The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-10-21

cage platform OF packing the supreme
court TO in this manner secure decisions
favorable TO proposed Pcpulist.c legisia-
ton. which legislation. II Is admitted.
would be declared unconstitutional by
that tribunal as 1t Is now constituted. has
Rad few defenders among any except the
NOS, rab.d Populists OF the Tillrnan stripe
Of reYolutonists- The few apolog!sts for
the proposed infamy can End NO better
ground for their approval of the proposed
measure than Is contained in the half
hearted explanation. which IN itself con-
tains an infamcusiy false charge, that the
Republican party IN lis early history At
one time increased the membership Of the
supreme cour. for the purpose Of In this
manner securing . reversal OF the decision
made by that tribunal holding the legal
tender tgreenbackl statutes to be uncon-
stitutional. as far IS they affected con-
tracts made prior to the passage OF those
acts.
The facts cut OF which an attempt has
been made to cloud the record Of the su-
preme court OF the United States. and
throw discredit upon the Republican
party. are simply these: The court made
a decision denying the right Of debtor
10 pay in greenbacks . debt contracted
prior to the date Of the law providing for
the issuance OF such currency. Afterwards
the court made q contrary decision In an
other case. holding that in the absence OF
a specific contract TO pay IN coin. payment
in lawful money Of the United States was
sufficient to discharge the debt, and be-
tween the times OF rendering the two de-
cisions the number Of justices constitute
ing the court was increased by two men,
bers. who were appointed by President
Grant.
From this general statement 1t is argued
that the congress of the United States and
President Grant. actuated by sinister
motive. obtained a decision Of an impor-
tsnt question contrary 10 the law as 1t
had been declared by the court. by resort
ing 10 the method of packing the court.
as Candidate Bryan and the allied parties
are now threatening to do.
The charge is absolutely false, and the
faisity thereof is made transparent by
supplying dates and matters of detail
which the traducers of our government
are always careful TO conceal. The case
OF Hepburn VS.. Griswoid, Wall. sos in
which Chief Justice Chase wrote the op.n-
ION holding that greenbscks were not legal
tender, al par. for debts antedating the
greenback law. was argued before the su-
preme court at time when that court
consisted OF the chief justice and seven
associate justices. There were several ar
guments and rearguments, but the case
was finally submitted TO the court Deem
Der 10. 1859. and the decision was an
nounced February Z. 1870. o.. s. Supreme
Court Rep. Lawyers cooperative edition,
book IL. p. $50
December Is 1870. Associate Justice
GrIer rendered his resignation. TO take ef-
feet the following February. and Edwin
II. Stanton was appointed to be his sue
cessor. but he died before taking the oath
OF Office. leaving a vacancy to be filed at
the time the decision was rendered. On
the 10Th OF April, 1869. congress passed an
act authorizing the appointment OF one
~SN'>N~~fs.A@
total membership OF the court 10 consist
OF the chief Justice and eight associates.
so that there were two appointments for
President Grant TO make. one 10 fill a va
cancy caused by the resignation OF a
member OF the court. who was too old 10
be OF further service. and the other pur-
suant TO a law enacted ten months before
~ At IT, = l.. tn
pointments were made on February 7. 1870,
the very DAY on which the memorable
opinion OF Chief Justice Chase was first
made public. and the new justices selected
by President Grant were Joseph r. Brad
icy and william Strong. men who were
never the tools OF any administration;
men who. in their day. stood p-e-eminent
In their profession. AS a member OF the
supreme court OF Pennsylvania. Mr. Jus
tlce Strong had already become known
and recognized SIS one OF the ahlest jurlsts
in the United States. and he was President
. Lncoln's first choice for tho Once OF chief
Justice when Chief Justice fancy died In
the light Of his record as a member OF the
supreme court. Mr.. Justice Bradley Will
ever re FeEdFIFl as ore or the most
learned ard pure men who have ever been
members OF the court. II Is prepos;erous
% assume that ca he very day the de-
olsion was announced President Grant
coEsunmated a scheme to reverse Il by
placing those men upon the bench. and
especially when there was no reason under
heaven Why re or the Republican party
should wisA % interfere with the deserml-
nation OF The eoar, in the lega! tender
cases
The opinion OF tire majority OF ne eour,
in Hepburn vs. Grlswela conceded with
decisions Of The supreme courts o. two
states. while the contrary doctrine pre-
vailed IN fifteen states
These facts can readily ~ authenti-
cAtea by an examination % the dates
when the Two decisions were rendered. 10
- tcund or the shelves ot alnos; any
lawyer IN pvac;sce. and BY concurrent
reference 10 any biographical sketch o.
TIE Judges named. which VII give the
dates % ther respective appoln trnents. or
,As facts co.ls,ed can te found Sc; forth
IN The foe; note 70 page 40 81 Cavson's Ais-
tory &C tire United states supreme court
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