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

DEBATES OF CONGRESS. 315 APRIL, 1834.] President's Protest. [SENATE. is found, that from its first organization, the Secre- Might he not be told, that it was for the sole purtary of the Treasury, acting under the supervision pose of causing all executive officers, from the of the President, designated the places in which the highest to the lowest, faithfully to perform the seipublic moneys should be kept, and specially directed vices required of them by law-that the people of all transfers from place to place. This practice was the United States have made him their Chief Magiscontinued, with the silent acquiescence of Congress, trate, and the constitution has clothed him with the from 1789 down to 1816; and although many banks entire executive power of this Government? The were selected and discharged, and although a por- principles implied in these questions appear too tion of the moneys was first placed in the State plain to need elucidation. banks, and then in the former Bank of the United But here, also, we have a contemporaneous conStates, and upon the dissolution of that, was again struction of the act, which shows that it was not transferred to the State banks, no legislation was understood as in any way changing the relations thought necessary by Congress, and all the opera- between the President and Secretary of the Treasutions were originated and perfected by executive ry, or as placing the latter out of Executive control, authority. The Secretary of the Treasury, respon- even in relation to the deposits of the public sible to the President, and with his approbation, money. [Nor on this point are we left to any made contracts and arrangements in relation to the equivocal testimony. The documents of the Treaswhole subject-matter, which was thus entirely com- ury Department show that the Secretary of the mitted to the direction of the President, under his Treasury did apply to the President, and obtained responsibilities to the American people, and to those his approbation and sanction to the original transwho were authorized to impeach and punish him for fer of the public deposits to the present Bank of any breach of this important trust. the United States, and did carry the measure into The act of 1816, establishing the Bank of the effect in obedience to his decision. They also show United States, directed the deposits of public that transfers of the public deposits from the money to be made in that bank and its branches, branches of the Bank of the United States to State in places in which the said bank and branches banks, at Chillicothe, Cincinnati, and Louisville, in thereof may be established, "unless the Secretary 1819, were made with the approbation of the Presiof the Treasury should otherwise order and direct," dent, and by his authority. They show, that upon in which event, he was required to give his reasons all important questions appertaining to his departto Congress. This was but a continuation of his ment, whether they related to the public deposits pre-existing powers as the head of an executive or other matters, it was the constant practice of the department, to direct where the deposits should Secretary of the Treasury to obtain for his acts the be made, with the superadded obligation of giving approval and sanction of the President. These acts, his reasons to Congress for making them elsewhere and the principles on which they were founded, than in the Bank of the United States and its were known to all the departments of the Governbranches. It is not to be considered that this pro- ment, to Congress, and the country; and, until vision in any degree altered the relation between very recently, appear never to have been called in the Secretary of the Treasury and the President, as question. the responsible head of the executive department, Thus was it settled by the constitution, the laws, or released the latter from his constitutional obli- and the whole practice of the Government, that the gation to "take care that the laws be faithfully ex- entire executive power is vested in the President ecuted." On the contrary, it increased his respon- of the United States; that, as incident to that sibilities, by adding another to the long list of laws power, the right of appointing and removing which it was his duty to carry into effect. those officers who are to aid him in the execution It would be an extraordinary result, if, because of the laws, with such restrictions only as the conthe person charged by law with a public duty is one stitution prescribes, is vested in the President; of the Secretaries, it were less the duty of the that the Secretary of the Treasury is one of those President to see that law faithfully executed than officers; that the custody of the public property other laws enjoining duties upon subordinate officers and money is an executive function, which, in relaor private citizens. If there be any difference, it tion to the money, has always been exercised would seem that the obligation is the stronger in through the Secretary of the Treasury and his relation to the former, because the neglect is in his subordinates; that in the performance of these presence and the remedy at hand. duties, he is subject to the supervision and control It cannot be doubted that it was the legal duty of the President, and in all important measures of the Secretary of the Treasury to order and direct having relation to them consults the Chief Magisthe deposits of the public money to be made else- trate, and obtains his approval and sanction; that where than in the Bank of the United States, when- the law establishing the bank did not, as it could ever sufficient reasons existed for making the change. not, change the relation between the President and If, in such a case, he neglected or refused to act, the Secretary —did not release the former from his he would neglect or refuse to execute the law. obligation to see the law faithfully executed, nor What would then be the sworn duty of the Presi- the latter from the President's supervision and condent? Could he say that the constitution did not trol; that afterwards, and before, the Secretary bind him to see the law faithfully executed, because did in fact consult and obtain the sanction of the it was one of his Secretaries, and not himself, upon President, to transfers and removals of the public whom the service was specially imposed? Might deposits; and that all departments of the Governhe not be asked whether there was any such limita- ment, and the nation itself, approved or acquiesced tion to his obligations prescribed in the constitu- in these acts and principles, as in strict conformity tion?-whether he is not equally bound to take care with our constitution and laws. that the laws be faithfully executed, whether they During the last year, the approaching terminaimpose duties on the highest officer of State, or the tion, according to the provisions of its charter, and lowest subordinate in any of the departments? the solemn decision of the American people, of the