Presidents -- United States -- Messages; United States -- Politics and government -- Sources
The impropriety of this procedure is obvious, it being the duty of the
trustee to cancel and not to put forth the notes of an institution whose
concerns it had undertaken to wind up. If the trustee has a right to
reissue these notes now, I can see no reason why it may not continue to do
so after the expiration of the two years. As no one could have anticipated
a course so extraordinary, the prohibitory clause of the charter above
quoted was not accompanied by any penalty or other special provision for
enforcing it, nor have we any general law for the prevention of similar
acts in future.
But it is not in this view of the subject alone that your interposition is
required. The United States in settling with the trustee for their stock
have withdrawn their funds from their former direct liability to the
creditors of the old bank, yet notes of the institution continue to be sent
forth in its name, and apparently upon the authority of the United States.
The transactions connected with the employment of the bills of the old bank
are of vast extent, and should they result unfortunately the interests of
individuals may be deeply compromised. Without undertaking to decide how
far or in what form, if any, the trustee could be made liable for notes
which contain no obligation on its part, or the old bank for such as are
put in circulation after the expiration of its charter and without its
authority, or the Government for indemnity in case of loss, the question
still presses itself upon your consideration whether it is consistent with
duty and good faith on the part of the Government to witness this
proceeding without a single effort to arrest it.
Public-domain text, read in full here on John Shaqi.
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