The New York herald., 1879-03-12
THE GREAT TEST CASE
Has Congress the Power to Make Legal
Tender of Paper Money?
VIEWS OF PROMINENT JURISTS.
A Majority of Them Answer the
Question Negatively.

legal gentlemen of prominence to obtain their views
in regard to the legal tender test to be brought
before the United States Supreme Court, as agreed
upon between General ButleN and Representative g.
| B. Chittenden. of Brooklyn. Mr.. David Dudley
Field found at his private Office in Pine street
and readily conversed on the subject
HAS Congress the constitutional right, in your
| opinion. MIR. Field to make paper money legal
| tender in time of peace?" asked the writer.
"No, it has not" was the reply.
REpoRrER-Do you think that made up in
the suggested by 1Iessrs Chittenden and
Butler will readily command the attention of the SUI
preme Court of the United States?
| Mr.. FIEIp-The New York Code provided in 1s4S
that parties to question in difference might agree
upon a and present it to court for adjudica-
tion. The section bearing on this you copy for
| yourself. Here it is:-
Parties to question in difference which might he the
subject Of siy action may w.hGut action upon
pends and present submission Of the same to any court
brought But appear by affidavit that the contro
sc ssa o ars T E'sS 5 %
ment thereon as II an action depending
rosssIBLE DIFFICULTIES.
''You will Observe" continued Mr.. Field. 'that 1t
must appear by athdavt that the proceeding is In
good faith to determine the rightssof the parties
If such is brought before the courts in this
State. and judgment upon appeal is given by the
Court of Appeals. that be brought before tho
Supreme Court of the United States. That Court
decided some years ago in Rochester case. which
went up from this State that it should be heard by
the Supreme Court. Notwithstanding that the objec
ton was taken that it was not a real suit The
difficulty, If there be any in the present lies in
this, that the parties may not be able to make
affidavit that the controversy is real In the present
state OF the currency it would be rather tho sub
mission Of an abstract question OF than matter
of any pecuniary interest for the greenback being
now equal to gold it cannot be OF any interest
to anybody whether he has the the other.
Therefore do not answer without qualification
tn. Supreme court Of the United S States '
REpoRrER-ls it not best for the wclfareof the
whole country to have this bone Of contention re-
moved from the field OF politics
THE QUESTION REoPENED.
Mr.. FIELD-No doubt it is a matter Of great inn
decide abstract political questions They
situted to decide contentious between parties and
will dismiss the You must remember. also.
that the question out OF politics once by
solemn decision OF the supreme Court declaring that
notes legal tender for debts. and that this decision
was reopened by General Grant putting two
judges on the bench and his Attorney
General. Mr.. Aoar. going into the court and
insisting. upon q reargument OF the ques-
would have been saved the agitation respecting the
of Congress to authorize legal tender notes 1t
should never be forgotten all the distraction Of
politics this subject, since the time when the
Supreme Court decided that Congress could not make
government paper tender for any debt have arisen
from of President Grant and his Attorney
| General In saying this wish to be understood
making no refection upon either of the two judges
thus put into the Court for wish always to express
great respect for them but the act of the Executive
in contrving to upset rthing after the question
decided must be condemned by every lover Of the
dery administration Of justice and the tranquility of
| LAWYER Kxox's VIEWS.
Mr.. Henry f. Knox, of the law firm of Fullerton,
AS tx he hopsh Il the Court ~oI
take cognizance OF the proposed case said "only If
"Do you think Congress has the power to make
| legal tenders of paper money in time OF peacer
Eat first blush" said Mr.. Knox, II would say that
an opinion, have not carefully looked into the
matter. am in favor. however. Of having this
troublesome question settled forever aud that ut the
earliest practicable moment"
A JUDGE KEEP SILENT.
One of the judges of the United States Court
| readily granted the reporter interview at his
chambers in the now Post Office and said that if the
case brought by General Butler and Congressman
Chittenden were not fictitious one the Supreme
| Court would readily adjudicate upon it. ''But
don't want my name quoted in connection with this
REpoRrER-Do you think that Congress has really
the power to make legal tender Of paper money?
| ton. as the matter may come up before me in my
INTERVIEW WITH MR. vAxpERpoEL
Referring to the legal tender test about to be
made up, Mr.. Aaron j. Vanderpoel said:"It is not
different from any case made up for our Now York
courts and submitted to them for adjudication.
suppose it will be in the form of an ordinary law
| suit, and that the lawyers will beforehand agree
| EEpoRTER-Do you think that Congress has the
| power to make legal tender Of paper money?
Mr.. VANDKRPoEL-1 don't think 1t has the right
to do it, have always looked at the constitutional
side of the question, and don't think that the found
ers OF the Governments ever contemplated anything
opinion that Congress has tho right to "con" money
out of silver and gold, but not to make it out of
that Jlrr@1n h.1f.
And yet there may be another question connection
with this matter which is whether the government
can assume such additional power or not. That may
change my views upon the subject. but us yet have
| not heard of it.
| SEKD NOT GO TO THE STATE COURTS
REpogTER--Are you in favor OF having the ques
ton adjudicated upon?
Mr.. vANpEnroEL-I was very glad when saw that
1t would be presented to the court of highest resort
Ii ought to he got rid OF and driven out OF politics
| before the next Presidential election There il
necessity for going before our State courts first with
this The suit be brought by actizen of New
Jersey against citizen of New York-t be taken
at once ii need be before Judge Blatchford-but IL
not it certainly be brought the United states
Circuit Court. which will be In session in this city
in June, and either Judge Strong or the Chief JUS
tce will then preside. by writ OF error it can be
taken at once from the Circuit Court to the Supreme
Court OF the United States. They have power there
habit of doing with every other case OF importance
The case can be reached In Washington during the
fall term probably early rs October of this year.
ISTERvIvw WITH SECRETARY EvARrs' PARTNER.
Mr.. Joseph IL. Choate law partner of Secretary Of
case. expressed opinion that Mr. chittenden and
General Butler will bring no fictitious, but real
case. ''Such case is easily to be had" said NIr
Choase. suppose Mr.. Chittenden or anybody
else owing $1,000 debt tenders green
| backs for that debt and pays 1t in court,
the party to whom tho money is due can
| say. IL he SO pleases. this is money;
this s no legal tender; want gold. Now, IL Is of
no use to say that man can 20 around the corner
and get the gold for grecnbacks; no You for New
| York Central Railroad shares. but still that don't
constitute them legal tender The moment party
refuses TO accept the 5000 In greenbacks in paw
ment OF debt duo him. that there is u case
OF which the courts must take cogniAnce"
. "Do you think the decision Of this case by the
Supreme Court will stop the pickering In Congress
| and tinkering with the currency question:
| Not bit of 1t. Tho thing has been de-
cided before by the supreme Court. first one way,
then another 1t did not stop the agitation of the
currency question either In outside of Congress-
| Politicians live and thrive by agitating Just
such questions, and II this matter Is