New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-12-24
CHIEEJUSTICR CHASE AND THE LEGAL
TENDER ACT

The following extract from q private letter for
warded TO US by q gentleman well-informed as to
the facts and the views of the CbiefJ Justice viii be
read with some interest:
Wisconsin State Journal appears article Of MI T.
o. Howe, Wisconsin Senator, criticsing paper OF
Henry Brooks Adams OF Massachusetts, entitled "The
Sc aon," and printedn the last number Of The North
American Rerietc No doubt Mr.. Howe writes ably, but
10 my perception he fails In candor and fairness. He
deals more with Mr.. Adamss family history than with
Mr. Adams's arguments But 40 far as IL treats Of MI
Secretary and Chases connection with the
gslTender controversy, it Ia particularly open to the
charge OF partisan statement and special pleading Let
me be particular He ostentatiousy cites three extracts
from letters written by Mr. Secretary Chase during the
discussion In Congress OF the LegaTender act In 1861
Mr.. Howe's purpose In making these citations Is 10
show the opinion Of Mr. ChlefJustce Chase rem
derng the judgment OF the Supreme Court Of the United
States in the celebrated Of Hepburn sg Girls
void. the ChiefJustice In conflict with his own
opinions expressed in 1862 when he was Secretary or
the Treasury The that be alleged OF these e1-
tracts s that despite repugnance TO the LIE
gal Tender he In them waived opposition TO IT,
They exhibit very clearly that TO invest irredeemabe
paper with the powers Of gold and silver bore hard upon
his sense Of public honor and justice.
The incorporation Of the Legal Tender ause into the
Act Of 1862 seemed to have become in sense politically
necessary The Secretary labored 10 escape by pre-
ysng upon the banks 10 receive and dsburse the Gov
eminent they did their own Such an arrange
ment in his Judgment, would have given the Govern
men notes much credit the legal tender sanction
could give them, and the Government would be saved
the odium OF violent Nor does he even at
this late day yield his conviction that the Act was pre-
mature The banks ressted his wishes, however, while
leading men OF the party with which he acting In
the suppression Rebelionboth In and out OF Con-
gesoubtful Of the adequacy Of the secretarys pro-
posed arrangement with the banks, even II II
were made, impatient Of delay and confident
of the efficacy Of the Legal Tender clause,
pressed adoption In these circumstances, and de-
sirous Of giving hearty support to those measures
which the wisdom OF Congress deemed essential TO the
public welfare he withdrew s objections, and entered
into with earnestness and sincerity 1t Is
not surprising" said the ChiefJustce IN Hepburn
against rswod that amid the tumut OF the late civil
war and under the influence Of spprehensons for the
safety OF the Republic almost universal different views
never before entertained by American statesmen or
jurists adopted by many The time was not favor
able 20 consderate reflection upon the constitutional
limits OF legislative executive authority. IL power
was assumed from patriotic motives, the assumption
found ready justification In patriotic hearts Many
who doubted yielded their doubts; many who did not
doubt were silent. Some who strongly sverse 20
making Government notes legatender felt themselves
constrained acQuiesce IN the views OF the advocates or
the measure Not few who then insisted upon its
necessity who aoguiesced In that view, have since
the return OF peace, and under the influence OF the
calmer time reoonsdered their conclusions" Nor is 1t
sur-sing that tribunal, composed OF jursts so
eminent and learned those OF the Court Of Appeals Of
Ney-York declared the act constitutional, the Secretary
rave public expression to his qualification In the same
circumstances Mr.. Howe would no doubt, have been
equally emphatic.
II is al important element In considering Mr. Chase
connection with the Legal Tender act OF 1862 10 recoect
that he was as Secretary OF the Treasury, admins
tratye officer only He not called upon to give ju-
dicta consideration TO the ensctments or Congress- IL
was his duty to TO the superior judgment OF the
Executive and the Legislature, unless their require
ments were such clearly TO conflict with his sense OF
Constitutional obligation. The Courts were open to
those who felt ageved. and he was rs subject 70 their
mandates a. other administrative officers OF Govern
ment Nor must be supposed that ss ChefJustice he
gave hasty judgment against the act Ii was the sub
t OF prolonged patient, laborous investigation and re-
aecton There was alternative after ALL but TO VIC
late his conscience condemn the coDstutonafty or
the measure. What would Mr.. Howe have done In q
,imilar case Mr.. Chase condemned the law That In
ths az IN most other OF his public acts, his course will
elicit the final favorable Judgment OF HIS countrymen is
Dot-I take itr-s matter OF much doubt