The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-14


OF fact. my personal convictions then
ere. anu sfii. are. that the opinion of
Chief Justice Chase in Hepburn VS..
Griswold- as well as in the subsequent
legal tender cases. so called. was the
better one in law, and sounder one in
craftsmanship. as well as a solder
barrier against all forms of fictitious
or fiat money.
One of your brothers strongest
claims to public reverence as de
parted worthy. in my Judgment, is the
exchanging adherence TO the highest
possible rule of action in sitting and
selecting judicial nominations as at
torney-general. and this was most
noticea BILE. as II should be, when the
positions to be filed were the highest
Faithfully yours.
]. d. cox.
The letter from ex-Secretary Bout
we'll is as follows:
Grafton. Nov. g. 1896.
My Dear Sir:-My answer to your
letter of the 3rd of this month must
be by negative statements rather than
by affirmative assertions. The charge
to which you call my attention is this;
That in the year 1870 the supreme
court was packed by President Grant
for the purpose of reversing the legal
tender decision in the case of Hepburn
VS.. Griswold. and that when the
names of Messrs. Strong and Bradley
we're sent to the senate. Feb. !. 1917,
the nature of the decision in the above
named case. although it had not been
announced from the bench. was known
10 the president and cabinet
| was a member of General Grants
cabinet at the time mentioned. and
was present at one or more CABINET
meetings when the subject was con-
sidered, and when opinions were ex-
pressed as to the fitness of Messrs-
Strong and Bradley for the vacant
places upon the bench of the supreme
court. The legal tender controversy
was not spoken of. nor in any man
ner referred to by the president or by
any member of the cabinet.
Indeed, the conversat ion was limited.
Strong and Bradley were then, without
controversy, at the head of the pro-
fession in the state of Pennsylvania,
New Jersey, Maryland and Delaware.
At that time there was 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 considered.
Since the controversy was opened,
the statement has been made that
Judge Strong had recognized the con-
stitutionahty of the legal tender law in
court of Pennsylvania. [ cannot say
whether that fact was known to the
president. or TO any member of the
cabinet, but there was no reference to
the opinion of either Strong or Bradley
Very truly.
GEORGE S. BOUTWELL,.
To the Hon. George f. Hoar, Worces-
ter, Mass.
Against these should be placed what
Hugh McCulloch, who had been sec
rotary of the treasury under Andrew
Johnson, and who left the treasury
just before the first legal tender case
came up, says in his Men and Meas
ures of Half a Century,
This decision (the first legal tender
case Hepburn VS.. Griswold) was I'M
favorably received by the administra-
ton, and it was especially offensive
to the great railroad companies whose
bonds were executed prior to Feb. %
1862, inaSmuch as it made the Drin-
cipal and interest of their bonds pay
able in coin. The second legal tender
case (Knox VS., Lee, and Parker VS..
Davis was decided in December, 1870,
the courts then consisting of nine
judges; the place of Judge Grier, who
had resigned, having been filled by the
appointment of Judge Strong. and
Judge Bradley having been appointed
under an act which took effect in De-
cember, 1859, increasing the number of
justices to nine. II was no secret, in
deed it was matter of public no.
toriety. that these justices were ap-
pointed in order that the previous de-
cision might be reversed. No one who
knew them doubted their integrity or
perfect fitness for the
places they were called to fill; but
their opinions in regard to the con-
OF the legal tender acts
had been clearly and publicly ex-
pressed, and to this fact their appoint
ment was attributed. 1t was therefore
pretty well known what the decision
would be when the question was again
presented.
Johnson, in his American Politics."
speaking of this very case. saws: I'm
March, 1870. after the complexion of the
court had been changed by the APP
pointment of two new justices, the
legal tender question was again in
troduced in another case. and the
previous decision was reversed by the
votes of the two new justices"
The popular impression is and al
ways has heen.- possibly always will
be, that the United States supreme
court was packed" to use the COM
mon phrase. that the greenbacks might
be declared money within the meaning
Of the constitution. The controversy
now being on, all light possible should
ba r1nou II