Year: 1871

>,


lowing severe criticism on the late decision OF
the. Supreme Court OH the Ltgal-tender act:
The news transmitted to us by our Pladel


phia correspondent that the new members add
ed to the Supreme Court have forced the court
to reverse its own decision on the lcgal-tender
act, announces one of the most deplorable events
! that have occurred for many years in American


history. The court no londer defends the prin-
! ciples of the Constitution against the violence
+ Of party and the injustice of power. Men were
much shocked, and not without excuse, when
the Supreme Court under the Presidency of
Chief Justice Tancy denied to Drcd Scott the
status of freedom but the decision in that case.
though questionable. was not without some
show of reason in it's favor, and it was unclcnia-
blyIpronounced according to due course of law


The decision of the present court is violent as
we'll unjust. 1t has been pronounced by a
court packed for the purpose. 1t r."crscd I,
by the same court before new members were
added for the purpose of swamping it's decision.
We must add as heihg able to survey the ques-
tion from a position of impartialty, that it is
directly in conflict both with the principles and
prrccdents of American law.


The lagality of the lesal-tender act did not
come before the Supreme Court until the sum


ner of 1869, and it was then argued at such
length, and with such patient examination of
every plea bearing upon it. that Judgment was
nnt pronounced before the spring Of last year
tWhtn it was given. it was found that the SUI
prclne Court decided, by four to three. that the
act of Congress was invalid. 80 far RS it pre-.
SUNK Il to make the notes its authorized legal
tender for the satisfaction of debts existing be-
fore the act was passed. 1t condemned the act
to t his extent both as ex post facto and "a abro
eating tht obligations of contracts, and ordered
debtors who had incurred debts before the act
to satisfy their creditors in the same medium in
which their debts were incurred-that is to say.
in gold and silver The decision was given by a
bare majority, but it was hailed noble in
stance OF the triumph Of law and justice that
- T,,a+
Chase, Who had been Secretary of the Treasury
wl,lI the act was passed hut who had been
con ycrtcd by sheer force ut reason to disalow
the Validity Ola law passed under auspices. All
our con. .rat ula;iOns were huwever premature.


The decision of the Supreme Court thus
corttl is All immense misfortune to the Ameri-
an Union. When the legaltcnder act was
passed, i'll the heat of the war, immediate adj
vantage was taken of its provisions by all the
States except Massachusetts and Rhode Island.
The Legislature of New York FASTENED to pay
off in paper the creditors of the State. although
many wealthy merchants of the city offered t"
lend the State, without interest, the balance be-
tween paper and gold. in order that faith might
be kept with the public creditor. When, how
ever. the Supreme Court last year declared the
act unconstitutional in its rctro>p'c bear
ing. the Legislature of New York adopted
resolution affirming that the State debt principal
thorizng the purchase of gold for the purpose.
The Legislature of Maine adopted similar
resolution. and the judgment of the court
thus seen to elevate the morality of the nation.
AlE this must now be reversed, and the latter
end will probably be worse than the first. Ma
tional honor and Justice have received terrible
blow The course of law has been perverted.
The guarantees of individual right are set aside.
Much has been said of the patriotic anguish" of
French Statesmen who saw Prussia made strong
by the victory of SadOwa: but the phrase thus
misapplied to describe miserable jealousy at
the development of a neighbor, may be rightly
employed to represent the shame and sorrow
that must fill the minds of patriotic Americana
when they see their highest tribunal-the court
which had won the admiration of the world
brought down so low as to pervert Judgment
and throw gloss of legality over private and
public dishonesty.