this decision would seem more properly to belong to
the legislative power, yet as the law has imposed
it upon the executive department the duty ought to
be faithfully and firmly met, and the decision made
and executed upon the best lights that can be obtained
and the best judgment that can be formed. It
would ill become the executive branch of the Government
to shrink from any duty which the law imposes on it,
to fix upon others the responsibility which justly
belongs to itself. And while the President anxiously
wishes to abstain from the exercise of doubtful powers
and to avoid all interference with the rights and duties
of others, he must yet with unshaken constancy discharge
his own obligations, and can not allow himself to
turn aside in order to avoid any responsibility which
the high trust with which he has been honored requires
him to encounter; and it being the duty of one of the
Executive Departments to decide in the first instance,
subject to the future action of the legislative power,
whether the public deposits shall remain in the Bank
of the United States until the end of its existence
or be withdrawn some time before, the President has
felt himself bound to examine the question carefully
and deliberately in order to make up his judgment
on the subject, and in his opinion the near approach
of the termination of the charter and the public considerations
heretofore mentioned are of themselves amply sufficient
to justify the removal of the deposits, without reference
to the conduct of the bank or their safety in its
keeping.
But in the conduct of the bank may be found other
reasons, very imperative in their character, and which
require prompt action. Developments have been
made from time to time of its faithlessness as a public
agent, its misapplication of public funds, its interference
in elections, its efforts by the machinery of committees
to deprive the Government directors of a full knowledge
of its concerns, and, above all, its flagrant misconduct
as recently and unexpectedly disclosed in placing
all the funds of the bank, including the money of the
Government, at the disposition of the president of
the bank as means of operating upon public opinion
and procuring a new charter, without requiring him
to render a voucher for their disbursement. A
brief recapitulation of the facts which justify these
charges, and which have come to the knowledge of the
public and the President, will, he thinks, remove
every reasonable doubt as to the course which it is
now the duty of the President to pursue.
We have seen that in sixteen months ending in May,
1832, the bank had extended its loans more than $28,000,000,
although it knew the Government intended to appropriate
most of its large deposit during that year in payment
of the public debt. It was in May, 1832, that
its loans arrived at the maximum, and in the preceding
March so sensible was the bank that it would not be
able to pay over the public deposit when it would