The Arkansas advocate., 1834-05-30
PRESIDENTS PROTEsT,.
IT ] Iiiurselog, .4p14l r, 1884. I Coacladed. I

of the sense of Congress, that the President derives his power to remove the Secretary. from fhe Constitution, which appear in the act establishing the Department of Foreicn Afl;tlrs. An Assistant Secretary of the Treasury was created, and it was provided that he should take charge of the books and papers of the department, sswhenever the Secretary shall be remored from office by the President of tho United States.o
 iNhhe Secretary of the Treasury being ap- lpointed by the President, and being con- sidered as consttutionally removable by bin1, 1t appears never to have occurred to any one in the Congress of l759, or since, until very recently, that he was other than all Executive officer, the mere instrument of the Chief Magistrate in the execution of the laws, subject, like all other Heads of Departments, to bis supervision and con- trol. No such idea as an officer of the | Congress can be found in the constitution, or appears to have suggested itself to those who organized the Government. There are officers of each House, the appoint ment of which is authorised by the consti- tuition, but all officers referred to in that in- strument, as coming within the appointing power of the President whether established thereby or created by law, are s'olficers of the United States" Nojoint power of ap- pointment is given to the two Houses of Congress, nor is there any accountability to them as one body: but as soon as any ofli- cer is created by law, of whatever name or character, the appointment of inc person or persons to fill if, devolVes by the coastitu- ton upon the President, with the advice and consent of the Senate, unless 1t be an infe- rier office, and the appointment be vested by tho law itself ''in the President alone, in the courts of law, or in the Heads of De- paftments.
 But at the tisne of the organization of the Treasury Department. an incident occurred which distinctly eynces the unanimous con currence of tie first Congress in the principle that the Treasury Department is wholly executive in its character and re- responsibilities. l motion was made to strike out the provision of the bill making 1t the duty of the Secretary ato digest and report plans for the improvement and management of the revenue, and for the support of pab-s lic credit, on the ground thatit would give the Executive Department of the Govern ment too much influence aud power III Con- gress. The motion was not opposed on the ground ;l,s,. that the Secretary was the off
 cer of Congress and responsible to that body, which would have been exclusive, If admit tied, but on other grounds which conceded his Executive character throughout. The whole discussion eyinces an unanimous con cunenee in the prlnciple, that the Secretary of the Treasury is wholly an Executive oiii- cer,. and the struggle of the minority was to restrict his power as such. From that time down to the present, the Secretary of the Treasury, Register, Comptrollors, AHdit- ors, and Clerks, who fill the offices of that Department, have, in the practice ofthe Go- yernnent, been considered and treated as on the same footing with corresponding erades of officers in all the other Executive Departments.
 The custody of the public property, un-
 der such regulation, as may be prescribed by , Legislative authority, has always been con- sidered an appropriate function Of the Exc cutive Department in this and ali other Go- yernments. Tn accordance with this prin- ciple, every species ot property belonging to the United States, (eXcepting that Whleh is in the use of the several coordinate De-
 nartneats of the Government, as means to aid them in performing their appropriate : functions is in charge of officers appointed bv the President, whether 1t be lands, or buildings, or merchandise, or provisions, CT
 clotb;nr. or arms and munitions of war; n The superintendents and keepers of the | whole are appointed by the President, re- ,fl sDons;ble to him, and removable at hs wli. !, Public money is but species of pubic Il property. It cannot be raised ny taxation j CT customs, nor brought into the treasury Ill y any other way, except by law; but when-
 ever or however obtained, its custody d.
 ways has been, and always must be, unless = the constitution be changed, lntrusted to the Is Executive Department. No officer can De n created bv Congress for the purpose of tah- ,, ino if. whose appointment would not by me
 constitution. at once deyolye on the ffesl- : demand who would not be responsible to
 him for the faithful performance oi fils au- IS ties. :, y The Legislative power may undoubtedly a :. hind him and the President, by any laws Te thcv may think proper to enact' may pre- II scribe in what place particular portions Q
 the public money shall be kept ana M m loI w,ia ..
 reason 1t shall be removed, as they may
 direct that supplies for the army and T navy a';1 . shall be kept in particular stores' anu :. "n ", !. be the duty of the President to see .ha' m '''
 law is faithfully executed-yet vii the GUS
 a% .aa,, ra,nain in the Executive Depaft'nen
 nf the GnYernment. were tho so"s,' " 'e-