Juilliard v. Greenman | |
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Submitted January 22, 1884 Decided March 3, 1884 | |
Full case name | Juilliard v. Greenman |
Citations | 110 U.S. 421 ( more ) 4 S. Ct. 122; 28 L. Ed. 204; 1884 U.S. LEXIS 1712 |
Holding | |
The Legal Tender Acts are constitutional and apply in peacetime. | |
Court membership | |
| |
Case opinions | |
Majority | Gray, joined by Waite, Miller, Bradley, Harlan, Woods, Matthews, Blatchford |
Dissent | Field |
Juilliard v. Greenman, 110 U.S. 421 (1884), was a Supreme Court of the United States case in which issuance of greenbacks as legal tender in peacetime was challenged. The Legal Tender Acts of 1862 and 1863 were upheld.
Augustus D. Juilliard sold and delivered 100 bales of cotton to Thomas S. Greenman [1] for $5,122.90. Greenman tendered $5,100 in United States legal tender notes and the rest in coin, but Juilliard would not accept the U.S. notes. The tendered notes were originally issued under an act of Congress passed on February 25, 1862, and March 3, 1863, during the Civil War. An act of May 31, 1878 provided to "forbid the further retirement of United States legal tender notes."
In an 8–1 decision resting largely on prior court cases, particularly the jointly-decided cases Knox v. Lee (1871) and Parker v. Davis (1871), [2] the power "of making the notes of the United States a legal tender in payment of private debts" was interpreted as "included in the power to borrow money and to provide a national currency".
Justice Field dissented, challenging the court's interpretation of the terms to "borrow" and to "coin" money.
He explained that the term to borrow money was well settled in other instruments, such as municipal and corporate bonds and private contracts. He contended that allowing the government to make their notes legal tender would interfere with third-party contractual obligations, as third parties would be compelled by law to accept notes instead of coin. He argued that a private corporate bond could not require an amusement park to accept the bond in exchange for entry. To find that the term to borrow money as written in the Constitution, according to him, would allow interference in third-party contracts and improve the value of the note, but it would deviate from the meaning of the term "to borrow money".
He asserted that the meaning of the terms "to coin money" was certain: "It is to mould metallic substances into forms convenient for circulation and to stamp them with the impress of the government." He argued that in the clause authorizing Congress "to provide for the punishment of counterfeiting the securities and current coin of the United States," a distinction was clearly made between debt and coin.
He also cited many quotes by the founders against paper money, including the following by James Madison: "The pretext for paper currency, and particularly for making the bills a tender either for public or private debts, was cut off."
Finally, Justice Field wrote "For nearly three-quarters of a century after the adoption of the Constitution, and until the legislation during the recent civil war, no jurist and no statesman of any position in the country ever pretended that a power to impart the quality of legal tender to its notes was vested in the general government. There is no recorded word of even one in favor of its possessing the power. All conceded, as an axiom of constitutional law, that the power did not exist."
A United States Note, also known as a Legal Tender Note, is a type of paper money that was issued from 1862 to 1971 in the United States. Having been current for 109 years, they were issued for longer than any other form of U.S. paper money other than the currently issued Federal Reserve Note. They were known popularly as "greenbacks", a name inherited from the earlier greenbacks, the Demand Notes, that they replaced in 1862. Often termed Legal Tender Notes, they were named United States Notes by the First Legal Tender Act, which authorized them as a form of fiat currency. During the early 1860s the so-called second obligation on the reverse of the notes stated:
This Note is a Legal Tender for all debts public and private except Duties on Imports and Interest on the Public Debt; and is receivable in payment of all loans made to the United States.
Legal tender is a form of money that courts of law are required to recognize as satisfactory payment for any monetary debt. Each jurisdiction determines what is legal tender, but essentially it is anything which when offered ("tendered") in payment of a debt extinguishes the debt. There is no obligation on the creditor to accept the tendered payment, but the act of tendering the payment in legal tender discharges the debt.
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution:
The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
The history of the United States dollar began with moves by the Founding Fathers of the United States of America to establish a national currency based on the Spanish silver dollar, which had been in use in the North American colonies of the Kingdom of Great Britain for over 100 years prior to the United States Declaration of Independence. The new Congress's Coinage Act of 1792 established the United States dollar as the country's standard unit of money, creating the United States Mint tasked with producing and circulating coinage. Initially defined under a bimetallic standard in terms of a fixed quantity of silver or gold, it formally adopted the gold standard in 1900, and finally eliminated all links to gold in 1971.
A Demand Note is a type of United States paper money that was issued from August 1861 to April 1862 during the American Civil War in denominations of 5, 10, and 20 US$. Demand Notes were the first issue of paper money by the United States that achieved wide circulation. The U.S. government placed Demand Notes into circulation by using them to pay expenses incurred during the Civil War including the salaries of its workers and military personnel.
Hepburn v. Griswold, 75 U.S. 603 (1870), was a United States Supreme Court case in which the Chief Justice of the United States, Salmon P. Chase, speaking for the Court, declared certain parts of the Legal Tender Acts to be unconstitutional. Specifically, making United States Notes legal tender was unconstitutional.
Early American currency went through several stages of development during the colonial and post-Revolutionary history of the United States. John Hull was authorized by the Massachusetts legislature to make the earliest coinage of the colony in 1652.
Section 51 (xii) is a subsection of section 51 of the Constitution of Australia, that gives the Commonwealth Parliament the right to legislate with respect to "currency, coinage, and legal tender".
Money is any item or verifiable record that is generally accepted as payment for goods and services and repayment of debts, such as taxes, in a particular country or socio-economic context. The primary functions which distinguish money are: medium of exchange, a unit of account, a store of value and sometimes, a standard of deferred payment.
The Legal Tender Cases were two 1871 United States Supreme Court cases that affirmed the constitutionality of paper money. The two cases were Knox v. Lee and Parker v. Davis.
Greenbacks were emergency paper currency issued by the United States during the American Civil War that were printed in green on the back. They were in two forms: Demand Notes, issued in 1861–1862, and United States Notes, issued in 1862–1865. A form of fiat money, the notes were legal tender for most purposes and carried varying promises of eventual payment in coin but were not backed by existing gold or silver reserves.
The United States dollar is the official currency of the United States and several other countries. The Coinage Act of 1792 introduced the U.S. dollar at par with the Spanish silver dollar, divided it into 100 cents, and authorized the minting of coins denominated in dollars and cents. U.S. banknotes are issued in the form of Federal Reserve Notes, popularly called greenbacks due to their predominantly green color.
Knox v. Lee, 79 U.S. 457 (1871), was an important case for its time in which the Supreme Court of the United States overruled Hepburn v. Griswold. In Knox v. Lee, the Court held that making paper money legal tender through the Legal Tender Act did not conflict with Article I of the United States Constitution.
Bills of credit are documents similar to banknotes issued by a government that represent a government's indebtedness to the holder. They are typically designed to circulate as currency or currency substitutes. Bills of credit are mentioned in Article One, Section 10, Clause One of the United States Constitution, where their issuance by state governments is prohibited.
Fiat money is a type of currency that is not backed by a precious metal, such as gold or silver, or backed by any other tangible asset or commodity. Fiat currency is typically designated by the issuing government to be legal tender, and is authorized by government regulation. Since the end of the Bretton Woods system in 1971, the major currencies in the world are fiat money.
The Gold Clause Cases were a series of actions brought before the Supreme Court of the United States, in which the court narrowly upheld the Roosevelt administration's adjustment of the gold standard in response to the Great Depression.
Veazie Bank v. Fenno, 75 U.S. 533 (1869), was a United States Supreme Court case.
Willard v. Tayloe, 75 U.S. 557 (1869), was a decision by the Supreme Court of the United States that courts of equity deciding issues of contract have discretion to determine the form of relief based on the circumstances of each individual case. The Court established a new rule to determine the form of relief: Relief should serve the ends of justice, and should be withheld if it appears likely to produce hardship or injustice to either party.
Juilliard may refer to: