New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-10-10
lEl.Nl. IHNllE9&.

On the question of the validity OF lcgal-tend"r
notes the public Is now IN po.sossion Of three
elaborate opinions from Judges OF the highest
Court IN THE STATE. We published lat wocl
I the opinion. of Judge Wright aud Lmoii. who
speak lr the majority Of the Court. Affirming
the consiituiionlliiy Of the act Of tonfresH of
Feb. y, l-o2, by which the issue Of tho no'es
was authorized. and by which they were made
legal tender ior The payment Of dcbis. Iiis
morning wc print The negative opinion Of Judge
DEMO. but We PRINT II more FOR the sake Of
completing the record than for any ability or
any novelty which il po.-es-"s. Profoundly
convinced q. We arr that this act Is consiitu-
iional. and tia, IL 10 the duty Of the Courts 10
sustain IL, wo a.o very willing TIA, The country
learned Judge IT. able h. present. asain.tiL Hi
4 objections TO the law aye purely technical OBJ
jcci.ous, while Tie massive reasoning b. which
( the act is upheld is founded OF broad cou.idcn-
tons Of national welfare aud national ,o'-
crcipnty a. well a. deeply planted ~ ihc pr.n-
cipic- Of the Constitution.
The authority for such az act mas De- derived
/ in jwo ways. i rc.ldcs perhaps 90 that pro
/ vision 81 the Constitution hy which Congo. b.
cmpuworcd to coin money aud regulate the
: value thereof II j. more w.-cly dcdgc'd from
those general provisions 81 organic law which
besiow OH the national legislature such power
/ a, Glly belong 20 the representatives. ol so'c.
rcirnry; - tho representatives. that b., Of the
n flf. If fi. | IA Al
States Government are limited, the Government
nevertheless. within their scope aud within az.
own sphere Of action, Is supreme. And not
only il the power given 10 collect taxes
to borrow money, 10 regulate commerce. To
rairc and support armies, 10 suppress insurcc-
tions. and others equally sovereign in Laiurc,
but the Constitution contains an express grant
OF authority to make all laws which hall be-
necessary and proper for carrying into caecu-
ton the enumerated powers. In pursuance of
the authority thus conferred, tongc~ pa. ed
| this act. The issue Of Treasury Notes was a
means Of borrowing money, and To make them
/ legal tender va, further means of accomplish
/ ing thc general purpose Of the act of cnlarging
th'h fhiu' anu HAi'HFtNHIHe VIC I'touIttnh VIC
Governments and since The power TO make
laws for such purposes il granted by the
Constitution, it remains for Congress, and
for Congress only 10 determine ~ to the
character of the laws aud Of the means
TO be used. The Supreme Court Of the
United States in the celebrated Ease of
MoCuLough r. Maryiond decided that the
fitness Of the means is not 10 be- mar
rowly Investigated by the Court, but that If
they have reasonable adaptation To the
end in view they are then legally and
constilutonaly employed. And as to the
degree OF necessity for such an act, that
is matter wholly beyond Judicial cogni-
zance, reposing solely in legislative dis
erection. Congress therefore at mo-
ment Of great public peril, when the
sovereignty, and even the existence of the Gov
eminent Is 0ailed by gigantic Rebellion,
oLnosos tbis .neihod among others of bOrrO ing