after the performance of the act which it declares to be criminal. The obvious injustice of such a law renders it proper that it should be forbidden by the Con stitution. "The prohibition reaches every law whereby an act is declared a crime, and made punishable as such, when it was not a crime when done; or whereby an act, if a crime is aggravated in enormity, or punishment; or whereby different or less evidence is required to convict an offender than was required when the act was committed."

Art. 1, § 9, 4. "No capitation or other direct tax shall be laid unless in proportion to the census or enumeration herein before directed to be taken.”

A capitation is a poll-tax, that is, a tax levied by the head. This clause requires, that in laying a polltax only three-fifths of the slaves should be counted. Three-fifths of the slaves, it will be recollected, are included in the enumeration of the population with reference to representation and direct taxes.

Art. 1, § 9, 5. "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."

"To enter," is for the captain to report the arrival of the ship and the contents of the cargo, and get leave to land the same. "To clear," is to report the

ship and her intended voyage and cargo, and receive the necessary papers from the authorities.

This requires the National Government to treat the different States with equal justice. Under the British colonial system, no American vessel could enter a port on the continent of Europe, unless it had previously entered and cleared from a British port. The object of this was to benefit British ports. Congress cannot pursue a similar course in regard to any one of the States.

Art. 1, § 9, 6. "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."

The improper use of the public funds by any officer of government, is here guarded against, and additional responsibility thrown upon those who have charge of the treasury, by the publication of the receipts and expenditure.

Art. 1, § 9, 7. "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."

Titles of nobility are inconsistent with the equality which is the basis of republican institutions. The re

maining provision was intended to guard against for eign influence. The officials of one government have often been bribed to favor the interests of another This provision of the Constitution is not a perfect safeguard against bribery, but it will act as a restraint; at least, no one can be bribed by a title which he cannot accept.

The States are also prohibited from granting any title of nobility.

Art. 1, § 10, 1. "No State shall enter into any treaty, alliance, or confederatian; 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."

If a State could enter into treaties with foreign nations, it would render useless the power given to the General Government to make treaties. One State might enter into engagements with foreign nations which might be very injurious to other States. The action of a single State might involve the whole Lation in war. In fact, the chances for war would be multiplied by the number of States. There could be no such thing as a supreme national government if the individual States could enter into treaties, alliances, or confederation. We may here notice the impropriety of speaking of the States as sovereign States, when.

they are entirely destitute of the treaty-making power.

If the States could grant letters of marque and reprisal, there would be constant danger of war. Each State might as well have power to declare war, as to issue letters of marque.

If each State could coin money, the coinage of the different States might be different. There might be as many different currencies as States. Those who have travelled in Europe, and found themselves compelled to use different kinds of money in the course of a few hours as they passed from one territory to another, can have some idea of the great inconvenience that would result from having different kinds of money in the different States.

If the States possessed power to coin money concurrently with the General Government, and were to adopt and issue the same coins, there would not be the same security that there now is that the work would be faithfully done.

Under the Confederation, the States had a concurrent power with Congress to coin money; but Congress had exclusive power to regulate the alloy and the value of the coin issued by the States. The cost of coining is less, and the security for uniformity in value greater, by vesting the power of coining exclusively in the National Government.

The prohibition relating to bills of credit was

designed to prevent the States from issuing pape money--that is, treasury notes or government promises to pay, intended to circulate as money. Before and during the Revolution, Congress and the legislatures of the States issued bills of credit or paper money The consequence was, the disappearance of gold and silver from circulation, and the continued depreciation of the bills till they became worthless. The evils of an irredeemable, depreciating currency are great beyond calculation. There can be no doubt as to the wisdom of this prohibition on the States, and it may be questioned if there would not have been equal wisdom in extending it to the United States.

This prohibition to issue bills of credit, does not deprive the States of the power to borrow money and to give bonds or certificates of indebtedness. When the Constitution was formed, bills of credit signified a paper currency issued by the legislative power.

No State can "make any thing but gold and silver coin a tender in payment of debts." "A tender is an offer of a sum of money in satisfaction of a sum or claim, by producing and showing the amount to the creditor or party claiming, and expressing verbally a willingness to pay it. A mere offer to pay it is not, in legal strictness, a tender." Gold and silver is the usual legal tender throughout the civilized world. Gold and silver alone constitute money. When a man contracts a debt, enters into an engagement to