tat. 711, sec. 3), each in part
only.

"Legal tender clauses", making noninterest-bearing United States notes
legal tender in payment of "all debts, public and private", so far as
applied to debts contracted before passage of the act, _held_ not within
express or implied powers of Congress under article I, section 8, and
inconsistent with article I, section 10, and Fifth Amendment.

Hepburn _v._ Griswold, 8 Wallace 603 (February 7, 1870);
overruled in Knox _v._ Lee (Legal Tender cases), 12 Wallace
457 (May 1, 1871).

5. Act of March 3, 1863 (12 Stat. 756, ch. 81, sec. 5).

"So much of the fifth section * * * as provides for the removal of a
judgment in a State court, and in which the cause was tried by a jury to
the circuit court of the United States for a retrial on the facts and
law, is not in pursuance of the Constitution, and is void" under the
Seventh Amendment.

The Justices _v._ Murray, 9 Wallace 274 (March 14, 1870).

6. Act of March 3, 1863 (12 Stat. 766, ch. 92, sec. 5).

Provision for an appeal from the Court of Claims to the Supreme
Court--there being, at the time, a further provision (sec. 14) requiring
an estimate by the Secretary of the Treasury before payment of final
judgments, _held_ to contravene the judicial finality intended by the
Constitution, article III.

Gordon _v._ United States, 2 Wallace 561 (March 10, 1865).
(Case was dismissed without opinion; the grounds upon which
this decision was made were stated in a posthumous opinion by
Chief Justice Taney printed in the appendix to volume 117 of
the U.S. Reports at p. 697.)

7. Act of June 30, 1864 (13 Stat. 311, ch. 174, sec. 13).

Provision that "any prize cause now pending in any circuit court shall,
on the application of all parties in interest * * * be transferred by
that court to the Supreme Court * * *", as applied in a case where no
action had been taken in the Circuit Court on the appeal from the
District Court, _held_ to propose an appeal procedure not within article
III, section 2.

The "Alicia", 7 Wallace 571 (January 25, 1869).

8. Act of January 24, 1865 (13 Stat. 424, ch. 20).

Requirement of a test oath (disavowing actions in hostility to the
United States) before admission to appear as attorney in a Federal court
by virtue of any previous admission, _held_ invalid as applied to an
attorney who had been pardoned by the President for all offenses during
the Rebellion-