Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-04-29

fore Is no part oi the Judiciary. The only ,ernsinin.
department. Is the Executive, 70 which II must belong.
1 appears evidenlio u-, that the iraiuets OF the COns,i-
iu;iou Intended that the Executive power shomld be vest.
ed III one head, who would be bound, not only to discharge.
faithfully all his o,on personal duties, but likewi Use should
na e'oihed WIN the necessary powers 10 compel the inie.
nor officers la the EIeeutice Department, TO perform THEN,
likewise. The Preslden, Is bound To see that the laws are
faithfully executed. This gives him no power the
Judiciary. Tho courts have their approximate ,u,i-s con.
tjed TO them by the laws and The Constitution. and dis.
endrge them Independently Oi the Executive. But all
Executive officers falling within the Executive Depart.
mem, he has, aud mus; have, a power to control. The
'ieaus OF Drpartinenis are appointed by him they can
my oe wsp'aSeu oy MN, or by Impeachment aud COMIC
'on' ~ Secretary vi the Treasury should put All i'm.
proper construction upon u revenue law. aud would nei-
'nes give up MS con INSTRUCTION., nor retire. he might defca,
.c coiiec ion OF the ~ hole revenue before Congress Mould
oe session, unless the President had the power of ren,ov.
my hin. la this very case, suppose tie President, had
ue"eVeo 'he whole OF The money in the Bank would be
wasted before the session ot Congress, ani had called upon
nc Secretary remove Them, and he had refused, say
ing. he conscieniiously believed there wa, n o ,,ap,er a1d
me PRESIDENT had yielded, from a beliei lha, he had no
power io remove hin in such a case, and Ia. nancy had
been all wasted. Would any gentleman ia stiiv the Pre-.
s"eh' think no! When they con.ci.utiou,iy Jiss,r,e
one must yield, or retire, aud TIA, SHOULD he IN. subor'
una oherwise. we have no Executive Government. of
any practical utility There is one ,hnp i'm which 1 tbink
MT Duane was right, aud tha, is in no, giving the order for
oe removal, unless he had been convinced his ouihion
oe"ns''he removal was wrong: but, his error, as | think,
consisted IN not Withdrawing from the Department. While
"e "r'e'eo a proper case was not made for the removal,
a'l ia a public injury would be done by the removal. no
Consideration ought TO have induced him to sign an order
Tor such a purpose. But il the President believed ,h.y
ousat 10 be removed, aud that a great public injury would
result from permitting hem To remain, and his Secretary
womb neither give the order nor retire, | iaiuk he had The
power 10 remove him.
bu', MIR. President, although | think the Chief Msyis-
traie does possess this power. vet 1 believe Il, il onc ~ h.
exercised with great caution, and only in cases yIere Ina
a. clearly convinced the public Interests demand is eyer
eise' his point has been SO fully examined, and ABLY
ha,htained, by gentlemen who have preceded me. that
VIII no longer dwell upon il.
Had the President a right 10 call Upon the Government
directors, ami 10 receive reports from them, of the manner
IN which The business of the Bank had been conducted -
Some honorable members have denied that he had. On
ioroei OCCASION, l stated my doubts as 10 their construc.
uh OF the charter, Since then, | have examined it with
more attention., and am satisfied heir limited construction
Is inaccurate. l will, as briefly as can, state the reasons
when have led to the opinion 1 entertain.
In our examination of the act incorrorating this RanL
we ought never to forget, that the YER, ohiects of i,s c,e,''
~ were h'gh national ones-to restore aud preseyre j
souui circulating medium 10 the community. and IN ac,
a : agent !" receiving aud paying out the public
moneys. 10 accomplish these important objects. ,b.,e
VI &c oe twenty-five Directors to manage tue institutions;
NJ Of these were TO be appointed by the President by
ana WIN The advice and consent Of the Senate. These
directors are TO hold their appointments Tor one wear.
anu untIi others are appointed; aud an express mower
~ gwen II me Presldsnt 10 renJre the FIVE Government
Dmee'ofs' WITHIN te year, il he believes The public in.
'c'es requires u. BY The LIST section, the United States
are TO subscribe for seventy thousand shares. equal TO se-
ven millions OF dollars, which is one. fifth of the whole
capital. ny The 9TH section OF the act, the Stockholders
are vested win a power TO make such by. laws, rules, ami
for the government of the CORPORATION. and
Tor the management, OF its affairs, as 10 them NAV e M pro.
per, hoI Inconsistent with tie Constitution or Laws. I'm
Me making vi these by.iaws, ordinances. rules and re,,.
idhouS, Tie United States were to have no poice. ,o roie
Dy ~ 0 "a rule Ia !he llt' SECTION, it is provided ,ha, a
huhDer OF stockholders, uot less han sixfv. nho ,on..
'her snail be prop'ietors OF one thousand shares, or IN.
"aius' snail have power at any limo, 10 call q general
meeting OF the stockholders, Tor purposes relative TO
Ia insutuhon, giving at least, ten weeks notice. i'm
TWO pubic newspapers of the pace where the Bank
Is seated aaa specifying in each notice, the object or OBJ
Iecis 81 such meeting" By this provision. sixty stool.
nOldCT5 ON LlDU one thOus and shares can cau n cn,oAI |
whenever they have reason to fear their business
inisihdhaged. They can call their directors TO account,
dfld canine INTO their tchOie PROCEEDINGS. and mako
ai'.ra'ions or regulations they think their interests
require. AT Ibis general meeting the Umted States
are u"Ttpresenfed; they have no uoice they have no
e0fej ttey hdvs H0 person TO attend, either TO receive,
10 give any information, although they own serenfv
shares, worth seUeR millions. l. il possible for
10 suppose The Executive branch Of the government,
|" DIS intended To he excluded from all knotUledge of the
manner ~ which the institution WAS couducted; that the |
Y nhed States, owning one TN 1T the whole stock, should
no voice III making laos Tor le government OF the
i'ifectors' and no means OF knowing whether they c0m-
med their conduct 10 the laws or II t. more especially, !
HAT they should have TO means OF knowing whether tie
'olicy prescribed aud pursued, was likely to carry into ell
ect the high governmental purpose OF preserving a sound
currency: l cannot think IT possible. Such a coustruc-
ION, must Ice permitted TO say, with great Difference,
would, in my Judgment, he a SsUeTe reflection, upon the
men wbo passed Ibis act.
But il we ad1it, which | think we ought not, that they
inte'risd the tive Government Directors should have an
rquol agency with any other equal number of directors.
IN the management OF the Affairs OF the Bank, and that
should be 6OuHd at any time, when called upon bv
HE Executive, representing The United States, their con-
shtuentS, 10. report 10 lim exactly The same info nation,
which the private stockholders at = general meeting nigh,
de'nd"d OF MtH Directors, !hen every ,hing is consistent
aud reasonable.
My construction is, | think, very much s.renc thened.
by the provisions iii the 23l section, which enacts, "lhat il
- shall at all times be lawful for a committee of either
house OF Congress, appointed for that purpose, TO inspect
Tie BOOKS, and examine into The proceedings of the cor
poraiion hereby enacted, and 10 report whether the pro.
visions OF this charter have been 10y The same yio-
lated or not aud whenever any committee, as afore-
said. shall bnd aud report, or The President EFF the Uni
fed States shall haze reason to believe, that the charter
:" has been violated, it may be lawful Tor Congress 10 d.
rect, or the President TO order, o SciTe JGcias TO be sued
g out" sc. II must, | think, strike every one reading
this section, with great force, that complete power is gwen
To Congress to acquire the mos; precise Information, to
enn'le II 10 Judge. whether the charter has been so far
violated, as TO make the issuing a sore Jacids necessary.
In HE same section, a power ~ given TO the President,
10 direct Il ScTe JGci0S, ii re has reason 10 believe The
charter rs violated. From what source is he TO acquire
a kuO@ ledge oil facts, upon which TO found his opinion /?
MOI the report OF the committee. Congress is to act up
OH IL, u any person. Ii would be absurd TO suppose that
1t was Intended Congress should procure the inforna.
uob, and not order any SciTe Jnci0S, and that the Prcsi-
dent should upon the same report, direct one 10 be issued.
Congress was 10 act upon The report Of its own commit
tee; The President TO give his direction upon information
derived from some Other source, and that source ia he re-
pert OF The DHeeforS whom he had appointed, aud had a
power 10 remove, Tor iaiihIess or unwise conduct. This
construction Is farther confirmed, when we see i'm the
same section, that ia HE scire }acias tn. facts which Il is
supposed have constituted a violation OF the charter, must
be act downs so precisely, that al issue can be taken upon
them, and tried by d jury. What has been alleged in fa.
vor Of te oppus &c construction? Moth ny, eXcept tI,at il
Is SAID, The live Government Directors shall, " itp the otter
twenty, manage and direct tue Bank. To single oui a
single expression or paragraph, and fix the meaning from
that alone, u not the sound rule Of interpretation; we must
take Tie whole act, compare one part with another, and
has fhn tnpa FIaT frnH. fIn a-aI.-. n - -.