The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1868-08-06

lHBeDultJ Dub tboIc AIO tnItc
other statutes to the same effect
with tho one have just consider
ed. 1+
The act Of the 18th of July fol-
lowing provided forthc issue Of an
other $3.50, 100000 of legal tender
notes, and declared, like the for
mer, that they should DO legal ten
der in pay ment Of all claims and
demands of whatsoever kind
against the United States, except
interest on notes and bonds, and
further declared that these notes =
"Sball also be lawful money and
q legal tender in payment Of al
debts, public and private, in the
United States except duties on i'm
ports and interest as aforesaid"
There are but two exceptions
stated in tho law, but it is sought
by argument to establish third,
compared with which the two stat
ed in the law arc nero trihes.
This statute is unconnected with
any provision for the issue of bonds
and was passed before any bonds
were sold, authorized by the pre-,
ceding act Of February.
Again, in January, 1863, Con-
gress passed a joint resolution au-
thorizlng the issue of another
100000, 900 Of legal tender notes,
in which it was again declared that
they should be received as illegal
tender in payment of all claims
and demands against the United
States OF whatsoever kind, except
interest on notes and bonds" and
this joiot resolution was unconncc.
ted with any provisions for the is,
sue OF bonds.
And again in February, 1868, an
act was passed authorizing the is
sue of another $3.50, 100000 OF legal
tender notes, including the $780,
100000 authorized by the joint
resolution just referred 10, IN which
is declared in language somewhat
different from tho other acts, but
in substance the same, that "these
notes, so issued shall be lawful mo.
ney and a legal tender in payment
of all debts, public and private
within tho United States, except
for duties on imports and interest
on tho public dcbt."
Here are four plain, unequivo
cal, and emphatic declarations Of
the law, declaring that these notes
shall be a legal tender in payment
of every conceivable species of in.
dcbtedness against the States. And
whether the fact bo agreeable OF
disagrccable it is one that can not
be overcome by argument or inge'
nuity.
But it is argued that Secretary
Chase, and perhaps one or two
Assistant Secretaries or chief clerks
of the Treasury, gave it out in let.
ters and speeches that these bonds
would be paid in coin, and that the
bonds were sold upon such an un-
derstanding. II is to be noticed
that in giving these opinions by
the Secretary and tho Assistant
Secretaries or chief clerks, that il
was predicated entirely upon the
practice of the Government here
tofore and not upon any construc-
ton of the law authorizing tho is
sue of the bonds or creating the TO-
gal.tendcr notes. In none of these
opinions is there any reference
made to these statutes, and what
was said seemed to have been said
in ignorance or indifference toward
them, and the opinions were pre-.
dicatcd entirely upon what had
been tho practice OF the Govern
ment heretofore. Tho several
acts creating the legal tender were
public laws, of which every man in
the country was bound to take no.
tice at his peril. Every man in
the country purchasing a bond is
presumed to know the character Of
the law creating the bond or the
existence of any other law affect
ing the bond either as to time
manner, or mode of its payment.
In matters of such immense mag
nitude the nation can only be bound
by the law. Its rights must be
defined by the law, and by the
law only. l cannot be bound by
tho opinion of public officers given
either in ignorance or in violation
OF tho law.
The Government of the United
States, which has the power to Dor
row money and create a now loan,
has put the terms of that loan into
the law, and they can not bo var
led by the opinion Or tho action OF
any public officer.
1t would be monstrous doctrine
that the rights of the nation and OF
iuturo generations, IN matters OF
such immense Importance, could
be varied or changed by the illegal
or unwarranted declaration Of a
public officer, who has no power 10
say or do anything, except that
which is conferred upon him by
law. Nor can it be said that the
good faith of the nation can bo ef-
fected by its refusal to comply with
the representations ola public otli-
Ger when those representations are
made in direct conflict with q pub
lie statute of which ho and every
body else is bound TO take notice
Even in matters of private right
and of the smallest Importance
men are presumed to know the
law, and their rights are determin
ed accordingly and no man is
bound by the act of his agOnt when
the agent is acting outside of the