sylvania, 16 Peters, p. 610. The Judiciary Act of 1789, Sec. 34, declaring that the laws of the several States shall be regarded as rules of decision in trials at common law in the Courts of the United States, meant only to include civil cases at common law, and not criminal offenses against the United States.-United States vs. Reid et al., 12 Howard, p. 361. The law by which the admissibility of testimony in criminal cases must be determined, is the law of the State as it was when the Courts of the United States were established by the Judiciary Act of 1789.-Id. The language of the Federal Constitution, together with the object for which it was made, must be the rule for its construction, per Marshall, C. J., in the case of Gibbons vs. Ogden, 9 Wh., p. 189. A construction of the Constitution acted under for years, will not be disturbed by the Courts.-Stuart vs. Laird, 1 Cr., p. 299.

OF THE POWERS OF THE GOVERNMENT.-The powers of the Federal Government are limited; it possesses none but such as are delegated.-U. S. vs. Bailey, 1 McL., p. 234. The powers of the legislative, executive, and judicial departments are independent of each other; they are coördinate, and that which one does by the exercise of its rightful authority is binding upon the others.-Dodge vs. Woolsey, 18 H., p. 347, Wayne, J. Courts cannot pronounce void Acts passed by the Federal or State Legislatures acting manifestly within the powers conferred upon them by the respective Constitutions. Beach vs. Woodhull, Pet. C. C., p. 2; Albee vs. May, 2 Pa., p. 74. Legislative is to be enforced by the judicial power, and must be, therefore, coequal and coextensive.-Kendall vs. U. S., 12 Pet., p. 526. The Legislature, with the Executive, act conjointly concerning the national boundary and settlement of questions concerning the same, and the judicial department cannot but recognize the act.-Foster vs. Neilson, 2 Pet., p. 253. If the language of a State Constitution requires legislation to give it effect it is not, and will not be held to be, self acting.-Graves vs. Slaughter, 15 Pet., p. 449. Congress has power to provide for the punishment of offenses committed on board a ship of war of the United States wherever that ship may be.-United States vs. Bevans, 3 Wheat., p. 336. The power of Congress to levy and collect "taxes, duties, imposts, and excises" is coextensive with the territory of the United States.-Loughborough vs. Blake, 5 Wheat., p. 317. The powers bestowed by the Constitution upon the Government of the United States were limited in their extent, and were not intended nor

can they be construed to override powers vested in State Governments, which were reserved to those Governments, impliedly, as well as by express provis ion of the Constitution.-Golden vs. Prince, 3 Wash. C. C. R., p. 313.

GOVERNMENTAL CONTRACT.-An Act of the Legislature declaring that certain lands to be purchased for the Indians should not thereafter be subject to any tax, constitutes a contract which cannot be rescinded by any other legislative Act.-New Jersey vs. Wilson, 7 Cranch, p. 164. Corporations chartered in one State are permitted to make contracts in another by the law of comity. The Bank of Augusta vs. Earle, 13 Peters, p. 519. The result of the decisions in the cases of Sturges vs. Crowningshield, 4 Wheat., p. 198; McMillan vs. McNeil, id., p. 209; Golden vs. Prince, 3 Wash. C. C. R., p. 313; and particularly Ogden vs. Sanders, 12 Wheat., p. 213, may be said to be, that a State bankrupt or insolvent law which discharges the person and the future acquisitions of property of a debtor from all liability for his debts, is neither repugnant to the Federal Constitution, nor is it "a law impairing the obligation of a contract," respecting debts contracted subsequent to the passage of such Act. The Constitution of the United States did not commence its operation until the first Wednesday of March, 1789, and the provision relative to laws impairing the obligation of contracts does not extend to a law enacted before that day.-Owing vs. Speed et al., 5 Wheat., p. 420. Any change which a law makes in the terms of a contract impairs its obligation.-Green et al. vs. Biddle, 8 Wheat., p. 1. A compact between two States is a contract within that clause of the Constitution which prohibits States from passing laws impairing the obligation of contracts.-Id. The Act of New Hampshire which allows to tenants the value of improvements, etc., on recoveries against them is in conflict with the Constitution of the United States. Society for the Propagation, etc., vs. Wheeler et al., 2 Gallis, p. 105. A law of a State which declares that a debtor, by delivering up his property for the benefit of his creditors shall be forever discharged from the payment of his debts due or contracted before the passage of the law, whether the creditor do any act or not in aid of the law, impairs the obligation of the contract.-Golden vs. Prince, 3 Wash. C. C. R., p. 313. A law which authorizes the discharge of a contract by a smaller sum, or at a different time, or in a different manner than the parties have stipulated impairs its obligations.-Id. There is nothing in the Con

stitution of the United States which forbids Congress to pass laws violating the obligation of contracts, though such power is denied to the States individually. Evans vs. Eaton, 1 Peters C. C. R., p. 322. There is no part of the Constitution which applies to a State law which divests rights vested by law in an individual, provided, its effect be not to impair the obligation of the contract.-Satterlee vs. Mathewson, 2 Peters, p. 413. A State law, passed after the execution of a mortgage, which declares that the equitable estate of the mortgagor shall not be extinguished for twelve months after a sale under a decree in chancery, and which prevents any sale unless two thirds of the amount at which the property has been valued by appraisers shall be bid therefor, is within the clause of the Constitution which prohibits States from impairing the obligation of contracts.-Bronson vs. Kinzie et al., 1 Howard, p. 311. A law which, in its operation, amounts to a denial or obstruction of the rights accruing by a contract, though professing to act only on the remedy, is directly obnoxious to the prohibition of the Constitution.-McCraken vs. Hayward, 2 Howard, p. 612. A law providing that a sale shall not be made of property under execution unless it will bring two thirds of its valuation, according to the opinion of three householders, is unconstitutional.-Id. A contract made in New York is not affected by a discharge of the debtor under the insolvent laws of Maryland, where the debtor resided.Cook vs. Moffat, 5 Howard, p. 295. On the same subject, see Planters' Bank vs. Sharp, 6 Howard, p. 301; also, West River Bridge Co. vs. Dix et al., 6 Howard, p. 507. An Act lessening the salary of an officer after he has entered upon his term of office does not impair a contract between the State and officer, within the meaning of the Constitution of the United States.Butler et al. vs. Pennsylvania, 10 Howard, p. 402. On this subject, see Richmond Railroad Co. vs. The Louisa Railroad Co., 13 Howard, p. 71. Congress has sanctioned the compact between Virginia and Kentucky, viz: that the use and navigation of the River Ohio shall be free and common to the citizens of the United States. This compact can be enforced by the United States Courts.-Pennsylvania vs. Wheeling, 13 Howard, p. 519.

ARTICLE I. LEGISLATIVE Department.

II. EXECUTIVE DEPARTMENT.

III. JUDICIAL DEPARTMENT.

IV. STATE ACTS.

V. AMENDMENTS.

VI. PROMISCUOUS PROVISIONS.

VII. RATIFICATION OF, WHAT NECESSARY.

ARTICLE I.

LEGISLATIVE DEPARTMENT.

SECTION 1.

Legislative power, Congress.

SECTION 2.

House of Representatives.

1. Members, when and by whom chosen.

2. Qualifications.

3. Apportionment of representatives, and direct taxes.

4. Vacancies.

5. Speaker. Impeachment.

SECTION 3.

Senate.

1. Senators.

2. Divided into classes. Vacancies.

3. Qualifications.

4. President of Senate.

5. Other officers.

6. Impeachment.

7. Judgment on impeachment.

SECTION 4.

Congress.

1. Elections for Senators and Representatives.

2. Sessions of Congress.

SECTION 5.

Powers of Houses of Congress.

1. Judges of qualifications of their own members. Quorum.

2. Rules of proceeding. Expulsions.

3. Journals.

4. Adjournments.

SECTION 6.

Compensation and duties of members.

1. Compensation of members. Privileges of Senators and Represen

tatives.

2. Disabilities.

SECTION 7.

Enactment of laws.

1. Revenue bills. Where to originate.

2. Manner of passage and President's approval. 'How passed without President's approval.

3. Orders, resolutions, and votes. President's approval.

1. Taxes, duties, etc.

2. To borrow money.

SECTION 8.

Powers of Congress.

Common defense and general welfare.

3. To regulate commerce.

4. Naturalization. Bankruptcies.

5. Coining money. Weights and measures.

6. Punishment of counterfeiting.

7. Post Offices and post roads.

8. Patents and copyrights.

9. Courts. Piracy and other offenses.

10. To declare war, etc.

11. Raising army.

12. Navy.

13. Army and navy regulations.

14. Militia. Insurrections, etc.

15. Organizing, arming, and disciplining militia.

16. Exclusive legislative power over seat of government, forts, etc. 17. To make laws necessary to carry powers into effect.

SECTION 9.

Limitation of the powers of Congress.

1. Migration or importation of persons.

2. Habeas corpus not to be suspended.

3. Attainder and ex post facto laws prohibited.

4. Capitation and direct taxes.

5. Exports. Commercial regulations.

6. Public moneys and accounts.

7. Titles of nobility. Presents, etc.

SECTION 10.

Limitation of the powers of States.

1. Treaties, letters of marque, coinage of money, bills of credit, etc., attainder, ex post facto laws, impairing contracts. Titles.

39-VOL. II.—POL.