SUBSCRIPTION TERMS, Ac, The InQDiaßftU published eicry FBTTVAV H. rn jn£ at. the following rates : OSE YEAH, (in advance.) >2.00 " (it not paid within six m 05.)... $2.0 " (if not paid tvithin the vcar,)... $3.99 All paper* outside of the county discontinued without notice, at the expiration of the time for vhieh the subscription has been pivid. Single copies of the paper fut niched, in wrappers, at ftve cents each. Communications on subjects of lo*ai or general interest arc respectfully solicited. To ensure at tention, favors of this kind must invariably be accompanied by the name of tho author, not for publication, but as a guaranty against imposition. All letters pertaining to business of the office tliouM be addressed to DURBORROW & RUTZ, BEDFOHP, PA.* ATTORIEYS AT LAW. , uII.NT. KEAGY, .1 ATTORNEY-AT-LAW. Office opposite Rots! A Schcll'- Rank. Counsel given in RngtUk and German. [npl2t>] T R | MM KIJIJ AND LINGEXi.XTEH, |\ ATTORNEYS AIHW, tanruaii, PA. liavo l'ormod a partnership in tho practice of (be i->w Office on ./ uliana Streot, two doors IS on th ~f tlie Mcngcl Ilouan. [April l,lßfii-tf M. A. POINTS, ATTORNEY AT LAV.', 3*t>rom>, PA. !;■• ncctfully tenters his ; rofessiona! services t ;]ic public. Office wi'h J. W. Liagenfolter, Esq., on Juliana stroct. "■Collections promptly male. [Doc.9,'6-t-tf. HAYES IRVINE, ATTORNEY AT I.AW, V. ill faithfully aut promptly attend to all hnai nr • intrusted to his care. Office with G. 11. Spang, .. ,11 -Iniiaua street, three doors south o: the Mettgei House. May 21:1, psl'Y -M. AIJSIJP, EJ ATTORNEY AT LAW, lir.nroito, PA., Will faithfully and promptly attend to all busi entrusted to his care in Bedford and adjoin ing counties. Military claims, Pensions, back ■ :v. Bounty, Ac. speedily collected. Office with Maun A Spang, on Juliana street, 2 doors south , ! the Mongel House. apl 1, 1864.—tf. a. r. MKVEItX ; J. W. DICKBKSOS MEYERS A DICKKRSON, ATTORNEYS AT LAW, RKDFOKT', PEJS'A., Office nearly opposite the Mongel House, w ill I raetice in the several Courts of Bedford county. I'cn-ions, bounties and hack pay obtained and the purchase of Real Estate attended to. [may II ly I B. CESSNA, ,) . ATTORNEY AT LAW, i dice with JOHN CtssiA, on the square near (lie Presbyterian Church. All business entrusted to his care will receive faithful and prompt attention. Military Claims, Pensions. Ac., speedily collected. [June 9, 1805. U B. STUCK EY, UTORNEY AND COUNSELLOR AT E, W, and REAL ESTATE AGENT. Office on Main Street, hotween Fourth and Fifth, Opposite the Court House, KANSAS CITY. MISSOURI. \\ ill practice in tho adjoining Counties of Mis- POttri su; ■ 1 Kansas. J'j 12:tf j , , I SSELL '• N.LOHOBNBOKBR I ) ASELL A LONGENF.CKER, J V AT TOItHKTS A Col XSETLORS AT LAW, Bedford, Pa.. \\ -.end promptly and taitbfully to all basi lic-.- entrusted to their care. Special attention ~ n : collections and the prosecution of claims i.,r 1- ek Pay, Bounty, Pensions, Ac. -.• Office on Juliana street, south of tho Court House. Aprils;lyr. J- M'p. B. f. KKIil: OtHAKPE A KERR. A TTOItNE YS-A T-IA 11'. Will practice in the Courts of Bedford and ad joining counties. All husinc,.-s entxm-Led to their car will receive careful and prompt attention. Pensions, Bounty, Back Pay, Ac., speedily col let n-d from he Government. Office on Juliat a street, opposite tho banking •Sou... of Itee l A . hell, Bedford. Pa. mar2:tt J. It. I)IfRBOWtoW JOHJI LUTZ. 1 vbKBORKOW A IJT'TZ, J ATTORNEYS AT L AW, llKnroßD, PA.. \\ ill attend promptly to all business intrusted to their care. Collections made on the shortest no- Thoy arc, also, regularly licensed Claim Agents and will give special attention to tho prosecution (II o-e on Juliana street, one door South of the •M'o -ei House" an i nearly opposite the //■' iter office/ April 2.5. lflftfet. PHYSKIAm V\ T M. AV. JAM IS! >X. M. I'-, V BLOODT Rrs, PA., lb-j i ctfully tenders his professional services to the people "'-"that place and vicinity. [ilccStlyr UK. B. T. IIARKY, Respectfully tenders his professional ser- ; rices to tho citizens of Bedford and vicinity. Ulfice and residence on Pitt Street, in the building formerly occupied by Dr. J. 11. HoEus. f Ap 1 I,CI. 1 L MAKBOURG, -M- Ik. tf . Having permanently located respectfully tenders his pofossional services to the citizens of Bedford and vicinity. Office or. Juliana street, opposite the Bank, one door north •! Hall A Pal mer's office. April 1, 18B4—tf. 08. S. G. STATLER, near Schtllshurg, end I)r. J. J. CLARKE, formerly of Cumberland county, having associated themselves in tho prac tice of Medicine, respectfully JTcr their profes . ionat services to the citizens of Schellshurg and vicinity. I>r. Clarke's office and residence same as formtrlv occupied by J. White, Esq., dee'd- S. G. STATLER, Behcllsburg, Aprlll2:ly. J. J. CLARKE. HOTELS. { 11! ALY BKATB 11OUSE. NOTlCE.—Persons visiting the Watering Pla ces, will find a very desirable resort at tho ('HA LYRKATK HOUSE, near the Chalybeate Spring. Bedford, Pa., where the umlcreigned is prepared to accommodate from eighty to one hundred per sons. The house is new and airy, and neatly fur nished. Terms moderate. Hacks running to Mineral Springs, and Miner al Water slwavs on hand. .Max Hl.3m WM. CHENOAVETII. W"ABHIKGTON HOTEL. This large and commodious bouse, having been re taken by tho subscriber, is now ■.pen f r the re caption of visitors and boarders. The rooms are large, well ventilated, and comfortably furnished. The table will always be t-tq | lied with the bes the uarketeast afford. The liar is stocked with the choicest liquors, in short, it is roc purpose to keep a FIRfc.T-CLA.Sr HOTEL, 'flunking the public for past favors, I respectfully solicit a renewal of their patronage. X. 15. Hacks will run constantly between the Hotel and the Springs. n.ayl7,'7:ly WM. DIBERT, Prop'r. is*' i s Liii S i:o is. \ > err & SHANNON, BANKERS, X\ BUDFOKD, PA. BANK OF DISCOUNT AND DEPOSIT. Collection* made for the East, West, North Mfcti Sfuth, and tb *, in al.Scotch Pebide Glaa*oa. Gold Wutch Chaiiu, Breast Pins, Finger itings, bc*t ! * i !d Pens, lie will supply to order f in his line not on hand. [apr.28 a '6s. OVl v ' VILS! —T);** undcraigned has taken out .taction license, and tenders bis services to all u' have sale- ox auctions to cry, Cihe i ini*i a . . l\>tt OUico address, Spring Meadow . Be If-.. Pcnn'c. UIKttOKKUH A MTZ Kilitors ;ui(l Proprietors. gJalitical. KUYItSWOOII ON LEGAL TEN I) BUS. DISTRICT COURT OF PHILADELPHIA. Boric v.-. Trott. Constitutionality of!e gal-ten.lcr notes. Case stated. Opinion by Sfcarswoud, R J. If any point maybe considers! as well act bed, it is that thcConstitutionof tiioTTni ted States is a special grant or delegation of limited powers to the Federal Government. ''lt has been truly said." observes C. J. Marshall, hi the Unitod States, vs. Fisher, 2 Crunch, 212. "that under a Constitution conferring specific powers, the power con tended fl>r must be granted or it cannot be exercised." The same thing bus been" af firmed by Mr. Justice St >ry in Martin vs. Hunter's L< ,ees, 1 W'heaiou, 32G. "The Government of the Unite*! States can claim no powers which are not granted to it by the Constitution, and tho powers actually grant ed must be such as arc expressly given, or given by necessary implication. And not to multiply citations—on so clear a princi ple—again by C. J. Marshall in Met'ullough vs. The State of Maryland, 4 WEeaton, 405. "This Government is acknowledged by all to be one of enumerated powers. The principle that it can exercise ouly the pow ers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge, That principl £# note it.tu'er-Ki'ly admitted." It follows that to sustain the constitution ality of an act of Congress— to determine that it is a law—an authority for it must be affirmatively shown. That authority must exist in the Constitution in express words, or the act must appear to be necessary and proper for carrying into execution some power or powers vested in Congress, in the Government of the United States, or in some department or officer thereof. By this rule we are now to decide whether that clause of the act Congress approved Febnary 25.1862, entitled "An aet to au thorize the issue of United States notes, and for the redemption or funding thereof, and for funding the floating debt of the United Stales," which provides that the notes issued in pursuance of that act "shall be lawful money, and a legal tender in pay ment of all debt- public and private"—is or is not a law of the land. The C" UP 'of the defendant —recognizing that on hi; i V' -ted the burden of maintain ing the affirmative of this issue—claimed that the ■ vi-ion referred to was an exer cise of authority vested in Congress under one or other of the following Causes of the enumeration in s eti'ui of article 1: Paragraph 2. To borrow money on the credit of the United States. Par. 3. To regulate commerce with for eign nation- and among the several States, and with the Indian tribe*. Par. fit. To coin money, regulate the val ue thereof, and of foreign coin, and lis the standard of weight and measures. Par. 18. To snake all laws which -hall be necessary ami proper for carrying into exe cution the foregoing powers vested by the Constitution in the Government of the United States, or in any department or office thereof. I propose to examine these clauses with such other parts of the Constitution a.; have been supposed, in the course of the argu ment. to illustrate them. I feel some de. gree of confidene, not only from the well known ability, learning, and research of the eounsei for the defendants, but from my own investigations, that if the act of Con gress in question canu it he sustained on either of thcc clauses, it cannot be sustain ed at alb I will begin with the last paragraph of the enumeration, because its proper con struction has an important bearing on the other- —i'ar. 18: "To make all laws which shall l>c necessary and proper for carrying into execution the foregoing powers." 1 will not here revert to p >ii;ie*l and contro verted. grounds, nor to tho argument by which, in the FrxbraV: No. 44, and else where, the objections of t'he enemies of the Constitution to the sweeping words of tiii eJause wore met and-answered by "it- en lightened friends." I will take exclusively as my guide the principles judicially .-.tttlcd by the Supreme Court <>f the United States in the leading case of Met'ullough vs. The State of Maryland (4 W heat., HO) The rule established in that case is well exi ■ ed by the reporter in the syllabu . If the end be legitimate, and within the- -cope of the Constitution, all th'e means which arc appropriate, which are plainly adapted to that cud, and which arc not piohlbitcd, may constitutionally be employed to carry it into effect. Let us recur, however, to the very words of the opinion, as delivere 1 by C. J. Marshall: "We think the sound construc tion of the Constitution must allow to the National Legislature that di- rolion, with j respect to the mo ms by which the powers j it confers are to be carried into execution, i which will enable that body to perform tht high duties a-signed to it iu the mannct most beneficial to the people, fjct the ent!_ be legitimate, let it be within the scope of the Constitution, and all means which art appropriate, which are plainly adapted to that end, and which are not prohibited, nut consi-t with the letter and spirit of the Con stitution, are constitutional." —P. 421. This is certainly a very large charter to the di-erction of Congress, yet an rule for judi :al cases I ant willing to accept it. It. is apparent, however, from the very term in which the principle is enut.-iated, thai this discretion i- not without limits. If !■ not Congrc-s which is to be the fina judge as to wheiit r a measure is necessary . and proper forearryio r into effc-t any of t!; delegated powers. Were it of limited authority, and unmeaning formu- , la of word , The limits plainly set in this hn/uage ar- j these: I The end must be legiiimato, and j within the scope of the Constitution. 2 ; The means must be appropriate and adapt ] ed to the end. The means mu.-t not j themselves be prohibited, but een-ist with: the Icitcr and -pint of the Constitution. There is, however, another limitat >II i upon the discretion of Congress in Lie j choice of neccs-ary and proper means. It | is clearly slated in Mc-Cullough vs. Th State of Maryland, and in.de ,-d the princi ple of it may be considered to have rub: that case. I quote again the very words id the opinion; "The power of creating a operation, though appertaining to sovereign-y, :s net like the powers of making war or ievyiu : taxes, .or of oca citing commerce a great substantive and in dependent t -a or, " A • cannot be impbedt as a■> t ■' ito ' r powers, or used as a ni ans ol exts-uun ■ them." [\\ heaton ,411. 1 I nul< rase, refused to trust this authority to the Gov ernment." (Secret Proceedings of the Fed eral Convention, p. 57.) lie afterwards in forms the Legislature, as indicative of the temper of the body from which he had with drawn, that as the Constitution "was re ported by the committee of detail, the States were ouly prohibited from emitting them (bills of credit), without the cmseiitof Con gress ; but the convention were so smitten n lth tie paper-money itreatl, that they in sisted that the prohibition should be abso lute." "It was my opinion, sir," be pro ceeds to say, "that the States ought not to be totally deprived of the right to emit bills of credit, and that as we had not given an authority to the General Government fir that purpose, it was the more necessary to retain it in the States." The members of the Federal Convention truly represented the views and feelings of the people of the States by whom they had been chosen. No one acquainted with the history of the Revolution can be surprised at the extreme jealousy eutcrtaiued of in vesting either the Federal or State Govern ments, or eveti both, by joint action, with any discretion on tills subject. It is plain that the men who framed the Constitution —the men who ratified it in the State Con ventions —the great ina: - of their constitu ents —meant notiiL.g ! ■> than to exclude forever, in "> y possib' case —(Mr. Martin) —the pro ihi/ity of paper money —(Mr. Wil son.) The public faith again and again sol emnly pledged for the redemption of the Continental bills of credit, had been shame fully violated. The tender laws of the States, euacted at the urgent solicitation of Con gress for the purpose of sustaining their credit, hud utterly failed. The amount of private wrong thereby inflicted on individ uals and families wa- incalculable. Con gross, in a circular address in 1779 —after promising -olemnly that the amount of the bills should on no account exceed S2OO,'XX), (H>0 —indignantly repelled the idea that [.hero could bi* any violation of the public faith, or that there did not exist ample funds to redeem them. The emission, however, very soon after swelled to $379,000,000, and having ceased to circulate, quietly died in the hands of its possessors. (3 Story on the "Const., 23 1 221.) No financiering was found so easy, so attractive, and at the same time .-,o deiu-ive and destructive as that of report ing to paper money. "Who," said a mem ber of the Revolutionary Congress in de bate, "will consent to load his constituents with taxes, when we can send to our printer and get a wagon load of money, and pay for the whole with a quire of paper?" (Brock's History of Continental money, p. 13.) Well .-aid Mr. Read, of Delaware, in the Federal Convention, that such a p*wcr would stamp the Constitution with "the mark of the beast in Rcvelatious;" aad Mr. Lingdon, of Now Hampshire, only expressed the feel ing.-, of the eulire country when he declared ! that he would rather reject the whole plan ! than retain the three words "and emit bills." i It requires but a slight knowledge of the I times to conclude that if these three words I had been retained, or bad it been imagined I that though stricken out, us by comparing ! the new with the old system every bod;, could see that they were, they -till lurked ! in the instrument as incidental to souu ; other power, the Federal Constitution would j never have been ratified by nine States. In the discussion and publications which j followed on the promulgation of the plan, j before proceeding to vote on it in the State i conventions, as well as in the debates of i those bodies, so far as they have been pre -1 served and handed down to us, though every hole and corner of the instrument was rnn ! sacked to find objections, 1 am not aware I that it was ever suggested that it Bright pas ; srbly contain so odious and unpopular a I power. The voice of the instrument itself appeared sufficiently marked a = unmistak able. 11. I come now to consider the remain ing clause, which has been relied ou as the j source of authority to pass the aot iu ques i tion. "To coin money, regulate the value ■ thereof, and of foreign coin, and fix the i standard 6f weight- and measures." (Art. i 1, see. 8, par. 5.) It is evident not merely from the words, butfrom their juxtaposition with tie clause fur fixing a standard of ; weights aud measures, that the Oon.-titu ti >a intends that the money ol the United j States shall be not merely a medium of ex ' change, but a standard oj value Uuifor mity and stability were tho ends in view, and for this reason these powers were vested exclusively in the Federal Government. Here, and here alone, and not as a mcro in cident to something else, are we to look i'or whatever authority Congress possesses over the subject of money. These words seem to mo to sanction only coins ot metallic eurren cv. In the Federalist, No. 42, this is taken for granted. "All that need bo remarked on the power to coin money, regulate the value thereof, and of foreign coin, is, that by providing for this last case the Constitu tion has supplied a material emiitiastoo in the articles of confederation. The authori ty of.the existing Congress is restrained lo the regulation of coin struck by their own authority or that of the respective States. It must be seen at once that the proposed uniformity in the value of the current coin might be destroyed by subjecting that of foreign coin to the different regulations of tho different States.'' Judge Story thought SO, for he says, '-The power to com money is one of the ordinary prerogatives of sov ereignty, and is almost universally exercised in order to preserve a proper circulation of good coin of a known vidiie in the home market." (3 Story on the Const., 17.) But tho Supremo Court of the United States have not left to inference, but have distinct ly declared the same opinion in The United ■ States vs. Marigold, 'J Howard, 560, which au act of Congress punishing tlie offence of importing spurious coin was held to be con stitutional on the ground that the provisions ofthe act appertained, to use the very words ofthe opinion, "to the execution of an im portant trust invested by the Constitution, and to the obligation to fulfill that trust on the part of the Government, namely, the trust and duty of creating and main taining a uniform and pure metallic stand ard of value throughout the Union. The power of coining money and of regulating its value was delegated to Congress by the Constitution for the very purpose, as as signed by the framers of that instrument, of creating and preserving the uniformity and purity of such a standard of va'ue. The word coin is one of weil-settledmean ing. Tlie primary sense of the noun, ac cording to I)r. Webster, is "the die used for stamping money," and the undisputed sig nification of the verb, according to most, if not all, the lexicographers, is "to .-tamp metal and convert it into coin." In Whar ton's Law Jjcxicon (ad vcrbutn) it is said: "Strictly speaking, coin differs from money as the species differs from money as the species differs from the genus. Money is any matter, whether metal, paper, beads, shells, Ac., which has currency as a medium in commerce. Coin is a jiarticidar species, always made of metal, ami struck according to a certain process called coining." it was urged at tlie bar—l do not know whether seriously or not —that printing is tamping, and these notes might therefore literally be said to be coined. No such use ofthe word in any author has been shown. We may say figuratively to coin a story meaning to invent one. but never to coin the book in which it is printed. The story is a fiction —the coinage of the brain—the book a reality. iSurcly, however, no one will contend iu earnest, thai if a sufficient num ber of clerks bad been employed, and these notes had all been written with the hand, they would have been unconstitutional, but that printing them makes them valid. To state tho case thus is to reduce the argu ment to an absurdity. It ntay seem like laboring unnecessarily a very plain proposition, but I will hazard some further illustrations. The notes iu question draw a plain dis tinction on their face between themselves ' and Coins, 'l'iiey promise to pay dollars. What is a dollar To a similar question, What i.- a pound ? Sir Robert Feel answer ed: "A pound is a definite quantity of gold, with a mark upon it to determine its weight and linenes.-." Many pages have been written to controvert this definition, and to prove that a pound is a mere ahstra tion—something like a mathematical point without length, breadth, or thickness. But common sense, I think vindicates Sir Robert Peel. A standard measure must be some actual length or capacity—a standard weight some actual weight. How else can other weights and measures be compared with it ? This is the object of a standard. So a standard of value must be some actual value. 1 would say, drawing the definition from the statute book—l know not where else to look for it—a dollar is a silver coin, weighing four hundred and twelve and one half grains, or a gold coin, weighing twenty live and four filths grain-, ol nine-tenths pure to one tenth alloy of each mc-tal. These notes, then, promise to pay coins. To say that they are themselves coins is to make the promise and performance identi cal. As they do not state on their face when they are to bo paid, in law, if issued by an individual or corporation, thoy would be payable on demand. (VV bitlock vs. I nder wood, 3 B. & 187; Story on Notes, par. 20.) Payable in what ? in themselves, if they are coins, or dollars. They are prom ises to pay on demand payable in promises to pay on demand. A promise to pay may represent coin, and circulate as suon. _ It is properly designated as currency, and is one of many modes hy which the use of an ex pensive standard may be spared by the sub stitution, as a medium of exchange of public or private credit. It is same and conveni ent as well as economical, as long as it re pru*uut the standard, by being immediately convertible into coin. But in its very na ! turo it is not coin. Its value or power of purchasing other commodities depends as well upon the confidence of' the community ■ in the ability and intention ofthe issuers to ! redeem it as upon the amount issued." Coin, upon the other band, possesses present, ac tual, intrinsic value. If you obliterate from the pound weight the public mark which site-is its conformity to the standard, it still weighs the same as before. So you may era.-o the image frc m the coin, yet its value remains. Riot out however, the superscrip tion from the e pieces of paper, and nothing remains—they are worthless. The stamp on tl.ucoin is really nothing hut a certificate of the weight and ilueness of that piece of : metal. Government guarantees nothing ' but this—makes no contract to deliver corn. ! wool, -or leather in exchange for it. Tlie i power of regulating its value can only ex tend to declaring that in law a certain num ber of one coin shall be deemed the equiva lent of another of a different denomination tn contracts and other transactions. In the ' market, unequal values cannot bo made equal by law. Congress has no power to l enact how many bushels of wheat an eagle , shall exchange lor, and if they had, and : should make the experiment, the act, like all attempts by Government to change the laws of value, which are natural laws, would i j be futile. The legislation of Congress upon tins subjeit recognizes the difference between these I uitedStates notes and coiu, and that ' th v are not of equal value. The act before us (Feb. 25,1862) requires duties on imports and the interest ut _ the public debt to be paid in coin, and provides 1 that the notes "-hall be received the same VOLUME 40; SO. 3?. ascotn "t their par value in payment for any loans that may thereafter be sold or negotia ted by the Secretary of the Treasury." So c !' e March 17, 1862, the Secretary of the Treasury is authorized to pureha-e coin with them at such rates and upon such terms as he may deem most advantage, us to the public interest And the act of March 3, ISC3, prohibits the loan of <./- renry or money on the security of gold or silver coins, exceeding in amount the par value of the coin pledged or deposited as so curity. By tho first of these acts coin is treated as the standard; by the last, paper. The one speaks of the par value of tin notes, the othor of the par value of the coins. If' the word coin has any more general or figurative sense in the phrase, to coin money, than that I have assigned to it, it must be held to have the same in other parts of the article. In foreign coin will be included foreign paper money, and Congress may regulate it* value, and make it a legal ten der. t noy may thus treat notes of the Bank of hngland and France, Austrian and Russian government money, but not .State bank notes. Congress has no power of' regulating the value of any money except foreign coins and money coined by its own authority. If to coin money means to stamp paper, then the clause which forbids the States "to emit bills of credit" wa.- unnecesyarv; the prohibition "to coin money included it. The terms of that very prohibition show that in the mind.- f the makers of the Constitution "to coin money and "emit bills of credit ' were two entirely distinct and different things. In short, in whatever point of view it is regar ded, it seems to me that the position that this clause authorizes or permits any other but metallic money is untenable. The restrictions on tho States illustrate and confirm the opinion which I have ex pressed upou the proper construction of the paragraph before us. "No State shall coin money, emit bills of credit, make anything hut gold and silver coin a tender in pay ment of debts; pass any law impairing the obligations of contracts." (Art. J, sec. 10.) The whole power over contracts resided in the States before the ratification of the Fed eral Constitution. This section admits it and leaves it there, subject only to two re- I strictions, both having the same end iu ■ view—the inviolability of contracts. Ina-- j much as the States cannot coin, and the i Federal Government alone can. and ina- j much as the States cannot make anything ! hut gold and silver a tender in payment ol j debts, it follows that gold or silver coin-, foreign or domestic, as regulated by Con- 1 cress, constitute the only lawful money. This was evidently Mr. Webster's opinion • in that able speech on the Specie Circular, i which was cited at ihe bar, and iu which he ; declared " that gold and silver, at rates fixed s by Congress, < nstitute the legal standard ■ of value in this country, and that neither j Congress nor any State lias authority to es tablish any other standard or to displace this." And still more emphatically: "Most unquestionably there is and there can be no legal tender in this country under the au thority of this Government, or any other, but gold and silver. This is a constitutional ■principle, perfectly plain, and of the: very highest importance. The States are express ly prohibited from making anything but gold anu silver a tender in payment of debt,-; and although no such express prohibition is applied to Con cress, yet as Congress has no power granted to it but to coin money and to regulate the vaiue thereof, it clearly has no power to substitute paper or anything else for coin as a tender. The constitutional tender is the thing to be preserved, and it ought to be preserved sacredly under all cir cumstances.' ' (4 Webster's Works, 271, I must confess that upon a question of this magnitude—amid the conflict of opiu ion by which I am surrounded—my mind Las re-ted with confidence and satisfaction upou this clear and decided conclusion of a j great intellect. Mr. Webster's fame rests i mainly au his eminence as-a constitutional I lawyer. The Constitution has been the study of his life, the subject of most of bis professional and political efforts. He be longed to no school of strict construction, but on all occasions was found earnestly contending for the broadest charter to the Federal Government. The opinions he ex pressed in his seat in the Senate of the United States, under the sanction of his official oath, are entitled to be received as deliberate and well considered. With Mr. Webster I regard these pro- : visions of the Constitution upon the subject ! of contiacts and tenders as "of the very j highest importance," and "to be preserved I sacredly under all circumstances." They rest upon sanctions, which ought to be con sidered as of the most inviolable solemnity, ' at all times and iu all emergencies. The j true strength of government —the best | foundation on which can rest the confidence and affection of its people—is the security which it guaranties to property. This de pend- in this country upon those constitu tutional provisions which absolutely pro tect, under the ."Kgis of the courts of jus tice, alike the daily earnings of the poor and tho accumulated savings of tho rich man, not only from fraud and violence, but from the government itself, except In the form ofopen and equal taxation. It has been strongly urged upon us that Congress has the power of debasing the coin, either in weight or fineness, without chang ing tho denomination or legal value. What, it ha- been asked, is the difference between that aud issuing paper money, even though that paper should be at the time deprecia ted below the value of the coin? I answer, that because Congress may possibly accom plish a certain end by constitutional means, it does not follow that the same object can be obtained by means which arc not consti tutional. Though, by the process of deba sing the metallic standard, Congress may, perhaps, reduce all debts, public and pri vate, fifty percent., it does not follow that they can enact directly that the man who owe- one hundred dollars to another shall be quit upon the tender of fifty. We apply uo suclj principle to other cases. Because under a power a man may dispose of an es tate by will, we do not hold that he can do the same in any other wap than that direct ed or prescribed. But considering it merely as an argument of the intention of the framers of the Con stitution, it appears to me equally intxin clusive. There are very important_ differ ence ■ between debasing the coin and issuing paper money, though their practical results may in some respects be similar. It may well have been intended to leave to Con gress discretien as to the one, but to deny to cither branch of the Government, State or Federal, any discretion as to theothei. 1. The debasing of the coin as a financial measure for the purpose of discharging the public debt would be an open, gross, and pal pable breach of faith, scarcely possible in the preseut age of the world. Changes, however, for the mere purpose of regulating the value of the currency, may be occasionally neces sary. "Arbitrary governments," says Albert Gallatin, "have at various times, in order to defraud their creditors, the com, whilst they preserved its denomination, and thus subverted the staudard value, by which RATES OF ADVERTISING. AH advertisement* for loss than 8 mouth* l' ents for line for cavh insertion. Special notices cat-half additional. AH resolutions of Aseooia turn, comiuuuicatiuna of a liuiitod or individna. intcrets und notices of marriages and deaths, ex ceeding five lines, 10 ets. fier line. All legal aoti - cee of every kind, and all Orphans' Court and other Judicial sales, are required bylaw to be pub. lished in both paper*. Editorial Notice* 14 rents per line. Ail Advertising dne after first insertion. A liberal discount made to yearly advertisers. 8 months. 6 months. 1 year One square $ 4.50 $ 0.00 SIO.OO Two squares 8.00 9.00 16.00 Three squrcs 8.00 12.00 20.00 One-fourth column 14.00 20.00 35.00 Half column 18.00 25.00 45.00 One column 30.00 45.00 80.00 the payment of public and private debts, and the performance of contracts ought to have been regulated. This flagrant mode of viola ting public faith has been long proscribed by public opinion. Governments have, in mod ern times, substituted for the same purpose, issues of paper money, gradually increasing in amount anil decreasing in value. It was to guard against these evils, that the provisions in the Constitution on that subject were intro duced." (Considerations on the Currency, p. 72.) It is true that the coin has been debased in our own times aud country, but never with a view to defraud cither public or private cred itors. When the coinage of the Lnited States was first regulated in 17!/2, a double standard, both of gold and silver, was adopted, and the proportion of these two metals fixed at one to fifteen, which was then about their true re lation in the market. Gut though the rela tion between gold aud silver is certainly more steady than that between any two other com modities, at least within short periods of time, ym ~ not immutable. Accprdimrlv. about the year 1821, a change was observed to nave Occurred. An ounce of gold, instead of be ing worth only fifteen ounces of silver, was really exchangeable for about sixteen ounces. Of course no one would pay a debt with six teen ounces of silver, when he could do so with fifteen. The conseduence was that the gold coins disappeared entirely from circula tion, in obedience to the invariable law that the metal legally undervalued is always ex pelled. Silver became practically the only Standard. The act of June 23, 18.31, com mon! y called the gold bill, undertook io re store the true relation. To do this, either the gold coin must be debased or the silver en hanced. The latter tourse would have been fraught with more injustice and mischief than the former. Though the true policy may have been to let this alone, or to have established as the only legal what had practically become the actual standard, yet many pure and emi uent'statesmen were then and still are wedded to a different policy. Subsequently, by the act of January 18, 1837, the weight and stan dard of the coin of both metals were slightly changed with no design but to maintain, if possible, a currency of both gold and silver. Silver, however, being now undervalued, was banished from circulation as gold bad been before. By the act of February 21, 1853. a much more considerable reduction was made in the weight of silver coins less than the dol lar. but evidently only for the purpose of sup plying a subsidiary currency, for small pay ments ; for by the same act it was provided that the silver coins issued in conformity thereto should be legal tenders in payment of debts for all sums not exceeding five dollars. 1 have no doubt that all this tampering with the coin was unwise and unjust. Whatever u ay be the advantages of a double standard, they are too dearly purchasedby the frequent ly recurring necessity for these changes. But I do not see that there was, in any of these instances, a criminal breach of public faith, or an intention to interfere with private ccn- I tracts. In 1834, the public debt had been ; then recently liquidated in full, and at the pc i riod of none of these measures was anything to be gained by the Government from them, bin rather the reverse. 11. There is another important difference between the two measures of debasing the coin and of issuing paper money. When an act is passed debasing the coin, all the mis chief is done. On the day following, the pri ces of all markets adjusted themselves to tho new standard. Commodities, real or person al, lands or chattels, are of exactly the same exchangeable value as before ; the only dif ference beiug that their value is expressed in different figures. An ounce of gold will still buy the same number of bushels of wheat, whether it be coined into twenty pieces, call ed dollars, or forty pieces. True, debtors are richer at the expense of their creditors : but that gross injustice also is finished. Every man. creditor or debtor, capitalist or laborer, knows exactly where he stands. Not so with paper money. As to all existing contracts, the same, and even worse injustice is done, if the paper depreciates, than when the coin is debused. All equality is at an end. To day a man pays at ono discount, to-morrow he receives at another. I'herc is, in truth, no standard of value, ichatecer. The paper mon ey varies like the mercury in the barometer, acted on by the superincumbent column of air, swayed to and fro by the tides of the at mosphere—now high, now low —now rarefied, now condensed. Thus, as confidence rises or talis, but more certainly as issues are increas ed or contracted, the value of every man's property —and the real price of his labor what he can procure for it of the necessaries and comforts of life, fluctuates from day to day. This was just what the mca of the Revolu tion who met in the Federal Convention — who assembled in the State Conventions and ! and ratified the Constitution, had not merely i heard with their ears, but seen with their own eyes, touched and handled with their own hands, and felt in their own pockets. They had not the advantage of reading the same history repeated ia a more rapid and aggravated form in the paper money of revo lutionary France. But they heeded it BOt. They had quite enough in their own experi ence to make them determine to deal an ef fectual death-blow at paper-money ._ On the whole, thai, 1 am of opinion that the provision of the act of Congress of Feb ruary 25, 1862, declaring the notes issued in pursuance of that act to be lawful money and a legal Under is unconstitutional. This renders it unnecessary that I should consider the other question, which has been made as to the effect of the special agreement to pay in lawful silver money of the United States. Jam in favor of entering jtidgiru nt for the plaintiff, but as a majority of the court an; of a~different opinion, judgment for the defendant. THE Cleveland Herald makes tho follow ing sensible remarks in relation to local newspapers: "It matters not how many newspapers a man takes, his list is incom plete without this home paper. Every citi zen who wishes well for his locaiitv, should give a generous support to his home paper, If that paper is not just such as he would wish, he should feel that himself and neigh-* bors are respnsible, in a measure, lor its short coinings. Give a paper a liberal sup port. an active, sympathy, and it will in stantly respond to such manifestations. Let an editor feci that his efforts are apprecia ted, and he is the most responsible being on eartb, his paper a part of himself, he is as sensitive to praise or censure as a doting father. Nothing cau supply the place of the heme paper. It is the mirror in which the town and neighborhood news is Reflec ted; in the social, political and religious cir cle printed, it fills a place that no other pa per can. When a need of economy compels the curtailment of your newspaper list, strike off every other one before you say to the publishers of your heme journal, "Stop my paper." The man who does not read tho advertisements in his home paper, can never be said to bo well posted. The advertise ments indicate not only the business enter prise of the place in which they are publish ed, but the cnteryrise of the advertise.— When you sec a man who advertises 1 liberally, you may be certain of finding a good stock of goods in his store, that he keeps up with the market, and sells cheaper than those who do not advertise. If you want good bargains, always patronize those who avail themselves of the advantages afforded through the advertising columns of L the home ha per."