The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1884-03-07
IMPORTANT DECISIONS.

The q. s. Supreme Court Declares Con-
stitutional the Reissue of LegaI-Tender
Notes of IS7S-Kuklux Cases Disposed
of.
WASHINGTON, March A decision was
rendered by the Supreme Court of the
United States yesterday in the long pending
legal-tender case of Augustus D. JuiIlard VS..
Thomas S. Greenman, brought here by a
writ Of error in the Circuit Court of the
United States for the Southern District of
New York The question presented by the
case, as stated by the court is:
Whether the notes of the United States,
issued in 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, and then reissued under the act
OF 1875, can, under the Constitution of the
United States, be legaltender in payment of
such debts"
that the present case can not be distinguished
IN principle from the cases heretofore decided
and reported under the names of Legal
tender Cases tl2 Wall, 457); "Dooly VS..
Smith" Q3 Wall, 6O4); Railroad Com
pany vs. Johnson Q5 Wall, 1861:
and Maryland VS.. Railroad Company az
Wan, 1865 and all the justices except Justice
Field, who adhares to the views expressed in
the dissenting opinions in those cases. are of
the opinion that they were rightly decided.
The court holds, therefore, that Congress had
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 payment of debts in ao-
cord with the usageS of sovereign Govern
ment The power tas incident to the power of
borrowing money and issuing bills and notes
OF the Government for money borrowed of
lmpresSing upon those bills or notes the
quality of being legal tender for the payment
64nTG. a TniUaIS9llV
understood 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 the United States legal-tender in payment
of private debts, being included in the power
to borrow money and to provide National cur
rency, is not defeated or Unrestricted by the fact
that its exercise may affect the value of pri-
vate contracts. Ii, upon just and fair inter-
probation of the whole Constitution, q par
tlcular power or authority appears to be
vested In Congress, it is no constitutional OBJ
lection to the existence or 10 its exercise that
the property or contracts of individuals may
be incidentally affected.
Congress" the court says, In conclusion,
" 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,
and of foreign coin, and being clearly author
lA6Og us lHClQeHtdl TO GD6 exercise OF THESE great
powers to issue bills of credit to charter
National banks, and TO provide Ma
honal currency for the whole peo-
pie IN the form of CONT reasury notes
and NationaEbank bills, and the power to
make the notes of the Government legal
tender in payment Of private debts being one
OF the powers belonging to the SOvereigns in
other civilized Nations, and not expressly
withheld from Congress by the Constitution,
we are irresistibly impeled to the conclusion
that the lmpress1ng upon the Treasury notes
of the United States the quality of being
legal tender in payment OF private debts is
an appropriate means, conducive and
plainly adapted to the execution of undoubt-
ed powers of Congress, and consistent with
the letter and spirit of the Constitution,
and, therefore, within the meaning of that in
strument, necessary and proper for the carry
ing into execution of the powers vested by
the Constitution 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 peace the eXigency
is such by reason of unusual and pressing de-
mands on the resources of the Government,
or OF the 1nadequacy of the supply of gold and
silver coin to furnish the currency needed for
uses OF the Government and of the people, that
it is as matter of fact wise and expedient to
resort to this means, is a political question to
be determined by Congress, when the ques-
ton OF eXlgency shall arise, and not judi
cial question, to be afterward passed upon by
the courts. 1t Follows that the act of May 81.
1878, is constitutional and valid, and that the
Circuit Court rightly held that the tender in
Treasury notes reissued and kept in circula-
ton under that act was tender of lawful
money, i'll payment of defendants debt to the
plaintiff" The judgment of the Circuit Court
is affirmed. Opinion by Justice Gray, Justice
Field dissenting
The Supreme Court has refused writ of
habeas corpus in what are known as the
Kuklux cases of Northern Georgia. The
parties to the cases were tried and convict
cd last fall of intimidating voters just prior
to the election of a member of Congress.
Justice Miller, speaking for the court, holds
that the offenses are provided for
in the revised statutes. The Government
must have the power to protect the cleo
tions, on which its existence depends, from
violence and corruption. 1t can not be
doubted that Congress has the power to pro-
vide laws for the proper conduct of the
elections of representatives, and because it
has for years refrained from exercising
these powers they are now doubted, but
they are nevertheless vested in Congress by
the Constitution.