DUANE Letters, addressed to the people of the United States, in vindication of his conduct ft . L.ETTERS, ADDRESSED TO THE PEOPLE OF THE UIWTED STATES, nr VINDICATION OF HIS CONDrCT, BT Wm. J. DUAWE, LATK SECHETAKT OF THE TREASUUT. 1§34. •' Euiherus replied, ' I should find it very difficult to submit to be a slave.' ' ' Yet,' said Socrates, • the magistrates in republics, and all that are in employ- • * ments, are not therefore reputed slaves : on the contrary they are esteemed ' ' honourable.' ' Be it how it will,' said Eutherus, • I can never bring my mind ' 'to suffer that another man should blame me.' 'And yet,' said Socrates, ' • you would be very much puzzled to find any one action, whose every cir- ' * cumstance was exempt from blame. For it is very difficult to be so exact as ' • not to fail sometimes, and even though we should not have failed, it is hard ' ' to escape the censure of bad judges : And I should very much wonder if in ' ' what you now do, no man should find any thing amiss. What you are, there- ' ' fore, to observe is, to avoid those who make it their business to find fault * ' without reason, and to have to do with more equitable persons.' " " The Memorable Things of Socrates." — Book II. p. 85. f TO THE PEOPLE OF THE U]¥ITED STATES. LETTER I. Fellow-Citizens ; When I was rudely thrust from office, on the 23d of Sep- tember last, I resolved, for the reasons stated in my letter to Governor Tazewell, to rest upon my acts as an officer and my reputation as a man, unless the one should be misrepresented, or the other assailed. And in order that the responsibility of any disclosure of past occurrences should rest upon the President, I notified him, ere I left Washington, on the 27th of September last, that I should hold him accountable for the malconduct of the publisher of his official paper ; and that, as the public repu- tation usually suffered in conllicts between the chief magistrate and e>f-ministers, 1 would avoid a controversy, and only repel assaults which he should sanction. So little effisct had this suggestion, and so necessary did it ap- pear to the President to prevent sympathy for me, which would be censure upon himself, that the official paper continued, after my retirement to private life, td circulate the most flagitious im- putations upon my character : and j'et, when the Presiilent saw, in a public pVint, an extract from one of my private letters, pub- lished without my consent, and containing nothing but the truth, he affected to be very much oifended ; and, instead of directing A 4 •i ( 2 ) a refutation of what I had said, he broke the seals that closed the cabinet and our correspondence, in order to sustain a false and malignant attack upon me on the 19th of November last. It was necessary to notice this ; but, even on that occasion, I did not become an assailant ; nor did I invite the people to look upon the stage, much less behind the scenes, where their dearest rights and interests are sported with by incognito performers. On the contrary, I merely published a brief defensive address, so little indicative of resentment, that it was pronounced, even by dispassionate men, as reprehensibly mild. - ^ Several grave questions, connected with my case, nave long been discussed, not only in congress, but throughout the coun- try. The instructions given to the President's agent for making inquiries as to state banks, are before the senate of the United States; and in my own defence, I ought to give some explanation respecting them. Doubts have been expressed on the floor of that body, whether there had been due foresight and warning as to the evils that now exist ; and it is due to myself at least, that I should show, that in this respect, as well as in others, I did my duty. In September last, the President appealed to the people, by publishing his reasons for directing a removal of the public de- posites; and as soon as congress assembled, my successor in the treasury department presented a statement in relation to his agency in removing them. It seems, therefore, to be a duty to myself, if not to the public, to present, in detail, my reasons for resisting the President; and, at least his friends cannot complain of my appealing to the people, since in doing so I barely imitate his own example. If I had heretofore felt any doubts of the propriety of address- ing you, they would be now removed. My correspondence and conversations with the President were again misrepresented in his official paper of the 7th instant ; and, at the same time vile aspersions, palpably sanctioned by him, were again cast upon my reputation. So that, even if no obligation of a public nature required some explanaj^ion now, it is demanded and justified by this new display of vindictiveness. Under ordinary circumstances some of my fellow-citizens might, perhaps with propriety, censure any exhibition of docu- ments, or exposition offsets on my part; but, I trust, that they will now reflect, that it is in self defence I resort to the course pursued by the President himself; and that I have preserved ^ #•?. ( 3 ) ^^ silence for nearly five months, amidst invitations and even taunts on one side, and a slanderous persecution on th&,other. # Without saying, therefore, at the outset, how far I may go, I consider myself released from all impediments, but those, which a sense of duty to the public and respect for myself may impose. ^ n Although personally unacquainted with General Jackson until 1829, I ardently supported him as a canclidate for the Presi- dency as early as 1823. I thought that fi^f country owed him a large debt of gratitude ; that it would be useful to our institu- tions, to have in the executive chair a person unaccustomed to intrigues, but too prevalent at the seat of government; and that he, who had given such sound advice to Mr. Monroe, whilst President, would never contradict in practice himself, what he had then declared to be the only patriotic and, honourable course of the chief magistrate of a free and enlightened people. In 1828, I renewed my exertions in his favour, at no little sa- crifice of personal friendship and pecuniary interest, and, when he was successful, I heartily rejoiced ; but, I confess, that as soon as I saw some former professions contradicted by subsequent practice, I felt sincere regret. I respected the President's in- tentions, and flattered myself that he would return to the path, from which he might have incautiously wandered. I was not, however, a partisan ; General Jackson, now in power, did not need aid from me. Men, who had stood in the ranks of his op- ponents when I advocated him, passed over to his side when he won "the spoils of victory," and got no inconsiderable por- tion of them. As to myself personally, I desired to partake of the fruits of the triumph, only as a member of the great family of the people. It was not to be expected, that I should cease to support the general course of the President, because he erred, as I believed, in various instances ; much less, that I should cease to be a member of a party, to which I had always belonged, because its favourite had not redeemed all his pledges. Accordingly, I sustained such of his measures as were consistent with the fundamental principles of the old republican party ; and, without considering who advo- cated, I censured such as were at variance with them. And as on the subject of the Bank of the Uuited States more than on any other, I have been grossly slandered, with the sanction of the P e- ( 4 ) sident, I will add, that I have invariably opposed that institution, atff. still do so. Whether wisely or not, I adhere to the doctrine of the Virginia school as to a national bank ; and it is quite as ar- bitrary to condemn my independent exercise of judgment on this point, as it was in the President to expect me to change at will my convictions in relation to the public deposites, or to accept his reasons for doing an act, which my own judgment condemned. Whilst alluding to this subject, I will take occasion to repel the vile imputations of the official paper, in relation to my mo- tives for resisting a removal of the deposites. Under the Presi- dent's sanction, it has been insinuated, that my course was dic- tated by a corrupt understanding with the Bank of the United States; and, in the official paper of the 15th instant, I am even called "the emissary of the bank." Without any desire for office on my part, I had been called to a high station. The selection was generally approved of; and yet in less than four months, I was contumeliously removed. To excuse this act of outrage, became a matter of much consequence. Sympathy for me would be condemnation of my oppressor ; and, therefore, the official paper sought to infuse into the public mind suspicions as to my purity — suspicions, which found a ready re- ception on the part of men, who, being base themselves, natural- ly supposed, that I could not have made a sacrifice of office under the public, without an equivalent elsewhere. In the community of which I am a member, there are many devoted friends of the President who disagree with me ; but I think, there is not one, who believes the insinuations of the offi- cial paper to have any foundation. So far, therefore, as my im- mediate fellow-citizens are concerned, I might with propriety treat these derogatory imputations with silent contempt. But, beyond this community I am not generally known, and hence it may be expected by my fellow-citizens at large, that I should notice them ; and I feel the less disinclination to do so, since distinguished senators have condescended in their places to repel similar imputations. Accordingly, I pronounce each and every assertion or insinuation of the official paper, imputing corrupt or improper motives to me for resisting a removal of the depo- sites, to be false, foul, and malignant. Further, I aver, that there is not even a colourable pretext or apology for any of the impu- tations cast upon me. I have never, directly or indirectly, re- ceived, nor have I ever had the promise or expectation of re- ( 5 ) celving, any loan, fee, gilt, benefit, favour, consideration, or other advantage whataoever from tiie Bank of the United States, or from any of its officers. I have never been jDresently nor contingently responsible to it, nor to any of its officers. 1 have had no direct or indirect correspondence or communication with the bank, nor with any officer thereof, with the exception of let- ters on file in the treasury department, and with the exception also of a single letter, received from tlfe president of the bank, en- closing to me, as a friend of the late Mr. Girard, his oration on the occasion of laying the corner stone of tlJ$.^Girard College, on the 4tli of July last ; to which letter I merely gave such a reply as courtesy calls for on like occasions. Fur from desiring to favour the bank, I have at all proper times avowed and maintained my opposition to it. And, if any words can express more fully and emphatically my absolute freedom from all design to favour the bank, I desire that they may be considered as used. I believed that the bank was entitled to tKe deposites ac- cording to solemn contract ; I believed that it had a right to them, unless the secretary of the treasury could give satisfactory reasons to congress for removing them. As secretary of the trea- sury I could not give reasons satisfactory to myself. I believed that the act of removing the deposites would be unnecessary, unwise, vindictive, arbitrar}-, and unjust ; and although opposed to the bank, 1 would not consent to be made an instrument to effect any such scheme, as that which was proposed. Therefore, laying aside, as I was bound to do, my personal prepossessions as a man, I acted solely from considerations, which I dared not to disregard as an officer. It must be manifest, from the conduct of the President, that it would give him pleasure, if he could exhibit a shadow of pruof of the charges of corruption insinuated against me. I according- ly invite and defy him, and all those vviio may desire to gratify his vindictiveness, or their own passions, to point out any act on my part, which can sustain the infamous imputations of collu- sion, corrupt understanding, or even concert of action in tlie slightest particular, with the United States Bank. \V. J. DUANE. February 17, 1834. ( 6 ) LETTER II. Fellow-Citizens ; In my first letter, I apologized for appearing before you, showed that I had been the early and steadfast friend of General Jackson, pointed out the motive for the persecution directed against me which he now sanctions, and defied him and his adher- ents to prove any of their foul imputations. Even when oppressed in September last, it will be seen, on reference to my letters of the 21st of that month, heretofore pub- lished, that I did not attribute the conduct of the President to any malignant motive. I then considered him the mere instru- ment of men around him w-ho were unworthy of his confidence ; and believed that he had become the executioner of their ven- geance against all who checked their rapacity. But I confess, that, whilst 1 still believe the President to be ruled by extraneous in- fluences operating on his passions, it is difficult charitably to ap- count for his silence, whilst before his eyes acts are deliberately executed, which are at variance with truth, justice, and charity. What can be a more serious charge, than to say, that, under the mask of friendship, I entered the cabinet to thwart the Pre- sident, and favour an institution, which I professed to oppose ? Yet serious as this imputation is, it is sanctioned by the chief magistrate! It is sanctioned in opposition to all facts, nay, in contradiction to his declarations made to me in writing as well as personally, up to the last moments of our separation ! To sustain so grave a charge, proof should have been given ; but all that is said to sustain it is, that I resisted the removal of the deposites, and that, in a letter, published at New Orleans, I expressed such sentiments, as showed that 1 had been " indoctri- nated with all the hostility of the bank opposition." My reasons for resisting the removal of the deposites will be given in a future letter, when the public will be able to judge how far that re- sistance sustains the vile imputation which I am now considering. At present I shall refer to the second pretext only for this ca- lumny. iHj To a letter from a friend at New Orleans, I wrote a reply in October last, which I regretted to see published without my con- u ( 7 ) sent. From that reply the official paper of tlie 20th of December last made this quotation : << It is but too obvious, either that we misunderstood the (jua- lities of General Jackson's head, or else he has been wonderfully altered. On all the cardinal questions agitated, he has failed to be consistent : he promised purity in selections for office, yet few have been purely made : he professed to be a friend to domestic industry, yet he has done more than any body else to prostrate it : he advocated a national government bank, and yet affects to dread a monied aristocracy: he complained of the corruption of one bank, and yet takes forty or fifty irresponsible paper-circu- lating banks under the national wing: he has been for, and against, internal improvement: he denounced nullification, yet he has been of late unsaying all that he had said in his procla- mation. In sliort, I do not believe, he ever had fixed principles, r ever arrived at any result by the exercise of the mind; im- fpulses and passions have ruled.^^ The sketch here presented was drawn after my retirement to private life, and consequently after I had availed myself of an opportunity, not before enjoyed, of closely examining the original. When I became one of the President's advisers, it was my duty to study his moral and intellectual qualities, as well as his poli- tical principles and views; and to this end, I exerted such powers of discrimination as I possessed. The result was a conviction, either that, in the portraits which I had drawn, to gain popular approbation, in 1823 and 1828, I had flattered General Jackson, owing to my having had before me outlines only, taken by his intimate friends ; or else that his features had been of kte greatly altered under the influence of pride and power. I naturally stated, in a private letter to a friend, the result of my observations, espe- cially as that friend like myself had been originally a great ad- mirer of General Jackson ; and I am sure, it grieved him to hear, as it did me to have occasion to communicate, what contradicted so many of our fond anticipations. The prominent characteristics of General Jackson, according to my representations in 1823 and 1828, were purity of purpose, and steadiness in execution. Hut, in 1833, I became satisfied, that his principles, even on cardinal points, were not fixed; that purposes were created for him, the true nature of which was con- cealed by artful management ; and that, in carrying them into exe- cution, impulse and passion impressed a character of obstinacy on ( 8 ) his conduct, which, under the exercise of the mind, would have been steadiness in execution. It is true, that, before my entrance into office, I Avas aware that the President had been imposed upon in relation to some ap- pointments. 1 also knew that he had been unsteady in his course as to domestic industry, internal improvement, and a national bank. But, what was my duty, when the President invited me, as his friend, to become one of his advisers? If I could reconcile the acceptance of office with the doubts which I felt as to my ability, and with private obligations, I considered it my duty to do so, in the hope that I might render some service, by striving to recon- cile his practice with former profession ; by trying to persuade him to abandon a vacillating course as to manufactures, since nothing could be more pernicious to this interest than uncertainty in legislation ; and by urging him to adhere to a strict interpreta- tion of the constitution, instead of wandering in the mazes of con- struction, in relation to the United States Bank, or other disputed subjects. Such are the remarks which I consider myself called upon to make, in relation to one of the pretexts for the aspersion, that I entered the President's cabinet to thwart him. But, fest any doubt should exist on your minds as to my disinterestedness or to the manner in which the appointment of secretary of the trea- sury was conferred on me, I think it proper to make you ac- quainted with the following details bearing on these points. Although 1 never directly or indirectly asked any personal favour from the President, I do him the justice to say, that he manifested desire on several occasions to promote what he doubt- less considered my advancement. With the advice and consent of the senate, he appointed me a director of the Bank of the United States, but I declined the trust. He afterwards tendered me the office of attorney for the eastern district of Pennsylvania, which I also refused. Without my knowledge, he appointed me, with the concurrence of the senate, a commissioner under the con- vention with Denmark ; and, when I hesitated to accept, he press- ed the trust upon me, on the ground that my acceptance would be a duty to the public, and a relief to himself from embarrassment. Before I had executed the duty under the convention with Denmark, I was, on the 4th December 1S32, unexpectedly in- vited to accept the office of secretary of the treasury. And lest any representation of the circumstances, attending the offer, I ( 9 ) should be open to cavil on that account, I shall not trust to my memory, hut present the following statement extracted from a confidential letter, which I wrote on the 5th of December 1832. Extracts. "The President has in a formal, kind, and pressing manner asked me to accept a seat in his cabinet. I confess, I was surprised, and not only surprised but distressed : but it is best, whilst the incidents are all fresh in my memory, that I should give you a sketch. A member of the cabinet said — * ^Ir. Duane, I have been particularly desired by the President to seek this interview with you, on matters of much consequence, not only to himself, but to the country. The President has for some time past meditated a change in his cabinet: it has been deferred until after the termination of the elections in the states; and, as they are now over, the proposed change is urged anevv. The present secretary of state is to go to France ; the present secretary of the treasury is to take his place in the department of state; and the question is, who is to go into the treasury? It is settled, that a citizen of Pennsylvania is to be appointed ; the President and his friends have sought in that state for a person in all respects com- petent as an officer, and faithful as a friend. A list of names has been looked at, and, after due inquiry, the President is decided- ly convinced, that you. Sir, present the fairest claims to official and personal consideration. You are of the old democratic party of Pennsylvania, and have grown with its growth ; you are known as a mild but unvarying friend of the great political principles, which Pennsylvania cherishes. Your personal reputation, too, gives you a moral influence, of the extent of which you arc not per- haps yourself aware ; you were the early, and have been the stead- fast friend of General Jackson, and should continue in every pro- per way to sustain him whom you contributed to elevate. So sa- tisffed, indeed, is the President, of your peculiar fitness for the department, and of your being just such a person as he can poli- tically as well as personally rely upon, that I cannot use too strong terms, in describing his solicitude that you should not re- fuse the station.' " This is more brief than the reality, but pertectly correct. I replied — 'I have listened, Sir, to what you have stated, with surprise, and distress ; so that it cannot be supposed that I can give a positive reply. I cannot express how gratified and proud I am at this mark of confidence. If, however, I am now to give utterance to what 1 feel, it is to ask the President to blot this B ( 10 ) matter from his mind. It is true that I have been and am sincere- ly friendly to the President; that I possess the personal and political confidence of many worthy men in Pennsj'lvania; and that I have a strong inclination to do all in my power to evince my principles and promote the welfare of the people. But it is also true, that my abilities are over-rated ; that my influence in Pennsylvania is more limited than is supposed, and that no weight can be given, by my accession, to the administration. Such an occasion as the present cannot be heedlessly regarded by me, but all considerations united forbid me to assent. I have through life sought the shade, and whenever I have been out of it, it has not been from choice. I have always desired to tread on the earth, lest in ascending even a single step of the political lad- der, I should be obliged to resume my former place. Perhaps this is morbid pride, but be it what it may, it has a powerful in- fluence over me.' "To this it was rejoined, — 'all you have said, Mr. Duane, shows you have the merit, you deny yourself the possession of. You have, by declining office on several occasions, omitted to advance yourself. I am the President's friend and yours, and am not the man to advocate any thing of a doubtful nature, by which the public may be affected. Others are more competent perhaps to judge of your qualifications than you are yourself. Heretofore there have been difficulties ; there may be some at this time, owing to excitement in the South ; but that will soon cease, and in a few months you will be perfectly an fait as to all gene- ral duties. As to your standing in Pennsylvania, we have infor- mation to be relied on ; we believe your appointjnent would be pleasing there, and the President desires to do what will gratify that state. Apart from other considerations, the President's own spontaneous preference of you is a compliment not to be over- looked ; you will derive credit from it, where you are not known, amongst all who respect the patriotism and pure intentions, as well as tlie natural sagacity of the President. I am persuaded that the appointment would be acceptable to many of the Presi- dent's most distinguished friends. Indeed, the fact that he goes to the people, and not to congress, to select, will give weight to the choice. You will earn a high reputation in the office proposed ; and the labours will be less burdensome than those to which you have been accustomed,' &c. "I then said 'that to tear up, as it were, by the roots, my 1 ( 11 ) business in Philadelphia, on the uncertainty, or even certainty of continuing in oirice here for four years, would be very impru- dent; that changes of residence, associations, and expenditure, were sound objections; that friends to me ought not to urge a proceeding of so doubtful a character,' &c. "To this it was replied — 'that every man owed something to his country ; that even on the question of mere interest, the change would be advantageous; that I might be certain of em- ployment for four years, at six thousand dollars per year; that the mode of living was that of a private gentleman in Philadel- ])hia; that by identifying myself with General Jackson and his friends, and making a sacrifice, if it was one, I established a claim for continuance in this, or appointment to some other station/ '* I closed by saying 'that, out of thankfulness and a desire to make a return for such confidence, my heart urged me to say "yes," but my head by no means assented; that it would be rude as well as unkind to the President to decide at once, and upon so sudden an appeal on so serious a subject; and that, there- fore, I would reflect.'" Such, fellow-citizens, is a brief but faithful representation of the manner, in which I was invited to enter the cabinet. INIy disinclination to take office as above expressed, remained unal- tered. Valued friends, whom I consulted, exerted themselves to induce me to serve; and, when I was called upon for a decision on the 30th of January 1833, I reluctantly consented. When my consent was given, the President, on the 1st of February, caused his satisfaction to be expressed at my determination, and his " wishes that it might confer a lasting benefit upon the coun- try and myself." When I saw him in iSlarch, he reiterated what had been before communicated to me, assuring me that he had himself selected my name from the list before him. This declara- tion he also made to several of our mutual friends, whom I might name if needful, and who, I doubt not, when they see this letter, will be mortified to find, that there should have arisen the least necessity to sustain what never should have been brought in question. But if any thing further is necessary to prove that the President spontaneously selected me, I refer to his own letter to me of the 17th of July last, in which he avows the fact, and gives, amongst other reasons, for the selection, his desire to elevate a name, which, although in an humble sphere, had earned reputation in the eyes of the people. i ( 12 ) Yet, in utter disregard of all these facts, the President had the hardihood to assert, in his official paper of the 20th of December last, that 1 "palmed myself or was palmed upon him." W. J. DUANE. February 19, 1834. LETTER III. Fellow-Citizens ; In my preceding letter, I have shown, that the President spon- taneously elevated me to the station from which I was so soon afterwards removed ; and that far from taking office to thwart him, I sought to remain in the shade of private life. I have also shown, that, rather than not gratify his vindictive feelings against me, he is even content to be considered a dupe ; for he says that I palmed myself, or was palmed upon him. It must be evident, however, that if any one was imposed upon, I was that person. I do not aver that I was imposed upon, much less have 1 a sus- picion, that the member of the cabinet, referred to in my last letter, did not state the reasons of the President for selecting me, of which he had knowledge. Amongst those reasons, the views or wishes of the President in relation to the United States Bank were not enumerated ; nor was the subject ever referred to in the letters or conversations, that passed between the mem- ber of the cabinet and myself. In the official paper of the 19th November last, however, it was avowed, that the President se- lected me because he supposed I accorded with his views in re- lation to the bank. So that the main motive for my selection, was not before stated. I do not say, that the President concealed his views, until after my entrance into office, in order to render my accordance more certain, after I had made so serious a change as that from private to public life ; I do not believe that he did ; but I have much more reason to presume, that such was the case, than the President has to suspect, that I entered into office on purpose to thwart him. Were I fully to admit, what the official paper alleges, that I knew that the removal of the deposites was agitated ; that would not affect the question between the President and me. If he had asked my opinion, I would have concurred in the course, which he was pursuing in December, 1833, namely, an appeal to con- ( 13 ) gress. It was the same course which I advocated whilst I was in office, and which I offered to pursue myself. I could have had no suspicion, however, that the President intended to aban- don in future the very course which he had himself sanctioned. All antecedent public acts, even the respect I then entertained for him, forbade me to suppose, that he meant to anticipate the action of congress, evade the judiciary, and trample on the law itself. Thus, 1. In his veto message, he left the subject of the United States Bank to the congress of 1S33-4. 2. When, during the last congress, he doubted the safety of the public deposites In the United States Bank, instead of taking upon himself the respon- sibility of their removal, he appealed to congress. 3. His per- sonal and political friend was appointed to inquire into the con- dition of the bank, and on his report, the representatives of the people, by a vote of 109 to 46, directed the public money to be retained, where the law had placed it. 4. It is fair to infer that the President himself was satisfied with this decision ; for he soon after approved of an act of congress, authorising the secre- tary of the treasury to lend to the United States Bank, or upon its stock, several millions of dollars, trust money receivable from France, for American citizens having claims upon that country. Had I intuitive or prophetic skill ? Because banks and specu- lators continued to agitate the deposite question, notwithstanding the decision of congress, was I to suppose, that the President would become their prey? Could I suspect, that they would be able to persuade him to consider congress corruptible, and the judiciary already contaminated ? Is it credible that I, who sought to avoid office altogether, wilfully placed myself in sucli a posi- tion, that my removal by the President for disobeying, or my rejection by the senate for obeying, him, would have been in- evitable? When he thought proper to ask the written opinions of the members of the cabinet, upon whom no responsibility would rest; was it not due to me, then shortly to enter his cabinet, that he should have frankly informed me that the removal of the de- posites, before the meeting of the next congress, was definitively fixed upon, and that I shonld be expected to do the act? Never- theless, I had no sort of intimation that the opinions of the members of the cabinet had been asked, or that, whether I ap- proved of it or not, the task of removing the deposites would be imposed upon me without inquiry by congress. ( 14 ) When I entered upon my official duties, and found, much to my surprise, that the measure was determined upon, and that I would be expected to carry it into execution, my charitable con- clusion was, that, as I really accorded with the President in op- posing the United States Bank, he had no doubt of my readiness to act on this point with him. He fancied, perhaps, that my hos- tility was so unqualified, that I would be willing to assail that institution after the manner of Indian warfare, and it was on this point that all our difficulties arose. When I went into office, I supposed that 1 was to be the agent of the country, and not the mere instrument of the Chief Magis- trate. I contemplated some changes which I hoped would be be- neficial to the country, and felt indignant when I found that measures were to be pressed upon me, useful only to those who prey upon its vitals; an indignation, which, I confess, was in- creased by the circumstance, that the duty prepared for me was announced, not by those who had been selected by the President as most worthy to be his constitutional advisers, but by irrespon- sible persons, who possessed the confidence, if not the places, properly belonging to them. I wish that it may be here borne in mind, that, notwithstanding the occurrences connected with my removal from office, I actually desired to avoid even complaint. I regard- ed the President as the victim of unworthy influences and un- happy passions ; and therefore, as well as on the public account, I was desirous of preventing any angry public discussion, or any exhibition of my official relations with the President. To this end I wrote a letter to the President's secretary, on the 27th of September, complaining of the course of the official paper in re- lation to me. In this letter, I say, "I do not deprecate such a course for my own sake ; if it is desirable that our relations should be placed before the public eye, I am ready. But it seems to me that, in such conflicts, the public reputation suflers, and that in- jury and insult have been administered to me in such quantity as to demand no further aid of that kind," &c. Nothwithstand- ing this appeal, it will be found, on reference to the file of the of- ficial paper, that vile insinuations were subsequently made re- specting my motives for resisting the President. Yet out of re- .spect for our institutions I forbore to repel imputations upon my character for nearly five months ; and if I shall now mention any facts, which, under ordinary circumstances, it might be improper ( 15 ) to state, I hope it will be remembered, that 1 do so, nut under the influence of resentment, but in self-defence. Parts of my correspondence and conversations have been used, in order to in- fuse foul suspicions respecting nie; and I now barely show that I am not the only accused or suspected person ; but that I share the fate of all who will not sacrifice their principles, not at the feet of the President, but at those of men who govern the coun- try through the instrumentality of his passions and prejudices. My commission bore the date of May 29, 1833, and on the 30th I reached Washington. After waiting upon the President, on the next day, I went to the treasury department, and took the oath of office on the 1st of June. On the evening of that day, Mr. Reuben M. Whitney called upon me at my lodgings, at the desire, as he said, of the President, to make known to me what had been done, and what was contemplated, in relation to the United States Bank. He stated, that the President had concluded to take upon himself the responsibility of direct- ing the secretary of the treasury to remove the public deposites from that bank, and to transfer them to state banks; that he had asked the members of the cabinet to give him their opinions on the subject; that the President had said, " Mr. Taney and Mr. Barry had come out like men for the removal ;" that Mr. M'Lane had given a long opinion against it; that jNIr. Cass was supposed to be against it, but had given no written opinion; and that Mr. Woodbury* had given an opinion which was "yes" and "no;" that the President would make the act his own by addressing a paper or order to the secretary of the treasury ; that JMr. Amos Kendall, who was high in the President's confidence, was now preparing that paper; that there had been delay owing to the affair at Alexandria; but, no doubt, the President would soon speak to me on the subject ; tiiat the paper referred to, would be put forth as the Proclamation had been, and would be made a rallying point; that he (Mr. Whitney) had, at the desire of the President, drawn up a memoir or exposition, showing that the measure might be safely adopted, and that the state banks would be fully adequate to all the purposes of government. He then read the exposition to me, antl as I desired to understand mat- ters so important and so singularly presented, I asked him to • It is due to this gentleman to state, that 1 subsequently learned, he was op- posed to a removal prior to July, 1834, and was for only a gradual cliaiigc aflei-- wards. ( 16 ) leave the paper with me, which he accordingly did. He also read to me divers letters from individuals connected with state banks. The drift of his further observations was to satisfy me that the executive arm alone could be relied on to prevent a re- newal of the United States Bank charter. The communication thus made to me created surprise and mor- tification. I was surprised at the position of affairs which it re- vealed, and mortified at the low estimate which had been formed of the independence of my character. I listened, however, re- spectfully to one who gave such evidence of the confidence re- posed in him, and awaited the explanation which he intimated the President would give. Soon after this interview I took occasion to express my mor- tification at my position, to the member of the cabinet, who had represented the President in asking me to accept office. On the next evening (Sunday) Mr. Whitney again called on me in company with a stranger, whom he introduced as Mr. Amos Kendall, a gentleman in the President's confidence, who would give me any further explanations that I might desire, as to what was meditated in relation to the United States Bank, and who then called on me because he was about to proceed forthwith to Baltimore. I did not invite nor check communication. Very little was said, and perhaps because I could not wholly conceal my mortification at an attempt, apparently made with the sanction of the President, to reduce me to a mere cypher in the adminis- tration. The next morning, June 3d, I waited upon the President, and, as I had been apprized by Mr. Whitney would be the case, he soon introduced the subject of the bank. I stated that Mr. Whit- ney had made known to me what had been done, and what was intended, and had intimated that his communication was made at the President's desire. The President replied, in a tone of dissatisfaction, that it was true he had conferred with Mr. Whit- ney, and obtained information from him as to the bank, but that he did not make him his confidant, nor had he told him to call on me. I enumerated the representations which Mr. Whitney had made, and their correctness was admitted. I said I feared that I should not be able to see the subject in the light in which the President viewed it; to which he remarked that he liked frankness, that my predecessor and himself had sometimes differed in opinion, but it had made no difference in feeling, and should not in my ( 17 ) case ; that the matter under consideration was of vast consequence to the country ; that unless the bank was broken down, it would break us down ; that if the last congress had remained a week longer in session, two-thirds would have been secured for the bank by corrupt means ; and that the like result might be apprehended at the next congress; that such a state bank agency must be put in operation, before the meeting of congress, as would show that the United States Bank was not necessary, and thus some mem- bers would have no excuse for voting for it. My suggestions as to an inquiry by congress, as in December, 1832, or a recourse to the judiciary, the President repelled, saying it would be idle to rely upon either; referring, as to the judiciary, to decisions already made, as indications of what would be the effect of an appeal to tliem in future. After mentioning, that he would speak to me again, before he departed for the eastward, he said he meant to take the opinions of the members of the cabinet with him, but would send them to me from New York, together with his vieivSf and would expect me, on his return, to give him my sen- timents frankly and fully. On the 5th of June, I had a brief conversation with the Presi- dent, in the course of which, as at all other times, I do him the justice to say, he emphatically declared that his views were al- together public spirited. He concluded by saying, "remember, I do not wish any body to conceal his sentiments ; I give you my views, you give yours; all I ask is that you will reflect with a view to the public good." The President left Washington on the 6th of June. During his absence, further circumstances came to my knowledge, which induced me to believe, that the removal of the dcposites was not advocated with any view to public utility, but urged to ac- complish selfish, if not factious purposes. 1 sought no inter- course with those, who, I felt satisfied, had an undue influence over the President, at least in relation to the grave questions connected with the removal of the deposites. Whenever any of them called on me, there was no hesitation in urging me to ac- cord in the proposed measure. It was contended that the re- moval of the depositcs would be made a rallying point at the opening of congress, or a flag up for the new members. When- ever I urged a recourse, in the first instance, to congress, or the judiciary, such a step was scouted, and delay represented as ha- zardous. ( 18 ) I had heard rumours of the existence of an influence at Wash- ington, unknown to the constitution. The conviction, that such an influence existed, at least in relation to the matters then press- ed upon me, was irresistible. I knew that four of the six mem- bers of the cabinet, before I became a member of it, had been opposed to any present action in relation to the deposites ; and I also knew that four of the six members of the existing cabinet entertained the same views. I felt satisfied, not only that the President was not in the hands of his constitutional advisers ; but that their advice was successfully resisted by persons, whose views I considered at variance with the public interest, and the President's fame. Such were my impressions, when, on the 1st of July, I re- ceived a letter from the President, dated ''Boston, June 26th, 1833," together with his vieivs, and the opinio7is of four of the members of the cabinet, voluminous papers, in the examination of which I was engaged when the President unexpectedly re- turned to Washington on the 4th of July. In the views given by the President, he expressed his opinion, that the secretary of the treasury would be wisely exercising the discretion conferred upon him by law, by directing the deposites to be made in the state banks, from and after the 15th of Sep- tember, if arrangements to be made with them should be then completed. In his letter, he stated that the only difficulty he for some time had, was as to the time when the change should commence ; that he thought the time should be from the 1st to the 15th of Sep- tember ; that an agent should be sent to consult with state banks upon the practicability of an arrangement such as the President then proceeded to detail ; but that he did not contemplate a re- moval of funds deposited, unless when wanted for public pur- poses. The letter closed with this emphatic assurance : — *' In making to you, my dear sir, this frank and explicit avow- al of my opinions and feelings, it is not my intention to interfere with the independent exercise of the discretion committed to you by law over the subject. I have thought it however due to you, under the circumstances, to place before you, with this restric- tion, my sentiments upon the subject; to the end that you may, on my responsibility, allow them to enter into your decision upon the subject, and into any future exposition of it, so far as you may deem it proper. " (*- ( 19 ) Prior to the reception of these communications, I had felt em- barrassment, not only in relation to the general subject, but as to constitutional and legal questions. I was in doubt as to the view which the President would take of the 16th section of the law, chartering the United States Bank, which gave the discretion, as to the deposites, to the secretary of the treasury. When, how- ever, I read the above passage in his letter, my anxiety was in a great measure, if not wholly, removed. If it meant any thing, I concluded, that the President now confirmed, what the law had already declared, that the secretary of the treasury had the ex- clusive right to exercise that discretion independently of the Pre- sident; and that in thus writing to me, he had pledged himself not to interfere beyond the expression of his own opinions, and the employment of argument to have an influence upon mine. Reflecting, however, upon the means that might be used to induce the President to disregard this pledge, I considered it my duty to comply strictly with his direction, to give him my sentiments frankly and fully ; and these you will find in my next letter. W. J. DUANE. Philadelphia, February 22, 1834. LETTER IV. Fellow-Citizens ; In my last letter I related some of the incidents, which oc- curred immediately after my entrance into office. Those inci- dents will have shown you, that the true nature of the service required of me was to employ a conservative power to eflect penal ends, and to evade legislative or judicial action in relation to the United States Bank. Believing as I did, that the President really thought that the prostration of the United States Bank would be another victory, of which he might be proud, and that he was stimulated to con- sider any means justifiable to attain that end ; I resolved to inter- pose, if I could, between him and tbosc who were impelling him in his rash career. I was especially anxious to disabuse him as to the legislature and the judiciary ; and, therefore, in writing the following letter, endeavoured to meet his oral declarations, as well as written arguments. Vf *r. ( 20 ) In my defence I now submit this letter to you. Is it such a letter as "an emissary of the bank" would have written? Does it indicate hostility to the President; or a desire to remain in office to thwart him? Could any friend struggle more anxiously than I did to snatch him from the brink of a precipice? Instead of considering my resistance favourable to the bank, I felt satis- fied that the President's course would aid it. Under these impressions, as an act of duty to the country as well as to the President, and, I confess, dissatisfied with the part I was expected to play, I wrote the following letter. Respectfully, yours, W. J. DUANE. February 25, 1834. " Treasury Department, July 10, 1833. " Sir— I. On the first of the present month, the undersigned had the honour to receive the letter, which the President addressed to him, from Boston, on the 26th ultimo, transmitting a detailed statement of his views <' upon the subject of a discontinuance of the government deposites in the Bank of the United States, and the substitution of certain state banks, as the fiscal agents of the United States, so far as those duties are now performed by that institution." If, when, early in December last, the desire of the President that the undersigned should assume the station, which he now holds, was communicated to him, it had been intimated, that a cessation to deposite the public moneys in the Bank of the United States, without any legislation upon the subject, was to constitute a part of the executive policy, and that the undersigned would be called upon to carry the measure into effect upon his own re- sponsibility, it would have been in his power to consider, whether he ought to enter into office or not; and he would not have been compelled, as he now is, either to incur the censure of congress, or to commence his service by acting in opposition to the Pre- sident's wishes. But, as no intimation of any kind was given, and as the undersigned was thus to come into office, in a manner as honourable to the President's liberality, as it was flattering to his own pride, he accepted the proffered honour, but still not without reluctance, resolved to perform his duty so faithfully as ^ ^ . f ( 21 ) / t* to merit public confidence, justify the President's choice, and preserve that invaluiiblc treasure, his own self-respect. If, when, on the 30th of Jaiuiary last, the undersigned con- sented to serve, and before he had entered on the duties of his station, he had known that a change of the depository of the pub- lic money, notwithstanding the decision of the house of repre- sentatives, was a part of the President's policy, and very anx- iously discussed in the cabinet, it would still have been his pleasure, as well as duty, to consider the questions involved, carefully. But, although late in the month of March, the Presi- dent intimated, that he was agitating the subject himself, the undersigned had no conception, that it was with a view to any proceeding prior to the meeting of the new congress. It was not, indeed, until the evening of the day, or of the day after, the undersigned entered into office, that he was informed, that a change, of the depository of the public money, had been the subject of cabinet discussion, and that upon the undersigned would rest the responsibility. It will not surprise the President, therefore, to learn the sen- timents of the undersigned now for the first time ; nor that he may fail to present such an exposition of his views, as, under different circumstances, he would at least have attempted to prepare- Subsequently to the 1st of June, the President was so good as to say, that he would send to the undersigned, the opinions of the members of his cabinet, with his own views, to be deliberately reflected upon, with a view to a frank declaration of the opinions of the undersigned to the President, on his return from his eastern tour. Those documents were received on the 1st instant, and the President returned on the 4th ; so that the brevity of the interval, and other circumstances interfering, will, he trusts, be regarded as adequate apologies for imperfection. Whilst, however, he re- grets the imperfection, he is consoled with the knowledge, that he is but a gleaner in the field of inquiry, after officers, superior to the undersigned in all the advantages of experience, and with whom he will not assert an equality, except in purity of purpose, and in regard for the chief magistrate, who has made him their associate. II. In the conclusion of the President's letter, he has the goodness to say, that, whilst he frankly avows his own opinions, and feelings, he does not intend to interfere with the indci)ondent exercise of the discretion, committed to the undersigned by law, » .;f ( 22 ) • over the subject ; and that the undersigned may adopt, on the Pre- sident's responsibility, the sentiments expressed by him, in his letter, as the basis in part of his own decision. The undersigned, therefore, concludes, that he has not received the direction of the chief magistrate, to perform an act of executive duty ; but that the President believes, that congress had a right to direct, and hold responsible, an executive agent. And, accordingly, without expressing a doubt on that point, that might be thought pre- sumptuous, the undersigned will decide on his responsibility to congress, and that decision shall be the same, as if he had re- ceived an executive order. This, however, will not, for a mo- ment, be regarded by the President as indicative of the least abbreviation of the respect and attachment, which, on many ac- counts, he entertains for the President. The expression is used, in order to evince the perfect sincerity of the undersigned in the matter referred to him ; it is used, in order to make known to the President, that, however grateful to him the undersigned may be, and however unwilling to incur the risk of separating from him so soon, a separation so likely to expose the under- signed to the shafts of envy or of malice, if such exist, such con- siderations are overcome by a sense of the high duties imposed on him as a public agent. It is not more consistent with the principles of the undersign- ed to pay a homage to the President, than it would be the desire of the President to receive it; but since it is so soon his fate to diflfer in opinion from the President, the undersigned boldly says, that no one could have been called to the station, now filled by him, who could have had a more anxious desire than the under- signed had, to render the evening of the President's life as tran- quil, as its noon had been glorious. It is very painful to him, therefore, to be obliged to decline to adopt the course described in the President's letter. He has the consolation, however, that the very opposition establishes a claim to the President's respect, and is a sure guarantee of sincerity. Trusting, therefore, to that magnanimity, on the part of the President, which is inseparable from the purity of his own io- tentions, the undersigned will frankly state some of the reasons, that have drawn him to the conclusion, at which he has arrived. In doing so, he will present the results of brief, but anxious, re- flection, and incidentally such observations as a perusal of the President's letter demands. . ( 23 ) •• III. With regard to the Bank of the United States, even if the undersigned did not consider it unauthorized by the consti- tution, he avows his deliberate and unl)iassed belief, that the re- newal of its charter would be inconsistent, with the duration of the happiness and liberties of the people. These sentiments are not formed as a potter moulds his clay, to suit the fashion of the times, or the order of a customer ; they are not the sentiments of a man, who has a latent grief to assuage, or an injury \o avenge; they are the opinions of an individual, who, although bowing to the law, as every good citizen should do, and respecting the opinions of others, has never omitted a fair occasion to utter his dispassionate belief, in opposition not only to the present, and to the former Bank of the United States, but to all such mono- polies. Without any desire, therefore, to arraign uncharitably the motives of others, the undersigned is satisfied that many of the acts of the bank, that are complained of, do but justify his uni- form apprehension of such institutions. He conceives that the bank htis forfeited all claims to favour, and that, if chartered, with such a weight of complaint against it, the charter might al- most as well be perpetual as limited. _,' But, whilst these are the sentiments he entertains, and whilst as an individual he might, in every fair way, utter and publish, in language becoming a freeman, his strong remonstrances and upbraidings at the 3 per cent, transaction, and others; he does not consider it proper, as a public officer, to pursue any other than an open, decided, and authorised course. He is persuaded that vindictive justice is so much at variance with the best feel- ings of the human heart, that a resort to a measure of that kind, would, by the repugnance that it would create, tend to merge the more essential consideration of the future destinies of the country. At present the bank stands, if not convicted, arraigned before the country. It has put itself in the wrong, and the stockholders have not manifested an inclination even to inquire into the causes of complaint against the directors. Public opinion is unfavourable to the continuance of the institution. It is obviously the conviction of dispassionate men, that no modification can control an institu- tion, that has the elements of evil in its composition and exist- ence. The dictates of prudence and policy, therefore, demand, that ( 24 ) nothing should be done against the bank, that might altogether conceal justice under the veil of sympathy. The main question was put to the people by the President, and left to them, in such terms, and in such forms, as to absolve him from all accountability. In this, as in other instances, pos- terity will do justice to the purity of his purposes, and the vigour of his acts. And there is no occasion, either for the present or the future, to adopt a course different from the open and manly one heretofore pursued. It is not requisite, in order fo prevent a renewal of legal life, to resort to measures, that might be regard- ed as extreme, if not utterly needless. IV. The undersigned is persuaded, that the measure would be regarded as extreme and arbitrary, for these reasons. 1. The charter is the law of the land ; it is a contract, that can- not be dissolved, or altered, without mutual consent, or forfeited without inquiry. The public deposites are a benefit to the bank, for which it has paid a consideration, and their continuance is a part of the contract. Has the undersigned a right to rescind this contract? It is cer- tainly true, that he has the power to change the depository, but he is bound to give his reasons. What reasons can the undersigned give ? He must not rely on the reasons of others, unless he adopts them as his own : he must be satisfied, that the measure is sound in itself and defensible. If, indeed, there were not other tribunals, before which acts involving forfeiture might be inquired into, and acts involving forfeiture were apparent, there might be some apology for an exercise of extraordinary power by an individual. But if there has been such misconduct in the corporation as warrants a forfeiture of its charter, or if there have been such acts done by the direct- ors or officers, as bring them within the penalties of the act of incorporation, what reasons can be given, for visiting the sins of the officers upon the stockholders, without a trial by jury, or other judicial proceeding? How could the undersigned justify himself before congress, even if his opinions were sound, in declin- ing a judicial inquiry, and in condemning the accused unheard? If the President is satisfied, that there has been misconduct, such as would warrant punishment by judicial agency, why has it not been, why may it not yet be, resorted to ? But if no such step has been taken, or can be sustained, how can the undersigned justify the assumption of the powers of jury, judge, and cxecu- ( ''^5 ) tioner? Is he to punish unheard, at his own pleasure, and without being able to assi<^n to congress reasons for such an arbitrary act ? Is it consistent with the principles of justice, or the genius of our institutions, that any man should be able to constitute himself a dictator, in matters affecting the character of the country, the welfare of the people, and the fame of men, who are entitled at least to the rights of felons ? The undersigned has been, like other men, under excitement, in relation to the Bankof the United States,anduponpublicgrounds has been desirous to see its existence closed ; yet he would not, under excitement, exercise such a power as is now conferred upon him; much less will he, now in a high station, and under the guidance of deliberate reason, do any act, that has not the stamp of manliness upon its front. He does not think that the end jus- t'fies the means, or that there is any distinction between moral and political integrity. No doubt, the President believes the pro- ceeding, under consideration, to be fair, manly, and sound. The undersigned has learned not to say dogmatically, that he is right, and that another is wrong. It is sufficient for him, that, whilst he sincerely respects the sentiments of the President, the under- signed cannot at his pleasure change his own convictions, or pre- sent to congress reasons for an act, that he believes to be arbitrary and needless. It is true, that congress gave to the undersigned the right to use this arbitrary power ; but for what purposes ? Surely not to enable him to usurp executive or judicial authority. It is the right of the President to arraign, and the riglil of the judiciary to try, the bank. Upon what jjretext can the undersigned wrest these powers from the legitimate organs? Or can it be fancied, that con- gress transferred to theundersigned, powers not possessed bytlieni- selves? What, then, is the fair conclusion, in tlie absence of all explanation, as to the motives of congress ? Surely, that dictato- rial power was conferred on the secretary of the treasury for occasions demanding sudden and extreme action, or as a salutary check upon the bank, or a means to promote the conclusion of its affairs. It never could have been conferreil to enable an individual, whose appointment has not yet been confirmed by the constitu- tional advisers of the President, to execute vindictive justice. Is there, then, any cause for sudden and extreme action ? The undersigned admits, that the views in the President's letter, are very striking. They must, when presented to the people, or their D ( 26 ) represcMitatives, have a powerful influence upon the question of the renewal of the charter ; but he does not believe that they warrant the undersigned in resorting to the proposed measure. It must be a very strong case, indeed, that would justify the nul- lification of a contract, made by all the departments of govern- ment. 2. The measure would be considered extreme and arbitrary, because the last congress acted upon complaints against the bank, and because the next congress may follow the example of the last. It cannot be pretended, that, the last congress doubted the ability of the bank to meet its engagements. The house of representatives, by a vote 109 to 46, decided that the bank was a safe place of deposite ; and one of the last acts of congress authorised the secretary of the treasury to lend a million of dollars to the bank without security. What has since occurred, that should warrant the undersigned, in treating these evidences of confidence with contempt ? What reasons could the undersigned give for revers- ing the judgment of those, of whom he is the mere agent? What has occurred, since the last session of congress, to change the ground then held ? If any thing occurred, prior to the entry of the undersigned into office, on the first of June, why was not his predecessor called upon to act ? And if nothing occurred prior to that time, what has since happened, that could justify the under- signed, who has not yet become acquainted with his duties, or been above forty days in office, in exerting powers, affecting not merely the bank, but the whole community? Is he to take it for granted that the last house of representatives was ignorant or corrupt ? Or is he to conclude that there has been fraud or mis- management on the part of the bank ? He does not pretend, that an adequate investigation was made by the last house of represen- tatives, but that house decided on the evidence produced. It was not competent for any agent to furnish adequate proofs. The mi- nority of the committee of investigation declare, that a full and protracted inquiry by congress is necessary to the developement of truth ; and yet it is expected that the undersigned shall either have faculties superior to those of congress, or hardihood that disregards their censure. It is supposed, that although a body with power to send for persons and papers were unable to come to a decision unfavourable to the bank, or even to express a disbe- lief of its safety ; the undersigned, without any such inquiry or power to inquire, is first to do what congress would not do, and INF ( 27 ) then refer to the reasons of the President as a justification. Such a reference would not, and oufrhi not to, answer as a defence. The undersigned is thrown on his own rciisons ; and if he acts, and has none, he must stand in a posture before the world, not more lionourable to the President than grateful to himself. It would, in these malevolent times, be said, that the President had pur- chased the conscience of the undersigned, and that the undersign- ed had basely sold for office, the only inheritance that he may have to leave to his children, the unblemished integrity of their father. If it does not become the undersigned to treat with disrespect the decision of the last congress, why should he refuse to await the interference of the next? Any proceeding now, especially in the absence of adequate reasons, would seem to arise from an ap- prehension, that the representatives of the people are incompe- tent or corruptible ; and that the people themselves are incapable of preserving the institutions of their country, in the event of a general depravity of their agents. The undersigned is not wil- ling, by an act on his part, to give sanction to heresies, as groundless in themselves, as they are pernicious in their tenden- cies. He would despair of all that is calculated to cheer and ex- alt mankind, if he could fancy that his act, or the act of any man, even if endowed with intellect, or crowned with glory, were essentially necessary to save the people from themselves. He can- not have the arrogance to think, or to give colour of conjecture that he thinks, that he can save the republic, or that without him it would be lost. It is his duty, on the contrary, to follow the President's own example, who, instead of proceed i ng, as he might have done, by scire facias, against the bank, waited until the representatives of the people assembled, and submitted his com- plaint to them. In the absence of peril, the undersigned, does not consider it his duty to forestal the opinion of congress. If there is just ground for complaint, it is consistent with our love of our institutions, and our jealousy of their purity, to believe that an inquiry, if made, will be fairly conducted ; and that the representatives of the people will act, in consonance with their duty to Heaven, their countr}*, and themselves. But if, contrary to the lessons of experience, the representa- tives of the people, should be faithless, the bare suggestion of which the undersigned regrets to utter, the people have the in- clination as well as the power to change them, and to annul any ( -s act, that may have been the progeny of fraud or corruption. Have they not the inclination, as well as the power? If not, then the boasted excellence of our institutions must be a phantom. But, if it is a substance and not a shadow, as the undersigned thinks it is, it does not become him at least to decide upon a supposed imperfection, and substitute means, justifiable only in an insur- rection or a siege. With great deference, therefore, for the President's opinions, the undersigned concludes, that it would be arbitrary and need- less to adopt the proposed measure at this time. V. But, suppose, that the undersigned had reasons, to submit to congress, to show, that the measure was not arbitrary or need- less, ought the substitutes for the present fiscal depository to be accepted ? The undersigned respectfully conceives that he has not authority, and that it would be unwise, to adopt th'? scheme pro- posed. Undoubtedly, if the undersigned were to cease to deposits the public money in the Bank of the United States, it would be his duty to direct its deposite to the credit of the treasurer, in some safe place. But, at the threshold he is met with the ques- tion, what would be a safe place ? Does it become him to judge of the solidity of an institution by hearsay ? But, even if he chose to take that responsibility, has he any right to go further? The plan suggested by the President proposes a contract with divers banks, according to which certain service is to be rendered by one party, for the privilege of trading upon the money of the other. Has the undersigned authority to create a sort of charter? Has he a right, in any way, or for any time, to bind the United States? Have the local banks any right to bind themselves? If they have, what is the security, and who is the judge of it? Has the undersigned a right to contract, that certain banks may contract with other banks unknown to him? Has the undersigned any right, or is it discreet to leave to any agent the right, to decide, in the course of two months, upon the condition of all the banks, that may be necessary for the operations of government? If there is no law, granting powers needful in doubtful cases, can the un- dersigned discreetly take them on his own responsibility ? Can it be, for one moment, fancied, that, beside the summary power to take away, the legislative power to authorise a disposition of the public money, was conferred upon the undersigned ? Is it to be believed, that a section of a charter, obviously meant for ex- treme cases only, authorised the undersigned, in the absence of ( '^y ) any necessity, to take the public money from a hank, over which there is a control, and distribute it amongst institutions, over which no control exists? The ItJth scrtion of the United States Bank charter directs, that the public Tiioney shall be deposited in that institution, unless the secretary of the treasury shall di- rect otherwise ; but so jealous were congress of (he power, to withhold, thus conferred, that the secretary is enjoined to give reasons immediately to them ; obviously showing, that congress considered themselves alone competent to judge of the nrcessity of a removal from one agent, and the propriety of the sidisti- tute. So that the undersigned deems it proper to use extreme caution on ground untrodden. The undersigned is indeed aware, that certain local banks are now, from a supposed necessity, used as fiscal agents ; and that several of his predecessors, as an act of ministerial duty or sup- posed necessity, at various times, and under various circum- stances, made arrangements with state banks (the particulars of which he cannot now ascertain, owing to the destruction of the treasury office); but he also knows, that under those arrange- ments, the country lost between one and two millions of dollars, whilst of upwards of four hundred millions, from time to time in the custody of the United States Bank, not one cent has been lost. The undersigned does not use this as an argument in favour of a renewal of the charter, to which he is opposed, but he states the facts, to show, that he ought to have very strong reasons, indeed, to present to congress, for exchanging a certainty for an uncertainty. Me repeats, an uncertainty ; for if one of his prede- cessors was justified in saying, in 1814, that <'the multiplication of banks, in tlie several states, has so increased the paper cur- rency, that it would be difficult to calculate its amount, and still more difficult to ascertain its value," how much more doubt should the undersigned entertain at the present day? Besides, the undersigned plca-.ls the autliority of the President himself, in the letter now under cunsideration, as ground for hesitation. The President does not pretend, that the proposed scheme will answer; he barely says he thinks it will. No doubt, he thinks so, and possibly in some measure upon premises jire- sented by local institutions. But even upon such representations the President does not rely ; for he does not suggest a p'an for actual or continued operation, but merely as an experiment. Has the undersigned the right to make experiments upon such im- ) m- portant matters? Did congress, in allowing him to retain out of bank the public money, confer on him legislative and executive power united? As already alluded to, the anxious care, that at once the undersigned should report to congress, after resolving to retain the money out of bank, shows that it was not meant that the undersigned should make experiments. As it is clear, there- fore, on the President's own view, that he is in doubt as to a substitute, that he is prepared for a test only, and as the power of the undersigned will end on his report to congress, can it sur- prise the President, that the undersigned is in doubt also? If an experiment must be made, is it not courteous to those, of whom the President considers the undersigned in this case the agent, to await their instruction? Have not the constitutional holders of the public purse, the only means, that can be safely used for mak- ing such trials? But if congress should not interrupt an experiment, and the experiment should fail, as the undersigned thinks it would, is he then to make another? Will not a failure of any precipitate, undi- gested, and unsanctioned scheme, give vigour to the claim of the United States Bank for a renewal of its charter? Will it not be urged, that the inadequacy of the President's own project proved the necessity of retaining an organ, that, for fiscal purposes, had such obvious advantages over local banks? The President, be- sides, seems to think, that time will be necessary to test the pro- ject, and desires that the trial may be made, so as to meet the dissolution of the United States Bank. This rests on the pre- sumption that congress will not interfere, whereas the under- signed believes, that the operations will have scarcely been com- menced, ere the apparatus will be demolished ; an occurrence, which, for the sake of the President as well as himself, the un- dersig-ned desires not to witness. Then, is it likely that banks of any solidity will embark in such a project, when they know that it may, and probably will, be arrested by congress? Is there the least reason to suppose, that banks of good standing will guarantee the acts of banks in remote parts of the Union ? Would the undersigned be prudent in allying the country with banks willing to make such a common cause? So great were the difficulties of the Bank of Pennsylvania, and so great were the losses, arising out of transactions with distant banks, after the dissolution of the old bank of the United States, that it declined to be accountable to the Union for the public mo- 31 ) ney placed in those bantiC Does not the President see, that, however selfish the United States Bank may be, the local banks have not more extended principles of action ? Will not the anxiety to make money, the ignorance, or the imprudence of, particularly remote, local banks, tempt them so to extend their loans, and trade upon the public money, that when that money shall be called for, they may either fail to pay it, or ruin their debtors by demanding its return? Upon whom would reproach, in such events, be cast? Not on the banks, but on the secretary of the treasury, as an op- pressive, perhaps a party, measure. It is manifest that the welfare of the people demands, that, instead of being a partner of cither, tliey should be independent of both United States and local banks. VI. If the President knew, certainly, that the United States Bank charter would not be extended, would he advise a change of the depository of the public money ? Would he urge the under- signed to execute articles of co-partnership between the good people of the United States and divers banking companies, that may be very well conducted; but whose solvency materially de- pends on the solvency of each other, and the solvency of the whole upon events beyond the control of any or of all ? As the corporators, who have so long enjoyed a profitable part of the sovereign power, who have had the opportunity to amass fortune, and who have not been free from abuses to which monopolies are liable, are soon to cease in their operations ; does it not become the duty of the representatives of the people, whose lives, liber- ties, and happiness are more or less affected by those institutions, to consider, whether the fiscal operations of the government may not be conducted without such agency ? Could the inquiry be made at a more propitious time? Is it wise to make entangling alliances either with an institution not authorized by the constitution of the United States, or with loose corporations, which interfere with, derange, depreciate, and banish the only currency known to the constitution, that of gold and silver? Is it not inconsistent with the dignity of the government, to be obliged to grant fa- vours or exclusive privileges to particular descriptions of per- sons, that would not be otherwise granted, merely to secure a free and safe receipt and disbursement of the public Income and expenditure? Is it consistent with the public spirit and intelli- gence of the representatives of the people to suppose, that they cannot devise a method to escape such thraldom? But, if, in the ( 3^ ) wisdom of congress, no such mode can be found, as will enable the government to conduct its fiscal operations without the aid of a bank; then it is respectfully suggested, whether some con- stitutional provision should not be made, to ensure all the good, with as little as possible of the evil, of a bank. Although the undersigned limits the inquiry to the mere want of the government, it is not because he thinks this the only question worthy of consideration. On the contrary, an inquiry into the state of the entire currency, if not now demanded, must soon be required. But it is not to the agents of banks, that resort may be safely had, in inquiries of this nature. Good and useful as those agents may be, and no doubt are, in all the private re- lations of life, they are not so free from bias, as voluntarily to develope the nature and results of their own operations. The la- boratory of the people is preferable, their representatives the manipulators. The inquiry, that must, at last, be made, and for which pre- paration may be necessary, is not, which, of two descriptions of monopolies alike at variance with the sovereign attributes of the United States, and the general good of the people, is the least pernicious; but how their abuses, and the consequences of those abuses, may be gradually corrected and averted. Such a scrutiny would be worthy of the wisdom of congress. It might be so con- ducted as not to affect injuriously, by its results, any interest ; and an opportunity might be presented to th^ Union and the states, gradually to limit, or remove, institutions, which, whilst they have some uses, are yet so partial in their operations, and so liable to be perverted, as to affect seriously the morals, im- pair the earnings, and endanger the liberties of the people. Those institutions are now so powerful, and have such a com- mon interest ; men in companies arc so prone to do, what as in- dividuals they would scarcely think of, that any change affecting them will be stoutly resisted. Can they be resisted at all, if their power shall have no check ere long? Or is the evil only to be remedied, by one of those convulsions, in which, as in war, the ruin usually falls on those, who ought to escape? But if there is any illusion in this suggestion of a general in- quiry, at least there can be none in the particular or preliminary inquiry Hrst suggested. The fiscal operations of the government should be safely, steadily, and speedily conducted. How shall they be so conducted? what shall be the machinery? who the ( 33 ) I agents? the undersigned, in the voice of experience, cannot err in saying, that local banks are not the best. Vir. Supposing, that in adopting the proposed measure, the faith of the country would not be violated ; that contempt to the last, and the next congress would not be evinced ; that the power to contract with state banks exists; and that it would not be un- wise to make the contract; still the question presents itself, what would be the effect upon society? Would the operations of the government, or of the commercial world, be facilitated? Would confidence between man and man be promoted? Would the fa- cility to stand a shock, in the event of a war in Europe, for in- stance, be given to the local banks ? These questions, and others of an analogous character, need not be discussed by the undersigned ; for, his predecessor, on all accounts so much more competent to advise the President than he is, has placed this part of the subject especially, in a point of view, that cannot, he respectfully thinks, be overlooked by a chief magistrate, so anxious as the President has proved himself to be, to protect the mass of the community from embarrassment. From want of experience or information, the undersigned may not anticipate evil so extensive as that apprehended by his pre- decessor; but his fears are still so strong, that he is quite unwil- ling to be the one, who is to put the match to a train, the end of which he has not the sagacity to discern. Even, if he doubted, whether the United States Bank could meet every demand of government, as made upon it, he would hesitate, whether it would not be his duty to forbear, rather than to increase the evil, by abridging the power of the bank to sur- mount its difBculties. So that in the absence of all doubt of the kind, the undersigned would be at a loss for an excuse, were he to produce, by an act on his part, the very mischief that is ap- prehended. Credit, like female fame, is of such a peculiar nature, that its blossoms may be blighted even by the breath of inquiry ; what then, might not be the consequence of the blast of the in- dignation of government against an agent, in whose interest it was itself so deeplv concerned ? Much more trivial changes, than that proposed by the President, have produced great commercial convulsions. Such a measure, as is urged, would be regarded by the bank, so decidedly hostile, as to aflbrd it an excuse to shake the fabric of credit, for the purpose of throwing odium on the government, and producing a persuasion, that in the extension E of the charter would be found the only remedy for the mischief. That it would not hesitate to do so, the President believes — that it ought not to have an excuse for doing so, the undersigned is certain. It is, indeed, mentioned, in the letter of the President, that the United States Bank will not be able to effect any such purpose. But the undersigned is not satisfied, that an institution with so large a capital, with branches at so many important points, act- ing with one accord, and for a single end, with specie equal to half its circulation, has it not in its power to affect the operations of local banks, with specie equal to about a sixth of their circu- lation only. If the bank is really so harmless as this part of the President's letter supposes, then the alarm that the undersigned has at all times entertained, at the existence of such a power, is unfounded, and one of the most serious objections to the renewal of the charter is obviated. But the undersigned is not able to ar- rive at such a conclusion ; he is convinced, that it is in the power of the United States Bank, so organized and so secured, griev- ously to affect the local banks and the community ; the under- signed thinks that the trial ought not to be made. Beyond doubt, the power of the United States Bank to control the local banks, and, through them, masses of the people, and through those masses, some of the constituted authorities of the country, is of such a character and tendency, as to excite alarm. But the very existence of such a power teaches extreme caution ; such an adversary should gain no advantage from an abortive ex- periment to limit its influence. The struggle to be made, is not to see, which can do the other the most harm, the government or the bank. The government has but one duty to execute, to inform the people and their re- presentatives of the apprehended danger. It is not called upon to maim the bank, lest the bank should master the country. In any attempt to maim, the agents of the bank would be those most likely to escape, the wound would be felt in the cottage of the farmer, rather than in the palace of the banker. On the other hand, if the suggestion of the President is sound, that the United States Bank dare not operate oppressively, be- cause the state banks, having government deposites, jnight run upon the branches, then there is a check at all times, in the hands of the government ; and the bank, during its legal existence, will ( 35 ) be careful not to do or omit, what might warrant a total removal of the (leposites. So that the United States Bank is represented by some of the local banks as an engine so powerful as to be an object of univer- sal alarm ; and, the next moment, so utterly feeble, that by the simple operation of a treasury order, the entire branches may be broken up one after the other, and the paper flung upon them in masses, which they will not be prepared to redeem ! Which of these is the true picture ? If a treasury order has such talismanic influence, can there be a better pledge for the safety of the public deposites ? But, if it has no such power, is it discreet to commence the war ? In all such calculations, as those referred to, the fling- ing back masses of bank paper, and breaking up the branches, are items, that seem to have caused no compassion for the ulti- mate sufferers. It appears to have been forgotten, that a large portion of the good and pure people of the land would be ruined — and why ruined ? because the government of their country had put the power to ruin them into the hands of corporations, in- tent alone upon their own aggrandizement ! Whether it is wise to make such experiments, the undersigned, with confidence, re- spectfully submits. He submits, with confidence, because he knows the purity of the President's purposes, and that he will not press for a measure, to say the least of it, of doubtful and portentous character. He is not at all surprised, that excitement should exist ; it was almost unavoidable on the part of those, who are pure themselves, and who sincerely believe that they see impurity in others ; its ex- istence is even honourable to those, who, to avert a catastrophe really apprehended, are content to incur some risk on their own part. No one can imagine, that the President can have had, or can now have, any other than the purest intentions ; his appre- hensions are sincere, not factitious ; but, still, the apprehensions, that are entertained, warrant those measures only which will bear the cool examination of the future historian, rather than the test of contemporary feeling. It is of such measures as are now pro- posed, that history will be the record. It will be to the adoption or rejection of then), that public men, in after times, will look for examples. It is all important, therefore, that the most exalted ground should be taken, when about to direct movements, that will be compared with the past, that will affect the present, and be an enduring guide in future. The President, indeed, seems to think, that he is but obeying the will of the people ; he believes that his veto message became the deciding as well as dividing point at elections. But the un- dersigned is unable to concur with him, that his election was the result of a contest on that point. In many parts of the Union, the bank question formed no part of the materials of dispute ; in others, many friends of the bank voted for the President ; and every where, thousands voted, for the same reasons, that had in- duced them to call him from his farm — they knew his services to | be glorious, and his patriotism to be greater still. But, if it is true, that, when the President said he left the question to the people, they really took it up, then the under- signed respectfully asks, whether it was ever supposed, that the secretary of the treasury was to be their champion? Was it not rather the design of the President, that the people should send to congress agents, who would be true to their trusts ? Surely this is the constitutional and the patriotic course, and if it shall not answer, then the undersigned thinks that the days of the re- public are counted. But, he does not so think, neither will the President so think, if he shall reflect upon the career of his country ; on the contrary, the undersigned is persuaded, that, as the sun of the President's eventful life shall be setting, he will see his country in the full enjoyment of all the liberty and hap- piness, which he has done so much to transmit unimpaired to posterity. VIII. It may perhaps, be asked, whether the power, confer- red, by the United States Bank charter, upon the secretary of the treasury, is to remain a dead letter upon the statute book? In the first place, it may be replied, that, if it should so remain, it may be honourable to the country as well as beneficial ; for it will appear, that arbitrary principles are not resorted to, what- ever may be the force of extraneous excitement — it will appear, that the power given, was not exercised as a substitute for the constitutional prerogatives of the legislature or judiciary. In the next place, it by no means follows, that because the undersigned is unwilling to enter into an alliance with divers banks, that have interests adverse to each other, and no common interest but to make all the money they can out of the treasure of the country, he is to be perfectly passive, in all other respects. It is the opi- nion of the undersigned, that the public deposites will not consti- tute such a fund, as to warrant extensive operations on the part ^^It of any bank. If the revenue of the present year shall meet the demands upon the treasury, it does not seem to be probable, that the surplus will be considerable. It is the present j)olicy of the constituted authorities to keep down the income to the wants of the government. The results of legislative proceedings, of late adopted, cannot be very clearly anticipated. So that, it will be- hoove the United Slates Bank to regulate its operations accord- ingly. But, it will be the duty of the bank, whatever may be the amount of deposites, to reduce gradually the circle of its busi- ness, in order to avoid the pressure, upon the community, aris- ing from a sudden suspension — a pressure injurious to the bank, as well as to the public and the government. And the undersign- ed thinks, that the country, as the proprietor of one-fifth of the capital, and upon general principles also, has a right to call on the bank so gradually to abridge its business. If the bank sliould not do, what any prudent private banker, in the certain assurance of an early death, or any incorporated local bank destined to close its business, would do ; then, it will be the duty of the undersigned to consider, in what way he may so exercise the power vested in him, as to cause a reduction of its business. The welfare of the country, the convenience of the go- vernment, and the interests of the bank itself, demand, that all concerned should so co-operate, as to prevent any of those evils, which flow from changes in the character or amount of a circu- lating medium. It may, besides, be in the power of the under- signed, without any risk of censure, to resort to means, that would be productive of benefit to all concerned, or at least not prejudicial to any. Whatever may be deemed best, should be done cautiously, gradually, and with a due regard to the rights and interests of the weak as well as the strong. VB^ IX. The undersigned might proceed, in a more extended dis-^^fc| cussion of the subject,under consideration, if such were necessary. He has tried to shun the paths, already beaten by those, whose opinions the President has availed himself of. He has indeed con- sulted his own heart and head as his arbiters. He has appealed to the aid of common sense, as well as of ollicial intelligence, and will here close his remarks. Nothing but a profound conviction of being in the right, could have induced the undersigned to take his first step in opposition to what is so obviously the President's sincere desire. The undersigned has too great a respect for ( 38 ) the judgment of the President, and too little confidence in his own, dogmatically to say, that the President is mistaken, and that the undersigned cannot be so. Happily, if the proposed mea- sure really is essential to any great or good end, it is not in the power of any man, much less of the undersigned, to set himself up successfully against a chief magistrate, to whom the country owes so much. Far from seeking such a celebrity, the undersigned is prepared to make any personal sacrifice, except an acquies- cence in a measure, that he positively believes to be at variance with his obligations to the country, the President, and himself. In any event, no change can be made in those sentiments of sincere respect and attachment, which will ever be entertained for the President, by his obedient servant, W. J. DUANE." LETTER V. Fellow-Citizens ; Mt principal object in addressing these letters to you, has been to repel attacks upon my reputation, obviously sanctioned by the President of the United States. And if I had made; no other defence than the letter, which I addressed to him on the 10th of July, I am satisfied it would have protected me from the false and malignant aspersions of his official paper. In submitting that letter to you, I have defended myself against the President's assaults, and at the same time removed the doubt, which appeared to have been entertained by some of the mem- bers of the senate of the United States, whether the President had been duly warned as to the consequences of his proceedings. So that of all my objects in addressing you, so far as the public are concerned, but one remains to be executed ; that of explain- ing the circumstances connected with the mission of an agent to make inquiries as to the substitution of state banks for the Bank of the United States, for conducting the fiscal operations of the government. In giving this explanation, I shall remove another doubt, expressed in the senate of the United States, whether an effort had been made to ascertain the consequences of the re- 1 ■5jys ( 39 ) moval of the deposites upon the relations of the United States Bank and the state banks towards each other. I shall -show that, important as such an inquiry was, the President would not con- sent that it should be made. But before I proceed to these explanations, you may desire to know the incidents, which followed the delivery of my letter of the 10th of July ; a desire on your part which may be the more readily gratified, as a narrative of those incidents will naturally lead to the subject of the mission, which I have just referred to. I delivered to the President, on the 12th of July, my letter of the 10th of that month. If he had been disposed to respect the frankness on my part, which he had not only invited but required, no sort of dissatisfaction would have been felt by him, when he read my letter. On the contrary, as it was his boasted rule of conduct always to do what he thought right himself, he should have commended me for following his own example. And if he meant to respect the promise, which he gave me, not to interfere with the independent exercise of the discretion committed to the secretary of the treasury over the deposites, he would have con- sidered our correspondence closed by the letter before him. But rumour, particularly agile at Washington, soon removed suspense on my part ; and its report was confirmed by a cold and almost querulous note from the President himself, which, in ef- fect, announced that he would not respect my sincerity or his own promise. He inquired what fiscal agent I proposed in lieu of the Bank of the United States, since I objected to that bank and the state banks also ; and desired an interview on the subject on the 15th of July. Accordingly, on that day I waited upon the President ; but as it is not needful to my defence to mention the particulars of our conversation, I will barely say, that as to a fiscal agency, I refer- red to my letter of the 10th of July. In that letter I had repre- sented, that the adoption of a fiscal agency was a legislative duty, and that the whole subject of the currency must be considered by congress, in providing for the safety and transmission of the public funds. Consequently, as the mere agent of congress, I would not venture beyond my own sphere, however inclined I might be respectfully to make suggestions thereafter. The Pre- sident finally said, he would send me an answer to my letter of the 10th of July, and he accordingly did so on the 17th of that month. This reply was explanatory, and perhaps I may add ( 40 ) exculpatory also. As soon as I received it, I wrote a commen- tary, dated the 19th of July, and would have delivered it but for the considerations which I shall now mention. When the President was at Boston, he necessarily addressed me by letter; but, when he returned, although his letter to me claimed a written reply, I perceived no necessity for the con- tinuance of a formal correspondence. On the contrary, it seem- ed to be incorrect, that two agents of the same people, who met every day for the common good, should act as if they were the representatives of antagonist powers. On other subjects, the President and heads of departments had no such formal inter- course ; and I considered it my duty not to encourage it, although by withholding this letter 1 did violence to my personal feelings. Besides, it was perfectly obvious, that it was not with the President I was measuring the weapons of argument, but that I was thrust at from behind the tapestry, without any power on my part to return the blow, except upon the President, who really seemed to be unconscious that it had been struck. By this I mean, that in writing the President was made to insinuate what was at variance with his own declarations; so that I was compelled to believe either that he was unconscious of what was written for him, or else that he was deceitful to me. I adopted the former of these alternatives as the most charitable conclusion, especially as I became more and more satisfied that the President was not guided, as to the deposite question at least, by his con- stitutional advisers, but impelled by persons who had sinister views. Accordingly, I concluded to promote personal intercourse onl}^, and even flattered myself, that if communication by letters could be terminated, the President would adhere to his assurance not to " interfere with the independent exercise of the discretion committed to the secretary of the treasury by law over the sub- ject" of the deposites. Under the influence of these feelings, and to avoid suspense, I waited upon the President twice on the 19th, and again on the 20th of July. At these interviews he said he wanted an inquiry only ; and, on my saying that his letter of June 26th indicated an actual removal by the 15th of Septem- ber, he remarked that the banks might not agree to the only plan he thought safe, that of mutual guarantee ; that information ought to be obtained, even for the use of congress; that he con- ceived I ought to co-operate in collecting it; that he was de- ( 41 ) sirous that Mr. Kendall should make inquiries; and that we might rem;iin uncommitted, until after a consideration of the questions that were connected with a change of the depository. Well disposed to obtain information, which I believed would undeceive the President, and considering that a knowledge of the facts to be collected must he useful, in any event, 1 consent- ed, as a ministerial act, to prepare a letter of instruction for the President's agent. When I had written it, I waited upon the President on the 22d of July, not doubting but that he would confer with me as to the points of inquiry embraced in it, and indicate any imperfection or omission. But in this I was greatly disappointed, for he desired me to leave the letter of instruction for his examination, adding, that he would see me after he had considered it. I will here lay that letter before you. The paragraphs e, f, g, u, I, K, L, were embraced in the President's plan of state bank agency, quoted from his letter from Boston, dated June 26th. The remaining paragraphs were introduced by myself. Instriictio7%s. (a) "Sir — The operations of the Bank of the United States, excepting such as may be necessary for winding up its affairs, will cease on the 4th of March 1836. If, in the opinion of the secretary of the treasury, adequate reasons shall justify the mea- sure, he may at any time prior to that period cease to deposite the public money in that bank. (b) "The President, therefore, considers it his duty to ascer- tain whether a substitute for the present public depository may not be had ; in the event of a change prior to the termination of the charter, or at the dissolution of the bank, should it until then remain the depository. (c) "It is the opinion of the President, that to conduct the fiscal operations of the government, bank agency is necessary; and, as he cannot, consistently with his avowed sentiments, sanc- tion any national institution, he desires to seek for agents amongst the banks incorporated by the several states in their individual capacity. (d) "The President, having' designated you as the agent to make the necessary inquiries, I beg leave to present to you the views that he entertains as your guide; it being understood that you are to make inquiries of all the banks in the principal y ( 42 ) cities, in which primary banks are to be selected in order that an ample scope for selection may be had. (e) *'1. That one bank be selected in Baltimore, one in Phila- delphia, two in New York, and one in Boston, with a right on the part of the government to add one in Savannah, one in Charleston, S.C., one in the state of Alabama, one in New Or- leans, and one in Norfolk, upon their acceding to the terms pro- posed, all which shall receive the deposites in those places re- spectively, and be each responsible to the government for the whole public deposites of the United States, wherever made. (r) "2. That those banks shall have the right, by a conven- tion of their presidents or otherwise, to select all the banks at other points throughout the United States, in which the public money shall be deposited, with an absolute negative by the secre- tary of the treasury. (g) "3. That the secretary of the treasury shall have power to discontinue the deposites in any bank or banks, or break up the whole arrangement, whenever he may think proper, he giv- ing in such case the longest notice of his intention to do so, which the public interest may warrant. (h) "4. That the primary and secondary banks shall make re- turns of their entire condition to the secretary of the treasury monthly, or oftener if he shall require it, and report to the trea- surer weekly the state of his deposites with them respectively; and that they shall also subject themselves to a critical examina- tion of their books and transactions by the secretary of the trea- sury, or an authorised agent, whenever the secretary may re- quire it. (i) "5. That the arrangement of the government be only with the primary banks, which shall be responsible to it, not only for the safety of the entire deposites, wherever made, but for making payment at any places in the United States, (without charge to the government,) in gold or silver, or its equivalent, of any sum which may be required there to be paid by the secretary of the treasury : that they will also pay any expenses of an agent, tem- porary or permanent, whom the secretary may appoint to examine into their affairs. (k) <'6. That they will render, or cause to be rendered, with- out charge, every service, which can now be lawfully required of the United States Bank. (l) "7. [Unimportant] ( 43 ) . '■* (m) <'8. If the banks, or any sufficient number of them, shall be disposed to make such arrangements as are contemplated by the President, it will be necessary to inquire of them whether their several charters authorise them to make such an arrange- ment as is contemplated ; that is, whether the president and direc- tors may lawfully enter into the engagements required. (n) "9. In order to ascertain whether the proposed arrange- ment is practicable, under circumstances, that may be expected to arise, inquiry should be made of all the banks, whether, if this arrangement should be made prior to the 4th of March 1836, it will be in the power of the Bank of the United States to em- barrass or interrupt it; and whether any proceeding of that kind is to be apprehended. In case any such proceeding may be ap- prehended, it will be proper to inquire, what would be the pro- bable effects of any collision or contest (between the selected banks and the Bank of the United States, or other banks favour- able to or combining with it), not only upon the banks them- selves, but upon the community at large. (o) ''10. In order that a full investigation may be had upon matters deeply interesting to the country, it is desirable that the views of the President herein expressed should be fully commu- nicated to the banks proposed to be made public depositories ; and that the banks should be required to give specific replies in writing, embracing statements of their affairs respectively, on the first day of the present month — the capital actually paid in — the amount of notes in circulation — the amount of specie ac- tually on hand — the amount of deposites — the amount of debts due to the banks respectively — the amount due by them respec- tively — the nature and amount of the bank property of each — and all other facts that you may (teem necessary to be known tp tv enable the government to act advisedly, and to understand th^^j^ true condition of the banks proposed to be made depositories. 1^^ (p) <' Apprehending that any proceeding whatever, especial- ly at the present time, may be likely to promote what is called stock speculation, with all the mischiefs and tendency of gaming, I respectfully express my conviction, that your agency ought not to be regarded as a matter to be kept secret, but on the con- trary, that its objects should be explicitly avowed upon all pro- per occasions. Secrecy is not necessary, nor is it practicable if it were so ; so that to attain a public object, the means should be open in themselves and in their developments. It will of course ( 44 ) be proper to communicate from time to time the progress you may make. (q) " Having thus, Sir, placed before you the views of the Pre- sident, and such suggestions on my own part as seemed to be called for, it becomes my duty to myself, in order to guard against expectations, on the part of the banks, that may not be realized, or misapprehension elsewhere, distinctly to say that my performance of the present act of duty, as an executive agent, is not to be understood as an indication of any intention on my part, under existing circumstances, to exei'cise the power vested in me by law. Whether such an emergency may not arise as may warrant the exercise of that power, it is unnecessary now to anticipate; it is sufficient to observe, that in my opinion none such exists at present." • • • • In the afternoon of the day on which I delivered these instructions, to the President, for examination, instead of a mes- sage for a personal explanation, I received a letter, of which this is a copy. The President of the United States to the Secretary OP the Treasury. (' Washington, July 22, 1833. ''My dear sir: I cannot perceive the propriety of the conr eluding paragraph q in the draft of instructions, proposed to the agent of inquiry, which you have submitted to me this morn- ing; unless you are determined not to acquiesce in the decision which the President, on advisement with his cabinet, may make after a full view of all the circumstances of the case. You may not be aware that such is the construction which the paragraph authorises, and that it is manifestly at variance with the views which render the inquiry expedient. The great object to be ob- tained by the inquiry is to ascertain whether the state banks will agree to become the agents of the government, on the terms pro- posed, for the safe keeping and transmission of the public mo- neys. If they will, the ground taken by the President, should circumstances remain as they now arc, is that it will be then ex- pedient and just to resort to them as a substitute for the Bank of the United States as a fiscal agent. But lest in the course of the inquiry something might arise which would justify a different course, it was deemed best by us, at our last interview, that there ( 45 ) •' should be no commitment bej-ond the inquiry at this time, as to the action of the government in regard to the change of the de- positcs; and that on the latter point a decision should be post- poned until the report of the agent should be received, when there would be a full consideration of the conduct of the bank, and of all the matters connected with the substitution of another fiscal agent. <« Previously to inquiry, however, you declare that nothing has yet occurred to render necessary the movement anticipated by it, and thus leave me to infer that should the inquiry estab- lish the competency of the state banks to perform the agency proposed to them, you will not feel yourself at liberty to carry into effect, the decision, transferring the public deposites to them, which the President, on advisement with his cabinet, may make. Please inform me whether I am correct in supposing that this is your determination. If I am, it will then be my duty in frank- ness and candour to suggest the course which will be necessary on my part. <'I am, very respectfully, your obedient servant, ANDREW JACKSON." I considered this a palpable violation of the President's assur- ance, given to me in his letter of the 2Glh of June, from Boston, that <' it was not his intention to interfere with the independent exercise of the discretion committed to the secretary of the trea- sury, by law, over the subject" of the deposites; and I was at first inclined peremptorily to adhere to the last paragraph q of the instructions. It occurred to me, however, that the President still admitted in his letter, that <'all ma'tlcrs connected with the substitution of another fiscal agent" for the United States Bank, were to be <' fully considered." I knew that the instructions (an alteration of which was then unknown to nic) contemplated the President's bank plan alone, the practicability of which I doubted. I also knew that the instructions contemplated the collection of information, as to the effect of a removal of the deposites upon the mutual relations of banks, and upon society, which if faith- fully collected, would, I believed, disabuse the President's mind. And I could not with propriety say tiiat I would not at a future period act, because it might become my duty to do so. Under these impressions. I forthwith wrote the following reply: ( 46 ) The Secretary of the Treasury to the President op the United States. " Treasury department, July 22, 1833. " Sir: In answer to the letter which I have had the honour to receive from you, this afternoon, I beg leave to state that, hav- ing understood your present object to be merely an inquiry into the practicability of the arrangement, which you desire to make with the state banks, in case it should be deemed proper to em- ploy them as substitutes for the Bank of the United States, and that there should be no commitment beyond that inquiry, it oc- curred to me that it would be prudent to insert in the instructions to the agent, a paragraph, which would prevent misconception, that might otherwise be produced, undesignedly on his part, in the minds of the directors of the state banks, or of those of the public. If such misconceptions should be otherwise guarded against, as they may be, I have no desire on my own account that the paragraph q should be retained. <' I have already, both in writing and verbally, had the honour to state to you, that, after the fullest consideration which I have been able to give the subject, I do not, under existing circum- stances, feel myself justified in substituting state banks for the Bank of the United States, as the depository of the public mo- ney ; but that I am ready to make, under your direction, the fullest inquiry as to the propriety of the change. In the discharge of the high trust confided to me, it has been my desire to act according to my best judgment, with all the lights before me. And although 1 do not anticipate such a change in my views on the subject, even if the inquiry should establish the practicability of employing the state hanks, as will lead me to remove the de- posites for any cause now known to me, before congress shall haye had an opportunity to act upon the matter, yet I am open to conviction, and will not fail to give the fullest consideration to any new facts which may be presented, and to any informa- tion that may be obtained in the proposed inquiry. I shall also be ready to enter into a full examination of the whole subject, when you shall, as you propose, bring it before your cabinet. But if, after receiving the information, and hearing the discus- sions, I shall not consider it my duty, as the responsible agent of the law, to carry into effect the decision that you may make, I will, from my respect for you and for myself, promptly afford ( 47 ) ^ you an opportunity to select a successor, whose views may ac- cord with your own on the important subject in contemplation. ''Beyond tliis conclusion I respectfully dbnceive I cannot go without improperly committing myself; a position in which I understood I was not to be put before inquiry. Were I now to say, that I would persist in my present opinions, be the results of inquiry and discussion what they may, I should evince a reck- lessness to be rebuked ; on the other hand, were I to pledge my- self hereafter to abandon my present sentiments, without knowing whether any thing may arise to justify the change, 1 should be- tray a weakness to be pitied, perhaps despised. All that I can promise, therefore, consistently with the respect due to you as well as myself, is, that, when the moment for decision, after in- quiry and discussion, shall arrive, I will concur with you, or retire. "With the utmost consideration, your obedient servant. W. J. DUANE." On the next day. after I had with the utmost sincerity given the assurance contained in the above letter, in the confidence that a full inquiry was meditated by the President, he returned the instructions to me altered in the very particulars which had been in my contemplation when that assurance was given. That is, I had embraced in the instructions the President's plan of state bank agency, for on the 19th of July he declared no otlier would be safe ; 1 had also incorporated a direction to collect information as to the effects of a removal of the deposites upon the mutual relations of the banks, and upon society ; and in his letter above quoted, the President admitted that inquify was to be made into "all matters connected with the'substitution of another fiscal agent." In this state of things, I assured the President, that, if after receiving the information, to be obtained by the agent, and consequent discussion, I could not agree witji him, I would re- tire. On the receipt of this assurance, the Presiilcnt struck out the direction to collect information, and inserted a new provi- sion, empowering the agent to propose or accept new plans. My confidence now began to waver. I perceived that a full and fair inquiry into "all matters connected with the substitution of another fiscal agent," was not meditated. And the question inevitably presented itself, whether, in the altered circumstances, I was not absolved from an obligation to respect the assurance T ( 48 ) had given. But, I still flattered myself that the President would be undeceived, and that the time of the meeting of congress would be so closely 'approximated, ere a suitable inquiry could be made, as to render any action by the President altogether in- delicate and improper. I, therefore, prepared the instructions as altered; not with a view to retain a post which had no longer any attractions for me, not to thwart the President in his legi- timate course, not to mar a salutary measure, but to prevent the execution of a scheme which I believed would be detrimental to the country and the President himself. The alterations made in the instructions were these — Instead of paragraph c, according to which I had made the President, as I supposed he was, an opponent of any national bank, he introduced the following : — " It is the opinion of the President, that hereafter as heretofore bank agency will be found convenient, in managing the fiscal operations of the government ; and, as he cannot, consistently with his avowed sentiments, sanction any national institution, or- ganized upon the principles of the existing Bank of the United States, he deems it proper to ascertain whether all the services now rendered by it may not be performed by the banks incorpo- rated by the several states, on terms equally or more favourable to the government." The paragraph d was altered by striking out these words : <' It being understood that you are to make inquiries of all the banks in the principal cities, in which the primary banks are to be selected, in order that ample scope for selection may be had." Paragraphs l, n and q were wholly struck out. 1 have not copied L in the instructions, as it was not thought proper to be embraced in them, on justifiable considerations : its omission does not affect any existing question. This new paragraph was added : — "You are not to consider yourself precluded by these instruc- tions from making any other propositions to the said banks, for the purpose of ascertaining on what terms they will undertake the service referred to ; and you are at liberty to receive any pro- positions from them that they may think proper to make." The instructions, thus altered, were on the 23d of July sent to the agent, who soon after proceeded on his mission. He returned early in September, and on the 9th of that month his report was submitted to the President. The plan of bank agency, deemed ( 49 ) by the President the only safe one, had been almost unanimously rejected by the state banks. The materials (paragraph o) from which the condition of the state banks was to be ascertained, were very imperfectly furnished. No inquiry, beyond that which re- sulted in the agent's report and correspondence, was, to my knowledge, made. Nor was there any discussion in my presence, or otherwise to my knowledge, as to the agent's report and cor- respondence, or any plan of state bank agency. If any member of the administration understood what was to be the system of future fiscal operations, T was not tliat person, although I atten- tively read all that was submitted. Yet it was into this chaos I was required precipitately to plunge the fiscal operations of the country, at a moment when they were conducted by the legiti- mate agent with the utmost simplicity, safety, and despatch. In my own defence, as well as from public considerations, I have submitted to you this account of the instructions given to the President's agent. It was due to myself to show that the in- .' structions, as reported to the senate, are not in the shape in which ^'- I presented them to the President. My principal object, however, has been to state the important fact that the President would not permit his own agent to collect information, that might have dis- abused his own mind, or instructed his cabinet, whom he affect- ed to consult. If the information, called for by the instructions as at first proposed, had been collected, I feel satisfied, that it would have indicated the evil consequences, which have follow- ed the measures of the President. Whether these acts, thus wan- tonly executed, evinced patriotism and magnanimity, or a sub- serviency to a selfish cabal, you are competent to determine. W. J. DUANE. Philadelphia, March 3d, 1834. LETTER VI. Fellow-Citizens ; In my last letter, I reached the period in my narrative, when the President's a/u,«n^'- to do any thinjj on the subject.' <^ The official paper of the 24/A of March, commenting upon the foregoing letter, asserted, that it previou.sly " had assurances from all the members of the cabinet, disclaiming any knowledge on their part of the letter" of the Sth of September, above quoted ; ^^ and added, "such assurances we now have." On the 26th of March, the following note appeared in the official paper : — " JVashins^ton, March 25th, 1834. " To Mr. Blair, Editor of the Globe : ♦P"* " In an editorial article in the * Globe' of yesterday, relative to a recent letter of Mr. Duane to the Commercial Intelligencer, it is among other things, stated, 'that we had assurances from all the members of the cabinet, disclaiming any knowledge on their part, of the letter to which Mr. Duane has referred,' &:c. ; and it is also stated,