Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-12-12
EVENING STAR,
Washington News and Gossip.

uoned frequently In connection with two posi-
hof $ ia the next administration. the state De-
Pai'nent ana the successorshIp TO Minister
johnson at the Court of St James Without
knowing what are Mr.. Summers views Wa
hazard the guess that the use of his name in
connection with either place has not been
helped forward either by b i'm self or his friends
1t probably comes from the general apprecio.
lion Of his fitness for such position The ex
PerIence ne has acquired as Chairman of the
Comm ittee on Foreign Affairs, his large knowl-
euge OIL antefRauolal law, his ripe scholarship
ano MS acq Haintance with the leading mpn of
Europe are qualifications that single him ont
as most eminently fitted to deal with inter-
national matters. But we doubt if he or his
friends for him, would deem it advisable for
MN 10 taKe either the cabinet premiership or
the mission TO England. Mr.. Summers posi-
uoh IN the senate is a singularly independent
and commanding one. He is much more his
own master than he would be in either Of the
other positions, where of course h. would he
Ooilged to act under instructions: a situation
mat would be exceedingly irksome to one W no
mas been used 10 assert his individ uality with
out let or hindrance. He will prefer, we take
~, TO remain at the post where his voice is so
potential In enunciating advanced ideas of
party progress.
The LEGAL TENDER CASES IN THE
SUPREME CoURT.-We have heretofore re-
| ferred TO what are called the legal.ten der
cases on trial in the Supreme Court of the
United States. The brief elaborated by ths
Attorney General in the Iegal-tender cases is
entitled An only two actions, but the argument
is intended to apply to all these cases before the
court, so far as they present the general ones.
non OF the constitutionalIty OF the ratute in
NoiVeo In bronson, executor, VS.. Rhodes.
the case is this Tender of currency was
made In January, 1e65, in satisfaction Of
mortgage given IN 1851, to secure the payment
el fourteen hundred dollars, ''in gold or silver
coin OF the United States, with interest in coin
&c The tender and discharge of the mortgage
Were refused, and proceedings were instituted
In tne supreme Court for Erie county, New
York, TO procure satisfaction. The judgement
OF the court was that the complainant ba dis
missed. Upon appeal 20 the general term of
the court that judgment was reversed, the
mortgage al Judged paid, an the defendant re-
quired TO satisfy il. Appeal was taken TO the
Court OF Appeals, where the Judgment OF the
general term was affirmed. "A writ OF error to
the supreme Court was then taken, upon
&hlcn the case Is now here. Mr..
Eyarts, IN his argument, submit. thar a
the regulation of legal tender by Congress Is
not an encroachment on any authority ON that
SUBJECT left an the States, and is within any
prohibition upon the Federal Government 10
be found in the Constitution, II must follow
either that the Constitution itsel! has fixed the
legal tender Of the country or that there is no
legal control OF the subject anywhere, which Is
equivalent TO saying that there is and can be NO
susb thing as legal tender in the country: or
that Congress has some authority in the prem
lses, and that authority whatever be It's meas
nTe) is the whole legal au thority on the subject
and ITS Legislation within that authority constI-
tuies the law OF The land on the subject. 1tIs
I manifest that the Constitution has not IN
terms fJed the legal tender of the country
IL Is equally manifest that II has not in terms
h1ed the money OF the country. This lat
ter regulation Is in terms enumerated among
the powers of Congress; and If the regu-
lation OF the money OF the country carries
IA" power OF regulating the legal tender in
fhf4n 'gnsy h l.,,
power ia that degree. If other enumerated
powers OF Congress carry, necessary or
proper means for their exercise, the regulation
G. the legal tender in any d. gree, then Con-
SreSs possesses that power 20 The reGulsite de-. /
fF.e. some general propositions submit
ted, and II Is then said, substance, thai, in !
aDy case, The fourteenth article of amendment
TO tAe Constitution has TatIfied the act OF Con-
gTe-s, and the validity Of this issue of the pub
lie oth'. 10 the tull measure of lis statutory .
quat!tes, can no longer he Questioned N The
courts This is the substance OF Mr.. Ev.lTtsi
argument, taken fron. an elaborate oElrf az
gued al length.
MEETING OF TIE BOARD OF MANAGERS oP
TIE NATIONAL SeLpIEEs' HoMR.-The Board
of Managers OF The National Asy ium tor Dis
abled Volunteer Soldiers met at the Office of
the Surgeon General, in this city, yes terday
There were present, MAJOR General Il. F. But
Ter. Mr.. Secretary Schofieid, Major General
j. H Hartindale of n. Y, ex-Goy. Frederick
Smyth VI N. H., Judge II. j.. Bond OF Mi
Hon. Lewis b. Gunckel of ONO. and Dr. B. b
Woloott OF Wis Reports from the several
asyluins showed that nearly 4,GO disabled SOL
diers were cared for during the past year. of
whom IaD belonged To the regular army; OF
these ia are blind and forty-sIx insane. A
consider able portion of thyse men have been
supported b. The board at State and @ her local
asyIums- but the board adopted measures to
Increase the accommo tatiOns at the asylnns
at Dayton. ONO, Augusta, Maine, and Mil
waukee. Wisconsin, SO hat after a little while
all the men can be cared for at the regular
asylums. where they can be more comfortably
kan- and hax no aAw 81 -.
brarles, reading rooms. amusement halls, tele-
graph and printing Offices, and mechanical
shops IN which 10 learn new trades adapted to
thei- peculiar disabilities, and from which
they Will be enabled 10 earn money with w hIch
10 all their dependent families. After making
the necessary appropriations, The board adj
lourLed.
THE MCCARDLE CAsE.-Af,er number of
unImpcrtant motions had been submitted 10
the Supreme Court Yesterday, Judge Black
asked leave TO be heard en- the qu es ton whether
the act OF Congress repeating the act of Febru-
ary >, l-65, giving to this Court jurisdiction on
appeal from judgment OF the Circuit Court
in kGteaS oOrIus cases, would have the effect 10
deprive this Court of Jurisdiction in this mar
ticular case; or whether the Court should not,
under the jurisdiction which had already at.
said there was Of course a difere ace of opinion
between himself and MIR. Carpenter on the
subject, ne being OF the opinion mat the repeal
did NOT affect This case, anu that judgment
should be pronounced, and Mr. Carpenter
taking the reverse view. After consultation by
the Court, the Chief Justice Announced that
the Court would hear argument on that point
leaving II TO counsel 20 agree upon the time.
II was subsequently, arranged that the argu.
ment should be made on the first Friday in
February next.
THE COMMITTEE ON FREEDNRN's APPAIRs
had meeting yesterday 10 consider the ques-
tiOn of continuing the Freedmens Bureau in
the States Of Virginia, Texas and Mississippi
General Howard. General Stoneman and Gov
ernor Wells were examined. The two last
named favored continuance of the bureau
General Howard was understood to oppose
the contin uance, uneQuivocally at first. but
modified his views after fully considering Gen.
eral Stonemans statement, and ii is probable
he will favor a limited continuance. Rumor
has il that majority Of the committee Is In
favor Of suspendirs the operations OF the bu-
reau every where
THE PENNSYLVANIA CCNGRxssIoNAL DEL.
rGArror had meeting on Thursday 10 make
arrangements aud dx upon time for formally
announcing the death of Mr.. Stevens
IN the House OF Representatives.
committee composed OF Messrs. Kelly, Covode,
and C-ke, were appointed 10 arrange a list Of