Urbana union. [volume] (Urbana, Ohio) 1862-1872, 1866-10-03
WHOLE NUMBER 234.

will represent the public will and conform
toit. - ''-- 'On' u IL
But these are general ALLEGATIONS and
II IS therefore proper and more thar ms
timed to specify in detail some oftBe acts
and assumstions which regard as nv
warrsntable. --
First, among them all, when measured
BY It's disturbing influences for. the present
and the future, is the Legal Tender act.
BY which Congress have attempted to de-
clare that. their own promissory notes,
given for money borrowed, shall be a
tender IN payment ofother peoples debts:
thus, IN effect forbidding any debts but
their own to be paid in-eold and silver
money. That clause Of the Constellation
which forbids the States from makino,
anything but gold and silver coin a leoa1
tender in the payment. Of debts. itself
plainly shows that the passing Of laws on
the subject of tender belongs to the
States alone. Congress have no such
power, and this iufraetion must be 81
dealt with as never to be repeated.
Couple with this in kind, is the law
for the creation of National Banks. $50
called, which binds the nation to make
good to the creditors Of these banks. in
all cases, by tax on the nation, the mon
ey promises of mere private cain. Tad
nit and would not controvert the mower
lot Congress to create bank, as a neces-
sary agent Of the Treasury to receive.
and keep, and disburse the public money,
wherever due to the Government or from
1t, but deny to Congress power to make
mere trading corporations to deal in mon
ey, or for any other purpose, and no
sidewind decision on ataxlaw will shake
my faith in this position. That power
belongs to the States alone.
Also coupled with this ia kind. and
aimed at the States as spoliaton of DOW
er and of revenue, is the tax, $50 called
of ten per cent. on the circulation of
State Banks, and which is plainly and
palpably not intended for revenue. the
true object Of true tax, but was meant
to exercise police power over trade and
currency-a power which they do not
possess.
When the people of the States gave to
the Union Government the power to bor-
row money, and the sole power to coin
money and to regulate the value of coins.
and prohibited to themselves the power
of issuing Bills of Credit, as they were
then called, or Treasury Notes, as thew
are COW called, it never could have been
designed that power to borrow money
should De used, as a monopoly, to the
destruction Of private trade. f2 nearly
all the States, the interest of money is
fixed at six per cent, and in most of them
the debts created for money lent are sui
Ject to State aud municipal taxes. which
make large deduction from the interest
received. In Ohio, this tax on the nrin-
eIpaI debts amount to thirty-three per
cent, on the interest; while the Govern
ment bonds are necessarily EXEMPT from
such taxes by the States, and while Con-
gress refuses or Omits to exercise their
own power Of taxing them, and stiDulate
to their interestin gold, at the same time
compelling all State creditors and private
creditors to receive their interest in Gov
ernmeut notes of fuctuating value-tbe
private borrower is cut off from the sur-
ply of his wants, trade is crippled atd
enterprise destroyed It was a leadino
object Of the Constitution that there
should be everywhere one standard of
value, as test of al dealings, both pub
lie and private, and that while the obi
cation Of contracts shall never be i'm
paired the measure of value shall be also
1nvaried. ~
But the Congress have not only. thus.
invaded the rights of property, but thew
have also invaded the rights of person,
in legislating on the writ of ha5eus c5rDllg
and delegating what they did not them
selves possess-the power to supend.-
While | admit the power Of Congress to,
give to the Federal Courts the power Of
issuing writs of haJeas corpus, as a sub
'idiary aid TO their own special and limit
ed jurisdiction, maintain that to the
States alone belongs the unabridged pow.
er of granting all remedial writs in cases,
Of private right. The authority for the
writ Of Aabeas corpus, prior to. the Con-
was In the States alone, and the
limited term in the Constitution for
suspending the writ, confined that sus-
pension to the times of invasion and re-
beIllon, which plainly shows that an act
o! judgement must be had in each case.
of suspension shall bea sufficient answer
to the writ, also shows that the order in
behalf of public safety shall be one Of
only, and not the destruction.
of the writ by law.
While the Constitution recognizes the
fact, that the privilege of the writ of
Ea5eus c0rpus may be suspended in cases,
Of rebellion and invasion, when the pub
lie safety shall require it, men of ability
and learning have differed as to the pow
sr by which the suspension may be made.
The President claimed it for himself and
exercised it. When the Congress assum-
ID to exercise the power as vested in
hem to confer the power on him, he ap-
proved their act. In claiming for them
elves the contested power of suspension,
he Congress added so large bounty of
,rofered exemptions that the scale was.
urned. The rule of courts has ever
,eeD, that the body of person detain-
ID must be produced and the cause of
detention shown; and if it appear that
he person is lawfully in custody under
ne process of a court, or other lawful
'o@er, the person was always remanded
abide the action of the power that
ield him. This settled rule of the courts.
7as set at naught by the 37th Congress
n the Sd of March 1868, the last day
f their existence as a Congress, by an
nactment that no military, on other Of
GER should be compelled to produce