The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-16
TIE LEGAL TENDER QUESTION.
The Power Of Congress to Compel the Creditor to
Receive Value for Contracts Made Before as
Well as Since the War in Notes Instead
OF Coin-Disseuting Opinions Of Chief
Justice Chase and Justices
Clifford and Field


"AouiNuIoN, L. O Jan. 10, 1872.
SUPREME COURT, No. 10-DECRMBER TERM 1870.
Knor u.s. Zee, ana No. II, Same Term, Parker us
Dacts-Error 10 Circuit Court for Western dsrric1'
OF Texas, and Supreme Judicial Court Of Massachu-
setts.-After some remarks upon the Importance OF
decision TO be made Mr.. Justice Strong read the
opinion OF the Court substantially as rollows:-
1881 debts Which have been contracted since February
% q ss: 81
legal notes sn Ss1e be-
s h
:nla@ n s:;s:
al a s w an Of s an
contemplated they SHOULD large percentage
for gold to satisfy contracts that runous sacrifice
DE and Thss Do
well founded distinction to be made between TIE constu
s''s:
e." $ cent:
S",e BY Gs acts and the hardship Of their Operations
validity sssation IS Can Con sress constit.
9nay rgs Is the and
, sna I. medium having defined legal value they
expressly excepted solvable in money without refer
SSsn .. ns . iSa'is so.e wse
hold the LEGAL tender , acts appsd
also to hold tina. the invalid debts
be discharged only BY gold and
lengthy examination Of the rules of constitutional
has authority all necessary proper
S
the Judgment s ana discretion Of Congress de-
maintain the army navy. said that it
@ thai a. won sSs supplied the
enabled the to mantan is armies and
e the the &
1" in s ne sa Of ho. s
these did work the result be main tanned
hs s1%
that - some st esSs,
msn s have been S the n.
s no. weakened by the concession. Congress,
S: a @ &c e 5 rs
in their opnon some other means would have been
s sm . k s5 Ss ss s Us2 n
suggested could have been successful The credit Of
Issue note. which had nothing
:s
Sr npsS that a. FIRST an
making
rather DECLARED nns. to avoid the necessity
regardsd as an implied prohibition against thu
they are of complete the currency rather thai
objscton that The Legal Tender act mpai the obea
ons Of ss;a cannot DC for not an oea
70 seSsry contract: ;DsSsa
when ii:
.n Ssa the aep
ton Of the debtor may have been that the contract woudbs
s1rsetaon party contrac. concsrnin.
q contrae, to pay 70
that which the law shall recognize money when the
NJ;
5 81 mot O s s s s n s
rendering them raiess or partially So brscty It may,
@ BY passing BANKRUPT act pas.
entirely So NAV relieve parties from their obt
s nT n must a.s 81 wa All :aGn s
tracts and not merely hinder, but relieve paTs,
the objection Legal Tender were prohb-
PM
e.
% e : ns:
tina. cSnsre. has the to enact that
:S"ss: :%Sss ] #.
speak Of II and contemplate. merely STANDARD for that
Ss, '"ss "nfT " no. d dG 90
much Of What 4, was decided sp.nn vs. Wan
suton so far they apply to contracts made before their
said unprecedented thing in Of
resort both In this country and in England to override de-
private Interests, II this Court convinced made
Il agreed this sou not Be done
sS % as s a
its powers regarded duty to decide
and to Affirm the judgments below IN both cases It is also
the absence of full Court 1t be avoided.
Mr. Justice BRADLEY read q lengthy opinion, con-
curing in the conclusions OF Mr.. Justice Strong.
The CuIEF JUSTICE and Justices CLIFFORD and
FIELD-all the dissenting Justices, except Mr. Jus
tice NELSON, who was not present-read dissenting
opinions setting forth at great length the minortys
views. with which the country Is familiar, as nav.
ing been the opinion OF the Court in the former
decision OF the legal tender question. In conclu-
sion the Chief Justice says:-
IT, then, plain words, H conemp oraneous
exposition OF parties common consent
u the opinions OF Courts avail anything in determining
meaning constitution seems Impossible 10 doubt
that the power to coin money is a power 20 establish
uniform standard Of value that power ets
stion My bro.ners Clifford and Field Concur in ,Sess
but sw @ OF TOE Of The p,
brother Nelson also dssents.
No other opinions were delivered and the Court
sat until five O'Clock FOR the reading OF the nve
opinions In these cases. The Chief Justice an
nounced that the Court would not SIT tomorrow,
but would be engaged In conference. The dissent
ing opinions refer to the fact that the question on
It's former dec lsi0n was so ably argued and decided
with as mature elaboration any cause ever before
the Court. by full Court the decision being con.
CURED IN oy nve JUSTICES against three dissenting.
and Its decision Is now Overruled by i've Justices ia
four. the Court now being composed OF nine JUS
ices and all those then upon the bench now retain
Ing the views then expressed
ALLEGED HOMICIDE