CHAPTER IX

THE WAR ON THE UNITED STATES BANK

"Nothing lacks now to complete the love-feast," wrote Isaac Hill

sardonically to Thomas H. Benton after the collapse of nullification,

"but for Jackson and Webster to solemnize the coalition [in support of

the Union] with a few mint-juleps! I think I could arrange it, if

assured of the coˆperation of yourself and Blair on our side, and Jerry

Mason and Nick Biddle on theirs. But never fear, my friend. This mixing

of oil and water is only the temporary shake-up of Nullification. Wait

till Jackson gets at the Bank again, and then the scalping-knives will

glisten once more."

The South Carolina controversy had indeed brought Jacksonians and

anti-Jacksonians together. But once the tension was relaxed, there

began the conflict of interests which the New Hampshire editor had

predicted. Men fell again into their customary political relationships;

issues that for the moment had been pushed into the

background--internal improvements, public land policy, distribution of

surplus revenue, and above all the Bank--were revived in full vigor.

Now, indeed, the President entered upon the greatest task to which he

had yet put his hand. To curb nullification was a worthy achievement.

But, after all, Congress and an essentially united nation had stood

firmly behind the Executive at every stage of that performance. To

destroy the United States Bank was a different matter, for this

institution had the full support of one of the two great parties in

which the people of the country were now grouped; Jackson's own party

was by no means a unit in opposing it; and the prestige and influence

of the Bank were such as to enable it to make a powerful fight against

any attempts to annihilate it.

The second Bank of the United States was chartered in 1816 for twenty

years, with a capital of thirty-five million dollars, one-fifth of

which had been subscribed by the Government. For some time it was not

notably successful, partly because of bad management but mainly because

of the disturbance of business which the panic of 1819 had produced.

Furthermore, its power over local banks and over the currency system

made it unpopular in the West and South, and certain States sought to

cripple it by taxing out of existence the several branches which the

board of directors voted to establish. In two notable

decisions--M'Culloch vs. Maryland in 1819 and Osborn vs. United States

Bank in 1824--the Supreme Court saved the institution by denying the

power of a State to impose taxation of the sort and by asserting

unequivocally the right of Congress to enact the legislation upon which

the Bank rested. And after Nicholas Biddle, a Philadelphia

lawyer-diplomat, succeeded Langdon Cheves as president of the Bank in

1823 an era of great prosperity set in.

The forces of opposition were never reconciled; indeed, every evidence

of the increasing strength of the Bank roused them to fresh hostility.

The verdict of the Supreme Court in support of the constitutionality of

the Act of 1816 carried conviction to few people who were not already

convinced. The restraints which the Bank imposed upon the dubious

operations of the southern and western banks were vigorously resented.

The Bank was regarded as a great financial monopoly, an "octopus," and

Biddle as an autocrat bent only on dominating the entire banking and

currency system of the country.

On Jackson's attitude toward the Bank before he became President we

have little direct information. But it is sufficiently clear that

eventually he came to share the hostile views of his Tennessee friends

and neighbors. In 1817 he refused to sign a memorial "got up by the

aristocracy of Nashville" for the establishment of a branch in that

town. When, ten years later, such a branch was installed, General

Thomas Cadwalader of Philadelphia, agent of the Bank, visited the town

to supervise the arrangements and became very friendly with the "lord

of the Hermitage." But correspondence of succeeding years, though

filled with insinuating cordiality, failed to bring out any expression

of goodwill toward the institution such as the agent manifestly

coveted.

Jackson seems to have carried to Washington in 1829 a deep distrust of

the Bank, and he was disposed to speak out boldly against it in his

inaugural address. But he was persuaded by his friends that this would

be ill-advised, and he therefore made no mention of the subject. Yet he

made no effort to conceal his attitude, for he wrote to Biddle a few

months after the inauguration that he did not believe that Congress had

power to charter a bank outside of the District of Columbia, that he

did not dislike the United States Bank more than other banks, but that

ever since he had read the history of the South Sea Bubble he had been

afraid of banks. After this confession the writer hardly needed to

confess that he was "no economist, no financier."

Most of the officers of the "mother bank" at Philadelphia and of the

branches were anti-Jackson men, and Jackson's friends put the idea into

his mind that the Bank had used its influence against him in the late

campaign. Specific charges of partizanship were brought against

Jeremiah Mason, president of the branch at Portsmouth, New Hampshire;

and although an investigation showed the accusation to be groundless,

Biddle's heated defense of the branch had no effect save to rouse the

Jacksonians to a firmer determination to compass the downfall of the

Bank.

Biddle labored manfully to stem the tide. He tried to improve his

personal relations with the President, and he even allowed Jackson men

to gain control of several of the western branches. The effort,

however, was in vain. When he thought the situation right, Biddle

brought forward a plan for a new charter which received the assent of

most of the members of the official Cabinet, as well as that of some of

the "Kitchen" group. But Jackson met the proposal with his unshakable

constitutional objections and, to Biddle's deep disappointment,

advanced in his first annual message to the formal, public assault. The

Bank's charter, he reminded Congress, would expire in 1836; request for

a new charter would probably soon be forthcoming; the matter could not

receive too early attention from the legislative branch. "Both the

constitutionality and the expediency of the law creating this bank,"

declared the President, "are well questioned by a large portion of our

fellow-citizens; and it must be admitted by all that it has failed in

the great end of establishing a uniform and sound currency." The first

part of the statement was true, but the second was distinctly unfair.

The Bank, to be sure, had not established "a uniform and sound"

currency. But it had accomplished much toward that end and was

practically the only agency that was wielding any influence in that

direction. The truth is that the more efficient the Bank proved in this

task the less popular it became among those elements of the people from

which Jackson mainly drew his strength.

Nothing came of the President's admonition except committee reports in

the two Houses, both favorable to the Bank; in fact, the Senate report

was copied almost verbatim from a statement supplied by Biddle. A year

later Jackson returned to the subject, this time with an alternative

plan for a national bank to be organized as a branch of the Treasury

and hence to have "no means to operate on the hopes, fears, or

interests of large masses of the community." In a set of autograph

notes from which the second message was prepared the existing Bank was

declared not only unconstitutional but dangerous to liberty, "because

through its officers, loans, and participation in politics it could

build up or pull down parties or men, because it created a monopoly of

the money power, because much of the stock was owned by foreigners,

because it would always support him who supported it, and because it

weakened the state and strengthened the general government." Congress

paid no attention to either criticisms or recommendations, and the

supporters of the Bank took fresh heart.

When Congress again met, in December, 1831, a presidential election was

impending and everybody was wondering what part the bank question would

play. Most Democrats were of the opinion that the subject should be

kept in the background. After all, the present bank charter had more

than four years to run, and there seemed to be no reason for injecting

so thorny an issue into the campaign. With a view to keeping the bank

authorities quiet, two members of the reconstructed Cabinet, Livingston

and McLane, entered into a modus vivendi with Biddle under which the

Administration agreed not to push the issue until after the election.

In his annual report as Secretary of the Treasury, McLane actually made

an argument for rechartering the Bank; and in his message of the 6th of

December the President said that, while he still held "the opinions

heretofore expressed in relation to the Bank as at present organized,"

he would "leave it for the present to the investigation of an

enlightened people and their representatives." He had been persuaded

that his own plan for a Bank, suggested a year earlier, was not

feasible.

Biddle now made a supreme mistake. Misled in some degree unquestionably

by the optimistic McLane, he got the idea that Jackson was weakening,

that the Democrats were afraid to take a stand on the subject until

after the election, and that now was the strategic time to strike for a

new charter. In this belief he was further encouraged by Clay, Webster,

and other leading anti-Administration men, as well as by McDuffie, a

Calhoun supporter and chairman of the Ways and Means Committee of the

House. There was small doubt that a bill for a new charter could be

carried in both branches of Congress. Jackson must either sign it,

argued Biddle's advisers, or run grave risk of losing Pennsylvania and

other commercial States whose support was necessary to his election. On

the other hand, Biddle was repeatedly warned that an act for a new

charter would be vetoed. He chose to press the issue and on January 9,

1832, the formal application of the Bank for a renewal of its charter

was presented to Congress, and within a few weeks bills to recharter

were reported in both Houses.

Realizing that defeat or even a slender victory in Congress would be

fatal, the Bank flooded Washington with lobbyists, and Biddle himself

appeared upon the scene to lead the fight. The measure was carried by

safe majorities--in the Senate, on the 11th of June, by a vote of 28 to

20, and in the House on the 3d of July, by a vote of 107 to 86. To the

dismay of the bank forces, although it ought not to have been to their

surprise, Jackson was as good as his word. On the 10th of July the bill

was vetoed. The veto message as transmitted to the Senate was probably

written by Taney, but the ideas were Jackson's--ideas which, so far as

they relate to finance and banking operations, have been properly

characterized as "in the main beneath contempt." The message, however,

was intended as a campaign document, and as such it showed great

ingenuity. It attacked the Bank as a monopoly, a "hydra of corruption,"

and an instrumentality of federal encroachment on the rights of the

States, and in a score of ways appealed to the popular distrust of

capitalistic institutions. The message acquired importance, too, from

the President's extraordinary claim to the right of judging both the

constitutionality and the expediency of proposed legislation,

independently of Congress and the Courts.

The veto plunged the Senate into days of acrid debate. Clay pronounced

Jackson's construction of the veto power "irreconcilable with the

genius of representative government." Webster declared that

responsibility for the ruin of the Bank and for the disasters that

might follow would have to be borne by the President alone. Benton and

other prominent members, however, painted Jackson as the savior of his

country; and the second vote of 22 to 19 yielded a narrower majority

for the bill than the first had done. Thus the measure perished.

The bank men received the veto with equanimity. They professed to

believe that the balderdash in which the message abounded would make

converts for their side; they even printed thirty thousand copies of

the document for circulation. Events, however, did not sustain their

optimism. In the ensuing campaign the Bank became, by its own choice,

the leading issue. The National Republicans, whose nominee was Clay,

defended the institution and attacked the veto; the Jacksonians

reiterated on the stump every charge and argument that their leader had

taught them. The verdict was decisive. Jackson received 219 and Clay 49

electoral votes.

The President was unquestionably right in interpreting his triumph as

an endorsement of the veto, and he naturally felt that the question was

settled. The officers and friends of the Bank still hoped, however, to

snatch victory from defeat. They had no expectation of converting

Jackson or of carrying a charter measure at an early date. But they

foresaw that to wind up the business of the Bank in 1836 it would be

necessary to call in loans and to withdraw a vast amount of currency

from circulation, with the result of a general disturbance, if not a

severe crippling, of business. This, they thought, would bring about an

eleventh-hour measure giving the Bank a new lease of life.

Jackson, too, realized that a sudden termination of the activities of

the Bank would derange business and produce distress, and that under

these circumstances a charter might be wrung from Congress in spite of

a veto. But he had no intention of allowing matters to come to such a

pass. His plan was rather to cut off by degrees the activities of the

Bank, until at last they could be suspended altogether without a shock.

The most obvious means of doing this was to withdraw the heavy deposits

made by the Government; and to this course the President fully

committed himself as soon as the results of the election were known. He

was impelled, further, by the conviction--notwithstanding unimpeachable

evidence to the contrary--that the Bank was insolvent, and by his

indignation at the refusal of Biddle and his associates to accept the

electoral verdict as final. "Biddle shan't have the public money to

break down the public administration with. It's settled. My mind's made

up." So the President declared to Blair early in 1833. And no one could

have any reasonable doubt that decisive action would follow threat.

It was not, however, all plain sailing. Under the terms of the charter

of 1816 public funds were to be deposited in the Bank and its branches

unless the Secretary of the Treasury should direct that they be placed

elsewhere; and such deposits elsewhere, together with actual

withdrawals, were to be reported to Congress, with reasons for such

action. McLane, the Secretary of the Treasury, was friendly toward the

Bank and could not be expected to give the necessary orders for

removal. This meant that the first step was to get a new head for the

Treasury. But McLane was too influential a man to be summarily

dismissed. Hence it was arranged that Livingston should become Minister

to France and that McLane should succeed him as Secretary of State.

The choice of the new Secretary of the Treasury would have been a

clever stroke if things had worked out as Jackson expected. The

appointee was William J. Duane, son of the editor of the Aurora, which

had long been the most popular and influential newspaper in

Pennsylvania. This State was the seat of the "mother bank" and,

although a Jackson stronghold, a cordial supporter of the proscribed

institution; so that it was well worth while to forestall criticism in

that quarter, so far as might be, by having the order for removal

issued by a Pennsylvanian. Duane, however, accepted the post rather

because he coveted office than because he supported the policy of

removal, and when the test came Jackson found to his chagrin that he

still had a Secretary who would not take the desired action. There was

nothing to do but procure another; and this time he made no mistake.

Duane, weakly protesting, was dismissed, and Roger B. Taney, the

Attorney-General, was appointed in his stead. "I am fully prepared to

go with you firmly through this business," Jackson was assured by the

new Secretary, "and to meet all its consequences."

The way was now clear, and an order was issued requiring all treasury

receipts after October 1, 1833, to be deposited in the Girard Bank of

Philadelphia and twenty-two other designated state banks. Deposits in

the United States Bank and its branches were not immediately "removed";

they were left, rather, to be withdrawn as the money was actually

needed. Nevertheless there was considerable disturbance of business,

and deputation after deputation came to the White House to ask that

Taney's order be rescinded. Jackson, however, was sure that most of the

trouble was caused by Biddle and his associates, and to all these

appeals he remained absolutely deaf. After a time he refused so much as

to see the petitioners. In his message of the 3d of December he assumed

full responsibility for the removals, defending his course mainly on

the ground that the Bank had been "actively engaged in attempting to

influence the elections of the public officers by means of its money."

From this point the question became entirely one of politics. The Bank

itself was doomed. On the one side, the National Republicans united in

the position that the Administration had been entirely in the wrong,

and that the welfare of the country demanded a great fiscal institution

of the character of the Bank. On the other side, the Democrats,

deriving, indeed, a new degree of unity from the controversy on this

issue, upheld the President's every word and act. "You may continue,"

said Benton to his fellow partizans in the Senate, "to be for a bank

and for Jackson, but you cannot be for this Bank and Jackson." Firmly

allied with the Bank interests, the National Republicans resolved to

bring all possible discomfiture upon the Administration.

The House of Representatives was controlled by the Democrats, and

little could be accomplished there. But the Senate contained not only

the three ablest anti-Jacksonians of the day--Clay, Webster,

Calhoun--but an absolute majority of anti-Administration men; and there

the attack was launched. On December 26, 1833, Clay introduced two

resolutions declaring that in the removal of the deposits the President

had "assumed upon himself authority and power not conferred by the

Constitution and laws but in derogation of both," and pronouncing

Taney's statement of reasons "unsatisfactory and insufficient." After a

stormy debate, both resolutions in slightly amended form were carried

by substantial majorities.

Jackson was not in the habit of meekly swallowing censure, and on the

15th of April he sent to the Senate a formal protest, characterizing

the action of the body as "unauthorized by the Constitution, contrary

to its spirit and to several of its express provisions," and

"subversive of that distribution of the powers of government which it

has ordained and established." Aside from a general defense of his

course, the chief point that the President made was that the

Constitution provided a procedure in cases of this kind, namely

impeachment, which alone could be properly resorted to if the

legislative branch desired to bring charges against the Executive. The

Senate was asked respectfully to spread the protest on its records.

This, however, it refused to do. On the contrary, it voted that the

right of protest could not be recognized; and it found additional

satisfaction in negativing an unusual number of the President's

nominations.

Throughout the remainder of his second Administration Jackson

maintained his hold upon the country and kept firm control in the lower

branch of Congress. Until very near the end, the Senate, however,

continued hostile. During the debate on the protest Benton served

notice that he would introduce, at each succeeding session, a motion to

expunge the resolution of censure. Such a motion was made in 1835, and

again in 1836, without result. But at last, in January, 1837, after a

debate lasting thirteen hours, the Senate adopted, by a vote of 24 to

19, a resolution meeting the Jacksonian demand.

The manuscript journal of the session of 1833-1834 was brought into the

Senate, and the secretary, in obedience to the resolution, drew black

lines around the resolution of censure, and wrote across the face

thereof, "in strong letters," the words: "Expunged by order of the

Senate, this sixteenth day of January, in the year of our Lord 1837."

Many members withdrew rather than witness the proceeding; but a crowded

gallery looked on, while Benton strengthened his supporters by

providing "an ample supply of cold hams, turkeys, rounds of beef,

pickles, wines, and cups of hot coffee" in a near-by committee-room.

Jackson gave a dinner to the "expungers" and their wives, and placed

Benton at the head of the table. That the action of the Senate was

unconstitutional interested no one save the lawyers, for the Bank was

dead. Jackson was vindicated, and the people were enthroned. π

π MacDonald, Jacksonian Democracy, p. 239.

The struggle thus brought to a triumphant close was one of the severest

in American political history. In 1836 the Bank obtained a charter from

Pennsylvania, under the name of the Bank of the United States of

Pennsylvania, and all connection between it and the Federal Government

ceased. The institution and the controversies centering about it left,

however, a deep impress upon the financial and political history of our

fifth and sixth decades. It was the bank issue, more than anything

else, that consolidated the new political parties of the period. It was

that issue that proved most conclusively the hold of Jackson upon

public opinion. And it was the destruction of the Bank that capped the

mid-century reaction against the rampant nationalism of the decade

succeeding the War of 1812. The Bank itself had been well managed,

sound, and of great service to the country. But it had also showed

strong monopolistic tendencies, and as a powerful capitalistic

organization it ran counter to the principles and prejudices which

formed the very warp and woof of Jacksonian democracy.

For more than a decade after the Bank was destroyed the United States

had a troubled financial history. The payment of the last dollar of the

national debt in 1834 gave point to a suggestion which Clay had

repeatedly offered that, as a means of avoiding an embarrassing

surplus, the proceeds of the sales of public lands should be

distributed according to population among the States. One bill on this

subject was killed by a veto in 1832, but another was finally approved

in 1836. Before distribution could be carried far, however, the country

was overtaken by the panic of 1837; and never again was there a surplus

to distribute. For seven years the funds of the Government continued to

be kept in state banks, until, in 1840, President Van Buren prevailed

upon Congress to pass a measure setting up an independent treasury

system, thereby realizing the ultimate purpose of the Jacksonians to

divorce the Government from banks of every sort. When the Whigs came

into power in 1841, they promptly abolished the independent Treasury

with a view to resurrecting the United States Bank. Tyler's vetoes,

however, frustrated their designs, and it remained for the Democrats in

1846 to revive the independent Treasury and to organize it

substantially as it operates today.

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