A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term)
History
A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term)
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
It is a constitutional provision "that no money shall be drawn from
the Treasury but in consequence of appropriations made by law." The
palpable object of this provision is to prevent the expenditure of the
public money for any purpose whatsoever which shall not have been first
approved by the representatives of the people and the States in Congress
assembled. It vests the power of declaring for what purposes the public
money shall be expended in the legislative department of the Government,
to the exclusion of the executive and judicial, and it is not within
the constitutional authority of either of those departments to pay it
away without law or to sanction its payment. According to this plain
constitutional provision, the claim of the bank can never be paid
without an appropriation by act of Congress. But the bank has never
asked for an appropriation. It attempts to defeat the provision of the
Constitution and obtain payment without an act of Congress. Instead of
awaiting an appropriation passed by both Houses and approved by the
President, it makes an appropriation for itself and invites an appeal
to the judiciary to sanction it. That the money had not technically
been paid into the Treasury does not affect the principle intended to
be established by the Constitution. The Executive and the judiciary
have as little right to appropriate and expend the public money without
authority of law before it is placed to the credit of the Treasury as to
take it from the Treasury. In the annual report of the Secretary of the
Treasury, and in his correspondence with the president of the bank, and
the opinions of the Attorney-General accompanying it, you will find a
further examination of the claims of the bank and the course it has
pursued.
It seems due to the safety of the public funds remaining in that bank
and to the honor of the American people that measures be taken to
separate the Government entirely from an institution so mischievous to
the public prosperity and so regardless of the Constitution and laws. By
transferring the public deposits, by appointing other pension agents as
far as it had the power, by ordering the discontinuance of the receipt
of bank checks in the payment of the public dues after the 1st day of
January, the Executive has exerted all its lawful authority to sever the
connection between the Government and this faithless corporation.
Public-domain text, read in full here on John Shaqi.
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