New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-10-05


iaat, sst JAS. ). Roosevelt, Respondent
Ex0TT, 1.-The magnitude Of the interests
depending upon the ultimate decision Of these cases. ana
The momentous principles which they involve justify In
my opinion expression by any Indigo who either CON
ours In or dissents from the Judgment now to DC pro-
u0unced Of the reasons Which may Iced him 10 MS con
ciusion will attempt to state my views OF the GASES
with all possible breyiiy lconsidei inc question pre-
seAte to be the same IN each Of the CAGES In the case
of Meyer agt Roosevelt the plaintiff Is the owner Of
certain lands upon which the defendant holds mort
raee made in 1854 and which is past due The owner
of the equity of redemption desiring to cancel and
move this REMEMBRANCE rendered payment 10 the holder
of the amount due thereon. This tender was made ~
the notes Of the United states Government issued undOr
the act O Congress passed February % 1862 and which
by the provisions Of that act expressly declared 10
be lawful money ard a legal tender IN payment Of al
debts. public and private Tho tender was refused and
this suit is brought by submission under the Code for
determination whether Congress possesses the power ~
make these notes legal teNGcr ana whether upon ther
receipt the defendant mnst cancel and surrender his
bond and mortgage, or WLether payment 'Gh ON! DC
made in gold and silver. Tie bond and mortgage are
set out liz the case and DTc IN al ordinary orrl IAe
bond declares that the ohgor is bouad 10 te oseee IN
the sum of $1,000 lawful money OF tue United States
for which payment he binds himself his heirs &c. The
condition is that If The Ohliscr pay to TIE ohGee seeV
by DIR set with interest tie obligation Is 20 be VoO
is an ordinary nsrains nj 1 .ae pa}nsht Of mo.e,.
payable IL lawful money. OF IN That NAicA is tehu'i
Tor the pay Den Of debts 10y t'e laws OF the country
The act OF Congress maktS tie treasury notes issued
under its prov isous such te.oci and me question IS
whether Congress possesses The power to pass snVh an
act. This is simply question whether Congress may
constituiiOnsly make any thing bGt gold aha silver a
tender in tie payment Cf private debts, or may pre-
scribe what shah bs tender ir the payment OF sIch
debts. II is iEM0ieii3l that when t1s coar.ci WAS
made nothing but god ana SILVER vas such tender
Congress bas power 20 authorize ten0er in die eni
sort Of money.
II is said that The act making these Government
NOr.ss fually q ,-..p4f
this and other debts contracted before .s passage Is
unconstitutional as importing Tie oaisaiion e con.
tracts. The opinion has Dsen expressed and wond Sc
70 be well sustained, tn. the states Only ana not the
Federal GoveramoEi. ole Ntu0el ny tie Constitution
to pase laws imp irlLs tAe ODis.sioA OF contracts
However this may he, II Ills ac OF Congress is open l.
no other exception. c.nE0i Dc successfully IDpedeAed
for imparing tine contracts between debsos ana cen
tors 10 which IL mny oll! lie contact 81 nc o,s9i
IN tins bond was saapJ t. py the amount stpL.aied,
many dollars A. the iAilHi money Of TIE coAA-it
that is in that which SHOULD h. is Ia ini money NAen
such payment was due Il vas hot either II terms oT
In effect contract IuT the delivery OF the rCtllu O. 80
much gold silver. excsIs as tt Wss lHofed! - TIE
idea Of pay men, o. TIE dest Nic SuiG vas me oHn
medium IN wA!ci cebis cou4L ne ialA. bVu epu s4N'i
coin and money are -. necessarily cohfeIlule terms
The latter is used Al NaIoUS senses. ana hts va
rious shades OF meaning. u j. gcneIly tAe feFI rssB
alive OF values &c instrument OF exchange I-slt
Is X part oil coraot 81 debt made ri one time ior
tire repay mem OF none! 90 'noiel iAat sis itile
sentative instrument slolH possess the sane q
changeabe yalae the q ae pult ias4ns poNtI IL ie
time OF pa meat al tie i1ae q nculihs Che deyt
al that tie olt-or contracts 10 90 ID y Ittda "a "s
creditor IL dollars anO ceLt 20 uc- o. ~ las rev 'ta
and the advance and yleri ale Ake 70 ot maze D.
that which, BY coIyr.. 90 aH4 NLl at nfi - lnAHe
The medium u account ard p7,mclt. Ile Onls qlcs.
tiOu heI1 IL wLetl,E. Jl-e t- Olstit-on %. lie l.
ted States C0asres h1s tLe power 90 make notes O.
bills issued by ne Go7er lca, such medium and tn
Der in payment q. ocDis
and Leather Bsnk ecsi,st ic 1ant SularlnenCt1t ae
plaintiffs, two banking ssoci' ont in zoe City ~ New
York. were required d! i,ru tenaid. 20 ItN o. re-
@ b !. y