Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/236

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228
CONSTITUTION OF THE U. STATES.
[BOOK III.
in which the terms of the constitution have been generally understood.[1] The phrase (as we have seen) was well known, and generally used to indicate the paper currency, issued by the states during their colonial dependence. Daring the war of our revolution the paper currency issued by congress was constantly denominated, in the acts of that body, bills of credit; and the like appellation was applied to similar currency issued by the states. The phrase had thus acquired a determinate and appropriate meaning. At the time of the adoption of the constitution, bills of credit were universally understood to signify a paper medium intended to circulate between individuals, and between government and individuals, for the ordinary purposes of society. Such a medium has always been liable to considerable fluctuation. Its value is continually changing; and these changes, often great and sudden, expose individuals to immense losses, are the sources of ruinous speculations, and destroy all proper confidence between man and man.[2] In no country, more than our own, had these truths been felt in all their force. In none had more intense suffering, or more wide-spreading ruin accompanied the system. It was, therefore, the object of the prohibition to cut up the whole mischief by the roots, because it had been deeply felt throughout all the states, and had deeply affected the prosperity of all. The object of the prohibition was not to prohibit the thing, when it bore a particular name; but to prohibit the thing, whatever form or name it might assume. If the words are not merely empty sounds, the prohibition must comprehend the emission of any paper medium by a state government for the purposes
  1. Craig v. State of Missouri, 4 Peters's Sup. Ct. R. 410, 432.
  2. Craig v. State of Missouri, 4 Peters's Sup. Ct. R. 432, 441, 442.