by John Marshall Harlan

“ Be the reason what it may, we are of opinion that the secretary of the treasury has no authority, under existing legislation and without further direction from congress, to use the surplus revenue in the treasury, from whatever source derived, or whenever, since January 1, 1839, it may have accrued, for the purpose of making the fourth installment of deposit required by the act of 1836. ”

“ It is, however, alleged that there is now in the treasury of the United States a sufficient sum of money, after defraying all the existing charges imposed by congress upon the treasury, and not needed or wanted by the secretary to meet appropriations by law, or to meet the interest accruing upon the public debt, or to meet all the expenditures of the government, estimated or ascertained by him for the present fiscal year, to make the deposits of the fourth installment with all of the states with which said deposits were directed to be made. ”

“ Since the last direction given by congress upon the subject the financial necessities and obligations of the government have been largely increased, and this circumstance, perhaps, suggests the reason why the legislative department has not fixed any day for the final execution of the act of 1836. ”