The Placer herald., 1862-10-11
THE PLACER HERALD
rUBURN, OCTOBER II, 1862.
More Plain Words from Pixley.

We took occasion in our last issue to re-
fer to newspaper contest now in progress
through the columns Of the s. r. Bulletin
concerning the legal tender notes issued by
the Federal Administration, in which abe
Attorney General Of this State had taken
stock.
The Bulletins we havs received since then
contains something further from that officer,
eminently calculated to enIighten the minds
of, the San Francisco people. as also of the
state at large. We like plain words whether
from friend or foe, ii avoids false hopes and
brings us to fair dealing We then know
our position and can provide for the real
state Of facts.
We would neither cheat nor he cheated,
and this seems TO be the one upon which
General Pixley is acting. He does not de.
ceve himself with the idea that the practices
of the times are sustained by any civil au
,horitv contained in the constitution. laws or
the precedens of the government. He says
that to him there is nothing funny in the
assumptions Of unusual and dangerous pow
ers of the government at this time: and Of
the legal tender notes, he saws:
From what power arises the Legal Tender
notes? They are an innovation upon the curren
cy OF the Government The right to create such
currency with the Legal Tender clause was
never before claimed by any statesman. so far as
rs l have ever heard 1t was repuIiated by the
trainers of the Constitution and all the Constitu-
tional cxpoundcis whose opinions | have ever
been able to ascertain. Il was passed in Congress
In defiance to the opinion and in opposition 10
fLa nd Of ifs Ii oic bp1 l,yy mo-
Lers. Fessendcn, Collnmer Sumner, TrumJull,
Cowan and others deemed the clause illegal and
npoliiic. Yet it became the law by a decisive
majority, and it. passage was urged and put upon
the broad ground OF NEcEssIrY,'
Unon The same board doctrine Of necessii
ty he iusi6es the suspension Of the writ Of
haheas corpus. whilst he makes the following
comment upon the act OF lhe president.
What ligLt had Mr. Lincoln TO suspend the writ
of habeas corpus. and 10 set at naught the decis-
ion Of a Judge Of the Supreme Court OF the Uui.
ted States. constituting himself Judge of the
necessity of the act? a writ Of right. older than
written constitutions. held sacred against tie
usurpaton OF kings. as old as the common law.
endeared by every tradition of liberty. 1t was
the act yf Il military dictator and no Roman Pro-
consul ever performed an act more Grbitary.
He cuts IF all hores of the front street
men through law and the Courts and of the
Constitution, he says it may do for peace.
but it does not do for war and the sooner
that 'act becomes recognized one, the bet
Ter ftr the nation" .
That there may be no mistake about the
effect Of this doctrine of necessity. lie thus
answers the queries Of the BuI4tin's cores
pondents.
'.Iiope Not asks, "How is the government bet
tered so long us the people retain the power of
dXing their own prices upon their own property
or their own ialoi2 Why does not the Govern
ment. it the paper with pictures is equivalent to
gold force the people to hand over their gold in
exchange for plppl?" So the Government will
when the necessity comes When man ishratted
Tor military service he is compelled to fight at
the compensation fixed hy Government II the
Government needs gold to carry on the war. it
will take it and give pictures for it. II it needs
private property for the public use, it will take
it, There is no private lery and there is no
private property when government needs men
and means for war. Not the hundreds of mil
lions of private bank paper, nor the marble pal
aces OF wall street" that so dazzle the vision OF
HopeNot, cannot be permitted to slandan the way
OF this war for the war must go on althou Oh pri
yatc bankers fail and bank palaces crumbe.'
We think Mr.. Pixley is entitled to much
respect for his manly admissions They are
uuths-serious terrible truths Of which lie
seems himself to be deeply impressed with
their awful solemnity He is lawyer Of
learning, a gentleman Of ptelligence,a poljtil
clan deep in the confidence of Republican
leaders an officer high in the state govern
mem; we have heard that he has properly,
interests at stake, ali Of which facts taken
tog, Her leads him TO study, and entities bim
to know the ful force of what he is saving
Like a brave gentleman lie looks the truth in
in the face, iut like (as we think an un ise
statesman provides no remedy. He sees the
civil authority rendered suhservient to the
military, all government involved in a des
potsm, ami all the remedy be suggests is
more of the disease.