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Any directors of the bank, therefore, who might be delegated powers to its president, may hereafter be disappointed by the Government, would be required to re- pensed with, without incurring the danger of exposing port to the Executive as fully as the late directors have its proceeding to the public view. The sentinels which done, and more frequently, because the danger is more the law liad placed at its board can no longer appear there. imminent: and it would be my duty to require of them a Justice to myself, and to the faithful officers by whom the full detail of every part of the proceedings of the corpo- public has been so well and so honorably served without ration, or any of its officers, in order that I might be ena- compensation or reward, during the last year, has requirbled to decide whether I should exercise the power of ed of me this full and frank exposition of my motives for ordering a scire facias, which is reserved to the President nominating them again after their rejection by the Senate. by the charter, or adopt such other lawful measures as the I repeat, that I do not question the right of the Senate to interests of the country might require. It is too obvious confirm or reject at their pleasure; and if there had been to be doubted, that the misconduct of the corporation any reason to suppose that the rejection, in this case, had would never have been brought to light by the aid of a not been produced by the causes to which I have altri. public proceeding at the board of directors.
buted it, or if my views of their duties, and the present The board, when called on by the Government directo importance of their rigid performance, were other than ors, refused to institute an inquiry or require an account, they are, I should have cheerfully acquiesced, and atand the mode adopted by the later was the only one by templed to find others who would accept the unenviable which the object could be attained. It would be absurd trust. But I cannot consent to appoint directors of the to admit the right of the Government directors to give bank to be the subservient instruments, or silent spectainformation, and at the same time deny the means of ob- tors, of its abuses and corruptions, nor can I ask honoralaining it. It would be but another mode of enabling the ble men to undertake the thankless duty, with the cerbank to conceal its proceedings, and practise with impu- tain prospect of being rebuked by the Senate for its nity its corruptions. In the mode of obtaining the infor- faithful performance in pursuance of the lawful directions mation, therefore, and in their efforts to put an end to of the Executive. the abuses disclosed, as well as in reporting them, the I repeat, that I do not claim a right to inquire into, or conduct of the late directors was judicious and praise officially to censure, the acts of the Senate. But the site worthy, and the honesty, firmness, and intelligence, wbich uation in which the important interests of the American they have displayed, entitle them, in my opinion, to the people vested in the Bank of the United States, and af gratitude of the country,
fected by its arrangement, must necessarily be left by the But if I do not mistake the principles on which the rejection of the gentlemen now renominated, has made it Senate have recently rejected them, the conduct which I my duty to give this explanation to the Senate, and subdeem worthy of praise they (reat as a breach of duty; mit the matter to their reconsideration. If it shall be and, in their judgment, the measures which they took to determined by the Senate that all channels of information obtain the information, and their efforts to put an end to in relation to the corrupt proceedings of this dangerous the practices disclosed, and the reports they have made corporation shall be cut off, and the Government and to the Executive, although true in all their parts, are re-country left exposed to its unrestrained machinations garded as an offence, and supposed to require some deci- against ihe purity of the press and public liberiy, I shall, sive mark of strong disapprobation.
after having made this effort to avert so great an evil, rest If the views of the Senate be such as I have supposed, for the justification of my official course, with respectful the difficulty of sending to the Senate any other names confidence, on the judgment of the American people. than those of the late directors will be at once apparent. In conclusion, it is proper I should inform the Senate I cannot consent to place before the Senate the name of that there is now no Government director appointed for any one who is not prepared, with firmness and honesty, the present year, Mr. Bayard, who was nominated and to discharge the duties of a public director in the manner confirmed by the Senate, having refused to accept that they were fulfilled by those whom the Senate have refus appointment.
ANDREW JACKSON. ed io confirm. If, for performing a duty lawfully required of them by the Executive, they are to be punished by
WASHINGTON, April 14, 1833. the subsequent rejection of the Senate, it would not only GENTLEMEN: Your letter of the 8th instant has been be useless but cruel to place men of character and honor received. In reply I have to remark that the information in that situation, if even such men could be found to ac now requested is for my own satisfaction, and I do not cept it. If they failed to give the required information, wish it extended beyond the personal knowledge of the or to take proper measures to obtain it, they would be Government directors. In case of a gross violation of removed by the Executive. If they gave the informa- the charter, it is my duty to issue a scire facias against tion, and took proper measures to obtain it, they would, the bank. If the rumors I have beard be true, it will upon the next nomination, be rejected by the Senale. It probably be incumbent on me to do so, and those rumors would be unjust in me to place any other citizens in the relate to proceedings which must have come within the predicament in which this unlooked-for decision of the personal knowledge or observation of some of you. If Senate bas placed the estimable and honorable men who they shall be confirmed by your report, I shall not only were directors during the last year.
be able to judge of my particular duty, but may, if if I am not in error in relation to the principles upon thought proper, cause to be made through the Secretary which these gentlemen have been rejected, the necessary of the Treasury that more formal and thorough investiconsequence will be that the bank will hereafter be with- gation which you suggest. out Government directors, and the people of the United In conclusion, I would remark that the discounts grant. States must be deprived of their chief means of protec-ed to individuals are not deemed to constitute those prition against its abuses; for, whatever conflicting opinions vate accounts which, by the charter, are so carefully may exist as to the right of the directors appointed in guarded; but that provision only embraces the debtor and January, 1833, to hold over until new appointments shall creditor accounts of individuals on the books of the bank. be made, it is very obvious that, whilst their rejection by If any discounts be corruptly or improperly granted, it is the Senate remains in force, they cannot, with propriety, not only deemed righ', but, in aggravaled cases, the duty attempt to exercise such a power. In the present state of the Government directors to communicate the fact to of things, therefore, the corporation will be enabled ef. the Government. I am, gentlemen, yours, &c. f.ctually to accomplish the object it has been so long en.
ANDREW JACKSON. deavoring to attain. Its exchange committees, and its To Messrs. SULLIVAN, Gilpin, and WAGER, Vol. X.-PP
United States Bank Directors.
Rip Raps, August 3, 1833. others, being the same persons now renominated to the GENTLEMEX: I am informed that there is a book of Senate, no definitive decision was made until the 27th expenses kept at the bank which comes before the divi. day of February, when they were each separately redend commitee semi-annually. If any of you have had, jected by ayes and noes. The subjects, in the mean time, or can have, access to that book, I should be glad to learn with which these nominations were in some degree conwhat were the expenses of the last year, and also the nected, bad undergone a full and elaborate discussion in preceding year, and for what particulars incurred. All the Senate. The decision, therefore, was well cslculated directors have a right to see and inspect this book; and if to satisfy the President that the Senate entertained decisive it is refused to the Government directors, report the same objections to the confirmation of these four persons; and to me.
the Journal, of which the President usually sees a copy, Mr. Walsh admitted, in his paper, that his publisher could not fail to show that each and every one of them had received about $1,000 for printing newspapers calcu- was rejected by a clear majority of the whole Senate. lated to operate on the eleciions. This leads me to the precise character of the objections taken by each and believe that a considerable sum of the expenses of the every member of this majority, or even the general bank has been incurred in this way. As it is my duty to character of such objections, it would be presumptuous in see that the funds of the Government, intrusted to this the committee to attempt to ascertain. They cannot be institution, are not misapplied, and as it is your duty, as expected to go into private conference with members, the representatives of the Government in the board of and to interrogate either those of the majority or minority, directors, to furnish the Executive branch of the Govern. upon this or any other question, as to the reasons of their ment with such information as will enable it to act under. votes. It must be obvious that, from the constitution of standingly in protecting and guarding its interests, I desire the Senate, from the manner of its proceedings, from the that you will obtain and furnish me a stalement of the absolute right of every member to vote fur or against bank account of expenses. They can in no sense be particular nominations, for reasons of his own, whether considered private accounis. They are the accounts of a others cancur with him in those reasons or not, the public institution's expenditures, upon the honest and grounds of the votes of individual members can never be proper appropriation of which must depend, to some ex. set forth, nor authentically known. The committee cantent, the confidence which the administrators of Govern not undertake any inquiry into such grounds of individual ment may feel at liberty to repose in it. I should consider opinion, nor do they know any form in which the Senate it proper, and even your duty, if an examination of these itself, if it were so inclined, could compel individuals to accounts should be denied by the officer keeping them, state the reasons of their votes. The committee, thereto demand a view of them by a motion at the board of fore, do not suppose it proper for the Senate, by any prodirectors. If it be refused, then report the same forth. ceeding to be adopted on its part, to undertake to set with to me; and, at the same time, give me all the infor- forth the reasons of members for rejecting these persons. mation and knowledge in regard to these accounts which it is enough that the Senate, in the exercise of an unyou may have acquired in the discharge of your duty as questionable constitutional right, has refused its advice directors.
and consent to the nominations. This has been officially I am, gentlemen, with great respect,
certified to the President, and the committee think there Your most obedient servant, is no ground for further inquiry. ANDREW JACKSON.
The President disclaims, indeed, in terms, all right to Messrs. SULLIVAN, Gilpin, and WAGER,
inquire into the reasons of the Senate for rejecting ang United States Bank Directors.
nomination; and yet the message immediately undertakes
to infer, from facts and circumstances, what those reasons, The message and the documents therein referred to which influenced the Senate in this case, must have been, were read.
and goes on to argue, much at large, against the validity A motion was made by Mr. Preston that the same be of such supposed reasons. The committee are of opinion printed, in confidence, for the use of the Senale: where. that if, as the President admits, he cannot inquire into the upon,
reasons of the Senate for refusing ils assent to nomine. On motion by Mr. Poindexter,
tions, it is still more clear that these reasons cannot, with Tue Senale adjourned.
propriety, be assumed, and made subjects of comment. SATURDAY, March 22, 1834.
In cases in which nominations are rejected for reasons The Senate resumed the consideration of the message commitiee think that no inference is to be drawn except
affecting the character of the persons nominated, the of the 11th instant, renominating Henry D. Gilpin, and what the vote shows; that is to say: that the Senate with. others, as bank directors.
holds its advice and consent from the nominations. And Mr. Preston withdrew his motion made the 11th inslant the Senate, not being bound to give reasons for its voles for the printing thereof.
in these cases, it is not bound, nor would it be proper for On motion by Mr. Webster, Ordered, that the message be referred to the Com- founded on the presumption of what such reasons must
it, as the committee think, to give any answer to remarks mittee on Finance.
have been in the present case. They feel themselves, THURSDAY, May 1, 1834.
there?ore, compelled to forego any response wbatever to Mr. Tyler, from the Committee on Finance, to whom the message of the President in this particular, as well by was referred the message of the President of ine United the reasons besore assigned, as out of respect to that high States of the 11th of March, renominating Henry D.
officer. Gilpin, Peter Wager, John T. Sullivan, and Hugh Mc
The President acts upon his own views of public policy Eljerry, as directors of the Bank of the United States, in making nominations io the Senate; and the Senate does submitted the following report:
no more when it confirms or rejects such nominations. The committee have bestowed upon the subject the
For either of these co-ordinate departments to enter reflection which respect for the Chief Magistrate would into the consideration of the motives of the other would at all times command. The President, at an early day of not, and could not fail, in the end, to break up all harmo. the session, submitted his nomination to the Senate of nious intercourse between hem. This your committee five persons as directors of the Bank of the United States. would deplore as highly injurious to the best interests of To one of these nominations the Senate assented, and the the country. The President, doubtless, asks himself, ia person nominated was appointed. In regard to the four the case of every nomination for office, wherber the per.
son be fit for the office; whether he be actuated by correct tration of Mr. Monroe the instances of renomination beviews and motives; and whether he be likely to be in came more frequent; but several of them were nominations Auenced by those considerations wbich should alone to military appointments; and, in a majority of the cases, govern him in the discharge of his duties—is he honest, no direct vote rejecting the nomination had passed the capable, and faithful? Being satisfied in these particulars, Senale. The cases of renomination by Mr. Monroe after the President submits his name to the Senate, wbere the a rejection, were James Gadsden as adjutant general, and same inquiries arise, and its decision should be presumed Nathan Towson as colonel, Charles Van de Venter as to be dictated by the same high considerations as those navy agent, and Duff Green as receiver, all of which were which govern the President in originating the nomination. rejected on their renomination. The two first nominations
For these reasons, the committee have altogether re were purely military, and involved an interesting and frained from entering into any discussion of the legal difficult question of grade; and, in the opinion of the duties and obligations of directors of the bank, appointed President, called for the most minute and elaborate in. by the President and Senate, which form the main topic vestigation. What motives impelled to the renomination or the message.
of the two last, the committee cannot undertake to say. The committee would not feel that it had fully acquil'ed During the four years of Mr. J. Q. Adams's administration, itself of its obligations, if it did not avail itself of this no instance of renomination uppears to have occurred, uccasion to call the attention of the Senate to the general unless the nomination of Amos Binney, whose nomination, subject of renomination.
previously made by Mr. Monroe, had been postponed; The committee do not deny that a right of renomination and that of Peler Sailly, wbose nomination by Mr. Monroe exists; but they are of opinion that, in very clear and had been laid upon the table at the last day of the session, strong cases only should ine Senate reverse decisions and who, at the commencement of the succeeding Execu. which it has deliberately formed, and officially communi- tive session, was again presented to the Senate, are to be cated to the President. In military and naval appoint- considered as renominations. Since the 3d of March, men's it is possible that questions, not of personal fitness 1829, four instances of renomination, after rejection by for office, but of the right of individuals to rank and grade, the Senate, have occurred. In two of these instances, may arise between the President and Senate, and that the persons renominated were again rejected, in the third nominations may be rejected pending such questions the nomination was agreed to, and the fourth is the case which might properly be renewed under other laws, or a now before the Senate. new state of circumstances. And in regard too to diplo.. The committee perceive, with regret, an intimation in matic appointments, the question may perhaps sometimes the message that the President may not see fit to send to turn, not on the fitness of the person nominated, but on the Senate the names of any other persons to be directors the propriety of any appointment, or of any such mission of the bank, except those whose nominations have been as is proposed. If new information should be given, already rejected. While the Senale will exercise its own shedding new light satisfactory to the Senate, in such case rights according to its own views of its duty, it will leave it may be a proper reason for agreeing to nominations to other officers of the Government to decide for themonce rejected. Nor will the committee say that there selves on the manner they will perform their duties. The may not be other cases in which a person once rejected committee know no reason why these offices should not may be properly again presented to the Senate. Butibe be filled; or why, in this case, no further nomination committee ibiok tbal in a case in which the decision of should be made after the Senate has exercised its unquesthe Senate has been deliberately made upon the sole tionable right of rejecting particular persons who have question of the fitness of the persons for ihe offices to been nominated, any more than in other cases. The which they are nomina'ed, and its assent has been wilb. Senate will be ready at all times to receive and consider beld, it ought not, without very strong and clear reasons, any such nominations as the President may present to it. to change i hat decision upon a renomination. The com. It claims no authority to control him in his nominations; initiee has caused the Journals of the Seoate to be ex but it cannot surrender the exercise of its own right of amined, in reference to the practice of renomination; and deciding for itself on the propriety of advising and con. they find that, during the Presidential terms of General senting to appointments to office. It cannot deprive itself Washington, Mr. J. Adams, and Mr. Jefferson, no instance of its own powers; it cannot surrender its own constitu. of renomination to office once occurred; and yet there iional character; it cannot, through apprehension of any are not wanting instances of the rejection of nominations consequences whatever, forbear from exercising its high made by those illustrious citizens, the motives for which it duty of giving, or of refusing, its advice and consent to would be'd fficult now to ascertain. To illustrate this it nominations of the President, in all cases, according to its is only necessary to select the case of Colonel Fishburn, conscientious sense of its own obligations to the constitu. a gallant soldier of the Revolution, wbo was nominated by lion and to the country. If these offices of bank directors General Washington as the collector of Savannah, and remain unfilled, the fault will not be the fault of the was rejecled by the Senate. And although the President Senate. The case is like other cases of rejection. In was obviously mortified by the decision, the nomination other cases, other persons have been nominated in place having been made, in a great measure, upon his personal of those rejected by the Senate, and confirmed; and if a knowledge of the individual, he contented himself, after different course shall be adopted on this occasion, it is a the rejection, with addressing a letter to the Senate, con course for which the Senate cannot be responsible. taining his reasons for the nomination of Colonel Fishburn, Their power of withholding their assent from the Presi. and accompanied that message with the name of another dent's nominations is not altogether vain and nugatory. It individual. During the administration of Mr. Madison, was given them by the constitution to be exercised in two instances occur of renominations of the same persons proper cases, and in their own discretion. When exer. to the same offices for which they had originally been cised by them, the rights of no other branch of the Gov. nominated. Abraham Quackenbush way nominated as an ernment are infringed or impaired. The Senate has only ensign, and rejected; renominated and confirmed. And done its own duly, and, having done this honestly and George Brown was nominated a collector of the first culo conscientiously, it cannot fear any consequences. lection district of Marylan:l, and, after a rejection, was The committee recommend ibat th: Senate do not renominated and coufirmed. What reasons influenced advise and consent to the
ent of the persons thus the President to pursue this course in the two instances renominated. The report was read. referred to, or the Senate to concur in it, the committee The Sepate proceeded to consider the message renomihave now no means of ascertaining. During the adminis. Dating Heory D. Gilpin, and others, as bank directors.
On the question, “ Will the Senate advise and consent It was determined in the negative, yeas 8, nays 31. to the appointment of Henry D. Gilpin, Peter Wager, On motion by Mr. Wright, John T. Sullivan, and Hugh McElderry?”
The yeas and nays being desired by one-fifth of the It was determined in the negative, yeas 11, nays 30. Senators present, On motion by Mr. Clay,
Those who voted in the affirmative, are, The yeas and nays being desired by one-fifth of the Messrs. Brown, Forsyth, Hill, Lion, Robinson, Sheplı y, Senators present,
Tipton, Wright. Those who voted in the affirmative, are,
Those who voted in the negative, are, Messrs. Brown, Forsyth, Grundy, Hendricks, Hill, King Messrs. Bibb, Black, Calhoun, Chambera, Clay, Clayof Alabama, Linn, Robinson, Shepley, White, Wright. ton, Ewing, Frelinghuysen, Grundy, Hendricks, Kent, Those who voted in the negative, are,
King of Alabama, Leigh, Mangum, Moore, Naudain,
Friday, May 2, 1834.
On motion by Mr. Webster,
Resolved, That the Secretary of the Senate be author. the appointment of Henry D. Gilpin, Peter Wager, John T. Sullivan, of Philadelphis, and Hugh McElderry, of ized to give extracts from the Executive Journal of the Baltimore, as directors of the Bank of the United States. proceedings of the Senate in relation to the nomination
and renomination of the directors of the Bank of the Mr. Forsyth submitted the following resolution: Resolved, that the injunction of secrecy be removed United States for the year 1834.
On motion by Mr. Preston, from all the proceedings of the Senate in relation to the
Resolvcd, That two thousand copies of the President's nomination and renomination of the directors of the Bank of the United States.
message of March 11, 1834, nominating certain bank diOn motion, by Mr. Wright, to amend the same, by rectors, and the report of the committee thereon, together inserting after the word " Senate," the words, and the with the proceedings of the Senate on the first and second
nomination of said benk directors, be printed. debalus.
ACTS OF A PUBLIC NATURE
PASSED AT THE FIRST SESSION OF THE TWENTY-THIRD CONGRESS.
AN ACT making appropriations for the naval service for and for carts, timber wheels, and workmen's tools of
the year one thousand eight hundred and thirty-four. every description; for postage of letters on public service;
Sec. 1. Be it enacted by the Senate and House of Repre- for pilotage and towing ships of war; for cabin furniture sentatives of the United States of America in Congress as- of vessels in commission, and for furniture of officers' sembled, 'That the following sums be appropriated for the houses at navy yards; for taxes on navy yards and public naval service for the year one thousand eight hundred and property; for assistance rendered to vessels in distress; thirty-four, in addition to the unexpended balances of for incidental labor at navy yards, not applicable to any former appropriations for similar objects, viz.
other appropriation; for coal and other fuel for forges, For
pay and subsistence of the officers of the navy, and foundries, and steam engines; for candles, oil, and fuel for pay of seamen, one million four hundred and eighty-seven vessels in commission and in ordinary; for repairs of thousand two hundred and forty-four dollars and i wenty- magazines and powder houses; for preparing moulds for one cents.
ships to be built, and for no other purpose whatsoever, For pay of superintendents, naval constructors, and all two hundred and ninety-five thousand dollars. the civil establishments at the several yards, sixty-one
For contingent expenses for objects not hereinbefore thousand one hundred and eighty dollars.
enumerated, four thousand dollars. For provisions, four hundred and fifty thousand dollars.
For pay of the officers, non-commissioned officers, For the repairs of vessels in ordinary, and the repairs musicians and privates, and for subsistence of the officer's and wear and tear of vessels in commission, five hundred of the marine corps, including arrearages and increased and ninety thousand dollars.
pay under the act, second of March, one thousand eight For medicines and surgical instruments, hospital stores, hundred and thirty-three, one hundred and thirty-five and other expenses on account of the sick, forty thousand thousand eight hundred and eighty dullars and twentydollars.
five cents. For the improvement and necessary repairs of the
For subsistence of non-commissioned officers, musicians
navy yard at Portsmouth, New Hampshire, forty thousand and privates, and washerwomen of said corps serving on seven hundred dollars.
shore, nineteen thousand two hundred and thirty-one dol. For the improvement and necessary repairs of the navy
lars and eighty cents. yard at Charlestown, Massachusetts, eighty.six thousand
For clothing, twenty-nine thousand three hundred and three hundred dollars.
fifteen dollars. For the improvement and necessary repairs of the navy
For fuel, nine thousand and ninety-cight dollars. yard at Brooklyn, New York, fifty-seven thousand five
For contingent expenses, including arrearages, nineteen hundred dollars.
thousand dollars. For the improvement and necessary repairs of the navy
For transportation and recruiting, five thousand dollars. yard at Philadelphia, six thousand tive hundred and fifly for officers and men serving on shore, two thousand three
For medicines, hospital stores, and surgical instruments dollars,
For the improvement and necessary repairs of the navy hundred and sixty-nine dollars and seventy-one cents. yard at Washington, twenty-nine thousand five hundred
For balance due Lieutenant Colonel Anderson, nine dollars.
hundred and fifty-four dollars and twenty-two cents. For the improvement and necessary repairs of the
For the erection of barracks for the marines stationed nary yard at Gosport, Virginia, one hundred and eight
at the navy yard, Brooklyn, New York, thirty thousand
dollars. thousand two hundred and fifty dollars. For the improvement and necessary repairs of the navy the slave trade, including the support in the United States,
For carrying into effect the acts for the suppression of yard at Pensacola, twenty-six thousand dollars.
For ordnance and ordnance stores, ten thousand dollars. and for a term not exceeding six months after their ar
For defraying the expenses that may accrue for the rival in Africa, of all persons removed from the United following purposes, viz.
States under the said acis, five thousand dollars. For freight and transportation of materials and stores of That so much of the sums appropriated by the act of every description; for wharfage and dockage, storage and the twenty-eighth May, eighteen hundred and thirty, for rent, travelling expenses of officers and transportation of the relief of Alexander Claxton, as still remains due and seamen, house rent, chamber money, and fuel and candles, unpaid, and which has been carried to the cri dit of the to officers other than those attached to navy yards and surplus fund, shall be and the same is hereby reapprostations, and for officers in sick quarters where there is priated. no hospital, and for funeral expenses; for commissions,
Approved, January 24, 1831. clerk hire and office rent, stationary and fuel, to navy agents; for premiums and incidental expenses of recruit. AN ACT making appropriations, in part, for the support ing, for apprehending deserters; for compensation to
of Government for the year one thousand eight hunjudge advocates; for per diem allowances to persons
dred and thirty-four. attending courts martial and courls of inquiry, and to Be it cnacle, &c., That the following sums be, and the officers engaged in extra service beyond the limits of their same are bereby, appropriated, to be paid out of any stations; for printing and stationary of every description, unappropriated money in the Treasury, viz: and for books, maps, charts and mathematical and nautical For pay and mileage of the members of Congress, and instruments, chronometers, models and drawings; for pur- delegates, five hundred and fifty-five thousand four hunchase and repair of fire and steam engines, and for m3-dred and eighty dollars. chinery; for purchase and maintenance of oxen and horses, For pay of the officers and clerks of the Senate and