Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1896-12-07

attorney general in the Giant cabinet, from
attacks made during the recent presidential
campaign. Mr. Hoar says in explanation
Of the letter: About a fortnigh - re
the election, when on my way to aSr her
OF the Norfolk club, l read In y mn Ming
paper that Mr. Fairchild, fcrmerI Hseere,ary
OF the treasury, had repeated speech
before the Reform club, thcf often
contradicteG that the supre the
United States had been psU reverse
the decision In Hepburn against Griswold
in which the court held the legal tender act
unconstitutional At the dinner a few
hours later, l criticised this statement as
being as vile Islander as ever was uttered
upon the stump. | do not suppose that
Mr.. Fairchid was aware OF the falsehood
of the charge that he endorsed He only
made the too common mistake of adopting
without investigation an error which had
become current in regard to a fact of po-
litical history"
After entering into details concerning the
matter and quoting literally from the rec
ords Senator Hoar makes public two let
tiers Just received from two OF the men,
bers of the cabinet OF President Grant.
Says Senator Hoar in this connection: ~
have received this letter ASrom Governor
Cox. He was then secretary OF the in
terror in Grants cabinet Ait dwelt in the
same house with Adorned General Hsas
during the summer until the meeting OF
was the judges intimate personal friend.
He would have known OF sis matter II 1t
had been known, both as a member of the
cabinet and from his familiarity with Judge
Hoar. Here is the letter:
CINCINNATI, Nov. G. 1S96.-My Dear SEN
ator Hoar: In reply to yours of the Sd in
slant | would say that i have always re-
garded the, charge that. the supreme court
clsion in Hepburn versus Griswold as one
of the most curious instances of declaring
coincidence. When 1 originally heard the
assertions made | carefully reflected to see
whether could uia recall any fact that sus
tanning to the appointment of judge to
fill the vacancy was, so far as my recollec-
men would wish, exactly what ali liz who knew
general having his high ideals OF public
duty
can recall some discussion of the char
acter and qualities of Judges Strong and
Bradley among members Of the cabinet, but
not single word of reference to their opin-
ions on the legal tender question or to any
supreme court. Nothing could be palmer
than that the attorney general was earn
estly determined to recnnrhend only such
men as combined the qualities of able law
yers with those of perfectly pure, single
minded and upright citizens. When the
nominations were made. we felt that just
such men had been selected. am the more
sure mat would have been quick to notice
ANYTHING Inconsistent with the goor pur-
of fact my personal convictions then We're
and still are that the opinion of Chief JUS
well as in the subsequent legal tender cases,
so-called was the better one in law, and
solid barrier against all forms of fictitious
or fiat money. One of your brothers
strongest claims to public reverence as
changing adherence to me highest possible
rule of action in sitting ana selecting judicial
Was mos note s as Il should be w fnls
the. positions to be filed were the highest.
Faithfully yours, q j. ID. cox.
Governor Cox resigned his. place in the
cabinet not long after this transaction,
stating in a public letter his reasons for
resigning, that he had rot been duly sup
ported by the president in his attempts to
protect the rights of. United States
against fraud. 1t is absolutely incredible,
and l do not believe that any man in the
country will suggest. that Governor Cox
would have forgotten saoh o. transaction or
that he would have screened it from public
condemnation
II also have a letter from Governor Bout
well, formerly secretary Of the treasury. |
believe he and Governor Cox are the sur
viving members of that cabinet. He writes:
GRAFTON, Nov. 5, 1S6-My Dear Sir:
My answer to your letter Of the Sd of this
rather than by affirmative assertions. The
charge to which you cali my attention is
this That in, the year 1870 the supreme
L
the purpose of reversing the legal tender
decision In the case of Hepburn against
Griswold, and that when the names of
Messrs Strong and Bradley were sent to
the senate in February, 1870, the nature
of the decision in the above named case,
although 1t had not been announced from
the bench, was known to the president
and cabinet.
l was a member of General Grants cab
met at the time mentioned and / was pres
ent at one or more cabinet meetings when
the subject was considered and when opin-
ions were expressed as to the fitness of
Messrs. Strong and Bradley for the va
preme court. The legal tender controversy
ferred to by the president nor by any men,
ton was limited. Strong and Bradley were
the profession in the states of Pennsyl-
vania, New Jersey, Maryland and Della
ware. At that time there was a justice
on the bench from New England, one from
New York and one from the Pacific coast
and four from the central states of the
west. AT that time the south was not con-
sidered
Since the controversy was opened the
has been made that Judge Strong
had recognized the constitutionality of the
legal tender law in his place judge of
the supreme court of Pennsylvania. / can
not say whether that fact was known to
the president or to any member of the cab |
met, but there was no reference to the
opinion of either Strong or Bradley. Very
trulV GJrORC,E g ROIITWET Il