Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1837-05-12
NO. Sc.


nothing but gold and silver. The mover voted
for his own propositions; but do not recoect
that any other member concurred in the vote.
The proposition was rejected at once; but as
in other cases, that which Congress refused 10
do, the executive power did. Ten days after
Congress adjourned, having had this matter be-
fore it, and having refused to act upon it, by
making any alteration in the existing laws, a
Treasury Order was issued, commanding that
very thing TO be done, which Congress had
refused to do. just as in the of the re-
moval of the dcpostes, the executive power
acted, in this case also, against the known, well
understood, and recently expressed will Of the
representatives Of the people. There never has
been moment when the legislative will would
have sanctioned the object Of that order Prob
ably never moment in which any twenty in
divldual members of Congress would have con-
cured in t. The act was done, without the
assent Of Congress, and against the we-known
opinion OF Congress. That act altered the law
of the land, or purported 70 alter 1t, against the
well known will of the law-making power.
For one, confess, see no authority what
ever in the constitution, or in any law for this
treasury order. Those who have undertaken
TO maintain il, have placed it on grounds, not
only different, but inconsistent and contTadIctc-
ny. The reason which one gives, another re-
| jects; one confutes what another argues. With
one il is the joint resolution of 1916, which gave
/ u
1890; with third il is the general superintend-
ing power of the President; and this last argu-
meDt, since it resolves itself into mere power,
without stopping TO point out the sources Of
that power, is not only the shortest, but in truth
the most Just. He is the most sensible, well
as the most candid reasoner in my opinion, who
places this treasury order, on the ground of the
pleasure of the executive, and stops there. |
regard the joint resolution of 1916 as mandatc-
ry; as prescribing legal rule; as putting this
subject, in which all have so deep an interest,
beyond the caprice, or the arbitrary pleasure, or
the discretion of the Secretary of the Treasury.
! believe there is not the slightest authority,
either in that officer OF the President, to make
distinction, and TO say that paper may be re-
ceived at the 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 last session, as
you know, gentlemen, resolution was brought
/ forward in the Senate for annulling and abro-
eating this order, by Mr. Ewing, gentleman
of much intelligence, of sound principles, of
vigorous and energetic character, whose loss
from the service of the country regard as
+ public misfortune. The Wing members oil
!, supported this resolution, and all the members,
| believe, with the exception OF some live or
4 six, were very anxious, in some way, to get rid
of the treasury order. But MIR Ewing's reso-
!. luton was too direct. II was deemed point
: Therefore il must be softened, modified, quail
fed made to sound less harsh 70 the ears of
Y men in power, and to assume plausible, pol
J. ished, inoiiensive character. Ii was according
n ly put into the plastic hands of friends of the
l., executive TO be moulded and fashioned, so that
:. it might have the effect of Kidding the country
of the obnoxious order, and yet not appear To
question executive infallibility. All this did
C not answer. The late President is not man
e TO be satisfied with soft words; and he saw IN
d the measure, even as il passed the two houses,
e a substantial repeal of the order. He is man
" of boldness and decision; and he respects bold
n ness and decision in others. If you are his
|, friend, he expects no fiinching; and II you ave
= his adversary, he respects you none the less
T. for carrying your opposition to the full limits Of
&c honorable warfare.
), Gentlemen, most sincerely regret the course
t. of the President, in regard TO this bill, and
l. certainly most highly disapprove Of it But
~ do not suffer the modification of having at
:, tempted to disguise and garnish it, in order to
make it acceptable, and of still finding il thrown
-" back in my face. All that was obtained by
: this ingenious, diplomatic, and over-courteouS
~ mode of enacting a law, was response from
nj the President and the Attorney General, that
be the bill in question was obscure, ipenned, and
re not easy to be understood. The bin, therefore
ri. was neither approved, nor negatived. If i
had been approved, the Treasury Order would
lu objectionable manner. If negatived, and Ie-
nj turned to Congress, no doubt 1t would have
OF been passed by two thirds of both houses, al"
N in that way become law, and abrogated ih'
We order. But il was not approved, 1t was moi
Gu returned; il was retained. Ii had passed the
Senate in season; il had been sent to III,
10 House in season; but there it was suffered Il
lie so long without being called up, that II wa'
In completely in the power of the President
he when il finally passed that body; since he !:
!, not obliged TO return bills, which he does moi
g approve, if not presented to him ten days be-
VI fore the end of the session. The bill was lost
10 therefore, and the Treasury Order remains il
&C. force. Here again, the representatives Of thu
ne people, in both houses of Congress, by MAORI
nj ties almost Unprecedented, endeavored to abol
,ol ish this obnoxious order. On hardly any sub
far iect, indeed has opinion been so unanimous
III either in or out Of Congress. Yet the orde
:" remains.
And now, gentlemen, ask you, and asl
all men who have not voluntarily SURRENDERED
OH all power and all right Of thinking for them
Id selves, whether, from 1882 to the present mo
- ment, the executive authority has not etiectn
ny ally superseded the power of Congres, .thwart
wv ed the will of the representatives of the PEG
on pie, and even of the people themselves, ane
10. taken the whole subject of the currency into
80 its own graspl In 1882, Congress desired L
Ia continue the Bank Of the United states, and ;
* majority of the people desired it also but III,
in. President opposed it, and his will prevailed
of In 1885, Congress refused to remove the de
nd posites; the President resolved upon il, how
=.