Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-02-20
VOL. L. x XVII
Rsi. JoAn a. BIsflllaE ElIsagsIseeI Tsn.

EeNt Sohn n. htE9 Hl-li - ~ fl.rttA NSn'
s,st. La .der Bin. rsli isanp.a
On the 4th inst Hen John A. BlBshGm,
Of Ohio, delivered 4 speseha IN the uuited
States House Of Representatives In support
Of ne bill declaring United States Treas
ury Notes . legal tender. HsWas replied
70 by several members, some Of when, as
is olnimed BY Mr, Bingham, nisapprehshd-
ed bis position IA relation to the power
conferred by the Constitution on Congress
to declare what shall constitute q legal ten.
der, In order that he position Of Mr.,
Binsham may b clearly understood, we
subiOin the following extracts from his
speech ;sss saasa a5uv ala.a % .sa1
uPoint out ths soords in the Constitution
giving to Congress the power to make sold
or silver coin, either foreign OF domestic,
legal tender.l There are no such words.
The ehileman seems 70 infer, because Con-
gress is expressly authorised 10 regulate
the value Of foreign coin, Il is therefore
in words authorised 10 declare foreign coin
legal tender. Such q conclusion is BY no
means self evident The Constitution de.
clarts that Hno State shall make ANYTHING
bat gold and silver coin q tender in paw.
ment Of debtsN No one doubts, presume,
that euy Siste OF the Union may make the
lsgaliEsd gold and silver coin Of Ire United
States f'a tender in payment Of debts;r
but does It thence result that State may
either requisite OF change the established
value Of foreign OF domestic coin2 II any
State should 30 this, the Verv purpose of
the Constitution 10 secure 0 uniform STAN
derd Of value would he defeated. But, sir.
II the power to make gold and silver coin
legal tender, necessarily involves, and is,
in fsCt q pewer e requisite its 1alus, It
logically resHlts that IS each State may |
make legali1ed god and silver coin legal /
tender, each State may regulate the value /
thereof. The power to regulate the value
Of coin, and to declare what shall be le.
gel tender, are es separate and distinct as 4
are any other two distinct powers in Con.
gress-as distinct and separate, sir, ss are |
your powers to lay aud collect taxes. and
your power to establish post Offices and post
roads. aei . -8a5
HThe point l1dEe Is this. Congress has
power, by theI termaOf The ConStii1lion. to
tx the standard value Of foreign and 40.
mestie coin, and the power tOdselars a legal
tender, and that these powers are distinct /
Ny friend from Vermont agreed with me in
the Ihirty-Fourth Congress in sweeping
away the existing statutes Of Congress
which made foreign coin a legal tender in
the discharge Of debts and By the same |
enAotInent changed and fixed anew the value
of foreign coin. / want to know, If We
can rightly exercise that power IN relation
10 the rights Of. debtor end creditor, touch.
ing foreign coin, BY what logic my colleague
Mr.. Pendleton) arrived at the conelu-
sion that We egunot IS Eelb exercise it In
relation 70 domestic coin2 Jaai4 Iaeu i-tia
al asserted that Congress had the power
under. and BY the Constitution to declare
what should be 8 legal fender, but was not
restricted By any express or implied pro-
vision or construction Of the Constitution
70 gold and silEer. Ny argument was that
Congress had By express grant Of the Con-
power to regulate commerce, and
hat, resultant from that power It had also
Ihe power to declare what should be rsoeiv-
ID in payment Of debt. {. / said further
hat Congress was empowered by the terms
u the Constitution to fix the standard val-
ne Of foreign and domestic coins, whether
'f gole or silver iron or copper. .,r.srs.l ~
III have said Il is very clear by the Con.
ltitution that the legslized coin Of the
United States is the standard of value, and
hat whstsyer paper money Eou may issue
should be redeemable ia the current coin
IF the United Ststes- have shown, /
rust that the uniform legislation Of this
country demonstFates the fact that the pow
9r Of Congress to determine what shall be
awful tender is restricted BY no express
u implied provision Of your Constitution.n