Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-08-12


aud as the advocates OF arbitrary power thought
and &c, in the days Of John Tyler.
In the earlier stages Of the levy Of Ship Money
/ before Hampton had forced the matter to judeis
decision, the King took the opinion Of all his judge,
as to the legality Of tho proceeding. They alssned
an exra.iudicial opinion, conforming to the Kings
wishes--jast as MIR Legarc has done in the pre-.
sent case. This opinion OF the iaithless oracles o
justice, was afterwards urged by the apolcgists
Of Charles, to cx:use and justify him in tramp
ling under foo, the liberties of the British PEG.
pie. The stern patriots of that day, however, did
not regard the plea-but they brought the high Of
fender 10 justice and the block. similar plea to
exenuate similar conduct, on the part Of John Ty,
Ter, will be treated in the same way, unless the cause
Of human freedom has fewer and less manly cham
pions than two hundred years ago. Tylcr's
usurpation is not even so well sustained that oil
Charles. The English Monarch had the advice no,
only Of the Judges bu, Of all his minis,ers-Tyler
has but that of his Attorney General olone-thc
o,hera having declined to give any opinion, except
the Secretary Of the Treasury, who expressly de =
MED the authority of the President to collect taxes
wi,hou, farther legislation.
The Charleston Couter-a paper OF great mode
ration, and Of warm personal and political partia.
| ties for Mr. Lesare, thus comments on his opinion
| in which Law and right are made to bend to his
| retention OF place:
ls able and Ingenious and entitled great dcfcre
from the high legal authority whence Il emana,cs but |,
has Jailed 10 convince TO vndcac the Executive
from the charge Of assuming himself the whole rowcr
of taxation and Of collecting duties from citizens with
out the authority sanction OF law" Mr. Lcsare ise
q afr civ
Whether there all now in iorcei ID
whether admitting the affirmative be the the home
valuation principle be carried by executive auho.
ry without further legislation by COngrcssi the FIRST
| question We think he has made very strong argument
but by means sufficiently doubt and here
there Is doubi President especially one who claims TO
be strict eonstrueonsi, should abstain from action
peeialy where the necessity Of action has been Great
only by his own opposition 10 the legislative will seems
however that the Executive has adopcdl his guide
this manner the British rule OF mprcssment on the
where we doubt, take the trick" On the other and
perhaps the more important may be the
merits Of Mr.. Lcgarc's arguments, it is completely NULL
fed by that conemporaneous history, which Mr. Lesare
himself appeals TO support his own Construction. We
shall content ourselves for the present with presenting the
historical refuiation OF Mr.. Lcgare's opinion.
Mr. Legarc, In the inquiry Of the Secretary of
the Treasury says-"I OF opinion that the Revenue
Laws, they stand do, in default any further crsla
ton to that effect by Congress- Gior.s the Secretary Of
e IredsnTy under The direction Of Ihs Preside TO pre-.
scribe regulations for assessing the duties to be levied
under the act OF $780," Now the 81 sec OF the act cnacts
That UHiR the SOFA day Of june 1872 the duties impos ed
by existing laws, modified by Ibis act, shall remain and
continue be collected" the last clause OF the
ton adds-"and from and ater the day last Aforesaid the
duties, required TO be paid by law goods wares and
merchandise shall DO upon the value thereof n
the port where the shall be entered under such re
gtaffoHs may Be prescribed by laen Mr. Lcgareis
chief argument this passage is that the concluding
words In italics are mere surpusase, expressing which
would Otherwise have been implied, and that these worls
are satisfied by regulations which the Secretary OF the
Treasury is authorized TO make by the Of 1872 I'M
fortunately however, fr this position or argument, tho
Senate Of which MI. Tyler himself was member, con
emporaneous decided this very question the other way
When the compromise bill before the senate and Mr.
Clay proposed the home valuation clause amendments
Mr. DiekeIson OF New Jersey TO strike out the
word ei' at the end Of the section and the words
the Secretary Of the Treasury NTH The appro5a,on If
ne President Of Ms ~ s." This motion was discussed At
length and opposed by Mr.. Clay and others and ,sas me-
gGfir d rifh0Hi a dirfsion
Ar Clay was opposed to the amendment. lie doubtsd
President and bis Secretary. The object CT lis own orr
act 20 te;Ail on the principle OF the amendment"
"Mr Clayton said lac would give the powsr Of regu.
sns The valuation to the President and his Secretary; for
they shouldbe opposed 70 ton giving them
| too much power over the principle"
This IS the historic evidence on the subject; and what
Mr. LEdIRE Gin this very opinion and in relation TO
this very clause Of the the weight OF such cvi
Jcncel
Resides the history Of may 10 looked 10 for
The purpose Of aiding the explanation of scope ami
sHIt, The supreme Court has saidit will sometimes
W2eaf2H r. gibbons 60. Ogden"
Ii Is manifest then, that Mr. LKoARE, himself being
judge, las inerpoated into the clause the very words
usurped power which The sehste DNI TiLFn being one
OF thenO expressly refused TO confer This SUBJECT Ia
susceptible Of further and still more curious historic
illustrations but We have only presen, To add tha
Mr. IrtRR hmsoL on the same occasion. in the Senate
opposed the home valuation principle as uneoasuional
and we now fad him grasqns the power to carry out
this unconstitutional principle, by executive author
~ in defiance Of the Will Of Congressi II Mr. Tyler
should persist in this ndeensible course after veton.
another irin it may indeed bee question: whether
the opinion Of his Attorney General thus historically
shevn to DO founded in error should protect him from
impeachment.
~" The famous Reuben NJ. Whitney, who
1 Ia