The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1870-02-17
Washington, ID. c.,
February, @, 1870.

| fe"IuaFy, ", iosV. 70
DEAR COURIER
Salmon =. Chase
has not only gone back on tho par.
ty that made him, but he hasjest
now ignored the paternity of his own
legitimate grecnback brat. His
opinion, backed up by Clifford and
Nelson Original and all the time
Copperh eads, and Fields, the Rcpub
lican renegade whom Mr.. Lincoln
in au inexplicable freak of eccentrici.
ty, appoir ted from California, rem.
dered the opinion of the majority Of
the court, at high noon last Saturday,
while Justice Miller Of Iowa, for him
self and Justices Swayne and Davis,
rendered the dissenting opinion
(Which I hope you have received in
the main by telegraph and laid
before tho readers of the COURIER
Justice Millers opinion is mastery
one, and has filed the hearts of III,
true Republicans with increased
admiration for its author, who was
already regarded as the man Of
brains a i'd pre-eminent legal ability
in the Supreme Court. 1t is the
opinion Of tho people, the opinion of
the lawyers and statesmen of the
country, and is simply a re-iteration
OF the doctrine of necessity, which
said that we had right during the
death struggle with rebellion, to do
things even against the musty and
traditional interpretations of an an.
Gent fundamental law, to save
that fundamental law, and the
government of which it was it's
written charter, from destruction.
For fear that you have not pub
lished in full, or even an abstract of
Judge Miller's opinion, hand you
the following brief, pertinent and
conclusive conclusion
"Upon the enactment OF these
legal-tender laws, they were receiv-
ed with almost universal: acquies.
cence as valid. Payments were
made in the legal-tender notes for
debts in existence when the law was
passed, to the amount of thousands
of millions OF dollars, though gold
| was the only lawful tender when the
debts were contracted. An equal, if
not larger, amount is now due under
contracts made since their passage,
under the belief that these legal ten
ders would be valid payments.
The two Houses of Congress, the
President who signed the bill, and
fifteen State counts of last resort,
being all but one that have passed
upon the question, have expressed
their belief in the constitutionality of
these laws.
With all this great weight of au.
thority, this strong concurrence of
opinion among those who have
passed upon the question before we
have been called to decide it, whose
duty it was as much as it is ours, TO
pass upon it in the light of the Con.
stitution, are we to reserve their
action, to disturb contracts, to declare
the law void, because the necessity
for its enactment does not appear so
strong to us as it did to Congress, or
so clear rs it was to other courts ?
Such is not my idea Of the relative
functions ofthe legislative and judic-
ial departments of this Government.
Whore there is u choice of means
the selection is with Congress, not
tho court. 1.-THE act to be consider
is in any sense essential to the execu-
ton of an acknowledged power, tho
degree Of that necessity is for the
Legislature, and not for the count to
determine. In the case in Wheaton,
from which / have already quoted so
fully, the court says that "where the
law is not prohibited, and is really
calculated to effect any of the objects
intrusted to the Government, to
undertake hero to inquire into the
degree of its necessity would be to
pass the lines which circumscribes
the judicial department and to tread
on legislative ground. This court
disclaims all pretensions to such
power" This sound exposition Of
the duties of the court in this class of
cases relieves me from any embarrass-
ment of hesitation in the case before
me. If / had entertained doubts of
the constitutionality Of the law, l
must have held the law valid until
those doubts became convictions
But, as l have a very decided opin.
ion that Congress acted within the
scope of it's authority, l must hold
the law to be constitutional and dis
sent from heopinion of the court"
Hon. James F. Wilson is here, and
claims definite location of the G. e.
S. W. r. r. by way of Fairfield.
The Iowa Association have their
monthly meeting tonight, at which
their heads and heels will be duly lu-
bricated by literary and terpsicho-
rean exercises.
All Iowans temporarily resident
here, and in official position, with
some few trifling and undesirable
exceptions, are members of this pleas
ant and beneficial organization.
The most inexplicable appoint.
ment made here lately, is that of Gen.
II. II. Heath to be Marshal of New
Mexico. Heath will be recollected as
Captain LIST Iowa Infantry, and later
Major &c, 7th Cavalry. lie was
made Brevet, Brigadler and Major
Genral through the combined infu-
ences of the late A. Johnson, Jim
Lane and another party, simply be-
cause of his being in bad odor with
his own command, and now expects
that the mysterious influences of an
Irresistible lobby will confirm him in