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History of the Currency, 1848 - 1873 by Walter G. Watt, 1898

History of the Currency, 1848 - 1873 by Walter G. Watt, 1898, Page 29

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27. was made, which in this case was gold and silver coin. The second ground given for the unconstitutionality of the notes is found in that part of the fifth amendment where it says, "nor shall private property be taken for public use without just compensation." The third ground stated by the court is also found in the fifth amendment in the clause which provides, that no person shall be deprived of life, liberty, or property without due process of law. It is of interest to note the fact that it was Chief Jusice Chase who wrote the opinion of the court in Hepburn v Griswold. It would seem that Mr. Chase must have changed his opinion on the constitutionality of the legal tender notes in his transition of from the office of Secretary of the Treasury to that of Chief Justice. That there was such a change in his opinions, however, is not entirely certain. The issue of the legal tender notes in his own words was placed on the ground of "indispensable
 
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