The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-05-11
THE SECRETARY OF THE TREA-
SURY.

THE SECRETARY OF THE TREA-
SURY.
The Clay press, which is ever ready TO invent
any misrepresentation or descend 10 any base
ness TO attach odium TO the Administration oy
vifying or distorting the acts OF It's trusted ON
GERS, has laltely reSned 10 every scheme
produce something like the appearance o'
charge against the present head OF the Treasu
~ Department. They know his power, and
dread its influence. His aeIs are his best tesll-
monials, aud those they are not quite prepared
TO confront, ia the face of such testimony at
,uslains them; hence the resort TO mean sub
teriuge and miserable malgnly.
The Mem YORK American is particularly con
spcuous in this work of detracion. and pre-
tends TO take great umbrage al the official adv,r-
tisement Of Mr. SPENCER concerning some
Treasury Notes, received at New Orleans, and
alleged TO have been transmitted TO the Depart
menl. Heretofore, we have not deemed il ne
cessary TO comment upon the course take by
this iunclonary relying confidently upon his
ability and wisdom; but this gross and intention
al petversion of the facts and differences IN the
case, and the suggestions which have been
thrown out, with the apparent purpose Of injur-
ing Mr.. SPENCER individually and through him
to assl The cause Of the Administration, en-
joins the proprieiy of speaking our opinion fair
" and candidly to the country.
When il was discovered that either fraud
or robbery had been committed upon the Trea-
sury, Mr.. SPENCER promptly and properly caus-
ed an official announcement To be made, warn
ing the publ; of the facts and diaclaming the
liability of the Government 10 meet obligations
which had already been satisfied; this was the
part of discreet and honest officer, and is thus
expressed:
AS these notes are wholly invalid and cannot be
received, or in any way acknowledged by the Trea-
sury, it is deemed proper to publish the following alb
stract OF them that the public may be on their guard
| against receiving them.'
| To this language the american takes excep-
ton, denouncing ii as ''repudiaton," and cies
the example of the English "Exchequer Bills"
to maintain weak, false and unlenable posi-
| ZION.
The Secretary of the Treasury is an admi-
nistratve officer, whose duty it is to execute the
written law of Congress according to its true
and legitimate construction, having no dscre,
ton except specially invested, and amenable for
any derogation of these powers. He has no
authority TO look behind the act itself TO con-
struct al intention for lawmakers, but is re-
,tricted solely and distinctly to the real meaning
of the statute. This principle applies through
the whole code, and admits of no exception, di-
rectly or indirectly. When Congress auiho-
rized the issue of Treasury notes, the Secre-
tary OF the Treasury was empowered and d.
rected TO put out certain liabilities of the Gov.
ernnent in certain forms and in certain limited
sums-hese notes were made receivable for
public Dues and when redeemed, the ob'iga
ton Quoad hoe, was necessarily cancelled. Ia
the case at New Orleans, the notes in question,
where paid in liquidation of duties and the Gov
eminent so far as officially involved fulfilled its
contract for all received. If by robbery, Oh
fraud, or other means, these notes were
second time put in circulation without
some recognised endorsement, the Secretary OF
the Treasury has no right TO inquire why they
were so received. 1t is enough for him TO know,
that the Government was only responsible for
so much, and it has once legally redeemed lis
obligations. Suppose individual cases like the
present to occur frequently, and as the law now
stands, there would be an unceasing and I'M
satlstaetoay Jfas ri snv If men will areIe.v
or imprudenty, or even honestly, accept the
presumed-to-be liabilities of the Government,
without proper circumspection or common pre-
caution, they do ii under the contingency that
the Government, and not the Secretary of the
Treasury, is answersble for the claim. His
duty Is fined and circumscribed and he has
no delegated or admitted privilege to transcend
1t one inch, or to consult private sympatbies in
his public relations. The remedy of such mis-
fortune lies in Congress alone let it there be
shown that the requisite care and diligence has
been practised, and the remedy may be extend
ed, but let il not be charged that the Secretary
OF the Treasury has gone beyond his sphere,
when he is legally and justly fulfilling the let
ter Of his written instructions.
! In the instance Of the English " Exchequer
Bills" brt ach Of trust was committed by GER
tain officers empowered TO issue, or in other
words, to make current responsibilities Of that
government Every act so done by the &c agents.
was an act pro tanto Of the government itself
while they were recognised because its conf.
dence and authority was entrusted TO and repre-
scented in these persons, and if they violated ei-
ther, the government was liable for agents en-
ployed in such high rust-ihe People had no
agency in the selection of these officers-nor
dad any part OF the community once receive
value for the fraud Of trust. In lhi, view. Par
Lament might consistently indemnify innocent
parties, bot it is very questionable whether the
Chancellor Of the Exchequer, without having
contingent authority carefully provided land