New-York daily tribune., 1863-10-28


ront m tie case ~ harrington v Poier Dycl, u :.
Ion a. Ate. the fall and dchascment NJ mcner, IN >
Ed vi debt was brought against eSeentor OF iesscV
e. years ioi rent arrears foi two years b"c Il ~
AZ Mich tenn I'd VI The lo4se Was dated On t.s
2lst Of November IN the thirty fret yearm henry WI
At the time the rent fell due, the srngs Nbic az we
time Tie action was brouoht were ecclief 10 .f "ele
current az I'D The defendort plcsde,sencei Of tue
rent &, the days when II w.s due III peas Moaoe
onsiied chiings and said mat every S-nns a.
the time Of the tsoder was payable fof I'd DuI I.
piaintG uor any for nin was ready 70 receive H.
and concludes that be is nncore brst 10 pay inc cui
roBcy iadiois pC.is uocdt shings s6cnH4"in 'ds a.
The plaintiff demnrred, but afterward acoerted TIC
money sccuRdnm ratum prcdctnn witnout costs or dau
ages II money be maze curren. W proclamation NJ
higher rate than its intrinsic value, crder IN srch
money according 20 its current yaue - goou. III
foreign coin be made current IN this Kingdom ny roch
nation tender in such money good for il thereby
becomes lawful money OF The kingdom. Bacon Ab.,
Tender b g vol. T. =. 325) IN obligation 70 payment
generally is DISCHARGED by rayment u efsI surtenc
Per Marshall Chief Justice, II L. :. '. Rooertsoh'
In Jemes =. s,nn % Barb. $50 affirmed in the Court
of Apneals ls52) It was held that where mortgage,
authorized the mo.gagee in case Of default 70
aud cell the mortgaeod premises according 70 law u
me ans the law in existence At The tune OF soie uot ,
In existence at the date Of the mortgage and thet law
n,sacd after the dnte Of the mortgage, prescribing
shorter tine Of sne than that existing at the date OF the
mortgage was not repugnant TO TIC Va .uo
United States inpa.rLy tic Obligation OF contracts
tsee also Conkey ys. Hai Kern. 81 Mason Vs. haiio
IL wheaton. 500
lra wed. therefore
act OF Cor Qress nnder consideration not obnoxious 70
the imputation that IL impairs the oohgaton oi con.
tracts The notes Of the respondents and the bono and
mortgage. were each payable In Lawful money OF tho
United States and we have by uniform current
OF authority that hat IS Law f9 money at tie tine OF pay
nent at the tno Of tender OF payment 10 the mwfui
money intended and referred to IN the obligation sgcn
money thus av ful at the time Of payment or tender
can be used 70 discharge the Obligation has uniyers'
ally been 60 held In ell cases where the coin has been
dcbased changed intermediate the date Of tie con-
! a 49, sr-a. ~
Take tie care 80 foroi6y put by one of the learned
counsel in this case II Was confended that the bond
stipulated for so mach gold H. however: speaks Of o
repayment Of 5000 Of lawful money Of tie United
States lie. tie theory BE- tested II debt was owing
o. e. O ard tho debtor rendered 10 bis creditor in
payment OF this 81 eagles struck and coLod before
le Which, 20 quantity and value Of gold contained
In them equal to 100 easlcs s.rncA and coined after
1884 would this be legal or lawful tender II the SUI.
fccney Of the tender consists IN The iaet o the amount
81 gOa tcndorcd . certainly would but II II IS 70 be
determined by tho amount Of lawful money. IL clearly
wou.d not f.e Cour, must hold tha, the debtor con.
tacied 10 pay the 81 CO., lawful money the United
States and that such obligation "a lot discharged ~ tho
payment Of ss.0i gold though those pieces tendersd
might contain the came amount and value o! gold &c
ST. coo Of lawful money in com contains.
| IL is the lawful money OF the United States. made
such by its authority that can only DO slectualy
used In layner, ol debts without reference 10 the
intrinsic value Of tie thing rendered or paid.
1t cannot but be matter OF congratulaton tlat our
Government, when II had Rebellion 10 put Gown
| far more formidable than that Of Tyrone. ~
/
British Government by debasing tie CON- and issuing
mixed money and mnkilg IL legal currency; awaited
itself Of It's constitutional right. ofssuing money on The
faith and oTed. q tho nation. for the redemption o.
which the whole property thereof IL pledged. slcl
money vii ultimately oc redeemed by the precious
metals on The RESUMPTION OF specie pay day no
fer distant We may lcpe i've read correctly tue aus
p.ciogs indications oi the times.
We have cIcesvored 20 bring 20 the consideration o
the question presented In these CAGES ell the dehoere
ton and care which is great importance demanded
l. Ia a ann Ia
control them have long been settled by the Supreme
Court Of tie United States ana that applying those
doctrines 10 the under consideration. tie result Il
inevitable and 20, doubtful Our aid has been invoked
declare unconstitutional and void act Of tho Con
,es Of the United States pa1sed ai.er grave dobcTs
t!on. With the concurrence Of some OF the mosi eminent
men Of the country, passed IN crisis Of na;ioDa
Affairs when IL was deemed by the Legislative anf
Executive Departments of tho Government vital 70 oui
national existence. No tribunal can approach such
question without deep u Its Importance AID q
the grave responsibility involved in its decision. We
fail 10 reflect upon the universally OF the rue
that whenever the const! ionaty Of Law Of Congress
or of State Legislature IA involved the legal presuinp
ton exists In favor OF It's validity There Is this dis
tincton 10 be made IN considering an act passed by The
Legislature of The state and passed by the Congress
of tie United States. In reference to State Law. the
question Of constitution ally depends upop whether
the act falls within any of tie express or Implied pro
hbiion. Of either the State National Constitutions
In passing upon TIE consitriona'y Of m act 81 Con
gress the question is whether the sc Is embraced
W.tn any oi ,no great powers expressly granted u
Congress- OF nay be inclGGcd among the mere nurer
Gus and inciscntI powers and tho means wElch ore
esnGaie and appropriate 70 carry these powers int
execution Lui H. both classes ofcascs The obvious alc
natural inerdmcnt must lie INDUCED IA favor oi t'
law arising rum the fact that It has received TIE np
proyal 10th oithe Legislative and Executive Depart
ncnis Of tho Government tic departments charged
With tie duty II making Avs the incnmbeEa OF wlca
Lave given tleiT sanction 20 tho law. GCtlns unde.
t. sense Il their Official possibility sad the obligations
Il on oath 20 surlcr. the Constitution IL IA. Therefore
w-llset,led ralc. prescribed In sd.rdged cases ioi
ihc seton ofthe Courts, Tint law which has beer
regularly enacted mus not be se, aside by The judiciary
raahy incorsdcr4toy or for light causes og because
they uny have doubts q. It. wisdom or necessity tAai
every doubtful to b. thrOvn IA aSor OF tie
law aad tha, 10 eau only be aJludyed void when rs
reruCuancy % the Constitution ~ plain ana clear.
/ Morris '. iAc People, Deao. 2.li cx parto Nc.
COLON. Cowcn 50i tlctoLer \. Ieck CTaneh. {. ,
Ogden =. Sanders. l. Wheat. ~. Adams " Howe. Is
/ Moss JfJJ
Chief justice Savage in ex psr,o MeCoilon (lgrsl.
Esforc tho court will deem Il their daiy declare
ofthe Lcsaaino unconstitutional GEO uu D. presented
\ IA which there can be ~ rsi!ona. Doubt
And CheiJusiieo Marthel in Fletcher v. PEEK
(tPgc) said
"ri.rot On .s, imrNes.ion .rd ysfrc cone ufe ia,
the Ler.siac y 10 be pronounced 70 n-,o usncnuel ~
power. sna IT, aei.to be eSa.l,i's 's; tle yl 10 ~
JUDGE ee!' e'i and sfonS ,oa''ioA 81 'ssi h,'"P
! billy with each oiher'
Jadec Lott. IN tie case o. Morris '. Tie People
(GuIS) SAID
, law 4 t.c seu.Iliy net c.e4gy d1l, ns rated
Ps.Acs C. j.. IN Adams '. Howe (srpre). sadi
We risusc a, much fe-Vcc s due 20 any esi'
iilye rcf ,olcuy vsfsed and admitted into ile statute
book tia, eouf oi .aw which LAY le c-'ed upon g
ac,ic s validity, will rsoaonee It 20 BE- constitutional IN
os e corgnr cesf' spqcss 20 laai n enl case ~ iu
tlaY 4d-,d the .lw ~i have tsi0fcs TIE irsssiu Is
ia s hri stance tie judge o IL own cesitu'oua pow os
anl only whom rluicai e1tumpon ~ eni4nii3 pi nus
fpp,i Of IL sta appear that IL Judicial qowe VII %
ie execute H. WieAosr such raso hllf rs ainos ss
the mp.ran, duties q o Judicial power TO declare he
/ invalG,y o. an e. 80 gusled"
a legislative act il not 10 he deolarei void upon =
mere conflict Of Interpretation between tle legislative
and judicial powers Before proceeding 10 annul by lu.
if. what enuefed az