The New York herald., 1863-06-06

ane6her for s-s Than ts value than hey could 10
o. ,aary ss.sases q government, ma nay 10 alo,hsr
view, however, this sson which - app ed g. c,n
raos made after the p plssage OF the hw m shI make
these biil pro diuIn of payment. lbc aoi de
Ca es them Ia be pwl money the United ssaes snd
~ sch ,ney might be- used Ia the payment Of dso's
which pay able n such lawful money. AID p, bapy
n Al cols coutr ,ctd ate the passage Of he act n tns
absence " SIT tor provsion OF he stats pressro
ing what should be legal enaer To- debis lido hot
deem IL necessary however to decide upon this ques'i
in the present clioa, there other 70 sons when
relieve IN from tho fprier examinath OF ihis orshcn
oil the Concedng that Congress has power 10
pass law making paper money iega tenVer, "
this statute retros ,ective a. oerttwn u ~ setiioa
principe the consruclin II statutes not 10 give them
such etationas will make thein ret ectiye,
uis the that II shall nave such an elect or
II Is worded that II can meaning lnsss II IS 50
applied. Ihe PROVISIONS this statute woud be satisfied
bs hodng to be sim ly prospective u It's operi'~h.
Upon conIracts made after Its passage less injustice woud
be done by enforcng It's PROVISIONS. fLcy were knn"n
whea such contracts were made, ami we nay concln 10
that they were made In reference To the statute bt 70
apply them 70 contracts made previ0ns 70 us ,sase
might work gr,ss injustice. aud should require 10
Statute clear expression OF thc intent o tie iefisae
be o such const' uc ion is alop'ea; reeresco ,ho
present condition o the currency will show at once scn
injustice. Contracts which were made when "a aud ai
ves ~ere .ho only 10 al means o payig debts. T"bl.
un1er application ol those provisi u.s. ne piyaoe ~
currency i1uch ess valuable In the marKot, sho u
many instances, especially OF contracts maze anroih
Id result In serious loss, not rum. In this sts
there eated decisions that cs u iegsi-
tnre should be construed operating pfospectvey
unh they clearly that contrary inter sioa
should be given them In Dash vs. ynnsiesck a Ioaa
Rep. All 503). IN j. Kent says "t r'n pc IN 'ae
Eaglish Commoo law. as ancient as the a" o .la
potent parliament is ma I, have
retrospective elec This was the doctrine as iaii doNn
by Bracton aud ke and ia G!more vs. Shulu q Nod,
3l9) received soiem gntion In se Court or King
Bencn. Various cited by the Chief Justice IA
that case and aucng others ths cse OF calder vs. Br
Court % Of the U,sd states speak IN Strong dsproSaon
al laws operating and that Of Ogden vs.
sAssedgs) where they 81 ss pa
vested right. In Quackeubish vs.. banks Il Denio
l2S, 1907, Bronson th. j.. says, when laws arc made
TO act upon paid transactions, they cannot tah y
wcrk injustice. And again, 1t Is well established rule
that statute shall DO construed SO as " give IL re
Prospect beyond the OF s0Dmmencement, and thero
many in the books where general words
prohensive those under consideration have been
stcted in their influence so as not &c reach past rasc
tions. In kunfer Kohnns Is Ill., 3l7) the same rule
Is recognized f0llowsI admit the value Of the rule
that general words 10 statute which may be satisfied by
It's passage should, in their application ba limited to the
latter" And In later case that OF Palmer vs. Cosey
Is 81 SAID . s ss sssas sb % a1
strued TO have retrospective operation without express
words to that effect either by an enumeration Of the
cases In which the act is to have such retrospective
operation, by words which have near-
Ing unless such construction is adopted. This
latter affirmed in the Court OF Appeals e. oOinst
the position that statute must not be construed so sso
be retrospective In it, operation II will bear any other
interpretation (See also Within HapsOcd IL Mass,
437 Eedford vs. Learned 10 Mass 2i6) There 10 n0th
ing 10 this act OF Congress making rstros The
WCFBlOnb VI sHo hW Will Oo Iuliy Cdrrle0 Out Dy COCs
lining It's operation made after tho passage OF
the law, II II should be hold that such power ID pos
sessed BY Congress TO make paper money under any
camstancss legal tender the payment debts,
these bs being made lawful money Of tho United states
become thereby the medium OF payment Of indebtedness
created after the passage Of the statu As the contract
In this case was made aud tho pigment under u matured
before the passage OF the aot OF February 25 1882 the
ais not Affected by the provisions 0: that statute
The tender, therefore, not sufficient and the de-
fendant is entitled 10 judgment.
Judge Peckham has also written elaborate opniln
concurring IN the views Of Judge InTaham.