Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1884-03-20
MisfelIaueuns &eaaima.
LEGAL TENDER DECISION.

The Supreme Court in its recent decision
in the Legal Tender cases, has taken the
people by surprise, and created good deal
of speculation in official circles 1t awards
larger and more extensive power to Con-
gress than has usually been claimed for it.
1t comedies the authority of that body to
decide in advance what shall be the legal
and recognized value of all debts and obll-
cations, both public and private, in the
United States. This is the third decision
on this subject that has been made within
the last twenty wears. AS late as 1870 it
was decided that Congress had no power
vouchsafed by the Constitution to issue
Government notes which should be received
as Legal Tender for the satisfaction of pub
lie or private obligations.
In order to secure a different decision
which would favor party ends and purposes
it is charged that the vacancies on th~
bench have been filled with Judges who
were chosen with special reference to their
opinions in regard to this very matter.
This decision was reversed by small ma
jority, in 1871, in which the Legal Tender
Acts were pronounced constitutional. The
third and last decision, which was made
but few days ago, sustains the previous
Judgment, and even exceeds the bounda-
ries and restrictions observed in 1871. At
that time the Court sustained the Legal
Tender under the stress OF circumstances
as war measure and with direct reference
to eXigencies of the times, and in some
degree necessary and essential to the safety
and integrity of the country.
The court declares that Congress has the
right to issue the obligations of the United
States in such forms, and to impress up
on them such qualities as currency for
the purchase Of merchandise and the pay
RI oh tho
foreign governments. It insists that the
power to make government notes legal
tender was power universally understood
to belong to the sovereignty of Europe and
America, at the time of the framing and
adoption of the Constitution of the Uni
ted States. The opinion then proceeds as
follows:
"Congress, as the Legislature of sover-
eign nation, being expressly empowered by
the Constitution to levyand collect taxes, to
pay the debts and provide for the common
defence and general welfare of the United
States, and to borrow money on the credit
of the United States, and to coin money
and regulate the value thereof, and of for
eign coin, and being clearly authorized, as
incidental to the exercise of those great
powers to emit bills of credit, to charter
National banks and to provide National
currency for the whole people in the form
of coin, Treasury notes and National bank
bills; and the power to make the notes of
the Government of legal tender in pay
ment of private debts, being one of the
powers belonging to sovereignty in other
civilized nations, and not expressly with
held from Congress by the Constitution, we
are irresistibly impelled to the conclusion
that the impression upon the Treasury
notes of the United States the quality of
being legal tender in payment of private
debts is an appropriate means, CONDUCIVE
and plainly adapted to the execution of the
undoubted powers of Congress, consistent
with the letter and spirit of the Constitu,.
ton, and therefore within the meaning OF
the instrument necessary and proper for
carrying into execution the power vested by
the Constitution in the Government OF the
United State"