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18 Am. L. Rev. 410 (1884)
The Legal Tender Decision of 1884

handle is hein.journals/amlr18 and id is 414 raw text is: THE LEGAL, TENDER DECISION OF 188.4. THE LEGAL TENDER DECISION OF 1884. An adequate review and discussion of the last legal tender decision of the United States Supreme Court would require the space of a considerable pamphlet rather than the narrow limits of a review article. The questions involved have mary aspects of prime interest to all who study or take part in our public affairs. It is much to be hoped that some coming writer will take this task in hand. Such a one will find a wide and rich field in the history, the written treatises and discussions of the great topic of money and currency, - what may be called the learning of the subject; he will also find special interest for our people and country in some of the general tendencies, of which the present decision is evidence; as for instance, the tendency to exalt and magnify the power of the legislative branch of our government, to ascribe to our Congress powers which seem to find their only suggestion in the powers of the English Parliament, as well as the tendency -which may be called communistic, -to put all control over practical public questions in the hands of the people despite the relinquishment of certain powers by the voluntary choice and adoption, by the people, of a written constitution. Here all such inquiries must be put aside, and I propose to limit this article to the consideration of, first, the history of the legal tender decisions based on our present issue of United States notes; secondly, the character and grounds of the de- cision of 1884; and, lastly, some of the results and consequences of that decision. To those who would understand how or by what steps we have reached the present or last legal tender decision, a clear state- ment of the history of the former decisions on this question will be acceptable. The case of Hepburn v. Gi'iswold is the first of the series, decided in December, 1869, and reported in 8 Wal- lace, 603. In that case Hepburn gave his note to Griswold, -dated June 20,4860, payable February 20, 1862, for the payment of eleven

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