Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 22

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 22

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: any exigency, paper like bank paper, so secured as that it shall be voluntarily circulated as currency by the people; they receiving it, not by compulsion, but freely, through confidence that its final redemption is certain and near. That question is not before us. Treasury notes might thus circulate without legislative compulsion. ' A further view of the question, in brief. The Constitution declares that Congress shall have power "to coin money, regulate the value thereof, and of foreign coin;" and that "no State shall coin money, or makeanything but gold and silver coin a tender in payment of debts." Now, the power is no where expressly given to Congress to make even coin a legal tender, but the prohibition to the States to make anything but gold and silver such tender, goes upon the assumption that the power over the subject of legal tender is possessed by the States; see Hopkins v. Jones, post, p310; and the Constitution restricts them to two articles, either or both of which they may make thus; and the general gov ernment has not the power to make anything a legal tender except as an incident to the power to coin. It is, perhaps, a fair incident to the expressly delegated power to make money of coin, to make the thing coined as money a legal tender in transactions within the sphere of legislation by Congress, but certainly nothing beyond that thing; for that would be drawing a second incident from a first; hanging an incident upon an incident, which certainly, we think, could not be done. State the argument. Congress has express power to make money out of coin. Incident, perhaps, thereto; to make such coin a legal tender. Can we now, with ashow of reason, add that incident to the doubtful incident of more

Product details

  • Paperback | 192 pages
  • 189 x 246 x 10mm | 354g
  • United States
  • English
  • black & white illustrations
  • 1236988574
  • 9781236988577