The New York herald., 1876-03-01

WASHINGTON, Feb. 90, 1S7H
THE LEGALITY OF THE LEGAL TENDER ISSUE
IN TIME OF PEAcE-A NEW IDEA FOR THE
SETTLEMENT OF THE CURRENCY QUESTION.
Some observers here have come to the conviction
that although no further imitation OF the currency Is
to be dreaded the other hand there is apparent
prospect Of actually restoring the specie standard by
positive legislation, aud they are therefore, OF opinion
that is time to bring this legal tender question before
the Supreme Court upon u new issue that has
not yet been passed upon. The Court has
determined that the issue OF the legal
tender notes lawful in time of war TO meet the
cxigcncy of war, but this original act provides that
they shall only be ressued while the exgency
in force
1t is held that the exigency the necessity OF COL
lecting forced oan and that when legal note
Is returned to the Treasury in liquidation of 1t
has ended its function that In being returned to the
Treasury for such a tax 1t conveyed TO the govern
ment title to the thing borrowed by its In tho
Treasury II is therefore money, but only
evidence Of debt paid, as much as a recepted
bill. II freissued It works the collection OF a forced
loan in time of peace, when exigency exists and 1t
is insisted that such reissue is unlawful upon the very
reasoning by which the Court justified the original
issue in time OF war
It is believed that The politicians OF all stripes would
be much oliey cd If the could take hi question
out of their way and that the of the peo
pie would support the Supreme Court in decision that
would forever bar tho of rrodeemabe government
notes in time OF peace plenty. 1t not improb-
able that the question may bo brought before tho Su-
preme Court very by the refusal by citizens to
receive in payment of deb legal tender notes recently
issued from the Treasury, and bearing date which Is
itself sufficient evidence that they wcro issued since
the exigcncy for which they allowed has ceased.
THE LETTER TO THE WESTERN DISTRICT At
ToRNEYs IN THE LIGHT OF THE INSTRUCTIONS
FROM THE TREASURY DEPARTMENT.
The general anxiety that Attorney General Pierre
pont should "expose the facts which, as he asserted
in hts letter to tho HERALD required the letter the
district attorneys, will be increased when the following
instructions by Secretary Bristow on the same
subject Issued last October is read. Mr.
Pierrepont's letter to the district attorneys
and also his letter to the HERALD have
been understood in some quarters imputing blame
to the district attorneys and to the Treasury Depart
ment, under whose instructions by law they act in
revenue cases. Tho following telegram from the Sec
retary of the Treasury shows what these instructions
were:-
TREASURY DEPARTMENT Oct. IL, 1875.
BLuFoRD WILSON, care United States District Attorney
1t not easy at this distance to say what If any
thing, should bo conceded by the government in
others The District Attorney and associates being on
the ground and 10 possession Of all the facts better
qualified TO deridc such questions. would say, gen.
orally however, that unless important ends TO be
gained In other cases l would make
terms with any. indicted party. Tho question in
hand does not relate alone 10 the amount OF money
involved In these particular cases. but Affects the nteg
rty OF the revenue and complete success in these
prosecutions would be OF great value 10 the govern
ment hereafter. Therefore, would say the parties
who offer to surrender and ask terms that they should
plead guilty the charges to such of them as they
10 tho
Court, throw themselves on its clemency and sub
init TO such punishment as the Court may pronounce,
would make agreement IN advance for SUI uspension
OF Judgment nor would | ask the Court after
plea OF guilty, TO suspend sentence in any
unless upon hearing tho statement OF the party in
open court il should be deemed proper to use him as
witness against greater offender
The conviction and punishment OF corrupt and guilty
officials are OF tho first importance, and all proper
TO this end shouli be used. The Attorney Gen.
eral and Commissioner OF Internal Revenue IN
this b. u. BRISTOW, Secretary
1t is interesting compare this with the Attorney
Generals letter.
THE TRANSFER OF THE INDIAN BUREAU
TRADERS AND PHILANTHRoPIsTs WORKING IN
CONCERT.
Strong efforts making TO prevent the transfer OF
Indian affairs TO the War Department IL is curious
that persons supposed be prontably engaged in In
dian contracts and others known as philauthropists
unite in this opposition. A proposition has been
quietly urged to create new Indian bureau, with
seni-independcnt position and amcnabe partly
TO the Interior, partly TO the War De-
partmcnt, and partly to nobody. 1t is certain,
however, that the members OF the Indian
Ring oppose the transfer the War Department and
will fight hard and the measure Acknowledged be
necessary by every man who has studied the Indian
question, viii have great dificni,y In passing.
General Grant urged II in the FIRST years OF his nd
mnistration and IL Is hoped by that no will bring
his potent influence to the help OF this reform when
the time comes.
member OF the House remarked tho Indian
question that he would be willing settle IL as
Arizona IS concerned by giving every white inhabant
OF that Territory $500 per annum TO 1.-Two somewhere
else He thought II would be Of economy
THE SITUATION IN NEW ORLEANS AND now 1T
IS REGARDED.
The situation In New Orleans is not dlspleasing 70
republicans hero who see the "bioody shirt"
looming up 1t Oils the democrats with dismay. II
has raised tho hopes OF Mr. Pinchback who on close
count OF the Senate believes that whom General
side returns, he be admitted by q majority Of one
or two
FROM OUR REGULAR CORRESPONDENT.