, 1875-08-18


body has not been recovered. His place in
time Of great danger would DO in the net
work near tho valve, mud a sudden plunge Of
the balloou would find him cntangled in the
rigging, thus to bs tlrnggod down and hold at
tho bottom When the balloon sank.
NcoNsG1rur1oNA11TY OF NEW ISSUES
OF LEGALrrENDERa.
At tho time tho Supreme Court was first
called upon for decision Of tho questions
arising under tic Legal-Tondor nets, tllo
question was whether contract male prior
to tho tlnto of these nets was satisfied by
tender of grcctbncks. Tho Court decided
Tint tho Legal. Tender nets applied cqnaily to
| contracts existing ut their ditto as to those
| made thereafter; and TINT the clauscs in tho
acts Of 1Sc. and 1868 making United States
notes legal-tenler in payment of ali debts,
public md private, were ungarrantod by tho
Constitution.
Tho Judges concurring III this decision
were CnAsg, Chief-Juatico ; NELsoA, Ha1En,
CLtrFonp, aud FIELD. The dissenting Judges
were Justices SwAYsg, Miner, apl DAVIS.
Judge Gn1Ea resigned Mt tho Same term OF
| tho Court, nnl Congress- increased the num-
Der Of Judges to nine. Judges S7noso and
BRADLEY were appointed to fill the vacancies.
A minority Of tho Court as reorganized or
dered reargument of tho lega1-tender
cases, and minority of tho Court reversed
tho decision, holding tho Legal Tender acts
Wild The majority of tho Court which af-
armcd tho constitutionaity of the Legal
! Tender acts was composed of the newly
appointed Justices, srnoNa and BRADLEY,
aud tho threo Judges who had dissoutod In
tho 1rst case. Tho other four Judgea hold
that the ncts were not constitutional.
In tho Inst caso, in which the Legal-Tcnder
acts ware sustained, opinions wero delivered
in tho affirmative by A1cssrs. DnAnLgr ind
6TRoso; Justices DAv1B SwAxNE, md Al1ALKn
morely concurring i'll tho Judgment, they hav-
ing delivered their opinion In tho first case.
In TINT first case they placed the constitu-
tionality Of tho Legal -Tendor acts upon the
following ground:
That the power Of Congress WAS founded
on tho general grant OF authority :" To make
MI laws which shnll DO necessary aud proper
for carrying into execution" the powers di-
reotly granted to Congress-. This power to
1ako paper lcgal-teuder not being one
granted or denied to Congress in express
tcrma, then was it necessary and proper at
thu time it was enacted for carrying into ere-
cution any expressly granted power? Among
the known powers ara those to declare war,
borrow money, support armies, etc.
At the time Of these acts this country WIS
at war; all tho ordinary means Of rendering
efficient the powers Of Congress had boon
employed the spirit Of tho Rebellion WAS
unbrokon tho credit OF tho Government
was nearly exhausted; taxation was inadc-
qnato to pay even tho intorest on the exist
ing dobt; q general collapse Of credit, OF
payment, aud business seemed inevitable, In
which filth in the ability OF tho Government
would have been destroyed, the Rebellion
would have triumphed, tho States beon li.
vided, and tho people impoverished. Tbs
NationM Government would havo porishad,
and with 1t the Constitution which tho Court
WINS thon constituting. "Congross," said
Judge M1L1En, "waa called on 10 loylse
soue new means Of borrowing money on the
credit Of the nation, for the result OF tho
War was conceded by all thoughtful men to
deponl OH the capacity Of the Govern
ment TO raise money In amounts pro-
viorlhly unknown" And, speaking for
he aided: Tint the Lcgal-Tendor
act prevented these disastrous results, and
J that tho tender clause WIS necessary to pro-
| vent them, I entertain no doubt" After an
argument to show that no other means were
y OPEN to Congress- to meet the exigency, lie
: states that tho Legal Tender acts were