Newspapers / The North-Carolina Star (Raleigh, … / Feb. 13, 1834, edition 1 / Page 1
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,J1 lll .ixaju 3 VOL, 2HV l.avis of CaxoVma, aaseiV Aft 1833-4. get dirtetinj the tale of (he land remaining untold, acquired by treaty from ' t m i'r- d Cherokee Indian.' ;V 'Be U enacted ly ihi General Assembly of the State of North Carolina.' and it ithenby-tfUKtedinetahority of th tame, That the Governor be; and he is hercbj authorised to direct the sale of so much ofihe lands lately acquired by treaty from ' the Cherokee Indians a have been surveyed and remain un sold, at such time and place as he may deem proper, under the direction 01 a commissioner 10 oe oy mm appointed lor mat pur nose, after havinz advertised the same at least three months in the public newspapers of this city, the Western Carolinian of i Salisbury, ana sucn omer papers as ne may minn proper wnicn lareshwrepfcpefta II.- Be if further enacted, That if, during the sale,-anj sec lion of land noticed to be of the first quality, shall not com mand in the market one dollar and ntty cents per acre, and in ... like manner, lands of. the. second . quality, not commanding se- , venty-fif e cents peracre, and lands of a third quality not com- 'nianding twenijynve cents per acre, me commissioner snail -postpone the sale 1 of such lands; and when the commissioner discovers inai any section 01 lauu i uneiy . in uriug. ie man its value either for want of competition or from combination anion the bidders, he shall bid oil' the same for the State, j..: III? Beit further enacted 'lsX the provisions of the second --jion fif-an ictrp8ed4B-lheyear. one thousand eiyht hun dred and twenty-one, entitltd an act concerning ilireJands &ifi&tfrH4i& ehe'rbteeJnua1(i8' a'nd the '''provisions of the seveuth, twelfth, thirteenth, sixteenth and eighteenth sections of an act, passed in the year one thousand tight hundred and nineteen, entitled " an act prescribing the mSd&Aftira by jreatyfrom the Cherokee-Indians,", be, And the same are here bv contiwie'dTnTdfce'."" - - r- . i?-lYjr H it further tnacteattiH Governor be, and he i hereby authorised to cause twelve additional lots to be smryey- cd tn the town 01 i?ranK,iint out 01 iu lour nunurei acres re gerved to theState, which may, together with those already svrr veved. be exposed to Bale under like rules and regulations as r ! -prescribed in the before recited icU-.r frovie dalwaSr&& - ,.tneJaijl,-.Cgf!l.l;M.';r. y.uttlgus ,M..Jm .M' wpnuii me m- terest of the State require it, to purchase in the same for the Xi Be it further enacted, lhat nothing in this art shall be 5.IL Jlnd bt U fiirt hTrnacUTTSfoT iaw, coming wunm ine meaning ana purview oj inis aci, oe, and the same areliereby repearea. , ; ' . " . , 1. Vip Statu to which mav be resarded as doubtful iVX jgw-fg enactca jLh&ti. case the luuk-slioiild. t . . ,'i'n 1 . 1 : 'TpOBldthat nothitr intnis actsnaioe-econsirue4 a tpr- vent persons who nAy have crops growing Tn tne saia jands, from-gathering ihm.e,K.,to ;::;;:i,:r;,.-,:rri-!r.-e3e': ... : hundred iad eighty three, entitled "an net for opening the Und 1 ... office for the n oemption or tpeeie and other eerti&catea, and ditchargiog the Varreari due the armr. -r-r-"- - ' Carolina, and it is hereby enacted by the authority ojllii mine, i haj. whenever aBy-persoa JMiau suspenu tue issuing 01 a grain tn another, the secretary snau not issue a grant lor me ianu in - dispute to the person at whose instance such suspension was obtained, or to any other person, until a decision of the case is ; made according to the act aforesaid; the evidence of such de cision shall.be the certificate 01 the cierK ot the court tn wiiicn . such trial shall be had. - . - " "' ' " - -SO- . - Aa aot o enforce die penaltr incurred by entry-loVeri failing to make annual " T rnfurna nf entrici made in their riective oftieet a -miutred by U.., HVhereasi by anract of ibe General -Asscmbly-of thistatev f . . . 4 M A I A it-! .i !i I passed in eighteen hunarea anu twenty-one, cnapter ininy, 11 is made the duty of the entry-takers of the several counties in fthis State to make annual returns of the entries made with them Jl to the oflice of .Secretary of State, under a penalty of two kun- - dred do'.lars) but it is not made the duty of any person to en- Z- force said penalty! For remedy whereof, - ili Bt it enagted by tfiLGeneralMscmblg of the State of North f Carolina, and it is hereby enacted by the autioniyof tie same, - That it shall hereafter be the duty of the Secretary of State, ' and he is hereby required to furnish the Attorney General, at every fall term of the Superior Court of Wake connty, with a ' certificate of failure jn every case where any entry-taker has 4 failed, or shall hereafter fail to make return agreeable to law; r od it shall be the (Tuty-of thQ Attorney General to move for judgment against such entry-taker and his securities and it : shall be lawful for the court, in tvery such case, to cause judg ement to be, entered accordingly. ; ; " v 11. And to it further enacted, I bat it shall hereatter ne the -duty of- th entry-takers to make theia returiito the-Secretary on or before the first day of December in eachnd every year. " III.; Jlndbe U further enacted, That it shall be the duty of ' the entry-takers who haveneglected to make the returns requir ed bylaw for t velve.montha past, to make returns of all entries made with them since their fast return, up to the first day of 0" lt, on or lefore the first day uf October next, under the fjenal tj of pyo huniirea duiiarSfto oe recovereu at tue en Aa set to prevent the eonreyinj of alaTeaodt of thli-State and to prtent inja- f let being done to live Mock opoa rait toada. , . 3 - Whereas from Attempts made there ia reason to apprehend facilities may be given- to slaves; by rail road conveyanee, to leave the"StateTlnd"theirbwners be Ihercby deprived oftheir services' fur-ali-aiear aUogtheri -iW rwnedy whereof, ; " Be it enacted by the General Assembly of the Slate of North Carolina, and it is hereby enacted by the authority of the same. That from and after the .passage of this act, if any agent or manager of any rail road engine or car, or any other person. shall convey or conceal on or about any raU road cndnejptJia anj negro ur iiiuiunu stave uc siavcs, me propenj ui but tuiieu or citizens of this State, without the consent, in writing, of the owner or manager of such slave or slaves previously obtained; or shall take and receive on any such rail road engine or car any such-slave or slaves, or permit or sutTer the same lobe done, with the intent and for the purpose of carrying such slave or slaves out of this State; or shall wickedly and willingly conceal or permit to be, concealed in or about any rail road engine or car, any negro or mulatto slave or slaves, who. shall or may hereafter abscond from his or their master or mistress, being citizens of this State, with the intent and for the purpose of enabling such slave or slaves to effect his, her or their escape out of this State, every such agent or manager or other person slaves, or causing or permitting the same to be done, with , the intent as aforesaid, shall be deemed to be guilty of felon v, and shall suffer death without benefit of clergy. II. Be it further enacted, That if any negro or mulatto slave or slavershalf ftfffM gine or car in this Statej without the consent or knowledge of thTmasTeFor" ot such slave or slaves, after the engine or carsnall nave left any 'depot Yit'T6int;the ageiitir tnamigw of wch il road engine er car shall forfeit and pay to the owner or owners of such slaves the sum of five hundred dollars, to be recovered by action of debt in any 01 tne courts or tnis iate navtng lunsdiction oi tire same. 1 pnrPoet." nna vrnereas tne Killing 01 cauie ami otner live siock oy ran read engines and-carsr-from. the ,negligence of -the -mansgers thereof, has become a grievance to the citizens of this State: For-remedy- of the same, Iff lip it ftrrffiPi' 0nnftflrt Tlin4 liorftftftor wtmn nnv-rnftlii ftp J.if tn 'anTfinrtian lti St nf " tfffff l.t'd. 'thft tlfll Af I' A ''T't'.'l' ''1'. i'.'t-Hf f t". t ? -wiwwwr.'T ; i otner nve hock snaiuae-mueu or oineiwi3.ejmjMjeajttjLM.efn gincs or cars running upon any rail road in this State, it shall suing spring term of , Wake 'SuperiorlTourt, oOlFcerTutcafe ot th Secretary .SUtelhauch n.-fflad An act to amend aac, paiel at the laat aanion, mtUled aa act to repeal ao , act, swateil in the fuar imm thouaand eight honilrtd and Uupty, entitled "an - aot to rviHaal part of the aecoad tection ol an aet, patted m the year one thftutarvt aiglil haodred and tu, entitled ao act to reviae the militia laai of ?--lhia State.",.'; -.'.is..7 .Jt.--i--,.. .' .' . Whereas, by the provisions of an act of the General As ' sembly, passed at the last session thereof, the oath or affima- tion of those who from religious scruples are averse to bearing "' arms is required to be taken before the company court martial; andlfjbeitig ftUBt:thatTiutny good citizpnahaveon that ceouot declined takinar the benefit intended by thelawt - lie it therefore enaced by-the General Jlismbfy of he Siate of NorJiCarolUd,-:and iljis hereby enacxed by ihe, anhoriy of - tht tameTHl it shall and may be Jawtul for the oatli or alttr ';niation, required by the before recited act to be .aken before .v theToiiipany court martial,' mtf hereafter be taken before any - justice of the peace; and the certificate of said justice shall be received amfhave the same -effect is the certificate bf the com ""'"pany 'ebuit" in the before recited 'act'; any lawi:o the contrary notwithstanding. , " An at eoneenilna; offioiaJ anil other public, bonda. Be it enacted by the General Assembly of the Stale of North Carolina, -and it u hereby enacted by the authority of the same, That front and after the fourth day of July, one thousand eight f hundred and thirty four, all oEucial and other public bonds, which are now required bv law to be taken and made payable to the Governor for the time being and his successors in office, or . to the chairman of the county court and his successors in office, or to the justices of the county, shall be taken' and. made pay , ble to the State of North Carolina wUh the like sectiritiesand rconditioos, and under the same raletr regulation and. restric Ttions as are now required by law; and that any person or per . sons, or body politic injured may and shall, at his, her, their or its costs and charges commence and prosecute a suit on said bonds in the name o the said State against the obligor or obli r4 gors in said bonds and their aecuritiesajid JgaTSlt Jthe heirs, executera and administrators of each and every one of them and of each and every one of their securities, and shall and Yroay recover all damages which he, she, they or-it may have su.tained by reason of the breach of the condition of said bonds - or asy of- them r--- i ....,.., ..A-m... acting ageni fir iu ot it shall be the duty of such justice to cause two freeholders t6be"su said justice may administer, they shall hear evidence, and upon proof of such Injury so complained of they shall a.sess-the ottBtdamaeAhybAe,iyiR stoclt haveustained,and the justice shall enter up judgment for the same against the said rail road company and issue execu tion thereon as in other cases: Provided, however, That such judgment shall be subject to the right of appeal by either party. An act more edict-ally to prohibit the trading with ilavea. Be it enacted by the General Assembly of ihe State of North Carolina, audit is hereby enacted by the authority of the same, That no person or persons shall hereafter buy of, tralfick with or receive from any slave or slaves, any mutton, cloth, cotton or wooIlen.yarn, wearing apparel, gold or silver nuiuon, unaer the same rules, regulations, restrictions, prohibitions and penal ties as are contained in the act of one thousand eight hundred and twenty six, entitled an act to prohibit the trading with slaves except in the manner herein prescribed. lLBtrit further enccted, Th&t the provisions of the before recited act shall be extended and made applicable to the arti cles mentioned in this act, in the same manner and to the same extent as if the said -articles had been contained-in thesaid recited act of one thousand eight hundred and twenty six. ' An aet to amend the law In relation to the crime of lareeny. Be it enacted by the General Assembly of the State of -North Carolina, and it is hereby enacted by the authority of the same. That hereafter when any person shall be convicted of the crime of grand larceny, he, she or they shall be infamous and de prived of his, her or their free law, in the same manner as per sons pow are who are convicted of petit larceny. An act to repeal ia part an act layioe dnlici on tatei at auction of merehandhte, paicea an me j car l us. -DHtenaettd ty iheencrat AsKmUy of the Slattvf Vorfft Carolina, and it is hereby enacted by the authority of the same. That hereafter auctioneers appointed by virtue of said act, shall not be required,- in making their return- as specified in aiJ act4o.tnak&ttt3r:rciJU or parcels by them ssld; but it shall be deemed suflicientTor auctioneers to return the gross amount of sales bythenr -made lor eacn partTCtilar pf rsnTTMr erimptmy at any on?timethe uate of each sale, thr names of the owner or owners of the mer chandize so sold, and the amount of .tax due thereon; which shall be authenticated agreeable to the provisions of said act. II. Be it further enacted, -That so mucji iJiMMni tiewwiTre as comes within, the ; meaning and purview ot tins act, be, and the same is hereby repealed; and. all clerks of courts are hereby required to frame the bonds, which auctioneers are by said act of ISIS required to enter into, agreeable to the promiona of this ct;;rrr- with'geheral powers,1 assumes, In the execu tR'tf oflilf Igewcyni Towernot- delegated, th assumption rests on the necessity of the case) and that no power in such case, can be law fully exercised, winch was not necessary to effect the object intended. Nor;would it be diilicuLfloow tkatin lLLicas(v tlic' power- An act am ting appropriMinni for carrying on and completing the Capitol In the city of Kiileigh. " Be it enacted by the General Aasetnlly of Slate of North Carolbia, and it is hereby enacted by (he authority of We tame, That theTcommissioners appointed by an act, pawed in the year of our Lord one thousand eight hundred and thirty-two, enti tled V an act making an appropriation and aDDointini commis- irs lor tne rebuilding ot the i Sioners lor the fPlllll(lin nf tln f'lnitnt in fhf. ritv fit l!aliiYh r of T inaltiritynDf thcmrBhaU have- pww absence of such provision iiiea6sai draw by warraots from the Pub lic Treasury sucliTumTr1& complete me unpitoi now oemg erected upon union Square, in the city of Raleigh; and the said warrants shall be a sufficient authmtjLtJx.tb.eub from time tor titne- so Anytni-ProvidulrT jmiLBlhfirJKLULAUj commission-i',w ol C0Ur8Ctat hi era from 4he Pb)te Treaswj, slrall trot exceed tbetfieMot -f.MeJe,Vr ycn.ty-ivVpuy.doJj A Aa act to repeal an .act, paaed at tlieliwt General Atiemlily, entrttcd lanart u Krwc one auuiuuiiai vrvcK unirici in ino couiny 01 11 uc, auu lor oilier r;romThaieTf Carolina. an,l it r W, ,,,r ,., ,,,, ;, lmw . ." -"'urlf inco, wnicn tnesec- That an act, passed at the last session of the General AsscinMyil lit u enaciea ov me uenerui Jlssen assumed by the Secretary would belong, not jo niinj1)ut to the lreasureTrw;ho, under thsj act "organizing the Treasury Department, is f expressly charged ujth the safe keeping of the public funds; for which fie. is responsible ,un tier, bond, in iJieayjpmUkw liuty' aC. -considerations bear on the question of the power of the Se cretary, I do not think it necessary to pursue' them, for the plain reason that the Secretary hasntirely. mistaken the case. - It is not case, as he scpposes, where there is no legal proTisranriu T'elationitf the safe keeping of -the public funds, butone of precisely, the op posite character, ,; : !; i " , . The IGth section expressly provides that ihe deposites shall Tie made in the bank and its branches, and of course it is nerfectlv clear that all powers which the secretary ha ' derived front the general, & inherent powers s are wholly Inapplicable to. thia case. . JJori it less clears that it the- section had terminat--' 4;Wiifc3lle) iiiOtt.:dteti'iig',:the depdaite to be made in the bank, the secretary would havefiadno more control over the subject, .inuTnm y stfanr Mliw WnaTSrTantl" it fol- ows of course that lie must derive his nowerr Tesnr otnetttd with - the nature of his office,.but froin some ex- liivsa jiiuvisiuii containcu in tne seouon, or iwrne other partof the act. 1 It ha not been attempted to be shown, that there is any such .entitled'an, act to create one additional wreck district in the county of Hyde, and fur other purpose's," be, and the same ii .hereby repealetl. II. lie it J urtter enacted, ThaTtTie RrsTrcCK tHstrict shall fattdinaybe lawful jor4hw same served on the president or any director, stockholder or MetrwartMrfromw -Al-.l . . . -"7 -.-r , cape Point; and the third district from the. cape Point to the aftercujityjiae Aaaet to regnlate th thaee-of blilin the. Superior Court! in- the- SiitV uioiat Uircuiu Be it enacted by the General AxsemU of the Slate of North under ourfrce institutions are trust powers, Carolina, and it is hereby enacted by the "autiianly of "ihe be-"r"V ?TB9Wbefffrteyfm ?lii5-bs-,permUy5ta I aUo lT" --' posing the sixth judicial circuit, shall be held 'at the following timeSrt-AiU4Ui:tu,iinl.rie :ecqnlMqndiiy in February, and the Monday preceding the last Monday in August in each and every-year; Mecklenburg !be7lhirdand fourth Mondavt in February, and the last Monday in August in every yrsr, Surry, the first Monday in March and SeptemberLVVilkes, (he second Monday In March and September; Ashe, the third Monday in March and September Burke, the fourth Monday in March and September; Yancy, the first Monday after the fourth in March and September; Macon,' the second Monday after (he fourth in Alarch and ieptemocr Hay woodVr the 4htrd-Moflday after flip fourth in March and September; Buncombe, the fourth Monday after the fourth in March and September; Rutherford, the filth Mond iy after the fourth in Marrh, and the fi(th . nd a xth Mondays after the f;urth in Sepiember Lincoln, the "sixth Monday alter the lounn in Marcji, and the seventh Monday ai ter the fourth in Seplfeir.ber; Iredell, the seveuth .Monday after the fourth in March, Bd the eighth Monday after ' the fourth ra8tpitmt,efr,w-";-'"w' - - - -. - , II. Be it further enacted, That this act shall so into opera tion from and after the first dy of August oeat; and that all laws and clauses of laws coning within the meaning and pur view of this act, be, and the same are hereby repealed; and thai all process pending in or returnable to the courts as directeif to be held by this act,when the same goes into operation, ahall be returnable to tne same as directed by tbi-t act to be ticld, and shall be as valid as returned to courts as formerly established by law. f .- CHAPTER VII. iiiart t-itthoTtte - the elerkf tf the eourti of record -of tliia State and these holding the olRce of clerk and master in equity, to act aa notaries public. Be it enacted by the General Assembly of the State of .YWA Carolina, and it is hereby enacted by the authority of the same, Tkat from and after the passage of this -act, it shall be lawful for each of the clerks of the courts of record in this state, and for the clerks and masters in equity, bow in office, orwho may Jierealter he elected or app nofariespuBIictnihe office of clerk or tlerk and master. " s Biif as notaries public, whenever the same are to be used out of their county, under the seal of the court of which they may be clerk or clerk anil master. ' r ' Iir. Beit further enacted. That their fees as notaries .shall be the same as are now. fixed by law for the Bervice of a notary public; and for services where the Jaw. fixes no fee,, they , shall not demand a larger fee than twenty cents for every, ninety . words, - . ". - -. .- - - 1 IV." Be tfrftcreicfe J, Tliafnothrng in this act shall have the effect of preventing the appointment of notaries public, in the manner now provided lor by law; and that all notaries.; so appointed, or hereafter to be so'appointed, shall still possess the authority to act as such, accortfing .to the provisions of the law now autliorising'tlieir appointment ...... An act to amend an act, paued In the year of oar ILord one Ihoownd aeien ' hundred and eight to, ent'irte ai act for giving equity jiiriwiietuMi to -ihe Superior (Jom-tat'! ao tar relatet to the Jhtbility jaf ahenffl bail, Whereas doubts have been entertained whether, by the third section of the above recited act,. the. sheriff or other officer is liable, as special bail, for failing or neglecting to take bond with two sufficient securities from the defendant in double the sum for which the defendant shall be held irr arrest r For remedy whereof, -';.- - , '. Be it enacted by the General Assembly 'of tlie Stafe of Xorlh Carolina, and U is hereby enacted by the authority of the same, That from and after the passage of this act,, when any writ shall issue from any court of Equity io this State, whereby any she riff or other.officer shall tecommandcd to take the body of any person brpersons, to answer to any suit in any of the said courts such sheriff or other officer shall not only be liable as special bail fortakiDg an insufficient bond oh exception taken and n tered the same term to which such process shall be returnable, the sheriff or other officer- having due notice thereof, but such sheriff or other officer shall also be tiable as special bail for fail ing or neglecting to take from such jperson orjpersoni, arrested by virtue-of such writ,raTond with two sufficient securities in double the sum for which such person or persons shall be arrest edt and. proceedings shall be had against him", wider the same rules, regulations and restrictions, as in such cases in actions at law j ByIay usage or custom t,o the contrary notwithstanding. ; "A The Special Order now came op. Ihe question IMrv. Clay's resolution in regard to the removal -of thei:JFttblic Dcposites- - v v .-- -i.r?ic..!'r -;trTT Mr. Calhoun then rose, and said, that (he statement of this casrTAiEht be c theiact ineor gating thJbank4m a bank or branch ot the U. State Hank, the public moneys should hed.epo4tetLtherein, unless otlie 'ordered by- the spesch or Dia-oAmoMj ' 'IN SENATK.-.----,, M'lndm, Jannun, 13, 1834. being on 'ordered by- the instance., we have kleinnnatratiw : t.. Scwetary'bf the Treasury;. a)Sl ami ii not, it tne close ei the last -Bessiotl, which placed the report to Congress, if in session, immediately; commencement of the next session. The Secretary, acting un dcr the provision of this section, has ordered the depositcs to be withheld from the Chink, an djia reported hjs reasons, in con formity to the provisions of the section. 'The Senate u now called upon to consider his reasons, in order to determine whe- . . . n . . All- i I l! thr-theSttcetafy is justified or-not. 1 bafeatwrnrdth?nr with care ana ueiioeration wiwoui uic Lnz.i?5t oiS a ar as 1 am conscious, personal or political. I have but a slight ac quajntauce .with the Secretary, a'nd. that little is not unfavora ble to him. I. stand wholly disconnected ivith the two great parties now" contending fiir ascendancy, :11 My political connex ions are with that small and denounced party which ha volun tarily wholly retired from the party strifes of (he day, with a view of savingr it possible,- the liberty-arul the Constitution of the country, in this crcat crisi of our aflaifsV.,'';-r;vrf.',.i Havths tnaireiy c the reasons of the Secretary, lam constrained to say, that he has entirely failed to nwke out his justification. At the very commencement he has placed his right to rcmovo the tlcposiles on an assumption restingTon; a misconeeptifMvtif the- casei--ln the progress of his argument he has entirely abandoiieil tlie first; and assumed anew and greatly enlarged grounil, utterly ineonsi6tent"witli- the first and equally untenable; and yet, as broad as his assumptions are, there ia an important part of ihe transaction 7whichjie does not attempt to vindicate, and to which he has not even alluded.'. 1 shall, Said Mr. Calhoun, how proceed without further remark. to make good these as sertions. 1 . r t k-The; Secretary, at the commencement of hh argument, as sumes the position that, in the absence of alt If gal" provision, he, as the head of the financial departmentad the right, in virtue of his office, to designate the ajent and place for tire safe keeping of the public depositcs.' lie then contends that the 16th section doe not restrict his power, which stands, he says, on the same ground that it did before the passing; of the act incorporating the bank.-! It is unnecessary to inquire into the correctness of the position . assumed by the Secretary; but, If it were, t would not ',be difficult to shovy that when an agent, ftfysft fightfutlrclaiffivef the denosites.-- is contained in the provision which directs that tneueposites sJiaU be made in tlie bauk, unless. . othorw-isti ordered ty-4he Secrctary-of the- Treasury; which bring8.the whole question, ia . reterence to the deposit,!, to the extsnt of the otherwise ordered." .u.ftsce?taioing ihe intention of Congresi I---lay it down as a rule, which I suppose will - 'iVofMTco'ntroWrtednKi power .a. . . . - , t . . .. . - iv uowu as a ruic, not less incontrovertible, that trust powers' are necessarily limited (un- leasrtlieTe bc- ome expressrrroyiuion to the - contrary,) fo (he subject matter and ebject of the trust. , Th'n brings us to the question whaiis the subject and object of the trust, in ' " Jim case? Tho whole section relates tode posites tff the safe and -faithful keeping of the public rundi. t "WiA thig view they are directed to be made in the bank. With the same view, and in order to increase the secu- v rity power was conferred on the Secretary -to withhold the deposites; and wilh the same view he Is directed to report his seasons for the removal,, to Congress. ? AH have one . common object-the security of the public " . funds. To this point the whole section con verges. The language of Congrt.., fulrlr und ef8tood,4lswr have telected the bank because we confide in it as a safe and faithful agent to keep the public money; out to pre vent the abuse of so important a trust, we in vest the Secretary with power to remove the deposites, with a view to their increased se- curity. ; And lest the Secretary, on his part, should abuse so important a trust rand in or der still fartherto increase that security, we direct, in case of removal, that he shall re port his reasons. It is obvious, under this went of. (ha subject, that the Secretary has no '-vighUoact;ia--;relation,to. thedepos'ites but with 5 iew to their increased sectir'ny- That lie has no right to order them to-be withheld from the batik so long as the. funds are in safe'! ty, and the bank has faithfully performed the duUertmposed in relation to them; and not " even "tTien,Tnless the deposites cin be placed in iafetand more faithful hands - - That such was the opinion of the Executive, in the first silbject of the removal of the deposites cxclu- C-IWnlW n II. A A. AM . A . ' C .t At . .. . un mo uv.-uuii vi tueir saiety; and thatiiuch was also, the opinion of the House of Representatives then, we have enuall sive proof, from the vote of thar body, that the... puouc iuhus ,in me DaiiK were sate, which wa understood at that time on all sidea h friends and foes as deciding the ' question, of ' the removal of the depositr. . , . - The exterit of the- nnwer intend pit in Via - conferred being established,1 the question now arises, has the Sccretarv transrpnilp,! it. limit? Itcan scarcely bo necessarv toarn-n truR-jHrint.-Itis-not even pretended that the " intuitu m- iusiirs wrrc in lancrer. or -thflt rh llanfeAad:30ttaittifu1lyr: performed "all the duties imposed-, on it in relation to them; nor that the bcrre,tary hal placed the money in a safer or in more fauhful hands.' Su-far ntherwiHe, tiiiire i not a man who hears me. who imI K)t;adm!ts that the public moneva are jiow less safe than they Were in the Bank of the United States. And I. will venture to assert, that not a capitalist cm be found who would not. ak a coniideraWy higher per centage tdinsiire thetnin their present, than in the plac'e of deposits designated by law. If these vie are correct, and I hold them to bo unquestionable, the question decided, The Secretary has no right to withhold the f1svAaliiia r.....M 4l.M T .. 1. Tl ' l uvpin.iii me uaiiK. -.incre nas ui'pn and ean be, but one argnment advanced r.l.HM Mvt i.'lAA -. I . ...I .-L t .. i'""1 " won ii nas even the ap- pearance of being tenable; that the power to withhold Is gi ven in geueral terms, nud w ith out qualification, "unless the Secretary ether wise direct." Those who resort to t'.is ar gument must assume (he t(".iit'p'i-C'tttbtt m
The North-Carolina Star (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 13, 1834, edition 1
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