File:The Civil War - the national view (1906) (14762726545).jpg

Identifier: civilwarnational00thor (find matches)
Title: The Civil War : the national view
Year: 1906 (1900s)
Authors: Thorpe, Francis Newton, 1857-1926
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Publisher: Philadelphia : George Barrie & Sons
Contributing Library: Lincoln Financial Foundation Collection
Digitizing Sponsor: The Institute of Museum and Library Services through an Indiana State Library LSTA Grant

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ces, William Strong, of Pennsylvania,and Joseph P. Bradley, of New Jersey, held to the consti-tutionality of the legal tender acts. The decision wentfurther than in 1869 the dissenting opinion of the minorityhad gone. The Court now held that Congress could givethe quality of money to United States notes; that thepromise of the government to pay money was for the timeequivalent in value to gold and silver coin. Chief JusticeChase and three associate justices dissented, holding thatthe government could emit treasury notes as a means ofborrowing money but, under the Constitution, could makenothing but gold or silver a legal tender. Again, in 1883,the Court sustained the constitutionality of the act of 1878.Its earlier decision had held to the constitutionality of thelegal tender acts during the war, largely because of the warpowers of Congress under the Constitution; in 1883, itheld that Congress had power to enact the law of 1878 bywhich, in time of peace, the notes could be re-issued T
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Z J= ^ b/) f/> C ^ D c/i i> n k^ r, o o -T3O o: C ^ C/3 o U C/i o o V d < Oi V !<. ^ ^ -+-1 c o C j; W S c O -^ z Lhfc VD u , 7~ rt L. -o < THE FIRST YEAR OF THE WAR 257 and made a legal tender for the payment of private debts.In its later decision the Court followed the decisions ofChief Justice Marshall adverse to the power of the Statesto issue legal tender notes: that is, the United States canmake paper money a legal tender but a State cannot, adoctrine and decision, which, growing out of the definitionof the nature of the national government given by the CivilWar, goes far to overthrow the old doctrine of State sover-eignty on which the right of secession was said to rest. Thelegal tender acts which characterize the financial legislationof Congress during the War were a part of that wholelegislative movement which tended to and actually did over-throw the doctrine of State sovereignty and tended to estab-lish and did establish the doctrine of national sovereignty:t

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