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

486 ABRIDGMENT OF THE H. OF R.]) Custody of the Public M[oneys-Mr. Wise's Resolutions. [JuNE, 1834. or Kings of other Governments, can be prece- to give to Congress, for example, only those dent or example for the exercise of similar or powers which have " always been considered " the same powers by the Executive or President legislative in their nature, it would take away a of this Government, except by one mode of power expressly granted to Congress-the construction, which is subversive of our consti- power of declaring war; because it is in its tution. The section of the constitution referred nature an executive power, and is so considered to must be received by the writer of the protest by all writers on the nature of the powers of as conferring all powers which are inherently other Governments. The truth is, that, upon in their nature executive, according to the examination, it will be found there are several standard writers on the nature of the powers powers always considered executive in their of Government. And, in order to obtain for nature, given by the constitution to Congress; the executive branch of this Government all but not one can be found which was ever consuch powers, all that this school of construction sidered legislative in its nature which the conhave to do is to look to Mlontesquieu, or some stitution has given to the President. And the other writer on the powers of European Gov- reason is, because the chief point of difference ernments, for a power in its nature executive; between this Government and all others is, that or, to use the language of the protest, for a its very object is to limit, and check, and conpower which " has always been considered an trol executive power. But again: if the 1st appropriate function of the Executive depart- section of the 2d article confers any power at ment in this and all other Governments! " all, so does the 1st section of the 1st article; and Now, sir, I doubt, but I shall not stop to dis- if the 1st section of the 1st article confers any cuss, whether the power of " keeping the public power at all, it expressly vests " all legislative money " can be found in Montesquieu, (who, I power therein granted in Congress;' and it am informed, is the first writer that divided the would be entirely irreconcilable with two subsepowers of Government into legislative, execu- quent sections, which require the consent of the tive, and judicial,) or any other author, to be President to the passage of any law, joint order, in its nature an executive power. But admit resolution, or vote; it would go to strip the that it is so, and has always been so considered President himself of one of his most darling by all writers, still, I contend, in the first place, attributes of executive power —the power of the that this section of the constitution confers no veto. power whatever, executive or not; and, in the Whether the custody of the public money be second place, that the constitution does confer " an appropriate function of the Executive dethis power of keeping the public moneys, no partment" or not, then the question is, has the matter how it had been before considered, ex- constitution given that power to the President? pressly upon the Congress of the United States. And if it is not conferred by the 1st section of The first three sections of articles 1st, 2d, and the 2d article, which confers no power what3d, were intended merely to divide the Govern- ever, by what other letter or clause of the conment into three branches; to say- stitution, I ask, is this power given to the 1st. There shall be a Congress of the United Executive department? The appointing power, States, to consist of a Senate and House of and none other, can be relied on. The protest Representatives. says that " no officer can be created by Congress, 2d. There shall be a President of the United for the purpose of taking charge " of the public States of America. money, " whose appointment would not, by the 3d. There shall be one Supreme Court, and constitution, at once devolve on the President, such inferior courts as the Congress may from and who would not be responsible to him for time to time ordain and establish. the faithful performance of his duties." In And the constitution then proceeds to specify other words, the President has not immediately the powers given to Congress, which are de- the custody of the public money; but, if the nominated " legislative;" the powers given to law creates an officer to keep it, the President, the President, which are denominated "execu- by the incidental right of appointment, has the tive; " and the powers given to the courts, which power, under the constitution, of keeping the are denominated "judicial." It does not pre- officer who keeps the money! Such is the idea tend or attempt to define what either legisla- of this power, as an incident to appointment. tive, executive, or judicial powers are, accord- But section 2d, article 2d, of the constitution, ing to their inherent nature; but by its own says: "The President shall nominate, and, by power of forming a new Government, arbitrary and with the advice and consent of the Senate, in terms, without reference to what had been shall appoint ambassadors, or public ministers considered by writers to be the nature of the and consuls, judges of the Supreme Court, and respective powers, it gives certain powers to all other officers of the United States, whose Congress, which it makes legislative; certain appointments are not herein otherwise provided powers to the President, which it makes execu- for, and which shall be established by law." tive; and certain powers to the courts, which it Now, sir, if this clause had rested here even, makes judicial. Our Government is entirely still many difficult questions would have to be "sui generis," and its powers must be defined all decided in favor of the President's construcby the constitution alone, without foreign aid or tion, before it could be received as politically help. If the constitution be so interpreted as orthodox: as that, though the President alone

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 486
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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