New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-12
HE LEGAL TENDERS.
CONCLUDING ARGUMENT FoR.THE GOvERNMENT
by ATTORNEY GENERAL EYAETS IN THE
LEGAL TENDER CASES.


BY ATTORNEY GENERAL EYAETs N TIE
LEGAL TENDER CASES.
Bronson, Ext, agt Rhodes and one other
case-The bref elaborated by the Attorney General in
legal tender entitled In only two actions but
the argument intended to apply TO al those cases be-
fore the Court so far they present the general
ton Of the consttuonay Of the statute involved In
Bronson Ext agt. Rhodes the case IS this: Tender OF
currency was made in January 1861 IN satisfaction Of
mortgage given in 1851 10 secure the payment OF SfOO
!u gold or silver coin Of the United States. with interest
in coin" &C. The tender and discharge Of the mortgage
we're refused. and proceedings were instituted
in the Supreme Court for Eue County, New
York. TO procure satisfaction The Judgment Of
the court that the complaint be dismissed upon ap-
peal the General Term OF the court mat Judgment was
reversed the pOrtga adjudccd paid ana tho defendant
requLgu 70 s@) ~ ricnf 0S no General Term was
affirmed writ OF error 70 this count was then taken,
upon which the case is now here. -,
De the money "A country, and how lar 10 shall serve It's
uurDoses a. q measure Of value and a medium Of eN-
re incldina ia efcacy as cgaitenderi IN satisfac-
ton of debts belongs Government 80, too odeermine
whether anything besides money shall be legal tender
an satlsfacfion of debts belongs 20 Government. No
theory of liberty personal rights could possibly auecJ
10 withdraw either Of those subjects irom tho Just sphere
o. Government. OF presume to claim either OF mem az
public control The actual regulation OF the SUBJECT
Of egal-tender in satisfaction OF debts is neither
principal end, substantive power OF government
In It's nature IL is subordinate and administrative means
I'm the execution OF duty or IN aid or some authority
~ covernment Whatever laws may be established re-
sneng IL are 10 be Judged Of as Just means, wise
means toward the funment OF the duties or the exer
cse OF the powers OF government Sccod The complete
regulation Of legal tender ia satisfaction OF debts being
then necessary and proper means at the disposal OF the
eoyer1meut for the ends which il applicable, the
only question before the Court IS, whether, under our
Government in the form and 70 the extent IN which TINS
regulation attempted IN this act OF Congress the au
thOrity within IFS legislative power TINS attempted
exercise Of authority by Congress may exceed s const
tutional power either because the whole regulation OF
legal tender satisfaction Of debts belongs 70 the States
and thus any legislation ~ Congress on inc subject Is
invalid; because, though certain measure oil
power over the subject is accorded to the FED.
ID is in excess OF that measure OF authority
because this particular exercise OF power 9y Congress
is expressly prohibited by the constitution though Dut
for such express prohibition, 1t would be within the com
potency the affirmative powers OF the Federal Govern
ment But II this exercise OF legislative power by Con
be impugned for the other OF these
act OF Congress Is encroachment upon any author
| y respecting legal tender reserved 10 the States.
contracts dealings debts and payments be reserved
10 the governments 80 far all these feel the in
ec 10 the exclusive possession OF that province OF SOW
ereignty by the general Government Any regulation OF
Federal Constitution The express prohibition against
the making saythng but gSid and silver so coin
it stood alone, would leave an implication OF reserve
cation that state has the regulation Of tender Of gold
and silver in payment OF debts under the affirmative
coinage power 10 the General Government, and the
pres prohibition OF that power 70 the State is wholly
fllusory The coinage power covers the whole subject
Ineals) payment OF debts and the practice OF fed
eral legislation has dealt with It. II rs impossible.
therefore that state should legislae concerning The
current gold silver coin legal tender Fourth The
Constitution contains word of prohibition OF mta-
tIOn or OF exception upon the General Government,
fouchnR the regulation OF tender In payment OF debts
launching the regulation Of money Its currency and It's
efficacy IN the payment OF debts touching the fOrms We
hices terms OF conditions IN and on which the public
credit can be issued by the Government In the perform
ance of its constitutional duties or the exercise
Of Its constitutional powers; or touching the
authority over contracts saving only that It's laws on
fine subject OF bankruptcies must be UNIFORM throughout
the United States ,, .,..
The fftl proposition sums up the foregoing points
cirJ. AS then the regulation OF legal lender Dy Con-
gres IS not an encrOachment on any authority, on tnat
Subject left IN the States, and II not within any pfoho
ton upOu the Federal Government TO De 1Ound IN the
Constitution follow either that the CONSTITUTION
itself has fixed the legal tender OF the country or bat
there is no legal control OF the subject anywhere wen
equivalent saying that there 49, ana can De- no bucn
thing as legal tender the country or tat COpeIess
has authOrith In the premises, ana tnat antnoy
whatever be Its measurel IA the whole eRai auhOy o
the subject and its legislation within that authority,
constitutes the law OF the land on the SUBJECT ~ ~
manifest that the Constitution has not, IN teils' nASu
the legal tcudcr OF the country. ~ Is eqnAly
manifest that 10 has not IN terms, nASu
the money Of the country This latter requsltoh ~ ~
terms enumerated among the powers Of congress- anu
II the regulation OF the money OF the country carries tc
power OF regulating the legal tender In any degree te
Congress possesses the latter power In that degree ~
other enumerated powers Of Congress carry az neces
proper for their the regulation VI