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The General Appropriation Bill.

[MAT 2, 1834.

made to a former President of the United States, by this treaties; but that when a treaty stipulates regulations House, to furnish the documents relating to an important on any of the subjects submitted by the constitution to treaty with Great Britain, commonly known by the title the power of Congress, it must depend for its execution, of "Jay's treaty." That treaty had been made in due as to such stipulations, on a law or laws to be passed by form by the President, and ratified by the Senate, and it Congress; and it is the constitutional right and duty of contained a provision for a certain disposal of money, the House of Representatives, in all such cases, to which called for the action of the House of Representa- deliberate on the expediency or inexpediency of carrying tives. Every one knows that the treaty was the subject of such treaty into effect, and to determine and act thereon more contest than almost any other measure in the histo- as, in their judgment, may be most conducive to the pub ry of this Government. A majority of the House disap- lic good.

proved of it, and they called upon the President for the "2d. Resolved, That it is not necessary to the proprie correspondence and other papers in relation to it. Presity of any application from this House to the Executive dent Washington declined complying with that call, and for information desired by them, and which may relate to

assigned for reason the very position now assumed by the honorable chairman, that the treaty having been made, the House was bound to appropriate the money, or to show that the appropriation would be improper.

any constitutional functions of the House, that the purposes for which such information may be wanted, or to which the same may be applied, should be stated in the apple cation."

[Here Mr. ARCHER interposed, and said he had advanced Here (said Mr. A.) the House proceeds to deliberate on no such principle. What he had said was, that when the the expediency of fulfilling this treaty. But how could

President, with the consent of the Senate, had established

a foreign mission, the House, as a co-ordinate branch of the Government, was bound to pronounce that it had been rightly done, unless very strong reasons existed to warrant an opposite conclusion, and was not bound to wait until the mission was proved by the Executive to be a fit and proper one.]

they have done so had they been foreclosed by the act of the President and Senate? or if the burden of proof was on them, and not on the Executive? Their application war for documents which were considered as the evidence the propriety of the provisions of the treaty. The princ ple then assumed by this House has remained as an acknow ledged principle of its action ever since. Even in resper to treaties, which are solemn compacts giving rights

Exactly so, said Mr. ADAMS; it comes to the same prin ciple in the end. The material passages of the commu- foreign Powers, the House has always insisted on havn nication from President Washington are in these words: submitted to it the evidence of their expediency. Th "Having been a member of the general convention, same principle applies to appointments-only with m and knowing the principles on which the constitution force; for here there is no compact with a foreig was formed, I have ever entertained but one opinion on Power, nor any violation of faith, if the appointment sa the subject; and from the first establishment of the not be provided for. The appropriation called for Government to this moment, my conduct has exempli- be refused, and no injury ensue, which is not the ca fied that opinion, that the power of making treaties is with treaties; and therefore this case is not so strong exclusively vested in the President, by and with the that I have mentioned. I therefore am led to hope th advice and consent of the Senate; provided two-thirds the honorable chairman will reverse his opinion sustaan of the Senators present concur; and that every treaty the position taken by the chairman of the Committee made, and promulgated, thenceforward became the Ways and Means, that the burden of proof lies up law of the land. It is thus that the treaty-making power member of the House who opposes the grant of a has been understood by foreign nations; and, in all the money called for by the Executive department. It is t treaties made with them, we have declared, and they more necessary he should do so, as he knows the we have believed, that, when ratified by the President, with attached to his opinion by this committee. In my jual the advice and consent of the Senate, they became obli- ment, no more dangerous principle can be advanced, a gatory. In this construction of the constitution, every none more threatening to the rights of the people. It House of Representatives has heretofore acquiesced; and a principle I never can act upon. I may be satisfied until the present time not a doubt or suspicion has appear evidence more or less complete, or by my confidence ed, to my knowledge, that this construction was not the an executive officer, but I must call for evidence of som true one. Nay, they have more than acquiesced, for, till kind; nor can I permit myself to be told that, if I obje now, without controverting the obligation of such trea- to a grant of money, it is my business to show that t ties, they have made all the requisite provisions for carry- not needed by the Government.

SO

ing them into effect."

With regard to a great part of these missions, the

"As, therefore, it is perfectly clear to my understand- formation afforded by the honorable chairman is entir ing, that the assent of the House of Representatives is satisfactory; particularly that in reference to Belgu not necessary to the validity of a treaty; as the treaty With regard, however, to some of the South Amer with Great Britain exhibits in itself all the objects re- Governments, the information is not altogether sata quiring legislative provision, and on these the papers tory. Still, however, I do not think it would be prop called for can throw no light; and as it is essential to to strike out any of the items which are designed the due administration of Government, that the bounda- missions where our minister is now at his post. Be ries fixed by the constitution between the different de- desire that when we shall come here, at the next sess partments should be preserved, a just regard to the con- of Congress, the chairman of the Committee of Ways stitution and to the duty of my office, under all the Means, or whoever shall, in his place, transact busin circumstances of this case, forbid a compliance with with the Executive department, will remember this your request." bate; and that this House will adhere to its right to On receiving this message from the President, the mand information whenever it is called upon to ve House took it into consideration, and came to the follow- money for the use of Government. ing resolutions:

As to the appropriation of $4,500 which the honors "1st. Resolved, That, it being declared by the second gentleman so often repeated, it is less than the dust section of the second article of the constitution; 'that the balance to me in this matter. I never have risen, s the President shall have power, by and with the advice never shall, in this House, on a mere question of mone and consent of the Senate, to make treaties, provided It is the principle I regard.

two-thirds of the Senators present concur,' the House Nor do I subscribe to another principle advanced of Representatives do not claim any agency in making the honorable chairman, and on which his justification

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The General Appropriation Bill.

[H. or R.

most of these missions mainly rests, viz: that because our will allow me the help of any ordinary book of geograeitizens have commerce with these Governments, there- phy, to show him that we ought to have six thousand fore we are bound to keep up diplomatic relations with ministers, at the very least--a diplomatic body equal in them. Have we no commercial relations with the island number to our army. If we have not political relations of Cuba? Our commerce with that single island is equal with all these places, we have, at least, commercial interto what we have with all seven of these South American ests sufficient, according to him, to justify, at any rate, republics.

[Mr. ARCHER here observed that we had a minister to the Spanish Government.]

True, sir: but we have at the Havana nothing more than a mere consular agent; and the presence of such an agent is found to be sufficient. He has no outfit; he has no allowance for goings and comings; he does all the business, and is glad to get his $2,000; and that is the

the employment of charges des affaires. Among others, there is our sister republic of Hayti; she has manifested as strong desire to hold commercial relations with us as any Government on earth. Hitherto, indeed, we have always said "Hands off! We don't like your color." We have had no better reason; for we certainly have a very valuable commerce with Hayti; and our citizens have had claims there. And further: I can tell the gentleman, we

Sort of representative we ought to have had with all these have had agents there to present and prosecute those Governments, save that of Mexico. The mission to claims, but the answer they got was, "First acknowledge Mexico, I have already intimated, is, in my judgment, our Government, and then we will talk with you about - proper and necessary, and the information on that subject claims." But we have preferred sacrificing our claims to to me entirely satisfactory. But when the honorable recognising their existence as a sovereign state. It is a gentleman says that, because we have commerce with a policy I have always approved; and I only refer to it now foreign nation, we must therefore have a minister there for the purpose of showing that our having large claims, is a matter of course, he introduces a totally new princi- and a valuable commerce with a foreign country, forms ple. We have always had two sets of relations with no valid reason why we must send a minister there. A foreign nations, viz: commercial and diplomatic; and it well-qualified commercial agent would exert much more sever has been assumed before, that, because we have power in the Governments to which he had referred, the one, we must therefore have the other. than any diplomatic representative you can send, be his The gentleman's argument proves too much. Accord-rank what it may. The chairman of the Committee on ng to the principle he lays down, we ought to have for this Foreign Affairs thinks the services of a diplomatic agent -me republic of Colombia three ministers instead of necessary to notify, with due solemnity, to any refractory me. When an appropriation was asked on a former oc- foreign Government, the existence near at hand of negoasion, I remember putting to the same honorable gen- tiators in the shape of men of war. For my own part, I Meman, then holding the same station which he now must confess that I retain some little regard for the conpccupies, where the republic of Colombia was? and I stitution, and that I should prefer a resort to it to employhink I never saw any person in my life more perplexed ing the guns of a frigate; as I apprehend the latter not to answer an ordinary inquiry. The gentleman went for be the best of all means to get the allowance of private nformation to the Department of State; and they could claims. To propose such a reliance was what I had not give him no information. All knew where it had been, expected from the honorable chairman. I know the time but where it then was nobody could divine. A very in- when my friend was up in arms at the very idea of a

President of the United States being at war with a foreign
Power without the previous action of Congress.

(Mr. ARCHER here interposed to say that he should he still.]

elligent gentleman from Louisiana, now no longer a member of the House, afterwards congratulated my friend on his discoveries in physical geography. It is no longer question now, for the gentleman has given us a very full tatement of its extent. and all its ports. But it is not in I have no doubt of it. But, then, what becomes of his his bill. There is provision here for a minister to one argument? He would have a minister at these Govern. of the Governments into which it has melted. We have ments to say "there is a seventy-four, or a thirty-six gun

in item for a charge to New Granada; and the gentleman frigate." Well, sir, what then? Why, if they are not has told us of two other Governments, one of Venezuela, terrified by such an annunciation, he would batter down And the other of Ecuador. There was great difficulty, their towns about their ears. Sir, is that war? or is it at the time I referred to, about the ports and harbors in peace? He is for going against the law of nations. He This republic of Colombia. I told the gentleman that he is for having peace or war according as the state of our seemed to be like the king of Bohemia, who had no sea-commercial relations for the time being may, in the ports in bis dominions. The gentleman was completely opinion of our minister, require. I say that I do not like ta loss: he told us that it was absolutely necessary this raising of our crest on every question of commerce

there should be an appropriation for a minister to the republic of Colombia: but the difficulty was to say where that republic was to be found. For myself, I did not pretend to be prepared to act, or to know any thing about The matter. There happened to be present, at the time, two very intelligent French gentlemen, commissioned by their own Government to travel through the United States, and collect information on the subject of our Penitentiary discipline. One of them was afterwards in company with me, and, referring to the scene, said he bad never been so highly entertained.

It amused him exceedingly to hear a member of a legislative assembly rise and ask where the republic of Colombia was? The difficulty, however, is now over. We do know where this lost republic is; or rather, where it was. Still I insist that the principle assumed by my friend proves too much, and thereby runs a great risk of not proving enough. According to his doctrine, we ought to have a minister in Austria; another in Venezuela; another in Ecuador; nay, sir, I should not despair, if he

that may chance to arise, and telling the Government of another country that, unless it is settled according to our views, we shall batter their towns about their ears.

And now I come to what was the principal object of my motion. I have said that the explanation given by the honorable chairman of the Committee on Foreign Relations, with respect to Buenos Ayres, was not satisfactory to my mind. And, in explanation of my views on that subject, I will ask the attention of the committee to a few other facts in relation to it.

Let me first refer them to the message of the President of the United States to Congress, on the 6th of December, 1831, at the commencement of the first session of the last Congress:

"In the course of the present year, one of our vessels engaged in the pursuit of a trade which we have always enjoyed without molestation, has been captured by a band acting, as they pretend, under the authority of the Government of Buenos Ayres. I have therefore given orders for the despatch of an armed vessel, to join our

H. or R.]

The General Appropriation Bill.

squadron in those seas, and aid in affording all lawful protection to our trade which shall be necessary; and shall, without delay, send a minister to inquire into the nature of the circumstances, and also of the claim, if any, that is set up by that Government to those islands."

This expression, "I shall, without delay, send a minister," puts me in mind of what was once said by the predecessor of the present President-that he should send a minister to a certain Congress. When such language was used by that individual, it took both Houses of Congress months to decide whether he had violated the constitution or not. But we make nothing of these things now. It is not within my recollection whether Congress gave the President the force he asked for, or not. There was, at any rate, always force enough left. Soon after, a charge d'affaires went to Buenos Ayres to settle our differences with that Government. He remained about the average time of our ministers continuing abroad-about six weeks; and he then came to what is considered a rupture between nations; that is, he demanded his passports and came home. We had, at that time, a consul there,

[MAY 2, 1834.

It is now nearly eighteen months since, and the Presdent has not merely refrained from communicating information as to the state of our affairs with a nation with whom we were at the point of war, but he has given us, when asked for it, a full and flat refusal. What has been the foundation of such a procedure? It is what the hon orable chairman has now told us, that a minister was expected from that Power. But no minister has been sent The matter remains to this day just as it stood then; a now we are called upon to make appropriation for the salary of a minister to that very Court. tion, the nature of which ought to have been commu

It was a

transac

who had had a voluminous correspondence with the Bu-cated to the House at that time. It was material that

this House should know that the nation was nearly in s state of war. Our minister had demanded his passports they were granted, he came home, and the whole cortroversy was published by that Government in this pam phlet. I cannot but observe that, if this is to be cited as a example of the manner in which the Executive treat this House, it will conduce but little to the preservation of harmony and mutual respect between co-ordinate branches of the Government.

enos Ayrean Government, which was continued by Mr. Baylies. That correspondence-I have it here in the Spanish language-was published by the Buenos Ayrean Government as a manifesto to the world against the honor of the United States. I do not blame our charge d'affaires: I trust he did no more than what was called for to maintain the honor of his country; and that he had good reasons for demanding, as he did, his passports, and leaving that Court. What I want is the certain knowledge that it is so. I want a communication from the Executive, I do aver that there is, in this pamphlet, matter whal explaining to us how the matter stands. That is the real ought to have been communicated to Congress. The ground of my motion. I think that this information has honorable chairman says he would not be the first been improperly withheld; for it is now a year and a half vance, after such a state of things had occurred. B since our minister returned. If the information is correct what is the state of the case? A minister was expecte

that he was in personal danger at that Court--as our consul certainly was in danger of his life, both from popular exasperation and from a capital offence charged upon ham, as this pamphlet shows--we ought to know it.

At the last session of Congress, a resolution was adopted by this House, at my motion, in the following words: "Resolved, That the President be requested to communicate to this House, so far as, in his opinion, may comport with the public interest, the correspondence between the Governinent of the United States and that of the republic of Buenos Ayres, which has resulted in the departure of the charge d'affaires of the United States from that republic, together with the instructions given to the said charge d'affaires."

(For at that time it was possible to get through this House a call upon the Executive for inforination. It has been with deep regret I have found that it is very different now. I have been able, during this whole session, to get but are stich resolution through.) And what was the __answer? It was in these words:

"WASHINGTON, December 28, 1832.

"To the House of Representatives:

"I have taken into consideration the resolution of the House requesting me to communicate to it, so far as in my opinion may be consistent with the public interest, 'the correspondence between the Government of the United States and that of the republic of Buenos Ayres, which has resulted in the departure of the charge

to a

eighteen months ago, and the same state of things con tinues still. For what are we asked for a minister's salary Is he to go to the Court of Buenos Ayres, and ask parda in our name for what our minister has done?

I say, again, that there is high matter in this negotia tion. There are principles here very elaborately di cussed, and an appeal upon them is made to the whole world. On what ground is it that we are asked to send minister to the very Government which is thus accusin us before the whole civilized world? But it is late: am as I have said most of what I was desirous of saying the committee, I will not longer intrude upon their time With respect to the explanations given by the honorabl gentleman in relation to the other Powers, I am satisfied but in relation to Buenos Ayres, I am not.

Mr. WAYNE rose, but gave way to

Mr. MERCER, who moved the committee rise, whic was negatived: Ayes 66, noes 81.

Mr. WAYNE proceeded to say that the impatience the committee, at hearing a speech at so late a period the day, admonished him of the propriety of permittin the question to be taken. But the earnest manner

which the ge gentleman from Massachusetts [Mr. ADAMS had urged his objections, induced him to submit one two observations in reply to his views upon the power the House to examine into the necessity and propriety foreign missions which had been established in the usu form. In the cases put by the gentleman, he believe that there was no member of the House who doubted the

d'affaires of the United States from that republic, together right of the House to interpose their opinions. But with the instructions given to the said charge d'affaires; broad distinction existed between those cases and and, in answer to the said request, state, for the informa

present: here was a mission established and recognis tion of the House, that although the charge d'affaires of year after year by the House. In these cases, nothing the United States had found it necessary to return, yet the negotiations between the two countries, for the arrangement of the differences between them, are not considered as broken off, but are suspended only until

that kind existed. The principle of the resolution intro duced by the gentleman from Tennessee [Mr. Pou upon the 1st of April, 1826, relative to the Panama m sion, which had been alluded to, could not be extend

up

[H. or R.

to the present case. The object of that mission was not Monday, and was not then disposed of, being taken the usual diplomatic intercourse recognised by the laws of nations. It was there proposed to send ministers to a congress of nations; here it is merely proposed to continue a mission long since established.

Mr. W. replied to the other positions taken by Mr. ADAMS, with much force; when the question was taken, anil the motion to strike out negatived: Ayes 19, noes 102.

The item providing outfits for a minister to Russia, and a charge to Buenos Ayres, having been read

Mr. ARCHER moved to amend the clause by inserting outfits for charges des affaires to Chili and Brazil; which, after a brief explanation from that gentleman, was agreed to.

The item for salaries of agents of claims at London and Paris having been read

Mr. W. R. DAVIS suggested that the office of agent for claims at Paris being no longer necessary, it would be better to change the name of the allowance to that of salary to the consul.

Mr. OSGOOD rose, and said it was always an unpleasant task for a representative to oppose the wishes of any portion of his constituents. Considering himself as the organ of their will, he cannot, without many painful sensations of regret, find his own sentiments in opposition to theirs. But the diversity of human opinion, while mankind remain constituted as they are, must often render it necessary for him to gratify the wishes of one part of his constituents at the risk of displeasing the rest. Nor will he always be able to find out what the wishes of a majority of his constituents really are. As to the general course of his official duties, if he has openly avowed his adherence to a political party-if he has been chosen with a knowledge, on the part of his constituents, of his political predilections, he may safely conclude that a concurrence with the measures of his party will not be obnoxious to those who elected him. But a new state of things may arise, unexpected events may happen, unforeseen measures may be proposed, a different course of pol

Mr. POLK, after an explanation on the subject, said icy may be instituted, and the vote that sanctioned his adthat, if any change of phraseology was regarded as im-herence to his party at the time of his election may fail portant, it could be done when the bill came before the to sustain him in this new juncture of events, and he will House. be compelled to resort to some other criterion to deterWhen the items providing appropriations for com- mine the wishes of his constituents. If, under these cirpleting custom-houses at New London, Middletown, cumstances, the measure proposed be one which excites New Bedford, Newburyport, and Baltimore, were read- little interest in the public mind; if, although it may inMr. MCKAY stated at length the various sums appro- volve consequences of great magnitude to the republic, priated heretofore for these objects, and the estimates it immediately affects neither the persons nor the propermade for their completion, and contended that, in some ty of his constituents, he may be lest almost without any mstances, the amounts named in the bill were larger than manifestation of public sentiment to guide him in his conWere necessary. After moving to reduce the amount at duct. And if, on the other hand, the measure be one Widdletown, which was carried, Mr. McK. said he was ex- which excites an interest equal to, or perhaps even beremely unwilling to detain the committee at so late an yond, its importance; if it touch the feelings of any parfour; but believing, as he did, that a profuse expenditure ticular class in the community, or rouse into opposition ad been gone into on these subjects, he would suspend the adherents of a political party, he will be liable to the further motions he had proposed to make until the be led astray by the overheated exertions of its oppocame into the House.

Mr. POLK said there were a few amendments which e had in charge from the Committee of Ways and Means offer, which he should do pro forma, in order that ey might come up in the House.

Mr. POLK accordingly proposed several additional items the bill; some of which were adopted, and others were jected.

Mr. ARCHER said he was instructed by the Committee Foreign Affairs to move two or three amendments, which he would now do, without intending to discuss them at this time. They were accordingly proposed and dopted.

Ou motion of Mr. POLK, the committee then rose and ported the bill and amendments to the House.

Mr. POLK moved that the bill, as amended, be printed.

Mr. G. EVANS suggested the propriety of printing also the amendments which had been proposed and rejected; to which Mr. Pork assented, and it was ordered accordingly.

Mr. PINCKNEY, by consent, moved that when the House adjourn, it adjourn to meet on Monday next; which was agreed to.

The House then, at nearly eight o'clock, adjourned.

MONDAY, MAY 5.
THIRD CONGRESSIONAL DISTRICT OF MASSA-
CHUSETTS MEMORIAL.

nents, and to mistake the noisy clamor of a few zealous partisans for the real, sober, and permanent sense of the community. And when the excitement has passed away, and the momentary passions which created it have subsided, he will find, to his mortification and regret, that, in obeying the instructions of self-constituted conventions, and in listening to the dictations of interested memorialists, he has overlooked the opinions of the less obtrusive, but not the less enlightened portion of his constituentsthat he has gone contrary to the wishes, and, what is more, to the welfare of his district.

To come, then, to my own case, sir-for, however un pleasant it may be, we are almost all of us compelled, at one time or another, to speak of ourselves upon this floor--I was chosen with a knowledge, on the part of my constituents, that I should vote against a recharter of the bank. At any rate, if they did not know it, it was not my fault, as I openly every where declared it. The recharter of the bank had been vetoed by the President, long before my election. I was nominated by the friends of the administration; I was supported by the friends of the administration; and I was finally chosen as an open and avowed friend of the administration. The recharter of the bank was a question that could not have escaped the attention of those who were at that time about to choose a representative to Congress. My own party, so far as I knew any thing of their opinions, were unanimously opposed to a recharter. Those of the opposite party with whom I happened to converse, and who afterwards, from some local difficulties in my district, threw their votes for me, expressed much indifference as to the fate of the

The memorial of a convention held in the third con-bank. They said it was a mere scramble for money, and gressional district of Massachusetts, in favor of the res they cared nothing about it. They elected me, knowing toration of the deposites of the public moneys to the that I should vote against a recharter of the bank, and Bank of the United States, which was presented last therefore virtually gave me liberty to vote against it.

H. or R.]

Memorial respecting the Public Deposites.

[MAY 5, 1834.

If, under these circumstances, a part of my constituents, not to attempt to embarrass me in the means necessary to or a majority, if you please, had undertaken to instruct accomplish that end. Am I to understand that my con me to vote for a recharter of the bank, would any man stituents are unwilling that I should judge of the effect of say that I was bound to obey such instructions? Might I measures upon this floor? Do they rate their representa not have turned round upon them and said, A year has not tive so low that they are unwilling he should judge of the yet elapsed since you elected me with a knowledge that means necessary to accomplish the ends they have sanc I should vote against the bank, and now you instruct me tioned? Is he to exhibit to this House and to the nation to vote for it? How long must I suppose that these your the mortifying spectacle of a man who is obliged to de new instructions will remain valid? Have I any assu- feat his purposes by his own votes? Is he to adopt a rance that you will not change your minds again before crooked, vacillating, inconsistent, contradictory course: the vote is taken?-and if you do, must I change with to go blundering on from one vote to another, without any you? Must I veer about with every current of wind that regard to their ultimate effect upon the object he intends happens to strike the political weathercock in my district? to accomplish? It is as much the interest of my con

The gentlemen, sir, who composed the convention that stituents to preserve my influence and my dignity unli adopted these resolutions, and this memorial, and the let- paired upon this floor, as it is my interest and my duty, ter of instructions, saw this thing in its true light. They and, I will add, my pride and my pleasure, too, to pro would not undertake to instruct me upon a point upon serve theirs. Whatever they may do to affect my e which my opinions had already been sanctioned by a vote fluence here must affect their own in an equal degree. I of my district. They knew that this would be carrying shall endeavor to preserve both theirs and my own as well the doctrine of instructions beyond the bounds of reason; as I can.

that it would go to the destruction of all consistency, I If I had believed that the removal of the deposites had might almost say, of all decency of conduct on the part been effected by a violation of the constitution, if I had of the representative. Well, sir, tacitly acknowledging supposed that the President had assumed any unconstitu the truth of these sentiments, they would not undertake tional powers in this transaction, I would have willingly to instruct me to vote for a recharter of the bank; but waived any right I may have reserved to myself, at D they have instructed me to vote for a restoration of the time of my election, upon this great question of the bark deposites. The restoration of the deposites, I suppose I would have said, with the friends of the bank, let u they would say, is a new question. The deposites were vindicate the violated constitution, let us avenge the 19not removed at the time of your election. The senti sulted laws, let us show to the country and the world a ments of your district have never before been declared we will do justice, be the consequences what they may upon the subject. This memorial, these resolutions, and But such was not my opinion. After all the exertions w this letter of instructions, form the only means by which the friends of the bank, they utterly failed to prove, you can come at a knowledge of the sentiments of your my apprehension, any assumption of unconstitutio constituents upon this point; and now, through these, they powers on the part of the President. When the heat of speak to you in a language that can neither be disregarded this controversy has passed away, gentlemen will worden nor disobeyed. that they could ever have carried their views to such a

Well, sir, the question of a restoration of the deposites extent upon this point. They will wonder they eve is undoubtedly, in some respects, a distinct question from could have denied that the Treasury Department is a recharter of the bank. In the nature of things, there Executive department, or the head of that Departmen is no sort of connexion or similarity between them. But an executive officer. They will see that the constitutiof it may often happen that questions totally dissimilar in has placed the Executive power in the hands of the Pro their nature may, by the force of circumstances, be made ident; and that, if Congress were to undertake to exer dependent the one upon the other; and such I took to cise any part of that power, it would be in violation of thi be the case with these two questions of a recharter of the constitution. Now, sir, the raising and appropriat bank, and a restoration of the deposites. It is not that a of money is clearly a legislative act, and, as such, ha man might not very consistently, upon abstract princi- been wisely intrusted by the constitution to Congress; bu ples, vote for the one, and against the other; nor that the paying over this money to the several objects many members here may not have done it with the purest which it is appropriated is as clearly an executive act. intentions. But I will leave it to the candor of any man is simply carrying into execution a law of Congress, and to say whether, if a resolution for the restoration of the as such, belongs to the Executive branch of this Gove deposites had been carried through this House by a triment. Now, in order to be able to pay over this mone umphant majority, it would not have tended to bring to the several objects to which it is appropriated, the of

about a recharter of the bank.

cer who is to pay it over must have it in his possession

But, sir, according to this very memorial and letter of he must be the keeper of the public money, and t instructions, I am at liberty to vote against a recharter of keeper of the public money must be an executive officer the bank; for either my constituents do not want the bank He must, indeed, keep it and pay it over according to the rechartered, and so have not instructed me to vote for it; laws of Congress. But that does not alter the natore or, if they do want the bank rechartered, they thought his duty. It does not make it different from any othe that, under all the circumstances of the case, it would be executive duty. The Executive is bound to executa neither liberal, nor manly, nor honorable to instruct me laws, in obedience to the will of Congress, if he execu to vote for a recharter. But what they have not done di- them at all. We need not go to Montesquieu, nor SM rectly, they have done indirectly. What they have vir-ney, nor Locke, nor to any body else, to prove this tually acknowledged they had no right to do in one way, we have been sometimes taunted by our opponents. they have done in another. If they do not want the bank results from the nature of our Government, and the d rechartered, they ought not to have instructed me to vote ferent branches into which it is divided.

for a measure which would tend to bring about a recharter, But the Secretary of the Treasury, it was said, w and defeat their own wishes; and so give me instructions bound to report to Congress. Well, sir, if we were against instructions, in the very same letter. Or, if they make a law to-morrow, compelling the Secretary of State do want the bank rechartered, but thought I was so deli- the Secretary of the Navy, or the Secretary of War cately situated that they ought not to instruct me to vote report to Congress, would that alter the nature of the for a recharter, then they ought not to have instructed me respective offices? If Congress had done professedly, a

a restoration of the deposites. Having given by name, what gentlemen say has been done in me the liberty of accomplishing a a certain end, they ought it had baptized this Department by the name of Legisla