Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-01-18
Mr.. cALHoUN'S SPEECH.
So per annum,
S per annum.


ton being on Mr.. CLAY's resolutions in regard
70 the removal of the Public Deposites
Mr.. CALHOUN then rose, and said, that the
statement of this case might be given in very
few words The 10Th section ofthe act incor-
porating it, provides that wherever there IS
bank or branch OF the United States Bank, the
public moneys, should be deposited therein, I'M
less otherwise ordered by the Secretary OF the
Treasury, and that, in that case, ne should re-
port te Congress, if in session, immediately; and
if NOT at the commencement OF the next session.
: The Secretary, acting under the provision OF
this section has ordered the deposites to be with
held from the bank, and has reported his rea-
sons. in conformity to the provisions OF the sec
3 ton. The Senate is now called upon TO con-
slider his reasons, in order to determine whether
the Secretary is justified or not. have examl-
ned them with care and deliberation without the
slightest bias as far as am conscious person
al or political have but slight acquaintance
withethe Secretary, and that little is not unfa-
yorable to him. stand wholly disconnected
with the two great parties now contendlng for
ascendency My political connexions are with
that small and denounced party which has vol
unfairly wholly retired from the party sIlfes OF
theiday, with a view of saving, if possible, the
liberty and the Constitution of the country, IN
this great crisis of our affairs.
Having maturely considered with these I'M
partial feelings, the reasons OF the Secretary
ed to make out his Justification. At the very
commencement he has placed his right to re-
move the depOsites on an assumption resting on
misconception of the case. In the progress
of his argument he has entirely abandoned the
first; and assumed a new and greatly enlarged
ground, utterly inconsistent with the first and
equally untenable and yet, as broad as his as
sunptons are there is an important part OF the
transaction which he does not attempt to vindi-
cate, and to which he has not even alluded. /
shall, said Mr.. Calhoun, now proceed without
further remark to make good these assertions.
The Secretary, at the commencement of his
argument, assumes the position that, in the ab-
sence of all legal provision, he, as the head of
the financial department, had the right, in vir-
tue of his Office, to designate the agent and
place for the safe keeping of the public depo-
sites. He then contends that the 10th section
does not restrict his power, which stands, he
says, on the same ground that il did before the
passing of the act Incorporating the bank. 1t is
unnecessary to inquire into the correctness of
the position assumed by the Secretary; but, lift
were it would not be difficult to show that when
an agent, with general powers, assumes in the
execution OF his agency, power not delegated,
the assumption rests on the necessity of the
case; and that no power in such case, can be
lawfully exercised which was not necessary to
effect the object intended Nor would it be diff
fcult to show that in this case the power ASST
med by the Secretary would belong, not to him.
but to the Treasurer who under the act organ
ling the Treasury Department. is expressly
charged with the safe keeping of the public
funds, for which he is responsible under bond
in heavy penalties. But, as strongly and direct
ly as these considerations bear on the question
of the power of the Secretary, / do not think it
necessary TO pursue them, for the plain reason
thstfhe Secretary has entirely mistaken the
case. 1t is. not a case, as he supposes, where
there is'no legal provision in relation to the
safe keeping of the public funds, but one pre-
cisely the opposite character. The 10Th section
expressly provides that the deposites shall be
made inthe bank and its branches, and ofcourse
it is perfectly clear that all powers which the
Secretary has derived from the general and in
Z herent powers of his office, in the absence of
such provision are wholly inapplicabe to this
Nor is it less clear, that if the section had
terminated With the provision directing the de-
posites to be made in the bank, the Secretary
would have had no more control over, the sub
ject, than myself or any other Senator; and it
follows of course that he must derive his power.
not from any general reasons connected with
the nature of his office, but from some express
provision contained in the section, or some
other part of the act. 1t has not been attempted
to be shown, that there is any such provision in
any other section or part of the act. The only
CONTROL then which the Secretary can rightful-
ly claim over the deposites, is contained in the
provision which directs that the deposites shall
be made in the bank unless otherwise ordered
by the Secretary of the Treasury; which brings
the whole question: in reference to the depostes.
to the extent of the power which Congress in
tended to confer upon the Secretary, in these
few words" unless otherwise ordered,
In ascertaining the intention of Congress, |
lay it down as rule, which suppose will not
be controverted that all political powers under
our free institutions are trust powers and not
rights, liberties or immunities belonging per-
sonaly to the officer. | also lay it down as a
rule, not less incontrovertible that trust powers
are necessarily limited (unless there be some ex-
press provision to the contrary,) to the subject
matter and object of the trust This brings us
to the questi0n--what is the subject and object
ofthe trust in this case. The whole section re-
lates to deposites the safe and faithful keep
ing of the public funds. With this view they
are directed to bemade in the bank With the
same view, and in order to increase the securi-
ty, power was conferred on the Secretary to
withhold the deposites; and with the same view
he is directed to report his reasons, for the re-
moval, to Congress. All have one common OBJ
ject-the security of the public funds. To this
point the whole section converges. The Ian
guage of Congress, fairly understood ;s--wa
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