The Greenville enterprise. (Greenville, S.C.) 1870-1873, March 02, 1870, Image 1
mTTTT
I J| II
....... v " C * * -*" - KH ?
j
/'*?- fe* - ?' ? ?<*' ^'* '<4i
JOHN C & EDWARD Bi
bTwherleT
?KEE5WSLS.E, S. ?.
DEALER IN
GOLD AID SUM IATCIES.
CLOCKS. JRWKT.RT.
SPECTACLES,
18 & 82 Carat Solid Nuptial Rings,
SILVER & SILVER-rLATED
a- WORK of all diacriptione in hi*
line done promptly._??1 *
Oct 27 n iy
GREENVILLE
PAPER MILLS.
TIIE undersigned have tbie day
A formed n copartnership under
tho name of
JAMES BANNISTER A SON,
, ~ f r ;i . i
- t< t)r flin ntiriLAflrt of AOrrwinn* An *\%r%
? v ?"v jrvww v? V?I bilU
OF
P A P E3 R.
Jnmr? Bannister*
T. J. Bannister.
THE Mills arc now in excellent
order, and we aro prepared to
tnm out a
FIRST CLASS PAPER,
"NVhich wo will warrant to givo
satisfaction.
A FULL SUPPLY OF
PRINTING. COLORED,
URN & WHIPPING
Can be found at all titnes at our
Agents, Messrs. David & Stuadlky'b.
September 1, 1809. 10-tf
NEW MIMJNBRTT
MRS. L. T. JENNINGS,
respectfully informs
bcr friends and tbe
public generally, that she
uas lust received and
onencd a
BEAUTIFUL.
AND HANDSOME LOT OF FALL AND
WINTER
MILLINERY,
Which she offers at priors low anil reasonable.
Ladies before purchasing their
HATS, BONNETS, RIBBONS, &C.,
Would do wall to give her call, at her old
stand.
Oct IS I 31 6m
The State of South Carolina.
ORKENVILLK COUNTY.
In the Common Pleat?Equity Bide.
TllOMAB C. (iUWER, Administrator, rs. P.
F. SUDDUT1I, el at.?Bill for Salt o,
Krai Ettate, to I'ay Vebtt, d'e.
UNDER the Decretal Order made in the
above case, the Creditors of the Estate
oi Mrs. MARTIIA LOYELAND, are required
to establish the rank and amount of their
claims against said Estate, before the Clerk,
within mine montht from this date.
W. A. McDANIEL, C. C. P.
Clerk's Office, September 281k, 1800.
Sept 20 10 9m
TOWNES & EAST,
S*S
in
SOLICITORS IH EttTJTTY.
THK ITNPER8IORD HAVING FORMED
a ?op?rta*ri>jlp in the prnetiee of Law
in Greenville and the surrounding Counties
of Anderson, Oconee, Pickens, Hpartanburg and
Laurens, will (tiro prompt attention to all business
entrusted to them.
Office at Greenvilte.
c. r. Townns. olii i>. bast.
Nor 10 23 If
vr. K. kiii.tr. ?. o. wills
17.1ST W Mr WV TTfl
MMWAJJU A %* TV
Attorney! and Counsellors at Law
AND IN EQUITY,
URKBNVILLE, S. C.,
PR \OTIOB in tli* ConrU of the State and
of the United States, and give especial
attention to cases in Bankruptcy.
June 13 3 .
WATCHES, CfiOCKS,
Jewelry, Feriseopio 8peotacles,&c
WTTiL order an extra article
[uJjKALtor P***on. Special atten-lu
^Btlon will be gfvea to HKPAIR*
lie Watches of ever* .dos
eription. Best relhrenees given.
JAMTW ft. BLACK.
' June 80 6 tf
. V- ' '
COLUMBIA HOTEL, >
COLUMBIA, aOVTJl CAROLINA.
I
rpiIE Proprietor* take pleaanr* hi aaaounaX
inff ttik oicrantly-furaUbed EatabliabatM* '
now opaa for th* aneommodaitna of ga?U.
The table wiU alway* be auppliad with trtr;
rielifhey of tho *ea*on- both from lb* Maw
York and harleaton market*, and no effort*
will be *par*d to giro perfect aathfaction, in
crery roc poet, tooar patron*. YRKK LUNCH
in th* refectory er*ry dap from 11 nntU 11).
WM. GORMAN, \
II. II. BADXNUOP, j r?or*,?TOMSlept
29 W ' it I
WM. T. PRICE, 1
ATTORNEY AT LAW
OAHIONEGA, GA?
TITIIL praotic* in tho Conn lie* af Lamp
Tf i'n. Dawaon, Oilmer, Fannin, Union,
Town*. Whit* and Hall.
' f1 T)T
j .'j n 1
{Jtmitb to Ittm$,
ULEY, PRO'S8>
o. F. TOWNE8, EDITOR
J. C* BAILEY, ASSOCIATE
SoaacRtrriox Two Dollars per
Abtbbtis.embkts inserted at the rttN tl
one dollar par square of twelve Mlnien lines
(4Mb sised typo) or leas for the int tasertfon,
ftfty oonU each for the toooad and third Imktiona,
and twenty-Ave oonU for aheequeat
inaortiono. Yoarly contracts Will ha made.
A)) adrortisomonta bmI kara tha aataboi
of lueertlona marked on them, or thoy will bs
Inserted tin ordered oat, and charged for,
Vnleaa ordered otherwise. Ad veniremen U
will invariably be * displayed.** ?
Obltaary notices, and all matters iauring to
to the bobcat of any one, are' regarded m
Advertisers enta.
A Gem For Brety Month.
A Motto tor Evert Stohb.
bt bbs. julia b. badbbmab.
% JANUARY.
By ber who in this month Is born
No gom far# Qarneti should b? worn :
They will insure her constancy,
True friendship and fidelity.
FEBRUARY.
The February-born will find
Binoority and peaoe of mind.
Freedom Irons passion and from ears,
If they the Amethyst will wear.
MARCH.
? Who on this world of ours their eyes
In March first open, shall be wise,
In days of peril firm and brave,
And wear a Bloodstone to their gran.
APRIL.
Sho who from April dates her years
Diamonds should wear, lent bitter tears
For vain repentance flow ; this stone
Emblem of innocence is known.
MAY.
Who first beholds the light of day 2
In Spring's sweet flowery month of May.
And wears an Emerald all her life,
Shall be a loved and happy wife.
JUNE.
Who comes with Summer to thU earth,
And owm to Jane b?r day of birth,
With ring of Agate on ber band.
Can health, wealth, and long life commandJULY.
The glowing Ruby ihoaM adorn
Those who in warm July are born;
Then will tbey be exempt and free
From love'a doubts and anxiety.
AUGUST.
Wear a Sardonyx, or for thee
No conjugal felicity ;
The August-born without this atone,
'Tis said must lire unloved and lone.
SEPTEMBER.
A maiden born when Autumn leaves
Are rustling in September's breese,
A Sapphire on her brow should bind?
'Twill cure diseases of the mind.
OCTOBER.
October's child is born for woe,
And lile's vicissitudes must know ;
But lay an Opal on her breast,
And hope will lull those woes to rest.
NOVEMBER.
Who Arst comes to this world below
With drear November's fog and snow,
Should prise the Topax, amber hue?
Emblem of friends and lovers true. . DECEMBER.
If cold December gave you birth,
The month of snow and ice and mirth,
Place on your hand n Turquoise blue;
Rneeeu oil! kl.?. ?k???
. n... tuaw<vi J VU UV.
[ Dtntoretl't Mntlly.
(Original CommunirationH.
rOR Til aRBKRT LI. BKTRRPRIIR.
Oar True Agricultural Interest.
Mtfr*. Editor*?I* It oorn, or U UmUm I
Can we erer rise from o?r peoatrate eondl*
lion by railing ?otton ? Our County can't
depend io much on growing cotton M other
parts of the State; yet wa are itudanger
of becoming wedded to the cotton idea.?
It it generally believed, that eottoa is king.
This Is measurably true is the commercial
world, since it chiefly eootrola the prices at
all other commodities. Cotton ia alwnya
money at torn a price ; but ke money the
great aim of Ufa T King eot'oVa aeapter ia
too often felt in our eorn eribe and smoke
houaea for one nvn
of cotton, with empty crib# and meat
houMt. ia not a uft policy. UmmK deetroying,
eepeaially eo la thla latitude. And
?o long aa cotton mica la tba empire o'
Southern product a, ao long will want pinch
both man aad baaat On* af old aaid:
'My people doth not eontider." Thla people
were tmpoveriahed, having beea overran
by a foreign toe. Tuna are wo. Why not
bow eoaaider oar traa agrieultaral iataraat ?
Many aay: " I am la dab*. I moat ralaa
cut ton to make money." To each of tbeae,
my anewer ia : A man aaaat live before ha
ran aaafca money-. Life lint, money next.
And || a man oan ao work, aa to live comfortably,
and atlll realize aa moeh money
from iK. - ?* -* ?- -
?.... .h.u>iui ? iwor, wny aoi
do eoT The money gained, k Mi what a
maw MiaUwt- hot aa?r what ha raaHaaa
above expeaeee. If. by raiaiog ewe hag of
ooitoa a aian can raallaa aa amah away aa
would for two. uoder other alrtomaUneea,
ia it not far better to ralae bat oaa f Thia
ia what every farmer aaa da. Whieh la
bettar, la raiaa aotiaa at a b'gh priea, or
aheap prevleione, or to raise eotten at a low
prlea, or eoally meat and bread ? Should
oy.l ooa bag of ootlpa ba produaad during
the year 1870. to the whole extent of the
South/*ad ihowldevery far*era attention
ba ewblaedeety 41 roe tad to a proeklea atop,
wa would, aa dowbt, ba abftadred par aani
began afjT in tha> end. Qom/ibk yonr, k
likely to range from a dollar aod a half to
two dollara par boaheU?baeon Aram M (a
80 eeuU par pound. Should a provision
mn
'H* I'.' -* ' t* *P' * * ' ? J Of Politics,
3nielli&rtt
nr? nm
GREEI
- . .t?
" a *" -? j
, erop tloM U r*M, eorm would ?o?? 8e
I down to 60 or 75 e?U, mid tim to It or ?
If eonta, while cotton would go to CO oonta. fn
Then, by ndtlng only one and a balf, in- Rf]
| etaed of three to bar asllliooe of boko o *u
, year, oottoa would stand at 50. Tbo truth .
of this pr#liion wu shown la the lata war.
Our true agricultural interest, then, is not **
> a large oottoa, but Use prod nation of a .
1 largo provision crop. New Bngland wants
, more cotton dbd at lower prices, and those ^
la bar interest, may urge as to its produo- ~
tlon, but let ua remember, at the sons time, ***
that the South nooda nor* broad. Soil Tl
preservation la the drat law of Nature.? I'd
There aaa be no wrong, then, in adopting ri(
the potior that la ear* to preserve oeraaWee. tb
Provisions will do tbla The secret, selfish
thought, may be entertained by eome, that ed
If there should be a general effort to raloe co
provieioas, they would make their fortaae fr<
by raising a large eolten erop. And num. SJV
here, no doubt, would so net; for " the love t jj
of money is tbe root of all evil." Wo are
so impatient after money, that wa are not i?
.iii. ?n __J ??? -- *
WI.U mawi OKU run (UIUF, DDI. ire
??er killing tht goose for the golden egg.? ^
The weote of the individuals make the
wants of eoaatnunltlea. The man who top- .
plies the most of hie own wants, la atwaj a
the least dependent on ethers. So It is of 10
whole seetlona of country. To Illustrate:
Suppose that A raises eotlor, aad B oora,
which is the mere dependent f Which rnc ?n
of these een first foree the other to his ?F
terms of trade T Sioce A oan't live without
B's corn, be is, from necessity, forced to lo<
boy end sell ?a B's owe terras. B than th
becomes the master of the sttoation. Such P<
dependence is onrs, so long as we attempt no
to raise cotton end allow others to furnish w<
our bread. This should not be. If A had ra
produced hie own corn, aad s portion of J
his cotton beside, he could have mastered ro
tbe situation and thus compelled B to hie
terms; for. if B eon Id not raise cotton for
on
himself. ha would be obliged to giva A'a
price. Tliia ia the situation between New rjij
England and tba 8outh. They can't ralas ^
cotton. We can raise our own corn, and .
cotton too. Why not be wise and improve q,.
bar advantage? The Tankeca boast and
say, "You can't get bat one idea lo s ^
Southerner's mind?that is cotton." Why "
not? Haa not New England fattened long
enough by extracting her oil from Southern m|
cot too fields? Let us now, by a change of oli
policy, raise more meat' and bread, and in
thus show the boasting Yankee that cotton eti
is not our only idea. If every farm?r, flit
throughout the land, would resolve to raise lot
his own provisions at leant, and only a eur- go
plus in eotton, our country would eoan rise gQ
from dust and ashes to peace and plenty.? eg
It is now time for the great agricultural
power of thia land to out Its hands anon
. ? -r UI
the arteries which are recretly conveying
the life blood of our people ewey to fatten
New England, and atop it at heme. It is
said'"one man eannot control this tLlog." .
I know he can't, bat we all aan. "No 11
HMO livelh to him?elf."* He ean't, if he "M
woold. Let ne strive to work together, Tl
aad for each other, that the sun of protptr p|
ity may throw his healing beams-over our
homea, and peaee and contentment smile in
every countenance.
Most respectfally, f)f
A. C. STEPr. g*
FOR TI1R GREENVILLE ENTERPRISE. R8
? Te
Climate. ha
Saluda, Gbkenvillk County, S. C., wi
February 22d, 1870. mi
lion. Horace Capron, Commie- ^
toner, Department of Agricul w*
turc, Washington City, D. C. *
Sir?I have the honor to acknowledge
the receipt of yonr ?*
favor of the 8th inst., making " for I?1
oome exact information regarding **<
the climate of Greenville County, b?
especially in winter. * * * W
44 Thermometic record. # ? * be
44 Direction and prevalence of the tr<
winds, amount of ratu fall, and wc
the time of year when moat rain
F.lt M
iaiis."
I will make inquiry, and l)eg a
copy of any Meteorological journal 55
that may have been kept among
the inhabitants of this County, ana in
transmit the information I may
obtain for the use of the Department
of Agriculture. (M
During the years 1864,-5,-6, I mt
jotted down on the margin ot the al- " 1
nuanac, the clear, cloudy and rainy an
days, so as to enable me to jndge fro
the comparative amount of evapo- up
ration and precipitation. I found tio
that, In nearly every month, the
number of days clear, was fifteen.
That cloudy and rainy days came pi<
in spells of three days at a timo, 14
and about half the timo was in pa
clouds and rain. In other words, mj
that the climate mav he nniuiiiflr. Il?
ed 'well equipoised. The fluctua- pe
tions to be found in rain fall, is in en
July and December, when gene- six
rally tbere it more rain than in fee
any other month*. Dry winde inf
are from the west in March and
September. In summer, winds ,
which bring heavy rains, are from a,
the south-west. In winter, winds it
which bring rain and snow, are from ex
the north, north-east. In May and
Jane, bail storms may visit here cc:
from the north-eest and north-west.
The winds of violence are variably ^
uprooting trees in overy direction, ?r
but most frequently breaking off or
branehee or breakiog off the trnnk. a ]
I have not seen a belt of trees up- ha
rooted entirely, nor do I believe
there is any partiealar time at <*>'
' which violent winds are periodical- ,>u
1 ly expected. Snow fails two or he
three times, and from two to three jn
i inches deep. It lays on the ground #CJ
T T V
ce, arte il)t 3nvp*
1YILLE, SOUTH CAROLINj
ldom morp than three days, and
nerally lew than two. Ioe forms
tuba in one night ftrar inches, i
id reaches a thickness of over six 1
bes. On pools of water two in- <
es?thicker when the cold weath- 1
continues more than two days. \
Jibe thermometer daring the
ated term in August reaches
00 in the shade, oat throagh
a warm weather in rammer it
Idom ranges higher than 84?.?
le winters are generally modete.
Yesterday morning, at sunte,
the temperature was 19?
ore zero.
1 inquired of Nancy, the colorservant,
if she ever knew it
Id enough in this climate to
jeze a chicken to death f She
ys Uncle Adam said, that a long
ne ago, the chickens fell off t. e
2cs in the night, but he assured
r that it was before freedom.
With regard to a certain climate
>ing suitable for a plant found
digenous in a distant land, 1 leg
e Department will permit me to
mark, that while there are cerin
degrees of temperature,
aount of rain fall and sunlight
id beat required tor a fall develiment,
there may be found in
titude a suitable and a better
nation than is in elevation above
e sea level. For instanoe, tbe
srnvian potatoe is found indige'us
to the soil of Peru on Uie
jstern side of the Cordillera
nge ofjnonntains. When a hoy,
was told the Indians lived on
ots, bnt found, on visiting those
ountains, that'they really dug
it of the ground what I had
en taught to call?Irish potatoes. i
ley are found where the grouhd f
made moist by the drip from the i
wer edge-of perpetual enow.? <
ie fall size there, is abont the \
erago of the English walnut? <
e have for dinner today Irish (
tatoea produced among these [
ountaius of Western South Car- t
ina, measuring each six inches
length and two iuches in diain <
er, and they are ol much letter <
kvor than their ancestors. The <
nation in Peru is in latitude 12<>
uth, and an elevation above the <
a of about 14,000 feet. The lo- l
tiou in South Carolina is iu lati- <
de 35<> north, with an elevation <
less than 1,000 feet. <
Men and women work in the i
Ids and garden here withont t
indftnllA C jiti#nmn?inn In '
??> vvmwumi^/?IVU lO II V V
lown. Smistroko none. Among i
mperate people there is no fever,
le water is pore?properly ap- <
ied, the skin and eye become ?
jar, and coinj Icxion beautiful. *
With deferenco for the opinion t
others, I believe this climate <
perior for transplanting the <
linchona tree. It is not so dry 5
that of California, Arizona or i
xaa. The only objection which e
d presented itselt to my mind <
is, that possibly this climate 1
igbt be too cold in winter. But <
ere are ever green trees here
lich stand the winter. There is ?
tree here which is called the a
ountain Magriolia, a species of i
k. Had 1 seen its bright, green <
ives in the Chinchona forest, I t
onld have pronounced them as t
longing to the same family.? j
hat a rich family it is. It has
en reported that one Chinchona (
m on the Andes, "gave $3,600 1
rriu qi qnimno.'" |
Very respectfully, your obedient
servant. \
LARDKER GIBBON.
A religious revival it reported 1
Erie connty, Pennsylvania.
The local editor of a Coin in bus {
[isa.) paper, baring recently got <
irrica, a contemporary says:
Hay bis fatber-in-iaw die rich, t
d enable poor Steven to retire ,
>tn the printing business and set 1
i a cake shop at a railroad**!*- 1
n." <
Noi.tu Carolina has the cbam?n
old man. He has reached ?
8 years by dint of living on a j
rely vegetable diet and drink- i
r spring water, and is likely to <
o as mncb longer, from all ap- 1
a ranees. He has survived sot- j
wires, and as the last one died ,
ty rears ago, bo is beginning to ?
il lonesome, and talks about go- ,
5 courting again. I
*7**' i
Cookiko Food for Stock.?The
merican Stock Jonrnal says- I
has been settled by numberless i
per im en It thai cooking food for I
ttle or hogs adds about fifty per 1
nt. to ita value. If a man has I
t a few animals to feed it will j
it bira* but little to get bis oorn <
onnd, and then thoroughly oook i
steam, before feeding. II he is 1
args stock feeder, then bo sbonld i
>ra hit own machinery for grind?
com and cooking it on a scale i
mroensnrate with bis wants. No t
itlay on a stock farm will pay ,
tter than s grinding and cook- !
g apparatus. Try it on a small t
ale and be oonrineed.
I a?a?
rt - j*'
ovtttutti of % St
\, MARCH 2, 1870.
The Legal Tender Act <
Tlie long expected decision ur 1
made. The Chief Justice delivers
.he opinion of the Court, sub tain- <
id bj three others. Justice Mi)- 1
er delivers tho dissenting opinion, (
vhich it concurred in by Jus- 1
ice Swayne and Davis. As a <
ull court consists of nine judges, 1
ind as but four sanction tbe decis- 1
on of the court, it ia entirely pos- <
tible that when tbe two vacant <
daces on the bench are filled the
lecision of tlie court may^ be re-11
rersed. But for some time, of | <
tours a, it will stand.
The Chiet-Juatice bases his argn- i
nent on the principle that any ;
aw which impairs the obligation
>f contracts is unjust, inequitable
ind TinconBtitutioual. This law i
nakee a promiso to pay a dollar 1
eceivable for the actual dollar '
itipulated in the coutract?which l
certainly impairs the value cf the <
consideration. - <
He then declares that the only
nstification is tue 44 argument that
be power to make United Btates
totes a legal tender In payment ot
ill debts, is a means appropriate
ind plainly adapted to the execnion
of the power to carry on war,
>f the power to reg ulate commerce,
ind of the power to borrow mon <
sy." This argument, he says, ia i
msonnd, because the value of the <
i at ion al notes depended on the 1
'act that they were receivable for <
lues to the Government, and the
tonfidence of the people that they ]
rouId be redeemed. His making <
>f them legal tender in no way en- <
mnced tlielr value, for those which i
verc not so declared 44 circulated
reely and without discount." lie
urther argues that the power (o
leclare anything but gola and ailrer
coin a legal tender is nowhere
contained in the press grants of the
Uonstitution, ana cannot, with pro- j
>riety or safety, be reckoned
imong the implied powers.
The Chief Justice is particularly
careful to restrict the application
>f his opinion to the legal tender
clause of the act, and says:
41 No one questions the general
constitution afity, and < not very
natiy, perhaps, the general expoliency,
of the legislation by which
I nAto nnrennnw has Uaah a
w >*v?v vui i vuvj uno uwii nuvnui 1&*
jd in recent years. The doubt is
is to the power to declare a paricular
class of these notes to be a
egal tender in payment of pre-existing
debts."
" To ns, the dissenting opinion
)t Justice Miller seems mnch
itronger than that of tbe Chief
fustice. It is olea>% solid, terse
md vigorous. It affirms the full
?natitutionality of the legal tenler
clause of the act of lebruary
25, 1862, on the broad ground that
t was absolutely necessary to the
luccessful exercise, during the war,
>f the powers distinctly and direct
v granted to Congress alone, un
for the Constitution, namely:
M The power to declare war, to
tuppross insurrection, to raise and
mpport armies, to provide and
iiuininiu ? imvj', 10 oorrow money
>n the credit of the United States,
o pay the debts of the Union, and
o provide for the common defence
uid general welfare."
lie not only contends for the
constitutionality of the law itaelf,
i>ut boldly commends its wisdom
thus:
"The history of that gloomy
:ime, noi to be readily forgotten
!>y the lover oi Ids dountryK will
forever remain the full, cleary and
unplo vindication of the exercise
>f this power by Congroae, as Its
-csnlts have demonstrated the sagacity
of thoee who originated and
carried through this measure."
He quotes with convincing force
he words of the venerable Chjeffust
ice Marshall in the case of the
[Jn ted States Bank, truly citing
.hem as almost prophetic in application
to this case, and furtuer
lays;
"The creation of the United
States Bank, and especially the
power granted to it to issue notes for
circulation as money, was strenu
cosly re-isted as without constitutional
authority ; but this court 1
lield that a bank of issue was neo 1
tftary. in the sense of that word
u used in tlio Constitution, to en i
iblo the Government to oollect, to '
transfer, and to pay out its revenues.
" It was never claimed that the
Glovernment could find no other
means to do this. It could not,
then, be denied, nor has it ever
krvAM a La t /JKaM aew? m mm m el id
y within iho competency of Con
press, existed ; nor thai a book of
deposit might possibly have aniwered
without a circulation. But
because that waa the moat fitting,
useful, and efficient mode of doing
what Congress was authorized to
do, it was neld to be necessary by
this court. The necessity in that
case is mnch less apparent to me
than in the adoption of the legal
tender clause."
On the question of " impairing
mSSSBBmBSBSSBSS^SSSSS?B
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son tracts n he completely over mas i
krs the Chief-Justice. He ufti a
u But it is osid that the law is in I
conflict with the spirit, if not the v
letter, oi several provisions of the f
Uonetitution. Undoubtedly it is a ?
taw impairing tbe obligation of r
son tracts made before its passage; j
bat while tbe Constitution forbids e
the States to pass sucb laws, it q
does not forbid Congress ; on the t
contrary, Congress is especially c
authorized to establish a uniform E
system of bankruptcy, tbe essence ?
of which is to discbarge debtors r
from tbe obligation of tbeir con- 8
tracts, and in pursuance of this t
power Congress has three times ;
Earned such a law, which in erery c
istance operated on contracts ]
made before it was passed. Such a c
law is cow in force, yet its consti- T
tntionalitv has never been qnes- t
tioned. llow it can be in accord- ]
a nee with the spirit of the Consti- (
tntion to destroy directly tbe cred-1:
itort contract fot the sake of the ,
individaal debtor, but contrary to j
its spirit to affect remotely its val- j
uo for the safety ot the nation, it is
difficult to perceive. (
11 So it it ?aid that the provisions t
that private property shall not be j
taken for public use without just j
compensation, and that uo person c
shall be deprived of life, liberty, c
or property without due conrse ot ,
law, are opposed to the acta under |
consideration. (
u The argument is too fine for my (
perception by which the indirect (
effect of a great public measure in <
depieciating the value ot lands, t
stocks, bonds, and other contracts, ;
renders snch a law invalid as tak- j
ing private property for public nse,
or as depriving the owner of it
without due course of law.
A declaration of war with a maritime
power would thus be uncon- '
stitutional, because the value of 1
every ship abroad is lessened 25
or 30 per cent., and ihose at home
almost as much I The abolition of
the tariff on iron or sugar would
in like manner destroy the furnaces
and sink the capital employed in
the manufacture of these articles.
Yet no statesman, however warm
an advocate of high tariffs, has
claimed that to abolish such daties
wonld be unconstitutional as
taking private property.
M It the principle be som d, every
successive issue of Government
bonds during the war was void, because.
by increasing the public
debt, it made those already in private
hands less valuable.
u This whole argument of the in
justice of the law (an injustice
which, if it ever existed, will be
repeated by now holding it void.)
and of its opposition to the spirit
./ - n a? - - -
of ins uonsuiuuon is coo abstract 1
and intangible for application to '
courts of justice, and is, above all, dangerous
as a gronnd on which to 1
declare the legislation of Congress 1
void by the decision of a court It 1
would authorize this court to enforce
theoretical views of the geni- ;
us of our Government, or vague
notions of the spirit of the Constitution
and of abstract justice, by '
declaring void laws which did not 1
square with them. It substitutes
our ideas of policy ior judicial con- 1
struction, an undefined code of ]
ethics for the Constitution, and a 1
court of Justice for the National '
Legislature."
lie closes bis opinion thns:
" Upon theenactment of these legal-tender
laws they were teceived
with almost universal acquiescence
as valid. Payments were made in
4l _ 1 I A ^ - -
tut# jegfti lenaer noies lor debts in
existence when the law was passed,
to the amount of thousands of mil*
lions of dollars, though gold was
the only lawful tender when the
debts were contracted. An equal,
if not larger, amount is now due
under coutracts made since their
psssago, nnder the belief that
these legal-tenders would be valid
payments.
44 The two Honse'of Congress, the
President who signed the bill, and
fifteen State oourta of last resort,
being all bat one that have passed
upon the question, have expressed
their belief in the constitutionality
of these laws.
ur!*L _ 11 *11
- tt nn an mis great weight ol
authority, this strong concurrence
of opinion among those who have
passed npon the question before
we have oeen called to decide it,
whose doty it was as much as it is I
ours, to pass upon it in the light 1
of the Constitution, are we to reverse
their action, to disturb eontracts,
to declare the law void, be- ,
cause the necessity for its enactment
doea not appear so strong to
us ss it did to Congress, or so clear
aa it waa to other courts I
" Sneh is not my idea of the relative
functions of thwlegislstive and
jndiclal departments of this Government.
Where there is a choice
of means the selection is with Congress,
not the court. If the act to
be considered is in any sense essential
to the execution ol an acknowledged
power, the degree ol
? i wmmmrnrnrn
rf |C ^ - ,
' i v * - >
. -v. VOLUME
IV1?W0. 41.
bat necessity is for the Legislature,
nd not fvr the oourL to determine,
n the cos? jn Whcaton. from
rhieh I have already quoted so
ally, the coart says that * where
he law is not. prohibited, and is
eally calculated to effect any of
be objects intrusted to the Govirnment,
to undertake here to in[iiiro
into the degree of its necessiy
would be to pass'the line which
ircumscribes the judicial departnent
and to treac on legislative
ground. This court disclaims all
intensions to such a power.' This
ound exposition of the duties of
he court in this class of cases re- *
ieves me from any embarrassment
>r hesitation in the case betore me.
f I had entertained doubts of the
ionstitutionality of the law, I
nnat had held the law valid until
hoee doubts became convictions.
But, as I have a very decided
>pinion that Congress acted within
the scope of its authority, I
mist hold the law to be constitaional,
and dissent from the opinon
of the court.*
This splendid vindication both
>f the wisdom and the constitution
iiity of Congress is completely satflfactory
and convincing to ns.
Nevertheless, the decision of the
sonrt, by a majority of one, is the
>pposite. As we said in 4he beginning,
we do not apprehend
herefrom very great disturbance
>f existing valnee, or a multitude
>f lawsuits. The parties in almost
ill contracts have, by unquestioned
acceptance of the law, made
heir transactions under it valid,
[his decision cannot invalidate
'hem.
Ken Who Win Women.
Nature has so made the sexes
hat women, like children, cling
o the men; lean npon tliem as
hough they were superior in mind
ind body. They make them the
inns of systems, and their children
revolve around them. Men are
gods, it they bnt knew it, and women
are burning incense at these
dirincs. Women, therefore, who
liave good minds and pure hearts,
want men to lean npon. Think of
their reverencing a drunkard, a
liar, a tool, or a libertine 1 If a
man would have a woman lo do
turn homage, he must be manly in
every sense; a true gentleman,
not after the Chesterfield school,
bnt polite, because bin heart :?
Full of kindness to all; one who
treats her with respect, even deference,
because she is a woman;
who never condescends to say silly
things to her; who brings her
np to nis level, if his mind is
above hers; who is ever overanxious
to do right; who has no
time to be frivolons with her.?
Always dignified in speech and
act; who never spends too ranch
upon her, never yields to temptation,
even if she puts it in his way;
ambitious to make his mark in
the world, whether she encourages
him or not; who is never familiar
with her to ibe extent of being an
adopted brother or cousin, who is
not over-careful about dress ; always
pleasant and considerate, but
always keeping his place of a man,
the head, and never losing it.?
Such deportment, with noble principles,
good mind, energy ana industry,
will win any woman in the
world who is worth winning.
A man in Wisconsin lias invented
a pocket stove warmed by alcohol.
We have seen one of them.
It looks very much liko a pint
flask filled with brandy.
Gstittjig into a passion is a good
deal like getting into a barberry
bush. The bush comes out all
right, hut you don't.
Lodge*.?"Somebody called in
my absence ? Did be leave any
name!" Mary?44 Oh, yes, sir;
he said it was Immaterial."
44 Did you know th*ft t
here t" said the bellow* to tbe fire.
" Ob, yee, I always contrive to get
wind of yon," was the reply.
Ir a ladr were tl?4- v
a , voivUCU lO WJ
kissed by a gentleman, and she
objected, what place near the
const of France might she name!
Uabant.
0
Tin Presbyterians of the United
States have more missionaries in
China than any other denomination.
A rorwo farmer who enquired
the best way to start a nnrsery
was told to get married.
Thr right to sell intoxicating
liqnors is to be tested in the Memphis
oonrts.
Prince Arthur's Terpsichorean
favorite is a galop.
Maryland's oyster beds cover
373 square miles.
Tn? ra-nnion of the two Virgin