Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-04-19

pear IA fairs. An assistant Secretary OF the
fs,,rv was created, and 1t was pIo'iuSu tno'
IreeeS,.ld take charge of the books ana papers
nc .ns Department "whenever the secretary
OF u 10 removed from Office by the Presloent OF
s sue limited States" Inc secretary u lis
me being appointed oy the rresiuehs, ana
Ireasm aoynsdered as constitutionally removable
DeinY y anpears never to have occurred to
by n'n na in the Congress of $780, or since, until
any o.acentlv that he was other than an Execu-
very seer. the mere instrument of the Chief
uvo strate in the execution of the laws subject,
Moe sSall other Heads of Departments, to his SUI
nA su;Son and control. No such idea as an Off
PET the Congress can be found in the consti-
ce Cen or appears to have suggested itself to
. .Se.yw who organized the Government. There
l'os ofTicers of each House, the appointment OF
arc arch is authorised by the constitution, but all
SGcers referred tom that instrument as coming
'rtbin the appointing power of the President,
With wsa,her established thereby or created by law,
WIZ aoficers of the United States.o No joint
or of appointment is given to the two Hous-
of Congress nor is there any accountability
q them as one body, but as soon as any office
.~ucreated by law, of whatever name or charac-
.sr the appointment OF the person or persons to
am deyOlves by the constitution upon the Pre-
IN las ~ with the advice aud consent of the Sc
sta unless it be an inferior Office, and the APP
eminent be vested by the law itself Sin the
ProSident alone, in the courts of law, or In the
Heads of Departments"
Rnt at the time of the organization of the
Treasury Department, an incident occurred
which distinctly evinces the unanimous concur
renee of the first Congress in the principle that
the Treasury Department is wholly Executive
in ifs character and responsibilities. motion
was made to strike out the provision of the bill
making it the duty of the Secretary " to digest
and report plans for the Improvement and man
aoement of the revenue and for the support OF
nHbIc credit on the ground that it would give
the Executive Department of the Government
too much influence and power In Congress-
The motion was not opposed on the ground that
the Secretary was the officer of Congress and
responsible to that body, which would have
been conclusive, If admitted, but on other
grounds which conceded his Executive charac-
tertbroughout. The whole discussion evinces
an unanimous concurrence in the principle, that
the Secretary of the Treasury is wholly an Elk
ecutive officer, and the struggle of the minority
was to restrict his power as such. From that
time down to the present. the Secretary of the
Treasury, the Treasurer, Register Comptrol-
lers Auditors, and Clerks, who fill the offices of
that Department, have, in the practice of the
Government been considered and treated as
on the same footing with corresponding grades
of officers in all the other Executive Depart
ments.
The custody of the public property, under
such regulations as may be prescribed by legis-
latiye authority, has always been considered an
appropriate function of the Executive Depart
ment in this and all other Governments. In ac-
cordance with this principle, every species OF
property belonging to the United States Eek
ceptng that which is in the use of the several
coordinate Departments of the Government,
as means to aid them in performing their appro-
pirate functions is in charge Of officers appoin-
fed by the President, whether it be lands, or
buildings, or merchandise, or provisions, or
clothing or arms and munitions of war The
superintendents and keepers of the whole are
appointed by the President responsible to him,
and removable to his will.
Public moneys is but species of public
property. 1t cannot be raised by taXations or
customs, nor brought into the treasury in any
other way, except by lay; but whenever or how
ever obtained, its custody always has been,
and always must be, unless the constitu-
hon be changed, intrusted to the Executive
Departments No Officer can be created by
Congress for the purpose OF taking charge OF
it, whose appointment would not, by the consti-
tuition, at once deyolve on the President, and
who would not be responsible TO him for the
faithful performance of his duties. The legsla-
tive power may undoubtedly bind him and the
President by any laws they may think proper
to enact; they may prescribe in what place par
ticular portions of the public money shall be
kept, and for what reason it shall be removed;
as they may direct that supplies for the army or
navy shall be keptin particular stores; and it
viii be the duty of the President to see that the
law is faithfully executed-yet will the CUSTODY
remain in the Executive Department of the Go
vernment. Were the Congress to assume with
or without legislative act the power of APP
pointing officers Independently ofthe President,
to take the charge and custody of the public pro-
perty contained in the military and naval arsen-
ais, magazines, and storehouses, it is believed
that such an act would be regarded by all as a
palpabe usurpation of Executive power, subver-
slve of the form as well as the fundamental
principles of our Government. But where is
the difference in principle, whether the public
property be in the form OF arms, munitions of
war, and supplies, or in gold and silver, or
Dank notes? None can be perceived-none is
oeleved to exist. Congress cannot, therefore,
take out of the hands of the Executive Depart
ment the custody Of the public property or mo-
hey, without an assumption of Executive pow
er and subversion ofthe first principles ofthe
constitution
The Congress of the United States have ne
' yer passed an act imperatively directing that
%epubhc moneys shall be keptin any particular
pace or places. From the origin ofthe Govern
menI to the year 1916, the statute book was
Wholly silent on the Suhiect In 1889 a TreaSur-