Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1862-02-22

more exactly, 1t provides that whatever
executory contracts parties may make con-
cerning the gold and silver coin Of the
country, they shall be discharged upon the
performance Of another and different duty
by the delivery of an equivalent num-
Der of dollars in these notes. Where, sir,
does Conggess get this power ? Where is
the grant to be found 2 One would sup
pose that power like that--a power which
involves the impair;ng Of the obligations
Of such vast class of contracts, which
proposes to disturb vested rights to such an
immense extent-would be worthy Of
place in the express grants OF the COnsti-
tuition.
Mr.. HICKMAN. I desire to ask the
gentleman from Ohio whether there would
be any objection to this BILL provided it
allowed these notes to be legal tender in
the payment of debts on all contracts here
assr arising, where there was no proyis-
ion in TIE contract itself to the contrary?
Mr.. PENDLETON. I shall answer
that question in the course of the argument
which intend to make, and l prefer to
answer it in that way.
, | was saying that power whose extent
is so great az this is worthy to find place
in the express grants of the Constitution,
had expected to hear tie gentleman from
New York, [Mr. Spaulding,l ] in his argu-
ment upon this subject yesterday, derive
this power from the power to "coin mon
cy.' | am glad he did rot, fer I think
| that no stress Of financial difficulties could
excite the honest imagination of any gen.
tleman, even though upon the Committee
of Ways and Means, TO such degree that
he could, even in its widest flights, fancy
this power involved in those words. ex.
pected to hear him derive it from the pow
er 'to regulate commerce = in this l was
agrceably disappointed. know that
clause is the stalking. horse which is made
to carry almost every conceivable power
which any gentleman has thought it desir
able at any time that Congress should ex-
ercise and yet know that Mr.. Webster
who attributed to the Government of tn,
+, United States more power by reason O
that clause than any other American
statesman of whom l have any knowledge
express y, and upon divers occasions, scout
ed the idea that by virtue Of it, o. Of an,
other clause in the Constitution, sucl
power was given. know it is extremel
difficult to define with cxacttude all th
, powers which Congress may have Ly y;r
tur Of that provision; but sir, | think
might be left to any fair-minded man t
: say whether law, which provides that
certain note issued by the Trcaeury of til
United States shall be legal tender i
, discharge of debts already accrued, is
= fair and Legitimate exercise Of power t
, regulate the interchange of commoditie!
and their barter and sale.
=. The gentleman from New York, M
, SpAULDING,l in his argument yestorda,
deduced this power from the general pow
ers of the Government. He told US th
). Congress had power to lay and cole
taxes to raise and support armies ;
provide and maintain a navy; and that u
:, power necessary to effectuato these purp,
y scs was expressly given by the goner
grant Of the Constitution. If I should al
"a nit his statement in the very language
which he has made it, am l not entitlc
to ask whether he has shown us any leg
. legitimate connection bctweod makiI
If these notes legal tender and the powt
= 10 raise an army Might not ask wheth
d the reputation of the obligations Of IL
IN Government to pay its int rest is legit
!. mate means for providing and sustainiu
10 navy? Whether impairng the obligo
p. ,ious of contracts between private indiyiC
d uals throughout the country will, in al
y degree, assist the Government in its gre
e, duty of laying and collecting axes2 v
Va had no demonstration of the necessity
ID propriety of these means to accOmpli
as those ends.
" The gentleman spoke quite at large
ID reference to the sovereign power of t
III Government. lie told us that this pow
il. was not prohibited in the Constitution
D. He told us that in times of great emerge
ne cy everything may be done except til
b. which is prohibited and he read an a
he gument from the Attorney General, viii
en- concluds as it began, with the propositi
m that such a power is not prohibited
to Congress. Sis, Ircpadiate Ibis whole id
of | think it has no solid foundation in I
m. Constitution, In all It's external relatio