3.—Sales of coin, especially American coin. The Bank had bought and sold foreign coin by weight, and had sold $84,734.44 of American gold coin. The majority held that the foreign coins were not bullion because Congress had fixed their value by law. Adams easily controverted this. All gold coins at that time, American included, were a commodity, not money.
4.—Sales of public stocks. The Bank was forbidden by its charter to sell public stocks. In 1824, upon a refunding of the public debt, the Bank subscribed for a new issue. It had special permission by act of Congress to sell them. Nevertheless the majority disapproved of the sale.
5.—Gifts to roads, canals, etc. The Bank had made two subscriptions of $1,500 each to the stock of turnpike companies. The other cases were all petty gifts to fire companies, etc. The majority argued that since the administration had pronounced against internal improvements, the Bank ought not to have assisted any such works. Adams said that the administration had opposed internal improvements on the ground that they were unconstitutional when undertaken by the federal government; but he asked what argument that furnished against such works when undertaken by anybody else. The petty gifts were such as it was thought for the interest of the Bank to make, as douceurs, etc. As it was an expenditure of the stockholders' money, it seemed to belong to them alone to complain of it.
6.—Building houses to rent or sell. The Bank had been obliged in some cases to take real estate for debts. When it could not sell, it had in a few cases improved. The amount was trivial and the cases such as involved no intentional violation of the charter.
These points were the alleged violations of the charter. The charge of non-user in failing to issue notes in the South and West for seven years Biddle met with a point blank denial. Adams pointed out that these charges would only afford ground for a scire facias to go before the jury on the facts.
The charges of mismanagement and the truth about them, so far as we can ascertain, were as follows:
1.—Subsidizing the press. Webb and Noah of the "Courier and Inquirer" (administration organ until April, 1831, when it went into opposition on the Bank question) were borrowers from the Bank. Noah got a loan from it through Silas Burrows, with which to buy half the paper. When two New York banks refused discounts to Webb and Noah, they got long and large loans from the United States Bank. If these transactions had been openly avowed, they would have had no importance, but the attempt was made to cover them over by excuses and explanations which produced a bad effect. Gales and Seaton of the "National Intelligencer" (independent opposition), Duff Green of the "Telegraph" (Calhoun's organ and therefore administration, until the spring of 1831) and Thomas Ritchie of the "Richmond Inquirer" (administration) were on the books of the Bank as borrowers. The change of party by the "Courier and Inquirer" was regarded as very significant. Adams said that there was no law against subsidizing
