Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-02-13
Er'fact Of Mr. Binney's Speech on Ac

deposite question.
MIR. Speaker: The second genera
proposition of the Secretary affects thi
House as component part Of the Legis
lative power, and affects the whole Leg
islative power in the most critical man
ner, as may be seen by the proposition
itself "The placed deposite could no
be changed by a Legislative act, withou
disregarding pledge which the Leg
islatu.e has given "although Congress
should be satisfied that the public mo
ney was not safe in the care of the Bank
orshould be convinced that the interest.
OF the people Of the United States i'm
?erlously demanded the removaI."-
These are the plain terms Of the Sec
Rotary and the House must see what i:
their plain meaning; that whereas the
Secretary can overthrow this contract
with or without reason, right or wrong
Congress cannot be relieved from it b,
She most imperious reasons-that, as
his action can, under no circumstances
impair the contract, so the action Of
Congress upon it, can in no event, be
otherwise than illegal.
Sir, there is Que characteristic oil
these propositions, for which acknowl
edge myself to be indebted to the Sec.
rotary; they are SO strongly stated that
it is impossible to mis- lake their meaning.
While the Secretary asserts every pow
er over the subject to himself, he denies
the existence of any power in Congress
over the same subject. The use and
design of the doctrine is at the same time
as clear as its meaning; it IS the only
and the indispensable justification Of the
Secretary's extreme action upon the de-
posites SO shortly before the present SEES.
sion ofCongrcss; and, if this justification
fails, he is without any.
The question, sir, concerns the inter
probation Of a statute. The extent of
the Secretary's authority, and of the res
friction upon that of Congress, mus, be
collected therefore in the ordinary way,
from the fair scope and meaning of its
provisions, in their application to the
subject matter; and the House must con.
sequeptly feel some surprise that the
Secretary should have adopted the inter-
probation. which lie asserts, in state of
mind which ought to have carried him
&c the directly opposite conclusion. His
letter proceeds TO say-"The power over
she place Of deposite for the public mo-
ney would seem properly TO belong to
Che Legislative department Of the Gov
erument, and it is difiicalt to imagine
why the authority to withdraw it from
ihis Bank was confided Exclusively TO the
Erecutipe." ! must state it is an ex-
traordinary fact, In the history of legal
Interpretation, that when the learned
Secretary admitted that he could not
imagine why the meaning should be
what he asserts it 10 be, it did not occur
TO him that this was one of the best rea-
sons in the world for holding that its
meaning is not what he asserts it to be.
If Court of Justice should be told by
Counsel that he could not imagine why
The meaning he gave TO a statute should
be its meaning, he would probably be
admonished to try the effect Of that i'm,
agination upon different constructions
and it would be very likely to assist him
in obtaining the true construction. The
Secretary Says, he cannot imagine why
The power was con6ded exclusively to
the Executive. hold sir with submis-
sion, that the power is not confted to
the Executive, either exclusively or at
all. The position is directly repugnant
TO his first proposition, that the power
Of the Secretary is absolute and uncon'
ditional, and it is equally repugnant to
the laws and Constitution, as they have
created and fashioned the executive de.
partmcnt. The Secretary is not the a
gen, or officer Of that department in the
performance Of the trust committed to
him by the 18th section Of the charter,
nor in the performance of any Of the
trusts committed to him by Congress,
in regard to the control of the public
treasure. In these particulars he is the
agent and officer Of that department
which lays and collects taxes, duties,
and imposts; pays the debts Of the ma.
ton; borrows money; raises and sup
ports armies; provides and maintains a
navy; makes appropriations, and keeps
the public treasure under its own con
troll, till in virtue of legal appropria.
ton, it is drawn out of the Treasury.
He is the agent and officer Of Congress
and mt of the Executive