Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1837-01-17

United States or Treasury notes, or notes Oh .he
Of the United States, or in notes OF oanhs nv.
m yable ia specie on demand IN lne s"'' 81
uf the United States. cL,hr ;h,s or
oae,cs PAYING and tire duties OF othGefs rece'T"s
Far \, rpsuecs the notes of the Bank OF lhe u
i, altered by law OF the 'aSt ssss ~. - the
other oor,iculars suppose, IN full ioTce al Tue
nrcscn moment; and it expressly aulhorlsfs Tie r.
cep, of such bank notes as are payable and Pao on ae
napd cannot nderstanc how the receipt oil such hes
is a matter Of '.lndu'gpnce We may as wen say, "a,
+, be allowed pay in Treasury notes. or IN foreign
COINS o., indeed in own gold and siiVer IS a' Il"
duIgencr since the places all on the same s'ohnu.
The honorable member from Missouri has, indeed
himself furnished a complete answer 10 ,"s Soy s
idea that is TO saw he def nGs the order on gF""hGs
nu, only differing FROM bat totally Inconsistent VIII
those assumed hv the Secretary lie Goes not e""s
the recent Of bark notes hitherto, or up 70 F u'e
issuing the order as al indulgence, ou' 10 ha oy
while II lasted How he proves this right ~ W NV
terminated and terminated by force OF the order' s'ai
consider presently only say now that ms arguL'e"'
entirely deprives the Secretary OF the only er"u"u d.
signed by him for the Treasury ORDER -
Irhe Secretary directs the receivers I'D l'ceNe
narmcpt of ,te public lands nothing f1cpf 'f"dt - a.
r,ced by The ezisng iacS; viz: gold and silver ahu IN
the proper cases Virginia land scrip: Gold ano s'''t'
then, aud, in the proper cases. 's,n," aIa ts
received bv the existing laws The receipt b" nK ho.es
he considers therefore, but an ndu! senca, thing
AGAINST law 10 be tolerated little longer, as 10 soh'e
| cases and lhen to hc finally suppressed 80
Arpare,Iy not al all satisfied with this view OF lhe Or
cr,lav Of The ground upon which his own order must
stand the member from Missouri not only aoanuohs u
unoqc!her but up another wholly INCONSISTENT WIN
! it, lie admits the legality OF PHyment III sucn
hank notes I'D 10 the date oil the order itself but inslss
that The Secretary Of The Treasury had right OF seitc'
ton and IL right Of rejection also; and that although 'e
various modes Of payment provided ny the iPso'u" "
lslG wrre all COED aud lawful till the Secretary shuu
| { ,b,u,I nth
power OF SELECTION rejection, he might at any tlme
strike one OF Them out OF the iis': ana 'i's
power OF selection or REJECTION lie lhinhS he nhu' 40 VIZ
! rcsniutinn .f Iel6 itself. =,
ncIns TO think sir that the Secretary will be as 1T
lie satisfied with the footing on which his ritno tHf
honorable nelhpr from Missouri thus places ms "otE,
as that friend Is with The Secretary own etounu. '
me puu think them both Just half right; that Is TO say,
huh ~ INV humble Judgment, are Just 80 lar 1Sht Us
they disrul and dsclam the reasoning OF each "'her'
et me slate sir understand II, the honorable mem.
h,rs aryuurnt IL is, that the law OF lclO gives le
Secretary selection that it provides four different
nn:rs msdiu OF payments; that the Secretary Is 10
cntct The in or several or all lrse hooes
or meda his discIcon that all are III Inc nlsJuhc'
tive US tuk he espresso and that ihe resolution, or
law is not mandatory conclusive in iaVoT OF any one
According the honorable rInber, therefore, 'he Sc
creary had chosen 10 say that our own eagles ana our
own doars should longer he receivable whether oi
customs, taxes. public lands, he lao clear IiSht 10
say So and to step lt!er reception.
Before cuns,iuclhn Of extraordinary character
be fixed the law OF lSlG, something Ike the appear
ance of argument, think, might be expected III lis la
vur. But uat IS there upon which 10 found such an
Implied powcr the Srcreiury Of the Treasury: is
there a syllable in the whole law which cEuntnances
any such idea for s,gle moment There clearly Is
moi. The law was intended 10 provide, and does pro-
vide in wh hat sorlsni money or other means OF payment
those who debts 10 the Government shall pay those
debts
! It enumerales four kinds Of money other o.
payment, and eau any lining he palmer 'han that ne "he
has TO pay may have his choice out OF ell Tour: All be
ing equally lawful the choice is with the payer and moi
with The receiver. This would SEEM Ia be too plain Fl
Their to be argued 10 be denied. Other laws oi The
United States have made both gold and SILVER coins
tender in the payment of private debts. Did any mar
ever imagine that in that the choice between the
coins To r rendered to lie with the party receiving
No one could be guilty Of such an absuidlty Ant
uuless there be something IN the law OF 1910 llse!i
which either expressly, BY reasonable inference, con
! trs a similar power the Secretary Of the Treasury
in regard public payments Is there, IN Inc hatuI
of things, any difference between the cases: Now
| there is nothing. either in the law OF lclO, Or any
! other law, which cUniers any such power on lht
Secretary IF the Treasury, either directly or indirectly
or which suggests ntlnlaes, any ground upon whcl
such power nigh he implied Indeed, the statement G
, the argument seems To Inc enough To cuElute IT, !
makes The law Of lSl6 not rule but the dissolution %
all rule; not u law, but the abrosaun Of all existing
laws According TO the argument. the Secretary OF h
Treasury had authority not only to refuse the receip
Of Treasury notes, which had been issued upon Tue taIt
and duties and notes of the Bank OF the United States
which were also made receivable BY the law creating h
bank but refuse also foreign COINS, and tie coinage
Of our own Mini; putting thus the legislation OF Con
gtsss fer u Die Die Sccs,afy q" he Treasury
appears 70 quite impossible that any gentleman, "r
efection undertake 10 support such construction
| But he gentleman relies u supposed practice II
maintain his Interpretation OF tiG law. What practice
Has any Secretary refused 10 receive the nutes
specie paying banks either at the custom house thu
land offices, Tor single hour; Never. Has any Secre
tary presumed TO strike se coin. Treasury nOles
or our COIN Of the list OF evables, Such
idea certainly entered into the head Of any Secre
ta-y The gentleman argues that The Treasury las made
Determinations; but hal DETERMINATIONS: suppose the
whole truth 10 be sip this that, admitting al u time.
the right Of the party paying 10 pay IN no!es OF specie
paying banks tie collectors and receivers have not been
held bound 10 notes Of distant banks OF Which,
they knew nothing and could not judge. therefore, "Ie
Their their nnleS wha The law. Those collectors
aud receivers bound receive The bills of specie
paying hunks; but, that duty from The fact that
the rendered the notes specie wing banks
that fact, If not notorious ALREADY known to Them
must be made know H. with reasonable certainty, before
the duty receive III, IN became Imperative suppose
there may have been Treasury orders, regulating The
conduct OF collectors and receivers in this particular
Any orders which went further than this would 60 be.
yond the law
(Rcmninder in ne1t.)
Thursday, january IL, le37
IN SENATE.