Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-05-06
Tw enfy-third Congress.--Ist Sess
SPEECH OF MR.. LEIGH OF VIRGINIA,
On the Presidents Protest, in the Senate of The U.
States, dPiH Is, -rCoNcLupEp1

'N Se""st " INC o.
States, .Ap'H Is, ls3i-[CoNcLuDEp1
But. sir, let us see what is the principle OF these exc.
eunve proceedings which our resolution disapproves as
derogatory from The Constitution and the Laws. We have
been dispuiing what the principle in truth was; the Presi.
dent has now avowed il; and in doing so, has distinctly adj.
United, that The opposition understood il correctly, and
mat The friends OF the administration had no adequate
conce piion Of its eX cni.- He says:
" lie custody oil the public property. under such regu.
la''ons as may be prescribed by legislative authority. has
Always oeen considered an appropriate function OF the
Executive Department in This and all other Governments.
In accordance with his principle, every species of proper
~ belonging TO the United States (excepting that which
is in the use of the several CO. ordinate departments of the
Government. as means TO aid them in perlol ming their ap.
propri"te iunciions) is IN charge OF officers appointed by
the President, whether il be lands, or buildings, or mer.
chandise, or provisions, or clothing. or arms aud munitions
OF war. The superinicnden,s aud keepers Of the whole
are appointed by The President, responsible TO him, aud re-
"Public money is but a specie. of public property. Ii
cannot be raised by taxation or cus,oms-nor brons ali, into
the Treasury IN eny other way, except by law; but when.
ever or however obtained, its custody always has been,
and always must be, unless The Constitution tie changed,
intrusted to the Executive Department. No officer can
be created by Congress, Tor the purpose OF taking charge
OF il, whose appointment would not, by the Constitution,
a'once devolve on the President, aud who would not be re-
sponsible TO him Tor the faithful Performance Of his duties.
The ! gisia'ive power may undoubtedly bind him and The
President, by any laws they may think proper TO enact,
they may prescribe in what place particular portions of
the public money shall be kept, and for what reason il
shall removed, as they may direct that supplies Tor the
army. or navy shall be kept in particular stores; and il
will be the duty of the / resident to see that the law
IS faithfully eXecuted-yet will the custody remain
in the Executive Department of the Governments
Were the Congress 10 assume, with or without a le.
gislative act, the power Of appointing officers indie pend.
emily Of the President. 10 take the charge and custo.
dy oil the public property confirmed in the military and
naval arsenals, magazines, and siorehouscs, il is believed
that such an act would be regarded by all as a palpable
usurpa,ion OF Executive power, subvcrsive of The form as
well as The fundamental principles Of our Governments
But where Is the difference IN principle, whether The pub.
lie property be in the form OF arms, munitions OF war, aud
supplies, or in gold and silver, or bank notes. None can
be perceived-none is believed 10 exist. Congress can
not, therefore, take out OF ihe hands of the Executive De.
Par,neni, the custody OF the public property or money,
without an assumption of Executive power, and a subver.
sion OF The first principles OF the Constitution"
whenever or however obtained, the custody" of
public money "always has been, and always must he, un.
less The Constitution be changed, enfrused TO the Execu.
tive Northumberland cannot take out OF the hands
oil the Executive Department, the custody of the pubic
property or money, without an assumption of Executive
power, and a subversion OF the frst principles OF The Con.
srtution." Such are the Presidents opinions as TO The
extent oil his Executive prerogaiives, and such the pre-
negatives he must challenge Tor himself, in order 10 iusiiiy,
or even TO excuse, the proceeding which The resolution
OF the Senate declares 10 be derogatory from the Cous,itu-
ton and the laws. Will the eyes of his partisans. hitherto
blinded by their confidence in the innocency OF his inten.
tons, aud the hsrmlessness of his designs, be at length
opened! or will they be willing. in Difference 10 his iuIe.
ment, TO establish the dangerous doctrines, into which
those errors have betrayed him, as the practical Conslitu.
ton OF their country
la the opinion oil the President as 10 the extent of his
power over the Pu lie treasure, now at least distinctly and
most deliberately avowe ell to the NATION, shall iudeed receive
the appreciation oil the people, which he so confidently
expects, he need never ask any further concession of pow.
er. According 10 he principle he asserts, if the sixteenth
section Of the charter OF The Bank had peremptoriIy directed
that the public moi ey should be depo tied in the Bank. in
the interval between the collection and lie disbursement
without giving any discretion 10 The Secretary of the Trea-
sury TO remove them, the President would sill have had a
power 10 take them away, al his discretion or at his plea.
sure. The provision, that The Secretary, in case he should di.
ect them TO be removed, should report his reasons TO Con.
gress, was nugatory and idle; The reasons " hich The Secre-
Iary did report, were altogether imper rent; and eyerv pro.
position OF law maintained by hun, in his report, as TO the
nature oil his power over the subject, stands contradicied
and rnnlpn nal Fer il ~ .os, nI.;.t. 49,. :r a n
sidrnts claim OF power be just, his Secretary ought 10 have
assigned no other reason for The measure, than that the
President ordered ii. knew all along that it was his
main, II not his only reason, and the President himself has
now, in effect, acknowledged Ina, ii was the only subsian.
iiaI reason OF has Secretary's conduct, and maintains that
il was all suficieni. And he protests against The riobt NJ
the Senate, m its legislative capacity TO examine and re.
solve the question, whether this reason be well founded in
the Constitution and The law,! Again, il Iwo.l thirds of both
Houses Of Congress; nay, if both Houses, by unanimous
vote, were 10 resolve that the %deposites were improperly
removed, aud ought, III justice and policy, to be restored
or, il they should unanimously resolve, that the public mo.
neys hereafter cole ted S ould be deposited in lie bank un
tl The expiration OF its charter, which, | believe is HE only
.s"'~.~..~%" i, do dor ssi'ss 'hs' !, wonid be now practicable
custody OF the money by virtue of his ne W. found Execu.
Tive prerosatives and might refuse 10 restore the ,Ieposites.
or, restoring Them, might take Them away gain The next
day. And from his right 10 the custody Of lie public fre,.
sure, | suppose, he de fives, by Implication, the rich he
has exercised, to dispose OF il also; for, | repeat, what |
have had occasion 10 explain before, that he Gas, i'm fact.
lent the public money TO favored State Banks, avowedIy
TO enable them TO pay their debts 10 the Bank OF the Uni.
ted States, and to trade on the surplus for their own profit.
What becomes of the Treasuier's obligation to take care
Of the money! Oi what effect is The official bond. with
surety, which the law requires OF him, Tor the faithful dis.
charge Of his duty? II the President is entitled 10 The
custody If the public treasure, aud takes il out of the
Jreasurers hands, and ibis officer is bound to surrender il
al his bidding, his official bond, of course, is saved. That
piece of parchment had as well be committed 10 the
flames.
IL is impossible to find, in the Constitution, any pIausi.
Bile ground, upon " hith this sweeping claim OF the Pre-.
sidebt to the custody Of all public moneys, without the as.
g. IA md in no N nf fhp Il el4fu ran N n,.. o.
The Constitution contains a specific enumeration of the
powers and duties OF The Executive; it gives the President
the command OF the land aud naval forces; and il The Gus.
tody OF the public treasure, which is equally important,
had been intended 10 be cOnhdcd TO him, il is wholly TN.
accountable, that no mention OF il should he found in the
enumeration OF the powers aud duties OF the Executive.
There is none. This claim is the boldesf Implication of
pos err that has yet been attempted. The Legislature la.
wing the power TO lay and collect taxes, 10 pay The pub.
lie debts, and 10 provIds for tie common defence, and the
power aleo 10 borrow money the only reasonable implca.
lion, is, that The custody aud the deposition OF none v, rails.
ed III any way, belongs TO the Legislature. l. the custody
Of the public money, IN its nature 80 essentially an execu.
tive function, that IL cannot possibly be vested in any ofher
funcfionafy but the President This was never before
pretended-and, certainly, in most OF Tie State Govern.
ments, q speak positively as to that Of Virginia y so lar fOm
the custody Of their treasure being considered rs apper.
tsining OF necessity 10 the Executive, that department
has never had any thing TO do with H.. Does the Presi.
dent claim this important prefOgstire from his power 10 re-.
move the Secretary Of The Treasury and the Treasurer al
pleasure! lie has the power also 10 remove the Mar
shais Of The Courts Of Jusrce-fs he, therefore, High
Sheriff Of the whole nation /? j. he responsible for The
conduct Of these his deputies? May be direct and con.
troll them in the execution Of their duies' May he III.
rect the Marshal 10 proceed TO execution Of judgment Of
death pronounced by a Circuit Coatt, pending a wit OF er.
80. Il, H. ,,,,,. T.r,,fk cr.ta lie L. nj ptp;, 80