Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-07-25

Bat before cali your attention 10 the evils which
these agations have produced must desin you by
REVIEW or The PRINCIPAL OBJECTIONS TO THE ACT
OF THE EXECUTIVE DEPARTMENT..
The movsl OF MIR. Duane irom the ofice OF Secres-
ry and the change 81 the deposes by bis
denounced not authorized by the Constitution aud Laws
but In derogaton Of both. Is in,ention fellow
citizens. 10 ntici upon you repetition OF arguments aud
debates, upon points hicl have been within tue last
sion OF Congress, literally debated TO death: II would be
unnecessary II ii cndufabe. The fever Of the pub
lie mind has absed The mis's raised 10y passion preu
dice aud se'shoess, last ds-ipa,inc: aud the sober
cond thought 81 the country men, which never ers is a
work Uudrr such circums,snccs the mcrc statement OF
me Peo Nin ne prom'nen, scis aud considerations be-
longing To nrn alone necessary TO the OF ruth.
ia regard to The constitutional power Of The President
remove Mr. Dusne, will only say,
ISL That the right OF the President a Secre-
isiy oi the Treasury end all similar officers, when he
h,nks the pubic Interests require it, solrnDy settled
by congressional exposition Of the Consli,u ion AT the
hrst session c Congress after its adop on that this
construction hes been acted upon by every cceedimg
Prc,deu. atd has become, BY common CONSENT part Of
81 TIA, he law passed byti G.s Congress by which
the Treasury Department is orgariEed, recognzer ia
eims this power.
3D. That OF the three principal leaders the Opposition
two OF them. Mr. Calhoun aud Mr.. Webster, who rank
among the sbest and Incorporating of the orr o.
neh' OF the President have expressly admitted the exist
ence OF the rover.
II you will hold Gen. Jackson guilty Of an ASSUMPTION
OF unconstitutional authority, tor exercising power which
was claimed aud exercised by all his nclud
ing the Fi er OF his Country aud in the exercise f
which, the whole Nation haas hitherto acquie which
u expressly recognized the creating
ui+ particular Office aud the cons;ir ionay of which
some OF his heres, opponents are at this moment, com
PEELED TO admits be IL But be fore YOU do this ,on "a IN
VIII have urgotten that the construction given TO The
constitution, Ia this respect. has for its exclusive oh
Jec' 10 secure 10 The people, what can, in 10 other
way, be secured Thepower OF Impeachment, il Il oulL
De exercised IN such case, would not and cannot,
reach thousan part OF the abuses OF pubc trusts IA
tue President who is your servant and imne re-
spons",e TO yo Cannot, remove unfsi,hui iucompe-
%" phohc agents. appointed upon his noiIins.icn,
my SdhhO 10 shy u,eiui extent, be ached
ed at all. The Senate remove or check them:
Congress has power their r,moval and The peo
PIE themselves, unless acting tlros the president, cen
not remove them Establish these positions ia our svs
TEN oil government, aud our pubic Offices will become
""a "hner hngiy governments Tor the part they
are considered 10 he, private popery mere vested per
sonaLnerests, Tor which the posessors when once in
ls VIII owe your neither thanks respon
Hoin'y' such change IN our system. know very
well will TO, be sanctioned 10y the free czens of This
tepnohc Their good sense well as their patriotism
to'bnls the innovation.
Let us briefly examine the question ~ eher ,ho
was any violation oi law in the change of the deposes
before me es"hishmea'o OF the Bank OF the United States
me puhhc monies were deposited in such places as The
Secretary oil the Treasury thought proper 10 irec, This
was done under The act OF 1883, establishing and
E we ,reasusy department That law is still in force
anu regulates the conduct OF the Secretary Of the Treas
ry IN an matters sppei~inng the public M nes "a mi
as !. ana before aolG. when the Bank Of the u s. was
ny Tie ~ seciicn OF the charter Of that in
Ill u'ton is provided THAT tie 6eposfes of fbe ,,o.
me Onited States ia places in uhich the said bank
and branches thereof au be established shall he NIT
n sd'a daHk or branches tke,sef &c. Had The provI
sion stopped here, the Executive d. pariment wihovn
some further exer,on Of tire legislative power could not
nave removed the public monies tom the vaults of tho
oanAi although the duty OF watching rhen would,
even Ia that case, have devoved on that
"nou uIher law, however, the public treasure would
have been left in the hands the bank and in the moan
'ne II would have been ubiec, all the dangers and ca
su"ies which such an Institution even in the hands of
tue most faithful managers is necessarily exposed and IN
al 'he "ousrs when managers OF different character
might be tempted TO commit Those who chartered ,.e
were 700 wise TO pace so important matter on
ihey, therefore, secured 10 the goyernmen MT mower "a,
ucaiy necessary TO all governenis-the control Of it's
H uhu5-oy reservng the power Of Withdrawing thu m
're the BANK Ioinake this control eiectual i, was in
dispensable that this power OF removing the public ea
sure ssouid be absolute and unconditional ii coni ions
were affixed, the evil would remain he co,I; ons
"hdeVer hey Night be, would be sui ects of fbe
Judgment IN the trs instance least Of the Bank lis,
and IN case that Judgment should differ trou, tie Judgment
OF me p"oHc agent, would present The Illuminating and
tssung spectacle OF controversy io regard 10 the safe
keeping oils own funds, between the
oil Tree people, aud the fiscal agency their own
ce""oh' was, eore upon every principle due ia
The honor anu to tie interests VI The people that The rs,
10 change or Withdraw the public moneys from the Bank
oil The United Sises should depend upou The ,iscreon NJ
some iunciionay oil lie government, and upon ROLLING
else. So The law stands The entire clause of the I6ts
section OF the Bank charter. from which have before
partially quo ed is in the following ords:
lind De a further enacted That the depos,es of h
money OF the United States, IN places which the said
oank anu branches thereof may be established shall be
m'"e IN said bank or branches thereof UNLESS THE
" SECRETARY oS THE TIRE asURY SHALL AT Any
" TINE OTHERWISE ORDER AND pIREcr"
MOI mat the Secretary might, under such and such
circumstances in this that condition OF things make
the order and direction, hut uness the St cetary OF the
treasury shall at any time ohe wise order and drec,
witnout The slightest reference in letter or spr IN anv
circumstances or condition whatever. And how is The
attempt made TO get round this plain, pspsbe authority
Tor Tue change OF the dcposiies? By The erouooss ,o
'ence That there are conditions implied though not cx
pressed IN The act and HAT although the law saws in so
many words That The Secretary may "a any time" sor
der and direc The deposies be trade Than in
TIE Bank or IFS branches, still means that he can ouv
make that order in case the Bank shall becon. Am @
cure or unsafe depository
reHow ClZens: on all read and unders nlsp
Isnsuage Look, then, at the provision above quoted and
say you do not look in vain for eay such limaonfnr
any 'aioh "ha'ever-upon the power OF the Secreta.
But there is view of this point which shouII cIoso
me ls OF Tie most ciemorou5 The Bank has showo o
disposition TO comply with The directions OF The Executive
department IN any instance where il has not been os,
Obliged TO do So During the late session. IL placed
on more man one occasion, in attitude OF defiance
o' merely 10 The Executive, but even to the LeoiIave
department. IL has counted largely upon the support of
us ehds IN and out OF Congress- aud, as vet il has ~
PefIehceu no disappointment. Under all these eircuu
stances Is possible to believe that this arroe ami ns,
non would have oheyed the order for the removal of tho
dePoses ~ as pretended, that order had been unauto
rIsed, and had involved, is now alleged ,aIrl v
a'loD OF the charter? No, fellow .cnzens Won will no,
oeheve 'hIs You know better; and those IS lo maize s
frequent AMI vehement declarations TO the contrary
10 hnow better They eiher blinded by their Interest
or Their passions, they designedy aempt 10 main, no
you The most unIounded pfetensions.
There was theu, nothing Unconstitutional in the ,e,y,
OF MT Duane aud nothing Illegal in the change of the
depo'ies 10 neither OF these respects has here been
any violation Of The Constitution os The Law
Bn' those Who whilst they admit consiiiutonali,V
~" 'eg'ny o. Use acts OF the President, intent upon