone, formed, when combined, a
powerful phalanx, which nothing could with
LAW NOTICE.
ney) on this floor, have been printed at tho stand, except the firmness and integrity of the
expense of the Bank, and that more than a Executive in the exercise of the Veto power,
hundred reams of paper of the United States And it is for the fearless exercise of this
have been used to envelop them for expur- conservative principle in the constitution, in
tation, besides some fifty thousand each of arresting and putting down these unwarrant
several other speeches which have been dfe- able assumptions of power, that the President
Fjfj'IHE subscriber having opened a LAW OFFICE J livered during this session within the walls has been so much condemned and abused by
JR. in this place, respectfully tenders his profession-
al iisrvices to tho public. AU business placed in his
hnnda wUl be gratefully received and promptly atten.
dud to. He will practice in Union, Lumpkin, Hall,
Habersham and Rabun counties.
THOS. B. COOPER.
Qarkcsvillc, Gu. 5th May, 1834.—8—6t.
2=!t2L52£S=ISL te .
of this Capitol. And in addition to these, a I those, whose interests or ambition have been
similar quantity of the report of the Com- checked and arrested,
mittee on Finance in the Senate—the whole I propose now, Mr. Speaker, to enter up
cost of which cannot be less than from fif- on the discussion of the subject of the remo-
teen to twenty thousand dollars. T al of the deposites from the Bank of the Uni
If this question could have been permit- ted States, mid shall consider it in the follow
from all extraneous influence and party con- 1- The power of tho President and Secre
siderations—if gentlemen had been satisfied tary, under the constitution and laws, to re
TAKE NOTICE. . ,
( 'i EORGIA CLARK COUNTY. The cred-1 *° exam ' ne and determine the question involv-1 move the deposites, &c
IT itora of the subscriber are hereby notified that he I ed > n this debate, with that calm deliberation 2. The expediency and propriety of the
intends at the term of the Superior Court to be held and unbiased judgment suited to the char- act of removal, with reference to the republi
on tho second Monday in August next, to avail him-1 acter of Legislators, uninfluenced by any other I can institutions of our country, and the gen
r°r ait 404 |® > r the re * I considerations than the honor of their coun- eral interests of the people,
pi. o on c ore, po. 1 john^v. BYRD. ! tr >' and the interests of the People, I should There is no express gran t of power in the
:p e b. 1 JC—mim&v Sm. s j have been content to listen to the voice of I constitution, to the President, or any other
branch of the government, to guard and pre-
serve the public revenue. It is nn inciden.
tal power necessarily growing out of the
delegated power in the 8th section of tho
first article, “ to lay and collect taxes, duties,
imposts, and excises”—because it follows as
a matter of course, that the revenue thus col
lected must be preserved and disposed'of by
the government to which it belongs. The
same power then, i. e. tho law making
power, which can “lay and collect taxes,”
dec. may and should, according to the consti
tution, provide for the safe keeping and dis
bursing of them, when laid and collected.
From this proposition, which is too clear to be
denied, it follows that this same law making
power, whether it be composed of the Presi
dent and Senate and House of Representa
tives, or of two-thirds of each House, without
the concurrence of the President, may place
the public treasure in such place as it thinks
proper,, and when so disposed cf by law, no
other power known to the constitution can
change or alter it.
But we will suppose, for tho sake of the
argument, that this law making power has
neglected or failed to make any provision in
regard to a place of deposite 'for the public
moneys, a question then arises, what shall be
done with it ? Is there no power known to the
constitution, which can, pro tempore, direct
the manner, in which it shall bo preserved,
and the place where it shall be kept ? I pre
sume every man, to whatever party lie may
belong, will answer this question in the affir
mative. . Where, then, is this power to be
found ? There are but three departments of
government, the Legislative, Executive, and
Judicial. In the case wc have supposed, the
legislative power has failed to act. The ju.
dicial from its very nature and constitution,
is incapable, and therefore it necessarily fol
lows, that if there be a power, it is. the exec
utive.
The President of the United States is the
head of the nation, and the Chief Executive
officer, sworn to see that the laws are faith
fully executed. The law making power has
enacted various statutes, by virtue and oper
ation of which,~a large amount of revenue has
been collected, but no provision ha9 been
made by law for the safe keeping of it, nor
any particular place of deposito pointed out.
It is in the hands of some ten thousand iadi
viduul collectors, each one being a branch of
this executive power, and the question is
what shall be done with this revenue ? Shall
it remain in the hands of these, various sub
ordinato executivo officers ? No! because, in
that situation, it would not answer the purpo
ses of the government. Money is often col
lected at a place where it cannot be disbursed,
and needed at points where it cannot be col
lected. The control, therefore, of the wholo
public revenue must be in the hands of some
power, in order that it may be made available
for the public service. The public revenue,
then, when in the hands of the various col
lectors, is in the hands of the executive pow-
er, for all these collectors belong to tho exe
cutive branch of the government, inasmuch
as they form no part of the legislative nor ju
dicial departments.
From this view of tho subject, it seems vc-
ry clear to my mind, that in the absence of
any legislative provision pointing out or desig-
nating a particular depository for the public
treasure, the head of the Executive branch
of the Government, the subordinates of which
collect and have possession of the revenue,
has the power and the right to order and di
rect the place or places of deposite according
td his views of their safety and the public good.
But, Mr. Speaker, in the case under con
sideration, of the removal of the public depo
sites from tho Bank of the United States, wc
are not left to implication in order to derive
the power exercised by the President. ' The
power has been expressly granted to him by
a law sanctioned by all the branches of the
law-making power. By the sixteenth sec
tion-of the charter of the Bank, it is enacted,
«that the deposites of the money of the Uni-
ted States in places in which the said bank
I Bank of the United Slates) and branches
thereof may be established,' shall l>e made in
said bank, or branches thereof, 'unless the
Secretary of the Treasury shall at any lime
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
next session, the reasons of such order and
direction.”
By this section, tho Bank of the United
States is made the depository of the public
money, so long only as it may suit the pleas
ure of the Secretary; and all the power pos.
scssed and exercised, by trie Secretary of the
Treasury over the public money, from the
first formation of the Government up to the
enactment of the Bank charter, was, by this
section, reserved .to him, iu as full and ample
a manner os it was possessed by him beiore
the charter was enacted.
It may not be unprofitable now to inquire
into the nature and character of the office of
Secretary of the Treasury. The constitution
does not point out or designate by name any
of the officers of the Executive Department
of the Government, except the President.
By the 1st section of the 2d article, it is de
clared that “Tho executive power 6hall be
vested in a President of the United States of
America ?*- and by the 2d section oPtbe same
article, it is declared that “ The President
may require the opinion, 'in writing, of th fi
principal officers in each of the executivo de
duties of their respective offices.” But these
different subordinate executive departments
were left to be created by law; and in the first
session of the first Congress, four executive
departments were created, viz. the Depart-
ment of State, War, Navy, and Treasury;
and the principal officer at tho head of each
of these was denominated “the Secretary.”
i i ,le ® ecrctar y of the Treasury, then, is the
lea ot one of the executive departments, and
by tho 2d section of the 2d article of the con-
stitution above mentioned, the President has
power to require the opinion in writing of this
Secretary upon any subject relating to the dtf-
ties of Ins office. Why is this power given
to the President ? We must suppose that it
was intended for some purpose. The sa^es
who formed the constitution inserted nothing
without a direct and useful object »u view.
There is but one rational answer to the ques
tion, and it is this, that ihe Secretaries of the
different ■executive departments are subject
to the order and control of the President in
tho discharge of the various duties of their of
fices ; and therefore he is invested with the
power ot demanding their opinions in writing
upon any subject relating to these duties ; so
that, if their opinions should not accord with
that of tho President, he may cause them to
act-upon his opinion, and in accordance with
Ids direction ; or, in ease of refusal, dismiss
them and appoint others. • „•
This power of the President, under the con.
stitution and the laws creating the executive
departments, is too clear to need further elu
cidation ; and, although the power was de
nied in the commencement of tho debate, I
believe no man, having any respect for his
character as a constitutional lawyer, now de
nies it. One of the most tulented leaders of
tho opposition in the,other end of this-Capitol
(Mr. Calhoun) has admitted the power of the
President, but colls the act of removal « an
abuse of power.”
Whether this power has been abused by
the President, in causing the removal of the
public money from the United States Bank, is
a question about which the Bank party end
the People arc not likely to agree. As a
matter of course, the Bank and its friends will
call the act of the President an abuse of pow.
er, because it may effect their interest nnd
influence—whilst the great body of the Peo
ple, on the. other hand, will hold it a rightful
exercise of power.
I have said that the power over the public
deposites was expressly granted to the Presi
dent by the sixteenth section of.the Bank
charter, because, although tho term Secreta
ry of the Treasury is used, instead of Presi-
dent, and very properly used too, as he is the
head of that branch of the executive power
by which the fiscal concerns of the Govern
ment are managed, yet, as he is subject to
the order and coutrol of the Chief Executive
officer, by whom he is appointed, and during
whose pleasure alone, lie holds liis office, it
is manifest that the Congress of 1816 intend
ed to reserve, and did reserve the power over
the public money to the executive branch of
the Government. And a proper respect for
the Congress of 1816 forbids any other con
struction of the 16th section of the charter,
as no other can be given, except upon the as- •
sumption* that they were totally ignorant of
the coustitution and laws of their country.
That clause of the 16th section which reserves
to the Secretary of the Treasury the power of
ordering and directing the place of deposite,
was inserted on the motion of Mr. Webster,
then a member of the House of Representa
tives from the State of New Hampshire, who
was opposed to the grant of the charter, and
disposed to vest in the corporation as little
power and as few privileges as possible. And
who, that will attentively investigate the na
ture and exteut of the power over the immense
revenue of this nation, heretofore exercised
by the Executive, and reserved by the 16th
section of the charter, to the Secretary of the
Treasury, can for a moment believe, that this
power was ever intended to be vested- in the
Secretary alone, independently of, and with*
out accountability to, the President? The
President is the head of one of the three great
departments of the Government. He has
been placed there by tho voice of the peoplo
of the United States, because they had confi-
dence in his capacity and integrity; and it is
more reasonable to suppose, that they would
confide the management and control of their
money to him, than to a subordinate officer,
not elected by them, nor even by their Rep
resentatives in Congress. The idea, there
fore, that Congress, which is composed of the
Representatives of the People, and who are
supposed, according to the theory of our Gov
ernment, to carry their will into effect, intend
ed by tho reservation of the 16th section of
the Bank charter, to place tho whole treasure
of the nation under the coutrol ol the Secre-
tary, without accountability to. tho President,
is altogether inadmissible.
Sir, if the doctrine advanced by the friends
of the Bank bo true, what is the situation of
the public treasure? Why, sir, it is this:
The Secretary of tho Treasury may dispose
of it as he thinks proper, though such dispo-
sition should cause its total loss, and the Pre
sident must stand by and see him do it with,
out the power to prevent it. And it is no an
swer to this view of the subject, to say that
by the 16th iiection of the charter he is bound
to give to Congress his reasons for his con.
duct, because this is no security, inasmuch as
the reasons are to be given to Congress after
the act is done. The Congress may adjourn,
as it must do every second year, on the 3d
Subject 1 *wilting" *>. the day the Secretary may
:»
