Thirty Years' View (Vol. 2 of 2): or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850Benton, Thomas Hart
History
Thirty Years' View (Vol. 2 of 2): or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850
Benton, Thomas Hart
United States -- Politics and government -- 1815-1861
History gives many instances of armies refusing to be disbanded,
and remaining in arms in defiance of the authority which created
them; but the example of this bank presents, probably, the first
instance in which a great moneyed corporation refused to be
dissolved--refused to cease its operations after its legal existence
had expired;--and continued its corporate transactions as if in full
life. It has already been shown that its proviso charter, at the end
of a local railroad act, made no difference in its condition--that
it went on exactly as before. Its use of the defunct notes of
the expired institution was a further instance of this conduct,
transcending any thing conceived of, and presenting a case of danger
to the public, and defiance of government, which the President
had deemed it his duty to bring to the attention of Congress, and
ask a remedy for a proceeding so criminal. Congress acted on the
recommendation, and a bill was brought in to make the repetition of
the offence a high misdemeanor, and the officers and managers of the
institution personally and individually liable for its commission.
In support of this bill, Mr. Buchanan gave the fullest and clearest
account of this almost incredible misconduct. He said:
"The charter of the late Bank of the United States expired, by
its own limitation, on the 3d of March, 1836. After that day,
it could issue no notes, discount no new paper, and exercise
none of the usual functions of a bank. For two years thereafter,
until the 3d of March, 1838, it was merely permitted to use its
corporate name and capacity 'for the purpose of suits for the
final settlement and liquidation of the affairs and accounts
of the corporation, and for the sale and disposition of their
estate, real, personal, and mixed; _but not for any other
purpose, or in any other manner, whatsoever_.' Congress had
granted the bank no power to make a voluntary assignment of its
property to any corporation or any individual. On the contrary,
the plain meaning of the charter was, that all the affairs of
the institution should be wound up by its own president and
directors. It received no authority to delegate this important
trust to others, and yet what has it done? On the second day
of March, 1836, one day before the charter had expired, this
very president and these directors assigned all the property
and effects of the old corporation to the Pennsylvania Bank of
the United States. On the same day, this latter bank accepted
the assignment, and agreed to 'pay, satisfy, and discharge all
debts, contracts, and engagements, owing, entered into, or
made by this [the old] bank, as the same shall become due and
payable, _and fulfil and execute all trusts and obligations
whatsoever arising from its transactions, or from any of them_,
so that every creditor or rightful claimant shall be fully
Public-domain text, read in full here on John Shaqi.
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