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

DEBATES OF CONGRESS. 423 FEBRUARY, 1834.] Removal of the Deposits. [H. OF R. withdrawn; and even the Comptroller, whose the law pertaining to his office. To which duties have lately, too, been questioned, was branch of the Government, then, does he left, as all other officers of his department belong? All legislative power is vested in were left, responsible to the Executive. And Congress. The judicial power of the United then, too, Mr. Madison combated this horrible States is vested in " one Supreme Court, and idea of combining the sword and the purse, in such inferior courts as Congress may, from which is now so much harped upon as a new tine to time, ordain and establish." And the idea of new-light politicians. Sir, I have executive power is vested in a President of always noticed that when any great discovery the United States of America. If he is, then, has been made by modern politicians about merely an officer to execute law, is it not clear our civil polity, it could easily be traced to the that he must be, no matter what the law may great masters who founded our system of say, an executive officer? We are told not, government. This bright idea was perfectly by the gentleman from Pennsylvania, (Mr. familiar to them in discussion, and exploded by BINNEY.) He says that it does not necessarily their decision. Mr. Madison ridiculed the ob- follow that an officer merely to execute law jection. Why draw these distinctions in words, must be an executive officer; that there are between the purse and the sword, when no three departments of the Government, but separation of them in fact can possibly exist? there are executive acts to be performed under If the time should ever come when despots are the control of each department, legislative, to reign, make your Treasurer independent of executive, and judicial. Sir, I admit his propCaesar, and give him nothing but a key and osition, and put it to his candor to say, whether iron chest to defend the public moneys, and such executive acts, to be performed under the you would see, sure enough, how soon he control of the legislative and judicial departwould share the fate of Metellus. The idea is ments, are not exceptions made by the conridiculous, that you should give only a key to stitution itself. The clerks of this House and one officer to protect the treasury from another of the Senate, and their other officers, for officer to whom you have given the sword. instance, have executive acts to perform; but Shall we give the Treasurer a sword, too-a does not the constitution expressly provide that body guard, a money guard, at his sole com- each House shall choose its own officers? The mand? Then he may become the tyrant, for clerks of the United States courts have execuhe has both sword and purse! Thus did tive acts to perform; but does not the conMontpelier's sage ridicule this mode of pro- stitution expressly provide that "Congress tecting civil liberty and the public treasure; may, by law, vest the appointment of such at a time, too, when he was not "in the inferior officers as they think proper in the decrepitude of his faculties." Heavens! if the President alone, in the courts of law, or in the venerable form of that great man could now heads of departments? " All the officers menrise on this floor, there are those who, by tioned by the gentleman, who have executive their vehemence alone, are called the lions of acts to perform independent of the Executive, this House, would shrink before the gaze of are created by the constitution itself indehis "lack-lustre eye," and dwindle into pig- pendent of the Executive; and I put it to the mies before the giant strength of his faculties, judgment of this House, though I am conscious even in their decrepitude. Party violence of contending against mighty odds, whether would be humbled before the dignity of his the Secretary of the Treasury is either an mien; dogmatism and bold assertion would officer of this House or of the Senate; or, falter before his knowledge; declamation would whether he "is such an inferior officer," as hush in the presence of wisdom and phi- those within the purview of the constitution? losophy; truth would shine forth brightly from If so, why was his appointment not vested, by the still burning fires of his intellect; lawless law, in the President alone, in the courts of ambition would cower before virtuous patriot- law, or in the heads of departments? He is ism; and nullification-poor nullification, tremn- himself the head of a department: not of bling under the cloak of his name-would an executive department, says the gentleman. flee away, stripped naked and exposed by I defy him to point out to me any other the great author and finisher of the faith of than executive departments named in the conState rights, and the greatest benefactor of stitution. the country in the cause of constitutional free- The true question here is, then, not whether dom. the law has made the Treasury Department indeBut, Mr. Speaker, it is not statesman-like, pendent of the Executive, but whether the law and it is altogether fallacious, to argue this could, if it so intended, make it independent point from the law; it should be argued from of the Executive? Sir, the rule is as it was the constitution. And I lay down this broad laid down in the debate of 1789: " that every proposition, that we must ascertain the descrip- power recognized by the constitution must tion of the responsibility of the Secretary of the remain where it was placed by that instruTreasury, and of every other officer, from the ment." A late case decided by Judge Marshall nature of the duties which he has to perform. confirms this rule. I mean the case exparte Has he judicial functions? No. Has he legis- Randolph. lative powers? No. He has merely to execute [Here the extract was read.]

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 423
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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