Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1878-09-11


Iegitma'e and within the scope of the
, oohstllutioN 2. The means must be
appropriate a'd adapted 10 the end
.. Tho means mat not themselves be
prohibited, but cons-t with Tho le,,o,
and spirit of the Const -tion.
There is, however, afioLor u,,,.
tion upon the discretion of u rrosa go T.
the choice of necessary and ,sono,. r ~
means. 1t is clearly stated in Mcl.',
Tough VS.. tho State OF Maryland, air
indeed the principle of it may be con
sidered to have ruled that case.
quote again the very words of th,
opinion:
"The power Of creating corpora
tion, though appertaining to sovereign
ty, is not like the powers of making
war or levying taxes, or of regulating
commerce, great substantive and in
dependent power, tehich cannot be i'm
piled as incidental to other powers, oil
used as a means Of executing them
| a Wheat. 4l1.)
/ understand the Supreme Court in
this language TO lay down the simple
and reasonable might, perhaps, say
the seltevident-proposition, that nc
one enumerated power can be inciden.
tai to another enumerated power
Three cases are stated as examples Of
substantive powers, but clearly only
as examples. We have no right to
say that any one of the express pow
ers is more substantive and independ.
ent than another Their very ex-
preston authoritatively stamps their
character If therefore, q power is
delegated, but in terms which import
a limitation or qualification, il cannot
be exercised as incidental to some
other power, disregarding the limita.
ton or qualification annexed to the ex.
press grant. Indeed, such limitation
or qualification may be considered as
prohibition against the exercise of that
power in any other way, and, there.
fore, within the limit which the Su-
preme Court places upon the discre.
tion OF Congress in the enunciation of
the general principle viz that Con.
gress cannot employ measure, how.
ever necessary and proper it may be
for carrying into effect some express
power, il that measure has been pro.
hibited.
pass now TO the consideration of
those grants, from which, by the aid
Of the last paragraph Of the enumera-
tion, it is contended that Congress
have authority to issue what this act
calls Omitted States Notes" and to
make them a legal tender in payment
Of all debts, public and private.
]. "To regulate commerce with for
eign nations and among the several
States and with the Indian tribes"
Art sec 8; par. 3.
1t must be admitted that standards
Of value and of weights and measures
are means very appropriate and adapt
ed to the regulation Of commerce. But
then we have in this enumeration
clause, which expressly grants and de-
nn. w "u,uo'Sy re " ocea.o SUN
ua, sSaIl aos.;., rs..a ~ u'reose . =, VIVA. 'ney
sno,hor L;nd % oGISs e;aaa,oi IannJ. ~. ,nano %
@ i".;ea as 1,nu Gn..rs 20 .,o'u'"'A' W 'no 'oRu'
'"'lo. " Oo''i"'ei'o
With equal plauslplilty might 1t be
pretended tha', Tor the regulation OF
commerce, Congress could lay duties,
iimpost and excuses, and pass bankrupt
laws such measures might be very
appropriate and adapted to that end.
iet surely 1t Will not be maintained
that assuming these powers as Incl
dental, Congress could disregard the
rule OF Uniformity, which limits and
qualiiiosthe express delegation of them.
ms qualification is, IN fact, prohibit
tlon OF duties, imports or excises,
which shall not be uniform throughout
the United States-of any laws on the
SUBJECT OF bankruptcies which shall
not, IN llke manner, bc uniform
throughout the United States. (Art.
], sec. ., par l4) These cases pre-
sent perfect illustration of the sound.
ness OF the limit to the discretion of
Congress, prescribed by the Supreme
Court, that a substantive power shall
not be exercised as incidental. | do
not, however consider them as any
more peiect than the very case before
u.s. II the power to create a standard
Oh value ana medium OF exchange IS
expressly delegated, but confined by
its terms, as we VIII presently see that
IS, 10 colns--iorelgn or domestlc--it is
a prohibition OF any other kind OF
money. Congress cannot under the
pretext OF regulating commerce, in
fringe the prohlbltion thus laid on
them
III. TO borrow money on the credit
OF the United States Art. sec. 8,
par. z,
IL has been argued that under this
clause Congress may issue these "Uni- |
ted States Notes" because they are
only Acknowledgements Of debtin me-
gotiable form, and in order to give
them greater credit make them a legal
tender. That there may be constitu-
tionally issued to tho public creditor
certificates OF the amount due, trans
ferrable by assignment-or bonds or
notes payable to bearer, which can
pass from hand to hand by mere de-
livery--l do not deny. These are all
securities, and Congress is vested ex-
pressly with power ITO provide for the
punishment of counterfeiting the 80.
curties and current coin of the United
States" Art. sec. 8, par. 8. This
language is accurate. Securities cr Vi
termini are something different from
money. This view is strengthened
when VIC find the coin described in the
same paragraph as current coin.
These United States notes are not