Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1837-05-18
WHOLE NO. 36Z.

10 NnU udu Tc1uScU I'D NV. JUrt w tUB
case of the removal Of the depostes, the ex-
4 rcutive poser acted, IN this case also,agafnss
the known, wclT understood, and recently
expressed will ofthe representatives of ths
people. There never has bccn a Inomenr
when the Legislative will would havo sane
toned the object of that order. Probably
never n moment in which any twenty indiSi-
dual members Of Congress would hnvc con-
Cured in il. The ac, was done, without tho
" assent Of Congress, and against the weIs
known -pinion nf Congress. That net alter
Cd the law of the land, or pnrported 10 alteT
. IL, against the well known will of the law.
making power.
d For ono. conf'ss.I see no authority what
ever in the constltuiion,or in any law. for this
treasury order Those WIN have nndertake,p
to maintain it, have placed it on grounds, not
only different, but inconsistent and contra
dlctory. The reason which one gives. anoth-
or rejects; one c"n!Mcs what another argues.
With one il is III" ,n, resolution Of 1916.
which gave the authority; with another il is
the law of 1870; with n third it Is the general
suporintc nd,ng power of the Pre.idcnt; and
This last argument, since II resolves itself in
/ to mere power, without stopping To point OUT
the sources of that power, is not only the
/ shortest, bur in truth the most just. lie ~
rtie most sensible, TO well Ms the most can.
did rensoner, in my opinion, who places THIS
treasury order. on the ground os ,he pleasure
Of tho executive, and stops there. ] regard
the Joint resolution Of 1916. ~ mandatory; as
prescribing a legal rule; as putisag this sub
ject, in which MI have SO deep an interest,
boy,nd. the caprice, or the arbitrary pleasure,
or the discretion of the Secretary OF the Trca-
sury. ] believe there is not the slightest le-
gal authority, either in that officer, or III. .kc
President, tn make distinetun, and to say
that paper may be received for debts at u,S
custom house. but that gold and silver only
shall be received at the land Offices. And
now for the sequel.
! At the commencement of the Inst session,
rs you know, gentlemen, a resolution was
brought forward in the Senate for annulling
and nsrogatng this order, by Mr.. Ewing,
gentleman of much intelligence, Of sound
prime iples, OF vigorous and energetic ehnrac-
ter. whose loss from the service OF the coun-
try regard us a public misfortune. The
Wing members all supported this resolution,
and all the members, | believe, with the ex-
coption Of some five or x,were very anxious,
in some way, to get rid of the Treasury Or
der R.t Mr.. Ewing's resolution was too di-
rect. 1t was deemed pointed and ungracI-
ous attack Oh Executive policy. Therefore 10
must be softened. modified, qualified, made
To sound less harsh to the ears Of men iHpow-
er, and to assume plausible, polished, lnof-
feDsve character. 1t was accordingly put
into the plastic hands Of friends Of the FIX
'ccutive. to be moulded and fashioned so that
it might have the effect of riddng the coun-
try OF the obnoxious order and yet not appear
to question Executive infallibility. An this
did not answer. The late President is not n
man to be satisfied with soft words; and he
saw in the measure, even us il passed the two
Houses, n substantial repeal Of the order. He
is man of boldness and .feeision, and he re-
spects bodncs- and decision in others. Tf
you arc his friend, he expects no fincbing;
and if you are his adversary, he respects yon
none the less for carrying your oppostioS X,
the full limits Of honorable warfare.
Gentlemen, | most sincerely regret the
course Of the Pres ident in regard to this bill.
and certainly most highly dsapprove it Bus
do not suffer the modification Of having at
tempted to disguise md garnish il, in order
to make it acccptabley and of still finding IN
thrown back in my face. All that was obtain
ed by this ingenious, diplomatic, and over
c01Tteons mode ot enacting law, was De
sponsc from the President and the Attorney
General that the bill in question was obscnre,
l-penned, and not easy to be understood
The bill, therefore, was neither approved nor
fit had been approved, the Trea-
ury order would have been aBnn'ie5, rXNn1rts
n clumsy and objectionable manner. II It
'ad been negatived, and returned TO Con-
yrcss, no doubt it would have been passed
~ two-thirds of both Houses, and in that was
become a law, and abrogatcd tho ordes. But
t was not approved-it was not returned it
was retained. 1t had passed the Senate in
'eason;it had been sent to the House in sea-
k.,s, "a r.. 4 Ia toH
being called upthat it was complete
y in the power Of the President whcn 10 e.
ially passed that body since he is not obliged
o return bills which he does not approve, il
rot presented to him before the end Of ths,
ession. The bill was lost, therefore, and Tn.
Treasury order remains IN force. Here a.
ain the representatives Of the People, in both
Iouses of Congress-, by majorties almost
Unprecedented, endcavorod to abolish this
bnoxious order. On hardly any subject in
eed, has opinion been se una p,uous, eirllsr
or out OF Congress. Yet the ORDER remains.
And now, Gentlemen, ask you, and I ask
] men who have not voluntarily surrender
! all power and all right Of thinking for
'cmselves, whether, from 1882 to the pros
Mt moment, the Executive authority has not
Hrctunlly superseded the power Of Congress-
,waried the will Of the Representatives OF
,c People, and even eFthc People themselves,
nal taken the whole subject of the currency
Ito its own grasp? IN 1884, Congress dcsir-
4 to continue the Bank of the Unitcd Slates,
nd majority of the People desired il also:
%, ,l,e President opposed it,snd his will pre-
,iled. In 1888, Congress refused tn rornove
e Deposites; the President resolved upon
however,and his will prevailed. Congress
Is never seen willing to mike q Bank.
onded on the money and crcdA VI tlie Co.