The times. [volume] (Richmond, Va.) 1890-1903, 1896-07-29


nrevont Congress coming gold alone for
the general purposes or money ana SILVER
for subsidiary money only
Mr.. Petit has construed the Constitu-
ton according 70 the lawyers rule In
constituting deeds and wills, when they
insist that the intention of the maker or
the instrument Is TO be ascertaned by
giving effect TO every word in IT. And
we have followed the same course IN an
swcring him, In order to show that even
though that narrow and technical con-
struction be given TO the Constitution
stln. no such command as Mr. Petit
insists on can be imputed 10 the Constr
tuition We have met technical construc-
ton Of words with technical construc-
ton and the result is that no com
mand TO coin both gold and silver into
legal-tender money can be inferred from
the words used in the Constitution.
But Mr. Petit treats the case from
wrong standpoint. a constitution IS not
to be construed. as we construe q VIII or
q deed A constitution Is a sta .ement OF
the broad foundation principles that the
superstructure OF government is TO be
built upon, and the purposes TO be effec-
tuated are TO be ascertained not from It's
language alone but from the situation OF
the country at the time the Constitution
was framed. We learn this from the
history OF the period.
Now we know that prior 10 and during
the Revolutionary war the States, each for
itself. issued great quantities of paper
money which were. in many cases, made
legal tender in payment Of debts All this
money went TO the dogs. and the whole
country acquired such a disgust for the
thing that the trainers Of the Constitn-
ton determined they would make il I'M
possible for the States ever again to curse
the country with paper money. While
prohibiting the States TO issue that, they
at the same time put prohibitions upon
them TO do other things that experience
had shown they ought not TO have power
10 do They accordingly incorporated
this provision in the Constituencies
mo state shall enter into any treaty,
alliance or confederation. grant letters
OF marque and reprsal, coin money, emit
bills OF credit. make anything but Eoiu
and silver coin a tender in payment of
debts: pass any bill of attainder, eX post
factO law or .aw lmpairings the Obhga-
ton of contracts or grant any title Oh
nobility"
Now it is perfectly plain that the
trainers Of the Constitution had nothing In
mind here but the prohibitions that
were to be put upon the states. They
were not dealing with what Congress might
or might not do but with what the states
should not do. That alone was the sub
ject in hand And they intended to say
that whatever Congress might DO IN pro-
viding the money system that had been
committed to its hands. the States should
make no more deluSiye money. If they
treated the subject OF money at all they
must condne their provisions for legal
tender money 10 gold and silver. This
becomes stlll clearer when we consider
the provision OF the instrumnt that re-
qates TO money. IL is very brief and
entirely 10 the point. 1t IS that Congress
shall have power TO coin money, regulate
the value. thereof. and of foreign coin"
This is every word that the Constitution
contains upon the subject OF money.
Now. when this provision is taken in
connection with the other one we have
quotede it is perfectly evident that what
was meant was ti's: The money OF the
country is to be metallic money. and Con
gress alone is TO have the power 10 coin
it. SO that the money of the nation may
be uniform. But experience has taught
us that there are d number of things
the States should be forbidden 20 DO. and
one Of them IS that they should be for
hidden TO make anything a legal tender
for debt except gold and silver But
Congress shall coin that gold and silver
or any other metal IN such quantities
Of each as IT sees III. That is the plain
meaning OF the Constitution. and when
ever an artificial construction, sucn as
Mr.. Petit suggests, IS brought forward
fl can always be met with another or
other artificial constructions like those we
have set out that hullify it,
Nor would Mr. Peturs artncial con-
structon be Of any sort or advantage
to the real position which he intended 10
assume by the language in his first letter
that we commented on. What Mr.. Petit
meant there was that Congress was un-
der an obligation to coin all the gold ana
SILVER that was brought 10 the mints into
fun legal-tender money. He meant what
he said as an argument for the free
coinage of silver. =
But If his construction or the Consti-
tuition was correct and Congress was re-
quired ~ 1t to coin both GOLD and silver
that the States might have those coins
TO make legal tender OF. sim. as we have
already remarked. there would be nothing
ia it that required the free coinage OF
silver. The requirement would be met
by Congress coming all the gold into the
general money OF account. and only so
much silver as was required Tor sub
sidiary coinage Mr.. Pottts construction
OF the Constitution is Of no advantage
whatever. therefore, TO the real object
that he has In view.
The quotations he has mads from the
opinions OF Justices rIeiG ana CnHord
have no relation 10 the question in hand.
flho.e opinions were delivered IN tns
legal-tender cases and were addressed 10