New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-10-10
TEE LEGAL.TRNDER QUESTION.
Opinion Of Judge DEMO.
Lewis II. Meyer sst James J. Roosevelt.

made nni in which they may DO paid and discharged
lies within the dorain o. ST TO legislation. The States
were distnc, political COMM ntee at The formation Of
the Constitution, retaining, no.N sstandlng tie con-
Federation under wlcb they were associated during the
Revolutionary contest, nearly all the powers Of munich
pol government AID iocol acminisration. 1t was rot
Tho svstcm o. the Constitution TO abolish materially
abiee these powers Of tie State Governments though
,hcy were sub cctcd 10 sOe important rcsronts ond
Qualifications, oil o: which, however assume. so far as
private col tracts be@ecn citizen and citizen are con-
ec'nel tie genera? Jurisdiction OF Tire States over tho
subject Contracts. when once maze In CONFORMITY 70 the
aw Of the State cannot according 10 provision o. inc
iCopsu,on OF tie United States. be impaired by State
ieo,sl.io1 But under the power 20 establish uniiorh
systea Of barkrupcy debtors Iny be discharget ron
their obligations. through the agency OF tLe General
lGoyerrmcnt Nor is this ALL Many express powers
lof .,ent il.uort0uce and which considered. ahu
ycrc fact necessary the existence and Ipctuaion
Of tie National Government were Conferred upon Con
gross: which was moreover nvc ed WIN ire poWcf 20
make gl laws which should be necessary and popf lrr
carrying these powers iuto execution IN e1,i,.Ik
hose federal rcWei il LIS sometimes fF.t"D'i WA
may occr agein in more ways than can le eAiei-.su
or anticipated, that tie pecuuary la bs-' - -NSc
mCus ~ citizens nay be ntcritrod with and teF cor
TRACES, though iaNiaIly valid WHOM iace' nay 90 e.
meIcc and to declare war oT example acts mo- bceoic
impossible or unlawful which wcro before legitimate
subjects OF business spulatons and IN respect 10 witch
such stpulatiogs had been actually entered into This
h tic necessary result Of another prJyisnn OF tho Con
sttuton which declares. in effect that i.roE end the
laws u the United siaos made In pursuance Of H. ard
shall prevail AGAINST the State CO1s'igt'ons and laws
when In conflict with them But Win these gaa'h, 4
t.cns Tie whole subject OF prvaIc pa i.iy t9 acaa!s
ton and forfeiture its mode OF EMO! Dcnt ana trans
mission between living persons, and its desolaion by
viii ard upon intcstoIcy aad executing ana execute
con tracts respecting II are LEI TO o. feoN-lou "loHy
BIZ tie laws OF tic respective states.
II scoas Necessary TO state these principles !or al
Though 10 question has been made respecting ZEN
have an influential bearing upon tie controversy VIC.
We ore called upon 20 decide ana lhGeeI iV.M 'e .s9
Of a lut rca,oniug upon the powers Of t1e General
lC0yeiuusent The mortgage executed ~ boNhe era
his wife to the defendant TIE alleged payment oil wheh
was in auction IN this case. was IiWIi 'o.tict'
vch r. al cstate ia this State conveyed 70 TIE lat
ter 70 secu.e tie payment Of certain eIount o.
II s statc 20 be payable in lawful money OF he ILeu
states 81 America but 10y no stress upon tnat cNpre
sion Il vas security for tho payment Vi mol! a
that Is al which seeus q ne Important i.e i...'
thus conveyed by way OF mortgage lave peSn t1Is
I,red "a the rela subject 70 tie lea; and lie claims
right 20 PAY the debt and redeem Ito ihcuMDianee
riy5a 10 he creditor tie dee ldoni az amount 60 a.
10 tie principal and interest," IN tle i'eaS-y 20
of the United States. to be issued plIsnah. 70
tLe lro act OF Congress Tic defendant ref ses TO
accept these notes as payment ana .he quesDo.. r
vi cthcr he is corpcllollo by law 70 90 so. u.
contact vas valid one unde. the laws OF tbs state
and il calls for the yneat 81 certain sum o. money
The question u what sLal amount to payiI oF
nance ig pima fGes orc which u - DC uel.I-
.re1 Lv The State laws The Federal Constitution
vlio, & pait ii the law o. tie State rrolo.,s M
thine being ase u tender In payment oi co.,, I!
s,nte authority Lut gold and silver coln II Is os',
,her,fe hnttLo offer Of tie Treasury notes was not
,der ~ nayner, un!ess il Is made by the
set o. Congress rc!c.fcc TO- nor Gn!ns iIt dV. HS
Legitimate measure .oT the execution 81 ore OK Ap!e %
tic powers which Tie consl tu'loA A.s eolc'i." .tv
Congress Tia. &C. declares N express terms 80 -!
iTre.sury notes Of the ,lSs which ~'4 oL,lee 20 -
id.nrLar. siau be lawful Ilo2e! ana ieai ti,e 'oi
Ian debts .ubc and private wlt.ln the tni'u .
excop. dudes imports aid interest on 90 NJ
bonds ard notes. % Cong, sess. IA, sn. -, - -
linie auction In this case IL whether Congress idu te
oosttntona rgif enact tic provision ana tat &C.
pends upon ooparfon Of tie provision IN i
with tLo powers ".tn when t,e 80 80 70
congress with Wow to determine Nreter tIs ~, ~
Ila,1. Of means and end cXlsis bctwecn them saAi
con.re ryeeii 10 that feature OF the law whisH pro
,des oF forced pay meht OF p.s aD n, mc'
Z dec..e is own Obligations receivable IL payment
leb,, due 10 ts,f IL has Il IS trrc. been argued 'Ai
tbere . no warrant In g. Constitution for tie ISSUE o
Federal securities for tie p1fiese OF u.4Ds Isl 20
Irurrcuev tough unacc0ilpGnied Win a plollslo'
making them J, sal tender among indiElglhs A. nl
p1stOg c0rd be established the roies VINE. "tIe Yen
asrpa M tas case beng Illegal would D. ineLec-- iu
: aIy prrposc In the WOW ! have hcch Som!cLea =
take Of The principal question this suD0Ie.s ~ !,
pot nccegsofy to lc considered II proper however
say La, /. could scarcely become judicial question II
any case Tie right 20 issue the obligations the Govern
ucat for money borrowed FOX property or service.
furnished for national purposes Is not shd SaAAy
d b. gucst!onrd The form and denomination Of slcl
securities which belong TO the dsciet9I
Of tie government making them and II On Issue eou.1
be raised upon the intent 10 have ~ n circulate Is '
, llep.oscutaiYc OF money. l thou.d stu tniLk tla
!, would be Legally unol.eetonnble 10 90 accoAliAo
date tlct1 20 tie busilcfs wants oil INC ooinh-u
ny rs 20 mako u tie interest OF ce'ssfe hoiiti
10 co. lGuo tlcm H. circulation, aud thus beutLt th'
Treasury ny co.cfsiag the time o. helr prcsentiaea
for payment. II has been urged that sueh Issues
Of prplr would be an emission OF Oils oi c!e0it
0 ns rulel.tOuf 70 the time tie Constitution Wa
framed. G1d that the making OF them was e1press!
. forbidden 10 the States ana not committed to Con
grc8s. IN supper. o. ills view II Is SHOWN tht ah ca
press autAo 10, o Issue such paper was az one te IN
serted n he drait Of tie Constitution IN conncco.
with the power % borrow mo4cy bat vas stficAch on
. on tie motion " deputy from New York. Upon al
exauii nton of the extract irum the debates which Wa
referred 10 In The Argument On o! the opinion that
car not be alrncd that this change was made ffom a.
ment.On positively 70 prohibit the issue OK such oobh
tons but IRON tho apprehension that If the power U
Il make Tire prohibition expressly conferred the Legs
aiufe might under the idea Of declaring tier o.eci
hayc grated upon them the quality Of legal terae.
D II tie authority Was left a. an incucnt 10 TN
: power 20 borrow money. purchase property OF pay
!, debts. no such consequence II was tholsAL wSl.,
\ follow. II Il lad bceA de'iGucd 10 pro-hlt tAcl
issue under aly circumstances. by The Severn
ment OF the Union wcli ytle state, II Is prcsnmc'
that tiuar proh.b would have been used IN terms
IL the eject u tits secret debate was different from
what conclude il t0 be- should s Hesitate 10 allow
J. II any weight In constituting tie Constitution. The on,
safe WY IN my opinion. deal with that instrument
Is 10 look e co,empoEaneoGs history and tie known CIR
cumstancos Of the times and 10 attach such meaning q
Il conceive tie people who adopted would CIV
n. shall assume. Therefore that there does rot oys
any constitutional objection 20 the currency which va
issued under the act uf Congress when We are cOnsd
cIng. and that the only question which We can enter
tan arises upon ITO hAcetc tlat iae notes sH-. pe
7 legal tender IN tie payment Of private debts.
n have laid considerable stress upon tie principle tina
the subject Of private ptcunaIy rights, including III
law of contracts between Individuals and oi their per
f'rmanoc Is of subject 10 certain qualifications, 70 tn
es.sllt.on Of the States end to the Withholding Of thu
power from the States.
a The express power committed 10 tle GENERA GO,
erumels 10 coin money regulate tbs value thereof
and OF foreign coin and tie denial o hat power to th'
States may be considered as further quahhesti"h
i State jurisdiction over private contrasts Mlnou'
tIose roylsu he right TO determine what should con
e,i.u,s money in regard TO transaction. between c
zons would have remained along with tho mass o. sen
erol IN the several State GoTernnients DI
the Inconvenience which had a,iscn igom tic dlefeal
denominations OF money which were IN use In tAc sew