The advocate and Topeka tribune., 1893-10-04

the subJeCb or currency and legal tender
laws. It has established che value Of GER
tain foreign coins at one time and changed
it at another; has made them a legal tender
in payment Of all debts, now BY weight and
then sgEin by tale; repealed such laws and
enacted them again, sometimes making
such coins legal tender in payment Of all
debte, and at other times limiting them TO
payment for public lands or for taxes and
debts; also making evidences of public
debt or stock of the United States q legal
tender in payment for public lands.
"We also see that congress has changed,
from time to time, the standard Of value Of
coins struck by our own mint, debased
them by altering the fineness and weight
and the relative value of gold and silver,
and making the debssed coins, as well as
those Of greatsr value not debased, equally
a legal tender for the payment Of all debts,
public and private, at Sheir respective NOM
inRl values"
Again, Davies, j., says on page 430:
"If congress can coin any metallic sub
stance, under che power to coin money, and
stamp it with an arbitrary value, az it is
conceded it may, then il follows, from the
practice Of the government and the rules
and principles enunCisted, that il can make
such stamped metal legal tender at any
designated value.
"IntrinsiO value Of thing stamped or
coined has nothing TO do with the question
of power. Such metals so STAMPED are not
issued or put in circulation on the faith or
credit Of the United States government, mo-
pledges made TO redeem them. and they
may possess little or no intrinsic value; yet
it is not denied chat such pieces of metal so
stamped or coined may be lawfully issued
and made a legal tender and thus become
lawful money of the United Sbates."
Again he says, on page 459:
"It is the lawful money of the United
States, made such by it's authority, that can
only be effeOtually used in payment of
debts without reference to the intrinsic
value Of the thing rendered or paid"
In the same case, Balloon, j., speaking Of
the same subject, on page 466, says;
"The fair inference from these facts is
that the states were prohibited by the con-
stitutioD from emitting bills Of credit or
making anything but gold and silver coin q
tender in payment of debts, and from coin
ing money in order 20 rid the country of
other circulating medium or currency
which had any intrinsic or legal value be-
yond the lines of the state that authorized
II, and 80 congress would provide a money
or currency that would be of value through.
put the union. And to enable congress TO
provide such a circulating medium for all
ordinary purposes, the power was expressly
,onferred TO coin money, regulate the
value thereof and of foreign cOins.'"
Again, he says, on page 472, in speaking
If the legal tender notes authorized By aot
If congress:
each $5 note issued under this aOt is
precisely Of the same value in legal con-
emplation as piece Of gold of the denOm-
nation Of S.. And if all citizens would
strictly observe this law as they should, any
person could obtain IS in gold, coin for one
# these notes at any place where such coin |
8 TO be had"
Wright, j., in the same case, and on page
80, uses this language:
"a treasury note Of the denomination Of |
10 is legally as valuable for the purpose Of
money as q coined eagle; the value Of each
5 fixed at $40, money of account"
Mr.. Justice Emmet, in this case, and on
,age 4S7, also says:
"Gold and silver coin and money are mot