The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1891-07-22

tors in legislation may introduce that
seems To them to answer their purposes
and promises to meet the necessities ana
! demands Of particular interests. The
conStitutionaity Of all laws passed by
! congress, no: political in their nature,
! can be tested in the higher court.
! But the exercise Of powers by congress
that are rnltical in their character cam
not be revised or questioned in any court.
! Wtcn the question Of power is political.
and not judicial, congress alone decides,
and is alone responsible for the exercise
of the political power. Congress cannot
create its own powers. They are dee
gated by the States in a written constltu-
ton. The supreme court of the United
States has the power TO decide whether or
not any power exercised in passing
. bills or resolutions is polit cal in its ma
turc. and it The court holds that the pow
rr is political, it will refuse to decide
whether congress could cOnstitutionally
exercise ii i'll the given case.
=, In the legal tender case OF Juilliard VS..
Grceuman, decided in March, 1884, and
reported in 10th vol. United States
! Reps. fl, the supreme court (Judgc
Field. disscnting) concludes its decision
us follows;
Congress, as the legislature Of SOW
ereign nation, being expressly empow-
cred by the constitution 10 levy and col
lect taxes, to pay debts and provide for
the common defense and general welfare
of the United States, and to borrow
money on the credit of the United States,
and t0 coin money and regulate the value
thereof. and Of foreign coin, and being
clearly authorized TO coin, as incidental
to the exercise of those great powers, to
emit bills Of credit, 10 charter national
banks, and to provide national curren-
cy for the whole people in the form Of
coin, treasury notes, and national bank
bills, and the power to make notes Of the
government legal tender, we are irreSti-
bly, impelled to the conclusion that it is
appropriate means within the discretion
of congress.
, "Such being our conclusion say the
; court, sin the matter Of law, the ques-
ton, whether at any time, in peace or
: war, the exigency is such by reason OF
unusual and pressing demand on the
, resources of the government, or of mad
equacy of the supply of gold and silver
; coin to furnish the currency needed for
, the uses of the government and Of the
people, that it is as matter of fact wise
= and eXpedient to resort to this means is
a political question to be determined by
> congress, when question Of eXigency
: arises, and not judicial question to be
5 afterwards passed upon by the courts. y
The powers Of congress over the whole
5 question OF currency, and currency sup
= ply, for the uses Of the government and
l the people, are decided in the above case
, in all their amplitude by the highest
5 court in the United States.
l I am flee to admit, and donot see how
t it can l,e denied, that the exigency for q
3 greater supply Of currency to the people
- o. tl,ol l,,f1 <>fo
, to so find as Il matter of fact, and as a
, matter m of law it is also settled, that as
, an appropriate means of meeting this
} exigcncy, of supplying this currency,
5 congress has the power to issue treasury
} notes and impress on them the legal
quality Congress can authorize treas
urv notes to be issued and pay them out
i'm satisfaction Of the debts and obliga-
tions Of the federal government, and as an
incident to the discharging of its duty to
, supply the people with currency enough
for their uses in their trade and commerce.
, What power has congress to perform
its obligation to keep the people supplied
with sufficient currency? The supreme
court has specified in the above decision
what powers congress can exercise for
this purpose. Each and all the currency
or money powers of the government men,
toned by the court are founded on the
: implied power Of congress to determine
!, what ways and means conclude, as a
matter Of fact, are necessary and proper,
that is adapted to the end and appropr-
ate as a means of discharging its duty and
executing the public trusts created in the
constitution.
, Can congress, in the exercise of its dis
cision in the selection of means to he
: used to supply tho people with sufficient
[ money, authorize the issue Of treasury
+ notes for the specific purpose Of being
advanced or loaned to particular class
5 of individuals for specified time on the
/ security OF certain crops or commodities
to be dcposited with the government in its
: warehouse, and when the loan is satis-
fled. bv the return of the treasury notes
advanced, the notes to he cancelled and
destroyed
f The supreme court decides in the above
case that the discretion of congress in Sc
Letting the means Of supplying the peo-
nlo with a currency as derived from, and
must be in harmony with, the powers
specilied in the constitution and cnumer-
aied in the decision.
The express powers enumerated in the
decision are, !, ''to levy and collect tax
. es :" =, "to borrow money on the credit
of the United States;' 3, ''to coin money
|, and regulate its value"
"rhe implied or incidental powers
enumerated in the decision, are, ], ito
emit bills Of credit" or bonds; 2, "to
charter national banks ;" 3, "to provide
a national currency for the whole people
| i'm the form Of coin, treasury notes and
+ national bank bills" and 4, "to make
notes of the government legal tender"
Each and all these powers are granted
to congress for the public objects speci-
fled in the constitution, viz, to "pay the
debts, provide for the common defense
and general welfare Of the United
States"
Great confusion and misleading reason
lirr have grown out Of the comprehen-
lsiVc character of what is known as the
sgencral welfare" clause above quoted.
1t is often claimed to be delegation OF
power, when, if so, it is manifest that no
+ other grant of power was necessary, as
this would make the discretion of con-
gress unlimited in all legislation. No
court and commentator on the constitu-
ton ever hold that the general welfare"
clause contained a delegation of any sort
inseparably connected with the only
grant of power in the first paragraph OF
the eighth section, and that is the tax
power, and the sole Office and intention OF
| the general weli;tre' clause was, and is,
to specify and describe in cOmprehen-
sive terms the objects to which the mon
ey raised by taxation was to be applied
by congress.
The limitation on the power of appro-
priaton by congress is found in the OBJ
iects which must be general and national
and not local or outside Of tho scope OF
tho express and implied grants, and Of
I