Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-01-18

toSact in relation to the dep0stes but with
view to their increased security mat he mas
no right to order them to be Withheld from the
hank SO long as the funds are in safety, and the
hank has faithfully performed the duties impos-
ed in relation to them; and not even then, I'M
less the deposites can be placed in safer and
more faithful hands That such was the opinion
of the Executive, in the first instance, we nave
demonstrative proof, in the message OF the Ere
sident to Congress at the close OF the last seSr
sion which placed the subject of the removal OF
the depostes exclusively on the question OF
their safety; and that such was also the OPINION
of the House of Representatives then, we nave
equally CONCLUSIVE proof, from the vote Oh thd.
body. that the public funds in the bank were
safe. which was understood at that tune on all
sides, by friends and foes, as deciding Tue queo-
ton of the removal of the deposites.
The extent Of the power intended 10 De con
farred being established the question now arises,
has the Secretary transcribed their lmlts! IL
can scarcely be necessary to argue TINS poiht
1t is not even pretended that the publlc depo-
sites were in danger, or that the BANK hau lo,
faithfully performed all the duties imposed
on it in relation to them; nor that the Secreta-
nv placed the money In safer or in more faitl-
ful hands, So far otherwise there is not man
who hears me, who will not admit that the pup
lie moneys are now less safe than they were IN
the Bank Of the United States. And VIII ven
ture to assert, that not a capitalist can De 1ouho
centage to insure them in their present, than IN
the place of deposite designated by law II these
views are correct, and hold them to be UNI
questionable the question is decided Inc Be-
cretary has no right to withhold the depoSltes
from the Bank. There has been, and can be,
but one argument advanced in favor. OF MS
right; which has even the appearance OF being
tenable; that the power to withhold is given in
general terms, and without qualification, IN
less the Secretary otherwise direct" Those who
resort to this argument, must assume the posi-
ton that the letter ought to prevail over the
clear and manifest intention of the act. They
must regard the power of the Secretary, not as
a trust power, limited by the subject and the OBJ
iect of the trust but as a chartered right, to be
used according to his discretion and pleasure
There is radical defect in our mode OF con-
STRUNG political powers, of which this and ma
nv other instances afford striking examples but
will give the Secretary his choice, either the
intention or the letter must prevail; he may Sc
ect either, but cannot be permitted to take one
or the other as may suit his purpose. If he
chooses the former, he has transcribed his pow
ers, as have clearly demonstrated If he Sc
lects the latter, he is equally condemned, as ne
has clearly exercised power not cOmprehended
in the letter of his authority. He has not con-
fined himself simply to Withholding the public
moneys from the Bank of the United States, but
he has ordered them to be deposited in other
to justify it. / do not intend to argue the ques-
ton, whether he had right to order the funds,
withheld from the United States Bank, to be
placed in the State Banks which he has select
ed; but | ask, how has he acquired that right?
1t rests wholly on constructOn--on the suppos-
ed intention of the legislature, which, when it
gives a power, intends to give all the means me-
cessary to render it available. But, as clear as
this principle of construction is, it is not more
clear than that which would limit the right of
the Secretary to the question OF the safe and
faithful keeping of the public funds; and can
not admit that the Secretary shall be permitted
to resort to the letter or to construction as may
best be calculated to enlarge his power, when
the right construction is denied to those who
would limit its power by the clear and obvious
intention of Congress.
| might here, said Mr. Calhoun, rest the ques-
ton of the power of the Secretary over the de-
postes, without adding another word. have
placed it on grounds from which no ingenuity,
| however great or subtlety, however refined,
can remove it; but such is the magnitude of the
case, such my desire to give the reasons of the
Secretary the fullest consideration, that | shall
follow him through the remainder of his reasons.
| That the Secretary was conscious that the first
position which he assumed, and which have
considered, was untenable, we have ample proof
| in the precipitancy with which he retreated from
| it. He had scarcely laid it down, when, with
out illustration or argument, he passed with a
rapid transition, and | must say transition as
obscure as rapid, to another position wholly in
consistent with the first; and in assuming which
he expressly repudiates the idea that the safe
and faithful keeping of the public funds had any
| necessary connection with his removal Of the de-
postes; his power to do which he places on the
broad and unlimited ground, that he had right
to make such disposition of them as the public
interest, or the convenience of the people might
require. have said that the transition Of the
Secretary was as obscure as it was rapid; but
| obscure as it is, he has said enough to enable us
to perceive the process by which he has reach
ed SO extraordinary position, and we may
safely affirm, that his arguments are not less eX-
traordinary than the conclusion at which he ar
rives. This first proposition, which however,
he has not ventured to lay down expressly, is,
that Congress has an unlimited control over the
deposites, and that it may dispose of them in
whatever manner it may please, in order to pro-
mote the general welfare and convenience of
the people He next asserts that Congress has
parted with this power, under the sixteenth sec
ton, which directs the deposites to be made in
the Bank of the United States, and then con-
cludes with affirming that it has invested the Sc
cretary of the Treasury with it, for reasons which