ARTICLE I-Continued.

two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

SECTION 8.

The Congress shall have power:

1. To lay and collect taxes, duties, imposts, and excises; to pay the debts and provide for the common defense and general welfare of the United States, but all duties, imposts and excises shall be uniform throughout the United States:

See United States v. Hill, 123 U. S. 681; Scholey v. Rew. 23 Wall. 331; U. S. v. R. Co., 17 id. 322; Railroad Co. v. Peniston, 18 id. 5; U. S. v. Singer, 15 id. 111.

2. To borrow money on the credit of the United States: Parker v. Davis, 12 Wall. 457; National Bank v. Com., 9 id. 353; Hepburn v. Griswold, 8 id. 603; Bank v. Supervisors, 7 id. 26; Banks v. Mayor, id. 16; Bank Tax Cases, 2 id. 200; Weston v. City Council, etc., 2 Pet. 449; Bank of Commerce v. New York City, 2 Black. 620.

3. To regulate commerce with foreign nations and among the several States, and with the Indian tribes:

See Bain v. Richmond, etc., R. Co. (N. C.), 3 L. R. A. 299; Emmons v. City of Lewiston, id. 329: Louisville, etc., R. Co. v. State, 66 Miss. 662, 14 Am. St. 602; Steamboat v. Livingston, 3 Cow. 713; Pembina, etc., Co. v. Pennsylvania, 125 U. S. 181: Wabash, etc., R. Co. v. Illinois, 118 id 557; Fargo v. Stevens, id. 230; Foster v. Masters, etc., 94 id 246; Tinken v. Stillwagon, 1 City Ct. Rep. 390. Includes a control of the electric telegraph as an agency of commerce. Pensacola Tel Co. v. West. Union Tel. Co., 96 U. S 1.

In Kidd v. Pearson, 128 U. S. 1, the court say: "The legal definition of the term as given by this court in County of Mobile v. Kimball, 102 U. S. 691, 702, is as follows: Commerce with foreign nations and the States, strictly considered, consists in intercourse and traffic, including in these terms navigation and the transportation and transit of persons and property as well as the purchase, sale and exchange of commodities.""

4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States:

Bankruptcy.-Sturgis v. Crownshield, 4 Wheat. 102; McMillan v McNeil, id 209; Farmers, etc., v. Pennsylvania, 6 id. 131; Ogden v. Saunders, 12 id. 213.

Naturalization.-Dred Scott v. Sanford, 19 How. 393; Gassies v. Ballou, 6 Pet. 761.

ARTICLE I-Continued.

5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures: Congress has the Constitutional power to make the treasury notes of the United States a legal tender in payment of private debts in time of peace as well as in time of war. Juillard v. Greenman, 110 U. S. 421; 28 Am. L. Reg. (N. S.) 734.

6. To provide for the punishment of counterfeiting the securities and current coin of the United States:

See Fox v. State, 5 How. 433; U. S. v. Marigold, 9 id. 560.

7. To establish post-offices and post-roads.

Pensacola Tel. Co. v. West. Union, etc. Co., 96 U. S. 1; State v. Wheeling, etc., Bridge Co., 18 How. 421.

8. To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries:

See United States v. American Bell Telephone Co, 123 U. S. 315; Gardner v. Herz. 118 id. 180; Wheat v. Peters, 8 Pet. 591; Grant v. Raymond, 6 id. 218.

The means for securing such right are to be prescribed by Congress. Banks v. Manchester, 128 U. S. 244.

9. To constitute tribunals inferior to the Supreme Court: 10. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations: See U. S. v. Palmer, 3 Wheat. 610; U. S. v. Wiltberger, 5 id. 76; U. S. v. Smith. id. 153; U. S. v. Pirates, id. 184.

11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water:

Laman v. Brown, 92 U. S. 187; Hamilton v. Dillin, 21 Wall. 73; Stewart v. Kahn, 11 id. 493; Tyler v. Defries, id. 331; Miller v. U. S., id. 268.

12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years: Crandall v. State, 6 Wall 35.

13. To provide and maintain a navy:

Dynes v. Hooper, 20 How. 65.

14. To make rules for the government and regulation of the land and naval forces:

ARTICLE I-Continued.

15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions:

Crandall v. State, 6 Wall. 35; Texas v. White, 7 id. 700.

16 To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States; reserving to the States respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress:

Houston v. Moore, 5 Wheat. 1; Martin v. Mott, 12 id. 19; Luther v. Borden, 7 How. 1.

17. To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States; and to exercise like authority over all places purchased, by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; and

U. S. v. Fox, 94 U. S. 315; Phillips v. Payne, 92 id. 130; Willard v. Presbury, 14 Wall 676; Dumphy v. Kleinsmith, 11 id. 610; U. S. v. Dewitt, 9 id. 41.

18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.

Nat. Bank v. Com., 9 Wall. 353; Thomson v. Railway Co., id. 579; Parker v. Davis, 12 id. 457; Railroad v. Johnson, 15 id. 195; Railroad v. Peniston, 18 id. 5.

SECTION 9.

1. 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 year one thousand eight hundred and eight; but a tax or duty

ARTICLE I Continued.

may be imposed on such importation not exceeding ten dollars for each person.

Dred Scott v. Sanford, 19 How. 393.

2. 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.

Matter of Karstendick, 93 U. S. 396; Matter of Parks, id. 18; Matter of Lange, 18 Wall. 163; Tarble's Case, 13 id. 397; Matter of Yerger, 8 Wall. 83.

3. No bill of attainder, or ex post facto law shall be passed.

Hopt v. People, 110 U. 3. 589; Kring v. Missouri, 107 id. 221; Pierce v. Carskadon, 16 Wall. 234.

4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

License Tax Cases, 5 Wall. 462.

5. No tax or duty shall be laid on any 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.

Morgan's S. S. Co. v. Louisiana, 118 U. S. 455; Page v. Burgess, 92 id. 372.

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. See United States v. Johnston, 124 U. S. 236.

7. 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.

1. No State shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.

Er post facto.-See Paschal's Annotated Const. (2d ed.) 391; Cook's N. Y. Penal Code, § 2. and notes: Matter of Medley, 134 U. S. 160; 41 Alb. L. J. 331; Gut v. State, 9 Wall. 35; Kring v Missouri, 107 U. S. 221; Matter of Sawyer, 124 id. 200: Matter of Garland, 4 Wall. 333.

Obligation, etc.- Minneapolis, etc., R. Co. v. State, 134 U. S. 467; Little v. Bowers, id. 547; De Saussure v. Gaillard, 127 id. 216; Mayor, etc., v. Eighth Avenue R. Co., 43 Hun 618; New York Cable Co. v. Chambers St. R. Co., 40 id. 31, New Orleans Water-works Co. v. Louisana, etc., Co. 125 U. S. 18; Bowman v. Chicago, etc., id. 465; West Wisconsin R. Co. v. Supervisors, 93 id. 595; Home Ins. Co. v. City Council, id 116; County, etc. v. Ten Cent Savings Bank, 92 id. 631; Wilmington, etc.. R. Co. v. King, 91 id. 3: Ochiltree v. Railroad, 21 Wall. 249 Garrison v. City of New York, id. 196; Pacific Ry. Co. v. Maguire, 20 id. 36.

Bills of credits - People v. Brie, 5 N. Y. Cr. Rep. 272; Craig v. State, 4 Pet. 410; Byrne v. State, 8 id. 40; Briscoe v. Bank of Commerce, 11 id. 257.

2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws, and the net 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 the Congress, lay any duty or tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact 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.

See People v. Edye, 11 Daly, 132: Inman S. S. Co. v. Tinker, 94 U. S. 238 Packet Co. v. St. Louis. 100 id. 423; Packet Co. v. City of Keokuk, 95 id. 80; Cannon v. New Orleans, 20 Wall. 577; Cole v. Johnson, 10 Daly, 258.