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History of the Currency, 1848 - 1873 by Walter G. Watt, 1898

History of the Currency, 1848 - 1873 by Walter G. Watt, 1898, Page 30

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28. necessity," and it may be that he thought it better to overstep the bounds of the Constitution rather than see, as he though, the Union dismembered. In 1872 in the cases of Knox v Lee and Parker v Davis the Supreme Court by a vote of 5 to 4 reversed the position it had taken in Hepburn v Griswold as to the constitutionality of the legal tender act; and again in 1884 in Julliard v Greenman it sustained the position it had taken in the two cases just named, Jusice Field alone dissenting and holding to the position he had taken in the earlier cases. In the discussions of the bill in Congress nearly all of those who defended the constitutionality of the act did so no on the ground of the power of Congress to regular commerce, or carry on war, or both of these. In Knox v Lee and Parker v Davis the power of Congress to make treasury notes a legal tender is made to rest on the general power of Congress to legislate for the welfare of the country as deduced from a number of the powers delegated to that body rather
 
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