Interview Between the United States Senate Committee on Finance and the Hon. John Sherman, Secretary of the Treasury
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Excerpt from Interview Between the United States Senate Committee on Finance and the Hon. John Sherman, Secretary of the Treasury: On Refunding, Resumption, Legal-Tenders for Customs Dues, Sinking Fund, and Kindred Subjects; January 30, 1880 In addition, I would add that in my annual report of December, 1878 (a year ago), I stated to Congress, after a pretty full examination, I thought it was my duty to give notice that on the 1st of January I would receive United States notes for customs duties, therein giving pretty full reasons for doing it, and I hoped then that Congress would take some action about it; but I have come to the conclusion since that it had better be allowed to stand just as it is - that as long as both parties, the government and the citizen, are willing to receive and take United States notes we had better let them do so, leaving the government the right to demand payment in coin for customs duties and the individual the authority to demand coin for interest of public debt. The Chairman. My objection is, that it disposes of the contract between the government and the holder of its obligations - which is, in my view, a fixed contract only to be rescinded by mutual consent, and substitutes a mere order of the Treasury Department. I admit that practically it is enough that as long as the notes are equal to coin you may receive them; but the very moment the legal tenders depreciate there is a substantial as well as technical violation of the contract. My feeling is, and I have so argued in the Senate and elsewhere, that the law is quite enough as it stands; and though you made the very person who received these duties the redeeming agent of the government notes, I do not think still that the customs duties can be lawfully receivable in anything else than that which the law requires. Mr. Allison. What would be the objection to a provision substantially of this character: Say that, as long "as the Treasury notes are convertible into coin at the sub-treasury in New York." The Chairman. "Redeemable" is the word. Mr. Allison. Well, convertible into or redeemable in coin, they shall be received for customs dues. Secretary Sherman. I have no objection at all to that. This order was made simply to avoid the inconvenience to the individual of presenting his notes at the sub-treasury, then carrying the coin received there to the custom-house, and then compelling the custom-house officer to take it back to the sub-treasury for deposit. The Chairman. Of course it was like an idle form, but it was an honest one. Mr. Allison. That would continue our obligation, and, at the same time, relieve you from what some now object to as a technical violation of a statute. Secretary Sherman. I will say that I issued this order with great reluctance, only after full examination, and upon the statement of the Attorney-General, who thought technically I could treat the note as a coin certificate. The Chairman. It might be that practically in its result. Secretary Sherman. We have always received coin certificates in payment of customs dues. Mr. Ferry. Then, if the law should require you to receive these notes in payment of customs dues, what would be the objection, as long as they are redeemable in coin, for you are required by law to redeem them in coin, and that would be merely a method of redemption and it would not matter whether you had actually redeemed them and paid out the coin or received them in payment for duties. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
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