Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-02-13

Organization of the Executive depart.
ment and Of the Treasury; and, if il
S did not lead to public discussion then, it
was because it challenged universal as
sent. 1t is impossible to explain the
structure of thesesdiferent departments
or offices, upon any other theory. ]
ask the attention of the House to the
consideration of this point.
| Here Mr.. Binney cited the several
acts establishing the Departments Of
War, State and the Navy, in the titles
of which the phrase Erecutiue Depart
naent is used, and quoted passages max
ing it the duty of the heads of those de-
partments, ssto execute eueh duties as
shall from time TO time be enjoined upon.
or entrusted to them by the President Of
the U. S., agrceably TO the cons itu-
ton" Mr.. Binney then proceeded:]
The provisions Of these acts require
no commentary. They place the de
partments wholly under the direction of
the President, agreeable to the Constitu
ton in all that regards the exercise of
his constitutional powers over foreign
affairs, the army, and the navy.
The act Of the Cd September, 1888,
for the establishment OF the Tresury De-
partment, pursues a strikingly different
course. Ii drops from the title the de-
nomination of Executive, given to the
other experimentation by accident, but
by design, as the word Executive" was
contained in the title Of the bill when
reported by committee, (sce Journals
and what is more material, it enacts that
it shall be the duty Of the Secretary ''to
digest and prepare plans for the manage
ment and improvement of the revenue,
and for the support Of the public credit;
10 prepare aud report estimates of the
public revenue, apd the public expendi
lures; 10 supcrintend the collection Of
the public revenue; to decide OH the
forms Of keeping and stating accounts
and making returns, and to grant, under
the limitations herein established, or TO
be hereafter provided, all warrants for
moneys 10 be issued from the Treasury,
Iinpursuance OF appropriations by law;
10 execute such services relative to the
sale Of the lands belonging 10 the United
States, as may be by law required of
him; to make report and give iuforma-
ton, to either branch ofthe Legislature,
in person or in writing, as he may be re-
quired, respecting all matters referred TO
him by the Senate or House of Rep
resentatves, or which shall appertain to
his Office; and generally to perform all
such services relative 10 the finances as he
shall be directed 10 perform," The name
Of the president is not mentioned in the
act, except in the 9TH section, which
charges the Assistant with the duties Of
the office, in case the Secretary is remev
ed by the President, and the Bond of
the Treasurer, prescribed by the l4th
section, is not to be approved by the
President, but by the Secretary Of the
Treasury and Comptroller.
It's not meant to say, sir that the Sec
tary Of the Treasury performs, or isl
bound TO perform no duties ofan Execu.
tive department, or that in the perform
ance Of any such duties, he is not subject
to direction by the President; but il is
meant 10 say that the Treasury depart
ment is not an Executive department, in
the constitutional sense; and that the di.
rection which is to govern himis left, by
the terms Of the act, to be settled ac-
cording to the character ofthe function
to be exercised. The Secretary is not
the head of an Executive department.,
in the performance of acts which COLI
cern the custody and security of the
public moneys in the Treasury. His de-
partmcnt is not in this respect Presl,
Dental department. To have placed
the custody ofthc public Treasury witn-
in the Executive department, would
have been a constitutional incongruity, a
solecism, to say nothing ofthe enormous
mischiels to result from placing the pow
Ter of the sword and the purse in the
same hand. 1t would have .marred the
harmony and simplicity Of the whole
scheme Of the Constitution, by leaving
to Congress the duty ofPaying the debts
aud providing for the common defence
and welfare, while the money collected
for these objects, was not under thei,
control, but in the hands Of a different
department. 1t would make, and the
adoption of the doctrine does make,
the power of appropriation entirely fu
tile, because the public money is, by
lforce of il. as little under the control of