Monopolies -- United States; Railroads and state -- United States
Indeed, legal tender notes have
become the universal measure of values. If now, by our decision, it be
established that their debts and obligations can be discharged only in
gold coin; if, contrary to the expectations of all parties to these
contracts, legal tender notes are rendered unavailable, the government
has become an instrument of the grossest injustice, and debtors are
loaded with an obligation it was never intended they should assume. A
large percentage is added to every debt, and such must become the demand
for gold to satisfy contracts, that ruinous sacrifices, general
distress, and bankruptcy, may be expected. These consequences are too
obvious to admit of question. And there is no well-founded distinction
to be made between the constitutional validity of an act of congress
declaring treasury notes a legal tender for debts contracted after its
passage, and that of an act making them a legal tender for the discharge
of all debts, as well those incurred before as those made after its
enactment. There may be a difference in the effects produced by the acts
and in the hardship of their operation; but in both cases the
fundamental question, that which tests the validity of the legislation,
is, Can congress constitutionally give to treasury notes the character
and qualities of money? Can such notes be constituted a legitimate
circulating medium having a defined legal value? If they can, then such
notes must be available to fulfil all contracts (not expressed by
exception) in money, without reference to the time when the contract was
made."
Public-domain text, read in full here on John Shaqi.
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