The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1884-03-13
IMPORTANT DECISIONS.
United States Legal Tender Notes
Again Sustained by the Su-
prcme Court.
A Decision Adverse to the Five Per
Cent. Land Claims Of Illinois
and Iowa.
The Southern Ku.Kluxery Must Serve
Out Their Penitentiary
Sentences.

A decision has just been rendered BY The Su.
prcme Court Of the United States In the long
pending legal tender case Of Augustus d Juillard
W.. Thomas s. Greenman. brought before It by
writ OF error IN the Circuit Court or the United
The question presented by the case, as stated
by the court, L.: Whether the notes or the
United st tcs, issued In time OF war under an
der in payment Of private debts. and s,ierwsrd
In peace redeemed and paid for In gold coin at tho
Treasury, and then reissued under the act Of
1873, can. under the Constitution Of the United
States be legal tender IN payment Of such
debts The court IL unanimously OF the opin.
lon that the present case cannot be distinguished
In principle from the cases heretofore decided
ana reported under the names Of legal tender
cases. and all the Justices except Justice Field,
who adhercs to the views expressed In the dis.
s.nting Opinions In those eases, ere Of the
court holds, there. ore, that Congress had
power to issue obligations OF the United States
In such form, and TO impress upon them such
qualities ~ currency for the purchase OF mcr.
chandisc and the payment Of debts In accord
with the usages OF sovereign government.
The power las incident 70 the power Of bor-
the sy FOR moneys S Hna nssds
Of impressina upon those bills or notes the
quail Of being legal tender for the payment
OF private debts was power universally under,
stood to belong to sovereignty in Europe and
America at the time Of the framing and the
adoption Of the Constitution Of the United
states. This power Of making notes OF TIM
United states legal tender In payment OF private
debts, being included in the power to borrow
money and to provide national currency. ts
not defeated or restricted by the fact that Its
exercise may affect the value OF private con-
tracts. IT. upon just and fair Interpretation
OF the whole Constitution, particular power or
authority appears TO be vested IN Congress-, u Is
to its exercise that the property or contracts Of
individuals may he incidentally affected.
Congress-, the court sAys in conclusion, -
the LEGISLATURE Of SOVEREIGN nation, being e..
and collect taxes. to pay debts, AMI 10 provide
ior the common defense and general welfare OF
the United States, and to borrow money on the
credit Of the United States, and to coin money
and regulate the value thereof. and OF foreign
coin. and being clearly authorized, as incidental
to the exercise Of these great powers bills
vide national currency for the whole people In
the torn. Of coin, Treasury notes. and national
bank bills. aud the power to make the notes OF
the Government legal tender In payment OF
private debts being one Of the powers belonging
to the soyereigns in other civilized nations and
not expressly withheld from Congress by theCon-
conclusion that the impressing upon the Treas
ury notes Of the United States the quality OF
being legal tender In payment OF private
,nlsinv adante ~ ihc caecticn ~ nndoubted
powers Of Congress-, and consistent with tho
letter and spirit Of the Constitution, and there
fore. within the meaning Of that instrument,
necessary and proper for the carrying into exc
cntton OF the powers vested by this Constitu-
ton In the Government Of the United states.
such being our conclusion In the matter OF the
law question, whether at any particular time In
war or peace the cxiRenoy is such, by reason
OF unusual and pressing demands on the re-
sources OF the Government, or OF the made
furnish tho currency needed for uses Of the
Government and Of the people, that 1t II. ~ .
matter Of fact, wise and cxpcdient to resort to
mined ss nssn Inc Question o.
igency shall arise, and not judicial question 70
be afterward passed upon by the courts. It
tionai and valid. and shs. the Circuit Court
rightly hrld that the tender In Treasury notes
retssued and kept in circulation under that act
tender q lawful N ;nds q
ment Of the Circuit Court IL affirmed.
THE FIyE-PER-CENT. LAND CASES
4 decision was also rendered by the court
N what are generally known as the S.per- cent
land cases-siz. The State OF Iowa and state OF
Illinois against Noah &. Mcfarland, Commits
sioncr OF the General Land Office. These were
petitions Tor writs of mandamus to compel the
make statement OF the account between the
United States and States OF Iowa and Illinois for
the purpose of obtaining what sums are due said
soa to sSe 'd unien which so the
payment to them OF t-per cent. Of the
net proceeds Of the public lands lying
WlI0in lHeiI lmlt6 winch eUOulu DC
sold by Congress The question presented by
the cases Is whether or not public lands located
by the military bounty land-wArrants come
within the scope Of the acts above mentioned
that u, whether such lands are lands sold by
Congress-. The court holds that Under the
act of March ;, lsi5, relating TO the admission
OF the state Of Iowa into the Union. or the at
OF April IL, ISIS. for the admission OF the State
OF Illinois into e Union. by which per cent.
OF the net proceeds OF lands lying within the
State and afterMard sold by Congress-, Is
rta T..r M af
the state. the State Is not entitled to per-
centage on the value Of lands disposed OF by
Congress in satisfaction OF military land war
PANTS.
The writs Of mandamus prayed for are there
fore refused and the petitions dismissed.
THE Ku-kLux CASES.
decision was also rendered In what are
known Is the Ku- Klux cases, which stand on the
original docket under the title. Eek parte, in the
matter OF Jasper Marlborough and Others" They
o under nds
ment or the United States Circuit Court for the
Northern District Of Georgia, rendered after the
trial and conviction OF the prisoners for the OF
Tense of threatening, beating, and otherwise In
timidating colorcd voters n an election In Geor-
via for members Of Congress The principal
question presented relates 70 the constitution
Atty Of the law under which the prisoners are
held. Justice Miller. speaking for the court.
after detiiing that tho oifense set forth in the
indictment Is fully covered by Secs. 55os and
SSH, Revised Statutes, says:
-Th i = government whose essential character
is republican, whose executive head and legts-
latisc body are both elective, whose most nu-
merous and powerful branch-the Legislature
Is elected by the people directly, has
no power and no appropriate laws to
secure this election from the influence Of
violence corruption. and fraud In . prof. osition
50 startling as to arrest attention and de-
mand the Rrayest consideration. IL this Gov
crnment Is anything more than mere aggre-
cation Of delegated agents Of other States and
Governments, each OF which IL superior to the
General Government. II must have power to
protect an election, on which its existence de-
ponds, from violence and corruption. III II has
not this power, II Is left helpless before two
great natural and historical enemies OF all re-
publics-open violence and insidious corrup-
ton
He asks, IL Il be not doubted that Congress
has powers to provide laws for the proper con-
duct Of elections for Representatives In Con-
gr.ss. Are such powers annulled because an
election for State officers Is held 1t the same
time and place. and replies:
These questions answer themselves, and II IL
only because the Congress Of the United States,
through long habit and long years OF forbear.
ance. has, in Difference and respect to the States