ance with that of a majority of congress: yet the ques tion is by no means settled. It is a question which has undergone much discussion and investigation, and on which there is still a great difference of opinion. Bills for renewal and incorporation, have several times received the executive veto, under different administrations. And it is admitted by the advocates of this power, that, to justify its exercise in the creation of a bank, such a corporation must be deemed necessary to carry into effect some ipower vested in the general government.

399. Under the power to establish post offices and post roads, and the power to raise money to provide for the general welfare, as well as the power to pass all laws necessary and proper for carrying into execution the powers vested in the general government, congress has, at different times, set apart funds for internal imrpovements in the states, by means of roads and canals. 400. It has been the practice to allow to the new states a portion of the proceeds of the sales of public lands, to be laid out in the construction of roads and canals within those states, or leading to them. The Cumberland road was constructed under the act of March, 1806, under a covenant made with the state of Ohio, that a portion of the proceeds of the sales of public lands lying within that state, should be applied to the opening of the roads leading to that state, with the consent of the states through which the road might pass. After the expenditures upon that road had exceeded the proceeds of the sales of the public lands in Ohio, a bill passed by both houses of congress, in 1817, appropriating funds for continuing it, was negatived by the president, on the ground that the consti'tution did not authorize the making of roads and canals, and improving water-courses, through the different states; nor could the states confer the power. In 1832, a bill appropriating money for repairing this road, and estab lishing toll gates upon it, was objected to by the president.

tion? On what grounds only, if on any, is it justifiable? 399. In what powers is the power to make internal improvements implied? 400. How was the Cumberland road authorized to be constructed? What bills relating to this road have been negatived?

401. Several presidents have, successively, denied the power of congress to pass bills for this and similar objects. But the power to lay out, construct and improve post roads and military roads, and to cut canals through the states, with their assent, for promoting internal commerce, and for the more safe and economical transportation of troops and military stores in time of war, is still claimed by congress, and pretty generally conceded. And the right to appropriate money for improvements which are not of a local or state character, but are of such general importance as to give them a national character, was admitted by president Jackson, in his message containing his objections to a bill that had passed both houses of congress, authorizing subscriptions to the stock of the Maysville turnpike road. It seems fair, therefore, to conclude, from the general practice of the government, that "the action of congress may be applied to those internal concerns which affect the states generally, but not to those which are within a particular state, and which do not affect other states.'

402. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. This amendment was added to the constitution as a necessary rule for its interpretation; but the amendment itself is liable to mis-construction. It has been considered as limiting the general government to the exercise of powers expressed in the constitution; and as prohibiting the exercise of any implied power, by which is meant, a power which is comprised in some other power, or which results from it as a necessary consequence.

403. By the confederation, each state retained all its sovereignty, and every power which was "not expressly delegated to the United States." This restriction upon

401. What kind of internal improvements are generally considered within the constitutional power of congress! 402. What powers are reserved to the states or to the people? Does this restriction limit the governinent to expressed powers? What is meant by implied power! 403. How was the power of congress restricted un

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the powers of congress, was one of the principal defects of the confederation, which led to its abolition. It had been found impossible, in an instrument of this kind, to descend to all the minute details of legislation; as it could not be forseen what subjects would require the attention. of congress, in all future time. For the purpose, therefore, of giving greater latitude to the powers of the gov ernment, the word "expressly," which had been inserted before "delegated," was stricken out and omitted.

404. 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, build light-houses, and remove the obstructions in navigable rivers: this power is derived only by implication, being necessarily included in the power to regulate 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.

405. 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 corporate capacity, without an express decla

der the confederation? What change was made in the new constitution to remedy this defect? 404. What would be the effect of a strict and literal construction of the constitution, upon existing laws? 405. What reasons are given in favor of implied constitu tional powers?

ration to that effect: and the amendment in question could not, therefore, have been intended to abridge any power granted by the constitution.

CHAPTER XXV,

Restrictions on the Powers of Congress,

406. It was provided, by the constitution, that congress should not, prior to the year 1808, prohibit the migration or importation of such persons as any of the states, existing when the constitution was adopted, might think proper to admit. 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 pages 137 and 138.]

407. It is indeed to be regretted, that the great charter of American liberty 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."

406. What restriction, relative to the importation of slaves, was imposed on congress? 407. Is the slave trade consistent with

408. 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 allow ed 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.

409. The privilege of the writ of habeas corpus may not be suspended, unless when, in case 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 to the party complained of, commanding him to have the body of the person confined before the judge or court. If, upon inquiry, the impris onment is found to have been illegal, relief is granted. The privilege of this writ, and the right of trial by jury, are among the greatest privileges enjoyed under a free government, as they afford the most effectual security to the right of personal liberty.

410. No bill of attainder or ex post facto law may 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.

the declarations of Americans? 408. Was the foreign slave trade prohibited as soon as it could be done constitution ally? 409. What is the meaning of habeas corpus? What restriction is imposed on congress concerning the writ of habeas corpus? 410. What are bills of attainder? Ex post facto laws? 411. What re