§ 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 num ber 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.) $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.

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§ 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 "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 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 expended; 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

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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. 1, 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 se

§ 446. What are bills of credit? Why was their emission by the states prohibited? § 447. Why are gold and silver only made a legal tender? 448. Why may not states pass bills of attainder and ex post facto laws? § 449. What is the nature of a law impairing the obligation of contracts? What is the power of a state in relation to corporations?

cure under any government possessing this power. A state legislature may alter or modify public corporations, such as counties, towns, and cities, provided the property, therein be secured to its original owners; but such legislature cannot repeal statutes creating private corporations, or dispose of the property of the corporators. A charter from the British crown to the trustees of Dartmouth college before the revolution, has been declared to be a contract within the meaning of the constitution. The supreme court held that the college was a private corporation; and that the act of the legislature of New Hampshire, materially altering the charter without the consent of the corporation, was a law impairing the obligation of a contract, and therefore unconstitutional and void.

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§ 450. "No state shall, without the consent of the con66 gress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its "inspection laws; and the nett produce of all duties and "imposts laid by any state on imports or exports, shall be "for the use of the treasury of the United States; and all "such laws shall be subject to the revision and control of "the congress. No state shall, without the consent of congress, lay any duty of tonnage; keep troops or ships of war in time of peace; enter into any agreement or com. 66 pact with another state, or with a foreign power; or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.”—Art. 1, sec. 10, cl. 2. § 451. The reasons for restraining the power of the states over imports and exports, have been considered. (§ 291.) Inspection laws are enacted by the states; and are intended to improve the quality of the products of a country. Inspectors place upon the articles inspected a mark or stamp, indicating their quantity or measure, and their quality. This serves also to protect purchasers against loss. A small tax is laid upon the goods thus inspected, to pay for their inspection. The objects of the remaining provisions of this clause are so apparent as not to require particular notice.

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§ 450. How far only may states lay imposts and duties? When engage in war? § 451. Why ought not the states to lay duties?

CHAPTER XXI.

Executive Department.-Term of Office and Election of President and Vice President.

§ 452. "The executive power shall be vested in a presi"dent of the United States of America. He shall hold his "office during the term of four years, and, together with "the vice president, chosen for the same time, be elected as follows:"Art. 2, sec. 1, cl. 1.

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§ 453. The necessity of an executive department, the general principles on which it is established, and the nature and duties of the executive office, have been considered. It has also been stated, that this department did not exist under the confederation. (§ 83, 84, 179.) Experience had convinced the framers of the constitution, not only that an executive power was necessary, but that, to secure an energetic and prompt execution of the laws, this power ought to be vested in a single person. All laws duly made must be carried into effect. Whether they be deemed by an executive to be inexpedient or otherwise, it is his duty to see them faithfully administered, until repealed by the legislature, or pronounced unconstitutional by the judiciary.

§454. Respecting the proper duration of the executive office, a diversity of opinion prevailed in the convention. Some proposed a short term, in order to make a president feel his responsibility to the people. Others deemed a long term necessary to a firm and independent exercise of his constitutional powers, and a steady, unchanging system of administration. If elected for a short term, he might act with a view to popularity and a re-election, rather than the general good. If elected for a very long period, or during good behavior, as some proposed, the measures of his administration, though ever so unwise or pernicious, could not be effectually arrested, till they had worked great injury. The medium of four years was adopted, as being

§ 452. In what officer is the executive power vested? § 45? Why is this power vested in a single person? § 454. What different opin ions prevailed in the convention respecting the duration of the ice?