Изображения страниц
PDF
EPUB

servants, bound or free. There are some, especially the leaders of the abolition party, who maintain that this clause indirectly empowers Congress to forbid slavery in the territories, which politically to organize is its duty, but this is obviously a mistake. Ast a general thing, nobody is naturally a friend of labor, either bound or free. Also this section, and others of the constitution in connexion with bound labor, are not partial for slavery. They but contain, as a matter of course, the provisions necessary in regard to it from a national view. The prohibition of this labor in the United States must originate with the states.

"2. The privilege of the writ of 'habeas corpus' shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it."

This privilege, which consists in the right of any person to take out an order of a judge or court, on behalf of a prisoner illegally arrested, to investigate into its causes by the competent authority, to promote, if possible, his discharge, was-in the middle ages, swarming with barons, earls, counts, dukes, and kings, all assuming, with sword in hand, lordly or sovereign rights of government or jurisdiction over their vassals or subjects-of more importance than now, but may be still of some good service in certain instances. However, in consequence of the change of circumstances in favor of liberty, the great improvement of the laws in regard to damages, the better organization of the courts, the unlimited publicity with the help of the press, this privilege, as a general thing, is more useful for the rogues to slip through the meshes of the law than for men really illegally imprisoned. Such is the influence of time. The high praises bestowed now upon this habeas corpus right are rather suspicious, while in the feudal times of Charles First they were deserved and in place.

"3. No bills of attainder or ex post facto' laws shall be passed."

Such bills would realize injustice, but not justice; for the first would allow a judgment to pass without a trial, the latter would make an act criminal which was not criminal when committed. At present an attempt to make such laws would be resented by a general outburst of indignation. It is impossible to carry one through the stages of legislation whether this clause be in the constitution or not.

Such atrocities are past. They are gone with the feudal barons

and knights. But in their places have sprung up political financiers, speculators, politicians by trade, etc., whose mischievous schemes to defeat requires the utmost vigilance, and the creation of a new privilege, perhaps, called "habeas pursam," to recover fraudulent taxes, etc.

LETTER XVII.

[ocr errors]

Negative Provisoes.- Capitation Tax. - Free Commerce and Navigation between States. - Appropriation Laws. Title of Nobility.—Presents to Officials from Foreign Princes.

LET us go straight through the negative or prohibitive provisoes now.

"4. No capitation or other direct tax shall be laid unless in proportion to the census or enumeration herein before directed to be taken."

A similar provision is contained in the second section of the first article. It is but just.

"5. No tax or duty shall be laid on articles exported from any state." Export duties are generally unjust. Such a tax would neutralize a main object of our Union, liberty of commerce, and would never be submitted to by our people after they have tasted so long the sweet blessings of liberty in this respect.

"6. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to, or from one state, be obliged to enter, clear, or pay duties in another."

This is all in harmony with a "perfect union" and the liberty of industry, whose promotion the framers of the constitution had especially in view, in contrast with Europe, where the reverse order of things prevailed at the time when the colonies freed themselves.

"7. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and amount of the receipts and expenditures of all public money shall be published from time to time."

This is an important proviso. If the appropriations are made only for the necessary national political business, with due regard to economy, no government can be cheaper than ours. But this

is actually not the case. The officials in republics are responsible to the people, and under an array of checks, which, by themselves, are well enough. Still, when the checks of all checks, honesty, is wanting, corruption will easier creep in than in monarchies, where the personal interests of the monarch and the security of his dynasty make it imperative to him to control the finances strictly. It is the general opinion at present, that our public affairs in Congress, states, and their subdivisions, are managed too expensively or not honestly. If true, it is not owing to the constitution.

"8. No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state."

This whole section is truly American, and entirely anti-European. But it is so just, time has sanctioned and approved those provisions it contains so universally—their aim and principles are so well appreciated by mankind-that even strong monarchical governments are forced by public opinion to respect them. Still, monarchs and their courts can not well exist without titles of nobility, badges, orders, and the like. The reacting effect of our simple free institutions would be more powerful, even in this regard, if our public affairs were managed with more Washingtonian honesty and dignity. To promote both, high salaries are far less commendable than integrity, and a strict vigilance of the people in regard to the business in public trust. Self-governing people must above all try to do themselves what they conveniently can. If our government is, indeed, a mere hazardous experiment as some, especially Europeans, say, it is time to undeceive them.

LETTER XVIII.

Checks upon State Legislation in regard to Treaties. - Alliance. - Money of Metal and Paper. Attainder. - Ex-post-facto Laws. - Contracts. Nobility. English Banking. - State Banks. - Merchants make their own Paper Money. Clearinghouses. Political Defaulters.- Homes, where

best.

WE come now to a section containing checks upon the state governments, to prevent them from meddling with political business not belonging to their sphere. You will readily appreciate the propriety of it.

SECTION X.

"1. No state shall enter into any treaty, alliance, or confederation, grant letters of marque and reprisal, coin money, emit bills of credit, make anything but gold and silver coin a tender in payment of debts, pass any bill of attainder, ex-post-facto law, or law impairing the obligation of contracts, or grant any title of nobility."

The objects mentioned here are either reserved for Congress (as treaties, coining of money, etc.), or are generally unjust and inadmissible in a society politically well organized. The prohibition of state bills of credit, or state paper-money, redeemable at a future day by the states, is necessary to prevent the embarrassment of the national finances and general circulation. At the time of writing the constitution there existed a flood of such depreciated state paper-money, causing much inconvenience in commerce, and ruin. Some say that bank paper-money put into circulation upon state authority is also prohibited by this clause. It will most certainly cause the same disastrous effects of state bills of credit, if irredeemable and not readily convertible into gold and silver. Those in favor of the English banking system succeeded under the plea that the people like paper money and are in need of it, in maintaining it thus far. The state bank system has been made a party issue. What influence it has upon the solidity of commerce, foreign importations, the prices of all things, the home industry, the circulation of coined money, mercantile crisis, and

the national finances in general, is not easy to ascertain. Congress has not, as yet, interfered with the bank paper-money circulated on state authority. If it should, then the matter will be thoroughly sifted.

So much is true, that merchants, as a class, are not in need of bank paper-money; because they everywhere make their own paper money, called drafts, notes, checks. According to the statistics of clearinghouses and bankers, mercantile business amounting to fifteen millions is settled or balanced with the help of about one million of specie money. The best and most solid bankers and banks decline to have anything to do with emitting paper

money..

Laws impairing the validity of contracts are the acme of injustice. States or their courts have to enforce contracts, if needful, but not to help break them. On this account states should never be defaulters. We have, alas! good grounds for complaint against several of our state governments for such faithless, dishonest conduct. Swindling corporations and associations follow in their wake. By it they undermine public morals, impair the state authority, encourage fraud, and promote injustice and general embarrassments. Women should consider well before consenting to a home in a state or city which has been a defaulter.

LETTER XIX.

Honesty. - Checks upon State Legislation in regard to Imports, Duties, Exports (under control of Congress), Tonnage, Soldiers, Navy, Treaties, War. German National Congress at Frankfort. - Greek Confederations. United States and States separate Business Concerns. - Wicked Men. Well-informed Women.

HONESTY is the best policy also for states. Let us see what is further forbidden-ground for the states.

"2. No state shall, without the consent of the Congress, lay imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imports laid by any state on imports and exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress."

« ПредыдущаяПродолжить »