private right. Such cases are clearly and unquestionably
within its operation. Still, we think its main
scope to be general and political. And this,
we think, is proved by reference to the history of
the country, and to the great objects which were sought
to be attained by the establishment of the present
government. Commerce, credit, and confidence
were the principal things which did not exist under
the old Confederation, and which it was a main object
of the present Constitution to create and establish.
A vicious system of legislation, a system of paper
money and tender laws, had completely paralyzed industry,
threatened to beggar every man of property, and ultimately
to ruin the country. The relation between debtor
and creditor, always delicate, and always dangerous
whenever it divides society, and draws out the respective
parties into different ranks and classes, was in such
a condition in the years 1787, 1788, and 1789, as to
threaten the overthrow of all government; and a revolution
was menaced, much more critical and alarming than
that through which the country had recently passed.
The object of the new Constitution was to arrest these
evils; to awaken industry by giving security to property;
to establish confidence, credit, and commerce, by
salutary laws, to be enforced by the power of the
whole community. The Revolutionary War was over,
the country had peace, but little domestic tranquillity;
it had liberty, but few of its enjoyments, and none
of its security. The States had struggled together,
but their union was imperfect. They had freedom,
but not an established course of justice. The
Constitution was therefore framed, as it professes,
“to form a more perfect union, to establish justice,
to secure the blessings of liberty, and to insure
domestic tranquillity.”
It is not pertinent to this occasion to advert to
all the means by which these desirable ends were to
be obtained. Some of them, closely connected
with the subject now under consideration, are obvious
and prominent. The objects were commerce, credit,
and mutual confidence in matters of property; and
these required, among other things, a uniform standard
of value or medium of payments. One of the first
powers given to Congress, therefore, is that of coining
money and fixing the value of foreign coins; and one
of the first restraints imposed on the States is the
total prohibition to coin money. These two provisions
are industriously followed up and completed by denying
to the States all power to emit bills of credit, or
to make any thing but gold and silver a tender in
the payment of debts. The whole control, therefore,
over the standard of value and medium of payments
is vested in the general government. And here
the question instantly suggests itself. Why should
such pains be taken to confide to Congress alone this
exclusive power of fixing on a standard of value,
and of prescribing the medium in which debts shall
be paid, if it is, after all, to be left to every State
to declare that debts may be discharged, and to prescribe
how they may be discharged, without any payment at
all? Why say that no man shall be obliged to
take, in discharge of a debt, paper money issued by
the authority of a State, and yet say that by the
same authority the debt may be discharged without
any payment whatever?