, 1870-02-08
tuition. We are obliged, therefore,

tpnSa@ hm6 t,.rte dzss,. Ae onnsed: therefore, 70
not round 70 receive frem the pla,ntld ths cut1ea.
q rendered to him III payment OF the note maize
% ~ act =
peals ot Kennedy must to an1rne1
DISSENTING OPINION.
au te e.s !: maea snssS ssg.
legal tender clauses Of the atAIutea uEdef co1sd-
aa s1a1o2 .ess PLACED .hsss enpnsuesly ~ taoss
army atd naVy. It WAS done reluc,angly and with
aensassor. no only after the necessity bad been
dtm01stf2ted ana had become imperative Oar
atateanen Ead been trained in schools which
looftd n1 o. such legislation vita something more
mnoTes s6o 1ae sna ooa,es q me 10 hoases o.
could this clause OF the bill have been carried,
and they ALTO prove, a. t1lnk, ye1y clearly the
g'couy Tine Is net 10 be readily forgotten BY tue
loEet Of hlA country, and Will forever remain
!nll clear and PIE vinoscaton Of the exercise OF
oIa,ia'ed the sagacn5 OF ttose who originated
ara carried through the neasute.
Certainly It teema 10 the best Judgment that I
can t1ttg to bear upon the sub1ec', tina. lbs law
mas uetesslty In The ntsE stringent gense IN
Mb'cn that word can be wed. But II II ca!d that
the law 4 10 eonn'cs With the spir,t, II not tue
!tlfer. nl eevea provisions or the constitution.
GIaoontecly It L law tmpaiing tue obligation OF
contacts made tefcEe It's passage. But while the
6oas 1of9!os s:aes e pasa such la"s It
R'ess Is expEesaly authorized 10 establish uui.
totn ~ steIn Of baLktupicy, the essence Of which
y 10 discharge cchtors from the Obligations OF
their contracts. and Ii purso ance Of this power
Congress- has three times passed Bueh Law, which,
IN every tralsnce opera ed IN c3nu acts nlade De-
SO, 1t Ia said that the pruY 1ous that private prop
er'y shall Iot be taEtn icr pablo use, E1iaout
tost c1mpe nsauon, and tha. perton shan Be de-
COURSE OF lsv. are opposed TO tue acts
utder consideration. The argument Is too f1t
TOT NJ re1tept!ou By shlcn the ild.tect eject ct
yaue Of landR, Stocks, bonds and other con.
trscif rencers, such Law invalid, taking private
pfeRey, ,o5 pGns Ne o. depnvns the
declaration OF war With 4 maritime Dover
Wontd thus be uncorstltutioraL because the value
Of ssssJ shp anroad Is lessened Is Or 30 per cent.
Of tarh on Iron or sugar, would. In Ike manner,
destroy furnaces and fink capital employed In the
msnsfsc'gre o1 these a1scss {es as
claimed tha. 10 abolish such duties wonld be I'd.
cor6titotloIA al taking private property.
e. he
made saoas as1esdy IN piiysse hand, iess Tsiaa5e.
Ta no Il tss ef tns
repeated By COW holding It void, and lis opposl.
son to the epirt Of the constitution too abstract
70 o.
declare the legislation Of Congress void By the de
cls>on Of The Court. It would authorize this
NU4At ~ E4l14HE <uGulpil%11 WE'VE G1 LIE HEHtuE
Of onr EoseInment OF vagae cot ons Of the sp.st1
Of the constitution, ard Of abstract justice By de-
Glazing void laws which did not square with them
structinu-an tndenulte code of ethics for The
constitution. and the Court Of Justice fot the Ma
tloral Legislature.
they were received with almost unlrersal acq1f
eEcencet as valid payments we're made In lega
tender notes for debts ia existence, when The Law
! Ras paused, 10 the amount oI thopsandb Of NIL
lions Of doilars, though gold was tie ouy la1iu
lender when the debts were contracted. Al
equal lot larger. amount Il now due unde
contracts made tlnce thett passage. under the be
lief that these legal tenders would be valid pay
| nent.
| The two houses Of Congress, the Presldent VIII
sigted the bl, and fifteen State courts Of last re
auesttoD, hare EXPRESSED 6ellet 10 Tie consutu
tlonAlisy Of ihese laws. With all this grea
weight Of authority, this strong concurrence 0
question, tefore re have been called upon to Dc
eide 1t, whose duty it Was as mucu a. Ii Ia oars
pp,,;s,,n1p pnss 1pon T. tn the light Of tue COZ COZ
aetan, to A disturb contracts, s'tas' deeIa1 aa1
a Law void, because the necessity for Its euac1
men1 aoes nos appear go atrohs 10 us as It did =
So1eIsts. Of 80 clear IS It vas to other eousss
the Legislature and The Judicial departments q
Tie government. Nhefo there Is q choice Q
. neaLs. he select:on 10 With Congress, not til
tense essential 10 the execution Of an ackno ri
edged power. The degree OF that necesAty ls to
the Legislature, and not for the Court, TO deter
| mite.
In the case In Wheaton, the Court says: ..tT Tna
where tne law is rot prohibited, and ii really cal
co!Ated 10 enect any o. the objects entrusted t
the government, TO undertake here to inquire Int
The deHee Of Its necessity would be to pass . In
which circumscrioea the Judicial Department an
tIeada On legislative ground. ThA Cour
dlscis'ms sll pletelslons 10 such poTer.' Tni
sound exposition Of The duties of the Cour
n ths clasa ol cases, relieves me from any en-
oa1!1ssment OF hesitation IN rhe case before me.
| u bad entertained doabta OF the constitution
allty Of the law. I must have held law valid mt
these doubts became convictions; nnt as have
Eer1 decided opinion that Congress acted With
the acope Of tts authority. must hold the law t
be constitutional. and diaAent from tho opinion q
| the Court I an authorized to eay that Mr. in:
tiee swa5ne and Nj. Justice Davis concur in hi
oplpi0n.'
the case OF the Providence Rubber Company Il
Ceas. Goodyear's executors, wRs decided. In tn
court below, 10 favor Of Goodyear. Ia the csse
of tne =: Louis public SCHOOLS ss R!sey, and OH
Judgment *as given for de1endanta. The case q
| HtrltbAton MISSOURI Railroad Company ts Fre
mcnt County, Iowa, was decided in favor Of tn
county.