Western Sun & General Advertiser, Volume 25, Number 16, Vincennes, Knox County, 10 May 1834 — Page 1

4

O BLXHU STOUT.J

BY

nmJ: Xh U dTscbJrd 1, !

the payment ot at the w.ncj. Payment in advance interest of both parties, tht

u mouu is buu i

A failure to notify a wish to di?contin-1?, or pnv!c dt,i,ZenS- ;he lof dwmiinS the Head of one of the Do- by that body, and whom the President community; and, that we, solemnly beuc at the expiration of the time subscribed I ;" ffnce, i would .cem that the At the tune the removal was m.ght or might not at his pleasure nomi- lieve the present Bank of the Unite

f,r will considered a new eiiLM-etnent r 1 and no subscriber at liberty to df.conli,.: n ..mil nil arrearaaM are naid Subseniors must pay the postage u Uieir pa pcrs to the Ivl i tor on business must be paid, or they will not be attends, to. Piionucn will lu received at the cf,st narhct price, for .vjbscriptiwns, if delivured wiihia the year. Anvi:ansi:Mi:NTs not exceeding one square, will be inserted tliree times for J 1 ... 1 . ... C, C, ' . , ... i UI ' I llt'll " ... . " ... . proportion. Q-Persons sending advertiser.i'Jiiis, mast spcouy the number oi times they wish them inserted, or they will be continued until ordered out, and must tc paid for accordingly. L7.ST OF AGENTS. John Murphy, Washington, lud. John Vantrees, do do. John Arb'ithnot, Princeton, Ind. J-hu I. Neely, do. Thomas Cisscll, Mount Pleasant, Ind. Post-Master, Owl Prairie, Ind. Post-Master, DloomhVwl, Ind. l'oat-Master, S indcrsville, Ind. Tost -Master, Owcnsville, Ind. Post-Master, Slinkaru's Mills, Ind. Jesse Y. Wilborn, Mount Vernon, Ind. Lev i Price, Uvansvilie, Ind. John W. U.ivis, Carlisle, Ind. Isaac Oug, Mcrom, Ind. Post-Master, Trman's Creek, lud. John C. Rciley, Lawrenccville, 111. Post-Master, Palestine, 111. Post-Master, Boonviile, Ind. Post-Master, Rockport, lad. Lewis Gex, r. M.Xow-tlarmanv, lad. IX SENATE. Thursday", April 17, 1S3-1. Several messae-s were received from the President of the United States, by Mr. Doxklson, his Private Secretary; among them the following PROTEST: To the Senate of the United States: concluded. The Congress of the United States tave never passed an act imperatively di recting that the public moneys shall bi kept in any particular place or places. From the origin of the government to the year 1810, the statute book was wholly silent on ;he subject. In 17S9 a Treasurer was created, subordinate to the Secretary of the Treasury, and through him to the President. He was required to give bond, safely to keep, and faithfully to disburse tho public moneys, without any direction as to me manner or piares in which they should be kept. By reference to the practice ot the government, it is found, that from its first organization, the Secretary of the Treasury, acting under the supervision of the. President, designated the places in which tho public moneys should be kept, and specially directed all transfers from place to plare. This practice was continued, with the si'eni acquicscnee of Congress, from ITS!) down tolSlO; and although many batiks were sclecte I and discharged, and although a portion of the moneys were first placed in the State lVu.k-, and then in the former bank of the United States, and upon the dissolution id that, were again transferred to the State B inks, no legislation was thought necessary by Congress, and all the operations were originated and perlecicd by executive auinoruy. 1 ne secretary of the Treasury, responsible to the President, and with his approbation, made contracts and arrangements iu relation to tho wholo subject matter, which was thus entirely committed to the direction of the PreiJent, under his responsibilities to the American People, and to those who were authorized to impeach and punish iiim for any breach f lhi important trasf. The act of LnIG, establishing the bank of the United States, directed the deposites of public money to be made in that bunk and its branches, in places in which the said bank and branches tbeicof may be established, "unless the Secretary of the Treasury should otherwise order and direct,n in which event, he was required to! give his reasons to Congress. Tins was! but a continuation ot his pre-oiting pow ers as the head ot an executive Depart xnent, to direct where the deposites should bo made, with the superadded obligation of giving his reasons to Congress for ma1 .1 ...t .1 !.... IKing tiiciii ciM" iitTu niao hi toe u.uik oi the United States and its branches. It is

not to le considered tint this provision iu posed abuses and corruptions, made it, in I poration was putting in train the same any degreo altered the relation between ! my opinion, the duty of the Secretary of course of measures, with the view of mathe Secretary of the Treasury aud the t the Treasury, to place the moneys of the king another vigorous efiort, through an President, as the responsible Head of the United States in other depositories. The ; interference in the elections of the people, Executive Department, or rele ised the lat-j Secretary did not concur in that opinion, to control public opinion and force the

ter lrom his constitutional obligation to ':a!;e care that tho l.iw.-i be faithfully ex - ecuted. On the contrary, it incieascd ...... his rcspoiijiLiiiiics, by addui another

j the long list of laws which it was his duty

to carrv into effect. 'i?"1" """v res,.!., if, laws cnioinui? duties uoon subordinate c r - . . iu ,,,rmcr' Q incZ e ,n hls P" ",and the nmedy at hand. JV""? TT V ,he ,e' ulu uiuoBtreiur) oi uie ireasury to order and direct the deposites of the public m-jney to be made elsewhere thnn ; tw. T ...f, C u IT:. i Ok.. 1.1 mi; iM.m ui me umicu ouues, icuncvCould he sav that the constitution did not j bind him io see the law faithfully execu ted, because it was one of his Secretaries, and not himself upon whom the service was specially imposed? Might he not be asked whether there was any such limitation to hi obligations prescribed in the constitution? Whether heis not equally J bound to take care that the laws be faith fully executed, whether they impose duties ou the highest olficer of State, or the lowest subordinate in any of the Departments? Might he not be told, that it was for the sole purpose of causing all executive offi cers, from the highest to the lowest, faith fully to perform the services required of them by law that the People of the Uni ted States have made him their Chief Magistrate, and the constitution has clo thed him with the entire Executive power of this government? The principles iniplied in these questions appear too plain to need elucidation. But here, also, we have a cotemporaneous construction of the act, which shows that it was not understood as iu any waychanging the relations between the President and Secretary of the Treasury, or as placing ihe latter out of Executive con trol, even in relation to the deposites of the public money. Nor on this point are we left to any equivocal testimony. The documents of the Treasury Department show that the Secretary of the Treasury did apply to the President, and obtain his approbation and sanction to tho original transfer of the public deposites to the pre sent Bank of the Uuited States, and did carry the measure into effect in obedience to his decision. They also show that transfers of the public deposites from the Branches of the Ba-k of tho United States to State Bunks, at Chilicothe, Cincinnati, and Louisville, in 1SH, were made with the approbation of the President, and by his authority. They how, that upon all important questions appertaining to his department, whether they related to the public deposites or other matters, it was the constant practice of the Secretary of the Ireasury to obtain for his acts the approval and sanction of the President. These acts, and the principles on which they were founded, were known to all the departments of the government, to Con gress, and the country ; and, until very re cently, appear never to have been called iu question. Th is was it settled by tho constitution, the iaws, and tho whole practice of the government, 'that the entire Executive power is vested iu the President of the Uni ted States; that as incident to that power, 'he right of appointing and removing those officers who arc to aid him iu the execution of the laws, with such restrictions only as the constitution prescribes, is vested in the President; that the Secretary of the Treasury is one of those officers; that tho custody of the public property and money is an executive function, which, in relation to the money, has always been exercised by the Secretary of the Treasury and his subordinates; that in the performance of these duties, he is subject to the supervision and control of the President, and in all important measure having relation to mem, consults the Chief Mjgistrate. and obtains hi aanro-'ai and appro-. sanction; that the law establishing the Bank did not, as it could not, change the relation between the President a:.d the Secretary did not release the termer from bis obligation to see the law faithful Iv executed, nor the latierfrom the Presidents supervision and control; that afterwards, and i of ire, the Secretary did in fact - josult, and obtain the sanction of, the President, to transfers and removals ot the public deposites; and that all depart ments of the government, aud the nation itself, approved or acquiesced in tbeseaets and principles, as in strict conformity with our constitution and iaws During the last year, the approaching i termination, according to the provisions ot its charter, and the solemn decision of the . ! I I' American reople, ot the Dan u oi me uni j ted States, made it expedient, and its ex and declined giving tho necessary order j ami dirccti ,t. So glaring were the ubuj ses and err iplions of the Bink, so evi toj doat its fixed purpose to persevere iu thcm;

tunc ol suuscri it- i , r, . . 1 ' v w w" iimuuuus, inm PUlMIC duty. IS One of the Secretaries, it !- liv thfi pvnrtion nf pvpri nAUPr rnnli. it crtmiM h lnnn., i

uiu person enanrcti iv law wun a imneranve auiv 01 ine cxeennvt; nntrmri-i rsi nnm imp. sattv ri n.a n3i t:

1, T the mutual werc 'ess tnc. utv ,ne President to see j ded to it by the constitution and laws, to agent of the Treasury. A Secretary of ClHg ! ihllt law fllitbrilllv fVfrllttrl limn ftNnr rlmL- iU rirppr unit Innn its nlilitr ll.a 'Pmaciiv.. .l J f

. i . : . i : ............ ...v.u.u, i.ui. iui,i vin n iu vmvia imu ivovh uuiiiit iu I iiir i icasui ttaiijuiiUHi in liih rernsa in

cr sujicienc reasons existed jor mah ing interest a nu ieenn, when unexpectedly gross and all its successors have been un- deposites of the Government moneys be.thechange. If, in such a case, he neglect- called to the station he now occupies, der adelusion; that the practice of near lieving as wedo the courio of the Sycreed or refused to act, he would neglect or ought forever to have shielded his motives forty-five years, is but a continued usur tary to have been constitutional and that refuse to execute the law. What would ; from suspicion, and his character from re- pation; that the Secretary of the Treasu- the public good required its adoption.

du UK. o ui ii u.i. i mo nwi.itiii;, iiwui. iii ai..u. jauic nuM me uuunuiis jy is uui rcspousioie io me i resiaeni: ana i ixcsoayca, mat me uovprnnr ka

and so palpable its design, by its money its neglect of duty, and arrogant pretenand pow er, to control the government and sions, made it, in the opinion of the Presi-

change it, character, .hat 1 deemed it the do mischief, even in the nainltil alternative .. . . . : " " . ' H. ue, m u t u u cIH j , u existed; out n tney had not, the fcecretary would have been dismissed for this CaV;C Ty . r , . . ins piai i suppuuu uy one whoso opinions were well known to me, and whose frank expression of them, in another situuu n, uiu nuse generous saennces 01 I :!. 1 f 1 mm I long before expressed by him, he proceedcd, with my sanction, to make arrangements for depositing the moneys of the United States in other safe institutions. The resolution of the Senate, as originally framed, and as passed if it refers to these acts, presupposes a right iu that body to interfere with this exercise ot bxecutivn power. If the principle be once admitted, it is not difficult to perceive where it may end If, by a mere denunciation like this resolution, the President should

eer oe niuucea io aci, in a niauer oi om- oaie, in its original torm, were one ot the passed by them on the lithday of Januacial duty, contrary to the honest convic- Senators from the State of Maine, the rv last, relative to the President of th

uons oi nis own nnnu, in compliance wun the wishes of the Senate, the constitutional independence of the Executive Do-

partment would be as ettectuaUy destroy- the senae, that the Legislatures ot these "Resolved, That the Legislature of ed, and its power as 'effectually transfer- States had severally expressed their opin- Xew Jersey have not seen any reason to red to the Senate, as if that end had been ions in respect to the Executive proceed depart from such resolutions since the pasaccomplished by an amendment of the ings drawn in question before the Senate, sage thereof; and it is their wish that

constitution, lint it the senate have a 1 he two branches of the legislature of they should receive from 1 he Senators and right to interfere with the Executive pow- the State of Maine, on the 25th of Janu- Representatives of this State in the Conors, they have also the right to make that ary, 1834, passed a preamble and series of gress of the United S ates, that attention, interference effective; and if the asser- resolutions in the following word-: and obedience which are due to the opintion of the power implied in the resolution "Whc-cas, at an early period after the ion of a sovereign State, openly expressbe silently acquiesced in, wo may reason- election of Andrew Jackson to the presi- ed in its Legislative capacity. ably apprehend that it will be followed, at dency, in accordance with the sentiments On the 2d of January, IS31, the Seasome future day, by an attempt at actual which he had uniformly expressed, the at- ate and House of Representatives cmnpo enforcement. Tho Senate may refuse, tention of Congress was called to the con sing the Legislature of Ohio, passed a except on the condition that he will surren- stitutionality and expediency of there- preamble and resolutions in the following der his opinions to theirs and obey their newal of the charter of the United States words: will, to perform their own constitutional Btnk; And whereas, the Bank has tran- "Whereas there is reason to believe that functions; to pass the necessary laws; to scended its chartered limits in the man- the Bank of the United Slates will aU sanction appropriations proposed by the agement of its business transactions, and tempt to obtain a renewal of its charter House of Representatives, and to confirm has abandoned the object of its creation, at the present session of Congress: And proper nominations made by the Presi- by engaging in political controversies, by whereas it is abundantly evident that said dent. It has already been maintained wielding its. power and influence to em- Bank has exercised powers derogatory to

(and it is not conceivable that the resolu- barrass the administration of the General the spirit of our free institutions and dan'ion of the Senate can be based on any Government, ana by bringing insolvency gerous lo the liberties of these U. SfHtesa

other principle) that the Secretary of the

I reasury is the ohicer of Congress, and nity: And whereas, the public security the constitutional power ol Congress to independent of the President; that the from such an institution consists less in its grant acts of incorporation for banking President has no right to control him, and present pecuniary capacity to discharge purposes out of the District of Columbia consequently none to remove him With its liabilities than in the fidelity with which Aud whereas, we believe the proper disthe same propriety, and on similar the trusts reposed in it have been execu- posal of the public lauds to be of the utgrourus, may the Secretary of State, the ted: And whereas, the abuse and misap- most importance to the people of these Uni See ies of War, and the Navy, and plication of the powers conferred have ted States, and that honor and good faith thcxlmaster General, each in succcs- destroyed the confidence of the public in require their equitable distribution: sion, tie declared independent of the Pres the officers of the Bank, and demonstra- Therefore ident, the subordinates of Congress, and ted that such powers endanger the gtabili- "Rcsohcdby the General Assembly of removable only with the concurrence of ty of republican institutions: Therefore, the State of Ohio, Thai we consider tho the Senate. Followed to its consequen- "Resolved, That in the removal of the removal of the public deposites from tho ces, this principle will be found effectually public deposites from tho Bank of the Bank f the United States as required by to destroy one co-ordinate Department of United States, as well as in the manner the best interests of our country, and that the Government, to concentrate in the of their removal, we recognise in the ad- a proper sense of public duty imperiously hands of the Senate the whole Executive tmniitratiou an adherence to constitution- demanded that that institution should be power, and to leave the President as pow- al rights, and the performance of a public no longer used as a depository of the pub erics as he would be useless the shadow duty. lie funds. of authority, after the snbstance had de- "Resolved, That this legislature enter- "Resolved, also, That we view, with parted. tain the same opinion as heretofore ex- decided disapprobation, the renewed atThe time and occasion which have call- pressed by preceding legislatures of this tempts in Congress to iecure the pass.ago

ed forth the resolution of the Senate, seem State, that the Bank of the United States of the hill providing for.he disposal of the to impose upon me an additional obliga- ought not to be rechartercd. public domain upon the principles propotion not to pass it over in silence. Nearly "Resolved, That the Senators of this sed by Mr Clay, inasmuch as we believe forty -five years had the President exerei- State in the Congress of the United States that such a law would be unequal in its sed, without a question as to his rightful be instructed, and the Representatives be operation?, and unjust in its resuits. authority, those powers for the recent as- requested, to oppose the restoration of the "Resolved, also, That we heartily apsomption of which he is now denounced, deposites and the renewal of the charter prove of the principles set forth in th The vicissitudes of peace and war had of the United States Bank.'' latt. veto ines: age up u that subject, and, attended our government; violent parties, On the 11th of January, 1831, the "Resolved, That our Senators in Conwatchful to take advantage ot any seem- House of Assembly and Council compo- gress be instructed, and our Reprcsentaing usurpation on the part of the Execu- sing the legislature of the State of New tives requested, to use their ii;fl .t nce to tive, had distracted our counsels; frequent Jersey , passed a preamble and a series of prevent the reeharterin of the Bnk of removals, or forced resignations, in every resolutions in the following words: the United States; to sustain the adtniusense tantamount to removals, had been '-Whereas the present crisis in our pub istration in its removal of the public demade of the Secretary and other officers lie affairs calls for a decided expression of posites; and to oppose ihe passage of a of the Treasury; and yet, in no one in- the voice of the people of this State: and land bill containing the principles adopstance is it known, that any man, whether whereas we consider it the undoubted ted in the act upon that feu. ject, passed at patriot or partisan, had raised his voice a- right of the legislature of the several the last session of Congress, gainst it as a violation f the Constitu- States to instruct those who represent their "Resolved, Ilia t the Governor be retion. Tho expediency and justice of such interests in the councils ef the nation, in quested to transmit copies of the forogochanges, in reference to public otficers of all matters which intimately concern the ing preamble and resolutions to each of

all grades, have frequently been the topics of discussion; but the constitutional right of the President to appoint, control, and remove the Head of the Treasury, as well as all other Departments, seems to have been universally conceded. And what is the occasion upon which other principles have been first officially asserted ? The Bank of the United Slates, a great moneyed monopoly, had attempted to obtain a renewal of its charter, by con trolling the elections of the People and the action of thw Government. The use j of its corporate funds and power in that atI . i' II 1 1 -. - j tempi, was luiiy disclosed; and it was - ! made known to the PresiJent that the corgo eminent to yield to its demands. This, with its corruption of the press, Us viola- - ; tion of its charter, its exclusion of the go i B vcrumc at Directors from its proceedings,

den,, incompatible will, .he public inter-

thp i Sonatp. whn hud t ln .K-A I ; : r : vvv" v,'u,u H,ctJ aie 0 reiuSL,u ,ouo wnamn supenor in the Executive Department considered the most imperative ot his duties,and b.ecam,r ln flict howeyer inJ?? m h.,s mo" lives, me protector ot ttio uanK. And on this occasion it is discovered for the first time, that those who framed the constituuon misunaerstood it: tnat me nrst v;on-1 i .1 i I. .... ' I - that to remove him is a violation of the constitution and laws, for which the President deserves to stand forever dishonored on the journals of the Seriate. There are also some other circumstanccs connected with the discussion and passage of the resolution, to which I feel it to be, not only my right, but my duty, to refer. It appears by the journal of the Senate, that among the twenty-six Senators who voted for the resolution on its final passage, and who had supported it in dciwo senators trom iew Jersey, and one of the Senators from Ohio. It also appears by the same journal, and by the files of and distress upon the commercial commu public weal, and may affect the happiness or well being the people: Therefore "1. he it resolved by the Council and General Assembly of this State, That while we acknowledge with feelings of devout gratitude our obligations to the great Ruler of nations for his mercies to us as a people, that we have been preserved alike from foreign war, from the evils of internal commotions, and ihe machinations of designing aud amb'tious men who would prostrate the fair fabric of our Union; that we ought, nevertheless, to humble ourselves iu His presence and implore His aid for the perpetuation of our republican institution?, and for a continuance of that unexampled prosperity which our country has hitherto enjoyed. "'2. Resolved, That we have undiminished confluence in the integrity and firmness of the venerable patriot who now holds the distinguished post of Chief Magistrate of this nation, and whose parity ot purpose aud elevated motives hae so loiteu received the unq;-1161 approbation

ff n lanm mninritn nf liC CAt

f"- jv.i vt ma icuow-CllliCnS. 3. Resolved, That we view with agil tation and alarm the existence of a great moneyed incorporation, which thrstcna to embarrass the operations of the govern ment, and by means of its unlour.ded in. i . iw B-r uisiress ana rum mrouiinout tna atates ought nt lobe rechartcred. -4. Resolved, That our Senators in Congress be instructed, and our member of the ."rtUS Representatives be requested to sustain, bv their votonrwl infl... ence, the course adopted by the Secretary of the Treasury. Mr. Tanev. in rchitinn to mo Uank ot the L'nited Stat Bnrl iU .. n . . ... requested to forward a copy of the abova resolutions to each of our Senator and Representatives from this Stase Congress of the United States ' in tho On the 21st day of February last, tho Legislature of the same State, reiterated the opinions and instruction before Mven, by joint resolutions, in the following words: "Rcsohed by the Cotmctl and General Assembly of the State of New Jersey, That they do adhere to the resolutions United States, the Hiiik of t States, and tho course of Mr. the United Tanev ia removing the government deposites. j And whereas, there is just reason todouot our Senators and Representatives. I It is thus seen that four Senators havo I declared bv their votes that the President, in the late Executive proceedings in rela tion to the revenue, had been guilty of tho impeachable offence of "asauaiiug upon himself authority and power not conferred by tho constitution and laws, but in uerogatiou of both," whilst ihe Legislatures of their respective Sutes had deliberately approved those very proceedi.-gs, as consists t wi:h the constitution, and demanded bv the public good. If thee lur votes "had been given in accordance w ith the sentiments of the legislatures, as aboro expressed, there would have been but twenty-two votes out of forty six for censuring the Preident,and the i:ipn"rd-;it-ed record of his conviction could not havfr teu placed upou the journals of the Senate. In thus referring to the re ns and instructions of the State LcgUJaUio, I disclaim aud repudiate ail authority or d& siMi to intcrfero with th resqoujiiitp