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

ef the joke is, il was oil a Joke.
FOR THE ENQUIRER
THE BANK DEPOsiTES '
me removal oil the public deposites from the Bank Of
ct which has follow has assumed an aspect which IN,
intrinsic importance Of The act itself doe. % ;s, T'
act Is not without authority from the Constitution or pre-
ceient ON the part Of those who have hitherto
ed the Treasury Department. and but Tor the excited state
OF party feeling, aud the tremendous struggle for mower
which agitates the whole country the removal of ,hs
depostes would, f had with any opposition nj ali
nave been regarded as merely and
have been passed without scarcely notice excrnt
from the Bank ITSELF The act has, by the enemies of tho
esnen'' peen charged to him. and denounced usur-
paoh ana tyranny, without parallel In free government
aud scarcely rvaed by the and tyrannous acts ~
the notorious and blood thirsty Tberus The Secretary
Of he treasury has been denounced being the supple
and willing tool Of the President charr with viifi
misrepresentation OF facts, and sustain Ills course from
precedent with psIpabe msquoaiion IL is moi NV nur
pose TO enquire how these bitter and
reckless assaults upon who be present 10 de-
fend themselves the character or dy,v Of ,hs &C.
nate as body, or the individuals who utter them: leave
them to the unbiased and deliberate of the Ame
'ican people, TO be formed aud pronounced when the ex
cienent oil the times IL and there period of I'M.
mpassoned, calm reflection Ii my Object upon this oc
cason TO offer low remarks, aud cite authorities to
prove, that the act VI the President was not
out authorized by the plain letter Of the Constitution
l, IS leading principle in system Of Government.
that The Legislative, Executive and Judicial departments
should be separate, aud that should not control
the other In the exercise Of its legitimate functions
This idea was beautifully and forcibly expressed
by Mr. nj adson in the debate on the formation Of The
State Department., early the first Session OF the Con.
gress-He said " therefore shall only saw if there il
principle in Constitution indeed i'm anv tree Cons;,,
tio more sacred than another il is that which
the Legislative, Executive, and Judicial powers' Ex
Perience has well justified the wisdom OF this opinion
and VIII continue TO justify il, long free
shall endure The Constitution has this separation
anu whenever one department exercises the powers APP
proriated to another, II is usurpaton hen
any power Is 70 De exercised the enquiry necessarily s
whether II be oil Legislative Executive Judicial carac
ter TO determine the which the Consutio,
has appropriated its exercise?
The Constitution either organized the departments or
designated te aud LETT their organization be conpet-
ed by law In constituting the Executive Department
the Constitution desgnates the President the Execu.
tive and thereby vests in him the of all Execu-
1--WE powers Ii reads thus The Executive uo,oey shall
be vested ia President OF the United States Of Ameri-
Ca" &c.
The Constitution having vested the Preside n, ,,i,, all
Executive powers necessarily follows that none of these
powers be abridged taken away without voIa,in
this principle OF the Constitutions that whatever power
oil Executive charscter necessarily vested in the pre-
sdent The debate which took place in the first session
OF the rst Congress- the bill establishing the Depart.
Constitution Was discussed, is conclusive OF this view of
the powers Of the Executive. The clause under consd
rato enacted that there should be chief clerk 10 be APP
pointed by the Secretary Of Foreign Affairs aud
ed as he thought proper, and who, case of vacancy
shall have the charge and custody OF all records books
anu papers aPPertsinng 10 the Department. Mr. Benson
Of NJ I proposed an amendment, that the chief clerk
whenever the said principal officer shall be- removed from
Office by the President IF ne United STATES or in I'M
other case OF vacancy. sba &C., which produced dis.
cussion directly upon the question under con.idera-
uon. MIR. Benson declared, il he sue, eeded in this
| =:
III the hrs clause to be removable 6y the Presdenf
which appeared somewhat like grant Now, the
mode he took would svade that point, aud establish Ie
g'siaye construction (of the Costulion) The smend
ient was adopted by of 30 10 49, and the words
.ro. DC removable oy the President, were afterwards
mat The Executive powers solely og ed in the Pre-.
sden and that by The Constitutions he had the power of
appointment and removal In course of this debate
Mr. NJ adison said Gentlemen have all along
upon the idea that the Constitution power in the
President"
MIR. Smith (of s. CO. said, For nv part. Mr. sosak.
er, hold any declaration whatever hiring at on
the constitutional power
Mr.. Madison further said IL il needless IN .ss;, me-
reasons why think the Legislature hot in possession Of
'his power; they were fully explained before"
MIR. Sedgwick said, " lie belle v ed there were a tbou
sand circumstances which would demand from
otce OF which the President alone could DC the proper
power" ''s"' =" possess '"'
Mr. Gerry "was glad to find the majority had relin.
pushed the right Of the Legislature grant this power
Mr. Moore expressed his spprobaIop of tIe motion
aer wa had been carried; because would have not il
thought that The Legislature possesses right TO confer
Po,oeTs, not cested az them Ly the Constitution"
mf. Boudinot 4" was against the motion, because the
Constitution vesed all erecufiue poper in the President
The power Of designating and appointing officers e.e
cute The laws, was IN It's nature trecutiUe."
MIR. 'ining was Tor striking out; "becsuse he was
sshea that Tie Constitution vested the pow in the Pre-
Mr. Madison defined with accuracy IA de fui,ion which
mas peeh uniformly scquiesced iD the proper sphere OF
ieslsisoye and executive &C ion IN rea TO the public
erees ana cD,cers ia the debate, he said The
powers relative TO offices, poy iegisiatipe and payt-
W ertcWipe The Legislature creates the Office defnes
me powers limits its duraon aud snnexes coupensa-
uoh j ms doDe The Legislative power ceases. Z hey
ough 10 nave hoIbing TO 90 with designating the
70 MI tie Office That | conceive 10 be oil = execu-
i've nature" Why? Because the President is bound
70 see Tie laws executed aud IL is his tight have those
officers about him, Who will conform 10 his will In
executing the laws: how is beio the laws executed
subordinate refuses 10 obey his odes anI he no
power to biml MIR. sdison pointed out the evil
OF such an excluave power in the Legsstuf: he said,
Ib lis point Of view, shall readily coDcudc tina II
Tie Legislature determines The powers the bonors, and
emoumehts OF an office. should be insecure IL they
we're TO designate the officer also The nature OF things
resans dd cohnes the legislative and utive auhori-
ues 10 TINS respec and hel ce il is that The Cobsi
silPustes Tor The indtPendence " each branch IF the
G0VeTHmtnf Let IL Le undt rOud that the lie gisaturs
Is 10 have sOe Influence tob ~ appointing removing
Olcefs aud say, that The people Of America
will justly fear system of sin.cures, &c. See Loyd's
Register Of Debates, fcm page ~ aud iron, page IS
10 49, This debate aud e action OF Congress UPON this
very quest oD leaves no 10 doubt that lie Consu-
ton vested al executive pon ia the President and no
alone IS responsible 10 the people the fsilUl
Ion oil the laws shd " would be anomaly Ia the sci-
ence oil government TO hold officer poDsibe tor the
performance Of executive dudes, aud yet place officers
with executive powers 10 the i've department indie
pendent Of That officer. IL sbsud Tor serious eiu-
ss0oul would enquire, the President Is 10 execute
the avs II he cannot control tie action Of those in The
executive dep1tneD II they eau rghiiuliy aud properly
resist aud disregard lis Will IL would be impossible TO 90
80. The Constitution vests the power ~ the President
alone, and holds him alone responsible; and s VAIN 70 seek
suhorty under the OF Congress, resist tins prii
DE r congress has not the power The relation "h'eb