Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-29
CHASE AND THE CONSTITUTION.
Atty OF LEGAL TENDER.

Court in the legal tender cases re-
Gently argued, as the letter of MIR.
Eldridge G. Spaulding to Secretary
McCulloch. Mr.. Spaulding was a
member of Congress from the Buff
falo district, in New York, in the
earlypart of the war, and promi-
nent member of the Committee of
Ways and Means. 1t was he that
reported the legal tender bill, made
the principal arguments in its favor,
and secured its passage. This, how
ever, would be little to the purpose,
says the New York World, were it
not for the fact that he was on the
most confidential footing with MIR.
Chase, then Secretary of the Treas
ury, now Chief Justice, and was
supposed at the time to he in pos
session of a letter from that gentle
man expressing the opinion that
the legal tender clause Of tn bill was
repugnant to the Constitution. That
letter was never published, except
in garbled extracts, although there
was an eager desire to have it read
in the House at the time. The re-
cent letter of Mr.. Spaulding seems
equivalent to a confession that what
was then suspected by certain men,
beers Of Congress was true, and that
the present Chief Justice did then
believe that the legal tender clause
was unconstitutional. 1t is proba-
bly, in consequence of Mr.. Spauld-
ing's knowledge of the sentiments
of Mr.. Chase that he makes the fol-
lowing conjecture respecting the
forthcoming decision of the Su-
preme Court:
Dub luG law Has DG6u COuilBuCu I'LL
force so long after the close of the war,
without any real necessity for it, that /
should not be much surprised If the
Court should declare it unconstitus
tional."
Mr.. Roscoe Conkling, of New
York, (now SenatoR was then a
member of the House, and had ap-
parently become acquainted with
views Of Secretary Chase on the le-
gal tender question. He therefore
kept interrogating Mr. Spaulding
about the opinions of the Secreta-
~, but did not succeed in getting
answers with which he appeared sat
isfed. Mr.. Spaulding had extracts
from letter from the Secretary to
the Committee of Ways and Means
read in the House; but Mr. Conk-
ling, being satisfied, from other
sources, that the extracts did not
give the whole view of the Secreta-
ry, called for the reading Of the res
idue, and being told that it related
merely to the details Of the bill, he
kept cross. questioning Mr.. Spaul-
ding until he elected the fact that
this gentleman was in possession of
another letter from the Secretary
relating to the same subject. Mr.
COnkling then called for the reading
Of that. Mr.. Spaulding replied that
it was not letter to the committee,
but to himself The urgency OF
members, however, prevailed on
him to read an extract, which show
ed, indeed, that the Secretary de-
sired the passage of the bill, legal
tender clause and all, but showed
also that he had come to that posi-
ton against his recent judgment,
and solely on the score of necessity.
The letter must have contained
something that would not have pro,
NOTED the passage of the bill, OF
Mr.. Spaulding would not have been
so unwilling to read it, and have
merely culled out detached senten
ces. The part read was as follows
81 came reluctantly to the conclusion
that the legal-tender clause is a necessi.
ty; but came to it decidedly and sup
port it earnestly. | do not hesitate sine,
have made up my mind.
The conclusion | have reached is that i
is important to the success of the mea
sure.
There was not syllable indica
ting that he had changed his opinion
that the legaltender clause was I'm
constitutional, but only that he had
with great reluctance and after nue.
hesitation, come TO believe that
was necessary. If there had bee
anywhere in the letter a single phras
favorable to the conStitutionality c
the legal-tender provision, we ma
be sure that it would not have bee
withheld hy the author of the bill
who was SO earnest to have il pass
when hesitating members were eagel
" induirlng after the opinions ofth
Secretary. Both the nature of VIII:
was given, and the fact that niue
was withheld, justified the impressio
that Mr.. Chase had not yielded h
constitutional objections, but ha
merely allowed them to be override
by practical considerations. A co
respondent Of the New York IT.
5"ae, o.writes with an air of il
formation, sends to that journal Il
following communication:
To the Editor OF the Gribune-Sil
In your editorial comments this morniI
upon the letter of the Hon. Z. G. Spanl
ing to Mr. Secretary McCulloyh upt
Legal Tenders in Time OF Peace Y,
10 injustice to Mr.. SpauldIng, as well
-