Abbildungen der Seite
PDF
EPUB

411. No capitation or other direct tax may be laid, unless in proportion to the census or enumeration taken as directed by the constitution. 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.

412. No tax or duty may be laid on articles exported from any state. No preference may be given, by any regulation of commerce or revenue, to the ports of one state over those of another; nor may 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 constitutional restriction.

413. No money may 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, must 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, the 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.

striction exists respecting the laying of direct taxes? What is a capitution tax? What is the meaning of poll? 412. How is the imposition of duties restricted? What is the object of this restriction? 413. How is the drawing of money from the treasury restricled? What is the object of this provision? 414. What provision

[ocr errors]

414. No title of nobility may be granted by the United States; and no person holding any office of profit or trust under them may, 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. 415. Congress shall make no law respecting the estab lishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press. Among the "unalienable rights," with which men. are created, is religious liberty. This liberty has been denominated "the liberty of conscience," and "the rights of conscience." It is defined to be, "the liberty which a man has of discussing and maintaining, his religious opinions, and of worshipping God in that way and manner, which he believes in his conscience to be most acceptable to his Maker, without being liable to any degradation, penalties or disqualifications, civil or political."

416. A large portion of the early population of this country was composed of persons who had come hither, to escape the restrictions and disqualifications imposed, by the laws of the parent country, on dissenters from the established church. To avoid the evils which were known uniformly to flow from an alliance between the church and the state, and to secure to all the full enjoyment of religious freedom, all interference by the government in matters of religion, abridging in any degree the rights of conscience, by giving preference to any religious sect, is expressly prohibited by the above provision.

417. Both religious and civil institutions are most safe, as well as most prosperous, where religion derives no

is made to guard against foreign influence upon the government? 415. How is liberty of conscience, of speech, and of the press secured? What is religious liberty? 416. Why was this liberty deemed necessary? 417. What is essential to the enjoyment of

other support from government than protection in its free exercise. This it requires; and religious liberty cannot be said to exist, where the laws merely tolerate religion, but do not, by penal sanctions, protect men in the exercise of its duties.

418. Freedom of speech, and of the press, is equally necessary to the existence of a free state. The most odious restrictions had been, in many countries, laid upon the press. It was regulated by prohibitions and licenses from the government. New publications were not allowed to be issued, until they had been approved by licensers. But as such restrictions were deemed incompatible with all just ideas of freedom, the liberty of the press and of speech was guarantied to every citizen; he being amenable to the laws for the abuse of this liberty.

419. Of the restrictions remaining unnoticed, is that which preserves to citizens the right of trial by jury. This right is enjoyed in all criminal prosecutions, and in suits at common law, where the value in controversy shall exceed twenty dollars; and is secured by the 5th, 6th and 7th articles of amendment.

420. The institution of trial by jury, is derived from the English laws. Trial by jury was recognized in criminal suits in England, as early as about the beginning of the twelfth century; but in civil suits it seems not to have reached its present form, until near the middle of the thirteenth century. The jury system, in its present improved state, is justly considered the "great palladium of liberty." It was one of the most distinguished privileges enjoyed under the British constitution; for, as every one was tried by his peers, the meanest subject was as safe as the greatest. It was regarded by the colonists, as the most valuable civil privilege which they, as British subjects, possessed; and the infringement of this right constituted one of the grievances enumerated in the declaration of independence, as justifying the revolution.

religious liberty? 418. How was the liberty of the press formerly restricted in some countries? 419. How far does the right of trial by jury extend? 420. Whence is this right derived? What con

421. A jury usually consists of twelve men, (in some cases of a greater number,) who are sworn to deliver a truth upon such evidence as shall be delivered to them touching the matter in question. No person can be put on trial for a crime, until a grand jury shall have declared, after hearing the evidence against him, that he ought to be tried. Such declaration is founded upon the presumption that he is guilty. He is then put upon trial; and the unanimous verdict of a jury of twelve men, (called a petit jury,) is necessary to convict him. A two fold security to the liberties of the people, is provided by this mode of trial in criminal cases.

422. In some of the states in the union, parties to civil suits, in which the damage claimed is less than twenty dollars, are not allowed the privilege of juries. It has been well remarked, "it is the most transcendent privilege which any subject can enjoy, or wish for, that he cannot be affected either in his property, his liberty, or his person, but by the unanimous consent of twelve of his neighbors and equals."

CHAPTER XXVI.

Restrictions on the Powers of the States.

423. No state may enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any 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.

sideration renders this privilege valuable? 421. Of what does a jury consist? What are the duties of a jury? 422. How is the right of trial by jury restricted in some states? 423. What restrictions are imposed upon the states? 424. Why were the states pro

[ocr errors]

424. The restrictions which are here and elsewhere imposed upon the states, are indispensably necessary to secure to the country the blessings of union. Were every state at liberty to enter into treaties or alliances with foreign states, or with other members of the union, it is easy to foresee the evils and dangers that would result from such an exercise of this power. And with the power to grant letters of marque and reprisal, a state might involve the whole union in war, as this measure is usually followed by open hostilities.

425. To avoid the inconveniences that would arise from coins so various in value as might be expected if each state were permitted to coin money, and to regulate its value, this power was prohibited to the states, and granted exclusively to congress.

426. Bills of credit are declared to mean promissory notes, or bills issued éxclusively on the credit of the state, and which the faith of the state only is pledged to pay. The prohibition does not, therefore, apply to the notes of a state bank, drawn on the credit of a particular fund set apart for the purpose. The losses sustained previously to the adoption of the constitution, from the effects of paper money, rendered this restriction upon the powers of the states necessary; while the fluctuations in the value of paper money seemed to require that gold and silver only should be made a tender in payment of debts.

427. Laws impairing the obligation of contracts are inconsistent with the secure enjoyment of the right of property, and the fundamental principles of the social contract. The power to pass such laws is therefore properly prohibited to the states. A state legislature may alter or modify public corporations, such as counties, towns and cities, provided the property therein be secured to those who originally possessed it; but such legislature

hibited from entering into treaties or alliances? and from granting letters of marque and reprisal? 425. Why are they prohibited from coining money? 426. What are bills of credit? Why are the states restrained from issuing them! 427. Why are laws pro hibited impairing the obligation of contracts? How does this pro

« ZurückWeiter »