Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1834-05-08

customs, nor brought into the Treasury in any
other way, except ny law buf trhsssrer a.
hosesosrsr ebfs,nsd, ats Custody si.rsgs kas bsea
sad slsrsss vsasf be, ssIess the esnsiiuiio-, BE-
oAmged, entrusted 20 the Erse aiirs Dspari,aent.
No officer can be created by Congress, for
the purpose of taking charge OF IL, whose up
pointment would not, by the constitution, at
once desoivo on ;he President. and who
would not be responsible 20 him Tor the faith
ful performance Of his duties. The Iegi.la-
tive power may undoubtedly bind him and
the President. by any laws they may think
rroper To enact; they may prcsc ribe IN what
place particular portions OF the public none,
shaii be kept, and for what reason IL shall be
removed. n they may direct that supplies for
the army or navy shall be kept in particular
stores and IL will be the duty Of the Presi-
dent To see that the law Is faithfully -xecut-
ed; yet will the custody remain in the I've
CUTIE Department Of the Government Were
the Congress to assume, with or without a
legislative act, the power Of appointing ofi-
GERS independently OF the President. to take
the charge and custody OF the public proper
ty contained IN the military and naval arse
nails. magazines, aud store houses, IL is be-
ieved that such an act would he regarded by
all n palpsble usurpat,on of Executive
power. subversive of the form .. we'll as tho
fundamental principles Of our Government
: But where II the difference in principle, he
) Their the public property be in the form Of
arms, munitions at war, aud supplies or IN
gold and silver, or bank notes, None can be
! perceived; none j. believed to exist. Con-
gross oanHot, therefore. take cur If the hand, a
me Executive department Lhs custody ~ IN, puL-
he property o. MONEY. tciiheuf an assumption Of
f-Ieeahre po'cer, and a sii5rtTsiOn IF the hr,f
prine pies Of the eon,fitBiion"
"WhenSocver, or however obtained. the
custody" Of public money always has been.
and always must be, unless the constitution
be changed, entrusted 10 the Executive DE.
paHment" Congress cannot take out Of
uhe hands OF the Executive Department the
custody OF the public property or money.
} without an assumption OF Executive power.
aud n subversion Of tho first principles Of the
constitution" Such are the PresiJcnt's orr
mons as To the extent Of hrs Executive prero-
gatives; aud such the prerogatives he must
challenge for himself, in order to Justify. or
even To excuse the proceedings which the
resolution OF the Senate declares 60 be dero-
gatory from the constitution and the laws
Wiii The eyes OF his partisans, hitherto blind
ed by their confidence in the innocency of hi,
intentions, aud the harmiessnes, Of III, de-
signs, be at length opened: or will they be
willing, m Difference To his jude ment, to esta.
DISH the dangerous doctrines into which those
errors have betrayed him, rs the practical
constitution Of their country;
u the opinion of the President as TO the
extent OF his power over the public treasure,
now at last distinctly and most deliberately A.
vowed 10 the nation, shall indeed receive the
appreciation Of the people. which he so conf
dehuy expects, he need never ask any further
concession Of power. According To the prin-
eiPie he asserts, IL the sixteenth section of
the charter Of the Bank had peremptorily d.
reeted that the public moneys should be de-
posted IN the Bank, in the interval between
the collection and the disbursement. without
giving any discretion to the Secretary Of the
treasury To remove them, the President
would still have had a power 10 take them n
way, ut his discretion or Mt his pleasure. Tn.
provision that the Secretary, in case he should
uirect them To be removed, should report hiS
reasons TO Congress, was nugstory and idle
inc reasons which the Secretary did report,
were altogether impairment; and every pro-
position OF law maintained by him. in IA, r.
port, as TO the nature Of his power over IN.
SUBJECT, stands eontradicted and condemned
for Is inoss obvious, that II the Presidents
claim OF power be just, Ais Secretary ought 10
nave assigned no other reason for the mea.
sure, than that the President ordered ~
knew all along that il was hIs main n M, n,
only reason; and the President himself M,
now IN elect, acknowledge that il was The
only substantial reason Of las Secretary's con-
ouc', and maintains that IL was all-sufIcient
ara YET no protests against the right Of the
senate ~ ITS legislative capacity, TO examine
and resolve the question, whether III, r.aso',
be we'll founded in the constitution and thr
AVS Again, II two-tbirds Of both Houses
OF congress, nay, IL both Houses by unani.
nous vote. were TO resolve that the de po.ites
were improperly removed, and ought IN ms
tee and policy, To be restored, or AZ ihsy
should unanin usly resolve that the public
moneys hereafter collected should be de posi-
wu IN the Bank until the expiration OF its
charter, which, believe is the only res,ora.
uon OF the dcPosIies that IL would be now
practicable 10 accomplish, the President
would sill be entitled To the cu,tody az The
money, Oy virtue of his new found Executive
Prero.aii'es, and Inlght refuse 10 tore Ia.
l"ePoehes, or, restoring them, might take them
away again the next day. And from his riyLt
10 The custody Of the public treasure. sun.
pose, he derives, by implication. the rigbt 4.
has exercised. To dispose Of II also: for re-.
peat what have had occasion 10 ca main bc.
ioTe' That be has, ~ fact, lent the public mo-
ne) To favored state banks, avouedly 10 ep,.
Dis them To pay their debts 10 the Bank of
nc Cb"ea States, and To trade on the surplus
IOr their own profit What becomes of The
ireasufsr's obligation 10 take care Of the mo-
ney' OF what effect ~ the Official bond ,v,,,,
surety, which the Law requires Of him. for the
Is'hiui discharge of his duty ~ the Prc.i-
gent IS entitled to the custody 81 the public
'easufs' and takes Il Out Of the Ttea,uter'.
"a"us' ana THIS oficoT - bound To surrender
Al h's bidding, his official bond. of course.
saved That piece Of parchment had a.
ven be Committed 81 the flames
IS impossible 10 find IN the constitution
shJ plausible ground, upon which this sweep
ns claim OF The President TO the custody Al
=" Puohc moneys, without the Assent AMI ~
~, ., 'ne Legislature, can be supported
"e constitution contains specific enumcra.
W" " .he Po"ers aud duties Of the Execu.
I've. gives the President the command
a. 'he i1nd ADD naval forces and. n
'he custody Of the public treasure, which
equally important, had been intended 10 he
sonhded 10 him, u Is wholly unaccountable
lhai no mention ~ Il should be found m the
snumsra'ion u the povers aud dut,e, Of ne
Executive. There y none Tb,, -
,he Doldesi implication 81 power that has
been attempted The erislatufs hsy;a. 49,.