Monopolies -- United States; Railroads and state -- United States
A majority of the court, five to four, in the opinion which has just
been read, reverses the judgment rendered by the former majority of five
to three, in pursuance of an opinion formed after repeated arguments, at
successive terms, and careful consideration; and declares the legal
tender clause to be constitutional; that is to say, that an act of
congress making promises to pay dollars legal tender as coined dollars
in payment of pre-existing debts is a means appropriate and plainly
adapted to the exercise of powers expressly granted by the constitution,
and not prohibited itself by the constitution but consistent with its
letter and spirit. And this reversal, unprecedented in the history of
the court, has been produced by no change in the opinions of those who
concurred in the former judgment. One closed an honorable judicial
career by resignation after the case had been decided, after the opinion
had been read and agreed to in conference, and after the day when it
would have been delivered in court, had not the delivery been postponed
for a week to give time for the preparation of the dissenting opinion.
The court was then full, but the vacancy caused by the resignation of
Mr. Justice Grier having been subsequently filled and an additional
justice having been appointed under the act increasing the number of
judges to nine, which took effect on the first Monday of December, 1869,
the then majority find themselves in a minority of the court, as now
constituted, upon the question.
Their convictions, however, remain unchanged. We adhere to the opinion
pronounced in _Hepburn_ v. _Griswold_. Reflection has only wrought a
firmer belief in the soundness of the constitutional doctrines
maintained, and in the importance of them to the country.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account