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

DEBATES OF CONGRESS. 249 JANUARY, 1834.] Removal of the Deposits. [SENATE. vision; and as it is a power relating to a sub- box; or a strong vault, in which the money of ject-matter which is placed under the control the nation is garnered up, and kept under the and protection of Congress, we would be led custody of the treasurer. But this is not true a priori to conclude that Congress would be the in practice or in fact. We have no such strong supervisory power over his acts; and so, in- box or vault. It therefore is what Congress deed, it is. Our whole system of legislation is has seen fit to make it; and here I beg leave to perfect and consistent; from the constitution say, that the definition of it given by the Sendown to the latest law passed upon the subject, ator from Virginia, (Mir. RIvEs,) coincides very all suppose the power of the finances insepara- nearly with my own conception of the thing. bly vested in Congress, and severed by an im- It is the state and condition of the public funds passable barrier from executive control: but as fixed by law, and it involves custody, either that legislation has been set at defiance; the with or without locality. Well, the funds of constitutional provisions have been disregarded; the United States were, pursuant to law, colthe barriers raised by its framers for the pro- lected and deposited in the Bank of the United tection of popular liberty have been broken States. Now I ask the honorable Senator from down; and the public treasure is poured into Virginia, if, according to his own definition, the the coffers of the Executive. The Secretary of state and condition of their funds in this bank, the Treasury, himself, in the reasons which he inasmuch as it was that condition provided by renders to Congress for the removal of the public law-I ask him, sir, if this does not come full up deposits, admits that the place of safe keeping for to his conception of the treasury; and if the the national funds is a matter properly of leg- withdrawal of those funds from that prescribed islative determination; and he seems to won- condition, without law, be not a withdrawal der that Congress ever placed it under the care from the treasury? of the Executive. Sir, the public funds were We have then, sir, settled upon a determinate never placed under the control of the Execu- notion as to what the treasury is; and I think tive, constitutionally or legally. The control niyself safe in the conclusion that the Bank of which he has exercised over them is without the United States, so far forth as it contained law, or, rather, in defiance of law; and all the public funds, placed in it by command of law, authority which the Secretary is disposed to and of which the law has not authorized the yield to the President over his official acts is so removal, is that treasury. I will now inquire far an abandonment, on his part, of the trust by what authority the money of the United reposed in him by law. States was removed from that custody, and By the act establishing the Treasury Depart- placed in other hands. ment, to which I have already referred, the I have shown that the act of removal does Secretary of the Treasury is required " to su- not pertain to the collection of the revenue; perintend the collection of the revenue;'! by and care should be taken, if we wish to arrive which is to be understood all such acts as are at a true result, that the duties of collection, necessary to be performed before placing the and the removal from the legal custody, of money in the public treasury. When placed funds already collected, should not be conthere the collection of it has ceased, and the founded. superintendence over that collection, given to The ninth section of the first article of the the Secretary, ceases to confer on him any constitution ordains, "that no money shall be power over it; all that he may possess further drawn from the treasury but in consequence must be derived from some other provision or of appropriations made by law." The law deprinciple of law. But, under this provision, fining the duty of the Secretary of the Treasmost of those acts of other Secretaries, which ury reiterates the same provision. Unless, have been adduced here as precedents, have therefore, some clause in the law incorporating been performed, and rightfully performed. As, the bank gives him the power claimed over the for example: Alexander Hamilton, when Sec- public funds, he has it not. The fifteenth secretary of the Treasury, directed the collector tion of the bank charter is that under which I of the port of Charleston to pay over the public understand the power is claimed. It provides money as he collected it, and to deposit the "that, during the continuance of this act, and public bonds with an individual, (Mr. Haber- whenever required by the Secretary of the sham.) But it will be perceived, at once, that Treasury, the corporation shall give the necesthis was a part of the act of collecting, and sary facilities for transferring the public funds bringing the public money into the treasury, from place to place, within the United States and under the control of the treasurer; and this or the territories thereof, and for distributing course must have been taken; the money must the same in payment of the public creditor." have been paid to an agent of the department, This is the clause supposed to vest in the Secfor application or transmission; or it must have retary of the Treasury this power. remained in the hands of the collector until it Mr. President, the power of removal from should be drawn for, or be transmitted by office as a constitutional, contradistinguished him, and paid over to the treasury. And here, from a legal power, has been asserted in this sir, arises the much disputed question, what is debate to exist in the Executive; and it has the treasury of the United States? The most been pressed with an energy and emphasis simple idea of it would be, that it were a strong which is not easily accounted for by any bear

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 249
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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