The New York herald., 1870-04-01

OF he obcr party nor any roletion OF professional
morals or court " 70 lnsiss upon the ri{hs.
There ~ q suggestion whica hardly venture IN
This presence 10 advert 10, but It h made by
Mr. carlisle IN The letter nold IA my haad that
cAanges Ia The composition OF the court having
occurred they saOuli not eject the rights of MS
client Nmay DO unlorsunate for ms client that he
saonic not have ootaned Judgment. aiid thus pre-
ciuded any further inquiry into the controversy at
timc wben Tor some reason or other. aecsicn was
ultimately settled the law OF tile land But it
hardly be considered by Judicial tribunal that
party We 1nd whole volume printed ard given
10 tue professlon consisting of list OF cases over
who lost his case by decision which does not ui-
matey rest as the established and pronounced law;
aud thar some other party shouid not have bean
able 10 get an erroneous Jrdgment In his favor BY
coming IN &C the same tlInc. ir may be his p6cu.
mary ioss nut 1t can hardly be considered as legal
wrong II the case had been reversed and judg-
ment In one case which, II applied TO HIS might
have involved Judgment against him, had been
given. and arehearing and reconsideration OF the
question he met with the suggestion that his
case was pending at that time he ought to take the
ready to press that principle ani would say what.
ever Was the ultimately settled law IN the case was
obtain, and should have great diiicuty in gessing
ny aud claiming that the rule should be Otherwise.
oS N much AZ, may y please your Honor for the posi-
Also make 1t proper Tor me to say why think and
nope that Your Honor viii allow1this question 70 be
opcn question before You. / am not insens5ie 70
rnsrIrns soe great weight Of character Of inaciai
clalms-the just clalins-to he confidence
OF the profession ana tie people Of
nouncea the opinion on the Legal Tender acts, ana
In q case which had involved simply the c0nstruc-
right. SHOULD have been rel uctant, especially in q
case which every one must admit Is opca TO argu-
HOnors to reconsider It. But fie Court w paydoa
me II state what IN my view us and this de-
clson Involves, and how u Is presented, both TO the
parties having rights ana 10 the people OF
TINS country. A more important decision, In
its consequences, II seems 70 me, was hardly ever
made by this Court, as understand 1t and have it
here Speaking upon the record II stands tnus:--
Your Hon0rs have not decided that tais Legal Tender
contracts made before the passage Of the act.
II that were 80 1t would settle no very
important and great principles but your HOnors
the constitutional power OF Congress TO insert that
provision making treasury notes legal tender for
private debts previously contracted In the sJatute
We have, then, this position Of anairs which bear
private y and public grounds, ! feel that have
passed by large majority IN b0ta houses OF Congress-
approved by the President, having al the forms OF
law, the attention OF Congress when 1t passed
being called to the question of It's constuionality.
With this weight or authority to BEGIN with one
side, statute substantially
people OF che United States
than seven years of which mi ,t
contracts have peen settled to gttt
parties to thenl-a statute
aware, with but one excepti,
stturioual by every State co t3
most thorough elaborate ar
sion statute, upon the con
tu5 court, at time Wncn
nine Judges, did, by malOri Ds~e.
enter its Judgment with tw
bencp, a1d II stands, there
6ssehce that upon the judicia, vp,nivn vi sinyio
man, whose voice turned the majority. that grcaS
question y adjudlcated, and If, which is
was IA opinion about which even the deciding
Judge OF the court had entertained o dinerent
opinion. at some other Lilne 1t would come down
to the point thai the dnering opinions. at diner
ent times OF ms life, OF single man. the whole con.
stCutlOnal power OF Congress ana the execution In
popular acquiescence anu tue decisions of state
Ms 70 e ps Of es'
oy the judgment Of tnis Court, and upon the ques.
ton whether y was necessary Ior the exercise Of
necessity Is judicial and not politicai one 9ne
gravity OF such decision your Honors, have no
II the question could oe presented again with
propriety ia the exercise OF my Official
and may 1t please your HVnors involving as 1t does
such great mass Of private Interests. but more,
Oscause 10 seemed 70 me 70 involve iandaReeafin Rae n
pIaeps m ses PS"fafsss "fassse tue question xhesner
a certain maguituae have decided at the earliest
possible period TO present it 10 your Honors when
to be 6enceort6 and forever tie settled view Of TINS
landi IL shall now be declared what the law
Honors' attention 70 The fact that this IL
by no means unexamplcd. ! had occasion the
ioc1 vs. the State oi MARYLAND tue court @ aIowsd.
within i've years Afterwards that whole question to
there can be any nope on the par Of those % wno
would now have concurred with the decision OF the
be- sea, cansea s on s 70
mind that the more speedily Is done the better f0r
oil parties concerned, aud tc.ter for the country.
REPLY or Mr.. CARLISLE.
Mr.. James M. Carlisle replied. saying that the At
torney General had anaiyzed and disparaginglt
criticised the Court because, as he had remarked
the question was decided by vote OF
q single Judge. However that might be- 1t
had been pronounced IN that case. What nov
was TO become OF the highest judicial tribunal the
land If opinions were to De reepened and reargued
because Of the small majority deciding question.
Whatever might be the majority, II was neverthe-
less, the opinion OF the court. What had they
to do with the previous action OF the court1
He then referred to the fact that the case Of
Hefner GriswOld, one Of the bank cases involving
principles applicable TO other partes had been post
poned rom one term to another for the purpose Of
argument, thus showing that they had all been
carefully aud elabOrately considered.
The Court said they would take the matter under
advisenent.