The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1881-11-24
Lime Springs Correspondence.


that at some future time would
give some extracts from the SUI
iprcme Court decision on the legal
tender question showing the views
OF the court on the subject under
consideration, namely: The power
Of Congress to coin, create or nuke
money Of any material whatever,
which. In it, Judgment would best
answer the purpose and contribute
most largely to the public welfare.
Ard here l want to repeat former
assertion: THAT all money OF Whit.
ever material made, Is simply antl
purely II creation OF law, nnd de-
/ ponds on legal enactinents for its
value rs money, and farther. that
any value inhcring in or belonging
to it, material IL purely commercial
or commodity value, the same as
wheat or corn, having no relation to,
orconEcction with the money value
Now let us sec what the court
says, OH the question lthc volume
from Which quotci Il the pocket ed
ition published by Follett. costing
only % cts, and think i; would DC
money and time well spent. for every
man whether Republican. Democra;
or Greenbaclscr to procure copy
and read 1t carefully. On page ).
the Court enquiries: Can Congress
constitutionally give to treasury
notes the character and qualitie, Of
money? Can such notes be consti-
tutcd IL legitimate circulating medi-
UNI, having defined legal value?'
l. In answering the above question,
Oh page 4. the Court says: a decent
respect for IL coordinate branch of
| the Government demands that the
judiciary should presume, until the
contrary is clearly shown, that there
has been no tranSgr.ssion OF power
| by CongrcsS-all the members oil
which net under the obligation Of IN
| oath Of fidelity to the constitution"
Such has always been the rule.
Tn Commonwealth rs Smith, 4,
Binney l23, the language OF the
Court was: 1T must he remembered
that, for weielty reasons, it has
been assumed rs principle. III con.
| strung constitutions, by the STU
prcme Court OF the United States Ivy
| this Court, and by every other court
Of reputation in the United States,
that IN act OF the legislature Is not
to be declared void unless the viola
ton OF the Constitution is SO mani.
fest as to leave no room for reason
able doubt
1T is incumbent therefore upon
those who affirm the unconstitution.
atty Of an net Of Congress, to show
clearly ihut it il In violation OF til.
provisions Of the Constitution. II |:
not sufficient for them that the,
succeed in raising a doubt, nor ca,
ii be questioned, that when invcsti
, eating the nature and inlcn. Of tn
! powers conferred by the Constitntio,
upon Congress it is indispensable. 4
keep in view the objects for whiel
these powers were granted. This i
: Il universal rule Of construction, ap
! piled alike to statutes, wills, con
!, tracts and constitutions
Let us now sec il We can find an
OF the reasons why these power.
, were conferred upon Congress, an
! it may help us in the solution Of In
questions. III the preamble Of til
constitution setting forth the rea
sons for its adoption. we find tn
: following: We hold these truths /
u. selfesi,lcnt. that al. men are ere
ated equal, that they arccndow.d y.
their Greater with certain inaliena
hlc rights; that among these are lii,
liberty and tie pursuit Of happiness
that TO secure these rights govern
ments are instituted among men dc
irving their just powers from til
consent Of the govctned.'
Here We have Il in Il nutshell. 1
secure these rights, the right to lif.
, liberty and the pursuit Of happiness
powers were conferred upon Con
grcss, and certainly the comforting 4
these powers upon Congress impose
! upon il tic strongest Of obligations
/ to make use Of all means, reasona
!, bic and equitable, which in its judg
ment will best promote the end
sought to be attained. and render
I possible the accomplishment Of iii
) object, the trainers OF this constitu
i ton had in view, which oyiaenil
was the prosperity and happiness 6
the riole people, not IL few OF thel
I only. We must bear in mind tina
! those men were cutting loose froi
the tyranny and tnral!lom Of oil
+. World institutions and before thei
prophetic vision was spread til
J picture Of great, prosperous ali
: happy people, relying upon their ow
h,.in md Ia .,,t1 fl,..
which nature had placed With
their reach; and lot 10 he bound i
anything by the customs or prect
I dents OF other nations.
i Taking this view OF the purro~,
and objects soush, by the Trainer
: OF the Constitution. is il REASONABLE
q TO suppose they intended to say
: Congress. You can make money onl
, of geld and silycr:' But let us ),
farther what the Supreme Coul
says about II, on page Is: The d.
4 gree Ct the necessity for any congress
o ional enactment, or the relative Il,
!. gree Of il appropriateness, il II hay
any appropriateness Is for considc
alton in Congress, not here"
Il Page Is: making the notes leg,
|: tenders, aire them ner use. and
'e nesds no Gfgnmeh! TO shoe that Il
ralue o. things is Ia proportion
:, the uses to ,ehich they mey be al
. Piled
y Page %: To assert then, that Il
If clause enabling Congress To co
= money and regulate its value tacit
! implies Il denial Of all other pow
]" over the currency Of the nation, Is /,
r attempt to introduce new rule
m construction against the solemn Il
!. cision OF this court"
Page 23: whatever power the
; is over the currency is vested
'e Congress"
It why then it may be asked. il Il
I'd design was to prohibit To the II,
:, government. as well as to the State
. that general power over the cure
cy which the States had when |
T? Constitution was framed. WAS Su
90 denial not expressly extended