Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1838-07-07

.. all duties and fees TO be collected shall
d payable in money Of the United States, {
;. liz foreign gold and silver coins, at the Il,
lowing rates, that is to say: the gold coin
Of Great Britain and Portugal, OF the star
dard prior 10 the year one thousand scye
r hundred and ninety-two, at tho rate Of on
/ hundred cents for every twenty-seve
| grains OF the actual weight thereof; tn
gold coins of France, Spain, and the do
mlnlons OF Spain, Of the standard prior +
the year one thousand seven hundred an,
J nInety-two, at the rate of one hundred
cents Ter every twenty seven grains anc
lwo-fiiths Of grain Of the actual weigh
thereof; Spanish milled dollars, ut the rate
oi one hundred cents for each dollar. the
actual weight whereof shall not be less
Than seventeen pennyweighrs and seven
grains, and in proportion for the parts of a
dollar; crowns OF France at the rate of one
hundred add ten cents for each crown, the
actual weight whereof shall moi be less
than eighteen pennyweights aud seventeen
grams and in proportion liS the parts of
a crown: PROVIDED, That no foreign coins
shall be receivable, which are not, by law,
a tender for the payment of all debts, ex.
cept IN consequence Of proclamation of
the President Of the United States, author
Izlng such foreign coin to be received in
payment of the duties and fees Aforesaid
by an act passed on the 9th day Of Feb
ruary, 1898, entitled "An act regulating
foreign coins, aud for other purposes" it
IS provided that the foreign coins above
particularly named shall pass current,
"as money!" within the United States, and
be tender in payment of debts at the
rates above specified, which explains the
provision of the section; but what is the
true legal construction of the terms ''mon-
sy u the United StateS," used in the first
part OF the section, may require some ex-
animation.
On the ed day of April, 1893, an act
vas passed, entitled Gan act establishing
mint, and regulating the coins of the Uni. {
ed States" This act made the first pro- !
Islon for our national coinage and for our
atlonal coin. lis provisions are numer-
us, but II is sufficient for the present pur-
ose to say OF them that they designate :
lie coins OF gold, silver, and copper, 10 be d
Oned at the mint, being the same desig- u
atoms which the coins the United States Il
Ill bear; that they regulate the value Of o
lie coins; and that the 10Th section is in II
lie following words: a
"Sec. is. And be il further egacied, That a =:
| the gold and silver coins which shall !,
ave been struck at, and issued from, the u
nd mint, shall be lawful tender in all ="
ayments whatsoever; those offull weight, Y
;cordlng to the respective values herein =
'iore declared; and those of less than II
III weight, at values proportiOned to their r'
'sPective weights" p'
The Constitution gives TO Congress the "a "a
'wer TO ''coln money, regulate the value I'll
ereoi, and of forei gn coin;" and the two eS
It's last referred TO are an exercise OF that IN
'wer; the latter providing for coming or o.,
oney by means or a Mint OF the United VI
ates, and regulating the value of the mo. ga
y SO to be coined; and the former regu. INT
ling the value OF fnreign coin. This M
wer Is exclusive 10 Congress, as the TN
of the United States express. 10
prohibits the States from coming mon
. What, then, is ''the money ofthe Uni. .er
States here intended?" In the opin. Wv
OF the committee, it is the coin of the Pu
lted States; the product of the Mint OF W.
United States; the money coin d by the
lhority of Congress. In this opinion Re.
y do not suppose II possible they can be An
'taken. The construction seems to them Sec
clear TO admit Of argument or question, her
c collocaiion of the words "money of ure
United States as used in the section as
he act of 1899, above quoted, would or :
m to confirm this, as the construction pay
ended TO be given TO these words by Con. ted
IS, in the passage of that law. Tile Uni
vision is, 'that all duties and fees TO BIZ Oft
ecled, shall be payable in money of the pro
led States, or in foreign gold and SiI- viii
coinS;" thus, as it would seem to the IN
lmlt'ee, contemplating a currency of Stat
al only, and using the words which are tIetI
4, 10 distinguish between the coinage take
ur own country and foreign coinage. becc
mas been seen that, pr or to the pas said
OF this law, the revenue from Gus. othe
was by law, colectable in gold and ted 5
or coin, or in the bills or notes of The the
k Of the United States. If the con. Of b
cilon which the commtte have piyen dem
70 to this act of 1899 be correct, the Unit
or notes we're excluded by ii from the =
'ctlons OF the revenue from customs, EXT
much as the ll2th section of the act IN