New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-10-10


d,ds sec fns TO me conclusive upon the subject Tho
20 who's Jurisdiction The subject Of debts cnd tbcirar
meat b, o4ged he general Government. as hove
shown ma no power over that sui ccf Cpt IT r 1T
ne affected incidentally by the execution Of some cx.
press p,Hcr. A. should bo ius,hcr borne IN mind tlat
iac p,iilory mandate IS not addressed TO tie state
crislsnrc alone but 10 the judges as well No nuthoT-
iy Of tie states giglatye or iudca BY the terms
q this oanse admit anything but com fabricated from
tie precious metals 10 lc yaid payment lt IS to be
observed 0lso that the Inhibition Is not limited 20 vaue
created by state authority. That subject was provided
against b. the language ioiblddiBg Tie STATES 10 tih
h,h OF C. edit. The word gkiR2 embraces en- lrS!'
able srecte OF which payment might be predicnted IL
lcot.e Of heir material substance. urd OF the an
q fity by which tley Were created Iocois'itlto p!
mont ihole must he oOuS that is, stamped pieces {"
VI Len the state Legislatures which are to estAbsh We
"a iIincipes respecting payments, a'G tnc courts
N.ic' are juGicnlly to determine what shaH DE lH!
ment IN any given instance are forbidden ny
aud suplolne authority 10 mako anything bri CONS
suok from The precious metals IN p ymoni INC h"ihI'
aad think the inevitable result H. that nothing except
sch cols can he audged to he I'm ~ V M
nhaicycr And when. in connection Win sbeh lhiIo
Lon We 1nd ample pTo'is!o made 5y tue same supreme
,utl GRITTY Tor tie supply Of such CONS ny ia'1iou eh
by the adoption Of those coming 'for nOioa1 0"nno'
doubt but tina. TIE persistent design OF inc Con
jtnfou which contains these ma dates TO require ~
fundamental policy the exclusion Of every tang ee in
Tie coins indicated Acm TIE attribute 81 compulsory
raymcats We are today eskcd by onr Judgment 20
make te Treasury notes II the United States pay
mcnt Of Tie debt oy ing 10 tic defendant.
ouT answer onght think 70 be fhat We nr, ioa go
Nv has 10 regard 20 tie value OF the thing oaied as
nh..itutC or tie authority by which il was created
ii Is f0li Gdon absolutely ana under ell CIRCUMSTANCES
An argument hes been somewhat pressed upon US
arising ont Of the action Of Congress upon the subject Of
legal tender After proyidins for the establishing OF ihc
minis and regulating tho amounts Of pare gold and sill
bo CONTAINED and tic value OF the various CONS
TO be struck tie Legislature has at various times from
On early period Of tie Government declared those coins
70 be legal tender foT The payment of all debts ana de-
marGt. The argument is that there is nothing IN tho
Constitution expressly enabling Congress 10 declare
anything 20 be q legal tender, and yet that BOG!
has with universal public aclucscen'e. passed. the
several ac;s referred to. Hence il ia insisted That
tie power Of establishing u legal tender has been
universally conceded 10 exist. ana If tho power eS'
ist il Is within tho legislative discretion 80 deter.
uinc as 10 what shall he made such tender in point q
f.ct tie coins which have been declared tender are
such Gs we've composed o. gold and silver. with suf-
ccnt Of aloT Of haser metals give the requisite con
fsercy for convenient use My opinion upon this point
is that Ire power 10 coin money and regulate MS yauc
&C. = "a authority 20 make money which shall be legal
IL such in every part Of the CIou and lJr every ln
pose for which mohey shall he required OF needed 10 BE-
used. 1Le coins TO be siiuc are national coins ana
money and 80 q those which are adopted. aad tie
value = which g. declared and whore ony low State or
ra'lorsl any lawful contract or any Other cHgercy
calls ioT tie payment oi money as Slcl, tls national
mon! IS the Thing .ndicated
The word rorsg os used IN tho Constitution. r. RI tn
mint upo. al n 90 u expressed ~ the words @soi I'm
dr. ara without tie Use ~ tletc words "a ne acts o
Congress, the coins sIlok { the aioaa int era iie
foreign coins tie value q which has been regulated by
Congress could be used in forced payments N al oasc'
The express provisions respecting legal tender aie EN-
pioyed foI tie purpose q orp.anaiion and ore Only
dee aTatoy of Tie eject n TIE hsono currency WicA
Offered lor tie purpose Of payment. In reference 90
what had been said respecting tie ability II Congress
90 cebase tie national currency am Of Tie opinion
hat the several clauses respecting coming arc bot
may be made legal icaieT by tie States together
amount 20 direction that the inonlyt0Dc created under
Tie clause respecting ooning shan 10 coui"'d o. we
precious metals. es q prinepal insledent and ihai
ools IOi composed q ihose sHhf'ancos cannot cosu
tlnal.y be made national money or csl tender
have examined tbs question. ard have come 20
conclusion upon H. a. though u Involved other cor.
ffggl sun 81 money claimed by tie dcieId,n and do
not know q! nny Other method o. considering elci
question invoking pecunfry considerations. Tho -
ended and yc-Y .bc cscut 81 TIE bar IN which
considerations II q pablo character have been lnTecy
pressed upon ~ have bad tie eject 70 which oJ were
certainly entitled. Of inducing caution and very msiIe
delheTaton upon The legal points involved bet Tie!
cannot ceiiima,ely have any further influence
shsi he wen satsaed II majority Of my brethren
and the Federal Court IL which our decision VIII ut
naiey be reviewed Reconcile tie legislation winch
the dccAdaLt challenges With reasonable inieTprcia
ton Of the Constitution O, tie United States 1t u Ao'
70 be denied that It constitutes part 81 nn OF pune
finance which. whether wisely organized or no'. Y Is
extremely Important ~ The present crisis 10 MANI ln u
II properly b. done. II ny sense o. duty Houlc
allow he 10 decide tho case rs should wish Tie low
under the Circumstances nt tbs iLoiAeDt 10 DC ana
would unite in judgment which should establish TIE
F4iGlfY Of fhesf IeEA.ifLatr LriFns 'ns
ton Of the edcga a!on which &. said 10 be concerned
the most ardent may say pasionnie desife 81 my
heart; and no one think can honestly pretend that
this can DO accomplished except by the Vigorous en-
pOymcnt of the armed force Of The nation and 10 that
purpose the reag tea and expenditure of Immense pc
cunary resources are plainly indispensable.
No man Gun have stronger sense 81 The absolute
caukeessncss Lay the ute. wlckedness oihe nEuIec
ton than that which l entertain; or o! TIE duly q
every citizen whether In public Office or private sta
tiOu snd Yielding the constituted authorities upon -
quesi.ons Of policy and exped!oncy not oni, imp.ct
obedience but sincere uud generous confidence AID
cooperation.
Bot We are placed here 10 determine the Law a. we
understand il 10 be- In the controversies Which arc
brought before u.s. and should forfeit forever my own
tchIespcct ii ! could unite In Judgment Affirming The
constitutional validity oftho legislation IN question be-
rying as mnsi that is pro'slons aye repugualt ~
ne letter and spirit Of the COnstiiuton