Year: 1866

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declare that their own promissory notes,
given for money borrowed, shall be a ten
der in payment of other peoples debts;
thus In effect forbidding any debts but
their own to be paid in gold and silver
money. That clause of the Constitution
which forbids the States from making
anything but gold and silver COMA le-
gal tender in the payment of debts, it.
self plainly shows that the passing Of
laws on the subject of tender belongs to
the States alone. Congress have no such
power, and thisinfraction must be so dealt
with as never to be repeated.


Coupled 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 business for
private gain. I admit and would not
controvert the power of Congress to Gre
ate bank as necessary agent of the
Treasury to receive, and keep, and dis
burse the public money, wherever due to
the Government or from it, but I deny to
Congress power to make mere trading
corporations to deal in money, or for any
other purpose, and no side-wind decision
on a tax law will shake my faith in this
position. Thatpower belongs to the States
alone.


Also coupled with this in kind, and
aimed at the States as a spoliation of
power and of revenue, is the tax, $50
called" of ten per cent. on the circula-
ton 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 aud 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 they are now
called, 1T never could have been designed
that the power to borrow money should
be used,as monopoly, to the destruction
of private trade. In nearly all the
States, the interest Of money is fixed al
six per cent, and in most of them the
debts created for money lent are subject
to State and municipal taxes, which make
large deduction from the interest re.
ceived. In Ohio, this tax on the princi
pal debts amounts to 33 per cent. on the
interest; while the Government bonds are
necessarily exempt from such taxes BY
the States, and while Congress refuses Of
omits to exercise their own power of tax
ing them, and stipulate to pay their in
terest in gold, the same time compelling
all State creditors and private creditors
to receive their interest in government
notes of fuctuating value--the private
borrower is cut off from the supply o.
his wants, trade crippled and enterprise
destroyed. 1t was leading object o
the Constitution that there should be ey
erywhere one standard Of value, as th'
test of all dealings, both public and pri
vate, and that while the obligation of con
tracts shall never be impaired, the meas
ure of value shall be also UNMARRIED.


But the Congress have not only thu
invaded the rights of property, but the,
have also invaded the rights of person, il
legislating on the writ of habeas corpus
and delegating what they did not them
selves possess--the power to suspend
While l admit the power Of Congress t
give to the Federal Courts the power o
issuing writs of habeas corpus, as sub
sidiary aid to their own special and limi
ted jurisdiction, 1 maintain that to tn
States alone belongs the unabridged pow
er Of granting all remedial writs in case
of private right. The authority for th


writ of habeas corpus, prior to the Con
stitution, was in the States alone, and tn
limited term in the Constitution for sus


pending the writ, confined that suspen


sion to times of invasion and rebellion


which plainly shows that an act Of jude


ment must be had in each case of sus


pension, where the order of suspensio


shall be sufficient answer to the wri


also shows that the order in behalf {


public safety shall be one of suspenslo


only, and not the destruction of the civ


writ by law.


While the Constitution recognizes th
fact, that the privilege of the writ of hi


beas corpus may be suspended in cases (
rebellion and invasion, when the publ


safety shall require it, men of ability an


learning have differed as to the power b


(which the suspension may be made. Th


President claimed it for himself and e,


ercised it. When the Congress assume
to exercise the power as vested in then


and then to confer the power on him,
lapproved their act. In claiming #
themselves the contested power of su:


pension, the Congress added SO large


bounty Of profered exemptions, that Il


scale was turned. The rule of cour


has ever been, that the body of persc
detained must be produced and the eau
of detention shown; and If it appear th
| the person is lawfully in custody und
the process of a court, or other lawf
power, the person was always remand
to abide the action Of the power that he
r him. This long settled rule of the coul
: was set at naught by the 37th Congre
. on the Sd of March, 1863, the last d
| of their existence as Congress, by
0 enactment that ''no military, or other Of
r Ger" should be compelled to produce t
/, body of person detained, and he ne
j not produce any order of commitment


detention, but merely certify that he he
the person as prisoner under the Pre-
: dents authority. The courts were not