The herald., 1896-12-07
SENATOR c. T. HOAR
DEFENDS THE DEAD
Against the Attacks Made
by Politicians I
THE SUPREME COURT NOT PhCkEf
To Secure Reversal of Legal
Tender Decision
SIMPLY A VILE SLANDER
Which Became Current ID Circles Net
Well Informed
Judges We're Chosen Solely BY Reasen =
Qualifications
-aTise
Ex-Ofi1cials Who Could Not Possibly
Tell Lie Insist That the Late
Judges Financial Opinions
SIMPLY A VILE sLANDER
Which Became Current ID Circles Net
Well Informed
Judges We're Chosen Solely by Reasen q
Qualifications
Ex-Off1cials Who Could Not PossitiX
Tell a Lie Insist That the Late
Judges Financial Opinions
Were Unknown.
Associated Press specia, yyIrs


WORCESTER, Mass, Dec. 6-Senato1
George F. Hoar has written q long let.
ter defending his brother, the late e. r.
Hoar, ATTORNEY general in the Grant cab
met, from attacks made during the re.
cent presidential campaign. Mr.. HoaA
says in explanation of the letter:
About fortnight before the election.
when on my way to a dinner of the Nor
folk club, I read in a morning paper that
Mr.. Fairchild, formerly secretary Of the
treasury, had repeated in speech be-
fore the Reform club, the statement oft
contradicted that the supreme court 81
the United States had been packed to re-
verse the decision in Hepburn VS.. Girls.
void, in which the court held the legs
tender act unconstitutional
AT the dinner few hours later =
criticised this statement as being as Wis
a slander as ever was uttered upon the
stump. I do not suppose that Mr.. Fair
child was aware of the falsehood Of the
charge that he endorses. He only made
the too common mistake Of adopting
without investigation an error which
had become current in regard to the
fact in political history"
After entering into the details con.
cerning the matter and quoting literally
| from the records, Senator Hoar makes
+! public two letters just received from
| two members of the cabinet OF President
Grant. Senator Hoar says in this con-
| nection II have received this letter
from Gov Cox. He was then secretary
of the interior in Grants cabinet He
dwelt in the same house with Attorney
General Hoar during the summer unta
the session of congress on the first cf
December, 1869, and was the judges in
innate personal friend. He would have
known of this matter If it had been
known, as a member Of the cabinet and
from his familiarity with Judge Hoar.
This is the letter:
CINCINNATI, o., November 6, 1885,
My Dear Senator Hoar: In reply to yours
of the Sd inst. 1 will say that have all
ways regarded the charge that the SUI
preme court was packed to reverse the
legal tender decision in the Hepburn va.
Griswold case, as one of the most curt-
Gus instances of declaring unwarranted
conclusion from a mere coincidence.
When I originally heard the assertions
made / carefully reflected, to see wheth-
er / could recall any fact that sustained
it. l could not. Every incident pertain
ing to the appointment OF judges to I'LL
tlit NdCdUCleS Was, DIS IdT DIS Illy T6COllSC-
tion could reach, exactly what high
minded men would wish, exactly what
all who knew Judge Hoar would expect
from an attorney general having his
high regard for public duty. I can recall
some discussion of the character and
qualities of Judges Strong and BraAlet
among members of the cabinet, but nak
a single word of reference to their opin.
ions on the legal tender question or =
any case pending or likely to be pendin4
in the supreme court. Nothing could b
palmer than that the attorney general
was earnestly determined to recommend
only such men as combined the qualities
of able lawyers with those of perfectly
pure. sngleminded and upright citi-
zens. When the nominations were made
we felt that just such men had been se-
lected.
II am the more sure that would have
been quick to notice anything inconsist-
ent, with the good purpose have de-
scr1bed, because, as matter of fact
my personal convictions were then and
are still that the opinion of Chief JUS
tice Chase in Hepburn VS.. Griswold, as
we'll as in the subsequent legal tender
cases, so-called, was the better one in
law, and a sounder one in craftsmanship
as well as a solid barrier against all
forms of fictitious or fiat" money.
zone of your brothers strongest
claims to public reverence as departed
worthy, in my Judgment is the unchang-
ing adherence to the highest possible
rule of action in Sitting and selecting
judicial nominations as attorny-gen-
eral and this was most noticeable as it
would be when the positions to be filled
were the highest
Faithfully yours.
"J. D. cox"
Governor Cox resigned his place IN
the cabinet not long after this transac-
ton. stating in a public letter his rea-
sons for resignipg. that he had not been
| duly supported by the president in his
| attempts TO protect the rights of the
| United States against fraud. 1t Is abso-
/ lutely Incredible. and I do not believe
| that any man in the country will sug-
f; gest that Gov. Cox would have forgotten
| such transaction or that he would have
screened it from public condemnation.
| "I also have letter from Governor
! Boutwell,, formerly secretary Of the
treasury. I believe he and Governor
| Cox are the only surviving members ~
that cabinet.
"GRAFTON. Nov s. 1S96-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 tho
year 1870 the supreme court was pack&1
by President Grant for the purpose IL
reversing the legal tender decision In ~ 4
case of Hepburn VS.. Griswold, and tn
when the names OF lAessr. etrong -