Constitutional history -- United States -- Sources; Constitutional law -- United States
The extension of the prohibition to bills of credit must give pleasure
to every citizen, in proportion to his love of justice and his
knowledge of the true springs of public prosperity. The loss which
America has sustained since the peace, from the pestilent effects of
paper money on the necessary confidence between man and man, on the
necessary confidence in the public councils, on the industry and morals
of the people, and on the character of republican government,
constitutes an enormous debt against the States chargeable with this
unadvised measure, which must long remain unsatisfied; or rather an
accumulation of guilt, which can be expiated no otherwise than by a
voluntary sacrifice on the altar of justice, of the power which has
been the instrument of it. In addition to these persuasive
considerations, it may be observed, that the same reasons which show
the necessity of denying to the States the power of regulating coin,
prove with equal force that they ought not to be at liberty to
substitute a paper medium in the place of coin. Had every State a right
to regulate the value of its coin, there might be as many different
currencies as States, and thus the intercourse among them would be
impeded; retrospective alterations in its value might be made, and thus
the citizens of other States be injured, and animosities be kindled
among the States themselves. The subjects of foreign powers might
suffer from the same cause, and hence the Union be discredited and
embroiled by the indiscretion of a single member. No one of these
mischiefs is less incident to a power in the States to emit paper
money, than to coin gold or silver. The power to make any thing but
gold and silver a tender in payment of debts, is withdrawn from the
States, on the same principle with that of issuing a paper currency.
Bills of attainder, ex-post-facto laws, and laws impairing the
obligation of contracts, are contrary to the first principles of the
social compact, and to every principle of sound legislation. The two
former are expressly prohibited by the declarations prefixed to some of
the State constitutions, and all of them are prohibited by the spirit
and scope of these fundamental charters. Our own experience has taught
us, nevertheless, that additional fences against these dangers ought
not to be omitted. Very properly, therefore, have the convention added
this constitutional bulwark in favor of personal security and private
rights; and I am much deceived if they have not, in so doing, as
faithfully consulted the genuine sentiments as the undoubted interests
of their constituents. The sober people of America are weary of the
fluctuating policy which has directed the public councils. They have
seen with regret and indignation that sudden changes and legislative
interferences, in cases affecting personal rights, become jobs in the
hands of enterprising and influential speculators, and snares to the
more-industrious and less-informed part of the community. They have
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