The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-02-20
10 MY FRIEND TOM GREENE, ON
HIS IsD0ULEURS ABOUT MISS QUI-

p
And don't be bug or butterfly.
YOU'RE nt your studies now, you say,
Then INK your midnight hours with
thought;
Burn oil, even though you drudge by day,
Lest oil your labor come TO naught.
Works the true wisioml never man
We've worth n single doit or dino,
Until he does tho thing he can,
In his brief measured term Of timo.
Suffer no woman on tho brain
'Tlll with true work you've made start,
Aud every muscle bravcly strain,
10 get lito's lcssons all by hoart.
XEKlEI JONES,
Late Planter, now Knife and ISissors Grind
or, 7 Smugg Alloy, Frog Carbon Court.
HssSSss9Ofzzsrzvsassas,,Is
Treasury Notes G 1ogal Tender.
Congress, on the 25th Of February
1862, passed an Act making tho Treas
nry> Notes issued in pursuance of it
legal tender in the payment Of debts.
The Supreme Court Of the United
States has Just decided in favor Of tho
validity of this Act.
a State, it is evident, has no mower
10 pass an Acl of this kind. This is
expressly denied TO it by Tho Constitu.
iior.. The tenth section of the first ar
t ,lc is explicit upon this point. 1t says
mo State shall coin money, emit bills Of
credit. or make anything but gold and
silver coin n tender in payment OF iobts."
Tho grave question is, however.
whether Congress has any snch powor?
The eighth section concrs upon it the
authority to borrow money on the credit
OF tho United States, to coin money, to
regulate tho value thereof, anl fix tho
standard Of weights and measures. Up
OH the subject Of whether Congress can
make anything but gold or silver coin
tender in payment Of debts, the Consti-
tuition is silent. There is no clause
which prohibits Congress from 80 doi q,
but there is, at Tho same timo none
which conlers it. 1t is not among the
enumerated powers delegated TO the
United States by the Constitution, and
its%cxcrcise has, therefore, been gravely
questioned by mouy Of tho able legal
minds IN the country.
Mcssrs. i. Mandlebaum and G..
Elau{cr were merchants in the Terrific.
~ Of Nevada. In pursuance of the
Territorial laws Federal, Territorial
and County taxes were LEVIED upon
their goods lor tho fiscal year 1862.
Th" validity Of tho nl&ount taxed
was disputed upon vamous grounds,
ard, among others, that nortion OF
the goods had already been in previous
assessments. Tho cause WAS heard
before the Distric. Court, and judgment
was rendered against thom to tho
amount of 1862 and costs 'such i',dg-
mcnt to TO collected in god end silver
coin Of the United States"
An appeal was talSen tothe Supreme
Court OF the Territory Of Nevada, where
the Judgement was affirmed.
From thence tho case was carried up
for error to tho Supreme Court Of tho
United States, who on Menday last
reversed tho decision on tins @oint. Tho
Court says ",he Judgment Of O'le District
Court was erroneous IN hemg rendered
for gold and silver coin Of tho United
States. The objection to paying the
lax. if subject ofsut, rs it is stated in
this case, is debt and falls within the
Act of Congress of February 25th,
1862, making the Treasury notes issued
u pursuance Of it legal tender in pay.
n,ents of debts. Tho judgmeat was in
direct conflict with the Act rs in re-.
quirng the payment Of coia, it denied
tho right of payment in lcgalizea paper
currency"
1t will be observed that the debt in
this case was contracted after tho pas
sage OF tho Act, and this decision, there.
fore, may be regarded as definite
Judgment on tho part Of tho Supreme
Court that tho Act constitutional, and
that United States Treasury Notes are
n good legal tender in payment Of tall
debts contracted since It's passage.
What their decision will be in case
arising rs to contracts made before l 362,
it is, Of course, impossible to predict.
ltseems to us, however, that tho Act
might well bo regarded as an en post
f;tcto law, III its application TO pre-sxist.
ing contracts. Otherwise it would be
made to establish mode of payment
not in contemplation at the time Of the
contract and in reference to which the
contract was not m%de. Before 1862
gold and silver coin were, under the
laws ofths country, the alone legal
tender. All contracts were made sole.
ly upon this basic. For Congress,
therefore, TO provide another and differ.
ent mode ofpayment for these, would
certainly impair tho obligation Of con.
tracts and come within the habitatlon Of
an e1 post jacto law. which, by the
terms OF the first article of tho Consti,
tuition, neither State or Congress can
pass. Charleston Courten
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There Is man out West whose memory