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


eisred necessary tho execution Of expressly santeo po"r
and TO fuflnont Of clesr and well dchne' duties
We tnd IL has been demonstrated. tfGt as congress
the power ~ issue Treasury notes Oh the creG o the
United Sta.es ii 1t be necessary to rend ancD ho1es
cectua or tie purposes or which they are Issued slat
they should be made legal tender IN payment oi al
debts; mat Congress may, In its discretion saopt such
means 10 carry out a delegated and conceded po"e,
That such recesty existed to make the notes 80 ssne
legal tender. Ia evidenced by the action o the execu
tive aud legislative departments OF the Government
II Is uInportlnt consideration In support OF tne
ect o, Congress making the Government notes iesa
tender in payment u private debts that sucn tender In
.uros uniformity in the currency and puts all creditors
on m equality. The soldier. who earns bis dues by
rerlous services md those who MD the GOvcrnent IN
iurl fishing 1t with labor materials are compelled 70
take this currency and By this net II 10 available equally
10 them IN discharge cf their debts Those whose pa
triotism leads tnem TO serve or trust inc o.
the country are moi compelled to do co. on any less I'D
yantaGcous tcrnr than those who labor oT or trust pr
vate ctizcna Jthere is any hardship IN receiving tie
notes Of the naton 1t fails equally On al anu II u pe
contribution foy Tire support ind maintenance of 0nr
liberties IL is equally made by I'll In exact propCcDt 10
the means which each possesses.
Again il is urged that this act OF Congress q rncon
sitrt.onal and void II mpairs the obAgn.on OF CON
tracts To arrive at this result 1t is arcuod at as tho
bond and mortgage mentioned IN the second acton were
mnde before the passage Of the act ana py 'Le terms
the amount secured thereby was payable IN lawful mo-
ncy of the United States the obligation j. impaired by
something which made lawinl money wAIch vas nGt
such al the time a.. contract made. In the bank
clss Il docs not distinctly appear vlh the bus, pay
rnent of which Gemsncea in gold and siiver were
issued; but assuming tat tleyNoTo Issued an'e.. 70
the passage Of tue act then tho eaie que on s pr.
sented as that which arises upon tie bono ana lo'E
, gace .. .,
Congress which should in effect, impair tho o5ssuoa
of contract would be unjust and 70 DC depecheu,
is also Gppareu, that there 10 no confitLcNa prom
tiion upon legislation Of that ehaFae'er dle PaDy 70
ton contained In the Constitution is tppcabie ony 70
the States This point vas expressly deeiGsa py oaso
Washington In Evans v. Eaton. Peters u Y. (.p,
32 He said there nothing IN tho ,es vo' tIO
Lifting the obi Of con,racs although such pow.
er Is denied TO tho States Congress n tho ete1ce on
its delegated powers may unqu1onaOy pcss iaWs tne
ct 4? vhch would undoubtedly be 10 impair or affect
tie validity Il contracts. An act declaring war "oud
annul vast amoup, Of contracts besed on eohlcn.
plated peace yet the power to declare war oy
c1iirg contracts conld In no manner eH1GhtcIipe OF
agee; the cIeIcise Of ;he royer q,
lfr Jefferson hot only impaired but destroy ed numerous
contract entered into upon tie assumption tha CONNER
eal relations were 10 coangc uninterrupted, but 10,
scs rcre sdluGgcd 20 be constitutional on tle bIo1hd
that TIE pour 20 make them was incidental 'o ehd
coro,lsry lom tie r.gAi 20 regulate commerce. Inc
BaakfuI act Of 1871 Impaired tie o9hg ,toh oi con
,qet m ~ rnos decided manner yet the Law was held
10 be constitutions. Under the general power granted 10
o congTcss. IL matter Of Klein q Low D. y. -,
Judge CaiYon said that tho reason why the power 70
r1sa BANKRUPT laws given 20 Congress was 20 sceu
% to people of the untcd StaoA as ore lcop!e. VII
form Law ~ which debtor nShi be ssa
tho ohston uf his contf acts. and his iu,rfc nc9ui
rons cnsnp.cd from BIS previous eIgegeheLis Hhs ..e
r,ht of debtor AID creditor equally entered into The
l.nG 81 tie framcrs 81 tho cons.tHoh i.e ts.s W
cc v 20 deprive tie States Of the daIgefoes o sr '.
sbo debts lew provisions Of the CoIs.!tai!oh hIss
had r!o.e beneficial consequences thAn ttl, az u.
kindred rh ton on Tie stn'es tha, We, 'H9uI p",'
no Law impaT.Hr To obligation Of eonirDSts IN heL1
lerv Eoi,.s q Iin %. Cow on. j.. IN GeA'eIIs u'
! opinion oi tie Court. taJs; ..,. .x
e.srss hs lnetsr'a srkoy roelgy .aeh oeisson .e
f,is' ihs ncdleasioa ay s''. Ion 'st.'s 49,, 4. G
ihs dss.a.si psS,s issins sa;i'nsd nJe, tha, |" re
10y sta wA snss gua.rceien 's nh.io'l-y 49, ~
&c &, 80 ps~os = rss.ren. 's,n ee'e's vsry I;
gsilansai ~ liy sai diilaifo 80 ooHs'i9n o coz
tF'r rE ie Fes'f oT'. ts-' - 49,
= sco os, 1houpfoa AiGer az heteslie. w, u
ova ghc. roc tanl Con gTess bad IHs on.ttutioha
fwsr 10 p.ta ,c sct February -. l.o2 1t s no' "
rsle, th the Cons,i.u,lon ald therefore void. fo
to ,i tie efco; o. the act mby eo to impair u
u Obligation q contracts.
i,e eject u the act and that Ito obligation of no Goa
tssCi Impaired b. a. Take, for instance TIE con
tract contained "a Ae bond ard moEsage-H 20 pay
tie q goo In ,vul money OF tho united o.sIes
Sow shs, WA lawful m0aey al the tine thc ucos va
payable or Jaid t.rccr Of payment made u 80 us,e
'OI suoh Prfpo's vSud be oosrianee Ni,h o. Ialhn
r.ent Il DO terms o! e cunifac' Such Torld seem t'
be tho urof Of decision. and tuch MAS To
rulo Of Law recognized a, very early period IN ih'
case q lewv Aarie..ef q. Cinneh W. Snofe sn
had Ia tho wear lss. co,enAn,ed 90 pay as rent yearly
vel and truy tho 4 twenty ak pounds. S"gHi'
csrrtsey vllcA cot,.scd AZ hat tine 81 raper Doley
. b., I, vas withdraw from circulation by Law " !'rl
and /, va calzta tlai To sg contracted to tepais
- vss paper nOrcy and bot specie on tie ground ihn
pa.es money was !Awfs eaITsacy vhea he debt a.
eo.racted Chic! Justice Marshall 10 delivering ,h'
j. oI.noa Of the sslTsmo Court. however. SAID
ma only arsa Hersy egrsn' a. to irs N" fen
'h,n tseams .J's Is e.nsoi 10 eeti,r.1 's.' o, e ~
'sil' he tern, d Tie s'sss - PsJIs -' '' IL s'' u
q l..cs caffr-ey.'
2 lie ncr,lcr ..ldi
IN. peon tlsn ,Au n, va'us e'h, ror'y ,se 'ir'
ulsn ils fcrslsfrn .af Wllh H ~ts 90 to .sd Ws' e
reTsa iAs 'ane,ii b. Which ts eon'ae be Hea'4i''
+ Io.nassy Dowr.n, FIR. a wash virg Rep eO
! wa suli On a bond f1r As payable N pustaiS car
r,-eg 70 Which ho dsiendan, plead tender ise cor
ossy o. sssa' as % MIL A. s sSa aAaS ~ te s TIE ,eaaS,
ia mael. OiLogvlso t is 10; money al all There II %
p1pcr noasy cgFFet as money 10 April leo when thi'
plea oaegcd and the tender was held bad athout
made IL tie currency named tie bond Ia fougv: Do
Lildsay acd o;hers q Dyer e2A) d. debt Oh bond oi
pa meat of q sios.as Plea offender that at the time OF
Tho payment of s4ld 81 money. certain money was
cuToni lu England Ia tie place II acrlnf- called POI
lafds va. Two pollard. lof sterling and that II the
dny Aforesaid tie defendant tendcFcd mostly o' sad
dei IN polaIds. and The tender wa hca suo aIo ,nu
rnic q. tho ls lii H. at the time appointed ioF Pay
ncu base money i, current m lieu OF atcrhn tender
. .hc tine ard place Of that base money ~ good ana
the creditor can recover other case Is also cited
nom tho year BOOKS On II. VII b. where on. 10 u
pay ai such day I've grHfcfs o wh,i' az theney oi
tic contract they were noit my io.Au, ~ tAo ia! o'
paw ,ui I've pounds. lc judgment tAnll be that ne
,,co,r Lye Qurrtrfs a wheat oT five pounds And the
lcf.i aans ray deliver tle wheat n Lc Lease but ihc
nm Of money ousl oi necessity 10 70 referred u TIC
Cleca E.isib,ih in order 20 pay the royal army.
rAch Vs. maintained n Ireland lur several ye!s ~
pprcss % rebellion ~ Tyrone caused greet quantity
o' nfrG r'ff VIII tie usual stamps 81 NC aI ol We
crown aud .rs,ron e.! Aog royal siile 10 b. coined IN
ic tou cr oi London. and Transmitted inst money T.
thli Din .ll with proclamation dated May 2. ~ ne
ga y.lr ot ll loen oy which she declared ana estao
. Usled li.s ~ rIIf Imclpify u'eg TIC snl1 rrOc
ua.ou % Dc la D.! sn4 cLrrcf nOHfy O! the kn gdOn
of Ireland and piciay commanded that this money
should Dc 90 uod accepted oud repued by all her sub.
ecis aud others uslng any traffic or commerce. within
. 'hc Kingdom In Aprii. before the proclamation was
sucf when tie pure coin Of England was current In
L.---.--n ~ L--L- mn lI.lL lnnl.h. ~