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

moneys OF the UnLeQ OtaIeS III olucI Sdie iliStl-
tutions
The resolution of the Senate, as originally
framed, and as passed. if it refers to these acts,
presupposes a right in that body to interfere
4 with this exercise of Executive power If the
principle be once admitted, 1t is not dlfncult to
perceive where it may end. Ii, by mere de-
nuncation, like this resolution, the President
should ever be induced to act, in matter OF OF
fetal duty, contrary to the honest convictions
of his own mind, in compliance with the wishes
of the Senate, the constitutional independence
of the Executive Department would be as e1fec-
tually destroyed and its power as eftectuaDy
transferred to the Senate, as if that end had
been accomplished by an amendment of the
constitution. But if the Senate have right to
interfere with the Executive powers, they have
also the right to make that interference effect
i've; and if the assertion ofthe power implied in
the resolution be silently acquiescedin, we may
reasonably apprehend that it will be followed,
at some future day, by an attempt at actual en-
| forcement The Senate may refuse, except on
the condition that he will surrender his opinions
to theirs, and obey their will, to perform their
own constitutional functions; to pass the neces-
sary laws; to sanction appropriations proposed
| by the House Of Representatives, and to confirm
proper nominations made by the President. 1t
has already been maintained (and it is not con-
ceivable that the resolution of the Senate can
be based on any other principle) that the Secre-
tary Of the Treasury is the officer of Congress,
and independent of the President; that the Pre-
sident has no right to control him. and conse-
quently none to remove him. With the same
propriety, and on similar grounds may the Sc
cretary of State, the Secretaries Of w ar and the
Navy, and the Postmaster General, each in sue
cession, be declared independent Of the Presi-
dent, the subordnates of Congress, and remov-
able only with the concurrence of the Senate.
! Followed to its consequences, this principle will
! oo off ctI,a ll1y 70,
department Of the Government to concentrate
in the hands Of the Senate the whole Executive
power, and to leave the President as poWeress
as he would be useless-the shadow of authority,
after the substance had departed.
The time and the occasion which have called
| forth the resolution Of the Senate. seem to inn
pose upon me an additional obligation not to
pass it over in silence. Nearly forty-five years
had the President exercised, without question
as to his righfu authority, those powers, for the
recent assumption Of which he is now denOunc-
ed. The vicissitudes Of peace and war had at
tended our Government: violent parties, watch
! full to take advantage of any seeming uSufpa-
ton on the part ofthe Executive, had distracted
our counsels; frequent removals or forced re-
signations, in every sense tantamount to reno
walls, had been made, of the Secretary and other
officers Of the Treasury; and yet, in no one in
stance is it known, that any man, whether patri-
OF or partizan, had raised his voice against it
as violation Of the Constitution. The eXpedi-
! ence and justice of such changes, in reference
| to public officers OF all grades, have frequently
been the topics Of discussion; but the Constitu-
tonal right ofthe President to.appont, control,
| and remove the Head Of the Treasury, as well
| as all other Departments seems to have been
universally conceded. And what is the occa-
sion upon which other principles have been first
officially asserted The Bank Of the U. States,
great monied monopoly, has attempted to OBJ
L. ~ -, litnrr
elections of the People and the action ofthe Go
vernment. The use of its corporate funds and
power in that attempt was fully disclosed; and
! it was made known to the President that the
corporation was putting in train the same course
| of measures, with the view Of making another
| vigorous effort through an interference in the
elections Of the People, to control public opinion
| and force the Government to yield to its de-
mands This, with its corruption of the press,
its violation ofits charter, its exclusion of the
| Government Directors from its proceedings, its
neglect of duty, and arrogant pretensions, made
it, in the opinion of the President, incompatible
with the public interest and the safety of our in
lstitutions, that it should be longer employed as
the fiscal agent of the Treasury. A Secretary
ofthe Treasury appointed in the recess of the
Senate who had not been confirmed by that
BODY and whom the President might or might
not at his pleasure nominate to them, refused to
do what his superior in the Executive Depart
ment considered the most imperative OF his du-
ties, and became in fact however innocent his
motives, the protector ofthe Bank. And on this
occasion it is discovered for the first time, that
those who framed the Constitution misunder-
stood it; that the first Congress and all its sue
cessors have been under a delusion; that the
practice ofnear forty five years is but a continu-
ed usurpation; that the Secretary of the Trea-
sury is not responsible to the President and that
to remove him is a violation of the Constitution
and laws, for which the President deserves to
stand forever dshonored on the journals of the
Senate
There are also some other circumstances con-
nected with the discussion and passage of the
resolution, to which feel it to be- not only my
right, but my duty, to REFER 1t appears by the
journal of the Senate, that among the twenty
six Senators who voted for the resolution on its
| final passage, and who had supported it in de-
bate, in its original form, were one of the Sena-
tors from the State of Maine, the two Senators
from New Jersey, and one of the Senators from
Ohio 1t also appears by the same journal, and
by the files OF the Senate, that the Legislatures
| of these States had severally expressed their
opinions in respect to the Executive proceedings
drawn in question before the Senate.
! There follow the Resolutions passed by the
- Ma;n Mo- Tarco