The Continental Monthly, Vol. 4, No. 2, August, 1863: Devoted to Literature and National PolicyVarious
History
The Continental Monthly, Vol. 4, No. 2, August, 1863: Devoted to Literature and National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
But suppose the bonds were sold below par, that is, that the State had
lost $170,000, or less than four per cent., on bonds for five millions
of dollars. Was that a just or valid ground for repudiating the whole,
principal and interest? The plea of _usury_ is always disgraceful, even
if true, especially where the security was negotiable to bearer and had
passed, for full value, into the hands of _bona fide_ holders. But if
such a plea is disgraceful to individuals, what shall be said when it is
made on behalf of a State? And what shall be thought of those who make
such an objection? What of a Governor, or of a United States Senator,
who urges such objections on behalf of a State? Do we not feel as if the
State were some miserable culprit on trial, and some pettifogging lawyer
was endeavoring to screen him from punishment, by picking a flaw in the
indictment. Yet such are the pleas on behalf of a State, urged by
Governor McNutt and Senator Jefferson Davis. On reference to the letter
before referred to, of Jefferson Davis, it will be found that he does
not confine himself to the constitutional objections. In his first
letter, before quoted, of 25th May, 1849, Mr. Jefferson Davis says,
'Those bonds were purchased by a bank then tottering to its
fall--purchased in violation of the charter of the bank, or
fraudulently, by concealing the transaction under the name of an
individual, as may best suit those concerned, purchased in violation of
the terms of the law under which the bonds were issued, and in disregard
of the Constitution of Mississippi, of which the law was an infraction.'
These positions are deliberately repeated by Jefferson Davis, in his
second letter, before referred to, of the 29th August, 1849. That is,
the State should pay _none_ of the money received, because the
purchaser, as alleged, had no right to buy the bonds--and because the
sale was, as erroneously stated, an infraction of the law, that is
_usurious_, or a sale below par. He insists the money was not received
by the State, because, he says, 'Mississippi had no bank, and could not
have a bank of issue, because forbidden by the tenth section of the
first article of the United States Constitution--'no State shall emit
bills of credit.'' Surely Mr. Davis must have known, that in the case of
the Bank of Kentucky, a State bank of issue owned exclusively by the
State, it was decided by the Supreme Court of the United States, that
such a bank was constitutional, and no politician of the secession
school can object to that decision. (2 Peters 257.) But however this
might be, what kind of a plea is this? Why, if, as alleged by Mr. Davis,
Mississippi had violated the Federal Constitution, by establishing a
bank of circulation, that therefore the _bonds_ of the State should be
repudiated. Is it not incredible that a Senator should assume such a
position on behalf of his State? But, if this be sound, it clearly
follows, that, inasmuch as the Confederate bonds are issued in plain
Public-domain text, read in full here on John Shaqi.
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