Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-04-17

ject upon which the power is to be ex
ercised. 1t is the only cause of which
The functions of his office and his rela-
tons to the bank authorize and enable
the secretary to judge, and which is of
such nature as to require immediate
action without previous reference to
congress. Ii is the only cause which
would justly deprive the bank of the
use of the public moneys after having
paid for it. 1t is the only cause which
congress could safely submit to the dis
erection OF the treasury, without aban
doning to that officer the whole scheme
of public policy in regard to national
bank.
1. A cause that does not directly con-
Germ thu subject upon which the power
is to lie exercised, must regard the pub
lie moneys as an instrument, and not as
an object of the power. To comprehend
such cause, the charter must be con-
strued to give the secretary an unlimit-
ed choice Of the objects to be attained
by the custody Of the public moneys;
for as none are pointed out by the char
ter but those of mere custody and trans
fer, the instant that these cease to be
the only objects Of the power, we are
without any limitation. Whether the
purpose of the secretary be local or ge-
neral, whether is be to make money dear
or cheap, to regulate or to disturb ex-
changes, to promote or retard public
works, to increase or diminish the a.
mount Of bank discounts, to excite or
eonnteract political movements, each
aud all of these objects must be within
the discretion Of the secretary, if any Of
, them are.
2. That the secretary should be en-
! trusted with power necessary to pro.
: tect the treasury itself, or to meet the
; demands upon it, is reasonable. If the
public moneys are exposed to danger, he
! must first perceive its approach, and
f, would be best able to measure its extent.
: He also, from his official position, mus!
l know the condition which public engage
ments require to be given to the means
; Of satisfying them. The power, which
I. either danger or the public credit makes
necessary. is one that does not admit of
f delay, whether congress be in session OF
not. The action re quired, to be effect
+. ual, must be in some cases instantane
GUS. The grant OF reservation Of such
power to the secretary OF the treasu
ry was necessary and proper. But ii
the public moneys we're to be made AT
instrument for effecting an ulterior OBJ
ject, no reason can be imagined why
the power of using them should be Civ
en- to the secretary rather than to the
+ president, or why it should be given to
either instead of bel g left to the ac-
ton OF congress. That nothing but
the safety and distribution of the ma.
tlonal treasure we're the lawful objects
of the secretary's power, is conciuslvely
, shown by the Circumstance that the
"Act to establish the treasury depart
f ment," the very moment that the secre-
, iary gave the order not to make the de-
. posites in the bank of the United States
placed them in the hands of the treas
urer, who could lawfully make 10 dis,
position of them, but to keep them Sc
cnrely, to be dsbursed according to law.
A removal of the depo,ites for any pur
, pose, except to place them in this Gus
tody, would be not only violation of the
rights of the bank, but of the functions
of the treasurer as created by law.
n The minority are aware that an ella
borate inquiry into the history and prac.
. tice Of the treasury department has been
. made by the committee. for the purpose
of sustaining the position that the secre
tary of the treasury has the right, not
!, only to superintend the collection Of the
revenue, but to direct in whose hands it
shall be placed after it has been collect
ed, and for what purposes it shall be
placed there. The minority do not en-
f|tertain the opinion that the inquiry has
sustained the position Of the committee
1t ought to be "A sufficient objection to it..
that it gives to the secretary power
which the law does not give him. The
secretary's asserted power is both with
out law and against law. l, is further
objection to it, had most of the prece-
dents OF treasury practice referred to,
are directions affecting the collection Of
the revenue, which, by law, is under the
superintendent Of the secretary. The
acts Of general Hamilton, the first score
tary of the treasury, are all of this DIES
IcrlPtioD; they prove nothing to the pur