is involved; not a single one notices the established truth that continuing trade is but composed of repeated cycles of barter, of repeated exchanges of goods for goods, in which money but aids the revolution, and is in no case the substance of either step; no one considers that money itself is often more widely fluctuating than goods, and that in such universal advance of commodities we have only a demonstration of the enormous fall of money resulting from the methods of financing the war; all of the lower Courts seem to have the greatest difficulty in distinguishing the Nash and Harvester cases, and no one has attempted to show, as not only is the case but as is so clearly shown by the Supreme Court itself, how absolutely right these cases are, and how necessary for the preservation not only of the Constitution and the administration of justice, but even for the protection of Liberty herself! No decision follows the rules adopted by the Supreme Court relative to the construction and implied repeals of statutory and common law. All of them simply assume that it was the purpose of these three words,[1] to undo not merely all the work of the Supreme Court since its beginning, but even that of the Common Law for nearly a thousand years. Not one seeks to know why sugar is now selling at sixteen to twenty cents a pound in this time of great scarcity, when in times passed, its normal price always exceeded one dollar. None seeks what Liberty has done for us, nor what we must do for Liberty, if she is to continue to heap her blessings upon us, a measure of blessings that she can alone insure.
Though some of them mention proofs that may be offered juries; there is nowhere taken into considera-
- ↑ The words in the Act—"unjust," "unreasonable" and "excessive."
