Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-03-14

Sre-out IN ms ne was opposed by secretary. That
secretary was removed from Office. And in this
removal II is said that the president has committed am
open and daring usurpouon. 1t is declared that he has
no control whatsoever the secretary of the trea
Sy; ana If he interieres at all in the duties of that
department. 1t is palpable violation of the constitutions
In the solution of this question: the whole difficulty of
the present controversy is involved Upon it we Join
decision.
II is important, fellow citizens that you bear i'm mind
the tco distinct propositions involved i'm this question
Tue one mas reference to the action of the president the
other to the action of the secretary of the treasury In
the rs case, is declared that the president has no
right to exercise control the treasury depart
ment and IN so doing, he has violated the constitution
In the other case 1t is said that the secretary of the
treasury has no right to the public dcposites
unless in certain contingencies. Some entertain the
OPINION, that by the terms of the contract tho United
States are bound to depose the public money i'm the
Bank of the United States and that this was mart of
the consideration for the bonus of ST. 500 600; there
tore the secretary has not the right of removal unless
inc oank should become unsafe, or fail pay checks,
or transfer the funds when required If the United
States are bound by the contract make and continue
the Bank of the United States the depository of the
revenue then no reasons drawn from convenience or
interest, can authorize infracton of that contract
II the United States have bound themselves thew must
fulfil the stpulaons into which they have entered
ana II we could believe that the deposites formed any
part OF the consideration of the bonus should un-
hesitatngly vote for their restoration But the most
s sophist give that Interpretation to the char
ter What is the language of the sixteenth section
in places in which the said bank and branches thereof
may be established, shall be made i'm said bank or
branches thereof unless the secretary the treasury shall
al amy time otherwise order and direct i'm which case
the secretary of the treasury shall Immediately lay
before congress, if in session. and if not Immediately
after the commencement of the next session. the rea-
sons OF such order direction" By the plain terms
OF inc contract, as contained in the section above
quoted, the stockholders have agreed that the power
reserved to the secretary the deposes shall no
DC restricted to any particular contingencies but be
so n inter
involved in the removal.
the secretary of the treasury, therefore, directs the
public money to be deposited elsewhere than i'm the
Bank of the United States no event be regard
ed as violation of the with the stockholders
nor can 1t impair any right reserved them by the
chaer the reasons required to be laid before congress
are not for the protection of the bank but guard the
interest of the United States in the public money!
That the deposes formed part of the consideration
Tor the bonus of 81 100000, is evident from letter of
Mr. Dallas, then secretary of the treasury addressed TO
a committee of congress- In that letter he SAYS: aft
is proposed that bonus be paid the government by
the subscribers to the national bank in consideration of
the emomen TO be deriued from exclusive charter d.
ring period Of t,oeny years" Again. "ndependent of
the bonus here proposed to be exacted there are UNI
doubleday many public advantages be drawn from
the establishment of the national bank but these are
generally of an incidental kind and las in the depoe
and distribution Of the rece,ue may be regarded in the
light of equivalents, not for the monopoly of the char
ter, but for the reciprocal advantages of fiscal
nection with the treasury"
Here isevden that the public advantages and the fs-
cal connection oh the treasury considered as recipro
CAL The deposes and distribution Of the re-
garded equivalents. The deposites were no part of
the consideration for the bonus and the with
the bank in relation to them nothing nor less
than this-that The deposites shaH remain in the Bank Of
the United States, till The secretary Of the treasury shall
otherwise order and direct and ,ohen he does So he shall
give his reasons congress- Whether the secretary has
given sufficient reason for doing what he had the I'M
doubted authority todo leave fellow citizens to your
determinations you haveall the acsand reasonings ON
the subject before you Whether the present distress
arises from that circumstance, shall not under
take at this time to examine though own opinion
is decidedly against such supposton. We cannot
possibly believe that the transfer of the public
money from place of depose another has occa-
stoned the present distress. The friends of the bank
have occasioned it by exciting ALARM and by endeavor-
ing to persuade the people that the president has
pied the laws and the constitution his efforts to de-
stroy what he is pleased call unconstitutional and
dangerous institution. Our object hen the present
address, las stated in the beginning,) simply
TO excupate your president and the secretary from the
charge of having violated the constitution and the laws
in the course they thought it their duty pursue.
Let us thenretun to the first branch of this question:
and examine the constitutional grounds ON which the
president has acted.
We express it our deliberate opinion which we
are ready to sustain by and argument that the
law of September I'd, $780, creating the treasury de-
partment, and the supplementary act of May 10th,
1900 made 1T the duty of the secretary of the treasury
TO prepare and lay before congress at the commence
ment of every session. report the subject of the
finances, merely for the purpose of giving information
W d pouy because congress- alone has the power OF
adopting modes of raising and discussing the money
requisite to meet the public expenditures; but in exc
cutting the laws enacted by congress effect their will
in reference to the public funds, and in all the minste-
rial duties of his Office the secretary of the treasury is
placed on the same footing with other chief officers of
the executive departments and subject to the nspec
ton, superintendent and control of the president Ac-
cordng the constitution, the laws and the usages of
government, he is bound to consult with the president
aimportant subjects connected with hsdepartment
and if required to give in writing answer to ali
inquiries concerning the treasury and the finances of the
country.
Should the president in these investigations discover
of the secretary disposition to leopard the
public moneys by suffering them remain in places or
in hands where their safety endangerod or should
he manifest obstinate determination to oppose the