Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-01-08

destroy all confidence between man and
man. To cut up this mischief by the roots
mischief which was felt through the Uni
ted States, and which deeply affected the in
terest and prosperity Of all, the people de
clared in their constitution, that no estate
shall emit bills of credit" lfthe prohibition
means any thing, if the words are not empt,
sounds, it must comprehend the emission 0
any paper medium, by stats government
for the purpose of common circulau1n.
"What is the character of the certificates
issued by authority of the act Under conside-
ration? What office are they to perform? p
Certificates signed by the auditor and trea-
strer of the state, are to be issued by those
officers TO the amount of 100000 dollars, of
denominations not exceeding ten dollars, nor
less than 80 cents. The paper pnrports on
Its face to be receivable at the treasury or at
ANY loan office of the state of Missouri, in
discharge of taxes or debts due to the state.
''The law makes them receivable in dis
charge Of all taxes Or debts due to the state.
or any county or town therein; and of all
salaries and fees of office. to all officers, civil
AID military. within the state; and for salt
sold by the Iessees of the public salt works
Ii also pledges the faith and funds of the
state for their redemption"
1t seems impossible to doubt the intention
Of the legislature, IN passing this act, or to
mistake the character of these certificates.
IN the office they were to perform. The de-
nomination Of the bills, from ten dollars to
fifty cents, fitted ihem for the purpose of Or
binary circulation; and their reception in
payment of taxes and debts to the govern
meni aud 10 corporations, and salaries and
tces, would give them currency. They
were 10 be pat into circulation; that is, emit
led, sy the government. In addition to ali
these evidences Of an iutenti IN TO make those
certificates the ordinary circulating medium
OF the country, the law speaks of them III
tins character; and directs the Auditor and
treasurer to withdraw annually, one tenth
ut them tram circulation. Had they been
termed "bilis of credit" instead of "certIf-
Gates" nothing would have been wanting to
ring them within the prohibitory words of
he constitution. Add can this make any
material difference? Is the proposition to
be maintained, that the constitution meant
to prohibit names aud not ,hings? That
very important act big with great and ruin-
OTIS mischief, which is expressly forbidden
By words most appropriate for its description !;
may be performed by the substitution of a
name? That the constitution, in one of its
most important provisions, may be openly
evaded by giving new name to any old
thing7 We cannot think SO. We think the
certificates emitted under the authority of
dis act, are as entirely "bils of credit as if
they had been so denominated in the act it,
self
But ii is contended that though these GER
tllicatcs should be deemed ''bils of credit"
according TO the common acceptation of the
ierm, they are not so in the sense of the
constitution, because they are not made le-
gal tender.
he constitution selflurnishes no counte-
nance to this distinction. The prohibition
is general. 1t extends 10 all "hils of cred
il" not 10 bills of a particular description
That tribunal must he bold indeed, which.
without the aid of the explanatory words,
could venture on this construction. tits the
ass admissible IN this case, because the same
clause 81 the constitution contains a SUBJ
stantlve prohibition to the enactment of ten
der-iaws The constitution, therefore, con-
slders the emission of bills of credit, and the
enactment Of tender-laws, as distinct opera
tons, Independent of each other, which NAV
separately be performed. Both are forbid
den. To sustain the one because it is not
also the other, to say that bills of credit may
be emitted, il they be not made tender in
payment of debts; is, in effect, to cxpunge
that distinct and independent prohibition,
and to read the clause as if it had been en-
tirely omitted. We are not at liberty to do
this. The history of paper money has been
appaeed to for the purpose of shelving that
its great mischief consists in being made a
tender; that therefore, the general words OF
the constitution may be restrained to par
ticular intent.
Was it even true that the evils of paper
money resulted solely from the quality of
its being made tender, this court would moi
feel itself authorized TO disregard the plain
meaning of words, in search of a coniectur-
al intent TO which we are not conducted b,
the language of any part Of the instrument
| But we do not think that the history o.
our country proves either that being made /;
tender in pay men of debts, is an essential
quality of credit, as the only mischief result
ing from them. 1t may, indeed, he the mos
pcrnicIous; but that will not authorize a
court to convert general into particular
prohibitory."
| Tho chief iuof,cn a(tor uiyino, couorol nv