Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-15

government Coordinate with the other ,hrs. u;.,;v
as Legislators in its CONSTITUTIONAL ,ense "s -" s"e %
treasury Department. OF the Executive branch Of the
Government. S' W VIC
ongIessot 81 must have meant er vi termn 10
@Gnucaiiy apart Of the Executive power.
s,c,;om r. Speaker. we are not without light the
ne sonsemporaneous exposition OF the law as cited
c.;vSSI debates by the gentleman from Tennessee
,ey explains all the difficulty this point. will
no. ueah The House longer than call its attention 10 the
mar IN the very last stage Of the disc of this
OF responsibility to the President by the Treasury
department. MIR. Madison brought TO the attention of the
OF the anomalous character of the officer nam
dered doub'luby Mr.. Madon who submitted ha
had judicial functions in him by the law He con-
NATL so h's officer of this department should not
DC responsible TO the Executive in whom no judicial pow
or was vested BY the constitution. But his Suggestion.
were w,hdrswn, and even the Comptroller whose duties
heers of this department were left respopsibie 10 The
Executive. And then, too, Mr.. Madison comba,eJ this
now SO much harped upon as a ne idea on sc h,
Poucians Sir, have noticed that when anv rea,
i mas been made by modern politicians about our
civil poiy 1t could easily be traced to the great master,
VINO founded our system of Government. This BRIGHT
was perfectly familiar 10 them in discussion and ex-
P'oded by their decision Mr.. Madison rdicuIed the oh
ecuon. why draw these distinctions in words between
e purse and The sword, when separation OF them in
iae' can possibly exist! If the time should ever come
eePo's are 10 reign make your Treasurer indepen
o@sar' and give him nothing but KEY and iron
sure eno.e enu me public moneys and you would see,
envugn now soon he would share the fate of Nete-
JUS! The idea is ridiculous that YOU should Give nnjw
"ey 20 one oicer to protect the Treasury from another
oin'eI 10 whom you have given the S,cord. Shall we
give 'he Treasurer sword, too--a body guard a mo.
ney guard at his sole command Then he may be-
come 'he tyrant for he has both sword and purse =
thus did Monpeler's sage ridcue this mode of nro
teeug civil liberty and the public treasure; at time too
Wnen he was not IN the deereptude of his TacuIties
heavens! II the venerable form OF that great man could
now Use on this floor there are those who bv their We
hemence alone, called the lions of this House would
shrinK Deioro the gaze of his lack. Iure eye and
dwnde into pigmies before the giant strength Of his IA
culues, eren an their decrepifude Party violence would
be humbled before the dignity of his acknowledgements
and bold assertion would alter before his lede J
camaoh would hush in the presence wisdom aud ph-
oopny ruth would shine forth brightly from the still
burning hres OF his intellect; awess ambition would cover
before vruous patriotism; and nucation-poor nu,lif-
cation, trembling under the cloak of his name-woud
nee stripped naked and exposed by the great author
aud nsher OF the faith of state rights and the greatest
oeneac'or oil The country in the OF constitutional
But, Mr. Speaker it is not and n 10 alto
geer aaeious to argue this point the lao; il should
should be argued from the constitution. And Law
GOWN 'his broad proposition, that must ascertain the
description and the responsibility of Secretary of the
treasury, and OF other officer, from, the nature of
me duties phich he has to perform. Has he j,dieGt
functions |! No. Has he Legislative powers. No He
has merely to execute the law pertaining to his Office To
w"Sn branch oil the Government them does he belong,
| .hh eSsidtire power is vested in Congress. The
judicial power Of the United States is vested in one
supreme Court, and in such inferior Courts as Com
gresS may nom lime 10 fme ordan and establish" nd the
erecupe power is vested in President OF the u s. of
iiea II he is then, merely officer execute law is
he NAV
say, an executive ocer We are told not bv the en,Ic
man from Pennsy (Mr. Bnney) HeSsays that it
does not necessarily follow that officer merely to ere
cute raw must be an eTecfipe officer that there are
three departments of the Government there are exc
cuve acts to be performed under the each de-
partment, legislative, executive and judicial. Sir adj
init his proposition, and put it TO candor to saw whether
such erecuire acts TO be performed under control of
the Legislative and judicial departments are NOT ereen
tons made by the constitution itself? The clerks of this
House and OF the Senate and their other officers for in
stance have executive acts to perform but not the
do hat
choose ITS oBcers? The clerks the u States courts have
erecutire acts TO perform but does the constitution
appointment OF such inferior officers as they think proper
IN The President alone, in the courts of law, n the
heads Of departments" All The officers mentioned by
'he gentleman who have executive acts perform nde-
pendent OF the Executive, created by the Constifu
ton ITSELF independent OF the Erecufpe and put to
The Judgment OF this House, though conscious of
conendng against mighty Odds whether the Secretary of
the Treasury Is either officer OF this House or ofe
Senate; whether he such an inferior Officer as
those Uifhin the purue,o of the Constitution? II So
why was his appointment vested by law in the Pre-
sden' alone IN the courts Of law in the heads de-
par'men's! He is himself the head of departments
not OF an ereeuue department, says the gentleman.
DEFY him 10 point out 10 any other than executive de-
Payments named in the Constitution.
Ihe true question here is then, not whether the lam
Tas maae 'ne treasury department Independent of the
make II independent OF the Executive? Sir the rue ia
as was laid down in the debate OF S9-lhat every pow
or recognized by the Constitution must remain where
II was placed by that instrument late case decided
by Judge Marshall atfrms this rule. mean the case
er.pdrte Randolph.
| OPINION OF CHIEF JUSTICE MARSHALL
Robert b. Randolph, late acting Purser of the Frjgate
Constitution brought into court on a writ of Habeas
Corpus, and motion made for his DISCHARGE from
imprisonment
The writ directed the nj arshal of this district
In whose custody he s he of the officer shows
the cause OF caption aud detention be warrant issued
by tile accounting officers Of the Treasury under authority
oil the act passed the 10 day of May 1920 Which al
ter rcciiDg that Robert b. Randolph late acting Purser
Of the United States Frgae constitution stands indebt
ed 10 the United States In the sum OF $25,O97 49,
agreeably 10 the settlement OF his accounts made by the
proper accounting officer OF The Treasury and that he has
Jailed TO pay according the the better or
ganzaion OF the Treasury Department." commands the
said Marshal 10 make the said OF 25097 SO out of
the goods and chattes OF The said Randolph aud in default
'nren 10 commit his body prison there until
dlschargedby the course oaw II these proceedings fail
TO produce the said Of money the warent is 10 be ga
tisfjed out OF his lands and ;cnements.
The return shows that the body Of the said r. b. Ran.
dolpb was committed TO prison. and is detained by virtue of
this process.
"Seyera objections have been taken 10 the IeSaIfv Of
the warrant, the first and important of which is
that the act OF Congress- under the authority of which IL
IS issued, - repugnsnt TO the Constitution Of The United
States IL this objection be sustained The warrant can
convey no authority TO the officer who executed it, and the
imprisonment OF Mr.. Randolph is unlawful.
lie counsel OF the prisoner rely on several parts Of
me Constitution, which they suppose TO have been vio
lated by the act in question Tho last section Of the Sd
article which establishes the judicial department and
the 7h amendment which the trial by i6ry in
suits at common law particularly selected as having
| been most obviously violated.
"Thc scf Congress under the authority of which The
| bv which Ia