The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-08-15

been placed under the uDguardtd, unchecked Gen.
tloI Of the President more nunstrous and siaIi-
ling proposition never met tho ears OF Den ocr nc
Republcans who have mos Justly been dist usiu
Of Executive rover and tronage, particularly 81
his power over The revenue. Again this proposition
was defeated, by majority oi nineteenth the
House
AS remarked the object Of this last movement was
to destroy the Deposite Act by which Executive dis
erection was regulated. The agilaors felt no scru-
Piles 10 leaving dangerous, unlimited end uncon-
irolled power over the people money 10 the Pfes-
dent, when there existed no difficulty In d. fning
and regulating that power not only so, but they
siruve with all their energies toiake away u oh, cks
and barriers which the Derosiie Act OF ls36 had
orposed 10 and thrown around goveinm ntol discre-
lion Among many important provisions Of that
action, will mention bat Two. by IT, the Secreia-
~ of the Treasury had tie power TO discontinue
any banks asa public depository, which did no, keep
in It's vaults quantity Of specie bearing air pro-
portion 10 its liabilities; and The acl conferredo ON
The Sec etary the POWER To ascertain from such
bank the know ledge necessary 10 execute This power
Ia provision highly necessary for The safely Of the
public funds Another proy,i ion Is, that the Secre-
lary is prohibited from removing from one bank 10
another The public money, TO sustain the credit OF
any bark, or Tor my purpose, other han the dis
bnrsemeB. oftLe TeyeDue-thus preventing The ex-
ercise Of iavoritsm OF one bank and Of hostility 10
another. Olber imporan provisions are in the act,
| all Of which were TO be broken down to crafty an
uniirng aud neyerdying btieiness against the
banks And can this doctrine of unqualified Execu-
Republican fathers commend itselfio the Democra-
cy OF The present day. Every statesman from Mon
roe down 10 Nj. Benton, has repudiaed this doc
trne Mr.. Monroe, in one of his messages, says;
"The Legislature is the guardian over the public
purse
Hear tie sentiments Of President Jackson, In as
signing his for removing the deposies given
TO his Cabinet, Sept. Is, 1888.
" In Kidding the country Of an irresponsible power,
tthe v Bank care mus. be taken not 20 unite 'he
same power with the Executive branch. To give
President control the currency. and the power
over individuals. possessed By the 5 Bank,
with the material difference that he is responsible
the people, would be ojeefono AID as dangerous,
as to leave il as il is. Neither the the other is
necessary and therefore ought not 10 be resorted to-
In one Of his messages he says:
"The power Of Congress direct in what places the
Treasurer shall keep the public money in the liessn-
~, and 10 impose restrictions on Executive authority,
in relation their custody and removal, is unlimited
aud It's exercise will be rather couried Than discouraged
by those pnhllc officers and agents. whom rests the
responsibility for their safety Il is desirable that as
hHle discretion possible should be le TO The Presl
dent or Secretary, over these institutions"
Again he says:
" The attention OF Congress is earnestly called 10
the regulation Of the deposites in the State Banks by
| law"
In his message, Dec. 1885, he says;
II need only add TO what have, on former
sons said this subject generally, that ia the regn-
latons which Congress may prescribe respecting the
custody OF the public moneys is desirable that lit
tie discretion BE- he more deeply impressed
than am vtu the soundness Of The doctrine which re-
stras ard limits by specific provisions, executive dts
| crelon, far a. can he done consistently with the
preservation Of lis constitutional character In respect
the control the public money this doctrine is Pc
ouarly applicable. and harmony with the great
/ hch l, in 10
sy With the Bank The uulted States which has
sted IN serering, to some extent, dangerous con-
nec,ion between none, cd and political power The
duty Of the Legislature To define. by clear and positive
enacmens, the nature aud extent Of the action Which
it belongs to The Executive to supcrn,and. springs out
Of policy analogous that which enoins upon all The
| branches Of The Federal Government abstinence
from ihe exercise Of powers clearly granted. la
pow the spirit Of lis general administration cauot
be wise just, when opposes the reference OF all
doubtful points the great Of authority, the
States and the people; whose number and diversified
relaois securing them against the Influences aud OK
elements hch may misesd their agents, make them
the safest depository of power. In It's application TO
the Executive with reference 10 the Legislative branch
Of tho Government the rule Of action should make
the President anxious avoid the exercise OF any
discretionary authority which be regulated by Con-
4 gress The bases which may operate upon HIM VIII
not he so likely extend the representatives OF the
people III that body"
Mr. Buchanan, distinguished Senator, said in
his speech in 1884 that
He was opposed TO investing the Treasury Depart
ment with any discretion in regard to the deposite
| banks which was absolutely necessary. Their du-
ties should be- far possible distinctly dehaed by
law This owed mol only TO the Department itself,
but to the country"
This gentleman notwithstanding, voted TO repeal
The depo>e law and leave every thing to Executive
| discretion
Mr. Polk, Chairman Of the Committee of Ways
and Means, in speech in the House, June ~ 1854,
said
1T is the opinion Of the Committee, that discretona-
~ power should be given in any to am Off
Ger Of the government when it can be regulated and
defined by law"
| "The present Executive does not desire, and never
has desired any discretionary power in the execution OF
the laws which from nature Is susceptible OF beng
| Defined"
i will refer to The opinions Of MIR. Benton hereaf-
ter in another connection. And what is the history
sought TO be oblileraed from the Statute Bookl Let
us see Amer the removal of the deposites from the
u s. Bank in The Fall of 1888, the Secretary of the
Treasury, from necessity, employed The Stat Banks
thought Of II was reserved for modern ingenuity
to discover these anomalies in our Government.
| pr coed TO show the estimation in which these
banks were held by competent Republican judges:
General Jackson's Message, December, 1888,
q" am happy TO know that, through the good Of
the people, the effort made by the s Bank to get up
panic, has hitherto failed and that through the in.
creased accommodation which the State Banks have fur
nished, public distress has followed the exer,ons Of
the bank."
i Here the General acknowledged with gratitude,
the exertions IT the banks 10 defeat the u s. Bank
IL IFS attempt to get up panic. II is well known
u. s. Bank had not the Stale Blnks lent their aid