, 1879-03-10

ruled II = tnwatsantcd BY the Consultation -
e ess ss'fss. Mss atssa ss Ss bssts 1ssa s:a
1%a9 ;hs9 !ss ,ls ,sw then in s1'st'nce provided
II ~ pin!on s,vo OF The ntno Judges con-
cur hey were Justices swaYnc, Miller,
Davis, strong. and ntadlcy. Chlef>Justtce
Chasu alld Jn.tfccs Nelson. Clifford, And Field
p.ssent'd t.s'e dissenting oplnioD' in which taey
We have no hesitation therefore, In declaring
our conviction that tho making OF these notos
!sgnl: sendef va nos ness.sarI Or proper means
press power Of the Government.
The questions now to be raised tu the case to
be presented By Mr. ChFttcnden and Gen. But
1cr ara understood to be different from ally al
this PARTICULAR they Will not involve, but, on tho
contrary, exclude, the war power or tho right OF
ihe Hovcrnfnent u means Of setflefense in
time Of war to give to Its notcs TIC lcga-tender
2siny: nJ+, is sass W,il come In such 'hapo that
Frse-Whothcs or no Congress, under the
Consultation, can In time OF poace Etyo to Traas-
nry notes the quality Of lcgal-tendsr for privats
Seeond-Whetl1cr a reissue Of lcga1-tcndor
note, tlo oFtgtnul Of which WAS dated before
the closing. Of tho War. does not lose the legal
tender quality.
present the case tliat Mu Gourt shall decide
whethcr or no Congress can constitutfona1Iy
order the reissue Of lcgal.tcnder notes aftcT
thcy lAYo been redeemed bv the Treasury under
re Resumption aet, as It did by Law passed at
TIC long scsslun last rear.
Gen. lsnt'cf. as, Will be observed IN lis let
Ter To Afr. Chittendeu, holds that Congress
iuas, under the Constitution, make legal.tcnder
mqgney q out o. anythnE and at my time.
the suosef1c Court for tho fall term III October.
The settlement OF tho question, III Whatcyef
,! ,vay The Court NAY deeldu IT, canbot fall 10
Es as.oas u g egaatrs ss'f q m .s 9 s b.
held tl!at tho Constitution grants to Congress
the right 10 issue 1cgal.tcnder notes at any
time, tllc millennium Of tho 0rcenhackerb will
have come II 1t decides that Congress has no
such constitutional power, then tho Treasury
notes now out will cease to l,aso tic lcgnf-
tender quality, tic Treasury inuy cease to re-
Issue lcFal-tcndcr uotca which It has redeemed,
Anu 10 thut caso NAtional.bank notca would take
Tie place OF Government paper money to tho
cxtcut 10 which tile business OF the country
ahall demand nutcs, tia Nationnl-Iank net A.
Iowtug OF All unlimited a1tent.
subject between air. Cbttendcn and aon,
Butler:
fIouaE or REraxsrxrA7svxs. wAantsoroy, D.
c.. Jsn 10, 1S7D.-DzAn Gnxx1lAt: understood
meui has CONSTITUTIONAL authority for the ssissao
Of legal: tender Grcenbacks. and that you also aro
willing 10 ansagonizs tho opposing view In the
1no~ propodo that No aeok suitable test case
(which, OF courae, will be q real onel With tho
mutual agreement to advance It ~ rapidly tnay
cfsiun. II you agrees to thts l will tnvito you to
meet my counsel at cnrly day 10 confer In ro-
spsst 70 ths seps voFy respectfully,
Tho lion. DEs;4nts F. BuTIEK. ''sD1'
WAAntxaTox. b. c., Feb 4, 187O.-Mr DEAN
Mn, CnlrTEHnyH: entertain Tho most uuwqrvr-
ing fatt! IN the powor Of tha Government 10 coin
money out OF any material 1t secs 1T; aud tho fact
fn4t there hnTe bCEn ri t1cN fhn
money no moro limits tls constitutional power to
make money tn tho best way and m0st cheap anu
convenient for the i!ae Of tho coplo than bocaiiso
thctc were no te!sgraphs Or sseambnas At tho tnio
mcree nhd post routes therefore tt must carry tho
malls on horseback III saddle +bags. y. go.
lam willing, for The sake of'fhe good It will do
70 m ilndettaxa the labor Of aryufnE that question
Hla4e,--of coursc. an actnal case. - -.
NOW case can eaa!ly b made for friendly auit
to bring up THO noints. Let note Of auT poraon of
upward Of $1,000 be presented to him tor pay-
backs OF tho t1snr Of 1878 or thc tssue o! snY da4s
since Aug. 20, 1HG0, which IL ths oflctal.dato ts
the end OF the War. Let tho party holding ths note
rotnao the tender and bring suit Let tfa tender
demltfcd To-. and tho recurd Of tho Wtoc case neen
not lake up two pages, and thus ratso the whole
question Of the right Of the Government In tsn1s OF
peacc to issus fcEal'tcndcr nntca M money.
lektAat re adjudication. and hope the Legislature
viii 80 lar ret out from under bankers and capitnl
sta as to adjudIcate that quHatfon tn tho btat in
tercsts OF the peopie aud for the prosperity Of tho
country. a" tru, '5onTs; sxx, 49,, = n,-,
Tho lion. s. H. c,lrrrzXpEN, House ot Iopro-
scntattEcs, D. G. :.