, 1875-08-10
LEGALITY OF 4 NEW ISSUE OF LEGAL
TENDERS,

In Senator A1oRroS's great speech at Ur-
bana, O., on Saturday last, he referred to tho
former Democratic hostility to tho greenbsck,
| Mr.. PESnLEToS WA in Congress at tho date
Of the Lcgal-Tender net, and opposed j. vio-
lcntly. lie declared 1t to bo "wholesale rob-
! berry," and predicted that tho greenbacks,
onco issued, would mover DO recalled or 70.
doomed; TINT dclnagoguea would from tino
| to time demand IN incrcasc Of their issue !;
TINT those notos would dopreciato; that tho
| means of widows md orphans would DO in
vested in them; that they would benr tho
hand Of CAIN" and TINT, after reducing tons
of thousands Of tho people Of tho country to
bankruptcy and ruin, they would DO rcpudiat-
edl Mr. PIEDLEToN, in a recent speech, de-
clnrcd that he Ind mover changed Ills opinion
that 1t waa unconstitutional for Congress to
make anything legal-tondor savo gold md
silver. Mr.. MonTos, speaking on this point,
said:
Mr. THURMAN, Mr.. DAxARu, and belsve eyery DEM
ocrac member Of tho Seuatc has fron tnp 10 mo de-
MED tic power OF Congres to make green backs legal.
cuder charged tRt the Huprerne Court by which tho
decision nsade paeked although tie decision
wont no further than holding TINT Congress ha ths
power to pass such = law In time Of war.
The legal tender cases werc decided by a
Court composed Of nino Judges. Chicf-Jus-
t!ce CHASE and Justices NELSON, C11rxonp,
al while tho majority, consisting of Justices
Srnoao, I,nAnLEY, DAVIS, Mu1gn, and
6wAyNE, held tho act to bo constitutional
The Court had previously, when composed Of
eight Judges, by decision Of five to threo,
decided adversely to the legality Of tho Legal
Tender act so far as it applied TO contracts
mndo previous to tho Loyal -Tendar act. After
this first decision. Judge Gn1ra, ono Of tho
| majority, resigned; and another member was
adled to the Court, aud to these two placos
Justices STnoso aed BnApLKx were appointed
The opinion Of tlle majority In tho second
caso WAS delivered by Justico Srnoro Justice
DnAp1Ex reading concurriug opinion. Jus.
tices DAVIS, Af1L1.KR, and SwAxNE had OK
pressed their opinions rs dissenting Judges in
tho f1Ht casa. The oonstitutionality of tho
Legal-Tendcr net WIS atiir1nel by all these
Judges upon tho ground that It was an aux
iliary power, rs authorizing the moans whero-
by some other power might DO exercised
Tho military powers Of the Government wero
not questioned. Congress had power also
to borrow money, and to anticipate Ito rev.
enues. Congress, the Court hold, could re-
sort to my means appropriate or conducive
To tho execution Of any or all Of the powers
OF tho Government; and, In considering
whether the LegA-Tenler act was an appro-
priate iustrumentality for the execution OF
the known powers Of Congress. the Court
aaid
Plainly, to this inquiry consideration Of the t!ne
When they enacted aud Of sLe circumstances In
which the Government then stood IL important It Il
mt to 10 ta!od that scs may Ia adapted 10 the ex-
srcss Of laHful power and appropriate It. n seasons
of szigsacy, which would " inappsppri1s Il othar
| uns.
The Court then rroapitulatod tho clroum-
stances in which tho country was placed when
the Legal-Tender acts were passed civil Wal
threatened tho overthrow Of the Government;
tho equipment al large armies and nayics and
their support, and the employment Of money
eeSoaa tue ordinary sonrces Of supply, were
demanded the Treasury was empty, and
credit was exhausted moneyed iustitutions
eo"4o ADVANCE no nlore !; taxation was made
qaate to pay oven the interest On the debt
nlfeady incurred; the necessity was iu,1ne-
data md pressing There wa DUO to tin
army IN the luld sc, ,uoo, 900 tlas current
expenditure was over $1,ooo 600 pcr day
the coin III the eonutEy was Inadequate to tho
wants Of tie Government for three month";
VIC had no foreign credit Thero was a nor.
alysis Of trade and business, threatening
| loss OF confidence in the Rbility of the Gov.
| eminent 10 continue its existence. It wa4 at
such time and In such circumstances
that Congress was called upon to devise
means for maintaining the army aud navy,
and for tho preservation Of tho Government
created by ths Constitution. It waz in such
an emergency that the Legal Tender acts wsrs
passed. Il it were certain that nothing
else would have supplied the absolute
necessities Of the Government, and nothing
else would have savsd the Government and
the Constitution from destruction, while the
Legal Tender acta would, no man could assert
that congssss had transg1osssd it, powers
Nor could itbs maintained That tho suaotm snts
wars not fos leHur7ats end, nor appzopn-