CHAPTER XXII.

THE SUPREME BENCH INVADED--ITS DECISIONS REVIEWED.

We are aware that many look upon the final decisions of courts with a

degree of awe and respect which is almost reverential. The railroad

companies of the country, with all their paid attorneys, are now

extremely jealous in their efforts to convince the public that the

supreme court of the United States is a body of the greatest jurists the

world ever produced; that their decisions are pre-eminently able, and

that it is disloyal, if not rank treason, to call them in question, or

to even criticise them. While we feel bound to recognize the decisions

of courts as binding until they are reversed, we claim that it is not

only the right, but the duty of every citizen of the republic to examine

these decisions, and to approve or condemn, as to his judgment shall

seem right. We examine, and approve or condemn, acts of congress and

state legislatures; we discuss the motives of legislators, and when acts

have been passed which are not acceptable, their repeal has been

demanded. Not unfrequently repeals have been effected soon after their

enactment, either because of patent defects, or because the people

condemned them. History has proven that the election of a man to

congress, or to the legislature, does not clothe him with wisdom, not

always with honesty, but that the frailties of humanity affected him as

it did others. The same rule applies to courts and judges. They are made

of the same flesh and blood, and are subject to the same infirmities as

other men. Their knowledge is not perfect; their judgment is not

infallible, nor are their official decisions always pure and free from

bias. Instances are not wanting where judges have been impeached, and

removed for dishonest practices. They have been and still are being

influenced by popular feeling, by certain interests, and are always

more or less controlled by education and association. Their decisions

are often reversed, and they sometimes reverse their own decisions.

If we want examples of a corrupt bench, we can refer to the city of New

York, where certain judges have been impeached, and removed from office.

Of partisan judges, we find them in Louisiana, Alabama, Arkansas,

Kansas, and many other states. Of ambitious judges, those who, while

acting in their official capacity, enter into political contests, and

use their judicial positions to secure other preferment, we need only to

look over the history of any of the states, and to the highest court in

the nation. Judges of the supreme court of the United States are found

identified with political parties; entering the lists as candidates for

higher distinction; and while they are holding high and responsible

offices, to which they have been appointed for life, they are seen

mixing with politicians as partizans, and seeking nominations. Judges

whose judicial decisions have been controlled by public sentiment, can

be found in Iowa, Illinois, Indiana, and Wisconsin. Judges who have

reversed their own decisions, can be found in any state in the Union,

and we have recent examples in the supreme court of the United States.

Such being the facts, it is not strange that railroads, and other great

corporations, should, to a very considerable extent, influence the

actions and decisions of courts. We feel warranted in saying, that the

decisions of courts, more than everything else combined, have promoted

the rapid strides made by railroad corporations toward a complete

destruction of republican institutions. The pernicious practice of

solving all doubtful points in favor of these corporations by the

"judicial construction" of statutes, or what might be called "judicial

legislation," has been of vastly more benefit to them than all the

grants received from legislative bodies. Legislatures do not possess the

power to grant to any individual, company, or corporation, exclusive

rights or privileges, unless such power is conferred by the

constitution. The rule formerly obtained, that in cases where the rights

of the public and that of an individual or corporation came in conflict,

an act of the legislature of doubtful authority would be construed in

favor of the people. The reason for this rule of construction is

obvious. The people are sovereign. All the powers not delegated to the

government, or to some department of it, were retained by the people.

Hence, when a question was presented involving a doubt of its

constitutionality, and a decision in favor of the individual or

corporation would deprive the people of any of their reserved rights, it

was resolved in favor of the sovereign people. The act was held to be

unconstitutional because the legislature could not exceed the scope of

the authority conferred upon it. The constitution was a limitation upon

legislation.

In a former chapter we have attempted to show the distinction between

the power of the states and general government under the constitution;

to demonstrate that the power of states was supreme in all matters save

in those expressly conferred upon the general government by the

constitution, and that for this reason the constitution of the United

States should be strictly construed. We are warranted in saying that

this rule obtained until questions involving the interests of railroads

began to present themselves for the decisions of the supreme court of

the United States. When these questions began to arise, a different rule

was demanded by the companies, and by a gradual departure the supreme

court has reversed this old and just rule, and now the will of that

court must be treated as the supreme law of the land. Judicial

legislation has usurped the place of judicial investigation, and the

people are without remedy, unless a return can be had to constitutional

rule. There is now a general complaint throughout the whole land,

because of the recent interpretation given by the United States courts

to the constitution; their disregard of statutes, constitutions, and

decisions of state courts, which have reached a point which virtually

makes the will of the supreme court superior to all constitutional and

statute law. During the war, the power and jurisdiction of the United

States courts were enlarged, and special powers were conferred upon them

to meet the exigencies of the time. From that period to the present,

these courts, by judicial construction of their power under the

constitution and new interpretations of that instrument, and by judicial

legislation, have gradually extended their jurisdiction, until there

seems to be no constitutional or legal barrier to their decisions.

Questions connected with railroad companies have increased rapidly.

Conflicts have arisen between the public and these corporations; they

have multiplied in the federal courts, and, as a general rule, have been

decided in favor of the companies. In some instances, upon questions

arising exclusively under the constitution and statutes of a state, the

judges of the federal courts have disregarded the action of the people

of the state, overridden their state constitutions and statutes, and

pronounced the decisions of the state courts invalid, and refused to be

bound by them, substituting their own conclusions in the interest of

these monopolies. To prove this, let us compare some of the earlier

decisions of these courts with those of more recent date, citing cases

where the powers, rights, and privileges of corporations were involved,

and where conflicts arose between the government of states and of the

nation. In the early years of our republic, questions connected with

corporate rights were submitted to the supreme court of the United

States; they were ably argued by the best constitutional lawyers of the

nation, and were carefully considered and decided by the courts. Upon

the question as to whether state courts were inferior, the supreme court

of the United States decided that they were not. The same court, on a

question raised as to the authority of the legislature of a state to

grant to private parties exclusive rights to certain property in

Georgia, _held_, that the real party in interest was the people, and

that it was only when the legislature acted within the power conferred,

that their acts were valid; that it was the peculiar province of the

legislature to prescribe general rules for the government of society,

but not to apply those rules to individuals of society.

The question as to the rights, powers, and privileges, of corporations,

came before the supreme court of the United States, and was fully

examined and decided, in 1819, in what is known as the "Dartmouth

College Case." The charter for the college had been granted by the king

of England for educational purposes. It was in no sense a corporation

for pecuniary profit. Without the consent of the trustees of the

college, the legislature of New Hampshire amended the charter in a

manner not acceptable to the trustees. They refused to recognize the

change made. A suit was instituted, and the case was taken to the

supreme court for a decision. The point at issue was whether the college

was a public or private corporation; and, also, as to the extent of the

power the state legislature possessed over its charter. It is not our

purpose to examine all the points raised and decided in that case, but

only to notice such as refer to the nature of corporations and the power

of the state governments to control them. In deciding these questions,

the court seems to have looked at the objects for which corporations

were intended. The court says; "A corporation, being a mere creation of

law, it possesses only those properties which the charter of its

creation confers upon it, either expressly or incidental to its very

existence. These are such as are supposed best calculated to affect the

object for which it was created. * * *

"The objects for which corporations are created are universally such as

the government wishes to promote. They are deemed beneficial to the

country, and this benefit constitutes the consideration, and, in most

cases, the sole consideration of the grant." * * "From the fact, then,

that a charter of incorporation has been granted, nothing can be implied

which changes the character of the institution, or transfers to the

government any new power over it. The character of civil institutions

does not grow out of their incorporation, but out of the manner in which

they are founded, and the objects for which they are created. The right

to change them is not founded on their being incorporated, but on their

being the instruments of government created for its purposes. The same

institution, created for the same objects, though not incorporated,

would be public institutions, and, of course, controllable by the

legislature. The incorporating act neither gives nor prevents this

control."

The doctrine above enunciated fixes the line of distinction between

public and private corporations. Those created for public or

governmental purposes are defined to be "public corporations," and those

created for the advancement of private enterprises are "private

corporations." Private corporations possess none of the attributes of

sovereignty, and hence are to be treated in law as private individuals;

the act of incorporation being for the purpose of affording the

corporators proper facilities for transacting business. Corporations

being the mere creatures of the law, they possess only those properties

which the charters of their creation confer upon them. Under the

decision to which we have referred, and from which we have quoted,

corporations are created by statute, and are subject to the control of

the power creating them. A grant from the sovereign power to an

individual, or to a company, is not necessarily irrepealable, nor will

it in all cases be treated as a contract. Corporations created for

public or governmental purposes are binding as contracts only so far as

they affect private interests, for the good reason that government

cannot contract with itself.

Nor could the legislature confer exclusive privileges upon a

corporation, the exercise of which would deprive the people of the

rights guaranteed to them in the constitution; for the reason that the

attempt to clothe a corporation with such privileges would be an

unauthorized act on their part. In the case of "Providence Bank _vs_.

Billings & Pittman," decided by the same court, in 1830, it is said that

"The great object of an incorporation is to bestow the character and

properties of individuality on a collective and changing body of men.

This capacity is always given to such a body; any privileges which may

exempt it from the burdens common to individuals do not flow necessarily

from the charter, but must be expressed in it or they do not exist." The

doctrine obtained that corporations can take nothing by implication, and

that unless the power to regulate and control them has been surrendered

by the legislature, that power remains undiminished. The rule that

grants of privileges to corporations are to be strictly construed, when

the rights of the public are affected, is recognized in this case. We

are warranted in saying that it is only since corporations have become

all-powerful in the land that a different rule has obtained. Under the

statutes of the United States, and as formerly held by the supreme

court, a promissory note given by a citizen of a state to another

citizen of the same state, but transferred to a citizen of another

state, could not be sued in the United States courts, but the holder was

compelled to bring his action in the state courts. This rule obtained

until counties, cities, and towns began to issue their bonds to railroad

companies, and was then disregarded. Railroad companies had sold and

delivered these bonds to parties in Wall street, or elsewhere; they had

failed to fulfil their contracts with the parties from whom they had

received the bonds, and when suit was brought upon them in the state

courts the bondholders were beaten. Suits were then commenced in the

federal courts, the plain letter of the statute was disregarded, the

established decisions of the supreme courts were overruled, state

statutes and constitutions were treated with contempt, the decisions of

the supreme court of a state, which had been followed for years, were

called "_oscillations_," and the interests, frauds, and deceits of

railroad corporations were fully protected and sustained; not because

this course was supported by the statutes or precedents, but because

such a course would subserve these harmful interests. This action on the

part of the supreme court was not the result of any dishonest or

partisan intent, but it was made to prevent what the court was pleased

to term great wrongs about to be inflicted on _innocent_ holders of

bonds purchased of railroad companies. In many instances the _innocent_

bondholders were the same parties who, as railroad men, had cheated the

counties and cities, and by fraud and false representation had obtained

these bonds, for which no consideration has been paid to the present

time. It will not be out of place here, as showing the influence of

these corporations over the supreme court of the United States, to refer

to the transactions that caused the first departure by the court from

the settled rules of decisions on questions arising under the

constitutions and statutes of states, and, we may add, initiated a rule

of decisions, followed to the present time, which have well nigh

destroyed states rights. Under this new rule the whole country is

governed by the supreme court and corporations. The people are

powerless, and monopolies reign supreme. We refer to the question of aid

by counties and municipal corporations to railroads. In many of the

states municipal corporations have subscribed stock and issued their

bonds to railroad companies, in some instances under express statute

authority, and in others without such authority. No one is prepared to

admit that compulsory payment by the citizen of a part of his property,

or money, to aid a private corporation in building a railroad, is the

payment of taxes for the support of government, or that the levy and

collection of a tax for that purpose can be supported by any section of

the constitution. Yet we all know that such taxes have been, and are

being, levied and collected. Judge Dillon, in his work on municipal

corporations, says: "The courts concur, with great unanimity, in holding

that there is _no implied authority_ in municipal corporations to incur

debts or borrow money in order to become subscribers to the stock of

railway companies, and that such power must be conferred by _express_

grant. To become stockholders in private corporations is manifestly

foreign to purposes intended to be subserved by the creation of

corporate municipalities, and the practice of bestowing powers of this

kind is of recent date and origin; and hence the rule, that in order to

exist, it must be specially conferred, and cannot be deduced from the

ordinary municipal grants."

If the above quotation is good law (and this no one will deny), the

recent decisions made by the supreme court cannot be supported. But in

order to avoid the force and effect of this principle, and to provide

for the collection of bonds illegally issued (by recent decisions), a

new doctrine has been promulgated by the court which overturns state

statutes, as well as the decisions of state courts. Treating of this

class of bonds, Judge Dillon says:--

"Respecting negotiable bonds issued under legislative authority, by

municipalities for such and kindred purposes, when in the hands of _bona

fide_ holders, the supreme court of the United States, influenced,

doubtless, by a keen sense of the injustice and odium of repudiation,

has at all times displayed a strong determination effectually to enforce

payment. Accordingly it has refused to follow the subsequent decisions

of the state courts against the validity of such bonds, in cases where

the prior rulings of the state courts had been in favor of the power to

issue them; it has adopted liberal constructions of statutes and

charters authorizing the creation of such debts; it has given no favor

to defences based upon mere irregularities in the issue of the bonds, or

non-compliance with preliminary requirements, not going to the question

of the power to contract; and has held that the circuit courts of the

United States were clothed with full power and authority by _mandamus_,

or otherwise, to enforce the collection of judgments rendered therein on

such bonds, and that this authority could not in the least be interfered

with, either by the legislature or the judiciary of the states." It will

be seen that for the purpose of relieving railroad companies from their

liabilities as guarantors, on bonds issued to them by municipalities

(for these bonds were uniformly so guaranteed), the supreme court of the

United States has declared the statutes of states, and the decisions of

state courts, absolutely null and void. In violation of both the letter

and spirit of the constitution, in order to compel the payment of bonds

issued without authority, and in violation of every principle known to

the law, it has said that these bonds must be paid because they are in

the hands of _bona fide_ holders.

This same court, as we will hereafter show, when the holders of bonds

issued by railroad companies were asking payment, has released the

companies from their written agreement to pay in coin, and compelled the

holders to take at par depreciated paper. When the bondholders are

demanding payment from the people, of the bonds issued without

authority, the court, in order to compel payment, nullifies state

government; but when these same bondholders demand that railroad

companies shall live up to their written contracts, have decided that

they need not do so. It fears the stigma of repudiation when the people

are called upon to pay, but when the call is made upon corporations it

decided in favor of repudiation. Our author continues: "It has upheld

and protected the rights of such creditors with a firm hand,

_disregarding at times, it would seem, principles which it applied in

other cases, and asserts the jurisdiction and authority of the federal

courts with such striking energy and vigor as apparently, if not

actually, to trench upon the lawful rights of states and the

acknowledged powers of the state tribunals_."

Municipal corporations have no right to become stockholders in private

corporations; acts of the legislature pretending to confer such

authority are void; the officers who control and administer the

municipal government are the mere agents of the municipality, and can

only act within the scope of the powers conferred upon them by the

charter of the municipality they represent. Neither the constitution of

a state, nor of the United States, nor the charter of a municipality,

can confer upon the nation, state, county, city, or town the authority

to compel any citizen against his will to bestow any part of his money

or property upon private corporations. And it matters not whether this

comes in shape of a tax, an arbitrary appropriation of a fraction or of

all his property or possessions to such private corporation, or by a

subscription of stock to it. If the national, state, or municipal

government can in either of the above methods compel him to aid in

building up and supporting private corporations, then private

corporations are clothed with attributes of sovereignty, and all private

citizens own and possess their property subject to the will of these

corporations. If a majority of the qualified voters of a state, or

particular locality, are in favor of taxing the state, or local

district, to the extent of one-tenth or one-half of the assessed value

of all property in the district, and investing the amount in a railroad

enterprise, the minority, notwithstanding their protest and

remonstrance, must submit to have their property taken from them and

applied to the same object. Their constitutional rights are taken from

them, and our boasted free government has no real existence. By recent

decisions of the supreme court of the United States, the people of the

whole country are placed in that position now. Railroad corporations

have been, and are now, under the fostering care and protection of this

court. Statutes have been so often disregarded by it, when their

interests were to be subserved, and in conflicts between the people and

these monopolies the decisions have been so uniformly in favor of the

latter, that it is now a question whether the government controls

corporations, or corporations control the government. If a pernicious

law is enacted by congress, or a state legislature, it is soon repealed.

The men who compose those bodies are constantly changing, their term of

office is short, and the errors committed by them can be speedily

corrected. The judges of the supreme court are appointed for life; the

people have no control over them; their decisions cannot be reversed by

any department of the government. A decision of the supreme court is

the supreme law of the land, and cannot be reversed or amended by any

other power in the land. It is superior to all statute law, and the

power of the court has no limit, save that fixed in the constitution and

statutes of the United States, both of which must receive _their_

construction and interpretation from the court. We have already said

that judges of this court are subject to the infirmities common to all

men; that they are liable to be influenced by the same causes that

influence others; that no matter how honest and pure they may be in

their intentions and actions, their decisions were liable to be

controlled by surrounding circumstances, and that the influence of this

great corporate power did control them. In proof of this we need only

look at their course of decisions on municipal bonds, and on bonds given

by railroad companies, before referred to, as well as their decisions

upon the nature of railroad corporations. It strikes us as remarkable

that the supreme court of the nation should have or entertain any doubts

as to the fact that these corporations are private. Upon what principle

the court can hold that railroads are public highways is not readily

seen. The stock, the roads, and all other property belonging to the

different railroad companies, are as much their individual or corporate

property as are the furnace, the factory, or the mining interests, the

property of the companies owning them. Their ownership is as complete as

that of the private person who owns the stage and team used for carrying

the mails in certain districts. The same law that governs other common

carriers, governs these corporations. Government can only interfere with

their business when they abuse the privileges granted in their charters.

It cannot compel them to carry the mails, save in pursuance of contracts

made with them. They own the ground upon which their roads are built,

and no one can travel upon these roads, or ship freight over them, save

by the permission of the companies. While courts and legislatures have

the constitutional right to regulate and control these corporations,

and, if need be to prevent abuses and oppressions, to declare their

charters forfeited, as in cases of banks, insurance companies, and other

corporations,--upon no principle of law can they declare them public

corporations. If it is a fact that they are public corporations, then as

a resulting consequence they are clothed with the attributes of

sovereignty, and are a part of the government. If railroads are public

highways for any purpose, they are for all. Until they cease to be owned

and controlled by private corporations, it will hardly be claimed by any

respectable court that they are public highways, in the same sense as

common public roads, nor can they be until they are open to public use.

This cannot be until the public becomes the owner of these railroads.

But we are told that the supreme court has decided the question, and

declared that they are public highways, no matter whether they are owned

by the state or private companies. We have not seen the decision; but if

such decision has been made, we are bound to accept it as the law of the

land, until the same court reverses it. Yet if the court was to decide

that a river was a railroad, or that a steamboat was a train of cars,

while we would accept this decision as the law, we would not admit that

such was the fact. We are not aware that the question as to whether

railroads are public highways has ever been before the supreme court,

save in connection with the right of municipalities to subscribe stock

and issue bonds therefor, and upon the question of voting taxes to aid

in their construction. When these questions have been presented to the

supreme court of the United States it has held that they were public

highways. It is noticeable that these decisions have been made only when

the interests of these corporations were to be subserved. In a recent

case from Wisconsin the supreme court decided that they were public

highways, and that it was just as lawful to levy taxes for railroads as

_for any other public works_. The same court has decided in a large

number of cases when suits were instituted on municipal bonds, that

railroad corporations were private companies, and in all of the states

where the question has arisen, we believe they have been held to be

private corporations. We might cite several recent decisions of the

supreme court to the same effect. In the cases of Kansas Pacific Railway

Company _vs_. Prescott, Ribon _vs_. Chicago, Rock Island, & Pacific

Railway Company, Putnam _vs_. New Albany & Sandusky Railway Company, and

Chicago & Quincy Railway Company _vs._ the County of Otoe, tried in

Washington last winter, the court virtually decided the corporations

were private, and not public. The doctrine to be gathered from these

decisions is, that when the interests of these corporations demand it

they are to be treated as private, but when the question is as to their

right to compel the people to contribute of their substance to build

railroads, then the roads are public highways. If the corporations are

private, and their roads are built and owned by them, the fact that

these roads are private still exists, notwithstanding the courts as to

the law of the case decide that they are public highways. The fact that

such a decision has been made, is strong proof of the correctness of our

position, that the corporations have a controlling influence over the

judiciary of the country more to be dreaded by the people than all the

appliances that can be brought to bear upon the legislative and

executive department of the government. But in no other instance has the

influence of these corporations over the supreme court of the country

been made more manifest than in what is known as the "legal tender"

decision. And we might add that no other decision of the court, and no

act of any department of the government, has proved so disastrous to the

people as this decision. We have already referred to the means used by

these corporations to secure a majority of the supreme court favorable

to their designs, and of their success in the selection of judges

committed to their interests. It only remains for us to review this

decision to convince the most skeptical of the fact that corporations

have captured the supreme court, as well as the other departments of the

government, and the effect of this decision has given to these

corporations, and Wall street brokers, and gamblers, the absolute

control of the finances of the country. But before coming to the

decision, it will not be out of place to remark, that _money_ is always

the standard of value for all commodities; that the universally adopted

idea of money means coin--gold and silver--or, what is called the

precious metals. Bank bills, treasury notes, bills of exchange, and all

kinds of commercial paper are only valuable as the representatives of

money. The fact that they are expected to be converted into money gives

them their value in the market. Let it be understood that they cannot

at some future day be collected in money, and their commercial value

ceases. In proportion to the length of time that must elapse before any

bank bills, treasury notes, or other commercial paper can be paid in

specie, does its value increase or diminish in commercial transactions.

Nothing but money of the standard value can be made a legal tender in

contracts between individuals. Congress does not possess the power,

under the constitution, to say that A who has contracted to pay B $1,000

in money, can discharge that contract by paying him $1,000 in bank bills

or treasury notes, that are worth in money but $800. If such powers

exist, then all standard values of property is destroyed, and it

fluctuates in value as the price of the paper representing money

approaches to, or recedes from, the money standard. The rule that

nothing but gold and silver is, or can be, "legal tender" has been

uniformly adhered to from the formation of our government, until 1872,

when a majority of the supreme court reversed the rule, and decided that

what are termed treasury notes are, under the acts of congress, legal

tender for all contracts and business intercourse among men.

The question was fully argued in 1869 before a full bench, then composed

of a chief justice and seven associates, five of whom concurred in

deciding that the act of congress making anything but gold and silver a

legal tender was unconstitutional. Before the decision was announced

Justice Grier resigned, leaving but six associates on the bench when the

opinion was delivered. Chief Justice Chase delivered the opinion, and,

in speaking of the powers of congress, says: "No department of the

government has any other powers than those delegated to it by the

people. All the legislative power granted by the constitution belongs

to congress; but it has no legislative power which is not thus

granted. * * Not every act of congress, then, is to be regarded as the

supreme law of the land, nor is it by every act of congress the judges

are bound. This character, and this force, belongs only to such acts as

are made in pursuance of the constitution." The court then decides that

there is in the constitution no grant of legislative power to make any

description of credit currency a legal tender in payment of debts, and

that it does not exist as incidental to any of the granted powers. That

the power does exist in congress to issue bills of credit or treasury

notes, but not to make them legal tender for debts. The opinion

concludes as follows: "We are obliged to conclude that an act making

mere promises to pay dollars a legal tender to pay debts previously

contracted, is not a means appropriate, plainly adapted, really

calculated to carry into effect any express power vested in congress;

that such an act is inconsistent with the spirit of the constitution,

and that it is prohibited by the constitution." This decision was not

acceptable to corporations and railroad managers. It would compel them

to live up to the contracts they had made, and destroy their power of

controlling, in connection with the Wall street stock jobbers and gold

brokers, the entire financial interests of the country. We have already

shown how this combination of corporate interests secured an increase in

the number of judges, and that Messrs. Strong and Bradley were appointed

because of their opposition to the legal tender decision. None of the

judges who had concurred in the decision of Judge Chase had changed

their opinions; these were then dissenting members of the court. The two

new appointees uniting with three dissenting judges, a majority of the

court could overrule the long settled decisions of the court, and

sustain the act of congress making depreciated paper a legal tender. The

law of the land, recognized since the organization of the government,

approved by all the eminent jurists and statesmen who have lived in the

last century, could be overturned; values could be unsettled; the

financial and commercial interests of the country could be made subject

to this great corporate power which had obtained such complete control

of the different departments of the government.

Soon after the appointment of the two judges above named the legal

tender question was again brought before the court, a full bench of nine

judges sitting and participating in the decision of the question. Five

of the nine concurred in holding the legal tender act constitutional,

Justice Strong delivering the opinion of the court. It is a noticeable

feature of the case that a judge who had just taken his seat should be

selected to pronounce the decision; that after a uniform course of

decisions, made and upheld by all the great jurists of the country for

eighty-five years, two judges who had just been appointed should be

found delivering opinions reversing this long settled rule, and that

both of said judges were appointed because of their avowed friendship

for the corporations which were to be so largely benefited by the

reversal of this long settled construction of the constitution upon the

question of legal tenders, and it seems that even these judges base

their decision upon what they deem the necessity for a reversal rather

than upon any constitutional grounds. Justice Strong, as preliminary to

the opinion of the court, says: "The controlling questions in these

cases are the following: Are the acts of congress, known as the legal

tender acts, constitutional when applied to contracts made before their

passage? and, secondly, Are they valid as applicable to debts contracted

since their enactment? These questions have been elaborately argued, and

they have received from the court that consideration which their great

importance demands. It would be difficult to overestimate the

consequences which must follow our decisions. They will affect the

entire business of the country, and take hold of the possible continued

existence of the government. If it be held by this court that congress

has no constitutional power, under any circumstances, or in any

emergency, to make treasury notes a legal tender for the payment of all

debts (a power confessedly professed by every independent sovereignty

other than the United States), the government is without those means of

self-preservation which, all must admit, may, in certain contingencies,

become indispensable, even if they were not when the act of congress now

called in question was enacted. It is also clear that if we hold the

acts invalid as applicable to debts incurred, or transactions which have

occurred since their enactment, our decision must cause, throughout the

country, great business derangements, wide-spread distress, and the

rankest injustice. The debts which have been contracted since February

25th, 1862, constitute, doubtless, by far the greatest portion of the

existing indebtedness of the country. They have been contracted in view

of the acts of congress declaring treasury notes a legal tender, and in

reliance upon that declaration. Men have bought and sold, borrowed and

lent, and assumed every variety of obligation, contemplating that

payment might be made with such notes. Indeed, legal tender notes have

become the universal measure of values. If now, by our decision, it be

established that their debts and obligations can be discharged only in

gold coin; if, contrary to the expectations of all parties to these

contracts, legal tender notes are rendered unavailable, the government

has become an instrument of the grossest injustice, and debtors are

loaded with an obligation it was never intended they should assume. A

large percentage is added to every debt, and such must become the demand

for gold to satisfy contracts, that ruinous sacrifices, general

distress, and bankruptcy, may be expected. These consequences are too

obvious to admit of question. And there is no well-founded distinction

to be made between the constitutional validity of an act of congress

declaring treasury notes a legal tender for debts contracted after its

passage, and that of an act making them a legal tender for the discharge

of all debts, as well those incurred before as those made after its

enactment. There may be a difference in the effects produced by the acts

and in the hardship of their operation; but in both cases the

fundamental question, that which tests the validity of the legislation,

is, Can congress constitutionally give to treasury notes the character

and qualities of money? Can such notes be constituted a legitimate

circulating medium having a defined legal value? If they can, then such

notes must be available to fulfil all contracts (not expressed by

exception) in money, without reference to the time when the contract was

made."

This quotation from the opinion of the court may be taken as a sample of

the reasoning in favor of a reversal of former decisions on the question

of legal tender. After elaborate argument in the same strain, by Justice

Strong, and also by Justice Bradley, a majority of the court decide that

the legal tender acts are constitutional, while the four judges

remaining on the bench, who but a short time before had made a contrary

decision, dissent from the opinion of the majority. The argument of the

majority in favor of the decision seems to ignore the real question,

to-wit, the constitutionality of the acts of congress, and to place the

decision upon the ground that a contrary holding would be ruinous to the

financial interests of the country. The assertion is made that the

decision "_will affect the entire business of the country, and take hold

of the possible continued existence of the government_." The decision

was made about one year ago, and its effects on the business interests

of the country are made manifest. If the court believed that the

decision sustaining the legal tender acts would prove beneficial to the

people, it was sadly mistaken. But if it believed such a decision would

strengthen monopolies, and enable a few railroad managers and Wall

street brokers to corner and control the finances of the country, then

the decision was a success. The effect has been to unsettle the

commercial and financial interests of the country, and to show that

treasury notes, if they are the standard of values, are a fluctuating

standard. The consequence of the decision has taken "_hold of the

possible continued existence of the government_," and has enabled the

gold and stock gamblers in Wall street to suck the life-blood of the

nation. The decision gives strength to corporations, who, uniting with

Wall street brokers, are depleting the treasury of the nation to advance

their own private purposes. By the decision two standards of value are

fixed: one that is stable, and must ever remain so--the standard of

money--gold and silver; the other, the standard of fluctuating paper, of

no intrinsic value, liable to be inflated or depressed, as shall best

subserve the interests of the parties who, by combining, have got such

absolute control of the market as to be able to change the value of this

_legal tender_ paper at pleasure. The idea advanced in the decision,

that to declare that nothing but coin could be a legal tender, would

cause widespread ruin, presents but a partial view of this matter. As a

matter of fact, no act of congress prior to 1862 had ever been passed

making anything but coin a legal tender; nor was there any decision of

the supreme court recognizing or deciding that paper money could be a

legal tender until 1872; and yet no such widespread ruin had overtaken

the financial interests of the country as has manifested itself since

that decision was rendered.

Simultaneous with the decision of the court declaring treasury notes

legal tender, the quantity of coin in the treasury began to decrease,

and one year's experience has sufficed to reduce the amount from

one-third to one-half, and in proportion the amount controlled by Wall

street has increased. The secretary of the treasury is now obliged to

have recourse to the $44,000,000 of treasury notes held as a reserve to

prevent panic and disaster. This decision does not benefit the importing

merchant, who must pay in coin; it does not benefit the legitimate

business of the country; it does not benefit the farmer, or any of the

industrial interests of the country, because in buying and selling, if

payments are made in paper (_legal tender_) the prices of the articles

bought and sold are fixed by a gold or coin standard. Coin is, in all

dealings, the measure of values. The decision of the court does not and

cannot change these facts. The only parties who derive any real benefit

from it are corporations and brokers, who can save large amounts by

being released from their contracts. Another argument used by the court

in favor of the decision is, that every independent nation possesses the

power to make paper a legal tender, and that it must be possessed by our

government. The answer to this is, that the constitution does not confer

upon congress, or the courts, even by implication, any such power. And

if we admit that other nations possess it, we conclude it is because the

fundamental law recognizes it, or because the government is of unlimited

power.

The court decides that "_legal tender notes have become the universal

measure of values_." This is simply untrue. In all quotations of values,

the measure is fixed by gold, and then legal tender notes are quoted as

being worth such per cent less (or what amounts to the same thing); gold

is quoted as being worth ten, fifteen, twenty, or more cents to the

dollar more than paper, and while the value of gold is fixed, that of

treasury notes is constantly fluctuating. Under this decision railroad

companies, and their associates, the Wall street gamblers, control the

finances, while all the honest and legitimate business of the country

languishes. Had the court designed to place the whole interests of the

government and the people in the power of these corrupt rings and

dishonest brokers, no more effectual means could have been devised or

adopted. Justice Bradley, in his opinion concurring with the opinion of

Justice Strong, makes use of the following bold and dangerous language:

"It is absolutely essential to independent national existence that

government should have a firm hold in the two great sovereign

instrumentalities of the _Sword_ and the _Purse_, and the right to wield

them on occasions of national peril." Let this pernicious doctrine be

accepted as the law of the land; let the _purse and the sword_ be placed

in the hands of government officials without restrictions, and what

vestige of republican institutions is left? What difference is there

between our government and absolute despotism? But more than this, let

the highest court of a nation, by a partisan decision, place the _purse_

of the nation in the hands of a gigantic monopoly, banded together for

the purpose of plundering the public, and what vestige of independence

is left the people? Reader, look carefully at the almost unlimited power

the corporations of the country have obtained over each department of

the government; at the legal tender decision and its effect upon the

people of the country, and then ask yourself if we, as a nation, are not

nearing the point where we cease to be a republic, save in name. This

decision impairs the obligation of contracts, in violation of the letter

and spirit of the constitution. It compels the creditor to take from the

debtor irredeemable paper at par, on a contract payable in money. It

says that a mere promise to pay is a legal tender. It makes it

absolutely impossible to resume specie payment because it withdraws all

coin from circulation, and does away with the necessity for its use in

domestic transactions. The coin of the country is shipped to foreign

countries to meet demands against us in those countries, and to pay for

such commodities as we purchase from them. Credit currency, no matter

whether it is issued by the general or state government is not, nor can

it under the the constitution, be made a legal tender by act of congress

or by a decision of any court in the land, because the laws of trade

will control the whole matter, being stronger than legal enactments or

judicial decisions. Money is the universal medium or common standard

which fixes the value of all other things that can be sold or bartered,

and neither the congress of the nation, by the passage of a law

declaring that paper shall be a legal tender, nor the supreme court

deciding that such law is constitutional, can impart an actual value to

such paper, because it is but a promise to pay money. They can no more

accomplish this object than can the alchemist convert iron into gold.

The only effect of this decision, as we have attempted to demonstrate,

is to place the people more completely in the power of corporations. If

the reader has followed us he will not fail to perceive that all the

departments of the government are virtually controlled by the great

anti-republican corporate interests now overshadowing and cursing the

land; and that the supreme court of the United States, originally

intended to be a check upon unconstitutional legislation, and to guard

with jealous care the rights of the people, has become an instrument to

aid this great power in its war upon the rights of the citizen; that by

judicial construction of statutes involving the rights of corporations

and the people, such decisions have been made as leave the people but

little to hope for in the future, and induce the belief that the will of

the court, and not constitutional law, is to be the "supreme law of the

land."

Monopolies and the People(#39095) · 第 22 / 29 章