, 1870-02-12
WASHINGTON.
Decision Of the Supreme Court on
the Legal-Tender Act,
The Court and the Chief Justices.

WASHINGTON, Feb O.
With decided difference Of oplLion. lie Su-
rr,ue Court has 1t last expressed NeeH upon tns
Legal Tender actA These optliocs, long With
held ne bfopRh forK ard In thla time Of tfansl-
t.op,-one Of the most feDsrkAbe psr1ods OF MIS-
h.p ana coincidence within the history OF the 5u-
meme Ccnts; Stanton called TO be judged at the
instant of hls alnoet 11a1lEols confirmation a
JuhRe OF the highest hunan bench; Gf1ef re-
moved BY too palpaole evidences OF bodily decays
b,ll penatne IN the senae to reduce the Court to
a cub Of Eotartes PutNc; Attorney GeEeral.hoar
rejected BY Senate OF his own political par J, fot
no pa1t.cu2y reazon; and, nna1y. on the aalne day
with the euppc:atlon OF the present Important
optp,pp, the P1ealds0 Mt maSe8 two nominations to
tie BEECH. ....-.
The prubable decAion Of the Court upon this
case,-fhe Hepburn old caae,-tt has been
matter Of all Intrigue and ambition TO anticipate
Money hl1 bEen freely offered IN the lobby, AID
Whatever conld be supposei to throw Light upon
the sentiment OF Any Justice h4s been thankfully
gathered up md treasured: for upon this decla:oa
tnln Ill money contracts Negotiated before the
war. It was, therefore, OF the highest importance
TO creditors AID debtors to anticipate this decta-
ION, lhns the, mtght make timely comprises IN the
settienenE Of such accountA fna Court, how
ever, has kept lis oNu counsel, md the supposf-
ton was long eLtertaned that 1t Wouii decline to
decide the case at all
TIC 0p4a.on OF k1e IQlee HcsREu 1uSuGt4N
Davis Of Illinois: SxaJne. Of Ohio, and Miller, Of
Iowa delivered by the lattef-iA less ctIcoMstao-
xtal 1han that Of The Chief Ju*tce, and mech mole
e1ule N expression. ChaAe'a dec!alo1s sre eaho-
rate, and generally interesting BY thelf symmetry
Of constrCct,on and feliclioas expression. Wnlle
he adberes closely 10 tho lee OF afgumeat atu Is
copioul and Industrious in d:ato.s, be also con-
t1lses dexleIousty pasa this plans Of ju1tsr1u-
derce AID tnteIpolaIe paragraph or $40 which
1o.r ~ ArfJv kf1t ~ In
decslor, As IN bis famous T-1as opinion, tnese Is
ore happy lnAtance Of this "e1tia iudlcal rheto-
re-" as Jtner.on woold have called II:
| "1tu FOL su1pstslng That. An'd the tumult Of
the lae c:vl war. nnu uEdet me II 1nuercs q ap.
unlse1aAl, dre1ebt sleWr, peTee before entertain
ed b. Anstican statesGen or jur.s's. we're .<iop:-
| s;ltlats ttnectoc nron the cots tluuoual limIts
Of leg s!alise er e1eeatiye AUTHORITY: II pawst
t!nu found tealy qualification IN patr.oi.r nea1ta
Many Who doubted .,e ued tntir douots; uapJ
s,1opgly sTeno 10 Dat,Ee sos.Iament Eoses a
les Al Iel der felt themselves Cunsfsane1 10 scqu..
escs IN tna vless OF the ads.cates Of the n.ea-
sue. Not lew Wao thea lus!sted upon its ne,
ceslty, acqQiesced IN tasr VIEW, have, bnca the
re'urn OF peace, AID under The II nueote Of TIT
eslnss hme. secoss!deied M @ tneis coPslnsfons, az
| rou1csa. These cQnCaualDhA Eee1u TO 1R to bs
1u1iy estctiontd oy the letter aid sptrlt Of tht
! conStltuunn.'
|
rather, the consit,ency-ot Chases mind as care
fully as II his whole biography were At hand !
mind wherein the desire to tn1ueEce IL more up
parent than the disposition to Iudga: mGd uo1
strictly IoF closely judicial, While Jet dangerous
| u well informed upon the literature Of the Iaw,
a1d BY It's resources AID 1ne, stately de1serue.
Of atateEent, nore than match for ttuer Jaw,
JeEA an Lot In this. attempting to pass aol
cl!,ictsm upon the conclus.ops OF the presen,
optl loE, for that Is subject too fAr up III The
"teeuA " for me. The s1pteme Court Is simply
learred committee Of lawyers, appointed nEdel
greater solemniues than any lestslaure committee
ard endowed with nxed 20 *eEs; but that It Is ap
10 be human and even captious In ,ta rulluga
bo1h Intuition and history shaT ua Chief Justice
Jcnn Rutltdge, who ven. CRAZY and t.ed crazy be
cnu.c OF htE rejection b. Federnlstlc Senate, L
sad By F1apde5s 10 have uttered opinions, "tht
suggestions at feeling ralhe1 than Tcason-the OF
| .pntg Of verbal criticism Enthtr than Of coupre
hepl.ve vewe.r Van Santloord, writing Of Chic
Justice Marshall, -, 8 that, !" Though w1tndrawl
, from political life, 1t Ia certainly true thu
he old entertain not only decided, bu
warm, political feelings, and tnat these feeling
ma, have IL nrepeed his Judgment In giving coa
, stInetlon 10 great questions Of constitutions
. power, II not only prcbaole. bnt perhaps natural
, and unavoidable" So cogged were MArshan
pro Fecerslstlc views, that after BurrA trta
wbere he preslded and shut out evidence, Pres
de1t Je eftraon never spoke With him At ali. /
tho resent Iegal-Tender case, We ind the divers
: ties OF human judgment N Chase, Ne'son au
: Cllnurd asserting one opinion Tor specified re-
tors; Grter coinciolug for quite different reason
I and Dartr, Miller ard Swayre bc!lng the OFF
e way in body. It ts the old English nntverall
CRY Of "tovn sEalnsr gown ....
@ With this instance Of the variability Of The be-
p Informed and best trained human Judgment fres
J, before Us, = novice might ask:
:. "Is there ArJ such thInG Al ending cut light