33 Miss. 287. And providing for the validity of marriages. Goshen v. Richman, 4 Allen (Mass.), 458. And changing the presumptions in favor of tax sales. Hickor v. Tallman, 38 Barb. Evidence?

N. Y. 608. And curing irregularities in conveyances, as to the parties and subsequent purchasers; but not to disturb vested Conveyrights. Thompson v. Morgan, 6 Minn. 292.

ances?

the inhibi

the States

consent of

[2] No State shall, without the consent of the What are Congress, lay any imposts or duties on imports or ex- tions upon ports, except what may be absolutely necessary for without the executing its inspection laws; and the net produce of Congress? 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. [3.] 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 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.

" and "duties" see 75-77.

162. For the definitions of "imposts notes 75 to 77. For a history of this clause, see journals of the Convention, 222, 227, 275, 301, 303, 318, 377 and 378.

138.

274.

"AN IMPOST OR DUTY ON IMPORTS," is a custom or tax levied What is a on articles brought into the country. Brown v. Maryland, 12 duty on Wheat. 446, 447. Imports are things imported-the articles them-imports? selves which are brought into the country. It is not merely a duty on the act of importation, but it is a duty on the thing imported. It is not confined to a duty levied while the article is entering the country, but extends to a duty levied after it has entered the country. (Brown v. Maryland, 12 Wheat. 419, 446, 447.) Story's 86-89. Const. § 1019; see Gibbons v. Ogden, 9 Wheat. 199-201. The power to impose duties on imports is exclusive in Congress. Pervear v. The Commonwealth, 5 Wall. 479. A charge on vessels by the State for the benefit of the master and warders of the port is unconstitutional. The Southern Steamship Company v. The Master, &c. 6 Wall.

It was really intended to make the vast inter-state commerce as nearly free as possible. The ordinance of the city of Houston requiring wharfage duties of steamboats, does not infringe this provision of the Constitution. Sterrett v. Houston, 14 Tex. 166. "EXCEPT WHAT MAY BE ABSOLUTELY NECESSARY."-This is the Necessary! strongest qualification of " necessary See McCulloch v. Mary

land, 4 Wheat. 316; Kent's Com. 398-401; Story's Const. § 1033.

Inspection?

What is tonnage ?

Define troops?

122, 123.

Define agreement

or compact?

152.

178.

223-225.

Where is the execu

"INSPECTION."-The tax or duty of inspection, is frequently, if not always, paid while the article is in the bosom of the country. Brown v. Maryland, 12 Wheat. 420.

The exception was made because the tax would otherwise have been within the prohibition. Id. See the subject discussed. Id.. The State has no right to tax the goods imported, in the hands of the importer. Id. This language means the same thing as the inhibition on the United States against laying a tax on articles exported from any State. Id. Story's Const. § 1030. Upon the same principles, or their analogies, it was held that the State of Maryland had not the constitutional right to tax the branch of the United States bank located in Maryland. McCulloch v. Maryland, 1 Wheat. 316; Kent's Com. 398, 401; Story's Const. § 1033-1053. The sale of liquors within a State is subject exclusively to State control. (License cases, 5 Wall. 462.) Pervear v. The Commonwealth, 5 Wall. 479.

163. "LAY ANY DUTY OF TONNAGE, &C."-This form of expression occurs nowhere else in the Constitution. TONNAGE [tonnagium] is a custom or impost upon wines or other merchandise exported or imported, according to a certain rate per ton. (Spelman; Cowell.) Burrill's Law Dic.: A duty or impost upon ships estimated per ton. Webster's Dic., TONNAGE.

164. "KEEP TROOPS OR SHIPS-OF-WAR IN TIME OF PEACE."This means organized troops, or armies, and a navy; because these are national powers. See Articles of Confederation, ante, p. 12, Art. VI.; Story's Const. § 1401-1409. In certain emergencies, States may raise troops to repel invasions or suppress insurrections. Story's Const. § 1404. Luther v. Borden, 7 How. 1.

"AGREEMENT OR COMPACT," properly applies to such as regarded what might be deemed mere private rights of sovereignty, such as boundaries, land, and other internal regulations for the mutual comfort and convenience of States bordering on each other. Story's Const. § 1403. These words are used in their broadest sense; they were intended to cut off all negotiation and intercourse between the State authorities and foreign nations. Holmes v. Jennison, 14 Pet. 572, 574. And, therefore, no State can, without the consent of Congress, enter into any agreement or compact, to deliver up fugitives from justice from a foreign State, who may be found within its limits. Id.; 3 Opin. 661. This prohibition is political in its character, and has no reference to a mere matter of contract, or to the grant of a franchise which in nowise conflicts with the powers delegated to the general government by the States. Union Branch R. R. Co. v. East Tennessee & Georgia R. R. Co. 14 Ga. 327. Α compact entered into between two States, with the assent of Congress, is binding on those States and the citizens of each. Fleeger v. Pool, 1 McLean, 185. See Story's Const. § 1403; 1 Tucker's Black. Com. App. 301.

ARTICLE II.

He

SEC. I.-[1.] The executive power shall be vested tive power? in a President of the United States of America. shall hold his office during the term of four years, and

together with the Vice-President, chosen for the same The term term, be elected as follows.

of office?

With object?

165. THE EXECUTIVE POWER.-The object of this department is What is the to insure the execution of the laws. 1 Kent's Com. 285. energy in the executive and safety to the people. Story's Const. § 1417. The ingredients for energy, are unity, duration, adequate provisions for its support; and, for safety, a due dependence on the people, and a due responsibility to the people. (Federalist, No. 70; 1 Kent's Com. Lect. 13, pp. 253, 254.) Story's Const. § 1418. The powers of the President are not executive only. The veto Define the power and the appointing power are not strictly executive powers; no more so than when exercised by Congress or the States. Bates power? on Habeas Corpus, 5th July, 1861. He is a civil magistrate, to 67, 199. whom all military officers are subordinate. Id. In calling out the militia to see the laws faithfully executed, he acts as a civil magistrate upon the same principle that a court calls out the posse. Id. In times of great danger, when the very existence of the nation is assailed, the President may order military arrests. Id.

We must not forget that this power of appointment to office is essentially an executive function. It belongs essentially to the executive department rather than to the legislative or judicial. If no provision on the subject had been made by the Constitution, it would have been held appurtenant to the President as the head of the executive department specially charged with the execution of the laws. Stanbery on the executive power. See Confederation, ante Article VI. p. 14; 2 Elliot's Debates, 358; Federalist, Nos. 67, 70, 1 Kent's Com. 271-303; Journal of Convention, 68, 89, 96, 136, 211, 222, 324, 332, 333; 2 Pitk.'s Hist. 252; 2 Curtis' Hist. of Const. ch. III., pp. 56–60; Story's Const. ch. XXXVI., S1440-1448, and voluminous notes of the 3d edition.

A proposition was made in the Convention for an executive with a plurality of persons. Journal of Convention, 124. Mr. Calhoun advocated a dual executive at a later day. See Calhoun's Essay on the Const.; Story's Const. § 1426-1429.

executive

179.

174.

166. The following is the list of Presidents who have been Who have chosen under this Constitution:

NAME.

been the presidents?

How are electors

[2.] Each State shall appoint, in such manner as the appointed? legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the State may be entitled in the Disqualifi Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

cations?

Define electors?

16-17.

How many electors?

167. "ELECTORS," as here used, mean the persons chosen to cast the votes in the first instance for President and Vice-President. All the legislatures have, long since, directed that they shall be 66 appointed," that is, chosen by the people, except South Carolina, which appointed by the legislature. See Story's Const. § 1472; 3 Elliot's Debates, 100, 101.

Thus the "electors" for members of Congress, indirectly choose the "electors" for President, Vice-President, and Senators.

But the House of Representatives in one contingency, and the Senate in another, may choose the President. Therefore, however chosen, it results that the President is, indirectly, chosen by the same electors who choose the popular branch of the State legislature.

As there are now thirty-seven States, the senators represent 74 electoral votes; add to these 243 representatives, and the elec23. toral vote of 1868 will be 317; necessary to a choice 159. That is Necessary if no new State be added by the second session of the fortieth to a choice? Congress; and if all the non-reconstructed States be allowed to vote. The number of electoral votes to which Virginia, North and South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas and Texas, would be entitled, under the apportionment are 70. The question as to whether these States shall vote, and who shall choose the electors, is now one of the exciting issues of the day. See Story's Const. § 1454-1483.

46.

175-185.

How is the President elected?

167.

The attempted independence of the electors has failed. Story's Const. § 1463; Rawle's Const. ch. 5, p. 58.

[ARTICLE XII. AMENDMENT.]

[1]. The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President; How are the and they shall make distinct lists of all persons voted filed? for as President, and of all persons voted for as VicePresident, and the number of votes for each, which

Votes certi

counted?

election ?

list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, And and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the If no highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately by ballot the President. But in choosing the President, the votes shall be taken How do the by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall If the not choose a President, whenever the right of choice refuse to shall devolve upon them, before the fourth day of March next following, then the Vice-President shall 172. act as President, as in the case of the death or other constitutional disability of the President.

168. The original read as follows:

States vote?

House

choose?

section?

[3.] The electors shall meet in their respective States, and vote What was by ballot for two persons, of whom one at least shall not be an in- the repealed habitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the