324 



CONGKESS, U. S. 



preme Court have settled certain principles 

 with regard to the power of Congress over 

 measures not expressly enumerated in the Con- 

 stitution. The principle is, that where any- 

 thing is necessary to carry into effect the grant- 

 ed power it is constitutional. The eighth section 

 of the first article of the Constitution gives 

 Congress power 



To make all laws which may be necessary and 

 proper to carry into execution the foregoing powers, 

 and all other powers vested by this Constitution in the 

 United States or in any department or officer thereof. 



" The Constitution nowhere gives Congress 

 power to create corporations or to establish a 

 hank of the United States. But as Congress 

 had power to regulate commerce, and to regu- 

 late the value of coin, and it deemed the estab- 

 lishment of a bank necessary to effectuate those 

 powers, the Supreme Court pronounced it con- 

 stitutional. In short, whenever any Jaw is ne- 

 cessary and proper to carry into execution any 

 delegated power, such law is valid. That ne- 

 cessity need not be absolute, inevitable, and 

 overwhelming if it be useful, expedient, prof- 

 itable, the necessity is within the constitutional 

 meaning. Whether such necessity exists is 

 solely for the decision of Congress. Their 

 judgment is absolute and conclusive. If Con- 

 gress should decide this measure to be neces- 

 sary to a granted power, no department of the 

 Government can rejudge it. The Supreme 

 Court might think the judgment of Congress 

 erroneous, but they could not review ife. Now, 

 it is for Congress to determine whether this 

 bill is necessary ' to raise and support armies 

 and navies, to borrow money, and provide for 

 the general welfare.' They are all granted 

 powers. It is for those who think that it is not 

 'necessary,, useful, proper,' to propose some 

 better means, and vote against this ; if a major- 

 ity think otherwise, its constitutionality is es- 

 tablished." 



The bill subsequently passed the House by 

 the following vote : 



YEAS. Messrs. Aldrich, Alley, Arnold, Ashley, Bab- 

 bitt, Goldsmith F. Bailey, Joseph Baily, Baker, Beaman, 

 Biugham, Francis P. B'lair, Jacob B. Blair, Samuel S. 

 Blair, Blake, Buffinton, Burnham, Campbell, Chamber- 

 hn, Clark, Colfax, Cutler, Davis, Delano, Delaplaine, 

 Duell Dunn, Edgerton, Edwards, Ely, Fenton, Fessen- 

 den, Fisher, Franchot, Frank, Gooch, Granger. Gurley, 

 Haight, Hale, Hanchett, Harrison, Hickman, Hooper, 

 Hutching, Julian, Kelley, Francis W. Kellogg, William 

 Kellogg Kilhneer, Lansjng, Leary, Loomis, McKean, 

 Mcknight, McPherson, Marston, Maynard, Mitchell, 

 Moorhead, Anson P. Morrill, Nugen, Olin, Patton 

 Timothy G. Phelps, Pike, Price, Alexander H. Rice 

 John H. Rice, Riddle, James S. Rollins, Sargent, 

 bhanks, Shellabarger, Sherman, Sloan, Spaulding 

 John B. Steele, Stevens, Trimble, Trowbridge, Upton 

 Van Horn, Van Valkenburgh, Van Wyck Verree 

 Wall, Wallace, Charles W. Walton, Whaley, Albert S.' 

 White, Wilson, Windom, and Worcester 93. 



NATS. Messrs. Ancona, Baxter, Biddle, George H. 

 Browne, Cobb, Frederick A. Conkling, Roscoe Conk- 

 ling, Conway, Corning, Cox, Cravens, Crisfield, Diven, 

 Dunlap, Eliot, English, Goodwin, Grider, Harding, 

 Holman, Horton, Johnson, Knapp, Law, Lazear, Love- 

 joy, Mallory, May, Menzies, Justin S. Morrill, Morris, 

 Nixon, Noble, Norton. Odell, Pendleton, Perry, Pome- 



roy, Porter, Richardson, Robinson, Edward H. Rollins 

 Sedgwick, Sheffield, Shiel, William G. Steele, Stratton, 

 Benjamin F. Thomas, Francis Thomas, Train, Vallan- 

 digham, Voorhees, Wadsworth, E. P. Walton, Ward 

 Webster, Chilton A. White, Wicklifle, and Wright 59! 



On the 12th of February the bill came up in 

 the Senate. 



Mr. Fessenden, of Maine, having explained 

 its features, thus argued the constitutionality 

 of the legal tender clause : " The ground upon 

 which this clause making these notes a legal 

 tender is put, I have already stated. It is put 

 upon the ground of absolute, overwhelming 

 necessity; that the Government has now ar- 

 rived at that point when it must have funds, 

 and those funds are not to be obtained from 

 ordinary sources, or from any of the expedients 

 to which we have heretofore had recourse, and 

 therefore this new, anomalous, and remarkable 

 provision must be resorted to in order to enable 

 the Government to pay off the debt that it now 

 owes, and afford circulation which will be avail- 

 able for other purposes. The question then is, 

 Does the necessity exist? That is a question 

 which I propose in some degree to discuss, be- 

 cause I admit fully and decidedly that the Gov- 

 ernment, or the country, rather, is to be sus- 

 tained in its present undertaking, and that we 

 are bound to obtain the means to effect that 

 object. If the necessity exists, I have no hes- 

 itation upon the subject, and shall have none. 

 If there is nothing left for us to do but that, 

 and that will effect the object, I am perfectly 

 willing to do that." 



Mr. Collamer, of Vermont, replied: "If I 

 understand him, he says that if there is a neces- 

 sity for the issuing of this paper and making 

 it a legal tender, he is ready to vote for it. I 

 differ from the Senator there, to begin with. 

 I do not know how other members of the Sen- 

 ate look upon the obligation of their oath to 

 support the Constitution of the United States. 

 To me it is an oath registered in heaven as 

 well as upon earth, and there is no necessity 

 that in my estimation will justify me in the 

 breach of it. I think those men who are now 

 risking their lives upon the high places of the 

 field to support the Constitution, are not to be 

 treated in this hall by us with the concession 

 that we are ready, if the necessity calls for it, 

 to break it. All that our rebel enemies are en- 

 gaged in is the overthrow of the Constitution, 

 and all that we are contending for is its main- 

 tenance and preservation. Let the necessity 

 be what it may, I cannot disregard the obliga- 

 tion of my oath to support the Constitution ; 

 and it is mainly with a view to ascertain what 

 is the true meaning of the Constitution upon 

 this subject that my remarks are presented, 

 though other things will run parallel with that 

 tending to the same result. 



" But, sir the more important feature to 

 which I wish to call attention is that the bill 

 proposes to make these notes a legal tender in 

 payment of private debts between man and 

 man, with which the Government has nothing 



