CLEARFIELD REPUBLICAN,"
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QOODLANDER St LEE,
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tanilent adrortliemenU, per ttjuare of 10 line, or
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$ Kor eeob eobeequent inaortioB 10
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J CI. B. O00DLANDBR,
f N0KL B. LBR,
l'ubll.b.re.
; J J W. SMITH,
A TORN EY-AT-LA W,
11:1:71 Clearfield, Pa.
J J. LIKGLE,
A'i'TORNEY-AT -I
IS Phlllpaburc;, Centre Co..
LAW,
P. y:pd
G
R. 4 W. BARRETT,
ATTORNEYS AND C0UNBELOR8 AT LAW,
CLKARFIKLD, PA.
J.noary 30, 1878.
ISRAEL TEST,
ATTORNEY AT LAW,
ClearHeld, Pa.
-0oe lo the Court Houee. J;11.'"
HENRY BRETII,
(oertitn r. 0.)
JUSTICE OF THE I'EACE
fob aiLL Towmnir.
May 1, 1871-lji
M. McCULLOUGII,
ATTORNEY AT LAW,
CLEARFIELD, PA.
Offi.'e In Maeoeie building, fjeeond etreet, ep
polite tbe Court Home. JeH.IS U.
"ly C. ARNOLD,
LAW & COLLECTION OFFICE,
CtlRWKNSVILLB,
e!8 Clearield Oouatr, Pena'a. toy
g T. I3ROCKBANK,
ATTORNEY AT LAW,
CLRARFIBLD, PA,
Olica In Opera lloun. ap Jo, '77-1;
JAMES MITCHELL,
DBALBa !
Square Timber & Timber Lands,
joll'78 CLKARFIF.LD, PA.
g V. WILSON,
ATTORNEY AT LAW,
Offiee one door eaat of Waftarn Uotel buildine,
oppoalta Conrt uouae.
Kpt.i,'77. CLEARFIELD, PA,
I
ATTORNEY-AT-LAW.
ClearHeld, Pa.
Will kttend to all bui.DM ntruiUd to hla
promptly and faithrnlly, jaol'T
J K. SNYDER,
ATTORNEY AT LAW,
CLEAHFIELD. PA.
OIRoa la Flt'i Opart Douw.
Juq 26, '7 Stf,
WILLI! A. WALLAC1.
MAHRr F. WALLAoa.
OA TIB L. IKIIIi
iou w. waiai.IT.
w
WALLACE i, KRGBS,
(Unweaiora to Wallaee A Fi.ldine,)
ATTORN EYS-AT-LAW,
J.al77 ClearBeld, Pa.
r.OL SUCK. . A. A. RAH AM.
)Ut K fc CR All AM,
ATTOHNMY6 AT LAW, '
- ' CLRAKriKI.a, PA.
Allll batioei prompt I r ttodd to. Offlea
Id Urftbaa'l Row rootoi fgrnvrlj oeeaplad 07
II tl Niu.a. Inl.lJ. '1A-t
H. U. (Swuopf.
Jcl;2-i, '78.tr.
THOl. I. MUMRAT. CTRVI SoarKtM.
jlURRAY & GORDON,
ATTORNEYS AT LAW,
CLEARFIIILD, PA.
PaY"Offlee la Ple'a Opera Ilonae, aeoood Boor.
:I0'74
Maara .. 'Bifal.i.av ' damibl w. n'cvaor.
fcENALLY & MoCURDY
ATTORNKYS-AT-LAW. -
uiearaeid,
0-hgi bnilncti attended to promptly wttbj
fidelity. OSa a Haooad itrtxt, aboVa ibt Flral
National Bank. jan:l:7l
G. KltAMER, j , . -r
ATTO JINEY-AT-LAW,
Real Eitata and Collect Ion Agent.
CLEARFIELD, PA.,
Wilt promptly attend to all legal bnilneea aa
truited to oil oar.
T-Offle ia Pie't Opera Hoot. Jan I' 71.
J P. McKEN PICK.
j ATTORNEY AT LAW,
CLEARFIELD, PA.
All legal buiiaui ffitrniled to bt oare will re
ceive prompt attention.
Offlee oppoiit Coort Home, la Meeonfe BulMing,
eeond floor. auglV7-!y.
JOHN L. CUTTLE,
ATTORNEY AT LAW.
tad Real Batata) Afoot, Claarfleld. Pa.
UBoa aa Tblrdatrooa, bel.Ob.iT AWalnat.
eT"Haapaetfally affera bla aerrieea la teilinf
aad bayiaf landa la Claarfleld and adJoiBing;
eenBtlea Bad with aa ef parleaea ol over twaate
yeara ea a tarreyor, lattera bimaelf that be eaa
reader latlafaeUoa. Feb. l!:M:tf,
D
R B. M. 8CHEURER,
IIOM(KOPATHIO PHYSICIAN,
Ottee la realdraoa ob Flrat aL )
April 14, 1171. Clearlald, Pa. :
R." W. A. MEANS,
PHYSICIAN A SURGEON,
Ll'TIIKHHm'Rrt, PA.
WlUaUeadprefaaaioaaleallapioaiptly. auflO'70
yt. T. J. WOW.W,
rUYSl'clAN AND STJRO KON,
OXoe oa Market gireat, Cle.rl.ld, Pa.
aT-OBoe koarai I to I ! a. aa., aad 1 to p. .
JJR. J. KAY WRIGLEY.
BOM(KPATI1IO PHYSICIAN,
ax-OAVe adjoialai Ike reeideoea ef Jaaiat
Wrl,l.y, K oa fWcoad St, Claarfleld, Pa.
JoljJI.'llHI. , , , , . . .
D
R. II. B. VAN VALZAn,
CLEHKIItLI), PBNITA.
OFFICE IN MASONIC BUILDING
omoe koara-Froai It to I P. U.
May II, 17.
D
R. J. P. BURCH FIELD,
Late Bargeoa af tka 8Sd fteglBaeat, Peaaayleanla
Volaateera, kavlaff retaraed fraa tka Areay,
ef.ra kla profeaataaal tarrieea la UeelUaaaa
af Olearteld aoaaty.
aVaT-Prefeaaleaal aalla proaiptly attaadod te,
Olea ea le..ad etreel, Coraierlyaeeapiad ky
Dr.Weoda. aprt. OO U
TARRY SNYDKIl,
11 , BARBER AMD BAIBDRUBER.
8kop oa Herbal II., eppaotte OeaM Riaea.
A eVaea aewei lar arary aaataaiar.
Akw BaBafaetarar af
All Klada af ArtttlM la Haaaaa Hair.
Clearlald, Pa. aay H, 'tt.
CLEAR!
GEO. B. QOODLAKDEB, Proprietor."
VOL. 52-WHOLE NO.
Cards.
1 OB PRINTING OF KVERY DKSCRIP
(I tioa aaatly oaeoated at tbla offlna
WILLIAM. M. HENRY, Justice
r T oftbb ruci tin Bcairania, LUMBER
OITY. Oollootlona bad and mon.v eromotlv
paid orer. Artlelea of agreement and deedi of
eoaeeyanoe neatly eiaautad and warrantad tor
reel ur BO eharre. I.1)'?'
JOHN D. THOMPSON,
Justice of tbi Fmci and Bciivencr, '
Cnrwenivllla. Pa.
tftColleeilone
paid o-er.
made and money promptly
JAS.
B. GRAHAM,
dealer la
Rial Estate, Square Timber, Boards,
BIltNOLKS, LATH, A PICKETS,
Siint . -, Clearfield, Pa,,
rv.i".
ARREN THORN,
OT AND snOE MAKER,
Market t ClearHeld. Pa.
ia abop lately ooeopiad by Frank Short,
waat ot Aliegnany uouae.
REUBEN HACKMAN,
House and Sign Painter and Paper
Hanger,
Clearfield, Peun'a.
fcfvWill eiooutejobt in fate line promptly and
Id a workmanlike manner. ar4,67
JOHN A. STADLER,
RAKER, Market St., Clcrfidd, Pa.
Freeb Dreed, Ruek, Rulii, Piet and Cekee
on hand or made to order. A general aetortment
of Confetti on ariea, Proita end Nnti In etook.
tea Cream and Oy'feri in mbioo, galoot nearly
ippoiil tbe I'oitotrtoe. I'rioaf modcrat.
March U-'7tV
WEAVER & BETTS,
PKALRRA II
Real Estate, Square Timber, Saw Legs,
AND LUMBER OP ALL KINDS.
CTOflto on Kend rtrvet, la roar of itor
room or ueorg weaver a Uo. janv. 'TB tf.
RICHARD HUGHES,
JUSTICE OF THE PEACE
roe.
iltcalur Totrunhip,
Oaeaola Mill! P. 0.
All olBolal baalneri entreated to bitn will be
promptly attended to. mobZO, '78,
J. BLAKE WALTERS,
REAL ESTATE BROKER,
4n naabaa in
Hnvy Ijog nnti Iiinubor,
OLEARFIKLD, PA.
Offlee In Orabam'a Row. 1:25:71
E. A. BIGLER & CO.,
DRALBM IR
SQUARE TIMBER,
aad nanulacturera of
ALL KINDS tP AVl:i) l.l MIIKH,
1-771 CLEARFIELD, PENN'A.
G. H. HALL,
PRACTICAL PUMP MAKER,
NEAR CLEARFIELD, PENN'A.
&a?-Ptimpi alwaya ob band and made to order
en ahort notioe. Pipea bored on reasonable terma.
All work warranted to render aatialaetion, and
delivered If dealred. BtyZfrlypd
THOMAS H. FORCEE,
VRAIaBB IR
GENERAL MERCHANDISE,
CRAHAMTON, Pa
Alio, eitemir manuraetarar aad dealer In flqaar
A i moor ana eawea Lauoaroi an Binas.
bOrdort eolielted and nil bille promptly
n I led . jyi'7i
I. SNYDER,
PRACTICAL WATCHMAKER
' AHB PBALBB IW '
Walchea, Clocks and Jewelry,
OraAaa'a Rom, Hariri Stmt,
rl.EARFIKI.D, PA.
All klnda of repairing In ny line promptly Be
aded to. April 19, 1871.
Clearfield Nursery.
ENCOURAGK HOME INDUSTRY.
TnR anderilgnad, baring eitaMiahed a 5ur
aery on the 'Pike, about half way between
Clearfield and Curwenaville, ia prepared to far
alab all kinde af FRUIT THKK8, (etaadard aad
dwarf,) Beergreeaa, Bbrabbery, (Irapa Vioea,
Oooaeberry, Lawtoa Blaokbarry, Hlrmwharry,
aad Raapbarry Vlneal Alao, Siberian Crab Treea,
Qalnoe, and early eoarlet Rhabarb, Ao. Ordera
proaiptly attended to. Addreaa,
J. u. w HlttllT,
eep20 ., . Curwenarille, Pa.
New Marble Yard.
The nnderilgned woald Inform the pablie that
ho bee opened a new Mubl Yard na Third it re I,
DBpoeUe the Lntbrran Cbnrob, wbr be will keep
oonrtintly on hand a i too It of varioui kiade of
matbl. An kinde or
TOMBSTONES, MONUMENTS,
Ponli for Crmeltrg Lot,
and all other work Ib bia line will be promptly
eaeonled IB a Beat end workmanlike manner, at
reasonable ratea.
He Baaraateea aatlafartory work and low prloea.
Oie bia a call. J. FLAHARTY.
Claerleld, Pa., U.rtli 17, lHTS tf.
. - ' I f ' '
. ANDREW HARWICK,
Market Street, Clearfield, Pa.,
HANVFACTCRBk ARB DBA LBR IB
BARNRBB, BADDLES, BRIDLES, COLLARS,
and all kind af
BOHSt rtRNJSHfNO GOODS.
A fall ttoek af BeddUri' Hardware, Braibee.
Combe, Ulenheta, Reba, te., alway oa band
and for aal at the leweal aatfa artwae. All kind
af repairing promptly attended to.
All atam nf Mtiee taken ta atrnnng mr Bar
neH and repairing. All kiadt of harneaa ieatbr
kept oa band, and for falo at a aatall proftt.
t'learftold, Jaa. IV, I two.
E. WARING'S
IAW BLANKS
For eala at lb, Clearfield Karuat-icAB efloa.
The antyil Comptttt Rertet of Law
UlankM publtMhtd.
Tbeea Btanka are gotten wp In anparlor at; la,
are af anliem aiae, aBd faraiahed al rery low
flgaraa for eaab.
Call at the RartiBLlreB ofilee and fiaaiia
theai. Ordera by mail promptly filled.
LANl'KH a 1,111,
ialy H, I r7 tl.
WEST BRANCH "
IiNSURANCE AGENCY .
PEHTZ A BROCKDANK, Ag.aU.
(Baeaaaaera te Marray A Uordoa.)
Tbe lofiowlng flrat etaMeonpaalaarepmeotedi
North Brltlak A Maroaatila Fire Int.
Co., of Englaad ,.$21,000,001
Bell.b Oomoiereial Fire Ina. 0., of
Knglead . ....I0,BM,0U0
llorlb Amerloa. ef Pbllad.lpbla...n 4,loo,tM
Fire Aaoelalloa,i.C PUIadalpbia 1,100,000
Welorwwa Fire, New Vera, laaaree
farm prapert, ealy .....,.... 700,000
Mobile Fire Department lae, Ce ....... l;,oro
Paraaaa la eke eaaairy w aalla, laearaaee, eaa
Ban It promptly attoadad to by addreeaiag aa ta
pereoa er by letter. Loweel Boeaible retee la firat
eUMe eompauiea, Ae ew.eam.ara, OMea la Pie'a
OamHoaae. AHURXW PRNTH, dr
t. T. UROOKkANK,
Clearfield, May 1, 1070-ly. Ageala.
f
at
i
In
on door
1
1
8.
'tvi.TZrr.. as - i , J "witaiuoM pigt-tUanrouf. gVdrrrtlsfmfulg.
2,587
77, J? MOSSY QUESTION.
I.EtlAL TENDER NOTES AND T1IKIR CON
STITUTIONALITY. For the purpose of cnlili toning our
readers upon this subjert, which is
again agitating tho publio mind, we
lay before tliom the olnboruto opinion
of Judge Sharawood, delivered in tbe
District Court of l'liiladelpbia in Feb
ruary, 1S63, in tho case of Borio vs
Trott. The District Court, in bane,
bad before it two cases in which tbo
constitutionality of tho act of Con
gress of February 25th, 18ti, making
United Statos notes a legal tender, was
involved, in oneot the cases the par
ty had offered legal tender notes in
payment of a mortgago, and tho money
as refused, and the party called into
Court. Judges Jlaro and Stroud de
livered the majority opinion ot tbe
Court, affirming that tho tonclor of the
United Statos notes was legal, inas
much as Congress, undur the Consti
tution, had tho authority to pass tho
act of February 25th, 1862. Judgo
Sharawood delivered a dissenting opin
ion, in wuich be belt) thut ConirrcHS
had no powor under tho Constitution
to niako notes ft legal tender in pay
ment of debts, and is as follows:
11 any point may be considered as
well settled it is, thut the Constitution
of tho United Stutes is a special grant
or delegation of limited powers to the
Federal Government. "It has been
truly said," observes C. J. Marshall in
the United States vs. Fisher (2 Crunch.
212) "that under a Constitution con
ferring specifio powers, tbe power con
tended lor must be grunted or it can
not be exercised." Tbo same thing
has beon aflirmcd by Air. Justice Story
in Martin vs. Hunter's Lesseo(! Wheat.
:I2G.) "The Government ot tho Uni
ted Slates can claim no powers, which
ate not granted to it by the Constitu
tion, and the powers actually granted,
must be such ut aro expressly given or
given uy necessary implication. And
not to multiply citations on so clear
a principlo again hy C. J. Marshall
in JkCullotigb vs. The Stato of Mary
land, (4 Wheat. 405) "This govern
ment is acknowledged by all to be ono
of enumerated powers. The principlo
mat it can exercise only tho powers
granted to it, would seem too apparent
to Lava required to he entorccd by all
those argumonls, which its enlighten
ed friends, whilo it was depending bo
fore the people, found it necessary to
urge. That principle is now unicermllv
(Minima:
It follows that to sustain the consti
tutionality of an act of Congress to
determine that it is a law an author
ity tor it must bo afllrmativoly shown
That authority must exist in the Con
stitution in express words or tho act
must appear to be necessary and proper
tbe carrying intoexecution somo power
or Dowers vested in flnnrrreaa in ItiA
or powera vested in Congress, in the
government of the United Stutes, or in
somo department or olllcer thereof.
ny this rule we are now to decide,
whether that clause of the act of Con
gress approved Fob. 25, 1802, entitled
"An act to authorize tho issue of Uni
ted States Notes, and for the rodom
tion or funding thereof, and for fund
ing the Boating debt of the United
States," which provides that tbo notes
issued in pursuance of that act "shall
be lawful money, and a legal tender in
payment of all debts public and pri
rate" is or ia not a law of tho land.
Tbo counsel of tbe defendant reo.
ognir.ing that on him rested tho bur
den of maintaining the allinnulivo of
this issue claimed that the provision
referred to was an excrciso of authori
ty vested in Congress under one or an
other of the following clauses of the
enumeration in Socticn 8 of Article 1
i'araoraph a. lo borrow monoy
on the orOTit ot the United States:
Par. 3. To regulate commerce
with foreign nations, and among the
soverai btales, and with the Indian
tribes: i
Par. 5. To coin money, rotruliito
the valuo thereof and of foreign coin,
and fix tho standard of weights and
measures:
Par. IS. To make laws, which
shall be nocessary and proper for car
rying into execution the foregoing
powers, and all other powers vested
by the Constitution in tho government
of the United States or in any depart
ment or oiuco increoi.
1 propose to examine these clauses
ith such other parts of tho Constitu
tion as have been supposed in the
courso of the argument to iliustrato
mom. I leol somo deirreo of confi
dence, not only from the well-known
ability, learning and research of the
counsel tor the defendant, hut from
my own investigations, that if tbe act
of Congress in question cannot he sus
tained on either of those clauses, it
cannot he sustained at all.
1 will begin with the last paragraph
of the enumeration, bocauso its proper
const ruction has an important bearing
qn lho others: Par. IS. "To make
all laws which shall bo necessary and
leropar jarrying into exoeotion the)
torcgoirig powers." I will not bene re
vert to political and controverted
gioimds, nor to the argumonls, by
wuicd in lho f ederalist, 10. 44, and
olsowhero, the objections of tho ene
mies ot the l.onstitutio to tho swoop
ing words nf this clause, were mot and
answerod by "its onlighlonod friends."
I mean to tuke exclusively as my guide
tho principles, judicially settled by the
Supreme Court of the Unitod Slates
in the leading ease ol MoCullough vs.
the Stole of Maryland, (4 Wheat. 310).
Tho rule established in that case Is
well expressed by the reporter in tbe
syllabus. If the end bo legitimate,
and with the scope of tbe Constitution
all the means which aro appropriate,
which are plainly adaptod lo that end,
and which aro not prohibited, may
constitutionally be ontployed to carry
it into effect. Let as recur, bowevor,
to the Tory wortls ol the opinion as de
livered by C. J. Marshall. "We think
the sound construction nf the Consti
tution must allow to the National Leg
islature that discretion, with rcspoet
to tbe moans, by which the poworsit con
fers are to bo carried into execntion,
which will enable that body to per
form the high duties assigned to it, in
the manner manner most beneficial to
tho people. Let tho end be legitimate,
let it be within tbe scope of the Con
stitution, and all means which aro ap
propriate, which aro plainly adapted
to that end, and which are not prohib
ited, but consist with the letter and
spirit of tho Constitution, are constitu
tional." I'. 421.
, This is oortainly a vary large char
ter Id the discretion of Congross, yet
as a rulo lor Judical cases, Jam will
ing to aoo.pt it. It ia apparent, how
ever, from tbo very terms Irf which
the principle ia enunciated, that this
disorution is not without limit.
It is not Congress which is to be the
final judge as to whother A measure ia
necessary and proper lor carrying into
effect any of the delegated powers.
Were tt ao, Ilia enumeration would
have beon a vain and delusive mnck-
IWLTi
CLEAHFIELD, PA.,
cry, and the fundamental piinciplo
that tbe Federal government is ono
moreiy ol limited authority, an tin
moaning formula of words.
I'ho limits plainly set in this Ian
guago are thoso : 1. The end must bo
legitimuv, ,ni witHI1 th0 o(.,he
Constitution 2. T)0 lncnng muBt bc
appropriate bk
adapted to the end:
3. Tho means ni
t not themselves bo
prohibited but cons.. wi(h oUcr
and spirit of tho Con8tt,jjon
tion upon tbe discretion of C1!,
more is however, am,, imlU.
rossin
the choice of necessary and
means. It is clearly slatod in Jlflii
lough vs. tltp Stato ot Maryland,
no., anj
indeed tho principle of it may bo con
sidured to have ruled that case.
ase. 1
quote again tho very words of tho
opinion :
"The power of creating a corpora
tion, though appertaining to sovereign
ty, is not like lho powers of making
war or levying taxes, or of regulating
commerce, a groat substantivo and in
dependent power, urWA cino be im
plied as incidental to other powers, or
used as a moans ot executing them.
(4 Wheat. 411.)
1 understand the Supremo Court in
this language to lay down tho simple
and reaonahlo I might, perhaps, say
the sell evident proposition, that no
one enumerated power can bo inciden
tal to another enumerated powor,
Three casos aro stated as examples of
substantive powors, but clearly only
as oxamplcs. We huvo no right to
say that any ono of tho express pow
ers is more substantive and independ
ent than another. Their very ex
pression authoritatively slumps their
character. If, therefore, a power is
delegated, but in terms which import
a limitation or qualification, it cannot
be exorcisod us incidental to some
other powor, disregarding tho limita
tion or qualification annexed to tho ex
press grant. Indeed, such limitation
or qualification may be considered as
prohibition against tho excrciso of that
powor in any othor way, and, thoro
lore, within tho limit which tho Su
preme Court places upon tho discre
tion ol Congress in the enunciation of
the general principle ; vix : that Con
gress cannot employ a measure, how-
ever necessary and proper it may be
for carrying into effect somo express
tower, it mat measuro nas ueon pro
i i hi tod .
I pass now to the consideration of
thoso grants, from which, by tho aid
ot the last paragraph ot the cnuincra
lion, it is contended that CongrcsB
bavo authority to issue what this act
calls "United slates ISoles and to
make thorn a legal tender in payment
oi ail ueuts, public and private,
1. "To regulato commerce with for
eign nations and among the soveral
Slates and with tho Indian tribes"
Art. 1 : sec. 8: liar. 3.
It must be admitted that standards
of value and of weights and measures
are means very appropriate and adapt
ed to tbo regulation of comnierco. lint
toon wo huvo in this onnmoiationa
clauso, which expressly grants and de
fines the authority to crcato such
standards. If it directs of what they
shall consist, Congress cannot mako
another kind as incidental to tho regu
lation oi Lommcrco,
With equal plausibility miuht it be
pretended that, for the regulation of
commerce, Oontrross could lav duties.
impost end excises, and pass bankrupt
laws, oucn measures might oo vory
appropriate and adapted to that end.
et surely it will not be maintained
that assuming those powors as inci
dental, Congress could disregard the
rulo of cuiformily, which limits and
nualifiosthe express delegation of them.
This qualification is, in fact, a prohibi
tion of duties, imports or oxcisos.
which shall not be uniform throuiflinnt
tho United States of any laws on tho
subject of bankruptcies which shall
not, in like manner, be uniform
throughout tho United States. (Art.
1, soc. H, par. 14.) J heso cases pro-
sont a ported illustration, of tho sound
ness ot tho limit to tho discretion of
Congress, prescribed by tho Supremo
Court, that a substantivo power shall
not bo exorcised as incidental. I do
not, howovcr, consider them as any
more peloct than tho vory coso beforo
ii the power to create a standard
of value and medium of exchange is
expressly dologatcd, but confined by
its terms, as we will presently sco that
is, to coins foreign or domestio--it is
prohibition ol any other kind of
money. Congress cannot under tho
protoxt of regulating commerco, in
IVingo the prohibition thus laid 'on
lliein.
1 1. "To borrow money on the credit
of tho United States." Art. , sec. 8,
par. 2.
n has beon argued that under this
clause Congress may Issuo thoso "Uni
ted states JMotos," hooauso they aro
only acknowledgments of debt in a ne
gotiable form, and in order to give
them groator credit make thorn a legal
tondcr. That there may bo constitu
tionally issued to tho public creditor
certificates of the amount due, trans
ferable by assignment or bonds or
ntcs payable to bearer, which can
pass from hand to hand by more do
livery 1 do not deny. Thoso aro all
socuritios, and Congress is vosted ex
pressly with power "to provido for the
punishment of counterfeiting tho se
curities and currant onin of tho United
States." Art. 1. see. 8, par. 6. This
languago is accurate. Securities ex vi
termini are something different from
monoy. This viow is strengthened
when we And the coin described in tho
same paragraph as current eoin.
These United Slates' notes are not
socuritios for money which may bo
issued under tho authority to borrow,
but they aro " bills of credit" thintrs
distinct and different from securities.
Thai there is such a distinction may
be clearly shown by the judgments of
tho highest tribunal, which gives the
law on tbeso subjects to all othor
Court. A coord in if to that tribunal.
bills of crodit are not certificates of
loan not treasury bonds or notes
not ac knowledgments of indebtedness,
all ot which are more securities, but
bills invosted with the functions of
monoy just suoh bills as. tho United
States notes issued in pursuance of tho
Act ol Congress in question. 1 n Craig
vs. the State of Missouri (4 Peters 431 j,
C. J. Msrshall, In delivering the opin
ion of the Court, says : "In its en
larged and perhaps literal senso tho
torm ' bill of credit' may comprehend
any Instrument, by which a Slate on
gages to pay money at a futtiro day ;
thus Including a cortifjcalo given for
money borrowed. Hut the language
of tho Constitution Itself, and the mis
chlof to bo prevented, which we know
from tbe history of our country, equally
limit tbe interpretation of the torm.
Tho word 'emit' is nover employed In
describing those contracts by which a
State binds itself to pay monoy at a
future day for service actually receiv
ed or for money borrowed for present
dso nor are instruments executed lor
suoh purpose in common langnuge I
WEDNESDAY, SElW
uenominatcd 'bills ol CWJit.' Tjj emj(
" .,o u. ureuii convent u the mind the
idea of Issuing paper iitndcj t cir,v
late through the comrnvnit) for Us ordi
nary purposes as money, rliieh paper is
redeemable at a futnroday. '1'hia is
7 un" " wnicn to tflrma naT0
always been understooi" The defini
tion Lore given was siiscquently r
considcrod and sustnind in Uriseoo vs.
Tho Hank 0f Kontut ky(2 Peters 257).
According to this elctr and authori
tative exposition, wHal distinguishes
bills of credit from lth aoenritina as
aro intact to tbe pub'fo creditor is that
:,.,j a ;. i - r-
Tl" . ' nnd V" 'attor ar0 not
- ; 'Tr, 'lal ? money. Ihcso
Unix,, , '""p, a nut no
of tli8'l?mu'lf "f doit nor " socuritics
credit " -M'toUitoa,'' but "bills ot
Indoed, thisH'JX words " monoy."
ary 25, 18G2, intJ-PongroBs of Febru
on that point, for it fljuavo no doubt
that they shall be " I!ly declares
In conformity, thon, to trk money."
as settled by tho Supreme 'Jciplo,
McCullough vs. thoStatoof JlttlTt in
wo must turn to the monoy clause"
That body cannot, as incidental
lo tho
power to borrow, creato any kind ol
money, which will not stand tbo test
of the oxprcss power, which is granted
on that subjoct.
If any doubt remains as to whether
tho right to emit bills of credit to
mako paper money can bo cxercisod
as incidental to the borrowing powor,
it ought, as it appears to mo, to
bo entirely dissipated by tho proceed
ings of tho Federal Convention when
this clause was before them. I freely
admit that tho opinions expressed in
that body arc not conclusive upon tho
interpretation ot tho Constitution.
That instrument is to be construed
liko all othors by its lour corners.
Hut surely C. J. Marshall relied " on
the history of our country " in limiting
mo meaning 01 tho words " bills ol
credit," wo may resort for light to tho
opinions and votes of tho mon who
Iramod lho Constitution, in deciding
whother in tho words " to borrow
money" was intended to be included
" to emit bills of credit," for that is tho
prcciso question wo have hero to con
sider.
Hy the ninth of tho old articles of
confederation, sec. 5, it was declared
that " the Unitod States in Congresi
assembled, shall have authority to bor
row money or emit bills on tue credit
of tho Unitod States." In tho plan of
tho Constitution, as reported to tho
convention oy thecommitteoon detail,
of which Mr. Rutledgo was Chairmun,
this clauso was copied : " To borrow
money and omit bills on tbo credit of
tho I nilcd States." On tho 17th of
August, 1787, in Convention, Mr.Gouv
crnear Morris, of Pennsylvania, moved
to striko out tho words " and emit bills."
There was a dobate on this motion,
which is reported by Mr. Madison.
It was argued by somo, and Mr. Madi
son himself among the number, that
lho words bad bottor remain with a
provision prohibiting them from being
made a legal tendor. Mr. James il
son, of Pennsylvania, afterwards one
of the Justices of tho Supremo Court
of tho United States appointed hy
President Washington, contended that
it would have a most salutary influonco
on tho crodit of tho Unitod States " to
remove tho possibility of paper money."
Othor members who spoke, concurrod
with him in this view. The motion
was carried, and the words stricken
out by a voto of mno States to two.
Mr. Madison has added in a foot note,
that the voto by Virginia in tho affirma
tive was occasioned by his acquiesenco,
because ho becamo satisfied that strik
ing out the words would nol disable
tbo Government from tho use of publio
notes, as fur aa thoy could be sale and
proper, and would only cut offite nre-
text for a paper currency, and particu
larly for making the bills a tender either
for public or private drbtt. (b Elliott's
Debates 434 435). I do not know how
thoso proceedings may striko other
minds, but they bavo convinced me
that the Federal Convention under
stood by " bills of crodit," not securi
ties certificates of loan or indebted
ness Treasury notes or Exchequer
bills but lust whalCbiel Justico Mar-
shall afterwards defined them to be,
" paper monoy," and meant to deny to
Congress the powor to mako such
money.
Luther Martin, in his address to tho
Maryland Lcgislatnro in justification
of his courso in retiring from the Fed
eral Convention, has also given a brief
sketch of this interesting dubate, which
corresponds in tho main with that ol
Mr. Madison. Ho declares in tho
most emphatio manner that " a majori
ty of tho Convention being willing to
risk any political evil rather than admit
tho idea of a paper emission in any possi
ble case, refused to trust this authority
to the (ioverninont." (Seorot Proceed
ings of tho Federal Convention, p. 57.)
He afterwards informs tho Legislature,
as indicative of tbo temper of tho body,
Irom which ho bad withdrawn, that as
the Constitution " was repotted by the
committee of detail, tho Stales were
only prohibited from emitting them
(bills ol credit) tcithout the conset of Ion-
gress ; but tho Convention woro bo
smitton icith the paper money dread, that
they Insisted thut tho prohibition
Bhould bo absolute." " It was my
opinion, sir," ho proceeds to say, "that
tho Slates ought nol lo Do totally de
prived of tho right to emit bills of crodit,
and that as we had not given an
authority to the general (iovernment
for that purpose, it was the more nec
essary to return it in tho States."
The members ot tne Federal Conven
tion truly represented the viows anil
feelings of tho people of the States, by
whom they had beon chosen. No ono
acquainted with the history of tho
Revolution can bo surprised al lho ex
treme jealousy entertained ot investing
cithor lho Federal or Stato (iovoni
monts, or even belli, by joint action
th any discretion on this subject, it
is plain that the mon who framed the
Constitution tho mon who ratified it
in tho Stuto Conventions tho groat
massof their constituents meant noth
ing loss than to excludo, forovor, in any
possible case (Mr. Martin) the possi
bility of paper money (Mr. Wilson).
Tho publio faith again and again sol
emnly pledged tor tho redemption of
the Continental bills of credit had boon
shametully violated. Tbo tondorlaws
of tho Slates, enacted at the urgont
solicitation of Congress for tho purposo
of sustaining their credit, had utterly
failed. Tho amount of privato wrong
thereby inflicted on iuiliviiliils ami
families was incalculable. Congress,
in k circular address in 17711. after
promising solemnly that the amount
of the bills should on no account ex
ceed 1200,000,000, indignantly repelled
tho idea that more could be any viola
tion of the publio faith, or that there
did nol exist ample funds to redoom
them. The emission, bowovor. vory
soon alter swollen to :mi,000,0U0, and
having ceased tocircnlato, quietly died
a8CortainwhothorCongrci)shadauthoJ.Bo tl thy woro, they still lurked
ity to mako them "lawful monoy."Kt'10 "istrumont as incidental to Borne
REPUBLICAN.
o "'0 Ii,,.i .
ing was lo. '. J 224i v
ntid ni. thn '.flo .. '"0 ""a
flB east- . ""ncioi
destructive as that ot n ,i .r . t,,ro.
I tin
pur inuiiey. n no, ' said
per inuney. vt no." sit ,t " and
-'.MUJIISI. .
of thn liAvninti. '.. r, ""to r,.
t .. ":ii """'J. VougrcBS
bato, " will consent to load his constitu
- Yvitti taxes, when we can Bond
to our printer and got a wagon-load ot
.onr, and pay for tho whole with a
U!ory of
Mr Road n- i. P' 1JJ- " 8a,d
stamp tho' Co,Z0an P0 wu d
mark of the bcast"!.,0" w ' tb;
and Mr. Langdon, of fci10"0". i"
onlyoxprcKsedthofeclings'JamP8h'.ro.
country when ho declared t, :
would rttthor reject lho whofi' n0
than rotuin tho threo words "and cf.n
bills." It requires but a slight knowl
edge of the times to concludo that ii
these three words hud been retained,
or had it been imagined that, though
stricken out, as by comparing the new
with tho old system everybody could
wof power, me reuerut t,ouHitmiiuii
xr 1
ninonever have boon ratitlod oy
publicutYf' 'n '10 discussions and
imi!!ii,!..uiV which followed on the
ceeding m voC tho plan, beforo pro
vontions, us well Ll in lhc Suto Con
thoso bodies so fur tu0 debates ot
preserved and handed" V lmvo uocn
t.hmiirh everv hole nnti cnrnU to US,
instrument was ransacked to hC,1''0
iections, 1 am nol awaro thut it w.
ever suggested that it might possibly
contain so odious and unpopular a
power. The voice of tho instrument
ilscll appeared sufficiently marked and
unmistuknble.
III. I come now to consider the re
maining clauso, which has boon relied
on as the source ot authority lo pass
tho act in question. "To coin money.
rcguluto the value thereof and of for
eign coin and fix thestundurd of weights
and measures. (Alt. 1, sec, 8 paro.)
It isovitlont not merely from tho words,
but from their juxtaposition with the
clauso lor fixing a standard of weights
and measures, that tho Constitution
intends that lho money of the United
States shull bo not merely a-medium of:
exchange but a standard of value. I 111
formity and stability were the ends in
viow, and for this reason those powers
woro vested exclusively in tho l cderal
Government. Here and here alono,
nnd not as a mere incident to some
thing else, aro we to look for whatever
uuthority Congress possesses over tho
subject of money. Tlieso words scorn
to me to sanction only coins or metal
lic money. In the Federalist, No. 42,
this is tukon for granted. "All that
need bo remarked on tho powor to coin
money, rcguluto the value thoreof and
ol foreign coin is, that by providing for
this last caso, tho Constitution has sup
plied a material omission in the arti
cles of confederation. Tho authority
ot tho existing Congress is restrained
to the regulation of coin rucA' by their
own authority or that ol tho respective
States. It must bc seen al once that
the proposed uniformity in the value of
the current com might Do dostroyod by
subjecting that of foreign coin to tho
different regulations of tbe different
States." Judgo Story thought so, for
he says : "Tho power to coin money is
ono of tho ordinary prerogatives of sov
ereignty, and is almost universally ex
orcised in order to prcsorvo a proper
circulation ol good coin of a known value
in lho homo market." (3. Story on
the Const 17). Hut the Supremo Court
of tho United States have not loft this
to inlcrenco, but havo distinctly declar
ed tho samo opinion in the United
States in Marigold (!) Howard, BOO) in
which an act of Congress punishing
tho offence of importing spurious coin
was held to be constitutional on tbo
ground that tho provisions ot tho act
appertained, to uso tho vory words of
the opinion, "to execution ot an impor
tant trust invested hy the Constitution,
and to tho obligation to fulfill that
trust on tho part of tbo Government,
namely, tho trust and the duty of crea
ting and maintainingauflitirmrtnd pure
metallic standard of value throughout
tho Union. Thepoworofcoiningmoney
nrl nf rfrrnlntinn- il ralitrt we iln.
gated to Congress by tho Constitution
for tho very purpose, as assigned hy
the liamcrs ol that Instrument, ot crra
ting and preserving uniformity and
purity ot such standard of value.
The word coin is ono of woll sotlled
moaning. The primary sense of the
noun, according to Dr. Webster, is "tho
dyo used for slumping money," and
undisputed signification of tho tvrii, ac
cording to niosL, it not all tho lexico
graphers, is "to stamp metal and con
vert it into coin." In Wharfon'sLaw
Lexicon (ad verlmm) it is said : "Strict
ly speaking, coin differs from money
as tho species differs from the genus.
Money is any muttor, whether metal,
paper, beads, shells, Ac, which has
currency as a medium in commerce.
Coin is a particular species always made
of metal and struck according to a certain
process called coining." ll was urged
nt tho bar 1 do not know whother
seriously or not that printing is stamp
ing, and theso notes might therefore
literally bo snld to bo coined. No such
uso of the word in any author hits been
shown. Wo may suy figuratively to
coin a story meaning to invent one, but
nover to coin the book in which it is
printed. Tho story is a fiction tho
coinngo of tho brain tho book, a re
ality. Surely, however no one will
contend in earnest that if a sufficient
numbor of clerks had beon employed,
and theso notes had all been written
with lho hand, they would bavo beon
unconstitutional, but that printingthem
makes thorn valid. To stato lho caso
thus is to reduce tho argument to an
ahsnrdity. 1
It may seem liko laboring unneces
sarily a vory plain proposition, but I
will hasnrd somo further illustrations.
Tho notes in question draw a plain
distinction on their fuce botweon them
selves and coins. They promiso to pay
dollars. What is a dollar t To a si m
tlar question what is a pound 1 Sir
Robert Pool answered ' "A pound is a
definite quantity of gold with a mark
upon it to deturmino its weight and
fineness." Many pages' have been
written to controvert this definition
and to prove that a pound is a mors
abstraction something liko a mathe
matical point without length, breadth,
or thickness. Hut common senso, 1
think, vindicates Sir Robert Pool. A
standard measuro must bo somo actual
length or capacity a standard weight
somo actual weight. How else can
other weights and measures be com
pared with it ? This is lho object ol a
standard. So a standard of valuo must
be actual value. I would say, draw
ing lho definition from the statu to
book 1 know not whoro else to look
for it a dollar Is a silvor coin, weigh
ing four hundred and twelve and one
half grains, or a gold coin, weighing
twenty. flvo and tour-filths grain, ot
ninelcnths puro to nno-tenth alloy of
"'01IIBO..1
i.. . 1 Iiosb note, it
"VI.IOO,.. ,,
Perfir.,(n T.""-n promise
- -- i.uiun men
As u, .."-.say mat
flin. j .""J IUOI, mow am
...I "'J' UO h . ..
I'" en ai,- " sam.e ma nmm
hl In ,i'.-5 Payahu f "ration
aro coins or dollars"'00'', (3. U 2 p I
.topayondoman,.. iC..
nav .Lf HZfcX oUM,'7:roi" "pon " ""
pay may roprosont
oif 'ia c W)w", . UB cnsidciM .. , wwu- , out seen with .thi. olr
rtV most teied and hani'led wim ?H
tttrreneii . t L.r. of maliv Tnuufco
- -; tBr -.-.. .,,!
wnicn me useol an expuiimvo
ard mav h . ,i hv the substitution,
ae a medium f exchange, of publio or
private crcj, n is eule ana oouyeu
ient bb woll i- economical, ns long as
btUuly represent standard, uy
Hut frrvnediatcry oonve. .M j nt0 coju.
IU vnluo oTP hasiuB EVJ"'
commodities depswL ' woti ution the
confidence ot lho comtu.ity in tho
ability and intention ot issuer to re
deem it as upon tbo amount issued.
Coin, on tho other hand, possesses pre
sent, actual, intrinsic value. If you ob
literate from the pound weiijld the public
mark, which attests its conformity to Vie
itlandtird, it still ireiihs tie same as be
fore. .So you may erase the ma'frfiom
the. coin, vet its value remains. Blot out.
however, the superscription from these
pieces of paper and nothing renn:s
they are worthless. The stump on the
coin is really nothing but a certificate
pf the woightand fineness of thatptcco
jnulal. Uovernmont guarantees
but tiiis makes no contract
m.J f r orn, wool, or leather in ex
change for ' .rh ' , wor ot rL.gUa.
ting its valuo ,mL cxlcn(J t06
c aring mat in law, cortairt number
of one ooin shut! be deum the equiva
lent of another ol a dillirent denomi
nation. In tho murkt unequal val
ucs cannot bo mudo equal ly luw. Con
gress has no power to enact bow many
bushels of wheat an caglo shall ex
change for, and if thoy had and should
make the exporimont, tho act, like all
altomps by government to chango tho
laws of valuo, which aro natural laws,
would be futile,
Tho legislation of Congress upon this
subject recognizos tho 'difference bo-
twuen these I nited States notes and
coin, and that they aro not of equal
valuo.
Tho act beforo us (Feb 25, 1802), ro
quires duties on imports, and tbo in
terest of tho public debt to bo paid in
coin ; and provides that tho notes "shall
bo received (te same as coin at their par
value, in payment for any loans that
may hereafter bo sold or negotiatod by
tho Secretary of tho Treasury." So by
the act of March 17, 1862, the Secreta
ry of tho Treasury is authorised to pur
chase coin with them at such rates and
upon such terms as he may deem most
ailvantugcous to tbe publio intorest
And tho act ot March 3, 18(13, prohi
bits tho loan of currency or monoy on
tho soenrity ol gold or silver coins, ox-
cocding in amount the par value of lte
com pledged or deposited as security.
Uy tho first of these acts, coin is treat
ed as tho standard ; by tbe last, paper.
Tho ono speaks of tho wit value of tht
notes, the other of the par value of the
coins.
If tho word coin has any more gen
eral or figurative senso in tho phrase,
to coin money than that I havo assign
ed to it, it must be held to have the
samo in other parts of the article In
foreign coin will be included foreign
paper monoy, and Congress may regu
lato its valuo and make it a legal ten
der. Thoy may thus treat notes Of tho
Bank of England and France, Austrian
and Russian government money but
not State uaulc note Congress Has
no power of regulating the valuo of
any money except foreign coins and
money coined by its own authority.
II to coin money mean to stump paper,
then the clause which forbids the Statics'
to omit bills of 'credit" was unneces
sary: tbo prohibition "to coin mon
oy" included it. Tbo terms of that
very prohibition show that in themindB
of the makers ot tbo Constitution "to
coin money" and "to emit bills ot orod-
it" wore two entirely distinct and difl'cr-
Uht IhingB. Ill abort, in whalOVUt
point ut view it ip n-urueu, jt peeiun tu
mo that the position thai this clause
authorizes or permits any other but
metallic money is untenable.
The restrictions on tbo States lllus-
trale and confirm the, opinion which I
havo expressed npon lho proper con
strticlion of lho paragraph beforo us.
"No Slnto shull coin money, emit bills
ot credit, mako anything but gold and
silver coin oTtcnder in payment of
debts; pass any law Impairing tho ob
ligation Of contracts.'1 Art. I, rteo. 10.
Tho whole power over 0011 tracts resid
ed in lho State bolore the ratification of
the Federal Constitution.. Thissootion
admits it and leaves it there, subject
only to two restrictions both having
the same end in view th Inviolability
of contracts. Inasmuch us lho States
cannot coin, and tho federal govern
ment ulono can, and inasmuch as tho
Slates cannot mako anything but gold
ond silver a tender In payment ol debts,
it follows that gold or silver ooins, lor
oign or domestio, as regulated by Con
gress, constitute the only lawful money.
This was evidently Mr. Webster's opin
ion in thut able speech on tho Specie
Circular, which was cited at the bar,
and in which be declared "that gold
and silver, at rates fixed by Congress,
constitute the legal standard of valuo
in this country, and that neither Con
gress nor any Stnlo has 'authority to
establish any other standard or to die
place this." And elill more emphati
cally : "Most unquestionably there is
and thoro can be no legal tender in
this country under Ibe authority of this
government, or any other, but gold and
silver. This is a Constitutional princi
ple, perfectly plain and of the very highest
importance. The Htalos are expressly
prohibited from making any thing but
gold and silver a tender in payment ol
debts, and although no such express
prohibition is applied lo Congress yet
as Congress has no powor grunted to
It, but to coin money and to regulate
tbe value thereof, it clearly hat no pow
er to substitute paper M any thing else for
coin as a tender. Tho Constitutional
tender is tho thing to bo prosorvod and
it ought to bo prcsrvorsed sanctity un
der all circumstance." (4 Webster's
works, 271, 280). I must confess that
upon a question of this magnitude
amid tbo conflict of opinion by which 1
am surrounded my mind has rested
with confidence and satisfaction upon
this clear and docidod conclusion of a
great intellect Mr.-Wotfstcr'B fame
rests mainly on his eminence as a Con
stitutional lawyer. . Tho Constitution
bad been (he study of his lilo lb sub
ject of most of his professional and po
litical efforts. Ho belonged to no school
of strict (!onelriirtlort,! but on all wci
slons wan found earnestly onntmding
fur the broadest charter to the Fatler
al Government.. 1 The opinion ho ex
pressed In his seat in the Sonatoof the
S-$2peraJmnQiiiAdmoei
NEW SERIES-V0L. 19, N0. 35.
Unitod Rioi.
bidolicial oath ...V!? not'.oo of
With t. .., . .
'.""jw." V I regard those olut
0 rory I 1011 "PO" the vention-who .J? J?""-"! Con.
PnidJ "d l" "of Convon,: f!"0!1 " th. State
no icnav 'oi.a - -iiua nnrt rri,AH l to it. in
sti utionarprdATl,r" "gth the
,. n lr the . fonnda.i."
j I . knt iNimlliewnre .nnt
auu vioiutiev, uu."'u . ,.... -
itself, except in th. form of ope "d
eciual taxation. -
. . . . 1 .1.. n. .,nnn na
.11 has been strongly uig u..
tuV . . h.. thn newer of debas-
,nBur .liner in weiirb
eithnrin wciuht or ftno-
neitB, wiw.". . . .1.2 jmi.
. chnntrinB tho dcnomina-
Hon
2 ..TiTi .Yw. What it has boon
usKcais tue u,r. botwocn that
and nutuine paper IUl u
Zuldbo.'v-t
umi paper emuum ? .. ,. j
predated below tho valuo Kr jn , ,
answer, mat oocauso vungii.
poeeiuiy accumpnsu at
Constitutional means, it docs not tJ.
h. that the samo object can bo altoinod
ny means which aro not Constitutional.
Though, by the process ol debasing tho
metallic standard Congress may, per
haps reduce all debts publio and pri
vato, filly per eout., it doos not follow
that they can enact directly that tho
man who owes ono hundred dollars to
another shall bo nuit npon tho tendor
of City. Wo apply no such principle
to other cases, uecauso tinner a pow
er a man may dispose of an ostate by
will, wo do not hold that ho can do tho
saino in any other way than that di
rected or prescribed.
Rut considering tt merely as an ar
gument of tbo intention of tbe frumcrs
ot tho Constitution, it appoars to mo
equally inconclusive. Thoro are very
important differences between debasing
me 1-0111 aim issuing paper money,
though their practical results may in
somo respects be similar. It may well
havo boon intended to leave to Con
gress discretion as to the ono, but to
deny to oitber branch of tho govern
ment, Stato or Federal, any discretion
as to tho othor.
I. The debasing ot the coin as a ft
nanciul measuro tor tbo purpose of dis
charging lho Publio Debt would bo an
open, gross and palpublo broach of
luilli, scarcely possible in the present
ago ot tho world. Changos, however,
for tho mere purpose of regulating the
value of the currency, may be occasion
ally necessary. "Arbitrary Govern
ments," says Albert Gallatin, "have at
various times, in order to defraud their
creditors, debased the coin, whilst they
preserved its denomination, a"nd thus
subverted tho standard of value, by
which the payment of public and pri
vate debts and the performance of con
tracts ought to have been regulated.
This flagrant mode of violating publio
faith has boon long prescribed by pub
lio opinion. Governments havo, in
modern times, substituted for the samo
purpose, issues of paper money gradu
ally increasing in amount and decreas
ing in valuo. It was to guard against
those evils, that tbo provisions in tbe
Constitution on that subject woro in
troduced.". (Considerations op tbo
Curroncy, p. 72.)
It is true that tho coin has been do
buscd in our own timoe and country,
but nover with a viow to defraud either
publio or private creditors. When t he
coinage of the United Stales woro first
regulated in 1792, a doublo standard,
both of gold and silvor, was adopted,
and the proportion of those two metals
fixed at ono to nilocn, which was then
ariout their true relation in tho market.
Hut though the relation botwoen gold
and silver is oortainly more steady
than that between any two othor com
modities, at least within short periods
of time, yet It is not immutable. Ac
cordingly, about tho year. 1821, a
change wasobsorvod to havo occurred.
An ounce of gold, instead of being
worth only fifteen ounces of silver, was
really oxchangablo for about sixteen
ounces. Of course no ono would pay
a debt with sixtoen ounces of silvor,
when he oould do so with fiticn. Tho
consequence woe that tho gold coins
uisnppcareu entirely irom circuiuuon,
in obedionce to the invariable law that
tho metal legally undervalued is always
expelled. Silver became practically
tho only standard.- The act of June
25, 183-1, commonly culled the Gold
Hill, undertook to restore the truo ro
lotion. To do this, cither the gold coin
must bodcba60d or tho silver enhanced
Tho latter courso worild havo been
fraught with more injustice and mis
chief than the former. Though tho
true policy may havo been to let things
alone, or to havo cstahlised as the only
legal, what hud practically bocomctho
actual standard, yet many pure and
eminent statesmen wcro then and still
aro wedded to a different policy. Sub
sequently, by tho act of Jan. 18. 1837,
the weight and standard ot the coin ol
both metals wcro slightly changod with
no design but to matntan if possihlo a
currency of both gold and silvor. Sil
ver, bowovor, being now undervalued
was banished from circulation as gold
had been beforo. Hy tho act of Feb.
21, 1853, a much more considerable re
duction was mudo in weight of silver
coins, less than the dollar, bat evident
ly only tor tho purposo of supplying a
subsidiary currency, lor small pay
ments; for by tho same act it was pro
vided that tho silver coins issued in con
formity thereto should bo legal tenders
In payment of debts for all aums not
exooeding five dollars. 1 havo no doubt
all this tampering with coin was tin
wiso and unjust. Whatever may be
tho advantages of double standard they
aro too dearly purchased hy the fre
quently reonrring noeciejity for theso
changes. Hut 1 do not aeo, that thore
was, in at.y ol .theso instances, a crimi
nal breach of publio faith or an inten
tion to intorlero with privato contracts.
In INtI, tho public dobt bad boon thon
recently liquidated in full, and at tbe
poriod of none of these measures was
anything to bo gained by the govern
ment from thorn, but rather the re
verse. IL Thore is another important dif
ference between tho two measures of
debating tho coin and of issuing paper
money. W hen An act is passed debas
ing the eoin, all the mischief is done.
On the day following, the price of al)
markots adjust tbemselvos to tho now
standard. Commodities, real or per
sonal, lands or chattels, are of exactly
the lime exchanirable valuo as before :
tho only dlfToTPTtee bWngthut their val-
tie fa expressed in different figures. An
ouno of gold will still buy the same
number of hushols of wheat, whether
it ii coined into twonly pieces called
dollars, or forty pioces. 1 ruo debtors
of Justico, aliko the daily oat. wigs 01 1 Ju na aggravated form .V. ,1"
tho poor and tbe accumulated avings gross ot n - . .J" the pa.
of tie rich man. not only fm fraud notes issued r0""1, ".i
"--SBB5!?''nBBBaB
aro richer attl,. . ...
itora. But. that . lueir
or, capitalist or 'uES "tie
ly where bo standi Ii'."OW' .t.
per monoy. A. , J, " Wlll P
tracts tho same ,n, "Z ?on
tico is done, if .1.. "en Worse Injua.
than when the ZT' Piatea,
equalify U . All
Py. at ono discunt,'to ZrrL?
cvirtexi ainnii... 5.. "."T0 oo r.
money varies like the morcorV fVPh
barometer, actod on bv HuT7 n t,he
oumbont c .l,J .J": lhe ?uP"rii-
fro by the tides Tof the atmn.'0 and
now high, now lowJ,LTPh,en
.r-'-.,siH tl... -uea,Boir
d. the vnlii.
price of
lironnrttj . .1 .1
hie labor.'whit ,"'"1 'no tMl
hie la
tof tl
bor, what bo can pro-
If) IIAliMB.m: a 1
Thi.w.. I'r"."'."'ro'ndaytodav
HtiAl...... n . lu'
com-
inn J.1 ,u? ? of the Rev.
not Sorely heard with .k;:."
sa TA'iZTS
. ?me hislorv Z?'?u.l 1
pockeU.
unconstiieuotm.. nnneca(i((ary tht i
, '...... ,h other ouestion,
i
ahnl II fTMIiaiUt rm
h.n made as to tbe enoci
which bus boon maue a ,
ot the special agreement to pay in .aw
ful silver money of the Vm od State.
1 am in lavor ot entering iuuK......
tho plaintiff but as a majority of tbo
Court are 01 a ainonjui j- D
mcnt for the defendant.
SCIENTIFIC.
l'RirlCATION OF IU.UIIINATIMU OAS.
. ...ii,n,i ,n iammon ubo tor BCP-
tratinhfrom pM foreign suspend
ed mattci , founded on the principle
ol tomporatu.. on contact with water
cooled surfaces, witb water itsolf.
Hut the liquid globus held in suspen
sion in tbo gas may b condensed by
causing a jet of gas to impinge upon
any resisting surface, a leaf of paper,
or a plate of metal, and an apparatus
for purifying gas according to tbi
method has been constructed by
Messrs. Pelouxe 4 Andouin. The con
denser of this apparatus consists main
ly of an outer casing witb a gas inlet
at tho lower part, and an outlot at the
upper. Suspended within tbe casing
is an annular water lank, In which is
balanced a minuture gas bolder or bell
formed with four circumference plates,
two of which are perforated in row
with small holos and two witb largo
boles, tbo latter being opposite tho
blank spaces between tho rows of the
tormer. 1 he gas from the inlet passes
through the central space within tho
annular tank, and through the perfor
ated plates ot the bell , tho tar, etc.,
which condenso on tho non perforated
portions of the surface trickle down
the platos into tho water tank. It bos
boon found that if tho perforated bell
has a capacity of 35,317 cubio feet, it
will suflico for works producing 3,531,
700 cubio foot per twenty-four hours,
or in tho proportion of 1 to 100,000.
Popular Science Monthly.
THE TURKISH BATH.
Dr. Fleming, of Glasgow, has pre
sented to the Hritish Medical Associa
tion an account of some experiments by
tbe author himself, with a view to as
certain the effect of the Turkish batb,
at tbe temperaturo of from 130 de
gree to 170 degrees Fahrenheit, npon
the weight, temperature, pulso, respi
ration and secretions. The results
showed that tbe immersion of the body
in hot, dry air produced loss of weight
to an extent considerably greater than
normal, amounting, on the average, to
the rate of about forty ounces an hour.
Tbi was accompanied by an increaso
in tbe temperature of the body and a
rise in tbe pulso rate, with at first a
fall and then a rise in the rapidity of
respiration. The amount of solids se
creted hy the kidneys was Increased,
and, coincident!', the amount of urea.
Tbe sweal contained a quantity of solid
matter in solution, and, among othor
things, a considerable amount of urea.
Tbo most important effect of tbe bath,
however, was ' lhe stimulation of
tho emunctory action of tho akin.
Uy this means tho tissues could,
as it wero, bo washed by passing wa
ter through them from within out
Tbo increased temperature and pulse
rate pointed to the necessity of caution
in the use of tho bath when the circu
latory systora was diseased. Scientific
A mcrican.
STUDIES OP EMBRYO LIFE.
On opening the shell of a hen' egg
in the third day of incubation Harvoy
noticed tho heartbeats of the embryo,
which, bowovor, soon ceased. He then
placed the egg in warm water, and tho
heart commenced to beat again. Tbe
same exporimcnt, but with important
modification, bus been repeated by M.
Dares to, who for somo year past has
devoted himself with great assiduity
to lho study of embryo lifo. He took
from under a hen an egg on which she
had sat for lltreo days, and lot it ro
main in the ordinary temperaturo for
two or threo days. He then again
placed it under conditions favorable
to incubation, and in due timo a chick
was hatched out, just as if thero had
occurred nothing unusual in the moan
timo. The result of this ingenious ex
periment, as M. Stanislas Mounior ob
serve In La Nature, ia to how that
life may be suspended for a considera
ble length of timo in warm blooded an
imals wilhout fatal effects, precisely as
in animals of a very low grade, such
as Kotifera. Popular Science Monthly.
SOLID SULPHURIC ACID.
Stark's extensive sulphuric acid
work in Ilohomia, which produce tbo
NordbatiBon sulphur.10 acid on a very
largo scalo from aluminous slate, have
lately put the pure anhydrous acid on
the market. It is put up in tightly
soldered tin (tinned iron) boxoa, which
were found to answor bost, because at
ordinary temperatures sulphuric anhy
drido is without action npon metals,
and particularly npon tin. This form
of acid is vory useful, and its transpor
tation by lar less risky than when
shipped in a liquid torm. Tbo con
stantly growing production of artificial
nlir-arme has been chiefly the cause of
this innovation, it being woll known
not only that large quantities of fum
ing sulphuric acid are required for it
nrcnarution. but also that the viold
and quality of the product depend up.
on the degree of concentration of the
oxidising agonlo. Journal of Chemistry.
At an evening party a lady was call
ed upon for a song, and began, "I'll
strike again my tuneful lyre." Her
husband was observed to dodge sud
denly and Mart hurriedly from the
room, remarking, "Not if I know it,
sho won't She belts blue blase out
of mo at homo, ant I stand it like a
man, but when she threatens to hit me
in a strange house, and call m a liar
before a whole crowd, I'll ran as long
as I have a spark of manhood left"
" Jane," cried a fond mother, stick
ing her head out of the bed-room door,
'( it is 11 0 clock I Tell the young man
to shut the door from the outside."
readinir
be lawiui money --. - -o