Georgia times and state right's advocate. (Milledgeville, Ga.) 1833-1834, October 09, 1833, Image 2

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—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 -