Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1837-01-17


lset was not subject TO express legal provision
Mhen me duty act and the tonnage act were pses-
Cd al the first session of the first Con gross a. -,
was passed also, at the same session c,nio;n;s
section which prescribed the COINS nnd GysJ is,
values, IN which those duties were 10 be mad
From thai time 10 this the medium c,, tho ii.,
Of public debts and dues has been maize e
legal right, and not amailcr Of Executive discsa,i
at all. The Secretary the Trcasurv has Ia W.
more power over these laws Than over 9the, ta,, Nv
,ie Gan no more change the legal pode Of payng
me du'y Than hc can change ihe amount Of tbc A.
10 ne paid OF alter the legal means Of pa,inr r.,
,iL'"ai WIN any more proprcty ihan he can olIor
'nc price OF the lands themselves. II would lao
EaTse ',ueeu, Il TINS were i SO. It would be III
uLcuiouS 10 say that we lived undrr n oovrr,,nsn,
u laws if an Executive ofirc, NAV sov a. -
currency, or medium, man fhall INV hi. tavee snd
"eOis 10 Government, and may tn1tc ora ,,ia c.
one man, ana another rule for another W. Mil,
as well admit that the Secretary had ,u'Lo.,,,
remit or give in The deb, Of one ,ghlc ho .nr.ye15
payment on the other. "'0'"eN
desire, sir, even at the expense Of Soma o,,..;
uon, 10 Tx The attention Of the Senate 20 dis n,
silloH, that Congress, having BY the Constitution an.
monty 10 dispose ortha public territory has ua,S,d
la"s ior 'he complete exercise Of that power; laws
when not only have fixed the lri,e OF the public
lands he manner Of sales and the time Of paymcot
pu' W"ch nave hxcd also with equal precision. the
MeIi,%mi OF Mhds q money, or Of other things which
ShaIl be received IN payment. II has neglected N,
part OF this important trust: Il has drIepn,rd no
part Of 1t It has Iot ground not an inch, for ey
ecuiiyc Interpolation,
me only cues ion, therefore, s what il ll,c law.
or what jras The law when ibc Sr,r'.,o ;.i IL,
order '"' 7'"'N HIS
i lie Secretary considers that dat which has been
uniformly donc for twenty ycars, that is 10 saw the
receiving oil payment for the public lands in the bill,
o. specig paying banks IS against law. lie calls it
I an Indulgence" and this " indugenccn the order
proposes to continue for limited line and in favor
u particular class Of purchasers. If thiswere an
I ,ndngeneei and against law, one might well ask.
10Y mas u happSned that it should have continued
so '9hgi especially through recent years marked bv
such spirit Of thorough and searching ref,rn7 I,
nlgN DO asked to-, If this DC Illegal, and an indu
stnce only, Why continue it longer, aud especially
Mny continue II as 10 some, and refuse to continue
II as 10 others
But sir, IT is time to turn to the statute and +,
sec what The legal provision IS On The s0h Of A.
PI"i 1912 resolution passed both Houses of Com
hlesS' IL was IN the common form Of Joint rosou-
uo'h ana was approved b. the President; and no
one doubtsi suppose, that for tho purpose inland
co by II, II WAS authentic and valid as a law in
I'y Othet iorm. IL provides that "from and after
WV -Otn gay OF February next, [lSl7l no duties
aAos' ueDtf or sums OF money, accrung or becoming
payable TO the United States oupht to he collac,G
or received otherwise than in the LEGAL CURRENCY IF
me United States, Treasury notes or noles Of IN,
DS'H VI inc United States, or in notes Of banks
MnlGn are payable in specie ON demand in the said
/ regal currency Of the United States
Ihis Joint resolution auth,ra,iyelv fixed tho r;cb,
u PaTlles paying, and tho duties Of officers receiy
lhg' 80 lar as respects the notes OF tho Bank NJ
the United States, it altered by a law Of IN,
last session but, N all other particulars it is, AZ
suppose, IN fall force at tie present moment: and
as II expressly authorizes the receipt Of such hank
notes as are payable and paid On demand | canno,
understand how tho receipt Of such notes is a mai
ter Of indulgence" We may as well say that to
DC allowed to pay IN Treasury notes. or in foreign
/ coins, or, lndeed IN own gold and silver j, ~,
indulgence, since the act places al on the same
ground.
The honorable member from Missouri has. ir
deed, himself furnished It complete answer to lie
Secretary idea that il 10 saw he defends the ar
/ der Oh grounds not only differing from, but totally
inconsis'cn- with, those assumed by the Secrotar,
lie does not consider the receipt uf bank notes hrb
crto, or up to the time Of issuing the order az an in
dugcnce, but as a lawful right while blasted ILrv
lac proves tins right to be now terminated and ter
minated by force Of the order, shall consider prcs
entiy only say now, that his argument entirely
deprNc5 the Secretary Of the only ground assigned
by him for the Treasury order
Inc Secretary directs the receiver, To receive
in payment Of The public lanls nothing except what
Is directed by the existing laws, VIZ. gold and silver
anc, III the proper cases, Virginia land scrip" Gold
and SILVER then, and, in the proper cases Virginia
land scrip, are, IN the opinion Of the Secretary all
that rs directed 10 be received by he existing laws
The receipt Of bank notes he considers, therefore
but an lndu scnce; thing against law, to be tor-
acd little longer, as to some cases, an then to DO
finally suppressed
Apparently not at all satisfied with this view Of
the Secretary, % the gloand upon which his own
order must stand, the member from Missouri not on
y ahandons II altogether, but sets up another who'll
" inconsistent with II. We admits the legality Of
payment in such bank notes up to the dale of the
order itself but insists that the Secretary &C the
Treasury had a right Of selection, and right OF re-
Jecilon also; and that, although tho various mode.
Of payment provided nv the res button Of 1916 were
all good and lawful, iii the Secretary should make
some Of them Otherwise vet thai, BY virtue Of his
power Of selection rcJecrun he might at any limo
strike one more Of them out of tho list. And
tins power Of selection or rejection he thinks he
, finds in The resolution of 1916 Itself
incline TO hk, sir, that the Secretary viii be a.
little satisfied with the footing which his friend
the honorable member from Missouri thus places
his ORDER that friend is wi the Secrearys own
ground. For my pant, think them both JUS, hal
right; that is 10 say, both, in my huRb'e Judgment
are Just far right they disrusi and dscaim the
reasoning Of each other. Let me state, sir, as I'M
dcrstand it, The honorable mrmbcr's al gulnent Il
is, that The law of 1876 gives the Secretary scec-
ton that il provides lJuY different modes Of nav
ment that the Secretary is 10 collect the reyenu.
IN one or sevcr4l, all these modes, or media, Al
his discretion; that all are the dlsiunctive as
think he expressed it; and that the resolution OF
law, is not mandatory nr CONCLUSIVE in favor of any
one. According TO the honorable member, thore-
fore, If the Secretary had chosen say that our ON
eagles nd our own dollars should no longer be re
ceivablt whether for customs, taxes, public lands
he had clear right 10 50, and 10 stop their re-
| cepliUn. Rcmainder next week.
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THE RAIL ROAD.