SENATE.] President's Protest. [APRIL 25, 1834. After the report of Mr. Kendall was made: Secretary to examine the banks.-(Documents D, G, I, 6th. On the 18th September, 1833, the famous mani- L, and N, of Secretary's report.) festo of the President was read to the cabinet, and pub. 12th. The deposites being so changed, loans of two lished to the people of the United States in the Globe of millions three hundred thousand dollars were made by the 20th September. The authenticity of this document four Treasury checks on the Bank of the United States, is acknowledged, in his response refusing to send a copy of half a million each; and three others of one hundred to the Senate. thousand dollars cach, in favor of the cashiers of certain 7th. In his manifesto, the President declares the first of those selected State banks, "to be used upon certain day of October as the time fixed for the removal of the contingencies;" that is to say, to enable those banks to deposites-avows "the proposed measure as his own"-settle the balances against them, and to guard them against "its responsibility (he says) has been assumed, after the bankruptcy. They were loans, emphatically; they most mature deliberation and reflection, as necessary to were not drawn for any financial purpose of the Gov preserve the morals of the people, the freedom of the ernment; they were in pursuance of no appropriation press, and the purity of the elective franchise." Mark by law, but for the private purposes of the banks, that! The President has taken the "morals of the people, not to be used but upon contingencies; and if those the freedom of the press, and the purity of the elective contingencies did not arise, (that is, if the bank should franchise" under his jurisdiction. settle the balances demanded of them without the aid of these loans,) they were "to be returned to the Treasury, to be cancelled.' When he invited the Congress to interfere, the safety of the deposites was the question. But the Congress would not order the removal; and the House of Representatives resolved they might be safely continued in the Bank of the United States. Thus the President, not content with the examination made by the Secretary of the Treasury, (Mr. McLane,) not content with the examination by the House of Repre The Congress would not sell the seven millions of stock; sentatives and the vote of that House, got on foot a nor would they repeal the law which declared that the inquiry of his own, by secret informers; decided on the notes of the Bank of the United States should be removal of the deposites; appointed the agent to confe receivable in all payments of revenue. The deposites with the State banks; appointed the time for the remors increased the profits of the bank, and the United States to take effect; removed Mr. Duane for refusing to betray received their proportion of the semi-annual dividends the trust confided to the Secretary by law, and to sur upon their capital stock. Therefore, the Congress would render his judgment and discretion to the President. He not make war upon the capital of seven millions, nor upon assumed the power over the Treasury, and appointed Mr. Taney to consummate his scheme. the dividends. 8th. Mr. Duane, then Secretary of the Treasury, could I shall treat the stoppage of the public moneys from not, in his conscience and judgment, see any reasons for being deposited in the Bank of the United States, the making war upon the capital stock of the United States, removals, transfers, and loans to the State banks, as the and the half-yearly dividends accruing to the Treasury. acts of the President; the reasons assigned by Mr. Taney He could not see the propriety of removing the moneys as the reasons of the President; and the principles assert of the United States from a bank of safety, in which the ed by that report, as the principles of the President. United States had an interest and derived profit, into State shall consider the Secretary, (Mr. Taney,) as the "in banks, in which the Government had no stock, from which they could receive no dividends, and over which they had no control. He respected the powers of the Congress and the interests of the Treasury. 9th. For refusing to submit the trust confided to him by law, and his oath and judgment, to the dictation of the President, Mr. Duane was dismissed on the 23d of Sep. tember, 1833, and Mr. Taney was appointed to succeed him-to do that which Mr. Duane refused to do. 10th. On the 26th of September, 1833-but three days after Mr. Taney was appointed, the orders were issued for depositing in certain State banks the revenues falling due on the 1st of October and after. Similar orders followed in succession in favor of other State banks.-(See documents C, E, I, appended to the report of the Secretary.) strument" employed by the President for the occasion and the report itself as having been inspected, approved and referred to in his message at the opening of thi session. My authority for so doing rests upon public documents and admitted facts. They are notorious: they do not depend upon mora testimony; they are on record in the public offices They are too notorious to the multitude of citizens whe are enduring the tortures of mental and bodily distress privation, and ruin, which this ill-fated measure has in flicted upon them. The honorable Senator from Ten nessee [Mr. GRUNDY] has avowed these acts to be the President's, and is unwilling that he should be deprived of any part of the honor and glory of the achievement and surely in this instance he had authority for so saying The report of the Secretary has been, by the Com Thus a movement so important to the finances of the mittee on Finance of the Senate, so satisfactorily expose United States, so deeply affecting the currency, exchange, and refuted, and with so much more ability than I pre and all the important interests of the people, was adopted tend to, that I shall say no more of it as a financial mess in three days, by a new Secretary of the Treasury, trans-ure, than is absolutely necessary to preserve the chan ferred from the office of Attorney General, before he of my argument. could possibly have studied or surveyed, much less com- But I shall examine the political principles and powers prehended, the vast field, and the consequences. But practically exercised in the removal of the deposites, the Attorney General, accustomed to obey the mandates the dismissal of Mr. Duane, and asserted and proclaimed of a court, easily transferred his obedience to the mandate in the manifesto and protest of the President. of the President; and so the will of the President was done. 11th. By the documents communicated to the Senate, it appears that a system is attempted by the Executive, of forming a league of banks; that contracts have been made with those banks by the Secretary of the Treasury, not only without law, but in defiance of law; that one article of the agreement is for authority to him to levy a contribution (a tax) upon them, for defraying the compensation and expenses of agents to be appointed by the I shall consider them, 1st. As they have been brough to bear upon the chartered rights and franchises of the stockholders of the Bank of the United States. 2dly. As they have been brought to bear upon the officers of the Treasury, and the security of the publ treasure. 3dly. As they affect the distribution of powers safeguards ordered and ordained by the constitution These acts of the President in relation to the publ revenue appear to me to have made an attack on APRIL 25, 1834.] President's Protest. [SENATE. D, rights: they have made a breach of public faith; and with of the United States and its branches, and continue there it a wound upon social confidence and credit: have de- until the 3d of March, 1836, unless the Secretary of the ranged the currency and exchange: have erected a new Treasury shall at any time otherwise order and direct, in jurisdiction for ascertaining offences and affixing punish- which case the Secretary of the Treasury shall immediatements unknown to the laws and forbidden by the con-ly lay before Congress the reasons of such order or distitution: have asserted and acted upon powers and pre-rection. The contract says, "unless the Secretary of the rogatives which tend to subvert the radical principles Treasury shall otherwise order and direct." on 2 of the constitution, and to uproot the essential foundations bal of all free government. On the 17th September, President Jackson announced his final determination for the removal of the deposites; In reviewing and descanting upon these measures, I appointed the day, and took the responsibility on himself. feel nothing of the joy of victory over a fallen enemy: Was he the Secretary of the Treasury? Is the President nothing of the complacency of a prognosticator, who of the United States ex officio the Secretary of the Treashaving predicted evils, finds his forebodings verified. ury? Clearly they are separate and distinct offices, inNo, sir; far, far different are my feelings. They are compatible, and not to be united in the same person. The the acute and pungent sorrows of one who sees but too laws had appointed the Bank of the United States as the certainly, that those in whom he put his trust and con- place for keeping the public moneys; and the public faith dence are running down to ruin: that the deep founda- was pledged to it by contract and by a charter. But this tions of former political associations are broken: that same law and contract gave a discretion and a power to those who have been, and yet should be friends, are a particular officer (the Secretary of the Treasury) to gloaring on each other, and looking with eyes of wild suspend the execution of this law, for reasons to be redistrust: that principles which have been avowed, cher- ported to and adjudged by Congress. The authority isfied, struggled for, and maintained by the great repub-given by the Legislature was to a designated officer. His ican family, are betrayed, deserted, enfettered, and judgment was to decide, his judgment was to rule, his wounded by him, from whom assistance was expected to reasons were to be reported to the Congress for their apgive them strength and activity: principles which awaken proval or disapproval. To the Secretary of the Treasury the fairest hopes and solicitudes of the friends and patrons alone, the Congress had expressly and particularly confiof human liberty; and which, like the rounds of a ladder, ded the discretionary authority for suspending the execuwere used as auxiliaries and supporters in his elevation. tion of the law. Mr. Duane, then Secretary of the Treas to A de 1st. The conduct of the President towards the bank ury, not only could not see reasons for suspending the and bank directors, violated principles not to be profaned, execution of the law, but his reason and his judgment rewhich are at the foundation of liberty and asserted as jected the proposition. He refused. For so refusing, fundamental in the State and Federal constitutions. "No for the honest, faithful, conscientious exercise of his reason person shall be despoiled of his property, immunities, or and judgment, in the discharge of a trust expressly comprivileges, put out of the protection of the law, exiled, mitted to him by law, the President removed him from ofdeprived of life, liberty, or estate, but by the judgment fice; and by the command of the President, and upon his of peers or the law of the land." The right of responsibility, the law was suspended. The removal was trial by jury shall be held sacred and inviolable." "No effected by the mandate of the President. law shall be made respecting an establishment of religion, That the discretion and authority to remove the deposer abridging the freedom of speech or of the press." ites is confided and belonged to the Secretary of the These axioms are declared as self-evident truths, in the Treasury, by the act of Congress, accorded with the Presbill of rights of not less than eighteen States of the Union, idents own view of the subject, until after Mr. Duane's and in the constitution of the United States. These es refusal; an event, no doubt, very unexpected. tablished leading principles are declared for the purpose President seems to have supposed that his dictum would of limiting and controlling the actions of all government. have been reason with Mr. Duane. Under these suppoThey are the pillars of human liberty, and distinguish a sitions, the President seems to have labored when he read free government from a despotism. his manifesto to his cabinet, on the 18th of September. The President has despoiled the bank and the stock-llere Mr. B. read from the manifesto: "The power of the holders, United States and individuals, of their immuni- Secretary of the Treasury over the deposites is unqualities and privileges, without the verdict of a jury, and fied. The provision, that he shall report his reasons to without any law of the land. By the act of Congress Congress, is no limitation. The Had it not been inserted, he proposing the Bank of the United States to such persons would have been responsible to Congress, had he made a as should subscribe their funds for shares, and by the ac- removal for any other than good reasons; and his responceptance of the terms, the law became a contract between sibility now ceases upon the rendition of sufficient ones to the Government and the stockholders; each bound to per- Congress. The only object of the provision is to make form their respective correlative stipulations. By this his reasons accessible to Congress, and enable that body charter the stockholders, foreigners and citizens, ac- the more readily to judge of their goodness and purity, quired private rights and immunities, not to be despoiled and thereupon to make such further provision by law," &c. or taken away, but in the manner provided by the char- Here the power belongs to the Secretary; he is reter and the laws of the land. These immunities and priv-sponsible to Congress; and the removal must be for "good ileges they have purchased and paid for by one million reasons," to acquit the Secretary of his responsibility to a half of dollars, and other valuable considerations, Congress. honestly paid and performed to the United States. The But again: in the same document, the President said, Cited States are bound, on their part, to a full and punc- Far be it from him to expect or require that any membias observance of the stipulations of the charter. The ber of the cabinet should, at his request, order, or dictasolemn faith of the United States was pledged. The tion, do any act which he believes unlawful, or in his ockholders held their immunities and privileges by the conscience condemns. From them, and his fellow-citifighest muniments of title; they were stamped with the zens in general, he desires only that aid and support fath of the Congress, they were sealed with the faith of which their reason approves and their consciences sancThe President of the United States, affixed to the charter tions." by President Madison; they are sanctioned by the integri. Again: "In the remarks which he has made on this allly of the Supreme Court of the United States. The char- important question, he trusts the Secretary of the Treasfer assures to the stockholders that the deposites of the ury will see only the frank and respectful declarations of eys of the United States should be made in the Bank the opinions which the President has formed on a meas But of the contrast between the sentiments delivered before and after the refusal by Mr. Duane, I may speak further hereafter. [APRIL 25, 1834. ure of great national interest, deeply affecting the char- retary of the Treasury, the more ample powers of Conacter and usefulness of his administration; and not a gress, the powers conferred on the President by law to spirit of dictation, which the President would be as care-sue a scire fucias to repeal the charter, in the circuit court ful to avoid as ready to resist." of the United States, and demand a trial upon process ex Here the Secretary of the Treasury was told by Presi- ecuted only fifteen days before the term, were too slow dent Jackson, that the Secretary was responsible to Con- and quite insufficient for the President. If a scire facias gress; that the Secretary's reasons are to be judged by had been resorted to, then the corporation would have Congress; they must be good to relieve the Secretary's been informed of the nature of the accusation; must have responsibility. He is told that President Jackson does been heard in defence; the facts in issue must have been not desire the Secretary to do any act which he "in his tried by witnesses and a jury; and the court must have conscience condemns" or "believes unlawful;" dictation pronounced upon the sufficiency of the accusation. This is not intended, but only a "frank" expression of opinion. process of law-the trial by witnesses and a jury and a Who that is himself frank and honest could have imagin-court-was not sufficiently forcible and powerful. The ed, after this, that when Mr. Duane gave his candid opin- bank monster was to be destroyed, and the operation could ion and judgment against a removal of the deposites, and only be trusted to another monster, a court of "criminal could see no good reasons to acquit his conscience, and equity," combining the legislative, judicial, and execu his responsibility to Congress, in case he should order a tive powers, in the same person; where the accuser sit removal, that he would be dismissed from office by Pres-judge; heard the witnesses in secret, made the offence, ident Jackson, for refusing to submit to the dictation of and declared and inflicted the punishment-the offence, the President; for refusing to do an act "which he be- the conviction, and the punishment, all being published lieves unlawful," and "in his conscience condemns?" to the accused and to the people at one and the same But when, on the 23d of September, Mr. Duane could see breath. no good reasons for the removal of the deposites, and But the rights of the corporation are not the only pri therefore refused to issue such order, the relative rights vate rights which have been invaded by this court of star and powers and duties of the President and the Secretary chamber, sitting in privy council, in criminal equity. The of the Treasury were suddenly changed. corporation is a mere faculty-a person existing only in contemplation of law. A corporation cannot commit treason, nor murder, nor felony, nor crimes. Criminal offences may be charged upon the individuals acting as It is plain that the law required the moneys to be de- president and directors, not upon the mere faculty which posited for safe keeping in the Bank of the United States; exists in its name, and acts and moves only by the agency but a power to suspend the execution of this law, was of men. The president and directors, then, are the per confided, not to the President, but to the Secretary of the sons who have offended, as charged in the manifesto, Treasury. "The power of suspending laws, or the exe- against "the morals of the people, the freedom of the cution of them, ought never to be exercised but by the press, and the purity of the elective franchise." Legislature, or by authority derived therefrom, to be ex- the president and directors are men of business, American ercised in such particular cases only as the Legislature citizens, of good name, fame, and reputation, possessing shall expressly provide for." This is one of those max- the esteem and confidence of their fellow-citizens; chosen ims, those self-evident truths, declared by the bill of rights by men of business and property, to take charge of and of the States before the adoption of the Federal constitu- manage the joint concerns of a capital of thirty-five mil tion, and which now appears in the bill of rights of eigh-lions of dollars, of which twenty-eight millions belong to teen States. The suspension of the law was not by the private persons. And yet these trustees, so reputable, authority of the Congress when the President thought fit so chosen, and so confided in, are, by the manifesto, char so to order, but only when the Secretary of the Treasury ged with aggravated breaches of trust, with corruptions, should so order, for reasons appearing to him to justify with converting the means of their confiding employers the act. The President having taken upon himself to sus-"to embroil the country in deadly feuds, and, under cover pend the law, when the discretion was not confided to of expenditures in themselves improper, extend its corhim, by overruling the discretion and judgment of the ruption through all the ramifications of society." Secretary, to whom the authority was particularly confi- are serious charges. They are promulgated by a Pres ded by the laws, did suspend a law of Congress without dent of the United States. He has tried them in a court authority, and in a case not provided for. The President of criminal equity, of his own creation, by witnesses heard would not suffer the law to take its course. But, under only by himself: he has punished the stockholders and the color of a power to see the laws faithfully executed, he country for offences, made known by accusation, convic did break the law. tion, and punishment, simultaneously announced to the Without trial, without a jury, without law, the char-offenders and to the public. The bank, created by the tered privileges and immunities, the private rights of the Congress and President Madison, was a "monstrous gold stockholders of the bank were despoiled, violated, and en calf," and President Jackson (as a modern Moses) has taken away. The information and trial were in secret, produced a new monster, a huge many-headed serpent, to unavowed; the offence is not defined by any law; the of swallow the golden calf. fence and the punishment were measured by the President's will. Now, These There are passages in the manifesto which ought not to pass unnoticed. Speaking of his message to Congress, The most odious features of the Star Chamber in Eng-recommending an inquiry into the affairs and conduct of land were, that the trials were for offences not defined by the bank, and the resolution of the House of Representa law, created at the pleasure of the King and his privy tives consequent upon that inquiry, he says, "It is tr council, enjoining to the people that which was not en- that, in the message of the President which produced this joined by the laws, and prohibiting that which was not inquiry and resolution on the part of the House of Rep prohibited, and dealing out censures and punishments by resentatives, it was his object to obtain the aid of that bo the like unrestrained will." Lord Bacon called it a court in making a thorough examination into the conduct and of "criminal equity." To have the definition of a court condition of the bank and its branches, in order to enable of criminal equity, we must look to a court claiming a the Executive department to decide whether the public large and liberal construction in ascertaining offences, and money was longer safe in its hands." a discretionary power in affixing the punishments-which "But it was not his purpose (as the language of his is a monster in jurisprudence. The powers of the Sec-message will show) to ask the representatives of the peo of 100 cire: uld austi avele they nife oit powers. Free-will they, one way, disavow, In them, in other men, all sin." themselves." [SENATE. ple to assume a responsibility which did not belong to them, and relieve the Executive branch of the Government from the duty which the law had imposed upon it." "Whatever may be the consequences, however, to him- With President Jackson it is all right, for him, to follow self, he must finally form his own judgment, where the his own will, conscience, and responsibility, in construing constitution and the law makes it his duty to decide, and his powers and duties under the constitution and the laws; must act accordingly." The translation of these sophisti- but, in other men, it is sinful to consult their consciencated sentences into plain language is this: that by the ces, judgment, and responsibility, as to their duties and constitution and the law he has the custody of the public usmoney; as the Congress did not do in that behalf what he thought their duty required, he has taken the matter into our forefathers in the establishment of our happy system But, to prevent the "blood and treasure expended by his own keeping, and will act accordingly. Do we live of government" from becoming "vain and fruitless," under a Government of laws or under the rule of one man? President Jackson tells us that he had determined on the Has he the right thus to rate the guardians of the public removal of the deposites, and that "its responsibility has treasure, and chide them for not doing his will? Has the been assumed, as necessary to preserve the morals of the spirit of our fathers fled to brutish beasts, and left a petty people, the freedom of the press, and the purity of the race of men to peep about and find dishonorable graves? elective franchise." This tyrant necessity, which knows Public opinion is seldom erroneous when founded on cor-no law, has been but too often the plea of ambition for rect information as to the true state of facts. But, removed from the source of true intelligence, it is easy for the purpose of preserving the morals and freedom and overturning established systems of free government, for those who have an interest in imposing upon the people happiness of the people "from their own worst enemies, to mislead them to a concurrence in measures destructive to their welfare and happiness. But there is a sense of justice and generosity in the public not often to be found fathers, declared that religion and the freedom of the The system of government established by our forein men who hold the reins of government. When the people, by candid statements of facts, and by temperate Federal constitution declares that "Congress shall make press were rights too sacred to be legislated upon. The arguments, find their opinions are erroneous, they readily no law respecting an establishment of religion, or prohibrenounce them, and turn their resentments against their iting the exercise thereof, or abridging the freedom of deceivers. The tax-payers have no interest in being de-speech or of the press." ceived, or in deceiving the public-the tax-receivers have. cepted specially from the powers of legislation; and yet The freedom of the press is exBut the President has complained of the Senate for hav- President Jackson has, by necessity, found a power in the ing censured him without a hearing. Of that I shall speak President of the United States for punishing the presihereafter. But when he desired to censure the president dent, directors, and stockholders, for using the press in and directors, and to punish the bank by a removal of the defending themselves and their interests against their asdeposites, then no hearing, no trial, no avowal of charges sailants. When, and by what authority, was the Presior acusations was necessary. The example, set by God dent invested with the powers of a censor, to preserve the himf, in calling Adam to answer before he was con- morals of the people and the liberty of the press from demned, has taught a lesson to mortals; it has been adopt-licentiousness? ed as fit to be observed by all just human tribunals. is, however, no rule of conduct when the President is to act: but if he is to be acted upon, then this and other good old principles of 1776, are all remembered and held up to shield and protect him. If the President is to act, then his own responsibility, his own conscience and judgment are to determine the true rule of his conduct and his duty. But, when Mr. Duane was called to act, then his oath, his conscience, his judgment, his responsibility to Congress, taken under his censorship "the morals of the people, That the President should thus proclaim that he had were not to determine his course, but he was to follow the the freedom of the press, and the purity of the elective President's conscience and mode of thinking. President Jackson argues for an unqualified power in himWhen franchise," gives just cause of alarm. For that, in the self, then the "concurrent authority of President Washings, and that is licentious abuse which exposes his errors eye of power, is purity which upholds and lauds his doington, of the Senate and House of Representatives, num-and misdeeds; examples of which have come but too near bers of whom had taken an active part in the convention to us. which framed the Federal constitution, and in the State conventions which adopted it," are arguments irresistible by the President and carried into practical operation, is 2dly. The claim to control the public Treasury, set up to his mind. But, when the bank is in question, then thus argued: The whole Executive power is vested in the neither the concurrent authority of President Washing- President by the constitution: the Treasury is an executive ton, of the Senate and House of Representatives of 1791, department: the power of the Secretary of the Treasury nor of the makers, nor of the ratifiers of the Federal con- over the deposites is unqualified: the President has an stitution, nor the example of President Madison, nor the unqualified power of removing all the officers except the opinions of the Senate and House of Representatives of judges; and thus he has the control of the whole Execu1816, nor of the Supreme Court, are of any avail, mere tive power of the Government. This leads me to the precedent is a dangerous source of authority." Now general head under which I proposed to consider the Exthese opposite opinions, promulgated according to times ecutive proceedings in relation to the public revenue; the and circumstances, remind me of certain lines in Hudi- manner in which they have been made to bear upon the bras, applied by the author to those fanatics in religion officers of the Treasury and the public revenue. and politics whose services Cromwell made available The President took to himself an unqualified power of to overturn the Government of England and proclaim removing the public deposites, and when Mr. Duane dehimself "Lord Protector." The inconsistencies of the livered his opinions and reasons, and refused to comply leaders are thus ridiculed by Butler, in the following lines: with the measure, he was dismissed. me ** d is na My opinion is, that it is a power resulting from the constitution; and, furthermore, the Senate has not the right, in my opinion, to call upon the President for his reasons for removing an officer. [APRIL 25, 1834. Until the President had dismissed Mr. Duane, and was compelled to find justification for this onward march, his own construction of the constitution and the law taught him that the power over the public deposites was confided to the Secretary of the Treasury, and not to the President; that the Secretary of the Treasury was responsible for his own acts, not the President; as I will show from the declarations and conduct of President Jackson. Here Mr. B. read from the message of the 10th July, 1832, assigning his reasons for refusing to approve the bill for prolonging the charter of the Bank of the United States, as follows: But I am far from admitting "that the President derived an unqualified power of removal from that instrument itself, which is beyond the reach of legislative authority," as he has asserted in his protest, and exercised in the dismissal of Mr. Duane. This claim of an unqualified power is new to me, either in the State or Federal Governments. I reject it as inimical to the very genius and life of our institutions. Offices are public trusts, not private property. The powers of the office are confer- "If the opinion of the Supreme Court covered the red for public uses and benefits, not for the mere private whole ground of this act, it ought not to control the coemolument and gratification of the officers. Like all ordinate authorities of this Government. The Congress, trusts, the powers of the trustees are qualified by the uses the Executive, and the Court, must each for itself be and ends for which the trusts and powers were created guided by its own opinion of the constitution. Each puband conferred. The powers of taxation delegated to lic officer who takes an oath to support the constitution, Congress, although not expressly limited to any specific swears that he will support it as he understands it, and amount not to be exceeded, are nevertheless qualified, not as it is understood by others." The constitution of that is to say, softened, diminished, and regulated by the the United States prescribes that all officers, "both of the uses and purposes "to pay the debts and provide for the United States and of the several States, shall be bound by common defence and general welfare of the United States." oath or affirmation to support this constitution." Mr. So the power of removal of officers, although not ex- Duane, as Secretary of the Treasury, was bound by oath pressly limited by the constitution to any particular spe- to support the constitution of the United States, and by cified causes, is yet qualified and regulated by the public an additional oath, required by act of Congress, he was uses and benefits for which it was conferred; and is abu-bound "well and faithfully to execute the trust commitsed and perverted when exercised to attain illegal ends, or ted to him." According to President Jackson's own solto subserve selfish ambition, or to obstruct the laws, or emn declaration in his message, Mr. Duane's oath bound produce detriment to the public weal. him to support the constitution and discharge his duty as The Senate did not pry into the reasons of the Presi- he understands it, and not as it may be understood by dent for removing Mr. Duane. But the causes are known Gen. Jackson. In the manifesto of the 18th September, from the river St. Lawrence to the Gulf of Mexico, from before Mr. Duane had refused, the language of the Presi the Atlantic ocean to the Rocky mountains. They have dent was equally explicit in the passages I have before been published to the people by authority of the Presi- read from that document. "The power of the Secretary dent; we have them avowed in his protest to the Senate. of the Treasury over the deposites is unqualified." "His Mr. Duane was selected by the President for the office of responsibility to Congress;""the only object of the proSecretary of the Treasury. His talents were of a high vision is to make his reasons accessible to Congress, and order; his integrity was notorious and unsuspected; his enable that body the more readily to judge of their soundhabits of business and diligence were confirmed; his so- ness and purity;" "far be it from him (the President) to briety might have admitted him as an honorary member expect or require that any member of the cabinet should, of the temperance society. His moral and intellectual at his request, order, or dictation, do any act which he be qualifications for office were known and acknowledged by lieves unlawful or in his conscience condemns." He dethe political opponents of the administration, as well as sires Mr. Duane to see only "the frank and respectful by its supporters. He came into office bearing the confi- declarations of the opinions of the President; and not a dence of the President and of his country. He devoted spirit of dictation, which the President would be as carehis time and his talents to the duties of his office. But in ful to avoid as ready to resist." These are the senti a few months he was dismissed. Not because he was ments so explicitly declared and repeated by the Presi negligent, not for intemperance, not for incapacity, not dent. The power was the Secretary's-the responsibility for want of integrity. As to all the moral and intellect to Congress was the Secretary's-the reasons were to be ual requirements for the office, Mr. Duane had in the good, and to be the Secretary's reasons. Can there be practice sustained the anticipations of public confidence any doubt about this. Suppose the Secretary had been and expectation. But the President anxiously looked to so weak as to yield a passive obedience to the will of the the removal of the public deposites from the Bank of the President, and had reported to Congress, as his justificaUnited States. The Secretary of the Treasury could not tion for removing the deposites, "The President ordered see reasons to justify him for adopting such a measure. me and I did remove. My judgment opposed it as wrong: The fatal manifesto was read; the President signified (not but the President took its responsibility on himself!" through another but in his proper person) that he desired Would such a report by the Secretary be deemed a comthe removal, and took the responsibility on himself. But pliance with the law? Would not such a report have the Secretary of the Treasury was not convinced by the been disgraceful to the Secretary? Would it not have logic of the manifesto. His reason and his conscience acknowledged a breach of the trust confided to him; a would not permit him to adopt the views of the Presi- contempt of the law, and a misdemeanor in office. Such dent: the law required him to report his own reasons to a report to Congress would be no better than the excuse Congress: his oath and his judgment told him that he held by Eve, for a breach of the law, when she answered, the power of removal as a sacred trust, for the people,The serpent beguiled me and I did eat." not for the President only: he was responsible for his own But if the President believed that the power to remove conduct, and that the President could not absolve the the deposites belong to him, where was the necessity of Secretary from his oath and responsibility. Mr. Duane removing Mr. Duane. If he had the power, an order refused to order the removal. He refused to surrender under his own sign manual would have been as effectual a duty and trust committed to him by law; he refused to wrong his conscience and his judgment. Because he refused to bend his knee in token of subjection and passive obedience to Executive will, Mr. Duane was dismissed. as if signed by his subordinate. If an order be issued to the commodore of a squadron to change his station, and cruise in other latitudes, signed by the President with his proper name, would such an order be less authoritative |