Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-02-21

the Chic Senate, Feb. 1tth, 1854, upOn the |
JoIns ROsoiutlonn Feauesiins eur Senators /
and Repre1cntnsives 81 Congress % Voto |
for the BilI malElas Demand Treasury |
Notes n LEGAL Tender.
EPuBLIzaEn BY RRoURsT or HnHAToRs
Ma. PRnlIDHuF;--In the debate upon these
resolutions, two subjects have thus far been
oauvassed; first, the constituticnallty of the
measure now before the Congress Of the
United States; and second, the necessity for
e. Is q bill making Demand Treasury Notes
q legal tender, constitutional Does the
welfare of the country require the passage OF
such bill These are toe questions which
Senators have discussed, and upon both Of
these desire to make q few remarks.
In speaking upon the frst question, trust
I shall be pardoned for saying, that while l
am fully Of the opinion, that the bill under
consideration Is constitutional, cannot ap-
prove Of the spirit in which it has been ad.
vooated by some Of It's friends. Apparently
admitting the uuconstitutionality OF the bill,
they tell US, that although 1t may violate TO
some extent the provisions OF the Oonstitu-
ticn, yet great public necessity justifes us
in supporting It. Sir, cannot rest my advo-
eacy Of the bill upon such basis. am in
favor of TO unconstitutional measures. /
will support the Constitution, not only
because have sworn to it. but because Il is
nobly worthy of my support and because on
that Constitution, under the blessing Of
heaven, rest all my hopes for the liberties Of
mankind for q thousand years to come. No
unconstitutional measures are necessary to
put do Wn rebellion against the Constitution.
Il i t, k.ak kka
ton would provide for It's own defence. The
fathers did not commit the blunder Of erecting
a structure which could not stand alone
They planted in the Federal organic law the
germs Of all the powers necessary to crush
all It's enemies. agree mainly with what
has been said by the able and courteous Sem
ator from Perry, (Mr. Finck, of the ineon-
sistency and impracticability Of attempts to
overthrow rebellion against the Constitution
by infractions of the Constitution. We must
not lend to this treason which desolates the
earth and defes Heaven, that strongest Of all
possible encouragements-the encourage
ment of bad example. If l supposed the
Treasury Note Bill TO be unconstitutional,
my hand should fall Withered ct my side be-
fore would vote for these resolutions.
But, sir, I do not believe that Congress
would exceed its just powers in enacting this
measure into law. And this brings me TO
notice the course Of my friends over the way
who are opposed to these resolutions. As
some Senators on our side seem to have ad-
mitted that the bill under discussion is un-
constitutional, those on the other side have
gladly accepted this admission, and have re-
proved and scolded Us in vigorous phraseolo.
gy. They have very forcibly declaimed
against unconstitutional measures, but have
thus far spared themselves the trouble of
proving that this measure is such an one
To this neglected labor l now wish to call
back their attention. We have indeed been
told what certain statesmen and politicians
teach, as to what may or may not be made
legal tender, but we have not been told
what the Constitution teaches. The old fash
ioned way of finding out what document
meant was to read it think it was very
good way. At some risk of being thought
out of fashion, shall resort to it on this oc-
casion.
In the FIRST place, there is q negative argu-
ment Of great weight, to prove that the Con-
stitution has left with Congress the power to
make paper money legal tender. Congress
is not prohibited by the Constitution from
the exercise of this power; and not only is
there no prohibition, bat there is an absence
of it under circumstances where it would
certainly have been inserted had it been the
/ intention that 81 ch prohibition should be
imposed. The tenth section of the first arti-
Gle of the Constitution declares that ''no
State shall make anything but gold and sill
yer coin tender in payment OF debts" In
immediate proximity TO this clause, is the
ninth section of the same article, containing
numerous prohibitions of power to Congress.
BIT among these there Is no prohibition re-
lating to what shall be made "a tender in
payment of debts" Since the trainers Of the
Constitution thought this prohibition one of
sufficient importance to be expressly imposed
on the States, and since they thought it nee
esssry in the same connection to insert sever
al prohibitions Of power upon Congress
some of them Of less Importance thsa this
there is no way to account for their emitting
this prohibition of power to Congress except
upon the hypothesis that they did not intend
any such prohibition. They doubtless thought
it wise that the POWER to make something
else than gold and silver legal tender, should
/ be left with the Federal Government, to be
exercised at times of great national necessi-
ty. Indeed, will now show that they had,
in a preceding section, delegated this very
power to Congress.
have long maintained that sound and ex.
cellent theory Of the Constitution which
teaches that the Federal government Is one of
limited poWers-thst the powers not delega-
ted to it By the Constitution, nor prohibited
to the States, are reserved to TIE States OF
the people. The powers Of Congress, then,
are all delegated powers. But all are agreed
that these are of two kinds, express and i'm
piled; and contend that the power to make
these Demand Notes legal tender, is an i'm
piled power. t.T
In the eighth section of tie first article Of
the Constitution, power Is expressly delega-
ted to Congress to suppress insuFrection,"
ITO raise and support armies" to provide
s1d maintain q navy" and to make all
laws which shall be necessary and proper
for carrying into execution the foregoing
powers" An insuFreetiOn of fearful magni.
tude to-day threatens the Constitution and
the Capital. Congress has power to sup
press this insurrection. To this end, 1t has
power to maintain great fleets and armies
- fleets and armies suited TO the gigantic
proportions Of the evil to be encountered
But to maintain these, Congress must have
vast sums of money, and when gold and
silver cannot be obtained in sufficient amount,
q substitute must be provided. Il is neces-
sary to the success of the government in its
great struggle, that this substitute should be
made By legislation, as nearly equal in val
ne to coin as possible. Supplies cannot be
obtained with Treasury Notes which are con-
stsntly diminishing In value, except at ru-
inOus sacrifices. Il will not do to pay our
patriotic soldiers in a deprecated currency,
which will not be received in liquidation Of
the debts contracted for the support of their
wives and little ones at home, while they
are making forced marches through mud
and rain, or bleeding on the field, or burn.
/ inc with feyer in the hOepital II Ia easy tn