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
Individuals had been tried, convicted, fined, and imprisoned
under them; but, so far was their unconstitutionality from being
regarded as an impediment to the right of arresting or undoing
these effects, that Mr. Jefferson felt himself compelled on that
very account to pardon those who had been fined and convicted
under their provisions, and we have at this session passed, on
the same ground, an act to refund the money paid by one of the
sufferers under them. The bill is limited to those only who
are the trustees, or agents for winding up the concerns of the
late bank, and it is those, and those only, who are subject to
the penalties of the bill for reissuing its notes. They are,
_pro tanto_, our officers, and, to that extent, subject to our
jurisdiction, and liable to have their acts controlled as far
as they relate to the trust or agency confided to them; just
as much so as receivers or collectors of the revenue would be.
No one can doubt that we could prohibit them from passing off
any description of paper currency that might come into their
hands in their official character. Nor is the right less clear
in reference to the persons who may be comprehended in this
bill. Whether Mr. Biddle or others connected with this bank
are, in fact, trustees, or agents, within the meaning of the
bill, is not a question for us to decide. They are not named,
nor referred to by description. The bill is very properly drawn
up in general terms, so as to comprehend all cases of the kind,
and would include the banks of the District, should Congress
refuse to re-charter them. It is left to the court and jury,
to whom it properly belongs, to decide, when a case comes up,
whether the party is, or is not, a trustee, or agent; and, of
course, whether he is, or is not, included in the provisions
of the bill. If he is, he will be subject to its penalties,
but not otherwise; and it cannot possibly affect the question
of the constitutionality of the bill, whether Mr. Biddle, and
others connected with him, are, or are not, comprehended in its
provisions, and subject to its penalties."
Public-domain text, read in full here on John Shaqi.
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