Arguments of Counsel in the Court of Appeals of the State of New York: Upon the Power of Congress to Make United States Treasury Notes a Legal TenderWm. C. Bryant & Company, printer, 1863 - 239페이지 |
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16 페이지
... necessities demanded their use . Notwithstanding the abundance of legal - tender notes , the great money market of these States has only looked upon gold and silver as the stand- ard currency of the land . The Superintendent of the ...
... necessities demanded their use . Notwithstanding the abundance of legal - tender notes , the great money market of these States has only looked upon gold and silver as the stand- ard currency of the land . The Superintendent of the ...
19 페이지
... necessities of this Government are such that the exer- cise of so doubtful a prerogative shall be deemed necessary to ... necessity for breaking down the laws of this State , in order to sustain those of the general government . Should ...
... necessities of this Government are such that the exer- cise of so doubtful a prerogative shall be deemed necessary to ... necessity for breaking down the laws of this State , in order to sustain those of the general government . Should ...
25 페이지
... necessities . Into that field I shall not at present enter . I have been accustomed , through my whole professional life , to look to the text of the Constitution , to the known historical facts in which it had its origin , to the known ...
... necessities . Into that field I shall not at present enter . I have been accustomed , through my whole professional life , to look to the text of the Constitution , to the known historical facts in which it had its origin , to the known ...
27 페이지
... necessity , " as a guide to the exercise of constitutional powers . This exactly and rigorously is the issue . It is a direct collision between the legislative will of the State and the legislative will of the Fed- eral Government . It ...
... necessity , " as a guide to the exercise of constitutional powers . This exactly and rigorously is the issue . It is a direct collision between the legislative will of the State and the legislative will of the Fed- eral Government . It ...
29 페이지
... necessities whatso- ever . It cannot be that our political system does not contain within itself the means of bringing this pretension of the Federal power to the test of a definite rule . That system was no accidental arrangement in ...
... necessities whatso- ever . It cannot be that our political system does not contain within itself the means of bringing this pretension of the Federal power to the test of a definite rule . That system was no accidental arrangement in ...
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act of Congress argument Articles of Confederation authority bank notes Bank of England bills of attainder bills of credit borrow money clause coin money conceded Confederation Constitution and laws convention created creditor declared defendant delegated discharge dollars duty enacted ernment execution exercise exigencies existence express expressly give gold and silver gold or silver Gouverneur Morris granted gress Honors impairing the obligation implied power intended judgment judicial lawful money learned friend learned Judge legal tender notes legislative power Legislature maintain means measure ment nation necessary and proper necessity notes a legal opinion paper money payment of debts plaintiffs power of Congress power to issue prohibited proposition purpose question redeem their bills redemption reference respect securities silver coin sovereignty specie stitution submit Supreme Court tender in payment thereof thing tion treasury notes trust Union United United States notes Virginia plan words
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142 페이지 - 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.
142 페이지 - This provision is made in a constitution intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs.
77 페이지 - KNOW YE, That we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name, and in behalf, of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and Perpetual Union, and all and singular the matters and things therein contained.
142 페이지 - To have prescribed the means by which government should, in all future time, execute its powers, would have been to change, entirely, the character of the instrument, and give it the properties of a legal code. It would have been an unwise attempt to provide, by immutable rules, for exigencies which, if foreseen at all, must have been seen dimly, and which can be best provided for as they occur.
41 페이지 - Mr. Madison — Will it not be sufficient to prohibit the making them a tender? This will remove the temptation to emit them with unjust views; and promissory notes in that shape may, in some emergencies, be best.
210 페이지 - Congress the power to coerce a State into submission which is attempting to withdraw or has actually withdrawn from the Confederacy? If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and to make war against a State.
42 페이지 - Mr BUTLER, remarked that paper was a legal tender in no Country in Europe. He was urgent for disarming the Government of such a power. Mr MASON was still averse to tying the hands of the Legislature altogether. If there was no example in Europe as just remarked, it might be observed on the other side, that there was none in which the Government was restrained on this head. Mr READ, thought the words, if not struck out, would be as alarming as the mark of the Beast in Revelations. Mr LANGDON had rather...
172 페이지 - Constitution has intrusted Congress, exclusively, with the power of creating and regulating a currency of that description ; and the measures which were taken during the last session, in execution of the power, give every promise of success. The Bank of the United States has been organized under auspices the most favorable, and cannot fail to be an important auxiliary to those measures.
77 페이지 - And Whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union.
41 페이지 - Mr. Ellsworth thought this a favorable moment to shut and bar the door against paper money. The mischiefs of the various experiments which had been made were now fresh in the public mind and had excited the disgust of all the respectable part of America. By withholding the power from the new government, more friends of influence would be gained to it than by almost anything else. Paper money can in no case be necessary. Give the government credit and other resources will offer. The power may do harm,...