The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-09-22
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The Legal-Tender Act Necessity.

From tse ~. Y Times
The journal Of Commerce has so often dis
cussed the oonstitutionality OF this question
that we should suppose it might state with
tolersble precision the ground upon which II
stands. But, although we said, in reply to its
attack upon this act of Congress, that 1t was
supported on two grounds-frst, that 1t had
been found to be necessary and proper" to
carry into effect the powers involving pecu-
mary expenditure, specifically granted to Con-
gress for purposes of war, and, second, that it
was a reasonable and we'll known means to
the end which was sought to be accomplished
the journal persists in stating that we had
hinged its constitutionaiity upon the former of
these grounds only.
We also stated that the measure became
thus legal, inasmuch as the money fabricated
from the precious metals had been persstently
expelled from the United States, in conse-
quence of the prevalence of small bills all
over the Union.
A candid and intelligent examination of the
effect of the universal habit of the country to
treat such bills as the representatives of
money-from a very general preference of them
to coin as thing to carry In the pocket and
use in daily transactions-must lead to the
conclusion that in war of great magnitude
the precious metals cannot be commanded in
sufficient abundance for an unusual expendi-
ture. The pockets of the people are the de-
positories of nearly as much, if not more, of
the circulating medium than is collected
together in banking institutions, and when
this amount consists of gold and silver, it
might constitute sufficient fund.- with the aid
of what is deposited en- banks, to Justify the
Government to rely upon it ia war. Canada
now holds considerable share of our small
coins, while the people Of the United States
hold the paper promises to pay them in the
shape of stamps. The only coins which now
circulate in the Atlantic portion of the United
States are those Gone, two, three, and five
cent. pieces) which have been degraded below
the standard for other coins. The latter cir
culate here because they will not circulate in
countries which keep up their standard to the
recognized footing.
Now, suppose the United States shall be
involved in another war during this state of
the finances, to what extent would the Govern
ment be justified in adapting its pecuniary
measures to the present financial condition
If it should call for the constitutional cur
rency," what else would flow in but nickel
delicately touched with silverY Gold and
silver in abundance for our wants could not
be obtained. Must the nation for that reason
submit to be annihilated or may it not for its
preservation from destruction adapt its pecu-
mary measures to the circumstances which
exist? If it can do so now, when our finances
are debauched with paper descending to frac-
tional amounts, it could do SO then, when they
were SO debauched with small bills, down to
dollar, that the expulsion of coins Of that mag
nitude and above was as certain as the expul-
sion of our fractional coinage became by the
issue of fractional currency. If the Govern
ment is ever to conduct war on the basis of
the constitutional currency" the event will
have been preceded by a long course of expe-
renee in the opposite direction to that in which
we have steadily travelled from the very origin
of our Government. 1t will take years to
establish the pre- eminenoe of the precious
metals as circulating medium
The mode and manner of carrying into effect
the powers of the Government must ever de-
pend on the circumstances of the time. The
Constitution contains only the great outlines
OF authority, and it is left to Congress to choose
the means necessary and proper" to effectu-
ate the object, with no other limit than that
they shall be reasonably conducive to the end,
and not against any constitutional restriction.
This rule has been laid down frequently by
the Supreme Court, and it seems clear that
the case in question comes within its operation.