The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-02-17
WEDNESDAY, FEBRUARY II, 1869.


x,,,,., Const,tutes n LegaI-Teuder.
~ all oaaas in which the validity or applloa-
cation OF United States law is inVolVeo' 'ne
decisions Of the United States courts "re
recognized as the exclusive and paramount
r,Ia ~ action, If case which falls Wltnin
looal domain occurs, it may be doubted
wbather there is any higher tribunal than the
sr,,ams Court of the Commonwealth. But
Do suob consideration enters into the suit
whsn an aot Of Congress is the cause OF dis
puta. Since the foundation OF the Govern
neut. therefore, the decision OF the United
States Supreme Court has been looked upon
9TH oyaat awe, II ia the court Of last resort
in the case of the largest interests OF the
nation. It is seldom, however, that it has
rendered a decision which will have more
widespread influence in the daily transactions
of individuals than the one made on Monday,
in the case Of Bronson and others against
Rodes. The issue involved was what consti-
tuted legal-tender Of money due under
special contract. The facts Of the
case are:-There was mortgage given
in 1861 for certain sum, which
was especially stipulated as payable In gold
and silver coin. This fact appeared on the
face Of the mortgage itself. In 1868 tAe
mortgage rendered in greenbackS the
sum on the face OF the mortgage,
which tender was declined, and suit
brought for payment in gold aud silver coin.
The court below decided in favor OF the legality
of the tender of greenbacks. The Court of
Errors and Appeals Of New York, to which the
case was carried, also so decided. But the
Supreme Court Of the United States utterly
discarded the decision of these tribunals, aud
with but one dissenting voice declared that
payment could be enforced in coin, and that
was the only way that the debt could be dis
charged. This was done on the ground that
the intention Of the contracting parties must
control court in its Interpretation of a con-
traot; that at the time of the signing OF the
deed there was recognized difference between
notes and coin; that both were in common
circulation; and that coin was especially men,
toned and intended to be paid.
By this decision all previous adj Indications of
the courts OF Pennsyl lvania are reversed. We
have had In our midst precisely similar state
ments and directly opposite verdicts. In the
case Of Shosnberger vs.. Watts, in the District
Court Of our city, the identity is complete.
All, however, will fall with this reversal of the
highest tribunal. twill have decided prao-
tical and pecunisry effect on number of our
citizens. Of the decision itself we cannot see
any need to say much. With the Judges of
that Court rests the decision, and they have
settled 1t beyond appeal. We are glad, how
ever, that the decision was delayed until after
be in the least political. Care should be taken
not to confound the Judgment in Bronson
with that now pending in relation to the
Legality Of the Legal-tender acts themselves.
It has no immediate bearing upon them; but
still, coming as it does at this time, it is highly
significant. Can il not be construed as one
Of those preparatory steps which the Supreme
Court is in the habit of taking to pave the
way for what has already been determined
uponf Coming just now, and leaning SO
strongly as it does, we cannot fail to see in II
hint of decided significance as to the settle.
ment OF the yet more important question
which is still in abeyance. We had not an
ticipated leaning so much in that direction
by the Court; for, if the present case ia viewed
in the light of the feeling Of the Judges, 1t Ger
tainly foreshadows the settlement OF the legal
tender question on the basis of its illegality
We await the coming decision with no incon
siderable suspense.