the gantnotee ,. futelthlturtr, PUBLISHED SDIERY'WIDDSTBSDAY SIT i 'H. IS. ISN'T n` H. G. r SMITH. A:. STEINMA* TEEMS—Two Dollars per. ,annum, payable all oases in advarde. OPF,IOEr-amTERWEBT CORNER ,07 GENTILE SlatrAnz. , • .WMl' lettori on business should be ad reseed to S. G; Burrn & Co. . Xitticum. In a liowt. Looks ominous, don't it, to see nearly every gate:poSt and dike-bridge made of old ships' timber? Easy enough to tell that, troth its bend and the tree nail holes. Ours is a bad coast, you see —not rocky, but with long, sloping sands; and when the sea's high, and there!s a gale on shore, a vessel strikes, and there she lies, with the waves lift ing her bodily, and then letting her fall again upon the sands, shaking her all to pieces ; first the seams go, then a seam opens somewhere in her sides, and as every wave lifts her and lets her down, she shivers and loosens, till she as good as falls to pieces, and lle shore gets strewn with old wreck. Good wrecks used to be little for tunes to the folk along shore, but that's all altered now ; the coast guard look out to 4 sharp. Things are wonderfully changed to what they were when I was a boy. Fine bit of smuggling going on In those days; hardly a farmer along' the coast but bad a linger in it, and ran cargoes right up to the little towns in land. The coast was not so well watched, and people were bribed easier I suppose; but, at all events, that sort of thing has almost died out now. Never had a brush with the coast guard or the cutter In my tithe, for we were all on the cut-and-run system ; but I had a narrow escape for my life once, when a boat's crew came down upon us, and I'll tell you how it was. We were a strong party of us down on the shore oft' our point here at Mer thorpe busy its could be; night calm -and still and dark, and one of those fu-4-salling French houts—chwm-ma- IWO they cull them—landing a cargo. Carts and pack•horses and bouts were all ut it; awl the kegs of brandy and bal:lVls of tobacco, and parcels of lace were coming ashore in Ilne style; 1 and another in a little bout kept making trips backwards and forwards between the shore and the chconG-niarmr, land ing brandy•tubs—nice little kegs, you know, with a V. C., Vim ux Cognac, branded on each. I don't know how many Journeys hail made, when all at once there was all alarm given, and, as It were right out of the darkness, l could see a man of-war's boat coming right down upon us, while, before I quite got over the first fright, there was another In sight. Snell a scrim niage—much a scam per I limits scattering lu every direction, the French bold getting up a Hail or two, and all confindwi ; whip clucking, wheels ploughing through the soft sand and horses galloping off to get to the other side of tilt, sand-bank. We were close aside the long, low oltwmoquareG, In our bit of a Filth!' tiling, when the alarm was given, and pushed oil' hard l'or the shore, which was about two hundred yards distant, while oil all sides there were other boats melting us the example, or following In our wake; In front of us there was a heavy cart, backed as far out into the sea as she would stand, with the horses turned restive and jibbing, for there was a heavy load behind them, and the more the driver lashed them, the more the brutes, backed out into the shallow water, while every moment the wheels kept sinking further into the sand. I saw all this as the revenue cutter's boats separated, one making for the chassc-marce and the other dashing after: the flying long-shore squadron; and us 1 dragged at my our, I had tile pleasure of seeing that we must either he soon overhauled or else leap out into the shallow water and run for it, and 1 said so to my companion. "O, hang it, 110" he cried; "pull on. They'll stave in the boat, and we shall lose all the brandy." I did pull on, for I was so far from being loyal, that I was ready to run any risk sooner than lose the little cargo we had of a dozen brandy-kegs, and about tile same number of packages; but there seemed not the slightest prospect of get ting off unless we happened to be un observed in the darkness. However, I pulled on, and keeping off to the right, we had the satisfaction of seeing the revenue boat row straight ou, as if not noticing us. " Keep off a little now," I whispered, • " or we shall be ashore." " No, no,—it's all right," was the re ply ; " we are just over the swatch ;" which is the local term given to the long channels washed out in the sand by the tide, here and there forming deep trenches along the coast, very danger ous for bathers. "By jingo, they BCC us!" I whisper ed '• when my companion backed water, and the consequence was, that the boat's head turned right in-shore, and we floated between the piles, andwere next moment, with shipped oars, out of sight in the outlet of the gowt. Now, I am not prepared to give the derivation of the word "gowt," but I can describe what it is—uamely, the termination, at the seashore, of the long Lincolnshire land-drains, in the shape of a lock with gates, which are opened at certain times, to allow tile drainage to flow under the sand into the sea, but carefully closed wlinen the tide is up, to prevent flooding of the marsh-lauds, protected by the high sea-bank, which runs along the coast, and acts the part of ctn. From these lock-gates, a square woodwork tunnel Is formed by means of piles driven into the shore, and crossed with stout planks; and this covered water-way in some cases runs for perhaps two hundred yards right beneath the sand-bauk, then beneath tile saud, and has its out let some distance down the shore ; while, to prevent the air blowing the tunnel up when the sea comes in, a couple of square wooden pipes descend at intervals of some fifty yards through the sand into the water-way; at high water, when the mouth is covered, and the lock-gates closed, the air comes bellowing and roaring up these pipes as every wave comes in; and at times, when the tunnel is pretty full, the water Will, after chasing the air, rush out after it, and form a spray fountain ; while as he waves-recede, the wind rushes back with a strange whistling sound, and a draught that draws anything down into the tunnel with a tierce rush. But there was another peculiarity of the hollow way which was strangely im pressed upon my memory that night, —namely, its power of acting as a vast speaking-tube, for if a person stood at one of the escape-pipes and whispered, his words were distinctly audible to another at the other pipe some fifty yards off, who could as easily respond. Well, it was into the mouth of the gowt tunnel that we had now run the boat, where we were concealed from view certainly ; and thrusting against the piles with his hands, my companion worked the boat farther into the dark ness, until the keel touched the soft sand. "That's snug," he whispered; "they'll never find us here." " No," I said, as a strange fear came upon me. "But isn't the tide rising?" "Fast," he said. "Then we shall be stopped from get ting out." "Nonsense," he said, "It will take au hour to rise above the tunnel-mouth, and if it did, we could run her head up higher and higher. Plenty of fresh air through the pipes." •`lf we're not drowned," I said. "There, if you want to lose the cargo we'll pull out at once, and give up," he said. "But I don't," I replied ; "I'm stanch enough; only I don't want to risk my life." "Well, who does?" he said. "Only keep still and we shall be all right." The few minutes we bad been con versing had been long enough for the tide to float the boat once more, and this time I raised my hand to the roof, and thrusting against the tunnel-covered, weed-hung, slimy woodwork, soon had the boat's keel again in the sand, so as to prevent her being. sucked out by the reflux of the tide, At times we could hear shouts, twice pistol shots, and then we were startled by the dull, heavy report of a small cannon. " That's ' after the chame-marree,” whispered my dompanioh; "but she -........-................-.....-.......-..-•- . --- ----, - t ..• . ! :11131 . . ' . ..: . .I. ' . ',CZ (.' :0 ' .! . ' ' t . 'll i;l:fr ' ' ,,. 1 . '........ 1 , ii . ....; ~ , , . .' • .*.'_.'''' .“ ~ ...1,:1": .1 1 .: t' .) , , ~• , ••. " . . . • r . , 4 . , , ... ' • • 4 ~.., it. i;.' . 1 r .. • . . , , 1 t , . . cvi e. !,. . , ,:: ~ '' • . - 2, ~ ,T ' : 1. C '' 'l i pt 1 , , i , . '''. . Lb F„ , fri t L . , ....:. 0 , 11 i/ '.s . . 11. Ol ci , c: . 4 ,.,. „... le . il, J. , .i. 11 ~ i , T.,..k. . tti, •, svc. , 1 • )'-' J'l r• : (D.: ,-7.:H q 400.V1,,1.... .fIT— ~. Ili. 11 II:I L.. 11 2 • il C '••• - 1 ' . 10 ' .e. .. . . ..., I *r .q•DI ' - 1J: ' 0;. 1 " 2- ' i 1 • , 1 . 1 .. : . ' , ~. . VOLUME 68 sails like a witch. She's safe unless they knock a spar away." " I wish we were," I said, for I did not feel at all comfortable in our dark hole, up which we were being forced farther and farther by the increasing tide;while more than once we had to hold on tightly by the horrible slimy piles, to keep from being drawn back. " Just the place to find dead bodies," whispered my companion, evidently to startle me. " Just so," I said coldly. they'll find two to•morrow. ' " Don't croak," was the polite rejoin der; and then he was silent ; but I could hear a peculiar boring noise being made and no further attempts at a joke issued from my friend's lips. "Suppase we try and get out now? I whispered, after another quarter of an hour listening in the darkness, and hearing nothing hut the soft rippling, and the "drip, drip" of water beyond us; while towards the mouth came the " lap, lap " of the waves against the sides of the tunnel, succeeded by a rush ing noise, and the rattling of the loose muscles clinging to the woodwork, now loudly, now gently while every light rustle of the seaweed seemed to send a shiver through me. The noise as of boring had ceased some time, and my friend now drew my attention to one of the kegs, which he had made a hole through with his knife; and never before did spirits come so welcome as at that moment. "Better try and get out now," whis pered my companion. "They must be somewhere handy, though one can't even see their boat," whispered a strange voice, which seem ed hollow and echoing along the tunnel, while the rattling of the shells and lap ping of the water grew louder, All at once I raised My head, as if to feel for the hole down which the sound of the voice conic, when, to my alarm, I struck It heavily against the top of the tunnel, making it bleed against the shelly surface. " Walt a bit," Bald my companion, thickly ; " they're on the lookout yet I madness to go out." And then heard a noise which told me, that fear ful or not, he was trying to drown con sciousness in the liquor to which he had made his way. However, It seemed to me madness to stay where we were, to be drowned like rats In a hole; and taking advantage of the next receding wave, I gave the boat a start, and she went down towards the mouth of the tunnel fora little way, when a coming current would have driven me buck, only I clung to the roof, now very low down, and rather close to which the bout now floated.— Another thrust, and I pushed her sonic distance down ; but with the next wave that came In, my hand was Jammed against the slimy roof, and unnerved with horror, l gasped : " Rouse up,Har ry the mouth's under water!" Hollowly sounded my voice us the wave sank; and 1 felt once mere free, and in sheer despair forced the boat further down the tunnel ; but this time, when the tide came hi again, I had to lie right back, the boat rue so high, and I felt the dripping sea-need hang ing from the roof sweep coldly anti slimily over my face ; when, before the next wave could raise us. I thrust eagerly at the side, forcing the boat in ward again, but in the fear and dark ness, got her across the tunnel, so that head and stern were wedged, and as the next rush of water came, it smote the boat heavily, and made her a fixture, so that, iu spite of my efforts, I coulii not move her either way. Wash came the water again an again, and atevery dash a po,flon came into the boat, drenching me to the skin; while 1. now became aware twat Harry Hodson, my companion, was lying stupefied across the kegs, and breathing heavily. I made one more effort to move the boat, but it was tighter than Ever ; and after conquering an insane lesire to drive out, and try and swiu to the mouth, I let myself cautiously down on the inner side, and stood, with the water breast-high, clinging to ,he gun wale of the boat. The next moment it rose above my mouth, lifting me from my feet, and as it rushed back sucked my legs beneath the boat; butl gained my feet again, and began to vade in ward. Yet strong upon me as was th desire for life, I could not leave my compan ion to his fate in so cowardly a way ; so I turned back, and this time swimming, I reached the boat, now nearly full of water ; and half dragging, half lifting, I got his body over the side, an hold ng on by,his collar, tried once nore for bottom. But it was a horribb time there in the dense black darkiess—a darkness that, in my distemperec brain, seemed to be peopled with lideous forms, swimming, crawling, and wait ing to devour us, or fold us h their slimy coils. The dripping water smutted hollow and echoing; strang vhispers and cries seemed floating arouid; the mussels rustled together ; and eier and louder came the "lap, lap, lapplig " of the water as it rushed In and dashed against the sides and ceiling of be hor rible place. I was now clinging with one land to the boat's side, while with the ether I held tightly by Hodson's colter; but though I waited till the wave seceded before I tried the bottom, It wat not to be touched ; so, shuddering and 'iorror stricken, I waited the coming wive and struck oif, swimming with all mynight. It was only a minute's task; butwhen, after twice trying, my feet toucled the bottom, I was panting heavily, lad so nervous that I had to lean, trenbling and shaking, against the side. But I had a tight hold of Hodson, whOR head I managed to keep above water ; end it was not until warned of my dan:er by the rising tide, and the diffic.ilty I found,in keeping my feet, that lagain essayed to press forward. Juse - then som ailing cold ani wet swept across my face, and dashhg out my arms to keep off some moister of the deep, my hands came in ontact with a round body which beat tgainst my, breast, and in my horny, as I dashed away, I was some paces ee the dragging at my limb told me thatl had left my comrade to his fate. Th: next I moment, however, he was svvepl up to me; kn'd once more clutching hs col lar, and keeping his head above Water, 1 I waded slowly along the tunnel,when again I nearly lost my hold, fe' the same wet slimy body swept acres my face; but raising my hand, I only dashed away one of the lung straids of bladder-weed which hung thickll from i the cross timbers of the roof. It was no hard matter to be my companion along with me, for 3 had only to keep his head up, his body floating along the surface, but myfoot hold was uncertain, for now thE bot tom was slimy, and my feet sunk II the ooze deeper and deeper, for I was tear ing the gates through which the resh water of the marshes was let in ;and though the water was now only t my middle, I made my way with din:thy, for there was a perceptible curent against me. Breathing would have been easyhad it not been for my excitement ; andiow a horrid dread seemed to check the 'ery act, for all at once I heard a heavy re verberating noise, and the thoikht struck me they were opening the gaes, and in another instant the fearful rsh of fresh water would come bearmgall before it,—even our lives. In the agony of the moment, I utteed a wild unearthly shriek,—so fearfu a cry, that I shrank against the sideif terwards, and clung to a slimy pet, trembling to hear the strange whispr ing echoes, as the cry reverberabd along the place, and mingled withe lapping rush of the water, the dripp g from the roof, and a loud sound as o f a little waterfall in front. Now came again the shape ofsomethiLg round swimming up against me, andua it struck my side, I beat at it savagelf, though I smiled at my foolish fear tie next moment, for it was one of tie brandy-kegs washed out of the boa. But horror still seemed to hold me, s I waded on farther and farther, till one more the water began to deepen, all the ooze at the Bottom grew softer ; o I stopped, listening to the heavy rus - ing oTwater in front, where the drei - apieseape,d, and' washed I:wavily down, deepening the tunnel at the foot of the doors ; that hollow cavernous place, growing smaller moment by moment, the rushing sound was some thing, hideous. Danger in front, for thd great gatee mightatany time beopened; and danger behind, where the tide was coming in ceaselessly, and deepening the water around me with its regular beating thrdb, minute by minute. Thoughts of the pastand present seemed to snag° through my brain, so that I grew bewildered, and had any chance of escape presented itself, I could not have seized it, though I could not tell myself that escape was impossible. A few minutes,—ten, twenty, thirty per haps, and the black darkness seemed to be growing blacker. I must be free," .T.muttered ; and drag ging Hodson's handkerchief from his neck, I bound it to my own, and then making them fast beneath his arms, felt among the woodwork till I could find a place where I could pass them through, so that I could secure him from slipping down, or being swept away by the eb bing and flowing of the water. I was not long in finding a place ; but then the handkerchiefs were not long enough, and I had to add one from my pocket; then I left the poor fellow quite insensible and half-hanging from one of the timbers. And now I waded about searching for the mouth of the air-pipe, in the hope of shouting up it for succor, since' feltconvinced thatthe tide would effectually fill the tunnel, while the very thought of the gates being opened half maddened me; and heedless now of who might hear me, so that they brought succor, I hunted aimlessly about, yelling and shrieking for aid. It was a fearful struggle between reason and dread; and forever dread kept getting the upper hand; now it was a floating keg again and again making me dash away ; now one of the packages hurried In by the title; while the strange drippings and hollow whisperings were magnified Into au Infinity of horrors. Every monster with which imagination has peopled the sea seemed to be there to attack me,— strange serpent or lizard-like boasts, slimy and scaled, thronging along the ceiling or up the sides, swimming around me, or burrowing through the sand. More than once, I actaejk touched some swimming object, but tue contact was rnomentary,and thestranger darted off. Then reason would gain supremacy for it while ; and trying to cool my throbbing brow with the water, I thought of my position, whispered a few prayers, and endeavored to compose myself. There was even now a doubt ; the tide might not rise high enough to cover mu ; certainly it was now at my breast, and I was standing with diffi culty lu the shallowest place I could plek. The next moment, as the waves receded, It would fall to my waist; but again it was up to my chest and In spite of gleams of hope, despair whispered truly that It was now higher up my chest than before. True ; but one wave in so many always came higher than the others. The tide might still be at Its height, and this be that particular wave. . . Perhaps Down again nearly to my waist; and then up, up, up, nearly to my chin, (lashing away hope and reason. But stay ; another gleam ; I was stand ing upon the soft mud, for here there was no sand; my feet must have stuck I moved again and again, but ever with the same result; and at last de sparingly, I was clinging to a shell covered piece of timber at the side, with the water at my chin. A noise, a clanking noise as of chains rattling and iron striking iron ; and DOW hope fled, for I knew that this must be the opening of the doors of the gowt ; but, to my surprise, no rush of water followed ; only a little came, which lapped against my lips, while a rush of air smote my forehead. Voices, shouts, and Hodson's name was uttered ; but I could not shout in reply. 'Then my own name ; and I gave some articulate cry by way of answer, while once more reason seemed to get the better of the dread, for I knew that the far doors of the gowt had not been opened, and they kept up the drainage, while the pair nearest to me had only had the pressure upon them of the wa ter escaping from the first. And now a good bold swim, and I could have been in the big pit-like opening between the two pair of gates; but the spirit was gone. the nerve was absent, and still clinging to the shelly piece of timber, I closed my eyes, for I felt that, near as rescue seemed, I could do nothing to aid it. As for Hodson, in this time of dread, I had forgotten him,—forgotten all but the great horror of the water lap, lap, lapping at my lip, and occa sionally receding, its fizzing spray in my nostrils. Higher and higher, covering my lip ; but by a desperate el:11)ft I raised myself a few inches, but only to go through the same agonies again, as the water still crept up and up, slowly but surely, while in this my last struggle my head touched the, top timbers, the weed washed and swept over it, and as I forced my fingers round the timber to which I clung, my body floated in the water. Another minute, and I felt that all was over, for the water covered my face once, twice; andhalf strangled, I wait ed gasping for the third time ; but it came uot. Half a minute passed, and then again It palmed over my face, seem ing as if it would never leave it; but at last it was gone, and too unnerved to hope, I awaited his return, but it came no dared not hope yet, till I felt that he water was perceptibly lower, and hen the reaction was so fearful that I could hardly retain my hold till the tide had sunk so that once more I could stand, when my shouts for help brought assistance to me through the gowt, for they lowered down a little skiff with ropes, and I was brought out as nearly dead as my poor companion. That night's work sprinkled my hair with grayaand this was my last experi ence with the smuggling business. The loss was heavy: but I had escaped with my life, while poor Hodson was fol lowed to the grave by some score the the following Sunday. The Raft Nonpareil. A totter from Southampton, just receive thus speaks of the little raft Nonparei When the little American life-saving raft Nonpareil first made her appearance off this port, I was fortunate enough to board her. and have a very pleasant conversation with her commander, Captain Mikes. We shortly afterwards arrived up to port in gallant style, with all colors flying. After remaining here three days the raft was so beset with people coming from all quarters to visit her and hold confabs with Captain Mikes and her crew, that I proposed that he should take her to Cowes, where he would be able to see all the great "swells," aquatic and otherwise, who would be there to take part in and witness the regatta of the Royal Yacht Squadron. The Captain agreed to the proposition, but informed me, at the same time, that he could not get along without me, so I had to turn pilot for the time being and pilot thelittle vessel to Cowes. We had a grand time there. Captain Mikes and his crew were invited on board the royal yacht, and Mr. White, a great life boat builder at Cowes, introduced them to the members of the Royal Yatch squadron at their club house, where they met with any quantity of the elite English, and were most kindly and cordially received. Mr. White towed the tiny little raft around the royal yachts, and all about the harbor of Cowes, which was alive with sailing vessels gaily decked, of all descrip tions, with his steam launch. It need not be said that Captain Mikes is a great lion at Cowes, and the observed of all observers. The Queen will, no doubt, come down to inspect the Nonpariel, as she has intimated she intended doing so. Thousands of people come to see the gallant little craft, and all express the greatest wonder how she ever managed to cross the Atlantic Ocean in safety. In fact, so great is the throng of vessels around her, failed with people who are curiously inspecting her, that one can almost imagine that a great fair is being held upon the water. The captain and crew are in a perfect state of health, and more than satisfied with the performance of their life-saving raft Fitz Greene Halleek, the poet, islivingin Guilford, Conn. He is in good health and the full enjoyment of bls mental faculties. ASTER PA: Wg.PNESDAY. HORNING AUG! ST 21 1867. gpozellantouo. BOGIE VB. TROTT. Legal Tender tutiona Notes anti their Consti lity. Opinion of Judge fikuswood, In January, 1884, the District Court for the City and County of Philadel phia had before it two cases in which the constitutionality of the act of Con gress of February 25, 1882, making United States notes a legal tender, was involved. In one of the cases the party had offered legal tender notes in pay ment of a mortgage, and the money was refused, and the party cited into court. On Saturday, February 20,1864, Judges Hare and Stroud delivered the majority opinion of the Court, affirming that the tender of the 'United States notes was legal, inasmuch as Congress, under the Constitution, had the authority to pass the act of February 25 ' 1882. Judge. Sharswood delivered a dissenting opin ion, in which he held that Congress had no power under the Constitution to make notes a legal tender in pay ment of debts. The following is Judge Sharswood's opinion in extcru3o : If any point may bo considered as well settled it is that the Constitution of the Uni ted States 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 conferring Specific powers, the power con tended for trust be grunted or it cannot be exorcised." The same thing has been af firmed by Mr. Justice Story in Martin vs. Hunter's Lessee, (1 Wheat., 326.) "The government of the United States can claim no powers, which are not granted to it by the Constitution, and the powers actually granted, must be such as are expressly given or given by necessary implication." And not to multiply citations—on so clear a principle—again by C. J. Marshall In Mc- Cullough vs. the State of Maryland, (4 NV heat., 4010 "This government is ac• knowledged by all to be ono of enumerated powers. The principle that It can exercise only the powers granted to it, would seem too upparent to have required to be enforced by all those arguments, which its enlight ened Mends, while it wan depending before the people found It necessary to urge. That ix 71010 univenntly admitted." It follows that to sustain the constitution ality of an net of Congress—to determine that it is a law—an authority for it must be uffirinatively shown, That authority must exist hi the Conniltption in express words, or the act must appear to be necessary and proper for elirry log Into execution come power or ;mittn's vested In Congress, 111 the love:lune:it of the United States, or in sonic department or office thereof. By this rule wo are now to decide, whether that clause of the riot of Congress, approved Fab, 23, 1872, entitled "Au out to authorize the issue of United States notes and for the redemption or funding thereof, and for funding the floating debt of the fulled States," which provides that the notes issued hi pursuance of that act "shall bu lawful money, and a legal tender in pay ment for all debts public and private"—is or is not a law of the land. The counsel of the defendant—recognizing that on him rested the burden of maintain ing the affirmative of this issue—claimed that the provision referred to was an exer cise of authority vested in Congress under one or other of the following clauses of the enumeration in Sections 8 of Article 1 : PARAORAI'n. 2.—To borrow money On the credit of the United States ; Pan. 3.—To regulate commerce with for eign nations, and among the several States, and with the Indian tribes; PAR. 3.—To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures: PAR. 18.—To make all laws, which shall be necessary and proper for carrying into execution the foregoing powers, and all other 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 as have been supposed in the course of the argu ments to illustrate them. I feel some de gree of confidence, not only from the well known ability, learning and researcn of the counsel for the defendant, but from my own investigations, that if the act of Congress in ; question cannot be sustained on either of these clauses, it cannot be sustained at all. I will begin with the last paragraph of the enumeration, because its proper con struction has an important bearing on the others: PART 18. "To make all laws which shall be necessary and proper for carring into execution the foregoing powers."l will not here revert to political and con troverted grounds, nor to the arguments, by which in the Federalist, No. 44, and elsewhere, the objections of the enemies of the Constitution to the sweeping words of this clause, were met and answered by "Its enlightened friends." I mean to take ex clusively as my guide the principles, ju dicially settled by the Supreme Court of the United States in the leading case of McCullough vs. the State of Maryland (4 Wheat., 316). The rule established in that case is well expressed by the reporter in the syllabus. If trie end be legitimate, and within the scope of the Constitution all the means which are appropriate, and which are plainly adapted to that end, and which are not prohibited, may constitutionally be employed to carry it into effect. Let us recur, however to the very words of the opinion, as delivered by C. J. Marshall: " We think the sound construction of the Constitution--must allow to the National Legislature that discretion with respect to the means by which the powers It confers are to be curried Into execution, which will enable that body to perform the high duties assigned to it, in the manner most bene ficial to the people. Lot the end be legiti mate, let it be within the scope of the Con stitution, and all means which are appro priate, which are plainly adapted to that end, arid which are not prohibited, but con sist with the letter and spirit of the Consti tution, are constitutional." P. 421. This is, certainly, a very large charter to the discretion of Congress, yet as a ruler for judicial cases, lam willing to accept it. It is apparent, however, from the very terms in which the principle Is enunciated, that this discretion is not without limits. It is not Congress which is to be the final judge as to whether a measure is necessary and proper for carrying into effect any of the delegated powers. Were it so, the enumeration would have been a vain and delusive mockery, and the fundamental principle that the federalgovernment is one merely of limited authority, an unmeaning tormula of words. 'rhe limits plainly set in this language are these: 1. The end must be legitimate and within the scope of the Constitution. 2. The means must be appropriate and adapted to the end. 3. The means must not themselves be prohibited, but consist with the letter and spirit of the Constitution. There is, however, another limitation upon the discretion of Congress in the choice of necessary and proper means. It is clear ly stated in McCullough vs. the State of Maryland, and indeed the principle of it may be considered to have ruled that case. I quote again the very words of the opinion. "The power of creating a corporation, though appertaining to sovereignity, is not like the powers of making war or levying taxes, or of regulating commerce, a great substantive and independent power, which cannot be implied as incidental to other powers, or used as a means of executing them." [4 Wheat, 411.] I understand the Supreme Court in this language to lay down the simple and reasonable—l might, perhaps, say the self evident—proposition that no one enumer ated power can be incidental to another enumerated power. Three cases are stated as examples of substantive powers, but clearly only as examples. We have no right to say that any of the express powers is more substantive and independent than another. Their very expression authorita tively stamps their character. If, therefore, a power is delegated, but in terms which import a limitation or qualification, it can not be exercised as incidental to some other power, disregarding the limitation or quali fication annexed to the express grant. In- deed, such limitation or qualification may be considered as a prohibition against the exercise of that power in any other way, and therefore, within the limit which the Supreme Court places upon the discretion of Congress in the enunciation of the gen eral principle, viz: That Congress cannot employ a measure, however necessary and proper it may be for carrying into effect some express power, if that measure has been prohibited. I pass now to the consideration of those . 1 grants, from which, by the aid of the last paragraph of the enumeration, it is con tended that Congress have authority to issue what this act calls "United States Notes" and to make them a legal tender in payment of all debts, public and private. 1. "To regulate commerce with foreign nations and among the several States and with the Indian tribes," Art. 1, Sect. 8, Par. 3. It must be admitted that standards of value and of weights and measures are means very appropriate and adapted in the regulation of commerce. But then we have in OW !Mime rEkticui *lapse WhichexPrede ly wantg i r klifines the authority to create suet( stan if It directs of what they shall — consist, Congress cannot make an other /And as incidental to, the regulation of commerce: with equal plausibility might it be pre tended Unit, for the regulation of eximmeree, Congress could lay duties, imposts and excises, and pass 'bankrupt laws. Such measures might be very appropriate and Adapted to that end. Yet surely it will not be maintained that assuming these powers as incidental, Congress could disregard the rule of uniformity, which limits and quali fies the express delegation of them. This qualification Is, in fact a prohibition of any duties, imports, or exercises, which shall not be uniform throughout the United States —of any laws on the subject of bankruptcies which shall not, !alike manner, be uniform throughout the United States. [Art.l, Sec. B, Par. 14. ] These cases present a perfect illustration of the soundness of the limit to the discretion of Congress, prescribed by the Supreme Court, that a substantive power atoll not be exercised as incidental. Ido not, however, consider them as any more perfect than the very case before us. If the power to create a standard of value and - medium of exchange is expressly delegated, but con fi ned by its terms, as we will presently see, that is, to coins—foreign or domestic—it is a prohibition of any other kind of money. Congresscanuot under the pretext of regulating commerce, infringe the prohibition thus laid on them. IL "To borrow money on the credit of the United States."—Art, 1, Sec. 8 Par. 2, It has been iirgued that under this clause Congress may Issue thetie " United States Notes," because they are only acknowledg ments of debt in a negotiable form, and in order to give them greater'credit, make them a legal tender. That there may be consti tutionally tamped to the public creditor cer tificates of the amount due, transferable by assignment—or bonds or notes payable to bearer, which can pass front hand to hand by mere delivery—l do nut deny. These are all securities, and Congress are vested expressly with power "to provide for the punishment of counterfeiting the securities and current coin oftheUnited. States." Art. 1 ; Sec. 8. Par, 7. This language is accurate, Securities cx vi termini aro something differ out front money. 'ruts view is strengthened when we find the coin described in the same paragraph us current coin, These United States notes are not securi ties for money which may be issued under the authority to borrow, but they are "bills of credit"—things distinct and different from securities. That there is such a dis tinction may be clearly shown by the judg ments of the highest tribunal which gives the law on these subjects to all other courts. According to that tribunal, bills of credit are not certificates of loun—not Treasury bonds or notes—not acknowledgments of indebtedness, all of which aro mere securi ties, but bills invested with the functions of money—just such bills us the United States notes issued In pursuance of the act of Com gross In question. In Craig vs. the State of Missouri (4 Peters, 431,) C. J. Marshall, In delivering the opinion of the Court„says; "In its enlarged and literal sense the term 'bill of credit ' may comprehend any in• strument by which a NMI.° engages to pay money at a future day; thus including a certificate given for money borrowed. But the language of the Constitution itself, and the mischief to be prevented, which we know from the history of our country, equally limit the interpretation of the term. The word 'emit' is never employed in de scribing those contracts by which a State binds itself to pay money at a future day for services actually received or for money borrowed for present use; nor are instru inents executed for such purposes in com mon language denominated • bilis of credit.' To 'emit bill of credit' conveys to the mind the idea of issuing paper to circulate through the community for its ordinary pur poses us money, which paper is redeemable at a future day. This is the sense in which the terms have always been understood." The derinitign here given was subsequently reconsidered and sustained in Briscoe vs. the Bank of Kentucky, (II Peters, 227.) According to this clear and authoritative exposition, what distinguishes bills of credit irom such securities us aro issued to the public credit is that the former are, and the latter are not, intended to circulate as money. These United States notes, then, are not acknowledgments of debt nor "se curities of the United States," but "bills of credit"—in other words—" money," In deed, this act of Congress of February 25, 1862, intends to leave no doubt on tharpoint, for it expressly declares that they shall be "lawful money." In conformity, then, to the principle, as settled by the Supreme Court in McCullough vs. the State of Mary land, we must turn to the money clause to ascertain whether Congress had authority to make them "lawful money." That body cannot, as incidental to the power to borrow, create any kind of money, which will not stand the test of the express power which is granted on that subject. If any doubt remains as to whether the right to emit bills of credit—to make paper money—can be exercised as incidental to the borrowing power, it ought, as it ap pears to me, to be entirely dissipated by the proceedings of the Federal Convention, when this clause was before them. I freely admit that the opinions expressed in that body are not conclusive upon the interpre tation of the Constitution. That instrument is to be construed like all others—by its four corners. But surely as C. J. Marshall relied "on the history of our country" in limiting the meaning of the words " bills of credit,' we may resort for light to the opin ions and votes of the men who framed the Constitution, in deciding whether in the words "to borrow money" was intended to , be included "to emit bills of credit," for that is the precise question we Intro here to consider. By the ninth of the old Articles of Con federation, Sec. 5, it was declared that "the United States in Congress assembled, shall have authority to borrow money or emit bills on the credit of the United States." In the plan of the Constitution, as reported to the Convention, by the committee of de tail, of which Mr. Rutledge was chairman —this clause was copied: "To borrow money and emit bills on the credit of the United States." On the 17th of August, 1787, in convention, Mr. Gouverneur Mor ris, of Pennsylvania, moved to strike out the words "and emit bills." There was a debate on this motion, which is reported by Mr. Madison. It was argued by some, and Mr. Madison himself among the number, that the words had better remain with a provision prohibiting them from being made a legal tender. Mr. James Wilson, of Pennsylvania, afterwards ono of the Justices of the Supreme Court of the United States, appointed by President Washing ton, contended that it would have a most salutary influence on the credit of the United States"to remove the possibility of paper money." Other members who spoke concurred with him in this view. The motion,was carried, and thev, - ords stricken out by a vote of nine States to two. Mr. Madison has added in a foot note, that the vote by Virginia in the affirmative was occasioned by his acquiescence, because he became satisfied that striking out the words would not disable the government from the use of public notes, as far as they could be safe and proper, and would cut off the pretext for a paper currency, and particu larly for making the bills a tender either for public or private debts. [5 Elliott s Debates, 434,435.] Ido not know how these proceedings may strike other minds, but they have convinced me that the Federal Convention understood by "bills of credit," not securities—certificates of loan or in debtedness—Treasury notes—or Exchequer bills—but just what Chief Justice Marshall afterwards defined them to be, "paper money," and meant to deny to Congress the right to make such money. Luther Marlin, in his address to the Maryland Legislature in justification of his course in retiring from the Federal Con vention, has also given a brief sketch of this interesting debate, which corresponds in the main with that of Mr. Madison. He declares in the most emphatic manner that " a majority of the Convention being willing to risk any political evil rather than admit the idea of a paper emission in any possible ease, refused to trust this authority to the government." [Secret Proceedings of the Federal Convention, p. 67]. He afterwards informs the Legislature, as indicative of the temper of the body, from which he had withdrawn, that as the Constitution " was reported by the committee of detail, the States were only prohibited from emitting them (bills of credit) without the consent of Congress; but the Convention were so smitten with the paper money dread, that they insisted that the prohibition should be absolute." "It was my opinion, sir," he proceeds 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 for 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 extremejealousy entertained of in vesting either the Federal or State govern ments or even both by joint action with any discretion on this subject. It is plain that the men who framed the Constitution —the men who ratified it in the State con ventions—the great mass of their constitn ents—meant nothing less than to exclude, forever, in any passible ease—(Mr. Martin) '--thepossibility of paper money—(Mr. Wil sou), The publics faith again and again solemnly pledgeAfor the redemption of the continental bills of credit, bad been shame- Violated. The tender laws of the States, enacted at the urgent solicitation of Congress for the purpose of sustaining their credit, had utterly failed. The amount of private wronk thereby inflicted.on iodivld nabs and families was incalculable., Con greas in a circular , address in 1779—after promising solemnly that the amount of the bills should on no account exceed 820. 0,000;- 000—indignantly repelled the idea thatthere could be 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 1 and having ceased to circulate, quietly died in the hands tof its possessors. [3 Story on the Coast., 223,V.4.) No financlering was found so easy—so attractive—and at the same time so delusive and destructive as that of re sorting to paper money. "Who," said a member of the Revolutionary Congress in debate "will consent to load his constitu ents with taxes, when we eau send to our printer and get a wagon-load of money and pay for the whole with a mitre of paper?" Breck's History of Continental money, p. 13.] Well, said,Mr. Read, of Delaware, in the Federal Convention, that such it power would stamp the Constitution with "the mark of the beast in Revelations," and Mr. Langdon, of New Hampshire, only ex pressed the feelings of the entire country, when he declared that he would rather re ject the whole plan than retain the three words " and omit bills." It requires but a slight knowledge of the times to conclude that if those three words had been retained or had it been imagined that, though stria en out, as by comparing the new with the old system everybody could see that they were, they still lurked in the instrument as Incidental to some other power, the Fede ' rat Constitution would not have been ratl• ' lied by nine States. In the discussions and publications, which followed on the pro mulgation of the plan, before proceeding to vote on It in the State Conventions, its well us in the debates el' these bodies so far as they have been preserved and handed down to us, through every hole and corner the Instrument was ransacked to find objeo• hose, I am not aware that it was ever amp witted that it might possibly contain so odious and unpopular a power. The voice of the instrument Itself appeared fillfrielont ly 'narked and unmistakable. 111. I conic now to consider the remain ing clause, which has been relied on as the source of authority to pass the act in quems don. "'l'o coin money, regulate the salt's thereof and of foreign coin, and fix the standard of weights and measures." [Art. 1, Sec. 8, Par, 5.] It is evident not merely front the words, but frotn theirjuxtapositlon with the clause ibr fixing a standard of weights and measures, that the Constitution intends that the money of the United States shall be not merely a medium of exchange but a standard of .kalue. Uniformity and stability were tile ends in view, and for this reason those powers wore vested exclusively in tim Federal Government. Hero and here alone, and not as a mere incident to IMMO. thing eine, are we to look for whatever authority Congress possesses over the sub ject of money, These words seem to MU to sanction only coins or metallic money. In the Federalist No. 12, this is taken for grunted. "An that need be remarked on the power to coin money, regulate the value thereof and of foreign coin Is, that by pro viding for this last case, the Constitution bus supplied a material omission in the articles of confederation. The - authority of the existing Congress is restrained to 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 sub. Jetting that of foreign coin to the different regulations of the different States." Judge Story thought so, for he says "The power to coin money IS one of the ordinary pre rogittives of sovereignty, and is almost uni versally exercised in order to preserve a proper circulation of good coin of a known value in the home market." (3 Story on the Const., 17). But the Supreme Court of the United States have not left this to in ference, but have distinctly declared the same opinion in the United States vs. Mari gold (9 Howard, 580), in which an act of Congress punishing the offense of importing spurious coin was held to be constitutional on the ground that the provisions of the act appertained, to use the very words of the opinion, "to the execution of an important trust invested by the Constitution, and to the obligation to fulfill that trust on the part of the government, namely, the trust and the duty of creating and maintaining a uniform and pure metailiestandard of value throughout the Union. The power of coin ing money and of regulating its value, was delegated to Congress by the Constitution for the very purpose, as assigned by the framers of that instrument, of creating and preserving the uniformity and purity of such a standard of value. The word coin is one of well settled mean ing. The primary sense of the noun, ac cording to Dr. Webster, is "the die used for stumping money," and the undisputed signification of the verb, according to most, if not all the lexicographers, is " to stamp metal and convert itinto coin." In Whar ton's Law Lexicon (ad verbum) it is said : "Strictly Speaking, coin differs from money as the species differs from the genus. Money is any matter, whether metal, paper, beads, shells, &c., which has currency as a medium in commerce. Coin is a particular species always made of metal and struck according to a certain process callal causing." It was. urged at the bar—l do not know whether seriously or not—that printing is stamping, and these notes might, therefore, literally be said to be coined. No such use of the word iu any author has been shown. Wo may say figuratively to coin a Story, mean.. log 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. Surely, however, no ono will con tend in earnest that if a sufficient number 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. 'ro state the case thus is to reduce the argu ment to an absurdity. It may seem like laboring unnecessarily a very plain proposition, but I will hazard some further illustrations. The notes in question draw a plain dis tinction on their face between themselves and coins. They promise to pay dollars. What is a dollar F To a similar question— what is it pound? Sir Robert Peel answer ed: "A pound is a definite quantity of gold with a mark upon it to determine its weight and fineness." Many pages have been written to controvert this definition and to I prove that a pound lea mere abstraction— something like u mathematical point with out length, breadth or thickness. aut common sense I think vindicates Sir Rat. 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 toe object of a stendard. So a standard of value must become actual value. I would say, drawing the difinition from a 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, ore cold coin, weighing twenty-five and four-fifths grains of nine tenths pure to one-tenth alloy of each metal. These notes then promise to pay coins. To say that they are themselves coins is to make the promise and perform ance identical. As they do not state on their face when they are to be paid, in law if issued by an individual or corporation, they would be payable on demand. Whitlock vs. Under wood, (3 B. & C., 187), Story on notes par, 29. Payable in what? In themselves, if they are coins or dollars. They are prom ises to pay on demand. A promise to pay may represent coin and circulate as such. It is properly designated as currency, and is one of many modes by which the use of an expensive standard may be spared by the substitution, as a medium of exchange, of public or private credit. It is safe and con venient as well as economical, as long as it truly represents the standard, by being immediately convertible into coin. But in its very nature itls not coin. Its value or power of purchasing other commodities de pends as well upon the confidence of the community in the ability and intention of the issuers to redeem it as upon the amount issued. Coin, on the other hand, possesses present, actual and intrinsic value. If you obliterate from the pound weight the public mark, which attests its conformity to the standard, it still weighs the same as before. So you may erase the image from the coin, yet its value remains.--- Blot out, however, the superscription from these pieces of paper and nothing remains —they are worthless. The stamp on the coin is really nothing but a certificate of the weight and fineness of that piece of metal. Government guarantees nothing but this— makes no contract to deliver. _'corn, wool, or leather is exchange for it. The power of regulating its value can only extend to de claring that in law a certain number of one coin shall be deemed the equivalent another ! of a different denominationin contracts and other transactions. In the market unequal values cannot be made equal by law. Con gress' has no power to enact how many bushels of wheat an eagle shall exchange for, and if theyAiad and should make the experiment, the act, like all attempts by government to change the laws of value,: which are natural laws, would be futile. The legislation of Congress upon this , subject recognizes the difference between these United States notes and coins and 0/4 they are not of equal value, NUMBER 33 The act before ree(Febrnary 25, 1862) re quires duties on imports, and the interest of the public debt to be paid in coin; and provides that the notes "shall bo received ' the same as coin at their par value, in pay ment for any loans that may hereafter be sold or negotiated by the Secretary of the Treasury." So by the act of March 17,1862, the Secretary of the Treasury is authorized to purchase coin with them at such rates and upon such terms as he may deem most advantageous to the public interest. And the act of March 3, 1863, prohibits the loan of currency or money on the security of gold or silver coins, exceeding in amount the par value of the coin pledged or deposited as by the first of these acts, coin is treated as the standard ;by the last, paper. The ono speaks of the par value of the notes, the other 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 bo included foreign paper money, and Congress may regulate its value and make it a legal ten der. They may thus treat notes of the Bank of England and Franco, Austrian and Russian government money—but not State bank notes. Congress has no power of reg ulating the value of any money except foreign coins and money coined by its own authority. If to coin money moans to stamp paper then the clause which forbids the States '• to emit bills of oredit" was un necessary ; the prohibition "to coin money" included it. The terms of that very prohi bition show that in the minds of the makers of the Constitution "to coin money" and " to emit bills of credit" were two entirely distinct and different things. In short, in whatever point of view it is regarded, it seems to me that the position that this clause authorizes or permits any other but metallic money is untenable. The restrictions on the States illustrate and confirm the opinion which I have ex pressed upon the proper construction of the paragraph before us. "No State shall coin money, emit bills of credit, make anything but gold and silver coin a tender in pig ment of debts; pass any law impairing the obligations of cot/tracts." Art. 1, suet. 10. The whole power over contracts resided In the States before the ratification of the Federal Constitution. This section admits it and loaves it there, subject only to two restrictions—both having the saute end in view—the inviolability of contracts. lime much as the States cannot coin, and the Federal government alone can, and inas much as the States cannot make anything but gold and silver a tender in payment of debts, it follows that gold or silver coins, foreign or domestic, as regulated by Con gress, constitute the only lawful money. This wits evidently Mr. Webster's opinion in that able speech on the Specie C 1 1 ,111111., which was tilted at the bar, and in which lie declared "that gold and sliver, at rates fixed by Congress, constitute the legal standard value in this country and fi let neither Congress nor city S tate lice authority to establish any other etandard, or In displace this." Anil still more em phatically : "Meet unquestionably there is and there can be no legal tender in this country undur the etithoroy of this govern ment, or. any other, but gold and silver. This in a conntilitt lOnlf I prin ciple, perfectly plain and of the Very hag/test importance. Tim States are ex pressly prohibited from making any thing but gold and silver n tender In pay ment of debts and although no such ex press prohibition is applied to Congress, yet as Congress has no power granted to it, but to coin money and to regulate the value thereof, it clearly has no power to nubstltute paper or anything else for coin as a tender. The constitutional tender is the thing to be preserved and it ought to be preserved sa- I:ITC/1Y Under all eireanintunces." [4 Web ster's works, 271, 250.1 I must confess that upon a question of this magnitude—amid the conflict of opinion by which I ant sur rounded—my mind has rested with confi dence and satisfaction upon this clear and decided conclusion of a great intellect. Mr. Webster's fame rests mainly on his omi nence as a constitutional lawyer. The Constitution had been thestudy of his life— the subject of most of his professional and political efforts. Ho belonged to no school of strict construction, but on' all occasions was found earnestly contending for the broadest charter to the Federal govern ment. The opinions he expressed in his seat in the Senate of the United States, un der the sanction of his official oath, aro en titled to be received as deliberate and well considered. With Mr. Webster I regard these provis ions of the Constitution upon the subject of contracts and tenders as "of the very highest importance," and to " be preserved sacredly under all circumstances." They rest upon sanctions, which ought to be con sidered as of the most inviolable solemnity at all times and in all emergencies. The true strength of a government—the best foundation on which can rest theconfidence and affection of its people—is the security which it guarantees to property. This depends in this country upon those consti tutional provisions, which absolutely pro tect under the .:Egis of the Courts of Justice, alike the daily earnings of the poor and the accumulated earnings of the rich man, not only from fraud and violence, but from the governmeht itself, except in the form of open 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 changing the denomination or legal value. What it has been asked is the difference between that and issuing paper money, even though that paper should be at the time depreciated below the value of coin ? I answer, that because Congress may possi bly accomplish a certain end by constitu tional means, it does not follow that the same object can be attained by means which are not constitutional. Though, by the process of debasing the metallic stand ard, Congress may perhaps, reduce all debts, public and private, fifty per cent., it does not follow that they can enact directly that the man who owes one hundred dol tars to another, shall be quit upon the tender of fifty. We apply no such principle to other cases. Because under a power a mum may dispose of an estate by will, wo do not hold that he can do the same in any other way than that directed or prescribed. But considering it merely as an argu ment of the intention of the trainers of the Constitution, it appears to me equally in conclusive. There aro very important dif ferences between debasing the coin and issuing paper money, though their practi cal results may in some respects be similar. It may well have been intended to leave to Congress discretion as to the one, but to deny to either branch of the Government, State or Federal, any discretion as to the other. I. The debasing of the coin as a financial measure for the purpose of discharging the Public Debt would be an open, gross and palpable breach of faith, scarcely possible in the present ago of the world. Changes, however, for the mere purpose of regulating the value of the currency, may occasionally be necessary. "Arbitrary governments," says Albert Gallatin, "have at various times, in order to defraud their creditors, debased the coin, whilst they preserved its denomination, and thus subverted the standard of value, by which the payment of public and private debts and the perfor mance of contracts ought to have been re gulated. This flagrant mode of violating public faith has been long prescribed by public opinion. Governments have, in modern times substituted for the same pur pose, issues of paper money gradually in creasing in amount and decreasing in value. It was to guard against these evils, that the provisions of the Constitution on that sub ject were introduced." [ Considerations on the Currency, p. 72.] It is true that the coin has been debased in our own tithes and country, but never with a view to defraud either public or pri vate creditors. When the coinage of the United States was first regulated, in 1792, 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 relation in the market. But though the relation between gold and silver is certainly more steady than that between any other commodities, at least within short periods of time, yet it is not immutable. Accordingly, about the year 1812, a change was observed to have occurred. An ounce of gold, instead of being worth only fifteen ounces of silver, was really exchangeable for about six teen ounces. Of course no one would pay a debt with sixteen ounces of silver, when he could do so with fifteen. The consequence was that the gold coins disap peared ;entirely from circulation, in obedi enze to the invariable law that the metal legally undervalued is always expelled. Silver became practically the only stan dard. The act of June 25, 1834, commonly called the gold coin must be debased or the silver enhanced. The latter course would have been fraught with more injustice and mischief than the former. Though the true policy may have been to let things alone, or to have established as the only legal, what bad practically become the actual standard, yet many pure and eminent statesmen were, then and still are wedded to a different. policy. Subsequently, by the act of January 18, 1837, the weight and standard 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 had been before. By the act of ~February 21, 1853, a much more;. considerable reduction was made in the , ILLYSlCOlf,AlMlegenelleil. IMMO Airenattiantorti.. Sit st you per square of ton Ulm; td per year for each ad. ditiong square Esay, mesasa, hitlClELLltiforsar rand Gin ISA& ABVlaTilasio, 10 omits a lor the East, and Santa for each subsequent inset. lion. Simmer. NoTicsB inserted in Local Column, cents per line. - litrzczez Nan= Pr ooo dlua ]narriales insar gi deaths, 10 cents per line for Ent and b ts Mr ovary subsequent insertion.) Bsyi °an ng Wm% of ten lines or less, Business Cards,llve Limnos leas, one yearDMA/. AND arias °via NOTICES— Executors' 2.50 Administrators' 2.60 Assignees' notices,—. ....... 2.50 Auditors' notices,. ... .... . . 2.00 Other " Notices," t en lines, .or leas, three times L5O weight of silver coins, less than the dollar, but evidently only for the purpose of sup: plying a subsidiary currency, for small payments ; for b,y the same vrm provided that the silver coinsissued In conformity thereto should be legal tenders in payment of debts for all sums not exceeding five dollars. I have no doubt that all this tampering with the coin was unwise and unjust. Whatever may be the advantages of a double standard they aro too dearly purchased by the frequently recurring necessityfor those changes. But I do not see that there was, in any of those instances, a criminal breach of public faith or an intention to interfere with private contracts. In 1834, the public debt had then been recently liquidated in full, and at the period of none of these measures was any thing to be gained by the government from them, but rather the reverse. 11. There is another important difference between the two measures of debasing the coin and issuing paper money. When an act is passed debasing the coin, all the mis chief Is done. On the day following, the prices of all markets adjust themselves to the new standard. Commodities, real or personal, mewls or chattels, fire of exactly the same exchangeable value as before; the only difference being that their value is expressed in diffbrent figures. An ounce of gold will still buy the same number of bushels of wheat, whether it is coined into twenty pieces called dollars, or forty pieces. True, debtors are richer at the expense of their creditors. BM 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 cola Is debased. All equality is at an end. To•day a man pays at one discount, to morrow he receives at another. There is in truth no standard of value whatever. The paper money varies like the mureury In the loaronloter acted on by the superhicumbent column of air, swayed to and fro by the tides of the ituospiwre—now high now low —now recoiled, now condensed. Thus 11H von 'biome rises or falls, but more certainly as issues aro Increased or contracted, the value of every mica's property—and the real price or labor, what lie can procure for it of the tweesseries and comforts of iffe,lluetuates from day to day, This was just what the mon oi the itevolution who met in the Federal Con volition- who assent bled In the State Conventions end retitled the Constitution hail not merely heard with I heir ears but seen w ith t hut itow n eyes, touched and handled with their own hands, and felt In their own pockets. They had not the advantage of reading the same history repented lit a more rapid and aggravated form in the paper money of revolutionary Franco. lint they needed it not. They ' c al quite enough in their own oXpulquilvu leaps thorn deter- Mille to deal all ulroctual d oalh blues at paper money. On the whole, then, I am of opinion that the provision of the 'met of Congress of Feb ruary :25, ISII2, declaring the notes issued in pursuance of that act to I n . lawful 'flimsy and a legal tender, Is uuconslllullunal. This renders it unnecessary that I should consider the other question which has been !mule as to the idTeet of the spschii sigron -11011110 pay in lawful milVur ittolioy ca the U tiled Mutt ' s. 1 on in favor entering Judgment for the plaintiff, but as a major ity of the Court aro of it different opinion, Judgment Mr the defendant. gkttorutgo-ut-gatv. A. WII.SON, No. M liwit King xL., Lancauter W3l. LEA3IAN, No, 5 North Duke id. hanatatori R. C. UREA DY, No. 38 North 'Julio tit., Luncalitor A. J. ATEINIIAN, Nu. U Ewa. Orungu mt., Lamm/0.00 GEO. NAUMAN, No. 1 Centro Square, Lnucruitor 11. M. NORTH, Columbia, Lancaator county, Pa R. A. TOWNMEND, Nu. 11 North Dolt° Ht., Lanctuitur H. H. SWAILH., No. 13 North Duke at., Lauca.ator CHAS. DEN UEN, No. 0 South Duko tit.. Lancamtor ABRAM SHANK No. 88 North Dux° Rt., Lanco,Ntor J. W. F. SWIFT, No. 13 North Duke st., Lancaster A. HERR SMITH, No. 10 Boutla Queen Ht., Laucaliter EDGAR C. REED, No. its Norte Duke et., Lancaster B. F. BAER, No. 19 North Duke Ht., Lao=3ter, D. W. PATTERSON, N 0.27 West King•at., Lancaster F. S. PYFER, No. 5 South Duke st., Lancaster S. H. REYNOLDS No. s:i Elouit King st., Lancaster J. W. JOHNSON, No. 26 South Queen et., Lancaster J. B. LIVINGSTON, No. 11 North Duke at., Lancaster A. J. SANDERSON, No. 21 North Duke !Arcot, Lancamter. S. H. PRICE, No. a North Duke it., Lancaiiter WM. B. FORDNEY, Routh Duke street, Lancaster, Pa. Nearly opposite the Farmers' National Bank DELMER H. LONG. ATTORNEY AT 11, LAW, NO. 8 SOUTH DUKE STREET, Lan cantor. peeiai attention paid to procuring or op posing discharges of debtors in buidcruptoy, proof and presentation of claims, rendering professional [mistime.° to imignees, and all busluems, In short, connected with proceedings in voluntary or Involuntary bankruptcy, whether before the Register or the United Htatem Courts. Parties Intending to take the benefit of the law will usually Ilud It advan taitelitt,iti to have a preliminary consultation.w gegal Natirto. ESTATE 01' DAVID MAY, LATE OF Marihelm Borough, deCeased.—Letters tes tamentary on maid estate naving been granted to the undursigued, all persons indebted there to aro requested to make Immediate settle ment, and thou.) having claims or demands against the Name, will present them without delay for settlement to the undersigned, re siding In said borough. FANNY MAY, CATHARINE MAY, Executrices. aug 7 6ta 31 UNTATE OF ABM. KAUFFMAN, LATE El of Manor twp., dec'd.—Letters of Admin istration on the estate of said deceased haying bee❑ granted to the undersigned, all persons indebted to said estate will please make pay ment forthwith, and all persons having claims against the same will present them to the un dersigned, residing in Manor township, for settlement. B. C. KAUFFMAN, C. M. KAUFFMAN, Administrators. aulig 7 6tw• 31 ESTATE OF JOSEPH COMBO, LATE OF East Cocaileo township, deceased.—Let tore of administration on said estate having been granted to the undersigned. all. persons Indebted thereto are requested to make inane dlate settlement, and those having claims or demands against the same will present them without delay for settlement to the under signed, residing In West Cocalleo township. 1. AUf3U~TUtI STREIN, Administrator. I uly 17 6tw 28 AU u IT 0 IV N NOTICE.—ESTATE OF Jacob Koch, late of Warwick twp., Lan caster county, dec'd.—The undersigned Audi tor. appointed to distribute the balance re maining to the hands of Hannah Koch, Ad ministratrix of said deceased, to and among those legally entitled to the same, will sit for that purpose on FRIDAY, the =Li of AUG UST, A. D., 1867, at 10 o'clock, A. ti., in the Court House, in the City of Lancaster, where all per sons interested in said distribution may at tend. JACOB KEMPER, Jy 31 Rw3ol Auditor. A DMINISTRATOR'S NOTICE. STAT E of Henry Mums, late of West Coc twp., dec'd.—Letters of administration with the will annexed on said estate having been granted to the undersigned : All persons in debted thereto are requested to make imme diate settlement, and those having claims or demands against the same, will present them without delay for settlement to the under signed, residing inF. said township. AUGUSTUS STREIN, jy 316tw:i0j Administrator. ACCOUNTS OF TRUST ESTATES, The accounts of the following named estates will be presented for confirmation on MONDAY, AUGUST 26th, 1867: John Stevenson's Estate, Wm. E. Ramsey, Trustee. itniuS Mohler's Estate, Jacob Kemper, As signee. - Elizabeth Garner's Estate, Wm. Mohn, Com mittee. Henrietta E. Llndemuth's Estate, Jacob K. Shenk, Trustee. Catharine Frey's Estate, George Kitch, Com mittee. John Sheaffer's Estate, Samuel Frey, Com mitteee. W. L. BEAR, Proth'y. Pacrrny's OFFICE, Lancaster July, 29, 1867. J3' 81 4tw 30 A NoTTIER WANT SUPPLIED. 21 Ladies often think and say that all in ventions and improvements in Macninery are supplied for men. The latest news from the Patent Office at Washington, is that Jacob K. Andrew. of East Lampeter township, this county has received letters patent for WindoW Btops, Suit the sash may be adjusted with Ose and pleasure, for washing, cleaning, glasing. &a 'Lhasa stops are well wo f r a n:attaation of all housekeepers. For rigtag, ad• dress thft Patentee at StrasbUrirr ► Pe. aug JeStw
Significant historical Pennsylvania newspapers