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

the entire civilized world. Indeed. these
metals, divided up and thus stamped, al
ways have constituted money Win All
people having any civilization, from the
earliest periods In the history OF the world
down TO the resent time. IL was with
four hundred shekels OF silver current
money with the merchant mat Abraham
bought the field OF Machpeiah, nearly
four thousand years ago. This adoption
OF the precious metals as the subject OF
coinage-the material Of money by all
peoples in all ages OF the worid-has not
been the result OF any vagaries OF fancy,
but Is attributable TO the fact that they
OF all metals alone possess the pro-
pcriies that ara essential 10 a circulating
medium Of uniform value
COntemporaueous exposition is the best
evidence Of intention. Immediately after
the adoption o. the Constitution Congress,
by its act, showed what It understood
were the requirements Of these consu-
tutional provisions. II passed the act OF
the 9TH Of April, 1872. making the silver
dollar Of 81 IA grains the unit OF value.
and It made the gold eagle OF 81 IL
grains to be OF the value Of ten OF these
silver dollar units.
Mr.. Justice clifford. IN his opinion In
the above -refcrred-to cases. declared that
grant OF power under consideration, means
the coin Of gold and silver fabricated ana
stamped as required by law" Al page bl5.
quoting from Mr.. webster. he said: Con
gross has exercised the power fully IN
both its branches. 10 has coined money,
and stu coins it, {, has regulated the
value Of foreign coins and still regulates
their values The legal-tender, therefore.
the constitutional standard OF value, is
established and cannot be overthrown.
Beyond peradventure he was Of opinion
that gold ana silver. at rates fixed by
Congress, constituted the legal standard
OF value, and that neither Congress nor
the states had authority 10 establish amy
other standard in ITS place"
These constitutional provisions are as
follows:
Congress shall have power TO
coin money regulate the value thereof,
and Of foreign coin" Art. l., sec. s. sub.
| div. 5.
no state shall coin money. emit bills
OF credit make anything but gold and
silver tender in the payment OF debts
Art. L. sec. TO- sub div. i.
They are contained In the same article
OF the Constitution. they have reference
TO the same subject and. according 10
every rule Of construction. they are to be
taken and considered together I'm order
TO ascertain their meaning. To Congress
is given tho power 10 coin money from
the States ihis power Is TAKEN but in the
same breath tO the States IS given. or
they retain. The power and right to make
6Oid ana silver coin a tender In payment
or debts. Evidently and without refer
ence 10 the opinions OF distinguished
judges or other authorities the money
Wnich 'oneress was given power 10 coin.
IN section T. means the gold and silver.
coin mentioned I'm section 10.
The states. them having the right "to
make gold and silver coin" and nothing
else, " tender in payment OF debts"
ANA 'ongres5 alone having the power
% make that coin. can Congress deny TO
the states their right TO make gold aud
silver coin tender in payment Of debts"
by reinsing 10 coin silver into money! can
Congress rightly abdicate ignore. and re-
iuse TO exercise constitutional power
conferred upon 70 by The States I'm deoea-
ton or Their sovereiguty. when. by the
Same instrument. another right OF sove-
reignty, though partially restrained. is.
except as so restrained. reserved TO them
the right 20 provide what shall be. or that
gold and silver coin shall be the legel-
tender m The payment ~ debts and thus
by inevitable sequence deprive the states
Of this latter sovereign right and power
expressly reserved 10 them
When upon ID power given 10 one nar,,
10 covenant. @ right and mower 70
served 10 the other depends the former
party has no right by refusing 10 eyer
else his power 20 deprive the latter OF
his right and power.
is there any ONE bold enough 10 claim