But the injuries inflicted upon the people by the decisions of the

courts are far greater than those resulting from legislation. By the

decisions of the supreme court of the United States, the distinction

between public and private rights has been obliterated; the constitution

of the country has become of no more binding force than statute laws.

State statutes and the decisions of state courts have been overridden

and annulled where the interests of corporations were to be subserved;

the settled decisions of the same court have been overruled, and a new

doctrine, in conflict with the settled interpretation of the fundamental

law of the land, has been announced, which makes the people the vassals

of railroad corporations. The rights of the people and the states have

been disregarded, and the edicts of the supreme court have been

substituted for constitutional law. By the decree of that court,

railroad corporations are clothed with the attributes of sovereignty,

and the people are compelled to pay taxes to aid in the construction of

their roads. That court has engaged in judicial legislation, and

fastened upon the people a despotic government, with railroad

corporations as their rulers. If it be true that railroad corporations

are public and not private, they are not subject to the control of state

courts or state legislatures. They are not by their charters, or the

powers derived from legislative grants, made public corporations, and if

they are public, they are made so by the decisions of the supreme court,

or by some assumed power not visible to the public eye. It is contended

by some, that if it is fully established that they are public

corporations, the state legislatures and the state courts can regulate

and control them. Is this so? Will not that fact take from the states

all jurisdiction over them? The decision making railroad corporations

public, also makes their roads public highways extending throughout the

country. It is claimed that the general government, having power to

regulate commerce between the states, can take control of all the

railroads in the United States. No power is conferred upon state

legislatures, in many of the states, to grant charters to railroad

companies, conferring upon them any sovereign powers. And by the

constitutions of some of the states they are deprived of the power of

aiding in any works of internal improvement. As a consequence, there

could not be uniform legislation among the states in relation to

railroads. Being public highways, and the corporations being also

public, the power of regulating and controlling them, and preventing

discrimination among the states, would belong to the general government,

and these powerful corporations, chartered by the state in which they

are located, could defy state authority. With a congress composed of

their friends, and a supreme court already committed to their interests,

the people would be powerless. But on the other hand, if (as we insist

is the fact) railroad companies are private corporations, then they are

within the jurisdiction, and subject to the control of, the authorities

of the states in which they are located. This we insist is the true

status of railroad corporations, and the courts, by their decisions,

cannot change this character. The decisions of the courts of the

different states and of the nation have not been of a character to

command the respect of the people, and unless we accept the last edict

of the supreme court of the nation, as the supreme law of the land, and

admit that it supersedes the constitutions and statutes of the states,

as well as the decisions of the state courts, it is difficult to

determine the character of railroad corporations and their relation to

the people. Accepting that decision as final, the constitution of the

United States is of but small value, and state governments are of but

little benefit to the people. Upon the various questions that have

arisen in connection with the construction of railroads, and the rights

of the people, and railroad corporations respectively, there has been

such confusion in the decisions of the courts, as well as contradiction,

reversals, and overrulings, that there now exists a necessity for the

regular issue of a judicial bulletin, like the market reports, that the

people may know what is the latest interpretation of the constitution.

By the supreme court of the state of Iowa, it was decided to be

constitutional for counties and cities to subscribe stock to railroad

companies, and that there was a statute authorizing such subscriptions.

By the same court it was decided, overruling the above named decision,

that the constitution did not confer the power to subscribe stock to

railroad companies, and that there was no law of the state authorizing

such subscription. The whole matter arose under the constitution and

laws of the state. The supreme court of the United States overruled this

last decision of the state courts, and decided that such subscription

was constitutional and was authorized by the laws of the state. The

courts of the states of Pennsylvania, Illinois, Indiana, Wisconsin,

Missouri, and others, made like decisions, and the supreme court of the

United States overruled them. The legislatures of some of the

states--Iowa, Wisconsin, and Michigan included, passed statutes

authorizing local aid in shape of a tax to be voted to railroad

companies. The supreme courts of these states decided that the statutes

were unconstitutional, and within fifteen months thereafter the supreme

court of Iowa decided that the Iowa act was constitutional. Like

decisions were made in some of the other states. In Wisconsin the state

courts decided the act was unconstitutional, and the supreme court of

the United States overruled that decision and decided that the act was

constitutional. Some of the state courts hold that railroad corporations

are private, whilst others decide that they are public. The supreme

court of the United States, by its decisions, clothes them with one of

the attributes of sovereignty, and declares that under the law they are

public corporations, and that their roads are public highways. The same

court, upon the legal tender issues, decided that treasury notes were

not legal tender for debts contracted before the enactment of the

statute providing for their issue. In a few months after that decision

was made, and after the friends of railroad corporations had so

reconstructed the court as to have a majority of the court in favor of a

re-hearing of the question, the same _high court_ decided that treasury

notes were not only legal tender for all debts (save those excepted by

the statutes), but that they were the standard of values. In all of the

above decisions made by the supreme court of the nation, either

reversing the decisions of the state courts, or reversing and overruling

its own decisions, such reversals and overrulings were in favor of the

corporations and against the people. When courts, whose duty it is to

declare the law and interpret the constitution, differ so widely and

change so often, it is not strange that the people should begin to look

with suspicion upon, and doubt the binding force of, these decisions;

and when it is received as a truth, that in the appointment of judges

care was taken to select men who were pledged to decide important issues

then pending, in accordance with the interests and expressed wishes of

railroad companies, it will not appear strange that the people, before

voting for a judge, should demand of him a pledge in favor of measures

advocated by them, or that he at least should pledge himself to abstain

from judicial legislation and from twisting the meaning of the

constitution to suit the views of the monopolists who are already

clothed with too much power. If it is important that men elected to

congress and state legislatures should be in sympathy with the people in

their struggle to regain their rights, now usurped by the different

monopolies of the country; and if it is necessary that the executive

departments of the state and national government should be filled with

men who are friends of the people and in favor of restricting

corporations within proper and legitimate bounds,--it is of vastly more

importance that the seats of justice, the courts of the country, should

be filled and controlled by men who, instead of deciding cases according

to their own personal views of what the constitution ought to be, will

accept it in letter and spirit as it is, and decide accordingly. An

inordinate desire to interpret the fundamental law, to give it a new

meaning, or, as it is commonly expressed, for amending the constitution

by judicial legislation, seems to have seized the courts, and has been

followed to such length as to make it almost impossible for even the

courts themselves to decide when an act is constitutional and when it is

not. A new decision is made as often as a new judge is appointed, not

unfrequently overruling the long settled decisions of the courts. These

decisions, no matter how absurd or unjust, must be accepted by the whole

country as the supreme law of the land. Of late years, by accident or

design, most of the decisions on questions of a general nature have been

adverse to the interests of the people, and in favor of monopolies.

Newly appointed judges, scarcely warm in their seats, have not hesitated

to overrule the decisions of "Marshall," of "Story," and "Chase;" to

disregard the views of "Webster," of "Adams," of "Jefferson," of

"Washington," and "Hamilton," on constitutional questions. Their own

personal views have been substituted for constitutional law, until the

protection that instrument is supposed to afford the private citizen is

entirely destroyed, and the absolute control of the government is

transferred to the few monopolists, who, under the sanction of the

courts, oppress the whole people. Whatever reform may be effected in the

legislative and executive departments of the government, no real reform

can obtain without a reformation of the courts.

FIFTH.--_The Effect of the Legal Tender Decision, and its

Antidote._--The power of congress to issue treasury notes and government

paper as a war measure, is not denied. The authority or the right, under

the constitution, to make government promises to pay (treasury notes)

legal tender, is not admitted. We have already treated of the legal

tender decisions; of the reconstruction of the court, and the means used

to secure the appointment of judges to insure a majority in favor of the

validity of the legal tender act, and its general application to all

debts save those excepted in the act, no matter at what time they were

contracted. We recur to this subject again for the purpose of showing

its effect upon the financial interests of the country. Whatever may

have been the views of congress in passing the act, or of the court in

declaring it constitutional, it has proved disastrous to the interests

of the people, and of great benefit to the corporate oligarchy that now

rules the country. Whatever may have been the views of the majority of

the court, or the motives that prompted and controlled that majority in

rendering the legal tender decisions, these decisions have proved

disastrous to the interests of the people, and added greatly to the

already great power of corporations and Wall street speculators. In our

commerce with foreign nations we are obliged to use _money_ or its

equivalent. While the acts of congress and the decisions of courts may

make treasury notes legal tender for all domestic debts, and all foreign

debts payable in this country, neither the acts of congress nor the

decisions of courts can have any power or controlling influence over

other nations. Debts due from us payable in foreign countries must be

paid in coin or its equivalent. Our governmental promises to pay will

not pass current as money in foreign countries, even though accompanied

and supported by the decision of the supreme court, deciding that they

are to be received by us as legal tender in all of our transactions. No

one will claim that treasury notes are money, or that they are of

intrinsic value. It is because the government is pledged to redeem this

class of paper with coin that it has a market value. All other nations

recognize coin--gold and silver--as the measure of values. It is the

standard for all other articles of barter or sale. It is _money_. All

other issues are but the representatives of money. Debts due from us,

payable in foreign countries, must be paid in money; legal tender will

not answer. But if debts due us from persons residing in other countries

are to be paid here, the debtors can take their money, buy our legal

tender at a discount of fifteen or twenty dollars to the hundred, and

discharge their debts, saving for themselves the difference between coin

and paper. The confidence we have in the promises of the government to

redeem in coin is all that makes treasury notes pass current, or gives

them a market value.

The hope of an early resumption of specie payment is blasted by the

legal tender decision. Its effect is to drain the United States of coin

in our commerce with foreign nations, thus making it impossible to

resume. Our coin grows less from day to day, and the secretary of the

treasury is obliged to sell gold in New York at short intervals and in

large amounts, in order to prevent the Wall street brokers making a

margin of twenty-five per cent or more between coin and government

paper. While stock jobbers and gold brokers make large profits in the

appreciated price of gold; and railroad companies, in paying their

bonds, make a net gain to the amount of the difference in value between

gold and legal tender currency, the farmers and producers suffer loss to

the amount of this difference in disposing of their products. When wheat

is sold for one dollar per bushel, the seller gets but eighty-four

cents, or just the value of treasury notes, and not one dollar in money,

as he imagines, because the dollar he gets has no intrinsic value, but

sells at its market worth, coin being the standard of values.

Another result of the legal tender decision is to make the value of farm

products dependent upon the operations of Wall street sharpers. Legal

tenders are the standard of values, says the court; coin and all

marketable articles have their values measured by treasury notes. The

price of treasury notes fluctuates. This fluctuation is not caused by

any real change in the relative value of coin and treasury notes, but

results from the dealings and operations in Wall street. If the "bulls"

corner gold, its value rises, or, more properly speaking, treasury notes

depreciate in value. When the "bears" control the market, the price of

treasury notes advances. This legal measure of values is constantly

changing, and with its rise and fall the prices of western products also

rise or fall. Railroads, railroad stocks and bonds, and the currency of

the country, as well as the coin, are all under the control of Wall

street operators, and as long as treasury notes are treated as legal

tender, these same operators will control the markets of the whole

country.

The legal tender acts and decisions, in effect, provide an irredeemable

paper currency for the people, and coin for the government. Duties on

imports must be paid in coin. Wall street brokers have the coin of the

country cornered; the importer must buy it of them; he pays it to the

government; government sells it to the broker, and he again sells it to

the importer. It cannot get into general use, because the brokers

preserve so great a margin between gold and paper as to drive all coin

from circulation. They monopolize the gold market, and, under the legal

tender decision, control the money market of the whole country. This

state of things must continue until the legal tender act is repealed or

the decisions of the supreme court are reversed.

The imagination cannot devise a more perfect system for the subjection

of the best interests of the people to the control of railroad and

monied corporations and companies, and Wall street brokers and gamblers.

It needed but the legal tender decision to make it perfect; to subject

the whole country to the rule of rings and combinations of unscrupulous

and dishonest men; to reduce the people to a state of vassalage more

degrading than that of the Russian serfs. In name we are a free people,

protected by the constitution of our country; in fact, we are the

servants of these giant monopolies. We retain of the proceeds of our

labor such portion as they graciously permit us to keep. With the

congress of the United States, and the legislatures of most of the

states, committed to their interests, and the supreme court of the

nation issuing its edicts in their favor, they can defy the people and

continue their oppressions.

SIXTH.--_Popular Measure of Relief Discussed.--The Nature of the Reform

Needed._--We recognize no higher human power than the will of the

people. When the servants of the people, elected and appointed to

represent their interests in legislative bodies, or to decide upon

questions affecting public interests, prove recreant to the trusts and

interests confided to them, the people--the sovereign power--can remove

them in the method provided by the fundamental law, or, if this cannot

be effected, then the people have the right, the God-given right, to

resort to nature's first law for self-preservation. If by legislation

the rights of the people are taken from them, then that power, retained

by the whole people to be exercised when their rights are refused

them--that power which is inherent in the supreme rulers of our

country--can be exercised. Under our system of government it should not

be asserted save in the last extremety. When all other means fail; when

redress can be obtained in no other way, then the people, as supreme

rulers, should arise in their majesty, and, by the exercise of their

reserved rights, _take_ what their servants have denied them. As a

people, we have not yet reached the point which would justify extreme

measures. While the different monopolies of which we have been treating,

by their shrewd management, by the use of their money, and by concert of

action, have obtained almost unlimited control of all the departments of

the government, numerically they comprise but a small part of the

population of the country. Their success is to be attributed to two

causes: their systematic organization, and their unlimited control of

the finances of the country. We might add, as a further cause of their

success, the inattention of a large majority of the people to the

political affairs of the country, and their willingness to follow a few

political leaders, to whom they seem to have entrusted the entire

control of the politics of the country. As a rule, we submit to wrongs

in the administration of the affairs of states, as well as the national

government, until we individually suffer from their mal-administration,

then, what has been termed the "sober second thought of the people"

manifests itself, and reforms are effected. The situation of the affairs

of the nation, and the great power that the monopolists have obtained in

the land, have aroused that "sober second thought," and never in the

history of our government has there been more urgent need of action on

the part of the people. Never were issues presented that demanded more

earnestly the united efforts of all who love and prize constitutional

liberty. The evils of which we have been treating can be remedied by

demanding of all who fill official positions a recognition of the

superior binding force of the constitution. It is not to be expected

that those men filling official places in the legislative and judicial

departments of the government, who, from interest and custom, have

become addicted to the habit of giving new meanings and interpretations

to the constitution, will reform the abuses that have been rapidly

accumulating, or that they will manifest any zeal or alacrity in

stripping the railroad corporations and other monopolies of the great

powers conferred upon them, or that any real reformation can be effected

without a thorough change of public servants. No matter what political

party has control of the government, or to what party the men selected

to fill the different offices belong, or with what political

organizations they affiliate, unless they acknowledge the superior

binding force of the fundamental law they should be requested to vacate

their official positions, and their places should be filled by men who

are willing to acknowledge the binding force of the constitution, and

will pledge themselves to abstain from judicial legislation. Men elected

to congress and state legislatures are the servants of the people,

elected to protect their interests; hence, their will should control the

action of members of congress and state legislatures. Being elected to

serve the people and not to promote selfish interests or support class

legislation, the people, before supporting any candidate for a

legislative office, should demand of him a pledge to labor for and

support only such measures as will tend to a restoration of the rights

that have been taken from and denied to them, and by special charters

and grants conferred upon corporations and other monopolies. Railroad

corporations being created by legislative grants, their business being

that of common carriers for hire, the legislature possesses full power

to enact such laws as will limit and restrict their charges for

transportation to a reasonable tariff, prohibit and punish extortions

and unjust discriminations, and provide for the swift infliction of

penalties whenever the laws are violated. Before the people elect any

man to a legislative office, he should pledge himself to support and

obey the requirements of the constitution, and to abstain from that bane

of a republican government, special class legislation. By supporting

only such men as would, in good faith, pledge themselves, as above

suggested, and who, as legislators, would abide by their pledges, unjust

discriminations would cease, and some of the rights of the people would

be restored. But reforms must extend beyond the points named. Railroad

companies being chartered and railroads constructed for the prosecution

of the business of common carriers, having received aid in lands and

bonds from the general government, and from states, counties, cities,

and towns, bonds and taxes, as well as special privileges not granted to

any other corporations, in contemplation of law, these companies are

bound to act honestly. It was never the intent of the legislatures (if

they acted in good faith) to create these powerful corporations, to

grant them extraordinary aid and privileges, and then allow them, by

false and fictitious reports as to the cost of their roads, to charge

unjust prices for carrying freights and passengers. By the watering

process to which we have referred, the pretended cost of the roads, as

shown from their reports, is often two or three times the actual cost,

and the rates that are charged for transportation are such as to pay

dividends not only on the cost of the road, but on the fictitious or

added stock. Indeed, in many cases the stock reported as paid up is not

paid in a legitimate manner; but when the company is organized, by

selling bonds it builds its road from the proceeds, and from the earning

of the road pays not only the interest on its bonds but accumulates a

surplus. This surplus is divided among the stockholders, not as

dividends on their paid-up stock, but is capitalized and stock issued to

subscribers. The road is made to pay the interest, and eventually the

principal, of the capital borrowed to build it, and also to earn money

enough to show a paid-up capital to the amount of the actual cost of the

road. This species of financiering on the part of the company is robbing

the people, and abusing the privileges conferred by the charter. No

thorough reform of the abuses practiced by railroad companies can be

effected until the legislatures, by statutes, compel each and every

company to purge its stock of every spurious dollar, so that the stock

of each company shall not appear to be in excess of the cost of its

road. If the legislature does not possess the power to do this, then it

has the power to create a corporation that, by arbitrarily increasing

its stock to any amount it may choose, can extort from the people

sufficient to pay the interest upon such amount, and defy the power of

its creator. The position is not sound. Any and all abuses practiced by

railroad corporations can be corrected by legislative enactment, unless

we admit that the creature is greater than the creator.

But it is claimed that if the legislatures should by statute compel

railroad companies to reduce their stock to the cost of constructing

their roads, or to their actual value, and then limit their tariff of

charges to reasonable rates, great injustice would be done the innocent

holders of their bonds; that such reduction would render it impossible

for them to pay either the interest or principal of these bonds; that

such statutes would impair the obligations of contracts; that many of

the bonds are held by widows and orphans, who would be ruined. This may

or may not be true. If true, who is responsible for it? Certainly not

the states or the people. Originally the bonds were purchased of the

railroad companies. If these companies by false representations have

obtained credit on their roads to two or three times their actual value,

the companies are the responsible parties, and not the public. While

innocent persons may suffer, their suffering results from their own

imprudence, or it is a misfortune occasioned by the fraud of the

railroad company. There is no justice in allowing these companies to

extort from the people money sufficient to relieve themselves from the

consequences of their frauds. A owns a farm worth $2,000; he represents

it to be worth $6,000, and by reason of this false representation

obtains from B a loan of $4,000, secured by a mortgage on this farm. He

fails to pay the money borrowed, and B forecloses his mortgage, and

sells the farm. It pays but one-half his judgment or decree. Would B

have any claim upon the public for the balance of his debt? He made his

own contract, and expected a profit on his investment, but was

disappointed. Under the law A had full authority to mortgage his land,

and B had the option of loaning his money to A and taking a mortgage. He

acted in good faith, and believed his security was ample, but was

mistaken. Is there any difference in principle between the case of A and

B and the purchasers of railroad bonds? Both parties will suffer loss

because of the fraud of the party with whom they dealt. Neither have any

claim upon the public in law or in equity, and both must look to the

parties with whom they contracted. The charters to railroad companies

empowered them to transact business, but did not empower them to commit

frauds, by mortgaging their roads for three times their actual value. To

require railroad companies to act honestly and charge reasonable rates

for carrying freights, does not impair the obligations of any contract.

Nor does it, to compel them to reduce their stock to what it actually

should be, measured by the value of their roads. The legislature should

be composed of men who are not embarrassed by personal interest, and who

have not received bribes. We do not claim that because of the fact that

men are stockholders or directors in railroad companies they are

disqualified for seats in the legislatures of states, or of congress.

But do insist that when men are elected for the express purpose of

advocating the increase of the already too great powers and privileges

conferred upon corporations, they prostitute their offices to base and

illegitimate purposes. When the sole aim of men elected to represent the

people is demonstrated to be to defeat every measure designed to relieve

them from the effect of unjust laws, and to correct abuses practiced by

the combined influence of corporations, they dishonor the place they

fill. The rights of the people can be neither restored nor preserved,

until legislatures are purged of this class of men. Men who receive any

remuneration from any man, class of men, or corporations, paid or

bestowed for the purpose of securing friendly legislation, are unfit to

represent the people. It makes no difference whether the consideration

is paid in money, or in _passes over the railroads_; it is given as a

_bribe_. Passes are called complimentary; they are accepted as

complimentary, yet it is a fact that these complimentary passes are

placed where they "will do the most good." They are given to

congressmen, legislators, judges of courts, and executive officers. If

it were necessary to offer proof that these passes were intended as

bribes, we need only look at the manner of their distribution to the

members of the last Iowa legislature. They were distributed among those

friendly to legislation in favor of railroads, and withheld from those

opposed to such legislation. If passes are purely complimentary, this

was wrong; but if they are given as _bribes_ it was the proper

distribution of them. The legislator who accepts a pass, and the party

giving it, should be punished under the provisions of the statutes

against "bribery and corruption in office." And the provisions of the

same statutes ought to be enforced against all persons holding official

positions in the states, and in the general government. If officers

cannot afford to pay for travel over railroads on their present

salaries, increase them so as to make them independent of railroad

companies, who estimate official integrity as being equal in value to a

pass over their respective roads. History demonstrates that in some

cases these passes have been received as full consideration for official

influence. Legislatures possess the power to regulate and control

railroad companies, and should exercise that power in every case of

abuse of their privileges by the railroad companies. Some deny the power

of legislatures to compel railroad companies to reduce their stock to

the actual cost of their roads. This power is lodged in some department

of government. We are not prepared to admit that these corporations are

supreme; that they can openly, and in defiance of law, and the rights of

the governing power, practice frauds, which, if practiced by an

individual, would consign him to prison. If the legislature does not

possess it, the courts certainly do, as we will hereafter demonstrate.

We have shown that by the manner of building roads with borrowed capital

obtained by sale of bonds, and by extortionate charges for

transportation, making their roads earn sufficient to pay dividends on

stock which had not been paid, as well as on the watered stock, the

railroad companies in the United States whose roads cost $2,456,230,000,

yet in fact representing the enormous sum of $6,236,638,749, in what

purports to be-paid-up capital stock, and bonds, were robbing the

people.

The question we are now discussing is, How to remedy these evils. Our

attempt thus far has been to demonstrate the fact that the remedy is

exclusively within the state authorities, and not in those of the United

States, and that railroad companies are private, and not public.

Adhering to these views, we contend that railroad companies are subject

to taxation at the same rate on the assessed value of their property as

an individual; and the legislature cannot adopt a different rule for

taxing railroad property without disregarding the letter and spirit of

the constitution. The chartering, regulating, and controlling of

railroad companies, and all corporations created for pecuniary profit,

must remain with the states. To concede the exercise of this power to

the national administration is to overturn republican government and

take from the people the rights and powers reserved to them and the

states; create a great central power without constitutional limit or

restitution, but governed by the personal views of those in office. We

have treated of this subject in the preceding pages, and refer to it

here in considering the remedies for the evils endured by the people. We

know that congress has granted charters to corporations organized for

pecuniary profit, and that United States courts have taken jurisdiction

of cases arising under state statutes, and disregarded the action of

state legislatures and state courts on questions affecting the interests

of railroad corporations, and have also decided that congress possesses

the power to charter railroad companies. But we do not recognize the

decisions as right, nor do we believe they will remain long unreversed.

The opinion generally prevails that railroad corporations have abused,

and are abusing, their charters; that they are oppressing the people;

that there must be a reform of the abuses practiced by them. But

differences of opinion exist as to the means to be applied. If we

recognize the people as the source of power, and that they retain all

the power they have not delegated to the government, the more nearly the

interests of the people and the companies approach each other, the more

closely they can be blended and united, and the more readily can abuses

be corrected. To divide their rights and interests; to provide different

governments, and rules of decisions for them; to make the people

amenable to state authority, while the United States authority takes

control of corporations, will create rival interests, and render

railroad companies independent of the people. If the congress of the

United States, claiming to have the constitutional right, should provide

by statute for transferring the exclusive control of railroad

corporations to the United States, an entire change of the relation

between the states and the general government would be the result. The

states would not have the power to redress any abuses of the charter

privileges granted to these companies, either by legislative enactment

or by judicial decisions. Railroad companies created by state

legislatures, and hitherto subject to the jurisdiction of the state

courts, would be released from all obligations to state government, and

from the control of state legislatures and courts. The congress of the

United States and the federal courts would have exclusive control and

jurisdiction over them, and constant confusion and conflicts of

jurisdiction would naturally follow. Such a course would confer upon

railroad companies still greater power, and place in their hands more

efficient means for oppressing the people. Another evil resulting from

such a course would be, that the whole corporate interest of the country

could combine and concentrate their whole influence for the purpose of

accomplishing any desired object. Now both congress and state

legislatures must be bought over to their support; but if the United

States government should take the whole control of corporations and

railroad companies, the whole railroad force of the country, from the

men who own, manage, and control this great interest, to the most

menial employes, could be directed to a single purpose--that of securing

congressional favor.

Now, state legislatures must be approached, and _persuaded_, as well as

congress; then a single legislative body, and that one the farthest

removed from the people, would be the only body to claim the attention

of this great corporate interest. When grants were once made to railroad

companies, and privileges conferred upon them, it would be simply

impossible to effect any change, no matter how oppressive they might be

upon the people. The idea that railroads are public highways, and that

railroad companies are public corporations, already obtains among

congressmen and in the supreme court of the United States. This is well

understood among railroad men, as well as the fact that there is an

increasing demand on the part of the people for the reform of the many

abuses that are now practiced by them. Hence their anxiety to have the

United States government assume control of railroad corporations. They

desire it for another reason: Most of the special favors and grants they

have received have been the result of bargain and sale. The same means

will be used in the future unless a thorough reform is effected, and it

will cost the corporate interests of the country less to deal with one

body representing all the states than it would to deal with the

legislatures of all the states. Another reason for this desire on the

part of railroad companies is, that the supreme court, as now formed, is

in full sympathy with them upon the points at issue between corporations

and the people.

Careful consideration and examination of this question will satisfy the

people that their only hope for the restoration and preservation of

their rights in the conflict now existing between themselves and the

railroad companies is in states retaining exclusive jurisdiction and

control of all the railroad corporations and railroads within their

respective borders. Another remedy suggested is, for the general

government to purchase and own all the railroads in the country, and

control them in the future. If this plan were feasible, it is of

doubtful wisdom. The purchase could not be made without the consent of

the owners of the roads. This consent could only be obtained upon

payment of the prices demanded, because railroad stock is not such

property as can be condemned for public use. It is not to be expected

that the companies owning the stocks and roads would sell for less than

cost; and this cost would be the amount of money represented by the

roads. This we have shown is over $6,000,000,000. To pay less than this

amount (being nearly three times their actual cost) would be aiding the

companies to defraud their creditors, for the reason that the roads are

the only security the bondholders have. The purchase of the roads would

increase the national debt to the amount paid for them, and impose

additional burdens in the shape of taxes upon the people. It would add

to the list of government officers and employes at least two hundred

thousand men, whose influence could be relied upon when the interests of

the people and those persons in office conflicted.

It may be said that the government would not operate the roads, but

would lease them. Would this afford relief? It would require two parties

to make the contract. The contractor would agree to pay a certain

stipulated amount for the use of the road. He would then fix his own

rate of charges for transportation, and being only a lessee, would be

virtually irresponsible. Government could not fix the price to be paid

for the use of the road, and also the tariff of charges. But the lessee

would demand the right to fix his own tariff in order that he might have

sufficient to make repairs, pay for the use of the road, and make his

profit. This system would be subject to the abuses of which the shippers

now complain. Irresponsible persons would often have control of these

roads, or a part of them, and a wide field would be open for fraud and

irregular practices. The wants of the people demand some other and

cheaper mode of transportation; either a cheaper system of building and

operating railroads, so that the tariffs can be reduced, or some new

method. The present roads may be superseded and another kind adopted. In

that case, the present railroad system would become of little value, and

would prove a loss to the government. Last of all, the general

government cannot go into the railroad business without contravening the

provisions of the constitution. In addition to the above reasons why the

government should not become the owner of the railroads, is this one,

which outweighs all others: It would place them entirely beyond the

control of the people. If the control of corporations is left to the

states, they are in the hands of the people; each county, town, and

neighborhood, can bring its influence to bear upon the questions at

issue. In the election of congressmen and other United States officers,

local issues are lost sight of. National questions engage the public

mind, while in the election of members of the state legislatures and

other state officers, local questions enter largely in the canvass.

Numerically, the monopolists are but a small fraction of the people;

their great strength lies in the control they have obtained over the

business and finances of the country. The people, united against the

monopolists, can elect whom they choose to any state office, and can

secure a majority in their favor. The remedy is in their own hands, and

by united action they cannot fail of success. If a reform is ever

effected, if the people ever regain their lost rights, they must

commence at the _ballot box_. The producers throughout the west and

south are largely in the majority; they can elect their own men. If they

fail to do so, if they do not themselves apply the remedy, they ought

not to complain of others because they do not apply it for them. There

need be no difficulty or delay in effecting reforms dependent upon

legislative action, provided the people are true to their own interests.

They elect their agents to act for them. If they do not elect men who

are with them in principle, sympathy, and feeling, they ought not to

complain.

But, says the reader, admitting that legislative reform can be

accomplished, how can the decisions of the courts be changed? This

question presents more difficulty. It has been the custom from time

immemorial for courts to be governed and controlled by precedents. This

is adopted in order that the law may be settled and certain. When

questions arise under statutes, the meaning of which is ambiguous,

resort is had to former decisions under like statutes, for a rule of

construction, and thus the law is _settled_. We accept the decision as

the law of the land, and to criticise it is seemed discourteous to the

court making it. To call in question the motives of the courts, or to

doubt their wisdom, is deemed rank "treason." The rule governing them

may be of ancient date; the reason for its adoption may have long since

ceased; the rule itself may be obsolete. Yet, to find a precedent for a

decision that outrages justice and is at war with the best interests of

the people, but in favor of the corporate interests of the country, this

old rule is dragged from its long repose and made the basis of new

decisions. Most of these old precedents originated in monarchical

countries, where all doubtful questions were construed in favor of the

crown, and where the rights of the people always yielded to kingly

prerogative. While precedents should have their true weight in

determining between private parties, when none of the great questions

arise affecting the national welfare, and while interpretations of the

constitution, acquiesced in for many years, should remain as the settled

law of the land, and be observed by the courts, the practice of solving

constitutional problems by resort to old monarchical precedents, and the

adoption of the reasoning of the high courts of the king's _exchequer_,

should not be tolerated in a republic. Our form of government is new.

Our courts should be the courts of the people, and not a _star chamber_

for the protection and perpetuation of the monarchical dogma, that "it

is absolutely essential to independent national existence that

government should have a firm hold of the two great sovereign

instrumentalities of the _sword_ and the _purse_," as was declared by

the supreme court of the United States, in December, 1871. Such

declarations are at war with our ideas of republican government. It has

no support save in despotic governments and decisions emanating from

them; yet it is the doctrine that must obtain, if the recent decisions

of the supreme court are to remain as the settled law of the nation. To

accept this doctrine as a final exposition of the relative rights of the

people and the government, is to acknowledge that the agents and

servants of the people, elected and appointed to office, become their

masters, clothed with imperial powers.

It is not only in the adoption of old precedents that the rights of the

people have been denied in courts, but by wresting the meaning of the

earlier decisions made by the distinguished men who graced the bench of

the supreme court in its earlier and purer days. The "Dartmouth College"

case was the first in which the rights of states or the people to

interfere with charter privileges was determined. We have given the

history of this case in preceding pages. It in no sense justifies or

supports the recent decisions of the court, as to the rights and

privileges of corporations organized for pecuniary profit. Yet, taking

the decision in that case as a precedent, the supreme court has

gradually encroached upon the rights of the people, until, under its

latest decisions, railroad corporations are public corporations, their

roads are public highways, and the property of all the tax-payers can be

taxed, and the taxes thus collected can be used by these private

corporations to pay for building and repairing their roads. This is the

latest new departure, and with the "Legal Tender" decision, makes the

interest of the whole people, as well as the value of their property,

depend upon the action of corporations.

No good reason can be shown why the decisions of courts should not be

subjected to criticism, the same as the acts of legislative bodies. The

courts are a co-ordinate branch of the government, but with a power

greater than that of the legislative and executive branches combined.

The decisions of courts render nugatory the acts of the other

departments of the government. To admit that the decisions of the

judiciary cannot be questioned, is to concede to it all the prerogatives

possessed by absolute tyrants. Not only have the people the right to

question the decisions of the courts, and if need be to examine the

motives which prompted them, but also to know the views of the men who

aspire to judicial positions, upon all questions of a general and public

nature. No candidate for judicial position should be expected to form an

opinion upon, or decide a question affecting the rights of parties until

it had been finally submitted. But, upon the great questions that

frequently arise affecting the public welfare, his views should be

publicly known. Let the people understand the views of the men seeking

for a seat on the bench, before his election, and judicial legislation

and partisan decisions will soon disappear. The judges of the supreme

court of the United States hold their offices for life, by appointment;

that court is further removed from the people than state courts. Reforms

are not easily effected. Judges recently appointed received their

appointment because of their understood views upon certain public

questions. The course of decisions of this court demonstrates that the

rights of the people are considered of less importance than the demands

of corporations, in cases of conflict. While the present system of

selecting these judges continues, with their life terms, it will be hard

for the people to regain their rights. There are times when, because of

oppressions, the people have the right to demand changes in the

fundamental law. At the present time they are demanding redress; they

are asking to be relieved from the unjust burdens imposed upon them by

companies and corporations, who are petted and supported by the supreme

court. But one certain means is left them, and that is an amendment to

the constitution, restricting their term to a certain number of years,

and providing for their election by the people. We could then free

ourselves from the burdens imposed upon us by this anti-republican

department of our national government, and take from corporations some

of their oppressive powers and privileges, now assured to them by the

decisions of the supreme court. If any relief is afforded the people

from the oppressions under which they now suffer, they must obtain it

through their own efforts. No other channel is now open. All of the

departments of the government, state and national, are more or less

controlled by the monopolies against which the farmers are now preparing

to fight. The silent ballot is the weapon to use; when used by a united

people victory is assured. It is more potent than all the appliances of

an army; more thorough in its execution than the bullet. It is the dread

of the unfaithful legislator, dishonest office-holder, and the unjust

judge. It strikes terror into the hearts of the unscrupulous men, who

are willing to sacrifice honor, country, and future happiness for the

purpose of amassing wealth, by extortions practiced upon the sweating,

toiling millions who till the ground. While partial relief may be

obtained through other channels, real, genuine, and lasting redress can

only be obtained by organized action at the polls.

How can the abuses of the transportation system be corrected? This

question is now having a practical test in Illinois, and is being

discussed throughout the country. It is being demonstrated that a _pro

rata_ tariff will not afford relief; and that some other means must be

adopted. What that may be, time will develop. No uniform _pro rata_

tariff would be just to either the companies or the people. The shipping

of way freights is always attended with more proportionate expense and

delay than at prominent and terminal points. The extensive shipper, who

loads a large number of cars for a single train, should be allowed more

favorable rates than the one who ships at some way station but one car

of freight at long intervals. The real cause of complaint is the

uniformly exorbitant rates charged for carrying freights, in connection

with the present warehouse and elevator system. The legislatures and the

courts are clothed with full power to prevent oppressive or unjust

charges for carrying freight. They care not how much per cent the

companies shall make upon their investments; but when their charges

amount to an abuse of their charter privileges the legislatures and the

courts can correct them. The rule established by railroad companies, to

force from shippers such rates as will pay interest or dividends upon an

amount of imaginary stock, is unjust. The process by which they increase

their stock to two or three times the amount invested is fraudulent. The

legislatures and the courts possess the power to compel railroad

companies to make a return of the actual amounts of money invested in

their respective roads, in order to determine whether their charges are

excessive and oppressive. Railroad companies being dependent upon state

legislatures for such grants as will enable them to construct their

roads, and being common carriers, the legislature can, by statute,

restrict the capital stock to the amount invested. If this course had

been adopted years ago many of the abuses now endured by the people

would have been prevented. Not only has the law-making power the right

to restrict the stock to the actual cost of the road, but it has also

the power to fix the maximum rates for transportation. Competition will

always have a controlling influence upon the price of any commodity, as

well as fixing the price of any species of services or labor. The

legislature has the power to enact statutes to prohibit the

consolidation of the business of railroad companies, or a combination

on their part to charge excessive tariffs; and the courts possess the

power to enforce the observance of such statutes by the infliction of

suitable penalties. In this connection the abuses practiced by the

dispatch companies may be considered. The railroad companies receive

their charters with the understanding and implied agreement on their

part that, as common carriers, they will deal honestly with the public,

and that they will furnish the necessary locomotives, cars, etc., for

the purpose of supplying the ordinary wants of the people. This they are

bound to furnish, and also to do the ordinary carrying of freights, for

a reasonable compensation.

We have already given a history of the dispatch lines, and told who

compose the companies, and how they do the business the railroad

companies agreed to transact when they obtained their charters. These

dispatch lines are a fraud upon the public, for which the companies

should be held responsible. Every dollar paid to them, in excess of the

regular rates of the railroad companies' regular tariff, can be

recovered from the companies. The fiction of hiring their roads and

locomotives to another company, and giving such company a monopoly of

the trade over their road, in order that higher rates may be charged, is

an abuse that the legislature can correct and the courts can punish. Of

the same nature are the "warehouse" and "elevator" combinations. Of

these we know what is open and visible; but of the internal workings and

divisions of the "pools," or, more properly speaking, the "spoils," we

know but little. We know that it is a means of oppression, and that it

compels farmers to sell to _inside_ men, or sacrifice the moiety of the

crop the railroad companies allow them to retain. In law, railroad

companies are bound to ship for all who pay the regular rates without

bestowing a bounty upon elevator and warehouse men; and they are also

bound to deliver the freight at such warehouses as the shippers direct.

For a refusal to do so, they are liable to the shipper for damages to

the amount of the loss suffered, and sums extorted. Shippers can compel

the companies to receive their freights on board their cars at regular

stations, and to deliver their freights at the place designated,

irrespective of any and all combinations to prevent it. To conclude

this whole matter, the people have the power to reform all the abuses

they suffer at the hands of these monopolies by the election of men to

legislative offices whose hands will not touch bribes, and by filling

the seats of justice with judges who are not so wedded to ancient

precedents as to do injustice rather than make a new departure; by men

whose chief object shall be to do equal and exact justice to all, and

not resort to judicial legislation and new interpretations of the

constitution in order to uphold and strengthen the power and advance the

interests of corporations already too powerful in the land.

In order to restore to the people the rights now denied them, and to

abridge the combined power of the monopolies who now rule the country,

the control of the finances must be taken from them. The financial

policy of the government, adopted during the late civil war as a war

measure, is still adhered to. The internal commerce of the whole country

is controlled by a few men--the same who own and operate the railroads

and rule the _business_ in "Wall street." The peculiar financial policy

of the government tends to concentrate the money of the country--to

gather it together, rather than to scatter it abroad. New York City

being the great commercial center, and the internal commerce of the

country, being under the control of a few men who make this metropolis

their principal place of business, with their vast lines of railroads

extending over the whole country, bringing to them a never-ceasing

stream of money, they are able to regulate the market value of almost

all articles of commerce, and to limit the supply of the circulating

medium as occasion serves. We have already shown the bad results of the

system upon the interests of the people, and do not intend to repeat it

here. Ordinarily, the laws of trade, of demand and supply, will regulate

and equalize the distribution of the circulating medium over the

country. Such will always be the case if no special causes exist to

prevent it. But with the railroad interest of the country controlled by

the same combination of men who "corner" all the coin in the country;

with the established policy of the government making depreciated paper

the only circulating medium, and the "legal tender" decision making this

depreciated currency the standard of values; with the constant

fluctuation of prices resulting from the above named causes--it is not

strange that these corporations and Wall street brokers control the

finances of the country. Until this control is taken from them, the

wrongs of the people cannot be redressed.

Money is said to be "power," and when a certain interest or locality has

the absolute control of this "power," all others must suffer. One means

of stripping railroad magnates and Wall street gamblers of this power

would be the resumption of "specie payment." As we have shown, under the

present financial and tariff policy of the country, this is out of the

question. With our legal tender decisions, our depreciated currency, and

our tariff system, the balance of trade is largely against us; our coin

is being shipped to other countries, not leaving us sufficient for the

purposes of resumption, or for circulation. Add to this the fact that

the Wall street brokers own or control most of what is in the country,

and the truth is patent that resumption cannot be effected until the

whole financial policy of the government is remodeled. Will an increase

of the banking facilities of the country under the present system

accomplish this object? We answer, No. An increase of banks, and of the

currency, would only afford temporary relief. Suppose $100,000,000

should be added to the present amount of currency, and that it should

all be distributed in the west and south. Wall street operators would

only have to increase their operations to gather the whole of it under

their control. They now, in their various ramifications, own and control

capital more than sufficient to pay the whole of the national debt and

leave them a large surplus. While the distribution of additional

currency through the country might afford them temporary relief, under

the combined management of railroad corporations and Wall street

brokers, and without any change in their present system, they could and

would soon absorb this surplus of currency, and resume the absolute

control of the finances of the country. The people would again be in

their power, with an additional burden imposed upon them, "to-wit"--the

payment of the interest on an additional $100,000,000 of government

bonds. Would a change in the banking system of the country take from

these monopolists the control of the finances of the country? This

would depend upon the character of the change. If the secretary of the

treasury, or his department, should retain the entire management of the

system, no real relief could be expected. While the general government

has the exclusive right to regulate the coinage and value of coin

(money), it is the assumption of power not delegated to vest in one man,

or department, the exclusive management of the finances of the entire

country, not only of the government, but of all private persons. We do

not comprehend the wisdom of fixing and limiting the amount of currency

the country may have for a circulating medium, and empowering one man to

decide, how, when, and where it shall be distributed. Conceding to the

general government the power to charter banks and issue treasury notes,

the power is not exclusive. There is no limit to the volume of gold and

silver, and if government should attempt to limit the amount of coin, it

could not do it. The laws of trade, the demand and supply, would fix the

amount. Under our present banking system, coin is driven from

circulation, and a definitely fixed amount of treasury notes and

government paper is all that the country is permitted to have for the

transaction of its whole business--and this amount must be placed just

where the comptroller of the currency shall determine.

The legal tender decisions have made the resumption of specie payment

impossible. The present banking system prevents an increase of currency

or treasury notes, and gives concentrated capital absolute and unlimited

control of the business of the country. Any other banking system, if

left under the same control, would be subject to the same objections. No

one department of the government, nor the whole government combined, can

determine the amount of currency necessary for transacting the business

of the country. Fixing the amount in the present banking act has

afforded the means to Wall street operators for "cornering" such amounts

of currency as would derange the market and depress prices. No valid

objection can be offered to what is known as the "free banking system."

Such a system, if generally adopted, would strip railroad corporations,

Wall street jobbers, and all other rings and combinations of men, of the

power to control the finances of the country. Another advantage would

result to the people: It would free them from the annual payment of from

$18,000,000 to $20,000,000 interest on government bonds purchased by

bankers and deposited with the treasury department. Such a system of

banking would reduce the margin between coin and currency and promote

the resumption of specie payment, and, instead of having only

depreciated paper as a circulating medium, we would have a currency

convertible into coin. The giant corporations and other monopolies that

now rule would be shorn of much of their strength, and the people would

be freed from their relentless grasp.

SEVENTH.--_Free Trade and Direct Taxation._--Our conclusion would not be

complete were we to omit a reference to the subject of tariff. Indeed,

it so interlaces the question of transportation and the construction of

railroads as to become an integral part of our discussion. Disclaiming

any partisan views of the question, we shall try to demonstrate that all

tariffs are unjust and oppressive. In a former chapter we have shown the

operations of our tariff, and some of its results. We now proceed to

demonstrate that the true rule in all our dealings and commercial

transactions is, _to sell where we can obtain the best prices, and to

purchase where we can obtain the desired article for the least money_.

Demand and supply should regulate the prices in our dealings, and

protective tariffs should be repealed. A "protection" that taxes

three-fourths or four fifths of the whole people, in order that the

remaining fraction may amass riches, is an oppression that ought not to

be tolerated. No class is more oppressed by protective tariffs than the

farmers and producers of the country. They do not ask, nor do they

receive any protection.

With high or protective tariffs, farmers and producers pay much more

than their just proportion to the support of the government. The

consumer simply pays tariff duties on what he consumes, while the

producer not only pays on what he consumes, but his product must pay a

large part of the duty upon what is consumed by others. The products of

the country are its wealth. No matter who is obliged to pay the duty in

the first instance, ultimately the producer must pay it. To illustrate

this proposition, let us take any given article produced, manufactured,

or constructed in the United States. There is a duty on some of the

material used in the manufacture of the reaper. The manufacturer pays

this duty, and adds it to the cost of the machine purchased by the

farmer. In the erection of factories, machine shops, furnaces, and

foundries, dutiable articles are used, all of which, in the end, must be

paid for from the products of the country. In the construction of

railroads, locomotives, cars, etc., iron and other articles are used

upon which there are high tariff rates. These duties are paid by the

companies in the first instance, the amounts paid are included in the

cost of the roads, and must be returned in shape of increased rates for

transportation over the roads. In the end these duties are paid by the

producer. Every bushel of wheat, corn, or other grain, shipped over a

railroad, pays part. Protective tariffs are so interwoven with the

construction of railroads and the internal commerce of the country that

they cannot be separated from the questions we have been discussing. All

tariff duties are direct charges upon the productions of this country,

and not on any other. Import duties are not paid by the people of the

country from whence the goods are imported, but by our own people. It

matters not who pays the tax in the first instance, in the end it must

be paid from the product of the country. The main product of our

country, especially of the west and south, being from the soil, it

follows that the farmer must pay by far the greatest portion of tariff

duties. The burdens imposed on him are more than his just share. In the

first place he pays directly the duty charged upon what he consumes, and

then pays, indirectly, much the larger part of the duties paid in the

first instance by others. He is charged with the cost of shipping his

grain to market, whether that market is in the United States or Europe,

and his product must pay the cost of shipping the return cargo from

Europe to America, with the addition of such protective duty as congress

may fix by statute. His product must bear the whole burden. "In other

words, the question of transportation is part and parcel of the tariff

question, and cannot be dealt with apart from it. Transportation is made

dear by the dearness of supplies; that is to say, the railroads are

taxed enormously, and, through the railroads, the farmers, for the

benefit of special industries. There can be no cheap transportation

without cheap iron, cheap cars, cheap stations; and, what is more, there

can be no market for American produce abroad so long as the sale of all

foreign commodities, except gold, is made as difficult as high duties

and vexatious custom house regulations can make it. Agricultural produce

at the west is now a glut; it must become more and more of a glut, if

either more railroads are opened or the cost of transportation on the

present roads is diminished, as long as new markets are not provided,

or, in other words, as long as access to the crowded regions of the Old

World is artificially impeded. Of course, there may come a time when

there will be population enough in the west to eat up all its corn and

pork; but, at the present rate of agricultural and railroad development,

this will not be witnessed by either the present generation or the next,

and the cry of the 'Granges' ought to be for a clearing of the outlets

to the Old World in all ways. To secure this, it is not enough to

cheapen transportation; we have to offer a market to the foreigner for

his commodities in order to get him to take ours."

As we have before remarked, the settled plan for raising revenue for the

support of the general government, is by import duties. By common

consent this plan has been accepted as the most feasible. While we have

been following this method from the organization of our government, by

legislation we have been making war upon foreign commerce, by imposing

tariffs for the protection and government of domestic manufactures. By

congressional enactment, we determine that we will support the

government by the collection of duties levied upon foreign imports; and

then we levy high rates of duties for the purpose of prohibiting these

foreign imports, and for building up and protecting home manufactures.

Under the present tariff, but for the fact that our own manufacturers

take advantage of the high rate of duties, and advance the price of

their own products, to the extent of the duty, foreign importations

would cease, and some other means would have to be adopted to supply the

revenue needed by the government. The only benefit thus far resulting

from our present high tariff is the enriching of a few men by the

imposition of unjust and unequal burdens upon the farming and producing

classes. It might be pertinent to inquire whether there is any justice

in any kind of tariff. All are bound to contribute their _pro rata_

share for the support of the government. In theory the property of the

country is taxed for this purpose. Such a system of taxation is just and

equitable, because it is uniform; the property of each individual pays

its _pro rata_ share, and the burden is equally divided. As we have

already shown, revenue derived from tariffs is a tax upon the labor of

the citizen, and not on the wealth or property of the country. The poor

man, the man who depends entirely upon his daily labor for the support

of himself and family, pays as much for the support of the government as

the man of immense wealth. His daily toil, considered in the light of

its value to the government, is taken as equivalent to the $500,000 of

the rich man. The industry and not the wealth of the country is made to

support the government when the revenue is derived from import duties.

No one will deny the right of the general government to provide for its

own support, nor its right to provide means to this end by the levy of

import duties; yet the wisdom of these duties does not so clearly

appear. The reader will have noticed that this method of raising revenue

operates unequally; that it gives to American manufacturers an absolute

monopoly of business; that the only reason why imports do not cease is

because the prices of American fabrics have been arbitrarily raised to

the highest point allowable without permitting the importer to undersell

the home-made article. The manufacturers, under the statute, having a

complete monopoly, are not slow in availing themselves of it, and, as a

natural result, the whole country is compelled to contribute to their

support. It may be asked: How would you provide for the support of the

government? We answer, by direct taxation, because this is a just and

equitable manner of raising revenue, compelling the wealth and property

of the country, and not the labor of the toiling millions, to support

the government. Because it will prove less expensive, and will do away

with custom houses and custom house officers, with the frauds,

swindling, and robbery, that now afflict the country. Because it will

open to us the markets of the world, and give us an outlet and market

for our agricultural products. Now the balance of trade is against us;

our country is being drained of its coin and its wealth; all productive

industries languish, because of our selfish policy of attempting to

become exclusive in our commerce.

We are content to trammel all dealings with foreign nations in the way

of barter, sale, and exchange, and send our coin to Europe, while we

use, as the representative of money, an irredeemable paper currency.

Free trade would enable us to increase our commerce and shipping on the

ocean; to arrest the stream of coin that is flowing from us to Europe;

to sell where we could obtain the best prices, and buy where we could

make the best bargains. We are in favor of direct taxation for the

support of the government, because it will simplify our revenue system,

and consequently require less revenue than is now needed. It will compel

more rigid economy in the administration of the government, and place

within the reach of the people the means of ascertaining how much is

annually expended by those in power. It will destroy one branch of the

system of monopolies that is robbing the agricultural and producing

classes of their substance. Let us not become alarmed at the thought of

this direct taxation. We accept it as the best method for raising

revenue for the support of state and municipal government, and no good

reason can be shown why the same method would not be best for the

general government. The amount to be paid by the men of wealth would be

in excess of what they now pay, because their property, and not what

they consume, would be the basis of taxation. But to the laborer with a

family, the mechanic, the farmer with small means, and to a majority of

men who now pay in shape of duties from $100 to $200 annually, the

amount required would be but a tithe of the sum now demanded. To learn

something of the rate per cent necessary to support the government, let

us look at the valuation of the property in the United States as

returned with the census in 1870. The actual amount as returned was

$14,178,486,732, call it in round numbers $15,000,000,000; a tax of one

per cent on this amount would produce a revenue of $150,000,000. The

above valuation is taken mainly from the returns made by assessors, and

is but little more than one-third of the real value. Let us double the

amount, then the value of the property in the United States will be

$30,000,000,000. By an examination of the returns it will be seen that

but little railroad property is included in the valuation. If this

property is added, the above amount will be largely increased. By

supposing the real value of the assessable property to be

$30,000,000,000; then a tax of one-half per cent would raise a revenue

of $150,000,000, a sum sufficient to pay all the necessary current

expenses of the government and leave something to apply on the national

debt. A tax of three-fourths per cent would raise a revenue of

$225,000,000, enough to support the government and pay the interest on

the whole of the national debt. Should the special tax be continued on

spirits and tobacco, then a tax of four mills would raise a sufficient

revenue for all legitimate governmental purposes. Now, a laboring man

must pay from the proceeds of his labor from thirty per cent upwards for

almost all his purchases of clothing for his family, and the same on

many other articles of consumption. If, in the course of a year, he

purchases to the amount of $150, of this sum, $50 is paid, indirectly,

it is true, but nevertheless it is paid, and is a tax. With direct

taxation, if his homestead should be worth $1,000, instead of paying $50

as he now does, he would pay five for the support of the government, and

the other forty-five dollars now paid by him from the proceeds of his

labor would be charged against the property of his rich neighbor. There

is no injustice in this method of raising revenue for the support of the

government, and its adoption would relieve the people from the

oppressions of a ring of wealthy monopolies who now control the entire

manufacturing industries of the country, and would allow the laws of

trade, of demand and supply, to fix the prices of manufactured articles.

No reason now exists for the continuance of a law that assures to the

manufacturer large dividends on his investments, while the farm products

must be sold and bartered for a nominal price. The producer asks no

protection save access to the market and the privilege of keeping for

his family and himself the net proceeds of his crops, without being

compelled to bestow one-third of it as a gratuity upon the already rich

and lordly manufacturer. This right the agriculturalists will never

enjoy until the old anti-republican theory of protective and revenue

tariffs is exploded, and the equal rights of all are vindicated. When

this tariff embargo on commerce is removed, when this blockade is

raised, and the producer can send his grain to Europe, and in return

receive such manufactured articles as he needs, without paying _royalty_

to some American lord, in shape of tariffs (ironically called

"protection") the producing classes will ask no other aid of government.

Then will appear the dawn of that universal brotherhood of man, which

sooner or later will illuminate the whole civilized world. With "free

trade" and direct taxation, a death blow will be given to monopolists,

and the burdens so long borne by the laboring and producing classes will

be lifted from them, and they will be permitted to enjoy the fruit of

their own labor.

EIGHTH.--_Patent Rights--Cash Payments Recommended in Place of Long

Standing Mortgages on the Genius of American Industry._--We have shown

some of the abuses connected with the patent system of the country, and

their effect upon the people. While the monopoly of inventions is not of

as great magnitude as some others of which we have treated, the

oppressions resulting from it are more annoying than many that engage

general attention. Inventions are patented because they are expected to

be of public benefit, and because it is but just that the inventor

should be rewarded for a discovery or invention that will advantage the

public generally, or individuals who may make use of the invention or

discovery. The monopoly given to the inventor, or discoverer, is to

enable him to compensate himself for the time, labor, and skill, as well

as the talent or genius bestowed upon the invention, and also to

encourage others to enter the lists as inventors or discoverers of new

and useful articles and principles. But our patent system was never

designed for giving a monopoly to any one who happened to shape a plow

handle different from those now in use, or who cut a thread used in

operating a sewing machine in a peculiar manner, or for the many

hundreds of trifling alterations made in many articles in general use,

or in the manner of using them. An examination of the list of patents

issued will demonstrate that not one in ten contains any new principle,

or is of any value to any one, save the patentee. The apparent ease with

which patents are obtained, and the indiscriminate manner of their

issue, is a great and growing evil that should be remedied. No patent

should be issued until a test had demonstrated its perfection and

usefulness. An examination of many articles on which letters patent have

been issued, coupled with the attempt to use them, discloses the fact

that the invention, if it ever could be of any particular value,

required further improvement to make it of such value, and that letters

patent had been issued for an undeveloped theory. If the invention had

been submitted to a practical test, this state of things would not have

occurred, and the public would not have been defrauded. Patented

articles enter so largely in the prosecution of all industrial pursuits

that it is of the utmost importance that they should be perfect in their

plans and construction, and that the government should assume some kind

of responsibility in all cases when letters patent are issued. Such

letters say in substance, that the patented article is new and useful,

and that it is reasonably fit for the work in the view of the inventor.

These letters patent are a letter of credit to the patentee; as a

license permitting him to sell his invention, and forbidding all persons

to sell or use the invention without his consent. Under the present law

it is simply a special favor, in shape of an exclusive right, granted to

an individual to defraud the persons with whom he deals. The law should

be so modified as to make the government or the examining officer

responsible in all cases when patents issued for pretended discoveries

or inventions prove to be neither new nor useful. If such were now the

law, there would be less complaint of frauds practiced by pretended

inventors, and the utter failure of patented articles to answer the

purposes for which they were intended. The law should be so amended as

to prevent oppressions and extortions in the sale and use of articles of

real merit, for which the inventor should be rewarded, and should have

an exclusive right to use and sell his invention. There should be some

limit to the price of the article. Government has given him an

exclusive right; he should be restricted to such prices as would fairly

compensate him for his discovery. His case is not like that of other

men, who in their dealings come in competition, and where this

competition and the laws of demand and supply fix the prices of the

commodities in which they deal. He has the whole business in his own

hands, and any attempt on the part of others to interfere with his

exclusive right is forbidden and punished. We have already stated that

machines sold in this country for $75 could be bought in England for

less than half that sum. Most of the articles and machines of different

kinds patented in this country, and used in Europe, are sold by the

patentees, their agents and assigns, at less than half the sums demanded

here at home. In Europe, where they have no monopoly, no exclusive

right, they come in competition with others; hence they sell at fair

prices. But in this country, where they have an exclusive right, they

extort from the purchaser from one hundred to five hundred per cent on

the cost of the article. This, government should prevent. But a better

way to adjust the whole matter between the public and the inventor would

be for the government to pay a premium according to merit, for all new

and useful inventions, and remove all restrictions. Let all be free to

make, use, and sell, not the invention, but the thing invented. This

course would require careful and thorough examination and experiment

before the principle was indorsed by the government, and the premium

paid. Or, if his invention proved to be new and useful, let government

pay to the inventor such sum as would fairly and liberally compensate

him, and give the invention to the public. Government has bestowed

immense grants of land upon railroad companies, for the avowed purpose

of assisting in the development of the country; with greater justice

could it bestow upon the whole people all useful discoveries and

inventions. Such a course, adopted and executed in good faith, would

make it impossible for adventurers, sharpers, and swindlers to impose

worthless inventions and pretended discoveries upon the government, and

then palm them off upon the people. Under the present system of

obtaining letters patent, the people are wronged and often cheated, and

for their wrongs the government is mainly responsible. Some other plan

should be adopted, which in its operations would liberally compensate

the inventor, and at the same time protect the people from extortions

practiced by the owners of valuable inventions, and also from the

thousands of adventurers who have been so fortunate as to obtain letters

patent upon pretended discoveries of principles neither new nor useful,

using their letters of credit for the purpose of defrauding the public.

CONCLUSION.--We now approach the end of our labors. We have sought to

present to the reader a candid statement of the different questions we

have discussed; to lay before him evidence of the great and growing

power of the men who are surely and swiftly getting control of the

departments of the government, and monopolizing the finances and

commerce of the whole country. In doing this we have endeavored to

direct attention to the exclusive and munificent grants made to railroad

companies, and to their abuse of these grants; to the means used by them

to get control of the legislative and judicial departments of the

government, and their apparent success in that direction; to the

abridgment of the rights of the people incident thereto; to the

dishonest and fraudulent practices of the men constructing, owning, and

operating railroads; to the disgraceful Credit Mobilier swindle, and its

influence upon the country; to the questionable position of some of the

men representing the people in congress; to the destruction of the

rights of the states and of the people; to the disregard of the

constitutional restrictions and safeguards when the interests of these

corporations were to be subserved; the purposes for which taxes should

be levied; to the nature of railroad corporations--that they are private

in their organization, and subject to the control of the people; to the

effect of the policy of affording local aid to railroad companies by

taxation, etc.; to the blighting influence attending municipal

subscriptions to railroad companies; to the impositions practiced in

transporting freights, and the warehouse and elevator abuses; to the

fraudulent increase of capital stock by railroad companies through the

watering process, and the extortions necessary to this dishonest

practice; to their relative immunity from the burdens imposed for the

support of government; to the strong grasp of consolidated capital upon

the legislation of the country; to the special privileges granted to

corporations by state legislatures; to the influence of these

corporations on the executive department of the government; to the

absolute control of the treasury and the finances enjoyed by

corporations and Wall street brokers, with the manner of doing business

in Wall street; to the influence of corporations in the selection of

judges of the supreme court, with the decisions following the

reconstruction of that court; to the banking and financial policy of the

government, and its bad results; to the tariff policy and its effect

upon the agricultural and producing classes; to the patent system and

its abuses; and finally to the fact demonstrated, that unless the many

abuses that have obtained in the land can be corrected, the people will

be justified in calling into action their inherent rights for regaining

those privileges refused to them, but conferred upon the corporations,

rings, and combinations which have obtained such great power in the

government. We do not claim that our work is free from errors. We have

sought to state the facts correctly. If they are inaccurate, the errors

are unintentional. It was not with the wish or intention of doing

injustice to any man, class of men, corporations, or officers of the

government, that we undertook this work; but with the firm belief and

strong conviction that the liberties of the people were being taken from

them, while a gigantic oligarchy was obtaining control of the

government. We believe the remedy is yet with the people; but to save

themselves prompt, speedy, and united action is imperative. We have

watched with increasing interest the growing power of corporations, for

years, hoping that the time would come when the people would awake to

the necessity of asserting their latent powers for the restoration of

their rights. The civil war and other great political questions have

engaged the public attention, while selfish and ambitious men have

combined and consolidated their wealth and corporate power for the

purpose of controlling the government and commerce of the country. Their

success has been such as to alarm the agricultural, the producing, and

laboring classes. The indications now are that active and aggressive war

will be waged against these oppressors of the people until they are

shorn of their great power and the rights of the people are restored.

Desiring to aid in this great reform, we have deemed the present a

favorable time to present this work to the public. While the combination

the people are now combatting is powerful--possessing a dangerous

influence over the legislative and judicial branches of the government,

well organized and vigorous, controlling the finances of the country and

holding our commerce in its grasp--strong in wealth, and in the extent

of its organization--notwithstanding these fearful facts, that old

republican truth still obtains, that "the people are the source of all

power." That power is now being aroused. The watchword now heard, is

"Equal and exact justice to all." That potent, though silent weapon, the

ballot, is a sure correction of all abuses when intelligently used. The

signs of the times are hopeful from the fact that, for the first time in

many years, the people, especially the agricultural, producing, and

laboring classes are taking the lead. They are reading, thinking and

acting independently of old political and partisan leaders; they are

exercising their rights as freemen. They have declared that "old things

shall be done away, and all things shall become new;" that the

government shall be taken out of the old political grooves in which it

has been running; that it shall assume new life, with the rights of the

people fully recognized. That when the rights of the people and of free

government on the one hand, and the privileges claimed by the combined

corporate interests of the country on the other, are at issue, these

rights shall not be made to yield to old precedents originating in

monarchial and despotic governments, in order that the privileges

claimed by corporations may be upheld.

The organization of the Patrons of Husbandry forms a nucleus around

which all reformers can rally. The reforms they seek will effect the

liberation of the whole people from the oppressions under which they now

suffer. Our aim is to aid in this work. We feel assured that there is an

irreconcilable conflict between the monopolies and the people; that the

powers and privileges assured to corporations are at war with republican

institutions, and hostile to the constitution of our country. To effect

reforms will require time. Some relief can be speedily obtained, but to

accomplish thorough reform, and bring the administration of the

government under the control of the people, will require that the

offices shall be filled by men whose education and pursuits have been

such as to place them in full sympathy with the people--men who will not

spend their time as legislators and judges in discussing federal

prerogatives, and classing our republican government with old time

despotisms. The doctrine that corporations are subject to legislative

control must be fully established as the fixed and settled policy of our

government. When this point is reached, the farmer will not be obliged

to divide his crops with railroad companies--and so with all other

abuses. The power to correct all abuses must remain with the people. The

prosperity of the people, the perpetuity of our form of government, the

rights of the states and the public can only be preserved by guarding

against all encroachments made upon free institutions, whether they

originate in congress or out of it--whether they are enunciated from the

bench of the supreme court, or from the stump. In these days when the

tendency is to a strong centralized government--when a few men control

the finance of the country--when the whole commerce of the country is

controlled by Wall Street gamblers--when special grants and privileges

are bestowed upon companies and individuals, and when the property of

each individual is insecure and liable to be assessed for the building

of railroads--at this time, there came from Justice Bradley of the

supreme court of the United States, these ominous words: "It is

absolutely essential to the independent national existence that

_government_ should have a firm hold on the two great sovereign

instruments of the _sword_ and the _purse_." This announcement is made

from the bench of the supreme court of the United States, on the

fifteenth of January, 1872. The government must have a firm hold on the

purse and sword. This is the declaration of the court made but a few

months before it decided that railroad corporations were public, and

that the property of private third parties of the whole people could be

taxed to build them. We claim that under our form of government the

people are the power to retain the control of the purse and sword; that

to place them together in the hands of those persons who fill, for the

time being, the government offices, is to take from the governing power

its rights. But when the people's purse and the government finances are

subject to the action of corporations and rings, the special favorites

of the courts, the people are imperatively called upon to arise and

assert their rights as freemen--to throw off this oppressive yoke--to

stamp with the seal of condemnation, not only the enunciation of such

anti-republican sentiment, but the judge who uttered it. The real

question at issue between the people and monopolies fostered and

protected by government is, whether the people shall rule, or remain the

servants and vassals of the monopolists. The final determination of this

question will decide whether we are to live under the republic planned

and formed for us by our revolutionary ancestors, or are to submit to

the oligarchy shaped for us by recent enactments and decisions in favor

of a class of men, who, for the sake of private gain, are overturning

and destroying our free institutions. The issue is fairly presented; the

lines distinctly drawn. The corporate hosts are marshaling their forces;

the people, under the lead of the tillers of the soil, are preparing for

battle.

When the Union was threatened with disruption, and the armies were about

to engage in conflict, they armed themselves with the death dealing

sword and gun. Hundreds of thousands of brave and patriotic men proved

their devotion to their country by the sacrifice of their lives for its

preservation. No such sacrifices are now demanded. In a legal,

constitutional manner, these corporations, rings, and combinations, can

be routed "horse, foot, and dragoons;" their friends "at court" can be

displaced; their paid agents and attorneys can be driven from the halls

of congress and state legislatures; their judges can be invited to

vacate their seats that others, elected by the votes of the people, may

fill them; and the standard of "equal rights" can be again reared aloft

without the use of bullets or the shedding of blood.

But after all these errors and abuses shall have been corrected, other

questions will arise. The farmer of the west and south must have cheap

transportation to the seaboard. It may be demonstrated that our present

system of building railroads will not answer the purpose because of the

great expense of constructing and operating them, and that other means

must be adopted. Under the constitution the general government has

exclusive maritime jurisdiction, and can make canals and slack water

navigation. History demonstrates that water transportation is always

cheapest. The government should provide for water transportation from

the great agricultural centres to the sea-board. This kind of

improvement the general government can lawfully make, and an expenditure

of a small part of the wealth bestowed upon private railroad

corporations would open up water channels, affording cheap

transportation from the west to the east and south. Grain and meats

could then be shipped to the sea-board at such rates as would warrant

their transportation to foreign markets, which, with the abolition of

protective duties, would furnish the farmer a good sale for his

products, and an opportunity of purchasing his supplies free from the

bounty he now pays the eastern manufacturer. With such means for

shipping the farm products of the west and south, with protective

tariffs abolished, and the financial policy of the nation so changed as

to furnish to the people the same kind of money used by the government,

with "specie payment" resumed, and the large margin between coin and

paper removed, prosperity would again attend farming pursuits, and

contentment would fill the land.

With all the advantages Providence has given us in this great country,

with the pure and simple republic bequeathed to us by the heroes and

statesmen of Seventy-Six, we ought to be a prosperous and happy people.

But, with the blighting curse of oppressive monopolies fastened upon us,

upheld by bought legislation and strengthened by the decisions of judges

and courts, who, from education, occupation, and sympathy with the

oppressors of the people, or from baser motives, have become the special

guardians of the monopolists, the laboring and producing classes find it

difficult to live, and, in many instances, are being reduced to absolute

want. The farmer has abundant harvests, but their value is absorbed in

oppressive charges for transportation to market, and he is bound down

with onerous and unequal taxes until his labor has ceased to be

remunerative. While this is true of most industrial pursuits, the

manufacturer, protected by the government, the moneyed men of Wall

street, who operate in gold and stocks, and the railroad men, who are

protected by the decisions of the courts of the country, all amass

princely fortunes--the result of special privileges bestowed upon them.

As a necessary consequence, the interests of the country are being

divided. A moneyed "nobility" are arrayed against the laboring and

producing classes. Special privileges, at war with republican

institutions, are granted them; their wealth is virtually exempted from

taxation, and they are fast becoming the governing power, while those

who produce the wealth of the country are compelled to spend their

strength and devote their lives to the business of adding to the wealth

of their oppressors. It may be asked why this state of things exists.

There are two reasons for it. First, the indifference manifested by the

people to the affairs of the government; their willingness to allow

others to direct and control the affairs of the nation, while they

devote their time to their own personal interests, seemingly forgetful

that they have any interest in national affairs, or in the

administration of their own state government, and permitting those who

now oppress them to shape legislation, and to obtain those grants and

privileges which have now become the means of their oppression. The

second cause is the disposition of those in power to override and

disregard constitutional restrictions. During the civil war the

constitution possessed no restrictive force. The law of necessity

governed; the personal will of those in office was the supreme law. Acts

of congress were passed with direct reference to a state of war, and

decisions of courts were controlled by the same causes. With the return

of peace these laws remained unrepealed; the decisions of courts

remained unreversed; constitutional restrictions were deemed irksome and

of little moment. Laws remained on our statute book which contravened

the plain provisions of the constitution, and the decisions of courts

have continued in the same channel, until the great charter of our civil

liberty, has become obsolete, and the personal opinions of courts, like

the edicts of a monarch, have become the supreme law. Under this

species of legislation, and this class of decisions, these great

oppressors of the country have grown up until their power is superior to

that of all other interests, and not unfrequently defies the law. The

first great reform to be effected is to re-establish the supremacy of

the constitution, and to demand of courts and legislators a strict

observance of its provisions. When this is effected, the rights of the

states and the people will be protected. The courts of the United

States, and all other departments of the government, must remember that

in our republican system the federal government is limited and

restricted to the exercise of such powers as are expressly delegated to

it, and that all attempts to confer special charters and privileges upon

private companies are usurpations. They must remember that we have no

government with kingly prerogatives; that in a republic the people

retain control of the _purse_ and _sword_, and that the liberties of the

people, the equality of all before the law, as well as the perpetuation

of republican institutions, are in the care and keeping of the sovereign

people.

That there should be some means adopted to arrest this great and growing

power of corporations is now forcibly demonstrated. Since writing the

preceding pages, still another fatal stab has been given to the

republic. Vanderbilt, the leader in the raid made by corporations upon

the liberties of the people, and also an operator in Wall street

gambling, has added to the other roads under his control the Lake Shore

& Michigan Southern railway, and now controls the commerce of the west

with the seaboard, and can fix the price of a barrel of flour, or bushel

of wheat or corn, and from his decision there is no appeal. Extending

these monopolies still further, Vanderbilt and his co-conspirators are

about to take control of all the telegraph lines in the country, and

dictate to the whole people the price to be paid for dispatches. Thus

these enemies of republican government are surely getting control of all

the business and commerce of the country. The finances, the carrying

trade, the produce market, the price and sale of manufactured articles,

and the means of communication between the different portions of the

country, are all passing into the hands of the enemies of the people. At

the present time if any railroad company attempts to act independently

and honestly, this combination of sharpers and swindlers make war upon

it and force it to surrender, or drive it into bankruptcy.

No wonder that the people are becoming alarmed, and are preparing for

the conflict. The attempt made to dissolve the Union was an open and

bold one. The people met the issue, and triumphed. The attempt made to

divide the country aroused the national patriotism. The attempt of this

great combination of monopolists to obtain absolute control of the

government, the finances, and commerce of the country, presents more

serious cause for alarm than did the attempt to dissolve the Union. Our

institutions cease to be of any value when they are perverted to means

of oppression. When men in high official positions trifle with the

liberties of the people and encourage their oppressors, an indignant

constituency should hurl them from power. If, knowing the wrongs that

are committed against us, the encroachments being made on our liberties,

the threatened and partially accomplished destruction of republican

institutions, we silently acquiesce, we are not freemen, and we deserve

to be held as the bond-servants of our oppressors for all time to come.

But while the people are long-suffering and patient under adversity,

there is a point beyond which their oppressors cannot venture without

arousing them to action. That point is now reached; the fiat of the

sovereign power in this land has gone forth; the voice of the people is

heard from all portions of our common country demanding redress, and

that the government shall be brought back to constitutional limits; that

the power of their oppressors shall be destroyed; that their rights as

freemen shall be restored to them; that the halls of legislation and the

courts of justice shall be filled by men who do not legislate for

bribes, and who administer justice without respect to persons or

interests, and prize constitutional restrictions and the liberties of

the people above the interests of corporations and rings formed to

oppress them. If redress cannot be obtained at the ballot-box; if the

influences which now control the government and business of the country

cannot be overcome; if redress is denied in legislative halls and in the

courts--then the people have the right, the "God-given right," to arise

in their sovereign power and take what their servants have refused to

give them. If reform cannot be obtained, or the wrongs of the people

redressed in any other method, a resort should be had to

_revolution_--peaceable, if possible, but such as will bring the country

back to the days of its purity, and compel all to acknowledge the

_sacred_ binding force of the constitution.

Having an abiding confidence that the reform being inaugurated by the

farmers of the country will advance to a triumphant issue, we present

this volume to the public, as an humble but honest champion of the

cause, acknowledging its imperfections, expecting criticisms and

condemnations from the monopolists and their dependents, but asking a

careful perusal and earnest consideration of the doctrine advocated.

APPENDIX.

CHAPTER I.

As our position on the "Legal Tender" decisions and their effect upon

the finances and commerce of the country have been controverted by some

of the _legal men_ to whom we have shown our manuscript, at the risk of

wearying the reader, we quote the dissenting opinions of the late Chief

Justice Chase, and his associates, on the points at issue in those

cases, feeling assured that these opinions fully sustain us. If our

views are correct as to the effect of these decisions upon the best

interests of the country, and their tendency to increase the power of

the combinations that now have such control over the different

departments of the government, as well as the financial and commercial

interests of the country, it follows that no real relief from the

oppressions under which the people are suffering can be obtained until

the legal tender statutes are repealed, and the latest decisions of the

supreme court as to their constitutionality and scope are reversed.

We have claimed that those decisions were in conflict with the

provisions of the constitution. Our position is supported by the

opinions quoted. We have said that the supreme court of the United

States was reorganized in the interests of railroad corporations and

other monopolies, before the legal tender questions were re-argued and

reversed. The opinions quoted sustain us in this particular. But we

desire the reader to examine these opinions and determine for himself.

CHAPTER II.

DISSENTING OPINION OF CHIEF JUSTICE CHASE.

We dissent from the argument and conclusion in the opinion just

announced.

The rule, by which the constitutionality of an act of congress passed in

the alleged exercise of an implied power is to be tried, is no longer,

in this court, open to question. It was laid down in the case of

_McCulloch_ v. _Maryland_, by Chief Justice Marshall, in these words:

"Let the end be legitimate, let it be within the scope of the

constitution, and all means which are appropriate, which are plainly

adapted to that end, which are not prohibited but consistent with the

letter and spirit of the constitution, are constitutional."

And it is the plain duty of the court to pronounce acts of congress not

made in the exercise of an express power nor coming within the

reasonable scope of this rule, if made in virtue of an implied power,

unwarranted by the constitution. Acts of congress not made in pursuance

of the constitution are not laws.

Neither of these propositions was questioned in the case of _Hepburn_ v.

_Griswold_. The judges who dissented in that case maintained that the

clause in the act of February 25th, 1862, making the United States notes

a legal tender in payment of debts, was an appropriate, plainly adapted

means to a constitutional end, not prohibited but consistent with the

letter and spirit of the constitution. The majority of the court as then

constituted, five judges out of eight, felt "obliged to conclude that an

act making mere promises to pay dollars a legal tender in payments of

debts previously contracted is not a means appropriate, plainly adapted,

really calculated to carry into effect any express power vested in

congress, is inconsistent with the spirit of the constitution, and is

prohibited by the constitution."

In the case of the _United States_ v. _De Witt_, we held unanimously

that a provision of the internal revenue law prohibiting the sale of

certain illuminating oil in the states was unconstitutional, though it

might increase the production and sale of other oils, and consequently

the revenue derived from them, because this consequence was too remote

and uncertain to warrant the court in saying that the prohibition was an

appropriate and plainly adapted means for carrying into execution the

power to lay and collect taxes.

We agree, then, that the question whether a law is a necessary and

proper means to execution of an express power, within the meaning of

these words as defined by the rule--that is to say, a means appropriate,

plainly adapted, not prohibited but consistent with the letter and

spirit of the constitution--is a judicial question. Congress may not

adopt any means for the execution of an express power that congress may

see fit to adopt. It must be a necessary and proper means within the

fair meaning of the rule. If not such it cannot be employed consistently

with the constitution. Whether the means actually employed in a given

case are such or not the court must decide. The court must judge of the

fact, congress of the degree of necessity.

A majority of the court, five to four, in the opinion which has just

been read, reverses the judgment rendered by the former majority of five

to three, in pursuance of an opinion formed after repeated arguments, at

successive terms, and careful consideration; and declares the legal

tender clause to be constitutional; that is to say, that an act of

congress making promises to pay dollars legal tender as coined dollars

in payment of pre-existing debts is a means appropriate and plainly

adapted to the exercise of powers expressly granted by the constitution,

and not prohibited itself by the constitution but consistent with its

letter and spirit. And this reversal, unprecedented in the history of

the court, has been produced by no change in the opinions of those who

concurred in the former judgment. One closed an honorable judicial

career by resignation after the case had been decided, after the opinion

had been read and agreed to in conference, and after the day when it

would have been delivered in court, had not the delivery been postponed

for a week to give time for the preparation of the dissenting opinion.

The court was then full, but the vacancy caused by the resignation of

Mr. Justice Grier having been subsequently filled and an additional

justice having been appointed under the act increasing the number of

judges to nine, which took effect on the first Monday of December, 1869,

the then majority find themselves in a minority of the court, as now

constituted, upon the question.

Their convictions, however, remain unchanged. We adhere to the opinion

pronounced in _Hepburn_ v. _Griswold_. Reflection has only wrought a

firmer belief in the soundness of the constitutional doctrines

maintained, and in the importance of them to the country.

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