PENNSYLVANIA. 



tired. He pursued and overtook them at 

 McConnellsburg, in Fulton County, in time to 

 save that place from pillage and destruction. 

 He promptly engaged and defeated them, driv- 

 ing them to Hancock and across the Potomac. 



On April Gth the Department of Hononga- 

 hela -was annexed to that of the Susquehanna, 

 and Gen. D. X. Couch assumed command of 

 both. 



Some difficulties occurred in Clearfield Coun- 

 ty between persons who had refused to respond 

 to the draft and the officers \vho were sent to 

 apprehend them. One or two persons were 

 killed. Recruiting agents from nearly every 

 county in the State were appointed by Gov- 

 ernor Curtin to obtain men from the insurrec- 

 tionarj States to fill the State quota. 



The amount of hard and soft coal mined and 

 sent to market within the limits of the State 

 during 1864, is estimated as exceeding foarteen 

 millions of tons. At seven dollars per ton, this 

 staple brought ninety-eight millions of dollars. 

 For the details relative to the development of 

 petroleum, see PETEOLEOI. 



The question whether the law making United 

 States Treasury notes a legal tender for debts, 

 was applicable to the discharge of money due 

 for ground-rents on a stipulation to pay the 

 amount in com, was several times before 

 the courts of Pennsylvania, and was differ- 

 ently decided. In April a decision was ren- 

 dered in the District Court of Philadelphia, in 

 the case of Mervine rs. Sailor being an action 

 to recover damages for a breach of covenant. 

 Defendant had covenanted to pay a yearly 

 ground rent of $570 "lawful silver money of 

 the United State?, each dollar weighing seven- 

 teen pennyweights and six grains at 1 

 When the July rent became due, the defendant 

 tendered the amount in United States Treasury 

 notes, which plaintiff refused to receive, de- 

 manding silver dollars. Suit was brought, and 

 the defendant pleaded tender as aforesaid. To 

 this plea the plaintiff filed a replication averring 

 that the defendant did not tender in silver dol- 

 lars, etc.. but in promissory notes or paper 

 money of the United States, of the nominal 

 value of $285, but of 40 per cent, less ex- 

 changeable value. To this the defendant filed 

 a special demurrer, averring that the promis- 

 sory notes so tendered were lawful money of 

 the United States and a legal tender in payment 

 of all debts. The opinion of the court was de- 

 livered by Judge Hare, rendering judgment on 

 the demurrer for the defendant, thus deciding 

 that the treasury notes are a legal tender and 

 should have been received in payment of the 

 rent. Judge Sharswood delivered a dissenting 

 opinion. 



In May, Judge Agnew, of the Supreme Court, 

 delivered an important opinion in the case of 

 Shallenberger rs. Brinton, in which he decides 

 that a ground-rent is a debt, and payable in 

 legal tenders, in a case where the covenant was 

 to pay the interest in "lawful silver money," 

 and the clause of extinguishment stipulated for 



the principal of the ground-rent in lawful 

 money as aforesaid. Judge Agnew decided 

 differently from Judge Allison in two simikr 

 cases in which he had delivered opinions. 



In Xovember, in the United States Circuit 

 Court for the Eastern District of Pennsylvania 

 Judges Grier and Cadwallader on tbxj bench en 

 opinion was delivered in the case of the Phila- 

 delphia & Reading Railroad Company rs. Chas. 

 Moulson et aL, which was before the court in 

 the shape of a bill in equity to compel the de- 

 fendants to accept in extinguishment of the 

 principal of certain ground rents, to the amount 

 '0,000, the legal tender notes of the United 

 States. The opinion of Judge Grier was as 

 follows : 



Coined money, in modern times, forms but a very 

 small portion o'f the current money used in commer- 

 cial transactions. Paper money representing credit 

 has long been used as current and lawful money. 

 But no one could be compelled to accept the promise 

 of a bank to pay money instead of the coin itself. 

 The notes of the Bank of the United States, issued 

 under the authority of the Government, were current 

 money, and lawful money, because issued by such 

 authority, but were never made a legal tender for 

 the payment of debt. 



A contract made in the United States for the pay- 

 ment of a certain number of dollars would be con- 

 strued as meaning, not Prussian dollars or Spanish 

 milled dollars, but lawful coin of the United States. 

 The addition of the description " lawful monev of the 

 United States" is entirely superfluous, and does not 

 change the nature of the obligation. The statutes 

 of Congress always make a distinction between a law- 

 ful or current money and that which shall be a ten- 

 der for payment of debts. Hence, we find that when 

 such is the intention, the language is, " And shall be 

 a legal lender," etc. 



Some coins of the Government are a legal tender 

 below a certain amount, but not beyond. Thus, by 

 act of 9th February, 1793, after the expiration of 

 three years all foreign coins except Spanish milled 

 dollars shall cease to be a legal tender. By act of 

 April, 1806, "foreign gold and silver coins shall pass 

 current as money within the United States," and be 

 a legal tender for the payment of all debts, etc., c.t 

 the several and respective rates following, etc. 

 Again, by act of 2Sth June, 1834, " the following gold 

 coins shall pass as current money, and be receivable 

 in all payments by weight at the following rates," 

 etc. 



Hence we find that in all cases where other money 

 than the coinage of the United States ordered to be 

 received as current or lawful money, the statute care- 

 fully provides the rate and conditions under which 

 they are made a legal tender for payment of debts. 

 It is clear, therefore, that Congress 'has always ob- 

 served the distinction between current and "lawful 

 money which may be received in payment of debts, 

 if the creditor sees fit to accept it, and that which he 

 may be compelled to accept as a legal tender. It is 

 clear, also, that if Congress make any other thing 

 than their own coin a legal tender, it may be used as 

 such. Thus, in the act authorizing the National 

 Banks, their notes are made a legal tender for cer- 

 tain debts due to the Government for taxes, etc., 

 but not for debts due from one citizen to another. 



The Treasury notes are made lawful or current 

 money " and a legal tender for debts," etc., as be- 

 tween individuals. As this is the first act in which 

 this high prerogative of sovereignty has been exer- 

 cised, it should be construed strictly. It is doubtful 

 in policy and dangerous as a precedent. 



The only question then is whether this case comes 

 within the" letter of the statute. Is the money which 



