History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
Almost all the restraints imposed by the Articles of Confederation
upon the States could be removed or relaxed by the consent of the
Congress to the doing of what was otherwise prohibited. In the first
draught of the Constitution, the committee of detail inserted four
absolute prohibitions, which could not be removed by Congress itself.
These related to the coining of money, the granting of letters of
marque and reprisal, the making of treaties, alliances, and
confederations, and the granting of titles of nobility. All the other
restraints on the States were to be operative or inoperative,
according to the pleasure of Congress.[300] Among these were included
bills of credit; laws making other things than specie a tender in
payment of debts; the laying of imposts or duties on imports; the
keeping of troops or ships of war in time of peace; the entering into
agreements or compacts with other States, or with foreign powers; and
the engaging in war, when not invaded, or in danger of invasion before
Congress could be consulted. The enactment of attainder and _ex post
facto_ laws, and of laws impairing the obligation of contracts, was
not prohibited at all.
But when these various subjects came to be regarded more closely, it
was perceived that the list of absolute prohibitions must be
considerably enlarged. Thus the power of emitting bills of credit,
which had been the fruitful source of great evils, must either be
taken away entirely, or the contest between the friends and the
opponents of paper money would be transferred from the State
legislatures to Congress, if Congress should be authorized to sanction
the exercise of the power. Fears were entertained that an absolute
prohibition of paper money would excite the strenuous opposition of
its partisans against the Constitution; but it was thought best to
take this opportunity to crush it entirely; and accordingly the votes
of all the States but two were given to a proposition to prohibit
absolutely the issuing of bills of credit.[301] To the same class of
legislation belonged the whole of that system of laws by which the
States had made a tender of certain other things than coin legal
satisfaction of a debt. By placing this class of laws under the ban of
a strict prohibition, not to be removed by the consent of Congress in
any case, the mischiefs of which they had been a fruitful source would
be at once extinguished. This was accordingly done, by unanimous
consent.[302]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account