The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-10-13

Senator after admitting see MS sPcech that although
the fourth section relates merely TO forfeited and
yerted lands still contends that Its spirit peades tn,
whole act - That is TO say, MIR. Editor when The
Congress Of the United States are legslating oyel
forfeited" and reverted lands, and prescribing rules
to govern them they not permitted TO do so, with
out having their words also applied to lands not for
feited or reverted Ii Congress had intended the Law
to apply to lands generally, why say forfeited and
reverted" lands Will matter intuitlvely plain
bear even the ssmbianee Of argument
You have doubtless heard much concerning the
speech Of the honorable Senator from New Hamp
shire, Mr. Hubbard, touching the Specie Circular
say heard much, for, in the Globe of that day, and
other papers this speech was extoled masterpiece
of reasoning and of solid argument Mr. Websters
speech was not to be compared tot That gentleman,
Mr. H. not finding adequate shelter under the law OF
1876 settles upon the fourth section (already spoken
of OF the land law of 1920, which, he says seems to
my mind to settle the question as to the legality of the
Specie Circular conclusivey." Here we presented
with the main ground the strong point OF this speech
Mr. Editor can such things be- and oercome US,
like a summers cloud without our special wonder y
Grave Senator'S the representatives of sovereign com
men, to build their public speeches on such sandy
foundations these
The then honorable Senator from North Carolina,
Mr. Strange, thought with the Attorney General and
Mr. Benton that the act of 1916 justfes the Specie
Circular; and his words are: " The collection Of the
revenue is strictly an Executive act The Leglsla-
ture be sure prescribe the subjects OF revenue
and the mode of collection; but the funds, to use
the language of the resolution in which it is receiv-
able Is in the general fair subject to be LEFT to the
Executive and the Constitution, and the broad range
of circumstances which, from time to time, arise"
think the honorable Senator must have been attempt
ing Ito use his own words) 10 spur the flying seed'
of Executive power already too swift rather than his
own more lazy-pscing judgment, which more needed
squirting. Side by side, with the words last quoted
let us place those OF the then Senator from Virginia
Mr. Rives anohet great friend at that day, of the then
Administration-hut greater friend to the laws and
constitution of the country-and see how they stand
in the comparison. We think the difference Of doc
tr'ne between the two gentlemen is great and that
of Mr. Rives much the better ofthe two He says, Gin
the joint power which the constitution invests in Con
gress, to lay and collect taxes duty is read to
much part of the legislative authority say in what
manner and by what rae the collection of the public
shall be effected, as to say what amount, and
from what sources it shall be raised"
The Senator from North Carolina by way of full
illustration of his argument and views in favor Of the
Circular" says;
" Let us suppose the administration the private
agent Of private individual [why not the public ser
want OF 100000 of freemen n whom will
imagine to be Congress. Themselves but representa-
tves. In of those moments when the mouth
unconscously pours forth the feelings Of the heart
the agent overhears his principal, while casting over
in his mind the large estate of which he is proprietor
and the vast sums of money which, by way of rent
pouring into his Golfers, believe says he will
instruct my agent to receive nothing but gold and sill
yer from my tenants. The American people the
tenants Of the Secretary of the Treasury! that,
rather disparaging comparison. He debatns thu
matter with himses and finally concludes tc
give his agent instructions the subject. Blu
gold and silver the legal currency of the country
and the agent of his own head and imagination I'd,
direction Of the Prcsident compels the tenants L
pay in gold and silver rather high-handed IN th
country.1 They complain that is, the people that Il
would have been easier for them land so It would
have paid in the notes of specle-payng banks VIII
what justice could the principal complain that he nae
been conemptuousy treated by his agent the tenants
the people, are of no account, because he had mo-
construed his not commanding him to demand golt
and silver into command not to do 1t u Perhaps IN
principal thought the private agent would do as othe
private agents had done before him, and therefor,
considered special instructions Unnecessary ] con
fess had the honor to have been at the head Of thu
Treasury Department | should have reasoned in THU
way"
| 1t would appear to any impartial mind that th
figure sinle, far as it be understood, Cane
doubtless it has been often used) conveys very er
roneous idea of the subject greatly to the exutatior
and glory of the "pivate agent" and much, yer,
much to the disparagement and degradation of tn,
sovereign people. We cannot sir view the Secretar,
of the Treasury in the light of privagc agent wht
is to exercise his power third personss but, OF
the contrary, must consider him public servant
who is to exercise his functions over the principa
himself! If this be So ought he not if he expect hi
conduct to be well pleasing to that principal and
sequenty to merit continuance in his service, (espe
cially if such had been the rule with all private
agents in times past) to act with strict and consan
regard TO the will and wishes of that principal, an,
instructions" to the contrary notwithstanding D
When the notes of speciepaying banks, payable an'
paid on demand, &c, recognized by the nationa
Legislature good tender of public dues, the note
being at par where offered and never before refused
think it would be rather more becoming in the 'pri
vate agents" then as in days preceding, do tina
which would be "more convenient to the tenants, Il
wit receive the notes of spccie-paying banks rathe
than "of his own head and Imagination compel tn
tenants to pay in gold and silver" The honorable
Senator contends that if he chad been in the Secrea
ry place, he would have reasoned in that way" TIL
fallacy and utter inaptitude of such arguments ar
plain, and form strong negafire argument agains
the which they adduced to sustain 1t show
very plainly that the law of 1916 is not so easily mad
TO justify the wild and extravagant assumptions 0
power by the Executive, as some folks imagine TIL