Monopolies -- United States; Railroads and state -- United States
Fractional silver coins were somewhat reduced in value by the act of
February 21st, 1853, but the same act provided to the effect that the
silver coins issued in conformity thereto should not be a legal tender
for any sum exceeding five dollars, showing that the purpose of the
enactment was to prevent the fractional coins, so essential for daily
use, from being hoarded or otherwise withdrawn from circulation.
Suppose it be conceded, however, that the effect of that act was
slightly to debase the fractional silver coins struck and coined under
it, still it is quite clear that the amount was too inconsiderable to
furnish any solid argument against the proposition that the standard of
value in the United States was fixed by the constitution, and that such
was the understanding, both of the government and of the people of the
United States, for a period of more than seventy years from the time the
constitution was adopted and put in successful operation under the laws
of congress. Throughout that period the value of the money unit was
never diminished, and it remains to-day, in respect to value, what it
was when it was defined in the act establishing the mint, and it is safe
to affirm that no one of the changes made in the other coins, except
perhaps the fractional silver coins, ever extended one whit beyond the
appropriate limit of constitutional regulation.
Treasury notes, called United States notes, were authorized to be issued
by the act of February 25th, 1862, to the amount of $150,000,000, on the
credit of the United States, but they were not to bear interest, and
were to be made payable to bearer at the treasury. They were to be
issued by the secretary of the treasury, and the further provision was
that the notes so issued should be lawful money and legal tender in
payment of all debts, public and private, within the United States,
except duties on imports and interest upon bonds and notes of the United
States, which the act provides "shall be paid in coin." Subsequent acts
passed for a similar purpose also except "certificates of indebtedness
and of deposit," but it will not be necessary to refer specially to the
other acts, as the history of that legislation is fully given in the
prior decision of this court upon the same subject.
Strictly examined it is doubtful whether either of the cases before the
court present any such questions as those which have been discussed in
the opinion of the majority of the court just read; but suppose they do,
which is not admitted, it then becomes necessary to inquire in the first
place whether those questions are not closed by the recorded decisions
of this court. Two questions are examined in the opinion of the majority
of the court: (1.) Whether the legal tender acts are constitutional as
to contracts made before the acts were passed. (2.) Whether they are
valid if applied to contracts made since their passage.
Public-domain text, read in full here on John Shaqi.
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