The times. [volume] (Richmond, Va.) 1890-1903, 1893-03-16
THURSDAY. MARCH i6. 1898.
SIX PAGES.
THE NATIONS CONTROL OVER
CURRENCY.

THE NATIONS CONTROL OVER
CURRENCY.
few days back the Dispatch referred
10 the subject of national currency in
terms which seemed to imply that there
was some provision in the Constitution OF
the United States which expressly com
mitted 10 the Congress a power TO PASS
any such laws for establishing or regulat-
ing a currency that 1t thought wise The
Times asked it to point out the provision
Of the Constitution to which Il had re-
ference, and II replied yesterday that it
referred to such a power in Congress as
is drawn by inference from the Const-
tuition at large which, In test case, the
Supreme Court OF the United States has
held that Congress actually possesses.
The discussion thus brought forward is
destitute of novelty. but it is the most
important one that ever comes before the
people now. and its importance justiies
brief review OF the exact facts of the
case.
Under our Government the States and
the people of the States have delegated
to the Congress power to do certain
things Congress does not exist at all,
except as It finds it's existence provided
for in the Constitution. and it has no
powers whatever except those granted TO
1t In that instrument. After stating what
these are In distinct and unambiguous
language. the Constitution adds in the
tenth amendment thereto:
1.-The powers not delegated to the United
States by the Constitution. nor prohibited
by IL TO the States, are reserved to the
States respectively or to the people"
Touching the matter of money the Con-
stitution provides that the Congress shall
have power
ITO coin money, regulate the value
thereof, and of foreign coin, and fix the
standard of weights and measures"
This is everything relating TO a control
over money that the Constitution has to
say In reference TO the powers of Con-
gress. II any one had claimed before the
war that this, or any other provision of
the Constitution. gave Congress the power
TO issue its paper promises TO pay dollars
and to compel men forcibly TO receive
them as dollars, ne would have been
laughed to scorn. But, Inter arma leges
silent"-in the clash OF arms men put
principle aside when 1t conflicts with
what they think may aid their cause. To
strengthen and add to its resources for
making war, Congress provided for the
issue of vast quantities Of Treasury notes,
which II made legal tender in payment Of
debt For one reason or another the
public submitted to this until the power
Of Congress to do II was questioned be-
fore the Supreme Court of the United
States in 1869. when that body, by a vote
OF four Justices to three. held that Con-
gress was given no such power by the
Constitution, and that it's acts making
Treasury notes legal tender were uncon-
stitutional and void.
Every one recollects the hubbub and fu-
ror that this decision made. The Con-
gress OF the United States was at the
time composed overwhelmingly in both
branches OF men thoroughly identified
with the Northern side of the war. and
General Grant. who could be relied on.
as was well known. to execute faithfully
any act expressive OF their inspiration.
was President Congress at once passed
an act adding two justices to the Supreme
Court. and General Grant appointed
Justices Bradley and Strong. two avowed
gresnbackers. 10 fill the places thus made.
These two Immediately proceeded to pay.
In good. sound greenbacks. the price OF
their appointment. Another case was i'm
mediatey brought before the court, when,
by vote OF five TO four. n reversed it's
former decision. held that Congress was
given power by the Constitution TO do
that which the Almighty himself cannot
DO without first changing the laws OF the
unfverse-to-wit 10 make paper promise
10 pay dollar the same thing us the
dollar promised. and IL held the act maxi
ins greenbacks legal tender a valii act.
How did Msssrs. Bradley and Strong and
their three associates arrive at this con-
ejusion?
The Constitution provides that Cons. less
shall have power o make and carry ON
war. ard 20 make all laws necessary
aud proper" for carrying into execution
any Of the powers specifically 20 lfsrred, |
They argued that making greenbacks a
legal tender in payment of debt was a /
measure necessary and proper for max
ing s6ss(sl the power to carry on war