Newspapers / The North-Carolina Star (Raleigh, … / May 8, 1834, edition 1 / Page 1
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3- i.. ft r t . - -.".'"'ci VOX .20 IT rat i l4 "Jul .orfX Carolina State Gazette, i-t-v: I'.wiuiib. "lT :, ,Y tiL A WREN C R fc LEMAT. ... " ;"".-. terms. . --' -' ' balf ht advances Subscribers ia ther hla, Yt- .IL...l tt. rema n SrrearS lonrOr . ! Y - A:! " .J Mrn. resident illio.it this St. wbo may detlre to;-""! ' will be strictly required to pay the whole a- 4 momt of tbe year's tuoieripnm " AavsnTisiasnTs. eseeedinr fifteen hoe wiMwted three lira' f" on dollar, and twe --fi. eenit fi wesyaoatfuosnee. Larrsee toibe Editor aatist be fott- f PRESIDENT'S PROTEST. t ;,',v. w . (Concluded.) -, " ' . ; v this of the resolution it must cer h wMrdel not m a vindication oT any particular provision of tli lew or tje but eimnlv an official rebuke or condemnatory lenience, too general and indefinite to be easily repelled, but yet suffi lv nreciae to brimr into discredit the oHii'ri and motives of the Executive. But whatever it my have been intended to ac complish, it k obvious that the vsgue, gene tal nd abstract form of the resolution, is in perfect keeping with those wher departures from first principles ami wttled improve- anentf M-jmrmPf.3 of free countries in modern lmcs. , ..And it much to sav.of the whole of these proceedift(f ht if they shall be approved and sintsined by an InieWfrent People, ithen iht a-reat com est with arbitrary power. which had established in statutes, in bills of . ..'.icbJn?cr'"es rters and in eoti'J'Mtitions T MverninentT the intWbt ttf .tW'tx a WielSfiTiffilnra''lic'j''S l"fu" "PP'J vrttioiuand lo an impartial iributiftl for tte.j aim.- ;v ;A Trnie-"irtiiT-h:din1efrlir m ftrm It h WtaMa.ihatJt-coiiM- ,aMllWrn.kis4UJtioijeircumeU ever have -receivel the absent oi a majority Mh Krnate. for tlit acts therein specitied violations of the constittiiion and law clearlv withiri tlc liotiu of the Kxecu live authority.;: They !ire.thltaiiMiig the late Secretary of the Treinuiyt 1ecaii tie would not, ctintrary to his sense 'f t;s own duty, remove the money of the C Stales in deposite wiih the Bank r flic U. States and its brandies, in oo-ifof mil w'iU the Piesi cletH -owonv andappoLntinjr liis succe jsor in rWeri such removal, 'winch lias teen niit ss. no other, snccificatioit lts toTsiiliitgigsaaiA cutive proceeding teHrt imrt th.fWte revenue,' principally referred to in the course of the discussion, lliey wilt do. 1le i .he seneraJIv recarded as tne acts inieuocq . l.B tborily snd power not coiilerred by ine con atittilion or las, lint in derosalion oJ boih." It is therefore due to the occasion mat a con tnwil summary of the vs of I be Execti tive In resDcct to them, should be bete eihlbiied. ? - By tbe eonstitotron tli Exeeiilive power is vested in a President of the United 6ta.es,' Among tbe dutiee posed ttpon .him, aJ 1L C1L. UB...IS.ltiriI.IV...W?:UV.M''...I.?llf takinsr care tliat the tows be faithfully exe euied.' Being thus made responsible for the entire action of Hie bxecutive uepartmeiu it was but reasonable'lhat the power of p pointing, oerseeing and controlling those wlioexeeute tue laws a power in us nauirr eteciitive should remain in hands, fs therefore not only b"i ritht, but the con atilution makes 't his duty, to noninate, and by -and- .wilu.ii.ie advice and consent ot tlie Senate appoint' s'l 'officers of the United jbtates wluwe appointments are" nof iit the .eonstilution oiherwiie p'-ovittect for,whh a proviso that the appointment of Jiilertflr offi- eers may le vested in the Presnlenl alone, in the Courts of Justice, or lit the Hesds oi Departmen'a. '. .'' - - The e,ecutive power vested In the Senate Is neitlter that or nomiiwting' noi apnninU Ing.' It is merely a check upon thexetutive . .. power of sppoirttmeni. If individuals are proposed for appuoitiipeiiPM 'the lresideWi fcy them deemed inctmipelent or unworthy, they may withhold, their consent and the ppoimmei.t cannot be aiade. 1 hey check the action of the KseeiHtve tHitiHiot, relation to those seiy Wibjeds, act ihem aelves nor direct bim. Selections r still - made iy the Pres'der.l, and the negative ftWrn to the Senate, without diminishing hts : esponsibiliiy,iurnislies an additional gtiaraa. see to the country that the tboitlinnte "e-iecume w'welt TTi.lucii 1ices ehxtt e filled with aorthy and competent men. The whole .executive power brinf vested ":.-.!.ln theTieaiilent.whff is responsible fotMs estcrclse, it hi a necessary consequence Itiat be should hat e riht t-j employ agenta 1 1is own choice to a'wi bim in tle pertormanee of hit (lulies, pml lodi-rliarje them when he ie no longer willing to oe tHpmis'u4efir their rls. In strict accordrnce W-tb ihis principle,, 1 1te - power -of removal liich, like that of appomlmeitt, 1 original evecutive power, U left uneheeked by tbe constitution in rrla- - t4a to all executive o.Ticers for whose con duct the President is responsible, while ii is taken from him in Wlaiioit to '.judicial cers, for whose acts he is not responsible. """"i tlijj govern .v. fundamental principles of our tys'em are derived, tlie Heud of ihe Executive Depart. sncnt originally had., power Jo. appoint and remove at will tf olficers, exeCttilve and judicial. It ws 1 take the- Judge out Oi A. this general power of removal and thus make them independent of the Executive, that the tenure of I heir oflices was changed to good "7" TrliivToftorTiTt" dtfeeH'ablerwby they i are placed in our constitution upon a tenuie diflerent from that of all other officers ap pointed by the Executive, unless it be for the same purpose. But if there were any just ground for doubt on the face of tbe constitution, whether all executive otTicera are " removable aTnhe ill of th President, it is obviated by the extemporaneous coostruclion of tbe iustru- nent and the uniform practice under it. ' TUa power of removal was a topio of so lemn debate in the Congress of 1789, while organising the administrative departments of toe government and if was finally decided that the President derived from the consti- - - tutton the power of removal, so far as it re- gards-ltiat department for whose acts be iarc appnsible. Although Ute debate covered the whole ground, embracing tbe Treasury aa w.ii ...11 i .1 . , " oiner executive pepartmenis, 1 snu k win 00 tne umj 01 in rremmt m cc , ' it arose oa a mot Inn i .i.w. rS ,t,!that the Isw Is foillifullv exeented vet will" tbe bill t establikh a t)e pan menl of Foreirn Af - i fsira, since called tbe Department of State, - clauae decl.rinjr the SeVretarV to be re- " - annnl U f, v. " .? " , IC .I.,-' 1 r . Af,c tllt mot'OO bad been nift ttesa word did not convey the sense' of the House of Eepresen'ativei In relation to the true source of the power of removal. 1 With the avowed object of preventing any future inference, that this power was exercis- ed by the President in virtue of a grsnt from Congreo, when in fact that body considered it as derived from the constitution, tue woras which bad been the subject of debate were struck out, and in lieu thereof a clause was inserted in a provision concerning the chief cleric of the department, which declared that "whenever thfr aaM -principal officer sUU be remrved from office by be I'resident of the. Umted 8ute orjo any otner case of vscan- ey,w the chief clerk should during such va cancy have charge of the papers ol the ofRce. Tills enng"bjw.ittKJ:bcen.jtu ex-. pres UTosevf-eelarng tuesettse .iitjuaiL. grens, that the President derived the power ot' removal from the constitution, the set as it passed ias al way been considered as a full expression ot tue sense 01 tue i.egisiaiure on this important part uf the American con stitution. : Here then we have the concurrent sulhorw ty of President Washington, of the Senate, and the House of. Representatives, nuDbers of wheiii had taken an active part in the convention which framed the constitution, and in the Suie cimvenuons which adopted it, that the' President derived an unqualified power of removal from that instrument it self, which is 'beyond the reach of. Legisla tive authority.' Upon tins principle tile GoKcrual tws iww becw telily imiuis tered for about forty five years, during which there have been numerous removals made by ihjJPresident or by his direction, embracing everv crade of executive officers." from the Heatls of Departments to tne messengers oi , Uureaus. -... Tbe Treasurv Departmeitt, u the discus iions-of 17yr w considered rt,4))S.jime foMtfi; a tlie-oujer Kxcuio,j e.UfijartePA and in.the srt , eslftblisUinc ilfc Ibe precise sense ot Congress, mat tne rresmentaerives f0Hitt..ppew lishiiiff the Uenailmenl of Foreign AITaii-s An awslaiK Secretary or tne treasury was created, ana a was proyitiea mat ne siiouio . . ........ T til ill part me : r-; - - " :-- i be I'ciMOve'friio iimce Ky the Tfrsident ot the United States." The Sec ctary of the TiTastity beiii appo'nted by the I'residenr, lnd being cons.de red as constitutionally re movable by him, it appears never to have occurred to any one in the (.'ongrrs of 1739 or since, uriltrveifryecentlyi thsHte was other air ext-ciu tve owcer, (he mere liuiiiunr l cf the 'rtiii1hHaeislfate','Ti '"flic lleadi of Depavtmems, to his supervis.on anU control. No such idea assail onictr of "the Congress can be founilin theeousOlntion, or iaiUejjojwcjesjLbcJflott who orrauied the Government. There are ofiieersof each House, the appointment of which is authorised by the constitutions but all olHcers refened .o in that instrument as rominir within ibe pponlinjj power of tLe President, whether established thereby or created bv law. are 'omcera of the uniled States.' No joint power of appointment is jfiven to tbe two Nouses' of CoKrebS; nor is ilwreaoy accountability lo tUem as one body; but as soon as any olficj is created by law, of whatever name or cliaracter, Ute appoint ntenl uf the person or persons to fill it.de. volves bv the ronstilution upon the Presi dent, with the advice and consent of the Senate, unless it be an inferior oMice and the lnppruiiiiieiii be vested by the law itself 'in the PresiJenl atone, in the courts of law, or in the Heads of Departments. liul at the time ol the organization oi the Treasury Department, an incident occurred which disiiocily eiiiices ihe nat'nouscon- cdrre.ice orthe fimtatagrcw'lH themincF- nle iliat ITie TrcaMiryrtJepartment wtwHy executive in its character and responsibib ties. A motion was made to strike out the proviwon of Ute bill making a the duty of the Secretary to digest and report plans for itte iniDrovemeiil and mansjiement of- the revc nue and hir the support of the public credit on the erouml that it would give tne fciecu tive De parrmetrt ofthe-fcoFVeremeirt too mttch inBtienee and power in Congress. - The mo- lioit was not opposed on Alie ground inat tne Secretary was the otBcer oi Congress and responJble io lhat boily, w lucli wotikt 4ive been conclusive if admitted, but on other grounds which conceded his executive cha' racier throughout The whole discussion evinces air unanimous concurrence In the principle that the (secretary of tlie Treasuiy is wholly an executive officer and the strug gle of'tlie nvnonty was to ixtt riclliis power as such. FiOiiithat tune down to tlie pre sent. tle Secretary ot, the .Treasury, the re'ssttren'; Iteipaierf iuirmnt roUsi'' 'Audifiirs and Clerks, who tiltnl the oiCeeaif tliatJc- partment, have, in the pract're of . tbe..Uo-vemme-W, We considered and U'cated as on the same footing with corresponding grades of fbcera la ail the ot her executive depatt toeata. ' The cus'o.ly of the public properly, under such regulations as insy 'Ije prescribed ty te gisiative authority, lias always been consi dered aa aDoi oi)ae functioi of the eXecu tive department in thi and all other Covern- meius. in aecoroance wmi una principle, everv species of properly belonging to the United States, (escepilbgal' wlilclr it tit tbe us of the arveiordinat depart. menl of Hie Government as means to aid them i pctfowing ..their, appropriate fune-. lions. "1 ,) is nt. charge of olhcers appointed by the President," wheiher it be lands, of build- iiiL'S, or merchandize, or provisions, or cloib ing, Jor arms and munitions of tar. The tnejriu.te.nd.enla ami keepers of'. the wliole ar appoint eif "by t lie'Treiiile'nirreVpoasTb Hi hm, and rrmovabte at liis wuu . Publio money h bflt a ieies of pulilie pro teny. It cannot be raited by fasatioa or sua lonu, nor brought into the treasury hi any other wsv. eiectit bv Ui but beoeveror howsoever obtained, us cutlndi alwavs hat been, ami always niliM ne, nines tins iuuwhihmm im usugcu, in trotted to the Executive DeHirtmeiit, No offi cer esn be erculed by Cougrets foe Uis purpose or' tubing eluYi-genl h, ahote appointment would not, hy tbe eoottitution, at once detolve en the I'reiulent. ami wno would, wot be rettiootilda to liiin fur tlie faillilul werforuiance of hit duties. The Iveitlntiva power may aadouktedlt bind bim and (be President, by any laws they may think ptoper to cwuX they nay preaci'ile ia what place particular portions of ihe publie money thail bo kept, sad fur what, reasons, it M1 be wamwkttMmA I1.M ilitefftli&t tnliltliea fitv iUm army or navy shall be kept Ja psniuular storcst ... ....I 1 . 1 1 ... . . . 'wwtm remain in the teetive IVpartraent of the Government Were the Conrs w aosse w,th.0,'.,,ht V'B' ?.?V -f 'apnointinif officers mdepeadently of the I'reti- J. eontained m tbe mility and Val . tliat cb an act would be reprdd by 4II at a palpable wrpstioa of Exeeative power, -ub- venwe of the torm is Well as lh lundaraental prineiptca ot our Government. But where it the ilitYarenea in principle, whether the public property be ra the fora of arms, munitions of wsr, snd supplies, or ia gold and silver, or bank aoies.' A oik can be pereeivcU on it belitv ed to exist. Cdngrett cannot, therefore, take oat of the bauds vl tbe Executive Department, tlte euttody of tbo pulilis pro)rty or mOuer, without an auumption ot bieoutive power, and a subversion of lite first principles of the eoo ilitiHioa. . . -v' - i The CoegrsiJjf the Unitetl SUits have never paused aa act imperatively directing that the public ruoneys -shall be kept in anj particular pr.ee or i3arm..n'-.i Fiotti" the. ortirTii! of " ttiS Go V- crnment-to thr year IBIS the-statutw book was wholly silent on the subject. In 17.89 a treasurer was created, aub ordinato. to the Secretary of the Trea' sury, and through him to the President lie was required to.s;ivc bond, safely to keep, and faithfully tu disburse the public moneys, without any direction as to the manner or places in which they should be kept.. By reference to the practice of the Government, it is found, that from its first organization, the Secretary of Ihe Treasury, acting under .thus sujwmsumot the ri-esiilent, delhAVctr the" places" In"" wh K ' the pubjjc moneys should be kept, and specially directed all transfers. from place to place, tins practice was continued, with the silent acquiescence of Congress, front 1769 down to j816 and attl)ou"li many bunks 'wefdseTe'c- ted"ah'ddischardi""f wrtuiir (irftie tnoiTCTS Trprrfit'St hIhco! UtblUkv. &it a. 15a.uk.v-. ABdJrett tt.v,tl .. ,. . f , -r.'...,j states and .thatr-ttCCCJU. ir,ti,aiisfci,ml'lTH&t4kHtr no legislation was.lltuutciit necenrj 7 - . , (jonsress, and al tlie operations '-.g"ated and perlected I,, Et i -I. ..ti . e4uUveaudtw)city, ..Ths,SpGi earjf uf the 1 reasury, ressMiiisiblc to the 1'rcsiuent, ind witii his rapprobation, made con tracts and arrangement m relation o the whole subject matter, which was thus. euUrely com mittesLto the d b cction of the President, under Ins re- sijoiiMbiliJies to lite American reopie, tin peach and pu nish him for any breach ot Ins important trust, The act of 1816, establishin! the tlie deposites of public money to be made in that Bank and its branches, inpla.-es in which the said bank and branches thereof may be established " unless the Secretary of the Treasury shouldotherwise- order and direct,',. in which event, he was required to was but a continuation of hts pre-existing powers as the Head of an execu tive Department, to direct where the deposites should be made, with the su peradded obligation of crtvins his rea sons to Congress for makinn; them else where than hrthe Bank uf the United States andi its branches. It. is not to be considered that this revision in a- uy -degree altered ihe relation between the Secretary of the Treasury and the rrcsident, as the responsible Head ot the Executive Department, or released the latter from Ids constitutional obliga tion to . take care that the laws be faithfully executed." On the contra ry, it increased his poosibjHdesbj, adding another t o the Ion list of la ws vhich it was his duty to can y iiito ef fect. 'ixT'''''--.---V': :i It would be an extraordinary result. if because the person charged by law with a public duty, is one of the Sec retaries!! were Jess the duty of the President to sec that law fatthiully ex ecuted, than other laws enjoinina: du ties upon subordinate oAicers or pri vate citizens. If there be anv ditt'er- ehcei; It woutdlceiii thai tlieoTmfioh i tlt. strongec; in rjeion to -tlie for mcrr because the negiect is in his pres ence, and the remedy at hand. - sr. . a' .' it cannot De doubted that it was the tejjal duty of the. Secretary of j the Treasury to order and direct ,tlie deposites of - the public ntoney to be matle. elscwuere than jn the j Bank, of the United States, whenever mfficieiU reason exist for making iu change. If, in such a case, he neglected or re fused to actj he-would -Bes;let -or re fuse to execute tlie law, : y hat would then be tlie sworn duty of the Presi dent? Could. lie say. that - the- consti- tution uiu not uma nini to see tne uw faithfully executed, because it was one of his Secretaries, and not himself un- on whom the service was sn'jciany imposed? MigTit Tie noTBo.. ask'eu whctlier there was any suclt liiuitatioti to his obligation prescribed in the Con stitution? Whether he is- not equally bound to take care that . the laws be ;faiMully-sutedf whethr pose tiuties on - tne nignest onicer; 01 State, or the lowest subordinate in a ny of the Departments? Might he not be told, thatlt was for , the sole 'pur pose of causing all executive officers, from the. highest to the lowest, faith fully to nerlorm the services required of - them by law that the People of tne uniieu states nave maue rmnmeir Chief Magistrate; and the constitution has clothed him with the entire Kxecu tive power of this Government? The principles implied in these questions ap pear too plain to need elucidation. ' A ;: But here, also, we have a cotempo raneous construction ol the act, which shows that it was not unJersftw IITii - - . any way changing the relations n be tween the f resident aua secretary t the Treasury, or as placing tlie latter out of Executive coutrol, even in re latiott to the deposites of the public money. Itor on , this point are we lea to any equivocal testimony. vTbe doc uments ot the treasury Department show that the Secretary of the Treas ury uiu appiy to tne rresmeni, ami ou ain few approlatiort!aud sanctioti to the original transler or the public de poites to the present Bauk of. (he li nt tea states, and uiu carry the ineas- cts ton; rheylroshowthattnrnafertif tne nuuiic ueiHisttcs irom tne Jitancn e ot the Batik of the United States to State Banks at CliUlicothe, Cintin natti, and Louisville, in 1819, were made with the approbation of the Pre sident, and by nts authority, They show, that upon all important ques tions appcrtainuig to his Department, whether they related to the public oe- posit rs or etner matters, it was the constant practice of the Secretary of th 1 reasury to obtain lor his acts the apprjtvalau - A i .i . i - i nesc acts, ami uie principles on which thev were founded, were known to all the departments of the Govern ment, to Congress and ttie country; and, until very recently, appear nev er to have been called in question. Thus it was settled by the constitu- tforr,- thrrfaw9,itrMl tlw--whl.; practice UtelioYfjiiitient, that the entire Ex- .'d4sutaf4fteJU4wtedjtataillutJWJ 4di!i4o- tUat ovlie---rhtf ap-- who aro to aid him in the execution of the laws, with such restrictions only as the ' constitution prescribes. i vested in tne rrcMuemj tliat tne secretary oi the Treasury is one ortJidsetIncci8T tpt the custody or the public property and money is an 'executive function, which, in relation ' to the : moneys has ialwaysjjecaexercisedjjiroo Se-, crelary ot wie 1 reasury anil nis subor dinates thitt in the ' iTdrnrance 'of ttnese' dtrtrcsi he ra BttTijewte?ttper' ""1r'" : ' i & vwfon antTHTffifthfiPrntdejjtiMd in r.U important measures having rela tion to them, consults the Chiet Ma- sanction) that the law est.tblishing the Bank did not, as tt could not, change the relation between the President and the Secretary -did not release the for mer from his obligation to see the law faithfully executed, nor the latter from the Preside trolj that afterwards, and before, the Secretary did in fact consult, and ob tain the sanction of, the President, to transfers and removals of the public deposites; and that alt departments of tlie Government, and the nation itself, approved or acquiesced in these acts antt principles, asm strict CTnfortntty with our constitution and laws. - - During the last year, the approach tug termination, accor-ding to the , pro visions of its charter,' nnd the solemn decision of the American People," of the Bank of the United States, made it expedient, and its exposed abuses and corruptions, ! mad it, in my opinion, the duty of JJiejSecretary of the. Treasury, to place. the inoneys of the United States in other depositories. The Secretary did not concur in that opinion, and declined jiving the ne cessary order and direction. So glar ing were the abuses and corruptions of the Bank, so evii'cnt its fixed pur pose to persevere io them, and so pal pable its design, by its money and pow cr, t; control the- Government and change its character, that I deemedTtT jtmrwwtiy au tuority, uy me exertion in every poweritonnded to it byy theconsti tu tion and laws to check ila career, and csscn Usability to do mischief,-even in tlie painful .alternaltve f dismiss-J ing the Head ot om. of. . the Depart ments. At the time the removal was m ade tiiher cau se u !!ciea t to j usi i- lyjtiJJtiated: but 11 .they bad not, the Secretary would have been dismissed for this cause only. . , His place 1 supplied by otte whose -opinions-wr -weti kno ti n. to me anil . whose frauk. expression of :.thera, in another situation, and whose generous sacnuces ot interest and teelmg, when unexpectedly called" to'Uie station he ought lorever to have otives ' from sosnicion. and his character from reproach. In aceoTtfance" ..... ..... .... .f ... J4 ... ....... lore expresseu oj nini, ne pi:ocecneu, witn my sanction, .to make arrange ments (or depositing the moneys of the United States in other safe institu- The resolution of the Senate, as ori ginally framed, and aa passed if it re fers to thuseacts, presupposes a right in that, body to interiere with thisexcr- ciseoi executive potyer. liincprirt ciple be once admitted, It is not "tJllR cult to pet ceive where it may end, It, by a mere denunciation like this re- solufionrthe President shotutt even be induced to act, in a matter of ofTicjal duty, contrary to the honest convic tions of his own mind, in compliance with tlie wishes of the Senate, the, con stitutional independence of the ExecU' tive l)epartmentwoul4 ally destroyed t and its power aseil'ec JtualTy traiisTerTed that end had "been accomplised by n amencment of the constitution. Jiut if the Senate hare a right, to inter fere with the Executive powers, they ! have also the right to make tliat inter ference effective! and if" the assertion of the power implied iu the resolution oe fttteutiy acqutesceu in, we may rea sonably apprehend that it will be loHow ed.ataome future day, by an attempt at actual .enforcement. - The Senate mayref u se ? icepro eTtbntl itwa that lie will surrender h'19 opinions to theirs and obey their will, to, , perforin tJel&oyfii pas9--the-nctT5gsary lawsj W Sanction appropriations proposed by the House of llcpresjentatives, and to confirm pro per nominations made by tne I cest- diint. It has already been maintained (and it in not conceivable that the re solution of the Senate can be based on any ot her principle) that the Secret tary 01 tne 1 reasury , is itte ouicer m Congress, and inuepeoueiit ot tlie Pre sident; Hint the I'resident has no tight to control him, and cohsequeutly none to remove him. With the, same, pro- the iiecrutary ol Siale tliQ Secretaries of War and the Navy,, and the Post master General, each.in succession, be declared indcpcn.dentof, the Tresitlent, the subordinatea ot Lonjrcss, anl . re movable only wiiU the concurrence of thcTSenale. Followed to its ctne" quejCf,1.ihjiliipviliJ?3t found ell'ectuaMy to tlcstrtjy'oneco'ttmare IkM rtuivnt ijtif , the. Govern .men .Ll, to would be useless the. shadow ol, au thority, after tlie substauye had departed--"" . f.'.vvt: ,' :r'Xv'-'C.& The time and the occasion which havtnr alted fBr44lM ttMikiiiuu lb Senate, eem to.impose wpoo i,e an additional obligation not to puss it over ia silence. Neatly ', forty-five years had tho President eseicised,. without a tiucsrioa as to his riirhtful atilhority, those powers for the reteniflsuntptw .JUiyjjsitnJxkijfja tended our Governmentj violent par- tics, watcnlulto take advantage of any J'Xecutivc, had Uistiacled our coun sejsj .frequent removals,; or forced re signal ions, n evety sense taittatnuutvl to removals, had. been made; of he Scci-elary: ,and other ofliccrs iif the Treasury; 04idyettiiio one JtistaiK Wit kugyny' thaany 'Juan', .'.JjieJ.hvi patriot or partisan, nau raiseu im voice against it as a violutitin of the, Consti tution. Tbo expediency ! aiul justice, of such changes, in reference to tub- lic ollieers ol allcnules, have fivnuentl y been the topics - of discussion but .tlie constitutional right of the President to appoit, C4rttilT-and.-4'ejnuv elbeJl gal ot the; lreasury,r as vU as ail other Departments, seems to have, been vm yersally. coocedotl. -, AniCTwhal ii; tl4 occasion uiwn which oilier principles have been ftrd-official ty asserted! The Bunk of (he United Slates, a greit moneyed monopoly, had attcmpttid, t obtain a renewal of its charter, by cou trolling the elections ol thij People and tlie action, of the, Government., . The use 01 us corporate luntis ana power in that attempt, was. fully disclosed 1 and it was made known to thii ':jlreiir- deA that the Corporation was putting in train the same course uf measures. .1 .1 .1 wiuv.jne view 01 jnaamg aiiouier' ytgOf rous effort througlu an caterfcrence in the elections of the People, . to control public opinion and force the Govein-jtli meatnoietdtffitrteTnands.Tbis .wLth'.-it8j-c-iH:untion-;r 11s violation 01 us cnancr,- us.exciu- HiontorheUovtrnmentTDiTfnctors from its proceedinics, its neglect of duty,; Z and arrogant pretensions, made i t, t a 4ie vpi nion-of the Prei deut, in r compatible yth ; the : pu!)li5 interest. and the safety ofour institution9,rthat it should be longer eoiployetl as- the uscai agen t ol the .l reasury.. .A oe cretary , of the Treasury, appofntetl in the recess of the Senate, who had not been confirmed by, that vb'odyaiid wh9.llL.th!Ll'?illtlePt m'g', or might MtAt.kU)eJ.lttSi' JT)niein; refusctf to do what his superior in jhe Executive Dcpattment considered the most Import tive ''of ii t s 1 ui tl s, pif bis-; camein tact, tiowcverv jniiocenL, his motives, - the ; protector of the ,,Bank, And on this accasiou it is 'discovered forthe-first timejhat thosew Wfaiwpd xhf sonstitution 'Miiaiidjef'storitUn'itiat" the tirst ILongrcss and all., its succes sors have been under a delusion; that the practice of 5 near forfy-'ive vears. ia-luit acutinuc4 uampatiun itbjtihe becreury ol the 1 reasury i not re sponsible to the President and that ta reiHv him is a violation,f tlie con? stitution and laws, for which the.re sident, deserves t stand" forever dis honored on thd'ioui nuts of the Senate, There are also some other circum stances connected with the discussion and passage of the resolution tn which I feel it to be, not only my right, hut my doty, to refer. ; It appears by the journal of the -Senate, that among the twenty-six Senators who voted for the resolution on it final passage, , and whot bad supported, rtjn d el 1 a o , in ij original form, were one of the Senators two -Sros tors from New Jersey, and pne of the Senators from Ohio." It also'appears by the same journal, and by the files of the Senate, that the Legislatures of these States had "aeverally expressed their opinions in - respect to the Ex- - cu'tive proceedings drawn in question, befor the Senate. , : ' - . ' ' Hie two brandies of the Legislature of the State of Maine, on the STth of January, 1834, passed a "pr'c.mble and tteH el r tsolutton m the following t - WOrtlsr - ' rJ ' ' " ' ;-i - ' " Whereas, at esrly nor-led anen-Uie etre ' tlimof Andrew Jacktou to the tiretitk-aeT. ioa - -, tWliiiieCWitlii flic it-utiiueuis hL.cu. Imi btd nn- lormly espresstd, tbe attention of Conrrvtt Wss tallvd la the eonstiUHionalily and-vxpetliency of tne renewal ot tlie eiisrter 01 .tlie U.Minek.'liinsj And whereas, the Bank has tiansumiled in char , lered limits in the uianagement of its bitiiHrts ' Irsntattiont, and hat abandoned Ihe object of its . ration, y engaging liv imlilical euntrovoriiea y- -by wieldins; its power and iiifluenet In- tmhtir rats the adminhtintWia of the (ienvrd (iuiei n mrnt, and by bringing insolvency and dutrcws upon tbe commenml ei.mniunilv: And where- ( at, tlie publio tenu ity from tush an iniiitulitm ' eontiitt less In Its present pceuniary opacity to dnehat-ge it liabihues thun .1a'tli ndtlitr with which tlie trusts reposed in tt have been caeca- ted: Anil whereat, thealiMte and niiwiiptira lion of the powers eonterrfcd have rWrojtil the sotd4neaiif -ti.-Siib.U'itlM'fiieevt el the -Hunk, and - demoiiitr.ueirtliiit "Such ibwvrsk ilmigvr the 'stnhiiitv o( republican bittiuuionaf t ThBrefnre , -i?rArff, ;Tlmt In the remmiiloT the public di-pofiles front the ll.mk of' the L'iim 1 -ted Stntvs.ft well as hi the manner el their rue ninvul, we "rrcogiiiw in lUe silminiMiniHin i " Miitierenco tn eonitotiBni rights, ' and the -per foreisMse of pwblia doty; ;: -,f .d t jir-MPim, t iin wi? i-i3iawrr cmmnin wis tame niiinion av bcretolore cxiu-etted hv inece- dinr leWliHiires nf inlt 8tme, that the Hank it tlie iinif ed hm-o jU trat tu Ua racliunmd. 1 Hnmvett, ,Tliat tji Senators of tjiitNiate in SfdMl&iil01C lgi'M.lf?!liW:'e pn VST-r.ra.MUil. ttullie. atooiitfs ami thehNNtwal . ol the charter f Ihe I uitrU Mates ilauk. ' r - (lit the.-l -UU of-Jaauii748J4,llift. J. House of Assenibly.and Council com' posing the Ieii-islature of the State of New Jersey, passed a preainb'e and a, series of-llesoluliuos- iulli. following- "Wh'ttfeiH thtiretrnteribisln ntir Bftbils aflnii-a 1 entli fur a devilled eiprettlnnvif the voire ol the . penpte of bis Stsiet mid wherens wo eniidrr it die umkiulited riuhl of tlie Urcislalureof the ae .veral States to iuttitirtthnte alio represent iheir - tutnetn at Hie eminent ol the nation, Io ! nial tors Jiilijuatelj aoucei W- Jliut public wudv and tuny atli-ct the bappinttt or well bemj of :fK:pede.r r. 1 . 3mflp iZbtdiv J.baUvl,il e avknoa loilr wub let-linct of iltiriiiit Ei-ntniide our obli- S.ttionl to the r;rtnt Ituli r ol iKiiiunt lor hit mer. itr4ssssawfw(tvii wa4wwr lmfiww."s Shkf leuiu Iki-cikh war, from the evilt nf In trnal jBiimnioti-'iit, and the mactiiimtmns of drv tiRiiing sno ainniitnnt men who would prnttrato ' ih uur litbrie of IMit- Uiiionj that we onijlit, ne. " ftrllieltus, to liumhld ourselves ,bi I lit prasrnca ' mill inipliiea Hit aid lor the peqx-luntiimol our reiniitMaa Mxiiiuikint, ami lor a tnntirhmitcc of tliMt uimnmpled prosperity w UivU our country 1 - lt-)IvtHli r--Tbnt-we bttvettodiroinlihr-l eonVjt: as.nnaerteniovmi.u .-iz. 1 , . nnence in nie mieRi-iiy and flrmiu-st or the vene ratilet (riot who now lifiMt Ihe rlijliiifciiithi'd pntl ol Lhrf Magistrate of (hit nntlan, and wuoset' purity of pnrpmc and eh vati muiives have to k iilten reeeiteif the owqiiidiHed ajiprobkiiuu of a, ' Utt-Bfitiiorilv ot' litSl'tilli-ciliaL-iii. - - t 3. lUsolvetl.j 9'lus) fet'Vtwv- with sgllatkra and aliu-m tliecaiMriH-c of a Rix-t mimes el incoi-H niKHi, wIikIi Ilii'ualVns 10 eiuWrau tin oerw ijiHis of the-(-invurtimenC, 'aiul by meHns f Its' MuUiinuU d thntlOi)iitrpnn-ttie nrretiey-of he emintiT, to s:ithi-ilitr-M au'l rohi ilmiiigliuut Hi fcnmwmtiily ( am) idm ue, Uu ri lnie, ink-nin. . ly btliuve tlie pre tent tiank of the tJiiiteditaies oukIiI not to m reelwirtered. , ,'i Y;" , ; ?' ' . KctnKcd, I liat our Senators in Congress ' be instructed, unit Our nienihei of the House of" """ UepresentaUve he requef td to tusiiiin hy Ihrli'" vnlct and iullm-ure, ,thc aoiirso aihiptiit ly lli, Senrtflary of lbs Treasury,' Mr, Taney, in rtlu- -linn to the Omik ol' the Umled blatet and Ilia ' ., deposilrsof the liovcrnmeiit monrys, believiii(,. st ws do, lite courve of the Sccreury , la bar leeu.coi4litiilMHitl, Hr Hurt the pttbtie gnwi quIi-eiHts a-loptinn; .'-..' . fr Itvsidvetli 'iiiat Hie ftovernnr be rwpieWd to lorwurd a copy ol the above rewilniiimi lomeli of Our SeiiHlun anil Uepi-etentnlive frunt tins Stile in the fJnngreM ol (he Unhed Statra. Vi)n the 2 1st d.ly of February last, the Legislature of the same Stale; re iterated the opinions and ins' ructions before civen. by! joint resolutions: irr following worrliit; biiinj tha .Mute .Vft Jeiwtrr That they do Wbureto i-tcti retoju dons patteilliy them on the Ilth day of January Inst, relative to Ihe t'reii dentof the (Med Statefcifce lti,k of the Ui.iu-d . ' States, and theourtt of Mr. U'aucy ju reniov- iufT thetipvemmeut drpnaites. , , , ; ' uesoivru, 1 nat tne UeKitlalui-e oT Mew jersey . bat not even any reaten tw-ftepsrt from such re-' - oliiiiont aince the pMtage thereoli sod il it their " with Hurt they should receive frni wir St nature ' "V and itepresentativctol Ibis State lu tbe Cnnirets vf Ibe t-'niUid Slaws, Ihat aucatioa aniL ,ouedi-,i. rnre which are dlie lo tho ojinimn of a sovereign,- State, Openly rsprctted hi i LrgUluliva caps- -city. -- ' -' .. -, .-. ., , On the 2d of January,! 834, the Se- ' nate I and Jllouse of 1 Itepresentativca, composing the legislature of Ohio,' passml a: preambltrTmthTetolatitms iit -theTdtlo wng Ord'aiT'T"'?''"'! !';,r- .Whereas tliere' U reason) o believe that tlie Rank: fit tlie. United Stales Wilt at temut In c.ltlli. la ruuewwl of its charter at the ttretviit tc Miua pf - " viijr! -unii wnereac 11 ia tujtiniiuM; rviili-nt -- . that said Hunk bat rsercited powers derer.ttory' -ri 10 the splra ot our ire iiittilntmnt and tlnger ' outtutlielibcHirinl lliuta L'nilvd Kltusi-and . - ' lierrn thrreivjTitt reaum tn-dnobt the envii, . - , pilloiuil power ofConfrett to grant it orineor-i"" !, poratiou for Uaiiku purposes ont ol the District 4 . ot Columbia: snd wlien-at we believe the proper ilitpotxl ot the pulilie iHnds to be of lliw utmntt inipmtanec to the Pcopleof theie Lnitrd StHtea,' ; hikI that lmnor and enoil fuiib reuuiia their equi- iHtiic 11 (.11 untiiwii, I rrmtw, Hettlveit tn tht Caternl Jtmtmhlv of the State cf 0m'o, Thl we c'oniiiler the renmval of the nulilte ilepotitei trnm tlie liHhk ol Ihe VniU-il Statu as required by Hie belt inlereitt of our coantry, and thnt a proper sente of publie duty' impeiiuiialy demanded , that thnt institution Miouii) be no longer utfad at a dcnontory of the pulilie fiilids. ' ;'.'. " , Ketolveil, altn. That we view, with deenlcil tlittpprobat ion, the renewed attew pit In Cong-ets ' to secure the patMReoJ the uul providing tur Ibe ill'po;il ef the puUie dmnin upon Hie prinr.w plet propoted by Mr. CIcy, inmtnnch at we be-' llev that much a law ivould lo nntrjutil iuiticpe, rations, and tinjutt.ia its results, . , ItesntVcd,' alto, 1'bat -'w beat til v o;.rove ol 1 tbe ariiieipli-s trt forth in the lnw vttn uieuojo' itp'Mi llitl tulieet. and, ' " . I .Uesnlvrd, Tl.t our Senators in Congress bo. in'tlrowtedy ami our Itepi-cucntalives r i'it-td to ine their Hdluenee to prevent the rfcJ.iuterine of hltetJank'trt'lbB Ur.itcd Sturet; -to vnvtaiav thv - -. :,- . --.4.-
The North-Carolina Star (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 8, 1834, edition 1
1
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