1884]

LEGAL TENDER DECISION.

737

words of designation or general description, marks the outlines of the powers granted to the National Legislature, but it does not undertake with the precision and detail of a code of laws to enumerate the subdivisions of those powers or to specify all the means by which they may be carried into execution. Chief Justice Marshall, after dwelling upon this view, as required by the very nature of the Constitution, by the language in which it is framed, by the limitations upon the general powers of Congress introduced in the ninth section of the first article, and by the omission to use any restrictive term which might prevent its receiving a fair and just interpretation, added these emphatic words: "In considering this question, then, we must never forget that it is a constitution we are expounding " (4 Wheat. 407. See, also, p. 415).

. . In McCulloch vs. Maryland he more fully developed the same view, concluding thus: We admit, as all must admit, that the powers of the Government are limited, and that its limits are not to be transcended. But 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 carried into execution, which will enable that body to perform the high duties assigned to it in the manner most beneficial.to the people. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional" (4 Wheat. 421).

The rule of interpretation thus laid down has been constantly adhered to and acted on by this court, and was accepted as expressing the true test by all the judges who took part in the former discussions of the power of Congress to make the treasury notes of the United States a legal tender in payment of private debts. . .

It appears to us to follow, as a logical and necessary consequence, that Congress has the power to issue the obligations of the United States in such form, and to impress upon them such qualities as currency for the purchase of merchandise and the payment of debts, as accord with the usage of sovereign governments. The power, as incident to the power of borrowing money and issuing bills or notes of the Government for money borrowed, of impressing upon those bills or notes the quality of being a legal tender for the payment of private debts, was a power universally understood to belong to sovereignty, in Europe and America, at the time of the framing and adoption of the Constitution of the United States. The governments of Europe, acting through the monarch or the legislature, according to the distribution of powers under their respective constitutions, had and have as sovereign a power of issuing paper money as of stamping coin. This power has been distinctly recognized in an important modern case, ably argued and fully considered, in which the Emperor of Austria, as King of Hungary, obtained from the English Court of Chancery an injunction against the issue in England, without his license, of notes

purporting to be public paper money of Hungary (Austria vs. Day, 2 Giff. 628, and 3 D. F. & J. 217). The power of issuing bills of credit, and making them, at the discretion of the legisla ture, a tender in payment of private debts, had long been exercised in this country by the several Colonies and States; and during the Revolutionary War the States, upon the recommendation of the Congress of the Confederation, had made the bills issued by Congress a legal tender (see Craig vs. Missouri, 4 Pet. 435, 453; Briscoe vs. Bank of Kentucky, II Pet. 257. 313, 334-336; Legal Tender Cases, 12 Wall. 557, 558, 622; Phillips on American Paper Currency, passim). The exercise of this power not being prohibited to Congress by the Constitution, it is included in the power expressly granted to borrow money on the credit of the United States. . .

INDEX.

All figures in the following Index in heavy-face type refer to
The Federalist proper.

All references after which an n is placed refer to the Editor's
notes to The Federalist.

All references after which a c is placed refer to the Constitu-
tion of the United States.

All references in Roman numerals are a key to the introduction
and to the preliminary material.

All other references are to the matter contained in the Appen-
dix, the Constitution of the United States excepted.

INDEX.

American People-Continued.
447; Superior to their own
representatives, 521; Right
of, to alter or abolish govern- 1
ment, 522; Recognition of,
in Preamble of Constitution,
573; Will be watchful of
National Government, 577;
Equal privileges under Con-
federation, 591; Right of, to
assemble and petition for
redress of grievances shall
not be abridged by Congress,
622c; Right of, to keep and
bear arms shall not be in-
fringed, 622c; Right of, to be
secure in persons, houses,
papers, and effects against
unreasonable searches and
seizures shall not be violated,
622c; The rights in the Con-
stitution shall not be held to
deny or disparage others re-
tained by, 625c; Powers not
delegated to the United
States, nor prohibited to the
States, are reserved to the
States or to the, 625c; Rights
of: Proposed amendment con-
cerning, 635, 639, 646; Free-
dom of assembly of: Proposed
amendment concerning, 636,
641, 647; Right of, to reas-
sume government: Proposed
amendment concerning, 639;
Governmental acts to run in
name of Proposed amend-
ment concerning, 644; Right
of, to establish fundamental
laws, 687; Formed the Con-
stitution, 700; National Gov-
ernment acts directly upon,
701; Synonymous with citi-
zens, 709; Sovereignty of, 709.
American System: Idea of one,
70-72.

Amphictyonic Confederacy: Ac-
count of, 108, 237; Analogy
of, to American Confedera-
tion, 109.

Annapolis Convention: Recom-
mendations of, 253, 257.
Anne, Queen, 22.

741

Anti-Federalists (see also Strict
Constructionists):

In New
York, xx, xxi; Triumph of, in
New York election, xxv; A
land-holding party, xxvi;
Driven from polls in New
York City, xxvi; Forced to
ratify Constitution in New
York, xxvi; One motive of,
38; Error in the nature of
attacks of, 148; The princi-
ples of, destructive of all
government, 163; Objection
of, to Federal taxation, 195;
Want of fairness in publica-
tions of, 228, 447, 582; Lack
of accord in objections of,
to Constitution, 240, 241; Be-
tray themselves in objections
to standing army, 265; Do
not consider people in rela-
tion to Constitution, 310.
Appeals to the People: Dangers
and inconveniences attend-
ing, 335-337; Objections to
periodical, 339–342.
Appellate Jurisdiction: Meaning
of, 547; No impediment to
appeal from State courts to
inferior National courts, 554;
In what cases the Supreme
Court shall have, 617c.
Appointment (see also Civil

Service; Office-holders): Con-
gressional assumption of,
xvi, 329n; Presidential
power of, 463, 505; New York
system of, 464, 472, 513; Fre-
quent Presidential changes
will produce mutability in,
482; Constitutional clause re-
garding, commended, 505;
Possible systems of, 505; Im-
portance of responsibility in,
506; Possible favoritism in,
506, 508-9; Danger of bar-
gains over, 507; President
should be solely concerned
in, 507; As a means of secur-
ing legislation, 507, 509; No
advantage for Senate to neg-
ative, 508; Congressmen ex-
cluded from, 510; Early non-
partisan system of, 511N;
Growth of partisan, 512n;