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
"The clauses of the deposit act, which appertain to the present
question, seem to me to possess all the features of a contract.
It provides that the whole surplus revenue of the United
States, beyond a certain sum, which may be in the Treasury on
a certain day, shall be deposited with the several States;
which deposit the States are to keep safely, and to pay back
to the United States, whenever the same shall be called for by
the Secretary of the Treasury in a prescribed time and mode,
and on the happening of a given contingency. Here, it seems
to me, is a contract in honor; and, so far as there can be a
contract between the United States and the several States, a
contract in law; there being reciprocal engagements, for a
valuable consideration, on both sides. It is, at any rate, a
quasi-contract. They who impugn this view of the question argue
on the supposition that the act, performed or to be performed
by the United States, is an inchoate gift of money to the
States. Not so. It is a contract of deposit; and that contract
is consummated, and made perfect, on the formal reception of
any instalment of the deposit by the States. Now, entertaining
this view of the transaction, I am asked by the administration
to come forward and break this contract. True, a contract made
by the government of the United States cannot be enforced in
law. Does that make it either honest or honorable for the United
States to take advantage of its power and violate its pledged
faith? I refuse to participate in any such breach of faith. But
further. The administration solicits Congress to step in between
the United States and the States as a volunteer, and to violate
a contract, as the means of helping the administration out of
difficulties, into which its own madness and folly have wilfully
sunk it, and which press equally upon the government and the
people. The object of the measure is to relieve the Secretary of
the Treasury from the responsibility of acting in this matter
as he has the power to do. Let him act. I will not go out of my
way to interpose in this between the Executive and the several
States, until the administration appeals to me in the right
spirit. This it has not done. The Executive comes to us with
a new doctrine, which is echoed by his friends in this House,
namely, that the American government is not to exert itself for
the relief of the American people. Very well. If this be your
policy, I, as representing the people, will not exert myself for
the relief of your administration."
Public-domain text, read in full here on John Shaqi.
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