The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1891-05-29

tice in regard to offenders against the
bank, by requiring an immediate trial,
within three days after complaint was
entered, without jury and before a
court OF which three judges should con-
stitute quorum, whose decision should
be final, and whose judgment should be
instantly complied with on penalty of
Imprisonment. The fine for the first
oftense was fixed at from six to thirty
pounds, and for the second at from ten
to fifty pounds. ''This monstrous act of
injustice" says S. G. Arnold in his
History of the State of Rhode Island, -
twas carried through the legislature by
a large majority, and the solemn pro-
test against it as aviolation of every
principle of moral and civil right, of the
charter, of the articles of confederation,
OF treaty obligations, and of fevery idea
OF honor or honesty entertained among
men," which minority of the members
presented was not allowed to appear on
the record.
This second forcing act brought mat
ters to a crisis. A butcher in Newport
was brought into the Superior Court on
charge of refusing to receive paper
money at par in payment for meat. A
great concourse of spectators attended
the trial, which was before full bench
of five judges. Leading lawyers ap-
peared for both sides, and their argu-
ments occupied an entire day. Two of
the judges spoke against the forcing
acts, and the other three were of the
same mind. On the following morning
the final decision of the court was an
nounced, declaring the acts unconstitu-
tional and void, and disnissing the com
plant. The wrath of the General AS
sembly at this decision was great. A
special session was at once convened,
and the judges were summoned, in Ian
guage of incredible arrogance, to ap-
pear before the Assembly to assign the
s'reason and grounds" for their decision.
Three of the judges obeyed the sum-
mons, but as the other two were detain-
ed by sickness the hearing was post
poned until the next session. At the
next session four of the offending judges
were removed. Before adjourning the
General Assembly prepared new act
to stimulate and give efficacy to the
paper bills" This was called the Test
Act, and it contained one of the most
remarkable oaths ever prescribed to
free people. Every one taking the oath
bound himself in the most solemn man
ner to do his utmost to support the pa
per bank and to take its money at par.
All persons refusing to take the oath
were disfranchised. Ship-captains were
forbidden to enter or to go out of ports
of the state, lawyers were not allowed
to practise, men were not to be allowed
to vote, politicians were not to be allow
ed to run for Office, and members of the
legislature we're not to be allowed to
take their seats until the oath had been
taken. This was so stringent a measure
that the General Assembly was afraid
to take the responsibility of enacting it.
and, after considering it, referred it to
the people of the towns for approval.
Only three town in the state voted in
it's favor, all the others rejecting it.
}. This ended all efforts to force the
people to take the money at par in or
binary business transactions. The
General Assembly, in January, 1857,
formerly repealed the forcing acts, and
then took the first steps toward the re-
pudiation of the state debt by ordering
the treasurer to pay off one-fourth of it
!, in the bills received for taxes, that is in
; the deprecated paper money, which, at
, that time was circulating on the basis
: of six to one. By successive steps of this
ana similar kinds the entire state debt
: was extinguished, public creditors being
: forced to take it on terms prescribed by
the state, or to forfeit their clans. The
} astinstallment of the debt was gotr rid OF
| in 1889, in forced settlement, when the
= paper money which the helpless credi.
/ tors received was worth only one
p twelfth as much as coin. "Had a gen
| eral act of insolvency." says Arnold,
'srelieving all debtors from their liabil-
: tiles and the state from it's legal obliga-
: tions been passed in the first instance.
; the same end would have been more
: speedily accomplished and the means
: would not have differed very widely
: from those that were actually employed
f 1t fell but little short of repud
: iation.
o During 1887, when the value of the
e paper money ranged from one-sixth tc
b one-tenth that of coin, bills in equity
e for the redemption of mortgaged estates
r were filed in large numbers in the
courts. The superior court of Newport
q declined to try any case in which 6