Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1837-01-20

lne price VI tnc pUUl'C StOCKS, anu tlc OtHci
TO hasten the sale and settlement, Of the lands.
Other statutes have given the like receivable
character 10 Mississippi stock, and TO Virginia
land scrip. So Treasury notes were made
receivable for duties and taxes; and, indeed
if any such should now be found outstanding
believe they constitute lawful mode Of
payment, at the present moment, whether for
duties and taxes, or for lands.
But, in regard both to taxes and payments
for lands, Congress has not left the SUBJ
ject without complete legal regulation. 1t
has exercised lis full power. The statutes
have declared what should be received,
from debtors and from purchasers, and have
left no ground whatever for the interference
of Executive control. SO far as know, there
has been no period wheE this subject was
not subject 10 express legal provision. When
the duty act and tonnage act were passed.
at the first session Of the first Congress- an act
was passed also, OF the same session, contain
ing section winch prescribed the coins, and
fixed their values, in which those duties were
10 be paid. From that time to this, the me
dunn for the payment Of public debts and dues
has been a matter Of fixed legal right, and not
n matter Of Execuiivc discretion at all. The
Secretary of the Treasury has had 10 moro
power over these laws than over other laws.
He can no more change the legal mode of
paying the duty than he can change the
amount Of the duty to be paid, or alter the
legal means ofpaying for lands with any more
property than altar the price of the lands
themselves. 1t would be strange, indeed, if
this were not so. 1t would be ridiculous to
say that we lived under n Government Of
laws, if an Executive officer may say in what
currency, or medium, Il man shall pay his
taxes and debts to Government, and may
make one rule for one man, and another
for another We might as well admit that
the Secretary had authority to remit or give
in the debt Of, one, while he enforced pay
ment on the other
desire, sir, even at the expense Of some
repetition, TO fix the attention Of the Senate 10
this proposition, that Congress, having by
the Constitution authority TO dispose of the
public territory. has passed laws for the CONS
p'etc exercise of that power; laws which not
only have fixed the price Of the public lands,
the manner ofsales, and the time of payment,
which have fixed also, with equal precision,
the medium. or kinds of money, or of other
things which shall DO received in payment. 1t
has neglected no part of this important trust;
it has left no ground, not an inch, for EXocu :
tive interposition.
The only question, therefore. is, what is the
law, or what avas the law, when the Secretary
issued his ordero
The Secretary considers that that which
has been uniformly done for twenty yeas, that
is to say, the receiving of payment for the
public lands in the bills of specie paying
banks, is agains, law. He calls ii an "lndul.
gence," and this Indulgence" the order pro-
poses 10 continue for limited time, and in
favor Of particular class Of purchasers. If
this were indulgence and against law, one
might well ask, how has it happened that it
should have continued SO long, especially
through recent years, marked by such a
spiri, of thorough and searching reform? II
might be asked too. why continue it longer,
and especially why continue it as 10 some.
and refuse 10 continue it as 10 others
But, sir, it is time TO turn to the statute
and to see what the legal provision is On
the 30th Of april, 1916, u resolution passed
both Houses OF Congress. 1t was in the
common form Of a Joint resolution, and was
approve by the president and no one dou,s
| suppose, that Cor the purpose intended by it
it was as authentic and valid as law in any
other from. 1, 'providcs, that "from and
after the Goth day Of February next 1917
no duties, taxes, debts or sums of money ac
cruing or becoming payable to the United
States, ought to be collected or received
otherwise than in the legal currency Of the
United States, or Treasury notes, or notes oil
the Bank ofthe Uniteb States, or in notes Of
banksIw hich are payable in specie on demand
in the said legall currency Of the United
States.'
Va, ,a,n Init anth prst Fyny
the rigts Of parties paying, and the dutie,
of officers receiving. So far as respects the
notes of The Bank of the United States. il
was altered bya law of the last session bu
in all other particulars,i it is as suppose in ful
force at the present moment Il as it express
| ly authorizes the receipt Of such bank note!
as are pay able and paid on demand canno
understand how the receipt of such notes il
matter Of" indulgence" We may as wei
say that 10 be allowed 10 pay in Treasury
notes or in foreign coins, or indeed in ou
ow gold silver, is an indulgence, since The
act places all on the same ground.
The honorable member from Missouri
has indeed, himself furnished comp'el,
answer to the Secreary's idea; that is t
say, he defends the order on grounds no
only differing from, but totally luconsisten
with, those assumed by the secretary. III
does not consider the receipt Of bank note
hitherto, or up TO the time of issuing tn
order, as an Indulgence, but as Lawful
right while it lasted. How he proves TIN
right to be now terminated. and terminate
by force of the order, shall consider pres
emily. only say now that his argumcn
entirely, deprlves the Secretary Of the onl
ground assigned by him for the treasur
order.
The Secretary directs the receivers It
receive in payment Of the public land
f nothing except phat is directed by The erisI
t ing iaOs, VIZ. gold and silver, and, in tn
: proper cases, Virginia land scrip" Col
! and silver then, and in the proper cases
Virginia land scrip, are, in the opinion {