Remark. The writ of habeas corpus is regarded as one of the great bulwarks of English liberty. Provision was first made for effectually securing its privileges in the reign of King Charles II. by the act of parliament called the habeas corpus ac', which is the basis of the habeas corpus law in the United States. When we reflect upon the arbitrary and despotic imprisonment of thousands of individuals on the continent of Europe, at the mere will of sovereigns, without any legal proceedings, we perceive something of the unspeakable privileges of the English and American people. The very name of the BASTILE in France, is a most impressive comment upon the nature of the privilege which the habeas corpus law secures. "I have been assured," says Sir William Blackstone, "that during the mild administration of Cardinal Fleury, above 54000 lettres de cachet (secret orders in the name of the king, for the arrest and imprisonment of persons without trial or any form of law,) were issued upon the single ground of the famous bull unigenitus. Persons arrested by this writ, sometimes lay in prison twenty, thirty, and even forty years without trial. France, however, no longer endures such a detestable

system of tyranny. The privilege of the writ of habeas corpus may be suspended in England, by act of parliament in the same cases in which it may be suspended in this country.

The constitution declares that no bill of attainder, or ex post facto law shall be passed; what is attainder? Ans. It is a forfeiture of the estate of a person condemned for certain crimes, and the rendering himself incapable of inheriting any estate, and his children or any others incapable of inheriting either from or through him. In the language of the law, it blots out all the inheritable qualities of the blood.

Remark. Attainders in England used to be very frequent. Their operation, reducing the innocent children of the person attainted to poverty, and cutting them off from inheriting any property from others through their father, came to be regarded as a very great hardship, and several statutes were made to modify its severity. The people of the United States, to prevent by one single act, the passing of laws so contrary to reason and to the law of nature, inserted an unqualified prohibition of

them in the constitution.

What is an ex post facto law? Ans. It is

one which renders an act punishable in a manner in which it was not punishable when it was committed.

Remark. The Latin words ex post facto, signify, by something done afterwards. The monstrous injustice and tyranny of such laws is too manifest to require any comment. If such laws were allowed, who could be safe? An act, virtuous when done, might become a crime, and subject its author to punishment.

The constitution prohibits the laying of any capitation or other direct tax, except in proportion to the census; what is a capitation tax? Ans. A tax upon the poll or head in distinc tion from a tax upon property.

Remark. Each state being represented in the popular branch of the government, according to the census, it was deemed proper upon the principle that representation and taxation go together, that direct taxes should be laid upon the same plan. Those who have the greatest share in the government, should pay most for its support, was the doctrine.

It having been provided in Sec. 2, of this article, that representatives and direct taxes should be apportioned among the states, according to the number of inhabitants, it is now

provided in order that this rule may not be evaded, that no direct taxes shall be laid by any other rule.

On what articles is it expressly declared in the constitution that no tax or duty shall be laid?

Remark. The taxing of exports would be bad policy for the country, since it would have a tendency to prevent its productions being sent to the most profitable market. The reason why no preference can be given to the ports of one state over those of another is evident. Such partialities would soon destroy the

union.

Vessels bound to, or from, one state, shall not be obliged to enter, clear or pay duties in another; what is the meaning of the words enter and clear? Ans. To enter, is to lodge a statement of the goods at the custom house, and obtain permission to land. To clear, is to exhibit the documents required at the custom house, and to obtain permission to sail.

What restriction is laid upon drawing money from the treasury of the United States? Ans. No money can be drawn thence but in conse. quence of appropriations made by law.

Remark. The effect of this rule is, that the

representatives of the people direct in what manner the money of the people shall be expended. What an engine of tyranny, the public revenues would be, if they lay at the unqualified disposal of any officer of the gov ernment! How the money of the people might be squandered or embezzled! The requiring that a regular statement and account of the receipts and expenditures of all public money, shall be published from time to time, is plainly intended to operate as a further restraint from its improper use.

Why are the United States prohibited from granting any title of nobility? Ans. To raise up in the state a distinct class of men, is as much at variance with the maxims of republican equality as it is dangerous to the liberties of the people.

Remark. 66 Nothing need be said to illus trate the importance of the prohibition of titles of nobility. This may truly be denominated the corner-stone of republican government; for so long as they are excluded, there can nev er be serious danger that the government will be any other than that of the people."-Letter of Alexander Hamilton.

SEC. 10. What restrictions are laid upon