The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-10-13
Communications.
SPECIE CIRCULAR REvIEwED.-No. 3

As when the breaks DER its bounds,
And ovcr1ows the level grounds
Those banks and dams that, like screen,
Did keep it out now keep it in
So when tyrannlc usurpation
Invades the freedom Of nation,
Those banks and dams that were intended
To keep it out are made tdeend it,.
[Hudibras
may safely leave the application of the above APP
poste lines to the discretion of yourself and readers
Having, in prosecution of the subject in hand ad-
verted to the unsoundness Of the published opinion of
the Attorney General touching the supposed authority
given to the Secretary by the of 1876 at least il the
spirit and meaning ofthe Legislature, and not the will
wishes of the President be taken the criterion
may say, once for ALL that, inasmuch the
President himself rested his opinion and views Gin this
matter) upon, and unqualfedy adopted those Of the
then Attorney General--(see the published note of
President Jackson in the Globe Of 9th March, 1887,
and opinion of the Attorney General) therefore if
the opinion and views of Mr. Attorney General are
found to fail the President and Secretary left with
out any apparent authority of law upon which
the specie circular. Had sufficient time or oppor-
tunity for that purpose it would be matter of
importance, well of curiosity, to examine this
opinion in other points of view not because of
its inherent strength candor but because of the fall
lacics with which it abounds and If the ruitess labor
which is seen to be spent in an uDlucky 1t
qures but moderate qualifications and impartial
tenon, to discover that the Attorney Generals argu-
ment is framed rather to defend bad cause than to
illustrate good one. And even narrowed down to
this view, its failure too gross (f any will examine
to escape detection 1t Is in fact and to all intents
and purposes, labored uphill argument in behalf OF
power without reference to the wishes and the welfare
fthose whom that power is to be swayed Even
if THE clear intention and spirit of the of 1916 is e
out view and the naked letter of the law esored
for its Interpretation the views of the Attorney Gene
raj not unobstructed by legal authority. See Ba-
cons Abrdgment, statute letter I, (where it said
When a statute directs the doing of thing for the
sake Of justice, or the public good the word may
means the shall the law says, the sheriff may
take ball. but tn. construction that he shat do this
If this be the manner of constituting these words u-
dicially, in England, (and who do ubs it p where the
Parliament held to be absolute and erected the
people with how much greater force must the princi
pie apply in this free Government where all offices
whether legislative executive placed under the
people and in case, too not involving naked
judicial inquiry, where cool and impartial decision
is called for but is fact inquiry into the powers
and duties of public servant, where there always Is
should be, leaning in the peoples favor Through
out the whole opinion, the Attorney General has beer
very astute and perspcouus in discerning what the
Secretary if he pleases may do, but never for mo
ment, looks to see what he must do, what the PEG
pie, also, may do. The Secretary is permitted 10,
this opinion to grant the people favor not at hi
pleasure, because the word may is used but is no
commanded so TO do, because the word shall has no
been adopted
Again, the Attorney General contends that if Con
gress had intended imperative duty on the Secre
tary receive the notes of banks payable and pal,
demand, y the copulative and would have beer
used instead OF The distinctive or. But this with dc
ference is singular argument, and, its weakness
coming from the place it does can only be accounted
for from the unsoundness of the cause 1t is brour III
to sustain Under that expression the Secretary mus
have been at loss (n absence Of learned advice
whether not he should exact gold and silver
and United States Bank notes and the notes of speci
paying banks &c, all commingled Gas Littleton woul
express it into hotchpot' together and not const
tuting legal tender unless every Ingredient in ever
instance, put in; or, whether the expression
meant that in the great aggregate of collected fund
the Secretary must be mindful tn no one of those dc
nominations should be wanting Under tn meanin
of such phrase, if B. or came to paw his due,
A with gold with silver and with United State
Bank notes, might not the Secretary (the terms bein
literally erpounded) refuse each one of the debtor
because he did not bring little of each sort An
supposing each debtor to have brought a porto
of each Sort might he, (he Secretary not also inre
niousy contend, that he possessed only the powc
TO exact portion Of each Sort but also of detcrmn
ing by his own will and pleasure, what proportion
should be required order to constitute an acceptab
tender 1t is humbly commended that such a cor
sruction, however absurd, would be quite as cons
tent as that contended for by the Attorney Genera
The SIMPLE truth is, and every unbiased mind mu
see it that the meaning Of the legislature was, thu
any one of the denominations named in the act ,
1916 would do, and they used the distinctive or a,
cordingly
Having sufficiently at least for the present remarke
on the opinion of the late Attorney General and draw
the appropriate conclusions thcrefrom we will no,
turn our attention 70 the arguments Of some other d
tnguished friends and supporters Of the then admins
tration; and in so doing we propose to confne ou
selves, exclusively to members Of the United State
Senate-the honorable and dign6ed representatives
sovereign communities in the Legislative Halls (,