Studies in Civics Part 27

_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._

This provision has the same object in view as that which requires duties to be uniform--the impartial treatment of the several states. It shows, too, the fear felt by many that the general government _might_ show partiality.

The latter part of the clause virtually establishes free trade among the states.

_Clause 7.--Care of Public Funds._

_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 he published from time to time._

There are two great purposes to be subserved by this provision: First, to impose upon those handling the money a feeling of responsibility, and thus to increase the probability of carefulness; second, to prevent the use of public funds for any purpose except those authorized by the representatives of the people. This is in harmony with the provision which gives to congress the power to raise money.

Incidentally, too, this is a protector of our liberties. Those who have charge of the public purse are appointees of the president. But for this provision he might, as rulers in arbitrary governments do, use the public treasury to accomplish his own private purposes; and one of these purposes might be the overthrow of our liberties. This thought undoubtedly was a prominent one in the minds of the framers of the const.i.tution.

The account of receipts and expenditures is reported to congress annually by the secretary of the treasury.

_Clause 8.--t.i.tles of n.o.bility._

No t.i.tle of n.o.bility shall be granted by the United States;[1] and no person holding an office of profit or trust under them, shall, without the consent of the congress, accept of any present, emolument, office, or t.i.tle of any kind whatever, from any king, prince, or foreign state[2]_.

[1] This is in harmony with the principle "All men are created equal."

And, while in society there are cla.s.ses and grades based upon learning, wealth, etc., we intend that all shall be equal before the law, that there shall be no "privileged cla.s.ses."

[2] The purpose of this is evident--to free public officers from blandishments, which are many times the precursors of temptations to treason.

An amendment to the const.i.tution was proposed in 1811, prohibiting any citizen from receiving any kind of office or present from a foreign power, but it was not ratified.

SECTION X.--PROHIBITIONS ON THE STATES.

_Clause 1.--Unconditional Prohibitions._

_No state shall enter into any treaty, alliance, or confederation;[1]

grant letters of marque and reprisal;[2] coin money;[3] emit bills of credit;[4] make anything but gold and silver coin a tender in payment of debts;[5] pa.s.s any bill of attainder,[6] ex post facto law,[6] or law impairing the obligation of contracts,[7] or grant any t.i.tle of n.o.bility.[6]_

[1] Otherwise the intrigues of foreign nations would soon break up the Union.

[2] Had the states this power, it would be possible for any one of them to involve the whole country in war.

[3] This provision secures the uniformity and reliability of our coinage.

[4] A state may borrow money and may issue bonds for the purpose. But these bonds are not bills of credit, because they are not designed to circulate as money.

The evils of state issuance of bills of credit we cannot appreciate, but the framers of the const.i.tution had experienced them, and based this provision on that bitter experience.

[5] This has the same general purpose as the preceding.

It will be observed that there is no such prohibition on the United States, and the implied power to emit bills of credit and to make things other than gold and silver legal tender, has been exercised.

[6] Forbidden to the states for the same reason that they are forbidden to the United States.

[7] The purpose is to preserve the legal obligation of contracts. "The spirit of the provision is this: A contract which is legally binding upon the parties at the time and place it is entered into by them, shall remain so, any law of the states to the contrary notwithstanding." [Footnote: Tiffany quoted by Andrews.]

Under this provision many questions have arisen. One of them is this: May a state pa.s.s insolvent or bankrupt laws? It has been decided by the United States Supreme Court that a state may pa.s.s insolvent laws upon _future_ contracts, but not upon _past_ contracts. But no state can pa.s.s a bankrupt law.

_Clause 2.--Conditional Prohibitions._

No state shall, without the consent of the congress,[1] lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws;[2] 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;[3] and all such laws shall be subject to the revision of the congress.[4] No state shall, without the consent of congress, lay any duty of tonnage,[5] keep troops or s.h.i.+ps of war in time of peace,[6] enter into any agreement or compact with another state,[7] or with a foreign power,[7] or engage in war, unless actually invaded, or in such imminent danger as not to admit of delay.[8]_

[1] By implication, congress may give the states permission to do the things enumerated in this paragraph. But it never has.

[2] The inspection laws are designed to secure to consumers quality and quant.i.ty in commodities purchased. Thus, in some states there is a dairy commissioner whose duty it is to see that no substance is offered for sale as b.u.t.ter which is not b.u.t.ter. And officers may be appointed to inspect the weights and measures in stores. Such officers may be provided for without the consent of congress. But no fees can be charged for this service more than are necessary to pay the officers. In other words, the offices cannot be made a source of revenue to the state.

[3] This is to free the states from any temptation to use the power which might be conferred under this clause for their own gain, to the detriment of a sister state.

[4] This secures to congress the control of the matter.

[5] That is, a tax upon the carrying power of a s.h.i.+p. This is in harmony with the provision which forbids the states to levy duties on imports.

[6] This prohibits the keeping of a standing army, but each state may have its organized militia.

[7] In the preceding clause, the states are forbidden to enter into treaties, etc.,--that is, into _political_ compacts; and the prohibition is absolute. Here they are prohibited from entering into _business_ compacts, unless permitted by congress.

[8] For a state to engage in war would be to embroil the country in war.

But the militia might be sent to repel invasion. They would, however, be defending not the state simply, but also the United States.

"We have thus pa.s.sed through the positive prohibitions introduced upon the powers of the states. It will be observed that they divide themselves into two cla.s.ses: those which are political in their character, as an exercise of sovereignty, and those which more especially regard the private rights of individuals. In the latter the prohibition is absolute and universal.

In the former it is sometimes absolute and sometimes subjected to the consent of congress. It will at once be perceived how full of difficulty and delicacy the task was, to reconcile the jealous tenacity of the states over their own sovereignty, with the permanent security of the national government, and the inviolability of private rights. The task has been accomplished with eminent success." [Footnote: Story.]

_Pertinent Questions._

When was slavery introduced into the United States? Give an account of the steps taken to abolish it.

What is the use of the writ of habeas corpus? If a sane person were confined in an asylum, how could he be got out? Could a person who had taken religious vows imposing seclusion from the world, be released by means of this writ? Show the necessity of power to suspend the writ in cases of rebellion or invasion.

Could the thing forbidden in a _bill_ of attainder be done by a court?

Give an example of an _ex post facto_ law.

What is meant by "entering" and "clearing" a port?

How could the president get hold of any United States money other than that received in payment of his salary?

Could you receive a present from a foreign government? Name any American who has received a t.i.tle or a present from a foreign government. Must a t.i.tled foreigner renounce his t.i.tle on becoming an American citizen?

What are "greenbacks?" Did you ever see a state "greenback?" When do you expect to see one?

What is a contract? Could a legislature pa.s.s a law doing away with imprisonment for debt? What argument did Daniel Webster make in the famous Dartmouth College Case?