TheunconstitutionalBank ATimeLineoftheNationalBank December 14, 1790 Alexander Hamilton proposes a Bank of the United States. December 16, 1790 Patrick Henry opposes the National bank because it is unconstitutional. February 25, 1791 President Washington asks his cabinet members for opinions on the National Bank. Thomas Jefferson submitted that such a Bank was unconstitutional and would also violate the yet to be ratified 10th Amendment. Thomas Jefferson: The incorporation of a bank, and the powers assumed by this bill, has not, in my opinion, been delegated to the United States by the Constitution. I. They are not among the powers specially enumerated... II. Nor are they within either of the general phrases, which are the two following: 1. "To lay taxes to provide for the general welfare of the United States.”... The [Congress] are not to do anything they please, to provide for the general welfare, but only to lay taxes for that purpose... It was intended to lace them up straightly within the enumerated powers, and those without which, as means, these powers could not be carried into effect... 2. The second general phase is, "to make all laws necessary and proper for carrying into execution the enumerated powers." But they can all be carried into execution without a bank. A bank, therefore, is not necessary, and consequently not authorized by this phrase. TheunconstitutionalBank ATimeLineoftheNationalBank It has been much urged that a bank will give great facility or convenience in the collection of taxes. Suppose this was true; yet the Constitution allows only the means which are "necessary" not those which are merely "convenient," for affecting the enumerated power. Alexander Hamilton submitted that Congress's power to collect taxes was also power to create a national bank. Not convinced by either side, Washington sided with Hamilton as it was Hamilton's job as Secretary of the Treasury to know what he was doing. December 12, 1791 The Bank of the United States opens its doors in Philadelphia. January 21, 1793 Hamilton and the National Bank are accused of corruption and mismanagement. Opponents to the National Bank call for the demise of the unconstitutional Bank. Congress fails to act. Alexander Hamilton: During the winter of 1792-93, Congress was investigating financial dealings of Alexander Hamilton, the first Secretary of the Treasury. Hamilton had made secret payments to James Reynolds, a convicted swindler whose release from prison had been allowed by the Treasury Department. Hamilton was forced to admit to members of Congress that he had made the payments, but characterized them as bribes to prevent public disclosure of adultery Hamilton had committed with Reynolds’s wife, Maria. Those encounters occurred in Reynolds’s bed while he was away and in Hamilton's bed while his wife was away. TheunconstitutionalBank ATimeLineoftheNationalBank Paying for Reynolds' silence was only part of the cover-up. Hamilton had Mrs. Reynolds burn incriminating correspondence and promised to pay for the Reynolds' travel costs if they would get out of town. When the members of Congress, including future president James Monroe, heard the confession, they decided the matter was private, not public, and no impeachable offense had occurred. They conspired with Hamilton and among themselves to keep it all a secret. President Washington, Secretary of State Thomas Jefferson (who hated Hamilton) and House minority leader James Madison was all aware of the confession but did not make it public. In 1797, a disgruntled former clerk of the House leaked the story to a muckraking journalist, and the whole nation heard about it. What was the result? In 1798, then-President Adams and former President Washington nominated Hamilton to be inspector general of the new U.S. Army, second in command to Washington himself. The other founding fathers still remained their respectful silence, and Hamilton was confirmed by the Senate. Note: Some historians believe that Alexander Hamilton fabricated the affair and bribes to cover-up his illegal activities of selling insider information to a select number of friends. A sex scandal was easier to cover-up than a national banking scandal. February 20, 1811 Congress refuses to let the National Bank renew its Charter on the grounds that the Bank is unconstitutional. March 4, 1811 The Bank of the United States is dissolved. January 20, 1815 President Madison vetoes a bill that would create a second National Bank. TheunconstitutionalBank ATimeLineoftheNationalBank January 8, 1816 Faced with financial hardship from the War of 1812, Congress proposes a 2nd National Bank. The Bill also allows the President to suspend hard currency. March 14, 1816 The 2nd National Bank gets Congressional approval. January 1, 1817 The 2nd National Bank opens for business. January 9, 1832 The 2nd National Bank applies for its Charter renewal 4 years early. July 10, 1832 President Jackson vetoes the Bank's re-charter on the grounds that the Bank is unconstitutional. Andrew Jackson: On the advice of Senators Clay and Webster, Nicholas Biddle, the president of the Bank of the United States, applied to Congress for a recharter bill in 1832, four years in advance of the expiration date of the old bill. The recharter bill passed, but Jackson vetoed it and the supporters of the bill were unable to gather enough votes to override the veto. In this message, drafted by Amos Kendall, a member of Jackson's "Kitchen Cabinet," the President attacks the bank as undemocratic, monopolistic, parasitical, and, because it was controlled by foreigners, a danger to the future of the republic itself. Andrew Jackson, Bank Veto Message, July 10, 1832 TheunconstitutionalBank ATimeLineoftheNationalBank The present corporate body, denominated the president, directors, and company of the Bank of the United States, will have existed at the time this act is intended to take effect twenty years. It enjoys an exclusive privilege of banking under the authority of the General Government, a monopoly of its favor and support, and, as a necessary consequence, almost a monopoly of the foreign and domestic exchange. The powers, privileges, and favors bestowed upon it in the original charter, by increasing the value of the stock far above its par value, operated as a gratuity of many millions to the stockholders.... The act before me proposes another gratuity to the holders of the same stock, and in many cases to the same men, of at least seven millions more....It is not our own citizens only who are to receive the bounty of our Government. More than eight millions of the stocks of this bank are held by foreigners. By this act the American Republic proposes virtually to make them a present of some millions of dollars. Every monopoly and all exclusive privileges are granted at the expense of the public, which ought to receive a fair equivalent. The many millions which this act proposes to bestow on the stockholders of the existing bank must come directly or indirectly out of the earnings of the American people.... It appears that more than a fourth part of the stock is held by foreigners and the residue is held by a few hundred of our own citizens, chiefly of the richest class. Is there no danger to our liberty and independence in a bank that in its nature has so little to bind it to our country? The president of the bank has told us that most of the State banks exist by its forbearance. Should its influence become concentered, as it may under the operation of such an act as this, in the hands of a self-elected directory whose interests are identified with those of the foreign stockholders, will there not be cause to tremble for the purity of our elections in peace and for the TheunconstitutionalBank ATimeLineoftheNationalBank independence of our country in war? Their power would be great whenever they might choose to exert it; but if this monopoly were regularly renewed every fifteen or twenty years on terms proposed by themselves, they might seldom in peace put forth their strength to influence elections or control the affairs of the nation. But if any private citizen or public functionary should interpose to curtail its powers or prevent a renewal of its privileges, it can not be doubted that he would be made to feel its influence. It is to be regretted that the rich and powerful too often bend the acts of government to their selfish purposes. Distinctions in society will always exist under every just government. Equality of talents, of education, or of wealth can not be produced by human institutions. In the full enjoyment of the gifts of Heaven and the fruits of superior industry, economy, and virtue, every man is equally entitled to protection by law; but when the laws undertake to add to these natural and just advantages artificial distinctions, to grant titles, gratuities, and exclusive privileges, to make the rich richer and the potent more powerful, the humble members of society the farmers, mechanics, and laborers who have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their Government. There are no necessary evils in government. Its evils exist only in its abuses. If it would confine itself to equal protection, and, as Heaven does its rains, shower its favors alike on the high and the low, the rich and the poor, it would be an unqualified blessing. In the act before me there seems to be a wide and unnecessary departure from these just principles. Nor is our Government to be maintained or our Union preserved by invasions of the rights and powers of the several States. In thus attempting to make our General Government strong we make it weak. Its true strength consists in leaving individuals and States as much as possible to themselves in making itself felt, not in its power, but in its beneficence; not in its control, but in its protection; not in binding the States more closely to the center, but leaving each to move unobstructed in its proper orbit. TheunconstitutionalBank ATimeLineoftheNationalBank Experience should teach us wisdom. Most of the difficulties our Government now encounters and most of the dangers which impend over our Union have sprung from an abandonment of the legitimate objects of Government by our national legislation, and the adoption of such principles as are embodied in this act. Many of our rich men have not been content with equal protection and equal benefits, but have besought us to make them richer by act of Congress. By attempting to gratify their desires we have in the results of our legislation arrayed section against section, interest against interest, and man against man, in a fearful commotion which threatens to shake the foundations of our Union. It is time to pause in our career to review our principles, and if possible revive that devoted patriotism and spirit of compromise which distinguished the sages of the Revolution and the fathers of our Union. If we can not at once, in justice to interests vested under improvident legislation, make our Government what it ought to be, we can at least take a stand against all new grants of monopolies and exclusive privileges, against any prostitution of our Government to the advancement of the few at the expense of the many, and in favor of compromise and gradual reform in our code of laws and system of political economy.... 1835: Jackson withdrawals government's money from the National Bank. (Federal Reserve) 1836: Jackson pays off national debt by using real money instead of reserve type notes. January 1835 With the National Bank powerless, Jackson successfully pays off the nation’s debt leaving the U.S. with a surplus of $5,000. July 11, 1836 Paper money results in tremendous inflation in property value. President Jackson issues a Specie Circular mandating that land payments be made TheunconstitutionalBank ATimeLineoftheNationalBank with gold and silver. July 4, 1840 President Van Buren approves the Independent Treasury which allows the Federal government to control its own money. June 7, 1841 Henry Clay, on behalf of the Whig party, introduces legislation to abolish the Independent Treasury in hopes to replace the national banking system with a Federal Bank. July 28, 1841 The Senate passes a bill, sponsored by the Whig party, to revive the 2nd National Bank by creating a Federal Bank that would be called The Fiscal Bank of the United States. (A State chartered Bank for the District of Columbia that would be used by the U.S. Government.) President Tyler vetoes the bill as unconstitutional. August 13, 1841 The Independent Treasury Act is repealed leaving the National government without a Banking system for the next 5 years. The Secretary of the Treasury deposits the government's money into State Banks. September 3, 1841 Congress again tries to create a Federal Bank. This time, they set it up to be run by State office holders. Again, President Tyler vetoes it as unconstitutional. September 18, 1873 A flood of paper money snowballs the Nation into a depression that lasts 5 years. TheunconstitutionalBank ATimeLineoftheNationalBank January 14, 1875 The Specie Resumption Act allows legal tender to be exchanged for gold. When the Act goes into affect in 1879, the nation starts to revive from the 1873 depression. 1907: The Nation again goes into a Depression because of paper currency, but J.P. Morgan saves the Nation from a major crisis by providing the government with $100 million dollars in gold. December 23, 1913 In response to the National Depression in 1907, President Wilson gets Congress to pass the Owen-Glass Federal Reserve Act. The Act is intended to better regulate paper money.
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