cretaries it were less the duty
of the President to see that law faithfully executed than other laws
enjoining duties upon subordinate officers or private citizens. If there
be any difference, it would seem that the obligation is the stronger in
relation to the former, because the neglect is in his presence and the
remedy at hand.

It can not be doubted that it was the legal duty of the Secretary of the
Treasury to order and direct the deposits of the public money to be made
elsewhere than in the Bank of the United States _whenever sufficient
reasons existed for making the change_. If in such a case he neglected
or refused to act, he would neglect or refuse to execute the law.
What would be the sworn duty of the President? Could he say that the
Constitution did not bind him to see the law faithfully executed because
it was one of his Secretaries and not himself upon whom the service was
specially imposed? Might he not be asked whether there was any such
limitation to his obligations prescribed in the Constitution? Whether he
is not equally bound to take care that the laws be faithfully executed,
whether they impose duties on the highest officer of State or the lowest
subordinate in any of the Departments? Might he not be told that it was
for the sole purpose of causing all executive officers, from the highest
to the lowest, faithfully to perform the services required of them by
law that the people of the United States have made him their Chief
Magistrate and the Constitution has clothed him with the entire
executive power of this Government? The principles implied in these
questions appear too plain to need elucidation.

But here also we have a cotemporaneous construction of the act which
shows that it was not understood as in any way changing the relations
between the President and Secretary of the Treasury, or as placing the
latter out of Executive control even in relation to the deposits of the
public money. Nor on that point are we left to any equivocal testimony.
The documents of the Treasury Department show that the Secretary of the
Treasury did apply to the President and obtained his approbation and
sanction to the original transfer of the public deposits to the present
Bank of the United States, and did carry the measure into effect in
obedience to his decision. They also show that transfers of the public
deposits from the branches of the Bank of the United States to State
banks at Chillicothe, Cincinnati, and