The Forgotten Man, and Other EssaysSumner, William Graham
Science
The Forgotten Man, and Other Essays
Sumner, William Graham
Economics; Social sciences
(3) A legal tender law has been used very often, however, to give
forced circulation to a depreciated currency of little or no value
as a commodity. In that case the legal tender act enables the debtor
to discharge his obligations with less commodities than he and the
creditor understood and expected when the contract was made. If the
creditor appeals to the courts, they are obliged to rule that the
debtor has discharged his obligation, when he has not, and they give
the creditor no relief. Hence it appears that a legal tender act giving
forced circulation to depreciated currency amounts simply to this: it
withdraws the protection of the courts from one party to a contract,
and leaves him at the mercy of the other party to the extent of the
depreciation of the currency. Obviously no other act of legislation
more completely reverses the whole proper object of legislation,
or more thoroughly subverts civil order. The English passed two or
three acts of this nature, although they were not specifically
acts for making banknotes legal tender, during the bank suspension
at the beginning of this century. It would have been interesting to
see what English courts would have made of an act which reversed the
whole spirit of English law by diminishing the rights of one party
under a contract, and which made the courts an instrument for his
oppression instead of an institution to provide a remedy, but no
case came up. The twelve judges on appeal overturned the sentence of
a man convicted of buying and selling gold at a premium. Some few
persons demanded and obtained gold payments throughout the suspension
but the paper circulation was really sustained by public opinion and
consent, it being believed that the bank suspension was necessary.
This form of legal tender, therefore, is totally different from that
first described. I call it, for the sake of discrimination, a forced
circulation. When a legal tender act giving forced circulation to
a depreciated currency is first passed, if it applies to existing
contracts it transfers a percentage of all capital engaged in credit
operations from the creditor to the debtor. In its subsequent action it
subjects either party to the fluctuations which may occur in the forced
circulation, robbing first one and then another. Hence the debtor
interest is that the depreciation once begun shall go on steadily,
because any recovery would rob debtors as creditors were robbed in the
first place.
Having disposed of these two points I now take up the question I
proposed at the outset: Is a concurrent circulation of gold and silver
possible under an international coinage union?
Public-domain text, read in full here on John Shaqi.
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