Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1862-12-17


over forty sidines, is not legal tender. From our
enemies We may learn something upon this subject; for,
by act of their Congress- their Treasury notes Issued
pending the present war to aid them the work OF our
subjugalion, are a legal tender.
In regard to the constitutional question, the writer
whose views giving says correctly there is pro
hbton upon the national Legislature to be found in that
instrument The only prohibition in the Constitution,
which is copied from the Constitution Of the United
States is upon the States and is in the following words
40 State shall make anything bot gold and silver coin
tender in payment of debts Very slight research In
to the aneconsttutional history Of the States viii SET
in the ceares light the soundnes of literal and strictly
narrow construction of these words They intend
ed to restrain State legislation and nothing more, and
in fact BY no peryersion can be made TO mean anything
more Pending the troublous times of the Revolution,
and during the period between its termination and the
formation Of the Constitution State legislation had taken
very vide and disastrous range upon the subject offender
laws Not only uSouzd paper money, but worthless and
unavailable property, arbitrary aPpraisemen were
made legal tenders This most runous in its conse
quences alike to trade and morals Different laws, with
conflicting and variant provisions, to the utter confusion
Of all law prevailed in the different States. This const-
tiona provision TO prevent the recurrence of this
cryngeyL One of the chief reasonsor the erection Of
the general Government the necessity OF single
omnpotept power for the regulation of the general trade
and finances Of the States, as TO secure harmony
amoa themselves, domestic tranquility and uniformity
of vale throughout the entire country This was essen
tial to the moneyed dealings and commercial trsnsse-
tons of the Government and citizens, For" says su
Al. ~ wall
be asked why vest in Congress the power to establish
uniform standard of value if the States might use the
same means and thus defeat the uniformity Of standard,
and consequently the standard sef' This standard Of
value together with the general regulation of our none
tary affairs, Is submitted the wisdom of Congress,
aud il both implicitly and expressly has all the powers
necessary and proper for the performance of these inf
portant duties.
In the absence Of constitutional restrictions both the
State and National Governments would have had this
power The trainers of the Constitution had the sub
ect Of restriction upon the power directly before them
aud under consideration They in express terms applied
it TO the State Governments, and remained silent to
the General Government Could anything be clearer
than the proposition that the power remained with the
General Government untouched: We think not If
the trainers OF the Constitution had intended that the
Congress shoald not have this power when they we're
taking from the States they would also have as ex-
presS tan iLfrom Congress No State shall, IS amin
direct but forcbe assertion that Congress may aud that
exclusively.
The measure would not only be legalsnd eonsitu-
tOna put is one imperiousy demanded by the condition
Of the currency the eHisences of the times and justice
to the large mass ofthe people, including the army who
are compelled to receive this money the price of all
their perks. priyations, and even blood.