Savannah morning news. [volume] (Savannah) 1868-1887, 1884-03-19
The Dissenting Opinion in the Legal
Tender Case.

The fun text Of Mr.. Justice FIELDS dis
scnting opinion in the legal tender case
has been published. Although he alone
of the court holds the view that Congress
has no power to impart legal tender
quality to the notes of the United States,
his opinion will be read with deep inter-
est. He holds that the trainers of the
| constitution intended to prohibit the issue
of legal tender notes. There is no record
| anywhere, he says, that the opinion was
ever entertained. until the late war, that
Congress mad power TO issue such notes.
Ii appears to have been conceded that it
had no such power. The advocates of
the existence of such power, during
the war, did not 90 further than to
claim that it was a war power, and to be
/ exercised only under the most urgent ne
cessity. Justice Field points out that the
| decision Of the court is based on the as
sumption that this is a government of
unlimited powers, when, the fact is, it is
a government of limited powers. The
position of the majority of the court, if
carried out to its legitimate conclusion,
would change the whole nature of our con-
stitution. Justice Field closes his opinion
as follows: From the decision of the
/ court ! see only evil likely to follow. There
have been times within the memory of all
| of us when the legal tender notes of the
United States were not eXchangeable for
more than One-half of their nominal value.
The possibility of such depreciation will
always attend paper money. This in
born infirmity no mere legislative decla-
ration can cure. If Congress has the
power to make the notes a legal tender
/ and to pass as money or its equivalent,
why should not a sufficient amount be Is
sued to pay the bonds of the United States
as they mature? Why pay interest on the
millions of dollars of bonds now due when
Congress can in one day make the money
to pay the principal: And why should
there be any restraint upon unlimited APP
preparations by the government for all
imaginary schemes of public improve
ment if the printing press can furnish the
money that is needed for them:"
In the Office of the Secretary Of the Sem
ate ut Washington, there is an old book
in which a record of the compensation
paid to Senators has been kept for ninety
years. This book, a few weeks ago, was
the subject of good deal of curiosity.
When the Senators voted themselves pri-
waite secretaries it was hunted up and
scanned for interesting information. 1t
was noticed las a fact of historical inter-
est that in the days when the earlier Bay
or-fTa in no bn e So
tors was deducted when they were absent.
Another fact of historical interest, which
does not seem to attract much attention
in Washington. is that the laws now ex-
listing are violated every time Senator
or member draws pay for day on which
he has been absent, unless the sickness Of
himself or Of some member of his family
was the cause. The Secretary of the Sen
ate and the Sergeant-at-Arms of the House
pay as little attention to this law as if it
were not on the statute book. There is
another there which says that if any
member or delegate withdraws from his
seat and does not return before the close
of the session, he shall lose not only his
paw for the days he is absent, but sum
equal to the mileage which would have
been allowed him for returning home"
Gen. McCook, the Secretary of the Senate,
sent this book to the government printing
office to be rebound. He ought TO have it
back by this time. When it is returned
to him does he propose to show it to Sena-
atOrs and the Sergeant-at-Arms, and will
the Sergeant-at-Arms make it the Occa-
sion for enforcing the law with respect to
deducting the pay of Senators when they
are absent? The law ought to be enforced
or repealed.