Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1837-01-20
Committee on Public Lands be instructed
To rennrt hill nccnrdinnlvn

member moved here for bill and law, " |
the whole matter was, ia his opinion, with.
IN the power of the Secretary of the Trea. |
sury'
The Senate did not adopt this resolution.
, \ day or two after its introduction, and |
when some little discussion had been had |
upon 1t, a motion 10 lay it on the table pre-
vailed, hardly opposed, | think except by
The genllcmans own vote. A few weeks
after this disposition had been made Of this
resolution, the session came to a close, and
seven days after the close of the session,
the Treasury order made its appearance.
But this is not ALL There is higher au.
thorlty than even that OF the honorable
member. Looking to the expiration of the
charter of the Bank of the United States,
the President, in his annual message in
December last, said it was incumbent on
Congress TO discontinue, by law, the receipt
OF the bills Of that bank in payment of the
public revenue. Now, as the charter was
to expire on the Sd of March, there was
nothing to make its bills receivable after
that period except the law of 1916. 70
strike the provision respecting notes Of the
bank out of that law, another law was in
deed necessary. according to my UNDER
standing; but | do not conceive how it
should be thought necessary upon the con-
tructlon of the honorable member. Both
Houses being Of opinion, however, that he
thing could not be done without law, an act
was passed for that purpose. and was ap-
proved by the President. Here, then, sir.
Is the gentleman's own authority, the au-
torty Of the President, and the ulhorlty Of
both Houses Of Congress, FOR saying that
nothing contained IN the law of 1916 can
be thrust out of it by any other power than
the power Of subsequent statue. am
therefore of opinion that the Treasury or.
der of the lth of July is against the PLAIN
words and meaning Of the law OF 1916;
against the whole practice of the Govern
ment under that law; against The honorable
gentemaD's own opinion, as expressed in
his resolution of the ED of April; and not
reconcIleabe with the necessity which was
supposed to exist for The passage Of the act
Of last session.
Ga this occasion have heard of no at
tempt to Justify the order on the ground of
any other law, or act, but the act Of 1916.
When the order was published. however,
it was accompanied with an exposition, ap-
parently hall Official, which looked to the
land laws as The Secretary's source of pow.
er, and which took no notice at all of the
law of 1916. The land law referred TO was
the act of 1920; but it turns out, upon ex-
animation, that there is nothing at all IN
that law 10 support the order, or give it any
, counlenance whatever. The only clause
IN il which could be supposed to have the
t slightest reference to the subject is he pro.
| hr, k,nr 1, Nlo,
J provides for the sale of such lands as, hav-
{ ing been once sold on credit, should revert
or become forfeited to the United States
. through failure Of payment, and the provlso
declares that no such lands shall be again
sold on any other terms than those of "cash
. payment" These words, "casn payment"
have been seized upon, as if they had
/ wrought an entire change in the important
D provisions Of the law Of 1916, and already
t established an exclusive specie payment for
n lands. The idea Is too futile for serious
. reiutaton. In the first place, the whole
: section applies only to forfeited lands; but
0 the truth is, the term leash payment, "
means only payment down, IN conlradIstlnc.
ton to credit. which had formerly been al
# lowed; just as the same words N the tariff
: act Of July, 1882, mean payment down. 10
# stead of payment secured by bonds, when
It says that the duties on certain article:
? shall be paid in "cash." As TO the second
o section of the land law os 1920, which was
n set forth with great tormaIny N the expo.
= st,on to which have referred, as furnish
o ing authority for the Secrelarys order
u there Is not a word IN it having any sucl
!. tendency; not a syllable VIII CHI has any an
| plication to the matter. That section de
clares, that after the first day of Juy, il
e that year, every purchaser o: land at pub
lie sale shall, on the day OF purchase, make
e a complete payment therefor; and the pur
s. chaser at private sale shall produce re-
:, celpt for the amount OF the purchase monel
r. on any tract, before he shall enter the sam,
e at the land office. This is all. 1t does no
= say holc the purchaser shall make complet
t, payment, nor IN what currency The purchas,
e money shall be received. 1t is quite evi
= dent, therefore, that that section lends the
" order no support whatever.
e The defence of the order, then, stand
e thus: The Secretary POUNDS It upon tn
l idea that nothing but gold and silver wa
4 ever lawfully receivable. and that the re
/. CENT of bank bills has been all along a,
r. "mduigence," against law. For this opln
is ion he gives no reasons.
The honorable member from Missouri
lie rejects this doctrine: he admits the recelp
ID Of bank notes TO have been lawful unit
,e made unlawful by the order itself and IN
er ssts tina, the Sccrelary's power ofstoppn
TX their further receipt, arises under the la>
I'd Of | l6, and is an authority derived from il
a. But then, The long and half official expos
K ton winch accompanied the publication c
re the order has no faith in the law of 1916 a
u. source of power, but makes parade Of
y. totally and perfectly lnappcable section
k, out of the land law of 1920. Grounds