Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-11

| y, ;n " '"e press, through II aud by other me ans
" "huehce me elections, and thus, il possible TO tuou
me ac"on oil the government to its Interested md abi
uous purposes IL an example OF such fearful omen
he morals and liberties Of the country could have
ed without the stern and il has met from
indeed, fatal degencracy
From this general review Of the conduct of tho Ran,
-, us various relations 10 the public hope have show
Mr. PRESIDENT, that IT. at least has no lust cause TO com
pn VI me an'madversIon i which it has been visiie,
W me removal oil the public 5eposites trust also sir
a have shown that in The act Of the Secretary of The
re'sury, ordering that removal, there no want o.
eSd authority Here, then, believing az do thai o,,
highest duties 10 the and to the pubc be,ie.
forbid our doing any thing. required by law aud JUS
uee winch would tend to strengthen this dang and
unconstitutional institution (and such, think, would bs
he inevitable tendency OF restoration of the
might have been content TO Terminate my view of the
subject But grave questions Of constitutional law have
9eeh male IN regard 10 the and the chel
Executive officer on this OCCASION which not 10 be
summed. Questions OF this Sort when they arise, should
oe nm'y met anu iuy and fairly assed, nothing
can be OF deeper interest the people the States
Ibis conederacy than the OF the true prn
and established"
on this branch OF the subject, there is discrepancy OF
opinion among those, who have, nevertheless united in
cen-urlng the conduct Of the administration. under
sand the Senator from S. Carolina, (r Cahoun) dis
hncty TO admit the constitutional power of the President
10 supernend and CONTROL if necessary, the action Of the
reasuy department., IN reference this question while
he honorable Senator from Kentucky, (Nr. Clay utter.
denies this power, and considers the conduct of the
President as papable usurpaton Here Mr. Calbomn
rose and sad that though did not consider the conduct
oil The President usurpson, he considered il gross
abuse OF powell Sir, (aid Mr. r. } the only question
presented by the resolution under consde ration is
lion OF the eristence, not Of the abuse of power Those
resolutions directly affirm, that the President had as
suea 'he exercise oil power not granted by the Con-
sh'u'ion anu laws Whether the conduct OF the Presi.
dent under the circumstances OF the case an obuse
depends upon what had been the conduct Of the inst.
uon' whose supervision was inrusted to department
cared by the Senator from South Carolina to be under the
superinendence and control Of the President and if the
views which have already presented OF the conduct OF
that institution, have any foundations ALI will agree that il
the President possessed the power the occasion had oc.
Cured when IL ought TO be exercised.
viii now, Mr. President, examine the several posi-
lions which have been taken by The Senator from Ken
lucky, (Mr. ClayD in relation this question of con-
stuional power The honorable Senator first airms that
BY what has been with regard 10 the removal nj The
public deposiies the Bank of the United States The
Executive has usurped the power over the Iyeasuru
and the public purse, which the Constitution has excIu
sively vested in the Legislative Department In enorc
Ing this position, sir, he has presented to us, with his
Characteristic eloquence the alarming consea ences
an union Of the OF the and Of the purse
IN The same hands As 10 topic is better calculated TO
arouse The jeaouses OF free people than this becomes
US TO aDalyze and examine it, and how Tar il has
any just application to the subject under
Sir II Is great maxim Of constitutional liberty in that
country, from which we have derived many of our
Institutions, that the powers of the sword and the purse
should be kept separate and distinct and the
S Semss 10 ana M 'Sq m seS
of the sword is in the hands oil the King. He
declare war, make peace, raise armies, equip fleets
But the supplies for the prosecution OF the for the
OF Parliament and thus the power Of the purse is
lodged in the hands OF the Representatives OF he people
This is considered the great security oil English liberty
that the King. who holds the power OF the sword has
power the public purse. But what is this power Of
the purse, which is thus jealousy and wisely withheld
from the Executive Magistrate? Why sir, evidently the
power of drawing money from the pockets OF the people,
and Of designating the objects which il shall be applied.
The power OF the purse, then, oil which have heard
much in the course OF this discussion, and much,
be permitted say that is vague and nIete rminate
is, in The true ituonal the power of tan On
and appropriaiionthe power OF raising money by taxes
Of determining in what manner and TO what they
shall be rails d. and 10 what objects they shall be applied
This great power here, as IN Eng land is exclusively
vested, il ought be- in the immediate
of the people The Constitution expressly declares at
C0ngress shall have power tolay and collect taxes duties,
mposts, &C., and that no moneys hall be draws from the
Treasury but in consequence OF appropriations made by
id,o These are the provisions of the Consiu ion which
confer and define the powero Of the purse. But " lille the
general powers TO raise and appropriate money for the public
service vested in Congress, certainly never could
have been intended that Congress seH to collect, to
receive to keep, to disbyse The public money. These
are subordinate ministerial functions which must OF
cesy be performed by executive agents, under the ge.
neral provision OF the law In England, sir, where,
have seen, the power Of the purse is fully and eec
tually vested in Parliament, Is, nevertheless, the Er-
chequer and the Treasury Executive departments which
manage the collection and expenditure of the public
under authority Of law. So with u.s. sir, the min
isieal functions OF collecting, receiving, keeping, dis
bursting the public money have been invariably
on the Executive officers Of the Government.
II is true, sir, that Congress- in the exercise Of its le
gsave powers, may aud ought Gas far consist
ent with the public interests, which might, in certain
require discretionary power 10 be lodged with the
Executve) prescribe place oil deposte Tor the public
moneys when collected; but il such prescription be
made by the legislative authority ii devoyes necessarily
on the Executive Department., charged with the colec
ton and safe kee ping OF The pubic moneys TO
where they shill be deposited aud kept Such the
in the most unlimited previous 10 the passage
an act in 1900 which required, that certain places, the
bonds taken for the payment Of duties shoo be deposited
in the Bank Of the United States or lis branches for col
lection Before that ime the Treasury Department
caused the public moneys TO be deposited wheresoeveI
Ii ought pToperin instances In the hands OF public
officers others in the State Banks, and others again
in the Bank Of the United States and ito branches Thi
did at its perfect discretion, without its being ina
gned that IN doing II encToached Oh that power OF tn
purse which the Constitution had lodged in other hands
When the present Bank Of the United States es
tabsbed, its charter contained provision that The de
posites Of the public money should be made in it i'll
branches, unless The Secretary othe Treasury should
anu time otherwise order and direct IL the Secretary
othe Treasury in the exercise OF the discretion thus
served TO him by the law should order the public money
10 be deposited elsewhere lac certainly usups 10 egsa
tive power over the public purse. lie merely executes
subsidiary trust n regard the place Of Keeping the pub
lie moneys, which has been expressly conded TO him b.
the legislative department itself.
But sir IL has been aggped that by the act incorpOrat
ing the Bank Of The United States, with the provision
above mentioned the Bank was in effect, constituted tia
Treasury of The United States. and that in removiD
the public depostes from the Bank money bad beef
drawn from The Treasury in vio aon Of the constitutions
declaration that subject ~ the act Incorporating li
Bank could by possibility, have had The elect at fibule
TO it, Of converting the Baak, by strange meamor
pl,o.is into the National Treasury, still II became Tia
Treasury sub mOdO oaly thai y, only long as the Sc
eretary might ORDER the public BOneys TO be depose
else here. When the Secretary shond order She publ
moneys be deposited elsewhere uen, IN virtue o! III
very provision referred TO- te Bark ceased to be the Fre
| Rat Il Ol logical cieou ia