Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1862-10-11
That Opinion Reversed.

/ Congress did not intend to enforce the receipt
of these notes for taxes by States. In thu
examination of that case came to the con
clusion that Congress had no power under til.
Constitution to make paper legal tender
for any debts but upon more careful exam
ination, not Of authorities, but of principles,
am clearly Of the opinion that Congress has
not exceeded its authority in establishing pa
per currency and declaring it receivable 70,
all debts past, for all transactions in the pres
ent or for any obligations maturing in the fu
ture. This power comes not from the authori
ty Of Congress to " coin money and regulate the
value thereof" or to borrow money or regulate
commerce. but arises in the necessities Of the
Government, and is to b. carried out as wa,
measure. If the Government has the powe,
or right to carry on this or any other war
then it has the right to raise means for its
conduct from the people. If there is moi
enough gold and silver in the country, then
paper notes must be resortcd to rs substi.
tute. If. to give that paper value. it becomes
necessary to enforce its circulation by legal
enactment, then such enactments are necessa-
ry, and because necessary, are lawful.
The Government may draft citizen for
military duty. may take his property for mil
itary use, may quarter soldiers in a private
domicil; does suspend the writ Of haJeas c~r-
pms and til" right of trial by jury; declares
words to BE- treason; Restraints the license of
the press; imprisons without trial and dis
charges without hearing. ard does many
things which, at time OF peace" would b.
hateful to the people and in contravenlion Of
law. These things are all deirnsble upon
tho one plea--neccs>ity they are necessary
measures. The Legal Tender note enact.
ment is n war measure. Currency is necrs.
sity to con 'uct The war. The War Depart
mpnt and not the courts, is the tribunal to
determine the legality of Legal Tender notes.
maintain that they ARE legal currency, be.
cause the war has made their issue an imper-
alive necessity, and therefore the courts will
sustain them as legal; and further, | main.
tain If the courts do not sustain the Govern
mrnt in its currency. the Government will
put down the courts and declare martial law.
Government should have revoked Mt the
last Congress, aud will revoke at the next, all
bank charters; suppress the ISSUE Of al paper
money except from The treasury of the United
States; make lis paper receivable Cor all dues
to itself. Ii it needs gold to pay coupons to
foreign holders, let j, purchase it as mer.
chandise This Legal Tender question is
only n war between the Government and
Eastern bankers. brokers and money dealers.
and The sooner tho Government with the
strong arm excrs it's authority to sweep the
rags of private banks from the monryed cir
Giles. SO much sooner will it give value to its
own issue.
This paper has for its basis Of value and
security the pledged honor of the Govern.
mrnt, the future revenues Of great CONNER
cial nation, the labor of 10000 900 of people.
millions Of acres of public lands. thousands of
millions Of value in public mines, and more
than twenty billions Of dollars Of private
wealth. Why should not the notes and bonds
of the United States Of America pass among
it's own people ut part Yet tho merchants
and bankers Of San Francisco make mer-
chandis- If Government bills, refuse them in
trade, reject them at their counters, dishonor
them and take them at discount or drive them
+" the broker. The Chamber Of Commerce
has rrpudiated them by formal resolution.
Yet tho merchant pays his Eastern debts in
them. RENTS gold to buy paper. buys in New
York with grren-backs. pays fright in green
hacks. and prints on lis bills payable on
steamrr-day lin gold coin Of The United
States" Yet Gen. Hooker and Col. Mnthe.
s"n. who are fighting our battles. and tho five
California regiments who nre protecting the
frontiers Of California, Or trnmping the burn.
ing sands Of Colorado at $l3 per month and
the 9th regiment of Infantry, who garrison
our forts; and the Sd regiment Of artillery.
which at Alcatrax defends our city-oficrrs
aud men ars all paid in Legal lender notes.
which when used to sustain themselves, their
wives and families, are receivable ut 10 per
cent. discount. This is neither right nor L.
gal, and ,hr sooner the people Of this city un.
derstand their rights, the sooner they will as.
sort them.
There is, perhaps. n moral obligation to pay
in coin demands that were made in coin. Nv.
cry persons must bs the judge in his own
transactions b. fore the tribunal Of his own
conscience; but 1t is lawful to pny all debts
now maturing in Legal Tender notes. No
matter If tho obligations is written for "gold
COIN" or for bullion Of certain weight und
fneness." These contracts arc void. and no
contract can b. 80 worded or guarded as to
invaidate Or depreciate the paper currency Of
the United States. The cigar man who paid
for gas in Legal Tender notes WIS right, and
the Gas Company cannot remove his metre
nor shut of his gas without invalidaiiug their
charter. The wntpr companies OF San Fran
cisco are compelled to take thsir ply in Le-
gal Tender notes. The omnib,,srs and
Wells, Farg" & Co.'s express. and steamers
and stage companies. and all public hotel
keepers and common carriers can uei,h.r r..
fuse to receive the notes NOR to d. service for
them. nor can they discriminate against the
notes in prices.
The PRINCIPAL and interest Of All mortcn.