Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-05-03
THE UNION AAD AMERICAN.
WHAT rs TO BE THE END OF
THESE THINGs2

-
the Supreme Court of the United States
that that body had decided that the act of
Congress known as the legal tender act is
constitutional and is applicable to
contracts made before its passage; in
other words, that contract made to be
paid in gold, may be discharged by the
payment of dollar for dollar in green
backs; thus reversing the decision of the
court at the December term, 1869, that
the act could not apply to contracts made
before its passage. Chief Justice Chase
retired from the court room before this
announcement was made, and it is said
that he was very much exaspersted at the
reopening of the question after it had
been considered and settled by the court
at q previous term. At the December
term, 1859, Chief Justice Chase and
Justices Nelson, Grier, Clifford and
Field voted that the legal tender act
did not apply to contracts entered IL
ID before its passage, and Justices Mil
Ter, Swayne and Davis voted that it did
ap, ly to such contracts. Now it is un-
derstood that Chief Justice Chase and
Justices Nelson, Clifford and Field voted
as they did when the case was before them
at previous term, while Justices Swayne,
Miller, Davis, Strong and Bradley voted
that the act applies to contracts made
previous to its passage. The death of
Judge Grier, and the passage of law in
creasing the court to nine members, ens-
bled Grant to pack the court with Strong
and Bradley, and thus the result. It will
be remembered that just after the former
decision was announced, the Radicals
commenced sgitsting for its reversal, and
it was threatened that this would be &C
compished just as it has been done. 1t
is not surprising that this result has ere
ated uneasiness and alarm, for if Grant
and the faction headed by him can force
the Suprem Court to degrade itself, as it
has done in this instance, and the act be
justified or even winked at by the party
that placed him in power, there is no
strocity that they may not perpe-
trate with impunity. 1t is graft
flying to find that there are some Radical
journals that condemn usurpations like
this. The Chicago Tribune, the leading
Radical paper in the Northwest is not
accustomed to speak disrespectfully of the
acts of the Grant administration which it
dissents from. But the extortion of the
glaringly illegal decision of the Supreme
Court on the legal tender question, causes
il 10 throw off all restraint of respect
and to speak Of the act as it would of
case in a police court. 1t describes the
judicial falsehood as a ''put up job"
and says:
'sThe recent decision of the Supreme
Court will strike the country, notwiLh-
standing the ingrained respect of the
reople for the Federal judiciary, as put
IN Job. Nothing has occurred in the
history of the country, except, possibly,
the bred Scott decision, so calculated to
impair confidence in the stability of the
court and the pernanency of the repub-
lie as this action.
eff Congress can make paper legal
tender in payment of contracts previous
ly existing, then Congress can make tur-
nips q legsl-,ender; if it can substitute
paper for coin, il can substitute coin for
paper, and at the next session, may sud-
denly enact that all outstanding contracts
based upon paper money, shall be payable
in coin Only-the government itaelf con-
tinuing to pay only in paper.
sIt declares that Congress may enact
laws impairing the obligations of con-
tracts. 1t declares that q decision made
this year, involving millions of dollars, is
liable TO be reversed next year, 1t de
clares that whenever q decision is made
which is not agreeable TO the Executive
ard q majority of Congress, it is liable TO
be reversed by the process of adding
enough new Judges to vote down the old
ones which is tautamount to sb )lishing
the court. The decision is also pernicious,
because it uDsettles principles OF CONNER
Cial law and commercial honor as old as
commerce itself. So long as credit re-
mains constituent item of trade, so long
must commerce depend upon the faithful
execution of contracts. Contracts having
a longer time TO run than the recess Of
Congress, no longer depend upon law, or
upon their own terms or obligations, but
rest upon the permanence of an accl-
dental majority in Congress. Looked at
in whatever light ii may be, this decision
works q revolution which may be more
fatal in its effects, present and remote,
than armed rebellion in half the States of
the Union. The country could survive
REBELLION, but it cannot outlive the de-
strucion of credit and the adjustment
Of the judicial branch of the government.
The New York Evening Post, also a
Radical paper of ability aud influence,
speaks cf the extcrted decision in terms
less harsh, but of no less solemn warning.
1t says:
''The decision immensely strengthens
that growing faction which advocates
the gradual Capitalization in the general
government of the powers which were
jealousy withheld from II by its found
eTS. II luuONuSGe, lOI iLC uIel llLlSs lDtN
the practice of our highest judiciary, the
theory of Interpretation by which al
powers not expressly forbidden 10 Con
gress by the Constitution are regarded a.
belonging TO il; and by which, therefore
Congress is 10 be made SIS supreme as the
parliament is in Great Britain over The
local laws and rights of the people
Hitherto the one great barrier 10 the usur
pstjons Of the Federal Government hs.
been the Supreme Court, which has re
fused to enforce acts not authorized by
the fundamental law. This barrier now
in the most important case in which /
has ever been tested, is withdrawn; snC
the people have no security whateve
that whenever a political party may b
found reckless enough TO attack thel
local liberties 10 Gny extent, under thu
forms oi the general government, a poll
teal Cm RI will not be found subservien
enough 20 enforce its DEGREES.
"Bui the worst aspect of the case
It's effect upon the character and position
of the Supreme Court itself II has aCte
in this important matter with an undigni
fed haste unprecedented in its history
In its better days, grave decision ono
proclaimed ny IL was respected by i
own members a. established law. 10 III
,xi ca'ly r,ie instances when sgch
4, IieiUn seemed TO need reconsideration
Il was reconsideTed with the utmost ca