M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1864-11-17

humanity oA SAC
Tender LaW-DeCisiOn Of
the supreme Court Of Ind
lana.
A case has recently come before
the Courts OF Indiana, Identical in
its features with that OF ELLIOT CLARK
ys. MARY GRAHAM, recently decided
by Judge Fox, OF the Supreme Court
Of Cincinnati. HE6Es and another
gave a not to THAYEk, for five hum
dred dollars in gold. When the note
fell due, the promissors rendered the
promissee i've hundred dollars in
Government paper which The latter re-
fused, aud brought suit on his contract.
The Court below held the tender sui
acient, under tho act of Congress, oil
February 25, 1862, aud gave judg-
ment accordingly. OnappeaI, tina Su'
preme Court, in long and elaborate
opinion, held the opinion OF the Court
below to be erroneous but pro formd
affirmed it on the ground that the
question-upon the consttutionaIity
Of the act OF February 25-is now
pending in the Supreme Court OF the
United States, which is the proper
place for it's decision.
With all due Difference to the wis
dom of all the Courts is the world, we
find ourselves unable to see how the
act of February 25,-the legal tender
law-has anything to do with the
question raised by the contract under
consideration. Admitting that in re-
spect to ordinary money obligations
the tender law must govern, this can
not alter the rule that where a con-
tract is entered into for the delivery
of specific thing, the only tender
that can legally be taken to discharge
the same, is the thing specified in the
contract which for that purpose be-
comes the law regulating the tender
This view ol the case is made point
in the opinion OF the Court, and VIZ
copy from the Especial" Of the Od-
2ette, the sentences into which tha
portion of it is condensed:
"It is contended that we might de-
eide this cause on the ground that tn
suit is on note payable in specific
article. Such contract, sued OF
must De taken together. Gold il
used as an article OF merchandise, q
manufacture, &C., as well as for cur
Irency and standard Of value, and i
the deiendents can, by virtue OF th'
legal tender paper law discharge thei
promise to pay gold by paying pape
at it's face, which 10 less in value b,
more than half than the gold, then tn
obligation OF the contract has bee
impaired, and the plaintiff deprive
CT more than half his property with
out compensation. The Court cite
Story to shoy that courts Of eguit
may, E,on principles OF natural jus
tice, decree a specific performance {
J all bona Jfde contracts that the O0uI
: below might have done so in this cas-
: as both law aud equity are administer
I ed under the Indiana code, in on
r form OF proceeding"
While correct in it's conclusions U
! on this point, it is easy to see that tt
Court ol Indiana became a little el
tangled in Its learning. as Mr.. F.
e did in his ignorance. The case WI
= not one Tor a decree Of specific pei
e lormauce, aud the rules Ot the tW
s proceedings, although anaIogOus-b
d ing both allied to the general prime
q pies OF justice are not identities
:, The plaintiff, in his suit, did not set
k specific performance, but judgme
in damages for the loss accustomed
l. the defendants fault and Of gu
damages, the contract itself, tax
: together, supplies the rule. That
II certain in law which may be reduc
l. to a certainty aud the plaintiff "
entitled to damages according to t
D. value OF his gold in the market
:, the day when the judgment was re
20 dered.
e. To the public in general, hovev
Or the question of most Importance
It, that whether the obiigees OF NOR
ne contracts can be compelled to acc
re the treasury issues ofthe Uni
ne States in satisfaction Of the same q:
ne other words, whether the Act OF e,
ht gress Of February rs, 1862 is cons
oi tutional. Upon this point, in the
ey cision under notice, the opinion Of
Court is expressed unequivocally
re the negative. The reasons giveI
o COPIED with credit as above-are
ots follows:
|. 1t makes an article other Il
coin, and an article, as tubs used
a = no intrinsic value, legal tender mt
nd ey.
NJ Q. 1t inpairs the obligations
m, lcontracta. bv compelling creditors