Western Sun & General Advertiser, Volume 25, Number 12, Vincennes, Knox County, 12 April 1834 — Page 1
V
i by el: STOUTJ
Sjie SHcfitcrn Sim J IS published at $2 50 cents, for f2 numbers; which may be discharged by the payment of $2 at the time of subscribing. Payment in advance being the mutual interest of both parties, that mode is solicited. , A failure to notify a wish to discontinue at the expiration of the time subscribed for will be considered a new engagement; and no subscriber at liberty to discontinue, until all arrearages are paid. Subscribers must pay the postage on their pa
pcrs when sent by mail. Letters by mail
i r i: t : . i :.
io me Lu nor on
things performed the stipulations of the ! established by law
charter.
But the
Congress
a that the deposites of the moneys of "the section, it was stipulated by Conr i United States, in places in which the said t behalf of the United States, wi
ress. i
may uy ia. vesi uie a luuimmeni oi such umieu oiaics. in maces in which th snni nenaii oi the i'mtn.1 Sfntna .i
The Secretary of the Treasury, in his ; inferior officers as thev think DroDor. in : Bank and branches thereof mav hi. pt(i. ! stork Imldp rf iHp H.inL- .k
n: ,u.. .l u i. u'.- t.i.T i .... t , .... . . . V . "
ituti, auiiius nidi iuu uaim courier conferred upon him no new power or control over the public deposites, but was a reser
vation of a power previously possessed bv i States, assembled in their several sover-
him, and one which had been exercised eignties, was the entire Executive power.
oy the head ot the ireasury department j including Ihe power of appointment, and from the origin of the? government, and ! consequently of removal, taken away
that none of the 'chartered rights'1 of the i from Congress and vested in the President.
order and direct; in which case, the Secre-1 ceivable in all payments to the United tary of the Treasury shall immediately J States , unless otherwise directed bv Con-
lay peiorc ongress, it in session, and it grcss.1 It was important for the Bank,
Bank have been violated 6y the act com
plained of.
The ground should be well examined
before it is conceeded that a power which
business must be paid, or partmentj and h alwdya becn exercised attendee to. under the responsibility of the Secretarv.
corporation,
j The ultimate supervision and control of j der and direction
not, immediately after the commencement of the next session, the reason of such or-
the ofiicers of the "civil Executive De partments1' was taken from Congress and vested in the President of the United
Produce will be received at the cash has becn transferrcd t0
market price, for subscriptions, if deliv
crcd within the .year. Advertisements not exceeding one square, will be inserted three times for one dollar, and twenty five cents for each after insertion longer ones in the same nronortion. ftt-Persons sending adver
tisements, must snecitV the number of
which claims to be irresponsible to the
government and people ot the United
States, except for a palpable violation of its charter.
To arrive at a clear understanding of
the power of the Secretary to designate and direct the place of deposite of the public moneys, it is necessary to trace it
.i t .1 : .J Ml "
times mey wisriinem uriuu,iriau " from it3 ori,rin; to show by whom and
oc comiiiueu uimi uiucicu uui, auu how it w'as exercised, prior to the estab
i
be paid for accordingly.
OF AGENTS.
John Murphy, Washington, Ind. John Vantrees, do do. John Arbuthnot, Princeton, Ind. John I. Neely, do. Thomas Cissell, Mount Pleasant, Ind. Post-Master, Owl Prairie, lud. Post-Master, Bloomfield, Ind. Post-Master, Sandersvillc, Ind. Post-Master, Owensville, Ind.
Post-Master, Stinkard's Mills, Ind.
lishmentof the Bank of the United States:
and how far it has been regulated, modified, or transferred, by the charter of that
nstitution. 1 he Continental Congress of
the Revolution, as far as it possessed anv
attributes of government, united in itself
the powers of every department. In man
aging the concerns intrusted to its guardianship, it acted as much in an execu
tive as a legislative capacity. The first
germ of thy Treasury department of the
united atates is found m a resolution of
that body, as early as the 29th of July,
Jesse Y. W .thorn, Mount ernon, Ind. X t'T "n1 v i t "Resolved, That Michael Iiilligas John V. Davis, Carlisle, Ind. George CIvmcr be ioiul Treasured o
Isaac Ong, Merom, Ind.
Post-Master, Turman's Creek, Ind. John C. Ituiley, Lawrenceville, III. Post-Master, Palestine, III. Post-Master, Boonville, Ind. Post-Master, Rock port, Ind. Lewis Gex,r. M.New-Harmony, Ind.
REPORT OF THE COMMITTEE OF
WAYS AND MEANS. HOUSE OF REPRESENTATIVES. March 4 9 1831.
Mr. Polk from the Committee of Ways
and Means, made the following report:
The Committee of Ways and Means
have had under consideration the Letter
and
loiut 1 reasurers of ihe
United Colonies; that Uie Treasurers re-
sSthat they shall
give bond with security for the faithful
pertormanco of their office, in the sum of
one hundred thousand dollars.1' &,c.
In their hands were placed ail the funds
of Congress. They wore directly responsible to Congress, settled their accounts
with that body, and held their utBces at its
will.
In -various other resolutions and oidi-
nances subsequently passed, we trace the process by which the Continental Con-
gres gradually vested a portion of its Ex
ecutive powers in subordinate agents ap
pointed by its vote, anikremovablc by its
will. It began withambintini: Treasur-
1 1 tvrrTrk
This section grants no new power to the Secretary of the Treasury. On the contrary, as far as it operates at all. it is a
States; and to enable him to exercise it reservation of the power which before exwith the more effect, he was, by the con- isted. The Secretary, therefore, does not stitution itself, clothed with authority to derive his power over the subject from this "require the opinion in writing of the act. principal officers in each of the Executive Being a reservation, and not a grant of Departments, upon any subject relating to power, the Secretary of the Treasury rethe duties of their respective offices? tains all the powers over the public monTo the President, therefore, was transfer- eys he before possessed, except so far as red, by the new constitution, that pOer they may be modified or taken away by of appointment and removal, and ultirkate the Bank charter. The power of transsupervision over all Executive Depart- fer not being alluded to in the sectiou, is ments of the government, which had be- not restricted by it, and of course is posfore belonged to Congress. sessed by the Secretary of the Treasury The change in the form of government to the same extent as before, effected by the new constitution, made it Accordingly, transfers have constantly necessary to recognise "the civil Execu- been made, since the Bank charter was tive departments,1' which existed under granted, as before, not only from one office the Confederation. At the first session of of the Bank to another but from that
the new Congress, therefore, an act was Bank and its offices to State Banks. Herepassed entitled "An act to establish the to annexed is a list of numerous transfers Treasury Department." The first sec- from the Bank of the United States to tion of that act provides "That there shall State Banks, taken from a report of Mr. be a Department of Treasury, in which Secretary Crawford to the House of Repshall be the following ofiicers, namely: a resentatives, dated February 7th, 1S23. Secretarv of the Treasury, to be deemed The error upon this point consists in head of the Department; it Comptroller, considering the provision in the Bank an Auditor, a Treasurer, a Register, and charter a grant of power, instead of the an Asssistant to the Secretary of the reservation of a power previously existTicasurv, which Assistant shall be ap- ing. Not finding te power of transfer jointed by the said Sefrctary." granted, it has been denied that it exists, The duties assigned tolhe Secretary of w hen, in fact, the silence of the section 'he Treasury, are, incgrcat measure, leaves it as it was before, identical with thoc assigned by the old The effect ot the 10th section of the Congress to the Superintendent of Fi- Bank charter is, to take from Congress ennance. tirelv the power to control the public deThe offices of Comptroller. Treasurer, posites, w hich that body before possessed.
' 'IV ...... '
ers over wnom u cxerciseu a direct su-
of the Secretary of the Treasury ot the perintendence. It next vested the super Sdof December last, communicating to intending power over that and other offices
Congress his reasons for ordering the 0f tnc Treasury, in a standing committee
public deposites to ue removed irom Qt its own body. JNcxt, it was vested in
the Uank ot the United states; lite me- commissioners, a part of whom were
monal ot the President and uireciors members of Congress, and a part not memof the Bank vf the United States, com- hers. Finally, bv creatine "Civil Exec-
plaining that the "chartered. rights of Utive Departments of the treasury. War,
the stoclc holders" nave Dcen vioiaieu, ann Marino, it separated the supenntendand asking redress; the memorial of ing power over the Treasurer and other
that portion ot the Directors ot the liank subordinate ofiicers. of the Treasury,
appointed by the United States, making whoIIy from its own bodv, reserving the
certain charges of misconduct against right of removal: and in case of necessi-
the Bank; and also sundry other me- ty, controlling the whole system. The
monais and resoiuuon3iromoineruanKs Dnncilio on which the deoartment was
i i i organised, was in no degree changed by
afterwards instituting a "Board of Treas
ury,1' for the "Superintendent of Fi-
and citizens in relation thereto; which
have been referred to them by the
House, and have agreed to the follow-
ing report:
The Secretary of the Treasury, in his
nance."
It will be observed in the first instance,
letter of the '3d December last, informs the power to direct the Treasurers, in re
Congress that, uin pursuance of tho pow- lation to the place where they should keep cr reserved to him by the act to incorpor- the public money, as well as every other ate the subscribers to the Bank of the U. portion of their duties, was vested in Con-
Jbtates, he had directed that the depos gress. This power was atterwards vest-
Ucs ot the money ot tho United btates ed, exclusively, in the Committee on the
ehall not bo made in the said Bank, or Treasury, the Commissioners of the
branches thereof, but in certain state banks Treasury, the Superintendent of Finance,
which had been designated for that pur- and the Board of Treasury. The power pose;1 and he proceeds to lay before Con- was expressly conferred, on the "Supcr-
gress the reasons which induced him to intendent on Finance,1' and "Board of
give such order and direction. Treasury to superintend and control the The Bank, in its memorial, draws in settlement of all public accounts, and to
question the power ot the Secretary to is "direct and control all jrsons employed
sue such order, and also tho sufficiency m procuring supplies for the public scr-
ot his reasons tor the act. r;,v. tlnd m the expenditure ot vublicmo-
I - - - ' A mr nt.? and the ordinance expressly pro-
. i 1. 1 . I- 1 ' l - - . I I . . . r. . Ill
parent mai uie oauiv claims me cusioay viues, that a t reasurer, ccc. shall be apand use of the public deposites as a "char- pointed "in aid of the Superintendent ot
tered right,1' and, in case of a removal for Finance.11 The Superintendent, therefore, j reasons which the President and Directors had aright to direct him in all things, in Jd may not deem sufficient, asserts the pre- subordination to the resolutions and ordi-
making the bank a party m nances of Congress, which was the head
the transaction. of the Executive Department.
They assume that the "chartered rights At the time the present constitution was
of the stock holders11 have becn "violated,11 adopted, the Treasury Department was
and demand "redress11 as an act of justice, managed by the "Board ot Treasury, 1
It is the opinion ot the committee, that consisting ot three Commissioners, aided
the question as to the power of the Sec- by a Comptroller, a Treasurer, a Register,
retary ot the I reasury, and the suthcion- Auditors, and a competent number of t!v or insufficiency of the reasons for Clerks. The Board had p5TTt?to direct
in order to obtain general credit and circulation for its notes, that they should bo received in payment of the public dues. The charter provides that they shall bo receivable in all payments to the United States, but upon the express condition that Congress reserves to itself the right to provide by law that its notes shall not be received in payment of the public revenue. This was a power reserved to Congress, to which the Bank agreed ; as was the power reserved to the Secretarv to remove the deposie, to which the Bank in like manner agreed. Now it will not be maintained by any one, that Congress may not at pleasure, without any violation of the charter, or any infringement of the contract with the Bank, by law refuse to receive the notes of the Bank in the payment of the public dues. If the Secretary of the Treasury, with out an act of Congress, should attempt to prohibit the receipt of the notes of the
Bank in payment to the United States, ho would usurp a power, which belongs to the legislative authority ; and in like manner, if Congress, without the previous or
der and direction of the Secretary of iho
1 reasury, were to attempt to cause tho public deposites to be removed from tho Bank, they would usurp a power which does not belong to them. The Bank would have the same causo to complain, if the Executive refused to receive its notes in payment of public dues without the authority of an act of Congress, as it would have if Congress were to remove the deposites, without tho previous order and direction of the Secretary of the Treasury, and no more. The power reserved to Congress todis-
e offices of Comptroller, Treasurer, posites, wfneh that bodv before possessed, continue the receipt of the notes ot thn
and Register of the Treasury Doart- It provides that the denosites of the mon- Bank, in "payment to the United States'
- - r i I - - - , ' i. - merit, under the confederation, were train- eys of the United States, without reserv- s absolute and unqualified. Iu like man-
ed under the new system, with similar du- ing to the Legislative authority any pow- ner, the power of the Secretary of th
ties attached to them. Ihn vrrv an- er to order their removal, with reason or II reasurv. tor reasons which he is reauir-
j?uage of die old ordinances in relation to without reason. ed to report to Congress, to employ other
the leading duties of the Treasurer, is Whether the Congress of 181G acted depositories of the public money, is cqualcopiod into the act of Congress of 1730, wisely in thus divesting themselves of all ly absolute and unqualified. Neither con-
establishinu the Treasur v Deoartment. control over the nlaces of nublic deoosites cress nor the Secretary are reauired to
viz: "it shall be the duty of the Treasur- oi the public moneys, for the long period give any reasons to the B ink and if
er to receive and keep the moneys of the of twenty years, is a question which it is Congress were, for reasons satisfactory to
United btates, and disburse the same up- unnecessary to determine. It is certain themselves, to pass a law, declaring that on warrants. &e. thev did so: and durin? the continuance the notes of the Bank shall no longer be
That act was construed at the time of f the charter, therefore, thev must have taken in payments to the United States, tho
its passage, and has been ever since, as continued to be made in the Bank of the President and directors of the Bank would
conferring on tho Secretary of the Tres- United States, unless the Secretary of the have no just ground of complaint that ury all the powers which, under the old Treasury had otherwise ordered and di- their "chartered rights" had been violated.
Confederation, had been exercised by the rccted. It was stipulated with the stock- Is the case now presented at all different "Board of Treasury" and we according- holders that they should have the public in principle? Have they any just ground
ly ti::d that Alexander Hamilton, tho first deposites, unless the Secretary otherwise to complain that their "chartered rights" Secretary of the Treasury, and all of his ordered, and that the Legislative authori- have been violated, by the act of the Secsuccessors in that office, down to the time ty would riot interfero to take them away retary in the removal of the deposites? of establishing tho nrescnt bank nf the durincr the continuance of their charter. The Bank charter is a contract between
United States, constantly exercised the This section of the Bank charter, al- 'he government of the United States and
power ot directing where the public mon- though it surrenders the power of Con- the stockholders. losee that the Sec-
eys in the Treasury were to be deposited, gross over the public deposites for twenty retary of the Treasury acts from pure
It was sometimes placed in the hands of in vears, and indicates a legislative prefer- motives, and judo whether further
dividual?, sometimes in the State Banks, ence for the Bank of the United Slates as legislation be not necessary on tho and a. part of it in the former Bank of the I a depository, does not diminish the posi- subject, Congress require of him to report
United States. It was never supposed, du- it ce power ot the Secretary of the Trans- his reasons to them. I his is an agreering the period above mentioned, to be the "ry over the subject. He had the same ment between the Legislative and Execuprovince of the Treasurei to make these- legal powerafter the passage of this act, live departments of the government, who lection, nor did he ever attempt to exercise to order and direct the public deposites to are jointly one party to the contract, with the power. It was, by uniform usage and bo made in other banks, as he had before, whose arrangement, the Bank, as the oththo acquiessence of Congress and all the an additional duty was imposed upon him. cr party, has no concern. The Siokholbranches of the government, from 1789 But how can this requirement impair his ders entcrod into the contract, in which tho down to 1S1G, admitted to be placed by power? Had the clause requiring the government reserved the right to rejct law under the exclusive power of the Sec- reasons to be reported been omitted, could their notes, and discontinue their Bank as retary, subject to tho supervision of the it have been doubted that the power of a depository, the one through Congress President as the head of the Executive de- the Secretary to cause the deposites to be and the other through the Secretary of tho partment. Under the construction given made in other banks would have been ab- Treasury, without assigning to them any to the same act, and by uniform usage, the solute and unqualified? And how can the reason whatever. Whenever either of principle was equally well established, necessity for giving his reasons after the these powers is exercised by the agent to that to the Secretary of the Treasury be- act is done, impair his power to do it? Be- whom it has been reserved, no stipulation longed the exclusive power of ordering fore the Bank charter was granted, the of the contract has been violated, and tho
transfers of public money lrom one place Secretary ot the 1 reasury was liable to ianK nas no right to complain.
warrants oe called on by Congress for his reasons iNot only was no stipulation ira te wiln
t
which he mav have ceased to make the
Bank of the United States the depository of the public moneys is one exclusively between that officer and the constituted authorities to whom he is responsible. To pronounce a decision upon the act, and the reasons which superinduced it, appertains
exclusively to the government, and is a question in which the Bank has no right to interpose for the purpose of influencing the decision. The Bank donics tho authority of the Secretary of tho Treasury to issue bis orders for removing tho public deposites from its custody, and claims possession ot" these deposite as a chartered right, because ai it alleges, "ih Bank has in all
the Treasurer in all his acts, uid were themselves responsible to Congress," the head of the Extcutive department iu the existing government. s The new constitution took the entire executive power away from Congress, and vested it in an independent co-ordinate department of the government. It declares that "the executive power shall be vested iu a President ot tho United States ot A-
menca; that lie fchall nominate, and by and with the cousent of the Seuate, shall appoint ambassadors, or other public min
isters and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointment are not herein otherwise prouded for, and which shall bs
of deposite to another, and the
or drafts issued for that purpose, did not
take the funds from the debit of the Treasurer, and were never considered as drawing them out of the Treasury. The public revenue can never be entirely collected and disbursed at the same place. It must necessarily be transferred from the points of collection to places where it may be needed, and deposited in secure places for safe keeping prior to disbursement. If, in this operation, it remains charged to the Treasurer on the books of the Treas
ury, although separated into a thousand
parcels, and in every part of the Union,
it is still in the Treasury, ready to be dis
burscd upon warrants drawn according to
the laws. The committee annex to this report, by way of appendix, various official documents, establishing conclusively the position they have here stated. At the period, therefore, that the chari i . i i . i .i
icroi ui-- present nanK was granien, tne
power ot the Secretary of the Treasury
over this subject was one well knoVtn and
understood. It had been cleaftex&tlled
by long usage and invariable practice un
der the act of lU, and with which the
Congress ot lb lb, when they chartered
this Bank, were perfectly acquainted and
to w hich they must have intended to refer.
when they speak in general terms of his power over the public deposites, without defining or prescribing its limits. The 10th scctiruofihe charter declared
for discharging one bank from the service the Bank that its notes should Le received
of the Treasury, and employing another, in payments to the United States, and that
and it was his duty to give them. The it should be employed as a depositary ot
change effected in his position is, that he the public moneys, longer than it should
is now bound by law to give his reasons no the pleasure ot the Uovernment, but without a special call. But the giving any contract of that sort on the part of tho his reasons nowf after the act is done, can Government would have been indiscreet no more affect his power to doit, than giv- and improper. To have absolutely bart-
ing his reasons then under a special call ered away to a corporation the nigh powof Congress; and his duty to act only for ers of both the legislative and executive good reasons, and his liability to be pun- departments, aud left the Government of
ished for measures originating in corrupt the people absolutely dependent on a cor-
or wicked motives, were just as strou" poratiou of its own creation, for the cur-
then as now. rency in which public dues should he paid That it was intended that this power and the places in which the public moneys
should be exercised, as it always has been, should be kept, wru'd have been an as-
by the Executive authority, without con- sumption ot power on tne pari oi uioso suiting Congress, is proved by the fact, who created the Bink charter, which tho that the Secretary is not required to give boldest advocates of a controlling power his reasons to Congas, even though they over the popular will never darcl to mainmay be in session, until after the act is tain. Many unforeseen considerations done. If it had been intcuded that he might render it expedient, if not indispcashould be directed and advised by Con- sable, to the preservation and protection
gress before lie acted, provision wouia oi wiu puuw mwiww nuiu a icss
have been made that when Congress are
in session, the reasons should be laid before them for their consideration aud approval before the act was done. In illustration of the view here taken of the proper interpretation of this provision of the Bank charter, and the power reircrved bv it to the Secretarv over the p jolic
deposites, the committee refer to another
iod than twenty years to sever the connexion between the Government and tho Bank, and no Congress has yet been found so improvident as to transfer from tha Government the power to determine what
! currency it will or will not receive in pay i
mentot the public dues, andwseieci ai will the depositories of the public finds .... . . 1 u
Much less have they imp -seu oa iua ma-
provision of that charter By Uij Mihlic authorities, and oa Cun-rs thcajj