Today in Supreme Court History: May 1, 1871

5/1/1871: Knox v. Lee decided.

 

Comments

[JoeFromtheBronx]

This is one of the "Legal Tender Cases."

Chief Justice Salmon Chase, previously Secretary of the Treasury, earlier wrote a 4-3 opinion declaring that greenbacks as legal tender violated Fifth Amendment guarantees against deprivation of property without due process of law.

President Grant, Congress bringing back the Supreme Court to nine justices now that Andrew Johnson was gone,* filled two vacancies. A re-examination led to a 5-4 vote the other way.

The dispute was over the price of some sheep seized from an alleged "alien enemy" in Texas (that is, someone loyal the Union).

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* An early precedent of the rule that Supreme Court personnel manipulation is okay when Republicans do it.