The Wabash Courier, Volume 2, Number 27, Terre Haute, Vigo County, 18 January 1834 — Page 1

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ukier

^re-Man If, 1

n»pi«7wi

f|l COB*lK*.

y.^-rrJi of SEW ORJL15AN8. nf the citixenfi of Newport, #nd

VANY

and f. J.

JTthe Coart House, on the 1st day tot the purpose of making arlof the celebration of the Battle of s, Dr.

WILLIAM

Covrir

and

OIL,*

called

RUSH

chosen Secreta-

til&ialfeSl a

n, On motion of Benjamin Shep--ifeK- the, following resolutions were uoanilouslyjidopted:

Jlctoteed, That we approve of celebrating the |tli of Jananry'in a resectable manner, with* it distinction of part/.

Resolved,

That the Hon. John R« Porter be

Ivequested to act a* President, Col. D. A. Jones* Mai. E. Brown, and P- J. Vandervecr, a* Vice Presidentsof the day.„«•- yS&K*"

Resolved, That R. M. Corwine, E*q- be re,Asted to act as orator of the day.ft •Retailed,

That the following named gun tie

men be appointed a committee of arrangement, Tii: ft. M. Corwine, D.

Jones, Uri Alton,

B. Shepherd, Jhb% W^urt, D. W. Clover, Allen Strowd, P.

^Vanderreer,

Jfa-W

and Thomas F.

Whefenpon, the fallowing named gentlemen vifre selected as a committee to draft toasts, vix: J. Vnudcrrccr, R. M. Corwine and John VV. i%Ru«h. •.

Thnt the meeting adjourn, tine die

'f- WILLIAM COFFIN, Chairman. %o*» W. Secretary.

'~Yhif memorable event wa» celebrated agrteable'to previous arrangements, on the 8th in«t. by alnrge awl rerpectoblc concourse ofcitiiens, from thU and the adjoining counties. The day was ushered iu by the firing of cannon and other dalawtftrations of joy. Nothing occurred during theday to mar the festivity and pleasure of the

celebration,

and, although many who attended

it entertained adverse political sentiments, not •n unkind or an unpleasant feeling was manifested, but one sentiment pervaded all—that of lasting and abiding *en»e of the gteat importance of this heroic achievement. At 2 o'clock, neat, appropriate, and eloquent oration was delivered by It. M. Co*w»*e, Esq. in the Court House, to a'large and respectable assembly of laddies and gentlcflien/which received that attention it

richly merited. After which the com-

repaired to the Hotel of Major

NER,

JOHN GARD

where an excellent and sumptuous dinner was served up. After the cloth was removed, the following toasts (the Hon. Jon.* It.

acting as President of the day, Col. D.

as 1st Vice President, Major E.

POSTER

Joskk

BROWN

VANDKHVEBR,

as second,

third Vice President)

w4*c drunk, amidst the cheers and plaudits of Urn poiapany:

REGULAR TOASTS.

The President of the United Stales. "§. The Viee President of the United States. .1 3, The memory of Otorge Washington. *j *V 4, The day we celebrate: Ages cannot cfface I of I r.or the blessing# which it conferred on the Union. 5. General Andrew Jaekson: Americans delight to honor the defenders of their country. #a^,« 6, The Governor oj the State of Indiana Pat^"liotteally and ardently devoted to the best interests of our infant Stnte». He will rcecive the reward due to his sevioes. 7. The Constitution of t\e United States?—

When construed by Patriots, an impregnable bulwark of Liberty, when misconstrued by wily mid designing politicians, a nullity. 8. The freedom of election, the independents tif theprtssy and the universal diffusion of knowledge: The only safeguards of the people and the Union. 8. Domestic Manufacture* and Internal ImyravemenitsBlintl indeed is that Government to its most importaftt and vital interests, that does not, by every legitimate means, nourish, cherish, and promote them. 10. JVrfry of the United Stale* t—'The floating palladium of our Liberty:

"Her march is on the mountain wave, Tier home is on, the deep." 11. The Union of the Slates.'— Cemetned by patriot-* blood, and consecrated by departed ralor. Americans cannot forget it. 19. "OurVountry our country* always our wuritrj—whether right or wrong." 13, 79«e State of Indiana .—Blfst with great natural advantages, a richly fertile soil, and an enterprifing population. She needs but age to place her iu a scale of eminence with her sister states,,

The fair ft Indiana:—Tba rose not let*/«ir, befcau*e it blooms in the wildcrneis. VOIA'NTEKR TOASTS.

The Kon. John

Porter being called on for

a sentiment, gave: The ereter pf tk* rfey.—His address, purely national,«tery American must respond to its sentiments.

Bjt fbi D. ij.Jsnn, Ul He» Preiistent— Th* +$th day January, 1815.- A day that taught Britons the valor of American soldiery.

By Msgor EH Brosra, Stf Fit* Prtsideni—Jtmeriean Potitia: In the consideration of which may mnntrti not saeabe adheretl to. |s By P. J' fmndtrvter, id Fict President—Our "*h€Ht*rr»isi*£ fkrmm **d The great •ourcct of oor national wealth and national prosperity.

By John W* JRHM. Secretary—Our own State bvUrnna: Kver ready to yield obedience to tbe jest Lawt «f the Union^ and equally ready to de^nailtrflglito.

Bfy $kqpmrd~Kentudkimu: Brtt» hi battle and hospitable in peaca. »g Wm. £tf. Ed. df. «r JlfrrxstotiK Congmtf AM* stkictt in tfcs eaaaa «ftl« —his eoneiftwHtts «se wm*.

By Major John G*rimer~hiimmI*itk all her political rtrift May it ssib«id*t and aU yarHat ttoita in giving onrdial wpport to Km«*a» M. Jo««Mnt of Kahtacky, foe tbo next Prewdao- .. |e.

OK 4iton-^ MUk^Mtfrnatd &»+> trmr if Mama: Pl«l» i» oawws, inud»«t»

deportment, and judicious in his administration —maj his future prospects be equal to the past,.

-Richard M. Johnson,

By Benjamin, A&erry of Kentucky ^AUh»l our country's pride and boaat. ^wWlioit arm's a council ltd whose namti a host ^jRemembisoce long

shall keep alive thy

Guw,

^A»J future ages aerate thj nan*"

fly Joseph M. Hayts, o/ Montezuma—Vox popvli, Vox Dei: The Key Stone to the RepufcArch of the Union—the pivot around Itcan which revolves

the rigbt

of Americans! May

he who refuses to bow to this dictum be neglected by the sovereigns of America-r^S By Major Eli

Brown—State

Rights: Kullifi-

cation knows no bound*—the nation does. tj By Thomas F. Leach May the field prodtff* its crops, the forest its vegetation, the tree its gotten fruit*, and all he crowned with plenty.

Tly it. R. Robbins, oj Monteruma—Nullification Tbe youngest germ of Ambition: May the Hero »f New Orleans put it in his breechcs pocket.

By M. Kingsbury, of Rockrille—Bth of January, 1815: May it like tb*4tb of July, be engraven on the breast of every American. 'y'

By R- -V- Corwine—The Wabash and Erie Canal: The wants of the State of Indiana calls loudly for Ms speedy completion,«

The festivities of the day were cohcludod by a Ball, given at the Hotel of Major John Gardner, in the evening—which was numerously attended.

''f/j&i VOICE OP VlltGlMA. Extract of a letter to the Editor of the Xational Intelligencer, dated

RICHMOND, (VA.) Dec. 26,

j833. Wc have this evening had in our city one of the largest public meetings, upon the depoxile question, which hns even been held in the Capital of the Old Dominion. The Hall of t^e House of Delegates was crowded to overflowing. I have heard the number of persons present estimated variously from one to tt*o thousand. Ampng the individuals there, I perceived one or two members of Congress from the North, now on a visit to this city, and I fell proud that their visit was as timed as to witness this thrilling exhibition of the genius and spirit of the South. The meeting was called "to order at 5 o'clock and CHAPMAN JOHNSON, Esq. chosen to preside over it. The name of Johnson is itself a tower of strength to any cause, in Virginia, with which he is connected. In purity and disinterestedness of public character —in strength and vigor of intellect, he is surpased by no man, and no one could occupy a more enviable and commanding position in public confidencc. When taking the chair, he made short address, but directly to the point. He presented the i£Sii&m^ncuwlea4 tiie President and the Peopleras orie of Liberty and Despotism and expressed his hope that the People would have the spirit to assert, and the firmness to maintain their rights, upon this great and trying occasion.

BKNJ. WATKINS LEIGH then rose, and submitted a series of resolutions, censuring the removal of the deposites, as a plain, cross, and palpable violation ot the public faith, nnd of the Laws and Constitution of the country—presenting of themselves condensed and beautiful argument on the subject. He sustained his resolutions in a speech of transcendant power & ability, which occupied in its delivery nearly two hours. It has often been my good fortune to have listened to the eloquence of this gifted and extraordinary man but upon no former occasion have 1 ever known him so mighty and overpowering in hi3argument, so thrilling nnd exciting in his cloquencc. It was, indeed, a proud day for Virginia—to hear her favorite and most gifted son—he upon whose shoulders the mantles of Henry and Randolph have fallen—thus lay bare the disguises under which Despotism was seeking to enrich itself, nnd hurling down the idolatrous images which for nearly eight years h»yc disgraced her political worship.

The results of this night will be felt throughout Virginia and the South. The high ground which Mr. Leigh occupies in public confidence, the rapturous applauses which, following nearly every sentence of his long and eloquent harangue, the perfect and entire unanimity with which the resolutions were adopted, have struck a blow at the influence of the Kitchen Cabinet, from which it cannot recQver in Virginia.

Many able, patriotic, and distinguished sons of the Old Dominion were present, prepared to hare joined in the disrusion. But the eloquence of

Lstau

Twenty-Third Congress.

FIRST SESSION.

IN SENATE* TucafOAY, pKCSIWEa 26.

REMOVAL OEPOSITKSl

T-iio CHAIR having announced the special order of the day, being the Report of the Secretary of the Treasury on the subject of the removal of the Depwiics,

Mr. CLAY rose, and offered the following resolutions: 1. Resolved, That by dismissing the late Secretary of the Treasury becausc he would not, contrary to his seirse of,his own duty, remove the money of the United States in deposite with the Bank of the United States dnd its Branches, ill conformity With the President's opinion: and by appointing his successor to effect Bach removal, which has been done, the President has assumed the cxerci«e of a power over the Treasury of the United States not granted to him by the Constitution and Laws, and dangcrdus to the liberties of the People. -v 2. Resolved. That tjje renton* assigned by the Secretary of the Treasury for the removal of the money of the United States, deposited in the Bank of the United States and its Branches, communicated to Congress on the 3d day of December, 1833, are unsatisfactory nnd insufficient.'

The resolqtion having been read— %m Mr. CLAY rose and addressed Hie Senale to the following cffect: We are, said he, in the midst of a revolution, hitherto bloodless, but rapidly tending towards a total change of the pure and republican character of the Government, aad to the concentration of all power in the hands of one man. The powers of Congress are paralyzed, except when exerted in conformity with his will, by frequent and an extraordinary exercise of the Executive veto, not anticipated by the founders of the Constitution, and not practised by any of the predecessors of the present Chief Magistrate. And, to cramp them still more, a new expedient is springing into use, of withholding altogether bills which have received the sanction of both Houses of Congress, thereby cutting off all oppoitunity of

passing

was enough.

It filled every heart, convinced every head, satisfied every desire. Look at the resolutions read them, and then ask if* there can be any doubt of the political course of the old "Dominion, when in so larpte and numerous a meeting, Mm seas not one dissenting voice to them!

The speech of Mr. Leigh should be published and circulated through Virginia. It would be impossible for any man not wilfully blind and deaf, to resist its force. I have read every speech, report, nnd document, upon the Bank, for the last four years, and I may truly say that I have not before heard so complete and powerful a vindication of the Bank against the charges of misconduct, and never heard so glowing and appalling an* illustration of the dangers which threaten the institutions of the country, from the rapid strides which the Executive is makiog to despotic power.

Where were the ex-Attorney General, and the rest, when the ciiadel of their strength was thus st«*ruted 6l levelled with the ground Not one dared to show himself at the meeting, or to Eft his voice In defence of hfs

& STaEAM or MANY T&9 AOAIKSTTJIE roc* OX THS rsorxje.."

Volitme2. TLRRE-HAITE, INDIANA, SATURDAY, A^rAKY 18, 1831. !¥•. 97.

them, even if, after their re

turn, the members should be unanimous in their favor. The constitutional participation of the Senate in the appointing power is virtually abolished by the constant use of the power of lemoval from office, without any known cause, and by the appointment of the same individual to the same office, after his rejection by the Senate. How often have we, benators, felt that the check of the Senate, instead of being, as the Constitution intended, a salutaiy control, was an idle ceremony?— How often, when acting on the case of the nominated successor, have we felt the injustice of the removal? How often have we said to each other, well, what can we do?^ thg^fficc cannot remain v^at^.jd4|^. out pre)urJice to (he public interests, if we reject the proposed substitute, we cannot restore the displaced, and, perhaps, some more unworthy man may be nominated?

The Judiciary 1ias* not been exempted from the prevailing rage of innovation.— Decisions of the tribunals, deliberately pronounced, have been contemptuously disregarded. And the sanctity of numerous treaties openly violated. Our Indian relations, coeval with the existence of the Government, and-recognized and established by numerous laws and treaties, have beer, subverted, the rights of the helpless and unfortunate aborigines trampled in the dust, and they brought under subjection to unknown laws, in which they have no voice, promulgated in an unknown language. The most extensive and most valuable public domain, that ever fell to the lot of one nation, is threatened with a total sacrifice. The general currency of the country—the life-blood of all its business —is in the most imminent danger of universal disorder and confusion. The pow« er of Internal Improvement lies crushed beneath the Veto. The system of protection of American Industry was snatched from impending destruction, at the last session but we are now coolly told by th® Secretary of the Treasury,without a blush, "that it i? understood to be conceded on all hands, that a tariff of protection merely is to be finally abandoned." By the 3d of

March, 1837, if the progress of innovation continue, Jhere will be scarcely a vestige remaining of the Government and its policy,as they existed prior to the 3d of March, 1820. In a term of years, a little more than equal to that which was required to establish our liberties, the Government will have been transformed into an elective monarchy—the worst of all forms of Government. yjL

Such is a melancholy out faithful picture of the present condition of our public affairs. It is not sketched or exhibited to excite, here or elsewhere, irritated feeling. I have no such purpose. I would, on the contrary, implore the Senate and the People to discard all passion and prejudice, and to look calmly, but resolutely, upon the actual state of the Constitution ahd the conntry. Although I bring into the Senate the same unabated spirit, and the same firm determination, whirb have ever guided me in the support of civil liberty, and the defence of our Constitution, I contemplate the prospect before us with feelings of deep humiliation and profound soortificatios*

It is not among the least unfortunate symptoms of tlie times, that a large portion of the good and enlightened men of the Union, of all parties, are yielding to sentiments of despondency. There is, unhappily, a feeling of distrust and insecurity pervading the community, itfany of our best cittseus entertain serious apprehensions that our Uafan tutd our iostitatieaf nf? defined to a speedy overthrow.

OUR]

Sir, 1 trust that the hopes and confidence of the country will levive. There is much occasion for manly independence and patriotic vigor, but none for despair. Thank God, we are yet free, and if we put on the chains which are forging for us, it will be because tire deserve to wear them* We should never despair of the Republic.— If our ancestors had been capable of surrendering themselves to such ignoble sentiments, our independence and our liberties would never have been achieved. The winter of 1776-7 was one of the gloomiest periods of our revolution but on this day, fifty-seven years ago, the Father of his Country achieved a glorious victory, which diffused joy and gladness, and animation, throughout the States. Let us cherish the hope that, since he has gone from among as, Providence, in the dispensation of H^jwiercies, has near at hand in reserve fo^**Hhough vet unseen Ly us, some sure happy deiivcrence from all impendip^oahgcrs.

When we assembled here,last year, we were full of dreadful forebodings. On the one hand we were meuaced with a civil war, which, lighting up in a single state, might spread its-flames throughout one of the largest sections of the Union. On the other, a cherished system of policy, essential to the successful prosecution of the industry of out countrymen, was exposed to imminent danger of immediate destruction. Means were happily applied byCongress to avert both calamities. The country reconciled, and our Union once more become a band of friends and brothers.— And I shall be greatly disappointed, if we do not find those who were denounced as being unfriendly to the continuance of q,u«* Confederacy, among the foremost to fly to its preservation, and to resist all Executive encroachment.^'

Mr. President: When Congress adjourn' ed, at the termination of the last session, there was one remhant of its powers, that over the purse, left untouched. The two most important pqwers of civil government are, those of the sword and the purse.— The first, with some restriction, is confided by the constitution to the executive, and the last to the Legislative department. If they are separate, and exercised by different responsible departments, civil liberty is safe but if they are united in the hands of the same individual, it is gone. That clear-sighted and sagacious revolutionary orator and patriot (Patrick Henry) justly said, in the Virginia Convention, in reply (o one of his opponents "Let "him candidly tell me where and when "did freedom exist, when the sword and "purse were given up from the People?— "Unless a mirat jle in human affairs inter-

"Can you prove by any argumentative deduction, that it is possible to be safe without one of them. If you give them up, you are gone.""

Up to the period of the termination of the last Session of Congress the exclusive Constitutional power of Congress over the Treasury of the United States had never been contested. Among its earliest acts was one to establish the Treasury Department, which provided for the appointment of a Treasurer, who was required to give bond and security in a very large amount, "to receive, keep the moneys of (he United "States, and to disburse the same upon "warrants drawn by the Secretary of the "Treasury, countersigned by the comptroller, recorded by the Register, and not "otherwise" Prior to the establishment of the present Bank of the United Stales,xno Treasury or place had been provided and designated by law for the safe keeping of the public moneys, but the Treasurer was left to his own discretion nnd responsibility. When the existing Bank was established, was provided that the public moneys should be deposited with it ,nnd consequently ,lhal Bank became the Treasury of the United State?. For whatever place is designated by law for keeping the Public money of the United States, under the care of the Treasurer of the United States, is for the time being the /Treasury. Its safetr was drawn in question by the Chief Magistrate, and an agent was appointed a little more than a year ago, to investigate its ability. He reported to the Executive that it was perfectly safe. His apprehensions of its solidity were communicated by the President to Congress, and a commit**#'was appointed to examine the subjeCt. They, also, reported in favor of its securit)} And, finally, among the last acts of the House of Representatives, prior to the ctcss of the last Session, was the adoption of a resolution, manifesting its entire confidence in the ability and solidity of the Bank.

After all the testimonies to the perfect safety of the Public moneys, in the place appointed by Congress, who couid have so pposed that the place woald have been changed I Who coo Id have imagined that within 60 days of tha meeting of Congress, ami, as it were, is otter contempt of its authority, the change should have been ordered 1 who woold have dreamt that the Treasurer shoold hav« thrown away the single key to ihfe Treasury, over which CongnSi held ample control, and accepted in lien of It tome dozens of keys, over which neither Congress nor be has any adequate control 1 Yes, sir, all this lias be«n done, aad it is now oar solemn doty to enqoir*—1st, By whose power it ha* been order •dl and 3d, Whether the order has been girro to conformity with the constitation and law of the {felted States? agree, sir, and am very bagpy whenever 1 can agree with the President, as to the immense importance of these questions. He says, ifi a paper which hold to my hand* that he looks apon the pending question involving higher considerations than the "mere tfaiisfcr of a

*»f money from am Bank t» aaotker. Itsde**ea*ton may aJfott the character of oar Governfar sgm te And, with him,,

view it as of triascendent importance both in its consequence and the principles which the question involves. In the view which I have taken of this sutyect, I bold the Bank as nothing, as perfectly iasigaficant, faithfn) as It has been in the performance of all its jlnties, cfficieut as it has proved in regulating the currency, than which there is none Jo all Christendom so sound, and deep as is the interest of the country in the establishing and continuance of a sound currency, and the avoidance of all those evils which result from a defective or unsettled currency. All these I regard as questions of no importance, in comparison with the principle? in this Executive innovation. It involves the distribution of power by the Execati ve*and the taking away a power from Congress which it was never before doubted to possess—the power over the public purse. Entertaining these views, I shall not, to day, at least, examine the reasons assigned by the President, or by the Secretary of the Treasury, for if the President bad no power to perform the act, no reasons, however cogent or strong, which he can assign as urging him to the accomplishraent of his purpose, no reasons can sanctify jgtjn unconstitutional and illegal act.

The 6**t question, *ir, which 1 intimated Itf to be my pnrpose to examine, was, By whose direction was tbi| sjbjapge of the deposites made?

Now, sir, is there dny man wfiolicars me, Whb requires proof ori this point? Is there an intclli* gent man in the whole country who does not know who it was who decided on the removal of the deposites? Is it not of universal notoriety? Does any man doubt that it was the act of the President? That it was done by his authority and at his command? The Preddent, on this subject, has himself furnished evidence whiob is perfectly conclusive, in the paper which he has read to bis Cabinet for,'although he has denied to the Senate an official copy of that paper, it is universally admitted that he hus given it to the world as containing the reasons which influenced him to the act. As apart of the people, if not in our Senatorial character, we have a right to avail ourselves of that paper, and of all which it contains. Is it not perfectly conclusive as to the authority by which the deposites have been removed? I admit that it is an unprecedented and most extraordinary paper. The Constitution of the United States admits of a call, from the Chief Magistrate, qn the Heads of Departments, for their opinions ih writing.

It appears, indeed, that this power which the Constitution confers or? the President, had been exercised, nnd thnt the Cabinet were divided, two and two, and one, who was ready to go on either side,being a little indifferent how this great constitutional power was settled by the President. The President was not satisfied with calling on bis cabinet for their opinions, in the customary and constitutioaal form, but he prepares a paper of his own, and, instead of receiving leasons from theni, rends to them, and thus indoctrinates them according to his own views. This, sir, is the first time in the history of our country, when a paper has been thus read, anJ thus published The proceeding is entirely without precedent. Those who now exercise power consider nil precedents wrong. Th?y hold precedents in c.mtenipt and, casting them aside, have commenced a new era in the adminisiration. But while they thus hold all precedents in contempt, disregarding all, no matter how long established, no matter to what departments of the Govern monts they may have given sanction, they are always disposed to shield themselves behind a pre-

trcr rmimnk Lteiiheifyi whcf*v«r the .' fan find one to ... ...,j i„. their piifposoi But th® cftiMiion ia-_who

gave

OWN

reasons on which they are founded,*' fcc. At the conclusion of this paper what does be say? "The President again repeals that he begs 'his Cabinet to consider the proposed measure as 'HIS OWN, in tbo support of which he shall re'quire no one of them to make a sacrifice of ch'pinion or principle.

'BEEN ASSUMED,

tate—ot», ae: aSfthiayli iwher Ijpoartha Pi— Intention bat, sir, what haa b« told in the seou^ll "IT yoU da not comply with my wisfc«_if JJd effect thf^emoval of these. Deposites withio tfafe riod I as»gn yon, yon must quit your office." And whet, sir, was tha effort? This document bears da t« on tbe iSlhSfrptembeE la the official paner miu! IraUed at tha Seat of Government, and tKroucb'wKj-.w it is understood that the Government makes, kno#£ its wishes a»d purposes to the People of the United States, we were told under date of jhe 20ib Sentom ber, 185®, two days only aft*r this CabineTS.^ was re&l, follows: "We are authorised to siLt?* —autko4i*ed this is the word which gave credit t* this annunciation—'Wo are authorial to state that 'the depositee of the public money will ha changed •from the Bank qf the Uutted States to the Stat* 'Banks,««sewn as necessary arrangements can

•made for that purpose* and that it is believed the* •can be completed in Baltimore, Philadelphia. New orkiapd Boston, in time to make the chcneeby tht ffirst q^Pctober, and perhaps sooner, if circumstances 'should tender an earlier action necessary on the part «of the Government. Yes, sir, on the 18th September this measure was decided on: and on the 80th it is announced to tbe People, that the Deposites

ed States

the order for

the removal of the deposites? By whose act were they removed from the Bitnk of the United States, where they were required by the law to be placed, and placed in banks which the law never designated? I tell the gentlemen who are opposed to me, that I am not to be answered by the exhibttion of an order signed by R.B.Tnney, or any one else. I want to know, not the clferk who makes the writing, but the individual who dictates—not the hangman who executes theculprit, but the tribunal which orders the^xjecution. I want the original authority, thnt 1 may know by whose order, or by whose authority the public deposites were removed, and I again ask—Is there a member in this Scnnte, is there an intelligent man in the whole country, who doubts on this point? Hear what the President himself says, in his Manifesto, read to hit Cabinet: "The President deems it HIS duty, to 'communicate in this manner to his Cabinet 'the final conclusions or ins

Mixn, and tbe

ITS RESPOKSIBII-TV HAS

after the most matore delibera-

'tion and reflection, as necessary to preserve tbe 'morals of the people, the freedom of tbe press, 'and the purity of the elective franchise, with'out which all will unite in saying that the blood 'and treasure expended by our forefathers in the 'establishment of our happy system of Gnv'ernment will have been vain and fruitless. Un'drr these convictions, he feels that a measure so 'important to the American people cannot be 'commenced too soon: and HE therefore names 'the first day of October next fts a period proper *for the ehange of the deposites, or sooner provided the necessary arrangements with the State •Banks can be made.'' Sir, is there* a Senator here who will tell me that this removal wat not made by order of the President? I know, indeed, that there are in this document many of those most mild, most gracious, most condescending expresisons, in which power too welFknows hew to clothe its mandates. The Pfesidept coaxes,he soothes the Secretary in the most bland and .conciliating language: "In tbe remarks he 'ha* made on this all important qnestion,t«e trusts 'the Secretary of the Treasury will see only the 'frank and respectful declarations of the opinions 'which the President has formed on a measure of 'great national interest, deeply affecting the 'character *$1 usefulness of bis'administration 'add not a spirit of dictation, which the President 'would he as careful to avoid, as ready to resist. 'Happy will he be, if tbe facts now disclosed pro'duce uniformity of opinion, aad unity of

181

Sir.

1fctiem

action

'among tbe members of the administration." §ir, how kind bow gentle! How very gracious must this, have sotinded In the gratified ear of the Secretary of the Treasury! Sir, it reminds me at an historical anecdote, related of one of the most remarkable characters which onr spedes has ever produced. While Oliver Cromwell was contending for the mastery of Great Britain, or Irelatd, (I do not sow remember which,) be besetged a certain Catholic towm The place made a stout resistance but at length the town being likely to bo taken, the poor Catholics proposed terms of capitclatioo, stipulating therein Sot tbe toleration of their religion. The paper containing the terms was brongbt to Oliver, who, pattrag on bis spectacle* to read If, cried oat, •Ob, granted, granted certainlybe, however, added—'hot if one of them shall dare to be foord attending Mass, he dial] be banged* --(under what section is not mentioeed, whetber aoder a second, or any other seetion, of aay partiettlar law, we an sot told.)

That, sir, lbs Secretary wae told by tkaPrasideat tftst ha bad aot jba slighteet wieh to dto-

°f °ctober or »cTner,

practicable! Mr. Duane was continued in offlca till the mon which day he was dismissed: and between the 23d and ?8th, on which latter day the mer# clerical act of signing the older for removal was pcrformed .Ur. T***Y,by whom it Was done, was ap*!^ pointed B««wUry of the Treasury, having- conform^ ®d»

P7fdent

which

own duty#

Duane would not do. Yes, sir on thm*

80th weiit forth this proclamation, bf authority nf the re^tvalof tbe Deposites, although Mr Duane repoint bava ooncftlluM prof a letter of the President to that genUeman, dated on tbe 23d, which letter, after all the gracious, friendly, and conciliatinff language,** tbe Cabinet paper,concludes in these terms: "I feel 'constrained to notify you, that your further services 'as Secretary of tbo Treasury are no longer requir-

Such, Mr. President, isth*'te»tim«ny on one sidet6 prove the truth of the proposition, thai the removal of the deposites from the flank of the Unit«d States was a measure determined on while the late Secretary of the Treasury was still in offioe, and against the wtll of*" the Secretary: nlthough Mr. Taney may have put his signature to the ordor on the 36th—a mere mirnsteral. act, don in conformity with tbe previaus decision of tbe President, that the removal should take place on or before the 1st of Oct.

I now call the attention of the Sfenate to testtmonjr of the other part *I mean Nr. DUA^S* After giving a history of the ciroumstnnces which accompanied his appointment to o(ficc, nnd what pasted antecedent to bis removal* he proceed* to say—

"Thus was I

IhrUst

into office—thus was tferiftTt61'

'from officer-not because I had neglected any duty— 'not because I had differed with the President on any 'other point of public policy—not bccaule

1 had

'ed with bim about the Bank of the United &|Htes— 'but, because 1 refused, without further inquiry or acHion by Congress* to remove the Deposites.'* *^"5

Can testimony be more complete to establish the? proposition 1 have advanced? And is it Qossible after the testimony of the President on one side and of bias: Secretary on the other, that the former had deoided that the deposites should be removed,and 'tad removed the Secretary because he would not do it,that any man can doubt that the removal was the President's own act? that it was* done in accordance with bit Com* maud

And now, rir, having seen that the removal wat made by the command and authority of the Prcsi*' dent, 1 shall proceed to inquire whether it was done i& conformity with the constitution and laws of tbtt Unit* ed States.

I do not propose, nt this time to go into the reasons alleged by the President or his Secretacy,except so far as those reasons oontain an attempt to shew that be possessed the trequi»ite authority. Because, if the President of the United States had no power to d* this thing, if the Constitution and laws instead of authorising it) required him to keep bis hands off the Treasury, it irniscless to enquire into any reasons be maygiw f^^|elrcisiiij a power which be did not pos-

differ*

Admimslratiim "Onffitffcan) on tTia*1es« vmpu us tut.#..,! •iml

lating 'posites of the me 'in which the said bank, nnd 'established, shall be made in *unless the Secretary of the Treasury shall 'time otherwise order nnd direct, in which caje the 'Secretary of the Treasury shall immediately lay be'fnre Congress, if in session, dnd, if not, immediately 'after the commencement of the next session, ihe reasons of sucji order or direction." This is in striq£ consonnnco with the act creating the Treasury Department in 1789. The Secretary of the Treasury is by that act Constituted the Agent of Congress he is required to report to Congress annually the state tff the finances, and his plans respecting them, and if Congress in either of its branches shall require it, he is to report at any time on any particular branch of fiscal concerns of the country, he is the agent of Con-* gress to wateh over the safety of the national deposites and if, fro#* any peculiar circumstances, the removaf of

shall be required, he is to repoft the

fact—to whom? to the President? No Sir—he mutt report it to Congress together with his roasons there* for. By the charter of the Bunk the President of the United 3tates is clothcd with two powers respecting it, and two only. By one of its clauses be is authorised to nominate, & by and^with tbe consent of tbe Senate,

to appoint the Government Directors and to remove them, by the other clause, he is empowered to issue a scire facius when he shall apprehend that the charter of the institution has been violated. These,

Bat the President says, that tbe duty **has been d*» vol red upon him" te remove tha depositee, *%f the nstiteties end tbe suffrages of the American pea* pie.** Sir, dees be mesa to say that the*f

the only powers given him by the charter* all otheis are deuied to»him, and are given to others The bank is not bound to report tbe state of its affairs to him bat to the Secretary of the Treasury 5 and it is thus to report whenever he shall call upon it for information but when it becomes necessary to go farther, a committee from Congress is authorised to examine tbe books of tbe bank, and look into the whole state of its affairs, and to report not to tbe President, but to Congress who appointed them. The President, as

have said, is restricted to the two powers of appoint* ing Directors, and issuing a scire facius And has the President any power over the Treasury by tbe Constitution! None, sir, none. The Constitution requires that no money shall be drawn from the Treasnry except by appropriation, thus placing ft ea* tirely under ih« control of Congress. But the President himself, says, "upon him has been devolved, by, the Constitution and the suffrages of the American people, the doty of superintending the operation of the' Executive departments of the Government, and see" ing that the laws are faithfully executed." Sir, tbo 'President in another part of this same paper* refers to tbe. same suffrage of tbe American people, as the si«orce of some other and new powers over and above those in the Constitation, or at least, as expressive of? their approbation of the exercise of them. Sir, I differ from the President an tbiapoint arid though it does not belong.exaetly to this jjjsoe in the argument, will add a temark or two onFlnis iuea. When tbepeople elected the present Chief Magistrate, it is not a necessary inference that they did it on aeeotint or hi* owasserits* and the anworthincls ofhis competitors} nor was it intended thereby to express their approbation of all tbe opinions he was known to- hold*' Sir, it cannot be believed that the great State of Pennsylvania, for instance* which has so justly been denominated the keystotie of adr federal atch In voting again and again for the present Chief Magistrate#"/,^ meant by that actio reverse her own opinicns on thsy? ttbjeet of dowestie Industry. Sir, the truth "ft, tfeatF tbe re-election of the President proves as liitisiA ap* probation by the people of all tbe opiniaae h* ntsjf bold (even if he bad ever unequivocally e*pres««f what those opinions were, a thing which be never, so far as my knowledge extends, ba« y«t done) a# it would prove that if the President had a earhnnefa or the king's evil, they meant by re-electing hits to approve of his carbuncle.

»*y, are