Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-03

trely independent Of each o'n.t, ,icb tc Cons,tu
,h.r would be the single Exccuhvc' WIG" !. I'll. nanJsd
tneh """u ,scd 10 pro"ide? But, II Is coh'e"ueu,
t h secretary of the Treasury IS not an hA:I
os;csr but officer OF Congress; TO nre
ny 81. and estimates in relation 10 the revenue
pa, ,rnc.s of the Government Tor, ana make all HIS
"nrts directly to, Congress, instead OF making tn ~
M PRECEDENT as the chief officers Of the other Execu-
i've departments required to do Sir, this is easily
accouutcd for. The power TO lay ami collect ta9es' u
TO appropriate the revenue is conferred on Cohgts
alone Consequently, il would be very absurd to req"
the Secretary of the Treasury to prepare csnaEs '
statements on this subject and make report o hen 70
the President, who could have no use lot ue" ~ III
is very natural that he should he required " i ,h
such reports to Congress, who are alone relu.u n
Con sttuon TO act upon such SUBJECTS Du.i Wv.
s;i,u,ion aulhorses the President to "reque 'e UP'
in writing of the principal officer in each OF inc LheGu
tive departments, upon any sa3cct Feials W ~. he
of their respective Offices Of the rpht
of tb, President 10 slrcrntend and control eac octl
in the performance OF the duties OF his
wbv shall he have the rig INT to call on nun 70 e.v' l'
opinion in writing upon any S" rranrs too that the
Secondary of the Treasury should be appointed oy
the President, if lie is an officer OF Congress. TPu
the prncioics of the Constitution, then, inc liea
sn- Dnnarn,out mus, be considered an Executive De-
,nant and The Secretary Of the Treasury an EXecu-
i've officer The soundness Of this construction IS con-
frmed by the opinions OF the most able ana o't'ouoN
nounders of TINT instrumental MIR. hudson and tne
Longress ei ~ he Fedora, aad State Conventions
which framed and ratified the Consulunon ana also oy
the practice of the Government for almost nan cpnu
rv The 9TH section Of The Act 'to estuoilsh te
syrv D,uuri,nent" 'approved September I'd, 1903, re-
coGn;zes ,e.riGh Of the President to remove the eecre
nrv from office the following terms: Ana DC II luf
her enacted That whenever the Secretary shall De re-
yed from Office by the President Of the U. s. or in any
er case of vacancy in the Office of Secretary the ASSIST
all, shs during the vacancy, have the charge and Gus
toby Of the records, books and papers, appeainng 10
| n 81, Inh tan ri n
bllshng the salaries OF the Executive officers OF 20
yernnelt with their ASSISTANTS the very first officer
named is the Secretary Of the Treasuy so that the hrst
CONGRESS under the Federal Constitution decided lhat
the Treasury Department is Executive Department,
and the Secretary of The Treasury Executive officer,
and subject TO be removed b. the President
But Sir it is commended by some, that although Inc
Secretary Of the Treasury may be Executive officer,
and subject to the general control and supcrinendence
of the President yet he had right to interfere win
him in The execution of the 10th section OF the BANK
Charter, because they say il is trust conldea IN Inc
Secretary by Congress and the Bank and the President
was guilty Of violation Of this law, and OF the Consul
tuition, by assuming the responsibility OF directing Inc
Secretary to remove The deposes, and thus assuming
the control of the public money. The first question 70
determine is whether this is personal or official trust
conded in the Secretary for 1t 1t Is conhdea IN MIN as
Secretary Of the Treasury he must necessarily exercise
the power conferred by it, under tue control OF and SUI
perintendencc OF the President The 18th section OF the
| Bank c.arlcr is in the following terms:
n be further That the deposes OF the money oil the
may be established shall be made 10 sad Bank or branches
unless the Secretary The Treasury shall All" e ohet"Se o".'
dacy Congress- if III aud not immediately al
OF the next Session. :he reasons OIL such or
Now sir only necessary to read this section to
satisfy every unbiased mind that this trust conferred
on the Secretary, officially Secretary oil the lEensu-
~ and personally; consequently, he was bound 10
perform the duty here assigned to him, as we'll as all OF
his other official duties, under the direction OF the freS
DENT aud the President as much bound ny the QUILL
Il k,nr IiufIn In f1E
this law should be faithfully executed as any other law;
consequently it no assumption OF responsibility IN
him. or violation of the Constitution Of the laws for
him 10 direct the Secretary of the Treasury TO remove
the Dcpositcy Nor in doing So did he the con
troll of the public revenue, but Only It's CUSTODY whlch
duty is conferred him incidentally by the Constu-
tion and by The 4lh SECTION OF the ACT to establish .e
t Treasury Department, and by the 10th section OF Inc
Il Bank chatier
If alteady shown that the Constitution vests Inc
Ge las 1nth P55sSdIen that under sSTia5 t1s s
tls G4ttca States (with-l drparmens-ofc course
otacers winch drccIonand the Courts, may be
authorised by law 10 appoint and that Congress can
appoints none, except The officers Of their respective
Huuses And have also proved, that the President
remove all these officers Except the Judges whenever
they neglect refuse perform faithfully the duties as.
signed to them by law. Now, sir il seems ME, that
come TO correct conclusion this sui jet it il only
necessary to determine, what kind OF duty it, to take
Of the public money? is it Legislative, Judicial,
Executive: For if Le the latter settles the question:
that it is the Presidents duty that the public
ney is taken Of The gentleman from Wylhe says,
that it is expressly conferred Congress by that clause
Of the Constitution which auhorises Congress ;'to lay
and collect ta1cS Does the gentleman know that this
clause simply coners Congress the power pass all
laws necessary to lay taxes and 10 regulate their corc
ton? Or, would the gentleman have 10 believe: that
each member of Congress would have right to become
Collector and perform the ministerial duty of collect
ing the public revenue, and then keep the money in his
own pocket If this were the case but small portion
Of the public money would br left for the public service
and 1t is tar inference from the gentleman argument
for, he contends that the power collect implies The pow
to take of, and Congress has right ap.
point officers, either to collect take of the public
money, the members Of that body would of course,
agreedbly TO the gcnt!emans argument, have light to
perform these ministerial services themselves. Now
there be question, but that Congress has power
pass all laws necessary to regulate the collection and
tody of the public revenue determine where il shall br
kept and how it shall be disposed of by appropriation
otherwise and lha, the duty Of collecting. taking Of
and discussing the public revenue in pursuance Of law
ministerial, and must De performed by Executive Off.
consequently these officers cannot be appointed
by Congress- they must he appointed by the President
by the aud advice of the Senate by the heads
Of the departments in pursuance of law, and subject
the general superintendent Of the President and
inoval by him; which duties he must perform his
high responsibility. And he is amlenabe to public OPT
mon, and lube to an impeachment, for abusive
OF these powers. But, sir, the duty to receive and
keep the monies Of the United States is expressly con-
terIed on the Treasurer Executive officer of the 7ea
Department. by the 4th section of act to esab
llsil the Treasury Department. which section not
repealed as the gentleman supposes by the 10th section
OF the Bank Charter, is not especially repealed by
ii; and there is nothing in conflict between them re-
peal It DEMONSTRATION. II the 10th section had been
adopted m the Bank charter, there is nothing in the 9TH
section Of tile "act to establish the Treasury Depart
Dspi, which would forbid The Treasurer from drposiling
the public money in the IT, S. Bank and its branches
ugreEuiy 70 hs provisions Of the 10th Section BEFORE
the pussuge OF the Dunk vf 1876, the Treasurer
under the direction of the head of that Department
and the President had unlimited discretion in select
ing the Repositories Tor the public money and it the
practice TO trpose in State Banks, and in some in.
lIniisn