The times. [volume] (Richmond, Va.) 1890-1903, 1894-06-24
CALLED A VILE ISLANDER
49, ,r,rrCr j. p. BRADLAf, IN An
~ UypUBLIsHED LETTER
x.,or J. II. Dooley, Terms the story Oh
His Appointment on Supreme nsn'" ~
Reverse Anti-Greenback Decision
Richmond. Va. June %, 1884.

Richmond, ' d. ou'i' 49,
Editor of the Richmond Times:
Nor sir.-After reading your edltoriai
=, ,ha naner OF the 22d instant, In winch
,,ou repeat the charge which mas Deen %
of,,r made. that Judges Bradley anu
strong were appointed by President "i"N'
m overrule the decision OF the ouPi e'"I
Court of the United States, In hepDu'"
,,s Criswold. or the Greenback cases. as
thew were generally called, l MINK 1t
,n,,h, he Of interest to the public 10 see
aIotter ON the subject which Judge bfdo-
lev wrote to me not long before MS uea'i'
I had. In my letter to senator D"ii'9'
concerning the payment Oh soiu 1,,o NM
tracts IN silver, alu1 G,H,. and Strong. in
n|nncctlon with the greenDdck casts aiIH
sent a copy OF my letter 70 JuueJ ,iShad
lty. This letter has u aver peeh P uDt,.S -;
W'hatever may nave been the motive OF
cims,.ai Grant in selecting these Two
gentlemen for the bench, X . haruiy Iatl
70 minute TO them any discredlt lor re-
yeAing Hepburn VS.. Grls"olu, ilds1ii ~ -
as the judges (eight ~ j., nuin1GIG ~ W.
cfrA. udge Field, concurred IN Jullldru w.
Gree1nan, 10 U. $, in aflrnlnS .ne
novaHof Congress TO make paper cur
rency tgal tende.'. Justice Gray az ~
cuage D. delivering the opinion sS OF 't no
cover the broadest claims that can ne
made By Congress in regard 10 o0i''0'
over the currency.
Very truly yours. ooOrry
1itchdeId Conn. September g. 1881.
James ii. Dooley, Esq, ,.A
Dear Sir.-Your communication, with
the printed article enclosed, is uuE re-
ceived, and the latter was reau Win
miicb interest Being far away from
hooks. | cannot now refer you 10 a case
precisely In point on the question you
suggest, though | imagine II is Wlthln
the general principle of the cases mat
have been decided. The Julllard case tlO9
or 10, L. :. Rep). opinion by Justice
Gray. was very sweeping In its reason
ing OF course. | express no decided
opinion on the subject, as 1t woulC not
be fitting to do so.
There Is one point In your printed ar
tice in which you are in error. l was
not appointed 10 reverse Hepburn VS..
GrisWOd. Ii 1 was, then Justice strong
was also. for we were nominated at the
same time, on the 7th Of February, 1870.
before the decision in Hepburn vs Girls
void was known The then Attorney
General Mr.. HOar. has shown that the
charge was absolutely false Nv appoint
ment had been under consideration for a
considerable period without any refer
ence to legal tender or any other ques-
ton. When Justice Greer resigned early
IN December, 1859 (the resignation to take
effect February lot. following. he strong
~ recommended my appointment 10 Presi-
mated for the purpose mentioned was
a vile Islander. instisated and dissemina-
ted by the gold party.
Yours very truly.
tSigneO JOSEPH p. BRADLEY.
eve cannot let this letter Of Justice
Bradley pass without word Of comment.
Justice Bradley would of course, insist
that he was not appointed 10 reverse the
decision In Hepburn vs. Griswold. but the |
fact is that he was appointed for that |
purpose all the same. and IT does not help |
his case any to say that II he was. so was |
Justice Strong for both wer..
The fact Of the case is that. as hap |
oened in the habeas corpus case that |
was 10 overthrow the reconstruction acts.
t got out that the court was going to
ieclare the legal tender act void. and
were accordingly taken 10 over
hrow the decision as soon as II should be
announced. 1t was in that interval that
Judge Bradleys name was under con-
Iteration.
In point Of fact. Strong. as Judge Of
he Supreme Court Of PENNSYLVANIA. had
delivered the opinion OF that court. hold
ng the act valid, and Bradley, as n law
er' had given written opinion. holding
hat Congress had power to make
reenback legal tender. Grant knew. there
ore who he was appointing, and what
heir opinions on this subject were The
ct Increasing the court was passed TO
leet the want that 1t was we'll known
'ould happen, and Strong and Bradley
ERE selected as the agents to carry out
s purpose.-Ed)
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