Newspaper Page Text
—Hr—
. prosen of the termination of ili*» •• •, u.
an i the j-upt-i co.is..forut. -a? acre: ».».-•
ineaugiHtd m| ot meti.v s.ia.piy ■
cicut t- j.. uy me rsni.iv l- of t*>o b-y o
litS wlliioji eforouce to the j. i
the riant?. or itie’.r >.*!t*!V ill ils w k;f.
Bat i:i the conduct of th« . > -
found other imptivi.-. e in • . .
character, and wii: v , . e prompt •-
tWil. D*:Vi io, :• .*S CD a: it'
front tune :i.si.uas a-> u
pii iic ; . . .1 ol pub!: ■
fun.is, its iuter.cn.-ti -e ~i * e ii -us. its vf
forts, by tile m.ifiimei;. o. luiufitt-ex. to
the Govemmc *. Dhectors o! a
foil .Knowledge o as • t.icctv.', and above
ii.it.' iiaguntn ncoiidurt s.s recent!' a:i.:
aonpectcdiy diicioaed ia placing ail
fu.ids ot tac Bituk. including tin' : .t>;.■ y <>■
the tlovern ment, at . ■ <1 p * i ot fi-
Presid n: oftn. a-: .is ans of opera-;
tin.' '.ipua pub . • opinion and proeui.-g :•
pew -barter w thout requiring i.i :; to
render a \ a-sot. r tor their disbursement.
A Oriel re • ipiudation of the facts winch
justify ttiese charges and which have come
to the knowledge of the ja. iic and the
!' .
reasonable doubt as to the course' which it
is now the doty of the President to pur
sue.
We have seen that in sixteen months
ending in May the Bank had ext vi
ed its loans more than 8-'',000.0 ! .50, ui
though it knew the Government hr tided
to appropriate most of its large deposits
during that year in payment of the pubii
debt. Itwas i.i \ta\\ 1 n:ti, that its loans
arrived at the maximum, and in the pre
ceding March, so sensible was the Bank
that it would not lie able to pay over the
public and ‘posiie who.i it would be i • quireti
by the Government, that it cotiimcnced a
secret negotiation without the approbation
or knowledge of the Government, with tin
agents, for about :■? . ot),0:!-> of the threi
per cent, stocks held *in Holland, with a
v iew of in lucing them not to come forward
for payment tor one or more years after
notice should be given i<y the Treasury
Department. Tins arrangement wouid
have enabled the dank to keep and use
during that time the public money set Jspart
tor the payment ol these stocks.
’After this negotiation had commenced,
the Secretary of the Treasury informed
the Rank, that itwas his intention to pay
off one half of the three per'ceuts o:i the
first ol the succeeding duly, which amount
ed to about •? 5,500,.).m The I t- si,lent
of the i ank, although the committee <>
investigation was then looking into its af
fairs at Philadelphia, came immediately to
Washington, and upon representing that
the Hank was desirous of accommodating
the* importing merchants at New York
(which it failed to do) and the undertaking
to pay the interest itself, procured the con
sent of the Secretary, a‘ter consultation
with the president, to postpone the pay
ment until the succeeding first of (>cto
ber.
Conscious til ;t at the end of that quarter
the Rank would not he able to pay over
’he udposites ana that further indulgence
was not to he expected of tin: Government
an agent was diqut -he I to England se
cretly to nci/o.i iUs with liie holder's of tin
public debt • i E irop x an 1 in luc them by
l!t«o!F:r of an equal oi _ ;>r inter si than
that paid by the Govern o. ut to hold back
their Claim >r orte year. <• -r'ng which
the -auk dx;v <o«>d thus r t fin 'he nsc o
fin,o()od)f|O, f p-.fi.'fo V.i I !l I
Government - h •. id - •» apart f..r th.- \.ny -
ttlent of thni.ifohl. The rgi.ii r.a nie an
arrangement on •• • m In'part. -vu;< h in .
iu direct violat! i ■ t;i chart- r ol’ to-:
Hank, and w ! i n ! 'ne inel.l t -nui-vo-fi
whh* this t ecu-it no---.nation -aecufontalk
came to the know lodge of the public a
the Gov't., then anil lot before, so mii : -
of it -atvv.is palpably in violation of th«
charter was. do »vowed ! 'V modiiie o
of the rest .v.ts attempted with the view m
getting :hc cerfiuieatcs v idiout p yment o
the money,*s6 thus übs fixing the Govern
meut from its liability •<» the holders. In
this scheme the Rank was partially suc
cessful, but to this day die certificates of a
portion of these stocks have not been paid
an 1 the >ank retains the use of tin-money .
This effort to thwart the Government
in the payment of the p rblic debt, that it
might retain the public money to he used
for their private interest, palliate,! by pro
tences notoriously unfounded and insin
cere, would h ive justified the instant with
dravval of tiie public deposilies. Tile ne
gotiation itself rendered doubtful the abili
ty of the Bank to meet the dem aids of the
Treasury, and the misrepresentati >ns by
which it was attempted io bo justified,
proved that no reliance coaid be plac I
upon its allegations.
If the question of a removal of the de
pusites presented itself to the Executive
in file same attitude that it appeared be
fore the House of Representative at In -ir
last session, their resolution in relaiioa
the safetv of the deposites wo-u! 1 fie rut -
tied to more weight,ulth nyii the and :cbf u :
pf the question of v e.no vutl ha: been cm
filed by la wio another department of iiic
Government. But the question now oc
curs, attende I by otlusr circatnstan-fs and
new diteloa ires of the mosts- rious import.
It is true th it in the m-'s.s 11 ■of t-m Fre
dent, which produced this i >qjiry and
resolution on tiie pa t’of the louse o
I lop resent a lives, it was his object to ob
tain the aid M-thai ho ly in making a th >r
ojq’i examiu ition into the c induct and
c >:i l'tioii of ill • Bank and its hr inches in
order to enable the E me i ivc Dej-arimcnt
to decide whether the politic money wa x
was longer safe in in hands. Th • limited
power of the .Secretary of the Treasury'
over the subject, disabled him from
making the investig ition as fully and su
isfnetorilv as if could lie done fi a rn.u
mitteeof the House of Koprevatative-.
aiJ lienee the President desired tin: a»
sixfinct: of <’mgress t-i obi tin for th
Treasury D qiar'.ineut a fall kn >.vlc igo ol
all the facts which wyre necessary to
GEOKtiSA TIMES AS» STATE RIGHTS* ADVOCATE •
.ui n 1..,- i «.eif ui Rut* it was not. liis
- .•V - line ... •' i-i ssage
iv s ..... . ■
e to : .Tin .1 ~ p-jtts-b.Uity
•vb, h.. ;no to ...g io them, and relieve
tte Executive .i.i iof tiie •. ioverament,
.Von t..e duty .vuicti me law had imp stU
».i i.. it is dio ta ill- Ficsid’-nt .a..
f ms ‘. j ct in i.i :t proceeding s!u»uld beuis
’ -j.i lin ii-Vi. o; a:, s u.-n o! seCk.ag t.»
. er • i,-u irjiii ihc p.novuijniec >»i ins own
... :s,or ol firm in! .. ; .
| b klv oetwvoii hints and t pevpfi* in
order to avoid a measure wifi :u he cal!-?..
to meet. But .'. ‘.itoagh, r.s an act o
u...ice i ihnnscli! ho d.sci.ums any design
o; soi: -i jug .iie opinem if t■■ 1! -use i
ileprescmativvaiu rii.iTi->:i toi.is own da
tax. in order to s ai.er him.-if from rc
- - lit V uud e Sac (ion -
i; y et lie Is at aii t . • -j ready to listen t->
ii:c suggestions of the ileprr ontatives oi
ti e people, wnettier given voluntarily or
upon x :.-ic..;*:!• m, and to consider tiicui "Ti.
Uie Uioio.aiU respect to wnich ad will ad
mit Fiat they are justly entitled. What
ever may be the consequences, Inlwever.
to hii.nseif, he-must tin ■.y foitn his own
idgment where tiie constitution and the
i iw makes ii Jits duty to decide, and mi
«.•; accordingly; and lie is bound to sup
p -re that such a course on his part will
never be n garded by that G, vated body
a-i a null k of disrespect to iiself: but that
they will, on the contrary, ('teem it the
strongest c*. id.mce he'c.m give ofitis fixed
resolution couscic ntiously to discharge h:s
•i ,ty to them and tceco. nirv.
Anew stare of things has, however, a--
risen -i::ce the’ close of the I -st s ssion of
: 'iin_iv.xn, and evidence i-as sin -e beeii
laid before the President which he is per
suaded wo IJ have led tiie oust of Rep
resentatives to a ditierent c mclvs.-mi, i! it
had come to their k ovv ledge. file lac
that the Bank controls, ; nd in some cases
substantially owns, and by its money s ip
ports some of the leading presses of th«
country, is now mure ch url. csta dishe.i.
Editors to whim it loan -i extra vag int
sums in id i cud J>3 .*, on unusual time
and nominal
out to be insolvent, mi Ito others ap ireiit
ly ia no bolter condition accommo laram
still moie extravagant, on terms more un
usual and sometimes without any seeuri
ty, have also been heedlessly gi anted.
The allegation which has so often eir-u
luted through these channels that the
Freasury was bankrupt and the Bank was
sustaining it, when, for many years there
lias not een less, on an average, than six
millions of public money in that insula
tion, might be p.ssed over ns liar > !
misrepresentations ; but when it is attempt
ed, by substantial acts, to impair the
credit of the Government and tarnish the
honor of the country, such charges require
more serious att- ntion. With six million'
of public niouev in its vaults, niter having
had the use off., m uve to twe!\ afiilii ms
for nine years, withoat interest, it becann
the purchaser ol a bill drawn by our Gov -
eminent on tha: of France for about ®OOO,
000, being the first instalment of tin
French indemnity. The purchase mone*.
was !e|t in the use ol the B ink, being siin
ply added to the Treasury dep >site. Tin
Bank sold the bill in England, and the
Holder sent it to I'ranee for collection, and
arrangements not having been made b
the Eren-.-h Gov< rnmeut tor its pa'-m >ti
it >v.is taken up by the agents of tiie Ifin
m l!':ir iianris. finder ia se cireumsta i
ci x iv has, t!» * go is organs, ojienly as
-xiie.'i e : re.ut ii -die dovt-riment ; and
nasact! ally ii.ade, ;uid pet> scß iri a de
n i.it of ii.t--. n pier ceat. or >! ( s,si ~
a:. gi... vvr.ai no damage, or none bo.
vofiii some- trifiing expense has’ in fie
fi -a sustained and when the Bank had in
its own pos.a s-.ion on deposin’-, sever i
millions of!he public tn-m-y which it \va.-
ttaja using for its own profit. Is a ftsen
agent to the Government, which thnsseekt
to enrich itself at the expense ofthe public
worthy of further trust !
There ate otlier important facts not in
the contemplation of the House of llepre
sentatives or not known to tiie members at
die time they voted for die resolution.
Although the charier and the rules o'
the Bank both declare that‘not Ic-sthan
seven directors’shall be necessary to the
transaction of busin ss, yet .the most im
ji irtant business, even that of grantiirc
dise-ounts to-any* extent, is entrusted to
cimmiito of five members, who do not re
[iort to the Board.
To c.il offal! inear.x c>l cormiunicatior.
with the Government in relat on*to Its most
important acts, at the commencement o
tiie prescat year, not o.ie of the Govern-'
mint Directors was placed on any one
■Io iii'nitfcc. And nltito igh, .fine--, by r.a
unusual remodeiiing of those bodies some'
of those directors have been placed on
some of t’K* Gommi.l they r. o yet en
tirely excluded fro a the Gommitlce o!
Exchanppe, thrnu gh'whicii fi.: greatest an !
modi objeclionabic loans have been iu td-.
VVii m fir: xi ivera neat [Jirectors unde
u.bfi.-ig hack th-t husiuess of the
iki’i't to the Board, in o’, Men • ■ ti the
cairtcr and t';c exis lag re,w!ation<. the
B.iird .a • o.ily overrule It": ir ai.cmpt, 1 ';;:
altered the rale so ex to make ii conform
to the pro--:: • >, ia and ivet \i *?ati-*:i of oik ‘
of tiie rao c impiirtant pro\ !.-,.’.'>ns oi tiie
charter whicli ire t! ■ exist nice.
’./nl of the Bank, by bis single wiil, on
gi. rates an ! exeeu'ts many of the in is:
important tneusures connected wth th
mai agement and credit of the Bank, and
that the Committee,*as wail a- the Board
id’Directors,arc left ia entire ignorance
of many acts don •, and correspondence
carried on ia their names an I un for their
authority. Ihe fact has been recently
disclosed, that tin unlimited discretion has
ofen. and is now, vested in the President
of the Bank to expend itc fun Is m pay
j incut for preparing and circulating urti
j cies aril purchasing pamphlets and ue\v«-
, papers, calculated by their -contents loop.
r nee on elections and secure a renewal of
its court t. It appears from an oificial re
port of tiHi i’ubac Diiectors, that, on tl'3
■uiii .November, lent), the President su -
mmed to the Board an article published
n tiie American Q •arterly llevifew, coti
aintng favorable noi ices of the Batik, and
suggested the expedieticy of giving it a
wi-t.-r circulctmii at the exp -use of th<
ii ink ; whereupon the h iard passed the
fii ll.iaiag re oiu.ion, v,g :
Tint the i'r-?-’ • at is at:-
ihvr.so.l to take such measures ia regard i
a t!;c circulation of the s .id article. cit>vei
ii whole or in part, as lie may deem nus;
.or the interest of the 1 ink ”
By aa entry in the minutes of tho Ban!:
datep March 11. it app >ars ti’.at t:c(
Fresid at liaJ not only caused a large edi-'
fin of th it nriicle tube issued, but had al
so, fod’ore the resolution of the 20th No
vember was adopted, procured to be prin
ted, and wi lely circulated, nunierous co
jn’es of the imports oft Jen. Smith and Mr.
Mvifocnc :a iavor of the Bank, and on
that day he suggested the expediency of
extending his power to the printing ofothv
er articles which might subserve the pur
qoseof the institution. Whereupon fi,-
following J - was a viz;
‘.Hrt .' >J rhat the Fri fid nt is I
by Butli-iric- and to be caused to be prepared
and circulated, such documents and wi
pers as may comm uni ‘ate to the pec-pie
i-iforinaiion in regard to the nature and
.operations of the Bank.”
The expenditures purporting to have
been made under authority oftheso res-iia
tiotis, da-dug tiie years I-S 11 and i*--.
were about 2>80,0b0. For a portion
these expenditures vouchers were ren
tiered, from wliich it apjiears that th w
wereiu t .e parchasc of sot Tie han lr.- i
thousand copies of newspapers, reports
speeches, made in Congress, reviews of
the Veto .Message,and reviews of speeches
agmnst the Bank. ifgc. For another large
[lortion h i vouclu-rs w fiatever were ren
dered, but the various sums were paid on
orders of the President of the Bank, ma
king reference to tiie resolution of the Ith
March io3l
On ascertaining the* ■ facts, and per
ceiving that expenditures of a similar Char
acter were still continued, the Govern
incut Directors .a few w< eks ago, otic red «
resolution in the Board calling for a speci
fic account of these expenditures, shewing
the objects to which they had been ap
plied and'the persons to whom the money
iiad bc«n paid. This reasonable proposi
tion was voted down.
They also offered a resolution rescinding
the resolutions of November, 1034. and
March 1031. This also was rejected.
Not content with thus refusing to re
call the obnoxious power, or even to re
quire such an account of the expenditure
as would she .v whether the money of the
Bank had io fact been applied to die ob
■vets contemplated by those resolutions.as
they’wer-y the Board renewed the power
already conferred, and even enjoined re
n. v - I attention to its exercise, hy adop
ting the following in lieu of tfie proposi
tions submitted by the Government Di
rectors, viz:
* Resolved, That the Hoard have confi
dence in the wis loin an I integrity of the
President and in the propriety of flic reso
lution • ofi.liti.il November, I '3 !, and I ith
'larch i- >l, an I entertain a full convic
tion oft: ie necessity of a renewed atten
tion to the object of th >se resolutions, au i
t-iat the President be authorized an i re
quested to cintin-ie his exertions for the
pro-notion o said object.”
Taken in connexion with ihe nature of
fi. ■ Heretofore made, as re
ceufiy disclosed, which the hoard not on
!y tqler ites but approve, this resolution
pUtfthe funds of the Bank at the disposi
tion of the President for the purpose oi
anployitig (lie whole press of the countrv
in the servi :u of die B ink, to hire writers
and newspapers, and to pay out such awns
as he pleases, to what person and to what
services lie pleases, without th t responsi
bility of rend- r ug any spaciisc account
File Bank is thus converted into a vast e
lectio. eering engine with means to em
broil tiie country to deadly feuds, and tm
forcover<<fexpenditures, in themselves
improper, extend ils corruption through
all the rami lien lions ofsoct-gy.
.Some of t’l' itetijs for which accounts
have lircti rendered, shew the construc
.v'ucii has been given to the resolutions
and the way in wnich the power it coalers
iiis been exerted. The money lias not
even expended merely in the publication
and dis.r,ejuj.i of speeches, reports of
r i a niitee.x.x, or articles written for the
purpose of shew ing the constitutionality
.•r iiselulness of the Ban!;. But puldica
:tons have been prepared an I extensive
ly <; roulutcJ, contnini ij the gi- ixscst in
vectivex ag fins the o :irs oftne Govern-,
meut; and tit ; money which belongs to
the stockholders and to the pnbl:c l;u.>
been irwi/ applied in eiforis to degr-ul .
in public tsli n ition, those who were .
posed to bo instmmcntal in resisting tii
’w.xaes of this gi a.q r.ng and dangerous in
stitution. —-i > Pre.fideal of the Ban
ins npt t-ceti r-:q fired to settle his ac
counts, no one but himself yet knows how
much more than the sum already men
tioned mav have lieou sqnatidered, and lor
adieu a cicult may lieresifor be claimed
in his account under this most extraordi
nary resolution.
Wish these facts before tn. tan xvs be
-nr; fixed at the torrent C.' r.htise i• i
samiy po.i i 1 out agiitist ell v. lio are op
posed to sam i in tiie way of the cupidity
or ambilfo:i of the Bank of the I’nited
States'? Gan we he surprised at suthfoti
and unexpected changes of opinion in . t
vor of an institution which has millions to
lavish, and avows its dctcruiuatitai not
to spare its means when they arc neces
sary to accomplish its purpose ? Tin- re
tu-.d to ivnder an ■account of the inn . ,:>r
in which a part of the money expended,
has h en applied, gives just cause for foe
suspicion that it has bom used for the
purposes which it is not tlcemed prudent
to exp >sj to the eyes of an intelligent and
virtWH is people. Those who act justly
do not shun the light, nor do they ret use
explanations when tlu; propriety of their
conduct is s.oiight into question.
f. itii these lacts before him, in an offi
cial re;>orl from lise (joveyitiK tit Direc
tors, tlie i'resident wouuld feel that he was
■ ->t only res|j*-iisib!e for ail the abuses
■.uJ corruj'tion, t;.o b ink has e.ommitted.
or may c .intuit, but almost an accomplice*
i:t a conspiracy against that Government
winch he his sworn honestlv to admiiiis
r, it he lit J not tme everv step within
his c:institutional and legal po .v. r likely
to be etiicieat in putting an end to- these
e.iorm 1 1 -5. If it he possible, within th;
scape ol human aita.is, to find a reason
or removing the Government deposit os
u!. tving the riank to its resource for
the means of effecting its criminal designs,
ivehave it here.— as it expected when
fie m.-tieys o the U. States were directed
u be placed m that Bank, that they would
be put under the control of one man. em
powered to sfiend millions wiihout render
ing a voucher or specifying t!ie- object ?
m they be considered safe with thoevi
.!'nee Before us, t.hat ten of thousands
l ive been spent for highly improper, if not
• ■orru;it purposes, and dint the same mo
tive may lead to the expenditure of Ituti
ireds ot thousands, and even millions
more? And can we justify ourselves to
the people by longer lending to it the mo
ney and power of the Government, to be
employed for such purposes?
It has been a Hedged bv some as an ob
jection to the removal of tha deposites,
mat the Bank has the power, and in that
event will have the disposition, to destroy
the State .auks employed bv the Govern
ment, and bring distress upon the country,
.t has been the fortune of the President
to encounter, dangers which were repre
sented as equally alarming, and he has
seen them vanish before resolution and
energy. Picture equally appalling were
parade i before him when this i.ank came
nand anew charter, lint what was
dr res i,. lias the country been ruined,
ir even distressed ? was it ever more
prosperous thin since that act? The
/resident Verily believes the 'auk has not
the power to produce the calamities its
i ieuds threaten. The funds o| the Gov
ernment will not be annihilate-, bv being
transferred. They will immediately be*
issued for the benefit of trade, and if the
Hank of the United tates curtails its loans,
the State Bank , strengthened bv the
publicdfeposiles. will exto-nd theirs. "> hat
conies in through one ank, will go out
through others, and the equilibrium will
be preserved. Should the i ank, for the
mere purpose of producing distress, press
its dohtors more he vily than some of them
can bear, the consequences will recoil up
on itself, find in attempts to embarrass the
country, it will only bring loss and ruin
upon the holders of iw own stock. But if
the President believed the dank possessed
of all the power which has been attribu
ted to it, his determination would onlv be
rendered the more inflexible—lf, indeed,
tins corporation now holds in its hands
the happiness and prosperity of the A
inefican people, it is high time to take
i the alarm, if the despotism he already
upon us, and our only safety is in the mer
cy of the despot, recent devclopements in
relation to his designs nod tlw> mentis tic
Vys, rhuw TT»w necessary it is to
shaxo it off. The struggle can never
cone with 1-ss distress to the people,than
at the present moment,
Aii doubts ns to the wii!i:ig»«as of the
Snue Banks to nudemake tire Kerviee of th.
•mar uncut, to the same extent, and on tie
-t ne terms as is nmv p rformrid In the L'm.k
•if the U ote.t Sums, is put to rest rv the re
tort of (lie agent recently employed io roll, ct
i.iforiii ttion ; and from that willlngni tin ir
• t.t-i safety in the operation mnv be coafi
•e tly inferred. K towing ti; -ir oi n r.jsimr
c ,-s better thin they can It - known bv oth r-.
i is not to he supposed that th y would b,
•villio-r to place thernedvra in a situ.it.o
will <: tli y canai't occupy without and n ' r ol
a Uitil.itiO.i 01 eml) jnssm rit Tii’i.id.
nnsirieratiori apphi sto the saf tv «<f no p;i
tc.iunds, dis posit, din those . - uio
'•ml when it is seen that the directors of in i
iv elTnein are not only willing tool ,lge t|i
■lti racier and capital o[ t >c corporations c
• viiftf B?uuc«‘S3 to til’s .11• *• is»ir;•, hit? also t!j *.r
|''.'it pr pertv and ruput ii. >i, ive cm n»
l"'i t that til ', ;.t least, b lieve the ' p:iti|i
: pontes would In* site in their itismgem tit
The Ur sideiit thinks that these facts an
circumstances afford as strong a guar i me i
Cdrt-be na.l in human affairs, for the s fety ol
•an pahhcfunds, and the p*iciie:;bilttv of a
iciv system of collection and (hshiirioiii. n
i imgit the agon -y. f tfj • State Hit !;g.
From ail these considerations the Pr..si
:.-nt thinks that the State Bank’s ought j,„.
I! (11.-t • ■ to lip Cilia IV' and ill tic police !•! '
■ and i.ia .'irs- ntetit ot til.' pii'dic r vcnti , ami
i.te funds now in the Bank of the Unit.
dra on !• .I iviih all eouv :iic:.t despatch.
r« safety of l!i public mo lies, if d-podt?..
m ta ■ 1 -at a ■ Banks, liin-t iia vctirt'd tioyoiiii
II r; aaniaiiii iionlits : but the extent and na
•ur- e! tile s curtly, m addition to th nr capi
;!, f ;.ty t. -deoiie rl s« pessarv, is a subject
if and ii! to which the Trr.surv i; panne.t
uii n i.foutiti’ibv give its anxious attention,
fit ■ if,uks to be em doyed rni.:. remit the
tioui sos l.h - Gov- r tin nit without charge ns
i»h■ B; k ot the brut.-1 States now does i
| mist render nil tie; services which t i.-.t Bank
j eo.v j rfnriiis ; must keep tile Guv- r.-imeut
j tv:- <1 of tiftr sitii.itifiu by p •■riodicul ro
! uires ; in fit-, in any timing in. .t ivil.h the
1 l itr- Banks, tic- Gov.m in ;; in ist not, in a
| r-spcci, be placed on a worse font mg than
!;no . is. The I’rcsident is happy to p. r
t»-- hy th report of the i pent, that tie
. i inks w hich he lias cons dte,! iiave, in in n.
erni, consent nl to perforin tie s i vice on tin si
: inis, and t.hat f !ios-in \ ,v \ or!i have fur.
iirer apji nl to make payments in Lain !.to.
| v:t liiiiit oi h< r charge than iho meie cost M
‘he bills id i xell.l.iee.
It siioii!,! nls.) be enjoined upon any which
* “if’ eiuployi and, that it wdl lie expert.
e.| them to facilitate deitiestic. excli niges so
! hc limiii fit of internal commerce tto p r r.u; j
»!1 grant all texiotiabl- f- ilititr.to the n«i j
er* of the revenue ; to exercise the utmost
liberality towards the other State Banks;cud
do nothing uselessly to embarrass tlu; Bank oi
the L luted St..tes.
As one of the most serious objections to
the Bank of the United Stales, is the power
w hich it cortcrntr.it. s, care must be taken in
finding other agents for the service of the
I’rensury, not to raise up another power c
pially formidable. Although it would prob
iily be impossible to prod.i-e sticli a nsuli
nv any organization of the State Bank s which
could bn devised—v t it la desirable to avoiil
even liie apjicaranee. To this end it would
be expedient to assume no more ppaer ov r
them and i iter sere no more in their affairs
fiian i-;'n t he nlisolut: i> m cessnrj to ill s.-
urily of the puhl.c .1- jHisite, and Ibo faitn-
Inl perforur.ui u: of thsur dutu s as agents at
the Treasury. Anv mt. rference by them iii
liie political ro .tci.ts of the country, with a
view to ii.fl.iciip* otectums ought, in thro
pinions of tin- Pr 'si.!, ut, to be followed by
in ititinudiat,' discharge from the public s< r
vice.
It is trie desire of th« Prwiiicnt, tlr.it tin:
control of the Banks and tile currency, shall
as far as po.i-.iblo be entirely s p rtilcd from
tue politic..! power of the country, «s well as
,vrt sled from an tiistitution winch has already
attempted to wilj‘Ct-the fJnvi rnmeiit to Us
Will. In ll ri opinion the action irf the tli n
•r.d Govtr.imc.it o.i tins subject ought not to
extcn.l In yon.l tile grn .1 in the Constitution,
. only nuthoriz.-s Congress “ locoin mo
ney and regulate tin; v..lue til- re of all .is
in long- to the Slates and the people, and must
her. /nl.it and by public opinion ..ml the inter
eats of ir.ide.
1 i conclusion, ti e Presidt nt must be per
mitted to remark that lie looks upon the pen
ning qiivtsion as of higher consideration than
die mere transfer of a sum of money from one
bank to another. Its decision may affect the
char; •;< r of our Government far ages to come.
Should the Bank i suffered longer to use
he public mo::: s, in the accomplishment of
its purpos s with the proofs of its faithliss
dess und corruption before ocr eyes, the pat
riotic among our citizens will despair of suc
cess in struggling against its power, and we
shall bo responsible for entailing it upon our
country forever. Viewing it as aqu .stinn of
transcrrjdant importance, both in the princi
p! sand enlist ipicucrs it involves, the Pr si*
.b-nt could not, in justice to the n sponsibih
tywlnc.i tic o ver tolh.'Co i itrv, refrain from
jiressingupon ihc S crefary of the Treasury
.is vi«nv of the considerations--which until I to
iinmedi.ite action. Upon him has hern lie.
volved by the Constitution and th suffYag: s
.of the American je ople, the (tutv of suii. rn
teiuliug the operation of t.e Ex. eutiv D--
pa'tuicufs :>f the GoviTiit.it nt., iii.il sci g that
the lawgivi rs.no faithfully (x. cuterl.— In the
p rform inco oft.iis high trust, it is Ins ii"
ih> b’od right to i xpre.-s to those ivh ail thi
la vs i.ut hij own choice luve m i e’l.isa -
so nates in t :e ad ninishiition of t ic Ooveru
in nt h sopinion of their duties uu I. r circum
stances as taev aris:-. his this right whi Ii
le now cxi-rmscs.— Far fin it from limit) iv
pi ct or r- quire, that any member of lln Ca
met aliohld, at his requ st, order or <t c atio.i,
o any act winch he In lu v s UuliTwfiil,'(C iii
isco.science con leiiuis. Fiom them.am!
from his follow citizens in gen ml, tie and -o -
only th it aid a .>! su,i|Mirt which th ir r n o
nves and the r eon-cicnce strict .uu.
In the reinuks hi- hns-in.ide on tins all im
por aid q lestiou, ho triials tue Si er. I..r\ o!
t ie Priusury wdi see only tlu> frank and r.-s
--jOClfnl ileclaratious of the opinion-- which the
President lit.s formed on a m. asun of great
iition.it interest, deeply affecting the charoe
> r itnd useftilnuss oi Ins administrutiou ; and
mt a spirit of dio'.itien, which the Pri stdeirt
.lOillli l>e i.) '■ S r •; ti 1 lo »eoi.l,ua r—a.tv lo rerlnt.
Happy will Iv , if the facts now disclosed
produce MiiifnrMiity? of opinion und unity ol
an ion among tlie members of the ad.uinis
tra'ion.
IV. Pres dent again rapoats, that Im begs
us Cabinet to consjder the proposed m a
suve as his own, in the support of which lie
shall r; quire no one of them to make a saeri-
U'|,' of opinion or principle. !is respoiisil.il
ity Inis been assumed, after.the most n ntore
.leli!)cr.itio:i ami reff cUon, as nt c. Ssary to
ircs.i.'ve the morals of tlu; people, tin; free
loin of tin-press, and the purity of the el c
:ve fraiiclliM , without which all will unite in
saying’ rh.t the bloc (land treasure expended
>v our forcfitiicrs in the of our
•rppv i.vsl ;n ofgovernm- nt will have been
iu jatn and fruitl Under these convic
tions, he f- c s that a measure so important to
h** A n rican people' cannot be’ couiuicnc. and
unsoo.i; and he therefore names the first
lav e.f-Oetober in X’ us a period prop, r for the
• uirge of the deposit s, or s.i.iu -r, provided
:e necessary urrang. in .ts with the f at.
can be taa.l.;, A\’)ilß>V’ JACIvSOM.
iTii j.ai:/Chari** iu tlic case
»l fsc Stain vs. John MiiioU) toi
'iiarsiei-,
(it i nc.i of the Jury :
i'.ns trial has excited a great deal of inter
est in lire public tiliml. But when we take
nt:) co.isuieratio i, the stanrlnig of t he parlies,
•numeted with tins illf.ited tragedy and tnt
irotrncted and fficully, iiluen lor Ropie t ine
i.ist existed between them, we might reason;)-
dyexpuct that it would deeply agitate t t
-on).nullity. Again ivehave been call, and np
iii to act in the case immediately after its oc
tar. nee, hi fore the passio .s have bad an in
i rv.d for subsiding, ami thi refore i tktein ii
to I flic njor • necessary, that tlsccourtshnub
. hr,, ;, ;..) yr.,i to divest your ntiiids, of alt
di .j ci ii’.r for or against the accused. And
-si:., cue as .;! and the. prisoner, were know u
to eiest oFyou and some of you, in the ntt
i.ate rclat.on of frtc .rls and ncigtlhors, this
hi; j will challenge, in a particular mam) r
your most unbiassed mid candid consulera
•io.i. Wc ara to know no one in a Coutt ol
J : lie. in at;;, other point of view than th .t
in 'vt ;cli the < videuco and the Latv may ex
httet him. Ino tnind of a Juror should be
ike a virgin sheet of pure white paper, tin
u! 1 arid t.tiv qualtfi. dto r.-ceivc tnosc mi
pre*- otis and those only which Ike legal his
tory i I tlie cause, may make upon it. I’re
■ o:.’ led upinto-ts of you.r oivit, which you
nt :y !i.i ve imbibed from coum.on rutnor on
i . Die hand, and t i« popular p:.0.-ioiis # .if
tvei:,;e, or of favour q;t the oth. r you inttst
iot [e.riiiit ta control you and rs much as
• ictli iii you, consider of this case a-t though
it happmn and between two persons, of whom
ci had In lor In rd or known nothing
A hem ver tin life of h fellow l> ing ta mi..-
j • .i y ink. ft ..wav by anutber the panic strikes
bt p, thicugh sill Iho community, and the
I puUi>: irttlipmtiiQ!i ij casi’v oroutrod and nvtdc
to bear against the supponed per^T?'
" 'J—sometimes, burns against him Ur"
Ins case is beard in court, it „
qiientiy the case, that numerous aud ‘' r '‘
t. Ivtoii.U are found ready to palliate^
big.ieat offences, aud the worst of culnrit '
found acquitted in the public mind befor *i.“
lias bean put on his trial. e “ fc
d';,,- |H rsou now accused and upon (fu ,
may liave co-ne before you in tl le one, or ,j
otin rof these circumstances of bias; it w ’
card ..ll cxtrancivis matter from Vuur
I I 1 , ' Ul WllUis.
i lit* hig;i and ihe «u;v, the rich ami the po
arc entitled to the same measure of justice
Tin; inihctun nt in tins case charges t
accused with the offence of Mvrdrr'j y O|J
tiiiding will be guilty, or not gudty ol| |. '
you qudily and reduce Hie offiiicz tom.
.-.laughter, which you may dc if vou tbh.k
per. • V
Ivvill now proceed to lay down for r ßap
guide, the Law which the court de. n is s w |,.
cable to the m. rits of mis case. You *te
inaiii the Judges both of the Law ami t
Gets in criminal cases, and may differ W j,v
the court, ts your convictions of duty should
incline y on so to do.
“ Muriler” liy our Penal Codecs and. fin. a ,
“Ike killing ola humanbemg , ti!
P "I Hie State with malic. ;V lh !
either expr. ss, or implied.” Malic, ls j
i'h< ii in . .. ry case of homicide, and , lICDIr ‘
son killing is bound in 6is justification. ,| u
sets up Hie plea ot Self defence, or other mat
t r ot excuse, to show such circumstances of
u, c. suty—accident or infirmity n s will ,|,.
and. e his innocence. *• Malice is implied a!,
sa win re no considerable provocation anpeat,
in and vvh -re all Iho circumstances of the C (-r
show an ahandeii. and ami wicked heart.” £>’.
prens mal e ; is shown by external dreum!
s’aaces,capable of proof such as former gnid.
ges, antecedent menaces lying in unit,
tile Ilk.-. Ttie I ailing m irk of distiction Iv.
t'veen Murder and Manslaughter, is malice.
Manslauglitcr is the killing of a human cry;,!
Hire, without malice expressed or iuiplitH
.mil without any mixture of deh a ration what,
i ver. It must be voluntary and upon a sail
(bn heat of passion, or involuntary in tlir coni,
in’- on of an unlawful act, or a lawful act
w ithout due caillien and circumspection
Murder is the r suit of a wicked heart ortu g
upon a dein crate and fixed intention, u.an"
■daughter is the ..ff.p. ii.g of a smld.'ii heat of
passion, tlle one is mi act of r. veng,, thr
"th. rof icscfitmcht. Mire arm. o- ty is : t
placed ujNtti till 5.1.111 foetiup '.ifcriiniiiakn’
a settled li.itr and towar s tii,- d-’Ccas and. V-.u
e; rt .mly know t;n **i*i i ;i<-t‘oii between sdi
bli rate a.al hasty act.
The ground o j istili Mtion set up in tins
c s is that ol
acted under tht i’tfiuenc if such cir* m-.tun.
res ns were rejicient to excite the fear s of a
reasonable man th lthii otr a life tens in ,mmt
cil and tnger nt tne zrry moment and lint of
the killing. In the su.. nrt of this t round the
CO’iu-el for the * C'is and, Ii :V read from our
t’ iM'ode Piiue.’s :* a s’. ff,7, to tliisif.
f ct, **Justifi .ble hotnterde is tine killings
tinm.-t i h iiu ii s lfd fence, or i.i and, fence of
h al.il atio , j)Mti rty or p rs.m v against one
W oin lint, s: Iy inten.isoi eudeavotx hr rio
. i.c. ~r surj*nz. to coiniiut a known f. lour
s i-Ii as iinird r, rap-, robbery, burglary and
tl- lik. u,m i eii-rer, nr igaiuat am prrsn.s
. ho.u. f -I. 11 iUnd and endeavor in a riot
ms a .ii mull nous manner, to enter the
a iiiitn.ii if iii.oeb. r lor the pvrposc ofas
.oiling or offer* g pirsouul violence t» an*
[> rson dwelling i r being therein.” A bate
fear of any ot those offences to previ nt which
tin homicide is al idged to li. ve lain cuni
imtti and shall not be sufficient to justify the
killing, it must appear also that i e circum
stances v. ere sniKon-nt to excite the fears of
reasonable mao, and that the party really act
ed under the influence of those fears—and
not in t l . spirit of revenge.
On the part of the prosecution the following
s ; clioiis of the I’cnul Code were read and re
lied >n to wit:
“ If a person kii's another in his defence,it
must appear that the danger was so urgent
and pressing that irt order to save Ins own
life, the killing of tile other was absolutely
.ecessury and it must appear also, that tbs
H-rao.i killed was the assailant or that the
#’• ycr had really and in good faith endeavour
•d to decline any further struggle before th*
mortal blow was giiett.”
(if..tic lieu of the Jury tt must be evident
from tin: Laiv read and referred to on both
stil sos t us case, that this intention or en
deavor to take He- life cf another, or to coin
nil a.iv other f.-iotty, on the person or proper
y, must he man if st and clear; whether it
nr-, intended to b - done either by riobnee or
•vrprisc befor. the person killing is justifiable
in taking tint life of a human being And
it ■ sliver is bound to look, ul his oil'll peril
i ito ;tlf the* circumstances manifesting such
intention, or endeavour, and he certain, that
ic is actuated by tiicin alone and li.at they ate
-nt It an on lit to excite the loirs of a rcassn
thin in in, not those of a coward, a inadroati
of i so il, befor** he will be p rtniued to kill
ii ti f uic •. The Law docs not require one to
o> -ss i xtr.iurdinary courage, nor does it
ii-aki; ;»:iy allowauc* for coiva dice. It pre*
-"itncs every man to have and exercise a con.'
non portion es courage and pt ttdence and this
nu' hit will exact. And further more it nitid
[•pear that the danger u s ro urg.ait and
pressing, that the killing of the other was at
aui .tely necessary, and that the deceas'd ***
ilm a ..limit oral least the sggnasor. For it
lie accused ktlli <1 the deceased by reason of
-licit necessity and that necessity was brougut
upon litmsclf yet it is murder, because h*
brougltt such necessity upon litinself by W*
ow i act or set king. Our l’enal Code < v *
,r ss!y declares tuai “ in no case, shall * l*/’
son jttf.ify the killing of another under w*
pretence of necessity unless lie were who J
without fault imputable by Law in bringujg
that neci ss ty u; i)n liiitlr If.” Life can on .
I>« lakt u under the strong st nccirs:'.}
that too must boa faultless neeewi l ?* *
fore you can justify the accused, it wu* l a ,
ip.mar to you that the danger was uur<t llil ' 1
‘reusing at the very moment the act teas
milled ; —Moreover, that Iho deceased ai
.'hen see .ing to take the life ol the accl ‘''’‘
that his own life was tn imminent < *' ( 1 u
eery instant of lime aud that there tt lS 'j“
other alti rnativo left a reasonable man ‘"j 1
destiny bis &dii r.-ary to save hi* <•»» 1,1 0
I.i fact you must In lido tliqt t"' *’ ,c j S ' ( .
v:is tli it on the alert to shoot down *»'-"
• us and.
The tnanm rof the attack as u :l ‘ s 1
deadly nature of tlle weapon gsed, h **' 1,1 '(
urged o.i the part of the State ns etid®' lC ®
expr. es inultco mdcjmndent oi former f- 11
land the liki. These rune circumristt -