First in time and very indigenous in character was the Presidential
attempt against one of the sacred safeguards of the Treasury, the
original workmanship of Alexander Hamilton, being nothing less than
the “Act to establish the Treasury Department.” Here was an important
provision, “that no person appointed to any office instituted by this
Act shall directly or indirectly be concerned or interested in carrying
on the business of trade or commerce”; and any person so offending was
declared guilty of a high misdemeanor, and was to forfeit to the United
States three thousand dollars, with removal from office, and forever
thereafter to be incapable of holding any office under the United
States.[119] From the beginning this statute had stood unquestioned,
until it had acquired the character of fundamental law. And yet the
President, by a special message, dated March 6, 1869, being the
second day of his first service as a civilian, asked Congress to set
it aside, so as to enable Mr. Stewart, of New York already nominated
and confirmed as Secretary of the Treasury, to enter upon the duties
of this office.[120] This gentleman was unquestionably the largest
merchant who had transacted business in our country, and his imports
were of such magnitude as to clog the custom-house. If the statute was
anything but one of those cobwebs which catch the weak, but yield to
the rich, this was the occasion for it, and the President should have
yielded to no temptation against it. The indecorum of his effort stands
out more painfully when it is considered that the merchant for whom he
wished to set aside a time-honored safeguard was one of those from whom
he had received gifts.
Such was the accommodating disposition of the Senate, that a bill
exempting the Presidential benefactor from the operation of the statute
was promptly introduced, and even read twice, until, as it seemed
about to pass, I felt it my duty to object to its consideration,
saying, according to the Globe, “I think it ought to be most profoundly
considered before it is acted on by the Senate.”[121] This objection
caused its postponement. The country was startled. By telegraph the
general anxiety was communicated to Washington. Three days later the
President sent a message requesting permission to withdraw the former
message.[122] But he could not withdraw the impression produced by such
open disregard of the law to promote his personal desire.