Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-04-22

Of the public money TO be made elsewhere than in the
Bank oil United States, cheneper sufficient reasons CT
sfedJoT making the change It, In such case he ne ".
ecied or refused he would neglect or refuse
cute the law. What would then be The sworn ,v of tho
Fesen! Could he say the Constitution did not bind hin,
10 see the law faithfully executed, because it vas one OF
his Secretaries, aud not himself uron whom the service
was specially imposed? Might he be asked whether
there such limitation to his obe atoms
IN the Constitution Whether he is no, touav hound to
take care that the laws be faithfully executed whether
they impose duties ON the highes, officer OF State or the
lowest subordinate IN any Of the Departmental Might he
not be told that Il for the sole purpose of vii
executive officers, from the Highest the lowest taitblv
pe,io the services required Of them by the
People OF the United States have made him their Chief
Magistrate, and the Constitution has clothed him will, The
entire Executive power OF this Government The prin.
epes implied In these questions appear plain need
But here, also. we have co,emporaneous construction
OF the act which shows that it understood as in
any way changing the relations between the President and
Secretary OF the Treasury or as placing the la ter o of
Executive control, even in relation to the OF the
puol,c money Nor on this poin left any equ.
vocal testimony The documen OF the Treasury
ment show that the Secretary the Treasury did .ppIv
to the President, aud obtain his APPRECIATION and sanc,on
TO the original transfer the public deposi,es IN lilo n-o
sent Bank Of the United Sates aud did carry the
into effect in obedience to his decision They also chow
that transfers OF the public depo.es from the Branches
the Bank oil the United States to State Banks at Chilli
cohe Cincinnati and Louisville, In 1872 were made i,h
the appreciation OF the President, aud by his authority
fhey show, that upon all important questions apperany
10 ms Department. whether they related To the pub,c de-
poses or oher matters IL the constant practice of the
SECRETARY OF the Treasury obtain for his acts the approv
al and sanction OF the President. These acts an tho
principles on which they were found known TO all
the departments OF the Government to Congress and the
sounry and until very recently appear never to have
been called in que stion.
Thus was settled by the Constitution the LAWS and
The whole practice ofhe Government that the .n,ir. Ex
ec"uVe power Is vested in the President Of the United
oaes mat as incident TO that power, the RICH, OF appoint
log aud removing those officers to all him, In .
execution oil the laws with such restrictions only as the
constitution prescribes is vested u the Presien.; that
he Secretary OF the Treasury one OF those officers
That the custody OF the public property and money i. an
executive Junction. which, in relation 10 the money, has
Always oeen exercised through the Secretary Of the lea
sny and his subordnates; that i'm the performance of
nese dues he IL subject the supervision aud control
OF the Presden and in all important having
eon 10 the consnlts the Chief Magistrate and obtains
nsapprova aud sancton that the law establishing the Bank
ga not as could not. change the relation between the
fresdent and the Srcreary-.L release the former
from his obligation to the law faithfully executed nor
the latter from Presidents supervision and conroI
mat afterwards and before the Secretary in fact con-
SUM- anu oo'aiu the sanction OF the President to trans.
ers and removals of the public depoes and that all de-
p'rmen's OF the Government, and the nation itself APP
proved or acqnesced in these and PRINCIPLES a. in
strict conformity with Constitution and Laws
During the last year, the approaching ternination
coIdng 70 The provisions OF its charter aud solemn de-
..soh OF the American People, OF the Bank of The United
states made II rxpeden ami its exposed abuses and cor
rnpuons made it, in my opinion the duty OF the Secreta
Of The treasurer. 10 place the moneys Of the United
oaes IN other repositories. The Secrea did 10; concur
III mat opinion, aud declined giving the necessary order
anu dec ton So garing the abuses and conceptions
W "'o Sshh 20 evident lis hxed
hen and so papabe is design, by its money and power
10 control the Government and change its
deemed II the imperative duty Of the Executive auor
W oy me exeron OF every power copfded 1t by the
Constitution and laws, TO check . career aud liz
ability TO 10 mischief, in the painful alternative OF
'Smsshs the Head OF one OF the Departments. Al the
uIhe the removal was made, other sufficient 10 s
wy existed; but II they had no., the Secretary would
have been dismissed for this cause ONLY
misplace supp led by whose opinions were well
KNOWN TO me, aud Whose frank expression OF them, in
ahoher SITUATION aud whose generous sacrifices of inter
sS' anu eeing, when unexpectedly called the station
ne now occupies ought forever have shielded his mo-
yves from suspicion, aud his character from reproach In
accordance will, the opinions long before expressed bv
nn' ne proceeded, with my sanction make arrage-
en's 'or depo.Dg the moneys of the United States in
other safe institutions
Ihe resolution of the Senate, originally framed, and
aspassed refers TO these acts right in that
ooy 10 interfere with this exercise OF Executive power
me principle be admitted difficult 10 per-
ceve where i'msy end IL. by denuucia,ion like
n resolution tho President should ever be induced TO
ac IN matter OF official duy contrary to the honest con,
v'cons oil his own mind in compliance with the wishes of
ne senate the constitutional OF the Execu.
1--WE Department would be efectualIy DESTROYED and
lis power eecuay transferred to the Senate as tina,
ena du been accomplished by amendment of Con-
snn ION. But II the Senate have right to inte rGer
WIN 'he Executive powers, they have also the right
10 make that interference effective; and il the
on OIL me power implied in the resolution be silently
guessed IN, we may reasonably appchend that il will
DC ,oowed at some future day. by attempt al ac.
,uai enforcement. The Senate may refuse, excep,
on the condition that he will sure nder his opinions
10 theirs AID obey their will to perform their own con-
suionaI functions; TO pass the necessary laws 10
uoh appropriations proposed by the House OF
yves, anu 10 confirm proper nominations made bv the
rs'ueht IL mas already been maintained land ii is not
conceivable that the resolution of the Senate AN he
on any other pncple that the Secretary of the
me ohcsr of Congress. and independent OF the
den mat the President has right cou,ro him and
consequently none TO remove him. it'll the same % o.
pey ana on similar grounds may the Secretary OF Slate
TIE Secretaries OF War and the Navy and The
General, each in succession. be declared indie OF
the President the subordinates Congress- and r.
Die only with the concurrence of the Senate Followed
10 Us consequences this principle will be found
W 70 destroy one coordinate Department the Govern
eh 10 concentrate in the hands of the Senate the hole
Executive power, and to leave the President as
as no would be useIess-,hc shadow of autho,v ansy
The subst nee had departed. -
ne uhe ana The occasion which have called loril, The
resolution oil The Senate impose upon me an adj
dIonsi ob'Igaiion not TO pass il silence Nearly
ior'y-nVe years had the President exercised, without
question as to his rghul authority, powers for tho
recent assumption OF which he now denounced The vi
cissudes oil peace and had our
violent pariies wachu TO take advantage of sny
usupaon on the part of the Executive had our
cohcs frequent removals, or forced in eve.
ny sense aniamount 10 removals. had of the Sc
creiary and other officers OF the Treasury and vet in no
one Instance Is 1t known that any man. patriot or
paruzan, had raised his voice against il violation oi
the Constitution The expedency and Justice of sucb
changes In reference to public of s grades have
frequently been the topics of discusop but the consi
uona right OF the President 10 appoint control and
the Head OF the Treasury well all other
seems 10 have been universally conceded And what Ia
Tue occasion upon which other principles have been first
officially asserted The Bank of the United States
great moneyed monopoly, had Attempted to obi re-.
newal OF its charter, by controlling the elections of ,.
People and the action OF the Government The use Of ne
corporate funds and power in that attempt was fully dis
cioseu ana was made known 10 the President that The