Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1834-03-27

Secretary - created, with the manifest reser-
Walton OF n reSisory aud appellate power IN
Congress. That Il was ~ regarded 10y the
President himself IN is32, is clearly Inferred
from hrs message To Congress. An agent was
| appointed TO examine into the condition Of the
parrnt Bank, with instructions tn report up
on its solvcncy, aud consequently the safety
OF the public depositcs. Tina, report dispcli-
ing all rational doubt, was laid before the
House. and the judgment Of that body was
pronounced upon the subject. by a vote OF
Ito 10 i6 members, the decision OF the APP
peliatc tribunal was put forth IA advance ol
any agency upon the part Of the Secretary !;
and the deposites Substantially directed 60
DC continued In the Bank. This appears 10
have weighed lightly in tho Executive dciib-
eraiions. For the representatives, OF the
people had scarcely departed from the Capt.
| tol Of the Republic, before the same subject
was eagerly canvasSed by the President.--
Lewis McLanc, for whom we cherish strong
aud just respect was then in the Treasury
Department. Ills views arc known To be hos
tile 10 this mad and phrsnetic measure ; aud
his translation 10 another de partu,ent had long
been intended. The impeachment found ia Ia.
opinions Is scarcely removed. and his success
sor seated in the Treasury when the subject u
pressed upon AIR. Duane. So early a. the
months Of juno aud July, IL appears that the
Executive had determined on striking tn.
| blow upon the Constitution OF the land, and
the prosperity Of the people; and II is 18th mel
anchoIy regret, that we discover among the
reasons assigned for this me ASSURE, certain DIS
closures made by the Government direction,
IN the month Of August last, when. as u ~
shown by the published letters OF the Presi-
dent to Mr.. Duane, that the step had bee n de-
/ termined by the Executive so FAR back a. the
/ preceding month. And this too in opposition
to the cntreaty Of two Secretaries Of the
Treasury, (Mcssrs. McLane aud Duane and
against the viii Of n majority OF the Cabinet
proper, and OF the Representatives of the peo-
| pic ia the session Of Congress that had recent
| iy terminated. This invasion Of the Treasu-
I ~ has been ehectuated by n most alarming
assumption OF power. Whatever doubts ma,
have distracted the reil, ctions Of the first
/ Congress on the power of removal from Office
IN the Executive, we do not think that IL is
now topic OF necessary controversy. \
few words on It may not be unacceptable -
In one OF the numbers of the Federalists,
CHE offspring of MIR. iiamilton's luminous and
powerful genius, II - asserted that the pow
er OF removal Is cohesive with the power TO
aPpoint-and by necessary consequence, that
! the President and the Senate held II IN CON
junction. The first Congress that assembled
took up tho whole subject and discussed IL
most deliberately. Mr. Hamiitons opinion
1 "~N uCtlshG Change, u uc 1NOM
cd afterwards IN the discussions under the
signatures Of Paciiicus and Hciv idius, written
by Mr.. Madison and himself. And yet with
those well known opinions of MIR. Hamilton,
IL has not been without "A sentiment of sur.
PRISE that we have seen IL asserted, that he
was against this power Of removal ~ the Pre-
sIdent, and was for maintainIn: the authority
oil Congress. la political struggles, parties
VIII seek to cast upon their adScrsaries the
odium OF offensive names, a. such names Of
ten carry more weight than attempted argtl-
/ ment. II Is we'll known, and u now stated
with confidence, that so far as this power was
claimed or resisted ia the first Congress, the
Democratic party generally resisted IL, and ii
was urged and obtained by the strenuous ex-
ertlons oil their more successful opponents.
The elder MIR. Adams gave the casting vote
IN The Senate ia behalf of ITS exIstcpce.
IL Is matter OF historical truth, that this
power was not claimed 0s incidental To- the
appointing action OF the Executive, for that
would have united ~Ith At the concurrence Of
The Senate. u was put upon that other pro
vision OF the Constitution, which requires OF
the President that he should see the laws
faithfully executed-upon this single ground
vas The power then asserted aud conceded.
We sa) exclusively upon this provision, and
no other. So,resultins by construction, II must
according 10 thc report of ~, bear a rela-
tIon direct, Immediate, aud appropriate 10 that
which belongs TO the Executive by express
grant IN the Constitution; and that u flows
from no other source IA the Constitution, than
that which requires the Executive 10 see the
laws faithfully executed. o. does so happen.
that this saue duty is enjoined by The amend
cd Constitution of virgins, in tfoss identIcal
words, upon tiic Governor Of this ancient
Commonwealth. hat would be the revolt.
ins spirit Of hot displeasure With which vour
Governor would DC visited by the people were
he TO enter your TrcasuFcr's once, and de-
mand surrender Of all the money OF the
good people Of Virginia INTO ht, hands S,r.
your treasurer might say TO tlio State ENoc-
uti'o, my duty iorO'ds It my oath lorbi,is Il
nay ohieIai bond iorbids At the genus of cur
Tree Constitution forbids Il. The custody of
the public treasury j. cOnhded by law 10 me
and owe all my responsibility 10 tie repre-
sentaiiVes OF The people. Could yOur GOV.
ernor righifuily reply, MY duty Is to see tie
laws faithfully executed the power Of re-
movai y ~ we, as an incident TO this duty-
The laws of Virginia do not mean what the
statute Books imPOrt--they mean what I,riH
them 10 mean, add nothing more aud here.
~ remove you from Office, and seize tie put-
lle treasures, by putttng them inio tho ousto-
~ Of another. Who cOnstTuos his duties a.
founded Ia the laws, and ~ interpret the IN.
L
scene widely apart from that exhibited upon
another theatre, exhibited By another EHecu-
tiVe, drawing power by a grant e1pre-sed ~
language precisely the saint
/ The act of Congress Of 1850. define. with
mnutencss the dulles n ihe Treasurer q a..
United states. ite shall receive snd Keen
the MONIES of the Quilted states he shall. 90.
T the third day 81 every session, Isy before
I tuugfcss TAR and accurate copies 81 bis tr1ns-
\ actions, and q perfect account Of the state Of
tho Treasury FOR tbc hdcidy uith which
he . a. discharge uiOsc fuuc u0ns, bond and
security g. heavy amount are gwen, ard be-
/ . required o. take a. oath II ugiice Would
tle Prcsidesrs Interpretation u his duties.
7 shield hin from prosecution on thc bond o.,
oath ould your courts receive " a. a plea
Il bar The spirit of liberty. - Justice.
/ ard q Law, would rice up on rebellion q, II
I The custody n shc federal Treasure was DE-.
] signed g. bc hrby law Add q tie icih sec.