Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-31


do not purpose, at this time, to 60 into the reasons
alleged by the President or his Secretary except so far
as those reasons contain an attempt to shew that he
sessed the requisite authority Because the President
o the United States had power 10 do ,hi. thing il the
Constitution and laws instead of authorizing it, required
him TO keep his hands oil tho Treasury il il useless to
enquire into any reasons no may give Tor exercising
power which he did not possess Sir what power has
the President OF the United States over the Treasury
l. 1t in the charter establishing the Banh The clause Of
tn. charter relating to the public deposes declares that
hS opposite, ss OF NE money Of the United States, in
may be established, shall be made in said bank mr.
branches thereof unless the Secretary OF The Treasury
shall at any time otherwise order aud Direct in which
case the Secretary Of the Treasury shall
LAY before Congress, If in session, and il not, inne
dately after the commencement Of the xt session.
the reasons OF such order direction" This is in
rc, consonance with the act creating the Treasury De-
Parmen, in 1852 The Secretary Of the Treasury is by
that act constituted the Agent Of Congress- he required
TO report to Congress annually the state of the finances
and bis plans respecting ,hem and Il Congress in either
its branches shall require it, he al spy time
any particular branch Of the fiscal concerns of the
country He Is the Agent Of Congress 10 oh over the
safety Of the national depose.; and IT, from any peculiar
circumstances the removal Of them shall be required he is
to report the act-to whom! to the President! No, Sir
he must report to Congress- together with his reasons
therefor by the charter Of the Bank, tho President Of
U. s. is clothed with two powers respecting it, and two
only BY Of its clauses he authorized nominate and
by and with the the Senate
ment Directors and to remove them: by the other clause
he is empowered issue seire ucas when he shall an
prehend the charter OF the Institution has been
These the only powers given him by the char
ter-a others denied to him. given 10 others
The Bank not bound to report the of its affairs
him, but TO the Secretary of the Treasury and is thus
to report whenever he shall call upon Tor information
hut when IL becomes necessary to go farther, committee
of Congress is authorized to examine the hooks of Tho
Bank aud look into the whole Of its affairs and TO re-
port not TO the President but 10 Congress- who
them tt President, have sad is restricted to the
two powers Of appointing Directors issuing scire f
ctds.
And has the President any power over the Treasury by
the Constitution? None, sir, none. The Constitution re.
quires that money shall be drawn from the Treasury
except by appropriation thus placing entirely under the
upon him has been devolved by the Constitution and The
sunrsse' Of the american people, the duty Of suPerniend
Government and seeing that the laws faithfully exc.
cued Sir, the President in another part Of this same
paper refers to the same sufrages OF the American PEG.
ple the source OF other and new powers over
and above those in the Constitution, or at least, az en-
pressve of their appreciation of the exercise Of hem-
Sir differ from the President this point; and though
it does not belong exactly this place in the argument
will add remark or two this idea. When the peo,
pie elected the present Chief Magistrate, not ne.
cessay Inference that they did il accoun of his own
merits aud the unworihness Of his competitors nor
IL intended thereby TO express their appreciation of all
the opinions he was known to hold Sir be-
leved that the great state OF Pennsy instance
which has so justly been denomnaed the keystone OF
federal arch in voting again and again the present
Chief Magistrate, meant by that to reverse her own
opinions the subject oil domestic industry Sir the
truth is that the reelection of the President proves as
little an appreciation by the people OF all the opinions he
may hold (evsn ii he had sse
what those opinions were, thing which he never so far
my knowledge extends has yet done) would prove
they meant by eelectng him to approve OF his carbunce
But the President says, that the duty "has been de-
voved upon him. TO the deposites sby the Con-
It su'ion and the sufirages OF the American people,
Sir does he to say that these suages created of
themselves new source Of Power' That he derived an
authority from them which he did hold as from anv
other source! III he that their sursges made him
the President of the United States and that as President
he may exercise every power pertaining that Office I'm
der the Constitution aud the laws there none who con-
trovertit; but then there could be need to add the
SURFACES to the Constitution. But his language is ",be
Tho
Sir, deny IT, There is not syllable in the Constitution
which imposes any such duty upon him. There nothing
oil any such thing; no color to the idea. is true that
by law, all the Departments, with the exception Of the
Treasury placed under the general care of the Pre-
siden He says this is done by the Constitution The
laws, however, have appointed but three Executive de-
Partments; and, 1t is true, that the Secretaries are often
required by law TO act in certain according to the
directions Of the President So far it is admitted tina,
they have been, by the law mot by the Constitution
i placed under the direction of the President Ye even
aso the State Department. there duties upon
the Secretary over which the President no controls and
for the performance Of which, that officer is response.
BILE, not to the President, but the Legislative tribunals
to the courts Of justice. Th, is no new opinion The
Supreme Court in the of Marbury and adsoR ex
il pressed it in the following terms:
"by the Constitution OF the United States the
invested with certain important political powers in the
exercise of which, he is to own discretion and is
accountable only TO his country in his political
to his own conscience To aid him in the
OF these duties he is authorized appoint certain officers
who act by bis authority, and in conformity his orders
IN ssch cases. their acts his acts; and whatever
opinion may be entertained Of the which
cuve discretion may be used still there exists and can
exist no power to control that discretion The subjects
+ are political They respect the nation not individual
rights; and being nrnsed to the Executive the decision
Of the Executive is conclusive The apple of this
remark will be perceived by adyerng act of Con-
gress Tor establishing the department OF Foreign Affairs
ms olcer, as his duties prescribed BY that act
TO conform precisely 10 the will OF the President He /.
the mere organ by whom that will commu The
acts OF such an officer, officer, never be exam
i Unable by the courts.
"But when the Legislature proceeds 10 impose on that
ocer other dulles when he is directed peremptorly
perform certain acts THAT Is, when he is placed un.
der the direction OF the Presden when the rights of in.
divduals dependent the OF those acts
he so lar The officer Of the ao TO the Ia,u,
Tor his conduc and cannot at his sport away the
b vested rights of others.
"The conclusion from this reasoning ia that WHARF Io
heads OF departments the political or
agents OF the Executive, merely TO execute the will nj
the PRESIDENT or rather 10 act i'm in which the Exc.
cuve possesses constitutional
can be perfectly clear than that their acts are onlv
politically examinabe. But where specific duty is as.
signed by law and individual rights depend upon the
torrance oil that duty seems equally clear that the nd
viuua VINO considers himself injured has right resort
!, 10 the laws oil bis country for remedy"
Though the President is mistaken his assertion that
the constitution devoves upon the President the
tcnuence oil the Departments there one clause of that
instrument which he has very correctly quoted and
which makes II his duty that the laws are faith
Iuiy executed" as II is mine to examine what su
thorty he obtains by this clause the case before
oder H. the most enormous Preiensons have been set up
4 Tor the President.
IL has been conendeJ that IL a law shall mass which
the President does not conceive 10 be in conformity
the CONSTITUTIONS he is not bound TO execute liz and if a
treaty shall have been made, which, in his opinion ba,
oeen unconstitutional in its sipuaons he to