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speech, and said: “You evidently believe in the legal correctness of your opinion?”
“ Certainly.”
“( Can this question be brought before the Supreme Court?”
“ Certainly.”
“If it can, will you present the matter from your standpoint?”
“ I will.”
“ How can it be done?”
he asked.
“ Let an amount of merchandise,” said I, “be bought by A payable, according to the custom of the trade, in thirty days. The transaction must exceed in value five thousand dollars to go to the Supreme Court for jurisdiction.
Let A when the debt is due procure greenbacks issued from the treasury since the war under act of Congress, so as to get rid of the question whether issuing of greenbacks is constitutional as a war measure, because if it is constitutional in time of peace, it certainly would be in time of war. Let him make a tender legal in form of such notes, in payment of the just claim of B. Let B refuse the tender as not legal, not being made in constitutional money, and bring a suit against A in the circuit court of the United States for the amount of his claim.
Let A answer his tender of greenbacks as his sole defence in the suit of B. Let B demur to to that answer, and that will raise the question, and the single question.”
“ And will you defend the suit?”
I said: “It is better that I should not. I certainly shall not in the circuit court, but I will see that it is properly defended in the Supreme Court without charge to anyone, and you had better gather the best talent you can to argue your side of the question in the Supreme Court.”
“ Whom would you suggest?”
“I would suggest that you get Senator Edmunds, if you can.”
The suit was brought, and the steps which I suggested were taken in it. The judge of the circuit court overruled the demurrer.
The suit was taken to the Supreme Court of the United States.
I assisted in preparing the brief upon which it was presented, but I did not argue the case before the court for I desired to divest the case of all political complexion.
It was a long time before it could be argued before that court, for
A. M. Thayer and Co. 1892.
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