Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1834-05-01

80 places "a ~hieh tbs. s.id Hank and branehe,
thereof NAV h. .st.hIi ,le. unless the Ser-t.r,
. thu lr.a>ir, s,ouid oth~r~i.e or,lcr sad d.
tce,,' "a OH. .s-", To- sss r-iuit~d 10 give Ia,
r. s-oss To- Co,ertss THIS ~ss hat . eor,iuu 4, 40,
cf has pr-exisi,ag powers, .s the heal az an Five
rNr t-i.-ftastst. t. 'iirvt her. the ,Iet,.it,.
should be- made, s,th the super..I,lrl obligation
e giving has r''spns e. C,ngr.s for u,skia.
ii-'n sises'c'c than ia the Bssk ct the lutte.
States s,j us br sneh.> II is not to be .i,I,r-
"i That ui> provision 80 any ,lef,rrc altered the
r-is,,oa bst~esa the SECRETARY oi the Treasury
sn' the P's s,dc"t. a. the responsible head of the
Executive Dcpartm-'t. rsIr..ssl the istser iron,
his cnas,'tut'oasi cbii sst'on to - take that
the la~, he faithfully executed !" Os the costtn-
~, "a increased his responsibilities b, ssiiisg
Ano,i.-r tee The bong list of laws which IL -. hes
duty Co carry into effect
u would be- extraordinary result. iT b-csus..
h. person charged nv h~ With . public ,i,ssy, a.
oi the Secretaries u ~cre i-ss TIA. duty oi the
prcsslsu, 20 thSt lac fsthtuiiy exs~utrt. thsn
other l.ss -nIoining duties upon subordinate OIL
or private c',E~ns u tberr he any differ
eDe-, u w.r,id that the obi s.;ioa is the
wrorser !. rl.tiaa the Former. 10 ezus, the ne
eicet - in h's prcscncc. sa the remedy at hand
u cssnot Ice sionitrsl that ~ Vas the legal tiu'y
of tho SECRETARY ot ll,. Treasury order and IL,
t,- d-po,it-s OF ti.e public ,noo-y 20 b, masi,
,l-r~bsre than in i,e Iispk of,hc Cnitrd Sts,-s,
rhenrf~- sxsfuenf rrssssa1 eL.xfesI far laIlIay
the chsfHyc n, in ss,eh eas,. h- n.-rlret., or
refused 90 set, he would neg-et r,fuse to exc
saie the l,~. West ~nuld then BE- 80. aW o,n ,Iu-
~ of thu President Could he s.y that the. tom.
,titu,,n did bad him Ia s~v the Law faithful
" executed. hsrsusr II Mas of hrs Secretaries
and IA, h,msslf. upon Whom ti.c service ~ss s,,-
eially imposed Might he NOT be AL al ~ h.,i,er
there ~ss any such limitation 10 his obi, Cation.
prcscr'b''l ." the Constitution Whether lee -
"a ''u Nv bound e. Tx cmr tia, the Laws b~
faithfully cN~cu'd, ~hc,hcr the, imprs.. .l.,iss
the highest officer Il tl,c Si-,c or the loves,
I'M Of nj A..
u. nat be told, that IL Tor tl, Si p,r1,n-. II
causing sii cNrsaiiSc officers from ia, highest Ia
The lo-rt, faithfully u perform, the sr,,er s.-
gn'reti a them hy Law. thst the people af the
Iia.','' >'-t"> l's'- ",-i- him their Chief Mag,s-
irsie, snd the Co. tuition has q shrd him With
the entire Executive Io. rrs ofthi, Gov, ru,n,,,,
The prime piles implied la ,h~sc questions .,.,,, Al,
,Oo plain to need ciuridstino
Bat here, ala. Ne have n cntcmporanru-,s CON-
aruetion OF the sct, which shows that IL ~as M,
understood - !" Az, way changing the rrIa,io,,
het~een tie Presriea, aud The Secretary ,f tie
Treasury, or ~ placing the latter out Of Exreu-
tive control, even in relation To the depositcs az
the public money. Nor on this point arc Ne left
20 snv eIuivocd testimony. The documents Of
the Trrssnry department show that the SECRETARY
OF the Treasury did apply TO the President, and
obtained his appreciation aud sanction TO the
nal transfer ot the pube deposiics TO the prrsrn,
h'nk OF the C"',-d States and did carry tile nea-
'urc into eiisci ~ obcdcaee To la, 'l-~,sion. The,
ai>p snow mat transfers OF ttc public uep0~ltes
trOin tiir branches of the Rank OF tie United
States TO State banks. at Chiiieotl,e, Ciueiun-,i
aud Louisville, VA 1919. we're made - th the an
probation OF thr President, and by his autborit,
fh.s show, that upoa all important questions On.
pertaining O. h's department, whether the, rei.-
ted To the public dpostrs other matters 10
The constant practice Of te St,ret.ry &C the Tr~.
snry 20 obtain for his acts the approval and sane
tion ri the President.
Thess acts, aud the principles on which they
we're founded. we're known To all tl. dc,,artmc nj,
OF the Government, TO Congress and the es,,,,-
Wy; aud, until very recently appear never 10 have
been called in question.
Thus vas it settled by the Constitution. th.
laws, and the whole practice OF the Government.
mat the ent,re Executive power ~ vested in th.
Inss'oent OF TIE United States; that, a, ineideu,
TO that po~er, the right OF appointing and r.n,oy-
ing those officers who are Ia aid him in the exc
sution OF the laws, with such restriction. o,iy "a,
The Constitution preseribes, is vested in tb. Pre-,
sident; thst the Secretary uf the Treasury i. ON.
Of tiso.e ofieers, that the custody OF The r,bIie
properly sud money is an Executive function.
which, iD relation Co tie money has slxay, becn
exercised through the Secretary Of the Irra,nr,
and hts subortiiuates; tht 90 the Performance. a.,
these duties, he ~ subject to the supervision and
control OF the President. aud in all impostani
saeasutrs having relation q -thsn, eoos.,itx liz
Chet Magistrate. and oLl.-ins Lis apps oral s,,d
sanction; that the Law establishing the bank did
NOT, AZ u could net, change the rotation befwcrn
The Prrsi'lrot aud the secretary did not r,l.s,r
me FORMER IL n his obligation 10 see the Iaw
faithfully executed, ue latter from the Prrsi
d'nt's supervision and control; that afterwards
and before, the Secretary did ia fact consult and
Obtain, The sanction u the President 20
and removals of the public dcpositcS; md ti,st
sh departments OF the Government, aud tl.t. ma
tiou itsef, approved or aestuese.,d in tl... .rt.
nnu principles, N IN Iriet conformity With our
ConSiitution s'r,l lava
Dirns il,s last year, the approaching terTnins-
non, according to the provisions Of its charter
and the solrmn decision of the AmcIir AZ, ts,,plr
~ the Bank &c the United States male q rxt--
dirnt, and is exposed abuses aud rorrutl on /,
made %, IA nay opinion, ths duty OF the SECRETARY
at tie Treasury. TO place the moneys of the [ Mt
ted States In other deposItorieA The Secretary
dill not con IN tlst opinion, and declined Wv
nlg the necessary order aud direction 80 gisring
we're TIE abnsrs sa'I eorruptons &c the bank 81
evident IT. 6Ncd purpose TO l,cr~,er, ~ Them, aud
20 palpsblc its design, by lis mOncy aud power.
"a eoatrol the OOSrThIncBt and change its rlIare-
or, that deemed Il tie imperative duty Of tl,,.
ExeeoiiSe authority, by the excttioa Of every
power eonhdc,i u u BY the Constitute o., anil laws
~ check its carer and lessen ats ability 90 do
mischief. tVru ~ the paialul alternative. Of di
missing tee Head ot Of the ID -ttaftuen,s Al
W. un,e the removal ~as made other csu.rs sal
heiehi 70 justify u existed, but, II tLcy had t.ot
be Secretary ~ouid have bceu drsn.iss,., for tins
s&use onlv
Wis place supplied ny one whose opinions
were yell known 10 me, and ~bosc frank cxt,rrs-
non ~ their, ga another situation, sud ~I,os- &C.
Serious sacrifices ~ interest sud feeling. whea so-
eHIerte'liS esli~d 10 the station he tos oeeup,rs
sught foreser ~ have sbi. ltei Lis motives fro,n
Saspieson, and his character from F,.prosoL Il.
accordance With the opinions 0ng belorr 1tsess-
- ny hin, b. Proceeded. With my sss.otio, Ia
make arrangements for dcpositing il,c moneys Il
W. tn'nd states ia 0itrr sde insirt,stiUss
The resolution q. thc Senate a. original,
framed and a. passed, d u refers 10 these
acts, pre-suPposcs a right ~ that body 10 IN
terlefr With this exercise of executive power
the principle be once admitted, IL r. no,
sihieuit 10 perceive where ~ may end. n.
~ mere deauBo istion, like this rssoIution.
pc President should ever be induced Ia act
"a matter of oGiois duty Contrary 90 the bo-
vest convictions Of hfs own mind, ~ cosnpl,.
Fsce with the wishes % tie senate the con-
fututinuai Independence Of the Executive DE.
Fartuent would be o. ensctualiy dc.iro,ed
and ~ power ~ eHeetuailJ transfsrred Ia The
senate, a. u that end had bcen aseonpl,.bsd
~ IN amendment - the Constitutif,r a.,
the senate have right 70 interfere wtb
&c executive p0sers, they have slso the rigbt
- make that erfcTsncs effective and n
fffa rIafa ~ -