Reminiscences of Sixty Years in Public Affairs, Vol. 2Boutwell, George S. (George Sewall)
History
Reminiscences of Sixty Years in Public Affairs, Vol. 2
Boutwell, George S. (George Sewall)
Boutwell, George S. (George Sewall), 1818-1905; United States -- Politics and government
As to myself, I had never accepted the original decision as sound law
under the Constitution, nor as a wise public policy, if there had
been no Constitution. By the decision the Government was shorn of a
part of its financial means of defence in an exigency. When the
Supreme Court had reached a conclusion, Chief Justice Chase called
upon me and informed me of that fact, about two weeks in advance of
the delivery of the opinion. He gave as a reason his apprehension of
serious financial difficulties due to a demand for gold by the
creditor class. Not sharing in that apprehension, I said: "The
business men are all debtors as well as creditors, and they cannot
engage in a struggle over gold payments, and the small class of
creditors who are not also debtors will not venture upon a policy in
which they must suffer ultimately." The decision did not cause a
ripple in the finances of the country.
Pursuing the conversation, I asked the Chief Justice where he found
authority in the Constitution for the issue of non-legal-tender
currency. He answered in the power to borrow money and in the power
given to Congress to provide for the "general welfare of the United
States." I then said, having in mind the opinion in the case of
MacCulloch and Maryland, in which the court held that where a power
was given to Congress, its exercise was a matter of discretion unless
a limitation could be found in the Constitution: "Where do you find
a limitation to the power to borrow money by any means that to Congress
may appear wise?" The Chief Justice was unable to specify a
limitation, and the question remains unanswered to this day.
When the case of Hepburn and Griswold was overruled in the Legal Tender
cases, the Chief Justice was very much disturbed, and with the
exhibition of considerable feeling, he said: "Why did you consent to
the appointment of judges to overrule me?" I assured him that there
was no personal feeling on the part of the President, and that as to
my own unimportant part in the business, he had known from the time of
our interview in regard to the former action of the court that I
entertained the opinion that the decision operated as a limitation of
the constitutional powers of Congress and that its full and final
recognition might prove injurious to the country whenever all its
resources should be required. At the time of the reversal, the Chief
Justice did not conceal his dissatisfaction with his life and labors
on the bench, and at the interview last mentioned he said that he
should be glad to exchange positions with me, if it were possible to
make the exchange.
Public-domain text, read in full here on John Shaqi.
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