The Portland daily press., 1869-03-06
ernss $500 per onmass,s, a,s adranee.
Letter from Washington.
WASHINGTON, March 2, 1862.
THE LEGAL TENDER SUITS.

1t would appear that the Supreme Court n
endeavoring to let US down easy before de-
claring the Legal Tender act unconstitu-
tional, at least that is the opinion of the
shrewdest lawyers. In the recent Bronson
decision the court announced that a con-
tract specifying gold as the mode Of payment
was valid and must be observed. The legal
tender provision has been claimed by its sup
porters as invalidating all such contracts. 1t
is affirmed by many that the effect of this
special decision is general in character.
though apparently relating to distinct and
and separate case.
yesterday the Chief Justice delivered the
decision in the case of Thomas C. Butler vs..
benjamin >. Horwitz, an appeal from the
Court of Common Pleas for Baltimore. the
suit oeing Tor breach OF covenant for paw
ment OF rent on a lease of certain premises
to the city OF Baltimore, made in 1891 for
ninety-nine years, the covenant recurring
that said rent should be paid in English gold.
en- guineas. The Court decided that the
principles established in the lately decided
casa of Bronson VS.. Rhodes must rule this
case also. That the obvious intent of the
covenant was to secure the payment of a
certain rent in gold and silver, and that it
was the duty of the Court to enforce the
fulfilment of the contract. The Court de-
clded that not only must the rent be paid in
gold and silver, but also the damages for the
non-ful6lment of contract must be assessed
in coin. In delivering the opinion Chief
justice Chase said that it was not necessary
to express any opinion whether the acts
making United States notes legal tender
were constitutional or not, but the Court
would assume for the present that these acts
were constitutional. The acts creating legal
tenders, the Court held, do not prohibit
but by strong implication, sanction the max
ing of contracts for the payment or delivery
of coin.
Whether justly or not, Democratic lawyers
and Others also, are counting these cases az
certain proofs that the court will eventually
decide against the legal tender act.
REMOVAL OF DIsABILITIEs-A VIRGINIA
JUDGE.
Recently the House passed bill relieving
number ofpersons from political disabilities.
The Senate however insisted upon putting in
doubtful names-among others those of two
Virginia Judges,-Parker and Shackleford
The former is most notable as the man
who tried Tor rather pretended toy, Captain
John Brown. Conversing to day with the
young and gallant Gen. George A. Hoyt, of
Kansas, who will be remembered as the
brave and talented young Boston lawyer who
went to Virginia TO defend his friend--the
old hero OF Harpers Ferry,-he told me a
number of facts as evidence of the Jeffries-
like character of the Judge. Gen. Hoyt on
arriving at Charleston, Va, was disappoint-
ed at not finding Messrs. Chiffon and Girls.
void, as he expected, when Capt. Brown de-
clined longer to be defended by the drunken
lawyers Parker had instructed to act for him,
Mr.. Hoyt asked for an adjournment, on the
ground that he had but just arrived and de-
sired an opportunity of examining the Vir-
ginia code, Parker made the response that
he could not give any Northern lawyer slime
to familiarize themselves with the Virginia
~0NNs LIZ OhAy hCAaObaAbiy dAOWCO al dO-
jounment on account of the witnesses not
being subpoenaed promptly on the bench, he
consulted constantly with Senator Mason
and other prominent public men, who were
seated in the Court and appeared more than
the Judge himself, to be trying the old hero.
There were three capital counts in the in
dictment, which General Hoyt, at the time Of
his first request, had not had even time to
examine. One count was for treason. 1t
did not even say it was against the State of
Virginia, and if it had it would have been
void, as John Brown was not citizen Of the
State and owed it no allegiance, under their
own theory. Another count was for murder,
and the other for conspiring with slaves and
other persons to rebel against the State. This
was not proved or attempted to be, as the
slaves were not placed on the stand or allow
ed to testify in any form. Mr.. Chiffon made
aplea of several hours to compel the State to
elect which count to go to the jury on, but
this impartial judge insisted upon the case
going on all three-not one Of them being
legally drawn or legally proven. Parker was
a Confederate Judge, and now wants his disa-
bility removed in order to continue in Office.
Gen. Hoyt served with great gallantry in
the late war, commanding cavalry and being
one of the most uniting and boldest of officers
He was recently Attorney General of Kansas.
and expects to receive a nomination as U. s.
Marshall in that State.
SPECTATOR.