Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-01-11
Ia mos, r..ntsaH a@hsi a&So Would nav. Expected

nd mos, re.nieAX hihsi a@ho You'd 6svs; expected
hat, alter having confidently maintained, for himself
such absolute, exclusive, unqualified, and uncomfortable
power he would have let in any body else to share with
him its exercse' Yet he says, As the Secretary OF the
Treasury presides over one OF the Executive depart
ments Of the Government, and his po,cer over this
subject forms part OF the Erecutce duties Of his
tue manner in which is exercised mus, he subject
to the supervision oil the officer (neaning the PRECEDENT
whose ohicai name his modesty would not allow him TO
PronounceJ "to whom the Constitution has confdcd the
whole Executive power, aud has REQUIRED 10 take care
,h e avs DC ea.eniy executed" IL the clause in
ev"Pae exclusively vests the power OF removal in the
secretary OF the Treasury, what has the President TO do
Wnh ~ what part Of the conveys to him any power
H. as the Secretary contends the clause Of removal be-
ing part OK the compact restricts its exercise TO the Secte
ary, the entire exclusion Of Congress- how does il nm
brace the since both tn. pesisn,
and Secretary conceive that 1.-The power over the place of
depose for the public money would seem properly TO be.
long to the Legislative department Of the Government %
III the Secretary DO correct R asserting the OF
removal confined 10 the Secretary o(Ibe Treasure ,hsn
Mr. Duane, while in Office, possessed il; and his ,i.ni.
son. because he would not exercise power which be.
charter. o " 'e
But by what authority does the Secretary
tasury Department. one oil the Executive Departments
oe government tie has in the which creates
the Department; he has none in the Constitution The
treasury Department is placed by law different foot.
Jug rom all the other Departmental which are acts
creating them denomnated Exec and ed under
the direction Of the Presid- n The Treasury Depart,
mem, on the conrayis organized totally different prin.
ePes EXCEPT the appointment Of the officers, with the
cooperation OF the Senate, and the power which /, ever
csed oil removing them, the President has neither bv M
constitution nor the law creating the ,nv
thing to do with it, The Secretarys reuort. and ron.
soty are directly TO Congress The whole scheme Of
e department Is one OF checks, each officer acting a.
eoho' upon his associates The Secretary il required
ny he law TO report, not TO the President but directly
10 Congress- Either House may reuuire anv ,enor,
iron" "i. or command his personal attendance before
:: nor therefore, true, that the Treasury |. one
Oh me Executive Departments subject TO the
o. me presiden And the infer.nc drawn from Ina,
erroneous assumption entirely falls The Secretary an
nj
or duties oil the Department which he presie, He
me treasury Department being entrusted with the
administration OF the finances OF the country ALWAYS
The duty OF the Secretary in the absence of anv legisI
i've provision on the subject TO take care that the public
money was deposited in safe kce ping in the hands of
faithful agents., &C. The premises OF the Secretary arc
only partially correct, and his conclusion is directly re
p"snan. 10 law never was the duty OF the Secretary
10 take care That the public money was deposited In sais
keeping in the hands of faithful agents. &C. That duty
expressly 6y the act organizing the Department as
signed to the Treasurer Of the United States vic IL &
Gu uhuer OATH aud under bond with large penalty moi
10 Issue dollar out Of the public treasury but in virtue Of
wsrsn.s granted In pursuance OF acts OF appropriation
ana not otherwise" When the Secretary treats of the
power OF the President he puts on corses and con,rac,
and prosates himself before the Executive in The mos,
graceful courteous and lady form; but. when he
ueas OF mat Congress, and ofihe Treasurer he swe
ana expands HIMSELF and rts about with ali the airs nj
high authority. ~ ~ "
But cannot TO the Secretaries inerprea,on .,
his power OF removal, contained in the Charter Con-
gress has not given its control over the Treasury Or
ne puohc depoes, to either the Secretary or the ESecu
a trea-
cneous Remuneration Of its Constitutional powers and
iaithess abandonment OF its duties And now Ia, -. a..
wnsI IS The true state Of the matter Congress has re-
10 ''sei exclusively, the right Judge of the rea
sons for removal Of the deposites bv re9ui,in M ,
OF mem be made to it and, consequently The power ,o
rau'y or invadate the act. The Secretary of t,o t.
sury is the fiscal sentinel Of Congress- 10 whom The Rn
makes weekly reports and who presumed constable ~
20 wen acquainted with its actual condition. He NAV
consequently discover the urgent necessity of promut ac
ton, 10 save the public ire asure before il ia Lnon -
Congress and when is not in Session. But he is mme
@,aely 10 rePort-!o whom To the Executive No,to
Congress For what purpose? That Congress NAV sane
lion or disapprove The act ~ "' ''"''
me power OF removal is reservation for the benefit
oil The people, not OF the BSnk Ii nav be waived Con-
gress, being legislative party 10 the comnsc, lid ,
merely deprive itself of ordinary powers OF Ieeisaon
~ cannot without breach of the national faith repeal
privileges or siPuaons intended for the bene6, of ,b
nank But It may repeal, modify, or waive the exerc.e
ogeher, OF those parts OF the charter which were in
repeal altogether the clause of removaIi such 80,
would not inure, but add to the security of The R,nL
Could not Congress modify the clause, by revoking The
agency OF me Secretary Of the Treasury and
na' me treasurer, any other officer of
Souu not congress, at time during the twenty wears
duration OF the charter, abolish the Office al,ogc,bsr Of
secretary OF the treasury, and assign all his present d
"es 10 some newly constituted department? Tn. rob,
anu The security OF the Bank do consist in the form
he agency nor in the Of the agent hut in bis
ma', whatever may be its form his denominations the
removal shall only be made upon urgent and stsf.corv
reasons ne power oil supplemental legislation was ex.
creased by Congress both under the old and new RnL
hree years alter the establishment OF the existing B.nk
an act passed, better to regulate the election of Drac
'or and TO punish any who should ATTEMPT bv bbss
presents IN any form, TO influence the operaiions of Inc
institution. rN'''"' Vi he
The denial OF the Secretary Congress of the mower
70 remove The depostes under any circumstances is most
eN""onhary' why, sir suppose corrupt collision be.
tween the Secretary and the Bank TO divide The sno
me treasury Suppose total non fufment of all The
"Puaiions on The part OF the Bankl Is Congress 70 re-
man bound and ed whilst the Bank should be free from
all The obligations OF the charter! The obligation of on
party 10 observe faithfully his spulaons in a con,rac,
hlnafi n H.
10 observe his slpulaons. II one party is released RI
are irce III one party fail TO comply with his contract ,ot
releases The other This is the undame nts princine nj
all contracts applicable 10 treaties charters and n.ivaia
S,.emens. HN were mere private agreement, and
o"e Pay VINO mad bound himself 10 depose from time
10 ume MS money with the other 10 be redrawn a hi
pieasure saw that II was wasting and souandered away
ne would have clear right TO discontinue The dsno.,y'
a. - uee, 'na' party has no right TO himself from
'ne i"hmehi oil his contract by impUng breach 10 be
other which has been made nd (, ia 6r,n., ~
Tue peace anu justice OF society, that neither party IN ,ny
contract whether public private can de eide
~ me question oil fuihmen by the other hut must
~ ue' s"Jec"oh 10 The ultimate decision in case of
controversy, OF an impartial arbiier provided in The in
u'ciai tribunals oil civilized communities
ESQ the aOsoiute unconditional and excIu i've now..
~hch the Secretary claims TO be vested in himself il IL
~ 1'sc' nosuIy WIN The principles of our Government
ahu ADVERSE TO the genius OF all free Dstutions tn
secretary was made, by The charter the mere
I'VE or agent OF Congress Its Temperate substino .n,
ing 10 subordnaon TO IL, and bound, whenever he J;d
10 his principal his reasons that hsy might
ne Judged oil and sanctioned or oyertuled IL ~ not e.
surd TO say, that the agent can possess more ,o, III
we P'ncpah he power Of revocation is incident I'm
agency uness In express terms, by the inst rumsnt
c'eauhg H. different provision is made The nowsr.
cnnae y, me principal or the agent, in relation to sny
contract must be expounded by the principles SbicS
govern all contracts IL is true that the Iano,aos n a.,
VI removal, IN The charter, 10 general but il Ia moi