The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1879-03-14
CONSTITUTIONAL.

nature of their Magma Charta, and thei
rights under it. The constitution was no
the act of government, but of the people
1t precedes the government, and constitute
the peoples enabling act, or authority un
der which the government exists. 1t is
law to the government, enacted by the peo
pie to peotect them from unjust Legislation
and oppressive acts that government or
fgaazed under it might infict. all powe
fexercised over a nation must have some or
igin. 1t must be either delegated or assum
ed. There are no other sources. All dele
gated powers are sacred trusts, and all as
sumed power is usurpation. Neither tim
nor circumstances alter the nature of either
Government has of itself no rights, they ar
altogether duties. Absolute sovereignt,
rested with the people before the constitu
tion was adopted. They had the absolute
power to make paper money or paper gods
They had the power to do anything within
the scope of human possibilities. Their in
dependence and national sovereignty wer
ny OilC pO" VI ohC Odi Oii
The colonies had all made paper lega
tender money before the days of thesconfed
eratioA and with it had paid their debts
grown prosperous, developed the country
fought their Indian battles and brought civ
ilization out of barbarism and the wilderness
After they had gained their independence
they resolved to establish a government, moi
to rule over them, but to defend them in the
enjoyment of the liberties and natural rights
they had wrested from the crown. The
whole people could not participate directly
in legislation, execution, or in adjudication,
but they could delegate these duties and
powers to representative servants called a
government. When they had resolved to
delegate administrative powers to a govern.
erning body they framed a charter or consti
tuition to govern and guide that body. The
objects of the government, and the duties
enjoined upon it are clearly set forth in the
preamble to the constitution. By this pre-.
amble every ambiguous clause in the instru-
ment is to be interpreted. It reads as fol
lows, and its meaning is as clear as sunlight
"We, the people of the United States, in
order to form more perfect union, establish
justice, insure domestic tranquility, provide
for the common defense, promote the general
welfare, and secure the blessings of liberty
to ourselves and our posterity, do ordain
and establish this constitution" That was
what the constitution was ordained for. 1t
grants to the government organized under it
full power, and makes it it's solemn duty to
exercise that power to any extent necessary
to bring about the specified results.
The sovereign power of a nation to estab.
lsh medium of exchange, and to declare
what shall and what shall not be legal ten.
der within its own jurisdiction is the most
important prerogative, and is a right and a
privilege that no uation has ever questioned,
or dared to denpto any other nation. Does
the United States possess that right? If not,
it being sovereign right, what other nation
or nations or power has deprived our nation
of it ? If we have not been deprived of tim
power, where does it rest ? The people lie
their sovereignty originally possessed it.
Did they through the constitution delegate
this prerogative to the government "To
provide for the common defense, and to pro-
mote the general welfare is sufficient au-
thority if there was no other, to warrant
the government in the exercise of this pow
er at any time when the common defense
was in jeopardy, Or the general welfare was
in peril for lack of legal tender money in
sufficient quantity to provide for the one OF
to promote the other.
The government has the undoubted right
to do anythiny, or exercise any sovereign
power of the people, or to accomplish the
objects set forth in the preamble to their
charter, unless that instrument specially
prohibits it. The power to coin money is
specially delegated to Congress, leaving il
discretionary with that body to coin it out
of such material and in such form as it might
deem most conducive to justice and the pro
motion of the general welfare. While the
people gave Congress unrestricted authority
to coin money out of anything, they re-
stricted themselves in their state authority
to make gold and silver legal tender. The
object of this was to avoid a mixed homoge
neous currency, which would result from
separate state currencies. The only clause
in the constitution which the bullionists
use as a pretext against the right of the
government to. issue legal tender pape,
is clause of section 10, artitle l, which de
clares that no State shall make anything
but gold and silver coin legal tender. II
this clause can be so construed as to prohibit
Congress from making anything but gold
and silver. coin legal tender-then Congress
cannot even coin money, enter into any
treaty, or alliance, or grant letters of marque,
for the same clause declares that no State
shall do these things. If this clause pro
hibits Congress from making anything but
gold and silver legal tender, where does il
get its authority to make copper, brass and
nickel, legal tender: If Congress can make
copper, brass and nickel, legal tender, nine
ty-nine hundredths fiat it can make iron
lead and paper, just as well. If the right
of Congress to issue legal tender greenbacks
under the constitution is doubtful, the peo
pie is the only tribunal competent to deter
mine its authority. That instrument is O
their making, and not Of the Supreme
Courts.
Let the people vote on the questions al