Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1867-09-20
90litifal.
snARswooD ON LEGAL TENDERS
DISTRICT COURT or PHILADELPHIA.

| ted States is a special grant or delegation O
| limited powers TO the Federal Government
1t has been truly said, observes G. j
Marshall, in the United States, rs. Fisher
. Crauch, 2l2 that under q Constitutio
conferring specific powers, the power con
tended for must be granted or it cannot b
I exercised. - The same thing has been al
frmed by Mr. Justice Story in tlurtin vs.
hunters Iessees VI heatou, 32G ''Th
Government of the United States can CLAIM
no powers which are not granted to it by th
Constitution, and the powers actually grant
ed must be such as are expressly given
or given by necessary implication. Aud no
70 multiply citations-0n SO clear a princi
ple-again by c. j. Marshall in Mccullough
VS.. The State of Maryland, Wheaton
4Q5. This Government is acknowledge,
by all 70 be one Of enumerated powers. TIL
principle that it can exercise Ouly the pow
ers granted to il, would seem too apparcn
to have required to be enforced by all thos
arguments which its enlightened friends
while it was depending before the people
found it necessary to urge, That priHcip5
Is H0}c patcasal5l admitted.
IJ follows that to sustain the constitution
ality Of an act Of Congress-to determin,
that it is q luw-an authority for it must b
aflirmatgely shown. That authority mus
exist IN the Constitution ia express words
or the act must appear to be necessary an,
proper for carrying into execution soa
power or powers vested in Congress, in th,
Government of the United States, or il
some department or officer thereof
BY this rule we are now to decide whcthe
that clause of the act Congress approved
FEBRUARY p, 1862, entitled An act to au
thorize the issue of United States notes
and for the redemption or funding thereof
and for funding the floating debt OF th'
United States, which provides that tn,
notes issued in pursuance of that act 'shal
be lawful money, and a legal tender in pay
mcnt Of all debts public and private lis 0
is not law Of the land.
The counsel Of the defendaut-recognizin
that on him rested the burden Of maintain
ing che affirmative of this issue-ciaime,
that the provision referred to was IN eyer
else Of authority vested in Congress undel
one or other % the following clauses of thl
enumeration i'm section Of article
Paragrarh . 70 borrow money on the
credit Of the United States.
Par 3. To regulate commerce with for
eisu nations ana among the several States
and with the Indian tribes.
Par. B. 10 coin money, regulate the val
ue thereof. and Of foreign coin, and fix thr
standard of weight and measures.
Par lS To make all laws which shall b
necessary and proper for carrying into exc
cution the foregoing powers vested by tn
Constitution in the Government Of tht
United States, or in any department or oliic
thereof
7 pronose To examine these clauses Will
f
baap suDr6sad in the course Of the arru
ment. 40 illustrate them. feel some de
,~ea IF cnnf5enc NOT only from tbe well
known ability. learning. and research Of th
counsel fir fha dafisolarfs hut from mt
own i,,-as-ig.tiops that if the act Of Con
moss In Question cannot he sustained O,
as,ha,.+,f fba.a clauses II carnaf he s,,sfain
aFs+aW
wilI baain with tbe last paragrapl o
tba ar-,n,aratiop hec9use its Dvaner con
srrrction has an important beariug on th
ofEor.-par Is. so make an laws whicI
shalI he necessary and uroDer for earrvin
INFO avccpfion the FOREGOING powcrs."
win mot here revert TO p3lisic4l and cyutr0
ver-rd rroun9s. nor to the argument b
which. in the Fl}gyoI.#. No. Al. and else
! ,gbara tNa oTiactions Of fine enemies Of tn
! Corsti+ntior ~ tbe syvePniDg words Of thi
| clsuso qrrre met and answered hv .'i its en-
/ iIioltancJ friends - I will take eyclusiyel
/ a. NV prI;Ie tba Dripciplas iu9jcial,v settle
/ Inv The Sunreme Court of the United State
! IN ~. .ia4riir,, .asa Of RTeCullough vs. TN
/ Srara of MARYLAND "a Wheat. 3I6l tn
/ ruls established in that case is well express
/ el b,- Hr. rerortar in the syIlabue. II th
/ end he LEGITIMATE and within the scope q
a. E,,,-+;+,,4:,,. I'll eE-o ,,a.o. which ar