CHAPTER XII.

THE BANK, THE SUB-TREASURY, AND PARTY DEVELOPMENT BETWEEN 1832 AND

1842

Jackson and the Bank after the Election of 1832--The Power of the

Secretary of the Treasury over the Government Deposits--Removal of

McLane and Duane--Taney's Report to Congress of December 3rd,

1835--Abuses of Power by Jackson and Taney--The Senate's Censure of

the President and Secretary of the Treasury--National Republicans Take

the Name of Whigs--The Cardinal Doctrine of the Whigs--The Change of

the Deposits, and the Specie Order of 1836--Van Buren's Election and

the Panic of "'37"--The Sub-Treasury Idea--The Establishment of the

Sub-Treasury System--The Election of 1840--Whig Legislative Projects

in Regard to the Bank and the Tariff--The Party Treason of Tyler and

the Whig War upon the President's Veto Power--The Whigs Unable to

Encounter the Questions of Territorial Extension and Slavery

Extension.

When the violent agitation of the slavery question, in the middle of

the fourth decade, came so suddenly upon the nation, it found the

great political parties divided upon issues which partook more of the

character of economic policies than that of rights, or of governmental

forms and powers. It is true that the protective tariff, the Bank, and

internal improvements had been denounced by some persons as

unconstitutional, but neither party held this view of these subjects

at the beginning of the fourth decade of the century. They were

regarded by the two great parties from the point {279} of view of

economic policy, and were supported or opposed by them on the ground

of conduciveness or lack of conduciveness to the public welfare. More

exactly, the Bank was the chief political issue between 1832 and 1840.

It was in the conflict between Congress and the President in regard to

the Bank that the national Republicans took the title of Whigs,

anti-prerogative men.

[Sidenote: Jackson and the Bank after the election of 1832.]

After the election of 1832 upon the Bank issue, President Jackson,

naturally for him, regarded himself as the only representative of the

present will of the people in the Government. The Congress, at the

time of the election, was, as we know, favorable to the Bank. The

newly elected members of the House of Representatives would not

assemble for a year probably, and the Senate would probably sustain

the Bank after that. The President, therefore, resolved to do by edict

what Congress would not do by statute--destroy the Bank.

[Sidenote: The power of the Secretary of the Treasury over the

Government deposits.]

The sixteenth section of the Bank Act provided that the funds of the

United States should be deposited in the Bank or its branches, unless

the Secretary of the Treasury should at any time otherwise order and

direct. The Secretary of the Treasury was thus impliedly authorized by

Congress to cease depositing these funds in the Bank or its branches

at his own discretion, and was made directly responsible to Congress

in the exercise of this authority, by the provision that he must

report, so soon as possible, to Congress his reasons for making use of

the power. The President thus had no direct authority in the matter.

He could exercise only an indirect control through his power over the

tenure of the Secretary. At this period in the history of the tenure

of office in the United States, the power of removal was regarded as a

prerogative of the President alone.

{280} [Sidenote: Removal of McLane and Duane.]

President Jackson was within the letter of his prerogative when, in

the spring of 1833, he removed Mr. McLane, and later, Mr. Duane, from

the secretaryship of the Treasury. That he did this because of their

refusal to be controlled by him in regard to the deposit of the funds

of the United States in the Bank and its branches was, legally, no

concern of anybody else.

[Sidenote: Taney's report to Congress of December 3rd, 1835.]

The new Secretary, Mr. Taney, appointed to succeed Mr. Duane, was also

acting within the letter of his authority when he ceased to make

deposit of the Government funds in the Bank and its branches, and

reported his action to Congress at the commencement of the session

following the recess of Congress during which he made this change.

[Sidenote: Abuses of power by Jackson and Taney.]

On the other hand, it was very questionable whether the President was

not abusing his power of dismissal from office, in spirit, by

requiring the obedience of the Secretary of the Treasury to himself in

regard to a subject concerning which Congress had vested discretionary

power in the Secretary, and in the use of which power Congress had

made the Secretary directly and exclusively responsible to itself. And

it was likewise very questionable whether the Secretary was not

abusing his authority, in spirit, in ceasing, during a recess of

Congress, to deposit the funds of the United States in the Bank and

its branches, when, less than a year before this, Congress had made a

full investigation of the condition of the Bank and had disapproved,

by large majorities in both Houses, of the President's recommendation

that the deposits be made elsewhere than in the Bank and its branches.

Secretary Taney, afterward Chief Justice, to whose legal opinions,

therefore, great respect must be paid, {281} contended that Congress

itself could not have caused the removal of the deposits without

violating the contract with the Bank, as expressed in the Bank's

charter, and that the Secretary of the Treasury alone was exempted

from this obligation by the provisions of the contract. The Secretary

alone, he said, could, therefore, act for the welfare of the people in

the matter, and by the oath which he had sworn upon the Constitution

he must so act. He declared it to be his conviction that the public

welfare would suffer by his continuing to deposit the funds of the

Government in the Bank and its branches, and that he felt, therefore,

in duty bound to make the order discontinuing the same.

[Sidenote: The Senate's censure of the President and Secretary of the

Treasury.]

The Senate, however, took a different view of the subject. It

considered the act of the Secretary to have been done under the order

of the President, and in condemnatory resolutions held the President

responsible therefor. These resolutions of censure connected the

Secretary with the President, however, by declaring the reasons

offered by the Secretary for the change in regard to the deposits to

be "unsatisfactory and insufficient." The President made a vigorous

protest against the Senate's resolution charging him with usurpation,

and flung the accusation back at the body. He certainly showed that

the Senate had no constitutional power to make any such charge against

the President; and Senator Benton immediately gave notice that he

should move the expunging of the resolutions from the journal at every

session of Congress until it should be accomplished.

[Sidenote: National Republicans take the name of Whigs.]

It was in the midst of this conflict, and in consequence of it, a

conflict in principle between the legislative and executive

departments of the Government, in regard to the extent of their

respective powers, that Mr. James Watson {282} Webb, the editor of the

_New York Courier and Enquirer_, began, about February, 1834, to

denominate, in his newspaper articles, the opposition party to the

President, led by Mr. Clay, Whigs. This title signified opposition to

high executive prerogative, and approval of strong Congressional

control over the President. The name was gradually substituted for

that of National Republicans, as the different members and factions of

the party came together upon the principle involved in the name.

[Sidenote: The cardinal doctrine of the Whigs.]

It seemed, for the moment, as if the parties had returned to the

condition of bands of retainers under the lead of Clay and Jackson

respectively, but this was more apparent than real. There was a real

and comprehensive question at issue, one of the most fundamental

questions of political science, the question of parliamentary

government or presidential government in the United States. The

triumph of President Jackson in this conflict--for the Bank was not

rechartered, the deposits were not restored, and the President was not

impeached, but the Senate's resolutions of censure were

expunged--settled that question, and preserved the American system of

government from further following the tendency which, from the

accession of Jefferson to that of Jackson, had been slowly asserting

itself, the tendency toward Congressional control over the

Administration.

The original character of the Whig party explains many important

things in its composition and subsequent history. In the first place,

it explains why the party was composed, as to its leading element, of

high-toned, courteous gentlemen--the larger part of the aristocracy of

the land--since it is the instinct of the aristocracy to control the

executive through the legislature. It explains further why the Whig

party was unable to {283} cope with the problem of slavery, since its

fundamental principle was not a doctrine of rights, but of

governmental form. It explains, lastly, why, in the development of the

country's history, the defeat of the Whig party was necessary to the

very existence of the country, when the great struggle should come,

since its principle of Congressional control of the Administration

would, if realized, have greatly weakened that executive independence,

power, and unity, without which victory could hardly have been won.

[Sidenote: The change of the deposits, and the specie order of 1836.]

The failure of the Whigs in the campaign of 1836, and their momentary

triumph in that of 1840, were experienced under the true issue of the

Whig principle. The modification of the tariff by the Act of 1833, and

the change of the place of deposit of the funds of the Government,

after October 1st, 1833, from the United States Bank and its branches

to certain Commonwealth banks, designated by the Secretary of the

Treasury, had brought about much business embarrassment, since the one

depressed the manufacturing interests, and the other forced the United

States Bank and its branches to call in the loans made upon the

strength of the Government's deposits. This embarrassment was greatly

increased by the issue of the executive order of July 11th, 1836,

directing that only specie should be taken at the land offices for

public lands. At the moment there was a general speculation in Western

lands, and only those banks which held Government deposits could

furnish their customers with specie; the others, when called upon for

gold and silver in exchange for their notes, were compelled to

suspend.

The Congress, disapproving the favoritism shown by the Secretary of

the Treasury, and, probably foreseeing that a financial crisis of some

sort was impending, had, {284} on June 23rd preceding, passed an Act

ordering a more general distribution of the deposits than the

Secretary of the Treasury had made. After the specie order, and a

little experience with its effect, the demand was raised from every

quarter for an immediate execution of the Act of Congress of June

23rd. The Secretary hastened to carry out the provision, with the

result of driving those banks into insolvency which had been able to

stand, the existing deposit banks, since they had loaned the money of

the Government deposited in them, and were compelled to call in these

loans in the proportion that they were called upon to give up these

deposits, and were left also without the gold and silver of the

Government to redeem their own notes. The sudden calling in of the

loans also forced a great number of the borrowers into insolvency.

[Sidenote: Van Buren's election and the panic of "'37."]

Had the full force of the financial distress come in 1836, instead of

a year later, it might have turned the election against Jackson's

heir, Mr. Van Buren; but as things were, the Van Buren Administration

was established, and had had an opportunity to get a little foothold,

when the financial panic spread over the land. Mr. Van Buren and his

advisers decided very properly not to involve the Government, but to

let the people work themselves through the disaster by the natural

course of business. This, as is usual in such cases, turned hosts of

supporters into opponents.

[Sidenote: The Sub-Treasury idea.]

The Administration, however, pursued the even tenor of its way, and

endeavored to draw the lesson of the experiences with banks as places

of deposit for the funds of the Government. In his message of

September 4th, 1837, President Van Buren recommended that the

Government should cut loose entirely from banks, and should keep its

funds in the {285} United States Treasury, and in branches of the

Treasury, under the control of the officers of the Treasury. The idea

was not original with Mr. Van Buren. Mr. Gordon, of Virginia, had

suggested it in the House of Representatives, during the session of

1834-35, and had offered a plan for its realization, in the form of an

amendment to the bill, then before the House, for regulating the

deposits. Mr. Gordon's amendment was rejected on February 11th, 1835.

The significant thing about it was that the plan was then supported by

Whigs almost exclusively, only one Democrat voting in favor of it. It

is true that only about one-half of the Whigs in the House supported

it, and that it could hardly, therefore, be called a Whig party

measure in 1835. On the other hand, it was certainly then opposed by

the Democratic party.

[Sidenote: The establishment of the Sub-Treasury system.]

Under these circumstances, it was a courageous thing in Mr. Van Buren

to take up the idea anew and recommend it to Congress. Not until the

session of 1839-40, however, was Congress brought to approve the plan

and pass the law of July 4th, 1840, establishing the Sub-Treasury

system for the keeping of the funds of the Government. During the

discussion of the bill in Congress, its principle developed into a

strict party question, the Democrats supporting it and the Whigs

opposing it. The Whigs represented the scheme as an attempt to break

down all the banks in the country, to keep the people's money locked

up in the vaults of the Treasury, instead of maintaining it in

circulation for their benefit, and to make the President the arbiter

of the business of the country, and thus develop still further his

autocratic power. The Whig protest was a capital piece of demagogism,

and it proved immediately and immensely attractive to the people.

Before the summer of 1840 wore {286} away it was entirely clear that

the people had made up their minds to try a Whig administration, and

had arrived at this resolution under the issue of the financial

questions.

[Sidenote: The election of 1840.]

The Whig National Convention had met in December, 1839, and had

adopted no platform of principles. It had conciliated the factional

differences in the Whig ranks by dropping Clay and nominating General

Harrison, the military hero of the party, and the Whigs were now,

therefore, free to strike any note in the campaign which would please

the popular ear. The victory was a clean sweep, and the Whigs

immediately set about the financial legislation, which was, as they

thought, to redeem the country.

[Sidenote: Whig legislative projects in regard to the Bank and the

tariff.]

They had attributed the distress in the country chiefly to the failure

to re-charter the Bank and to the reduction of the tariff.

Consequently, they immediately passed a bill for the incorporation of

a bank, when, to their dismay and confusion, Mr. Tyler, elected

Vice-President, and, upon the sudden death of Mr. Harrison, successor

to the presidential office, vetoed the bill. The leaders of the party

in Congress consulted with the President in regard to a bank bill

which would be acceptable to him, and drafted one which followed his

suggestions in all essential principles, and contained only a few

divergent details, put in probably for the purpose of preserving a

show of legislative independence, but the President considered these

differences essential and vetoed the second bill. The bills for

suspending the reductions of the duties met with the same fate, two of

them being successively vetoed.

After the Bank vetoes all the members of the Cabinet, except the

Secretary of State, Mr. Webster, resigned, and after the tariff vetoes

Mr. Webster retired, so soon {287} as the diplomatic negotiations with

Great Britain, then in progress, permitted.

[Sidenote: The party treason of Tyler and the Whig war upon the

President's veto power.]

The Whigs regarded Mr. Tyler as a traitor to the party and began a war

upon the veto power of the President. They had come back again to

their original principle of government--the supremacy of the

legislature over the executive.

From this account, it is clearly manifest that the Whig party did not

stand upon any fundamental principle which would enable it to meet

successfully those questions which, after the final settlement given

to the bank and tariff issues by the vetoes of President Tyler, came

to the front--the questions of territorial extension and of slavery

extension.

[Sidenote: The Whigs unable to encounter the questions of territorial

extension and slavery extension.]

It might be thought, at first view, that the Democratic party of that

day was no better prepared than the Whig party to encounter these

questions, since it, too, had reached its distinctive position through

its attitude in economic issues. But the strength of the Democratic

party lay in the South, and the South had a strong interest in

territorial extension for the purpose of slavery extension, which, so

long as the Southern wing of the Democratic party ruled the party,

would furnish a clear and definite aim to the policy of the party, and

would, thereby, give it great advantage over the Whigs, whose Northern

and Southern contingents were much more evenly balanced, and,

therefore, as to these questions, less able, or, rather, entirely

unable, to gain a position upon which they might make a common stand.

In a word, as to the Whig party, there was, after 1842, nothing to

take the place of their overthrown economic policies, while, as to the

Democratic party, there was territorial extension for the sake of

slavery extension. When {288} these latter questions came to the

front, therefore, they were destined, sooner or later, to disrupt the

Whig party and destroy it altogether. The whole South would be for

territorial extension, chiefly for the sake of slavery extension, and

a large party at the North would be for territorial extension _per

se_. The opposition to territorial extension must, therefore, become

sectional, and as that opposition came chiefly from the Whig party it

was the Whig party which would be degraded from its national character

by this question, and then destroyed by it and its attendant question

of slavery extension.

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