The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-01
TIE LEGAL TENDER JOB.
sur COURT PACKED TO REyERSE a
nIGHTEOUS JUDGMENT


nose aud Doing thcir WORK.
WASHINGTON, April 29-In the spring Of |
,s-o the moral sense OF the country was shock
81 hy the reversal. very soon after they |
had been rendered. OF the decisions Of tho |
su,r,nic Court in the legal tender cases. II |
.,rni.I plain that the court. whose action in |
,bis instance was Unprecedented and most !
,,ariling. had boon packed fox the purpose;
,hn, this high tribunal. to which the people still
looked for impartial justice. Notwithstanding
the corruption which prevailed in other depart
ments Of the Government had also fallen under
ho control Of powerful jobbcrs and like the
,xecutivc offices and the two Houses ot Con-
rress was degraded by the presence Of the crea-
lures OF certain corporations. 1t wns believed
and in general way stated ut the time. that tho
Pennsylvania Railroad. the Camden md Amboy.
and other companies. whose interests wore
manifest had gone into the court in the persons
At Joseph T. Bradley and William Strong. aud
,at down to render judgments In their own
,sses. That Strong and Bradlcy-the one
,tockholder Of the Camden and Amboy. and tho
other OF the Pennsylvania. ut the time Of their
northumberland in coarse. almost brutal.
dlsrerard of the long established rules Of the
SQUIRT in shameless opposition to the solemn
protests Of the elder Judges, and in lawless
contempt Of the rights of suitors. I propose
now TO show from two papers. both drawn by
the hand Of the late Chief Justice Chase. One
of them Is n personal narrative of this enor-
NOUS judicial outrage which the Chi,f Justice
intended for publication in his own biography
the other is n protest against the arbitrary con-
duct Of the newly made majority. written Ivy
he indignant Chief Justice. and signed by him
md by Justices Nelson. Field. aIi Clifford.
This was filed with the Clerk. but. foo some rea-
e.. a,1.ua Lee 4.
drawn. Both papers are produced from the
custody Of Mr.. Shuckers. the biographer Of
Mr.. Chase. and certified by him as true copies
They form the authentic history OF n crime
which WIS the fitting prelude of the great fraud
If 1876. and was consummated 10y the same
trcstituted Judges. who. by means OF n quasi
.adical iuggc. thrust Hayes into the office TO
which Tildcn had been elected. doing in this
.ase the work Of Gould and Scott and the great
railway corporations as efieetually as they did
It in the other.
Blu, to make the story ofthe Judges clear. II is
necessary 10 restae some Of the facts OF history.
IN 1866 Congress passed an act directing that
no vacancy in the office Of Associate Justice
should be filled until the number should be re-
iuced to six. In July. 1867. Justice Wayne died.
But In 1869. Grant being then in power. 1t was
enacted that the court should thereafter consist
that any member OF the court who had served
ZEN years might at the age OF 20 be retired on
full pay There were then eight Judges on the
bench. and it was this bench which decided the
4 leealtender question In favor Of coin contracts
Chase. Field. Nelson. Clifford. and Grier con-
urring. and Miller. Swayne. and Davis dis
sntng. 1t was supposed at the time that the
ct authorizing the pensionng OF II Judge at the
age OF 20 was devised mainly for the purpose
d getting rid OF Mr.. Justice Grier; and he
was now beset with opportunities to resign and
khus create another vacancy. He insisted that II
was his duty to remain until number of cases
assigned to him had been disposed Of. and man
fully held his ground against the conspirators
until he was threatened with the repeal Of the
pensionact unless he resigned by the first day
OF February. To this the poor and broken
old man succumbed. and the spectators in
Supreme Judges were given two vacancies in
stead Of one to i'll. They promptly dictated the
nominations OF Bradley and Strong. Strongs
opinions on the subject of legal tender were
known through his decisions on the Penn
sylvania bench. But as IL to leave moth
Ing in doubt. an agent Of the Admin
lstration was sent TO ascertain precisely
how he would decide II transferred to the Su-
preme Court Of the United States. He simply
pointed to his Pennsylvania opinions and said
kudl MS HllIu Huu uUutTkOnt no cuhHkt anu
he was appointed. Bradley had long been the
attorney OF the Camden and Amboy ut n salary
Of $4,000 per annum. and was at that moment a
member of the directory of that company.
The interest OF the Pennsylvania Railroad
Company in the reversal Of the judgment is
indicated by tho following memorandum of
agreement with the holders Of coupons on its
second mortgage bonds:
~ has Nj, day presented for payment to the
'a.d company, which coupons amount Ia the sum oi
o IL sDi or it, equivalent and the Nominal amount
me said coupons ha, been pad to The ,aid holder OF
without prejudice to IS right 10 the differ
,,lor Of ike sum in gold upon the nrst day Of April.
sl Witch difference the said company aeree 10 Pay N
lat hereof npon the nrst day of April, 1871 upon the
n,ha 70 decided by the supreme Court Of the United
M ~ may be discharg IN esa,endcr note. Of the
United states In which event no obligation 10 pay shall
s,ed GoweSer that IN case The Supreme Court Of ne
tnn' sics shan within one wear from the nrst day Of
money ofnc United state before tie 2Sth OF February
sn a rom a the rene sS s1 u sss' E S Sa
eum ,g nin toh We suttGner.s ~ tnls nsnV.an
interest - 'N''
The Pennsylvania Railroad Company had al
the date OF the memorandum $l2.000000 OF
bonds outstanding which had been issued be-
TORE req. 70. le62. the date OF the Legal Tender
Get
The following is an extract from the minutes
OF the Joint board OF directors OF the United
Canal and Railroad Companies Of New Jersey
held at Trenton. Feb. 26. 1870:
h.sorf That the treasurers OF the United companie
corrected 10 pay the interest coupons bonds issued
Pror TO Feb % iSB2 and other Obligations created prio
ouht Tune In the usual currency OF the country here
~oI put 10 n9uiy the parties Interested that the diner
nee between The value Of said currency and gold At n,
Lme m payment will be hereafter paid by the companies
law Of the land
This resolution was drafted by Joseph 7
bradley, n stakeholder and director OF the Cam
cen and Amboy Railroad Company. and also Us
attorney on an annual salary Of $4,000. At the
ume he drew this resolution he had been nomi
mated Tor Associate Justice Of the Supreme
court and his nomination was pending in tho
otha'e awaiting confirmation.
Inc United Companies of New Jersey had al
inc time of the adoption of Bradley's resolu
uon more than s2i 100000 Of bonds outstand
ing which had been issued before Feb. rs
looz-the date Of the Legal Tender act.
ABOUT the time of the decision Of the Supreme
court In the legal tender cases-February anC
Mhrch, lS7O-gOld sold from 1Q0h To 19OL