AND BLQ0MSBU11G GENERAL ADVERTISER.
LEVI L. TATE, Editor,
$2 00 PER ANNUM.
' TO HOLD AND TRIM THE TORCH 01' TRUTH AND WAVE IT O'ER THE DARKENED EARTH."
VOL. I5.-NO. 51. BLOOMSBTJRG, COLUMBIA COUNTY, PA., SATURDAY, FEBRUARY 22, 1862. VOLUME 25
CQLMllIA DEMOCRAT.
runiiisuED EVEtiy satuiiday, by
LEVI L. TATE.
IN DLOOM3BURQ, COLUMBIA COUHTJf, PA.
0 VVIO E
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xiflhe Qurt lhuie, "Democratic Jhad Qnurlrri,"
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"UAl.TIK)IUC LOGIC HOSPITAL "
X.SrAULISIli:i As! A niU'UUBl'llOM Ul' V-'KCUY. j
The Only I'lace icherc a Cure can Lc i
Uutaine.1,
nv.:
for nil pm.ite l)nea"s, VViaUiies. of tliu Lack or
iiaibi, SlriUures, .UlVitionn of the Kidney, ami blad
der, luvolniitary Uncharges. Impotent)', (ieueral l)e
liilitv. Nervousness. I)pi.psy. Languor, Low ep mts
Coniusioiiof Ideas, I'alpitcili-in of the lli-.irt, 'limiUitJ.
Tr niitilings, Dirtiness of rilght or Unldlness, Disease or
the IK.1J, Throat. Suk or skin. All'itions of the l.ivrr
I.iiugi. srlmiiucli or ll.nv.-lH-tlioe lurribni I)U"r.l'Ti
i-,,.... tl. .-..M.in Hrtt.ln of Vouih -those si.cu..T
iind solitary pruitlci s mure fatal tu their irttuiri Ihau
tin song of 3) reus to the .Marines of L'lysses, bliclt
lug their most t.riniaiii imp? or ;i..u..ii.ii..,..3, ivmu
lug mining , impossible. I
y o 1; n i; m r. i
llsti.'i-inlly, wholuvu Income tha victims of ij'ditniy '
Vu.-. that dr.M..ul an.l ilcstrtl.thu hnliit liirli nuiiu
11ID swvoih to an untimely grove lhiuiiiid ot 01111g .
M.'n of tb 111 -t i-x.uli.Ml talent' and brilliant intellect, .
.1) might ntn r ..is.: Have iMilriiucI li-lellllig benat.'s 1
uh tin t'lnn.i rs I' . l.i'ini'iire 01 w.il'.od to e.tuy the
lUUi l)re, ina) call with full eOlllWem...-.
M A It It I A CI i:.
Mirrlud person;., or Vouug Men contemplating mar
tlj'c. Iiititu aware ot physical weakness, organic ilealiili )
... ..-.. ....Li ,a 3L-r.. u.eili.v tt.reil. 1
lie who place. tiiiuscli under Hi; care of llr. Jolinston,
in iv rt-ligio'nl) c.mli.l" tu hit lienor as a g. iitlem. 11, anil
tunli Jciilly r.-ly upon liUfkill na a pliyiUi.ui.
O B (i A X I O. W 1: -V K X U H S
imiiwiliatelv cure I an.l full vigor ruitorcil.
.... . ... .". ....1.... r .,... wl.uh r.on ,r. life nii.-
Illli lilinei.i" . .11., ...I I I
Select I'loetn)
JDllSKTON' Las dinfovcreu the ino-t Curtnlti, t
MiesJV llllvl uliis- 1 .11 t Hi n uiiu-'iiy win .u.i..
PcrsGvoi'anco.
A SiVAiiovvIn thu Hiring,
Con's to our crannr)', and 'noath th tnves
Uisayeit tn make n lint, ami there Old brln;
Wet earth, ami straw, ami ltaei,
Day after day nl.c toiled
With patient heart; bur ere li"r work was crownetl
5ome sail niinhap the tiny fabric spoiled,
And disl.ed it to the gunuiid.
t'ho foil tul the ruin wrought,
Hut not cast down, forth from the place she (lew
Ami, nilh her mate, fresh earth end grasses
brought,
And built her licit anew.
Il.u scarcely had siio placed
The last soft feather on the sample floor,
Wlijn wicked hand, or chance, again laid wade,
ind wrought the ruin o'er.
Hut ctlll her heart kIic kept,
And toilod again, ami last night, hearing calls,
I looked, audio! three Ilttln w allows slept
U'ilhiu thocarth-iiiade walls.
What truth ia li-r.O man I
Hath hope been inltien 111 in early daw n !
Jlnve ilouds o'erratt ll.y purpose, trust cr plan!
Have rami and struggle on.
Vat. ,.((( .
elect iBisJCeilani).
Another Royal liomanco.
, Jllysterous Marriage qj a lirother of
J George 1 1 1 . A Royal I'rmriss Jgno
I runt of far birth the daims cf her
I Heirs,
1 At a time when the American Uona
1 .......
paries arc urging in tlio l'ronca courts
their nlaiun to imperial vecoguition, case
not wholly tlfcaimilar ia occupying the at-
erahle ami ,narna;r ,,pos . - h y. "".'. '. , ,.7. 1 ,,.,,,. ,xf lOno-lwI, Imw n.i.l o-ossins.
tile villlloi l'I linprupir 11 uu,. ... w. .. ,... v...... ,j a j .
fot'th.Xirat, a3 alleged by the
suek!nS 10 est!lbIish t!ieir 0,ai,ns t0
reUtiotwlup, arc tlcse .
ninuj. in- inn-t vri.Mi an.l ,.-5iruuue ) nipi'miMo
b .til h..J) niiuJ ari-e. The s)-teiu becoin. derail!:
o,l: tlf ii.iy-.iL.il :iu.I in.ni.il Imi'tn'in wiiiUn..d, loss
... hrnrri :1V.' 1'OW". t. uir)."i in liability. I yip"in.i
IvTwuu'r'rvlmei'ro; wombcts of the royal family-one
"uiay - ,., rniMiKKtc sTiuxT I Olivo Wil.not, the aitughtor of an Eng-
1 ,.ft luiii ijj"onr ir.im si.iitiuiur.' street, a p-w iionn ish cleriiviuan lii''h in favor at the Court
r,B?u 1, !...." i1-.' """""t '':i'!'"'o.al'i.v.ani,:r.f: . .rn,....,, i. i fnli..
t.,r'.i.,pio.....i.ansii.i.ii;- t , , f Cumberland, brother of
? '.V Ai 1 U I M llww -
! On tl.o -1th of March, 1707 there thon
' no restriction on the matrimonial alliances
King George 111., ami the certificates of
the marriage still exist, attested by the
iignaturcH of the Earl of Chatham, the
Earl of Warwick and Kin" Georgo 111.,
It further appoaas that ou tho third of
April, 177'i, there was born of this mar
riage a daughter, who was baptized by the
the name of Olive, in the presence of the
i arl of Chatham and Lord Ashburton.
In the same year in which this infant
first appeared, her father, the Duke of
Cumberland, married again with Lady
! Annie llorton. This action iucniitied the
I King very much ; ho refused to recognize
I this tccond wife, and under iho excitement
j of the momCLit, enacted the lloyal Marri
i age act, which forbids i. member of the
I royal family from marrying a tuhject.
! Ho. linivevei . anxious to tiotcat his broth-
,V.,.v,.i,ii.red .hn,.e.y- n by . n pr.r . , ,
iridula,. lluwli-i.ai.n o -am ", "V-- l.irh ur.! i ul luu ""V
o m.kih.) on iune uia-.u.
111. JUII.VilV.Y
M-mibcr of the Itoynl t-'oll.gL of Hiiron, l.nmlri.
(Ira iiiu fnuion'l lh iul eu.ine.it I'o b'J ol Hi
in " Stat .'.and III.- greafr part of who-... I He has
,. .ii . ,'i.t 1.1 tli. h.i U.ip.t..Ui.l London. Par.., l'hila
"del hi aid els, v. h ire, tu j HVcH-d soiu. el tin- ioo.j
. in I ng wrt.t;.it weree-.er knowi.i many troubled
v t . ii .gi.i in Ih.-lrad iiini cars when asleep, great
rv.nii ' r- U..ng .Harmed lit ml.le.. Kiuu Is. and b.i?
,h l,i f. -, Mil MUliing Mlet.d.Mlf...MI.!.es)Mlt.
uei'iii;em.'." "I "'','";"l l'
t u i: i' a it t i c i: i. a u x o t : c j:.
Or I ad Ir -ss.-s all th.e who have iiij.tri-il thenis. Iv.-s
i niiio ' '.JmH-uc-mill vdilary l.abUs, who . ru
nibolli . ''ml uiiuJ. u""3 ' cither basi
..-, ,t,l-. ocwiy or iiiarnage
'I'liesu are -iiue in in; s.o. . ..r.i...
,l..n. ii... , a I . h.ibils ot )o,un.
Ud.K aiiJ l.ieib.. l'.nu in tli
Such are the alleged facta oftheuaso.
And now Mrs. Lavina Janctte Horton
Ryves, the eldest daughter of Mr. and
Mrs. Serrs, claims tho revenues of the
Duchy of Lancaster, amounting to XI,
044,014 sterling, aud also 105,5520 as
bequests from tho royal family. Tho
petitioner claims to bo "Prinocss of Cum
berland and Duchess of Laucaster, as tho
granddaughter and lineal representative,
in tho female lino, of his late Royal High
ness Ucnry Frederick, Duko of Cumber
land, who died iutestato ju tho year 1790.
This rcuiarkablo caso is attracting tho
earnwl attention of tho English press. It
involves a property question to tho amount
of five and a half millions of dollars.
The trial will excite snterest both at homo
and ou this .continent. Ljko tho Gaines
and Uonnparto cases, it hinges on a qucs-
tion of legitimacy, which will require all
the skill of the highest legal acumen to de
cide. It has already attracted some atten
tion, for iu 1822 Mrs. Serros demanded
probate of tho will of Georgo 111., but
was refused, becauso it was held that tho
Court had not jurisdiction aud could not
grant probate of tho will of an English
sovereign, in loll sue soucut to unag
it to an issuo by claiming privilege from
arrest as a member of tho royal family,
but again failed through legal technicali
ties. In 1840 she filed a bill in Chancery
against the Duke of Wellington, as execu
tor of Georgo 1Y., who had succeeded to
his father's personal estate, but tho matter
was kept quiet by influential politicians.
Rut now tho case is different and some,
at least, of the English papers clomor for
an holiest investigation of this longstand
ing wrong or hold imposition. "Here,"
says tho London tur, ''is either a mons
trous or artful fraud to be piiuiohed, or a
cruel wrong to be atoned for ; and no
personal influence, no matter from how
high a puartcr it may emanate, mu- ren
der the arm of English law impotent to
chastise imposture or to rcdrojs iujustcie."
VmmxsxnMxnsamxmrjnmiim ni l mi mi slism.i
mcntl & Political.
ed in tlio note, whereas these are only to I ing in gold aud silver coin ; or, to stale it
bo payablo at tho pleasure of tho United ! moro exactly, it provides that whatovcr
States ; that they tlioultj bo receivable iu j executory contract parties may make con
paymont of publio debts only by thoso who J corning tho gold nud silver coin of the
were willing to receive them at par, whero country, they shall bo discharged upon the
as thoso notes arc to bo rceeiyed by every performance of another aud diflorcut duty
public creditor who is not willing to forfeit
his right to paymcnj at all. These notes
arc to bo tnado lawful money, and a legal
tender in discharge of all pecuniary obli
gations, cithor by tho Govcrumont or by
individuals,a characteristic which has nev
or been given to any noto of the United
States or any note of thoBankof tho Uni
ted States by any law ever passed. Not
only, sir, was such u law never pascd,but
such a law was never voted on, nojor pro
posed, never introduced, never recommen
ded by any Department of the Government;
the measure was never seriously eutertain
cd iu either branch of Congress. It is ob
viou, fioiu tho comparison which I have
by tho delivery of an equivalent num
ber of dollars in thoso notes. Where, sir,
docs Congress get this power ? Where is
the grant to bo fouud 7 Onu would aip
poso that a power liko that a power which
involves the impairing of thu obligations
of such a vast class of contracts, which
proposes to disturb vested rights to such an
immense extent would be worthy of a
placo in the express grants of the Consti
tution. Mr. HICKMAN. I desire to ask tho
gentleman from Ohio whether. thero would
bo any objection to this bill, provided it
allowed thece notes to bo a legal tender in
the payment of debts on all contracts hero-
drawn between the bill he ore us and the! nk-'r arising, where there was no provis-
i u. . ,'i.kiie-p oi me i
Head. Illlim.-SS Ot Sight.
r, m.h ulir Power, l'alp.l.uion iii
mind arc
tiuii. c. . . , r...,P,-,.i f.iV...iH on the
VT " " .V'W K iv, Yl endings Av,.V.,oi,
irr "V'listri low f M.I.WCC Tiimty, &c ,
a,rs.e "'V.tV.n.W' DM can now judge Uiat
. ii - e.ik,ol au I emailaied, having mii
K,iTu ..I '. aho It tlia eye,, . ough and n n.ptoUH ,1
SPEECH OP
HON. G. H- PENDLETON,
or oiiio,
In -vlu Hi-uso of r.cprcscnlatives, January 23, 186-2,
Tho House being in Committee of tho
Wholo on tho ?tato of the Union, and hav
ing under consideration House bill No."
240, to authorize the isstia of United States
notes, and for the redemption or funding
tlrrecf, and for funding the floating debt
ol the Omtcu btates
ril i-oinp-inioui
nightly ten
or at school -
wh.-u n-i'op.
. and If not cur.-.l .emlers , .,.i JJeected that tlio child should bo re-
: i . n Ln in i mi i;4
t .r. i ..... i.nno-iiLiJ. ,,.. v . , . , , ... i
nau.i. i'-'
In a i. -rtaiti necrjl
coiitimplatiu
.M A
n i a (i i:,
rem a Ui.lSi
wSluttheellieiourm.) through lift. b.com
III.! ,, j" lt
u.l.iow.-.t ,,... ...
c.-iary
Indeed,
.-i uvnrv l mruui.-
V!;,,i, ',;,o,, auih.dyrelkc.ioi, that the happincps
of ..-.other b,co,u..s blighted w ith our ow n
., . - p. a t: o r I .M 1' H " N c
'ri';iv,''','''S'i.iM'd?i hu KKr.i.,- u
'Mr1' ' ,V ,f,t 1 timed iense ofsliuno or
d. t-rs him from upplying to tho-..
i,j ,,..pei lability uin alone b fri. tid
Win
BII.HIUM ' .ii, ,,,., I ,ense
lo olten liapp-inuiai- . ,.i.i vlnif lolho-u
dr-a-l of discover), i ' " ' ,ubili ly uin alone b fn. tid
who t ro.il edi.ca t.o ; lid - I '.nptou.s of this
linn. . e laying till the c . ii- 1 . aa , ,,,,
l.orrildi-. .iseni.ilustliJiruppt iraii. n.ol.eaj
Bor thro ii. diseiise. no-, . - im ,.. ;,
.1... h.t.ul. f.u'.i! anil tMit liio
i,'": wiYl rai-i i '.till "t lt ll. Ilal- of
,".,.,J ,. I,,, nose fill in, an.l Uioxitti.ii of
.in I IiniM.. llllillivon vi (-.(,..
bonus, and arms, blotched on
ties, prog
lpiaiwiesoftmiimseU
"til It UxV1ix. --
l.icM'J fnct that thousands full victims tn
Z ?AiitZ' ml to the uu-killlullueas v. ix-
ding I'.u.i l
'urns."'
It is u .in
this teriild
':on. M-rcurti- rum tlio constitution an,
dua of life iiili.-rahlu.
' S T R A N Ci U It S
. .. i id. iii tho i-nri itf tllf! Ilia'
vim trilling uioutli alter uionll. taKing inn ... ;
health i smli ovi r your galllmg uisjpp.uii in-...
Ii Jo iu. u is the only rhy.iciaii ailx.nidi.S
I's er I "ml ur .lJJoi;., tilvMi) hahgi" h o V,ie.
s' .. -'.lies or treatment are unknown to nil utli. r j.
nrJ i. i fi. ii a life spent iu the great hospital, ol U
The miy thiiusandsciirod a. Uiis i,H ,Tar af.
ter year, nnutm-urn. e. - cM by ,,-. re
nnrursoi i.e.- "-no, i.ri
and many other pap-'r
.. ices of whit h Imvo tippearcl ngani oi.u " -
thu puhll
atter ami
atnictvd.
Xt: 101115
ui.-iv nmr.Asr.fi HPHUDILY CUKCI1.
Persons writing khoiili be iiailicular in direcling their
uifuWsmution.jntLoN.
Of th llaltln.orcI.oclc Hospital
Jan Id, ItiU.
ULOOMSBUltG SKYLIGHT,
PISTUBS OALLEBY
.i ..w ih i-.ilxcns of Uloon
AL.",. "...:.,. i!iir ...ii nillii!! nicr .Mesr- tilonr
ll Voxl k"ry. a., I th nook6.ore whero In- hi put I'
44 ' UI 'J. i. ....iu i.v hui u hUhat uood pic.
surge chb . i -."r.Vwiicro each ncriun
ures can u.- iumii tsi.v....j .-,--
an b.) taken just as wi ll as separate
l" his gone t conidcrablo einens.! to make I I
baptised uopcr the aanio of Wi mot, but
at the same time created her tha Duchess
of Lancaster, made provision for an annu
al income for her, aud had tlio following
document grawn up :
" George It. We dcelaro the birth of
Olive, the infant of tho Duko of Cumber-
and by Olivo his Duchess, to be legitimate
who is condamncd to privacy by the act of
bigamy committed by her royal father.
"(Signed,) Warwick,
(Signed,) Chatham.
'J. WlLMOT, DU.NNINU."
So the child grew up under the name of
Wilmut, lcsidiug principally with her
grandfather, Dr. Wilinot, at Jiarton-on-
the Heath. In 1702 she married a Mr.
John Series. Seventeen years after her
marriage that is, in 1915 the late Earl
of Warwick revealed io her tho secret cf
her birth, and informed her of tho will of
Geor.'C 111., in which he gives and be
(iiieaths to "Olive, our brother of Cuni"
berlaud's daughter, tho sum of 15,000,
commanding our heir and successor to
pay the same privately to our htud neieo
for her uso, as a recompense lor tLo mis
fortunes blio may havo known through her
father."
The Duke of Kent, satisfied of tho au
thenticity of this aud other documents, be
friended Mrs. Sevres up to the day of his
death, and on his doalli-bed wrote:
"Should I not recover, I recommend
my dear cousin Olivo to my wife, who will
for my sake, lovo ana sorvo ner uuiu suu
recovers her royal rights. I solemnly re
commend my daughter to rovoro the Prin
cess Olivo of Cumberland for roy sake.
And again :
laws heretofore pa-tcd.that if this bill shall
pass, w: arc about to take a departure
from the settled financial policy cf the
Government. Wo arc about to launch our
selves, with sails set, upon an ocean cf ex
periment, upon which tho wise men who
administered tho uovcrnmout before we
came into power, warned by tho example
of other nations, would not permit it oven
to enter. I believe that this Government
has reached a crisis in it3 history. 1 be
lieve that it ia approaching a period in the
history of its legislation which may deter
mine the question of its continuance. By
wisdom it may overcome the evils of se
cession ; by its great powers aud resour
ces it may bo able .to defend itsolf against
tho-:e in arms against it ; but I firmly bo
lievo (hut it cannot maintain it-elf against
the .-hock of the accumulated and manifold
dang.ra which follow iuo.itably, closely in
the wake of an lil.'gal, unsound, and de
preciated Government p:iper eurroucy.
-i.no leatuio oi tins biil which first
striken every thinking man, even in these
days of novelties, is tho propo.-ition that
tho.c notes shall bo made a legal tender in
discharge ot all pecuniary obligations,
well tboso which have accrued in virtue of
contracts already made, as thoso which
are yet to aecruc in pursuance of contracts
which shall hereafter bo made. Do gen
tlcnien appreciate tho full import aud
moaning of that clause Do they realize
the full extent to which it will carry them?
Evory contract for the payacnt of moncv
is in legal contemplation a contract for the
payment cf gold and silver coin. Every
promissory note, every bill of exchange
every lease reserving rent, every loan of
aioney receiving interest, every bond is
sued by this Government, is a contract
Mr. PENDLETON said :
Mr. Ciiaiujian: I was glad to bear
tho announcements made by the gentleman which tho faith of the obligor is pledged
from crmont, Mr. Morrill, a member
of the Committee of Ways and Means, by
my colleague Mr. Vallandigham, by the
gentleman from New York, Mr. Roscoe
Coukling, aud by tho gentloman from
Pennsylvania, Mr. Stevens, that they
each intended to propose to tho House to
make changes in this bill, cither by way of
amendment or substitute. I do net know
that tho amount, whether rent, interest, or
principal, thrll bo paid in the gold trad
hilver com ot tho country. Every con
tract for the performance of soma other
thing than tho payment of money carries
with it, as tho penalty of ita infraetiou.lhat
these damages shall be assscsscd, and that
theso damages shall be paid, even if nec
essary at tho end of an execution, in tho
ion in tho contract itself to the contrary ?
Mr. PENDLETON. I shall answer
that question in the course of tho argument
which 1 intend to make, and I prefer to
answer it in that way.
I was saying that a power whose extent
is so groat a.i this is worthy to find a place
in the express grants of tho Constitution.
I had expected to hear the gentleman from
New York, Mr. Spaulding.J in his argu
ment upon this subject yesterday, derive
this power from the power to "coin mon
ey."' I am glad ho did cot, fcr- I think
that no etrcss of financial difficulties could
excite the honest imagination of any gen
tleman, even though upon tho Committee
of Ways and Means, to such a degree that
he could, even in its wildest flights, fancy
this power involved in tJioso words. I ex
pected to hear him derive it from the pow
er "to regulate commerce ;" iu this 1 was
agreeably disappointed. 1 know that
clause is tho .sUlkiug-horse vhioh is inndg
to carry almost every conceivable power
which any gentleman has thought it desir
able at any time that Cougrcss should ex
orcise ; and yet I know that Mr. Webster
who attributed to tho Government of the
United States more power by reason of
that clause than any other American
statesman of whom I have any knowledge,
expressly, and upon divers occasions, scout
ed the idea that by virtue of it, or of any
other clause in tho Constitution, buoIi
power was given. I know it is extremely
difficult to define with exactitude all the
powers which Congress may havo Ly vir
tur of that provision; but sir, I think it
might bo left to any fair-miuded man to
say whether a law, which provides that a
certain noto Lsucd by tho Treaeury of the
United States shall be a legal tender in
di-charge of debts alroady accrued, ii a
fair and legitimate exorciso of u power to
regulate the intercbangc of commodities,
tad their barter and sale.
The gentleman from New York, Mr.
Si'AULDixa, in his argument yesterday,
it has no power; except that which is gran
ted. It has no original powers; its powers
arcall delegated, and delegated by tho
terms of the Constitution itself. I repudi
ate the idea that all tho sovereign power
which rightfully resides in the nation
must necessarily find oxprc3sion in any
department of tho Government, whsthcr
it bo national or State. I stand upon the
provision of the Constitution, that all pow
er which is not delegated to tho Federal
Oovcrtinieui is reserved from it and tbat
all power which is not delegated to it, and
thceeby reserved from it, rcsidos either in
xho States or tho people. Thero are
many powers which arc denied by the
Constitution to tho States, and yet not de
legated to tho General Government. They
find their proper respository in the people.
I would call tbo attention of the gentle
man, in this connection, and in reference
to the argument which ho has made, to
tho fact that under tho Articles of Confed
eration tho Government of the United
States bad tho power to raise armies, to
provide a navy, to borrow money, aud to
emit bills of credit upon tho faith of tho
United States. And yet tho statesman of
that day never, even in all tho distress and
pressure of tho financial difficulties of tho
Revolution, supposed that they possessed
any such power as ihis. They desired that
tho bills emitted by the Govorunient should
bo a legal tender, ondthey passed resolu
tions that they ought to bo so considered,
but they never doomed that they had the
power to make them such, or sought to
exercise ii.
Judge Story says :
"Other emissions were subsequently
made. Tho depreciation was natural, aud
indeed a necessary consequence of the fact
that there was no f'uud to redeem them.
Congress cudeavored to give them addi
tional crodit by declaring that thoy ought
to bo a tender in payment of all private
and publio debts, &ud that a refusal to re
ceive ihe leader ought to bo an extinguish
ment of the debt, and recommending tho
States to pass such tender laws They
went even further, and thought propcr to
declare that whoever should refuse to re
ceive this paver in exchange for any prop.
crly, as gold and silver , should he deemed
an enemy of the Wxrtics of these. United
Slates, This course of violence and ter
ror, so far from aiding the circulation of
tho paper, led on to still further deprecia
tion. Now issues continued to bo mado,
until, in September, 1779, tho whole omis
sion exceeded ono hundred aud sixty mil
lions of dollars." 'i Commentaries or. the
LonstitiUion see 1359.
It seems that in thoso days they indul
ged iu the snmc hallucinations to which
that Congress might emit bills of credty,
and to deprivo Cougrcss of tho power of
inaki ng them a legal tender. He suggested
"Will it not be sufficient to prohibit tho
making them n tender J This will removo
the temptation to cunt tucui witn unjns?
views. And promissory notes, in thai
shape, may in somo emergencies the best."
A vary sharp debate followed upon tho
proposition to strike out from tho Consti
tution thu clause conferring that povrcr :
"Mr. Ellsworth thoucht this a favorite
moment to shut and bar the doer sgainsi
paper money. 'J ho mbohiefs of tho vari
ous experiments viiien nan ncen maue
were now fresh in the publio mind, and
had excited the disgust of all the retpecta
blo part of America. By withholding tho
power from the new Government, moro
friends of influence would bo gained to ij
than by almost anything else. Paper
moncv can in no caso be neccsarr. Givo
the Government credit, and other rcsour-
TLo power may do harm,
St -V i J ik
cos will cfier.
novor cood"
"Mr. Butler remarked, that paper Trae
a legal tender in no country iu Europo.
Ho was urgent forditarmiug the Govern
ment of such a power."
"Mr. Read thought tho vrords, if noi
struck out, would be as alarming as tho
mark of tho beast in Revelation."
"Mr. Langdon had rather rejected tho
whole p'an than retain the three word,
'and omit bills.'"
And on the motion to strike out thoso
words from the Constitution, it was deci
ded by a vote of niua Matca "aye," and
two States "no." The following was tho
vote ;
AYES New Hampshire, Massachu
setts, Connecticut, Pennsylvania, Dela
ware, Virginia, North Carolina, South
Carolina; iind Georgia 9.
NOES New Jersey aud Maryland-3.
Mr. Madison has appended a noto whioh
I desire to read :
"This vote in tho affirmative by Vir
ginia was occasioned by tho acquiesoencs
ot iur. iuauison, who ticcamo satisuea uiaj
striking cut tho words would not djsable
tho Government from the uso of publio
notes, as far as thoy could bo safe and
propcr, and would only cut off tho pro
text for a paper currency and particularly
for making the bills a lender cither 'fcr
public cr private debts." 1
And so thoroughly was that understood
to be the meaning and policy of tho Gov
ernment that none of tho early statesmen
cf the country, cither thoso who bad boon
present at tbo time of tho making of the
Constitution or thoso who fo.lowed so close
ly after as that thoy were familiar with
those who did uiaka it, even suggested
that luch a power existed.
Mr. Hamilton, certainly, a gentleman
somo gentlemen upon this floor, and many , - e i ,u
. 1 ' J who was in lavor ot enlarging io the
financiers in the country, seem oven yet to
bo subject that a papor-monoy system is
the best that can bo devised. So thought
these gentlemen of tho Continental Con
gress, as they woro indulging in all tha
luxury of 5300,000,000 of paper money.
"Thoy indignantly repelled tho idea, in
a circular address, that there could bo asy
violation of tho public faith plsdgod for
their redouition, or that thero did
ut
most the powers of the Governmeut, in his
very first report to Congress uon the iub
jccL of a national bauk, takes a distinction
between the emission of bills by tho Gov
ernment and tho creation of a bank with
power tc omit its own bills, Ia that fa
mous report ou a national bank, in 1790,
he uses this language :
"The emitting of paper money by tha
authority of the Government is wisely pro-
what thoso changes may be j but from gold and silver coiii of the country. Ev
ery verdict which has been rondercd(cvcry
judgment which ha3 been entered up.cvery
decree for tho payment of money, has been
made upon that hypothesis. That is the
measure of tho obligation of tho one party,
and of tho right of the other.
Tho 2rovuions cf this bill contemplate
the lau"ua"0 in which theso announce
ments were mado, I infer that they will
be rr.dical, touching uot only the provis
ion: of this bill, but all tho financial ques
tions which so gravely complicate the dif
ficulties pressing upon the country. I
shall thorcforo, sir, postpono whatever I
might desire to say in referoncc to tho
not ex-
deduced this power from tho general now-! it atnplo funds to redeem them. Thoy
rr of rhr HrwiM-nmonr T!7 inl.l us tlmt indulged in still more extraordinary delu- i hibitud to tho individual States by tho na
Congress had power to lay and collect ! tious lld veutBrc,! to "comuiontl paper , tionri CpnstUutiou j and tbo spirU of tUrt
. - - , money as oi peculiar vaiuc. iieo it ue i proiuuiuou ougitt, nut. to ue uisiugurusu uy
taxes; to raise and support armies ; to reim!mbored .' said thuv. 'that nanor mon-1 the Government of tho United States.
provide and maintain a navy; aud that all 0y is tho only kind of money which cannot
make to itself wing3 aud fly away." 2
S'ory on Constiltiiinn, sec. 1359.
When I come to exaniino tho powers of
Congress, according to tho principles ofin-
power necessary to effectuato these purpo
ses was expressly given by the general
grant of thu Constituiicn. If I should ad
mit his statement in the very lauguago in
which he has made it, am I not entitled
log-
impairing the obligation
to ask whether he has shown us any
legitimato connection bctwecd
tao power
uot ask whethar
the Covcrnmeut of tho United States.-
Though paper emissions, under a general
authority, might have somo advantages
which arc applicable to tho liko emissions
by tho States s.-parately, yet thoy arc of a
nature so liable to abuse and, it
of every coutract j tIieso vott!Z a !cSal tcuUer an1
iur; the basis up- rnis0 au anny? Might I uot
a navy? Whether impairing tho obliga
tions of contracts betweou private individ
uals throughout tho country will, in any
degveo, asbist tho Government in its great
duty of laying and collecting taxes 1 Wo
had no demonstration of tho necessity or
1 1 . ..'lit . - 1. . si 1 1 1. It
L'cneral sumect uutu tueso anicutunenis arc oi tuatiiiiui, aim uuturwur? tlio basis un-i
m-onoscd. aud confine uivself this moruinsr! on which cverv iiidi-ment and decroo and the repudiation of tho obligations of tho
somewhat strictly to the special provisions verdict has been entered, It proposes to Government to pay Us interest is a Icgiti-
of tho bill beforo tho committee. That say to a partv who has entered into aeou- lua,c mcaus Ior Fovuiing aim sustaining
bill provides for tho issuo of 5100,000 000 tract, '-You .-.ball be discharged from the
of Treasury notes of tho character ami de- obligations of that coutr ict by doing some
scriptiou therein mentioned. It provides thing else than that which you havo agreed
that thoy shall not bear interest; that thoy to do." It proposes to say to every party
shall bo payablo, at tho p.easuro of tho with whom a contract has been madu,
finupi-iunrmt.. to benrer at the Trcusurv of "Thouch vou arc entitled to demand cno
the United States, or at the offico of tho thing, you shall, perforce, remain satisfied j propriety of theso moaus to accomplish
Assistant Treasurer iu tho city of Now with tho taking of another," It propokes
York ; they shall bo receivable for all
debts and demauds duo to tho Govcrumont
aud for all debts and demands duo from
tho Government; and in tho lauguago of
tho bill,
"They shall bo lawful nionoy and a lc
y . i, i , . i.t
gal tender in payment oi an tieuia, puuno
and privato, within the United States."
I have examined, Mr. Chairman, with
coino care, every law authorizing tho issuo j vested in him by that contract. Sir, 1 am
of Treasury notes which has been passed Bl!re I need cnly stnlo tho proposition to
from tho foundation of tho Government up shock tho mind of tho legal profession of
to this hour, and I fiud that this bill dill- tho country, so thoroughly has it bfeu im-
nTf .1.:., ,v,t m .lnnr Alexand-' crs from ell of them in several esseutial bued with tho idea of tho sanctity of tho
rina's oyo, my dear cousin Olivo will pre- J particulars. Every other law authorizing obligation of contract by thoso who havo
cent it whom my dau-hter will, for my tho issue of Treasury notes provided that taught it tho beuoGoenl maxims cf censti
sako, 1 hope, lovo and e:wo, should I bc thoy should bear somo rate of interest, tutioual law.
' . . ... whorcas these aro to bear uouo ; that they i As for tho rest, this bill provides that it
part tUlS IllO. . 1 . ... ii , . J.....H. :i. 1 t-nl.9;n i. i .
to say, "Although you have agreed to pay
gold and silver, you shall be discharged
upou tho payment of these notes ; although
you aro entitled to demand gold and sil
ver, you shall rest contont with the recep
tion of this paper " It proposes, in ono
word,to release the ono party froxi tho ob
ligation of his contraot, and to divest tho
other party of tho right which has been
"Kdwaui-1' 1 should bo pnyaMo at fixed time prcscribt shall b? illcg.il to muko a contract for deal
thoso ends.
The goutleman spoko quite at largo in
rofcrcneo to tho sovereign power of tho
Government. Ho told us that this power
was uot prohibited in tho Constitution.
Ho told us that iu times of great emergen
cy everything may be douo except that
which is prohibited ; and he read au ar
gument from tho Attornoy General, which
concluds as it began, with tho proposition
that such a power is not prohibited lo
Congrats. Sis, I repudiate this whole idea
I think it has no solid foundation iu the
Constitution. Iu nil in external relations,
staudiug among the uations of the earth,
tho Govcrmcut of the United States issov
crcigu, aud is invented with all tho attrib
utcs of sovereignty; but in its relations to
its own citizens, iu its relations to tho Sta
tes, in its relations to ilt j)wucou.liiri
to abuse and, it may
iivnii l-iii ofHi'iitiwl ten norfnm nr hi'iiff nhna-
terprctation to which I havo said I adhoro eti that tho wib'doui of tuo GoverstnenS
I look to tho grant.1 of tho Constitution. wiu bo shown in ncvor trusting it-e.f with
I Cud no grant of this power in direct . the use of so seducing and uaugerous cxpe-
terms, or, as I think, by fair implication. ' nt. In times of tranquility it might
It is not an accidental omission; it is not ' liav.0 "c j11 consequence; it might eveH
... i perhaps bo managed in a way to be pro-
:in omission tiirougu inauvcrtcncy : it was , f , but. in Krcat aud trvins
intentionally loft out of tho Constitution, I emergencies, there is almo-t a moral cer-
because it was designed that tho power tainty of its becoming niiiohiovnus. Thu
should not reside in the Federal Govern- stamping oi paper is an operation n sniB
,. easier than tlio laying ot taxes tuat &
meet. . .-, . . ,, f
. , , , ,, ... ,. uovir-miiiu m tuu uracuee ot iiaiier uui
Prior to the adoption of tho Constitute Mmi3 w Pnrolv-faii in anv 3Uoh cm.
tho States had nearly ail perhaps all crgeney, to indulge itself too far in tha
emitted pnper'money, and had mado it u employment of that resource to avoid, si
Mm nnvniftnt nf ilniifs 1( 1 UlUCll aS P03MIHO, 0118 10SS SUSPICIOUS 10
was designed origionly to forbid to tho
States tho oxcrciso of that power, and to
delegate tho Federal Government; and,
necordiugly, the first draft of tho Consti
tution reported by the committee of revis
ion contained a clause prohibiting tho pow
er to tho States, and another clause grant
ing to tho Fodoral Government the right
"to borrow money and emit bills on the
credit of tho United States." When that
elauso camo up for discussion, as it ap
pears from pago 1343 of tho third volurao
of tho Madisoti Papers
"Mr. Gouverucur Morris moved tostriko
out 'aud emit bills on tho credit of tho
United States.' Ho said if the United
States had oredit, such bills would bo un
1
1 '! sTTsMMll"sMsMSiiMTsTTBl Isfc 1 II BSSBsM SVJllu
.... . . . . . .1
necessary ; it tucy nan uot, unjust ami
usclesss.
"Mr. Butlorjsuconded tho motion."
Mr. Madison thought it was advisablo to
lesvo ,jn. tliR. Cnn'tihit'nn nrnvWowJ
prcsnt popularity.'' Hamilton's Workit
vel. 3, p. 184.
Aid Mr. Webster, who followed closely
the principles of govcrumont and of finance
laid down by Mr. Hamilton, sought occa
sion several times in his speeches in Con
gress to cxpreso bin decidad and firm con
victions upon this subject. In his speech
upon tho renowal of the character of thi
United States Bank, made iu 1832 per
haps tho goutloinan from Keutuoky Mr.
Crittenden will tcmetnbtr it, as ho was t
member of the Senate at that time Mr.
Webster say :
''Congress cau aloue coin money. Con
gross can alone fix tho valuo on foreign
coir. No Statu can coin money. No
State cau fir tho valuo of foreign com.
No State, no even t ongiess tract, oan
inako anything a tender but gold and sil
ver in payment of debts." Webster's
Spexhts, vol. 2, pago 81
Ami -! 'v4a''J!rMlsr2Sjisars;
V