The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-10-09

And further" Felix qui potuit rerum cognoscere
causas" Equally plain is il, that all who undertake
to expound and enforce il ought 70 look aithiuiy lot
its spirit and meaning; that its objects ana AIMS
and more, may be understood and carried into eom
pete effect Il must surely have been fully known 70
every man in Congress at that time that al no peod
since the foundation Of free Government, had the
Secretary of the Treasury exaced gold and silver
exclusively for any branch of the revenues. With
6ll and unavoidable knowledge Of that fact Congress
merely attempts exclude the notes Of non-specie-
having banks banks whose notes are NOT paid in the
constitutional currency, on demand. Notes OF banks
which are payable and paid on demand, are not only
not excluded dspaagcd but placed by the words
OF the precisely the ground with gold
and silver" :" Treasury notes" and notes of the
United States Bank, each of which, by previous
laws had been pronounced legal tender in the pay
ment OF the public dues The law of 1916 says" is
required and directed to adopt such measures as he
may deem necessary, to cause, soon may be- &c
Surely no advocate Of power, however he may be
enamoured of its charms, or the "spoils" which lie
around IT, will openly contend that the Secretary by
these terms is not limited to such bona
fde necessary TO carry the law into effect II was by
no means the intent of the law wantonly, and with
out reason to oppress the citizen by depving him of
the humble and convenient privilege Of paying his
public dues, Of whatever sort, in the paper of banks
whose notes payable and paid on demand" &C.
in other words in money good to the citizen and equal
" so TO the Government. And yet, strange as it may
appear the Secretary (by directions OF a President
calling himself 'democratic did certainly cut of that
important privilege far the public lands are con-
cerned That officer surely never armed, nor in
tended 10 be armed whan unlimited power to receive
whatever sort ofmoncy he might "by direction of the
President" deem proper, in despite Of law or custom
and to exclude whatever sort he might be directed"
to refuse regardless of the Legislative will the com
mon rights Of the people. The Secretary, it would
SEEM is to be made the lord paramount, whose sover
eign direction is, in whatever way inclined, or d-
rerted carry every thing before it, while the sacred
privileges of the citizen are to be thrust out of remem-
brance, or treated on object of secondary con-
sideratioH.
II is settled doctrine, scarcely needing the pro-
found and authoritative enunciation Of Marshall,
from judicial bench, that this Government is en-
phatically and truly Government Of the people. 1t
from them; its powers granted by them,
and be directly exercised them for their bene
fit" And tits equally true that not only the Govern
ment but also all offices and powers dcrved-either
directly indirectly trust powers to
be exercised with eyesngc to the good of the body
polite and limited, in all cases. to the subject matter
Of and to the laws governing that trust Equally
plain and wholesome is the doctrine, and till of late,
the nvariable practice the Government that in
STRUNG public powers doubtful should, at least
without an ruling necessity be assumed by the
public servant and the power that is not clearly given
should be considered clearly withheld. We find
our late President Jackson, in his message of 1885,
Gas well other occasions) strongly declaring the
doctrine however unfortunate he may aftor have
been, (and indeed at all mcs in giving that docri ne
practical illustration
In constituting the law of 1916 soon after its passage,
we find the then Secretary of the Treasury Mr. Dali
las) at no loss for its rghtfu meaning That able
and upright officer very properly made determinations
between the notes Of specie paying bank and ano
ther bur he made any when the different notes
were at par where offered The exercise Of this ne
cessary discretion obviously enjoined upon HIM,
and without which strict equality could have been
observed in the collection Of the public moneys has
been magniied by some into the assumption of un-
limited discretion by him in making his public collec-
tons The Senator from Missouri in particular
(Mr Benton, in his very long speech touching the
specie circular lin the winter of 36'7 has with
bombast circumstance, horribly stuffed with cpithet,
but empty of all sober sense, sound argument, de-
clared otener than once that all the Secretaries from
1916 up to the day he speaking, have claimed and
exercised unlimited discretion in receiving re
jecng the notes of banks which payable and paid
on demand. Why, then, did the then Secretary SC
earnestly ask for the law of 1916 think the honor
able Senator and all who profess to think TO say
with him, are plainly mistaken. Neither Mr. Dallas
Mr. Crawford nor any other Secretary, prior to the
year 1886 Cor certainly 1889 ever claimed or cxcrci
scd any powers reasonably necessary make their
collections Neither of those justly distinguished men
seem to have been studious TO know how much power
by literal and enlarged construction could be exer
cised but simply sought what the duties of their
convenience of the people required at their hands
Theirs simply the best authorized mode Of attain
ing definite legitimate obectthc collection Of the
public moneys. At later day, Secretary (by d
rcctions) has other objects TO be attained, some o.
which of legislative order; and some others of
strain higher than the legislative function itself
pertaining only to the people themselves in their org
ginal sovereign capacity; and not in any wise TO BE-
assumed without solemn grant from them. A fur
therance Of the discussion will bc attempted in the
suing number
vIRGINIUs.