Cyclopedia of Law volume 2

Cover Cyclopedia of Law volume 2
Cyclopedia of Law volume 2
Charles E Charles Erehart Chadman
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LEGAL TENDER CASES. 65 If they can, then such notes must be available to fulfill all con- tracts (not expressly excepted) solvable in money, without ref- erence to the time when the contracts were made. Hence it is not strange that those who hold the legal tender acts unconstitu- tional when applied to contracts made before February, 1862, find themselves compelled also to hold that the acts are invalid as to debts created after that time, and to hold that both classes of debts alike can be dis
...charged only by gold and silver coin.
The consequences of which we have spoken, serious as they are, must be accepted, if there is a clear incompatibility between the Constitution and the legal tender acts. But we are unwilling to precipitate them upon the country unless such an incompati- bility plainly appears. A decent respect for a co-ordinate branch of the government demands that the judiciary should presume, until the contrary is clearly shown, that there has been no transgression of power by Congress — all the members of which act under the obligation of an oath of fidelity to the Con- stitution.


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