, 1870-04-15

/
: our business men,-of which fact Won arc n,
: aoanteojy aware aud, think, aro entitlc
: apectfullx, etc., J. J. Ncaaaps
Il LEGAL-TENDER CASES.
. Argument for the Rcopcufnr posr
, 2poncmcnt sfll .mondny Ncvr SnIc,
Argument I'm the Supreme Court.
Washington up'''p Astag I1ttEa'eA 10 ta< Veg ror
1his morning, when the lega1-tender cssef
rms c1;a5 qp N ths supreme couft, Mr. Potter sp
, He submitted paper ahogiue MI CsIlisia',
engagements in SeH York, and the illness d
9lnef counsel, aud their understanding thu
me cases, when called before, had heer
osue1eo 10 abide the decision in the Kentucky
Quite spicy time ensued The Attorney
General contended that these cases hai moi
been passed suhiect to the leterminat;on NJ
ny otnef case that there was no such entry
on ue docket he found the cases on tho List,
course. - 'Ae e1"ila3
The Chief Justice, inter7uptipc him. ss;d
10 proper to oay, Mr. Attorney General.
toat counsel in these csses we're distinctly ID
haIetoio,. rhfh r. they Tsre eAsd and passed
Question argaed in these cases, inasuqch As Il
noula % disposed Of in the others. Neither
a9s lMe1 !nSf!ce nor any one of the majority
" me 1aaRca then on the bench, and now
nsie, feSardsd the Question as open in these
| sel." 1-1''o'14eso ~ eoun-
The Attorney General:
! your Honor please, + WAS not aware of
aaf Is sdfn an osaer. an, Of coune, embasrass-
~ y we statement; but II the Court states"
| Air. Attorney General, desife to s.v tba
ssesemeht 10 not the statement Of the Cont
| AZ: Justice Eelson; ''|9 e0eN''
.,.s;3 NJ !, Attorney General, underssood dis-
tou,ds ent maa these cases, 20 far as the legal
results Of the other casca~
Ihe Attorney General said he should sub,nit
to any determination the Court mado. bnt Il
the c,aea *e7n to be heard they ought to be
ing upon the decision. He cited The case Of =
savings bank whose counsel have been con.
Suited whether tho bank ehau take payment of
certain mortgages in Treasury notes when ten
aesea OF not. Il they advise The bank to &C
some II pei cent. Ii they advise it not to sc-
eept tho notes, tho lien Of the mortgages NAV
DC lost This was but one instance of the IN
potant interests involved in this question.
", M1'ch ought 10 be settled as speedily ~ posi-
convenience Of council Mr. CarlisIa knsw of
this engagement when the motion to sct down
thcho cattsea EAs nado. and there waa no init
nation that Ar. Meniman intended to areue
the case ~ AL But there WAS no occasioa for
ao ,,,,,s about these cases It was not
20 mueh quehtion for Argument aa for jndg-
mont, but he would NOT object 10 any nost-
ponsment beyond this term aSs
Mr. Potter then remarked in rep]y:
:, - A. to whether the cases sha1l be postponed
u they arc to be heard? Upon this Question
l can only say, that tecor1iag to nv under,
standing OF the practice OF this court. xnd in
deed. Of al other courts With which am ~ !
qns1nted, thnrczsous contained in Mr. CariisIe's |
communication are sufficient for the postr.ona.
mcnt he desires. It is tine, "a spseestsd.
That he knew Of his engagement when these
couses we're set down, but lis eucxcemsnt
vas entered into long before the motion in
these cases ~as made: Ho WAS not consulted !
not possibly. Attend- As to whether these
causes have been heretofore directed to shide
the event Of the decision in any caae pretious.
sfEme; 6svc nothing to say Truc, was
weFc last called, md my recollection is tbst
the Chief Justice zald the causes could not be a.
gued not because counsel did not wiell 10 argue
the question. but because il had been argued
n caeee then under adyisement which would
determine the question but Hsa not counsel
Ii these Cases then, and el,all submi, 10 Whit
esef your Ionors may consider to have been
osuefed, without further remark. II the order
Was thtf these causes should abide iu tllis
respect r The result Of the Hepburn case, that u
0UA&13AH |
II, on the other hand; it be considcral no uuch
s1uer was made, then i: remains to BE- deter
mined when tbeee cases arc heard. The At
torneJ General has referred TO the importance |
q ths interests e be settled br these eases.
some Importance, but relatively they arr nf
Almost no importance whatever, compared
win the great national interests concerned. Il
Is no" eight years since this Lesal-Tender law
"; Eas passed. Tbs p1e-e1lsting debts have long .
GfhCH 1fnN vrkn nJ..
one dollar in thousand Of the dabta of tha
country viii be Affected By the decision eoneht
70 be reviewed, except the funded debts Of fhe !
s1s;as s1; eoIpoEntons, which sse al~A.s renewed,
4ueaton ahonid not BE- opened, and the e1;sts I
n9 decision should stand. the result would be.
aot 20 compel ANY man 10 return more than
ae sook, not 10 create any hszlship OF 1iAs, +
r.. Il! onS to require men to psr acror,lins TO
'ording TO What they expected and undertook !
e e pay: and il the crest corporations should I
hus be required to pay coin interest
.here .,H - they borrowed eoin, they would !
~ ~ .a no more than they owed; and sub ,,
heS were nerer before 10 prosperous, 80
mighty. 9! so dangerous as now-which stnu1d | &
ndnee this court to make haste to review tho d
question for their benefit On The contrary, .
ESG1ea that this review should be postponed. b
lo reopen it can only tend to depreciate gov 4
Enment securities md take away thc atfTan- 4
ases gained by the hse decision IN the Hep- 0
nm Gaze, and to lead to other and more I,
erous dAngrrs- To the remark that the n
nest'cu involved required not so much argu- =
aent IL Judgment, I have 10 say that, 10 to v
oW tat those Of your Horors who have heard b
ne argument mag listen to the reargu- Ii
toee members of The court Who have q
o. heard the question argued before.
esrtno ther WM b dearous It shall be falls K
ieGussed- For why, - Chief Justice MazahafI {
I'D, ehonl thcre not b. inquiry II causes are Il
, be decided zeroEding to inquiry But, Wbst- "
sef the importance Of the question inTolvcd |
oE aa be sett3ed By the course proposed lii
he Attorney Gene1l' This question vas v
onsldefcd m tho Hepburn case IN 1867 Afer n
behalf OF the government to be beard u thxt St
lse. It Eas the only csse between -p1irate n
a1t'es 30 far as I know, whern thu ittnsney sa
ene5A Fas ever permitted to thus intervene. 81
ne Goukt, however, did ozdse that casa to r
And oTex to be seheazd At the Eefesring' y
70 Of the Aalest counsel IN the cou..t,v were th
eard 70 sustain the l.w, which, afse1 full de- Pc
befatton- was decided, BY the concurrence oi AZ
yuGx Houors, in which none Of those who / lei
incurred in the former question should iuiu | til
'Q]d now settle this question, for it would ! III
aly be the Judgment Of hvn Judses to fosr to
Ese, which would be not 10 settle, but 10 un.
tale the question, and vrusld do this to no,
st advantage to any hum Al being, and 70
e manifest derineut Of the natiouaI crr.1;t
ID ehtracte.-au to establish IN ,bs.tTsct y,
sht in Congzess, which it seems to rae 4 Hnia - -
nsidsEation Ct the eenHalizatton Of poxer.. II II
ing On OF Lite seArs IN the legislative derart
ens Of government should OILY ocossinp ~ r.
pt Il established fe- H
The Chief Justice, after some ohserv,t,o,s u1
!nstsss AillaE and Daries 70 tie e1ect % th,s nv nv
s = 5esdaecaons did not correspond viii his tn
y ~ nsds tha abatement did becsns. tba in
::sotneF GeoeFl seemed to labor Under = It
= apprehension Of the facts, and il ia tme %
= ne daty Of the Chiet Iushee 70 announee Z!
,,,,a : roaIpo so orders 81 the Court. He an-
'uictn tnese.. Such orders are often not IN IN