New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-01-29

-, 20 nerforp; it has anple power inS po".
.So1,d now DO enforced. Wli Congress WIS
duty III TIC smereency ia
- I'd lie exerci-e o. this power II no" IN
'rsrative necessity, 10 order 70 sustsin the creule
L. Tri,ed States and iusify the Government III
-, on large an fmcunt Of Treasury noleS 10
n;,cnl9te as money end he made ieRhi 'en'o' '
pavmsnt of debts. Congress a' WEI" as Wy H.. w..
rr;,tes of WAYS and Means, Is OF opllon IVA, VIC
49, sse by direct taxes, eXcises, internal dunes
au1 drt;es on Imports during the curre' year It,
-. q 81 600 0O1. That Wa shown by me fesenV
linton passed by the Senate ard House: lhiS
v~iIl raw H. current ordinary expenses on "o'cru
r,snt and lhe iateresi OF ell The extraordinary war
AM and create sinking fund for retiring annuaiy
a norton Of the Treasury notes.
In carving on the eXi.ting war, and putting down
tbs rebellion il is necessary 10 brlng INTO exercise
euthe eovcreior power Of the Government 30 sus-
tain iisslf The war power must he exercised 70 -
frlleet extent. The money power OF The Go'eIu
pnent must be bro gilt into reCni.liion. the ~
10 tax must he awaited Of Al tie energies o, 'n'
nation must re Aroused and brought mo az tbe
The power Of TIE Government and the means The
people must Ill he devoted 10 this grest Ns;on of
(;oternmeut NUT lie ervsd. ana sN'' 1be life OF
ttiny-iour States must be perle' Go,e and al we
the Ngtion % iii reril, and all we NV sv;stence
hone for u,nst he devoted 10 maintain us ga 80, ot
until peace and Quiet are restoIed Ill ''''
our common country. .:,ox
This bllisa nfccssc mca"S o. "a" ",.,;tption ",o
ecutioA The mowers granteJ IN VIC ~. '. ~. ID snd
raise ard support armies, anu ~
MAINTAIN navy. r.. :. :;
~ ~ ffbst the AMY should be "sup1orted,
- -. " maintained" This necessity VIII
nc, he questioned by any loyal member on this
aoor. .-y,..,.. ,,.,.,-
soyg and proper for Carrying INTO execution Tie
fo-epciuR powers" ray he passed by Congress
If the Fad be eciti,sate, and within the scope OF
the Constitution, all the mans that are appropTste'
winch are plainly ADAPTED 70 tha' enc sh" oIe
not pro bited, may be conftiu'ionaiIy employed 10
larry 10 into effect
ia certain resns 10 the exercise Of any Of the
oousr. exnressly given by the Constitution 10 the
Eosernment of the Union lie an appropriate measure,
nat uroh bited by the Constitution the degree OF 's
nfce--iiy Is question Of legislature discretion; not
Of judicial cognizance'
The Govern ert Of the United States is not pro-
b;bi,4d bv the Constitution from isuing Treasury
notes on demand, and sking them iegai tcader
IN pavment Of Az debts within its jurisdiction.
The Constitution An. /. sec. 20 prohibits The States
from making anvthDQ but gold and silver coin
egs tender in pSymers Of debts; hut tins does NOT
al al restrict the Nerei N power OF TIE tmted
States Congress has the power 20 coin money,
CIRCULATE the ralue thereof, and o. foreign con-
Gold and silver, by long pracuce-a prac'oe Iha'
has continued for centuries among all nalions-has
become the legal money OF the world IN
ell commercial transactions. lts real lntnn
upon it by Government. Al Governments fix the
value Of gold and silver, and without the Gov
srnnent stamp, gold aud silver would lie s simple
commodity, ike other things having intrinflc value
Some Governments fix he value ~ coin higher, and
some lower lust as each for itself chooses 70 deter
mine. ANY other metal or thing that should be
stamped, and IFS value regulated by all The Govern
neIs Of the world, would pass equally as vel in all
commercial transactions az II and silver, although
not iutrinsicaliy as valuable. Excheqner bills OF
Treasury notes, whose value is fixed by Govern
meut, and stamped az money, would psss as money
in the payment Of 6ebs within the jurisdiction OF
the Government fixing uch value.
In regulating tie value Of " coin, either foreign
or domestic, Congress may provide that gold and
tlyeF shall be Of greater in the payment Of
oebtf within the United States than the Treasury
notes issued on tie credit Of this Government which
STAMPS such coin and FIXES i,s value. These high
powers Of government have been Frequently exeT-
ci-ed by Grea' Britain d. ing Der Coniiueniai wars
II making the Bank OF England notes a legal tender
!; IL payment of debts within the United Kingdom
and az err governments Of Europe have exercised the
same ligh prerogaiives whenever necessary 10 pre-
serve their existence But we are not left TO this
argument alone for constr utioDal power to iEsue
these demand notes and make them legal tender in
payment Of debts, as viii endeavor hereafter TO
rhow.
The Attorney General, in an unofficial opinion.
given to me- al NY solicitation, SAYS
TIE bin seer providing Tor The sue Of Tres,ory notes
.oftsips tins osnse namely: And snh Treasury ,h
be lawful money. and is9a ir'Sy in PAYMENT Of al d
sire NJ opnor Whistler h- cs1se e. no cons' 1onsl
Certainly Coustiutos contains direct vsrbs pro-
bihor End think contains nfeeDs Prohibition that
20 arlv drawn from Is expressed terms The hF ai-
el.of the Constitution eeon rrsns 70 sprrin'
ts'iou upou ConTes' upon The niffd siae' ard mon
fhG rHis that
n,dor No Sfatr .hs ua5e spvisns bu, goa and ,vs
only and rot to naion thus has been always ande
with resard to the mex, preceding in ~.
sri biz q credit T. q7i'e strong the prohibition 70
ufe an vthnr bui gold aud legal tender ye'
bo8v doubts-Co doubt s 20 ssre bills
ofcec Treasury ro'~i os Of credit and think
surt much prohibited IS the other Neither 10 forbidden
ssConr-eSs."
Tho Constitution provides that Congress shall
have POWER 10 pass 81 lave necessary and proper
FOR carry Jog into execution sl the Towers granted 10
the Government oftbe UDbed States, or any depart
meut or officer thereof
Tie word nece-sary. M nred, IL no, limited by the
additional word "prorer," but enlarged thereby.
"lf e word neesayr u'ei IN the sirict Rigorous
't~ II would be an 'er'na-y depare from the
oole O. tie human niod exhibited IN solemn nstrn
et ~ add a other word The only HE effect OF which
80 aiy that strict sud rigorous meaning ard 10 pescrt
Clearly re ides Of chor' N mears IN he Of le7i,s
A 70 nesrt re 70 oe e."rted 70 hut snch ~ aye ,ads
p''4br n-esay there be neither utility IN
you'd DO, rom ys ~ ooa.serop n he p,osS.efv Of
she uesu''-l3 story'' Commentator sec. il2.
AeNav der Hamilton. in discussing these high
powers Of the Constitution savs:
"The tuihori;ie, essential II. e.r. Of N. co,,,,on
defense hes- To rai,e amiesi 10 hud aid ,r,i So,
- precbe rules for he government q bob. 10 Sc, b
operations; % provide Tor iheir ,nppo csc ,o,rs. 80
@ Ell eithou limitation; became T. - ru, M A. e
iehue the extent aud variety Of Haiio, A. e,isr
the extent sud variety Of The ioe,,s
o sal ~ them. The circuns which euasr.a. ~
tsi &C n,tors infinite; and for his reason no rs,
t0ua shscl.s wisely he imp 5sed or power 20 ti
IL care OF u & cO.Unfftsl. Tfis noy,.x ,..t.
- -. VnkLt