: The Mint and Coinage
Act of 1792:
Below is the original act, enacted
by the Congress of the united States of America, under the provisions
of Article One, Section eight of the Constitution for the united States
of America. This act, having been
enacted by Congress under Constitutional mandate, has never been formally
repealed. Only Lyndon Johnson, signing an Executive Order time frame
declared this act to be repealed. If Congress (the real Congress,
not the fiat congress now sitting) were to repeal this act, then it
would be Constitutionally mandated to enact another law to replace
it. Failing that, they would be in derilection of duty, hence, under
the Constitution, (Original 13th amendment as well) committing treason.
STATUTE I. April 2, 1792 An Act
establishing a Mint, and regulating the Coins of the United States
SummaryMint established at the seat of government.
Act text
Section I. Be it enacted by the
Senate and
House of Representatives of the United States of
American in Congress assembled, and it is hereby
enacted and declared, That a mint for the purpose of a
national coinage be, and the same is established, to
be situate and carried on at the seat of the
government of the United States, for the time being:
And that for the well conducting of the business of
the said mint, there shall be the following officers
and persons, namely, --a Director, an Assayer, a Chief
Coiner, an Engraver, a Treasurer.
Director to employ workmen, &c.
Section 2. And be it
further enacted, That the Director of the mint shall
employ as many clerks. workmen and servants, as he
shall from time to time find necessary, subject to the
approbation of the President of the United States.
Duty of the officers. Assayer. Act of March 3
1794.Chief Coiner.Engraver.Treasurer. Section 3. And
be it further enacted, That the respective functions
and duties of the officers above mentioned shall be a
follow: The Director of the mint shall have the chief
management of the business thereof, and shall
superintend all other officers and persons who shall
be employed therein. the Assayer shall receive and
give receipts for all metals which may lawfully be
brought to the mint to be coined; shall assay all such
of them as may require it, and shall deliver them to
the Chief Coiner to be coined. The Chief Coiner shall
cause to be coined all metals which shall be received
by him for that purpose, according to such regulations
as shall be prescribed by this or any future law. The
Engraver shall sink and prepare the necessary dies for
such coinage, with the proper devices and
inscriptions, but shall be lawful for the functions
and duties of Chief Coiner and engraver to be
preformed by one person. The Treasurer shall receive
from the Chief Coiner all the coins which shall have
been struck, and shall pay or deliver them to the
persons respectively to whom the same ought to be paid
or delivered: he shall moreover receive and safely
keep all monies which shall be for the use,
maintenance and support of the mint, and shall
disburse the same upon warrants signed by the
Director.
To take oath. Section 4. And be
it further enacted,
That every officer and clerk of the said mint shall,
before he enters upon the execution of his office,
take an oath or affirmation before some judge of the
United States faithfully and diligently to perform the
duties thereof.
And give bond.Act of March 3,
1794. Section 5. And be
it further enacted, That the said assayer, chief
coiner and treasurer, previously to entering upon the
execution of their respective offices, shall each
become bound to the United States of America, with one
or more sureties to the satisfaction of the Secretary
of the Treasury, in the sum of ten thousand dollars,
with condition for the faithful and diligent
performance of the duties of his office.
Salaries. Section 6. And be it
further enacted, That
there shall be allowed and paid as compensation for
their respective services--To the said director, a
yearly salary of two thousand dollars, to the said
assayer, a yearly salary of one thousand five hundred
dollars, to the said chief coiner, a yearly salary of
one thousand five hundred dollars, to the said
engraver, a yearly salary of one thousand two hundred
dollars, to the said treasurer, a yearly salary of one
thousand two hundred dollars, to each clerk who may be
employed, a yearly salary not exceeding five hundred
dollars, and such wages and allowances as are
customary and reasonable, according to their
respective stations and occupations.
Accounts how and where to be settled.
Section 7. And
be it further enacted, That the accounts of the
officers and persons employed in and about the said
mint and for services performed in relation thereto,
and all other accounts concerning the business and
administration thereof, shall be adjusted and settled
in the treasury department of the United States, and a
quarter yearly account of the receipts and
disbursements of the said mint shall be rendered at
the said treasury for settlement according to such
forms and regulations as shall have been prescribed by
the department; and that once in each year a report of
the transactions of the said mint, accompanied by an
abstract of the settlements which shall have been from
time to time made, duly certified by the comptroller
of the treasury, shall be laid before Congress for
their information.
President of U.S. to cause buildings
to be provided.
Expense how to be defrayed. Section 8. And be it
further enacted, That in addition to the authority
vested in the president of the United States by a
resolution of the last session, touching the engaging
of artists and the procuring of apparatus for the said
mint, the President be authorized, and he is hereby
authorized to cause to be provided and put in proper
condition such buildings, and in such manner as shall
appear to him requisite for the purpose of carrying on
the business of the said mint; and that as well the
expenses which shall have incurred pursuant to the
said resolution as those which may be incurred in
providing and preparing the said buildings, and all
other expenses which may hereafter accure for the
maintenance and support of the said mint, and in
carrying on the business thereof, over and above the
sums which may be received by reason of the rate per
centum for coinage herein after mentioned, shall be
defrayed from the treasury of the United States, out
of any monies which from time to time shall be
therein, not otherwise appropriated.
Species of the coins to be struck.
Eagles.Half
Eagles.Quarter Eagles.Dollars or Units.Half
Dollars.Quarter Dollars.Dismes.Half Dismes.Cents.Half
Cents. Act of May 8, 1792. Section 9. And be it
further enacted, That there shall be from time to time
struck and coined at the said mint, coins of gold,
silver, and copper, of the following denominations,
values and descriptions, viz. EAGLES--each to be of
the value of ten dollars or units, and to contain two
hundred and forty-seven grains and four eighths of a
grain of pure, or two hundred and seventy grains of
standard gold. HALF EAGLES--each to be of the value of
five dollars, and to contain one hundred and
twenty-three grains and six eighths of a grain of
pure, or one hundred and thirty-five grains of
standard gold. QUARTER EAGLES--each to be of the value
of two dollars and a half dollar, and to contain
sixty-one grains and seven eighths of a grain of pure,
or sixty-seven grains and four eighths of a grain of
standard gold. DOLLARS OR UNITS--each to be of the
value of a Spanish milled dollar as the same is now
current, and to contain three hundred and seventy-one
grains and four sixteenth parts of a grain of pure,
or four hundred and sixteen grains of standard silver.
HALF DOLLARS--each to be of half the value of the
dollar or unit, and to contain one hundred and
eighty-five grains and ten sixteenth parts of a grain
of pure, or two hundred and eight grains of standard
silver. QUARTER DOLLAR--each to be of one fourth the
value of the dollar or unit, and to contain ninety-two
grains and thirteen sixteenth parts of a grain of
pure, or one hundred and four grains of standard
silver. DISMES--each to be of the value of one tenth
of a dollar or unit, and to contain thirty- seven
grains and two sixteenth parts of a grain of pure, or
forty-one grains and three fifths parts of a grain of
standard silver. HALF DISMES--each to be of the value
of one twentieth of a dollar, and to contain eighteen
grains and nine sixteenth parts of a grain of pure, or
twenty grains and four fifths parts of a grain of
standard silver. CENTS--each to be of the value of the
one hundredth part of a dollar, and to contain eleven
penny-weights of copper. HALF CENTS--each to be of the
value of half a cent, and to contain five
penny-weights and a half a penny-weight of copper.
Of what devices. Section 10. And be it further
enacted, That, upon the said coins respectively, there
shall be the following devices and legends, namely:
Upon one side of each of the said coins there shall be
an impression emblematic of liberty, with an
inscription of the word Liberty, and the year of the
coinage; and upon the reverse of each of the gold and
silver coins there shall be the figure or
representation of an eagle, with this inscription,
"UNITED STATES OF AMERICA" and upon the reverse of
each of the copper coins, there shall be an
inscription which shall express the denomination of
the piece, namely, cent or half cent, as the case may
require.
Proportional value of gold to
silver. Section 11. And
be it further enacted, That the proportional value of
gold and silver in all coins which shall by law be
current as money within the United States, shall be
fifteen to one, according to quantity in weight, of
pure gold or pure silver; that is to say, every
fifteen pounds weight of pure silver shall be of equal
value in all payments, with one pound weight of pure
gold, and so in proportion as to any greater or less
quantities of the respective metals.
Standard for gold coins, and allow
how to be regulated
Director to report the practice of the mint touching
the alloy of gold coins. Section 12. And be it
further enacted, That the standard for all gold coins
of the United States shall be eleven parts fine to
one part alloy; and accordingly that eleven parts fine
to one part alloy; and accordingly that eleven parts
in twelve of the entire weight of each of the said
coins shall consist of pure gold, and the remaining
one twelfth part of alloy; and the said alloy shall be
composed of silver and copper, in such proportions not
exceeding one half silver as shall be found
convenient; to be regulated by the director of the
mint, for the time being, with the approbation of the
President of the United States, until further
provision shall be made by law. And to the end that
the necessary information may be had in order to the
making of such further provision, it shall be the duty
of the director of the mint, at the expiration of a
year commencing the operations of the said mint, to
report to Congress the practice thereof during the
said year, touching the composition of the alloy of
the said gold coins, the reasons for such practice,
and the experiments and observations which shall have
been made concerning the effects of different
proportions of silver and copper in the said alloy.
Standard for silver coins--alloy how to be regulated.
Alloy. Section 13. And be it further
enacted, That
the standard for all silver coins of the United
States, shall be one thousand four hundred and
eighty-five parts fine to one hundred and seventy-nine
parts alloy; and accordingly that one thousand four
hundred and eighty-five parts in one thousand six
hundred and sixty-four parts of the entire weight of
each of the said coins shall consist of pure silver,
and the remaining one hundred and seventy-nine parts
of alloy; which alloy shall be wholly of copper.
Persons may bring gold and silver bullion, to be
coined free of expense; Act of April 24, 1800, how the
director may exchange coins therefor, deducting half
per cent.Duty of Sectary of Treasury herein.The half
percent. to constitute a fund, &c. Section 14. And be
it further enacted, that it shall be lawful for any
person or persons to bring to the said mint gold and
silver bullion in order to their being coined; and
that the bullion so brought shall be there assayed and
coined as speedily as may be after the receipt
thereof, and free of expense to the person or persons
by whom the same shall have been brought. And as soon
as the said bullion shall have been coined, the person
or persons by whom the same shall have been delivered,
shall upon demand receive in lieu thereof coins of the
same species of bullion which shall have been so
delivered, weight for weight, of the pure gold or pure
silver therein contained: Provided nevertheless, That
it shall be at the mutual option of the party or
parties bringing such bullion, and of the director of
said mint, to make an immediate exchange of coins for
standard bullion, with a deduction of one half percent
from the weight of the pure gold, or pure silver
contained in the said bullion, as an indemnification
to the mint for the time which will necessarily be
required for coining the said bullion, and for the
advance which shall have been so made in coins. And it
shall be the duty of the Secretary of the Treasury to
furnish the said mint from time to time whenever the
state of the treasury will admit thereof, with such
sums as may be necessary for effecting the said
exchanges, to be replaced as speedily as may be out of
the coins which shall have been made of the bullion
for which the monies so furnished shall have been
exchanged; and the said deductions of one half
percent. shall constitute a fund towards defraying the
expenses of the said mint.
Order of delivering coins to persons
bringing bullion,
and penalty on giving undue preference, &c. Act of
March 3, 1795. Section 15. And be it further enacted,
That the bullion which shall be brought as aforesaid
to the mint to be coined, shall be coined, and the
equivalent thereof in coins rendered, if demanded, in
the order in which the said bullion shall have been
brought or delivered, giving priority according to
priority of delivery only, and without preference to
any person or persons; and if any preference shall be
given contrary to the direction aforesaid, the officer
by whom such undue preference shall be given, shall in
each case forfeit and pay one thousand dollars; to be
recovered with costs of suit. And to the end that it
may be known it such preference shall at any time be
given, the assayer or officer to whom the said bullion
shall be delivered to be coined shall give to the
person or persons bringing the same, a memorandum in
writing under his hand denoting the weight, fineness
and value thereof, together with the day and order of
its delivery into the mint.
Coins made a lawful tender, Section
16. And be it
further enacted, That all the gold and silver coins
which shall have been struck at, and issued from the
said mint, shall be a lawful tender in all payments
whatsoever, those of full weight according to the
respective values herein before declared, and those of
less than full weight at values proportional to their
respective weights.
and to be made conformable to the standard weights,
&c. Section 17. And be it further enacted, That it
shall be the duty of the respective officers of the
said mint carefully and faithfully to use their best
endeavours that all the gold and silver coins which
shall be struck at the said mint shall be, as nearly
as may be, conformable to the several standards and
weights aforesaid, and that the copper whereof the
cents and half cents aforesaid may be composed, shall
be of good quality.
The Treasurer to reserve not less
than three pieces or
each coin to be assayed; and when and by whom, &c.
Section 18. And the better to secure a due conformity
of the said gold and silver coins to their respective
standards, Be it further enacted, That from every
separate mass of standard gold or silver, which shall
be made into coins at the said mint, there shall be
taken, set apart by the treasurer and reserved in his
custody a certain number of pieces, not less -than
three, and that once in every year the pieces so set
apart and reserved, shall be assayed under the
inspection of the Chief Justice of the United States,
the Secretary and Comptroller of the Treasury, the
Secretary for the department of State, and the
Attorney General of the United States (who are hereby
required to attend for that purpose at the said mint,
on the last Monday in July in each year,) or under
the inspection of any three of them, in such manner as
they or a majority of them shall direct, and in the
presence of the director, assayer and chief coiner of
the said mint; and if it shall be found that the gold
and silver so assayed shall not be inferior to their
respective standards herein before declared more than
one part in one hundred and forty-four parts. the
officer or officers of the said mint whom it may
concern shall be held excusable; but if any greater
inferiority shall appear it shall be certified to the
President of the United States, and the said officer
or officers shall he deemed disqualified to hold their
respective offices.
Penalty on debasing the coins.
Section 19. And be it
further enacted, That if any of the gold or silver
coins which shall be struck or coined at the said mint
shall be debased or made worse as to the proportion of
the fine gold or fine silver therein contained, or
shall be of less weight or value than the same out to
be pursuant to the directions of this act, through the
default or with the connivance of any of the officers
or persons who shall be employed at the said mint, for
the purpose of profit or gain, or otherwise with a
fraudulent intent, and if any of the said officers or
persons shall embezzle any of the metals which shall
at any time be committed to their charge for the
purpose of being coined, or any of the coins which
shall be struck or coined at the said mint, every such
officer or person who shall commit any or either of
the said offenses, shall be deemed guilty of felony,
and shall suffer death.
Money of account to be expressed
in dollars, &c.
Section 20. And be if further enacted, That the money
of account of the United States shall be expressed in
dollars, or units, dimes or tenths, cents or
hundredths, and the milles or thousandths, a dime
being the tenth part of a dollar, a cent the hundredth
part of a dollar, a mille the thousandth part of a
dollar, and that all accounts in the public offices
and all proceedings in the courts of the United States
shall be kept and had in conformity to this
regulation.
APPROVED, April 2, 1792
Source: United States Statutes at Large, Washington,
U.S. Govt. Print. Off. v. 1, 1789