Monopolies -- United States; Railroads and state -- United States
And here it is well enough again to say that we do not question the
authority to issue notes or to fit them for a circulating medium, or to
promote their circulation by providing for their receipt in payment of
debts to the government, and for redemption either in coin or in bonds;
in short, to adapt them to use as currency. Nor do we question the
lawfulness of contracts stipulating for payment in such notes, or the
propriety of enforcing the performance of such contracts by holding the
tender of such currency, according to their terms, sufficient. The
question is, Has congress power to make the notes of the government,
redeemable or irredeemable, a legal tender without contract and against
the will of the person to whom they are tendered? In considering this
question we assume as a fundamental proposition that it is the duty of
every government to establish a standard of value. The necessity of such
a standard is indeed universally acknowledged. Without it the
transactions of society would become impossible. All measures, whether
of extent, or weight, or value, must have certain proportions of that
which they are intended to measure. The unit of extent must have certain
definite length, the unit of weight certain definite gravity, and the
unit of value certain definite value. These units, multiplied or
subdivided, supply the standards by which all measures are properly
made. The selection, therefore, by the common consent of all nations, of
gold and silver as the standard of value was natural, or, more
correctly speaking, inevitable. For whatever definitions of value
political economists may have given, they all agree that gold and silver
have more value in proportion to weight and size, and are less subject
to loss by wear or abrasion than any other material capable of easy
subdivision and impression, and that their value changes less and by
slower degrees, through considerable periods of time, than that of any
other substance which could be used for the same purpose. And these are
qualities indispensable to the convenient use of the standard required.
In the construction of the constitutional grant of power to establish a
standard of value, _every presumption_ is, therefore, against that which
would authorize the adoption of any other materials than those
sanctioned by universal consent.
But the terms of the only express grant in the constitution of power to
establish such a standard leave little room for presumptions. The power
conferred is the power to coin money, and these words must be understood
as they were used at the time the constitution was adopted. And we have
been referred to no authority which at that time defined coining
otherwise than as minting or stamping metals for money; or money
otherwise than as metal coined for the purposes of commerce. These are
the words of Johnson, whose great dictionary contains no reference to
money of paper.
Public-domain text, read in full here on John Shaqi.
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