New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-03-04
SUPREME COURT DECISIONS.
THE LEGAL TENDER ACT CONSTITUTIONAL.

VI
WASHINGTON, March 3.-A decision was rem
,a nv the Supreme Court OF United states to-day
On the long peuding legal tender OF Augustus d. JUL
,,a,a AGAINST Thomas s. Greenman brought here by
~ error 10 the Circuit Court OF the United states TOT
ths Southern District of New-York The question pre-
,.nted by this case. as 1t is stated oy Inc
80 =, whether notes Of the United states
l., TINA Of war under acts
:, Coss declaring them TO be legal tender IN pay
ent Of prtvae debts and afterward IN time OF peace
5eemed and paid in gold coin at the Treasury and then
rcssued under the Of 1873 can, under the Constu
zion OF the United states be legal tender IN payment OF
such debts"
The Court IS unanimously Of opinion that the present
cannot be distinguished In principle from the cases
heretofore decided and reported under the
names illegal tender cases" Q2 Wall, 450' " Doc
lev against Smith" Q3 Wall. 6O4l, Railroad
Company act. Johnson" l5 Wall 1881, and Maryland
set Railroad Company" % Wall 105), and all the JUS
tee except Mr. Justice Field who adhereo to the views
expressed his dissenting opinions in those cases. are OF
opinion that they were rightly decided The Court ho0
therefore that Congress has the power TO issue the obi
cations % the United States in such FORM and TO impress
uuon them Qualities currency for the purchase
OF merchandise and the payment o. debts accord Win
the usage OF sovereign Governments The power as III
cdent 10 the power OF borrowing money and ISSUING os
and notes o. the Government for money borrowed Of
Undressing upon those bills the quality OF being
LEGAL tender for the payment Ot private debts, was o
power universally understood 10 OeiplE 10 'oFt4t-' Al
Europe and America az the time OF the framing ana ao
ton OF the Constitution OF the United States
This power OF making the notes of the United states
LEGAL tender in payment Of private debts, being included
n the power borrow money and to provide National
currency defeated restricted by the fact that us
exercise may affect the value of private contracts H.
upo lust and fair Interpretation of the whole Consutu
ton particular power authority appears 10 be vested
IN Congress- it is no constitutional objection 70 It's exist
euc Or exercise, that the property or the contracts
q. individuals may be incidentally affected
Il follows the Court say that the act Of May 81, 1873
constitutional and valid and that the Circuit Court
nightly held that the tender in Treasury notes ress'ieu
and kcr- I'm circulation under that ac was tender OF
lawful money in payment for tine defendants de't 10 the
plantia The Judgment of the Circuit Court Is aifHe''
Opinion by Justice Gray.
Justice Field Gsscnts from The Judgment % the Court
sud from an The arguments advanced 10 It's support
there De anything" be says. IN the history OF the
r.tit,-ioo which can bee established with moral GER
family il is shat the iracrs OF that instrument intended
10 prohibit OF legatender notes boh by the
Government and by the States. Form arly three Ir-
tcrS ~ century after the adoption OF the ConsNutoh
and until the legislation during the recent civil war no
hurst and no statesman Of any position In the country
pretended that any power add the quality Of e
ga tender notes It's Treasury notes vested IN The
General Government. All conceded axiom Of CON
sututioual law that such power did not exist.
When the idea Of adding the legal tender quality
und.r the Gr,t act OF l-C2 first
preached the advocates of the measure rested ,er sup
port Of il on tie ground that 20 measure, 20
which the country compelled 10 resort Dy the cNccn-
ccs of IFS condition. Now the IS no longer advo
Gated OF necessity lint es one 90 Pee adopted at any
time. What was in 1862 the medicine of the Consum-
ton has its daily bread SO il always happens
that when wrong principle OF conduct, political per-
sOnal, " adopted as matter of necessity, n
VIII be aferward followed matter Of
convenience The advocates OF the measure have not
heretofore been consistent in tie grounds upon which
they have have placed its validity.
In the present it placed 1y The Court upon The
power money. and 10 IS assumed thatthis power
20 borrow money is something different when exer
csed by the Government from what II IS when
exercised by corporations or individuals.
Where would ask, does the Court find any authority
for giving these plain terms to borrow money
different meaning iD the Constitution from what they
eeve when used other instruments in the charters
Of municipal bodies. in the contracts Of individuals
II the Court change that meaning so they may me
meaning Ot other clauses OF OF all, and tie powers which
the Government may exercise VIII hpt ne lold leclSl
by plain words the organic law. but h words 10 which
new meaning may be- given resting 10 the minds OF the
The argument presented by Court and by the advo
Gates Of legal tender amounts to this The object Of Dor
rowing 10 raise funds the annexn- ~ the quality OF
legal tender TO the notes Of Che Government viii induce
parties 10 take them. and funds viii thereby be
readily loaned. But the same thing may be said OF
the anne xaton OF any other provision which
~ g. ,-,,i-i,,, ~
notes of the Government should serve as free ticket ON
the public cOuyeyances OF the country. give free in
ress into places OF amusement or entitle him 10 per
centagc from the OF private corporations. The
same consequence ready acceptance Of the notes
would follow and vet would pretend that the
nexauon OF provisions o THIS kind With respect TO the
property OF others which The borrower has
trO would he in any appropriate measure 20 the
execution OF the poTe TO borrow: mere no INVASION
by the Government OF the rights Of third parties which
may be thus sanctine under Tie pTceuce that its
tI4c vance VIII lead 10 The rraoy acceptance
OF the Governments notes and produce The
evil likely To follow. Congress he's the power 20 make
tho notes of the United states legal tender and 10 uake
there TO invest by the Constitution witt the power 70
borrow money! If item make money, why ooIIow il
money. Whv should CanSrcss not al once tsaIe
sufficient amount 30 pay All the bonds o. t1c United
States Why pay interest on thousand million Of dol
lars Of bonds when made tie money o.
pay them II would Dot, indeed ,grI II there
call from many quarters uFou the Government 70 issue
doctrine declared by the Court is soundl Aud Why
SHOULD there be any restraint upon Che unlimited liIrJ-
prslous OF the Government tor Imaginary schemes D.
public Improvement a. The printing press furnish al
the money that needed ior tueu'
A decision Wa, also rendered hV The Court TO-DAY
what are known as the ku-klux cases. which staud
tle oinSi docae ruoeT ne te k 'rLe ID t1- matter
Wr- of haDeas corpus % release uuber " pcr-ons
Circuit Court for the Northern District Georgia rem
dercd alter tr1a ana conviction OF the prisoners i0r the
dating coiored voters at an election IN Georgia
Tor member OF Congress. The principal
question presented by the rcl4es 20 the coA5-u
uoualy OF the law under which the prisoners arc he'd
Justice Miller speaking the Court after deciding mat
tue offence set forth 10 the indictment Is u covered by
seciou 5.5Os and $500 Of the Revised statutes, says
That whose essential character rcluu-
lcsu, whose executive head and legislative body are
both elective whose most numerous ana powerful branch
OF the Legislature ia elected by the people Ctcy has
power by appropriate laws tds election from
the influence OF violence, Of corruption, and ot fraud
II proposition startling TO arrest
attention, and demand the grdyest consideration.
IL THIS Government anything more than aRTe
gaon OF Delegated agents OF other states and Govern
meh!s ech Oh winch is superior 70 the general Govern
ment u must have the power protect elections
when Us existence depends IRON violence and cOrrup-
ton II mas not THIS rover 10 i. c helpless before the
two great natural ard historical enemies OF AL reprbcs
open violence and iusidiOus corruption
Addressing himself the argument made IN This cso
that because there cypress power delegated 10 con
Grss 10 provide Of preventing violence exercised on the