Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1834-05-08

right Of control, asserted by the Presi-
dent, over the conduct of the officer
while faithfully performing the duty
required of him by the law. And al.
though the members of the Cabinet,
being in matters Of policy, The privy
councillors or confideniia' advisers eli
the President, may, IN such character
be properly subject to frequent reno
val from o!iice--yet, in all matters
where special duties are ass gIled 70
them by law, they arc MS independent
of the President as any other lunction-
aries Of the Government, and il is
plain inlraction of the spirit Of tho Cou-
stItution, for the President TO use his
power of removal in order to subdue
them to his will in a matter confided
by law TO their independent official
Judgment and discretion.
A. That this meeting unhesitatingly
repel the inference which the Pres-
dent draws from his constitutional OBJ
legation, 'to take care that the laws bo
faithfully executed. They hold, that
this obligation does not make him "re-
sponsible for the entire action of the
Executive Department" nor does il
| give him tho power of Overseeing,
and controlling those who execute the
laws: extent of his obligation
being, in the judgment of this meeting,
to see that every officer taithfu1y per-
forms the duty required ofhim by law,
according TO the dictates of his own con-
science and honest Judgment; and eve-
ry officer so performing his duty, is
. entirely independent Of the President,
or any other authority, in this land.
He is then. amenable to the law, and
the law alone.
5. That this meeting utterly reject,
as dangerous dogmas, the Presidents
assertion that whenever or howsoeyer
the public money be obtained, lis Gus
tody always has been, and alicays must
be, unless the Constitution be changed.
intrusted to the executive department."
/ that ono officer can be created by
Congress for the purpose of taking
charge OF it whose appointment would
not by the Constitution, at once deyolye
on the President, and who would not
be responsible to him for the faithful
performance of his duties. And. that
Congress cannot therefore, take out
of the hands of the Executive DEPART
ment the custody Of The public proper-
ty or money, without an assumptions Of
Executive power, and subversion of
the first principles Of the Constitution.
In opposition to these pretensions,
this meeting affirm as their opinion,
that it is entirely competent for Con-
gress to place the public treasure in
such repositories, and in the custody of
such finctionaries as they may choose
to create, whether they consist of
| Bank,-of commissioners named and
appointed by an act Of Congress, or
of an individual empowered by law to
keep the public funds in such a man.
ner, and on such terms as they shall
prescribe, and that the public treasure
shall be SO kept free from all possible
controul, supervision or direction Of
the President. They hold, further,
that congress may in like manner,
confde the keeping of the public trea-
sure TO any already existing officer Of
the Government, prescribing the terms
and manner of his custody, in such
wise as shall leave him entirely free of
any controul or dictation of the presi-
dent, in the discharge of the duty as
signed to him.
g. That this meeting distinctly re.
probate the reference of the President
to the votes of individual Senators who,
he more than insnuates, were bound
to have voted against the resolution of
the Senate, because, as he affirms,
they had received instruction from the
Legislatures of their States. Such an
insinuaiion implies an unwarrantable
interference between the Senators and
their constituents, and virtually as
serts the principle, that whatever en-
croachments they had Witnessed by the
Executive upon the Constitution, they
are bound to be silent, or to approve
them, and were not at liberty even to
take the responsibility Of representing
what they believed to be the senti-
ments and opinions of the mass of the
people in their own States, in opposi-
ton to the sentiments and opinions of
their Legislatures.
For all these reasons this meeting
heartily and most pointedly
iisapproye and reject the preten-
sions to power and prerogative set up
and claimed by the Protest of the Pre-
'ident.
Resolved, further, as the opinion
If this meeting shat the President, ii
he late executive proceedings IN re-
alton to the public revenue, hes as.
umed upon hinse authority and row
n not conferred by the Constitution
md laws, but in derogation of both.
Further Resolved, that this meeting
ook with inexpressible distrust and
upon the Protest of the Presi-
lo,4 -. -, o.ta,,ont ~ avail himself of