Monopolies -- United States; Railroads and state -- United States
It is true that notes issued by banks, both in England and America, were
then in circulation, and were used in exchanges, and in common speech
called money, and that bills of credit, issued both by congress and by
the states, had been recently in circulation under the same general
name; but these notes and bills were never regarded as real money, but
were always treated as its representatives only, and were described as
currency. The legal tender notes themselves do not purport to be
anything else than promises to pay money. They have been held to be
securities, and therefore exempt from state taxation; and the idea that
it was ever designed to make such notes a standard of value by the
framers of the constitution is wholly new. It seems to us impossible
that it could have been entertained. Its assertion seems to us to
ascribe folly to the framers of our fundamental law, and to contradict
the most conspicuous facts in our public history.
The power to coin money was a power to determine the fineness, weight,
and denominations of the metallic pieces by which values were to be
measured; and we do not perceive how this meaning can be extended
without doing violence to the very words of the constitution by imposing
on them a sense they were never intended to bear. This construction is
supported by contemporaneous and all subsequent action of the
legislature; by all the recorded utterances of statesmen and jurists,
and the unbroken tenor of judicial opinion until a very recent period,
when the excitement of the civil war led to the adoption, by many, of
different views.
The sense of the convention which framed the constitution is clear, from
the account given by Mr. Madison of what took place when the power to
emit bills of credit was stricken from the reported draft. He says
distinctly that he acquiesced in the motion to strike out, because the
government would not be disabled thereby from the use of public notes,
so far as they would be safe and proper, while it cut off the pretext
for a paper currency, and particularly for making the bills a tender
either for public or private debts. The whole discussion upon bills of
credit proves, beyond all possible question, that the convention
regarded the power to make notes a legal tender as absolutely excluded
from the constitution.
The papers of the Federalist, widely circulated, in favor of the
ratification of the constitution, discuss briefly the power to coin
money, as a power to fabricate metallic money, without a hint that any
power to fabricate money of any other description was given to congress;
and the views which it promulgated may be fairly regarded as the views
of those who voted for adoption.
Public-domain text, read in full here on John Shaqi.
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