Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1879-03-22
ARE GREENBAOKS A LEGAL TEN
DER2

Eastern republicans are getting tired
of greeni'acks. and want to abolish
them. This will make money scarcer
and easier for them 10 control. 1t will
also leave larger field Tor national
banks, which are, perhaps. urging Tor.
ward the movement. We find the lol-
lowing in the St. Louis Republican Of
the 10th inst: S''.si 81. :. Do
It's a matter Of large interest to ev-
eryb0dy that the unsettled question
whether congress has The right to reis-
sue Xreenbacks in time OF peace should
be submitted to the supreme court for
adjudication, and there W i'll be gratific;i-
tim over the information that test case
will soon be brought 5beture the court.
lhls will bs by all agreement between
Mr.. .. b. Chittenden. member of con-
gress Tor the Brooklyn N. ~ district,
and Gen. Benjamin f. Butler, each gem
tlelnan agreeing to bear the Gusts and
other expenses on his side incurred in
carrying case through the lower courts
and up to and through the supreme
c.urt The correspondence on the sub-
ject between MIR Chitlenden and Gen.
Butler forms an agreement t0 tud
real case in which debtor shall have
offered to his creditor. citizen Of u dlf.
ierent state, pay nlent of a debt in green:
backs Vi date since August, 1866. which
Is the officially declared date ol the close
OF the war. The creditor IS to refuse
payment and bring suit, and thereupon
Mr.. Chittenden will bind himself to
bear the expenses Ot the crefitor. and
Gen. Butler ON his side to defend and
defray The costs OF the debtor he assert
ing the right of the government to issue
legal tender paper money ut all times.
Gen. Butler means to argue the case
himself. Senator Edmunis, o Vermont,
and Mr. William Allen Butler. of New
York, will manage the case for MIR. Chit
tenden. Respecting the method ut max
ing up the case Gen. Butler made this
suggestion: Let u note Of any person
Of upward OF $4,000 be presented to
him for payment. Let him tender there
for payment in greenbacks OF the issue
OF 1873. or the issue OF any date since
August ~. 1866, which is the official
date ot the eud OF the war. Let the
party holding the note refuse the tender
and bring suit. Let the tender be
pleaded. state what it was and, let that
plea OF tender be demurred to. and the
record OF the whole-cass need not take
up two pages, aud thus raise the whole
question OF the right OF the government,
in time OF peace. to issue legal-tender
notes or money. .-.
Mr. Chittenden says that the currency
debates during the first and second ses.
sions of the forty fifth congress convinc-
ed him that nothing short of constitu.
tional restraint will save the country
from continued and excessive issues OF
legai-tenders in the future, anu that it
is hopeless to expect the next congress
to relieve the country from this great
peril to its renewed prosperity. In his
opinion there is thus necessity Tor
bringing the question 10 the final test
under the constitution. by cases on
which the suple eme court will be COM
pelled to decide whether legal-tender
paper money in time OF peacs is con>ti.
tutional. In seeking to bring such a
case before The coults, AIR Chitienden
says he thought it best to seek Tor a
prominent believer in legal tender
notes to support that side. It will be
seen that Gen. Butter Handsomely
shoulders the responsibility OF the legal.
tender side Of the question.