The independent., 1903-06-04
BOOK 2.-Chapter Nv.
All Rights Reserved.

BOOK 2.-Chapter Nv.
Observing next that men by this
time began to receive by voluntary
agreement these certificates, in dis
charge of private obligations to each
| other requiring them to deliver yalu-
able commodities, and sometimes vol
| unfairly in satisfaction of judgments
rendered in cases of damages for tOrtS,
the next step taken by government,
X; crder &c further intensity the force
of demand for its certificates, is TO
enact law that no judgment of any
of its courts snould be satisfied by
any means, except by the presenta.
tiOn or tender" of such certificates
to the custodian of the Judgment, or
the officer holding an execution, and
compelling the judgment debtor, ar
whatever sacrifice, to procure these
certificates for that purpose.
Slowly and naturally in the pro-
cess of time, beginning with the is
suance to meet its own needs of
certificate to be given as guarantee
and inducement to taxpayer to pay
his taxes in advance, govern
ments have evolved thing endowed
with the exclusive power by it's
tender to satisfy both tax levies
and judgments. This thing, no mat
ter what may be it's form or upon
what substance impressed, is coin.
1t will be needful here to digress
little in order to consider the nature
OF what is called tender"
Many people have formed an erron-
eous opinion as to this power. It is
only ''in the public Offices and 'in
the courts" that the power of tender
is OF the smallest validity. No offers
OF payment, NO matter how pressing,
II made elsewhere and refused can
avail as a satisfaction. II you hold
my past due promissory note for $40,
it Is vain that l offer you outside
Of the courts an American gold
eagle and demand my note. Your re-
fusal in no way affects the validity
OF your claim. BY certain later stat.
utes and customs you may, by GER
tain acts OF refusal, lose your right to
recover usury and costs. But the Of
fer OF an eagle in the above case, out
side the courts and before judgment,
il refused, does not act as receipt
or in any way inyalidate your claim.
lou can still go into court and re.
cover a judgment.
There, in the court" / can present
the eagle and its tender in ''the
courts of the United States is a per-
emptory receipt and satisfaction Of
your claim-When it is merged into
Judgment. But before judgment no
tender of anything is or can be sat.
isfaction.
Every sovereign government has as.
sumed to have authority to declare
what article shall be peremptory re-
ceipt and conclusive evidence of pay
ment by its tender Gin the public
omces' against tax levies, and "ln
the courts against judgments. The
power. of tender" is operative no.
where else. 1t exists nowhere else.
Now 1t is remarkable fact t1at
while the states of this Union, which
possessed inherent sovereign powers.
granted to congress, which has no
inherent powers, the power to "coin''
our money" they neither granted the
power to fix the standard of money"
nor to declare what article or articles
shall be a tender" in ''the public
Offices or ''in the courts of the United
States" The power to coin money
was granted to congress and prohib-
tied to the states The states which
previously had power, no doubt, to
make anything they might choose a
tender in all payments are prohibited
by the constitution from making
anything but gold and silver coin"
a tender in payment of debts. But
while the states retained the power
to make gold and silver coin a ten
der in payment of all debts. the
United States was not granted the
power to make anything such tender,
Clearly no article is such tender by
any inherent power of it's own.
On the face of the matter as it
stands, therefore, there is no article
whatever which is a tender in paw,
ment of debts in this country, because
congress was not granted any power
to declare that anything shall be a
tender; and while each of the states
has retained the power to make "gold