Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-24


spectlu declarations OF the opinions which the Presi-
d. mt has formed VI great national interest
deeply affecting the character and uefness Of his adj
nnisiration; aud not spirit al citation, v hch the
President would be rs careful TO avoid, "a ready TO
=" si-t" Again. Gays the President, in preceding part
Of the document, " The existing laws declare, that
" the deposiies OF the money OF the United States, in
" places in which the said Bank aud may
he established, shall be made in said Bank, branches
Hereol unless the Secretary OF che Treasury shall al
any time otherwise oer aud direct. in which case the
Secretary OF the Treasury shall Immediately lay before
Congress- u IN session, and II "o aver me
commencement Of the next session. Tue reason Of such
order a, direction The power Of the Secretary OF
&" the Treasury over the depositss. is unqualified The
provision that shalt report his Congress,
no limitation. Had not been inserted, he oul
have re-ponsib 10 Cenere.s. had he made
moysI for any other than good reasons' Here then
SIR said Mr.. Med the President distinctly admits this
power TO exist in e Secretary OF the Treasury. He al
admits that this power is delegated to the Secretary
The Treasury under direct possibility to Congress.
YET, sir, in the very moment Of making this admission in
the very moment oil discsinng all design OF exercising
the ieas, c"noi over the free exercise OF the judgment
oil the Secretary oil the Treasury this NATTER what
does he do Why, he names the first OF October, the
day which the deposes 10 be resored! No, only
but il was formally announced in the Official Gazette,
three days before the removal OF the me Secretary Of the
ressury, that the public depoes had been determined
10 be removed from The Bank OF the United States
Now, said Mr. Med let us examine this matter little
more infinitely. 81 is argued, that il is true, indeed, that
the Secretary of The Treasury is the officer selected by
the Congress OF the United States exercise this high
and imporan, power, but that, iorsoo,h, although the
Treasury Department was created distinct Depart
men', and no, Of the Executive Departments,
all the others and although this Of trans
erng the deposites given in the Bank Charter
Secretary Of the Treasury the moment that another
power given by the charter 10 the of the
United States yet because the Secretary Of the Tr.as
ry o the Heads Of Departments the President Of
the United States has right to make that officer
aus'rument-'o consider him ministerial officer,
bound to execute his will. Sir, said Mr. Med, there
some meaning n the language Of the Congress OF the
Posites to be by the Secretary Of the Treasury
Why was not ue power given al TO the President!
Why upon the most obvious principle, that nothing
De more dangerous in any government than TO trust the
purse and the sword of the nation, in the hands In
what Government possessing the sembarce OF freedom,
have these two powers ever bsen united in one hand.
In what solitary instance has the King Of England ever
assumed the finances this power? | very much
doubt whether the King, either OF England of France
coui at this day. do such act seize the public
treasure, without such direct violation of the laws OF the
land, as would subject him to peril which in
these United Stafes be subec ed to-he peril OF losing
his head One King of France had escaped this peril
not very long ago, for less abuse OF power than
this
And what the emergency, asked Mr. McDo
which, sixty days before the meeting of Congress cali
ed upon the President of the United States TO interpose
and exercise this unconstitutional power. WHY, SIR
said he, from the document TO which have already had
occasion TO refer, would really appear that nothing
could well be more distressing 10 the President than the
necessity OF exercising this power and is worthy Of
remarSe here TO what an extraordinary degree public
can deceive themselves TO the motives of their acts
especially when they have reached the highest point Of
power. Instances OF this kind sir rare in his
tory IL is curious TO read a cominenar on his pyo
ceedings, what the President says this subject orhe
President, says the Manifesto, "would have felt him.
sell relieved from heavy and painful responsibility it,
IN The charter the Bank Congress had reserved TO it,
sell the power OF directing at its pleasure the public
money TO be elsewhere deposited, and had devov
&" ed that power cxcusvely"-not on the Presicn,-no
sir but son of the Executive Departments" What
an astonishing tumble Of ideas! And again. (very sound
doctIine, too Alhough according the frame and prin-
ciple OF our Government this decision would seem more
properly to belong TO the legislative power we, the
"law has imposed upon the Executive Department the
duty ought 10 be faithfully and firmly met and the de.
cson made and executed upon the best lights that can
be obtained and the best judgment that can be formed
II would i'll becomenot the President Sir, but "the
Executive branch OF the Government TO shrink from
any duty which the law imposes omit a. upon others
|" the responsibility which justly belongs 10 itself" Now,
again, the argument comes TO us in aspect emerg
ing from the obscurty of the Executive Departments and
brhnches "Wbiie the President anxousy wishes TO alb
stain from the exercise of doubtful powers and to avoid
all interference with the rights and duties OF Others he
must yet, with mistaken cons,ancy. discharge his
obligations. So it seems (said Mr. Med, that the
Presden, has exercised this power from the sheer
sity OF the OF great public emergency which
admitted OF delay, and that he has assumed this high
responsibility with the utmost pain and reluctance Why,
Sir, every body knows that Executive power-parcuar-
y that highest order Of Executive power which is above
the law, is always assumed with great reluctance. Ii
would have been extremely distressing Cesar to have
been obliged TO the kingy oce but Cesar put
by The crown was according to history very distress
i6g to Richard ILL., TO accept the kingy power when urg
ed upon him with such clamor by his Procurem
Blu, lie yielded saying Shakespeare writes Tor him:
Bu, cone,,sss a .o NOT TSuI % SnS OF sn,ssas
or all the difficulties that he had tered Mr.
I'D said in any document, the greatest that of
cyphering from this Manifesto the ground upon which
this measure had been taken by the President. What did
that document contain Does claim right for the Pre-.
sdent TO the deposes Does il recognize the ex
elusive right Of the Secretary OF the Treasury over them!
Or what does it purport With all the exerton of his
humble powers Of comprehension, MIR. MD. said, he
could not draw any satisfactory conclusion the subject
He struck by the resemblance between the sort of
title set for the President dispose of the public trea
sure and the title set up by OF the Kings OF England
TO the that he could avoid looking up the latter
and he had copy of il before him. Henry the Fourth
it seems, TO the throne by doubtful title as far
Legitimacy concerned When he claimed The crown
il was in document which the historian has recorded
cause OF its siDgUarity, in the following terms:
In the name OF Father, Son, and Holy Ghost Hen
ry of Lancaster challenge this of Yngande and
the with all the members and the
ais that am descend by right line Of the bIode coming
FRO the guide king Henry the therde and ihroge that rig
that God OF his grace hath ao with help OF kyn and
OF my irendes to recoverit: the which rewme was i'm
Poynt TO be ondone by default Of and ondoy
ing OF the guide Iawes
There, Sir. (said Mr.. MIDI is the right and title of
Henry the Fourth 10 the throne, and here in this doc
meDt is the right and title OF the President remove the
depoes. leave those who skilled in such subjects
to decide between them.
am always disposed Sir TO look with respect upon any
matter which is clearly and distinctly set FORTH But I
confess look with alarm at such tremendous stretches of
power as this, when found them under such crcum.
stances and under such colorDg those contained i'm this
jusficatory document On reading that document, one
would suppose that in the world would have more
respect for the Secretary OF the Treasury could be more
unwilling TO exercise the slightest control over him than
the President himself He says to him, in substance
this is your business not mine: am very unwilling TO
exercise doubtful powers: the law has vested this
in you ii is far from desire to dictate TO YOU such
Is not my design. Then, al the very moment of