The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1884-03-13
LEGAL.
important Decisions by the SUI
Supreme Court OF the
United States.
The Issue Of Legal Tender Notes Again
Declared Constitutional by That
Tribunal.
A Habeas Corpus Denied In the Gel
ebrated Georgia Ku-Klux
Gases.

"A
preme Court OF the United States In the long
pending legal tender case of Augustus d. Juillard
va. Thomas s. Greenman, brought before IL by
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 ssat ts
United st ties. issued In time OF war under an
act of Congress declaring them to be legal ten.
der in payment Of private debts, and atterward
in peace redeemed and paid for In gold coin at the
| Treasury, and then reissued under the act OF
| 1873, can, under the Constitution OF the United
States, be legal tender In payment or sucn
debts" The court is unanimously OF the opin-
ion that the present case cannot be distinguished
| in principle from the cases heretofore deciueo
! and reported under the names OF iegal-tender
cases" and all the Justices except Justice Field,
who adheres TO the views expressed In the uis-
senting opinions in those cases, are OF ,r Inc
opinion that they were rightly decided Inc
! 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 or mer-
chandise and the payment OF debts In accord
! with the usages of sovereign govsrnment
| The power las incident TO the power OF Dor
rowing money and issuing bills and notes
| of the Government for money borroweO
OF impressing upon those bills or notes the
quail OF being legal tender for the payments
OF private debts was power universally under
stood to belong TO sovereignty in Europe ana
America at the time OF the framing ana 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 currency, s
not defeated or restricted by the fact that It's
exercise may affect the value or private con-
tracts. II, upon just and fair Interpretation
! OF the whole Constitution, particular power or
authority appears TO be vested In Congress, II is
no constitutional objection to the existence or
TO 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, being ex-
pressly empowered by the Constitution to lay
| and collect taxes, TO pay debts, and to provide
Tor the common defense and general welfare or
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
10 the exercise of these great powers 10 issue pls
of credit, to charter national banks and to pro-
vide a national currency for the whole people IN
| the form Of coin, Treasury notes, and national
bank bills and the power TO make the notes OF
! the Government a 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 theCon-
stitution, we are irresistibly impeled to the
| conclusion that the impressing upon the Treas
ury notes of the United States the quality OF
being legal tender in payment or private
debts Is an appropriate means, conducive and
plainly adapted TO the execution OF undoubted
powers of Congress, and consistent with the
| letter and spirit OF the Constitution and there
fore, within the meaning OF that instrument,
necessary and proper TOR the carrying into exc
Cution Of the powers vested by this COnstitu-
ton in the Government OF the United states.
Such being our conclusion in the matter or the
law question, whether at any particular time in
war or peace the exigency IL such, by reason
of unusual and pressing demands on the re-
sources OF the Government, of the made
quacy OF the supply OF gold and silver coin 10
furnish the currency needed for uses OF the
Government and of the people, that 1t II, as
matter Of fact, wise and expedient to resort to
this means, is political question to be deter
mined by Congress when the question or ex-
igency shall arise, and not a judicial question 70
be afterward passed upon by the courts. IL
follows that the act OF May 81, 1873, is constitu-
al Ia
rightly held that the tender in Treasury notes
reissued and kept in circulation under that act
was tender of lawful money In payment OF
defendants debt to the plaintiff The Judg-
ment Of the Circuit Court is affirmed.
THE FIvE-PFR-cE LAND CASES.
A decision also rendered by the court
| land cases-viz. The State of Iowa and state OF
Illinois against Noah &. Mcfarland, Commits
sioner of the General Land Office. These were
! petitions for writs of mandamus TO compel the
Commissioner of the General Land once 10
make a statement OF the account between the
United States and States of Iowa and Illinois for
| the purpose of obtaining what sums are due said
States under the acts providing for their admis-
sion TO the Union, which authorized the
net proceeds of the public lands lying
within their limits which should be
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 Is, whether such lands are lands sold by
act Of March 3, l645, relating to the admission
/ OF the State OF Iowa into the Union, or the act
Of April Is, 1913, for the admission OF the State
OF Illinois into tie Union, by which per cent.
of the net proceeds of lands lying within the
State" and afterward sold by Congress-, IL
reserved and appropriated for the benett or
the State, the State is not entitled to a per-
centage on the value of lands disposed OF by
Congress in satisfaction Of military land war
rants
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 as the ku- kux cases, which stand on the
original docket under the title, Eek parte, in the
matter OF Jasper Marlborough and Others" They
petitions writs OF habeas corpus to release
| anumber of persons now imprisoned under judg
ment OF 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 colored voters at an election In Geor-
gia for members OF Congress. The principal
question presented relates to the constitution
! atty Of the law under which the prisoners are
held. Justice Miller, speaking for the court.
! after deciding that the offense set forth In the
indictment il fully covered by Secs. 55OS and
$500, Revised Statutes, says:
That o government whose essential character
! IL republican, whose executive head and legis-
| lative body are both elective, whose most nu-
merous and powerful branch-the legislature
no power and no appropriate laws to
secure this election from the influence Of
violence, corruption, and fraud IL a PROF osition
30 startling as to arrest attention and de-
mBnd the graveet consideration. IL this Gov
eminent Is anything more than mere aggre-
CATION OF delegated agents of other States and
| Governments, each of which IL superior to the
General Government, IL must have power to
protect election, on which It's existence de-
pends from violence and corruption. Ii It has
not this power, IL Is left helpless before two
great natural and historical enemies Of all re-
publics-open violence and insioious 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-
gress, Are such powers annulled because an
election for State officers Is held at the same
time and placer and replies:
These questions answer themselves, and IL In
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,
reirained from the exercise Of these powers, that
they are now doubted"
The rule TO show cause I'm this case is dis-
charged and the habeas corpus denied