But the bank has never
asked for an appropriation. It attempts to defeat the provision of the
Constitution and obtain payment without an act of Congress. Instead of
awaiting an appropriation passed by both Houses and approved by the
President, it makes an appropriation for itself and invites an appeal
to the judiciary to sanction it. That the money had not technically
been paid into the Treasury does not affect the principle intended to
be established by the Constitution. The Executive and the judiciary
have as little right to appropriate and expend the public money without
authority of law before it is placed to the credit of the Treasury as to
take it from the Treasury. In the annual report of the Secretary of the
Treasury, and in his correspondence with the president of the bank, and
the opinions of the Attorney-General accompanying it, you will find a
further examination of the claims of the bank and the course it has
pursued.
It seems due to the safety of the public funds remaining in that bank
and to the honor of the American people that measures be taken to
separate the Government entirely from an institution so mischievous to
the public prosperity and so regardless of the Constitution and laws.
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