The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-08-19
HOW GREENBAC CKS WERE MADE
A LEGAL TENDER.

HOH UhItIIN Ia OLAO W IAs1N ~N~A~@
A LEGAL TENDER.
In 1868 case was brought before the
Supreme Court Of the Uaited States, test
ing the constitutionality of the act of
Congress making greenbacks legal ten
der for the payment of all debts The
court at that time decided that green
backs could not be made legal tender.
This decision was made by FIVE members
of the court, affirming the decision, and
three members dissenting. The court at
that time consisted of eight judges. In
1870, after the court had been reorgan-
lied, by the appointment Of Republican
to max the number of judges nine, and
the appointment of another Republican
to fill the vacancy occasioned by the re-
signation of Justice Greer, the Constitu-
tionality of the act to make greenbacks
legal tender for the payment of debts,
was again brought before the court in the
case of Knox VS.. Lee. The court after
hearing the argument of Mr.. Potter
against making greenbacks legal tender
and the argument of the Republican At
torney General to make them legal ten
der, rendered their decision that they
were, and reversed their former decision
that greenbacks were not legal tender,
FIVE of the members of the court agree
ing that they were, and four of the MEM
bers dissenting. Among the four mem
bers of the court who dissented was
Chief Justice Chase, and in giving his
dissenting opinion, gave the history OF
both decisions, as follows:
"a majority Of the court, five to four, in
the opinion which has just been read, re-
verses the Judgment rendered by the for
mer majority of five to three, in pursu-
ance of an opinion formed after repeated
arguments, at successive terms, and care,
full consideration; and declares the legal
tender clause to be constitutional that is
to say, that an act of Congress making
promises to pay dollars legal tender as
coined dollars in payment of pre.existing
debts is means appropriate and plainly
adapted to the exercise OF powers ex-
pressly granted by the Constitution, and
not prohibited itself by the Constitution
but consistent with its letter and spirit
And this reversal unprecedented in the
history of the court, has been produced
by no change in the opinions OF those
who concurred in the former judgment
One closed an honorable judicial career
bv resignation after the case had been
decided, after the opinion had been read
and agreed to in conference, and after
the day when it would have been deliv'
cred in court, had not the delivery heen
postponed for week to give time for the
preparation of the dissenting opinion
The court was then full, but the vacancy
caused by the resignation of Mr.. Justice
Greer having been subsequently filled
and an additional justice having been ap
pointed under the act increasing the
number of judges to nine, which took eff
feet on the first Monday of December
1869, the then majority find themselves
in a minority of the court, as now consti'
tuted, upon the question"
By this decision, from the highest judi
cial tribunal of the United States, green
backs were not only made legal tender
for the payment of all debts made since
they were issued and circulated as mo-
ney by the Government of the United
States, but also legal tender for the pdymen
of all debts contracted before their issue; and
also the legal circulating currency o.
the country. National bank notes, or
which the government pays the bankers
, large interest, are redeemed in nothing
else but the money that the Republican
Supreme Court decided was legal tender
for the payment ofall debts,
With this decision of the Supreme
, Court and the facts staring them in the
face, we find Republican newspapers anC
stumpers, and tools of national bankers
all over the country, deserving and belit
Ting the legal currency of the country
made so by the highest judicial tribuna
/, in the land. Could anything be more per
4 tidious and base, than the present con
: duct of the leaders of the Republican
party in deserting their own offspring?
~ Greenbacks having been made by al
Fact of Congress and the decision Of th'
Supreme Court of the United States, thu
) circulating medium of the country, and {
legal tender for the payment of all debts
instead of gold and silver, the Democrat
ic party, in accordance with its ancien
traditions, and willing to abide by thu
laws of Congress, and the decisions o
the courts, accepts greenbacks as the cir
: culating medium, and the legal tender fo
the payment of all debts instead of golC
! and silver. They also do SO, from the
fact, that greenbacks do not bear inter
est, and that interest has to be paiC
to make them a circulating me
dium and legal tender, and they prefe
them to bank notes, which are only re
deemable in greenbacks. The leaders o
. the Republican party are trying to d.
away with greenbacks and put in thei
places notes that government pays bank
ers heavy interest for putting them il
circulation. That will explain why th'
Democracy wish greenbacks to be th'
circulating medium and legal tender o
the country, instead of interest-bearinl
: national bank notes.
-
Mr.. HAssAUREK, through the VOlksbldt
J continues to assail General Cary becaus'