New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-08

means which left Congress- " carry on tho "ar ior
National existence.
Let us compare the present with other decided
In this Court II say indirectly that TO declare as
III che case OF he Un,sa 1 n ovenmont shall have
priority payment over al other debts Is necessary
and proper law TO enable the 20 pay us
not and proper enable the G0vernnvut 70
borrow money TO carry on tue war; Inc cfeaton o e
granted TO it 10 issue notes Tor Circulation as
money. was strenuousy resisted as as T haM
that bank of issue necessary III the sense OF that
word as used the Constitution TO enable the Govern
meut To collect transfer and To pay out ts revenues
n was never claimed that the Government could ma no
other do this 1t could not then be denied nor
has itS,yer been, that other means more clearly WITHIN
the competency of Congress existed nor that bank OF
deposit might possibly nave answered without ciroa
tion But because that the most hitting useful ana
acant mode doing what Congress was authorized To
de- t was held to be- necessary by TINS Court Inc ncces
sity IN that case IL much less apparent 10 me
than IN the adoption OF the egatender clause In tue
Vsazie Bank agt Fenno decided at the present term,
this Court held. after full consideration ta was tue
nriveee OF Congress TO furnish the country the cur
rency 70 be- used by In the transaction OF business
w m 1f iS states or of banks by
Congress- and that as means OIL mah,nR Vii
nower OF Congress efficient, that body couh
make the currency exclusive by taxing ont
of existence any currency authorized oy the oatc ~
was suid that having, IN tho exercise OF uhuoupeu
sirntional power undertaken To provide Tor tue whoe
country It can not DO questioned tnat oohstess sS
Constitutionay secure .1 pe %a nr aud
eif,otl means VI making the currency sslaolsleu ~
Congress useful. acceptable, perfect my t"A"H 90,
nther currency out of existence. or giving 10 thtt
furnished by the Government the quality OF lawful
tender tor debtsf The latter Is means dlrecty eon
onct,ya to tie end 10 be obtained, means which
attains the end more promptly ana more prl'
fecty than other do Tue FORMER Is Ie"ueo
and UNCERTAIN means It's elect ahd Is hioe 70 INC
serious objection. that IL interiors win STATE ess"oa
n Conpres "A can however under Its Implied power pro
tect md foster this currency BY such destructive taxation
on state bank circulation. II seems stanse auueg
cannot adopt the more appropriate ana he eioo'ual
,neaus OF declaring these notes OF s own ISSUE or ,no
redemption OF WHICH its faith is pledged "iu' 'e""e'
Hut it is said that the law IN conflict WIN the sp,
moi with the let cr seuegaI provisions ot te Cnst
tuion Undoubtedly it ia law imphrlns inc oonx IA
i of Il made before It's passaEe put Nnio 'c
tonsitutlon forbids the states To psss suen laws uoos
not forbi Cougirss On the contrary, Consress Is *
pressy authorized TO establish uniform ~ stem o. oann
ipto tho essenos Of which Is 10 fse aoo'Ui v
the obligation OF their contraets Ahd, 1" , pus
suanco OF this power. Congress 4, mas avery ,n
stance. operated on contracts made before H.
WAS passed Such law Is now ~ iOI'e ow r. can be in
seoorco with the spirit OF the Constitution 70 destroy