Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-10-11

should have thought il addressed to the
OF oesaed ne" The statement from the celebra-
'ed IN courier Enquirer, and processes TO give the
proceedings OF Congress the bill TO establish the Trea-
sury department. passed in 1889. II is said, for have
no, access TO the Congress jour that whilst the other
departments are called in the establishing the
Ereeufire Departments that OF the Treasury is MOI, that
the bill was so reporte bat, after discus even
conference between the two houses il altered "a
TO exclude the word Erecutire aud TO define more
ly than in the oil the others the particular duties of
this department. This may be all SOL Tor il il probab bile
That Congress thought expedient To require certain ge.
neral duties OF the Secretary in re aion to the
subject OF the money Transactions oil the with
out leaving them 10 be prescribed by the Presidents and
10 require that reports anu estimates should be made d
rectly TO them from the department This law passed,
oe remembered on the "a September, 1882 the very
day on which Alexander Hamilton was appointed Score
ary That gentlemen, II is well known, was as FESTIVE
under any sort Of control and liked his own way as much
- any other that lived. How far he had any
agency in having his department les, restricted by IA.
control OF the President, than the rest il probably now
only matter OF conjecture, except with the few survv
ing Congress- OF that day lie was then in the meri.
dian OF h influence. and about enter upon duties hic
he performed according to his will aud pleasure
than any other that has succeeded him.
But, putting such vie aside, ask il Compress had mr.
has the power TO change the constitution! l. not the
Treasury Department. in fact and in practice, part OF
the Executive brancI, OF the government! There ar.
only three powers known to the ons iiuon-,he LIE.
g,la,ive, the Judicial and the Execuive And has not
the Constitution expressly declared that "the Executive
power shall be Vested in President the United States
Besides many enumerated powers is made hi. duty TO
take care that the laws be faithfully executed" far
as departments concerned, they essential
srHen's "r the execution OF this highly important duty
aud no man denies the power OF the President TO remove
Tie head OF either OF them That he may be enabled 10
understand the views aud Opinions OF the Secretaries and
judge OF the fidelity with which they are 'execuun-
the laws contded to them, aud control that exercise if
wrong the Constitution gives him power to roure the
OPINION In writing, OF the principal officer in each of the
Executive Departments upon any subjec, relating the
duties OF their respective Offices" Alter clothing him
win Tie whole range of Executive duties snd making
him responsible Tor the faithful execution of all the
would be strange, Indeed, il the performance OF the u
nes and the execution of the laws connected with the
most important department Of the government were not
under his supervision and ronrouI! For what rational
purpose is he authorised 10 call Tor ,orifen opinions
an not the advocate Of any exercise OF power nor
Tor its unnecessary accumulation in one mans hands.
think the Constitution has already tonfded TOO much 10
the President But whilst that instrument tans t mo
give to II practical aud sensible Interpretation.
Whether the Treasury be Erecuiire department, un.
ger he Cons i'u'oh' Is made the main question aud
I'll II be proven TO DC either Legislative or Judicial
must consider it Executive Ii is true that the Bank
charter gives TO the Secretary the authority TO change the
depos'es, and requires him, when he shall do So
port the Tor il the OF Cong res,s
charter does not refer TO the President His power is con-
ferred by the CONSTITUTIONS which is the supreme Iaw-and
whenever he shall think that Secretary goes the
law, or neglects to act up to itor fails to perform no
matter Tor what the executive duties
upon him, the President, being sonsluionay response
BILE, in duty bound TO interfere Ills oath requires him
TO do IL he be entitled 10 ask the advice of his Csbi
net he is not bound by it, either according the theory
Of the Constitution or the practice under it, Marked diff
teTences oil opinion exist among subjects
sometimes in the Interpretation of the panest laws i'm the
code Witness The varieties OF opinion among our Judges
And as TO matters OF expedency and policy,
differences greatly increased Now ask whose OPT.
MON President OF the u. ). ought to follow to saw no.
thing OF his moral sense of duty imposed by his oath
solemn obligations TO his country On the subject OF
deposes, then, il plain that the President had the
power TO control the action OF the Secretary had not
then the Executive power is not vested 10 him. quoad
this subject but in the Secretary Now, how has Con.
gress derived the authority TO strip the Executive of any
part OF his power? Does the failure word Err
ecuue, in creating the Treasury department. dvest of
its plain, obvious character and functions II law re-
quires any officer to execute particular duty, does that
exempt the President from the 10 take care
that that duty performed or does il give TO that Off.
Ger the righto pursue his construction and opinion
OF expediency where any discretion given defiance
oil the responsible Executive head OF the
If the doctrine Of independence in subordinate agents.
commended for, should prevail there will be no unity
or uniformity OF action in of the public SER
vice. 1t will be in the power Of Secretary en-
barrass the whole administration To guard against the
evils OF Persevering obstinacy, the President cloth
ed with the power OF dismissal from office. In the
present case, suppose Mr. Duane had held upon the
Treasury office, and the President had been without the
DISMISSAL what would have be IN the
he President had taken upon himself the constitution
notification OF the law OF Congress chartering the
Bank, on the ground that il demonstrations al:
not being among the granted powers Unnecessary and
proper for the execution OF any of them 1t is conceded
that this was an act Of high responsibility Int it has been
approved by the peoPe-and it sncumbent the Pres
dent demonstrate practically tina, the agency Bank
may he dispensed with in the cole con me nj
OF The revenue or, in other words in the
the the treasury Mr. Duane his
opinion, and without the pow er to control him, or remove
him, the President would have had opportunity during
the whole OF his administration, carry his opinions into
practice and TO justify himself his country and to
tery. In such this, the veto power would he
than nuly But, il the Secretary I've so indie.
pendent why was the power given remove him al
pleasure! Is not The plain one? Berause the
President is made responsible for the exercise OF all the
Executive functions OF the government.
View The subject them in whatever aspect you please
seems clear TO mind-tha il expedent and pro-
per TO change the deposes-tba the President had the
power to cause the Secretary do it, and his failure
remove him from Ohce invite lis resignation. lie
hue and cry, which the Bank is presses raising
is only for effect. he cry OF high handed conduct Of
pc sonai feeling the par OF the President will not all
donor will any attempts 10 enlist public sympathy in be-
halt OF MIR. Duane, be awaiting. The people wi
ard understand the truth OF the case They know the
and they have heretofore DONE they will pi oec
him from IFS canine rage. But he now no wish
TO crafty but that sb, er justice may he done him-ha
his motives may he duIy appreciated, and his brilliant char
acer and noble duet be protected just rue
tons. His fame is Identified with his country and tina
country will protect and cherish IL.
How lar the tfOr's of the Bank 10 produce Reaction
and 10 t" othds Of Congress in favor of re
te,iDg II, are 10 succeed, will depend upon the nuess Of
the people, and their aiachme the onstiiuor The
removal n, iher Of the depo.iies Of Mr. Duane car
give the Bank any claims to the favor o the nation
ANTiHANK
CO1LHUysYC4TED
CABINET CHANGES.
Those who object TO many changes in Gen. Jackson,
Cabinet, have not advcrted to the history of the
men The government under the Constitutions has been
liz