improvements which are not of a local or state character, but are of such general importance as to give them a national character, is admitted by those even who profess to be in favor of a strict construction of the constitution. § 426. There are several other powers granted to congress in other sections of the constitution, which might require examination here; but to preserve the regular connexion of its several provisions, the clauses conferring these powers will be considered in the order in which they sev. erally occur. CHAPTER XIX. Restrictions on the Powers of Congress. § 427. "THE migration or importation of such persons "as any of the states now existing shall think proper to "admit, shall not be prohibited by the congress, prior to the 66 year one thousand eight hundred and eight; but a tax or "duty may be imposed on such importation, not exceeding "ten dollars for each person."-Art. 1, sec. 9, cl. 1. § 428. This clause has reference to the slave trade, which was carried on extensively by citizens of the United States when the constitutica was framed. The southern states were in favor of a clause allowing to each state the right to continue the importation of slaves during its pleasure. It would probably have been impossible to procure the rati fication of the constitution by the number of states required for its establishment, without conceding to the states the right of continuing the traffic in slaves for a period of time. In allowing the traffic, however, for a specified period, its abolition at the expiration of that period seems to have been contemplated. Laws have accordingly been passed. from time to time, for the suppression of the foreign slave trade. (§ 382, 383.) § 427. What is provided concerning the importance of certain 429 When persons? 428. What was the object of this clause? § 429. It is indeed to be regretted, that the great charter of American liberty has ever sanctioned this traffic in human beings; and it is remarkable that a provision of this character should have been adopted by those who had de clared it to be a self-evident truth," that all men are created free and equal, and endowed by their Creator with the unalienable rights of life, liberty, and the pursuit of hap. piness." But it affords cause for gratulation, that measures were so promptly taken to abolish the foreign slave trade at the earliest period permitted by the constitution. § 430. "The privilege of the writ of habeas corpus shall "not be suspended, unless when, in cases of rebellion or "invasion, the public safety may require it."-Art. 1, sec. 9, cl. 2. § 431. Habeas corpus, (Latin,) signifies have the body. If a person has been illegally deprived of his liberty, he may petition a court or judge, who issues a writ, command. ing the party imprisoning or detaining him, to produce his body and the cause of his detention, before the judge or court. If, upon inquiry, the imprisonment shall be found to have been illegal, relief is granted. The privilege of this writ was deemed too important not to be secured by the constitution of a free people. 66 § 432. "No bill of attainder or ex post facto law shall be passed.' .”—Art. 1, sec. 9, cl. 3. § 433. Bills of attainder are acts of a legislature, by which capital punishments are inflicted upon persons pronounced guilty, without trial or conviction in the ordinary course of judicial proceedings. An ex post facto law is a law that declares an act to be criminal which was not so before the act was passed; or that renders an act punish. able in a more severe manner than when it was committed. In a more comprehensive sense, all laws having effect upon past transactions, are ex post facto laws. L. § 434. "No capitation, or other direct tax shall be laid, "unless in proportion to the census or enumeration herein "before directed to be taken."-Art. 1, sec. 9, cl. 4. only may the privilege of the writ of habeas corpus be suspended? § 431. What is habeas corpus? What is the effect of this writ? 433. What is a bill of attainder? An ex post facto law? § 434. § 435. This clause was intended to prevent the laying of taxes otherwise than according to the rule prescribed in the third clause of the second section of the first article of the constitution, and may be considered merely a repetition of that part of the said clause, which makes three fifths only of the slave population subject to direct taxation. Congress apportions taxes among the states in proportion to the number of their representative population; but states apportion them among their citizens according to their property. The definition of capitation or poll tax has been given. (§ 131.) 66 § 436. "No tax or duty shall be laid on articles exported "from any state. No preference shall be given, by any regulation of commerce or revenue, to the ports of one "state over those of another; nor shall vessels bound to or "from one state, be obliged to enter, clear, or pay duties in another."Art. 1, sec. 9, cl. 5. § 437. This clause was necessary to ensure a uniform rate of duties or taxes throughout the states, and to secure freedom and equality in trade. To levy higher duties in the ports of one state than in those of another, would be unjust, and cause dissatisfaction among the members of the union. § 438. No money shall be drawn from the treasury, but "in consequence of appropriations made by law; and a 66 regular statement and account of the receipts and expendi"tures of all public money, shall be published from time to "time."-Art. 1, sec. 9, cl. 6. §439. This clause places the public money beyond the reach or control of the executive, or any other officer, and secures it in the hands of the representatives of the people. And as a law is necessary to its being drawn from the treasury, it can seldom be appropriated to unworthy objects. The law requires the secretary of the treasury to make annually a general statement of the receipts and expenditures of the public money. This account is published by How must all direct taxes be laid? § 435. What census or enumeration is here meant? § 436. What restrictions exist upon the power over the trade of the states? § 437. What is the object of this restriction? § 438. Under what regulation is money drawn from the treasury? 439. What is the intention of this clause? § 441. What is the object of the restriction relating to titles, offices, &c. order of congress; and thus the people are informed in what manner, and for what purposes, their money is ex. pended; and a due responsibility is ensured on the part of their agents. § 440. "No title of nobility shall be granted by the United "States; and no person holding any office of profit or trust "under them, shall, without the consent of the congress, "accept of any present, emolument, office, or title of any "kind whatever, from any king, prince, or foreign state."Art. 1, sec. 9, cl. 7. § 441. This clause was evidently intended to prevent the introduction of customs that might in time diminish that respect for republican simplicity which ought to distinguish American citizens, and to guard against the corruption of the officers of the national government by foreign influence. 66 CHAPTER XX. Restrictions on the Powers of the States. § 442. "No state shall enter into any treaty, alliance, or "confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and "silver coin a tender in payment of debts; pass any bill of "attainder, ex post facto law, or law impairing the obliga"tion of contracts; or grant any title of nobility.”—Art. I, sec. 10, cl. 1. § 443. The prohibition on the states against treaties, alliances, and confederations is the same as that which existed in the confederation; and the propriety of transferring it to the new constitution is apparent. § 444. The reasons why the power to grant letters of marque and reprisal is given exclusively to congress, are sufficient to show the impropriety and danger of intrusting it to the states. (§ 392.) § 442. What is prohibited to the states in the first clause ↑ § 445. The necessity of giving to congress the power to coin money has been shown. (§ 336.) To prevent the inconveniences and embarrassments in trade which would be produced by a currency so variable as might be expected if each state were permitted to coin money and regulate its value, this power was prohibited to the states. § 446. Bills of credit are declared to mean promissory notes, or bills issued exclusively on the credit of the state, intended to circulate as money, and which the faith of the state only is pledged to pay. The effects of this kind of paper money on the public prosperity, by destroying the necessary confidence between man and man, as well as confidence in the public faith, were disastrous. These bills of credit, having no funds set apart to redeem them, were seldom paid, except at a ruinous discount. The losses sustained by the community from this species of money, prior to the adoption of the constitution, induced this restriction upon the powers of the states. This prohibition does not apply to the notes of a state bank, drawn on the credit of a particular fund appropriated for that purpose. § 447. The power to make any thing but gold and silver a tender in payment of debts, is taken from the states on the same principle as the power of issuing bills of credit. Paper money, as well as all kinds of property, is continually liable to fluctuation in value; and might subject those who should be compelled to receive it, to great inconvenience and loss. § 448. Bills of attainder, and ex post facto laws, have already been defined. (§ 433.) Being unjust in principle, and rendering both life and property insecure, the power to pass them is with the same degree of propriety prohibited to the states as to congress. § 449. Laws impairing the obligation of contracts are contrary to the first principles of civil society. The private rights of every member of the community could not be § 446. What are bills of credit? Why was their emission by |