The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-08
HIS LAST ACTS AND DECISIONS.


deeply moved by the tidings, being wholly unpre-
pared for such news. He states that at the last
conference Of the Court the faculties OF the Chief
Justice we're Is clear and unimpalred as ever, and
that he parted with him in the enjoyment Of his
usual health since the first attack, and with
promise Of continued Improvement. He had, how
ever, retained his cheerful disposition, and in his
family and official relations there was change.
There were no traces OF that disappointed ambi-
ton which many have assigned as the cause
Of his decay. On the contrary he has pursued
the even tenor Of his way with all the application
and labor which could be expected Of one in broken
health, and has seemed just as much interested In
the ultimate settlement Of the vexed questions Of
government which have arisen In consequence Of
the war; by the adjudications Of the Court, when
in the vgOr OF lie. a5s
MODEL OF JUDICIAL EXCELLENCE.
Hrs associates on the Bench unite In pronounc-
ing his style model of judicial excellence. He
was never prolx druse but always brief and
explicit and many OF his opinions are regarded as
among the abest ever pronounced from the
Bench. Certainly none OF his predecessors ever
passed upon graver questions, and none ever
quilted themselves with more distinction. During
the war the prize cases presented the great ques-
tons for decision, and in q series Of opinions in
those cases. maintaining that free ships made free
goods he established the preceden is OF the future
in this country. Il
THE CURRENCY QUESTIONS AFTER THE WAR.
After the war came the currency questions and
his opinions in Lane VS.. Oregon Rhodes VS.. Broh-
son. and the legal tender cases followed the first
deciding that the States could collect taxes in gold
and silver or in any other commodity, at their
pleasure; the second sustaining gold contracts,
and the third asserting the unconstitutionality
OF the legal tenders, since rcconsldered and
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the status Of the States in the Union affected by
the war; and in White vs.. Chiles it was held, the
Chief Justice delivering the opinion, that the con-
sttution in all its provisions looks to an
indestructible Union. composed Of indestructible
States. The case OF Thorington decided that con-
tracts made in a currency forced upon people by
DE- JdctO government. In which they did their
daily marketing and transacted all the affairs Of
life must be sustained, and that to declare them
void because such currency was issued by rebels
would be monstrous and absurd.
HIS VIEWS ON PRESIDENTIAL PARDOHs.
Later came the cases OF Padelford and Arm
strong in which the opinions delivered by the
Chief Justice the former holding that the pardon
OF the President not merely releases the offender
from the punishment prescribed for the offence,
but that it obliterates in legal contemplation, the
offence itself; and the latter overthrow
ing the Drake amendment by declaring that
the proclamation OF pardon and amnesty issued
by the President entitled the claimant to the
proceeds OF her captured and abandoned property
in the Treasury, without proof that she never gave
aid and comfort to the rebellion; that the pro-
clamation granting pardon Internationally, and
without reservation was q public act Of which all
Courts OF the United States were bound to take
notice. and to which all Courts were bound to give
effect year ago last Winter the Utah case was
+natn
ernments all the questions relating to their local
government, and that this was the theory upon
which Territorial organizations were based.
CLOSE ATTENTION TO BUSINESS RECENTLY.
During the term OF the Court just closed the Chief
Justice has regularly attended, and has not been
absent once on account OF Ill health. In two or
three instances he was away but only for two or
three days at time, and then for the
purpose Of attending TO private affairs, and at
o time when his presence was not particularly
required. Late In the term he went to Richmond
while the Court was In session there; but not as
was widely published to hold Court, but more for
recreation than anything else. He returned a
week or SO before the adjournment, and was
present at the final conferences and on the last
day Of the term.
AT THE LATEST COURT CONFERENCE.
At the last conference he ead his opinions to the
assembled Court which we're considered fully up
to his best efforts, although OF course, not concern
ing questions of the greatest Importance These
opinions were delivered by him one week ago to-
morrow, and as they are his last Efforts and have
considerable interest to the public, they are given
in full as follows:-
HIS LAST DECISIONS.
Frank X. Osborne, agent OF the southern Express
Company. plaintiff In error, VS.. The Mayor, Alder
man and Common Council OF Mobile--In error to
Supreme Court o. the state Of Alabama..Mr. Chief
Justice Chase delivered the opinion OF the Court
The plaintiff In error was the agent, at Mobile
Alabama, Of the southern Express Company, in
corporated by the State OF Georgia, and as such
transacted general forwarding and express
business within and extending beyond the limits
OF Alabama. An ordinance OF the city OF Mobile
was then In force, requiring that every express
company or railroad company doing business In
that city, and having business extending beyond
the limits OF the State should pay an annual license
OF $780, which should be deemed first grade
Incense; that every express or railroad company
doing business within the limits OF the state should
take out a license called second grade license and
pay therefor $780, and that every such company
dong business within the city should take out
third grade license, paying therefor $50. Itsub