Newspapers / The People’s Press and … / Jan. 7, 1835, edition 1 / Page 1
Part of The People’s Press and Wilmington Advertiser / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
PaiblUhed eerf Wednesday Morning, TIIOI.IS Z.OU1JVG. Three Dollar j ppr axnl'M, in advasct j'. j -I ADl'BliTlSRMKHS ' if1: 1 . tot exceeding a' Hjviar inserted at 'ONE POJLAH (trstjad TVVENtV:,FIVE; CNfa for each Jil quent insertion. .V; iR ,'.;.; i?''. ' : '.'.-.": ' , '. ..yi iiK'- h.'nd alt who Dermit thtiir suhsftrintlon tn mfover year, withput giving notice, are consslcred -'"Iwundr for the pcccnlicl car, and so.ou for suc cceding years. V . !.! -. ' ' - v , ! . . Yearjy advertisers will ngree to pp SIO inRrJwfT"VYr V allowed 30 ner cent. 'Hi script: on :all over thatCsum, iuu that sum j incliHledj-fco as fcnt to rctluca tlieiryf!arly LjH -belotf 10. ' ' COrOFFlCE jn th jitb We of Market reet, be low Clie Court IftwAI L ' - ' - '-if it V' ; a -.T .i . ,),. j-j. .,.;: :;; ;.;:-:(..', ,-- V "I- 1 'I. V'' . r COUljESPOMtJETNCE y, . OS THE PROTESTED DEAF ' J ! . : ,y;7Or of the United Stiztf . :. 'v' ;'-LV Nor, 28th, 1834. '' Sir. : Your favor of the 13th Julylast, reached the bank during my absenceand . finding on my return, that rhy lettert ad dressed to you at Washington, rhad feen pupiishea in tne newspapers oi iasn)me, it seemed useless io protbng a di?cuiion , which Cpuld only inflame the passio$j of the; country Jtf tlhje! ml ds of -its.; ftlejns . I have, therefore, jfarbatnetoansjr j)ur letter until the time had' passed for the r e- petition. , of a similar a ppeal from ih'e laws. I have the honor to be. Very respectfully yours, (Signed) N. BIDDLE, Pres't Hon. Ivi Vo6dbuns. Secretary of the Treas Jr;" ashiflgton, D". C. ir y : i propnatiori; and becausepf just; noT)fanc of tlie Government lexceft Congress, ha Trdpsury Department, December i 1 Ith, 1834. J Sir : Your communication of the 23th No Subscribers talccn for less than on 6 fsarUn acknowledging the receint of mv let ter of the 13th of uly last,-relative to.the detention of : the public dividends byi the Bank of th 0. S. was duly received. . After a silence of "more than four month? coupled with tKe hostile position the Bank hadPassumedi it was swpposed that jy'oii dioTnot contemplate entering-'1 into further correspondence in Tespect to this subject, and especially was it supposed that a cor respondence would hot be resumed, with an avowed view to any explanations . o r rjevv ;arrangements, at so Iat? a I period, that your communication eould, not reach this Department till the day previous to thatjsession cf Congress tp Iwhich you had. been early apprized a report would be made on the Avhole of the proceedings of the Bank in this extraordinary transac tion -:'' ' ' . :V ' . . j "Presuming 'therefore that! the Bank ou'sht to have felt all the reluctance ex pressed in your letter, "to prolong a dis- had any constitutional power to authorize, its payment.1, : i . , ,4 .' ; , Thereupon- the Bank, i n stead of "resort in g t o Co n g ress fo r that sa n cti on, proceed ed without any legal precept, to seize on the dividends belonging- to theiU. Stales, and to convert them to i's private use. The vital error of the Bank on thw sub ject, appears to have been intsupposing that the Treasurj' and its accomptii; of ficers ;were aiiy thing but - mere agejfts of Congress to superintend the. settlemeit of what has been appropriated. If pnVhe solicitation of the Bank, or ai?y,indiiuial however powerful, they allowed of setiod any thing else jhauj' ' what had been sapc tioned by an appropriatiunit would mahi festlv be conniving at peculation orta misapplication of the public money. It must bewel knowti'to tne Bank, that the first to The whole ca$e appears to? be cxceid ingly simple. There is a difference k)f opinion betweerj the Treasury and jhe Bank about the: damages oh a bill of Ex change. This Jsr la fnatterj of accojnt which depends on the existing laws, aid the acts of Congress provide specificUly before what tribunal anoin what niin'4'r, the xjuestion mustj be tried. Tiius by tie act lof tbe3d of! jviarch I7d7 it is pr6ri-itieflj-tfaat sir any person acdjnritabie tor rutiHc monev, fails to rmy it, "it Vhallbe the residue of ithe public debtj was with held by the Bank, and was not offered to -be, restored till after the- termination of a suit, probably protracted1 for many yea rst After committing that aggression, and still withholding in its possession the md ney of the United States, the Bank then, and not till then, "invited" this Depart ment to bring the subject of the damages in some way. beforehe courts, and thus indirectly to sanction the appeal of the Bank from tfie authority of Congress o ver this matter, and to acquiesce, till ad justed by litigation in the Bank's unpre cedented and ruinous course as to the public revenue- a course ir volving a principle which, under all the circumstan ces of this xrasej if once adopted might dis organize Ourvrhole collections; by the sei zure of thenv without legal precept; under. one pretence or another, and as previous ly explained, place even our! disburse- st and proper inquiry at the Tfeasuryk.raentSi so fhr as the public funds consist every applicant is, ; where is the appro-1 of United States Bank notes, kt the sole. pnation to pay tne claim. f Ana next, .where is the evidence of its correctness the duty uf the 1 ' . i. Hereby, required "X 5' Comptrol ef , va n'd lie i3 to' institute suit for f he recovery of the same," and in such a wit 1 ; no ciaim ior a creuu snail oe aamneu tipon trial, but jsuoih as shall appear to havej been presented to the Accoumng nation and by them disallowed in wfole or in' part." i The Bank has accbrditjly presented' ttf ;.;ajr W. for damageswlch -has been disaUowby. i It has ;fnenrein (?d a sufficient r.brtiit of puDlic monej for thej purpose, ancf inyitedv a :suit by the Treasury so as to bring the subject before the court. It did this and so stated it "as f tlielbesHf not tlietonly mode" oifettiihg the- question. -Btit. as the, moirey- f.seif was an object rtfjindilferenpe to the Bink, jKWch ' so'ngHt only to vipdiciate its. own tights,! and thejretaining jt was. a5 nere orm, to comply jwith the act of Congress, the Bank at tliejfame time requested from !J the Secretary tp ! know, whetlier there was ' anv otnerLmoae coi omitting tne srjjhts bf the respective parties to the iudiciai tri- cussion" on that transaction, which it can not but be admitted, from its unprecedent ed and nnjusti finable character, was wejl calculated to "inflarpeithe passions of the country,"- and; that this xrircumsianee might have led to the postponement of a reply till after "the" elections"! yet no rea son is assigned in your explanation. What ever may.be the reason conjectured by o: thers, for the failure to forward that rephr immemateiy auer tne popular eieciions had terminated, and in season for. a suita ble examination of its contents before Con- gre'ss -coiiejnra. ,: ' i ' ir i'.'- But it 'would be unjust to tlie Bank not to return thanks for the very 'considerate sentiiueht expressed in your apolpgy " for the first delay a wish not "to prolong a discussion hich would only inflame the passions of the country, in the' midst of its elections." This-Department regrets that so powerful a: corporation- though per: haps unable to restrain, and therefore not so re?fonsibleJor the harangues of some of its advocated on whatever "days, places or Of easions !-had not, in its own resolu tions, reports of committees, and essays a pamphlets published by: its President. m!1 trt n vtp Ho rniise to be rirenared and ; ' " - - " . IT - I : :-, under the appiropiiation ? It eems rath er prtreaann die to insis!,,that th.1 Treasu try bossesses almost unlimited povv;' when the Bank wants fajrors but to deny to it almost all povrer when apprehending dan gers from jit. :. 1 -a Besides jalli the decisive reasons against the rprehl-nsible con-Juct of the .Bank in this, transaction, which are contained in the late message of the Preside nt, and iu the opinion-of the Attorney General, the Bank', if it possesses, as has been intimat ed, another eoiiti ovjeited claim against the XJmted States, for the removal of the pub Tic deposites;,i might, on this principle,' in order to discrnarge it. or atone lor any o ther pretended wrong,' iot only refuseto pay over thedividends, but refuse, to (he amount claimed, he payment of its notes or bills received by the' Treasury for thev public revenue,! and when this considera tion: is weighed, it will readily be seen that the whole ! operations of the Govern ment, in war -and iii peace, while by law, I the. notes of the Bank must be received for tne public revenue,, arc? iable, at the pleasure of the Bank, to be'paralvzcd, and the. public faithythe;reby violated. Aiter these 6bjeCtions, and when the cojnmon, t he-equitable, and constitutional trilunal of Congress was, and still is, for theiBank, as for a)l other claims against theporerinent, similarly situated, open for a Wsot to; wbtain damages rit is la menie thntlthe Bank was so inconsider- mercy of an irritated and unscrupulous corporation. But this the Lpepartment could noti,sanctionhoweverirgently "in vited," wjlhout proving faithless to every principle of public duty and ppblic safe ty. Lat as even that invit-itio;n, it is re markable that your letters expressed no thing about the money itself "beiu2 an expectation will ever be realized, others j TreajurV. but into the vrnlts cftheBankv must ceciae: out tue inirenuonsness in stating beforehand to the! opposite party what is tb Ue proved against him. ? should not pass without due commendation, tbo it is regretted, that under all the. circum stances; a, Suspicion it may be an unjust one has' arisen, that , the statement Hra3 made rather Vith a view to be immedi ately laid bfcfore the , Community by the Bank, either to "inflame the passions" or to forestall; public" opinion on those points before a reply, was received from this Ij partmentVr V '. ' '. '. :'. ..!"'V ' ; In laying down the first position wjiich the Bault asserts it SvilI always be rea dy to prove,"; Mz: " that the Bill of Ex change ! on the Frendti Government, -was drawn without the 'slightest authority whatever from4 that i Government," it is feared that jthejreal of . the Bank to vindi dicate a foreign Government, has led you to overlook: the treaty, ip i which that Go-vernment-expressly stipulates to pay 'nhe sum of twenty-five millions, of francs, at Pali's, in six annual instalments, of four millions one hundred, and ixty-six thou sand, .six hundred and sixty -six francs and sixty-six., centimes each into the hand of such person or persons as shall be aut horized by the Government of the United States to receive' it" The Bank object of indifference to the Bank,"' or appears, moreover, to have forgotten the that it "would lastantly have released the !,money in. any arrangement l writn tne treasury to bring the case before the courts." On the contrary, thoug;.. : some., persons may for some time have appre hended from certain circumstances, that money. was "an object of indifference to the Bank" in comparisorv with some Other. objects, yet it is difficult to discover, what rights" the Bank then sought to "vindicate.'' except its . rights to the mo ney, and why ,i;t should be so t enacious of "its rights to the monev, and so indiffer ent to the tr.opey itself, your cor respondence. at that lime," the money ap pears to baye jbeen withheld with the S press view to force the Dvjpa rtment into a consent to pay the. controverted dama-. ges claimed, jwithoit any .sanction by Congress, or into ,. some arrargemevit to submit to the judiciary for decision, a question which, under the constiuitio'n and "the circumstances of the case, -belongs to Congress alone, and-after that 1 decision, and furt tTlj then, if Unfavorable, to make a restoration of the dividends the Bank had so Unexpectedly seized in dt rotation of the laws It was not' "until written authority, under ' seal jrom the President of the United States! which ac companied the bill, and empowered the holder, as the person designated under the treaty and1 in pursuance of it, to re1 ceive the money, which had then become honestly clue from the French Govern unit, and should nbtwithstandhig your apollogy, have been promptly paid, accor ding to every principle of national good faittrr' In your ardent defence of a foreign countrv, for a neok-ct'to jfulfil. its 'treaties. and attack upon a" Department of your own, for acting without the slightest au thority whatever,"). it also seems to have escaped notice, that the Treasury t acted, not on'lv under the authority before-named, from Fj-anoe, of a solemn stipula tion to make the Tjavment toanv "ner- L - , - - or, which is Tirtaally the jawe. a re to son- ply the place of the great amount bl pno- lie revenue theBan has already on this account seized and withheld: - But Notwithstanding' this,T.if nor of nt any other period ther Bank, shallos al-v leged, le ftady to prove5 thai "the money wa s paid by th'e r agents;, of the Bank to save the credit of the, Treasury," the fa- v xot will h fheerfaHy 'acknowleclged by thi Depaii4ent, as an thaterent no ..rignf. in ihe Bank to the aggra vbteU damages; claimed against the Treasury, and xrhich . . has led to the outrage of scztng cn the public dividends. coi!d well be pretended- : to j?xs ' It is ." hoped, as yem profess to consider that nheirlaira of damages by ; the Bank was an,, indispensable art bf du- J, ty," vbtji Will also not hesitate to prKrm ' a nother equal 1 y . 'i nd ispensabl e act - j ty," by furnishing as earlas practicable, the evidence to nroVe the point jnst ..; tiohed ; since, if such evidence is fiirn.ish- -ed. not only should the arrrrrarvnted d nas- es be relinquished, but th condQct'of those agents and of the Bank in that particular oe nuiy appreciated. ... ... j. . - lu that event, they of -coin je did net , pay the money for the credit of the Treasu- ! ry for the purpose of exactinc from U, on account of the professed favor, the large const rjict i ve , da ma ?es of $ 1 50.C.P.0 ol 1 70, - 009. but it ihust.be presumed tbey paid it ; with a view to -save the 1 rrasury frjirri exposure lo such a claim by feme foteipi. . er who mt"hl b; heartless or sordid, and whose pecuniary profit being alon con cerned, might be so destitute of rV.rbfjV . . - . . ... - . ' hilt-not nnluln nrrttpsffl abrnad hd .m'-': "&k - -- r i . . I tTie-'credit of the Treasury"' to suffv-r jia as to ha' ve it returned home protested, but- ' who niiaht thereupon immediately m ike ' . a demand on the Treasury beyond the 'j actual damages and;. costs sustained, ar.d ! even for .great and it may be propwxlyadd- ! ed, penal damages', and to -pursue this de-. ; . mand in so inexorable a spirit as not. to . wait for the d"cis'i)M of 0)iigres. unon it, but without legal precept or anj previo'ls 7 . notice of his d'-si-rn, to seize u port a lnrge . l" i yt i 1 ! 1 1 ..1 H sons" "authjorped by the Government -of ; amount. of the public revenue,- fo- ihe. j.-ur-the United States and thai'the holders pq'st- of dicharginsr it. ; - ' i of this bill w.-5re so specially authorized j In relaiion to ymif third hnd of prnhf, bv this Department and the President: "fWat.of'ihV money ?; pnid bv thri Bi-r k. - r i bubals .more acceptable" td v him and - v- - Would instantly have reteasecj the money lit. 5. 'rm'nnv nrrnnrrprrtenf tuitb thpiTrnnr-iT tr . . ?i .1 - jri . It J. V.i: J m oring me case peiore ine courib. ; . J--rnu; : i t ; ' There is a still rnore summary process obtaining a decision.- By the art' of iJress oi may i&tn, usxv. it the pub lic mone'ne withheld, the first comkroNl icr ui iuei i reasury can issue a warrant of distress against the party , in default, who may then anneal to the Courts oJ the v i;U, 1 States. ;:'" : ; i!-..: it-iy,::- : , ' I ":J- Either of these courses is open tovihe ; i Executive. If jit hboses neither the i i Bank; having don its duty,. is content.- : l Before the proper, tribunal; the Bank will always be ready to prove, - r f . i 1 ! ! UThat the ! bil I of e x c h a n re o n t h p lif ' French Government was drawn without if the slightest authority whatever from that government to draw it. " j v cftv'-ulated such documents and papers as f may communicate to4he people informa tion tn regard to the, nature j and opera-' tions of the Bank" -earlier used -a little more effort .to 'prpxiice the same foibear ance from "attempting to. inflame, the past sions of. tlie conntrj." How fitly the Bank can, howbec6me the censor of the President or this Department for also communicating to "the people information on the nat.ure and operations of the Bank," and that information consisting only' of omcia.t correspondence on noui siaes must be left to others to decide. . : , ; ; Your last letter haying at length beeSi received, and ; baying, as appears, been already sent to the newspapers' by the Bant,' without waiting for a reply, and be fore one, in the great pressure of business at this season, could be expected. its con tents in some particulars are found to be so very ; extraordinary in their 'tone. in their. allusions and assertions,' that unplea sant as the task is, this Department has, under all the circumstances, felt constrain ed Co submit such remarks in relation to them as are deemed appropriate; and as seem .imperatively to be required. The Bank may therefore, sir. Test assuredthat hojigh your letter armed so late; as to prevent the submission of it to the Presi 'dent before preparing bis annual message, or to the Attorney General before his o- pinion was requested on the case, arid as ' : ill ' 2, That the Btiiik proposed to the'Trea- jsury to collectUHe j money as its agent; and not to pay it Until if Uvas received from v-x ranee,! thus avoiding the verv enihar- rassment whkh has occurred f; butl fliisi the; Treasury. declinecf; anf requested die immediate payment; by the JJank as pur chaser. ; .j"' i .".-.! ; :' : " v ' 3. That of the money so 'paid by the Bank, the whole was immediately appro priated by the Treasury, and a part used - .in the carrent expenses of the Govern! ment. '"', ;" '. '.!'.!." .'V :iy ''.! -:.-V-JL. v 4. That, when the bill was ru-otesJ in ;.ratisjwas' paid by the.agents of the Bank,! tolsav the credit of the Treasure. tho 'rl s CtsTktSSbvthW ri VV act of dutyj ast'th alone.;-wolild'rena- t ble the Treasury to claim damagesfrom .: H the Frerich Government which, if the i 1 ., TfMsnrv hrf !ntr rinh in A-.i, ''.v -ll j'l'f 4 " ' " V "O ",.MI.J Wf ul till, ('' V ' s :tvras 'as mudh due o's the nrincinal " J ; i That the j, universal and inflexible rr p tule of the Treasury isto male ieyery U.;;.v one pay damages - and as; it had required !l of the Stockholders of the Bank U ay Hi il 'niageswhei ,heir bills soljS- the I l( lp: Treasury have been protested, so'should "VW.PJ uges io inose Stockhold liif T?, when they In turn have bdufrht a Kill atejly ajlvised as to appeal to this other course, so noi, "dangerous, ana unneces sary, seizing rtpon the public revenue, as being in your opinion "the best, if not the only course of settling the question." You sate" further, that this has been done bv the Bank only ! "to vindicate-its own rights," when no case is believed tn exist where a person not; receiving money 'as an officer cr contractor of the. Government, or monjr 'not.previiously . granted by Con gress unoiir some special ox general ap propriation, (in which mode-the Bank did not receive these dividends) has ever been able to "vindicate") his sj)posed "rlghU," by retaining the monryto tnett any claims, howevtjr well founded asrainst the, Gov ernment ; and when, application by the Bank jo r relief1 in this case, had never been presented, to 'Congress,, and refused, so as ti) furnish the slightest-apology for being (JbligedL in order to procure redress,! to. resort to this uriusdal remedy; But if tlie views of tfie Department on this proceed ingi be) erroneous, much gra- tmcalMn wouilu be derived irom navinjr the paiticular act and clause quoted by the BaikH on which it relies in making the asiert'onjthat j"the retaining of this money! was a mere form to comply with the act; of Congress. ' This Department has not been so fortunate as to qiscov er, any statute, ana mucn less tue one cited, if March 3d, 1707, which requires of a claimant against , the Government, io ui pnve iiif unuersigneu lruiu unci uijj t tnat tie should, in a controverted case. any due comment on it m his report to sejZQ ls property j in ifi V lrotn th&- Treasury; -which becomes prb- ' vi ' Ais will be madernanifeWnherie ! Tr Treastfry . resorts to jh proper i ' l V1 tribunal. . Until then, it 3eems -chiusl to N ) preiudgethe question;:und qu lie "fruitless Y to discuss it i. . ' ' ' -i sr.-; jh f-'-r :-Vf.-i--1-'-'-''--ji?'.' -k-: ... Conaress concerning this subject, yet, in relation to the affai rsf of which it treats, an "appeal frona the law's" has never, ayou appear" to intimate, been made by this De partment, nor is orte) in contempldtion, Any such 'appeal' is left to those who, without the sanction of : an appropriation by Congress, or without a legal precept, seize liptHi the public property, and con vert it to tneir private emolument. But, after a violation of the irights of the U. States,;and adi Version of its revenue frorri the Treasury arid the public service, into the vaults of the Banki . if the latter ex pects that the Chief Executive Magistrate f the. Union order "to comply with the act of ; Cong ress nor any sta tute which authorizes, recognises, or 'pal liate such a seizure; in order to , force the Government iritq a law suit, and thus. throigh the agency of the 'judiciary, at ternjt to effect the payment of doubt- bv this Department and the President but that Congress had previously empow ered and .required, ihe Secretary of the Treasury, bt the act of J'uly VSih, 1332, at of i U' money , sr pid bv thr i B;- k. the whole was immediat lyjapp-oV :,a edby the Treasury, and a pijrt used, in thc.:r n nt expenses of the iiovernmenf. it "to rause this mopy id' be. received fi om gi' -s tne pleasure -to aLeutpt, a correction the French ''Government a:Vd transferred i thus early of these -niisanntt-hensions.:.. r the tirne had bassed- foir the repetition of I to the Unjt.-d State?, in such, manner as t This Denartment' has.. in the re? er's a similar appeal frornl the lalvs" by the he may deem best." If notwithstanding. Venl here monthly bv the -direction of the. Bank, to cover us other intimated claim 1 all this. mifortuuateiy for, your own conn-1 President of the Batik, statemc nts u Vizh ' for damages, on account of 'the removal' try, the Bank should ber able' to suuport showthat the amount standinn- to th- tvdt- of the dposites, with any probible hope! the positiop, -that "the bill- was. drawn fit fi the. public in the Bank, v.;iih.o.C of public approbation in. favor of its new without . the slightj'St .authority from course t incLudes its branches, wsj dt no. mode of aiding the fiscal -operations of the r ranee,, you certainly 'will .-deserve her time-alter the purchase of thr French r ' J .' :m i .r. ,i i. I J ' f - .1... .U.. n-n '.i ...i r .vjiuvtrriiiaeijif aivi nu'. mi iuuer -iiiose e- lectious" -to -which Vou refer, may, in your nniniion o c armin-ituil on unfrnnclr ' . irf 1 l rr : t n Vi clio rmc !i n noil rJ XTfr . J All iUllT 1 J t V k l.lill''lUll II O VliOU :il VU." - fl J itlV WiJ- IJ..-.l-JJV- V i -'-V acktwwledg-.ements-.for .the aid-. thus ren- ( Billon'the 1 1th ofFebntary. 1833, until to its; hopes, that the Bank p'erfect "in difference'' about tj'je Jnoney, and a willingness to release it arrangement was etTected .C-Jx law. jirofessed a m case an a suit at ger to discharge ; because, if France Virs not liable, under all the circumstances, to'J it in that form, it is difficult to disco ver how she is liable to pay, it in an forjn. It is to be regretted, tfu How a suit could' still proceed,, and fessions of regard for or repaid, further ex- fu! claims;! to which no money has. been appropriated, nor legislative sanction giv en. ) The proposition of the Bank to mals some arrangement to have 4his question broughaAbefore the Courts," and 4he cssuranctpow ' given, tha, in sucli event, it ."wcWl immediatelv have released the montll vould have deser- l the United States, and is. ved much more the money be ! first released must be left to the Ban lc fori planatien, as it is incomprehensible to this Dencirtmoat, unless eflected through some fifptious case, to; be iag'reed on, in order to deprive Congress of its constitu tional power oyer appropriations to set tle contested claims, against the United States, and ivhich " agreement voumay rest assured, that this Departrhent hasas little inclinatiob as it lias legitimate pow er to make: -; " i v-, It may be proper then'to state further and distinctly, that the gubmjssio'n of the whole case to the "wisdom and authority of Congress, appears to the Treasury to be trie, only jsuitah-le coursenxl that it can not enter into j any 'arfan zement in rela tion to the subject, ef : ft f ) receive, as Requested in its ci 1 itioh to the Bank in July last, " :: 'Mds due to the United States, MpcL w lithe Bank as is doue with other clairnahts in simi lar cases, to the justice of Congress for change be von d the actnal expenses and costs- incurred. The ac krio wl edgm ent s of this Department should not he omitted for your kindness inointingout more than one modeithat might be pursued in the Courts of law against the Bank, but as the advice of an opposingparty is not always safest, and as Congress is rompe; tent to rive directions upon' the . claim of ered the ib. in your pro- the credit of the Treasurv." knowinir then as now what its authority was. for drawing the bill, you did not refuse entirely to take it, as the Bank must, have "foreseen and believed, that the money would not probably be paid on an instrument if drawn1 "without the formal return, of the money; 'trt thr!? -Bank on the 18th of May. "1833 ie?s than r 8 millions of dollars. That of this, at no time, was less thanifour millions h A jh ' ; the Bank and, its branches, to thtj credit ! of' the Treasurer, subject to draft for anv, purpose, arid that thp residue w:! i i oit- ed on account of tiie. public debt, ahd of the public collecting and disbursing effi-c-e'rts. .So that whatever spin of - money ' in-v have been- 'appropriated! by the f rv- ' f sury' or "us4d" ljetween those period. Estill left in tlie vaults' of the Bank aod ir , its use, standing to the credit of the Treu the slightest authority," and "that the af-, surer, at the times of all your intervt-ning . fair would probably end in a claim by it J returns, a sum from three to four millions r toi? iare damaires. L Were it not tor tne solicitude, since) ' expressed by. the Bank, to accommodate the Treasurv. and the "indifference" the Bank, now professes x'as to the money r" it might be inferred b'ysome, that possessinsr the. before men- beyond the amount ofi the bill, or irom. sthre to font titries more than thw amount" which you had in fbrm'bnlyi paid to th; Treasury, or pass ta its credit, in trust for the numerous sufferers by French spolia tions. And no nart of- the'sum received j - - - , j r tioned opinions, and pursuing the before ioti the hill was ever so .appropriated" or mentioned course, u must nave meu;iaten . "nseu cy tne treasury as to be carnetl originally a speculations? to the protest ! into it by warrbnt,; or it. could not until and expected damages. What seems at' first rather, inexplicable. is that the Bank,! knowing, and beingl ready to prove that this .Department drew the bill yithoutthe slightest authority, and hence could not require France to pay any damages, ifthe bills was protest ed should vet insist, that the claim- of damages by the Bank, yas "an, ilidispen . ortheSecretary.oftheTrearJcorifirteDcP had thiFsura survv will be silent, and nbt communicate j promptly given,' ahl bat a eariy uuu.nui imormanou cuucernuig tue outrage? to tfhe People artdtheir Repre sentativesand that those public officers are to be deterred from this discharge -of a solemn duty, because the Bank enter tains an opinion, that such a course is an appeal from the laws you .have yet to learn that both the character bf that Chief Magistrate, and the obligations of cfuty en tertained by this Department, have; been greatly misapprehehdeldJ ' 1 ; . Tn riror.eedirifr tn the other contents of vou r fetter, it, is conceded with vou, "that preserved nerfect silence, and theDepart me wnoie case appears exceeamgiy sim- j ment ana icngress iiiiviug tuus wen iui ple." The Bank sefs.up a claim against led into security. till after the adjourn- ntion and stronger surance been more micable dispo sition, ow man ifesl'i, been earlier evin ced by the Bank, it!having at least re quested such an arrargernent before the dividends vere withheld. Before cqm raitting that aggression f he Bank was not pleased even to notify the Treasury, that it Yished the question of damage set tled by litigation.i and jit communicated nctth llighiest intimation of a desire to make axy "arrangement with the Treasu ry to brin the case before the Courts" iBut the iBank having on these .points, the United States.. Itv.is presented and disallowed by, the accounting officers; Jbe cause considered a itself neither equita ble nor lesaffbecause it had never receive e4 tbssanetion'of the U. States bv 'an ap- ment of the latter, then suddenly, and without Drevious notice, a portion of the accruing revenue estimated and expected which had mst been made," and to pay '; '.':- i- ' !! ; ' t ' proper tribunal for adjusting the claim of the Bank, your 'benevolent suggestions will, it is feared, prove unavailing: espe cially, smce the summary! process to wnicn you now aimoe, oesiae peing o pen to other objections, is in express terms an'd by a decision of the Courts ap plicable to the case only of debtors, who unlike the Bank in this instance, obtain possession, of the public mo iey, in their capacity of officers. What may be the design now, in; making, "for obtaining a decision," a jpro posit ion, !iich would doubtless fail if accepted, is best ltnown to yourself and such "distinguished" coun sel of the Bank as you citejto th' is De partment, in. your other published letter of the 26th ' alt It niust be admitted, that the Bank.in the next place, eyinces a great frankness in proceeding to dis close, under five separate specifications to aid m meeting tne large appropriations wnai u expects to prove on riai. vv a ther there is jmucn likelihood that this sible act oi jdutyv to enable the Treasury to claim damages of the French Govern ment." This great kindnessv towards the Government of youT own country, unin vited and voluntarily to seize onjts rcv'i inue, and attempt to plunge it into a Jaw suit at home, and a controversy abfoad, lo enable it to obtain laVfredamaeea' of another country, which it must, if obtain- ! ed immediately pay over to the B'ank,v, certainly deserves all due acknowledge ment. Jn fine, while the Bank 'is' profes sing to give all this friendly advice for the benefit ofthe Treasurv, and to feel itself "a great indifference about the mo ney," its regard for the Treasury, npon this pa rticufar subject se,ems, when strip ped of all blandishments, to consist in ur ging the Governrhenino demand, and to hazard a new quarrel with France to ob tain large and vindictive damages, by as serting that they are as much due "as the principal," whenj in fact the United States are. entitled; frpm '.France, to . only the reasonable and actuaP damages sus tained, and when targe and vindictive ones are to be sought in behalf not of the Treasury, but of the jdisinterested institu tion whichis urging this indefensible measure ; ,and -when if such .aggravated damages are obtairieji, they are ' expected j to go. at orice, and exclusively, cot into the Congress should have passed a new 'iuv, Iiave refunded, as it did. the whole a- , mount, the moment notice was giv-n of' the protest of tle.biH;- ; ' " - -,";j In regard tothe practicejurhich rAU cite of this. Department in charging damagef" . on ordinary, bills of exchange;- bcfijla o.f individuals ' who sustain.no official fela tions with the Government: and who ne glect to provide funds abroad ' to meet those bills and to pay punctually ourcredi t'ors and officers in a, foreign country.fr !. hardly necessary here to'show the differ- ence between" the two cases,, in both form and substance, lafter the. .preceding re- -.4 m r ttg o n rl ftjr trio vimra r r -i . A 2-' " S t the first opinion bf the Attorney Generally published, with the Jate annual report front this" Department. Still ftis is it'neces ' ; sary to show further, that in-none "of hose caset probably did the. idea evcrtnterjn to the imagination of the officers of Ithe t', Government, that they ought, irrordeir, t ' - ooiain me uamages que ana onen actual- , , I.. : . . 4m ! " - 1 y accruing iu me juujimouni recetveu L-'i'.-on prblbsed bills, to resort, without eithejf -f'i : -notice, lawful pnices, or a prevwns adU--. " , - . uivaiion, id n seizure oi me." ptoperiv or i dues of the individuals who ieaadUl;V them. ' As in cnclnioV.yo-igive sury' ; ance that "alF-ybur allegafions made manifest- vyhieye'r th'e Treas ufy f - partment takes the libcrtv -to renew the' expressions of it3 binmns, ifiat'it 'Lasre!r; sorted already to, t$prortrribunal, :rvjtvi the first "intance,-b'y, .ssbinittmg tb,it'ljoI.; ; -v transaction to the cpnsidenuicti i "gr3ss: trl-jert ; :yoa".- ttJlloubtreVSll-- -S dulged with, an opportunity.nif de-i . make all Von t- charces 1 ,1r r J c --'r ..--.f' i -
The People’s Press and Wilmington Advertiser
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 7, 1835, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75