The independent., 1903-06-11
BOOK 2.-Chapter v.
Ali Rights Reserved.

BOOK 2.-ChaDter V.
When a government issues its GER
tificates stamped with the money
symbol, and makes those certificates
express truly the quantity OF value
actually received in exchange for
them by that government, and makes
them transferable by delivery, and
conclusive proof of payment, and a
peremptory -eipt by tender
against tax levies "in the public Of
fees" and against judgments III the
courts" that government does there
by "coin" it's 'money'-and in thus
exercising the power to coin money
it exercises the power OF taxation.
A certificate thus endowed has pow
.er to perform every beneficial service
for man 'ia the public offices and in
the courts of the United States" tnat
a gold coin can perform-no matter
how fiimsy may be the material upon
which it is coined.
OF side of those offices and courts,
neither gold coin nor any other
thing has any power as conclusive
proof of payment, as receipt by its
tender, except rs that power is con-
ferred upon it by statute. Outside OF
the satisfaction by tender, or tax lev
les and judgments "in the public Off
ces and in the courts" every payment
of obligation of every nature is a
tary transaction and rests.
like exchanges, upon the agreement OF
the parties.
And let it be noted that this stat
utory power to perform a statutory
service beneficial to men, constitutes
the Utility ,.nd the only util-
ity of COIN and is the power men
struggle to obtain dominion over; and
the resulting expenditure of human
energy in that competitive struggle for
their possession, produces the force Il
demand for coin which maintains
their statutory valuation"
But when such ertl-cates, whether
stamped as damnable and iniquit-
Gus falsehood upon some favorite's
private gold (for which government
received nothing) or a truthful ac-
acknowledgement of the receipt by the
government OF the quantity of value
expressed upon it's face (as on a
"greenback"), are presented to the
custodian of tax levy or judgment,
"in the public Offices and in the
COURTS" such tender" conclusively
proves that payment of the tax levy
or Judgment had already been once
made, and, without any agreement
with anybody, satisfies and cancels
the claim. Unlike exchanges and vol
untary payments it does not rest upon
agreement or contract.
1t is not coins, nor diamonds, nor
silver, nor gold, which thus pays these
claims. The tender Of such certificates
in those two places is the authorita-
tive and conclusive declaration of the
government that the bearer had al
ready paid that amount to the gov
ernment as taxes in advance of any
tax levy; and whether tax levy Or
judgment, that government is its Gus
todian, and having already received
from the bearer the g .antity of value
expressed, compels the creditor to ac-
cept the means of satisfying tax lev
ies-or nothing-in the case of the
judgment; and accepts it as receipt
and conclusive proof of payment in
the case of the tx levy.
Outside the public offices and courts
the power of tender does not ex-
ist. In those two places it's power is
absolute and arbitrary.
A certificate of the character we are
dealing with j. the only real coin.
1t is mere question cf evidence, over
the sufficiency of which the power of
government is absolute 1t is con-
elusive receipt for value" presumed
to have been paid by the bearer in
taxes advanced to government in it's
hour of need.
Every litigant who goes into court
submits himself to it's jurisdiction and
is mpelled to accept it's ad-
judication--or nothing. The govern
ment having by statute endowed it's
certificates of advance payment Of
taxes with exclusive power to per-
form beneficial statutory service for
man, (the performance of which is ur-
gent and universally required by stat
ute, and which is likewise beneficial
to the government) assumes the right
to compel those, ose claims it en-
forces, to accept those coins" as d
substitute and in satisfaction for their
claims, in return for compelling the
debtor to so satisfy them.
And this is not inequitable, because
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