The Critical Period of American HistoryFiske, John
History
The Critical Period of American History
Fiske, John
United States -- History -- Confederation, 1783-1789
"Thus," says Madison, in his narrative of the proceedings, "the pretext
for a paper currency, and particularly for making the bills a tender,
either for public or private debts, was cut off." Nothing could be more
clearly expressed than this. As Mr. Justice Field observes, in his able
dissenting opinion in the recent case of Juilliard _vs._ Greenman, "if
there be anything in the history of the Constitution which can be
established with moral certainty, it is that the framers of that
instrument intended to prohibit the issue of legal-tender notes both by
the general government and by the states, and thus prevent interference
with the contracts of private parties." Such has been the opinion of our
ablest constitutional jurists, Marshall, Webster, Story, Curtis, and
Nelson. There can be little doubt that, according to all sound
principles of interpretation, the Legal Tender Act of 1862 was passed in
flagrant violation of the Constitution. Could Ellsworth and Morris,
Langdon and Madison, have foreseen the possibility of such extraordinary
judgments as have lately emanated from the Supreme Court of the United
States, they would doubtless have insisted upon the express prohibition,
instead of leaving it to posterity to root out the plague, as it will
apparently some time have to do, by the cumbrous process of an amendment
to the Constitution.
The work of the convention, as thus far considered, related to the
legislative department of the new government. While these discussions
were going on, much attention had been paid, from time to time, to the
characteristics of the proposed federal executive. The debates on this
question, though long kept up, were far less acrimonious than the
debates on representation and the power of Congress over trade, because
here there was no obvious clashing of local interests. But for this very
reason the convention had no longer so clear a chart to steer by. On the
question of the slave-trade, the Pinckneys knew accurately just what
South Carolina wanted, how much it would do to claim, and how far it
would be necessary to yield. As to the regulation of commerce by a bare
majority of votes in Congress, King and Sherman on the one hand, Mason
and Randolph on the other, were able to pursue a thoroughly definite
course of action in behalf of what were supposed to be the special
interests of New England or of Virginia. Consequently, the debates kept
close to the point; the controversy was keen, and sometimes, as we have
seen, angry.
[Sidenote: Debates as to the federal executive.]
Public-domain text, read in full here on John Shaqi.
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