davidaulloa/AmericanStories huggingface dataset:
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18
DODGEVILLE. WISCONSIN, FRIDAY, FEBRUARY IS, 1870

toreverse their action, to disturb contracts,
TO declare the law void because the neces-
sity for its enactment does not appear so
strong to us now as 1t did then to Con-
gress, or so clear as it was to other courts !?
Such is not my idea of the relative func-
tions of the legislative and judicial depart
ments of the Government. Where there
is choice of means, tina selection is with
Congress, not with the Court. If the act
to be considered is in any sense the essen
tial execution of an acknowledged power,
the degree of that necessity is for the
Legislature and not for any court to de-
termine. In case reported in Wheaton,
the Court says that where law is not
prohibitory, and is really calculated to
effect any of the objects intrusted to the
Government, to undertake here to inquire
into the degree of it's necessity would be
to pass the line which circumscribes the
judicial department and tread on legislative
ground" This Court disclaims all pre-
tensions to such power. This sound ex-
position of the duties of the Court in this
class of cases, relieves me from any emss
fore me. If had entertained doubts of
the constitutionality of the law, must
have held the law valid until these doubts
become convictions; but as l have very
decided opinion that Congress acted with
in the scope of it's authority, must hold
the law to be constitutional, and dissent
from the opinion of the Court.
"I am authorized to say that Mr. Justice
Swayne and Mr.. Justice Davis concur in
this opinion"
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18
POLITICAL.

The President, on the 9Th, issued proc
lamation announcing the ratification of
the additional treaty with China.
The Legislature of Utah has passed the
Woman Suffrage bill.
The New Jersey Senate on the 7th re-
iected the Fifteenth Amendment-13 to s.
The Supreme Court of the United States
has rendered decision in the case ap-
pealed from Kentucky, on the payment of
note made before the passage of the
Legal Tender act. When the maker went
to pay it, he offered greenbacks, which the
bank refused to take. He declined to pay
the coin, and was thereupon sued by the
bank. The Supreme Court of Kentucky
sustained the action, and declared the act
in question unconstitutional. This brought
the case into the United States Supreme
Court, where it has twice been argued, and
the decision of the State Court issustained.
Tle Court holds that the act is unconstitu-
tional in so far as it relates to contracts
made prior to February 25, 1862, at which
date it was signed by the President; and
that Congress could not make it applica-
BILE to contracts entered into prior to that
date. Chief-Justice Chase read the
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18
city, for alleged violation of the Revenue

city, for alleged violation of the Revenue
law.
A hurricane passed over Virginia City
New, on the 9th. Several persons were
injured, and one man killed.
A general order from the War Depart
ment provides that no coal Oil hereafter
be used for the illumination of military
posts Lard oil is to be substituted gener-
ally in its place.
The Mormons are said to have made a
large number of converts ON Long Island,
scattered through dozen towns, a ma
jority of whom are girls of 18 to S5 years.
They are to be sent to Utah early in the
spring. A ship-load of Mormon emigrants,
mostly from Wales, arrived at New York
on the 9th, and would start overland i'm
mediately.
Snow fell to the depth of thirty inches
at Huntingdon, Pa, on the 9th and 7th.
Three members of the st. Crispin So
ciety are held for trial. at Worcester, Mass,
for conspiracy to cause strike.
1t is reported that the business portion
of the town Of Port Hudson, Miss, has
been recently destroyed by fire. The
Post Office and hotel were among the
buildings destroyed.
Two New Orleans cotton p1ekeries were
burned on the 10th, and man named
Charles Merriield perished in the flames
The Forest River Lead Works, at Sa-
lem, Mass, have been seized for alleged vio-
lation of the internal revenue laws
Customs receipts for week ending Feb
ruary 5th, were $3,169,100.
Two Chicago citizens publish card in
the Tribune of that city on the 10th, claim
ing to be the makers of the so-called Car
diff giant.
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18
The Legal-Tender Decision.


CHIEF-J UsTIcE CHASE, on behalf of a
majority of the Supreme Bench, in rem
dering the recent decision of the Court on
the Legal-Tender question, concludes in
the following words:
"We are obliged to conclude that an
act making "mere promises to pay dol
lars" legal tender in payment of the
debts previously contracted, is not a
means appropriate, plainly adapted"
or "realy calculated to carry into effect
any express power vested in Congress
that such an act is inconsistent with the
spirit of the Constitution; and that it is
prohibited by the Constitution. 1t is not
surprising that, amid the tumult of the late
civil war, and under the influence of ap-
prehensions for the safety of the Repub-
lie, almost universal, different views,
never before entertained by an American
statesmen, were adopted by many. The
time was not favorable for considerate re-
Election upon constitutional limits of legis-
lation or executive authority. If power
was assumed from patriotic motives, the
assumption found ready justification in
patriotic hearts. Many who doubted,
yielded their doubts. Many who did not
doubt, were silent. Some who were
strongly averse to making Government
notes a legal tender felt themselves con-
strained to acquiesce in the views of the
advocates of the measure. Not few who
then agreed upon its necessity, or ac-
quiesced in that view, have, since the re.
turn of peace, and under the influence OF
calmer times, reconsdered their conclu-
sions and now concur in the views which
we have just announced. These conclu-
sions seem to us to be fully Sanctioned
by the letter and spirit of the Constitu.
tion = y - --
eve are obliged, therefore, to hold that
the defendant in error was not bound to
receive from plaintiff currency rendered
to him in payment of note made before
the passage of the act of February 25, 1862.
1t follows that the judgment of the Court
of Appeals of Kentucky must be affirm
ed." tT r.rut}
The following is the concluding portion
of the dissenting opinion, as rendered by
Justice Miller:
upon the enactment of these legal
tender laws, they were received with al
most universal acquiescence as valid. Pay
ments were made in legal tender notes for
debts in existence when the law was pass
ed, to the amount of thousands of millions
OF dollars, though gold was the only law
ful tender when the debts were contract
ed. An equal, if not a larger amount, is
now due under contracts made since their
passage, under the belief that these
legal tenders would be valid paw.
ment. The two Houses of Con
gress, the President who signed the
bill, and fifteen State Courts of last resort
being all but one that have passed upon
the question, have expressed belief in the
constitutionality of these laws With ali
this great weight of authority, 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 upoI
it in the light of the Constitution, are WI
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18
PERSONAL.

The nomination of Attorney General
Hoar to the Supreme Bench has been re-
jected by the Senate.
Among the nominations by the Presl-
dent on the 4th were, H. Ell. Heath, Mar
shall for New Mexico; Samuel Bard, of
Georgia, Governor of Idaho; Mary E.
Prindle, Postmistress at Wabashaw,
Mimi.
Representative Hoag, of Toledo, Ohio,
died in Washington on the 9Th, of pneu-
monia.
A Washington telegram of the 9th states
that the President had informed a friend
that Judge Hoar would remain in the
Cabinet
The wife of Hon. John Wentworth, of
Chicago, died at Troy, N. Y, on the 9th.
The impeachment of Governor Reed, Of
Florida, was killed in the House on the
4th, by the adoption Of the minority re-
port.
Peter T. Washburne, Governor of Ver-
mont, died, at his residence in Woodstock,
on the morning of the 7th.
Samuel L. Clemens MARK Twain) was
married on the evening of the Sd inst, at
Elmira, N. Y. to Miss Olivia L., daughter
of Jarvis Langdon, ESQ.,, of that city.
Prince Arthur left the town of Pea
body, Mass, on the 9Th, direct for Mon
treal.
Miss Amelia Hobbs has been elected
Justice of the Peace for Jersey Landing
township, Jersey county, ILL.,, by ma
jority of twenty-six. This is the first
woman ever elected to Office in Illinois.
The final obsequies of George Peabody
took place at Peabody, Mass, on. the 9Th.
The attendance was large
The President on the 7th nominated to
the Senate Hon. William Strong, of Phil
adelphia, and Hon. Joseph P. Bradley, of
Newark, N. j., for Justices of the Supreme
Court, respectively for the Pennsylvania
and the Georgia Circuits.
The impeachment trial of State Auditor
Wicklife. of Louisiana, commenced at
New Orleans on the 9th.
Thorpe, who was convicted in Cincin-
natl, in December. of fraudulently using
tobacco stamps twice, has been sentenced
to pay fine of $4,000, and to one years
imprisonment in jail.
The President on the 9th nominated
Jesse Grant as Postmaster at Covington,
KY; James Crowley, Postmaster at Co.
lumbus, Ohio.
A contribution of $500 in gold came to
Springfield, Ill, on the 10th, from Nevada,
for the Lincoln monument.
DR.. J. G Hall has sued the Pittsburgh
Gazette for libel, laying damages at $780,
900.
Horace Greeley has been elected Presi.
dent of the American Institute.
The trustees of Cornell IN. W Uni
versity, on the 10th, elected Hon. Amasa
J. Parks and j. Ell. Selkridge, Trustees.
Hon. Geo. Geddes was elected Professor
of Agriculture, and John Fl. Swift, M. D.,
Professor Of Microscopic Sciences.
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18

Foss1I. wood has been found at Oak
land, Cal, 26O feet below the surface. The
San Francisco Alta says: The arteslan
auger was in this wood for a distance OF
eight feet; but, whether it was going
transversely through a large tree OF that
diameter or not, is unknown. The wocd
was probably deposited in water horizon- 2n
tally; but whether in deep or shallow
water cannot now be ascertalneo: Inc
water atthe Golden Gate IS llo teet oeep,
and the bottom is the solid rock, lou ieet
above the level of this ancient tree Fer- .
haps the outer ridge of the coast was
raised to it's present elevation aiter lne
tree had lived, died, and tound les lhai
resting place where it still lies "ala.
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18
From the Chicago Journal.

The legal point at issue between the
majority and minority of the Bench, Chief
Justice Chase and Associate Justices Cliff
ford, Nelson and Field on the one hand,
and Associate Justices Miller, Swayne and
Davis on the other, is in regard to the ret
roactive power of Congress. The former
hold that the Constitution forbids the pas
sage of such laws by prohibiting the en-
actment of &c post tacte measures. Each
side argues its case with clearness and
force, but the conclusion of the Court as
such will, we apprehend, be concurred in
by the general public. Ifthere was during
the war necessity for putting retroactive
Interpretation upon the act, that necessity
has now gone by.
The decision is by no means exhaustive
in its express terms, although the princi-
pie which the Court has now laid down in
regard to contracts extends to every class
of cases. The public may now rest in the
three-fold assurance, not absolutely, still
with good degree of confidence that
contracts made before the act was passed
will be liquidated in gold, those made and
falling due during its existence, in cur
rency, and, lastly, those not falling due
until after resumption, in coin.
The decision will not affect ordinary
contracts. A few notes, long mortgages,
ETC., are more than eight years old, but
the proportion of such private contracts
is exceedingly small. There are, however,
enormous issues of bonds, given by cities,
States, counties, railroads and other cor
porations which have been running eight
or more years. Then, too, insurance pol
icies, life and fire, issued prior to the pas
sage Of the legal tender act, must, accord
ing to this decision, be paid in gold. The
individual debtors are therefore, as class,
far less interested in this decision than cor
porate debtors There is no injustice
surely in all this, for even at the present
margin between gold and currency coin
has less purchasing value than it had be-
fore the war.
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18

February 25, 1862 may be completed by
the payment of Treasury notes. This will
appear from the opening of Chief Justice
Chase, after his review of the case. He
said Sss. .sssss ~ sSsess
D" No one ques tionsithe general constitutionaliiy
and not very many, perhaps, the general expedien-
cy OF the legal question by which the currency
note has been authorized in recent years. The
doubt is as to the power to declare particular
cass of these notes to be legal tender in payment
of pre-existing debts" t|
1t is evident from the opinion read by
the Chief-J ustice that the majority of the
Judges were governed more by the neces.
stiles demanding the maintenance of
the Legal Tender act as valid, than by the
letter and spirit of the Constitution. The
entire argument against the power of
Congress to make law of this character
operative upon contracts made prior to its
passage, will very nearly as well apply to
contracts made under it, so far as consti
tional authority is concerned. There is,
of course, a plain reason why debts con-
tracted to be paid in gold should not be
paid in deprecated paper money, but
this is an abstract question Of right, and
does not touch the power of Congress
under the Constitution.
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18
From the Chicago Post.

AS for the practical results of the deci-
sion, we do not apprehend they will he
serious. Railway and other corporate
bonds, issued before the act, and still rum
ming, will come within the operation of
the decision. They must be paid, prin-
cipal and interest, in gold and silver coin.
The number of persons holding this kind
of paper is comparatively small, the par
ties indebted are generally well able to
pay, and there will be no distress result
IN
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18
DOMESTIC.


Gold closed in New York on the 10th
at 1904.
At Bangor, Me-, on the morning of the
4th, the thermometer marked 2411a deg.
below zero, the coolest weather there, so
far, this season.
The Postmaster General states that dur
ing the month Of January there were 237,-
1877 franked letters sent from the Wash
ington Postoffice, at cost of $14,259, and
$50 tons of printed matter. at a cost of
$3s,96O to the Government.
General Butler, as Chairman of the Ma
tional Asylum for Disabled Soldiers, some
time ago made application for the bounty
due soldiers who had deserted during the
war, amounting to 100000. The Trea-
sury refused to turn over the money, on
the ground that the bounty was not due
until the expiration of the term of service,
and that as the men had deserted, their
terms had not expired. This decision has
been affirmed by the Attorney General, and
hence the money will not be paid over.
OuOW lGll db IeiCHIlOuO, v o., OIL ooy Oh
the 9th, but the weather was too warm for
it to remain.
The steam boiler in E. T. Sinker & Co.'s
foundry, at Indianapolis, burst on the
morning of the 5th, injuring four men
very severely, and, by suspending all
work, throwing 1875 men out of employ
ment. This is the firm whose boiler ex-
ploded at the State Fair, in October last.
1t was rumored in New York, on the
9Th, that an attempt was to be made to
assassinate Prince Arthur in that city.
Several arrests were made, when the re-
port was discovered to be a hoax.
The Inauguration of Kit Burns rat-pit,
in New York city, as Water street mis-
sion took place on the 7th. Burns still
runs liquor saloon next door, through
which the ministers were obliged to pass
to reach the mission house.
A severe snow storm occurred at the
East on the 8th.
There was report rom Fort Benton,
Montana, on the Sth that in the camps on
the Maras the Indians were dying at the
rate of twenty-five per day of smallpox.
Revenue Collector Peabody, at Nash
vile, Tenn, has seized 100000 cigars in
the house Of Campbell & Spore, Of that
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18
From the Chicago Times.

The decision of the Supreme Court of
the United States, declaring that the legal
tender act does not operate upon con-
tracts made prior to the passage of the
act, will not be likely to affect the price of
gold. A careful reading of the decision
will lead to the conclusion that the court
intended to have it understood that Con
tracts made since the passage of the act
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18

opinion Tor himself and Justices Nelson
Clifford, and Field, adding that it was also
coEcurred in by Justice Grier, before his
resignation. Justice Miller. for himself
and Justices Davis and Swayne, dissented
from the opinion of the Chief Justice, and
held that the act is constitutional in its
terms and that greenbacks are, ,'as therein
specified, legal tender in payment of all
debts, whether on contracts made before
or after it became the law.
J. w. Congdon, Republican, has been
reelected Mayor of Binghamton, N. Y.
The Texas Legislature met on the 9Th.
The Virginia Legislature met at Rich
mond on the 9Th. The House, by vote
of 100 to 10, adopted resolution asking
Congress to reno I'll political disabili-
ties of the people Vi Virginia.
In special message to the Virginia
Legislature, on the 9th, Governor Walker
recommends that Congress be petitioned
for general removal of disabilities. The
Conservative members of the Legislature,
in caucus, nominated James Mcdonald,
editor of the Richmond Wing, for Secre-
tary of State, ssand VIM. F. Taylor for
Auditor.
The Louisiana Senate has passed
Registration bill.
At the recent municipal election in Bur-
ling.on, Iowa, Hon. VIM. Bell, Mayor,
Republican,; Mr.. VIM. Agutta, Treasurer,
Democrat, and Colonel J. s. Halliday,
City Recorder, Republican, were all re-
elected without opposition. William
Endsly, independent, was elected Mar
shal.
The Connecticut Republican State Con-
vention on the 9th renominated the pres
ent State officers, except for Lieutenant
Governor, for which Office Hon. Morris
Tyler, of New Haven, was nominated
In the New York Legislature, on the
9th, motion to appropriate $249,000 to
pav the ante-war debt in coin was re-
jected.
The Colorado Council passed woman's
suffrage bill on the 9th.
The Ohio Woman Suffrage Convention
at Columbus, on the 10th, adopted a me-
mortal to the Legislature that 1t take
steps to submit the question to the people.
Under fair reading of the woman's
suffrage statute in Wyoming Territory, it
is said that colored women have the right
to vote, while, under the existing laws OF
the Territory, colored men have not.
THEY tell funny story in the London
clubs about Vernon Harcourt, the His
toricus" of the London Times. Four gen
tlemen were discussing the subject OF
bores, each declaring that he knew the
most disagreeable man in the world, and,
the dispute growing animated, it was
agreed that the four bores should be
brought together at dinner. Accordingly
the day was appointed, and each gentle
man agreed to bring his bore to the Star
and Garter, at Richmond, where covers
were to be laid for eight. The hour ar
rived and three carriages drove up to the
door of the fayorite inn, each with but one
occupant. Three of the four gentlemen
had been disappointed in their man,
through previous engagement. AT
length the fourth carriage came, and out
of it stepped Mr.. Vernon Harcourt.
" Hang the fellow" said the other three
in chorus, as the fourth gentleman fol-
lowed, he has brought my bore y
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18

Xxi JIM
s.s-. -. sSsszzzs BY F. BRET HARrE
. ~ Say there! P'raps
Some on you chaps'
Might know Jim Wild!
Weil-no offense;
Thar amt no sense
In gettin' riled
Jim was my chum
That's why come
.- Down from up var,
Lookin' for Jim
Thank ye, sir You
Amt OF that crew
IA Blest if you are !
Money ?-Not much;
s.rsa. That amt my kind:
amt no such.
Rumi-Idon't mind,
W Seem It's you.
.r Well this yer Jim3
E1 Did you know him?-
..ff =, ~ Jess bout your size:
49, II g,-sSSezE Same kind of eyes -
... ..--.- Well, that is strange: Ess
;r ---. .t-.. Why, it's two year
Since he came here,
-}G l.1s. Sick, for change.f
....,.. - Well, here's 70 usl
Eh?
What's that you say?
Deadi-
r -. That little cuss?
What makes you star
You over thar?
Can't man drop
g glass in yer shop
But you must rar'?
-. 1t wouldn't take
heap to break
You and your bar.
e" Dead!
01H<e Poor-ttie-Jim!
#r Why thar me,
.Ht Jones, and Bob Lee,
Harry and Ben
No account men:
..Hr Then 70 take him!
.s. Well, thar-Good-by-
i... No more sir-I-
...... Eh?
~" What's that you says-
Why, dern it l-shO -
..-.,. Mol Yes ByJoi
-. Sold
Sold Why, you limb,
You ornery,
Dern'd old
Long legged Jiml
-ODerId1ad Monthly.
Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-02-18
From the Chicago Republican.

From the Chicago Republican.
Some of the effects of this decision are
apparent, others will only be determined
by additional litigation. All contracts
made prior to Feb. 25, 1862, payable in
dollars" If unsatisfed, are now payable
in gold dollars. If such contracts have
been settled under protest, it will remain
for the courts to determine whether the
payees can recover back the difference be-
tween the value of gold and greenbacks at
the time OF settlement. Interest paid in
currency on such contracts, the principal
of which is not yet due, cannot be re-
covered in gold. The principal class of
contracts affected by this decision will be
bonds for the corporate Indebtedness of
States, counties, cities, railroads, and
other corporations Since these corpora
tions have saved in interest the difference
between the value of greenbacks and gold
at the several times of payment since 1862,
this decision will not work great injustice.
1t is to be presumed, reasoning from the
same principles as those upon which the
decision is made, that all contracts made
since Feb. 25, 1862, and prior to Feb.
z, 1870, the date of the decision, will be
payable in greenbacks, those being the
only dollars" known, in fact, to the con-
tracing parties This, however, is a
matter of inference, although it is i'm
probable that different decision would be
rendered. 1t would seem that a third
effect of this decision, by implication, at
least will be to make all contracts made
after Feb. Z, 1870, calling for dollars"
payable, principal and interest, in gold
dollars, except currency is mentioned, and
that the interregnum of legalized fraud
from Fed. 25, 1862, to Feb. Z, 1870, ceased
ON the latter date. If this position is
correct, current contracts must be paid
in gold, unless greenbacks are specified.
In any event, it will be prudent for all
hereafter to know whether they are MAX
ing contracts for gold or greenbacks,
which they may do by specifying the kind
of money in writing