Charles Sumner: his complete works, volume 16 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 16 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
So much stress is laid upon the language of the five-twenties that I
cannot let it pass. The terms employed were precisely those in previous
bonds of the United States where the principal was paid in coin, some
of which are still outstanding. Had there been any doubt about the
meaning, it was fixed by the general understanding, and by special
declarations of responsible persons speaking for the Nation. On 26th
May, 1863, Mr. Harrington, the Assistant Secretary of the Treasury,
in an official letter, says: “These bonds will, therefore, be paid in
gold.” On 15th February, 1864, Mr. Field, also Assistant Secretary of
the Treasury, writes: “I am directed by the Secretary to say that it is
the purpose of the Government to pay said bonds, like other bonds of
the United States, in coin, at maturity.” On 18th May, 1864, Mr. Chase,
at the time Secretary of the Treasury, wrote: “These bonds, _according
to the usage of the Government_, are payable in coin.” Mr. Fessenden,
while Secretary of the Treasury, in his annual report to Congress,
expressed the same conclusion; and his successor, Mr. McCulloch,
in a letter of 15th November, 1866, says: “I regard, as did also my
predecessors, all bonds of the United States as payable in coin.”
There are also numerous advertisements from the Treasury, and from its
business agents, all in the same sense.
Here is a succession of authorities, embracing high functionaries of
the United States, all concurring in affixing upon these bonds the
obligation to pay in coin. As testimony to the meaning of the bonds,
it is important; but considering that all these persons represented
the National Treasury, and that they were the agents of the Nation
for the sale of these very bonds, their representations are more
than testimony. Until their authority is disowned by Congress, and
their representations discarded, it is difficult to see why their
language must not be treated as part of the contract, at least in
all sales subsequent to its publication. It must not be forgotten
that these original sales were mainly to bankers and brokers, and
in large amounts, for the purpose of resale to small purchasers
seeking investments. It was in reply to parties interested in these
resales that the letters of Assistant Secretary Field and Mr. Chase
were written, pledging the Nation to payment in coin. At the date of
these important letters Congress was in session, and, although the
opportunity was constant, there was no protest against the meaning
thus authoritatively affixed to these obligations. The bonds were
in the market, advertised and sold daily, with a value established
by the representations of these national agents; and Congress did
not interfere to set aside these representations. By subsequent
Acts similar loans were authorized, and nobody protested. There was
the supplementary clause of 3d March, 1864, for the issue of eleven
millions of these bonds, to cover an excess subscribed above the
amount authorized by the original Act.
Public-domain text, read in full here on John Shaqi.
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