Readings in Money and Banking: Selected and AdaptedPhillips, Chester Arthur
General
Readings in Money and Banking: Selected and Adapted
Phillips, Chester Arthur
Banks and banking; Banks and banking -- United States; Money
Explanation has been given of the principles according to which
legal-tender laws should be applied, if at all. It is not wholly clear
that there is any reason for their existence. It may now be well to
indicate briefly the origin of legal-tender provisions. It can scarcely
be doubted that their use arose from the desire of defaulting monarchs
to ease their indebtedness by forcing upon creditors a debased coinage.
Having possession of the mints, the right of coinage vesting in the
lord, the rulers of previous centuries have covered the pages of history
with the records of successive debasements of the money of account. The
legal-tender enactment was the instrument by which the full payment of
debts was evaded. There would have been no reason for debasing coins, if
they could not be forced upon unwilling creditors. It is, therefore,
strange indeed that, in imitation of monarchical morals of a past day,
republican countries should have thought it a wise policy to clothe
depreciated money with a nominal value for paying debts. Although the
people are now sovereign, they should not embrace the vices of mediaeval
sovereignty for their own dishonest gain in scaling debts.
FOOTNOTES:
[5] _Report of the Monetary Commission of the Indianapolis Convention_,
pp. 131-7. The Hollenbeck Press, Indianapolis, 1900.
[6] "A contract payable in money generally is, undoubtedly, payable in
any kind of money made by law legal tender, at the option of the debtor
at the time of payment. He contracts simply to pay so much money, and
creates a debt pure and simple; and by paying what the law says is money
his contract is performed. But, if he agrees to pay in gold coin, it is
not an agreement to pay money simply, but to pay or deliver a specific
kind of money and nothing else; and the payment in any other is not a
fulfilment of the contract according to its terms or the intention of
the parties." 25 California 564, Carpenter _vs._ Atherton.
[7] For a contrary view, see Joseph French Johnson, _Money and
Currency_, Chapter 13.--EDITOR.
CHAPTER V
THE GREENBACKS
THE GREENBACK ISSUES
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