New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-04-01
THE LEGAL-TENDER DECISION.
ARGUMENT OF THE ATTORNEf-GENEkAL ~
FAVOR OF REOPENING THE QUESTION IN
THE u. s. SUPREME COURT.


THE U. S. SUPREME COURT
w AsuINGToN, March 3l.-In the Supreme |
Court of the United States this morning. motion Tor tho
rehearng of question Of the consttuonaity OF the
Legal Tender act argued by the Attorney'Gehera
for the United States and by James NJ Carlisle on ue
opposite side. The addressed tue
as follows:
M.yrrP PLEASE THE COURT: hold in my hand letter
which received from His Honor the Chief Justice IN
cosing communication from Mr. Crrse, and informing
me mat the Court would hear me upon the subject OF
that communication at the opening OF the IouT' ,
permsson to address your Honor is whether the
number and seventhe latter not MI Carlsies case
bnt which would invoe perhaps substantially the same
0uestion as the case in Which Mr.. Merrnan is con
cerned-shall stand for argument, ana ., u, tSn
United states is that tax cases standing upon
the dock be decided by this Court, IN eacn OF
which tine limited States party on the one side ana
private person other, shall be heard ana decaea
BY Onors In %ass s mHt osor attention. to
the fact that question OF the ana
the VALIDITY ID, Of the ana ai1 pube as
cases raised upon the record anu S e so u
npon thai question deemed 1t my duty from respect
TO the Court, which had so recently announcer JUS
because in some cases undoubtedly when the Court has
maturey and fully considered question Oh law, anu ns
ecded the same does not consider proper 10
take mn the time which other sutors are waiting 10 oS
cupy with reconsideration OF question hsve that
Your onors shall repeat that question and IN the nrst
place my attention very ioC'ns When Was present
in Gnnrt il would have received my attention at the time
TO the position Of these two cases may "a h coUpt
who have recently become such are aware vi, tS
# has been my duty to represent the United States
nohinr has been said or done relation these cases
which has any bearing upon the question nhu tnose
70 the sut aud has right heard by this tribunal
upon any question involved In the SUIT when aee cue
hts az that party unless the argument has Deen so lar
exhausted and opinion OF the Court which aaanss
is SO and decided that they deem II waste OF tnep
tme and an improper pressure upon my part 10 reopen
the matter for discussion. To such an ntlmauoh y! we
Court should Of course bow WIN OF
question could affect its deeision IL Nouo oe uoe
coming in counselor OF the Court TO urge
These cases stand upon the docket. as sald. LAST
Spring inquired whether these cases uat s.oou upon
the M of cases OF the United States furnished me were
10 be heard and told that AS they involved tne que
ton in some aspects OF the egalTender act ana as tss
had been fully argued and under consideration ny
the Court they had been passed until decision houu NC
announced upon that question Last otooe me w., ho
Conrt came again the adjournment OF tue
December term of 1863 applied TO the court N regard
when they were reached IN '1e d h
said 10 the Court that understood that they au Dsen
passed before my term OF office commencea because tne
involved the question OF the anu anmd
whether t the pleasure OF the Court nst we ehoui
proceed to argue them and your Honor sld they WOMB
oe thing was the impression; aud think they
we're continued When the term opened and the docket
was commenced again. the same question as asAeu W
| me of the Court and the same reply was made. l.,
That is all OF my official relation to the cases that
made no suggestion that the judgment in these cases
should depend upon, have any other connection with
weeks ago. inquire OF the Court whether 1t was
the pleasure that the %aae cannot of
state from personal knowledge what took place before
has informed me that stipulation agreement
suggestion has been made by him. or WITH ms knosiedge.
| Mr. Merrmsn says there made, a. lar as ne
knows IL comes then may 1t please your Honor IL tnat
Spncn Of the tribunal which is to render judgment,
with tho consent and acguesceDce OF the counsel,
has heen passed until another had been argued
and considered that gives such case any legal night to
follow the adjudication. IL Is different party
Without his agreement the Court cannotcerainy not
the other sdesay that his should abide by that de-
cson and determined by IT, as far as am concerned
Therefore,f your Honor please, though IL has never
been my fortune professional life TO have any doubts
with gentlemen with whom have come professionally
derstandngs think that have the right To stand upon
the record the cause and 10 say tlat, alth0ughH
seemed more convenient arrangement OF bus mess that
these should be postponed because inc result
tepai fnrther 70 discuss the question, yet, II
result has not made 1t III their Judgment NINA
| ton and the tribunal that they address are
willing to hear them upon the subject, think that they
the right the other party any violation OF rofes
sonai morals or courtesy to insist upon the right
There ~ suggestion which hardly venture in this
presence to advert TO- made by Mr. Carlisle
the letter hold in my hand that changes III the conpo
ston OF the Court having occurred they should not
the rights OF his client IL may be unfortunate for
he o oST uGt erys no e
versy this time when for some reason or ether de-
and ultimately settled to be the law or the lapd. But
can hardly be considered by q judicial tribunal
5aa THIS We hh9 wnOe youm me pn anS
yen to the profession consisting OF list OF casesover
Ios his ease by decision which does not ultimately rest
as the established and pronounced law that some eth
party should not have been able 10 get
tud gnen his favor by coming in at the time. Ii
may hs pecunary loss but can hardly be considered
which, applied to MS, might hays In
volved Judgment against him had been given aud on
rehearng and reconsideration Of the question he met
with the suggestion that as his case pending at that
time he ought 70 take the same Judgment apprehend
would say whatever was the ultimately settled law in
h case S nnd 9e oaa Os rraa and would
rg and claiming that the rule should be otherwise.
Of the case fsuppose that the occasion may also make
proper for to say why think aud hope that your
S to Ss as
lam not nsensble to ths great weight ot character Of
the just clns-to the confidence of the profession and
the people OF this country OF that majority of the
and IN case which had involved simply the con-
struction Of statute and the determination Of private
which every must admit is open to argument too
strong both sides to have asked your Honors
in my view this this involves. and how
presented both TO the parties having rights and to
in Is s'S cyoG.edleaeS:, i ,-v sysf
mat - '''- .ourl. as understand 1t and have it here
Speaking upon the record u stands thus Your Honors
OF construction apply to contracts made before
the passage OF the act II that were so 1t would settle
ns scaeS aa was not Within the
power Congress insert that provision making Treas
legal tender for private debts previously
contractetsi in the statute. We have, then, this
position " affairs which bear private and public
grounds feel that have right 10 press upon
uonors notice statute passed by large majority IN
both Houses OF Congress- approved by the President,
having all the forms Of lawthe attention OF Congress,
when passed being called to the question OF It's const
tuonahty With this weight OF authority TO begin WITH
on one sie statute substantially acquiesced In by the
people OF the United States for eight years, than
seven years Of which millions upon millions Of contrasts
settled the great loss Of the parties to them
"A statute which, far l aware, with
but one exception, has been held constitutional