Mexico weekly ledger., 1878-12-12

promises to pay land, tobacco, and
Ill else--eNcept gold and silver coin
ii tender in payment of debts, it
vas equivalent to declaring that no
,ther authority could do that which
the states We're forbidden to do, be-
cause the states alone had jurisdiction
oyeI the entire matter of contracts |
and tender. This is a conclusive ar
gument against the exercise of the |
power by Congress-without having
to resort to the elementary and uni
versi,lly admitted proposition that
Congress possesses no powers which
are not specifically granted to it by
the constitution, or which are neces-
sary and proper for carrying into ex-
ecutlon the granted powers. All the
pa,gers of Congress are specifically
and defined. In the state
where there is ordinarily
a general grant Of Legislative power,
followed by restrictions and limita-
tionss upon the legislative authority,
the General Assembly Y will posses
every power not forbidden by tie
constitution Of the state. Congress
has 10 such general grant of legisla-
tive power, and unless the power is
expressly given, or it is incidental
and necessary and proper to enforce
one or more of the enumerated pow
er5, according to admitted principles
of construction, it cannot be excr-
cisad. But to exclude doubt on this
point, out of superabundant caution,
the tenth amendment to the consti-
tutlon was adopted--which declares
''that the powers not delegated to the
United States, nor prohibited by it to
the states, are reservek respectively
to the states and to the people," II
wCuid be foreign to the object of this
letter to enter into an argument TO
show that making the promissory
notes cf the United States tender in
payment Of debts is not an aDpropri-
ate means for carrying into effect
any of the powers expressly delegated
to Congress. Five out OF eight Of
the judges Of the Supreme Court SO
decided, but on a rehearinG of the
case, five out of nine reversed that
judgment. But il is obvious that the
opinion of the majority, reversing the
first Judgment, was dictated by the
eXiGencies Of the government at the
time these legal tender acts were
passed. That it was the assumed
overpowerng necessities OF war, the
suspension Of the banks, an empty
treasury, an unpaid army, want OF
7ssAR=t~Ess-s-ves7', isrrriys4ss E'tr-sv=lS-Cs+
1tor-s- and almost fabulous daily eX-
PTnditurcs, in order TO sds;ain the
government in its hour Of peril, that
controlled the Judgment of the court,
"Hn hardly admit of weston. In
other words, the powers OF the gov
crHn.ent and the provisions of the
constitution depend. according to the
opinion of the court, upon the cxi-
-epcy, or the pressure of surrounding
circumstances. That it was the exi-
gency of war and not Il just interpre
tation of the constitution that led to
this decision seems TO be admitted by
leading Rcpublicans-among them
the present Secretaries Of the Treasu-
ry and Of War. In speech made at
Toledo (Ohio) during the late can
vass, the former said: This scheme
Ca new issue of lcgal-tendar notes)
encounters directly the decision ofthe
supreme Court of the United States,
and would, no doubt, be held unCon-
stltutionaI, because it provides for
4 large increase of United States
notes in n time of profound peace.
wnen no such cXigcncy as is contem-
plated by the constitution, or decision
ofthc Supreme Court, exists to JUS
tity such an issue" Secretary
McCrary gave utterancc to similar
sentiments in Il speech delivered at
Keokuk. But the most reprehensible
and dangerous feature of this opinion
--confessedly in opposition to that
Of every American Statesman and
irrist, prior to lSG2--is that Congress
possesses powers under the constitu-
tion which grow out of the aggregate
OF powers conferred upon the govern
ment, or ont Of The sovereignty insti-
t. ted by it, If this be true, and
Congress is the sole judge of the ne
cessity which may exist for the exer-
else of such powers, the central gov
erument is practically without any
limitation. save the discretion of
Congress-and there is hardly any
conceivable encroachmen: of the rights
of the States or the people that may
not be justified under such a con-
struction.
| have said that prior to 1862 the
proposition that nothing but gold and
silver coin could be made tender in
payment OF debts seems to have been
universally accepted as the teaching
Of the constitution by all men of all
parties. If Ply space permitted l
could refer tn the debates in the con-
vention that framed the constitution
to prove beyond all lingering of doubt
that it was the intention of the MEM
bers of the convention TO with hold