The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-10-16
WHOLE NO. sss.

Pciooh ia oldH Cuh the nGut
but citizen Of another State (of New York for in
stance) going into Virginia and complying with the
terms Of the Virginia Constitution is entitled those
privileges not much because the State Of Vr-
gnia sanctions it, but in spite Of Virginia, for the u
s. Constitution orbids her making any such discrmi
| nations. The citizen Of New York, in such case,
does not ask this Virginia Of matter Of favor, but
by force Of the Constitution demands Of
right What holds in this one case holds in all smi-
lar cases. whatever may be the subject matter. The
Constitution says Shall be entitled to all the priv
leges and immunities," &c. The Secretary of the
Treasury "by direction Of the President" has de-
cared that those citizens purchasing public lands,
and not residing in the State Territory where the
lands are situate see the Crcula shall not have the
same privileges and immunities in making payment for
those lands other citizens who do actually settle
on such lands who do not bona fde reside in such
State Territory where the lands lie Is not here
violation Of the Constitution, in exercising power
which Congress itself forbid to exercise II stue,
this unfair and illegal distinction does not exist
having ceased the 18th December 1886; but STILL
Mr. Editor it did exist for many months and we know
not in what form it might exist again. If the people
have submitted to the usurpation might be read
lily argued by those in power in the line Of safe pre-
cedents to try the policy again 1t is at least well to
understand the matter rightly.
The Constitution furthermore declares, that all
duties imposts and excuses shall be uniform throughout
the United States" In the Specie Circular although
we do not perhaps this article violated in terms
yet we do in spirit Does any candid person believe
that it would not be unconstitutional in effect to make
the payments for the public lands otherwise than uni
form throughout the United States? If such thing
were admissible would il not form gross nconss-
| tency and call loudly for amendment But sir, we
contend that there such amendment required for
that the Constitution Chat great movement Of human
wisdom and jus,ice) does already, by implication and
analogy at least, forbid such discrimination and has
therefore, in effect been transgressed in this instance
Again, the Specie Circular attemps to regulate the
currency. We are openly told by the Senator from
| Missouri (Mr Benton) and we could appeal to no
better authority that point in his speech of that
winter ('36-'D That il would be observed by the
Senate that the for issuing the Treasury Or
der are introduced by the President under the head Of
currency and under the head of public lands and
that in his whole Of treating it. the currency
is the object and the lands the incident The regua-
ton Of the currency is the great object and as the
lands, and not the custom house was the exciting
cause of the swollen boaed and diseased state of the
currency the remedy was directed the lands and not
to the customs All this visible in the passage read
II is also visible in the Treasury Order itself" This
is very frank and explicit statement of the matter
and which we had already known to be true but we
would ask, by what lair are they authorized Not by
the law of 1876 nor the land law of 1920 have
already very clearly shown neither are they by any
other known law. Such law may exist, but it was
not at that day Cor this) knopn to exist De non
apparentbus, ct existentibus eadem est ratio
The rule applies to things which do not appear,
as to those which do not exist" But informed
by the Senator (and others that the President has
right to regulate the currency. But what says the
honorable Mr.. Rves Chen for the Administration in
that debate2 His words already repeatedly equally
true, and honorable to the speaker 1t is much the
part part of the legislative authority to say in what
manner and by what rule the collection of the public
revenues shall be effected to say what amount and
from what it shall be raised" And greater
authority than Mr. Rives (the Constitution of the
United States) after giving Congress all legislative
powers, gives them authority ITO MAKE ALL
| LAWS WHICH SHALL BE NECESSARY
AND PROPER FOR CARRYING INTO Exc
CUTION THE FOREGOING POWERS AND
! ALL OTHER POWERS VESTED BY THIS
CONSTITUTION IN THE GOVERNMENT
OF THE UNITED STATES, OR ANY DE-
PARTMENT THEREOF"
BY looking al this remarkable order, we find law -
constitution -precedenta violated and set open
defiance. We have said enough to prove this-if a
thing plain required proof The next question is,
the plea to be put by way Of justification of such
high coursel The Senator from Missouri has fur
nshed us Tin effect with argument at lin his
opinion) logical and conclusive It is being thrown
into syllogstc FORM simply this gold and silver is
the only constitutional currency Of the country the
President is the guardian and protector of the
Constitution ergo, is his duty to require that
thing but gold and silver ought to be received for the
public lands. But this syllogism would, in the first
place, prove too little because the public lands
! y would be included, while the customs, larger
source Of revenue would be left out In the second
place. it would also prove TOO much for it would show
that only other executives for a series Of years.
had been ignorant unmindfu Of their duty but also
that the late President himself with all his reputed
wisdom and vigilance, came late to the great disco
very Mr.. Editor, by pursuing this argument, in its
windings and relations absurdty follows another,
until the whole terminates in laughter disgust -
Arguments based and so applied, are at all times
of little account In the eloquent language of John
son, they fall like dust in the balance without
weight and without regard"
Another effect to be noticed in regard to the Circu-
lar was that it made an unfoundcd distinction be-
tween the Custom-house and the Land Office. In
the one the notes of the specie-paying banks were
pronounced good and available to the Government ;
while the same money, at the other, was at once re-