Western Sun & General Advertiser, Volume 25, Number 19, Vincennes, Knox County, 31 May 1834 — Page 1

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ELIHU STOUTJ VZSXrCBHEvTES, (XL SiiTURDiLY, MAY 32, 1835. VOL. 2SV. KTO. ID

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IEY AUTHORITY. XJiws of Tim rraTF.n states passfd at THE l'lKST SESSION OF THE TWESTV TllIltD CONGRESS. Public, No. G. AN ACT to authorize the issuing of a Re eitt-r to the briir American, of Savnnnah f i l it enacted by the Senate and House of M Riiresrntatives of the umtrd Mates cf Jmerica in Congress assembled, Th it there be issued, under the direction of the Sccretuvy of the I'reasury, a register to the brig American, a French vessel, which vessel was stranded on the coist of the United States, and purchased by James I'aylor, of S u annah, Georgia, and by him repaired: Provided, It shall be proved to the satisfaction i the Secretary of the Treasury, that the cost of the repairs made in the United States, after the purchase of the said vessel. bv the parent owner, exceeds three-fourths of the original cost of b-iilding a vessel of ihc same tonnage in the L nued States A. SfEVlvNSON. Speaker of the House r f Representatives M. VAN HUttKN, lire President ot the United States and ------ President of the Senate. ArritovLD, Ma 1st, 1834. ANDREW JACKSON. iVavi t'tc Louisville Public Adrcrliscr. FROM THE EDITOR. Washington City, May 13, 1831. Sir No business ot imp rtauce was transacted in either House of Congress. The proposition to fix on the 16th of June for an adjournment was renewed and di cussed in the House, but was postponed to his dav fortnight. The recent refusal of the bank of the V. States to submit to an examination ot her books and proceedings begins to be better understood. It is now slated, and the statement is such as to command ere tlencc, that the committee asked permis rion to inspect the books puoiielv in the i 1 bar.k, in presence of all the officers am directors, and that the bank refused to per ia:t it. i he ground w as taken by the directors, that the committee mM designate the fraud or violation of the charter to be detected or exposed, before they could claim, under the charter, a right to oxaniir.o the books or proceedings of the institution. The charter reserves to Conin the right to examine, general I , the l;o-.ks;ind proceedings of the batik but, th" iiro t rs say thev are not bound to exhibit thjir botiks, publirlv or privately, un-L-ssehaies be formally and specifically made out against the institution. The iih to ascertain the condition of the inititution, for the vausfauion of Congress is thtib wholly denied' The bank thus claims to be a party to the contest now oitig on, and isumes that she has powers epial to those of the g eminent. Mhe contend that she has as much riht ft decide on the puwcu reserved to the

government as Congress has and, giving to the charter, a construction designed to serve as a pretext to withhold information to cover her frauds, bribery and corruption we now behold her openly defy

ing Congress. What is to be done? What can be done? I answer, nothing! The Bank cannot be subjected to such an inspection as the charter requires. The Mammoth will successfully resist the authority of the House, crippled as she has been by the bold and intrepid conduct of the Executive. She has power enough left to enable her to resist an investigation deman ded by nearly four fifths of the popular branch ot the National Legislature; and, if Andrew Jackson were to be called hence to-morrow, the nation would almost instantly be subjected to the government of the Bank to the sway of a moneyed aristocracy. I feel degraded as an American in making this declaration but I know it to be true, and therefore feel t a solemn duty to give utterance to it. If the Bank, after the withdrawal of the deposites; after the vote in the House, that her charter ought not to be renewed, is still powerful enough to defy Congress if she still believes she can ruin or rule the nation ought we not to endure as much to ensure her prostration as our fathers did to achieve our independence of Great Britain? I am neither callous nor deaf to the cries of distress in our cities. Would to Gcd it were in my power o relieve my fellow citizens. But, appalling as the embarrassments of men ma v. be, I cannot listen for a moment to the proposition, that we must surrender our liberties ii order to appease the Monster and induce it to extend its business and its issues o-.iin. If she is powerful enough now to produce so much distress, and to laugh the authority of Congre.-s to scorn, how could sh possibly be regulated or resisted, were her charter to be renewed for tnentv vcars more? I call on honest men of all parties to answer this inquiry. Asa citizen 1 cmnot consent that mv e-uniry shall be subjected to a Mammoth Buik as a father, I will not contribute to in ike my offspring the mere serfs of a momed aristocracy. I choose to meet the crisis to grapple the monster at once, and, it necessarv, to take the field to maintain the supremacy of mind over mony to perpetuate our free institutions. j 1 his is the determination of all those who value the freecKuii of elections who see and feci ;hc power of the Bank, and understand her designs; and I feel entirely confident it will hi adopted bv thousands ot those now opposed to the administra tion, before the commencement of th' next session of Congress. The audacity ot the Bank is rapidly developing her do stalls her advocates, t.clinr her power m the cities, are aire ad denying to the great mass of the people a right to think orepealc on matters of government. The cloven foot is thsis exposed. The aristocracy can no longer conceal the fact, that they are strivn g, through the Bank, to rule the country, and abridge the riuht of swlihigc. They speak of the farmers of the country Jis fools as men incompetent to form or express correct opinions in relation to the banking operations of the country. Give them power, and they would oon gag the poor. But, the ques tion will soon be generally understood as I now understand it as one on which our liberties depend. .Then the democracy ot tho country will have all the pure hearts and strotiii arms of the laud with them and, if blood must be shed, the would-bc lordliugs will have reason to repent it. Let them mark this prediction. LETTER V. To the People or the United States The Origin and History of the Treasury of the united States. Countrymen: the hrst trace ot your treasury is found in the Journals of the Continental Congress, Vol. 1, page 130, under date of July t2U;h, 1775, in the following words. viz: ''Resolved, Tint Michael Ilillegasand Cieorgc Cu mer, EqVs. be joint Treasur ersof the United Colonies; that the Trea surers reside in Philadelphia; and that they give houd with surety, for the faithful performance of their office, in the sum ,f oho hundred thousand dollars, t John Hancock, Henrv Middleton, John DiekinOn.JOUU VlSOf', llU'Ul.ir umiui, niLii-iiu Henry Lee, and James Wilson, EVs. and the surv ivors of them, in trust for the United Colonies." The Congress of that day united in itself the legislative and executive powers, so far as any such powers appertained to the United' Colonies. The Treasurers wen' accountable to Congress, and removable at their will. Thev were the superintending and controlling power, and it was upon their order and upon a warrant issued h their President or Speaker, that moneys were drawn out of the Treasury. The actual custody of the money was in the Treasureis, and taking it out of their hands was drawing it out of the Titasurv . S .-on afterwards, a (Vmmittee of Accounts was instituted, who adjusted the T I . ! - 'PI, - t nwli 1? i M.-i r,l iaitns Jiijaitiat the Tieasuiv, examined the accounts cf tho Treasurers, and excr

cised, in subordination to Congress, a species of supervision over that Department.,

in April, a o, an oiuce was esiaiuish- j ed called 'A Treasury Office of Ac counts" and an Auditor-General, twith assistants and clerks provided, for the ad-! justment of claims against the United ! Colomes,um!er the superintendence ofthe! Committee of Accounts. In July, 1779, the system was reorganized, and a "Board of Treasury" provided Treasurer, two Chambers ot Accounts, !

tor, to "consist ot three commissioners, 1 their duties vested in persons to be apnot members of Congress, and two mem-j pointed by the Board of Treasury; but hers of Congress,1' The ordinance es- the Treasurer elected by Congress, to tablished the offices of Auditor General, them responsible, and bv them removable.

and six Auditors for Army accounts, wiihlthc moneys of the United States," &c.

clerks. All these principal officers were elected annually by Congress. The du ties f Treasurer were thus prescribed, viz. "The Treasurer is to receive and keep the moneys of the United States, and issue them upon bills drawn by the President of Congress, or Board of Treasury. j On receiving money, he shall give a re ceipt, and on every payment take one to serve as his voucher. Ho is to render his account quarterly to the Auditor-General, tor examination by one ot the Chambers of Accounts; and being reported to and approved by the Auditor, and presented by him to the Board of Treasury , and no objection appearing to them, a copy shall be transmitted to Congress. Ail loan officers shall make monthly returns to him, as well as to the Board of Treasury, of the monevs in their hands, arising from loans, taxes, or other means; on which returns, he shall charge such officers in his book?. When a warrant is drawn on him, and he CimU it convenient that it shouid be paid out of the money in any loan office, he shall endorse on the warrant an order to the loan officer, requiring him to discharge it accordingly: but ... O.I before it is transmitted, he shall produce the endorsements to the Auditor-General. who shall register and certify it to have I been passed bv him, and the loan officer is authorized and directed to pay it; and both the Auditor-Geucral and the Treasurer are to credit the loan officer with the sum which he is required to pay by such warrant or order." Hero arc the leading features of our rn standing in the relative attitude that the 1 resident does now, appointed and remo ved at will, the the' Board of Treasury, which occupied the position which the Secretary of tho Treasury does now they appointed annually the Treasurer, and could remove him at will, as the Pres ident ran now; and bv direction of Congress, or the Board of Treasury, instead of the President or Secretary of the Trea sury, p.ihlic moneys were deposited in the loan othres ot the dilierent States, as they now are in banks. The moneys in the loan office upon which tho Treasurer was enabled to draw, were considered as mu- h in the Treasury as those in his own possession; and it wi;l be perceived, that although it is made his sncial duty to -RECEIVE and KEEP the moneys of the United State," he did not in fact receive or keep those deposited in the loan olli.-os, otherwise than by having them placed to lus credit, to be drawn upon for the public expenditures At a subsequent period, tho subject of Executive Departments to be organized under the superintendance of Congress, ' . 3 ' was considered hv a committee, and a re port was made hv them on the 7th Febr.s ary , 17bl, which is thus mentioned on the Journal, viz. "Tho committee to whom was rccom mitted that part of their report on ;i phm for the arrangement of the cr7 Executive Departments of the United State?, delivered in another report. "Congress then resumed the considerati.m ot the nlan fur the arrangement of the civil Executive Departments of the United States; and thereupon Resolved, that there be a Suporin tendent of Finance, a Secretary at War, and a Secretary of Marine." On the ilth of the next September, an ordinance was adopted, entitled "An ordinance forregulatins tho Treasury, and adjusting the public accounts." This ordinance abolished the Board of Treasury, with all the offices attached to it, and provided "That tor the more effectual execution of the business of the Treasury, and the settlement of public accounts, the follow ing oilieer shall be appointed in aid of the Superintendent of Finance, bis Assistant, Secretary, and Clerks, namely, a Comptroller, a Treasurer, a Register, Auditors, and Clerks." The appointments of the principal officers were all made by Congress, and continued at will. The duties of tho Treasurer were the same in general as under the former system. It is specially provi ded, that ''he &ikf.ckive and kllp the moneys of the United States," &c. This ordinance has been taken as the model of the Treasury Department, under the new constitution. For the Superintendent of Finance, we now have a Secretary of ike Treasury; hut the Comptroller, Treasurer, Register, and Auditors, as then created, have been introduced into the present system, bing copied into the act for es- - ; tublihing tho preheat Treasury Djpart-

mcnt, with similar duties, but difiurent responsibilities. The differences that

now exist, are rather additions to that S)steni, than alterations. However, in May, 1781, the office of Superintendent of Finance was discontin ued, and a Board of Treasury," consisting ot three Commissioners, appointed. who were clothed with similar poweis. In September, 1767, the offices of Comptroller and Auditors were abolished, and whose duty it was to "nr.cEivn end keep was still retained. While the Convention II . a ...... were framing the present constitution, the Tr easury Department consisted of a "Board of Treasury," composed cf three Commissioners, having subordinate officers to aid them, and "a Treasurer," appointed and removable by Congress, whose duties were defined by the ordinances of that body. The Treasurer's dutywas to ''receive and keep the moneys of the United States" &.c. and he did "receive" them to his credit in loan offices or Banks, as Congress might direct, and llid "Klirr" them ill S'lid 1:in nfTira r.r - - - v- buu W W -V Banks, until it became necessary to draw them out on warrants for the public service. All public moneys w hich were thus in his custody, or were in his immediate possession, were in mr. Tkeasurv. This was the state of things in May, 17S7, when the Convention met to frame the new constitution, and in September following, when they adjourned, after completing that service. To understand distinctly what that body meant in their proceedings, and in the constitution which they framed, it is essential to keep in mind what the Treasury really u-as at that time, and to irhomits officers irere responsible. We shall thus be able to perceive what the Treasury is under the new constitution. and how far the responsibility of its offcers has bccnchanzcd. In a draft for a constitution of the United States, submitted to the Convention by Mr. Charles Pi nekney, on the ihh May, 17S7, the following is found among the powers proposed to be given to Congress, viz. 4'ib appoint a Treasurer by ballot " This and various other plans for a constitution, together with many resolutions adopted by the coavention, wero submitted to a committee, who were instructed to make out a draft for the further consideration of that body. Their draft was reported on the Cth August, 17S7, and proposed to continue in Congress the power "To appoint a Treasurer by ballot. This draft, after discussion and .amendment, was recommitted for the purpose of revision. O.i the 12ih September, 1787, the revised draft was reported. This draft contained the three foilowiug propositions, viz. 1. "The Congress may, by joint ballot, elect a Treasurer." xVo money .hall be drawn from the Treasury but in consequence of appropriations made by laa." iJ. "He tlu President shall nominate. and by and with the advice and consent of , th Sfno": f'i PV ' Ambassador,, ot lc fuhIf inters and Consuls Judg r"V? f'T'r thcr f't f 4 h r twin. 9 VTO phsos sm oTjiecrs or me unitea states wnosc ap pahitments arc not herein cthcrwisc provided for." There was then a Treasurer, elected by Congress, whose duty it was to ''receive and KEEP the vioneys of the United State."." Drawing money out of his KEEPLNT. or CUSTODY was drawing it out ot the Treasury. It the Constitu tion had been adopted as here proposed, continuing in Congress the power to elect the Treasurer, could there have been any (lo;,1,t as 1,1 what would ha been the the 'lrcasuri, and what would have ben drawing money out of the Treasury? Would not the Treasury have been, as it was before, in the keeping or custody of the Treasurer? And would not drawing money fiom the Treasury have been drawing it out of the keceping or custody of de Treasurer? On the 1 4th September, however, only three days bef re tlui final adjournment of the Convention, the following proceedings took place, viz. Question .o strike out the words, "may bv joint ballot appoint a Treasurer. They," from 'he fiit clause of the eighth section, first article which passed in the affirmative, YeasS, Nays 3. The clause prohibiting the drawing of money from the Treasury was not altered. That relative to the appointing power of the President, was amended to read us follows, viz. "He shall nominate, and bv and with the advice and consent of the Senate, shall appoint Ambassadors, other public Ministers, and Consuls, Judges of the Supreme Court, and all other otficers of the United States, whose appointments are not herein otherwise provided for, and which shall be established bv law: Bat the Con-ire-. mv bv law vest the aimoi-jt ment of such lufenor othcers as ihev may J thiuk proper, iu tk Pfeeidu. aloaej iu

the courts of law, or in the heads of departments." Thus was the office of Treasurer left to te established by law, and the appointment committed to the hands of the President instead of Congress. In the Slth number of the Federalist, written prior to the adoption of the coastitution,arc the following remarks, viz.

"It is evident that the principal depart ments of the administration, under the present Government, the confederation will be required under the new. Thero are now a Secretary at War, a Secretary for Foreign Affairs, a Secretary for Do mestic Affairs, a Board of Treasury, consisting of three persons, a Treasurer, Assistants, Clerks, &c Theso officers aro indispensable under any system, and will suffice under the new as well as the old." That a Treasurer was considered indispensable, is proved by his being the first officer of the Treasury Department which was created, always retained under every change of system, and proposed cveu to be perpetuated in the constitution. In establishing the executive departments under the new constitution, Congressjthereibre, retained the Treasurer, and at the same time created a Stcretaru of the Treasurer, a Comptroller, an Auditor, and a Register, the appointment of whom vested at once in the President, without any provision of law to that effect. By the 4th sectiou of the act, it wai enacted "That it shall be the duty of the Treasurer to rcccire and keep the moneys cf U. States, and to disburse the same upon warrants drawn by the Secretary .f the Treasury, countersigned by tlte Comptroller, recorded by the Register, and not otherwise; he shall take receipts for oil moneys paid by him, and all receipts for moneys received by him shall be endorsed upon warrants, signed by the Secretary of the Treasury, without which warrant so signed, no acknowledgment for money receiyed into the public Treasury shall bo fco tar as it regards the rcechinrr and keeping the moneys of the United States. ill .. u win ue perceived that the very language of the old ordinances was retained? and ot course with the same meaning. Under them, moneys in the keeping of tho Treasurer, w hether in his possesion or to his credit in Loan Olficesor Banks, were in the Treasury. If the election of this officer had Lcen retained by Congress, it would have been his keeping of the public moneys, as before, which would have constituted their being in the Treasury; and from that keeping, they could not have been drawn, "but in consequence of appropriations made by law." Sow, who will say, that the principle is at all altered by vesting the appointment of this officer, in the President, instead of C ngres9, when his chief duties remain the same and arc enjoined in precisely the same lan. guage? Is it not still hi keeping or custody of the public monevs according to law, which constitute the'ir being in" tho Treasury ? And can any power on earth, even Congress themselves, draw them out of that custody "but in consequent e 0f appropriations made by law?" Call hira what we will, there must always be a Treasurer in substance, if not in name, whose legal custody or keeping must bo the Treasury. When the appointment of this officer, proved an'l admitted to be indispensable to the existence of the Treasury itself, has been expressly refened to r i r i ' congress, ami in worui evidently lotended to include it, vested in the President, who will say that Congress can constitutionally take it out of his hands? U not the Treasurer, and must he not be "an officer of the United States? Can he be said to be "an interior otllcer,,, when he was always appointed, under the old Covernmcnt, by Congress themselves when he was deemed to be of sufficient dignity to be introduced into all the original drift of the constitution? and when, from tho origin of the government to this day from 1775 to 13 i no effort has been made to vest his appointment in any authority but Congress or the President, and he has always been considered as ens of the most important officers of the Government! But.be it remembered, that this custody t the treasurer must le according to law. The oificeaud all that belongs to if, are created, regulated, and may be des troyed, by Congress. They may direct where and how he shall keep the public moneys, and in what manner thev shall bo drawn from the Treasury. Such laws, if they existed, it would be the sworn duty of the Treasurer to obey; and it would bo the sworn dutv of the President one of the most important objects of his creation the chief reason that the Treasurer U made responsible to hitn to" see that ho did obev them. If the President dirertrsl or knowingly permitted tho violation or disregard of these law, he would ls justly subject to impeachment and removal from office. So far, therefore, as relates to directing the manner and p;aci of deposite, and the manuer of keeping aud drawing out the public moueys, their custody may be assumed by Congress; and by tho custody of the Treasurer, nothing more ia meant than the keeping vested in him by law. To comprehend U;c extent of ths urJ