Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-11-07

give the custody of the public treasure 10 tne
president; which; as these oblectors ihtima!eu,
was the very thing that he aDected 10 noid ~
such dread and aversion bu' inc ou'iouI
feet of the scheme, would be to take the public
treasure out of the custody and control OF the
nresident Mr.. l.. did not admit the inherent
riobt and prerogatve which the president had
asserted. to have the custody Of the public trea-
sure He never would admit the doctrines OF
the protest. And il was wonderlui 10 see, tia'
| those doctrines were ALREADY referred To- DIS ao
| mitted. undoubted truths. The presidents DOC
trine was-that the secretary and other officers
| of the treasury, were Executive officers, and
| could not be made otherwise by Congressional
| all Executive officers were bound TO conform 10
his orders-that, as he had the constitutional
| power of selecting those omcers, SO ne mao
! power, given by the constitution which could
not be taken from him by law, to remove them
al his pleasure or dscretion-that he, and he
| alone was responsible for all their acts-that
the custody of all public properly, and OF all
public money, appertained to MN, oy consttu-
tona right, which no law could impair, II such
property or money were conhded 10 any OIL
GER who was removable by him, and for whose
acts he was responsible; that is, according TO
these astonishing pretensons, If they were con-
| fided to any officer whatever, that could posi-
bly be created. If these doctrines were allowed,
it would be true. that every attemptto regulate
the treasury by law, or to appoint the place OF
| depOSlte anu manner vi SdIehecPihS VI pun
lie treasure would be vain and idle-the presi-
dent would be &c ofcio, lord high treasurer of
the nation-Congress would have nothing to do,
but to vote the supplies and make appropria.
tons; leaving to the Executive, the absolute
disposition OF the revenue, in the interval be-
tween the collection and disbursement. accord
ing to his wisdom or his pleasure. And then
republicanism would be nothing but an empty
sound,-th modern great ones JEST
i This high prerogative right to the custody OF
the public treasure, Mr.. L. said, was unhappily
only one Of several new doctrines, preached
since the last election of the president to office,
asserted and acted on by him, and admitted ana
maintained by his friends. which, if they had
been imputed to him or them three years ago,
he for one would have given no credence to the
charge The facility with which such doctrines
had been received-the rapidly with which they
had gained ground,-w to his mind, most
wonderful and appalling For instance. il seem
ed now to be agreed among the presidents
friends, that he might, with pure and patriotic
motives commit or sanction u violation OF the
Constitution, and that not a doubtful one, but
open palpable, acknowledged on all hands; and
that the fault and the evil of the act would be
redeemed by the purity Of the motive. The Post
Master General negotiated loans of money to
the amount OF some 900, at six per cent IN
terest, in direct violation Of the plain words Of
the Constitution; this was admitted by the re-
corded votes Of every friend Of the administra-
ton in the Senate; and no man, indeed, had
had the hardwood TO deny it. So long as the
president was uniformed Of the fact, Mr.. l..
would maintain, in opposition to his protest. that
he was not and that the Post Master General
alone was, responsible for the act-but the pre-
sdent being fully and exactly informed of it,
and yet persisting TO retain the officer in his
place gave his sanction to the proceeding,
and made il his own. Did those who acknow-
lodged the act to be unconstitutional, yet ap-
..k0 a., ~. dart
stitutional by his sanction2 Or were his friends
reconcilcd to il, because it was trivial affair,
not worth his or their serious care2 III the Elk.
ecutive might violate the constitution in one ar
ticle, with patriotic motives, why might he not,
with patriotic motives too, overturn the whole
constitution, and give us, what he might think,
a better one? II the Post Master General might
borrow money for the use OF his department,
with the presidents appreciation or sanction,
why might not any other Executive officer, I'M
der the sanction of presidential authority, bor-
row money for the use of his department! And
what would hinder the Executive from dispens-
ing with the exercise for the time being, of the
power of Congress to borrow, or to raise. mo-
ney?
A republican people, Mr.. L. said, could never
remit their vigilance over their free institutions,
in single instance, or for single moment,
without endangering the stability of the whole
fabric.
/ The next thing we should PROBABLY near main
tained-the foundation for it was already laid
would be, that the judicial power of the Senate,
as a court Of impeachment, was, in effect, IL
imitation on its legislative authority-and that,
therefore, it could not inquire into any abuses
of any Executive department, because, by pos
sibility, those abuses might be the subject of i'm
peachment-as if it were possible 10 legslate
for the correction of abuses, without knowing
what the abuses were, and understanding the
manner and nature of them! and if the Sc
nate were really incompetent to such legisla-
ton!
But Mr. L. sad there was one power vested
in the Senate by the Constitution Ct nature
so simple, that, until lately, there had never
been any dispute raised about the exercise of
it, even in times Of the highest excitement-he
meant the concurrent power of the Senate in
appointments to Office 1t was the province Of
the president to select and nominate, and the
province Of the Senate to confirm or reject, &C
cording to their sense, respectively, of what the
public good required; and, as the president was
perfectly free, in making his selections, to reject