History, 1838–1856, volume D-1 [1 August 1842–1 July 1843]

  • Source Note
  • Historical Introduction
Page 1484
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<February 25> sound currency for the having previously arisen. I addressed the Council at considerable  length, giving amongst others, the following hints. Situated as we are, with a flood of——  emigration constantly pouring in upon us, I consider that it is not only prudential but  absolutely necessary, to protect the inhabitants of this , from being imposed upon by  a spurious currency. Many of our Eastern and old Country friends are altogether  unacquainted with the situation of the banks in this region of country, and as they  generally bring specie with them, they are in danger of being gulled perpetually by  speculators. Besides there is so much uncertainty in the solvency of the best of banks,  that I think it much safer to go upon the hard money system altogether. I have  examined the Constitution upon this subject, and find my doubts removed. The  Constitution is not a law, but it empowers the people to make Laws; for instance  the Constitution governs the land of but it is not a law for the people. The  Constitution tells us what shall not be lawful tender, the 10 Section declares that nothing  else except Gold and Silver shall be lawful tender, this is not saying that Gold  and Silver shall be lawful tender; it only provides that the States may make a law  to make Gold and Silver lawful tender. I know of no State in the Union that has  passed such a law, and I am sure that has not. The Legislature has ceded  up to us the privilege of enacting such laws as are not inconsistent with the Constitution  of the and the State of ; and we stand in the same relation to the  State, as the State does to the Union. The clause referred to in the Constitution is for the  Legislature, it is not a law for the People. The different States and even Congress  itself have passed many laws diametrically contrary to the Constitution of the . The State of has passed a stay law making property a lawful tender  for the payment of debts, and if we have no law on the subject, we must be governed  by them. Shall we be such fools as to be governed by their laws which are Unconstitutional?  No! we will make a law for Gold and Silver, and then their law ceases and we can  collect our debts. Powers not delegated to the States or reserved from the States are  Constitutional. The Constitution acknowledges that the People have all power not——  reserved to itself. I am a Lawyer, I <am> a big Lawyer, and comprehend Heaven, Earth,  and Hell, to bring forth knowledge that shall cover up all Lawyers, Doctors, and other  big bodies. This is the doctrine of the Constitution, So help me God. The Constitution is  not law to us, but it makes provision for us whereby we can make laws. Where it  provides that no one shall be hindered from worshipping God according to his own  conscience is a Law. No Legislature can enact a Law to prohibit it. The Constitution  provides to regulate bodies of men and not Individuals.
and objected to the Ordinance regulating the  Currency from taking immediate effect. and spoke in favor of the  Bill— I invited and , who were present, to give their opinion  on the Bill. they both spoke in favor of a Gold and Silver Currency, and that it take  immediate effect in the . <The Bill was postponed until next Council.>
26 February 1843 • Sunday
<26.> Sunday 26. At home all day, my was sick with an Inflamation of the  Lungs and I nursed her with my own hands.
27 February 1843 • Monday
<27> Monday 27. I nursed my most of the day, who continued very sick.  Issued a search warrant for brother Dixon to search [George] Fidler’s and ’s houses for a box of stolen shoes.
28 February 1843 • Tuesday
<28> Tuesday 28. Mostly with my and Family. Mr. John Brassfield with whom I became  acquainted in , called on me and spent the day and night— in the afternoon was [p. 1484]
February 25 sound currency for the having previously arisen. I addressed the Council at considerable length, giving amongst others, the following hints. Situated as we are, with a flood of—— emigration constantly pouring in upon us, I consider that it is not only prudential but absolutely necessary, to protect the inhabitants of this , from being imposed upon by a spurious currency. Many of our Eastern and old Country friends are altogether unacquainted with the situation of the banks in this region of country, and as they generally bring specie with them, they are in danger of being gulled perpetually by speculators. Besides there is so much uncertainty in the solvency of the best of banks, that I think it much safer to go upon the hard money system altogether. I have examined the Constitution upon this subject, and find my doubts removed. The Constitution is not a law, but it empowers the people to make Laws; for instance the Constitution governs the land of but it is not a law for the people. The Constitution tells us what shall not be lawful tender, the 10 Section declares that nothing else except Gold and Silver shall be lawful tender, this is not saying that Gold and Silver shall be lawful tender; it only provides that the States may make a law to make Gold and Silver lawful tender. I know of no State in the Union that has passed such a law, and I am sure that has not. The Legislature has ceded up to us the privilege of enacting such laws as are not inconsistent with the Constitution of the and the State of ; and we stand in the same relation to the State, as the State does to the Union. The clause referred to in the Constitution is for the Legislature, it is not a law for the People. The different States and even Congress itself have passed many laws diametrically contrary to the Constitution of the . The State of has passed a stay law making property a lawful tender for the payment of debts, and if we have no law on the subject, we must be governed by them. Shall we be such fools as to be governed by their laws which are Unconstitutional? No! we will make a law for Gold and Silver, and then their law ceases and we can collect our debts. Powers not delegated to the States or reserved from the States are Constitutional. The Constitution acknowledges that the People have all power not—— reserved to itself. I am a Lawyer, I am a big Lawyer, and comprehend Heaven, Earth, and Hell, to bring forth knowledge that shall cover up all Lawyers, Doctors, and other big bodies. This is the doctrine of the Constitution, So help me God. The Constitution is not law to us, but it makes provision for us whereby we can make laws. Where it provides that no one shall be hindered from worshipping God according to his own conscience is a Law. No Legislature can enact a Law to prohibit it. The Constitution provides to regulate bodies of men and not Individuals.
and objected to the Ordinance regulating the Currency from taking immediate effect. and spoke in favor of the Bill— I invited and , who were present, to give their opinion on the Bill. they both spoke in favor of a Gold and Silver Currency, and that it take immediate effect in the . The Bill was postponed until next Council.
26 February 1843 • Sunday
26. Sunday 26. At home all day, my was sick with an Inflamation of the Lungs and I nursed her with my own hands.
27 February 1843 • Monday
27 Monday 27. I nursed my most of the day, who continued very sick. Issued a search warrant for brother Dixon to search [George] Fidler’s and ’s houses for a box of stolen shoes.
28 February 1843 • Tuesday
28 Tuesday 28. Mostly with my and Family. Mr. John Brassfield with whom I became acquainted in , called on me and spent the day and night— in the afternoon was [p. 1484]
Page 1484