Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1837-01-24
n 4 " ID T. " ..

lands, Congress la. not len Tho subject without
complete legal regulation. II has exercised its full
power. The statutes have declared what should
be received, from debtor, and from purchasers, and
have en no ground wbs;e,cr for the interior.
ruce Of Executive discretion or Executive control
So far as know there has been no period ~hcn
this subject was not suhec, TO express legal pro
vision. When the duty act and the torsgc act
were passed. at the fret session of the fire, Con-
gross. an act rttsel also. al the came ecssion
contB niar n ,cc ton which prescribed the coins,
and fixed their values IN which those duties were
to be pad. From that time to this. the medium
for the payment oi public debts and dues has acen
matter Of fixed legal right, and not n matter OF
discretion at all. The Secretary or the Treasury
has had power over these laws than over
other laws. lie can no more change The legal
mode of paying the duty Than he can change the
smoon, of dpty TO be paid or nl,er the legal
means Of paying for lands, with any more proprlc
~ than he can alter the price Of the lands them
scivee. II would be strange, indeed. II his wero
not SO. II would be ridiculous TO sny that We Nv
cd under government Of laws, fan Executive Of
fcet may say in What currency or medium, mon
I shAll pay his taxes nnd debts to Government, and
may make rule Tor man, and another rule
for another We might well ADM, that
the Secretary had authority to remit or give in
the debt Of one, while he enforced payment on Tho
! others.
desire sir, even at The expense Of some rcpeii-
tou, to fix the attention Of the Senate to this prop
oson, that Congress, having by the constitutional
/ authority TO dispose of the public territory, has
passed laws for the complete exercise Of that pow
er; laws which not only have fixed the price OF tho
! public lands the manner Of sales, and the time "
payment, but Which have Fixed also with equal
precision the medium. or kinds of money OF 9th.
er things, which shall be received ia payment. II
has neglected part of this important trust II
has delegated no part of 1t: has left no ground.
not an inch for executive in'crposition.
The only question, therefore, IL, what 10 the law
| or what icds the law when the Secretary issued
siis order.
The Secretary considers that tia, which has
been uniformly done for twenty years. that is 10
say, tie receiving Of payment for the public lands
IN the bills Of specie paying banks is against law.
lie calls it indulgence = aud this "indulgcnce'
the order proposes 10 continue for limited tlmesnd
in favor Of pap,icular cinss of purchasers. II
THE were M dulsencc, and against Jaw, one mgh,
well nsk how has 1t happened that il has cootinu-
ed so long, especially through recent years, mark
ed by such spirit Of thorough and searching re-
form 1t might be asked, too. fthis be Illegal.
and an indulgence only, why continue 1t longer.
and especially Why coninue to some, and refuse
To continue it as 10 others.
But, sir. 1t is time to turn TO the statute and To-
see what the legal provision is. On the 30th Of
Aprl, 1896, resolution passed both houses Of
/ Congress. II was in the common form Of joiGt
resolution and was approved by the President and
no one doubts, suppose, that for the purpose in
tended by 1t. il was authentic and valid II law
IN any other foim. II provides that from aud az
ter the ooh dav Of Fetusry next flSl7l 10 duties,
: iuscs debts, or sums Of money, sccrung OF becon.
ing payable TO the United States. oog, to he col
Iected or received otherwise than in the legal
rency Of the United Stoics, or Treasury notes, or
notes Of the bank ofthc United States, or in notes
thinks vIich arc payable IN specie on demand IN
the said legal currency Of the u. States
This JOINT resolution suihortsiively fixed the
rights Of parties paying, ana The duties Of officers
receiving. So far as respects the notes 81 the u.
D States, It was altered by law Of the last session
bat, IN oil other particula's II is as suppose ia
full force at the present moment and as II express
ly authorizes the receipt Of such bank notes as
D payoble md paid demand cannot understand
how the receipt Of such notes 10 matter Of "io-
diligence We may ss well say that to be- al
lowed 10 psy 10 TreasUry noies IN foreign coins.
or, indeed, 10 our gold and silver, is indUl-
gonce, since the oct placse oil the sone ground.
I The honorable member from Missouri has, in
deed himself furnished complete answer 10 tho
Sccfetary's idea that is TO say, he defends tho
order on grounds lot only differing from but tots-
I ly inconsistent With, those assumed by the Sccre'
e 's5y. lie does moi consider the receipt Of bank
notes hitherto. up 10 the time OF issuing the Of
der. ss an indulgence. but a lawful right While
j Il lasted. How he proves this tIghi to be nov
e terminated sod terminated By force Of the order
shall consider presently. Ouly cay now. tina, bis
e argument entirely depryes the Secretary Of ihe
: only ground sss sned by him fsr the Treasury or
der.
The Secretary directs tho receivers TO receive
ia payment Of the public lands nothing ereqi rsAas
. Il dye-fal by he r. sting Lus VIZ: gold sad s'i-
yer, snd in the proper csses Vifgipia land scrip
Gold Bud silver then and IN the proper cases, Viz
gina land scup. are. 10 tie opinion Of &c seefeis
~, ell that Is directed 70 be received by the exist
ing lpSs The receipt Of bspk notes. be considers
therefore, blt 81 diligence, thing sgainsi Law.
10 be tolerated little longer. a. 70 some csses,snd
/. then 10 be finally suppressed.
, Apparently not al eli seiisled Nth this We" u
. the Secretary Of the ground upon which his orn
. order must flsb5 ;he member from Missouri not
only sbandous il altogether. but teis up sooibsr.