Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-03-18
case M the law designed declare that responsibility
establishing the Treasury.

10 'ne law designed 10 declare that responsibility
"u "ch ciause was inserted now stands i'm the law
establishing the Treasury " Wv ~
Mr. Madison proceeds to show that there is much dan.
ger ha an ohcer appointed by the concurrence of the
Senate, ii he removable, oo only by their concur
renee might rely more the favor that body than con
the discharge OF his duties TO the Satisfaction nj The
uve branch, which is consttuonaly authorized TO IN.
sPEcT and CONTROL his conduct. And Gays he) il il
SHOULD happen that the officers connect themselves with
e senate they may naturally support each other, and
oil efficacy, reduce the power the President
mere vaPor, in which his responsibility would be
annihated The high Executive officers Joined i'm cabal
wiz" ne senate would lay The foundanon OF dscord, and
ehd ~ an assumption Of Executive power only TO be re-
moved oy revolution in The Government"
ms Is the warning voice Of wisdom. God grant il NAV
| not be prophetic
There is another most striking passage in this debate
commend the whole Of it 10 the dispason ate consider
anon oil gcntemeD, delnealng with n masters hand
.he line OF demacson between the Executive Legisia-
I'VE, and Judicial Departments will only troub the
House with a small part of H.
The Constitution (says Mr.. Madison) arms that the
,ho power shall be vested in the President Are
,ee exceptions! Yes, there The Constitution saws,
mat The Senate shall be associated with the Pr. in
% 10 ounce unless In case OF inferior officers, SC.
IAN we extend his exception? / believe not.
III the Constitution has invested all Executive power
10 me PRESIDENT venture to that Legislature
iy. ~
The question resolves lselfinto this-is the pow
or OF uplacing an Executive power! conceive that if
any power whatever in its nature Executive it is the
power oil dPPonfng, overseeing, and those
who execute the laws
And inasmuch as the power removal is of an Execu-
1--WE nature and not affected by any constitutional excep-
"on' luis beyond the reach of the Legislative body.
oou' 'e close Of the debate, alter referring TO the
cause oil the Constitution which makes the drty of the
President TO take that the laws be iaiihfv
ted' Mr. Madison further said, "Now, if officer when
ONCE appointed is not depend the President for his
Official existence, confess do see ho,o he Pyesi-
dent can take care that the Laos 6eJathfy ereeuted
west TINS power Jointly with the Senate and YOU abo.
6'hfy in the Executive Department. which was intended
Tor 'he security Of liberty and the public good"
you may set the Senate the head of the Executive
department or require officers TO hold their places during
Tue pleasure the House OF Representatives. and by this
means you link together two branches of the
,0hich me preservation Of liberty be constantly
separated"
have troubled the House by re aiding these NOT
merely authority but for the cogent they CON-
tam IN support oil the general power OF removal the
principles which may be Icsed They come from
him who is the patriarch Of the constitution; who has been
appropriately called the author nisher OF the faith of
State Rights. And OF whom hope may be permitted 10
say, that il there has lived more enlightened sates
man, purer and more single minded patriot and wiser
or more iar-sighed politician the Muse OF History has
for once been uniahlul 10 her dny, aud omitted TO re-
cord his name IL is in the faith taught by adison-
rum ct venerable nOmen-that have been bred and
am not now gong to be seduced from that faith by the
Plauds which The doctors OF the political church are
constantly pouring forth upon the which they see
think they see, Virginia is going to pursue and which
they know is TO place her in their wake When we can
be made 10 disregard the genuine chronicles of political
doctrine which Madison aud Jefferson have given us,
NOT "hefe 10 look Tor the caRonica book of political
seffp ",n., comm,
Ard
Tor the constitution by those, who until now have ha.
buay sneered at and ridcued her notions of
al construction as metaphysical refnemebts When that
ancient and venerable commonwealth, Virginia. ,the
blessed mother OF ALL finds herself suddenlV i'm favor
Win our new allies in the cause of State Rights the Force
b'' Democratic Jefferson, United States Bank Repub-
cans-who daily present memorials here from all quar-
ers she may well exclam "what has thy servant done
that mine enemy should praise me,'
maintain, them that the President has this general SUI
pervory control over The executive officers be enforce
ed II necessary by removal. While maintain the power
fbaf nH,ca
glect PERFORM or msconslrue the law as in the udg
ment OF the President to dappont the intention of the
law is his constitutional right and official duty TO dis
place him. deny that he has right so without
cause am utterly opposed to what has been called the
PoscrPve SYSTEM the removal Of officers for opinions
sake lhe principle OF Furnishing enemies and reward
ing friends, through the fundamentally OF the removing
power regard as gross and fragrant abuse, and when
ever shall be called act in any of the sort no
one will go further than will in condemnDg it, hate
and detes the principle, and will justify no man who
aud practices H. II poisons the fountains of nublc
purity and degrades political contests into miserable
scramble for power and plumber in which he boDors and
offices oil the country are converted into mere "spos of
the vanquished TO be divided among the victors''
con,ended that, however all this NAV be a, 10
the other Departments, is to the Treasury
NOT Executive where iii asked with some triumph
81 ne law making the Treasury Executive Depart
in ESQ INC reaITn,Dg which have quoted from the
applicable 10 tile Treasury any of the other Hens,
men,s; and was applied any will see by exa
mining it, Ii is true there is law or rather no ep.a
tive act, which declares the Treasury to be an
Department Nor is ii the calling So or the moi caliinv
II so, which makes ii more less Executive Denar
men But there is law the fundamental law which in
several clauses recognises tho great az Exe
cutive Departments. Their character of Executive ia
derived from the nature OF The functions thew perforn
The Constitution authorizes the President to "demand
from the principal officer OF each Of the Executive De-
Parments his opinion IN writing, upon any subject reat-
ing to the duties OF their respective Offices"
Was supposed until now that the Secretary nj
the Treasury was not comprehended in this provision
We know that the uniform practice and andino
has been otherwise But II it be an Executive De.
parimen what sort OF a Department is II? There are
and be- but three kinds political power; execu,vs
legislative, and judicial The execution OF the laws re-
lang TO the finances, (as well the execution of all
other aws is an executive function; and the Depart
ment 10 which assigned their execution, must ne
ly be an Executive Department, no matter what name
you give 1t.
There is however, a law which entirely di.pels the
idea that the Congress Of 80 intended that The Treasure
should not be an Executive Department The law es.
abshing the Treasury Department passed the I'd Sen.
ember 7S0 and on tho llh Of The month anotber
passed. and stands IN the statute book next in order IN
the law establishing the Treasury Department. The lille
Of this acis Gan act Tor the establishment of the salaries
Of the e1ecttUe officers Of the Government" The FIRST
officer named in The law, the Secretary offhe Treasury
and aerw ards the Treasurer, Register Comptroller, Al.
dor, &c besides other officers OF the War and State De-
pafineDis.
Now, Department. all The officers OF which are Er.
ecuUe officers and is not itself Executive Department.
is a non-descrip which leave TO more acute political
mctaphysicans than am 10 classify. IL is true the law
does NOT in terms call Executive Department. which
imagine was merely accidentally nor does the law define
tie duties of several officers OF the War, State and
NAVY Department, il does those Of the Treasury
The reason of that to be found no, In the e, ,bat
IN hp lcsaras