Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-04-17

$ now a question between the bank and
congress.
1t is finally said that the power of the
is absolute and unconditional,
because congress have given to him
their whole power, reserving none what
ever themselves to touch the deposites
until he shall have restored their power
to them. This argument begs the ques-
ton in dispute. The secretary suppo
SEES himself to be an independent Judge
in this matter, whereas the minority
suppose that be is merely the agent of
congress. His power in the premises is
part of their power entrusted to him
as their representative. Though he
may use il for sufficient reasons, con
gress may use it also for the same rea-
SOUS. The restraint upon the exercise
If his power is imposed by the right OF
The bank, and this is all the restraint
that is imposed upon the right of con
gress. If the bank has no right, as the
committee appear to assert, upon what
ground can the right Of congress be de
MED? If the power reserved to the sec
lion, is neither more nor less than the
old power, how is possible to deny he
right of congress to control the depos>
iltes, under the charter, if congress had
ANY right to control them before the
charter? 1t is worthy of deep refec
ton, that the argument put forward by
the committee, to sustain the secreta
rvs reasoning, has carried them to the
extent of asserting that congress ahan-
doned the public treasureto the secreta-
~ and the bank beyond the possibility Of
recall.
Upon this head the minority state
their opinion to the house. that tie pow
err of the secretary over the depoites in
the bank depends for it, just exercise up
on the existence of. adequate ,auses
that the bank had direct and inmedi.
late interest in them, and is entitled to an
impartial decision upon them; that al
nnjust decision upon them will be vio
lation OF the carter, and a stain upon
the public faih; and that the secreta,
: rvs position, tlat his power is absolute
f and unconditional in regard to the bank
) is an unwarrsntaole assumption Of pow
} er, instead Ct a just Interpretation OF
that which las ,5een given.
! ii. In tie execution of this power
the secretry was the agent OF congress
and not o tie president. He derived
the powT fom congress; he is to report
his reas.ns br reporting it to congress.
| The ae ofthe secretary in removing
the dr,osRes is neither actually, nor by
iconstucion, the act of the president,
NOR ae the reasons of the president a
sati,aCtlon. either in effect or form Of
therequisiiion on the secretary to re-
pot his reasons. The exercise of this
pever affect, the public treasure, which
cngress directed TO he placed in the
lank of the United States. That treas
hire is the trea sure of the people, the
custody and control of which belong-
to the legislature and to the esen,e Of
the legislature. The custody of the
Legislature is exclusive Of the executive
department. The custody of the back.
as the agent of the Legislature, is equal
ly exclusive. The power of the sec
Rotary is, in like manner, exclusive
The chief magistrate has no consiitu.
tional authority to raise revenue, or Ia
take into his official possession when
raised, or to direct who shall possess ii
or to interfere with direction or au.
thority in this behalf, proceeding from
congress. any more than he possesses
authority to direct by whom the public
money shall be used and consumed
The secretary cannot be relieved from
The duty of accounting to congress by
any order of the president; nor can the
reasons of the President be imposed up
on him as guide, nor be offered to COLI
gress as an excuse. The discretion
which is given by the charter, is given
to the secretary alone. The order OF
removal must come directly from the
secretary; and if it came from the
president alone, it would be null and
void.
The power of the president to re-
move the secretary of the treasury is no
reason for holding that the secretary is
under the direction of the president in
the exercise Of the discretion conferred
by the charter. The president may re-
move the secretary whether he performs
or does not perform his duty. The le,
gal power to do it is as perfectin the one
case as the other. The mere existence