History Draft [1 January–3 March 1843]
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Source Note
History draft; handwriting of and ; docket in handwriting of Robert L. Campbell; 27 pages; CHL. This manuscript covers the period from 1 January 1843 to 3 March 1843.
- Historical Introduction
resigned his office as an Alderman & was elected to fill his place
At 3 o clock the Council assembled after an adjournment for dinner, the subject of a 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 (Wasp 178) altogether— I have examined the constitution upon this subject & 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 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 & Silver shall be lawful tender this is not saying that Gold & Silver shall be lawful tender; it only provides that the States may make a law to make Gold & Silver lawful tender I know of no State in the Union that has passed such a law & 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 & the State of ; & 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 & 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, & 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 & Silver & then their law ceases & 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 & comprehend Heaven Earth & Hell to bring forth knowledge that shall cover up all Lawyers Doctors & 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 Legislator can enact a Law to prohibit it The Constitution provides to regulate bodies of men & not individuals
& Counsellor objected to the ordinance regulating the currency from taking immediate effect— & spoke in favor of the Bill— Invited & Dr. who were present to give their opinion on the bill— they both spoke in favor of a Gold & Silver currency & that it take immediate effect in the .
Sunday 26 At home all day— my was sick with an Inflamation of the Lungs & I nursed her with my own hands. was carried to Jail [p. 25]
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Document Information
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Footnotes
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Unless otherwise specified, all graphite corrections on this page are in the handwriting of Willard Richards.
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Graphite insertion probably in the handwriting of Thomas Bullock.
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Insertion in the handwriting of Willard Richards.
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69
See 26 Feb. 1843 entry in JS History, vol. D-1, p. 1484.
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