The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-15

or authorized 10 he Issued hy oongrea6
are payable, principal aud interest, IN
gold or tho equivalent, aud that any
other payments without consent Of the
creditors, would be In violation OF lhe
public faith, aud In derogatIon Of his
rights,n
The resolutions 10 which II IL pro-
posed M Nh amendment now being be-
fore the senate, thes,natp resumed the
consideration Of the resolutions Of Mr
Matthews, declaring the right OF the
government 10 pay the bonds In sill
yer.
Mr.. Barley, Of Tennessee, read u
lengthy argument, m TO the consillu'
tional powers Of congress- In regulating
coinage.
The senate was Ia executive session
about mn hour, aud confirmed only
halfa dozen trlhing northern post.
masters.
The supreme court, In the case Of
Benson w Decuir, from the supreme
court, Louisiana, The supreme court
here hold the ciyil rights acts Of Lou
islana void, and interfering with com.
morce between the states, matter
wholly In the Jurisdiction OF congress.
The chief Justice delivered the opiu-
ion.
In this case Benson was masterof u
steamboat, enrolled aud licensed un,
der the laws of the United States, aud
plying between Now Orleans aud
Nicksburg, He refused passage to the
defendant on account Of her color and
this suit was brought under the law Of
tho state torbidding discrimination by
common carriers within the state on
account OF race or color. The defense
was that the law OF the state WAS n
void act, rs II had undertaken regu-
lation Of commerce, 40 far NJ the bust.
ness Of deiendant's vessel was con.
cerned, rs IL was engaged in interstate
trade anu commerce, n matter wholly
within the jurisdiction and control of
congress.
The state court held the law valid,
and the same question was presented
here. The statute IL regarded, In accord.
ance with the decision, rs requiring
those engaged In interstate commerce
to give all persons travelling in Lou~
isiana, upon the public conveyan ces
employed in the business, equal rights
and privileges without distinction Oh
account Of race or calor, and 1t is said
That FOR this reason the court has
nothing to do with 1t as n regulator of
internal commerce, or as affecting
anything else than there can be no
doubt that exclusive powers have been
conferred upon congress. The diili-
Guilty has never been as to the exist
ence of this power, but as to what Ia
to be deemed an encroachment upon
it, and it may be safely said that the
state legislation which seeks to impose
direct burden on interstate com
merce, or to interfere directly with
its freedom, encroaches OH the ex-
elusive power Of congress. The stat
ute IN question occupies this position,
1t does not act on the business through
local instruments to be employed
after the vehicle OF conveyance comes
within the state, but directly upon
business as it comes into the state
from without, or goes out from within,
while it purports only to control the
carrier when engaged within the state
it must necessarily influence his con-
duet to some extent in the MANAGE
ment of his business throughout the
entire voyage. Opinion of the lower
court reversed.
In the case Of Pennington vs. Sebley
county and state of Tennessee, re
versed This decision relieves the
Union and Planters bank from other
than its charter taxes. Justices Strong,
Clifton and Field dssented. Tney held
that the exemption of the contract
does not extend to shares of the bank
taxed as property against individuals
holding them. -Four other cases were
dispoaed of bv this decision,