Port Tobacco times, and Charles County advertiser., 1884-03-21
The Legal-Tender Decision.

The Legal-Tender Decision.
The recent decision of the Supreme
Court of the United States in The 'egal ten
der case affords very forcible exempliti-
cation of the Rcpub lean idea of a 'strong
government" In the former decisions up
on the greenback question by that tribu-
nal, it had been held that a great civil war
which threatened the very existence of the
government would be cogniZed by The
Court as such an extraordinary emergency
as would warrant Congress in exercising
the extraordinary power, not granted by
the constitution, of making the paper bills
issued by the Government legal tender
for public and private debs. This was
thought by the leading jurists of the coun-
try to be a strained and unwarranted ju
dicial Interpretation of the powers of the
Government and it was said that the Su-
preme Court had been especially packed
by the appointing power with view of
securing that decision.
In the recent decision the eight Repub-
lican judges hold that the reissue of these
notes in time of peace, after they had been
redeemed and turned into the treasury.
was within the constitutional power of
Congress and enunciate the proposition
that the Congress shall be the exclusive
and final judges of the emergency which
shall warrant the exercise of that extraor-
dinary power, and that their decision in
that regard shall not be subject to the su
pervision or reversal of the judicial de
partment of the Government.
1t might appear, when abstractly con-
sidered, that the recent decision does not
involve any very grave or material depar
ture from the principle laid down by the
Court in the former decisions upon this
question. 1t might seem that the transi-
tion from the former adjudications that the
civil war constituted sufficient emergen-
cy for the exercise of the legal ten ier pow
er, to the recent decision that Congress
shall determine when the emergency ex-
lists, is an easy and natural one. But up
on more careful examination it will be
seen that The last decision, though proba-
bly, corallary which follows not inconse-
quently from the proposition previously
established, is nevertheless fraught with
much greater and more enduring danger
to the business interests of the country
When it was understood that a great war
alone would constitute the emergency
which would invest Congress with this
extraordinary and dangerous power Of in
fiafing the currency and unsett ing values,
in times of peace the business interests
would feel ample security against it. But
when it is known that any freak which
may seize upon maj .rity of Congress
and the Executive may precipitate this
dangerous State of affairs upon the coun-
try the insecurity of all invested capital
becomes alarming.
But as great as are the dangers to the
business interests of the country invo we'd
in the recent extraordinary decision. and
as much as it is to he and is regretted and
condemned; greater STILL perhaps, are the
menaces to the liberties Of the people i'm
piled in the reasoning 10y which the ma
jority of the court in their opinion work
out their decision. Mr.. Justice Gray,
speaking for the majority of the court in
the opinion, says: 1.-The power 10 make
the notes of the Government legal ten
der in payment of private debts, being one
Of the potcers belonging to sovereignty ~ other
sorereiga nations, AND NOT EXPRESSLY
WITHHELD FROM CONGRESS BY THE con-
sTITUTIoS. We are irresistibly impe led to
the conclusion that The impressing upon
the treasury notes of the United States the
quality of being legal tendar in payment
of private debs is an appropriate means
conducive and p'ainly adapted to the ex-
ecution oft letter and spirit of The con-
stitution."
This, in nutshell, is the Republican
idea of a ''sirong government" All pow
ers belonging to sovereignty in other "sov
ercign nations and not expressly withheld
from Congress by the constitution, are to
be exercised by the Federal government.
All the powers welded by The Gar of
Russia, the Emperor of Germany or any
other sovereign nation" are to be exer-
cised by our Federal republic, unl-ss they
have been expressly withheld by the con-
stitution. And this in the face Of the
plain letter of the ten'h amendment that
"the powers not delegated by the consti-
tuition, nor prohibited by it to the States,
are reserved to the States respectively or
to the people"
1t is eminently fl ting and proper that
this exposition of the legitimate conse-
quenoes to which the Republican theory
of ''strong government" and "higher law y
unavoidabiy leads should be promu gated
at this time by the Supreme judicial tribu-
nal of the country. 1t is eminent proper
that just upon the eve of the National
election the "business interests, which the
Repub leans are laboring 81 z"alously to
alarm with the idea that the Democratic
tariff policy is prejudicial to them, should
realize, as they have already realized, the
great and real dangers to their interest,
as well as The liber les of the people, con-
tAined in the strong government" doct-
rine.
Perceiving this, many of the leading
Republican newspapers of the country
denounce and rcpudiate the decision.
While approving Of the strong govern
as its expressions only bear upon the au-