The Red Cloud chief., 1884-03-14
DECISIONS.

-
HE o. 8. Sap~sms Csart Declares Con-
ssftuSioaal the kslssue Of Legal-14ndei
Notes Of l070-Kuklux Cases Disposed
Of
WASHINGTON, March "A decision was
rendered by the Supreme Court OF the
United States yesterday In the long pending
lexal-tendsr Ease Of Augustus D.. Juillard va.
Thomas 8. Grsenman, brought here byR
writ of error in the Circuit Court Of the
| United States for the Southern District of
| New York. The question presented by the
case, Is stated by b court, is:
whether the notes Of the United States.
Issued in q time of war under an act Of Con-
gress declaring them to be legal tender in
payment of private debts, and afterward in
peace redeemed and paid for in gold coin at
the Treasury, aad then reissued under the act
of 1875, can. under the Constitution Of the
United States, be . lesaitender in payment Of
such debts."
The court 10 unanimously of the opinion
that the present case can not be distinguished
in principle from the cases heretofore decided
and reported under the NAMES of Legal
tender Cases IL Wall, Gi; "Dooly vs.
Smith" Q3 Wall. S0A; Railroad Com
psaay vs., J0h IN. R.,,ro nS oo Wall, 1885, y;
wan, les, and all the Justices except Justice
Field, who adheres to the views expressed in
the dissenting opinions In those cases, are of
TIC OUluIOm Su&l toC WIN "a ia GcCtutI-
The court holds, therefore, that Congress bag
power to issue Obligations of the United
States In such form and TO impress upon them
such qualities as currency for the purchase Of
merchandise and the aymen of debts in ac-
cord with the usageS of sovereign Govern
ment. The power las incident TO the poweESt
borrowing money and issuing bills and MOTHS
of the Government for money borrowed OF
impressing upon those bills or notes the
quality of being legal tender for the payment
of private deots, WAS a power universally
S-l.-.e>o1 " hlO0D n GnNn-frDr- in
Europe and America at the tine of the framing
and the adoption of the Constitution of to-
United States. This power of making moth
of the United States legaltender in payment
of private debts, being included in the power
to borrow money and 10 provide National eur
rency, Is not defeated or restricted by the fact
that It's exercise may snect the vslue OF pr-
vate contracts. Ii, upon a just and fair inter-
probation of the whole Constitution, a par
ticular power or authority appears tn be
vested in Congress, IL is no constitutional OBJ
lection 70 the existence or TO its exercise that
the property or contracts OF individuals may
be incidentally Affected
Congress the court says, IN conclusioA-
as the Legislature OF a sovereign Nation. be-
ing expressly empowered by the Constitution
to lay and collect taxes TO pay debts and TO
provide for 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,
ana of foreign coin, and being clearly author
lied, Is incidental to the exercise of these great
powers, to issue bills of credit TO charter
National banks, N 70 provide q Ma
tional currency for the whole pee
and NationaLbank bills. and the power u
make the notes of the Government a legal
tender in aymen of private debts being one
of the powers belonging to the soverei9ns in
other civilized Nations, and not expressly
withheld from Congress BY tine Constitution,
are irresistibly irapeiled to the conclusion
that the impressing upon the Treasury notes
OF the United States the quality of being a
tender in Bavneut OF private debts "a
appropriate means. conducive and
plainly adapted to the execution OF undoupA
the letter and spirit of the Constitution.
therefore,, within the meaning of that in
necessary and proper for the carry
ing into execution of the powers vested BY
he Constitution in the Government of the
U nitod States. Such being our conclusion in
matter of the law question, whether at any
time in war or peace the e1igeney
Q such Dy reason OF unusual and pressing dr
uaads on the resources OF the GOyernmenS
Or Of the inadequacy of the supply of gold any
'ilver coin TO furnish the currency needed for
lses OF the Government and of the people, that
{ IL n a matter OF fact wise and eXpedient to
resort to this means, isa political question 20
De determined by Congress, when the qu@-
ion of exigcncy shall arise. and not a judi
nal question, TO be afterward passed upon by
ne courts. Ii follows that the act of May 81.
Sc. 10 constitutional and valid. and that the
1frcuit Court rightly held that the teader in
Treasury notes reissued and kept in eircula,
ion under that act. was u tender of lawfuks
In Tayment of defendants deb: TO tho
The Judgment of the Circuit Court
Affirmed. Opinion by Justice Gray, Justice
'ield dissenting.
The Supreme Court has refused a writ OF
corpus in what are known as the
xuklux cases of Northern Georgia. The
,aftieS to the cases were tried and convict
last fall of illuminating voters just prior
o the election of q member of COngreseM
Justice Miller. speaking for the court, holds
hat the o1eHses are provided for
d the revised statutes. The Government
must have the power to protect the cleo
ions, IN which its existence depends, from
'iOlence and corruption 1t can not be-
doubted that Congress has the power to pro-
'ide avs for the proper conduct of the
lectiOns of representatives. and because it
las for years refrained from exerciSiDgJ
hese powers they are now doubted, but
hey are nevertheless vested in Congress by
be Constitution.