Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-04-22

is obxi, no
eoempo' sneous construction Of the and IN.
uuitorm practice under il. ~
ne power OF REMOVAL was topic Of solemn debate in
tue Congress o. 1882 while organizing the admin
departments OF the n and n was finally dec
Ell, that the President derived from the Constitution m,
OF remoSa so lar as regards that Department, tor
whose acts he Is responsible. Although the debate
tue whole ground, embracing the Treasury as AZ All
the other Executive Departments II arose On motion ia
ou o' cue oni 10 establish Department OF Foregn
h"hrs SINCE called the Department OF State clause de-
esri"g The Secretary Ito bs removable from otfc. y e
PRESIDENT OF the U. States" AL er that motion H.. hen
useueu IN Tue negative, II MAS perceived iha, th.s.
words d'd not convey the the House of ,
senaives, ~ relation 10 the true source of the 81
oVa'. win the avowed object OF preventing any future
,ue.ence' mat his power WAS exercised by The
IN virtue OF grant from Congress- when in lac, Ia, h
ny considered Il as derived hom thu Cou.,i,on ,h.
words which had been the subject of d, b., w.r. s,t
ou'' anu III he" thereof clsu'e inserted in proyi
slon concerning the Chief Clerk of he Den .r,.n, h,
aecafeu, sa' whene,er The said pncp pal officer shall he
is"ored iion oilicc by tie President of IN. u,.,.s
states, OF IN any o'her case OF vacancy, the t,h;s,
e'c's should uuug such Vacancy, have charge ~ ,,
psPe VI 'e ONCE his change having been ,ns,s Tor
AP'ess pm pose OF declar'ng the sense Of Copyress
.nat the President derived the power of RENE, Il l h
CONSTITUTIONS the act as passed. has always been co..
uered as u expression VI the sense II The eg;., 49,,
on ms important part oil the American Cons;.,, s. VIZ
Here then we have the concurrent authority OF ps
ash'ngton OF the Senate, aud the House Of R.nre
.e""Ves numbers oil whom had taken an scv. ar, ;,,
.he convention which framed the Constitution and in M
o'a'e conventions which adopted it, that the
rived an unqualified power of renov. from iha, ;ns
. mn nsem' which Is "beyond the reach of Legislative
authority Upon this principle the Government las moss,
zee" steadily administered Tor about forty five wears dur
'ng winch there have been numerous removal ,naie hy
Tue President or by his dire con every
executive officers, from the Heads Of Department 10 IN.
messengers oil Bureaus. - 80
The Treasury Department i'm the dscn,s;,ns =, ,,oo
eosiuereu Oh the same footing other Executive
pepaFtmen's, aud in the Establishing il, The ar.c;
WORDS were incorporated Indicative the sense OF co
gess that ne PRESIDENT derives his power remove The
Secretary, rom the Constitutions which apuear In, h.. 90.
establishing the Department, Of Foreign Affairs An az
Al
vhed that he should take charge of the book. and an
wheneverthe Secretary shall be removed
,o once oy The President OF the u So The Secretary of
"e ifeaury being appointed by President and heinz
considered as consituonaly By him II
10 nave occurred any Congress OF i7s9
" si"ee' un very recently that he was other than am
EAecu'Ve officer, the instrument of the Chief
M"Ettrd'e III the execution OF the laws sul,ct ILe al,
o'ner deads oil Departments, 10 his supervision and con
o' NO SUCH ided as an officer of the Congress can h.
onnu IN the Constitution, appears to have ~
ser 20 host VINO organized the Government There are
ulcers ., edch fiouse, the appointment OF which is an
hozed by the Constitutions but all officers refcrra 10 -
ainsrumeh, as coming within the appointing mower of
avs are oiiicers OF the United S,stes'' No Joint
Of appointment Is given to the Houses Of
's mere any accountability to them one body: but az
soon as any ONCE created by law of whatever name mr.
eharac'er HE appointments OF persons 10 fin
oy Tue Constitution upon the Preside t with the advice
, sen' OF NE senate, unless it lie Inferior Office
shu me appointment be vested by the law itself sin ,b
PRESIDENT alone, in the OF law or in In. Heals M
Departments" " " $50 -S"'' VI
Do
pa'eh'' an incident occurred which distinctly eyinces
me unanimous concurrence of the fro, Con,r T.; a.,
principle mat the Treasury Department is wholly Execu
1--WE III us Character and responsibilities mo,;on ,,.s
nade to strike out The provision of the bill nakn il ,
uuy oil Tie Secretary io digest and report nI.n cr ,L
h ana management OF the revenue aud Tor
e support oil public credit, the ground that il would
give The Executive Department of ia. t;ov.rrman, ~
"uch influence and power in Congress- he mo,u was
opposed OH the ground that the Secretary was the off
congress and responsible tina, body which would
nave been conclusive, il admitted but ON olber eronud
whIch conceded his Execu i've character i,rouenuul
inc whole discussion evnces AN uuanimo,, concnrrsnc
IN inc principle that the Secretary OF the Treasure i.
whoy an Executive officer and the struggle of the mi
uoIy was TO res'rc his power such. From that time
ao"h 10 the present. the Secretary of the Treasury The
ireasurer' Register Comptroiers Auditors, and CILs
VINO MI Tue otces OF that Department, have in the nrac
~ 81 1 hmen' been considered aud reaied as on
ooig with corresponding grades OF oil GERS in
sh we Other Executive Departments "
me custody OF The public properly. uo dor such rcr,
'onS DIS may DE prescribed by legislative authority has
Always oeen considered appropriate function of The
.Aecuve department ia this AMI all other Governments
l" aceo'aahce VITA this principle every species of pro
perry belonging to the United States (excepnp ,,t which
- III e use oil the several ordinate Departments OF the
as means to aid them in performing their
appropriate iucons charge of officers appointed nv
.ne frcsden whether it be lands, buildings or m.r
se u, provisions, or clothing, mum ions
oil war The supernendents and Ike epers of the yhoJe
removable at his will. " ''' a''u
nu"'c money Is but species Of public property. II;
cannot De raised by taxation customs nor brought into
inc treasury IN any other way excep by law. hui when
e' vi no"soeVer obtained, its custody always has been
ana Always must be, unless the Constitution he cb,roed
,'r"s'eu 10 Tue Executive Department. No officer an
DE created by Congress the purpose of taxing CHARGE
H. whose appointment would NOT, by the Constitution
al once devoive the President and who would moi he
responsible 10 nm Tor the faithful performance OF his d
ne eei-iative power undou bind him md
% esoeh' oy any laws they may thiak proper TO enact:
'"ey may prescribe In what place particular portions of the
p""e money sha De kept, and for what il shall he
as they may direct that supplies for the army or
navy shall be keptn particular stores and IL will be the d
OF me President 10 that the law is faithfully 10
e"cu-yet WI" the custody remain in the Executive De.
par"ent OF tie Government. Were the Congress 10 as
sum-, WIN or without legislative act the power of an.
ppng omcers independently OF the President TO take
III the military and naval arsenaIs and
houses is believed that such act would be
ny n' 'S pdipabie usn'pston OF Executive power sub
Versive oil The form well the fundamental princoIes
oi our OoVenment But where is the differences in orin
cP ""eher the public property be in the form arms
munitions OF war, and supplies, in gold and silver or
odDS noeS None can be pcrceived-none is believed
!" exist Congress cam t. therefore take ont of the
handS OF the Executive Department the custody of the
puohc property or money without an assumption of Ex
ecuve power, and subverson Of the first PRINCIPLES of
| the Constitution. fP' "
| The Congress of the United States b.vs ,orou .,
an ACT lnpeduvely directing that public none vs. shall
De KEEP, IN any particular place places From The ori
gun oi me government 10 the 1916 the staue ook
was whoy silent on the subject. In 1889 Treasurer
was created subordinate to the Secretary OF the
ana through him to the President He was reuured IN
give oonu safely to keep and faithfully to dsburse the
pubnc moneys, without direction "a 10 the IN amer mr.
places IN which they should be kept By reference 10 The
prdchce OIL the government IL is found that from its first
WRdWlanon Inc secretary OF the Treasury
me supervision OF the President designated the places il,
wcn me poiic moneys should be kept, and specially d