Litchfield enquirer., 1834-02-20


 of its exercise If it be absolute, its only reason is a reference to its own will.
 The committee think. therefore, that no absolute and unconditional power was confer red on the Secretary; that no authority was given him by which he could dEpriSe the hank "f the custody of the public moneys without reason; and that. therefore, his opinion is-not to fe admitted; that in nc event can any or der for removing the depOsites impair the right secured iO the hank by the charter. If removed without good cause, the conimittee think the removal does impair the rights of the bank. ' @%
 But the opinion of the Secretary az to his own powers, Is dly more limitrd in respect to inc G"vernment and the country, than in regard tO the rights of the bank.
 His opinion is, that it is his duty, and with iD his authority. in this yieay, als. to with4 draw the deposites of the public' money from
 the bank, Wheneyer such change would, irI any degree, promote the public interest," :. The safety of the deposites." he says, tiss, nbiiify of, fife bank to meet its engagements,
 ts fidelity in the perfbrmance af its obliga-. tions, are only part of the considerations hy
 which his Judgment must be guided. The general interest and convenience of the peo- pie n1nst regulate his conduri."s Asi
 By the general interest and convenience of the people, the Secretary can only mean. of course, his own sense 0f that interest and con- venience; because they are not otherwise to be asccrtainsd than by his own Judgment.
 The Secfetary's construction of the law, is. therefore, that he has powertto remove the. tiepositss, wlleDeyer, fof any reason, he thinks the public good rsquirysit. 2Af.4
 Fn this misrepresentation 0f the design and ob- ject of the law, and this broad constructionu lhe Secretary's power, the committee do not concur. s..
 Although the power of the Secretary is not restricted by any express words or terms, nor by any particular Occasions for its exercise, specially and expressly dpsignated or prescri- he'd by the law. vel it is not to be admitted, as the committee think. thai this power is to be exercised capriciously, or in an arbitrary or for loose or conjfctural reasons pr on any idea of an unlimited discretion, yes led in the Secretary, to judge on the general question of the public welfare or, indeed, on any other grounds than those of necessity, or plain and manifest sxpedience. di.ectiy con nected with the subject over which the pow er exists, ~
 The keeping of the public money is not n, matter which is left, ar was intended tu be left at the will of the Secretary, or any other off, cer of the Government. The public money has place fixed by law, and. settled by con- tract; and this place is the Bank of the Unit. ed States. In this place it is to remain, until some event occur requiring it's removal. To remove il, therefore, from this place, without the occurrcnce of just cause, Is 10 fhwart the end and design "t the law, defeat the will of Congress. and violate the contract into whicA the Government has solemny entered.
 It is fit to be observed, that no other law confers on the Secretary such a wide discre- tion over the public interests. in regard to any subject, or gives him U power ,to, ,sct on the
 rights of others. or on the rights of the public,
 in part of his official duties, with so uaiimited an authority as is here asserted. Every where else, he appears in the character of limited and restricted agent. He isihe financial off cer of the Government he is the head of the Department of the Treasury. His duty is, to report annually to Congress the state of the fnances, and communicate to either House, when requested. any infornaation respecting the Treasury; and he Is fO superintend the cOljacti0n of the revenue. But he has no att ihoriiy over the circulating medium of the country. either metallic or naper, nor has he the. control of the national currency. 1t is no part of his duty either 10 contract or expand the circulation of bank paper, nor in any oth- er way tO exercise a general superntendence over the monoy system of the country.- These general interests of the Goyernmcnt aud the people are not confided to his hands hy any of the laws which created his office. and have prescribed his duties--arid the com miiiee are of ol'inionl thai the charter of the bank no more intended to give such wide scope to the Secretary, i0 regard f0 the de- posites, than other laws intended .o alye him the same wide scope, in respect to other du- ties of his office. No intimntion of such in- $ tenfion Is found. either in the charter itseif CT m, any of the legislative debates which took place in both Houses when the bank was es- tabilshed--pF in the discussions which have been had on the various occasions " wliich have been more recently presented for calling forth the sentiment of Congress. In none of these sources, is there to l5e found any proof that the Legislature has delegated. or intended to delegate, this extraordinary pow of judging ofihe general interest af the people, tolthu Secretary Of the Treasury. Such power.si did he possess it, would necessarily make him the general superintendent of all the proceed ings 6f the bank--brcause 1t would enable < him tO compel the bank t0 cnnfarm nll ifs 0p-i erations to his pleasure, under penalty ofsuf-i fering N removal ofthe public uioneys. This would be little less than placing all the suh. stantiai power of managing the hank, in his hands. But he is not by law it's manager, nor one of its managers-Dor las he any right, iu any form, io interfere in nitsmanagenent. On the contrary, the very language 0f the char ter rejects all idea of such general supersision over its concerns hy him, or any other officer of Government. That language is, that (. 10r the 1nQnNpennenf n fhe n ir;ra f tks