New-York daily tribune., 1863-10-28

| QlSCufSsu
Judge Story in bis work the Constitution and rs thi
alleged anticipated abuse Of tho power has bee nucI
pressed upon US In this argument as a reason Why We
should bold that the power docs not exist more paY
ticular reference to the suggestions reasons Of this
learned and authoritative enator NAV be hermit
ted In section 425 he says power given in general
terms ia not to be restricted 10 particular cases merely
bec ause II may be susceptible OK ebusc and abused
may lead to nischievous consequences. This argument
often used in public DEBATE ara in it eoamon aspect
that insensioy acquires weight In tae pn5Ac mind
TO which II is N rowise entitled. But the aryu'
ment FROM possible abuse of power agslns' its ex'
istencc or use is III its nature not oDy percI bat 10
respect to Governments would sake their very ouad
tioI. Every form Of government unayo.4al. NS,9aes
o Grant Of discretionary powers. II WOULD 20
gLoy imbccilc without thcn II is impossible to fore
see MI the exeencies which m0y arise IL TIE prosrcI
Of events connected with the rights duties an1 opera
tions Of tie Government III they could be foTeseen
would be impossible, a5 ;nito. to provide for them
The must DO subject to perpetual ,nodiScallos
and change; they mnst be adapted to the exs'ine
never stationary 20 the pressure Of dangers or neces
sites 10 the ends in view TO general n1d permanent
operations, Wen IS TO fugitive and eAtreordlharJ
emergencies. In short. II the whole society is nos
be reyoutioDzsd in every critical period ano fe,nod
eed in every geaeration there must be ic!t those
who administer the government large mass o' cscro
touaIy powers capable Of greater or actual
according TO circumstances ard suincenty nexiph
rot 10 involve tho nation in utter destruction ron .h
rigid limitations imposed upon 1t by sn iupfovl9eni
icaiousy Every power. however limited. IS wei az
broad is In its own nature susceptible 81 aonse nc
Constitution can provide perfect guards aSaihst H
Confidence must bc reTosed somewhere apr ~ nc.
governments the ordinary securities against use are
found in the re- O..iby of rllerS 10 tie peOpe ane
ia tine lust exercise Of The elective franchise aud ui
matey in the sovereign power Of change belonging
them Ill cases requiring eztraordi1aIy remedies
| Few cases are to be supposed. in which power
howevc- general viii be exer,ed for the permanent op
preston Of the people and yet cases noy easily De pms
IA which limitation rpen such power mlgnt os oans
| sion. OF encourage domestic disorder Ihe power u
taxation for instance. may be carried TO ruinous ex
cess; and yet limitation upon that power might in
given involve the destruction of the independence
Of the country.
Nothing coald be added to the pe-inency. ccogency
or concusiveness Of these vievs Nj Justice johnson
in devorirg the opinion Of the Court in Anderson agt
Dunn g Wheat, 20i. 2. uses the following apt and
expressive language:
1.-THE ii". is rtorian ths government. can exist without
t,a7 the exercise Of discretion somewhere. Public sccny
azr,, abuse c. such discretion nns' es on resPon.i0iy
and stated appeals public spprobson Where all powert
derived oL the people and pubic rnctionries at short IN
servas deposit a, lie set Of Tie people to be resumed sgu
only theI w' individual teei may be alarmed oy tn
nonlters OF naeG but inlSi.aa liberty can De N 'A
danger"
IT, then Congress has tie power to establish lega
tender Is there any constitutional reason why tie ex
cTcse Of tho power should b. restricted 20 particular
medium, IfcoDgress can coin any metallic substence
under The Ior 70 en % oEy sa IL ihen o~s
from tie practice OF the Government and TIE rules ans
principles enuncie'ed that it can make such stsmpe<
petnl legal tender, re- any designated salne lntfin
ic value the thing stamped coined has nothing
do with the question Of power Such metals 50 stamp
cd. not sued or put n circulation on the iah %
credit Of IL, Unted States Government No pledge
made TO redeem thcm end they may possess little ar ne
intrinsic value yet il not denied tnat such pieces
nndo legal tender. and thus become lawful money q
the Cned States. II is 6icult to perceive this ear
he done with pieces ol metal Why Is not equally Win
the poYc. II Congress TO declare the treasury notes
Which il nay lawfully issue circulating medium.
nd which i may lawfully maze tender IN pay ment
debts due TO IT, legal tender also in payment Of az
debts There rocs ssred on the iaith and credii
Of the whole Urion. and the property oi which ard
a its cifivels. dyed for fhef nit nate rcdemp
tlon aud T. the metals nay Be made tender Why nsJ
no notes equally he uaCe cga! iorcer IL payment o.
al a.. L. II the eSgenoies O. the Government snouh
r,auile !. 70 Be- done ard Congress, IN ats wisdom.
lahoula think such Necessity eyistcdi That Congress
was rot confined to the nee 81 the precious metals IL
lroyding currency for ;he people. is apparent non
she views expressed r. ht. GadI-on, than whom %
man better understood tie powers Of Congress- cnd tb
necessities and wants both Of the Government and tm
people IL bis annual message TO Congress of DecenDes
; l-l5. lie says:
"Th- absence of he precious metals win, believed. b
tnDo.asy evl BIT IN they s,ain be rendered tbs
tgga gceum o. erciange, ), csyo.yes on the wisdom
nrfsfs 70 r-oyie mi s'ats which shall equally ersags
ts once ,ul ,ccou,cl,e lie wants Of the citizen
THO agog. the Union II he operation Of the eisfe banS
rot produce LIE leul. the probable or-s.ion Of nstons
lsak vii e.il eorrleralon sna reiia,y Of these eIps
cuis be deemed eaee,ra a b reee1sary to Ascertain
e9ora a, IN rstru,ncn, q cied .hal be issued upon
,iges 4 general policy cannon reu~ II ereva'ioE.'
History informs ,hat lie effect Of serious and pro
ufthe precious mes from circulation and suspens.or
o sncce prvrsns the part OF banking Institutions
so inevitable IS tits result aat legislation effective
20 prevent il Tie Bank OF Llgand, With the ssseit O
tc priyy council suspended specie payments in l7J7
curing tie vita France. and such suspension con
inUed VITA Tie assent 81 parliament, until u ieJ Far
.lIeu. ~ The ret o. May l5s7 sought to give cur
reacy % tie Rank of England notes ald compelled the
use G; them IN payment of debts, BY prohibiting the ar
rest ard holding to bail 81 any person. unless It shous
arpear thar 70 cger to pay the OF money claimed
rft ~ tle Hank pf Gland Dgyghle demand
had been made. And the act Of and william ".
3 declared that the Bsns OF England notes should b
esel tender IN payment OF al sums above i've pouSds
II the United SAFES daring The way Of isl2 the Gov
onnen was compelled % make use oftlc money OF the
uspcnpsa banks 10 enable i to carry on the war; The
results o lhe experiment ae graphically depicted BY
..clt Statesman vi that period familiar with al the op
eytps Il t,s Government AID principal actC N the
events OF Lis day >
NJ Calhoun. Lis speech in the Senate Of the United
States on the 10Th Of January 1910 on the motion OF
ar Benton % strike out ihe 18th and goth sections OF
.hc Independent Treasury bill the clauses which per-
matted tie reception and t5burse Sent OF Federal paper
aier ieuarkne aat be was the friend Of The t.a and
coeta divorce II the Government and the banks, aud
tAat the GoF,rl-ent sauul. nave the blindness 10 re
pnG IL own credit il voud So far i ee.eat ise POI
cy oi Il" bi by restoring IA TIE end tie very Vu9ob
l intended 10 disse,er. said
l4e .ea,oai o0you. Pspsr has a certain extent sd,
td adaniaee over gold ad sver Il Is preferable in lsrt
nd d't-r t.n.'cn' end caHIc, IN country hhe ours,
"b IA ne cal actions o the oovernnsn whcs
rneh anncc-.sy expense end ncoDyersnee. the truth
~tuo soNh iiailss. III the tOscirtnt s.Ouli co'
sc. e. dsp n,e With zoe treasury dsrs But this
9 tAe cn C.u IN which nay BE- aeessery or conyenfnt
A. ito 10 g,dit may be- compelled itfoi
circulation "a mCIc logaaisn, torn the only mean %
ei..s " bar iesrti sseat cgia Federal ce5t. am de
cdt1y opposed 60 bQ.eGen loans. believe them 10 be IN
realty little better ,hsn fraud The eolu.uni,y II made In
.asA uo'ss and hiy injurious # nade "a arge ersornnn
t.ilt hcn a.W the Nosernreut borrow the notes of
Diver .ans ihe credit ~icn drpndrd in9s, e1c,uiye
the go ta ney received aud disorFsei by the 20
efrAi.ut money. sow rue Government borrow we.
y. lt 'gsAiss on, Ior iae eIeal. gave tIeai -
be rae OF .iy nauaTtd. that - Tor every Teonr
fv ca OF he gave SD oi It's stock losing per 'u
nel, sill woTsc the Government with the we oi
rorc atm. a notes OF the bank which were rcec.ntus
! Il by ilua.