Abridgment of the Debates of Congress, from 1789 to 1856.

DEBATES OF CONGRESS. 231 JANUARY, 1834.] Removal of the Deposits. [SENATE. being an act authorized by a law of Congress instruct and enlighten the people as to what to be done, and it having been done as author- was done under it. ized by the law, I had supposed the reasons But, sir, do not let it be supposed that I conassigned for doing it might have received a cede that there was any thing illegal in the fair consideration. But, sir, what have we removal of the former Secretary. I shall have heard? A fearful array of alarm and danger, occasion to consider that question in the course as if the removal of a few millions of unexpended of my remarks. The plain and principal objecmoneys in your treasury would destroy a cornm- tion contained in the resolutions before the mercial and banking capital of hundreds of Senate is, "that the President has assumed the millions, annihilate the credit, and involve all exercise of a power over the treasury of the the wealth and industry of the country in one United States not granted to him by the concommon ruin. stitution and laws, and dangerous to the liberBut, as if this were not enough, we are alarmed ties of the people." with resolutions alleging assumptions of arbitrary This is founded, sir, upon the supposition power; with proclamations that our institutions that there must have been a violation of the were prostrated, the "constitution gone," and law-I mean enacted law. The charge is ata revolution consummated. And, in addition to tempted to be maintained by calling to mind all this, we are to be intimidated by names, and the organization of the Treasury Department. epithets, and terms of reproach for the sacrifice It is said that the treasury is organized upon a of individual character, and honor, and fame. different principle from the rest of the departWe are taunted with violations of the consti- ments. In what consists the difference? In tution and of law, and of official trust; and name? A difference of name is to alter the with epithets, charging dishonesty, falsehood, power given by the constitution to the Execuconcealment, and the assumption of ungranted tive! But even this position, based upon a and arbitrary power, as if tyranny and monarchy difference of name, is untenable. In the next were the designed objects of him whom the peo- act passed by Congress, the treasury was called ple have so recently elected to be the preserver an executive department; and, among other and guardian of their liberties. officers of this executive department, was speciSir, the question returns, were the deposits fled the Secretary of the Treasury. legally and constitutionally removed? The Senator from New Jersey not only quesThe proof of the power to remove is found in tioned the right of the Secretary to remove the the charter and law, which provide that the deposits, but his power to place them elsewhere. moneys shall be deposited in the bank, " unless He says that all the Secretary's power is derived the Secretary of the Treasury shall at any time from the act of 1789, and that his power has otherwise direct." We have also the statement not been " enlarged or contracted since." of the Secretary that he has otherwise directed, Sir, there has been a different grant of power in pursuance of that law, and for reasons which — a grant which has invested the Secretary he deemed satisfactory-the President's reasons, with a discretionary power. Strong as this read to the cabinet the 18th September, giving assertion may appear, sir, it is a true one. It to the people the reasons which induced him has pleased the Legislature to invest the Secresome months before to urge upon the depart- tary with a discretionary power. I do not mean ment that step, and those reasons given with to enter into the consideration of the propriety plainness, and openness, and candor, sufficient of it. I take the laws as they are; and if there to entitle them to respectful and fair considera- be blame anywhere, let it attach where it betion. The result is, that the removal was longs, and not to the Secretary, that such dismade by the officer appointed by the law; that cretionary power exists. I have alleged, sir, an he did so in accordance with an act of Congress alteration in the law relative to the power of providing for it, and agreeably to the charter the Secretary; now for the issue. I find, in of the bank authorizing it; that the reasons an act making alterations in the Treasury and are given as the law provides they should War Departments, these words: be; and, finally, that all this was done with "An act making alterations in the Treasury and the approbation of the President, and for the War Departments." Approved May 8, 1792. best interests of the country, as they judged; Extract from the 6th section: "SEc. 6. And be and the reasons of their judgment are open to itfurther enacted, That the Secretary of the Treasthe people and to Congress to judge of their ury shall superintend the collection of the duties on sufficiency. imports and tonnage as he shall judge best." But, sir, the Senator who last spoke on this This act refers to him, and recognizes him as question complained of the President for giving the head of the department. It gives him, also, his reasons to the people, on the ground that a discretionary and superintending power. It such a procedure opened a new channel of tells him that he is to superintend the collection communication unknown to and unrecognized of the revenue,'" as he shall judge best." Sir, by the constitution. Why, sir, I did not know what is comprehended in the term " superinthat our constitution had closed all commu- tending" the collection of the revenue? We nication between the President and the people all know that it is to collect debts-to take who elect him. I thought it was but a follow- possession of moneys; and surely we must ing out the principles of our constitution to keep those moneys when we have taken pos

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 231
Publication: New York, [etc.]: D. Appleton and company [etc.]; 1857-61.
Subject terms: United States -- Politics and government

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Abridgment of the Debates of Congress, from 1789 to 1856.

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