Seventeen Talks on the Banking Question: Between Uncle Sam and Mr. Farmer, Mr. Banker, Mr. Lawyer, Mr. Laboringman, Mr. Merchant, Mr. ManufacturerFowler, Charles N. (Charles Newell)
History
Seventeen Talks on the Banking Question: Between Uncle Sam and Mr. Farmer, Mr. Banker, Mr. Lawyer, Mr. Laboringman, Mr. Merchant, Mr. Manufacturer
Fowler, Charles N. (Charles Newell)
Banks and banking -- United States; Currency question -- United States
"Nothing is wanted to the perfect strength of the truth, that the
constitution put an end to paper money in all the United States and
in all the several states.... 'No suggestion of the existence of a
power to make paper a legal tender can be found in the legislative
history of the country. Had such a power lurked in the Constitution,
as constructed by those who ordained and administered it, we should
find it so recorded. The occasion for referring to it has repeatedly
arisen; and had such a power existed, it would have been recognized and
acted on. It is hardly too much to say, therefore, that the uniform and
universal judgment of statesmen, jurists, and lawyers has denied the
constitutional right of Congress to make paper a legal tender for debts
to any extent whatever.'"
Thomas Jefferson's opinion: "The Federal Government--I deny their power
to make paper a legal tender."
MR. BANKER: Now, Mr. Lawyer, you undoubtedly with all your profession
will recognize Daniel Webster as the greatest expounder of the
Constitution. I want you to read what he says and then my case will be
closed on the constitutional right and authority of the Government to
issue paper money.
MR. LAWYER: I will gladly do so. "Most unquestionably there is no legal
tender, and there can be no legal tender, in this country, under the
authority of this Government or any other, but gold and silver, either
the coinage of our own mints, or foreign coins, at rates regulated by
Congress. This is a constitutional principle, perfectly plain, and
of the very highest importance. The states are expressly prohibited
from making anything but gold and silver a tender in payment of debts;
and although no such express prohibition is applied to Congress, yet
as Congress has no power granted to it, in this respect, but to coin
money and to regulate the value of foreign coins, it clearly has no
power to substitute paper, or anything else, for coin, as a tender in
payment of debts and in discharge of contracts. Congress has exercised
this power, fully, in both its branches. It has coined money, and
still coins it; it has regulated the value of foreign coins, and still
regulates their value. The legal tender, therefore, the constitutional
standard of value is established and cannot be overthrown. To overthrow
it would shake the whole system. The constitutional tender is the thing
to be preserved, and it ought to be preserved sacredly, under all
circumstances."
MR. MERCHANT: Well, Mr. Lawyer, what do you really think about the
constitutional question now?
Public-domain text, read in full here on John Shaqi.
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