New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-03-19
Mr.. CUITTFNDEN,S TEST CASE


witnessing the proceedings of the House.
MR. CHITTENDEN'S TEST CASE.
GENUINE CASE TESTING TIE VALIDITY OF NEW
GREENBiCKs-IT WILL BIZ TRIED IN CONNECT
CUT IN APRTI-B. F. CUTLER AND wM. ALLEN
BUTLER THE ATTORNEYS.
lFRoM AN OCCASIONAL CORRESPONDENT OF TIE rRIBUNE-
WAsnINGToN. March 1S.-When Mr.. Chitten-
dens proposition to General Butler to test the
constitutionality of the of greenbacks
was first made public it was ridiculed by
the inflationists as likely to amount to
nothing of more consequence than q short
lived newspaper sensation. The Brooklyn Con-
gresham is very much earnest, however, and
General Butler stands by his agreement TO defend
the paper-money side of The question III the courts
There is good ground for saying that genuine
case has already been made up that will
Involve the whole issue of the right
OF the Government TO put out new legal
tender notes in time of peace. A citizen of
Connecticut owing IS 900 to q citizen of New York
tenders in payment new greenbacks reissued since
the LIST of last January. after having been once
deemed The New-York creditor refuses to receive
them in satisfaction of the debt, on the ground
that they issued in violation of the Constitution
and are therefore not lawful money. He will bring
q suit in the United States Circuit Court in Con-
debtor will set up as his defence the tender of the
new greenbacks and their refusal This is
believed to make a perfect test case ; but
before proceedings begun the advice of Senator
Edmunds, who takes an earnest interest in the
matter, will be obtained. In all probability the
case Will be tired before Judge Blatchford early in
April, the creditor being represented by General
Butler, and the debtor by William Allen Butler.
Whatever the decision may be. appeal will be
taken to the Supreme Court. That tribunal has
full authority to take any case out of its
order the docket and dispose of it at once
and as public opinion would strongly demand the
prompt decision of a question so vital to the
financial system Of the country this it is
able TO expect that the Court will take action dur
ing the term beginning in May, at the furthest.in
the course Of the Fall term
Mr.. Chittenden merits the thanks Of all friends Of
sound currency and public economy for perssting
in bis project for bringing to a speedy aud final
judicial decision the question of the valid
ity of Government legal-tender issues in
time of peace; and some recognition is due
General Butler for his readiness TO accept
tho challenge and go into court with his
fat-money doctrines The dead-point of resump-
ton has been safely passed. thanks to the irmne.s
aud wisdom of Republican Administration. but
all that has been gained may yet be lost by the
folly of Democratic Congress. The next Twelve
months will be an eXceedln sly critical period The
inflatIOnists have not given up the battle They
have retreated to make a new stand, and to renew
the fight with changed tactics. Their scheme IS to
deplete the Treasury by cutting down the revenue
aud increasing the appropriations, so az 70 insure
large deficiency. They will refuse to provide for
The deficiency by taxation or by an issue oil bonds,
and setting mp the cry that there are mill
ions of money lying idle III the Treas
ury, Will attempt to crowd through Con-
gress q resolution directing the Secretary to pay
tba INF ~ ore hack Do
accomplished and the t0Od-gates will be thrown
wide open. One scheme If monstrops expenditure
will follow. another. PIbhc confidence N the
ability or the Government 10 MAINTAIN specie pay
ments in spite Of Congressional eXtraya-
gance will give way, and resump-
non will not last another year With its abandon
ment all the old hat-money and initiation schemes
would spring mp again into vigorous life, and the
country would find itself at the bottom Of the hill
up winch it has painfully climbed, waIlOwlng
hOpcicssiy in a mOrasS of irTcdeemable paper.
decision of the Supreme Court stamping
constitutional all reissues OF redeemed GIeenbackS
will, it may confidently be expected, come in time
to put a stop to this career of wickedness
and folly, for 1t is not to be supposed
that that tribunal will ndOrse General Buffers
theory that the G0yernment can make money out
of leather or cam-shells. The money Of the COnstl
tuition is good and solid and the court,
whose highest function IL IL to defend the
Constitution against the enCTOachneuts of
ignorant legislators. will not tolerate any othercOn-
structun. The intlltiOnlsts are evidently prcpar-
tor decision ADVERSE 10 iueIT NlcNS, lOI many
OF them have already announced that they do not
care for the legal-tcndcr qualify in Government
paper, because If chat is taken away they can fall
back on Treasury notes, winch are undoubtedly
constitutional They do care for that quality, how
ever, no matter what they may say, ANA IN making
this assertion they only trying Ia open line of
retreat They know very we'll that Treasury notes
not leCal-tender viii not he money IN any sense,
Int only evidences of dcbtedncss, and that their
whole at-mOncy scheme falls pieces as soon rs II
is deprived Of the basis of Government laws forcing
paper upon the people.
All friends of a sound currency will say Let Mr.
Chttenden go or with his test case. The sooner
this question is settled the better Delays dan
ecrous with "a Democratic Congress about 10 lay its
greedy hands upon the public purse.