the residue is held by a few hundred of our own citizens, chiefly of the richest class. For their benefit does this act exclude the whole American people from competition in the purchase of this monopoly and dispose of it for many millions less than it is worth.1

Regarding the issue of constitutionality, he said that he was not bound by the previous decision of the Supreme Court, because the President and Congress had just as much right to decide for themselves whether or not a particular law is constitutional. This view, incidentally, was not novel at that time. It is only in relatively recent decades that people have begun to think of the Supreme Court as being specifically authorized to pass on this question. In fact, as Jackson correctly pointed out in his veto message, the founding fathers created a government with power divided between the executive, legislative, and judicial branches, and that the purpose of this division was, not merely to divvy up the chores, but to balance one branch against the other. The goal was not to make government efficient but to deliberately make it inefficient. Each President and each legislator is morally bound, even by oath, to uphold the Constitution. If each of them does not have the power to 1. Krooss, pp. 22-23.

350 THE CREATURE FROM JEKYLL ISLAND

decide in conscience what is constitutional, then taking an oath to uphold it has little meaning.

THE BANK CONTROLLED BY FOREIGN INVESTORS

Regarding the danger to our national security, Jackson returned to the fact that a major portion of the Bank's stockholders were foreigners. Even though foreign investors technically were not allowed to vote their shares, their financial power was so great that the American investors were clearly beholden to them and would likely follow their instructions. Jackson concluded:

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?... [Is there not] cause to tremble for the purity of our elections in peace and for the independence of our country in war?... Of the course which would be pursued by a bank almost wholly owned by the subjects of a foreign power, and managed by those whose interests, if not affections, would run in the same direction there can be no doubt.... Controlling our currency, receiving our public monies, and holding thousands of our citizens in dependence, it would be more formidable and dangerous than a naval and military power of the enemy.1

Jackson saved the greatest passion of his argument for the end.

Speaking now, not to Congress, but to the voters at large, he said: 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 cannot 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 favor 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.2

1. Krooss, pp. 26-27.

2. Ibid., pp. 36-37.

A DEN OF VIPERS

351

The veto did not defeat the Bank. It was merely a declaration of war. The major battles were yet to come.

BIDDLE'S CONTROL OVER CONGRESS

As Commanding General of the pro-bank forces, Biddle had

one powerful advantage over his adversary. For all practical purposes, Congress was in his pocket. Or, more accurately, the product of his generosity was in the pockets of Congressmen.

Following the Rothschild Formula, Biddle had been careful to reward compliant politicians with success in the business world.

Few of them were willing to bite the hand that fed them. Even the great Senator, Daniel Webster, found himself kneeling at Biddle's throne. Galbraith says:

Biddle was not without resources. In keeping with his belief that banking was the ultimate source of power, he had regularly advanced funds to members of Congress when delay on appropriations bills had held up their pay. Daniel Webster was, at various times, a director of the Bank and on retainer as its counsel. 'I believe my retainer has not been renewed or refreshed as usual. If it be wished that my relation to the Bank should be continued, it may be well to send me the usual retainers.' Numerous other men of distinction had been accommodated, including members of the press.1

Webster is a particularly interesting study in how even so-called 'great' men can be compromised by an addiction to wealth.

He had always been an advocate of sound money in Congress, yet, as a lawyer on Biddle's payroll, he represented the Bank's position before the Supreme Court in McCidloch v. Maryland. Much of the twisted logic that allowed the Court to end-run the Constitution and destroy sound money came from his pen.

After Jackson's veto of the Bank's charter, Biddle requested Webster to deliver speeches specifically for the purpose of having the Bank reprint them for mass distribution. In one of those speeches, Webster echoed the old refrain that the Bank served as a moderating influence on the nation's other banks and then piously proclaimed: 'Congress can alone coin money;... no State (nor even Congress itself) can make anything a tender but gold and silver, in the payment of debts.'2 In an act of astounding hypocrisy, this speech was distributed widely by the very institution that was 1- Galbraith, p. 80.

2. Krooss, p. 2.

352 THE CREATURE FROM JEKYLL ISLAND

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