question is concerned, the Government has an impart this quality is one of the powers which give to the Treasury-notes this quality will pre- deep to be viewed without anxiety, in favor of But, assuming that Judge Denio did not intend to impair the force of his admission that the General Government may at its pleasure issue its promises to pay, in the shape of the representative of money—a right clearly appur-munity.. An interest would thus be created, too tenant to the specific power "to borrow money on the credit of the United States"-the question ought to be considered whether this representative is not calculated to add to public and private embarrassment, if in case of war, when it is freely issued, it do not have imparted to it the chief quality of money-that of being tendWithout its possessing that erable for debts. function what would be its actual character? The State bank paper issued from before the adoption of the Constitution purported, as do some of the Treasury-notes, to be payable on demand, and they were generally so paid; but in a time of panic they were of no value in the payment of debts, and hence it was that, when in undoubted credit and great abundance, they tempted individuals throughout the length and breadth of the land to enter into contracts extensively, who afterward awakened to the dan-in question, and by means of which they were ger that these bills did not answer the purpose of performance when money was most wanted. It was this defect which imparted to the panic of 1836-37-long to be remembered-its extreme malignancy. Thousands of our noblest merchants were destroyed. Their destruction was due to the organic defect of our banking system, which allowed the issue of money to an extent that influenced the most sagacious men to enter heavily into contracts, which money did not answer the purpose of enabling them to perform their contracts at maturity. It did not constitute a tender for debts. It was a mere sham. Judge Denio admits that the General Government may entrap its citizens by issuing the representative, but denies the power to confer on it the attribute which will save the comIt thus appears that munity from destruction. the extreme State right doctrine now being combated would, in truth, produce an impracticable government for purposes of war: capable of going far enough to involve the unwary in pecunia--its debt-paying quality-is not one of the ry ruin, but incapable of extricating its finances from the danger which issuing the representative of money is sure to produce, if not endowed with the capacity which prevents its rejection by the community. We come now to the question whether to soon arrested. The British, says Bowen, in his able work, could not have taken Waterloo but for the influence of the commercial activity which prevailed in England. It was due to the act of 1797 which relieved the Bank of England of the necessity to redeem its bills in specie, and saved debtors from arrest who made these bills a tender for any debt. The power to conduct war, devolved upon the General Government, involves always the raising and expenditure of pecuniary means; but Judge Denio insists that but three modes of raising them are permitted by the Constitution-by taxation, by sale of the public lands, or by borrowing. The position that no other means exists is not founded on any express provision to that effect of the Constitution, but He supposes that impartis his own deduction from the general structure of that instrument. ing to the representative of money in war the quality which appropriately belongs to money measures which Congress may then resort to for raising pecuniary means, and this, notwithstanding that the terrible pressure of hostilities of taxation; notwithstanding that there are no will not enable it to wait for the slow process lenders within the precincts of the Government who have the requisite means, and that those | ated with respect to this question, having the official outside are unwilling to lend; and notwith-care of twenty-five millions of the property of his Mastanding that the public lands are not in de- jesty's subjects, and without the means of enforcing the mand during the turmoil and difficulties of payment of any part except in bank-notes." war. Lord Eldon was at this time Lord Chancellor, in the very height of power. Lord Brougham remarked of him that he did three-fourths of the governing of the country for a whole generation, and hence it can not be doubted that his observations as to the effect of the act of 1797 are accurate. The States which formed the old Confederation, both before and after that event, had made their own bills of credit a tender for debts, and it was clearly in the power of the Convention, which had immediately before it this example of what may be done by the legislative power in great emergencies, to have restricted It is unnecessary to refer very particularly the General Government from doing so equally to the example with respect to the forced cirwith the States; but the same reason for allow-culation of assignats by the revolutionary goving latitude to the General Government with ernment of France, and the issue of paper-monrespect to what might be tenderable for debts ey during wars by other European governments, in war-as it allowed with respect to contracts inasmuch as the example of the most opulent which we have seen may be annulled in war-nation of the world in 1797-the nation from undoubtedly influenced the Convention to waive which the spirit and tone of our institutions are the restriction as to the nation in both cases, most derived-is sufficient to show that it is a and to leave to Congress the right to resort to policy which in war can not always be avoided. this means of raising money in case of war, if no other were left. "I concede," says Judge Denio, "that it is not incumbent upon those who argue for the validity of the legal-tender clause to select any one express power, and to maintain that the provision is a legitimate execution of that power. They may group together any number of these grants of legisla- | tive authority, and if the right to enact that provision is fairly deducible from any or all of them their position is established.". ."The problem to be determined is, whether the relation of means and ends exists between them." It must also be not repugnant to the Constitution. We have seen that the Parliament of Great Britain, in 1797, relieved the Bank of England from the obligation to pay specie for its bills, and in the same act relieved from arrest all debtors who should tender its irredeemable bills for debts. Mr. Pitt, in supporting the original act, declared that it was not the intention of the Government to make the bills a legal tender; but they were so in effect, though | the act did not apply to proceedings of distraint. In 1811, Lord King having given notice to his tenants that he would no longer accept banknotes at their nominal and reduced value, Lord Stanhope introduced a resolution declaring it illegal to receive or give more than 21s. for a guinea, or less than 20s. for a one-pound note, and a bill was passed which enacts "that the taking of gold coin for more than its value, or bank-notes for less, shall be deemed a misdemeanor. Lord Eldon, in supporting this bill, remarked that "So long as it should be expedient to continue the Cash Suspension Act of 1797 this present bill must become a part of it, for otherwise there would be no equality in the situation of different contracting parties, nor would equal justice be dealt out to those who had an equal claim to it, as there could be no justice in leaving the tenant who had tendered bank-notes exposed to be distrained upon by his landlord, while the debtor in other cases who had tendered bank The events which preceded this act in English history, and those which preceded our act of February, 1862, were of like description. The measure in Great Britain was preceded by the shipment of coin to the Continent, and by attempts on the part of Napoleon to cripple the pecuniary resources of his great adversary. At a most gloomy period a meeting of the Privy Council was held, which took place on Sunday; and it is claimed that the only occasion on which his Majesty George III. violated the Sabbath was this important one. He attended the meeting in person. The high officers of the bank were also present, and the Council, on the strength of their representations, resolved that it was "indispensably necessary for the public service that the Directors of the Bank of England should forbear issuing any cash in payment until the sense of Parliament can be taken." On the meeting of Parliament immediately after Mr. Pitt carried his act to sustain this proceeding, and relieve debtors from arrest, against the opposition of Fox and Sheridan, and carried it by a large majority. The expulsion of coin from the United States had also happened, but yet Mr. Chase had been able to negotiate loans, chiefly through the banks in this city, until at last it seemed impossible to raise any funds for our armies then in the field. A meeting of bank directors was held in New York to consider the situation, when one of their number delivered a speech, of which the following is an extract: "We" (the banks) "are now loaded down with Government securities which we can not sell. Banks, as I have already stated, can act only as agents in great national loans. When our capitals are absorbed, as they now are, we can no longer aid the Government, The Government must suspend specie payments or we must, and it is only a question of a few more days' time as to who suspends first, and who shall hold the specie in our vaults. If we hold it, the people and the Government will be alike benefited. If the Government takes it, the whole will be expended and hoarded by a few people." It is difficult to conceive of a crisis more imnotes was exempt from arrest. I am peculiarly situ- | posing. The Secretary of the Treasury now Government, in some imminent crises when immense obligations were to be incurred, would need to be armed with all the power required to combine and array its forces against those of the enemy, and instead of fettering Congress with limited powers in this respect they bestowed them on a sufficient scale to effect the great objects of a firm national government. found that the principal of the only measures which Judge Denio says may be resorted to for maintaining our forces in the field bad failed. There had not been sufficient time to develop a system of taxation; the public lands were not then salable; and borrowing on the usual system had come to a sudden and certain end. According to this distinguished Judge, it would seem that there was but one policy left the withdrawal of our forces and submission to the demands of rebellion. But Mr. Chase wisely determined that, as Congress was wholly unrestricted as to the choice of means conducive to the great end of saving the Union, and as the powers of the General Government in war were equal to those of Great Britain, and rose with the occasion to a level with whatever exigency existed—that, indeed, they were supreme within the sphere of its action-de-resent a rich and powerful nation, the most so termined to cast aside the strait-jacket of extreme State Rights, and follow the spirit of the English example. The problem to be determined, says Judge Denio, is whether the relation of means and ends exists between them; that is to say, between the means employed and the end authorized to be accomplished. Does not the example of England show that this is one of the means resorted to in war to accomplish success. If a resort to this measure was compulsory on the proud aristocracy of England, who in part rep of modern history-she had not then reached her culmination-is it a stretch of reasoning to say that a nation less opulent, which had habitually expelled the precious metals as the fruit of an injudicious system; which had none to lend gold and silver within its borders, and no friends of that description in other countries; which could not raise funds in time from taxation or from the sale of its lands-that such a nation, suddenly confronted with a force that arrested the wonder of foreign people and led them to think division inevitable, is fully justified, in order to defend and perpetuate the national existence, in a resort to the means which enabled England to succeed against the First Napoleon? The power of Parliament is described by a bold figure as being omnipotent, and it is insisted upon that the powers which can be predicated of such a legislative body have no existence in ours. If Great Britain finds, as she conceived she did, great advantage from her policy of an irredeemable currency made in effect receivable for debts, and it amounts to a supreme necessity in a great war, we should be hopelessly exposed if, in an important conflict, we could not resort to the same means. If she found it to be a "necessary and proper" means for conducting her war, it may unquestionably be considered a 66 'necessary and proper" means for us. The bills made irredeemable by that power for over twenty years were those of a bank, and although, to use the language of Mr. Pitt, it is a great engine of state, its bills do No. VI.-WOMAN IN ENGLAND AND AMERICA. not equal in dignity those issued by the Government of the United States itself, and hence there is greater reason for making the latter an actual legal tender than there was for imparting this quality in effect to the bills of the Bank of England. It may be laid down as an axiom, that a people whose commercial dealings in peace are based mainly on the use of the ordinary representative of money, have no choice in a war of magnitude but to continue, and with all their power maintain, the circulation of paper promises. Although in some respects the powers of Congress are inferior to those of Parliament, yet, in respect to war and the regulation of commerce on a war basis, the powers of Congress arc, in the main, as full and complete as are those of any legislative body of any nation. There are no important limitations upon the powers of Congress in this respect, either express or implied. If this were not so we should be compelled to leave the arena of nations and sink down into a condition of inferiority. The Government would constitute "a splendid bauble." The great Generals and great men who formed the Convention knew full well that the ENGLISH PHOTOGRAPHS BY AN W° OMEN are worse treated in Great Britain than in any other civilized country. High or low, rich or poor, married or single, none of them escape from some of the disabil│ities, prejudices, and injustices from which their sex suffers. They are obliged to endure not only all the pains and penalties inflicted upon the women of other nations, but also certain special injuries and annoyances invented and practiced by Englishmen alone. Perhaps an American notices this state of affairs more quickly than other observers, because he comes from a country in which, according to the judgment of foreign critics, the women are treated too well. But the Americans do not believe that it is possible to be too kind to women. They hold that, while men may have been created "a little lower than the angels," women were formed upon a perfect equality with the celestial personages. Nor is this a mere sentimental belief, as immaterial as French politeness; it is carried into practical effect in a thousand ways, and to a great extent it modifies and mollifies the habits, customs, and manners of the people. The result is, as our critics tell us, that the American women are spoiled. But in En gland the case is even worse; for here the | ice being that of the stronger to the weaker, men are spoiled. In this age of vast educational experiments it would be an excellent plan to ship a few thousand Englishmen to the United States and marry them to American women, and bring a few thousand Americans here and marry them to Englishwomen. The experiment would probably be very beneficial to both countries; but it would certainly teach the bold Britons many facts in regard to women's rights and wrongs of which they are now in happy, unconscious, and selfish ignorance. They would discover that in America marriage is not simply a partnership to which the woman brings the most cash-capital, in which she does the hardest work, and from which she derives the least advantages, as is the case in England. In the United States the husband is the person who is expected to possess the money, or to earn it; and the wife is considered so precious and sufficient a treasure as to require no dowry but her own charms, and to deserve the life-long labors, sacrifices, and protection of her spouse without giving him any other return than her existence, and as much as she may see fit of her companionship. Every where, in public or private, the inexorable rule is, Place aux dames. The only institution in which men are still supreme is politics; but women are not yet allowed to vote because the great majority of them do not wish to yote. If they did wish it there would be no party in the United States rash enough to deny them the suffrage. The inferior position of Englishwomen is first apparent to a foreigner in a variety of little details. Returning from an early-morning ride, he notices the cottages of the working-people by the road-side. The women are up and about, making the fires, carrying the coals, opening the house, while the men are still snoring soundly. I should like to see an American husband wait for his wife, or an American son for his mother, to perform these matutinal functions. If he were not speedily bewigged by his own better-half, a more serious punishment would be adjudged him by a vigilance committee of neighboring housewives. Or breakfast is being prepared, and you notice the women buttering the bread so as to save their lords and masters the slightest unnecessary exertion. An American husband might eat dry bread forever if he were unwilling to butter it himself. Then you catch sight of a woman on her knees lacing or unlacing a man's boots. So menial a service would scandalize the best American wives. If an Englishman want a pipe, it is the woman who fills it and hands him the light; if his pot need replenishing, it is the woman who procures and pours out the ale; if there be an errand to be done, it is the woman who trots off while the man loafs or rests at home. In short, Englishwomen belonging to what are called the lower classes are evidently the servants of the men, while in America the men are as evidently the servants of the women, only that this latter serv never seems like servitude, even in the humblest families, but takes the nobler forms of politeness, solicitude, and duty. But this sketch has darker tints. These lower-class women not only perform menial services, but they are treated far worse than any other servants in the world. Many of them are married only in name. From various causes, but mainly from lack of education, the marriage-rites are lightly esteemed by these poor women-or rather not by the women, who would give almost their lives for honest marriage-lines, but by their fathers and the fathers of their children. As among the negroes of the South before emancipation, a man and woman agree to live together; their relatives, friends, and neighbors acknowledge the implied relationship by calling the woman “Mrs.,” and the upper classes care nothing about it, since it does not immediately concern them, and is pretty sure to provide another generation of laborers for the work of the future. In the South emancipation had to be attended by the solemnization of thousands of marriages, which might have been made in heaven years before, but had not been legally ratified on earth; and so in England, any genuine reform among the lower orders will have to be commenced by a joint crusade of clergymen and teachers-the former for the parents, the latter for the children. At present, all concerned accept the situation; the unmarried couples congratulate themselves upon having saved the parson's fees, and spend more than the fees in drink to celebrate their economy; and the women, having lost their virtue, often find themselves linked with brutes who had no virtue of their own to lose, and who soon deprive them of every comfort in life. Even when things turn out better than this, the man never treats his mistress quite so well as he would his wife. He feels that she has no hold upon him, while he has every hold upon her. The language he uses to her is colored with this conscious superiority. If she offend him he knocks her down or beats her, and she has no redress, fearing to go to the magistrate lest she should thereby lose a home. If she be his wife her tongue is tied quite as tightly; for then she is obliged to go home to him to suffer fresh brutalities. I do not say that all the laboring class of Englishmen are drunkards, but the most of them drink too much, and they drink a poison of which the women feel the dire effects. The women drink also, and society countenances them in this vice. To see an English ale-house or gin-palace, with the women standing up at the counter and behind the counter, is a positive shock to a stranger. Nowhere else can you meet so disgusting a sight, so brutalizing a custom. On the Continent women are to be seen sitting in cafés or bier-gartens, and sharing their light wine, coffee, or chocolate with male friends; but nowhere on the Continent is there such a licensed Pande monium as an English bar. In America the real attractions of the Club to its frequenters drinking-saloons are countless; but in none of are the display of almost nude women in groups them would a woman be permitted to enter and upon the stage, and the orgies behind the scenes call for a drink. There is no express law after the performance. Yet this den, which against the admittance of women, but there would not be allowed to exist in any other city, is the unwritten law of public opinion that is regularly licensed for the sale of liquors and would punish, not only the woman who in- as a place of amusement. This is an English fringed it, but the proprietor of the bar-room custom. In a prominent part of Holborn, and in which such an outrage upon decency oc- in a street at the head of the Haymarket, are curred. A drunken woman is a rarity in every two dancing-saloons, called respectively the Asother country; but in England this woeful spec-sembly Rooms and the Argyle Rooms. A few tacle is as common as the rain. silly people are sometimes to be seen dancing in Custom may blind the eyes and deafen the these rooms; but the object of their existence ears of Englishmen to the sights and sounds is to afford a rendezvous for the courtesans of of vice among women that startle the foreigner London and their admirers, who flock there at every turn; but this monster, Custom, is a every evening, from ten o'clock to twelve. Yet part of the ill-treatment of Englishwomen. No these places are regularly licensed, and policeman has a right to accustom himself to crime. men, who know every woman in the rooms to Custom permits women to drink gin at public be a courtesan and a vagrant, are stationed houses in the most frequented streets. Custom there to protect the premises and the proprioadmits women, unattended, to the upper galler-tors. This is another English custom, based, ies of all the theatres. Custom permits prosti- however, upon Continental models. In various tutes to take entire possession of the Haymar-side-streets about Leicester Square are little ket and its vicinity after ten o'clock at night. shops, with grated openings in the doors and Custom opens dance-houses and promenade con- porters standing without. To these the courtocerts for the express accommodation of pros- sans resort after their other haunts are shut, titutes, although the authorities who license and there they can obtain a drink, a supper, a them know that they are simply places of as- customer, and, if necessary, a bed. These foul signation. Custom sets apart certain districts nests are also regularly licensed, and, indeed, of London for the residences of lewd women. have a special license authorizing them to keep Custom keeps open night-houses, in order that open an hour later than the taverns-a priviprostitutes may be able to get drunk after the lege which they contrive to extend to any hour regular taverns have closed at midnight. Cus- they like. The police are as well acquainted tom is responsible for all this; but Englishmen with Rose's and Coney's as with their own staare responsible for the custom. The police tion-houses; they fully understand what is goand the magistrates are powerless to suppress ing on inside, and sometimes they make domimany acknowledged haunts of vice in England, ciliary visits; but their approach is announced because there is no public opinion to sustain by a watchful sentinel, and they conveniently them. Nay, as public opinion can not be neu-argue that if they see nobody there can be notral, it tacitly declares itself in favor of vice, and forces the police and the magistrates to aid and abet the very institutions they were created to annihilate. In other countries crime hides itself from the eyes of the policeman and trembles at the very name of a magistrate. In England it puts itself under the protection of the law, and transforms the law's officials into its own agents and instruments. The police mount guard in order that nobody may interfere with the criminal, and the magistrates actually assist him to collect his infamous dues from his victims. In Leicester Square there is a place called the Judge and Jury Club. The authorities can not be ignorant of its existence, for there Finlen, the agitator, used to be employed, and this fact has been mentioned both in Parliament and the press. Besides, a policeman politely pointed it out to me when I was seeing the sights of London. The authorities know also that this is a model-artist exhibition, for the fact is advertised liberally. The Judge and Jury part of the business is a burlesque of an English trial, in which the judge, lawyers, and witnesses endeavor to surpass each other in verbal filth and physical vulgarity; but the body to be seen; although half-emptied glasses adorn the tables, hats, shawls, and coats are strewn about the floor, and scarcely whispered conversations are audible from behind the opposite doors. This is another English custom; and if a new or overzealous officer does any thing to disturb it, the magistrate rebukes him the next morning by discharging the offended offender on his own recognizances. The If, as is universally admitted, prostitution is the worst fate that can befall a woman, then those who not only allow but practically legalize prostitution are women's worst enemies. English are guilty of this sin. They are more guilty, and guilty in a more brutal manner, than any other civilized people. In France, it is true, prostitutes are licensed; but they are numbered, classified, and regulated, like convicts; they are restricted to certain houses, streets, and hours; they are made to feel that they are odious. In Italy, Spain, Germany, America-in every country, alas !—prostitution exists; but it is under the rose, it is an outcast, it is hunted down whenever it shows itself too conspicuously. But the English present the prostitutes with the freedom of the city, as if they were honored guests. Respectable peo |