, 1877-07-12
SILVER AND GOLD TIE ONLY con-
sT1TUTIDT.AL LEG tAL-TENDE1t.


OrTAwA, ILL.,, July 1o.-Among tho numerous
AEtsclea in regard 10 the tIlvcr question: and tho
reconciliation Of silver. which have taken np 70
much space In TIC papers OF late, see no mention
Of one ranch Of the subject, which, TO my uuind
II Of special importance.
1s not silver, under tho Constitution OF the
Uu!tcL staies, . iegAl.tendcs: and ha4 Congress
power 10 dcmonetlze III ia'er that golt and sI'-
yer, and tbeec txo metals only, werc moneT. and
lawful.tcndes.. BY tho common law Of England.
That common Inv was, io this re.rect- brought To
this country BIZ onF ancestors. and by foree Of 1t,
aud without the aid OF s!atntes. gold and silver
became money md lawfal-tcndcs In = case de-
cldel In 1870. In South Carciina, ,-NeCiaF1a rs.
.StsbaA (4Sott d. Nettord. col. .. poGt 61o). tho
Court tay. "That prior to The date Of the Cons.i-
tniDn Of The United statcs," except for q certxin
i,me when paper vas made a tender, "thc only
le:nf.tcndess In tlla State vert gold and
comnlsn law" Tie sane cnurt e.ya: raj cnru-.
mon law &. ln'siiatsa, 577> only gold and *l,es
After the act lot South Caru1tnsi forhddin. papcr,
gold ai,l silver iccans such"
Royal psoc!sn.at.on, followed soon Gy eouarna.
tory oct of Parliament !17u71. asIn: the rates at
thefuforJ; but this proc iunalton and a<t Ind al
tho statutes Of the Connce axing tho rate vt which
sGa sd :,e. ssns ;nosla IT.
silver were money and lswful-tsnder. Coke. In
the institutes. paso ia. says: "No subject ean
payments, any moncy .nals, lhut only Of lawful
metal. that ts, Of silver or gold"
0esl sua silver were The money Of England at
framed.
Ii WA not only IN England. frou, which onr com
gold and silver were teeugnizcA ~ money.
The French toust of Tnrsot. dcanit!on OF money: !:
entity e al conventions md a!l Law"
in the case oi u siartn r.. ,e,bltt. ,,e,e,otors
81 sas u ie a q Is n
only been intTuated with Tie po"ss ai eolo.aa that
In one Of ule lcgaj-tc ca.es t1s Ha''at<>,
Clifford. Judge. sayx: "Moncy. 10 Tho eonrtltu-
t!ounl aenrs means coins Of goIa and slirer" The
mo"sy o s setas value fsbesfea }." lie pieeos ,
sat s ussd 70. ~. tho time
II the tame 'c9al.tent'er cars. Field, j., said:
"The Inhibition npnn the States TO caln money.
III payment Of dchtr. mast he read In conucctIun
With tho grant o. the coinage power to fonGErss.
The framets ef the Constitution were consldsrins
entire tnIon. xhsn these provisions. WIRE insert
ed: and ii II plain they Intended by them that me-.
thlic COINS. fabricated ty the National Govern.
,ncnt, or, adopted from abrusd bY iss authority.
ccpotssd "a Sf !hs gr:S'o.' ttot'. should every
Agsip. In thcse annu legai-tcntler catea Clifford.
j., says: "FsrY strons doubts are entertained
whether N net OF Congstsa i& absolutely nereA.ary
e son''ss the Go!a ana ,ll,er olnt Of tc En,sl
proper Executive ot!ccss af tie Hint. legal ten.
der in payment Of dcbts constituted ~ puch coins
are by thu Gon.sltuton The standard af value. Thn
better 6jin!on would seem to BY. that they btcomc
legal cnles for that purpose, II ntuteu OF the re-.
1uircd weight and tntncss"
The Constttutiun, recognising tho fact that tho
power to Mnku legal. .tenders " In The States. tni
pnses ftffA, and not upon COnsrrAs, the rro-
hhtttn that nothing but gold sna stlrer shall 10
made !ends.. etc. To conEresst Il ftses onI{ tho
Mr.. Webster, In speech made In ths tniied
States Senate. Dre, II, ls:',. .ars: "Most M.
quettionahly there Il no 1sGat-tSndes, and there
can b. no lcgal-Indcs, In this country. but gold
fureIsa cofna at rates regulated by tougsess. This
IL . Constitutional principle. perfectly plain. and
Of ths very highest Importance. Tbs States are
expressly prohibited from making anythtng but
gold anl silver tenle! n payment oi debts; snd,
grcsa Ii eIpFcas terms, ycl Congress has no power
Erantei to Il In falls Ft,P<et but 10 eoH money and
regulate tho yalue Of foreign eotns. TIE legal.
tchdHr, therefore, tho constitutional staadurd o.
f'.4hf 4 al b. cannot ... ns :asSss
! hn rs,I: II An certainly Of opinion. then TINT
gold and silver. At Eatcs a1r,l W C4ngFcAt, con.
sttute the egA! standard of taluea In this country
snd lhat ans6tr CunqFtts, NOR any state, hds 1a-
Morisy 70 stfa.itfh any ofAt' ''a"dard. or to III.
havo here given TOW onty Of the many author.
itics bearing os, this subject. II you hlnk them Vi
sufficient importance, please pabt.sA. i. W. II.