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Judge Dismisses Suit Over Pre-Washington Presidential Coins

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Published: July 15, 2008

Updated: 07/15/2008 02:38 pm

TAMPA - A federal judge has dismissed a lawsuit by a Palm Harbor scholar who is suing the U.S. Treasury secretary for neglecting to circulate coins with the images of the 10 men he says were presidents before George Washington.

Stanley Klos, 54, a scholar of rare historical documents, sued Treasury Secretary Henry Paulson in May citing the Presidential Coin Act, which directs the Treasury secretary to issue $1 coins depicting the presidents of the United States and to mint the coins until each president has been honored.

Klos claimed that failing to recognize these men harms his children and all students in America by misleading them about "the existence and identity of the earliest founders and the presidents of the United States."

U.S. District Judge Steven D. Merryday ruled that because the Presidential Coin Act only issues coins commemorating presidents beginning with George Washington, who took office in 1789. It does not recognize the presidents under the 1777 Articles of Confederation as holding the same post as Washington or presidents that followed. The Articles of Confederation served as a constitution for the original colonies until it was replaced by the U.S. Constitution in 1788.

Most historians also dismiss Klos' arguments, saying these 10 men did not have the same powers and authority as the presidents from Washington forward. The title of their office may have been similar, but the post was not the same, the historians say. They weren't commander in chief, did not have decision-making powers and couldn't veto legislation.

Klos was not pleased with the ruling, but happy that Merryday found merit in his argument.

"I was surprised and disappointed," he said. "To me it seemed that the law was pretty clear that a summary case should be heard. I am looking into doing a motion for reconsideration, but I am going to continue my research. I am however pleased that Merryday is recognizing that the case is laudable."

Here are the men Klos says were the first 10 presidents of the United States, their home states and their terms in office:

Samuel Huntington, Connecticut, Sept. 28, 1779, to July 6, 1781.

Thomas McKean, Delaware, July 10,1781, to Nov.4, 1781.

John Hanson, Maryland, Nov. 5,1781, to Nov. 3,1782.

Elias Boudinot, Pennsylvania and New Jersey, Nov.4, 1782, to Nov.2,1783.

Thomas Mifflin, Pennsylvania, Nov.3, 1783, to June 3,1784.

Richard Henry Lee, Virginia, Nov. 30,1784, to Nov. 22, 1785.

John Hancock, Massachusetts, Nov. 23, 1785, to June 5, 1786.

Nathaniel Gorham, Massachusetts, June 6,1786, to Nov. 13, 1786.

Arthur St. Clair, Pennsylvania, Feb. 2, 1787, to Oct. 29, 1787.

Cyrus Griffin, Virginia, Jan. 22, 1788, to March 4, 1789.

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