Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-11-17
LEGAL.TENDER NOTES IN COURT

In the United States Circuit Court for the Eastern Dis
irct of Pennsylvania, Thursday last-Judges GRrER
and CADwALADER on the benchan opinion was delivered
10 the Of the Philadelphia and Reading Railroad Com
pany vs. Charles Moulson ct al, which before the
Court 10 the shape Of bill 10 equity compel the defend
ants to accept ezngushment Of the principal Of certain
ground rents the amount of $500 000 the legal tender
notes of the United States The was argued few
days ago The opinion Of Judge GRIER, we End it 10
the Philadelphia age" is as follows:
Coined money, 10 modern times forms but very email
lion OF the current money used in commercial trsnsac
tOns Paper money representing credit long been used
current and lawful money But one could be com.
PEELED to accep the pronse Of bank to pay money
Of the coin itself The note, of the Bank of the limited
states issued under the authority the Government were
current money aud lawful money, because issued by such
authority but were never made legal teude for the pay
ment of debt.
contract made in the United States for the payment
OF certain number of dollars would construed as mean
ing not Prussan dollars Spanish mIled dollars but
lawful cola the United States The addition of the de-
sorpnon lawful money Of the Uniled States b entirely
supeIupus and does not change the of the oos
ton. The statutes Of Congress always take distinction
between lawful current money that which shall be
tender for ment Of debts Hence we End that when
such the intention, the language And shall legal
tender" orc.
some IONS Of the Government are legal tender bsloz
a certain amount but not beyond Thus by act OF 9th
February 1893, alter tho expiration tnree years all
foreign coins except Spanish mod dollars shall cease TO
be legal tender BY act Of April, 1906, foreign gold
and silver coins shall pass current money within the
United States and be legal tender for the payment of
all debts Pc at the several and respective follow
ing, &C. Again, by act of 2Sth June, 1884, the follow
ing gold coins shall pass money aud be reeova
bic in all payments by gh at the following rates. &C.
Hence find that n all whore other money than
the coinage Of the United States ordered to be received as
lawful money, the statute carefully provides
the rate aud conditions under which they made legal
tender for payment of debts. 1t is clear therefore, that
Congress has always observed the distinction between cur
Iauf uhi mav ha
OF debts if the creditor fit accept IT, aud that which
he may be compelled to accept legal tender II IL
clear ALSO that if Congress make any other thing than
their coin legal tender, it may be used m such
Thus, in the act authorizing the National Banks their
made legal tender for certain debt. due TO the
Government for taxes Sc but not for debts due from
one citizen 10 another.
The treasury notes made lawful or current money
"and legal tender for debts" &c. as between ind-
vduals AS this is the first act in which this high prero
gave OF sovereignty been exercised it should be CON
stued strictly Ii s doubtful n policy and dangerous
precedent.
The only question then ia whether this case comes with
IN the letter Of the statute IL the money which mag be
paid to eInguish groundren within the category OF the
act lis it debt The of the land 10 not bound
TO pay it, The owner of the compel him to
pay y There no obligation ss between the parties It
of the parties without the consent OF the other
may his bond to me voluntarily, but unless
accept it he does not become my debtor.
these groundrent in the nature OF rent service ara
somewhat peculiar to Pennsylyania and little known in
other States But the Supreme Court OF the State has
clearly settled and 1ne nature The cases
rent service (say the Court 10 Bosler vs. Kuhn--S
Watts Sergeant 1867 is not debt, and covenant to
pay it is not covenant to paya DEBT The annual pay
meuts spring into existence and for the first time become
debts when they are demsndablep F# 80
Of opinion therefore, that the tender offered bv
the bill IN this case not authorized by the statute and
that the respondents cannot be compelled to exnsush
their estate ia the land by such tender "a that no
The bill must therefore, be dismissed,