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* CONG KSB.
REPORT
Oj the Committee of Finance, on the Message
of the President on re-nominating the Bank
Directors.
Mr. Tyler, from the Committee on Finance,
to which was referred the Message of the Pre
sidetit, of the 11th of March, re-nominating
Henry D. Gilpin, Peter Wagner, J no. T. Suili
van, and Hugh M'Elderry, as Directors oi the
Bank of the United States, submitted the iol
lowing Report:
The Committee have icstowi d upon thesub
ject th ; reflection which respect for'the Chief
Magistrate would at all times command, The
President, at an early day oi the session, sub
mitted the nomination to the Senate, of live poi
sons, as Directors of the Bank ot the L uiteu
States. To one of these nominations the Se
nate assented ; and the person nominated was
appointed. In regard to the four others, being
the same persons now re-nominated to the Sen
ate, no definite decision was made until the
27th day of February, when they were each
sepa ately rejected by ayes and noes. The
subjects, in the mean time, with which these no
minations were in some degree connected, had '
undergone a fid' and elaborate discussion in the
Senate. The decision, therefore, was well cal- ;
calated to satisfy the. President that tne Senate
entertained decisive objections to the confir
mation of these four persons ; and the journals
of which the President usually sees a .opj,
could not fail to show tuat each and every one
of them was rejected by a clear majority of the
•whole Senate. The precise character oi the
objections taken by each and every member of
tire majority, or even the general character oi
such objections,it would be presumptuous in tin
committee to attempt to ascertain. They can
not be expected to go into private conference
■with members, and to interrogate either those
of the majoiity or minority, upon tins or anv o
fher questions, as to the r> asens oi their votes.
It must be obvious that from the Constitution of
the Senate; from the manner oi its pioceed
ings ; from the absolute right of every member
to vote for or against particular nominations tor
reasons of his own, whether others concur with
-him in those reasons or not, the grounds of the
votes of individual members can never be set
forth, nor authentically known. The Commit
tee cannot undeitake any inquiry int> such
grounds of individual opinion; nor do they
know any form in which the Senate itself, if it !
were so inclined, could compel individuals to
state the reasons ot their/votes, Ihe Com
mittee, therefore, o not suppose it pr per for
the Senate by any proceedings to be adopted
on its part, to undertake to set forth the reasons
of members for rejecting those persons. It is
enough that the Senate in the exercise, oi an
unquestionable constitutional ng. t lias refused
its advice and consent to the nominations. —
This has been officially certified to the Presi
dent, and the committee think there is no
mound for further inquiry*
' The t'r’-siueui innand. in
all light to inquire into tne reasons of the seen- i
ate tor rejectmg any nomination; and. yet the
message irnmemately undertakes to infer, from
facts and circumstances what lu ose reasons,,
which influenced the Senate in this c,.. se ' n,l ‘ s .
have been, and goes on to argue, much at
against the validity of such supposed reason,./
The Committee are of opinion, that if, as the
President admits, he cannot inquire into the
reasons of the Senate for refusing its assent to
nominations, it is still more clear that those rea
sons cannot, with propriety, be assume-., and
made subjects of comment.
In cases in which nominations aie rejected,
for reasons affecting the character ot the per
sons nominated, the committee think that no in
ference is to be drawn, except what the vote
shows ; that is to say, that the Senate withholds
its advice and consent irom the nominations.
And the Senate, not being bound to give rea
sons for its votes in these cases, it is not
-—nos wouF it Tie proper ror it, me committee
think, to give any answer to remarks founded
on the presumption of what such reasons must
usve been, in ihe present case. They feel
themsc.'ves therefore, compelled, to torego any
response Whatever tothe message of the Pre
sident, in tins as well by the reason
before assignee, as out respect to that high
officer. The President acts upon his own views
ot public policy, in making nominations to the
Senate ; and the Senate does no more wuen it
confirms or rejects such nominations. for
either of these co-ordinate departments to enter
into the consideration of the motives of the o
ther would not, atd could not tail, in the end to |
break all harmonious intercourse between them. i
This, your Committee would deplore as highly |
injurious to the best interests ot the country.
The President doubtless, asks himself, in the
case of every nomination for office, whether the
person be fit for the office ; whether lie be ac
tuated by correct views and motives-; ano whe
ther he be likely to be influenced by tho e con
siderations which should alone govern him in
the disci urge of his duties ; is he honest, ca
nable, and faithful ? Being satisfied in these
particulars, the President submits bis name to
the Senate, where the same inquiries arise, and
its decision should be presumed to be dictated
by the sarnie high considerations as those which
govern the President, in originating the nomi
nation. For these re .sons, the ( ommittee
have altogether refrained Irom entering into any
discussion of the li gal duties and obligations
of Din ctors of the Bank appointee by thi Pre
sident and feenate, winch iorm the mam topic
of the message.
The committee v»ould not feel that it had ac
quitted itself of its ob.’igations, if it did'not avail
itself of this occasion to call the attention of the
Senate to the general subject ot re-nomination.
The Committe do not deny that a right ot
re-nomination exists ; but they are oi opinion,-
that in very char and strong cas. s only, should
the Senate reverse decisions which it lias de
liberately formed .and officially communicated
to the President. In nnlitaiy and naval ap
pointments, it is possible that questions, not oi
persQnal fitness for office, but of the right of in-
dividuals to rank and grade, may’artse between
the President ami Sen to; and that nomina
tions mly be r< j< < ted, pe. t ing sti li questions,
which might properly be r< newed under othei
laws, or a new state ot circumstances. And in
regard, too, to diplomatic appointments, the
question n y, perhaps sometimes turn, not on
the fitnes- of the p rson nominated, but on the
propriety of any appointment, or of any .-u h
mission as is proposed. If new nf<>ru.ation
should be given, shedding new light satisfacto
ry to the Senate, in such case as it may be a
proper reason tor agreeing to m initiations once
rtje< ted; nor will the committee say that there
may not be other cases in which a person once |
rejected may be properly again presented to
the Senate. But the committee think that in a
ase in which the decision of ihe Senate has
cen deliberately made upon the sole question
of the fitness of the persons for the offices to
which they are nominated, and its assent has
been withheld, it ought not, without very strong
and clear reasons, to change that decision upon
are nomination. The conn ittee lias caused
t e journals of the Senate to be examined in
reference to the practice of re-nomination, and
tiiey find that, <lurin<_ the presidential terms of
Gem VVasbington, Mr Adams and Mr Jeffer
.sou, no instance ot re-nomination to office
once occurn u ; and set theie aie not wanting
instances oi the rejection of nominations made
by those iliustrious < itiz< i s, the motives, for
whi li it would be difla. uil now to ase< rtain. To
illustrate this, it is only.m cessary to seieit the
case • t ( olr nei Fishbur , a gallant soldii i of
the revolution, who was,n minatec bj General
Washington as the ( oilector of Savannah, am
was rejected by the Senat, . Alii.« >gh th. .
President was ol viousß n ortifi d by the deci
sion, the nomi ate n having b< < u i am in a
great rm asure upon his peisonal kuowli dge of
tho individual, he contented himself aitei the
rejection with addressing a letter to tin ‘ em.ti,
containing his reasons for the imnimalim of i
t cl. Fishburn, and acc. mpanteu that message
with the name of another individual.
During the administration ‘of Mr. Madison,
two instances occur of re omimitions of tin
same poisons to tne same offices to which th-y
iiad originally been nominated. Abraham
Quackenbash was nominated as an Ensign and
rejected—renominated and coiifiimec. Ami
George Brown was nominated a Collector foi
the first collection district of Maryland, ano af
ter a rejection, was renominated am confirmed,
j What reasons influenced the President to pi r
sue this course in the two instances rest rred to,
or the Senate to concur in it, the Co> mittee
have nov. no means of ascertaining. Luring
t e administration of Mr. Monro , tin instances
of renomination became more tr< quent; but se
veial <>| them were non mations to military ap
po ntments, and in a majoiity ol the cases no
wir. et vote rejecting the nominations had pass
ed the .• enatc- Thecas s . frenomin tmn b
Mr. Monrot; aitei a rejection, w< ic Jas. Ga s
den as .Adjutant Genetti an, Nathan Tows-n
as Colon. I; ( harles V.t? vent, as F avy A
gent and Duff Greet as e< eivt i; all of which
wtrepijitivu on .... ..... .. i„. two
1 first nominations Were pureb military, and in
volved an interesting and difficult qu< stion oi
grade, and in the <> ■r.iou.fil - Fit merit called
j for the most minute .u e.V qrat« mv. siig.itiou.
1 V hat motives imped, t, to tut- renoniination oi
the two last, the Committee cannot undertake
to say. During ’be four years oi Mr. J. Q.
Ida s ’ amuiri.-tiaiion. no instance oi renoni
ination appears tc have occurred; unless the
nomina l of Amos wb< >. nomina
tion previously made by M>- Momoe had been
postponed, anc that <1 Peter Sa.'.'ly, «hose nom
ination by Mr Monroe had been U P n ,he
table at tiie last dav of the bWsion, . o at
the commencement of the .-u< ceeuing iW ( u (
tive session was again presented to the Senate,
are to be considered as renominations. Since
the 3d of March, 18k9, four instam es of renom
inations, after rejection by thi J enatc, have oc -
curred. In two of these instances the persons
renoniinnteil were- again rejected; in thr thud,
tho nomination was agreed to; anu tiie fourth is
the case flow before us
The committee perceive, with regret, on in
timation in the message tbai tho Pr< sid nt mav
not see fit to send t the Senate the names oi
any other persons to be Directors of the Bank,
except those whose nominations have been al
ready rejected. While the Senate wul <x<r< i e
its own rights, according to its views ot its du
tv it wn'l<-av< to othei ■ fixers of the Gjvern
n.ent to decide for themselves on the maimer
they will perform their duties ih comn ntce
know no reason why the?e offices should not
be filled, or why, in this caso i?o iurthei nomm-
I ation should be made, after the £en a,t . IUS tx .
? ercised its unquestionable right < 1 rej«' fi fl g P ar
tit ular persons who have bee n nominate d, Jdiy
more than mother cases. The f‘enate will be .
ready, at all times, to receive ai-c consent to it. i
It c laims no authority to control hm in his nom- |
inations, bu u cannot surnenoei the exercise
of its own rigl t j oi deciding tor itself on the
propriety ot advising und consenting to appoint
ments to office. It cannot depriv. itsi It of its
own powers; it cannot surrender its own coiisti*
tutional character; it cannot, through apprehi n
sion of any consequences whatever, iorlcar
from ex re ismg its high duty of giving or oi re
! fusing its advice or consent to i,on.inations ot
the President, in all eases, according te iis con
scientious sense oi its ov n obligations to the
< Constitution and to the country , li these offi
i ces of bank directors remain unfillet., the fault
will not be the fault of the Senate, 'i h< case
’| is like others cases of rejection. In ot h< r cas
es, other persons have been nominated in place
of those rejet ted by the henatt and t onfirmed;
and, if a different course sh ill be ad pteu on
this, occasion, it is a coir sc for which the Sen
ate cannot bt r sponsible.
Their power P* "Uhl oldmg their asst nt from
the President’s nom'inations is not altogether
vam and nugatory; it g> v «‘ th ‘ n ‘ b > ,he
Consututmn to b< exenwd P r(l P er case “’
ami in their own discretion When exercised
by them, the rights of no other br »cn ol the
government art itifungi d; ik ♦ 1,1 '• • as tJl ‘
done its own duty, and, httYffiJ done this hon-
estly and conscientiously, it cannot fear any
consequent es.
'1 he committee recomm nd that the Senate
do not at vise and < onsent to the appointment
of these pt rsons thus re nominated.
'1 he report was read.
Th, S.enati procce ded to consider the mes
sage renonn ating Henry D. Gilpin, and
as bank directors.
On tlu ques mn, “W ill the Senate advise
and < unst nt to the appointment of Henry D.
Gilpin, Pett r Wagi r, John T. Sullivan, and
I!ug McLloeryi”
It was determine, in the negative—Yeas, 11,
J ays, 30.
On motion by Mr. CLAY,
The yeas and nays being desired by one-fifth
of the Senators present,
Those who voteu in the affirmative, are,
Messrs. Brown, 1 orsyth, Grundy, Hen
dricks, Hi I, King, <>i Alabania, Linn Robinson,
Shepley, VA hite, W right.
T hose who voted in the negative, are,
Messrs. Beil.'Bii.h, Black, Calm un; • ham
bers, (lay, (. layton, Ewing, h relmghuysen,
K nt,KmgofGiOigia. L eigh, Mangum, Moor ,
?. audi.in, Poinm xter, Porter, Pn ntiss, Prt ston,
Robbins, Silsbe., Smiu, boutbard, Sprague,
Swii’t, Tipton, Tomlinson, Tyler, Waggaman,
Webster,
CORRESPONDENCE OF THE MERCURY.
Ji athnigioi, vi ay, 1, Lb 34.
The Senate have rejectee the government
spies again, by and increased majority of 3U to
11. i i.e Message oi ihe Prsieentand the tie
pint oi the Committei on these worthies, will
be published, aim mmt increase the tide ot pop
ular .ndignation against ihe old Despot, who
seems delermim d to dragoon all branches ot
the 1 ov rnmerit into his will. Le declared pos
itively ttmt h< wcuJu nominate no otheis it the
L . nat< rejected the spies, and I suppose he will
kt ep iiis word.
Theie weie several memorials presented in
the benate to-day, from 1 ennsy.vama, reproba
ting the c ourse of the administration m relation
tothe removal of the deposites, &c. Mr. Me-1
Kean presented two: one from Northumberland, |
and the other from Branford County. They
entered into a labored argument to snow the
fallacy oi'all the reasons advanced to sustain the
Executive; anu then, aitei painting the desola
ti. n which had followed t..at measure, they de
nounce the President in lue most violent terms,
dir. AicKc an slab g that ti.t memorials were
signed uy th. great, st portion oi the voters in
both c ounties, ot both politn 1 partu s. Ihe
most influential Jackson men Were n.otig ihe
sig ir- «d < ach, atm they all com uired m the
opinion that a qu> stion of such vital impoi rance
to toe w iioit- c uuutiy, ought not U> be m«m< one
of party— Mr. W ebster asked Mr. McK. au il
. the expe rimeni was not generally deprecated by
the fi ic nos of the administration m Pennsylva
nia. aim Mi. McKean replied, that so lar a» ue
knew, it was a veiy unpopular measure; anu me
memorials jusi presented stated and pri.ved the!
la. t. Mr. McKe an also presented the proceed- .
inus nt a small cian f vifac e hunting patriotic
H< roites, who to the amusvmeui u* un.
Styled t. > m elves “Democratic, Republican,
Jackson anu Woli men!” The times of Praise
Go: Ban l>. nes appear to be tne mud. 1 which
I our ±ory politicians ure uesiiuus oi mpying;
and if report speaks true, we shall have a fresh
supply of soldi. >s in the District before long, in
ord r to admimst: r Mr. McLuffie ’s recipe to
the C< ngress of the L mteu Mules. Mr. Lfay
presfcuti d «. memorial from Bai.. Eagle town
ship in ( ntre County, Pennsylvania, denounc
ing the removal ot the ueposites, the Protest,
and every other despotic act of the President,
which were neithe r few nor inconsiderable. —
Ih. y lalk very plainly of i tsisung al ail haz
ards, the lawless, usurping anu vindictive • ourse
of the President. Mr. Chaniut i s presented the
proceedings of ti.e people ot Baltimore, to the
numbei oi te n thousand, who had met te try
the Prot. st agr al l to tiie desire oi the Presi
dent. They touim the Hero guilty on almost
eve ry count in the indictment, of conspiring x
gainst the constitutional rights of the benate,
ti c Republi- an in.-titutmns of the country, and
tu. hl.< rt es of the people ln< advocates on
the. trialhao all been the warm aim early inenus
of the President, Messrs. Harper, Kene. y and
Me Mahon. The latter gentlemen, is decided
ly on- of the most piomi ing men in the United
States. In the House, they are nibbling at the
Approbation Bill They are not willing to let
Jackson get mom y te. hold out as baits to mem
bers ol Congress to betray their constituents.. .
Correspondence oj the Baltimori Patriot.
Washington, May 1, 1834,
1 An important day this has been. Again the
Government Spies, as Mr. L ailioun called
have been thrown overboard,- anu what
i !s the mvre jovous, the Jackson men nave come
Ito our aid. Iht: >• • “ onl “ a,eo ol thte
United States’ Bank imVe been rejected again,
ayes 1 HIRIY- nois fc} ciitenl 1 ipton went
with us, and so did King,otG<orgia,aim Moore,
ot Alabaii a. Even Benton found the pili too
Litter to take, arm he was not in the Senate.
| This is a great, a signal victory for the Senate,
the country, for liberty and the constitution. .
The days of the Idol have departed.
As the injunction of secrecy has been remov- |
ed, we shall soon have a copy of tne record
published, . nd with it the President’s Message,
and V’.ebsttr’sßeport. This essagt, 1 am
told, ac.vanc<s principles as monstrous as those
advanced m the Piotist, ano, u coup detat, as
M i . Ritchie < alls the P.otest, will uo just about
as much good to the administration. Never
did w. h ve a betti r illustration than we have
had tor the few nays past ot the olu lalm quo
tation, n Deu- vult perderi, pnus otmi
tat.” U uoes se< m,as if the Ki.cien Imherm
a<> sagacious, were tn fact demented. As tor
W ebster, we can trust him to answer what may
i come from either of the Cabinets.
, The discussion in the Senate to-day was be
gun by Mr. Chambers; who led ofi in a speech
of about an hour and a half in length, on pre-
■ senttn,. your Baltimore Resolutions. i his
■ I speech called up Grundy,—and an encounter of
wits and words followed, branching off into the I
Panama Missi n <i< bate; and Gtut cy’s old
votes and speeches for the United t fates’ Bank
during tie war and towards the < lose of the war.
Clay said it was a W hig Bank. Grundy replied
that it was the first time he ever h<ard a bank
called a . hig. Clay told him he was in favor
of the U. S. Bank in 1814. Grundy denied it,
and Clay read a resolution he offered in the
Congress of 1814, for the establishment of a
Nation. 1 Bank. Grundy sai< that it was only
a resolution lot enquiry, ( lay then read a
speecn of Grurmy’s. Grundy then told Clay
he was only in his condition, lor Le bad chang
ed his opinion on thi. question, but he would
plead theN. Y. statute oilimitations, and square
accounts with Mr. Clay. Grundy is a good
natured Jackson man, with a Whig heart, and
the soon, i he parts with bad company the bet
ter
Extract of a Leiter from Washington, to the
Editor oj the Philadelphia Saturday Evening
Post.
This is creeping out with the use of ambigui
ties; but what snail be said ol alterations made
ill th. Protest to be sent to the Globe, lor dis
tnbmion among th< people? I will state the
facts as they transpir. d in th> Senate. Mr.
Ewing states that 40,U00 of the Protests had
b. en printed for distribution, but tLat before
they weie struck off, tnere were sundry altera
tions made in it, so as to make it 1> ss reprehen
sible than when read to the Senate ! ! calling
Mr. Taney “ the” Secretary of the Treasury,
instead of “my” Seen tary. The Secretary of
tin Senate being called upon to state bow this
was, declared that Mr. Douelson, tne private
secretary of the Presid- nt, came to him »>n tne
day succeedinglhe presentation of the Protest,
and asked to be allowed to make a few verbal
alterations oi errors winch he sam existed in
the document. But the Senate Secretary be
lieving that he bad no authority to allow such
' change, told Mr. D. that it could not be done,
but afterwards at Mr. D’s dictation he had
made pencil marks above the words in the paper
I proposed to be struck out, which now remain.
Mr. Clay called the Senate and the whole
country to witness, that the day after a Docu
ment sent to the Senate by thi President of the
United States was read and debated, the Presi
dent sent is private Secretary, and alters its
phraseology, and distributes it to tiie people,
withits most odious features comealed ! !
Fi om the Washington Jh'eics.
A PREDICAMENT.
If any thing wi re necessary to prove the
subserviency of a Party to the nictation of one :
man, there is amusing evidence ol tne tact in
the conduc of the friends of Gen’l. Jackson,!
with leference to his Protest. Soon after it
was published, it was lauueu to th. skies tor
the democrat y of its principles, tor -the precis
ion of its language, sot its correi t delineation oi
the powers ot Congress ami ot the President.
1 In the cityof New-York, a meeting was called '
j to express .heir entire approbaiK-n of this au
tnir.ible State-Paper. It was eclared to be a
""‘V Q, ‘- u<< at anu glorious toui
ensemble. It was the very thing, in rctcrvr.ee
L> that part, in which the President claims the
< ntir< cus.o. y of the pu. be money, one of the
i cs> lutions Declares mat it i$ a “ Slate Paper in
which the duties oj the Executive, in eejere. ee
to the Treasury Leparime t, arc de. rly a.id
c< erectly expounded, according to the spirit as i
well as the letter oj the Coastliulion. ,, But what I
follows? In the midst oj th. u joy and rejoie- >
mg, a suppleim nta. message comt s, in which
tin Pie ident states, to then confusion, that h<
uid not mean what he said—that he discards the
only meaning of which this document is suscep- i
tible. The quere is, what will these committed \
. triends of the . r side nt out Will they persist
in the correctness of their resolutions, and laud i
the Protest and not the disclaimer, or act out:
the part of‘Guzzle,” m the following unpubhsh
i d Tragedy:
“Lord Brimstone. — This ebony cudgel is
white, ano I take the responsibility ut maintain—
mg it.
Guzzle.— Unquestionably, my Lord ; it is the
purest while I ev< i saw.
Lord B. Since I’ve got on my spectacles 1 find
it black ; I was mistaken, dll any rate il
shall be black.
Guzzle. Black as the devil hnnselj ; and I’ll
be sworn to it, before seventy-five inquisi
. tions.”
UNION STATE RIGHTS.
i The Unionists have the effrontery to call
themselves State rij. hts men. W hat do they
mean by State Rights?
Do they belu ve m the South Catolina doc-I
trine, which is the old Virginia ami Kentucky
doctrine, of Nullification? u.
Do they believe in the present Virginia doc
trine of Secession? If yea, they must ackowl
edge that the State has a claim to their whole
allegiance, if she Las a rigut, at any time, by
. seceding, to release them from all obligation
whatever to the federal Government. But, we
understand that ablmtigh no formal public re
cantation has been made by or for Lol. Dray-
■ ton, of his belief in the right of sect ssi< n, yet
■ after consultation among themselves, the.Union'
! party have found it convenient tv their pi esent
purposes, and their present argume .ts, to re
solve not to believe in the right oj secession.
We ask them, then, what is th< Mate nights
in which they believe, the exercise of which cun
be available against the usurpation and oppres
sion of the Federal Government? If besides
thinking with the Cowrie*, that the idea of the
Federal Government beeou ing a marked mon
archy’under the chi cks and balance.- of thesys
t; m, is laughable- they also think that Feder
al usurpation and oppressioi, in any other shar‘d
is impossible—then what is the use of State'
Kights, or what their sincerity in affecting to
value them? But if they admit that there may
he Federal oppression an<: usurpation—ami yet
deny the right of Nullification and the right <.f
Secession, we ask them wbai State rights they
.lai.n except such as Congress, th- Judicial.
‘j and the President, may graciously allow them .
I From the Washington JVelrs,
THE PROTEST.
The principles recently' avowed by the Pres
ident in his celebrated Protest, to the benate of
the Unites. States, have shaken the confidence
of many of his friends, anu confirmed the
opin on of his opponents, that the prominent
acts of bis administration, evince a disposition
toci.ncentiate all the powtrs of the Govern
ment in his hands. After assuu mg. rriaiiv po
sitions and claiming many powers, that are
alike ur< concilable with the Constitution, and
destructive of the rights of a >n or-dinat. branch
of our Government, the President in this strange
docurn. nt. gravely informs the Senate, that
“ Congress can not therefore take out of the
hands of the Executive Department, the custody
of ihe public propei ty or money, without an as
sniiijdion oj Executive power and a subversion
of the first principles oj lhe Constitution.” Ihis
new ami alarming a-sumption of power, this
bolu declaration that the property and money
“of the Pcople are in the custody oi the Pres*
ident, and beyond the control and legitimate
supervision of Congress itself, produced upon
its annunciation, a burst ot indignation that has
compelled thi Pnsident io explain away the
m<>st matinal part of this objectionabl manifes
to. His retraxit sho s, what the voice of the
People, when b- Idly assembled, > an accomplish.
And i demonstrut. s also that th. President
either does not understand what he s. to
< .ingress, <>r can shift with great convenience. .
his opinions uno principles. AA e place, in jux
tapositi. n, an extract from the Protest and the
Coaici!, to siiow our reavers how admfrably
they han. onize.
xi, Jackson on Thurs- JI Jackson on JWbn
day day.
Public tn ney is but It was not my ioten—
a spe< les ot puohc pro- tion to deny in the said
perty. It cannot be message, the power and
laiseu but by taxation or right oi' tne legislative
customs, nor brought department io provide
into tiie treasury in an by law for the custody,
other way, except y safe keeping,and dispo
law; but whenever m sition of the public motto
howsoever obtained, its ey and property of the
custody always has U. States.
been, and always must * * * * *
be, unless ihe constitu- I admit, without re -
tion be changed,nittust- s rve, as I have before
eu to tne Exe’t ve De- done, the constitutional
paruue..t. Ao officer power oi the Legisla—
can be created by Cun- ture to prescribe, by
gross tor tiie purpose < flaw, the place or places
taking chaige of it, in which the public mon
wtiose appointment ey or other property is
w um not, oj tue con- to be d posited ; and to
I stitution, ut once de- make such regulations
! voive on tne Pr. si ent, c ncerning its custody,
I atm who would not be removal or disposition,
lesponsiole to him tor as they may think pro
tiie i.iitnful perform- per to enact. Nor—
ance oi his duties. Th< 1 claim for the Execu—
legi dative power may tive any right to the
unooubtidly binu him [possession or disposi
atid the President by tmn of the public pro
any laws mat they may perty or treasure, or
thick pioper to enact ; any authority to inter*
tiii yma urescnLe in fer with he same, ex—,
wuai place parllcuiaf cepf wße
portions oi the pul lie sion, disposition, or au-'
moneys shall be kept, thority, is giver to him
anu lor what reason it by law. Nor do I claim
ay lie removed, as ihe right in anj u.anner
th y ma . .direct iiiat to supervise or interfere
I supplies for the army or with the person entrust
-1 navy shall lie kept in ed with such pioperty
; particular stores ; anu or treasure, unless he'
it will be the duty of tiie‘be an offici r whose ap
t'resident to sec that p< intment is, under the
. thi law is faitnfulh ex- constituti n and laws,
ecuted, — vet will the devolved upon the Pres
! < ustody remain in t eK t nt, alone, . r m.con-
Exec’tive Department junc non witU th. Sen
-lof the Government.— ate, and tor whose con
| Were the Congress to duct he is constitution*’
assume, with or without ally responsible.
a legislative act, the
power of appointing ot
ficers iniiepvi.uentiy of
the President, to take
the charge anu custody
ot the public pioperty
contained in the milita.y
and naval aisials, ma
gazim sand storehouses,
it is believed that such
an a. twouk. be r.gaid
ed by all as a palpable
usurpation of Executive
powei subversive ot tne
orrn as well as th fun*
darnent.il principles of
■ our uoverturn nt. But
where is the diffi ience
in principle, whether the
public property be in the
to m ot arms, munitions
of war and supplies, orj
in gold or silver, or bank
notes ?—None can be
perceived—none is be
lieved to exist. Con
gress cannot therefore,
take out of t e hands of
, the Executive Depart
ment, the custodj of the
public property or mon
ey, without an assump
tion of Executive pow
er, and a subversion of
the first principles of
the constitution.
Unfortunate. — At Marion, Twigs county, ob
Friday ‘>ii inst u dispute occurred between two
UXeP.,J«h»e-J*tttcbcr"afict Joseph Sawver. when
Hatcher nibbed his fist in Sawyer’s face ; upon
• whicii the latter struck his antagonist several
. laws on the head, with a heavy walking stick.
Hatcher was completely stunned, and never had
his nason afterwards—be died of his wounds
on mo ay, sth inst. Intemperance has thus
added an dher to its many crimes, for it was
indeed, tne cause of this unhappy event. Both
men had families,— -JWacon Messenger.