The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-10-16
NEW YORK HERALD MONDAY OCTOBER Is s7l-TRPLE SHEET

me oupIe" ooaSt OF Georpia, involving question
: ~" oincing force Of notes given for slaves be-
o se issuance Of the emancipation proclamation,
ii be decided after argument Is heard M the SINH
ar case OF Holmes VS.. Sewer, an appeal from the
Circuit Court Of Arkansas, which wiil probably ee
reached 10 the course OF two or three months
The decision In the former case win turn
upon the question whether the provision OF the
Georgia constitution, prohibiting the enforcement
OF any debt, the CONSIDERATION OF which was save,
or slaves Inc hire thereof is in coniraven'on OF
the article OF the National constitution which de-
carcs that no state shall make any law impaiTing
the obligation Of Contracts The decision OF inc
Supreme Court, rendered last spring IN case
where q note for slaves was concerned, was deter
mined by other considerations; and the Impression
prevalent in some quarters that the foregoing ques
ton was then decided ia, therefore, erroneous
The opinion OF the majority OF the Court, consist
ing OF Justices Miilar. Swayne, Davis, Strong ana
Bradley, and that OF Chief Justice Chase and JUS
200 Nelson, Field and Clinord, constituting the
minons'' IN regard 10 the constituuonality OF the
Legai Ienuer NO. "hlch was withheld when the de-
cisoh rs an"ou"ceu ias~ Nay, VIII be made public
during the present term. so0l- otter commence
ment
Among the important cases TO be ARMED ..-- term
or the next is expected there win be one 10 teso
the consututionaltty OF the cotton tax. II will he
remembered that case appealed from Tennessee
involving this question was decided BY the Supreme
Court last WINTER when the judgment OF the inferior
tribunal affirming the consiitutonality OF the cotton
tax was upheld, but only by division OF the Court,
the Chief Justice being absent. No opinion having
been rendered and the decision applying only
particular then presented, otner cases involv
ing the same question win not necessarily he de-
cided IN the same way, and the final judgment Of
the Supreme Court upon 1t Is, therefore, yet to be
recorded.
The Sut -Kn KInx Committee,
consisting OF Representatives Scofeld, Lansing,
voorhees, ana Senator Bayard, TO take testimony IN
Georgia, Florida and North and South Carolina,
Will meet at Knoxville on the 18th inst to arrange
the programme.
Personal.
The Secretary Of the Treasury was prevented by
pressure OF public business from gong to Boston.
lie will next week make Driei visit to his house in
Massachusetts.
The Legality of Major Hodges Sentence.
Some doubt having been expressed as 10 the
LEGALITY OF the sentence OF the court martial the
case Of Paymaster Hodges, Imposing upon Inn the
punishment Of imprisonment in q pententary, it
may be stated that full authority for such sentences
Is found in the act OF July 1864, chapter 225
ton 10, which provides that any officer, soldier.
seaman or marine who shall commit certain
crimes. among which Is emoezzlement may be SEN
fenced by a court martial to punishment In peni-
Tertiary. The general legality OF court martial
sentences TO a penitenLary Is also established or
recognized Dy MT less than I've other acts OF Con-
gress, decision OF the Supreme Court and several
opinions OF Attorneys General Black, Bates and
Evarts.
The Currency Burned at Chicago.
The Secretary OF the Treasury has authorized the
United States Treasurer to issue one million aud a
half or United states notes to take the place OF
United States and National bank notes burned in
the government vault at Chicago.