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found impossible, in an instrument of this kind, to descend to all the minute details of legislation; as it could not be foreseen what subjects would require the attention of congress. For the purpose, therefore, of giving greater latitude to the powers of the government,the word "expressly" which had been inserted before "delegated," was stricken out and omitted.

It must be presumed, therefore, that this article of amendment was not designed to restrict the powers previously granted by the constitution. By this rule of strict construction, a large proportion of the laws now in operation, would be unconstitutional and void; and "the power to make all laws necessary and proper to carry into effect the powers vested by the constitution in the government," would be useless. Congress has the power "to regulate commerce;" but the power is not expressly given to erect break-waters, to build light-houses, and to remove the obstructions in navigable rivers; this power can be derived only by implication, and as necessarily included in the power to regulate foreign and internal commerce. Congress has power to punish certain crimes expressed in the constitution; but it is not to be supposed, that, because these crimes are expressed, congress has not the power of punishing others not expressed. The power to make laws for any purpose whatever, would be wholly nugatory without the power to enact penalties whenever it may be necessary for carrying a measure into effect: yet this power to punish is merely an implied power, not expressly authorized by the constitution.

It is a general and well known principle, that all bodies politic necessarily possess all the powers incident to a

by an express power? An implied power? To what powers was congress confined by the confederation? What would be the effect of a strict construction? What powers do corporations necessarily possess?

corporate capacity, without an express declaration to that effect and the amendment in question could not, therefore, have been intended to abridge any power granted by the constitution.

CHAPTER XXI.

Restrictions on the Powers of Congress.

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 may be imposed by such importation, not exceeding ten dollars for each person."

This clause has reference to the slave trade which prevailed extensively in the United States when the constitution was framed. It would probably have been impossible to procure its ratification by the number of states required for its establishment, without recognizing the right of the states for a period to continue the importation of slaves. However, by yielding the right to prohibit such importation for a specified period, it doubtless contemplated the prohibition after that period should have elapsed.

Laws have accordingly been passed, from time to time, for the suppression of the foreign slave trade. [See Slave Trade, pages 144 and 145.] It is indeed to be regretted, that the great and invaluable charter of American liberty,

Who are meant by the persons whose importation should not be prohibited? To what does this provision have reference? Is the importation of slaves still continued? When was it discontinued?

has ever sanctioned this horrid traffic; and it is somewhat remarkable, that a provision of this character should be adopted by a people that had declared it be a self-evident truth, "that all men are created free and equal," and "endowed by their Creator with the unalienable rights of life, liberty, and the pursuit of happiness;" and who had solemnly declared any form of government to be unjust, that did not "derive its powers from the consent of the governed."

This acknowledgment of the right of man to hold, as property, his fellow man, is incompatible with a just sense of freedom. But while we cannot justify this principle, let us not condemn the motives of those who allowed this provision to be incorporated in the constitution; as it is not to be doubted, that they aimed, in all their deliberations and labors, at the greatest good of the whole nation. And it certainly affords cause for gratulation, that measures were so promptly adopted to abolish the foreign slave trade, at the earliest period permitted by the constitution.

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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."

Habeas corpus, (Latin,) signifies, have the body. If a person has been illegally deprived of his liberty, he may petition a court or judge, who issues a writ addressed to the party complained of, commanding him to have the body of the person confined before the judge or court. If, upon inquiry, the imprisonment is found to have been illegal, relief is granted. To the privilege of this writ, and to the right of trial by jury, the colonists were entitled. These are among the greatest privileges enjoyed under a free government, as they afford the most effectual security to the right of personal liberty.

What does habeas corpus signify? What is the course of proceed

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

Bills of attainder are acts of a legislature, by which capital punishments are inflicted upon persons pronounced guilty, without trial or conviction in the ordinary course of judicial proceedings. An ex post facto law is a law that declares an act to be criminal which was not so before the law was passed; or that renders an act punishable in a manner in which it was not punishable when it was committed..

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

Capitation signifies enumeration of heads. A capitation tax, usually called a poll tax, is therefore a tax laid on each person. Poll is said to be a Saxon word, meaning head; and, by a slight change, it is used also to signify an election, because the result depends on the number of persons that act in it.

"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."

A uniform rate of duties or taxes throughout the states, was deemed requisite to ensure domestic peace and harmony. The levying of higher duties in the ports of one state than in those of another, would prove a fruitful source of jealousy and dissatisfaction among the several members of the union. Hence the propriety of this stitutional restriction.

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ing with a writ of habeas corpus? What are bills of attainder? What is an ex post facto law? What does capitation mean? What

'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."

As congress is immediately responsible to the people, it is properly entrusted with the disposal of the public treasure. This provision was supposed, therefore, to be most likely to secure a faithful application of the public money. And to perfect the system of accountability, 'he public accounts are required, from time to time, to be submitted to the inspection of the people themselves. The experience of former governments had shown that the national treasury cannot be too strongly guarded.

"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 congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state."

This clause was evidently designed to guard against foreign influence in the administration of the government, and to prevent the introduction of customs that might, in time, diminish that respect for republican simplicity, which formed so conspicuous a trait in the American character.

is a capitation, or poll tax? What is a poll? Why should duties in all cases be uniform in the several states? What is the object of restrictions upon the appropriation of money? Why are titles of nobility, &c. forbidden?

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