The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-01-16
WASHINGTON.


WASHINGTON, Jan. 15-General Emory has
again been instructed to withdraw the lroops to
the barracks and not interfere with the State
authorities of Louisiana.
1t is denied in official circles that there is any
unpleasantness whatever between Russia and
the United States or that there is any truth in
the report that Minister Curtin is to be recalled
The Spanish Minister WILL it is said, be fur
nished with copy of the affidavit of the cap
tain of the Florida in order that he may make
a response ON his side as preliminary to fur
Their action. Confidence is expressed in official
quarters that Spain will promptly make the re-
quired amend.
The Secretary of War endorses the PROPOSE
ton of Gen. Schofield for the construction, I'M
der authority of Congress- of telegraph from
San Diego, Cal, to military headquarters and
other important points in Arizona, at an ex-
pense of $4,000.
mends an appropriation of $125,0OO for subsist-
ing the Apaches of Arizona and New Mexico
for the remainder of the fiscal year.
NAVAL MATTERS.
Commodore Grossman and q number of off
GERS have been detached from the ship Marion
and placed on waiting orders.
The President has nominated to the Senate,
Lieut.. Commander Edward Terry to be Com
mander; Capt. VIM B. Whiting to be Commo-
dore on the retired list,
OPINION OF THE SUPREME COURT IN THE LEGAL
TENDER CASES.
WASHINGTON, Jan. 15-Justice Strong deliv-
cred the opinion of the Supreme Court in the
legal tender cases to-day substantially as fol-
lows The debts contracted since February 25,
1862 are by far, the greatest portion of the in
debtedness of the country. They were con-
tracted in view of the acts of Congress, declar-
ing treasury notes legal tender, and in reli-
ance upon that declaration, no well founded
distinction can be made between constitutional
validity of the act of Congress declaring treas
ury notes legal tender for the payments Of debts
contracted after its passage and that of the act
making them legal tender for the discharge of
all debts. There may be difference in the eff
fects produced by the acts and in the hardships
of their operation but, in both cases. the funda-
mental question which tests the validity of leg
islation is: Scan Congress constitptionally give
to the treasury notes the character and qualities
of money, and can such notes be constituted
legitimate circulating medium?' Having de-
fined legal value, lengthy examination of the
rules of constitutional construction is made and
the conclusion is that Congress has authority in
all cases to enact laws necessary and proper for
the execution of all powers created by the Con-
stitution; and that the necessity spoken OF is
within the judgment and discretion Of Congress
1t is determined that one of the duties of the
government is to preserve itself, and that this
government is possessed of all the necessary
powers to that end, and that if it were certain
nothing else would supply the absolute mecca
sites of the treasury, that if nothing else would
have enabled the government to maintain its
have saved the government and constitution
from destruction, while the legal tender act
would, it cannot be said that Congress trans
crossed its power in the enactment of those
laws; or if these enactments did not work this
result, 1t cannot be maintained now that they
were not for legitimate end and appropriate
and adapted to that end. That they did work
such results cannot be doubted; and if IL he
conceded that some other means might have
been chosen for the accomplishment OF the same
necessary objects than thn ant mt
weakened by the concession Congress had the
choice OF means and it chose sufficient and
proper one as IT had night to do. The grant
to Congress OF power to coin money cannot be
against the issue Of legal tender notes, and if it
| raises any implications, they are OF complete
| power over the currency rather than restrain
ing. The objection that the legal tender act
| lmpalrs the obligations of contracts cannot be
| accepted, for it is not an obligation of debtor
to pay gold or silver as to contracts, but to pay
money generally, not contracts to pay specifically
| defined moneF,dr the kind of money recognized
by lava the time when the contract was made;
nor is 1t MS duty TO pay money OF equal intrinsic
creditor and the anticipation of the debtor may
have been that the contract would be discharged
by the payment of a coined metal, but neither
the expectation of the one nor the other con-
Contract to pay sy %5y Il pa Sa' woS
law shall recognize as money when the pay
ment is to, be made If there is anything to be
settled blythe decision isis thg, and iteanqHfots
lection that the legal tender acts were prohibited
by the constitutional provision prohibiting the
taking Sa P5gas nGPs for pA4 we With
vision has always been understood to refer only
to direct appropriations and not to consequent
tial injuries resulting from the exercise of law
full power. The objection that the unit money
value must possess intrinsic value is regarded
as foreign t6 the suhjeet The leg!s.l tender acts
do not attempt to make a standard of value.
Their validity is not vested upon the assertion
that their emission is coinage or any regulation
OF the value OF money, nor is it asserted that
Congress had power 70 enact that the Govern
ments promises to pay money shall be, for the
time being, equivalent in value to the represen-
tatlve OF value determined by the coinage acts
| as to the laultiples hereof.
| This decision overrliies SO much Of what was
| decided in the Hepburn VS.. Grswod case as
ruled the legal tender acts hnwarranted by the
| Constitution so far as they apply to contracts
made before their enactment, o'