Chief Justice of The United States
In June 1864, Lincoln surprised Chase by accepting his third offer of resignation. The Republican Party had at that point already nominated Lincoln as its presidential candidate and the Treasury was in solid shape, so Lincoln no longer needed to keep Chase in the cabinet to forestall a challenge for the presidential nomination.
But to placate the Radical wing of the party, Lincoln mentioned Chase as a potential Supreme Court nominee. When Chief Justice Roger B. Taney died in October 1864, Lincoln named Chase to replace him. Lincoln issued the nomination on December 6, 1864. Chase was confirmed by the Senate that very day, and immediately received his commission, holding the office from 1864 until his own death in 1873. Chase was a complete change from the pro-slavery Taney; one of Chase's first acts as Chief Justice was to admit John Rock as the first African-American attorney to argue cases before the Supreme Court.
In his capacity as Chief Justice, Chase presided at the impeachment trial of President Andrew Johnson in 1868. Among his most important decisions while on the court were:
- Texas v. White (74 U.S. 700), 1869, in which he asserted that the Constitution provided for a permanent union, composed of indestructible states, while allowing some possibility of divisibility "through revolution, or through consent of the States";
- Veazie Banks v. Fenno (75 U.S 533), 1869, on banking legislation of the Civil War that imposed a 10% tax on state banknotes; and
- Hepburn v. Griswold (75 U.S. 603), 1870, which declared certain parts of the legal tender acts to be unconstitutional. When the legal tender decision was reversed after the appointment of new Justices, in 1871 and 1872 (Legal Tender Cases, 79 U.S. 457), Chase prepared a very able dissenting opinion.
Toward the end of his life he gradually drifted back toward his old Democratic allegiance, and made an unsuccessful effort to secure the Democratic nomination for the presidency in 1868. He "was passed over because of his stance in favor of voting rights for black men". In 1871, The New Departure policy of Ohio Democrat Clement Vallandigham was endorsed by Chase. He helped found the Liberal Republican Party in 1872, unsuccessfully seeking its presidential nomination. Chase was also a Freemason, active in the lodges of Midwestern society. He collaborated with John Purdue, the founder of Lafayette Bank and Purdue University. Eventually, JP Morgan Chase & Co. would purchase Purdue National Corporation of Lafayette, Indiana in 1984.
As early as 1868 Chase concluded that:
Congress was right in not limiting, by its reconstruction acts, the right of suffrage to whites; but wrong in the exclusion from suffrage of certain classes of citizens and all unable to take its prescribed retrospective oath, and wrong also in the establishment of despotic military governments for the States and in authorizing military commissions for the trial of civilians in time of peace. There should have been as little military government as possible; no military commissions; no classes excluded from suffrage; and no oath except one of faithful obedience and support to the Constitution and laws, and of sincere attachment to the constitutional Government of the United States.
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