Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1834-01-23

ly vests the power of removal in the
Secretary of the Treasury, what has
the President to do with it, VIVA,
part ofthe charter conveys TO him any
Powerl II, as the Secretary contends,
the clause Of removal, being part OF
the compact, restricts its exercise to
the Secretary, to the entire exclusion
of Congress, how does it embrace the
President!-especially since both the
President and Secretary conceive that
"the power over the place of deposite
for the public money would seem pro.
perly to belong to the Legislative de.
partment Of the Government" 1.-THE
Secretary be correct in asserting that
the power Of removal is confined 10 the
Secretary of the Treasury, then, Mr..
Duane, while in Office, possessed il;
and his dismission, because he would
not exercise power which belonged
to him exclusively, was itself viola.
ton ofthe charter.
But by what authority docs the Sc.
cretary assert that the Treasury De-
partment is one of the Executive De-
partments ofthe Government He has
none in the act which creates the De.
partment; he has none in the Consti-
tuition. The Treasury Department is
placed by law on different footing
from all the other Departments, which
are, in.the acts creating them, denomi-
mated Executive, and placed under the
direction of the President. The Trea-
sury Department, on the contrary, is
organized on totally different princi-
pies. Except the appointment of the
officers, with the cooperation of the
Senate, and the power which is exer-
cised of removing them, the President
has neither, by the Constitution nor
law creating the Department, any
thing to do with it. The Secretary's
reports and responsibility are directly
to Congress. The whole scheme of
the Department is one of checks, each
officer acting as control upon his
associates. The Secretary is required
by the law to report, not to the Presi-
dent, but directly to Congress. Either
House may require any report from
him, or command his personal attend.
ance before it. 1t is not, therefore,
true that the Treasury is one of the
Executive Departments, subject to the
supervision Of the President. And the
inference drawn from that erroneous
assumption entirely fails. The Secre-
tary appears to have no precise ideas
either OF the Constitution or duties of
the Department over which he presides.
He says, "The Treasury Department
being entrusted with the administration
ofthe finances of the country, it was
always the duty of the Secretary, in
the absence of any legislative provi.
sion on the subject, to take care that
the public money was deposited in safe
keeping, in the hands of faithful a.
gents" &c. The premises of he Sc.
cretary are only partially correct, and
his conclusion is directly repugnant to
law. 1t never was the duty of tie
Secretary to take care that the public
money was deposited in safe keeping,
in the hands of faithful agents, &c.
Thai duty is expressly, by the act or
ganizing the Department, assigned to
the Treasurer of the United States,
who is placed under oath, and under
bond, with large penalty, not to issue
a dollar out Of the public treasury, but
in virtue Of warrants granted in pursu.
ance of acts of appropriation, sand not
otherwise. When the Secretary treats
of the power Of the President he puts
on corsettes, and contracts and pros.
trates himself before the Executive, in
the most graceful, courteous, and lady
like form; but, when he treats of that
Of Congress, and of the Treasurer, he
swells and expands HIMSELF and flirts
about, with all the airs of high autho-
ritv.
But | cannot assent to the Secretary's
of his power of removal,
contained in the Charter. Congress
has not given up its control over the
Treasury, or the public deposites, to Ell
Their the Secretary or the Executive.
Congress could not have done so with
out treacherous remuneration OF its
Constitutional powers, and a faithless
abandonment of its duties. And now.
let us see what is the true state of the
matter. Congress has reserved to it.
self, exclusively, the right to Judge of
the reasons for removal of the depo-
sites, by requiring the report of them
to be made to it, and, consequently,
the power to ratify or invaidate the
act. The Secretary of the Treasury
is the fiscal sentinel of Congress, to
whom the Bank makes weekly reports,
and who is presumed constantly to be
well acquainted with its actual condi-
ton. He may, consequently, discover
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