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

"
Bile make palmer by argument If 1t be otherwise the
Constitution l. not tho supreme law III neither neee
OF Congress was passed ursnaecc Of IT, and the
oath which every member Of this Court required 20
take that he will administer justice without respect 70
persons do equal right the poor and the rich ana
faithfully perform the duties incumbent upon Nun 20 ,e
Constitution and the laws OF the United states becomes
| an idle and unmeaning FORM
THE QUESTION PRIVATE RIGHTS.
The case before is one of private rights The PLAIN
tiff in the Court below sought OF the defend
certain expressed the face OF promissory
note The defendants insisted the right, under the
act Of Feb 25 1862 to acqut themselves OF their obga
ton by rendering in payment sum nomnally equal in
fore tho Of the act and the plaintiff insisted on
due in gold and silver. and it has not been
| aud cannot be denied 1uiat the plaintiff was
entitled judgment according TO his claim unless bound
by law TO accept the notes coin Thus
two questions were directly presented: Were the DC
PENDANTS relieved Ivy the act from the obligation assumed
In the contract Could the plaintiff be compelled by
Judgment of the Court 10 receive in payment currency
OF different nature and value from that which was IN
the contemplation of the parties when the contract was
madei The Court OF Appeals resolves both questions ~
the negative aud the defendants seek the reversal OF
that Judgment! by writ of error.
QUESTION TO BIZ DECIDED.
It becomes our duty. therefore, to determine whether
the act OF February 25 1862 so far as It makes Uned
States notes legal tender in payment OF debts con-
tracted prior its passage is constitutional and vad
or otherwise. Under deep sense OF our obligation to
perform this duty the best of ability and under
standing, shall proceed to dispose OF the case pre-
sented by the record We have already said and It IS
generally II not universally conceded that the Govern.
ment of the United States is one OF limited powers, ana
10y the Constitution IL Is not necessary, however. III
prove the existence OF particular authority 10
particular and express grant The design OF the
Constitution to establish Government competent
TO take direction and administration OF the affairs OF
great nation and at tho same time IN mark by sncien
definite lines the sphere OF its operations To tins end IL
was needful only to make expires grants OF general
and auxiliary powers might he required t0r the exer
ercise of tho powers express, grneu MS m
the practical administration OF The Government that a
very large part not the largest part OF ts functions
have been performed IN the exercise OF powers thus l
Piled But the extension OF power by implication was
regarded with apprehension by the wise men who
framed and by the Intelligent citizens VINO anop"u lo
Constitution. This apprehension manifest IN hters
by which the grantof lncidenta! ana auxiliary powers
made All powers of this Datue included under the
description Of power 70 make all laws necessary and
granted Congress vested by the Constitution in the
Government in any of its departments or olicers
The same Apprehension Is equally apparent III inc
Tenth Article OF the Amendments which declares that
1.-The powers not delegated to the United states by The
Constitution nor prohibited by 10 tbe states are re-
served To the States ho people we DO not mean 10
that either Of these constitutional pro'sohs 10
ranted by the legitimate derivation from one OF me emu
exclude all doubt in respect TO the exist
ence of implied powers while the words necessary
TO use the words of Mr. Just.e story. "at adnon
tory and directory and 10 require that the means used
the execution OF express power should be approp-
ate the end, Story on Constitution li2. par 1850
The second provision was intended to have Ike al,
mOuory and directory sense and to RESTRAIN the limited
Government established under the Constitution from tho
exercise powers clearly delegated derived by
just inference from powers 80 deegaed IL has not been
maintained In argument. indeed would anyone. how
ever slightly conversant with constitutional law.
Constitution any express grant Of legislative
power TO make any description OF credit cnrIency
legal tender Ia payment OF debts We must INQUIRE
them whether this be done IN the eNercseo1 an I'M
pied power The rule for determining whether egsa-
implied power. was stated by Chief Justice Marshall,
speaking for the whole Court in the case of McCuocb
act The state:ot Maryland "a Wheaton, 42D; and the
statement then made has since been accepted a.
these: let the end he legitimate. let it be within the
scope Of the Constitution and ali means winch are apro'
not prohibited but consistent with the letter and spirit
Of Constitution, c0nsiilutiona aud In another
this rule thus illustrated Should Congress. IN the
execution OF its powers. adopt measures which arc pro
hbited by the Constitution, should Congress- under
the pretex of executing its power pass laws for the ac
complement Of Objects not Entrusted TO inc Govern
ment IL would be the painful duty OF this tribunal,
should requiring such decision come before IT, to
say such actwas not the Law of the land but
where the is prohibited and Is really calculated
effect Of the objects inristtd To the Government,
10 undertake inquire into the degree of its
sity would be pass the line which crcuInscribes
the judicial department and tread on Legislative gronnd
Ibid, 423) 1t must be taken thgn az h,hy oe,,io1, @
far judicial decisions can settle aYthhs lnat tnc
words all laws necessary and proper Tor carving niO
execution powers expressly Granted or vested nave m
Constitution. sense equivalent to that OF the Words
laws absolutely necessary indeed ont appropriate
and plainly adapted to constitutional and legitimate ends
laws not prohibited, bnt consistent WIN mo lctlcF
TO effect the objects ntrused 10 rho Government The
question before them resolves sti iuto thls Is e
a legal tender for debts contracted prior to IT'S
law of the description stared IN the RUE
Ii is not doubted that the power to establish standard
OF vaue 10y which all other values may De neasuIt,
or in other Words 10 determine what shall be lawful
money and legal tender is in its nature aud OF necessi
w. governmental power. IL is III all countries exet-
cIsed by Government In the United States 80 lar
as IL relates the precious metals IL Is vested IN Con
gress the grant OF the power To coin money but can
power mpart these qualities 10 notes OF PROMISES W
NheuO
debts derived from the coinage power, or from any
oher power expressly giveni IL is certainly not the
same power the TO coin money nor ls IL IN any
reasonable satisfactory SENSE an appropriate or palny
adopted to the exercise OF that power nor Is there
more reason saying that 1t il Implied In or incidental
the power to regulate the value OF eoheo mo1ey vi
the United State Of foreign coins THIS power OF reg
uation is power 10 determine the weight, purity FORM
and impression OF the several COINS ana tuer re,
laton TO each other, and the relations OF foreign
the monetary unit OF the United States NOR
the power make notes legal tender the same Ms tha
power 10 issue notes be used currency. The old
Congress- under the articles OF confederation was clothed
by express grant with the power 10 emit bills ~ credit
which are M fact notes for circulation currency and
yet that Congress was not clothed WIN power 10 make
their bills legal tender In payment And THIS Court
has RECENTLY held that Congress- under the Constitution
possesses the same power 10 emit bills or notes IA Incl
expressly granted but was expressly declared at
the time that this decision concluded nothing on
the question Of legal tenders. Indeed We are not aware
that been claimed that the power to Issue bills
notes has any identity with the power TO make mem
legal tender the contrary the whole history OF the
country reiutes that notion.
STATE CONTROL OVER BILLS FOR CIRCULATION
The States have always been held 10 possess tho power
70 authorize and regulate the issue OF bills for circulation
by banks individuals subject has been lately do
termned 10 the control Of Congress- for the purpose Of
and securing national currency and yet the
States arc expressly prohibited by the Constitution from
making any thing but gold and silver coin legal tender.
decisive the point that the power to Issue
rOtes the power make them legal tender. are
not the same power and that they have necessary
connection with other. But has been maintained
that the power 10 mako United States notes
legal tender payment Of ali debts Is means appro
md pia
power carry OF the power "a regulate com.
nerce and of the power 10 borrow money III II s aud
NOR win letter