In response to a resolution of the Legal Tender Club, of St.'Louis, Mo., THE HON. JOHN MAGWIRE -delivered the following address in Turner's Hall, on Saturday evening, April 22, 1876:. I have been requested by members of the Legal Tender Club No. 1, of the City of St. Louis, to furnish such facts as I may -think tend to show that the present high rate of taxation and rate that Congress has fixed for interest to be paid on the National Debt, is the primary cause that hash produced the present conflict and antagonism between productive labor aid unproductive capital. And if it can be made manifest that the present high rate of the tax on productive industry has resulted in discord and strife, then the remedy, and the only remedy, is to lower the rate of taxation -so as to produce a proper equilibrium; that is to say, there should be established some plan for an equitable distribution of the net productions of labor and capital. Now, in order to establish and carry into effect a plan for lowering the present high rate of taxation (and when I use the word taxation, I include the rate of interest the government fixed,on the public debt), for all interest paid for the loan or hire of money, is a tax on labor, and is paid by labor. Now the question as to whether or not this high rate of taxa"tion can be reduced to the rate of increase in the national wealth by natural production (which is at the rate of 3~ per cent. per annum compounded), is a question of power, and it is with that question that I wish to deal. And in dealing with the question of power, I have made no attempt at fine writing. I have confined myself to a statement of 2 facts that are upon the record, and without any regard to the rules of rhetoric, the correctness of diction, or ornaments of style: "When important interests are at stake, when momentous questions are to be considered, elaborate oratory is contemptible." - Webster. By the law of nature, which, says Sir William Blackstone, is coeval with mankind, and dictated by God himself, every community has. an inherent right to provide the means to relieve their necessities. This inherent right need not be declared, it is older than written constitutions or municipal laws. An eminent Doctor of the Divine Law states: "God, when he created man, did not deliver him to the mercy of chance; He gave him the right of fulfilling his necessities, and has imposed on him the care of his own preservation as a duty." And when the Almighty created the human race, ample provision was made for their sustenance: "Of the things pertaining to this earth, there are some which belong to us in common with all others, such as light, air, water and the soil." Now, of those common gifts, no one is entitled to a surplus which will deprive another of a sufficiency. There is, however, but one of the common gifts that man can be deprived of a sufficiency, and that is the one most essential for his existence, namely —a sufficiency of the soil as a right belonging to every individual. Without that sufficiency of the soil, man would be rendered incapable of fulfilling the duties imposed on him, namely-the care of his own preservation." The main inquiry as to the amount of soil man is entitled to as a sufficiency, is readily answered in the abstract. It cannot be a less quantity than that necessary to provide himself with shelter, and he is not entitled as a gift to any greater quantity. Man, being provided with shelter, is at liberty to pursue whatever calling his genius, talents or tastes may lead him. But in the event of failure to support himself by his industry, or inability to find employment for a time, he is entitled to a shelter to fall back upon. And it is the chief duty as well as the prime interest of the State, to provide for the support of the individual citizen. The State never can survive the loss of the citizen, or the citizen the loss of his sufficiency. 3 I do not mean that the State ought to support the citizen. He must support himself. But it is the duty as well as the interest of the State to provide that the citizen, with the co-operation of his means for labor, should have the uninterrupted privilege of taking to himself a sufficiency of the soil as a right belonging to him, as a common gift, in order that he may fulfill all the requirements of the care for his own preservation as a duty. This, my friends, is a question that underlies the financial question, and one of far greater moment to the American people in its consequences, than all others that may arise in our system of political economy. This important question I have had much at heart for several years. I have hitherto elaborated it fully as to the plan for carrying it into practical effect, it has been submitted:to some of the most eminent philosophers and jurists in the land,,and by them endorsed. I cannot argue the financial question without founding it upon the avowal that it is essential for communities to exercise their *inherent right to provide the means to relieve their necessities whenever the exigencies happen. It is upon this inherent right of self-preservation, one of the most sacred rights that God has given to' man, that we derive the power to provide ourselves with all things needful for our preservation; nay, it is a duty imposed upon man by the Creator. The necessities of a nation beget its attributes, and every;community, being endowed with the power for self-preservation,,can exercise that inherent power as they may think best for the common good. "But there must be government and the obligations of obedience. There is no theory so clear, simple and solid." The authority which commands obedience should be legitimately established. Now, this brings us to the inquiry as to how legitimate author-,ity may be established? Wherever sovereignty resides in a nation: government belongs. When John C. Calhoun was asked the question: "What is government?" He answered promptly: "It is the will of the governed." That may be true of a monarchy, but in a republic 4 it is the will of the governor, that is to say, in republican America the government is the will of a majority of all the electoral people of all the States? hence, in our republic the government belongs to and is inherent in the people. But agents to perform the duties thereof are necessary, and. therefore are created-say a President, a Congress, a judiciary. This agency is not the government, however, nor is there a sentence or word in the Constitution of the United States which so, denominates them. In a monarchy the government and the people are distinct. bodies-kings, lords and commons, as in Ecclesiastes, the clergy and the laity. In a republic the people and the government are one and the same; hence, the agencies of this republic, commonly called the government, are but a delegated body, and cannot, in the very essence of their creation, perform any of their functions without authority from their principal. When those agents go. beyond their jurisdiction, and undertake to exercise powers not granted or specifically stated in the charter, their acts are void,, and must necessarily be so, if the life of the republic is of any valh. Now, in order to settle the question of power, I have briefly referred to the facts of history-facts that I did not make, nor can I alter them. It is, therefore, upon those historical facts that we derive the power to provide ourselves with the means necessary for self-preservation. The question now in hand is simply this: How is the present high rate of taxation to be reduced? The question of power to. lower the rate is not open to controversy. This power resides in the sovereign and not in the agents, and can be exercised as the sovereign may think proper; that is to say, the agents whom the sovereign may appoint can be instructed by positive order to carry into effect the will of the sovereign. The Congress can not, therefore, plant themselves on the power granted in the Constitution, to make money for any other purpose than to supply the National Treasury with a sufficient amount of legal tender tokens of sovereign power, which will enable that officer, at all times, to meet demands that may, from time to time, be proved up against the government, and that officer (the Secretary of the Treasury) is appointed for no other purpose than to keep safe the legal tender tokens of sovereign power placed in his hands, and to tender those tokens in payment of all proved claims that may be presented. This is all of the functions the Secretary is required to perform, and when he appears upon the floor of Congress, acting as a lobbyist for money rings, or making suggestions as to what uses may be made of the money token after it has left the treasury, he is forgetful of the dignity as well as the duties of his station, and he ought therefore be required to keep in his proper legitimate position. Great stress is put upon the power granted to Congress in the Constitution in regard to furnishing the treasury with that which shall be a legal tender for all demands proved up against the government. And here again and again I repeat the fact that the Congress has no power in the Constitution, or out of it, to issue the token of sovereignty for. any other purpose than is sufficient to supply the National Treasury with the amount needed to carry on the government and meet appropriations or demands against the government. And the Secretary is prohibited by express words in the Constitution "from allowing any money to be withdrawn from the treasury, unless to meet appropriations made by law." It is so important that this prohibition be understood, and not misunderstood, that I quQte the section referred to in the Constitution: "Section 9, article 6. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time." Now that section of the Constitution leaves no such question as inflating or contracting the currency. It is a slang phrase, used by money rings, that has no meaning. The Congress may place in the treasury as many blanks as they please; the Secretary can no more put the stamp or token of the sovereign upon them, or deliver them to a stranger who has no claim against the government, than the clerk of a court, State or federal, can issue an execution unless it is founded upon a judgment, regularly entered upon the record of the court. Now we will turn to the section in the Constitution that grants to the Congress power to supply the treasury with blank warrants, executions or tokens of the sovereign power, sufficient to meet 6 appropriations made by law, keeping in mind all the while the prominent fact that the Congress has no power, no authority, in the Constitution or out of it, to issue the warrant or token of the sovereign for any other purpose, or to regulate its value, except to make it a legal standard for payment and settling of disputes, than to regulate the value of horses, lumber or wheat. The power granted is found in section 8, article 5: "To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures." To coin money? Coin it of what material the section does not specify. The expression is therefore indefinite and vague as to the material. If the words "to make money," had been used, that would not prohibit its being coined or made in any other mode. Strict constructionists of the section 8, article 5, invoke the aid of the 10th section to give force to the words "coin money": Section 10, article 1. "No State shall coin money, emit bills of credit, make any thing but gold and silver a legal tender in payment of debts." Now, no words can be more explicit than the prohibition that "' no State shall emit bills of credit, or make anything but gold and silver a legal tender." Now, what does that express prohibition amount to? Every State in the Union, when it became necessary to provide the means to relieve their necessities, granted power to corporations, authorizing them to emit bills of credit, and the States were stockholders in banks that emitted bills of credit (and often very doubtful bills); and the people in every State in the Union use copper and nickel as a legal tender in the payment of debts. In the face of these notorious facts it is contended that the indefinite words "to coin money," implies that it should be coined from gold, although the word gold does not appear. We will now turn back to the Constitution itself, and inquire what were the powers granted in regard to making money. The States possessed the absolute right to make money, and each of the States exercised that right, and made money of various materials, by fixing the token thereto by law before they made the Constitution. 7 The general government, in the Constitution, obtained full power. to make money, previously owned by the individual States, and can therefore, by force of the grant if nothing else, coin money out of any material it chooses, or make it by another method. But the grant gave no power to Congress that authorized that body to make money for any other purpose, as said before, than to supply the National Treasury with the amount needed to meet appropriations, and Congress is especially restricted in the amount needed. To supply the treasury with a sufficient amount of legal tender blanks, in order that, when demands are proved up against the government, the secretary or proper officer may affix the seal, the stamp, or token of the sovereign upon it and tender the same to the claimant, is a part of the machinery of the government-State and federal. The State legislatures furnish the local courts with blank warrants and executions. When the courts enter a judgment, the party in whose favor the judgment is recorded, is entitled to and receives a warrant or execution, with the seal of the sovereign State upon it, and by authority of that seal, he can command the proper officer to seize the property of the defendant in the execution, and have the possession of the same transferred to the plaintiff in the execution, or to some one who will satisfy the demand, and to execute and deliver to the plaintiff a deed for the property. This practice is going on in thousands of cases every day all over the land, and the title of property is transferred by virtue of the seal of the sovereign State, upon paper without using the money token of the general government. Now the practice of the general government must be in harmony with that of the States, from which the federal government derived its power. When a demand has been proved up against the general government, it is in the nature of a judgment and the claimant is entitled to his execution, legal tender or token of the sovereign. The judgment of a State Court and a demand against the general government, which has passed through the various auditing bureaus, becomes a judgment not essentially differing from the judgment of the State Court. The execution, legal tender or money token, issued by the Secretary of the Treasury on a judg 8 ment against the government, differs from the execution or warrant issued by the State authority, in this: the execution issued by authority of the State, is limited in jurisdiction and in durationit has power to transfer the title of the property of the defendant in the execution, but none other. The execution or legal tender token issued by the Secretary of the Treasury, is unlimited in duration, and its jurisdiction is co-extensive with that of the sovereign whose impress or token it bears; moreover, the token of the supreme sovereign possesses power to extinguish the execution and judgment of the inferior authority and power to extinguish all demands and obligations for payment within the realm, that is to say, wherever there is a demand proved up'or a contract agreed upon a judgment or taxes, a tender of the token issued by authority of a law of Congress will extinguish the demand, whether the claimant accepts it or not. Now, the value that persons not parties to a judgment, contract or obligation for payment, may put upon the token, is a question that has nothing to do with the power of the token of sovereignty. The token of sovereign power, whilst it possesses power to transfer the title of commercial commodities, is not a commodity. It is not founded upon any commercial commodity, it is not redeemable in commodities, nor is it founded on the property and wealth of the nation, for the government does not own the property or wealth of the nation; nor can the government take the property of the individual citizen and exchange it for the token; nor is it founded on the honor, integrity and good faith of the nation. Honor, integrity and good faith are very pleasant phrases used in writing and speaking; but outside the statute book there is no such thing. This assertion is founded upon the fact that there does not exist any exterior visible tribunal that claims to possess power or authority to decide questions of honor, integrity and good faith; and of course no such tribunal is recognized. If public opinion is invoked, nothing thereby can be determined with certainty, because public opinion to-day may not be public opinion to-morrow. Now, this brings us to the question: If the token of sovereign power is not a commodity, is not founded on a commodity, is not redeemable in a commodity, is not founded upon the property or wealth of the nation, nor the honor, integrity and good faith of the nation, then it is incumbent upon the party who makes those .denials to show what the legal tender token of the sovereign issued by the Secretary of the Treasury is founded upon. It is founded upon a law that has been approved by the Congress and signed by the President-a law that declares the legal tender token of sovereign power that the secretary has tendered to the party whose claim against the government has been regularly approved; that a tender of the token shall be a valid fulfilment of all obligations for payment within the realm, whether the claimant accepts it or not. The question as to what may be the value of the legal tender token to the parties accepting it after it leaves the treasury, is not of concern to the government nor to what use the party may choose to make of it. The government is only concerned in enforcing obedience to law of Congress in regard to the token of the sovereign, the same as in all other provision of the laws. This brings us to the question, where does the power reside that can enforce the laws? In the States the power is in the executive officer of the State, who can call out the militia of the State if there is resistance offered. In like manner can the supreme executive officer, the President, who is commanhder-in-chief of the army and navy, use that power, if necessary, to enforce the law. But it is contended that a law of Congress that will oblige a claimant to take a token of the sovereign impressed upon paper, that has no inherent value in itself, as a commercial commodity, is an unjust law. It is, says some, repudiation to offer for services or for values furnished the government, paper that is valueless as a commodity, that cannot be sold in foreign countries. Such a statement is a perversion of the facts. The government does not fix the value of its token of power, its value is fixed by the party that has consented to accept it for services or values. The Congress fixes the number and amount of the token that will be tendered to those who may consent to accept appointments to offices the government needs fulfilled, but the Congress does not possess power to compel men to accept an office. If they do accept, however, they accept on the terms offered, and they are the exclusive judges as to whether or not the compensation offered is adequate to the services to be rendered or for the values voluntarily given. The Congress has fixed the salary of the President at $200,000 for the term of four years, but Congress cannot force 10 anyone to accept that offer unless he pleases. If he does accept, he fixes the value of that which he has agreed to take, and so of all other officers. When Carl Schurz was roaming over the country for the past three or four years, in his long, windy speeches denouncing greenbacks as worthless rags, the people could not forget that he accepted greenbacks for his six years' services as Senator, and that he exerted all of his ability and cunning in trying to get back to the Senate, and take his pay in what he called worthless rags. And so it is when the government is in need of supplies. Proposals are received for furnishing the same; the government does not fix the value, that is done by the parties who offer to furnish what is wanted. In no instance has the government the exclusive power to fix values, except when the soldier is conscripted, his pay is fixed at the same rate of him who has voluntarily enlisted. When the government takes private property for public use, the value thereof is determined by a jury. Now I have stated, as well as my feeble ability will permit, the facts which I think show or tend to show, the theory upon which our republic is founded, and alluded to the modes and instrumentalities necessary, in order that every citizen may enjoy the right to fulfill all the duties required for his own preservation. Because of something wrong in the machinery of our government, where there are wheels within wheels, some have got out of gear, and this has, to use a mechanic's phrase, produced backlashes that are wrecking the entire fabric. When a machine is constructed on correct philosophical principles, and becomes deranged and entangled, the fault is to be found in unskillful or unfaithful engineers having been employed. This rule is as applicable to the machinery of the government as to the mechanical arts. That there is at the present time something radically wrong in the working machinery of our government, is evidenced by the fact, that in the midst of a superabundance of the productions of the earth, capable of affording every individual in the land a sufficient supply of all things needful for their sustenance, industrial pursuits, that tend every year to add to the nation's wealth, by the general development of our resources, are paralyzed; our railroads are, with few exceptions, bankrupt; our factories, in many localities, are at a stand; others have failed, consequent upon their profits first, then their capital being absorbed by a high rate