Newspaper Page Text
“The ferment of a free, is preferable to the torpor of a despotic, G
ov eminent.
VOL. III.
The Southern Banner?
IS riBLISHED IN THE TOWN OF ATHENS, GEORGIA,
EVERY 8ATURDAY,
]B¥ ALBO^T CHASE.
TERMS.—Thrco dollars per year, payable in ad
vance, o» Four dollars if delayed to the end of the
year. Tbo latter amount will bo rigidly exacted of
all who fail to meet their payments in advance.
No subscription roccivod for less than one yoar, un
less the money is paid in advance ; and no paper will
bo discontinued until all arrearages are paid, except
ut the option of the publisher. A failure on the part
of subscribers to notify us of thoir intention of re
linquishment, accompanied with the amount due, will
be considered as equivalent to a new engagement, and
jmpers sent accordingly.
Advertisements will bo inserted at the usual rates.
UTAH Letters to tho Editors on matters connected
with the establishment, must bo post paid in order to
secure attention.
Dj“Notico of tho sale of Lend and Negroes by Ad
ministrators, Executors, or Guardians, must be pub
lished sixty days previous to the day of sale.
The sale of Personal Property, in liko manner,
must he publishcd/or/y days previous to tho day of sale.
Notice to debtors and croditorsof an estate, must be
published forty days.
Notice that Application will l>o made to the Court
of Ordinuy, for Leavo to sell Land or Negroes, must
be published four months.
Notice that Application will be made for Letters of
Administ-alien, must be published thirty days, and
for Lcttcis of Dismission, six months.
ATHENS, GEORGIA, HAY 17, 1834.
NO* 0.
Doctors Linton and Palmer,
¥TAV1NG associated themselves
JfiLH in tho practice of
Medicine and Surgery,
in all its various branches, respect
fully offer thoir professional servi
ces to the public. They may bo
found during tho day at Messrs.
Linton and Bacon’s Drug and Modicine Store. At
night Dr. Linton will be at his residence,—Dr.
Palmer's Lodgings ore at Capt. Brown’s.
April 12—4—tf.
LAW.
T HE Subscribers having entered into co-partner
ship in tho PRACTICE OF THE LAW, will
attend to any business entrusted to their management
in tho Western Circuit, and Union, Lumpkin, Gilmer
and Forsyth counties in the Cherokee Circuit. Their
Office will bo kept in Clakkesvillr, Habersham co.
Georgia, where all communications to them will be
addressed. WM. U. STEELMAN,
JOHN IV. 11. UNDERWOOD.
April 3—Ct.
Bank of HawkinsYille,
Hawkinsville, April 16/A, 1834.
To His Excellency, Wilson Lumpkin.
Sir—I have the honor to present to yonr Excel-
lent y, in obedience to the act of the Legislature, a
statement of the affairs of this Bank, on Monday, the
7th instant.
I am very respectfully, your obedient servant,
JOHN RAWLS, President.
Nar.ies of the Stockholders in the Bank of Hawkins,
ville, on Monday, the 1th of April, 1834.
Names.
No. of
Shares
Am’t pd.
on each
Am’t pd.
by each
owned
by e’clr
Share.
Stock
holder.
II. 11. Tarver,
402
$50
20,100
17,600
J. Cowles,
352
44
J. 8 .one & Co.
100
44
5,000
J. H. Everett,
115
••
5,750
Wm. Godfrey,
15
44
750
J. Washburn,
252
44
12,600
John Rawls,
352
44
17,600
D. It. Halstead,
10
44.
500
N. IV. Collier,
10
“
500
D. Clayton,
352
* 44
17,600
J. O. Jelks,
10
44
500
Estate of F. F. Gatlin, 30
44
1,500
2,000 Shares 8100,000
A Statement of the situation of the Bank of Hawkins,
ville, on Monday, the 1th April, 1834.
DR.
Capital stock paid in, * $100,000
Bank Notes issued, 266,500
“ “ on hand, 58,110
“ “ in circulation,
Individual Deposites,
Due other Banks,
Unclaimed Dividend,
Profits,
208,390
7,613 75
4,530 49
129 37
8,659 65
Casl. on hand viz :
In Specie, • 60,208 77
“ U. S. Bank Notes, 1,575
“ Notes of other local
Banks, . 17,080
Due by Banks at Savannah, 12,741 73
“ Branch U. S. Bank,
Now York, 819 35
" Brand) State Bank, Ea.
tonton, 664 73
“ Mechanics’ Bank, Au
gusta, 636 91
“ Branch Marine and Fire
Insurance Bank Macon, 134 92
“ Central Bank of Geor
gia, 1,000 00
$329,323 26
CR.
78,863 77
Bills of exchange discounted
ru ining to maturity (all
considered good,)
“ lying over and not in
suit,
“ in suit,
188,786 99
2,895
3,650
Livery Stable.
r|’UIE Subscriber having purchased a gore assort-
*«- mcnl of CARRIAGES, consisting of several
GIGS,
A TILBGRRY,
A SULKEY,
AX ELEGANT TWO HORSE
Barouche,
AXD A—
GOOD FAMILY CARRIAGE.
ALSO
A number of -
Good! and <KcnlIe,
Horses,
Which he offers to Hire on
accommodating terms.
Travellers would find it to their interest to call at
this Establishment, as they can be accommodated at
any time, in travelling to any part of the country.
—also—
His STABLES are ready to receive any Horses that
may be entrusted to his keeping,
By t!lie Day, Week or JTIonfli.
Having u trusty and experienced Ostler, ho flatters
himself to bo ablo to please all who may call on him
in the above line of business.
li’Al! persons hiring the above named articles,
will be held responsible for all damages.
0 j*Cash in advance will bo required.
JAMES WITTER.
Athens, Jan. 25—43—cowtlSept.
Note! discounted running
to maturity, (all consid
ered good,) 32,216 87
“ 1; ing over and not in suit, 151
“ i n suit, 1,240
Bant.ing house and lot,
Expense account,
15,997 64
195,331 99
33,607 87
2,575 65
2,946 34
Trustees Meson Academy, 25
Robert A. Reid, 22
Sarah Adams, _ 20
William J. Banco, 20
John Moore, South Carolina, 20
N. & M. Murray, 20
Thomas N. Hamilton, 20
Alexander Spencer, 20
Jane Telfair, ' 20
Trustees Burke county Academy, 20
Ilosea Webster, 20
Win. B. M’Lcan, 17
John Edgar, 5
Ann E. Gumming, Trustee, 15
S. S. R. R. Jones, 15
George M. Newton, 15
Samuel Clarke, Trustee, 14
Robert Clarke, .14
John Bones, 10
Sarah G. Iluig, 10
Joel Martin, 10
Pillot & LeBarbier, 10
David Wardlaw, 10
LucyTsaac, ' 9
James C. Longstrect, 8
Isabella Bones, 7
James Harrison, 6
Francis Hamill, 5
Joseph Calhoun, 5
James & Wm. Harper, - 5
Thomas M’Gran, natural guardian
of Sarah M'Gran, - 5'
Alexander Martin, ' 5
W. W Montgomery, for J. S. Blair, 5
H. Fosbrook, 4
Joseph II. Lumpkin, 3
President, Directors and Company
of tho Bank of Augusta, 568
Joseph K. Kilburn, 5
2.500
2,200
2,000
2,ooo
2,ooo
2,ooo
2,ooO
- 2,ooo
2,000
2,ooo
2,ooo
l,7oo
5oo
1.500
l,5oo
l,5oo
l,4oo
l,4oo
l.ooo
l.ooo
l.ooo
l.ooo
l.ooo
9oo
800
7oo
600
5oo
5oo
5oo
* r*
600
5oo
5oo
4oo
3oo
56,800
5oo
6,000
$Goo,ooo
Shares,
A statement from the Books of the Bank of Augusta,
on Monday morning, the 1th April, 1834.
DR.
To Capital Stock, 6,000 shares of
$100 each paid in, 600,000
“ Notes this Bank issued, 1,311,041
*• “ “ on hand, 760,349 06
'* “ “ in circulation, 550,691 94
“ amount due to other Banks, 1,100 86
“ unclaimed dividends, - 5,840 00
“ deposites, 141,417 65
“ surplus, ; - ' 117,027 53
By discounted paper
running to matu
rity at Now York,
Charleston &. Sa
vannah, 241,660 85 241,660 85
** discounted at
other places, 589,582 79
$1,416,077 '98
CR.
$329,323 26
Georgia, Pulaski county—Personally appeared
John Rawls, President, and Dclamar Clayton, Cash
ier of the Bank of Hawkinsville, who, being duly
sworn, on oath, say, that the foregoing exhibit con
tains a true account of the situation of the affairs of
said Bank, on Monday, the 7th instant, to the best
of their knowledge and belief.
JOHN RAWLS, President.
DELAMAR CLAYTON, Cashier.
Svorn to and subscribed before mo, this 16th day
of April, 1834. D. B. HALSTED, j. 1. c
Valuable Property
FOR SALE, '
AND A GREAT BARGAIN OFFERED.
T HE Subscriber offers for sale his Plantation in
Twiggs County, containing upwards of
3000 Acres or Land,
Lying on, and extending at least six miles along, the
Ocmulgt e River, eighteen miles below Macon and six
miles from Marion, the road from the latter place to
Perry, Houston county, running through it, with half
the Ferry, across the Ocmulgce, which belongs to
the Plantation. Also,
5<D Likely Negroes,
Among them a good Plantation Blacksmith, with a
good sel. of Tools.
On the premises, is a good framed Dwelling House,
Bam, Gin House and Saw Gin; a Saw and Grist
Mill, on a tolerable stream of water—a good stock
of Mules, Cattle, Hogs and Sheep, besides a full sup-
ply of Provisions, Pork, Com, Fodder, &c. &c. for
tho next year, and all the necessary conveniences for
a Farm, such as Wagon, Carts, Oxen, Ac. &q. with
tho present crop now under preparation. All of
which will be sold with the Plantation.
A credit of one and two years will be given if do.
sired, for undoubted Notes.
Persons desirous of purchasing will call on Ids
agent on the premises, and examine the property.
R. H. MDSGROVE.
Augusta, Jan. 3,1831.—43—eow6ro.
For Sale, ■
A T the Cabinet Ware-House of the subscriber, s
first rate second hand-SOFA. It will be sold
vory low for cash. SAMDE:. FROST.
Feb. 22—49—tf.
Shares.
Amount
pd. in.
1,000
100,000
370
37,000
358
35,800
266
26,600
205
20,500
' 80
8,000
200
20,000
200
20,000
160
16,000
46
4,600
145
14,500
120
12.000
115 •
11,500
100,
10,000
94
-9,400
92
9,200
Bank of Augusta,
April 21 st, 1834.
To the Governor of Georgia.
S a—1 present to your excellency, in compliance
with the law, “ a minute statement of the standing
and management” of this Bank, prepared from
its hooks on the 7lh instant.
I have tho honor to be very respectfully, your
oboe lent servant. JOHN MOORE, President
List of Stockholders of the Bank of Augusta.
Names.
Ceil' ral Bank of Georgia,
Thomas Camming,
Riel ird Tubman,
John Campbell,
Hugh Nesbit,
John Carmichael,
John Cumming, Savannah,
John P. King, guardian of B
Keating,
Jam’s Gardner,
Will iam II. Turpin,
James Fraser,
John Fax,
Isaac S. Tuttle,
John rotter,
A. Waterman,
James Wardlaw,
N. Dclaigle, •
John Bones, Guardian of A. E.
White,
W. .1. C. Allen,
President, Directors and Company
oi’thc Slate Bank North Carolina, '68
Robert Campboll, 100
John Moore, ' 55
Mary Hill, * 53
Mary Hill, Guardian, - 53
Augusta Free School Society, 50
John Bones, Guardian of Geo. O. K.
Whito, ' 70
Ann E. Cumming, 50
S&TithW. Camming, <' " 50
S. C. Dortir, - - 50
Charles A. Harper and Charles W«-
- ters, in trust for Eliza Ann
Jackson, 50
George Jones, 50
Anderson Watkins, v 50
Robert Walton, Trustee, 50
Wai-lens and Vestrymen of St. .
Paul’s Church, 50 -
Will Lam Whitehead, 50
Jesse Mercer, _ 45
Fanny Moore, 50
R. A. Reid, Guardian, M. A. Reid, 40
Elnnbeth Reid, 37-
David M’Kinney, ' 35
William Bones, Charleston, 30
William Cummin?, - 20
R. A. Reid, Guardian, H. O. Reid, 87
Jostph Rivers, 26
55
100
73
Total amount
running to
maturity, 831,243 64
* discount paper
lying over, viz.
Under satisfac
tory security, 72,385 57
In suit, 67,161 89
Protested, but
not in suit, 13,204 25
831,243 64
Total amount •-
of lying over
paper, 152,751 71
152,751 71
Total amount *
of discounted
paper,
Of this is con
sidered good, 928,552 87
doubtful, 22,921 32
bad, 32,521 16
983,995 35
983,995 35
“ amount duo this
Bank by Banks
in New York, *
Charleston and
Savannah, 67,301 -11
“ amount due by
other Banks, 17,236 51
67,301 11
Total amount
duo by other
Banks,
84,537 62
84,537 62
" funds in hands
- of Agent Sa-
* vonnah, ’ 19,532 31
*t Notes of Bank
of the United '
States and lo- ” ’I
cal Banks in
good credit in **
South Caroli- -
. na and Geor- '
' gia, — 106,345 26
“ Specie com bo-' ‘ *
longing to this
Bank, and in"
its vault, - 177,393 30 303,270 77 203,370 77
5,500
10,000
7.300
6,800
10,000
5,500
5.300
5,300
5,000
7,000
5,000
5,000
5,000
5,000
5,000
5,000
5,000
5,000
5,000
4.500
5,000
4,000
3.700
3.500
3,000
2,000
2.700
2,600
Total amount of specie
funds, 612,232 73
“ real estate including Bank-
ing house. . --
" incidental expenses,
39,127 50
5,146 74
* $1,416,077 98
Georgia, Richmond rounty.—Personally appeared
before me, Western B. Thomas, a Notary Public,
John Moore, President, and Robert F. Poe, Cashier,
who being severally sworn, say, that they believe the
returns to which this affidavit is annexed, exhibits a
true statement from the books of the Bank of Angus-
ta, on Monday morning, the seventh day of April,
1834, that the character given therein to the discoun.
ted paper, was prepared from the report of a com.
miitee appointed by the Board of Directors for that
purpose, which rqport was subsequently considered
and approved by the said Board of Directors.
JOHN MOORE,
ROBERT F. POE.
Swom to before me, this 21st April, 1834. -
W. B. THOMAS, Notary PultUc.
V Standard of Union, Southern Recorded, Geor.
gia Journal, Augusta Courier and Constitutionalist,
Savannah Georgian, Macon Telegraph, Columbus
- Sentinel, Southern Banner and Miners Recorder will
pablisc. the Bank Reports for April, 1834.
NOTICE*
A LL persons are hereby cautioned against har
boring or trusting Mrs. Nancy Wright on my
account, aa I will pay no debts of her contracting
from this time henceforward.
ELISRA WRIGHT.
May 10. - 8—3t-
In the Senate on Thursday, the 17th of
April, several messages were received from
the President of the United States, end among
them the following
PROTEST.
{Concluded from our last.)
Tho custody of the public property, un
der such regulations ns may be prescribed by
legislative authority; has always been consid-
ered an appropriate function of the Executive
Department-in this and all otherGovcrnmeuts.
In accordance with this principle, everV" spe
cies of property belonging to'the United
States, (excepting that which is in the use of
of the several co-ordinate-Departments of the
Government, as means to aid them in perfor
ming their appropriate functions,) is in charge
of officers appointed by the President, wheth
er it be lands, or buildings, or merchandize,
or provisions, or clothing, or arms and muni
tions of war. The * superintendents and
keepers of the whole are appointed by the
President, responsible to him and removable
at his will. * - ' .
Public money is but a species of pub
lic property. It cannot be raised by tax
ation or customs, ^or brought into the treasu
ry in any other way, except' by law ; but
whenever or howsoever obtained, its custo-
dy always has been, and. always, must be,
unless the constitution be changed, intrusted
to the Executive Department. No officer
can be created by Cougress for the purpose
of taking charge of it, whose appointment
would not, by the constitution, at once devolve
on the-President, and who would not be res
ponsible to him for the faithful performance
of his duties. The legislative power may
undoubtedly bind him and the President, by
any laws they may think' proper to' enact;
Utey may prescribe in what' place particular
portions of the publiemoney shall .be kept,
and for what reason it shall be removed, as
they may direct that supplies for the army
or navy shall be kept in particular stores;
and it wjH be the duty of the President to see
that the law is faithfully executed—yet will
the custody remain in the Executive Depart
ment of .the Government. Were the Con
gress to assume, with or without a legislative,
act, the power of appointing officers indepen
dently of the President, to take the charge
and custody of the public property contained
in the. military and navnl arsenals, magazines,
and storehouses, it is believed that such an
act would be regarded by all as a palpable
usurpation of Executive power, subversive
of the form as well as the fundamental prin
ciples of our government. But where is the
difference in principle, whether the public
property be in the form of arms, munitions of
war, and supplies, or in gold and silver, or bank
notes 1 None can be perceived—none is he.
lieved to exist. Congress cannot, therefore,
take out of the hands of the Executive De-
partment, the custody of thd public property
or moucy, without an assumption of Execu
tive power, and a subversion of (be first prin
ciples of the constitution.
The Congress of the .United States have
never passed an act imperatively directing
that the public moneys shall be kept in any
particular place or places. From the origin
of the government to, the year 1816, the stat
ute book was wholly silent on the subject.
In 1789 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 the public moneys, without any di-
rection as to the manner or places in which
they should ’ be kept. By reference to the
practice of 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-
the public moneys should be kept, and spe
cially directed all transfers, from place to
place. This practice was continued, with
the silent acquiescence of Congress, from
1789 down to 1816 ; and although many
banks were selected and discharged, and al
though a portion of the moneys were first
placed in the' State Banks, and then in the
former bank of the United States,/ and upon
the dissolution of that, were again transferred
to the State Banks, no legislation was thought
necessary by Congress, and all thb operations
were originated and perfected by Execu
five authority. The Secretary of the~ Treas
ury, responsible to the President, -and with
his approbation, made contracts and arrange
ments in'relation to the whole subject matter,
which was thus entirely committed to the di
rection of the President, under his responsi
bilities to the American People, and to those
who are authorized to impeach and punish
him for any breach of this important trust.
The act of 1816, establishing the Bank of
(he United States, directed the deposites of
public money to be made in that'bank and its
branches, in places in which the said bank
and branches thereof may be established,
“ unless the Secretary of the Treasury should
otherwise order and direct,” in which event,
he was required to give his reasons to Con
gress:' . This 'was but a continuation of his-
pre-existing powers as the Head of an Exec
utive Department, to direct where the depos
ites should be made, with.the superadded ob
ligation of giving his reasonsAo Congress for
making them elsewhere than in the Bank of
the United States and its branches. It is
not to be considered that this provision in any
degree altered the relation between the Sec
retary oftho Treasury and the President, as
the Responsible Head of the Executive De-
partment, or released the latter from his con
stitutional obligations to “ take care that the
laws be faithfully executed.” On the contra
ry, it increased his responsibilities, by adding
another to the long list of laws which it was
his duty to carry into effect.
It would be an extraordinary result, if, be
cause the person charged by law with a pub
lic duty, is one of the Secretaries, it were less
the duty of the President to see that law faith
fully executed, than other laws enjoining du
ties upon subordinate officers or private citi
zens. If there be any difference, it would
seem that the obligation is the stronger in re
lation to the former, because the neglect is in
his presence, and the remedy at hand.
It cannot be doubted that it was the legal
-duty of the Secretary of the Treasury to or.
der and direct the deposites of the public
money to be made elsewhere than in the
Bank of the United States, whenever sufficient
reasons existed for making the change.. If, in
such a case he neglected or refused to act,
he would neglect or refuse to execute the law.
What would then be the sworn duty of the
President ? Could he say that the constitu
tion did not bind him to see the law faithfully
executed, because it was one of his Secreta
ries, and not himself upon whom the Service
was specially imposed ? Might he not be as
ked whether there was any"such limitation to
his obligations prescribed in the constitution ?
Whether he is not equally bound to take care
that the laws fee faithfully executed, whether
they impose duties 011 the highest officer of
State, or the lowest subordinate in any of the
Departments ? Might he not be told, that it
was for the sole pur pose of causing all execu.
tive officers, from the highest to the lowest,
faithfully to perform the Services requircd.of
them by law—that the people'of the United
States have made him their Chief Magistrate,
and the constitution has clothed him with the
entire Executive power of this Government ?
The principles implied in these questions ap
pear too plain to need elucidation. '
But here, also, we have a contemporaneous
construction of the act, which shows that it
was not understood Us in any way changing
the relations between tbo President and Sec
retary of the Treasury, or as placing the
latter out of Executive control, even in rela
tion to the deposites of the public money.
Nor on this point "are we left to any equivo
cal testimony. The documents of the Treas
ury Department show that the Secretary of
the Treasury did apply, to the President, and
obtain bis, approbation- and' sanction to the
original transfer of the public'deposites toihe
present Bank of the United 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 Bank of the United Sthtcs to State Banks,
at Chillicothe, Cincinnati, and Louisville, in
1819, were made with the approbation of -the
President, end by his authority.. "They show,
that upon all important questions appertaining
to his department, whether they related to the
public deposites or other matters,' it \yas the
constant practice of the Secretary of the
Treasury to obtain for his acts the approval
and sanction of the President. These acts,
and the principleson which they wore foun
ded, were known to all the departments of the
Government, to Congress, and the country;
and until very recently, appear never to have
been called in question.
Thus was it settled by the constitution, tlje
Jaws, and the whole practice of the Govern
ment, that the entire Executive power is ves
ted in the President of the United States ;
that as incident to that power,'the right of ap
pointing and removing those officers who are
to aid him in the execution of the laws, with
sutfh restrictions only as the constitution
prescribes, is vested in the President; that
the Secretary of the Treasury is one of those
officers ; that the custody of the public prop-
erty and money is an executive function,
which, in relation to the money, has always
been exercised through 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 measures having relation to
them, consults the Chief Magistrate, and ob
tains his approval and sanction ; that the law
establishing the Bank did not, as it could not,
change the relation between the President
and the Secretary-^-did not release the form
er from his obligation to see the law faithful
ly executed, nor the latter front the Presi-
dent’s supervision and control 7 that after
wards', and before, the Secretary did in fact
consult, and obtain the sanction of the Presi
dent, to transfers and removals of the public
deposites j 'and that all departments of the
Government and the nation itself, approved
or acquiesced in these acts and principles, as
in strict conformity with our constitution and
laws.
During the last year, the approaching ter
mination, according to the provisions of its
charter, and the solemn decision of the Amer
ican People, of the Bank of the United States,
made it expedient, and its exposed abuses and
corruptions, made it in my opinion, the duty
of the Secretary of the Treasury, to place the
moneys of the United States in other deposi
tories. The Secretary did not concur in that
opinion, and declined giving the 1 necessary
order and direction. So glaring were the
abuses and corruptions of the Bank) 30 ev, ‘
dent its fixed purpose to persevere in them,
and so palpable its design, by its money Upd
power, to control the Government and change
its character,that l decmedit tbeimperative du
ty of the Executive authority, by the exertion
of every power confided to it by tbo constitu
tion and laws, to check its career, and lessen
its ability to do mischief, even in the painful
alternative of dismissing the Head 9f one of
the Departments. At the time the removal
was made, other causes sufficient to justify it
existed ; but if they had not, the Secretary
would have hcen dismissed for this cause only.
. 18 P^ ace I supplied by one whose opin
ions were well known to me, and whose frank
expression of them, in another situation, and
whose generous sacrifices of interest and
feeling, when unexpectedly called to the sta-
tton lie now occupies, ought forever to have
shielded his motives from suspicion, and his
character from reproach. In accordance
with the opinions long before expressed by
him, he proceeded with my sanction, to mako
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 in that body to in*
terfere with this exercise of Executive pow
er. If the principle be once admitted, it is
not difficult to perceive whcre'it may end.
If, by a mere denunciation like this resolution,
the President should ever be induced to act,
in a matter of official duty, contrary to the
honest convictions of his'own mind, in compli-
ance with the wishes of the Senate, the con
stitutional independence of tho Executive De
partment would be as effectually destroyed,
and its power as effectually transferred to the
Senate, as if that end bad been accomplished
by an amendment of the Constitution. But if
the Senate have a right to interfere with the
Executive powers, they have also the right
to make thut interference effective; and if
the assertion of the power implied in the res-
olution be silently acquiesced in, we may rea
sonably apprehend that.it will be followed, at
some - future dnj% by on attempt at actual
enforcement. The Senate may refuse, ex
cept on the condition that he will surrender
his opinions to theirs and obey their will, to
perform their own constitutional functions ; to
pass the necessary laws; to sanction appropria-
tions proposed by the House of Representa
tives, and to confirm proper nominations
made by the President. It has already been
maintained (and it' is not conceivable that the
resolution of the Senate can be based on any
other principle) that the Secretary of the
Treasury is the officer of Congress, and inde
pendent of the President ; that the President
has-no right to control him, and consequently
none to remove him. With the same propri
ety, and on similar grounds, may the Secrc-
tary of State, the Secretaries of War and the
Navy, and the Postmaster General, each in
succession, be declared independent of the
President, the subordinates of Congress, and
removable only with the concurrence of the
Senate. Followed to its consequences, this
principle will be found effectually to destroy
ohe co-ordinate Department of the Govern
ment, to concentrate in the hands of the Sen-
ate the whole Executive power; and to leave
the President as powerless ds he would bouse-
less—the shadow of authority, after the sub
stance had departed.
The time and the occasion which have call
ed forth the resolution of the Senate, seem to
impose upon me an additional obligation not
to pass it over in silence. Nearly forty-five
years had the President exercised, without a
question as to his rightful authority, those pow
ers for the recent assumption of which he is
now denounced*' The ■ vicissitudes of peace
and war had attended our Government ; vio
lent parties, watchful to take advantage of any
seeming usurpation on the part of the Exec
utive, had distracted our counsels; frequent
removals, or forced resignations', in every
sense tantamount to removals, had been
made of' the Secretary and other officers of
the Treasury; and yet, in no one instance is it
known, that any man whether patriot or par
tisan, had raised his voice against it as a vio
lation of the constitution. The expediency
and justice of such changes, in reference to
public officers of all grades, have frequently
been the topics of discussion; but the consti-
tutional right of the President to appoint, con*
trol,- 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 States, a great moneyed monop
oly, had attempted to obtain a renewal of its
charter, by controlling the elections of the
People and the action of-the Government.
The use of its corporate funds and power in
that attempt, was fully disclosed ; and it was
made known to the President that the corpo
ration was putting in train the same course
of measures, with "the view of making another
vigorous effort, through an interference in the
elections of the People to control public opin*
ion and force the Government to yield to its
demands. .This, with its corruption of the
press, its violation of its charter, its exclusion
of the Government Directors from its procee
dings, its neglect of duty, and arrogant pro-
tensions, made it, in the opinion of the Presi.
dent, incompatible with the public interest
and the safetyof our institutions, that it should
-be Idnger employed as the fiscal agent of
the Treasury.. *A Secretaiy of the Treasury,
appointed in the recess of the Senate, who had
not been confirmed by that body, and whom
the President might or might not at his pleas
ure nominate to them, refused to do what his
superior in'the Executive Department consid
ered the most imperative of his duties, and
became in fact, however innocent bis motives,.