Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1834-05-01

$ in the use Of the several co.o,S;4 80
Departments Of the Goverpm.n,
means to aid them in performing H..
functions is in chs,ss as
officers appointed by the Pre,iSsa,
whether il be lands, or buiIdipu, :,
merchancize, or provisions, Or elo,h'
ing, or arms and munitions Of wa.
The slperintendents and keeuer, A.
the whole are appointed by the Pres
dent, responsible TO him, and remoy.
bic at his will.
Public money is but a specie, AZ
public property. IL cannot be raised.
by taxation or customs, nor brougb,
into the tie sury in any other wsv /
except by law;-but whenever or how.
soever Obtained, ito custody slv,vs
has been. and always must be, uul.,.
the constitution be changed, iusrusd
to the Executive Department. Nek
Ger can be created by Corg -sa for IL I
purpose Of liking charge Of d, pho,e
appointment rouh not, By the eastiiu.
tina. at once dsuoire on the PreadsM
md loto woaid not be reSponsiblcA lin
for ihs faithful performance M
duties. The legislative power nav
un .loubiedly bind him and the lssii.
dent, by any laws they may thinkso.
per to enact; they may prescribsin
what place particular portions Of Ia
public money shall be kept, and \
what reas IN it shall be removed. n
they may direct that supplies for n.
army or navy shall be k pit in particu.
lar stores; and it will be the du,v ~
fihe President t, see that the law !,
faithfully executed-yet will the cur.
tody remain in the Executive Depsr.
ment of the Government.-Were ths
Congress to assume, with or without !
Legislative act, the power of apIo ntius
officers inlepen 'en,ly ofthe President
to take the charge and custody Il III,
public property contained in the militia.
ry and naval arsenals magazines, anil
store. no: $, it is believed tha, such
an act would be regarded by all as a
palpable usurpation Of Executive pow.
er, subversive Of the form rs we'll al
the fundamental principles Of our Go.
vernnent. But where 10 the differ.
encs in principle, whether the rusl,
property b. in the form Of arms, mum,
tons of war, and supplies, or M gol
and silver, or bank notes? None cal
be perce ved--none is believed 10 ex,
ist, Congress cannot, therefore, take
out of the h ,nds Of the Executive De.
partment, the custody of the public
property or money, without an assump.
ton of Executive power, and sub
version o the first principles of IN
constitution.
. o.;
The resolutions of the Sepase. 80.
rislna'ly framed, and as passed, lid
refers to these acts. pre.supposes
right in that bod, to interfere with iii
exercise Of Executive power. fi6s
principle be once admitted, III 10 no
If by mere denaa s, n nhf5s i nay end.
olui Oh, The President should ever b
Induced to act, in a matter Of ofhca
duty, contrary to the honest consle
ons OF his own mind, in complained
with the wishes Of the Senate. the con,
5 rational indt pendence o! III Execu|
tive Departm n would 10 as ef,'c,ual
~ destroyed, and IS power IS efsctus
ally transferred 10 the Senate, as
that end had been accomplished by q
amendment of the constitution. Bu'
if the Senate have right to interierd
with the Executive powers, they hav'
also the right to make that interior
ence effective; and If the assertion
power implied in the resolutions be 81
lcntly acqul"sced in, we may resoas.
bly, apprehcnd that it will be followed
at som. future day, by an attempt a
actual enforcement. The Senate may
refuse except on condition that he wi
surrender his opinions to theirs and o
hey their will, TO perform their own
const tutional functions; to pass the ne1
ctssary laws; to s net on apProPna
tons proposed by the House ofRepre1
sentatives, and confirm proper nonini
atoms made BY the President. Itha
already been maintained land il 10 no
conceivable that the resolution OF n
Senate can be based on any other priH,
ciple) that the Secretary Of the Tress
ury is the officer Of Congress. and %
dependent Of the President; that N
President has no right TO control him
and consequently none 10 remove bin
With the same propriety, and on SINH
lar grounds, may the Secretary d
State, the Secretaries If War and III
Navy, and the Postmaster Genenl
each in succession, be- declared inds
pendent Of the President, the subordln
ates Of Congress, and removable only
with the concurr nee of the Senate
Followed to its consequences, this p'in'
ciple will be found effectually to de-
stroy one coordinate Department o.
he Government, to concentrate in tn
hands ofthe Senate the whole Execu
i've power, and 10 leave the Presden
IS powerless as he would be useless