The New York herald., 1863-06-06
GOLD VS.. GREENBACKs.
The Quesiion al Legal Tender Notes.
Important Opinion OF tho Supreme

SUPREME cOURT-GzGmon TER

sUpREME coURT-GNUIn TERN.
Tn IA, r.al.r of M v.r M, Ro s,,k-Pbs a,est ON hs
= " -, -, =. - -, - A., ~.
oeen unanimously oecded oS tue d'horM r"'m !" 'ho
Ia tha amman of Ind a Inyr.h,m.
- - "a.
ny the 'ourt-isdRAHAx, residing Justce.-t ID DIN
cult IN conceiye o question tlht can be submitted to
tne aauoic th Oh the courts iis matter ahectns pro.
pey, ina, involves more m me .tary ana nnoortant %
Consequence thAn are cnhec ed WIN sue pro or ueci
snn as W the lowers Oh Cungress Ia IN king e treasury
notes Of the govern leg tend The interests OF
the country and o. individuals TO AN almost unlimited ex
tent Affected by and IL Is not Iessened
by the consider 'tin that Involves the construction ~
States Although TINS case was FUZZY and ably argued be
fore IA by tho learned counsel engaged therein We 70 not
all Of the questions aad unless aba Iuey
sary for the decson OF the use before u.s. particular
Al .hs time when she &C. which or%s the sub &c;
matter OF ths action ws made, aLa ~ .ne time wIh u
became dae mere was no i"iu money oi the cnl ca
states except god or SILVER cin th c"ia DO urea az
iega tende ana u Q hnot DC pretedeo 'hH IN. ether
could then be used OF that purpose .nder sucn olrcn
stMces he contract had been madc lad msturcd ana
the rights o. the creditor under u naa become eo. IL
was aer this tina ongess passed ,he ACT o. February
notes author cd thereby 'shai be lawful money, and
iega tendsr IN yncnt OF all debts pubic and ivato'
within the United $ excegt duties Oh Imports md tn
tercst on the public debit The principle has been long
since settled That IN construng tue constitution m TUG
aS By the ss osse hss ~nah
~ the the se anu 1hese a" pOWes are either
clause which authorizes the passage az laws ~ wnisn
shall be and Tor carrying INTO ey na
co sttuof in the govsrnm. o, the United sta o. NC
think cann oe doubled ha TINS @ dpes h no,
ns effect the powers expressly erred @ oy 70" nsl,
san,n Inc @ aen o. .ne h g was n ~ a hS
shall be necessary % carry the powsrs granted tnerspy
% n'1 eNeo &c ao ,,' k e ess oa wa" " h - s % nr his
parpose, but beyond that authority i had no foroe
ase a~ tneie re, mus NC ~ nes'oa ~ " suo s
tnts as st,o"on "Vi nor thew e Ssuborz pess
sney are necessary ana popet os OF cUnauce " a .S
purpose .ey % 40 , not me wnn ' guy s aa !,
seo"on .mess se SO pSUa oa ae hsv
ing oat some expressly gIah,ea power, taey can
nos 20 sustained sls was. was saa o nr IN m''s"u
regard W this cause, that u " nad Deen omt.eu.
tne government would nave possessed a the particular
powers requisite as means OF executing the general
powers conferred ny anavoaao'e impuca,on,. snowng
that he Understood the clause as no greater
powers tnan the government wouo nave possessed WIN
out IT, and therefore that It's operation was to Dc limited
TO such laws to carry the granted pow
ers into execution N Martin VS. Hunter q Wheat SOD
could claim no powers which are not granted b tho COP
stitution ana the powers actually granted must DO such
~ are expressly given or given by necessary mpca
tion." The words be In their natural and
obvious Fese and not 10 sense rnreasnably restricted
a Wheat 3l6), the END be eSitimate and within the
scope the constitution all the means which are appro
prisse h,,s ana plainly adaed 70 tnat enS ana not
means thus to be used must be such as are
connected with and have a relation TO the end
Justice MARSHALL (which are, 10 fact, conducive 70 the
exercise Of power expressly granted by the constitu
ton shall take u FOR granted In the further examna
ton Of this case that congress hsS 10 issue paper
money. The discussions in the Convention aud
the po:yer OF Congress 70 locate n bank Sem
- conceie this power. (Seo (raig vs. State
Missouri le:ers, 4l0 Brscoe w. Bank cf Kentucky, III
Peters fcp 257 Thorndike United states 2 Mason,
ID II Congress has the power 10 ssne s,Ch paper as
money. follows that the same would be lawful money
OF tho Unit States IL rs nadc payable tor all debts
due tho United states and by the act ID to DO
lawful money q the United Sates Tne exception as TO
receiving II cr duties may rest entirely different
basis. The amount Of duties " be paid the imOta
toa OF goods rot debt but psyn Mt for tho riv
lege cf introducing oods into tao Unird states. Con-
gress having the pwer ~ fix the amount of des, has
also the right to what such duties shall be pay
able; and the pr vision that duties shall be raid
In gold provisfon for paying debt In gold
fixing the mode III which ties be coll cted
The question then whether has the power
declare sucn papor money be legal tender The
tenth section of the rss atc OF the constitution left TO
the the power regulate law OF tender
ect only TO the icon that they should make such
tender TO consist only o. gold and silver coin Under
shsuld not be nsed Tor . ch purpose Tho STATES
bound oy tho restriction IN the federal constitution 70 use
nr. ~ s ,hs - so' .a ~ ho s, rs hv
gre o. but further than tst the constitution gave 10 Con.
gress no express power 70 interfere Notwithstandng
this appears from tue acts OF congress, beginning WIN
the act OF i793 and wards on various occasions,
that Cong ess has by statute declared what iorexn
Il 10 also 10 be observed that in this State no
acs has at any time been passed by the OF the
oShto suC0 'ho "uopson s",
States, de iaing what should constitute legal tender
Sill supposs the TO legsate on this subject With
In the restriction IN the cons tuition or the United states
remains with tho states II the Legislature should pass
law on the subject they hlve the power u allow oner
foreign coins than those specially defined by Congress TO
be used for such purpose a the value liked by Congress
thereon, but they could bt declare these not os the
SeS ny sue ppovs Would be vooS OF tho
constitutional provision aoove reerred 70: din,ca.t
TO ador. theconcason ina. the fracs OF tho eossu
tiou intended that Congress should hAve Authority 70
provide mat tender might be made 10 any "tnef
money than the cnstitustn OF the United States pee
mled tho Stues 70 designate by law Tor tnst prpose
On the contrary. the presumption from TINS res icson
on the Legislation oi the States u inst was intena
ed 70 make coin and nothing else tne medium 10 DC
used Tor loyal tender IN payn est OF debts ANY other
would lead to the stranse anomaly that while ire states
provide by law that nothing gold ana silver snoud oe
egA tender fuf dcos congress coud pas law pro'id
Ing substitute Tor com which, the state directed should