The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1870-02-17
THE SUPREME COURT AND THE LEGAL TEN
DER ACT. :: ..-... T,

~
THE SUPREME COURT AND THE LEGAL TEN
-. ,..r s..,.,. DER ACT, .e,:4 c:.r,,r.....,z
The decision delivered a,few days since By the
Supreme Bench, in the case of Hepburn, %. Girls
void, establishes the fact that contract for the
payment of money made before the legal tender
act of the 25th of February, 1852, had reference
less by consent, otherwise than by the tender of
the sum due in coin and that such contract there
fore, was in legal import contract for the pay
ment of coin." ''ili
Chief Justice Chase, who delivered the opinion,
in discussing the manifest intention of tbs act,
said: .,!.i. III. .ts s7a
We do not think ourselves at liberty to say that
Congress did not intend to make the notes author
lied by it q legal tender in payment of debts con:
tracted before the passage Of the act We are
thus brought to the question whether. Congress has
the power 10 make notes, issued under its authori-
ty, a legal tender in payment of debts which,
when contracted were made payable by law in
gold and silver coin. The delicacy and impor-
tance of this question has not been overstated in
the argument. This Court always approached the
consideration of question of this nature reluc.
tantly and its constant rule of decision has been,
and is that the acts of Congress- must be regarded
MS constitutional unless clearly shown to be other
wise. But the Constitution is the fundamental law
q Government, defined its powers, prescribed their
limits, distributed them among the different de-
partments, and directed in general the manner Of
their exercise. No department of the Govern.
ment has any other powers than those delegated
to it by the people. All the legislative power
granted by the Constitution belongs to Congress,
but it has not legislative power which is not thus
granted, and the same observation is equally true
in its application to the executive and judicial
powers granted respectively to the President and
the Courts. All these powers differ in kind but
not in source or in limitation They all arise from
the Constitution, and are limited by its terms. II
is the function of the judiciary to interpret and
apply the law to cases between parties as they
arise for judgment. We can only declare whatthe
law is, and enforce by proper process the law thus
declared. But in ascertaining the respective
rights of parties frequently becomes necessary to
consult the Constitution, for there can be 10 law
inconsistent with the fundamental law. No enact
ment not in pursuance Of the authority conferred by
it can create obligations confer rights for such
is the express declaration of the Constitution it.
self, in these words "This Constitution, and the
laws Of the United States which shall be made IN
pursuance thereof and oil treaties made, or which
Shall be made, under the authority of the United
States, shall be the supreme law of the land and
the judges of every State shall be bound thereby,
ANYTHING in the constitution or laws of any State
TO the contrary Notwithstanding. Not every net
of Congress then is 10 be regarded as the supreme
law of the land nor is it by every act of Congress
that the judges are bound; this character and this
force belongs to such acts as are made in pursu-
ance of the Constitution. When, therefore, o case
arises for judicial determination, and the decision
depends on the alleged inconsistency of alegisla-
tive provision with the fundamental laws, it is the
plain duty of the Court to compare the act with
the Constitution, and if the former cannot, upon
fair construction be rcconciled with the latter,
70 give effect to the Constitution rather than the
statute. This seems so rlain that tits impossible
to make it palmer by argument. If it be other
wise. the Constitution is not the supreme law.
"It will be seen from this" says the Baltimore
Gazette .that the Supreme Court has taken the
opportunity, in this decision, to discuss the pow
ers of Congress, the usurpations of which, al
though it does not call them by that name, it evil
IDENTIFY looks upon with some uneasness. In the
course of the opinion, Mr.. Chase laid particular
stress on the fact thnt the powers Of the Govern.
ment established by the Constitution were limited,
and that the object of the Constitution was 'to
strain the limited Government from the exercise of
powers not clearly delegated or OWNED by just in
ference from powers delegated, and that, where
Congress adopted measures prohibited by the Con-
stitution or under pretext of exercising its pow
ers passed laws for the accomplishment of objects
not entrusted to the Government, it was clearly
the painful duty of the Supreme Court to declare
that such law was not the law of the land
The decision ITSELF impo, tant as it is is rendered
vastly more so by the able, sound and independent
manner in which it is delivered. 1t is decision
which makes one feel for moment that the Con-
stitution is not myth, and liberty not o sham.
The many points discussed by Chief Justice Chase
as 10 the rights of Congress to issue paper money,
to declare it legal tender for any debts whatever,
10 resort TO it as war measure, are of secondary
importance. There is, however, another question,
incidentally referred to which is most important
one. That is; the rights of States to regulate
their own currency, which Mr.. Chase says they
have the power to do, "subject as has been lately
determined to the control of Congress, for the
purpose of establishing and securing national
currency Mr.. Chase does not say whether or
not such control is constitutional, and as he now
boldly declares that the issue of greenbacks, which
lie himself advocated and fathered, was in some
respects, if not in ALL dishonest and unconstitu-
tional there is no reason that he should not de-
clare his own favorite pet National Bank system
an outrage apon the Constitution and fraud up
on the people"
- Mr.. Merrick, Chairman of the Committee of
Ways and Means in the Maryland Legislature, re-
ported bill to appropriate $4,000 for the pur-
chase of lot Of ground in which to inter the re-
mains of the Confederate soldiers who died at