Congress can not, therefore, take out of the hands of the
executive department the custody of the public property or money without
an assumption of executive power and a subversion of the first
principles of the Constitution.
The Congress of the United States have never passed an act imperatively
directing that the public moneys shall be kept in any particular place
or places. From the origin of the Government to the year 1816 the
statute book was wholly silent on the subject. In 1789 a Treasurer was
created, subordinate to the Secretary of the Treasury, and through him
to the President. He was required to give bond safely to keep and
faithfully to disburse the public moneys, without any direction as to
the manner or places in which they should be kept. By reference to the
practice of the Government it is found that from its first organization
the Secretary of the Treasury, acting under the supervision of the
President, designated the places in which the public moneys should be
kept, and especially directed all transfers from place to place. This
practice was continued, with the silent acquiescence of Congress, from
1789 down to 1816, and although many banks were selected and discharged,
and although a portion of the moneys were first placed in the State
banks, and then in the former Bank of the United States, and upon the
dissolution of that were again transferred to the State banks, no
legislation was thought necessary by Congress, and all the operations
were originated and perfected by Executive authority.
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