Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-01-30

WIS Uuy stated ia the debate ny Me. Sedgwick.
when ne said- He also conceived that majority OF the
house had decided that all officers concerned
business should depend pom the will OF the Pref al,
Tor their continuance in ONCE; and with good for
they the eyes and arms 0 The principal %,
the Instruments NJ execution"
II havs succeeded in establishing the propos lon, tina,
the President Is vested With I'll executive power-the
next question IS whether the and security oil
the public money, is legislative or executive duly! if IL
srg's'a'vs the President has been guilty oil daring
"su'panon-f executive. then. lac has but exercised
power which the Constitution has vested in him. la the
mature oi thingsh cannot be Legislative duty, cause ia
nveiy aud in the recess he sessions IL
cond not keep the treasure securely; the Constitution
does not charge with this duty The practice OF the
government from its foundation. soses this question.
-Congress has levied and appropriated the public
venue, and the executive has uniformly dsbursed IL
The discussing duty il richly executive duty, aud
comes within tho constitutional power OF the President
The Secretary Of the Treasury has been unto IN
regarded, as an executive officer, aud the Treasury
part OF the executive department. Can there be az
uouo then, from constant practice universal
ma' the disbursement OF the public money IL an executive
du'y, and that ssary the Treasury 10 under the
,"assement Of the executive, aud that he executive il
bound to look TO its saie'y aud pr-servz,ionl
As set out onIy TO discuss the question Of power,
shall contne myself 10 that point. The late Secretary
refused to comply with the wishes Of the President In the
removal OF the dero'es, aud s was removed he ques
ton Is had the President the power TO remove him,
have already proved his power 81 removal Of The execu-
1--WE oihcers generally 10 III re any thing in the sice Of
the Secretary OF the Treasury which constu es him An
exception to this power! II there il. il must be uud in
the tosiutiof, the mower IL
from the Constitution. aud Congress could have made
Tue exception by express provision; because Congress
iseif' deriving its own powers from the Constitution
existence, and under which exercises iis own powsr
The Constitu'ion has made such exception: couse.
quenity this officer stand In the relation To
tue President as all other Executive officers. II
not be found in the provision OF the of Congress
curing The Secretary OF the Treasury to make reports di
recy TO Congress OF the State oi the finances suggest
inR his own views in relation their inprov
gess being the department which by the was
to and appropriate revenue they needed all the aid
which and he acr
avey engaged in the management the finances az
reasonably TO be supposed that he would be able to afford
more aid 10 Congress than any other officer OF the govern
en' on this subject and hence this duty required at
MS hand This act only requires duty the this
omcer, out by no means changes his relation Pres-
Ien,' or change his character OF Executive officer
Congress could not have designed when they required
TINS duty because they must have known that il would
nave oeen an encroachmen upon the powers of the Exc
cuve department, and violation Of that principle OF in
dependence in the departments of government regarded
by MIR. Madison more sacred than any other This
very act proves that the management OF the Treasury
longs to the Executive. because the Executive off,
GERS Is charged with the duty oil annually reporting its
cohu'io, which he could not we'll do, unless he was in
Its management The Treasury being in the manage
ment OF the Secretary of the Treasury, aud the Trea.
snry oliieers being Executive, the President has the
cear right OF removing ut pleasure One view of this
subject is TO my mind conclusive: II Congress had
Tie power to make the Secretary Of the Treasury indie
pendent oil the President by the power they might
make every other executive officer OF him
also, and mgt create officers to execute all the laws
independent Of him. thus strip the President oI al,
power whereas, leading principle the formation of the
Constitution, was undivided responsible executive
which was created in the office of President. No Anne.
can CITIZEN could contemplate without serious sppreen.
sion, the idea of various officers without COM
mon head and independent of each other There would be
no UNITY Of action or energy in the executive department.
The government itself would fall beneath their collisions
Inc power TO remove the place OF deposit OF the public
money when from any cause has become, or is likely
10 become Insecure, is power necessarily with
lis management aud its custody, whatever may be the
cause OF insecurity, because the officer il re-
sPonsioe Tor Its saetynnd that provision of The Bank
tha of
odect ofhertcise than placing the deposes Bank
Is only reservation of this necessary and salutary pnc
cple because the public money in the vaults of the
Bank, would not be infalby against casualty mis-
management corruption. Before the existence of the
bsnk the public Treasury regarded the proper place
oil depose for the public money Ii the Secretary should
have been satisfied, that the public money was insecure
either from the approach Of the public enemy, the inecu
ny oil the building any other cause his duty certainly
would have been TO place OF more security;
-so,f from msmanage ment, corruption insolvency or
employment of the public money purposes Of oppres.
sion, certainly the duty OF the Secretary to
from the u g. Bank If he does Congress- has given
him the power and has not designated the place which
they are TO be removed IL necessarily follows that the Sc
cretary must make the selection HIMSELF having due re-
gard safety In the exercise OF this power il is not ne
cessary to justify him, that he should wait until the
nty OF the public money was actually eopaded;
sonabe prospect OF insecurity, from cause
require the performance OF this duty at his hands.
The hue and cry that the President has assumed the
power OF the sword and the purse, is well calculated to
take with the unwary and the uDrefecting; but when
examined, is found entirely fallacous The President
eouiu ufdW OIL MS own cent oil the public
funds from the vaults OF the u s. Bank-nor can he draw
his draft, from the State Banks in
which the deposes have been made. If he couli, by
corruption violence, Withdraw from the State Banks so
lie COULD with the same Withdraw from the United
States Bank: so that the public money is no more
within the reach OF the Presden, than before the
lac attempt TO distinguish between the President and
his Secretary, needs no serious examination. Mr.. Ia.
ney's character reiues the idea that he mere tool
BY the Constitution, then, by cotenporaneous construc
ton OF its provisions and the practice of the go.
veDmeDt, the President his Secretary, have only ex
ercised powers clearly belonging to them JUNIUS.
OF The Editors OF the "Lynchbus ygnan" pleuse insert
this in thoir paper
TO THE EDITORS OF TIE ENQUIRER
Gentlcmep,-The Legislature will in a lew days be
called on 10 elect TO the late Gen. John p
Hungerford, of the l4th Brigade of Virginia Militia IL
sperceved that several gentlemen have already hrough
your paper been presented To the public suitable per-
sons TO fill that vacancy; aud Col. Robert w. Carter
OF the county OF Richmond, will be put in nomination for
that Office justice 10 that gentleman require that
his preiensons should be also made known. II is pre-
several preceding Legisleures known considerable
proportion oil the members Of both branches Of the
General Asemby aud TO such knew him in that char.
acter, u viii be unnecessary that he eff
Gent and useful member, Tor they will recolleci IT,
private citizen, Col Carter will be acknowledged by all
who know him. 10 be gentleman whose high and honor
able character places him elevation atove all re-
proacb, aud in point OF talents and literary requirements
lis believed that he will lose by comparison will, very
few OF his age. is very true, that in these times
ol profound lew OF COL Carriers age have had
an opportunity OF acquiring in actual service much mill
bry experience, or that ronown which the OF for.
mer days ~ our country presented its brave aud
pzng c,zen' But II we take slight retrospect Of col.
Carers life, shall find that he has seen some service
Tho nj fall.