The Placer herald., 1862-10-04
Attorney General Pixley on Government


Scrip.
The columns of the San Francisco Bull
etin have recently been filled with commune
cations, interspersed with an occasional edi'
torial discussing the philosophy and CONF
mercial effect of the government legal ten
der notes.
The Bulletin, although strong war pa
per, is the principal representative of the
mercantile interests Of that city, and, as is
evident, the interests Of that class through.
ont the State would be much damaged by
giving this paper general circulation, the
Bulletin has argued against such course.
That paper and its friends have about ar
ranged the matter satisfactorily to thenl
selves and as we think, upon the only legal
basis that t can be. viz To allow this gov
ernment paper to take its chances on
"Change" with other paper-snhmltting as
an individual to snch Depreciation, as com
pared to silver and gold, as commercial me-
cessity shall place upon it. This would pre-
vent our having two prices for everything
Que l"le' P''Ce, ""u 'uo 'tHe' So'u GU"
silver coin price.
The Attorney General breaks in upon the
philosophy of these merchants, and mskes
sad havoc If their conclusions. In com
municaion of the 29ih ult., he saws:
"In the case of John Perry. Jr. Us z. II Wash
burn. the Tax-Colector, | WAS compelled from Of
fetal position to oppose the receipt of notes by
the State for taxes and the Supreme Court deter
mined that the Act OF Congress did not intend to
enforce the receipt OF these notes for taxes by
States.p
Thus far, he is governed as an officer by
the well established principles of law and
the preceden,s of court---he. and the
courts, are in harmony with the Consti'u
,on. and it is all rioht and satisfactory with
the merchants. But General PIxIey is not
saisfed to rest upon this basis. He is smit
ten with ,he great "higher law" mania of the
times, and these merchants who have favor
ed that doctrine IN It's application to other
people and other interests, will now find
that "culses, ike chickens, come home to
roost."
"Tbe Government" says the General. may
draft n citizen for military duty may take his
property for military use, may quarter soldiers in
private domicl; does suspend the writ OF
HuUtuS COIDNS dlI lut llSht VI tiIti by Iiit
declares words to he treason; restraints the license
of the press; imprisons without trial and dis
charges without hearing, and does many things
which. in time OF peace. would be hateful to the
people. and in contraverson OF law. These things
are all dctensbe upon the one pea--ncceSSlty;
they are necessary war measures. Currency is a
necessity to conduct the war The Var Depart
ment and not the courts, l. the tribunal to deter
mine the legality of Legal Tender notes. main
tain that they are legal currency. because the war
has made their issue an imperative necessity, and
therefore the courts will sustain them as legal;
and further mlintain if the courts do not sus-
tain the Government in its currency. the Govern
ment will put down the courts and declare mar
tial law
In our view. the General has them on the
hip. They have shouted hosannahs over
the Administration for doing the very acts
be enumeraies, and have therefore fully Ell
dorsed the doctrines contended for.
If the war necessity will justify the sup
preston of the personal liberty of the eli
zen-the most fragrant infraclion of law
with how much more reason will it justify
the taking of his property without remunar
alton, or for only partial remuneration.
If it is necessary to take the interest or
RIGHT, which the merchant has in his goods
or debts owing to him, giving i'm in return
paper, only equal in value to one half the
coined dollar, why may it not be done! since
the principe is admitted to be correct, upon
other and more sacred rights Ii it be right
to suspend the operation of law in one in
stance why may not the strong arm OF the
military power suspend the functions of the
courts which declare the law. 1t is rare
sport for the Bulletin and its Front street
friends when the iron fist of military power
smashes out the business of printer, or in
carceraes public speaker, upon the war
necessity, but they make wry faces when the
same rule is meeted ont to them for syste
matte attempt on their part to destroy con
fdence in the currency, which the Admins
tration is obliged to use: thus destroying the
very sinews of war.
We are not to be understood as sanction
ing the position taken by the Attorney Gen
eral. We only say that it is right and in
perfect harmony, with the rule heretofore
endorsed by these same Francisco people,
1t is too late for them now to draw back
They have justified the "higher law" in its
application in too many instances, for them
now to shrink from its operation upon them
selves. In breaking down the barriers that
protected Others they have engulphed them
selves in the common ruin. The destroying
floods are upon them, and they must sink OF
swim with the rest of community. You
have said that this necessity was above Com
stitution and laws-was the law-and now
YOU Yourselves have "shrunk to this little
measure Therefore bear patiently your barth
Ell.
THE AUBURN CAR CoNDucroR-M Mr.
Richard Thompson, late of WidNood, is the
conductor on the Auburn station tram OF
cars. which daily leave Folsom for the up
nor tarminns Mr. ThOmnsnn is a nsnl q