Define census?

21, 22.

24. 275, 285.

How many census re

ports?

inhibitions

as to commerce?

A numbering or

145. "CENSUS.". "-Lat. in the Roman law. enrollment of the people, with a valuation of their fortunes (personarum et bonorum descriptio). (Brissonius.) The right of being enrolled in the census books. (Butler's Corpus Jur. 27.) [Law Lat.] In old European law, a tax or tribute (tributum); a toll (Esprit des lois, liv. 30, c. 14). Burrill's Law Dic., CENSUS.

In this clause it doubtless has reference to Article 1, clause 3, which declares that "Representatives and direct taxes shall be ap-portioned among the several States which may be included in the Union according to their respective numbers," the basis of which, as has been seen, was to number every soul, but to exclude twofifths of the slaves from the ratio of representation. But since the destruction of slavery, all the "numbers" found by the future censuses must be counted, unless the new basis proposed by the fourteenth amendment shall have been adopted. This has naturally been one of the great points of controversy upon the reconstruction question. It is a legitimate fruit of the revolution.

To the philosophical statesman there has been nothing in the execution of the Constitution so valuable as the Census Reports and the Compendiums thereof, running through eight decades. The information and the classification have improved every year, until the present able head of the bureau has almost reduced the tables to perfection. Nothing is hazarded in saying that, had these reports been carefully studied, the Union never would have encountered its severe struggle.

What are the [5.] No tax or duty shall be laid on articles exported from any State. [6.] 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.

144.

81.

Can there be

exports?

146. "NO TAX OR DUTY."-The power is thus wholly taken any duty on away to interfere with the subject of exports. Story's Const. § 1014; Sergeant's Const. ch. 28, p. 346; Rawle's Const. ch. 10, p. 115, 116; United States v. Brig William, 2 Hall's Law Jour. 255, 259, 260. The subject was well considered in the Convention. Journals of Convention, 222, 275, 301, 318, 377; 2 Curtis's Hist. Const. 290, 304.

The clause was stricken out of the Constitution of the Confederate States. This clause read: "No preference shall be given by any regulation of commerce to the ports of one State over those of another."

And very heavy export duties were levied upon cotton, first by military orders, and afterward by statute. Paschal's Annotated Digest, p. 90, § 7.

The omission in regard to vessels was to correspond with their amendment in regard to commerce.

147. "NO PREFERENCE."-[Lat. prefero, the act of preferring.]

,

MONEY

--This means, that "all duties, imports and excises, shall be uniform What means throughout the United States." See Story's Const. § 1016-1031, preference? 3d edition and notes; Journals of the Convention, 227, 303, 304; 81. Federalist, No. 44.

An

IMPOST," or duty on imports, is a custom or tax levied on Define imarticles brought into a country. IMPORTS," are the articles post? themselves which are brought into the country. "A DUTY ON Import? IMPORTS is not merely a duty on the act of importation, but it is a duty on the thing imported. (Brown v. Maryland, 12 Wheat. 449.) Story's Const. § 1013-1031, 1072a-1072i, note 3.

75-77.

The power of the State inspection laws is retained, subject to Where is the revision and control of Congress. (Gibbons v. Ogden, 9 Wheat, the power of inspec203-206, 210, 235, 236, 311; Brown v. Maryland, 12 Wheat. 419, tion? 438, 439, 440.) Story's Const. § 1016, 1017; Curtis's Hist. Const. 189, 281, 282, 285, 290-297.

269.

Inspection laws form a portion of the immense mass of legislation, which embraces every thing in the territory of a State not 77-81. surrendered to the general government. Inspection laws, quarantine laws, and health laws, as well as laws for regulating the internal commerce of a State, and others, which respect roads, fences, &c., are component parts of State legislation, resulting from the residuary powers of State sovereignty. No direct power over these is given to Congress, and, consequently, they remain subject to State legislation, though they may be controlled by Congress when they interfere with their acknowledged powers. (See the authorities above cited; Federalist, Nos. 7, 22; Gibbons v. Ogden, 9 Wheat. 199-201.)

148. "VESSELS BOUND."-This clause has reference to the Define vescoasting trade, and the intercommunication by lakes, bays, rivers, sels bound? and creeks-a trade, the tonnage of which exceeds all our foreign tonnage by over a thousand per cent. The vastness of this commerce and its total exemption from taxation, show the immense value of the Union.

A State law requiring the payment of pilotage fees, does not infringe this clause. Cooley v. Board of Wardens, 12 How. 314-15; Pennsylvania v. Wheeling & Belmont Bridge Co. 18 Id. 421.

restrictions

treasury?

[7.] No money shall be drawn from the treasury, What are the but in consequence of appropriations made by law; over the and a regular statement and account of the receipts and expenditures of all public money, shall be published from time to time.

149. "NO MONEY," &C.-The definition of money here, is suffi- What means ciently comprehensive to embrace every kind of currency received money here? and expended by the government. 82-84, 98, 99.

States Con

The Confederate States Constitution contained this further How did the restriction: "Congress shall appropriate no money from the Treas- Confederate ury, except by a vote of two-thirds of both houses, taken by yeas stitution and nays, unless it be asked and estimated for by some one of the vary? heads of departments, and submitted to Congress by the President;

What is the creditor's remedy?

inhibitions

lity and pre

sents?

or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the government, which it is hereby made the duty of Congress to establish." Paschal's Annotated Digest, pp. 90, 91. As it was contemplated that the cabinet officers should have seats upon the floor, with the privilege of discussion; and as "the President may approve any appropriation, and disapprove any other appropriation in the same bill," this was certainly a great increase of executive power. A bill not estimated for had to receive a two-thirds vote, then encounter opposition by the head of department on the floor; and finally pass by a two-thirds vote over the President's veto. Paschal's Annotated Digest, pp. 87, 88, Art. I., § 6, 7, Clauses, 2, 2.

A court of claims was created by the act of 24th Feb., 1855; but the final power to allow or disallow the judgment of the court, still remains. 9 St. 612; 1 Brightly's Digest, 198.

Whether the public moneys at the disposal of the postmastergeneral, are technically in the treasury or not, the spirit of this provision applies to them, and ought to be faithfully observed in their expenditure. 3 Opin. 13. No other remedy exists for a creditor to the government, than an application to Congress for payment; he cannot have a lien on the public property in his possession or custody. United States v. Barney, 3 Hall's L. J. 130; 2 Wh. Cr. Cas. 513.

The reports of the receipts and expenditures are made to Congress annually, by the Secretary of the Treasury; and they form an important part of the executive documents of the nation.

What are the [8.] No title of nobility shall be granted by the as to nobi- 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.

Define nobility?

152.

Define office ?

150. "NO TITLE OF NOBILITY."-[Lat. Nobilitas.]-Being noble, whether by antiquity of family, or letters patent by the sovereign. Worcester's Dic., NOBILITY.--Here, the collective body of titled and privileged persons in a State; the aristocratic and patrician class; the peerage; as the English nobility, the French, German, Russian nobility. Webster's Dic., NOBILITY; 1 Black. Com. 156157.

Perfect equality is the basis of all our institutions. Story's Const. § 1351. A privileged order would certainly destroy our republican form of government. (See sec. X). The same restriction is upon the States. Id.

151. "NO PERSON HOLDING ANY OFFICE."--OFFICE. [Lat. Officium, or opificium; from opus, work, and facio, to do.] Here a public charge or employment. Worcester's Dic., OFFICE. Thus a mar

shal of the United States, cannot at the same time, hold the office of commercial agent of France. 6 Op. 409.

As to the object, see the Federalist (No. 84; 1 Tuck. Black) Com. App. 295-296; Rawle on the Const. ch. 10, p. 120; Story's Const. § 1352. An amendment was proposed in 1803, extending the prohibition to all private citizens. But it has never yet been ratified, Story's Const. § 1352.

unqualified

upon the

SEC. X. [1.] No State shall enter into any treaty, What are the alliance, or confederation; grant letters of marque and inhibitions reprisal; coin money; emit bills of credit; make any state? 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 obligation of contracts, or grant any title of nobility.

denied to

150.

153.

152. REMARK.-It will be observed that to Congress is either Which of given or denied all the powers herein inhibited to the States except these powers to make any thing but gold and silver coin a legal tender," "emit are given or bills of credit,” or pass any law impairing the obligation of con- the United tracts." Thus to the President, by and with the advice of the States? Senate, is given the right to enter into treaties, alliances, or confed- 178. erations. To Congress is given the right to coin money and grant 97, 98. letters of marque and reprisal; and from Congress is denied the 99, 178. power to create a title of nobility or pass ex post facto laws. About the power of Congress to emit bills of credit, make tenders in payment of debts, or to pass laws impairing the obligation of contracts, the Constitution is silent. Neither of these powers is reserved to the States under the tenth amendment; for they are expressly prohibited. Those who deny them to Congress do so upon the ground, that because they are denied to the States and not granted to Congress, they do not exist in either government. But on the other hand, it is answered, that the right to borrow money on the credit of the United States carries the right to emit bills of credit and to 78, 82. make them lawful tenders; and, as ex post facto laws relate to 143, 156. crimes, the power to pass bankrupt laws carries along the power to impair the obligation of contracts by the Federal Government. 94-96. The whole ground is narrow; and hence we have to be controlled by the precedents of the past and what is necessary and proper. None deny the concurrent power of Congress to make gold and silver coin a tender in payment of debts. But the argument is that it can make nothing else a lawful tender.

269.

powers de

153. TO ENTER INTO ANY TREATY, &C., TO COIN MONEY."- Why are These powers being national cannot exist in the States. Federal- national ist, No. 44; Rawle's Const. ch. 10, p. 136. They belonged to the Con- nied? federation, ante, p. 11, Art. 6. The same remark is true as to letters of marque and reprisal and coining money. Story's Const. §

1354-1357.

178, 195.

154. EMIT BILLS OF CREDIT.-To constitute a bill of credit, Define a bill within the Constitution, it must be issued by a State, involve the of credit?

88.

Where does

ders reside?

faith of the State, and be designed to circulate as money, on the credit of the State, in the ordinary uses of business. Briscoe v. Bank of Kentucky, 11 Pet. 257, 311; Woodruff v. Trapnall, 10 How. 204. As to what are such bills of credit, see Craig v. Missouri, 4 Pet. 410, 434-448; same case, 8 Pet. 40; Woodruff v. Trapnall, 10 How. 205; McFarland v. The Bank of Arkansas, 4 Ark. 410; Darrington v. State Bank of Alabama, 13 How. 12; Curran v. Arkansas, 15 How. 317-18. The loan certificates of Missouri were bills of credit, and formed no valid consideration for a contract. Mankster v. The State, 1 Mo. 321; Lopez v. The State, 1 Mo. 451; Craig v. Missouri, 4 Pet. 410, 435. And see State of Indiana v. Warm, 6 Hill, 33; Delafield v. State of Illinois, 26 Wend., 192; Sturges v. Crowinshield, 4 Wheat. 204-205; Madison's Letter to C. J. Ingersol, 2d Feb. 1811. Story's Const. § 1358-1373.

Bills of credit in the colonies were understood to apply to all paper money, whether funds were provided for their repayment or not. (See 2 Hutch. Hist. 208, 381.) Story's Const. § 1368. This author and the cases cited exhaust the whole learning upon the subject.

"Emit bills of credit," was omitted in the Constitution of tho Confederate States. The result was that many of the States issued large amounts of bills intended to circulate as money. Paschal's Annotated Digest, p. 91, Arts. 806–811.

155. "MAKE ANY THING BUT GOLD AND SILVER COIN A TENDER the power as IN PAYMENT OF DEBTS."-The things in this article, not also proto legal ten; hibited to Congress, are allowed to be exercised by it, if the power come within the purview of either of the express or implied powers granted. Metropolitan Bank v. Van Dyck, 27 N. Y. Rep. 418, 423, 442.

269.

83, 97, 98.

What may be a legal tender?

88.

"The interpretation which I give to this clause is, that the United States possess power to make any thing besides gold and silver a legal tender. * * They have a right to make bank paper a legal tender. Much more then, have they the power of causing it to be received by themselves in payment of taxes." (4) Elliot's Debates, 367, 368; Mr. Alston of South Carolina.) Metropolitan Bank v. Van Dyck, 27 N. Y. R. 418; The Pennsylvania Cases, 52 Penn. St. R. (2 Smith) 1–100.

There is no express delegation of power to Congress to legislate on the subject of legal tenders, neither is there any prohibition in the Constitution, upon Congress forbidding such legislation, or declaring what shall or shall not make a legal tender; the omission was not accidental. Metropolitan Bank v. Van Dyck, 27 N. Y. 422.

It was the opinion of Mr. Madison, that Congress would have the power to declare bills or notes issued on the credit of the United States, a legal tender, unless prohibited by the Constitution. Metropolitan Bank v. Van Dyck, 27 N. Y. 419, 420, 422, 423, 426.

The first legal tender act was in favor of foreign coin. (Act 1st July, 1793.) Metropolitan Bank v. Van Dyck, 27 N. Y. 424, where are cited all the acts on the subject.

A contract dated 16th December, 1851, payable "in gold or silver