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NOTES 
 
 
 COKSTITUTIOI 
 
 If 1© Sf 
 
 EXPOSITIOIsTS 
 
 Of the Most Eminent Statesmen and Jurists. 
 
 pst0Mal mi %v^\)sM\mi pixtesi 
 
 -iV^ 
 
 ON EVERY ARTICLE. 
 
 Author of the "History ol' ^a^ Union and the Constitution." 
 
 NEW YORK: ^ 
 PUBLISHED BY J. F. FEEKS, 
 
 No. 26 ANN STREET. 
 
 / s 4 -^ 
 
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 «15^ 
 
 c^\-^ 
 
 Op 
 
 EitTfiBm accdrdlug to Act of Congress, in the year 1£64, by 
 
 J. F. FEEKS, 
 
 In the Clerk's Office of the Disirict Ciort of tUc United States, for theSouU»ern 
 
 District of Xew-yorlt. 
 
NOTE TO THE READER. 
 
 ■*^ « #i^i" 
 
 As these Notes are designed especially for the 
 "benefit of the Million, they have been left as free 
 as possible of all technical phrases. Brevity and 
 clearness have been the chief points aimed at, after 
 the prime purpose of giving a correct interpretation 
 of such parts of the Constitution, as have a direct 
 bearing upon the issues now before our country. The 
 necessary brevity of the work does not permit the 
 introduction of a larger number of references. Nor 
 "would the introduction of a great many references 
 comport with the object of the author, which is to 
 give an explanation that commends itself to the 
 reason and intelligence of the reader, by a direct 
 analysis of the text of the Constitution itself. It is 
 designed to help the reader to draw correct conclusions 
 for himself — to form opinions of his own, so that ho 
 may be able to successfully combat the errors and 
 delusions which are everywhere so prevalent in 
 relation to the nature and powers of the Federal 
 Government. 
 
n. 
 
 It -will be seeu that all of tlie test of tho Constitution 
 is in the largest type. 
 
 The author has mostly quoted Chief Justice Story, 
 because of his great reputation as a jurist, and be- 
 cause he was a Federalist, and never conceded a 
 point in favor of the democratic interpretation of tho 
 Constitution, when he was not forced to do so by the 
 incontrovertible meaning of the text. 
 
 The Reports of Dallas and Cranch, occasionally 
 referred to, are Reports of the decisions of the Su- 
 preme Court of the United States. 
 
NOTES 
 
 ON THE 
 
 CONST ITTJTIOlSr. 
 
 PREAMBLE. ' 
 
 We tlie People of the United States, in order 
 to form a more perfect union, establish justice, 
 insure domestic tranquility, j)rovide for the 
 common defence, promote the general welfare, 
 and secure the blessings of liberty to ourselves 
 and our posterity, do ordain and establish 
 this Constitution for the United States of 
 America. 
 
 NOTE. 
 
 This Preamble fully sets forth the reasons which 
 led our fathers to establish the Union, and affords a 
 perfect key to the true interpretation of the Constitu- 
 tion. 
 
6 NOTES ON 
 
 The term " We the People of the United States,^' afc 
 once defines the nature of the Federal government — 
 it is a government of States, and not of the People, as a 
 consolidated body. This preamble recognizes State 
 individuality, in opposition to the idea of the consolida- 
 tion of the States into one vast National body. It 
 was no part of the design of our fathers to form such 
 a consolidated government. The government estab- 
 lished by this Constitution is not of consolidated 
 States, but of " United States." United and consolida- 
 ted, are words of very different import. Had the de- 
 sign beoipi to form a government of one consoHdated 
 people, the Preamble would have read We the People 
 of America. But there is no such body politic known 
 as, The People of America. The name of our govern- 
 ment is the " United States "—that is, as the French 
 has it — ■"■ Les Etas Unis " — the States United. The 
 term, " We the People," in this preamble, is of pre- 
 cisely the same import as the phrase " the people of the 
 several States " in the second section of the first Arti- 
 cle of this Constitution. In the Constitutional Con- 
 vention of Virginia, Patrick Henry, referring to the 
 phraseology of this Preamble, exclaimed — " What 
 right had the framers of the Constitution to say "We 
 the people," instead of " We the States ?" Mr. 
 Madison replied — " Who are the parties to the gov- 
 ernment ? The people ; but not the people as com- 
 posing one great body ; but the people as composing 
 "thirteen sovereignties." This Preamble sets forth the 
 object of the Constitution to be " to form a more per- 
 fect Union." The idea of union and not consolidation 
 is still affirmed. We hear a great deal, at the present 
 time, about the "National Government," the "Na- 
 
THE CONSTITUTION. 7 
 
 tional forces," &c. ; but no sucL language is found in 
 the Constitution. On the contrary, the word " Na- 
 tionaV was designedly banished from that instru- 
 ment, as implying a principle inimical to the purposes 
 of the convention. In the first draft of a Constitution 
 introduced to the Convention by Governor Randolph, 
 the opening resolution declared, " That it is the opin- 
 ion of this committee, that a national government 
 ought to be formed." "When this came up for dis- 
 cussion, Judge Ellsworth, of the State of Connecti- 
 cut, said, " I propose, and therefore move, to expunge 
 the word national from the first resolve, and place in 
 the room of it, " government of the United States.'^ 
 This passed unanimously, which voted this now pop- 
 ular word, ^^ national" out of the Constitution, as 
 something contraband of the nature of the govern- 
 ment which they were endeavoring to establish. In 
 the debate on this matter, Mr. Lansing of the State 
 of New York, said, " I am already of the opinion, that 
 I am not authorized to accede to a system which will 
 annihilate the State governments. When many of 
 the states are so tenacious of their rights on this 
 point, can we expect that thirteen States will surren- 
 der their governments up to a national plan." Those 
 who advocated the " national plan," were in such a 
 small minority in the convention, that they at once 
 abandoned the idea, and gracefully yielded to the 
 plan of a government of co-equal, sovereign and inde- 
 pendent States. 
 
 This preamble further sets forth the object of the 
 constitution to be, to "ensure domestic tranquility, 
 and to secure the blessings of liberty to ourselves and 
 our posterity." This then was the object of the 
 
8 NOTES ON 
 
 formation of the Union. As long as it secures to tlie 
 States these great and inestimable blessings of " do- 
 mestic tranquility " and " liberty," every party to the 
 compact is bound faithfully to support it. But when- 
 ever it becomes destructive of the objects for which it 
 was formed, it is clearly the right of the States whose 
 "domestic tranquility" and "liberty" maybe en- 
 dangered to assert their original sovereign powers 
 for their own protection and happiness. The position 
 laid down by Daniel Webster that "a compact broken 
 on one part is broken on all" is one that no sane man 
 disputes. This ground is fully affirmed in the follow- 
 ing clause of the Resolutions of " '98 :" " The States, 
 then, being the parties to the Constitutional compact, 
 and in their sovereign capacity, it follows of necessity 
 that there can be no tribunal above their authority, 
 to decide, in the last resort, such questions as may be 
 of sufficient magnitude to require their interposition." 
 It has sometimes been denied that the States adopted 
 the Constitution in the capacity of sovereign bodies, 
 because it was done in conventions of the people. 
 Even Chief Justice Story seems to have labored under 
 a delusion growing out of this fact. It is true the 
 constitution was ratified by the people ; but not by the 
 people of the whole United States as one body, but by 
 the people of the *' several States," assembled each in 
 its distinct and separate statehood, to ratify or reject 
 the constitution as it pleased in its own sovereign 
 powers. Had the people designed to adopt a consti- 
 tution, in their collective capacity as one great nation, 
 there could have been no caUing of separate state 
 conventions, but delegates would have been chosen 
 from all the states to one general convention, for the 
 purpose of deliberating upon the question of adoption 
 or rejection. 
 
THE CONSTITUTION. 9 
 
 ARTICLE I. 
 
 Section 1. 
 
 All legislative Powers herein granted shall be 
 vested in a Congress of the United States, which 
 shall consist of a Senate and House of Represen- 
 tatives. 
 
 IH80TE. 
 
 " Powers herein geanted." All the legislative powers 
 of the Federal Government are declared to be of the 
 nature of a " grant.'''' The grantors are the States, 
 and the grantee, or federal government, is therefore 
 the dependent agent of these sovereign bodies. The 
 federal government possesses only such powers as 
 were "granted" by its framers and masters, the 
 States. It is not a party to the compact, but is the 
 general agent for administering certain offices re- 
 sulting from the compact. 
 
 Section 2. 
 
 1. The House of Representatives shall be com- 
 posed of Members chosen every second Year by 
 the People of the several States, and the Elec- 
 tors in each State shall have the Qualifications 
 requisite for Electors of the most numerous 
 Branch of the State Legislature. 
 
10 NOTES ON 
 
 NOTE. 
 
 Thus the power of Congress represents not a con- 
 solidated people, but the people of the "several States.^' 
 It represents the sovereignty an independence of the 
 States. If the States should refuse to elect members 
 of Congress the federal government has no remedy 
 against such action on the part of the States. Though 
 its own existence would be put in jeopardy, it has no 
 remedy. It is a matter in which the sovereignty of 
 the States is perfect. Congress has no power to or- 
 der an election in a non-complying State. Thus in 
 ' the first article of the constitution did " the several 
 States " reserve to themselves the power to annihilate 
 Congress, if a majority of them so please. It was 
 never the intention of the States to make the Con- 
 gress their masters. All the powers they granted 
 were for their ow^n benefits ; and they retained the 
 power to even annihilate Congress if it should ever 
 so suit their sovereign pleasure. 
 
 2. No person shall be a Representative who 
 shall not have attained to the Age of twenty five 
 Years, and been seven Years a Citizen of the 
 United States, and who shall not, when elected, 
 be an Inhabitant of that State in which he shall 
 be chosen. 
 
 3. Representatives and direct Taxes shall be 
 apportioned among the several States which may 
 be included within this Union, according to 
 
THE CONSTrrUTION. 11 
 
 their respective Numbers, which shall be deter- 
 mined by adding to the whole Number of free 
 Persons, including those bound to Service for a 
 Term of Years, and excluding Indians not taxed, 
 three fifths of all other Persons. The actual 
 Enumeration shall be made within three Years 
 after the first Meeting of the Congress of the 
 United States, and within every subsequent 
 Term of ten Years, in such manner as they shall 
 by Law direct. The Number of Representatives, 
 shall not exceed one for every thirty Thousand, 
 but each State shall have at least one Represen- 
 tative ; and until such enumeration shall be 
 made, the State of New Hampshire shall be en- 
 titled to choose three, Massachusetts eight, 
 Rhode Island and Providence p]r^i]l:ili' riii one, 
 Connecticut five. New York six, Isew Jersey 
 four, Pennsylvania eight, Delaware one, Mary- 
 land six, Virginia ten. North Carolina five. South 
 Carolina five, and Georgia three. 
 
 4. When Vacancies happen in the Represen- 
 .tatioji^from any State, the Executive Authority 
 thereof shall issue Writs of Election to fill such 
 ^Vacancies. , 
 
 5..-The House of Representatives shall choose 
 .their Speaker and other Officers j and thall have 
 the_~sole Power of Impeachment. 
 
12 NOTES ON 
 
 NOTE. 
 
 While the sole power of impeachment is given to 
 the House of Representatives, the power to try all 
 impeachments is in the Senate. The powers of the 
 House in this particular are similar to those of a 
 grand jury, whose business it is to find the bill of in- 
 dictment, while the Senate is the high court to try 
 the case. Those who are liable to impeachment are 
 the President, Vice President and all civil ojficers of 
 the United States. [See Article II. Section 4.] Thus 
 the "several states" have reserved to themselves, 
 through the representatives of their sovereignty, the 
 right to remove the President and all the officers of 
 the federal government from office, if they prove un- 
 faithful to the duties entrusted to them. This right 
 of impeachment of all the officers of the federal gov- 
 ernment is the very highest assertion of State sover- 
 eignty. 
 
 Section 3. 
 
 1. The Senate of the United States shall be 
 composed of two Senators from each State, 
 chosen by the Legislature thereof, for six Years ; 
 and each Senator shall have one vote. 
 
 The Senate, the highest branch of the federal legis- 
 lature, is the creature of the " several States," and 
 represents their sovereignty — their absolute sover- 
 eignty ; for there is no power in the federal govern- 
 
THE CONSTITUTION. 13 
 
 ment to compel the State legislatures to elect XJ. S. 
 Senators. Suppose a majority of the States shou'd 
 refuse to elect Senators, "what would become of the 
 federal government? It would come to a sudden 
 end. The legislative branch would be swept ou!.ci 
 existence, leaving the executive and the federal 
 branches without legal powers to proceed. The ad- 
 ministration of the federal government must in such 
 an event cease. The existence of the Federal Gov- 
 ernment would vanish from the face of the earth, 
 leaving the " several states " precisely as they were 
 before the adoption of the federal constitution. 
 
 The number of Senators — two from each State — is 
 a further proof of the determination of the States not 
 to hazard their sovereignt3^ By this Constitution 
 the State of Rhode Island, which has a population 
 less than that of a single county of the State of New 
 York has the same power in the Federal Senate that 
 the largest State in the Union possesses. The sover- 
 eignty of a small State is as absolute as that of a 
 large one — and not one of the small States would 
 have adopted the constitution, had it denied them 
 perfect equality, in the chief branch of the federal 
 legislature. The federal Senate represents the State 
 as sovereignties, and not the people at large, that is 
 the reason why a small State has the same number of 
 Senators that the largest have. 
 
 2. Immediately after they shall be assembled 
 in consequence of the fii*st Election, they shall 
 be divided as equally as may be into three 
 Classes. The Seats of the Senators of the first 
 
14: NOTES ON 
 
 Class shall be vacated at the Expiration of the 
 second Year, of the second Class at the Expira- 
 tion of the fourth Year, and of the third Class at 
 the Expiration of the sixth Year, so that one- 
 third may be chosen fevery second Year ; and if 
 Vacancies happen by Resignation, or otherwise, 
 during the Recess of the Legislature of any 
 State, the Executive thereof may make tempo- 
 rary Appointment until the next Meeting of 
 the Legislature, which shall then fJl such Ya- 
 cancies. 
 
 3. No Person shall be a Senator who shall not 
 have attained to the Age of thirty Years, and 
 been nine Years a Citizen of the United States, 
 and who shall not, when elected, be an Inhabi- 
 tant of that State for which he shall be chosen. 
 
 4. The Yice President of the United States 
 shall be President of the Senate, but shall have 
 no Vote, unless they be equally divided. 
 
 5. The Senate shall choose their other Offi- 
 cers, and also a President pro tempore, in the 
 absence of the Yice President, or when he shall 
 exercise the Office of President of the United 
 States. 
 
 6. The Senate shall have the sole Power to 
 try all Impeachments. When sitting for that 
 
THE CONSTITUTION. 15 
 
 Purpose, they shall be on Oath or Affirmation. 
 When the President of the United States is tried, 
 the Chief Justice shall preside : And no Person 
 shall be convicted without the Concurrence of 
 two thirds of the Members present. 
 
 Yv Judgment in Cases of Impeachment shall 
 not extend further than to removal from Office, 
 and Disqualifications to hold and enjoy any Office 
 of Honorj- Trust or Profit under the United 
 States ; but the Party convicted shall neverthe- 
 less be liable and subject to Indictment, Trial, 
 Judgment and Punishment, according to Law 
 
 NOTE. 
 
 Althoiign' tho vote of impeachment by the Senate 
 can go 113 furl-^cv t!ia,n to roi^iovo the impeached from 
 office, lie is liable to be tried by the civil coiu'ts, or 
 may be fined, imprisoned or hanged, according to the 
 nature of his offence. The President is just as liable 
 to arrest, if he breaks the laws, as the poorest vagrant 
 in the land.. Any man breaking the laws, acting by 
 his authority, as a general, United States marshal, or 
 provost marshal, is just as liable to arrest and punish- 
 ir^nt as though he committed the lawless deeds of his 
 "bwn motion. By executing the sentence of a court- 
 martial, if it proves to be a violation of the laws of 
 the land, the officer makes himself liable. The sen- 
 tence of the court is no protection to the officer. See 
 Cranch's Reports of the Supreme Court, Vol. 1 — 333. 
 
16 NOa'ES ON 
 
 Section 4. 
 
 1. The Times, Places and Manner of holding 
 Elections for Senators and Representatives, shall 
 be prescribed in each State by the Legislature 
 thereof ; but the Congress may at any time by 
 Law make or alter such Regulations, except as 
 to the places of choosing Senators. 
 
 2. The Congress shall assemble at least once 
 in every Year, and such Meeting shall be on the 
 first Monday in December, unless they shall by 
 Law appoint a different Day. 
 
 Section 5. 
 
 1. Each House shall be the Judge of the 
 Elections, Returns and Qualifications of its own 
 Members, and a Majority of each shall constitute 
 a Quorum to do Business ; but a smaller Num- 
 ber may adjourn from day to day, and may be 
 authorized to compel the Attendance of absent 
 Members, in such Manner, and under such Pen- 
 alties as each House may provide. 
 
 2. Each House may determine the Rules of 
 its Proceedings, punish its Members for disor- 
 derly Behaviour, and, with the Concurrence of 
 two thirds, expel a Member. 
 
THE CONSTITUTION. 17 
 
 3. Eacli House shall keep a Journal of it=» 
 Proceedings, and from time to time publish the 
 Eame, excepting such Parts as may in their Judg- 
 ment require Secrecy ; and the Yeas and Kays 
 of the Members of either House on any question 
 shall, at the Desire of one fifth of those Present, 
 be entered on the JournaL 
 
 4. Neither House, during the Session of Con- 
 gress, shall, without the Consent of the other, 
 adjourn for more than three Days, nor to any 
 other Place than to that in which the two Houses 
 shall be sitting. 
 
 Section 6. 
 
 1. The Senators and Representatives shall 
 receive a Compensation for their Services, to be 
 ascertained by Law, and paid out of the Treas- 
 ury of the United States. They shall in all 
 Cases, except Treason, Felony and Breach of the 
 Peace, be privileged from Arrest during their 
 Attendance at the Session of their respective 
 Houses, and in going to and returning from the 
 same ; and for any Speech or Debate in cither 
 House, they shall not be questioned in any other 
 Place. 
 
 2. No Senator or Representative shall, during 
 
18 NOTES ON 
 
 the Time for wliicTi he was elected, be appointed 
 to any civil Office under the Authority of the 
 United States, which shall have been created, 
 or the Emoluments whereof shall have been in- 
 creased during such time ; and no Person hold- 
 ing any Office under the United States, shall be 
 a Member of either House during his Continuance 
 in Office. 
 
 Of the last clause of this sixth section Chief Justice 
 Story says : — " The object of these proYisions is suffi- 
 ciently manifest. It is, to preserve the legislature 
 against undue influence, and direct corruption on the 
 part of the Executive. The great securities for so- 
 ciety — those, on which it must forever rest in a free 
 government — are, responsibility to the people through 
 elections, and personal character, and purity of prin- 
 ciple." 
 
 The members of the Federal Congress are the 
 agents or servants of the people of the States, and so 
 careful were the framers of the Constitution to pro- 
 vide for keeping them so, that the instrument bars 
 senators or representatives from accepting any office 
 under the authority of the United States, and forbids 
 a person holding office under the Federal Govern- 
 ment to be elected a senator or representative. Chief 
 Justice Story in a further comment on this clause 
 says : — " It is doubtless founded in a deference to 
 State jealousy, and a sincere desire to obviate the 
 fears, real or imaginary, that the General Government 
 
THE CONSTITUTION. 19 
 
 •would obtain an undue preference over the State 
 Government." The Federal Congress since the elec- 
 tion of Mr. Lincoln has entirely disregarded the spirit 
 and intent of this clause of the Constitution, a 
 majority of them have been the guilty tools of Ex- 
 ecutive usurpation and despotism. In violation of 
 the Constitution they have passed acts clothing the 
 President with monarchial and despotic powers. 
 They have passed acts designed to protect the 
 President from just punishment for violations of lav/ ; 
 and have appropriated the pubUc funds to aid him 
 in destroying the purity of elections in the States, 
 In a word they have ceased to be the representatives 
 or servants of the States, and have become the rep- 
 resentatives or pliant tools of the Federal Executive. 
 
 Section 7. 
 
 1. All Bills for ra'siDg Eevenue shall origiD ate 
 in the House of Representatives ; but the Senate 
 may propose or concur with Amendments as on 
 other Bills. 
 
 NOTE. 
 
 This is the rule in the English Parliament, where 
 all bills appropriating money originate in the House 
 of Commons. The reason is that all appropriations 
 of the people's money " should originate with their 
 immediate representatives." 
 
 This was no doubt the thought of the framers of 
 our Constitution. But the spirit of this clause has 
 
20 NOTES ON 
 
 been violated dnring the whole time of the present 
 administration. The bills for raising revenue have 
 been conceived by the President or his Cabinet ; and 
 have then been shaped in caucuses of the Senate and 
 House of Bepresentatives — all acting together as if 
 conspiring against the sovereign dignity of the States, 
 and the pockets of the people "whom they were sent 
 to represent. 
 
 2. Every Bill which shall have passed the 
 House of Representatives and the Senate, shall, 
 before it become a Law, be presented to the 
 President of the United States ; If he approve 
 he shall sign it, but if not he shall return it, with 
 his O'ojectioDS to that House in which it shall 
 have oi'iginated, v/ho shall enter the Objections 
 at large on their Journal, and proceed to recon- 
 sider it. If after such Heconsideration two 
 thirds of that House shall agree to pass the Bill, 
 it sha-l be sent, together with the Objections to 
 the other House, by which it shall likewise be 
 reconsidered, and if approved by two thirds of 
 that House, it shall become a Law. But in all 
 such Cases the Yotes of both Houses shall be 
 determined by Yeas and Nays, and the Names 
 of the Persons voting for and against the Bill 
 shall be entered on the Joijrnal of each House 
 respectively. If any Bill shall not be returned 
 by the President within ten Days (Sundays ex- 
 
THE CONSTITUTION. 21 
 
 cepted) after it shall have been presented to 
 him, the Same shall be a law, in like Manner as 
 if he had signed it, unless the Congress by their 
 Adjournment prevent its Return, in which Case 
 it shall not be a Law. 
 
 3. Every Order, Resolution, or Vote to which 
 the Concurrence of the Senate and Ilouse of 
 Representatives may be necessary (except on a 
 question of Adjournment) shall be presented to 
 the President of the United States ; and before 
 the Same shall take Effect, shall be approved by 
 him, or being disapproved by him, shall be re- 
 passed by two thirds of the Senate and House of 
 Representatives, according to the Rules and 
 Limitations prescribed in the Case of a Bill. 
 
 Section 8. 
 
 1. The Congress shall have Power to lay and 
 
 collect Taxes, D^^ " "., Imposts and Excises, to 
 pay the Debts and. j rovide for the common De- 
 fence and geucrra Welfare of the United States; 
 but all Duties, Imposts and Excises shall be uni- 
 form throughout the United States; 
 
 NOTE. 
 
 The whole of this eighth section is devoted to the 
 
22 NOTES ON 
 
 powers of Congress. In studying these powers we 
 are to bear in mind that Congress derives all its pow- 
 ers from the Constitution. It is therefore a body of 
 limited powers. An act of Congress made contrary 
 to the restrictions of the Constitution is absolutely 
 void — is not a law. See Dallas' Reports of the Su- 
 preme Court 111:399, and I Cranch, 176. 
 
 The opening clause of this eighth section gives 
 Congress the power to collect taxes, duties and im- 
 posts, to pay the debts and provide for the common 
 defence, &c., of the United States. It expressly 
 names for what purposes Congress may tax the peo- 
 ple. It can collect taxes and duties for no other pur- 
 pose, than for the " common defense and general wel- 
 fare." The last and the present Congress have taxed 
 the people to buy negroes of the border States — to 
 teach negroes to read and write on the coast of North 
 and South Carolina — to give negroes transportation 
 from the South to the North — to build negroes' 
 houses, and to feed and clothe them — all of which is 
 a violation of the Constitution. Congress has no 
 power to tax the people for such purposes. Surely 
 no one will contend that these are among the neces- 
 sary and legitimate expenses of the government of 
 tho United States. If Congress has a right to tax 
 the people for such purposes, there can be no limit to 
 its powers. Chief Justice Story says this clause 
 means " a limitation or qualification of the power of 
 taxation ; so that no taxes can be laid by Congress, 
 except to pay the debts, and to provide for the com- 
 mon defence and general welfare." To pay the debts 
 means the ordinary and legitimate expenses of gov- 
 ernment. The distinguished jurist above quoted fur- 
 
THE CONSTITUTION. 23 
 
 ther says — " The power of taxation is not unlimited 
 in its character. The taxes levied must be (as "we 
 have seen) either to pay the public debts, or to pro- 
 vide for the common defense and general welfare of 
 the United States." 
 
 This clause of the constitution also requires that 
 " all the duties, imposts and excises shall be uniform 
 throughout the United States." On this Chief Jus- 
 tice Story says — "The reason of the latter rule is, to 
 prevent Congress from giving any undue preference 
 to the pursuits or interests of one state over those of 
 another. It might otherwise happen, that the agri- 
 culture, commerce, or manufactures of one state, 
 might be built up on the ruins of the interests of an- 
 other." This is what Congress has done, especially 
 since the accession of the Republican party to power. 
 The manufacturing states of the East are getting rich 
 to the detriment of the agricultural states of the West. 
 The Congressional legislation which has produced 
 this result, is clearly a subversion of the intent of this 
 clause of the constitution. 
 
 2. To borrow Money on the credit of the 
 United States ; 
 
 3. To regulate Commerce with foreign Na- 
 tions, and among the several States, and with 
 the Indian Tribes. 
 
 NOTE. 
 
 Congress is authorized to borrow money on the 
 
24: NOTES ON 
 
 credit of the United States for the purpose of paying 
 the public debt and for the general welfare, and for 
 no other purpose. The right to pay the public debt 
 carries with it the power to raise money for that pur- 
 pose. And for such a purpose Congress may borrow 
 money on the credit of the United States. But Con- 
 gress has no right to borrow money on the credit of 
 the United States, to purchase, feed, clothe, educate, 
 or otherwise provide especially for negroes, to trans- 
 port soldiers home to vote, &c. 
 
 The power "to regulate commerce " is to be exeiicised 
 only in agreement with the objects for which taxes 
 may be collected or money borrowed, viz : to pay the 
 public debt, and to provide for the common defense 
 and general welfare. It has been a disputed ques- 
 tion, whether Congress has power to lay duties on im- 
 ports for the purpose of encouraging manufactures. It 
 should be noticed that all the powers here given to 
 Congress touching this matter are clearly for the 
 purpose of revenue and for no other purpose. 
 And these powers are all confined to the general wel- 
 fare. Legislation for a class or a section is forbidden 
 in this instrument. The Congress have no more 
 right to impose taxes for the encouragement of manu- 
 factures, than they have to do so for the encourage- 
 ment of meeting houses or any other local or private 
 interest. 
 
 4. To establish an uniform Rule of Naturali- 
 zation, and Tiniform Laws on the subject of 
 Bankruptcies throughout the United States ; 
 
 5. To cofn Money, regulate the Value thereof, 
 
THE CONSTITUTION. 2^ 
 
 and of foreign Coin, and" fix tlie Standard of 
 Weights and Measures/ 
 
 NOTE. 
 
 To coin moneij admits of no doubtful signification. 
 As the term is adopted without explanation, it must 
 be understood in its ordinary accej)tation. 
 
 To coin money means to stamp coin. By no con- 
 struction possible can it be made to signify to print 
 paper. If Congress has any Constitutional power to 
 print paper to occupy the place of coin as money it 
 must be sought for in the above clause. 
 
 The common sense of any man teaches him that 
 paper is not coin, and it is difficult to imagine how it 
 is possible for any man to infer the right of Congress 
 to print a paper currency from the powers granted 
 in this clause of the Constitution. It is impossible to 
 believe that Congress supposed it possessed any such 
 right when it passed the bill, or that the judges, who 
 have pronounced the act Constitutional are honest. 
 One judge who gave such a decision based his opinion 
 upon the words to "regulate the value thereof.'' But 
 the clause reads that Congress shall have power to 
 " coin money, regulate the value thereof — " i. e. to reg- 
 ulate the value of coined money. The language ad- 
 mits of no doubt. Greenbacks are not, in the mean- 
 ing of the Constitution, money, because Congress has 
 no power delegated to it, to make such a currency. 
 A greenback is no more than an unsecured promise 
 to pay. It is ih.Q promise of a party which is already 
 bankrupt. It was never the intention of the framergf 
 
26 NOTES ON 
 
 of the Constitution to expose tlie people of tliese 
 States to the ruin liable to follow such a rotten 
 
 system. 
 
 6. To provide for the Punishment of counter- 
 feiting the Securities and current Coin of the 
 United States ; 
 
 7. To establish Post Offices and Tost Roads. 
 
 NOTE. 
 
 The right to establish post roads must be under- 
 stood to apply to territories of the United States, or 
 to such places as belong to the United States. Over 
 the soil of the States the United States has no Juris- 
 <diction, to allow it to construct public roads without 
 the consent of the State. Without the consent of the 
 State the United States cannot locate a post office, 
 light-house, custom-house, or hospital on the soil of a 
 State. The right of eminent domain is with the State. 
 The power of the States over all the territory belong- 
 ing to them is absolute. Congress cannot locate a 
 post road or any other road through a state unless by 
 the grant of the State. In 1808 the United States 
 wanted to build a light house at Sandy Point, N. Y. 
 The parties owning the land refused to sell, and the 
 United States, admitting its inability to take the land 
 even for the indispensable purpose of building a light- 
 house, applied to the State of New York, which like all 
 the States, has sovereign jurisdiction over all its ter- 
 ritory. And for the relief of the United States, 
 the State of New York passed a special act, April 1st, 
 
THE CONSTITUTION. 277 
 
 1808, to tlie effect tliat the authorities of tlie State 
 should purchase the said land at Sandy Point of its 
 owners ; and, in case they still refused to sell, the 
 state authorities were authorized to issue a writ ad 
 quod damnum,^ to take the land in the name of tho 
 States paying the owners full and fair price for the 
 same. 
 
 The last clause of this act sets forth that the state 
 authority should be " empowered to convey and grant 
 the same to the United States : Provided, That the 
 consideration money and costs are paid to him by or 
 on behalf of the United States." In the 1st Vol. of 
 the Laws of the State of New York, are found several 
 acts granting land to the United States for public 
 purposes. The United States Government cannot 
 use a foot of the soil of any state for any purpose 
 whatever, "without the permission of the State. 
 Light houses. Custom houses, Post Offices and Hos- 
 pitals, are indispensable things ; but the Federal 
 Government cannot build these anywhere without 
 first obtaining permission of the State, on whose soil 
 it is designed to construct the public works. The 
 right of jurisdiction over the soil of the States, is not 
 among the powers granted to the Federal Govern- 
 ment in the Constitution. Therefore, the bill now 
 before Congress to estabhsh a military or some sort 
 of United States road, through the State of New Jer- 
 sey, if passed will be plainly vmconstitutional, without 
 the consent of the State of New Jersey. Any party 
 attempting to carry out the objects of such a bill, will 
 
 ♦The literal meaning is to that injury. Tho force of tho writ was for the Slate (o 
 assume possession, and call a jury to assess the value of tho land, or the pecuniary^ 
 injury done to tho parties owning it, by assuming Ufor the puhllc. 
 
28 NOTES ON 
 
 be liable to arrest and restraint by the authorities 
 of the State whenever and wherever they shall make 
 such an attempt. The powers of Congress to make 
 such roads, even with the consent of the State, has 
 been denied by the very highest authority ever since 
 the foundation of the Government. Jefferson in his 
 message of Dec. 2d, 1806, declared that Congress has 
 no such powers. Madison in his message of Dec. 
 , 3d, 1816, did the same. Jackson did the same in 
 1830, and President Polk in 1846. Chancellor Kent 
 says, " Congress, however, claims the power to lay 
 out, construct and improve post roads, with the assent 
 of the States through which they pass. They also 
 claim the power to open and impose military roads 
 on like terms (i. e. on consent of the States) and on 
 leaving in all these cases the jurisdictional right in 
 the respective States." The tendency of Congress 
 has been more or less to transcend its constitutional 
 powers, but it never claimed that it could establish a 
 road of any description through a State, without the 
 consent of the State. 
 
 8. To promote the progress of Science and 
 ■useful Arts, by securing for limited Times to 
 Authors and Inventors the exclusive Right to 
 their respective Writings and Discoveries ; 
 
 9. To constitute Tribunals inferior to the Su- 
 preme Court ; 
 
 10. To define and punish Piracies and Felonies 
 committed on the high Seas, and Offences against 
 the Law of Nations ; 
 
THE CONSTITUTION. 29 
 
 11. To declare War,' grant Letters of Marque 
 and Eeprisal, and make Rules^ concerning -Cap- 
 tures on Land and Water. 
 
 NOTE. 
 
 Tlie power lo declare ' war is in Congress alone. 
 The President lias no more right to declare war, or 
 to take any step which amounts to a declaration of 
 war, than any private individual has."^^ To give such 
 a power to the President would be to commit the 
 liberties and rights of the people to the caprice, re- 
 sentment, or recklessness of one man. It might in- 
 deed suspend the very existence of the Kepubhc upon 
 the discretion of a single individual. Hence all these 
 powers of war, etc., are in the people of " the several 
 States " through their representatives in Congress. 
 
 12. To raise and support Armies, but no Ap- 
 propriation of ^ Money to that Uf^e shall be for a 
 longer Term than two^Years. 
 
 NOTE. 
 
 As only Congress can declare war, it alone has the 
 power to raise armies, or to order the raising of arm- 
 ies, and to appropriate money for their support. 
 And, lest even this power might be recklessly or vi- 
 ciously used to the detriment of the States, or of the 
 general welfare. Congress is forbidden to appropriate 
 money for the maintenance of an army for a longer 
 period than two years at a time.' So that every two 
 
so NOTES ON 
 
 ■years, at furthest, the question of continuing an army 
 in existence comes regularly before the representatives 
 of the people in Congress. If no appropriation were 
 made the army would be necessarily disbanded. 
 During the progress of the Mexican war the opposi- 
 tion to the Democratic party in Congress made a 
 strenuous effort to defeat an appropriation for the 
 support of the army then in Mexico ; which, had they 
 succeeded, would have disbanded our army in the midst 
 of a hostile country, in mid winter, leaving our sol- 
 diers without food, and without even the means of 
 defending themselves, or of getting home again. Mr. 
 Lincoln, then in Congress, was one of the leaders of 
 this barbarous scheme, to cut off the supplies of an 
 army while it was in an enemy's country two thou- 
 sand miles from home ; and which, if successful, must 
 have resulted in the massacre, or death, from priva- 
 tion, of nearly all our soldiers. 
 
 13. To provide and maintain a Navy ; 
 
 14. To make Kules for the Government and 
 Kegulation of the land and naval Forces ; 
 
 15. To provide for calling forth the Militia to 
 execute the Laws of the Union, suppress Insur- 
 rections and repel Invasions. 
 
 NOTE. 
 
 The militia can be lawfully called into the service 
 of the United States for but three purposes : 1st, To 
 execute the laws of the Union. 2d, To suppress in- 
 
THE CONSTITUTION. 31 
 
 surrections. 3d, To repel invasions. It will, we 
 think, be difficult to find in this clause of the Consti- 
 tution any warrant for the President to call upon the 
 State militia, to aid in the prosecution of the war he 
 is now waging upon the Southern States, for the fol- 
 lowing reasons : 
 
 1. The object of the war is not ^^ to execute the 
 laivs of the Union." It is to abolish slavery, to con- 
 quer, subjugate and destroy States, and to obtain pos- 
 session of the property of the Southern people. The 
 laws of the Union are the Constitution, and laws en- 
 acted in pursuance thereof. As those who are con- 
 ducting the war teU us that the Union as it was, and 
 the Constitution as it is, shall not, and ought not to 
 be preserved, i. e. the laws of the Union are not to be 
 respected, it is certain that there is no authority for 
 calling on the militia to assist in the war. Any Gov- 
 ernor who permits the mihtia of his State to be used 
 by the United States for any other purpose than the 
 enforcement of the laivs of the Union disregards his 
 oath of office, and may be dealt with accordingly by 
 the legislature of his State. 
 
 2. It is also confessed that the war is not prose- 
 cuted to suppress insurrections. To suppress an in- 
 surrection would be to enfore the laws of the Union 
 or of the States — in a word, to faithfully follow and 
 enforce the Constitution. The use of the militia for 
 any other purpose, is itself equal in crime to an insur- 
 rection. It should be considered that States as 
 States cannot commit the act of insurrection ; because 
 they are not subjects. They are sovereign bodies. 
 All the powers of the Federal Government are only 
 such as the "several" sovereign States delegated to 
 
32 NOTES ON 
 
 it. The Federal (jrovernment is not even a party to 
 the compact. The States are the parties, and the 
 only parties to the compact, and the Federal Govern- 
 ment is the recipient of certain defined powers result- 
 ing from that compact. To this Federal Government 
 or General Agent, the States never delegated the 
 right to make war upon them for any purpose what- 
 ever, "not even," in the language of Mr, Madison, 
 "for unconstitutional acts. Secession, whatever it 
 may be, is not an insurrection within the meaning of 
 the Constitution. Individuals, not States, may com- 
 mit the act of insu7'recfion. In every Northern State 
 there have been repeated insurrections against the 
 provisions of the Constitution and the acts of Con- 
 gress, in relation to the rendition of fugitive slaves. 
 Nearly every Northern State passed laws to resist this 
 fugitive slave clause of the Constitution and the acts 
 of Congress made in pursuance thereof ; but it was 
 not held that the States so nulifying the Constitution 
 and the laws of Congress, were in iiisurrection. The 
 action of these Northern States was JVidi/ication ; but 
 neither Nulification nor Secession is an insurrection 
 within the meaning of the Constitution." 
 
 3. It is not contended that the object of this war is 
 to repel invasion. In, his comments on this clause of 
 the Constitution, Judge Story, says — " It is made an 
 imperative duty of the general Government, on the 
 application of the Legislature or executive of a State, 
 to aid in the suppression of such domestic insurrec- 
 tions ; as weU as to protect the State from foreign in- 
 vasions." It is not the duty or the right of the 
 President to send a military force into a State either 
 to queU an insurrection, or to resist an invasion, until 
 
THE CONSTITUTION. 33 
 
 called upon by the Executive or Legislature of the 
 Stgite for such assistance. The clause is not to be con- 
 strued to mean so much the ricjld as the duty of the 
 Federal Government to aid the State. The object of 
 the provision is the benefit, peace and inviolate sov- 
 ereignty of the States, and not the aggrandizement 
 and power of the Federal Government. It is bound 
 to go, when asked, and only when asked, to the as- 
 sistance of the State. Chief Justice Story, further 
 says, — in answering the objection that there be dan- 
 ger that the Federal Government might be tempted, 
 while its miHtary force is in a State, to attempt al- 
 terations in the State Governments without the con- 
 currence of the States themselves — '' It may be an- 
 swered, that if the General Government should 
 interpose, by virtue of this Constitutional authority, 
 it will, of course, be bound to pursue the authority. 
 But the authority extends no further than to a guar- 
 antee of a republican form of Government, which sup- 
 poses a pre-existing Government of the form, which 
 is to be guarantied. As long, therefore, as the 
 existing republican forms are continued by the States, 
 they are guarantied by the Federal Constitution. 
 Whenever the States may choose to substitute other 
 republican forms, they have a right to do so, and to 
 claim the federal guarantee for the latter. The only 
 restriction imposed upon them is, that they shall not 
 exchange rej)ublican for anti-republican Constitu- 
 tions. 
 
 16. To provide for organizing, arming, and 
 disciplining, the Militia, and for governing such 
 
34 NOTE,S ON 
 
 Part of tliem as may he employed in the Service 
 of the United States, reserving to tlie States re- 
 spectively, tlie Appointment of tlie Officers, and 
 the Authority of training the Militia according 
 to the Discipline prescribed by Congress. 
 
 NOTE. 
 
 The militia is strictly a State institution. It is the 
 highest possible expression of State sovereignty. 
 When called out by the Federal Government for cer- 
 tain purposes definitely limited, it stiU retains all its 
 characteristics of a State institution. The States 
 have reserved to themselves the appointment of the 
 officers and the training of the militia. The object of 
 this provision is to preserve the State character of 
 the militia — to keep it as representative of State sov- 
 ereignty, even while it is but for a specified service 
 Tinder the direction of the United States. 
 
 17. To exercise exclusive Legislation in all 
 Cases whatsoever, over such District (not ex- 
 ceeding ten Miles square) as may, by Cession of 
 particular States, and the Acceptance of Con- 
 gress, become the Seat of Government of the 
 United States, and to exercise like Authority 
 over all Places purchased by the Consent of the 
 Legislature of the State in which the Same shall 
 be, for the Erection of Forts, Magazines, Arsenals, 
 Dock- Yards, and other needful Buildings : — 
 And 
 
THE CONSTITUTION. 35 
 
 18. To make all Laws wliicli shall be neces- 
 sary and proper for carrying into Execution tlie 
 foreoroino: Powers, and all other Powera vestea 
 by this Constitution in the Governuicnt of the 
 United States, or in any Department or Officer 
 thereof. 
 
 NOTE. 
 
 In this clause the right of exclusive legislation over 
 the District of Columbia is given to Congress. By 
 which, however, Congress does not receive power to 
 pass laws for the destruction of vested rights, or the 
 seizing of the property of private individuals in said 
 territory. No such powers belong to legislation. 
 The clause sets forth that Congress derives its powers 
 in such cases through purchase made " by the consent 
 of the legislature of the State in which the same shall 
 be," &c. Of course it was no part of the bargain that 
 Congress should have power to destroy, or in any 
 way molest the vested rights, or the property institu- 
 tions of the citizens of the States residing upon terri- 
 tory so purchased. No man is mad enough to 
 seriously assert such an absurdity. Thus it has. 
 always been held, not only by the Supreme Court, 
 but by Congress and by the Executive, that it was 
 not in the right of Congress to abolish slavery in the 
 District of Columbia. The right of exclusive legislation 
 was not supposed to imply the right to disturb the 
 social and property foundations of the community 
 which existed at the time of the purchase. Although 
 
36 NOTES ON 
 
 the last Congress did all tHs by an act abolishing 
 slavery in the District of Columbia, we are not to 
 suppose that they imagined they had really any right 
 to pass such an act. They violated the Constitution 
 and transcended their powers in many instances be- 
 sides this one. Almost all the acts of Congress for : 
 the last three years have been unconstitutional and 
 revolutionary in their character. If the Union is ever 
 restored all these acts will have t(5 be repealed be- 
 cause they are unconstitutional. 
 
 Section 9, 
 
 1, The Migration or Importation of such Per- 
 sons as any of the States now existing shall think 
 propel' to admit, shall not be prohibited by the 
 Congress prior to the Year one thousand eight 
 hundred and eight, but a Tax or Duty may be 
 imposed on such Importation, not exceeding ten 
 dollars for eacli Person. 
 
 NOTE. 
 
 'By the "importation ot such persons/^ &c., is meant 
 slaves. By this clause of the Constitution the Fede- 
 ral Government was prohibited from interfering with 
 the foreign slave trade before the year 1808. But it 
 will be noticed that the clause does not say that the 
 slave trade should cease at that time. It provides 
 that it shall not cease before 1808, and leaves it an 
 
THE CONSTITUTION. 37 
 
 open question whetlier it shall continue after that 
 time or not. There is nothing in the Constitution 
 that would not allow it to continue for all time. 
 
 This clause allowed Congress to raise a revenue 
 from the slave trade, by imposing a duty of ten dol- 
 lars on every slave imported. 
 
 2. The Privilege of the Writ of Habeas Cor- 
 pus sliall not be susj^ended, unless wben in Cases 
 of Rebellion or Invasion the public Safety may 
 require it. 
 
 NOTE. 
 
 The meaning of habeas corpus is to have or to hold 
 the body, UteraUy, have you the body. It is called the 
 "Writ of Liberty," because its action is to hold the 
 body of a party seized until a proper Court shall de- 
 cide whether he is legally seized or not. The effect 
 of the writ is not to pronounce upon the guilt or in- 
 nocence of the party — is not to shield him from a full 
 and fair trial — but is simply to determine whether 
 his arrest is made according to law. It commands 
 the officer holding the person of another to bring his 
 body into Court that it may be seen whether he is 
 legally held. It is weU called the great bulwark of 
 personal liberty, since without it every individual 
 may be liable to be kidnapped and dragged to prison 
 in violation of law and right. 
 
 It will be noticed that the language of this clause 
 is a restriction and not a grant of power — the writ of 
 habeas corpus ^^ shall not be siispended^^ except in cer- 
 
38 NOTES ON 
 
 tain cases named. But Mr. Lincoln, with a luminous 
 exhibition of sagacity, contends that this negative re- 
 striction upon Congress is a positive grant of power 
 to the President. He had hardly entered upon his 
 duties when he ordered the suspension of the habeas 
 corpus in violation of the order of the Supreme Court 
 of the United States. Even his own Congress (we 
 say Ms because it has proved itself to be in a conspi- 
 racy with him to subvert the Government of the 
 United States,) admitted this act to be a violation of 
 the Constitution, by passing a law designed to shield 
 him from arrest and punishment. They passed a 
 special act to give the President the power of suspend- 
 ing the writ, which is an acknowledgement that he 
 has it not under the Constitution. But if he has it 
 not under the Constitution, Congress cannot give it 
 to him. Congress can give the President no new 
 powers. Its own powers are only delegated. A dele- 
 gated power is not transferable. Congress can no 
 more delegate its powers to the President than the 
 President can delegate his powers to Congress. 
 Therefore the Congressional act to give Mr. Lincoln 
 the right to suspend the habeas corpus is null and 
 Void. 
 
 3. No Bill of Attainder or ex post facto Law 
 shall Ibe passed. 
 
 NOTE. 
 
 A bill of attainder means a legislative act to convict 
 a person of some capital crime. Ex post facto means 
 
THE CONSTITUTION. 39 
 
 literally, after the act is done. An ex post facto law is 
 an act to affect deeds that were done before the law 
 was passed. Congress has no power to do either. 
 It can neither convict a person of any crime, nor can 
 it pass a law either io punish or to exculpate deeds 
 that were done before the passage of said act. 
 Therefore, the late acts of Congress designed to pro- 
 tect the President from arrest and punishment, for 
 deeds done in violation of the laws of the land, are 
 null and void. They are not only ex post facto in their 
 character, but they are also, as we shall show in an- 
 other place, violations of other portions of the organic 
 law of the United States. 
 
 4. No Capitation, or other direct Tax shall 
 be laid, unless in Proportion to the Census or 
 Enumeration herein before directed to be taken. 
 
 5. No Tax or Duty shall be laid on Articles 
 exported from any State. 
 
 6. No Preference shall be given by any Regu- 
 lation of Commerce or Revenue to the Ports of 
 one State over those of another : nor shall Ves- 
 sels bound to, or from, one State, be obliged to 
 enter, clear, or pay Duties in another. 
 
 Y. No Money shall be drawn from the Treas^ 
 ury, 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. 
 
40 NOTES ON 
 
 NOTE. 
 
 All appropriations of the public money must be 
 made hy law, that is, according to the Constitution, or 
 according to laws constitutionally enacted. In its 
 appropriations of money. Congress is limited. It 
 cannot lawfully spend money for purposes not pro- 
 vided for in the Constitution. For instance, it cannot 
 appropriate money to build school-houses, meeting- 
 houses, nor to pay the salaries of school-teachers and 
 preachers. Nor can it appropriate money to pur- 
 chase negroes, to build houses for negroes, or to teach 
 negroes. If appropriations were made for such pur- 
 poses, the people would be under no obligations to 
 pay the taxes laid in consequence of such appropria- 
 tions, because the States never delegated to Congress 
 the right tc tax the people for such things ; and no 
 money can be drawn from the treasury of the United 
 States, but in consequence of appropriations made by 
 Congress. Not even the soldiers of the United States 
 army can be paid, unless Congress passes an act ap- 
 propriating money for the purpose. The President 
 cannot authorize the payment of a dollar out of the 
 treasury for any purpose for which appropriation has 
 not been made by Congress. Mr. Lincoln has some- 
 where, and somehow, spent during the last year, 
 ninety -eight millions of dollars not appropriated by 
 , Congress. He now comes back and asks CongTess 
 to pass an act appropriating $98,000,000 to meet the 
 deficiency. What all this money has gone for, 
 nobody knows, except those who have unlawfully 
 spent it. Large sums we know must have been ex- 
 l^ended in providing for, and educating negroes, and 
 
THE CONSTITUTION. 41 
 
 transporting soldiers home to vote ; all of which is an 
 unlawful spending of the people's money. Congress 
 has no power to appropriate money for such pur- 
 poses, and the President has no right to draw money 
 from the treasury not appropriated by Congress, 
 All these things are, of course, an illegal spending of 
 the people's money, and will, without doubt, some 
 day be made an excuse for sweeping the whole away 
 by a repudiation. 
 
 8. No Title of Nobility shall be granted by 
 the United States : And no Person holding any 
 Office of Profit or Trust under them, shall, with- 
 out the Consent of the Congress, accept of any 
 Present, Emolument, Office, or Title, of any kind 
 whatever, from any King, Prince, or foreign 
 State. 
 
 Section 10. 
 
 1, No State shall enter into any Treaty, Alli- 
 ance, 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. 
 
 2. No State shall, without the consent of the 
 
42 NOTES ON 
 
 Congress, lay any Impost or Duties on Imports 
 or Exports, except what may be absolutely ne- 
 cessary for executing its inspection Laws ; and 
 tlie 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 ; 
 and all such Laws shall be subject to the E,e vi- 
 sion and Control of the Congress. 
 
 3. No State shall, without the Consent of 
 Congress, lay any Duty of Tonnage, keep Troops, 
 or Ships of War in time of Peace, enter into any 
 Agreement or Compact with another State, or 
 with a foreign Power, or engage in War, unless 
 actually invaded, or in such imminent Danger as 
 will not admit of Delay. 
 
 NOTE. 
 
 The powers which the States promise not to exercise 
 in this tenth section it will be seen are such as could 
 not be retained by them without e^'ident detriment 
 to the " general welfare." The theory was to make 
 the Federal Government the general agent of joint 
 interests of the " several states." If any State might 
 of its own motion make treaties, form alliances, lay 
 duties on imports, &c., a condition of confusion and 
 anarchy might soon follow ! For the " general wel- 
 fare " all this business was confided to the general 
 government, as the agent for the whole. It is the 
 nature of an agreement between the States, that they 
 
THE CNNSTITUTION. 4:3 
 
 should permit the general government to exercise, in 
 ceitain specified matters, their independent sovereign 
 powers. The States gave up, surrendered no powers, 
 but delegated the exercise of these powers to the 
 Federal Government, which received them, to be ex- 
 ercised only for the " General welfare." 
 
 POWERS OF THE PRESIDENT. 
 
 AETICLE n. 
 
 Section 1. 
 
 1. TI e executive Power shall be vested in a 
 President of the United States of America. He 
 shall hold his Office during the Term of four 
 Years, and, together with the Vice President, 
 chosen for the same Term,, be elected, as fol- 
 lows : 
 
 2. Each State shall appoint, in such Manner 
 as the Legislature thereof may direct, a Number 
 of Electors, equal to the whole Number of Sena- 
 tors and Kepresentatives to which the State 
 may be entitled in the Congress : but no Senator 
 or Representative, or Person holding an Office 
 
4:4 NOTES ON 
 
 of Trust or Profit under the JJ)iited_States, shall 
 be appointed an Elector? 
 
 NOTE. 
 
 By this last clause it is seen that the office of 
 President represents the sovereignty of the States. 
 The President is not elected by the people at large — 
 nor is he the President of the people at large, as 
 one consolidated body, or nation — there is no such 
 body politic known to the Constitution — but he is 
 the President of States — sovereign, United States. 
 States, not the people at large, elect him. If the peo- 
 ple at large elected, Mr. Lincoln would not be Presi- 
 dent, for there was a majority of the whole people, of 
 a mUiion of votes against ; but a majority of 
 States was for him. So completely does the Federal 
 Executive represent the sovereignty of States, that if 
 a majority of the States should refuse to choose 
 Presidential electors, not only would there be no 
 President, but the Federal Government itself would 
 be at an end. There is no power to compel the States 
 to choose electors. Thus, if a majority of States so 
 please, they can bring the Federal Government to a 
 termination by this simple means. This may seem 
 strange ; but it is a necessary condition of our sys- 
 tem, which is a voluntary union of sovereign States. 
 It is a condition of sovereign bodies that they cannot 
 be coerced. The States, never delegated to the Fede- 
 ral Government the right to coerce them. So far 
 from that, they reserved to themselves powers that, if 
 they choose to exercise them, would, at the expira- 
 
THE CONSTITUTION. 45 
 
 tlon of every four jeiivA, icavo llio Fedoral Goveru- 
 ment to perish for the want of an executive head. 
 
 [*Tlie electors shall meet in tlieir rcnpccllve states, and vote hy 
 ballot for two persons, of wLcni one rt leapt i;hall not be an inliali' 
 tant of the same state with themsclve? . And th< y shall uoal-.e a li.^t 
 of all the persons voted for, t^nd of tuo iinmber of votes fo^- each ; 
 which list they shall sign and cortjiy, and transmit sealed to tho 
 seat of the government of the United States, directed to tho Presi- 
 dent of the Senate. The President of the Renato shall, in the 
 presence of the Senate and House of Fiepre-sentaave?, open all tho 
 certificates, and the votes shall then be counted. The person hav- 
 ing the greatest number of votes shall be the President, if such num- 
 ber be the majority of the whole number of electors appointed ; and il 
 there be more than one who have such majority and have an equal 
 number of votes, then the House of Representatives shall immedi- 
 ately choose by ballot one of them for President ; and if no person 
 have a majority, then from the five highest on the list, the said 
 house shall in like manner choose the President. But in choosing 
 the President, the votes shall be taken by states, the reiDresentation 
 from each State having one vote ; a quorum for this purpose shall 
 consist of a member or members from two- thirds of the States, and 
 a majority of all the states shall be necessary to a choice. In every 
 case, after the choice of the President, the person having the 
 greatest number of votes of tho electors shall be the vice-President. 
 But if there should remain two or more who have equal votes, the 
 Senate shall choose froni them by ballot the vice-President. ] 
 
 3. The Congress may determine the Time of 
 choosing the Electors, and the Day on which 
 they shall give their Votes ; which Day shall he 
 the same throughout the United States. 
 
 4. No Person except a natural born Citizen, 
 or a Citizen of the United States, at the time of 
 the Adoption of this Constitution, shall be eligi- 
 
 *This clause within brackets has been supercodod and annulled by the 12th 
 omendmontj on p^e 462. 
 
46 NOTES ON 
 
 ble to the Office of President ; neither shall any 
 Person be eligible to that Office who shall not 
 have attained to the Age of thirty five Years, 
 and been fourteen Years Resident within the 
 United States. 
 
 5. In Case of the Removal of the President 
 from Office, or of his Death, Resignation, or Ina- 
 bility to discharge the Powers and Duties of the 
 said Office, the same shall devolve on the Vice 
 President, and the Congress may by Law pro- 
 vide for the Case of Removal, Death, Resigna- 
 tion, or Inability, both of the President and Vice 
 President, declaring what Officer shall then act 
 as President, and such Officer shall act accord- 
 ingly^ -antil the Disability be removed, or a 
 President shall be elected/ 
 
 6. The President shall, at stated Times, receive 
 for his Sfirvices, a Compensation, which shall 
 neither be increased nor diminished during the 
 Period for which he shall have been elected, 
 and he shall not receive within that Period any 
 other Emolument from the United States, or 
 any of them^ 
 
 7. Before he enter on the Execution of his 
 Office, he- shall take the following Oath or Af- 
 firmation: — » 
 
THE CONSTITUTION. 47 
 
 " I do solemnly swear (or affirm) that I will 
 " faitlifully execute the Office of President of the 
 " United States, and will to the best of my 
 " Ability, preserve, protect and defend the Con- 
 " stitution of the United States." 
 
 NOTE. 
 
 The whole of this second article of the Constitu- 
 tion is devoted to the powers and duties of the Presi- 
 dent. This first duty is to take a solemn oath to "pre- 
 serve, protect, and defend the Constitution of the 
 United States. The Constitution is to be liis guide 
 in every act. It is his duty to see that the laws are 
 faithfully executed. It is the business of Congress to 
 make the laws, and of the President to execute every 
 law Congress has under tlie Constitution the right to 
 enact. But, if the President should mistake the 
 construction of an act of Congress, and should give 
 orders not warranted by the law, any aggrieved party 
 might recover damages against the officer acting un- 
 der those instructions. [See 2d Cranch's Pveports 
 5G3.] There are three ways in which a President 
 might violate his oath of office : 1. By refusing to 
 execute the laws and treaties of the United States ; 
 2. By usurping a power not confided to him in the 
 Constitution : 3. By an arbitrary and corrupt use of 
 authority, lawful in itself, but employed by him for 
 selfish purposes and illegal aims. In other places 
 we shall show that President Lincoln has repeatedly 
 broken his oath of office in all these particulars. 
 
48 NOTES ON 
 
 Section 2." 
 
 . 1. The President sliall be Oommancler in Chief 
 of the Army and Navy of the United States, 
 ^nd of the Militia of the several States, when 
 called into the actual Service of the United 
 States ; he may require the Opinion, in writing, 
 of the principal Officer in each of the executive 
 Departments, upon any Subject relating to the 
 Duties of their resj)ective Offices, and he shall 
 have Power to grant Reprieves and Pardons for 
 Offences against the United States, except in 
 Cases of Impeachment/ 
 
 NOTE. 
 
 Let it be noticed that the President is Commander- 
 in-Chief only of those who are in the army and navy, 
 or in the militia when in actual service. He is not the 
 Commander-in-Chief of any civilian. This Constitu- 
 tion gives him no power over a citizen civilian in time 
 of war that he has not in time of peace. In this 
 country the military power is always, at all times, in 
 all places, subordinate to the civil authority. The 
 Constitution of New York declares that " No authori- 
 ty shall, on any j^retence ivhatever, be exercised over 
 the people of this State, but such as shall be derived 
 from and granted by them." 
 
 The Constitution of New Jersey says :— " The mili- 
 tary shall be in strict subordination to the civil 
 power." 
 
THE CONSTITUTION. 49 
 
 The Constitution of Pennsylvania says : " The mili- 
 tary shall, in (ill cases and at all times, be in strict 
 subordination to the civil power." The Constitution 
 of every State in the Union is similar. The idea of 
 a war ijotoer that is above the powers of ordinary leg- 
 islation — that is able to revoke or suspend existing 
 constitutional law — is not only foreign to the genius of 
 our government, but is positively denied by express 
 constitutional enactment. 
 
 The Constitution gives the President no right to 
 suspend the Constitution and laws of the States under 
 the plea of a " "War Power." No such power is im- 
 parted to the President in the Constitution. It is 
 the duty of the Executive of every State to protect 
 the Constitution and laws of his State from the law- 
 less deeds of a President who attempts to make the 
 civil authority subordinate to the mihtary power. If 
 such a President could be caught within the jurisdic- 
 tion of a State so outraged, it would be within the 
 lawful powers of the State to arrest and try him for his 
 life. 
 
 In 1833, while discussing the proposition to march 
 a mihtary force against the State of South Carolina, 
 Daniel Webster said : 
 
 " ?ir, for one I protest iu advance against sncli remedies as I have 
 heard hinted. The administration itself keeps a profound silence, 
 but its friends have spoken for it. We are told, sir, that the Presi- 
 dent will immediatelj'' employ the military force, and at once block- 
 ade Charleston ! A military remedy— a remedy by direct military 
 operation, has thus been suggested, and nothing else has been sug- 
 gested, as the intended means of preserving the Union. Sii", there 
 IS no little reason to think that this suggestion is true. We cannot 
 be altogether unmindful of the past, and therefore we cannot be 
 altogether unapprehensive for the future. For one, I raise my voice 
 beforehand against the unauthorized employment of military po-w- 
 
50 NOTES ON 
 
 er — against superseding the antlioritj' of tlie laws by an armed 
 force, under pretence of putting down nullification. The President 
 has no authority to blockade Charleston. The President has no 
 authority to employ military force, till he shall be duly required so 
 to do by law, and by the civil authorities. His duty is to cause the 
 laws to be executed. His duty is to support the civil authority. 
 His duty is, if the laws be resisted, to employ the military force of 
 the country, if necessary, for their support and execution ; but to 
 do this or,ly in compliance with law, and with decisions of the tri- 
 bunals. With a constitutional and efficient head of the Govern- 
 ment — with an administration really and truly in favor of the Con- 
 stitution, the country can grapple with nullification. By the force 
 of reason ; by the progress of enlightened opinion ; by the natural, 
 genuine patriotism of the country, and by the steady and well sus- 
 tained operations of law, the progress of disorganization may be 
 successfully checked, and the Union maintained. " 
 
 Mr. Seward, in his letter of instructions to Mr. 
 Adams, at the Court of St. James, dated Washington, 
 April 10th, 1861, has put this main point in language, 
 even stronger than the above from Daniel Webster : 
 
 ' ' He (the President) believes, nevertheless, that the citizens of 
 those States, as well as the citizens of the other States, are too in- 
 telligent, considerate and wise to fbllow the leaders to that disas- 
 trous end (secession). For these reasons, he would not be disposed 
 to reject a cardinal dogma of theirs, namely, that the Federal Gov- 
 ernment could not reduce the seceding States to obedience by con- 
 quest, even though he were disposed to question that proposition. 
 But, in fact, the President Mdllingly accepts it as true. Only an 
 imperial or despotic Government could subjugate thoroughly disaf- 
 fected and insurrectionary members of the State. This Federal 
 Eepublic system of ours is, of all forms of Government, the very 
 one which is most unfitted for such a labor. Happily, however, 
 this is only an imaginary defect. The system has within itself 
 adequate, peaceful, conservative and recuperative forces. Firmness 
 on the part of the Government in maintaining and preserving the 
 public institutions and property, and in executing the laws, where 
 authority can be exercised without waging war, combined with such 
 measures of justice, moderation and forbearance as wll disarm 
 reasoning opposition, wiU be sufficient to secure the public safety, 
 
THE CONSTITUTION. 51 
 
 until returning reflection, concurring with the fearful experience of 
 social evils, the inevitable fruits of faction, shall bring the recusant 
 members cheerfully back into the family which, after all, must 
 prove their best and happiest, as it undeniably is their most natural 
 home. The Constitution of the United States provides for that re- 
 turn by authorizing Congress, on application to be made by a cer- 
 tain majority of the States, to assemble a national convention, iu 
 which the organic law can, if it be needful, be revised, so as to re- 
 move all real obstacles to a reunion, so suitable to the habits of the 
 people, and so eminently conducive to the common safety and wel- 
 fare. 
 
 Keeping that remedy steadily in view, the President, on the one 
 hand, will not suffer the Federal authority to fall into abeyance, 
 nor will he, on the other, aggravate existing evils by attempts at 
 coercion, which must assume the form of direct war against any of 
 the revolutionary States." 
 
 Mr. Seward's instructions to Mr. Judd, Minister io 
 
 Prussia, Dated Washington, March 22d, 1861, are if 
 
 possible still clearer and more emphatic on this 
 
 point. 
 
 " You are well aware of what you will find Europeans unable to 
 Understand, namely : that owing to the very peculiar structure of 
 our Government, and the equally singular character and habits of 
 the American people, this Government not only wisely but necessa- 
 rily hesitates to resort to coercion and compulsion to secure a re- 
 turn of the disaffected portion of the people to their customary 
 allegiance. The Union loas formed upon popular consent, and must 
 always practically staiul on the same basis." 
 
 2. He shall have Power by and with the 
 Advice' and Consent of the Senate, to make 
 Treaties,"" provided two thirds of the Senators 
 present concur ; and he shall nominate, and by 
 and with the Advice and Consent of the Senate, 
 shalljappoint Ambassadors, other public Minis- 
 ters and Consuls, Judges of the supreme Court, 
 
52 NOTES ON 
 
 and all otlier Officers of the United States, 
 whose A-ppointments are not herein otherwise 
 provided for, and which shall be established by 
 Law : but the Congress may by Law vest the 
 Appointment of such inferior Officers, as they 
 think proper, in the President alone, in the 
 Courts of Law, or in the Heads of Departinenta- 
 
 NOTE. 
 
 Thus does the Constitution prudently fence the 
 Executive round with the ever jealous sovereignty of 
 the States. The Senate, which is the immediate 
 representative of State sovereignty, has an effectual 
 check upon all the appointments of the President, 
 S^hether civU or military. In fact, he can do nothing 
 except " by and with the advice and consent of the 
 Senate." Only by recreancy of the Senate to the 
 States whose servants they are, can the President 
 take the first step of usurpation. At the present 
 time the Senate and the President, together with a 
 majority of the lower House of Congress, are in a 
 conspiracy against their sovereign masters the States. 
 They have assumed or usurped powers which are, 
 not only iucompatible with a republican form of 
 government, but absolutely destructive of it. 
 
 . 3. The President shall have Power to fill up 
 all Vacancies that may happen during the Ke- 
 cess of the Senate, by granting Commissions 
 which shall expire at the End of their next Ses- 
 sion. 
 
the constitution. 53 
 
 Section 3. 
 
 He shall from time to time give to the Con 
 gress Information of . the .State of the Union, 
 and recommend to their Consideration such 
 Measures as he shall judge necessary and expe- 
 dient ; he may, on extraordinary Occasions, 
 convene both Houses, or either of them, and in 
 Case of Disagreement between them, with Re- 
 spect to the Time of Adjournment, he may ad- 
 journ them to such Time as he shall think 
 proper ; he shall receive Ambassadors and other 
 public Ministers ; he shall take Care that the 
 Laws be faithfully executed, and shall Commis- 
 sion all the officers of the United States. 
 
 Section 4. 
 
 The President, vice-president and all civil of- 
 ficers of the United States, shall be removed 
 from office on impeachment for, and conviction 
 of treason, bribery, or other high crimes and 
 misdemeanors. 
 
 NOTE. 
 
 It is the President's duty to 'Hake care that the laws 
 
54: NOTES ON 
 
 ure faitlifuUy executed. Chief Justice Story in his 
 Commentary on the Constitution says of this clause : 
 
 "But we are not to understand, that this clause confers on the 
 I'resident a new and substantial power to cause the laws to be 
 faithfully executed, by any means, which he shall see fit to adopt, 
 although not prescribed by the Constitution, or by the acts of Con- 
 gress. That would be to clothe him with an absolute despotic 
 power over the lives, the property, and the rights of the whole 
 people. A tjrranical President might under a pretence of this sort, 
 punish for a crime, without any trial by jury, or usurp the func- 
 tions of other departments of the Government. The true interpre- 
 tation of the clause is that, the President is to use all such means 
 0S the Constitution and laws have placed at his disposal, to enforce 
 the due execution of the laws. As for example, if crimes are com- 
 mitted, he is to direct a prosecution by the power of the public of- 
 ficers, and see that the offenders are brought to justice. But he 
 eannot employ the public force or make war to accomplish the 
 purpose." 
 
 This language of Judge Story, himself a federalist, 
 and one of the most eminent Jurists of the United 
 States, admits of no double construction. It is the 
 President's duty to execute the laws, but he must not 
 employ unconstitutional or illegal means to do it. 
 He should exhaust all the powers given him in the 
 Constitution, and there his duty ends. If he goes 
 beyond he is himself a transgressor, and may, and 
 ought to be punished. Mr. Lincoln takes the ground 
 that he found the Constitution unequal to the " ex- 
 igencies of the hour." Even if that were so, it is not 
 his business to usurp powers not given by the organic 
 law of the land. He is to administer the laivs. It is 
 very true that he j&nds in- the Constitution no means 
 for coercing the States of this Union by the military 
 arm. The reason is, not that the framers of that in- 
 strument . made a mistake, but that the power of 
 
THE CONSTITUTION. 55 
 
 wiilitary coercion against States was purposely ■with- 
 held from the Federal Government. The matter was 
 fully discussed in Convention and it was unanimous- 
 ly determined that the Federal Government should 
 not be entrusted with the power of State coercion. 
 Had such a power been given not a single State 
 would ever have ratified the Constitution. Even Al- 
 exander Hamilton, in the Constitutional convention 
 said : 
 
 "But how can this force be exerted on the States collectively 
 against State authority ? It is impossible. It amounts to a war be- 
 tween the parties. Foreign powers, also, vnll not be idle specta- 
 tors. They will interpose, the confusion will increase, and a dis- 
 solution of the Union will ensue." 
 
 THE JUDICIARY. 
 
 J ^ AETICLE III. 
 
 Section 1. 
 
 The judicial Power of the United States, shall 
 be vested in one supreme Court, and in such in- 
 ferior Courts as tlie Congress may from time to 
 time ordain and establish. The Judges, both of 
 the supreme and inferior Courts, shall hold 
 their Offices during good Behaviour, and shall, 
 
66 NOTES OM 
 
 at stated times, receive for their Services, a 
 Compensation, which shall not be diminished 
 during their continuance in office. 
 
 Section 2. 
 
 1. The judicial Power shall extend to all 
 Cases, in Law and Equity, arising under this 
 Constitution, the Laws of the United States, 
 and Treaties made, or which shall be made, 
 under their authority ; — to all Cases affecting 
 Ambassadors, other public Ministers, and Con- 
 suls ; — to all Cases of admiralty and maritime 
 Jurisdiction ; — to Controversies to which the 
 United States shall be a Party ; — to Controver- 
 sies between two or more States ; — between a 
 State and Citizens of another State j — between 
 Citizens of different States ; — between Citizens 
 of the same State claiming Lands under Grants 
 of different States, and between a State, or 
 the Citizens thereof, and foreign States, Citizens 
 or Subjects. 
 
 2. In all Cases affecting Ambassadors, other 
 public Ministers and Consuls, and those in which 
 a State shall be a Party, the supreme Court 
 shall have original Jurisdiction. In all the other 
 Cases before mentioned, the supreme Court 
 
THE CONSTITUTION. 57 
 
 shall have appellate Jurisdiction, both as to Law 
 and Fact, with such Exceptions, and under sitch 
 Regulations as the Congress shall make. 
 
 3. The Trial of all Crimes, except in Cases of 
 Impeachment, shall be by Jury ; and such Trial 
 shall be held in the State where the said Crimes 
 shall have been committed ; but when not com- 
 mitted within any State, the Trial shall be at 
 such Place or Places as the Congress may by 
 Law have directed. 
 
 NOTE. 
 
 By a reference to Article 11 section 2d, it will fee 
 seen that the Judges of the Supreme Court are ap- 
 pointed by the President, " hy the advice and ivith the 
 consent of the Seiiate." So the Supreme Court 
 represents the sovereign States through their agents 
 of the Senate. All the three co-ordinate branches of 
 the Federal Government, viz the Executive, the Leg- 
 islative, and the Judicial, are thus the immediate 
 representatives of the Sovereignty of the "several 
 States." 
 
 The trial of all crimes it is said in this Article shall 
 he hy Jury, In his Commentary on this clause, Judge 
 Story says : — 
 
 «* It is observable, that the trial of all crimes is not only to be by 
 jury, but to be held ia a State, where they are committed. The 
 object of this clause is, to secure the party accused from being 
 dragged to a trial ia some distant State, far away from his friends, 
 and witnesses, and neighborhood ; and thus submited to a verdict 
 
58 NOTES ON 
 
 of mere strangers, who may feel no common sympathy, or who may 
 even cherish animosities, or prejudices, against him. * * By the 
 common law, the trial of all crimes is required to be in the County 
 where they are committed." 
 
 The administration has repeatedly violated this 
 clause of the Constitution in several particulars. It 
 has seized citizens contrary to law, and sent them out 
 of their States and district, and there tried them, not 
 lof^ries but by commissions of its own creation. Ad- 
 ibdnistrationists have pleaded necessity for these 
 dj^dg,^.^ But the Constitution allows no necessity 
 above its own laws. It is the supreme latv. It declares 
 that, '• the trial of all crimes shall he hy jury." There 
 is no exception. This rule in England is as old as 
 Magna Charta, which declares that "no man shall 
 be arrested, nor imprisoned, nor banished, &c., but 
 fej^ fEw p^gSiQitthof his peers, or by the law of the 
 lafd.oiiiB^iffc^t^iSpUng to violate this great palladium 
 Qfviite]jt}^Mn^^^v§i^Ost their heads, and justly. No 
 decsHjpanfeieli^l^ Bullish, throne for the last five hun- 
 &t^gy;esb£afjc®f^i(fc-Mvg9i8^de such sweeping inroads 
 "dp^aitJiaskM^^^Si^cfe'i^'ia'P the administration has 
 ■»g©E[ M$ (^9Mti^^MP^^W^^S9^^^^^7> without losing 
 3sfeJta«ft@!a©itl^&ifee%4^tc^^J]^^ 
 
 egbirT^ ,&an&h Bidi no yrrfitosmaioO &id ril .v 
 
 1 . Treason against the United Staft.^j. shall 
 difif Si§t"tely-i?i ^Iwyifeg'JoW'^i^iagaiirn&tri^BijHOf in 
 
 .oikie-r £ 07 bsilmdua srsdi bmi : bood■Iodd^i^a baa .aaegsrrtm bm 
 
THE CONSTITUTION. 69 
 
 Treason unless on the Testimony of two Wit- 
 nesses to the same overt Act, or on Confession 
 in open Court. 
 
 2. The Congress shall have Power to declare 
 the Punishment of Treason, but no Attainder of 
 Treason shall work Corruption of Blood, or 
 Forfeiture except during the Life of the Person 
 attainted. 
 
 NOTE. 
 
 The meaning of " Treason " is here placed beyond 
 dispute — it consists in " levying icar,'' &c. ; or in giv- 
 ing aid and comfort to those who do levy war upon 
 the United States. To give aid and comfort, is 
 to assist the enemy with the means of levying war. 
 A man's opinions or symjMthies are a gi'eat ways out- 
 side of treason. He may beHeve his government to 
 be caiTying on an unjust war, and his sympatliies may 
 even be with those with whom his country is carrying 
 on a war, without being a traitor. The law does not 
 punish opinions and sympatliies as crimes. " In our last 
 war with England the entire " Federal"" party sympa- 
 thized with the enemy. Ministers preached against 
 the war as " unholy and damnable" — statesmen de- 
 nounced not only the war, but every separate meas- 
 ure of the administration which was carrying it on. 
 But all this was nQt/treiiiSon^-^^as Etatigivieg aj^attd 
 Gomfort toihe |'BeMy:iijBiJ;'hia tfc©^^^toi#gI§l>'t•i^^ Isiap*.' 
 The :samfeisda'a^.yv.cfm^o^iI i5sst%rMesi$oeo::¥^^ 
 Golin,: ith-en ■ a" memb<&r oe^fcilOeBgij^Q^ivflesiiftjiftc^'l itj©a 
 thsfe-iflotaj:-: ol ihe Hojui^tf a©dd ^c\§t«»^i{«^fi;lte toiga-eA 
 
60 NOTES ON 
 
 to stop all supplies for the army. One member, (our 
 present minister to Mexico,) in a speech on the floor 
 of Congress, prayed to God that the enemy might 
 "welcome our soldiers with bloody hands to hos- 
 pitable graves." While the democrats were illumina- 
 ting all our cities to celebrate the victories achieved ^ 
 by our soldiers, the Whigs closed their doors, shut 
 their houses in darkness, and retired in sullen silence 
 from the'Joud acclaim, to show their detestation of the 
 war. But all this was not treason — was not levying 
 war, nor giving aid and comfort to the enemy within 
 the meaning of the Constitution. So with the pres- 
 ent war — a man has a right to his opinions and his 
 sympathies. He may believe the war to be violative 
 of the Constitution, to be an act of cruel and bloody 
 despotism, to be carried on for an unholy and damna- 
 ble purpose — nay, he may believe that the cause of 
 the Union and of liberty demands that it should ut- 
 terly fail, and be no traitor ; but, on the other hand, 
 be a true patriot. No man has a right to punish 
 him for his sympathies with those who are fighting to 
 defend their altars and their homes. He may be 
 mistaken in his opinions, and be misguided in the ex- 
 ercise of his sympathies — but wrong opinions and 
 misguided sympathies are not crimes within the 
 meaning of the laws. 
 
 The above section declares that no man shall be 
 convicted of treason unless on the testimony of two 
 witnesses, or on an open confession. And also that 
 " no treason shall work corruption of blood or for- 
 feiture, except during the life of the person attainted." 
 Both of these provisions have been violated in in- 
 numerable instances, by the present administration. 
 
THE CONSTITUTION. 61 
 
 It has pronounced men guilty of treason, by order 
 and proclamation, without witnesses and without 
 trial ; and has declared their property confiscated for 
 all time, and under such order has proceeded to sell 
 and deed away said property. Of course the parties 
 holding this property have no valid title to it what- 
 ever. If the Constitution and laws should survive 
 this destructive revolution, all the holders of property, 
 thus illegally obtained, will be dispossessed and 
 severely punished. In the eye of the law the holders 
 have no more just claim to the property from the 
 title given by Mr. Lincoln, or by his Congress, than 
 they would if they had received it in fee simple from 
 a banditti. Such is the organic law of the land. 
 Neither the President nor Congress, nor any other 
 authority can alter it. An act of Congress which vio- 
 lates the Constitution is not a law. All parties en- 
 gaged in executing an unconstitutional law, are Kable 
 to punishment. 
 
 MISCELLANEOUS. 
 
 ARTICLE IV. 
 
 Section 1. 
 
 Full Faith and Credit shall be given in each 
 State to the public Acts, Records, and judicial 
 
bZ NOTES ON 
 
 Proceedings of every other State. Aiid the 
 Congress may by general Laws prescribe the 
 Manner in which such Acts, Records and JPro- 
 ceedings shall be proved, and the Effect thereof. 
 
 Section 2. 
 
 1. The Citizens of each State shall be entitled 
 to all Privileges and Immunities of Citizens in" 
 the several States. 
 
 2. A Person charged in any State with Trea- 
 son, Felony, or other Crime, who shall flee from 
 Justice, and be found in another State, shall on 
 Demand of the executive Authority of the State 
 from which he fled, be delivered up, to be re- 
 moved to the State having Jurisdiction of the 
 Crime. 
 
 3. No Person held to Service or Labor in one 
 State, under the Laws thereof, escaj)ing into 
 another, shall, in Consequence of any Law or 
 Regulation therein, be discharged from such 
 Service or Labor, but shall be delivered up on 
 Claim of the Party to whom such Service or 
 Labor may be due. 
 
THE CONSTITUTION. 63 
 
 are put upon the same footing. They are both to be 
 given up " on claim ;" that is, on the identity of the 
 absconding parties being proved. The process is 
 summary, and not a trial by Jury. For the benefit of 
 fugitive negro slaves, a majority of the Northern 
 States have passed laws to prevent this summary 
 process. But they have never passed any such laws 
 for the benefit of absconding white men. All such 
 acts are, however, plainly unconstitutional, for 
 according to the Constitution, the process is on claim, 
 or summary. In relation to the fugitive fi'om labor 
 clause. Judge Story says : " This clause was intro- 
 duced into the Constitution, solely for the benefit of 
 the slaveholding States, to enable them to reclaim 
 their fugitive slaves, who should escape into other 
 States, where slavery is not tolerated." In 1793, 
 Congress passed a special act to give efiiciency to 
 this fugitive slave clause of the Constitution. This 
 bill was signed by Washington, and known as the 
 "Jirst fugitive-slave laiv." Another fugitive-slave law 
 Was passed in 1850. Soon after the passage of this 
 last fugitive- slave law, a large majority of the North- 
 ern States passed acts nullifying not only both of 
 these acts of Congress, but this fugitive-slave clause 
 of the Constitution as well. Indeed, with the excep- 
 tion of New Jersey and Illinois, we think every North- 
 ern State has been guilty of this n idlification. There 
 was, some years ago, a fearful excitement in the 
 North, when South Carolina riullified a single act of 
 Congress, on the alleged ground of its unconstitu- 
 tionality. But the Northern States have nuUified two 
 acts of Congress, and a clause of the Constitution ba-t^ 
 si[4f|i- Ift.piost-pl the,,|5fo?therijt^tateA;thiese actsof/ 
 
64 NOTES ON 
 
 Congress were resisted by combinations of armed 
 men, and in many instances blood was shed. All this 
 time the South was earnestly pleading with the North 
 to respect the Constitution and obey the laws. The 
 North answered her with jeers, defiance and threats. 
 Societies were formed in every Northern city, for the 
 purpose of stealing the property of the Southern 
 States, and of resisting, with force of arms, the en- 
 forcement of the Constitution and the laws in relation 
 to slavery. This warfare did the North carry on 
 against the property and Constitutional rights of the 
 South for a third of a century, before the South was 
 driven into the desperate steps of secession. 
 
 Section 3. 
 
 1 , New States may be admitted by the Con- 
 gress into this' 'Union ; but no new State shall 
 be formed or erected within the Jurisdiction of 
 any other State ; nor any State be formed by 
 the Junction of two or more States ; or parts of 
 States, without the Consent of the Legislature 
 of the States concerned as well as the Con- 
 gress. 
 
 NOTE. 
 
 Mr. Lincoln's Proclamation of Amnesty, which says 
 that one tenth of the number of inhabitants of States, 
 may organize new State Governments, is a criminal 
 violation of this clause of the Constitution. And 
 
THE CONSTITUTION. 65 
 
 •what makes it still worse, if degrees of crime can 
 be applied to such a monstrouB wrong, is the fact that 
 the oiie tenth may not be citizens of the States to be 
 so re-organized — they may all be the creatures of the 
 President, camp followers, or parasites from the 
 North. The one tenth is to be counted by the officers 
 in the army. Another violation of this clause is 
 the act of Congress creating a new State out 
 of the territory of the State of Virginia. Mr. 
 Stevens of Pennsylvania declared that he " was not 
 going to stultify himself by claiming that this act is 
 Constitutional. We know that it was not Constitu- 
 tional, but it is necessary." 
 
 2. The Congress shall have Power to dispose 
 of and make all needful Rules and Regulations 
 respecting tbe Territory of other Property be- 
 longing to tbe United States ; and nothing in 
 this Constitution shall be so construed as to 
 Prejudice any Claims of the United States, or of 
 any particular State. 
 
 Section 4. 
 
 The United States shall guarantee to every 
 State in this Union a Republican Form of Gov- 
 ernment, and shall protect each of them against 
 Invasion ; and on Application of the Legisla- 
 
66 NOTES ON 
 
 ture, or of the Executive (when tlie Legislature 
 cannot be convened) against domestic Violence. 
 
 By the last clause of the third Section of this Arti- 
 cle, it is declared that the power of Congress over the 
 territories of the United States shall not be construed 
 to the prejudice of any particular State. The South 
 has contended that^ under this clause of the Constitu- 
 tion, Congress has no power to pass a law excluding 
 the property rights of any of the States from the 
 territories belonging to the United States ; and that 
 therefore slavery could not be excluded by act of 
 Congress. The South furthermore claims that, as, by 
 the old French law, slavery existed in all the terri- 
 tories of the Louisiana purchase, and as such laws 
 were never repealed, slavery already exists there, and 
 must be of binding effect until repealed by the sover- 
 eign acts of States formed out of said territory. On 
 this subject the Constitution and the law are evidently 
 with the claim of the South. Such has always been 
 the doctrine of the supreme court and the democratic 
 party. The idea that Congress has a right to banish 
 the property mstitutions of the Southern States, from 
 the common territory of the United States is of a very 
 modern date, and is clearly in opposition to the Con- 
 stitution. 
 
 In this fourth Section it is declared that the Fed- 
 eral Government shall guarantee every State a 
 Republican form of government. Mr. Lincoln and 
 his party have disreguarded this clause in even 
 
THE CONSTITUTION. G7 
 
 every Northern State. Almost avery attribute of a 
 republican form of government have they swept away, 
 a*nd to the shame of the people of these States have 
 they submitted to a despotism more insulting than 
 the tyranny that has made Austria and Turkey by- 
 words among the free peoples of the earth. 
 
 ARTICLE V. 
 
 The Congress, whenever two thirds of Loth 
 Houses shall deem it necessary, shall propose 
 Amendments to this Constitution, or, on the Ap- 
 plication of the Legislatures of two-thirds of the 
 several States, shall call a Convention for pro- 
 posing Amendments, which, in either Case, shall 
 be valid to all Intents and Purposes, as Part of 
 this Constitution, when ratified by the Legisla- 
 tures of three-fourths of the several States, or 
 by Conventions in three-fourths thereof, as the 
 one or the other mode of Katification may be 
 proposed by the Congress ; Provided that no 
 Amendment which may be made prior to the 
 Year one thousand eio^ht hundred and eicrht 
 shall in any Manner affect the first and fourth 
 Clauses in the Ninth Section of the first Article ; 
 and that no State, without its consent, shall be 
 deprived of its equal Suffrage in the Senate. 
 
 NOTE. 
 
 .Two thirds of the States, not two thirds of the peo- 
 
68 KOTES ON 
 
 pie, can call a convention. And so three quarters of 
 the States, not three quarters of the people, can alter 
 the Constitution. This is a further proof of the abso- 
 lute sovereignty of the States. The power to alter or 
 abolish is in their hands as sovereign bodies, and not 
 in the hands of the people at large. The people at 
 large, as consolidated in a national Government, are 
 no where recognized in this Constitution. There is 
 no such body politic known to this Constitution as 
 TJw National Government. As shown in another 
 place, when a resolution was offered in the Constitu- 
 tional Convention, that " a national Government 
 ought to be formed," it was rejected, and a resolution 
 passed, to form a government of " the United States." 
 Ours is a government of Confederated States, of 
 States united voluntarily, for the benefit of the States, 
 and for no other purpose. The States which made 
 this Union, can unmake it, and form another, or re- 
 main apart as they were previous to the first Con- 
 federation, according to the form of proceeding provi- 
 ded for in this Fifth Article of the Constitution. A 
 Convention so called, would possess all the powers of 
 the original Convention that formed the Consti- 
 tution. Many have earnestly urged the propriety 
 of calling such a convention to settle our unhappy 
 difficulties. Both the President and Congress 
 have usurped the powers which belong alone to 
 such a Convention. The issues which fanaticism 
 have forced upon the country, are beyond the lawful 
 reach of the Executive and Congress. They concern 
 the organic character of the Union, and can only be 
 properly dealt with by the original and undelegated 
 powers of the States. "Why has the Administration 
 
THE CONSTITUTION. 69 
 
 SO bitterly and so spitefully rejected every proposi- 
 tion for the convention provided for in this article of 
 the Constitution ? Do they fear that such a conven- 
 tion would devise some plan to stop this horrible 
 shedding of blood, and restore the Union to the exact 
 basis on which it was originally formed ? The malice 
 with which they pursue the advocates of a Constitu- 
 tional Convention, is proof that they dare not sub- 
 mit the issues to the just and lawful authority of the 
 States so assembled in general convention, as provi- 
 ded for in this article. 
 
 SUPREMACY OF THE CONSTITU- 
 
 Tioisr. 
 
 AETICLE VI. 
 
 1. All Debts contracted and Engagements 
 entered into, before the Adoption of this Con- 
 stitution, shall be as valid against the United 
 States under this Constitution, as under the 
 Confederation. 
 
 2. This Constitution, and the Laws of the 
 United States which shall be made in Pursuance 
 thereof ; and all Treaties made, or which shall 
 
70 NOTES ON 
 
 be made, under the authority of the United 
 States, shall be the supreme Law of the Land ; 
 and the Judges in every State shall be bound 
 thereby, any thing in the Constitution or Laws 
 of any State to the contrary notwithstanding. 
 
 3. The Senators and Representatives before 
 mentioned, and the members of the several State 
 Legislatures, and all executive and judicial Offi- 
 cers, both of the United States and of the seve- 
 ral States, shall be bound by Oath or Affirma- 
 tion, to support this Constitution ; but no relig- 
 ious Test shall ever be required as a Qualifica- 
 tion to any Office or public Trust under the 
 United States. 
 
 NOTE. 
 
 The Constitution and all laws made in pursuance 
 thereof shall be the Supreme law of the land ; that is, 
 they are supreme within their limits. 
 
 The Constitution is the paramount law of the land ; 
 and cannot be altered by Congress, by the Executive, 
 nor by the Supreme Court, nor by any other power, 
 except that of the States which made it. In this 
 sense it is supreme— to be obeyed by all. Congress, 
 the Supreme Court, and the President, derive all their 
 powers from the grant of the States contained in the 
 Constitution. An act of Congress not done in pur- 
 suance of or in agreement with the Constitution is 
 null. [See 8. Dallas Report 399.] For the same 
 
THE CONSTITUTION, 71 
 
 reason all orders or proclamations by the President 
 not authorized by the Constitution are binding upon 
 nobody. The original jurisdiction of the Supreme 
 Court can be neither abridged nor enlarged by an act 
 of Congress, nor by any order from the President, 
 because the Constitution is the supreme law. Neither 
 can the Constitution or laws of any of the States be 
 so altered as to conflict with the powers which the 
 States themselves "delegated" or "granted" in 
 the Federal Constitution, for the "general wel- 
 fare." The States have delegated the exercise of 
 certain powers to the Federal Government, to be used 
 for the general welfare of all the States, and by this 
 instrument or grant they bind themselves to take no 
 steps individually to exercise the powers which they 
 have commissioned the Federal Government to em- 
 ploy for the benefit of the whole. It is precisely of the 
 nature of a compact between a number of individuals 
 who go into business together, and for the common 
 interest of the firm they appoint a general agent, with 
 full powers to act in certain specified matters for the 
 firm, each agreeing not to act in those specified 
 matters except through the said general agent. 
 Such is the nature of this clause of the Constitution 
 in which the States bound themselves not to pass 
 laws conflicting with the powers which they mu- 
 tually confided to the Federal Government in the Con- 
 stitution. 
 
72 NOTES ON 
 
 OF RATIFICATION. 
 
 ARTICLE VII. 
 
 Tlie Ratification of tlie Conventions of nine 
 States, shall be sufficient for the Establishment 
 of this Constitution between the States so ratify- 
 ing the Same. 
 
 Done in Convention by the Unanimous con- 
 sent of the States present the Seventeenth 
 Day of September, in the year of our Lord 
 one thousand seven hundred and Eighty- 
 seven and of the Independence of the 
 United States of America the Twelfth. In 
 Witness whereof We have hereunto sub- 
 scribed our Names 
 
 GEORGE WASHINGTON, 
 
 President^ and deputy from Virginia, 
 
 NEW HAMPSHIRE. 
 John Langdon, Nicholas Gilman. 
 
 MASSACHUSETTS. 
 Nathaniel Goeham, Rufus King. 
 
THE CONSTITUTION. 73 
 
 CONNECTICUT. 
 
 Wm. Saml. Johnson, Roger Sherman. 
 
 NEW YORK. 
 Alexander Hamilton. 
 
 NEW JERSEY. 
 
 WiL. Livingston, David Breaelet, 
 
 Wm. Paterson, J. Dayton. 
 
 PENNSYLVANIA. 
 
 B. Franklin, Thomas Mifflin, 
 
 Robert Morris, George Clymee, 
 
 Thomas Fitzsimons, Jared Ingersoll, 
 
 James Wilson, Gouverneur Morris. 
 
 DELAWARE. 
 
 George Read, Gunning Bedford, Jr., 
 
 John Dickinson, Richard Bassett, 
 
 Jacob Broom. 
 
 MARYLAND. [ifer, 
 
 James M 'Henry, Dan. of St. Thos. Jen- 
 
 Daniel Carrol. 
 
 VIRGINIA. 
 
 J. Blair, James Madison, Jr. 
 
74 NOTES ON 
 
 JSTOETH CAROLINA. 
 
 William Blount, Rich'd Dobbs Spaight, 
 
 Hugh Williamson. 
 
 SOUTH OAROLmA. 
 
 John Rutledge, Charles C. Pinokney, 
 
 Chaeles Pincknet, Pierce Butler. 
 
 GEORGIA. 
 William Few, Abraham Baldwin, 
 
 Attest : WILLIAM JACKSON, 
 
 Secretary. 
 
 NOTE. 
 
 It was first resolved that " if seven States, whose 
 votes in the first branch should amount to a majority 
 of the representation in that branch, concur in the 
 adoption of the system, it should be sufficient." 
 This proposition met with a decided opposition from 
 Luther Martin and others, on the ground that a mi- 
 nority of States could not be bound by the action of 
 a majority in forming or disclosing a Constitution — . 
 " that, in originally forming a Constitution, it was 
 necessary that every individual should agree to it, to 
 become bound thereby ; and that when once adopted, 
 it could not be dissolved without the consent of every 
 individual who was party to the original agreement." 
 This line of remark was adopted by those who 
 were really opposed to the new Constitution. The 
 
THE CONSTITUTION. 75 
 
 Union of these States was first formed in 1778, by 
 the adoption of Articles of Confederation between 
 the thirteen Colonies. The 1st article of this Con- 
 federation declared, " The style of this Confederacy 
 shall be, the United States of Ameeica." And the 
 closing paragraph of these articles sets forth that, 
 " the articles thereof shall be inviolably observed by 
 the States we respectively represent, and that the 
 Union shall he perpetual^ It lasted just, ten years, 
 when nine States seceded by adopting our j)resent 
 Constitution. In opposing this dissolution of the 
 Union made under the articles of Confederation, 
 Luther Martin said — "It is a part of the compact 
 made and entered into., in the most solemn manner, 
 that there should be no dissolution or alteration of 
 the Federal Government, without the consent of 
 every State, the members of and parties to, the origi- 
 nal compact ; that, therefore, no alteration could be 
 made by a consent of a part of these States, which 
 would either release the States so consenting from 
 the obligation they are under to the other States, or 
 which would in any manner become obligatory upon 
 those States that should not ratify such alterations.' 
 The decided stand taken by Mr. Martin and seconded 
 by other powerful names, led to the adoption of the 
 plan of this la»t article, that the ratification of the 
 new Constitution by nine States should be sufficient 
 for the formation of a new Union " between the States 
 so ratifying the same." States refusing to ratify the 
 new Constitution, were neither bound by it nor by 
 any acts of the new Congress. They remained to all 
 intents what they were before the Union was formed- 
 It was a long time before North Carolina and Bhodo 
 
76 NOTES ON 
 
 Island adopted the Constitution. Eleven States Iiad 
 seceded from the old Union and entered into a new 
 compact. To this new Union, these two non-ratify- 
 ing States were, in all particulars, as foreign coun- 
 tries, and were so regarded and so treated, until they 
 adopted the new articles of compact. It was the 
 right of sovereign States to accept or reject this Con- 
 stitution. There was not a man then in the whole 
 country who had the hardihood to declare that a mi- 
 nority of the States should be coerced into a Union 
 with the majority. The Union was formed, as we 
 have seen, upon the voluntary basis, and any attempt 
 made to change it to an involuntary basis, would tend 
 to subvert and destroy, not only the form, but also 
 the principles of government established by our 
 fathers. It would be a war upon liberty. A war 
 upon the sacred principle of self-government. 
 
 AMENDMENTS. 
 
 TO THE CONSTITUTION OF THE UNITED STATES, EATI- 
 FIED ACCORDING TO THE PROVISIONS OF THE 
 FIFTH ARTICLE OF THE FOREGOING CONSTITUTION. 
 
 AKTICLE I. 
 
 Congress shall make no law respecting an es- 
 
THE CONSTITUTION. 77 
 
 tablisliment of religion, or prohibiting the free 
 exercise thereof ; or abridging the freedom of 
 speech, or of the press ; or the right of the peo- 
 ple peaceably to assemble, and to petition the 
 Government for a redress of grievances. 
 
 NOTE. 
 
 The amendments to the Constitution may be re- 
 garded as partaking of the character of a Bill of Rights. 
 The extreme jealousy of the people, who had just 
 come out of a prolonged and bloody struggle for 
 the estabhshment of their independence and freedom, 
 made them hesitate to adopt the Constitution until 
 they had every guarantee that it could never be con- 
 strued to impart powers to the general government 
 which might one day be turned against the States. 
 When the Convention of Massachusetts ratified the 
 Constitution, they suggested nine amendments to it, 
 for the following reason : 
 
 *' And it is the opinion of this convention, that cer- 
 tain amendments and alterations in the Constitution, 
 would remove the fears, and quiet the apprehensions of 
 many of tJie good people of this commomvealth, and more 
 effectiiaUy guard against any undue administration of tlie 
 federal government, the convention do therefore re- 
 commend, that the folloMang alterations and pro- 
 visions be introduced into the said Constitution." 
 
 It was to guard against the undue administration of 
 the federal government that the amendments were 
 recommended. Among these recommendations was 
 the one embraced in Article tenth of these amend- 
 
78 NOTES ON 
 
 ments. All the States evinced tlie same solicitude in 
 relation to the danger of the federal government at- 
 tempting to exercise powers not granted in the Con- 
 stitution. 
 
 The perfect right of self-government, or of State 
 Government was a great and absorbing object with 
 those who framed and with those who accepted the 
 federal Constitution. 
 
 The first sentence, however, in the Article First of 
 these amendments, forbiding Congress to make any 
 law respecting religion, gave much offence to a very 
 great number of the clergy. They declared that this 
 Article " voted God out of the Constitution." 
 
 The freedom of speech and of the press guaranteed 
 in this Article is a right so sacred that none but the 
 most desperate or reckless of tyrants has dared to 
 destroy it. To deny a man this freedom, is to at- 
 tempt the subjugation of his mental life. None but 
 a demoralized and debased people ever submitted to 
 an abridgement of this right. In the old republics 
 of Greece, thought and speech were always free. 
 Words, were revenged only by words. It is for this 
 reason that the literature of Greece is so full of force, 
 nobility, and genius. And Greece gave these great 
 lessons of freedom to the Roman Kepublic. The 
 laws of Rome only restrained deeds. Writing 
 and speaking were free, even for a long time after 
 the Republic fell. Caesar permitted the largest liber- 
 ty of speaking and writing. Even his own soldiers 
 sung the most revolting scandals about him up and 
 down the lines of the army without punishment. 
 His successor, Augustus, was equally tolerant of the 
 utmost liberty of speaking and writing. Said he, 
 
THE CONSTITUTION. 79 
 
 „ Let us not puuisli words but deeds. Let all men's 
 words be free." Even Tiberius declared : ''in a free 
 State, speech and tliouglit, word and feeling must be 
 free." Such was the character of the Roman people 
 at that time, that their rulers were forced to yield 
 gracefully this boon of free speech. None but 
 a depraved people will long consent to the loss of 
 this freedom. The freedom of the press in England 
 has been in one way and another guarantied ever 
 since the reign of WilHam III. But it has often had 
 to struggle hard against the arbitrary power of cor- 
 rupt rulers. Since the election of Mr. Lincoln, the 
 freedom of speech and of the press in this country 
 has depended entirely upon the caprice of the Presi- 
 dent, or the whim or malice of his Secretaries, Pro- 
 vost Marshals, and Generals. There has been a 
 total disregard and contempt of this Article of the 
 Constitution. The excuses that have been made for 
 the violation of the organic law of the land are pre- 
 cisely such as are always made by usurpers and 
 tyrants for similar deeds. How unaccountably have 
 the people submitted ! It looks as though some foul 
 fiend had bewitched the public. When the President 
 threw away his oath of office, the people seem also to 
 have thrown away their manhood. Congress has 
 passed several acts designed to destroy the virtue of 
 this Article. But as all acts of Congress done in vio- 
 lation of the Constitution are nul and void ; these acts 
 are not laivs. The Constitution is the supreme law. 
 To that let the people hold fast, and by that let them 
 judge of the character and deserts of those in office. 
 Men have been seized even in New York for having 
 had a respectful petition to Congress found in their 
 
80 ■ NOTES ON 
 
 possession. Public assemblies of peaceable and law 
 abiding citizens have been dispersed in almost every 
 State by the bayonets of soldiers, acting by the order 
 of provost marshals, who receive the inspiration of 
 their lawless deeds from jthe fountain head at Wash- 
 ington. 
 
 ARTICLE IL 
 
 A well regulated Militia, Being "necessary to 
 the security of a free State, the right of the peo-. 
 pie to keep and bear Arms, shall not be^ in- 
 fringed 
 
 In his comments on this Article, Chief Justice 
 Story says — " One of the ordinary modes, by which 
 tyrants accomplish their purposes, is, by disarming 
 the people, and making it an offence to keep arms, 
 and by substituting a regular army in the stead of the 
 mihtia. The friends of a free government cannot be 
 too watchful to overcome the dangerous tendency of 
 the public mind to sacrifice, for the sake of mere pri- 
 vate convenience, this powerful check upon the de- 
 signs of ambitious men. * ^' The militia is the 
 Qatural defence of a free country against sudden for- 
 eign invasions, domestic insurrections, and domestic 
 usurpations of poiver hy rulers.'''' The present ad- 
 ministration has violated this article of the Consti- 
 tution in every particular. It has, in a great many 
 instances, disarmed the people by forcibly entering 
 their houses and seizing their arms of every descrip- 
 
THE CONSTITUTION. 81 
 
 tioB. It has sent overwlielming numbers of United, 
 States soldiers into peaceable and law-abiding com- 
 munities, to overawe the people, and render the militia 
 ineffectual for the preservation of the peace and the 
 protection of the citizens. In a word, it has substi- 
 tuted United States soldiery for the militia. It is said 
 that there are at the present time (March 1864) over 
 twenty thousand United States troops regularly sta- 
 tioned in the city of New York. The Governor, to 
 his shame be it spoken, makes no protest against this 
 invasion of the State on the part of the Federal Ad- 
 ministration. The city of New York is virtually un- 
 der mihtary law. If the General commanding these 
 troops does not plunge every citizen into a bastile, it 
 is only because it does not suit his whim or caprice 
 of the moment. The same power by which he 
 seizes one, menaces the liberty of all. The pres- 
 ence of such a United States force uninvited by the 
 State Executive, is a violation of both the Federal 
 and State Constitutions, and ought not to be submit- 
 ted to a single hour by the authorities of the State. 
 The militia is the only military force the laws aUow 
 in a State, unless United States troops are sent there 
 in response to the call of the Governor or Legislature 
 of the State. Again, Congress has passed an act (the 
 conscription) which tends to annihilate the State 
 JVEilitia to such an extent as to leave the States com- 
 pletely at the mercy of the Federal army. AH these 
 acts are revolutionary, and violative of the Constitu- 
 tion, This Second Ai-ticle of the Amendments, is a 
 restriction upon the powers of Congress, and which 
 is contumaciously disregarded in the Act here re- 
 feiTed to. 
 
82 NOTES on 
 
 ARTICLE III. 
 
 No Soldier shall, m time of peace be quar- 
 tered in any house, without the consent of the 
 Owner, nor in time of war, but in a manner to 
 be prescribed by law.' 
 
 NOTE. 
 
 The idea, that in time of war soldiers may be used 
 to violate the laws of the land is effectually answered 
 by this Article. In a free country soldiers are never 
 to be used except " in a manner prescribed by law," 
 much less are they to be used to violate the organic 
 laws of the land. This Article of the Constitution 
 has been not only disreguarded, but it has been vio- 
 lated by the Administration in a most cruel and de- 
 spotic manner, in every one of the border States. Its 
 violations in those States, is, as a principle just as 
 bad as its violation in every State would be. The 
 fate of one may be the fate of all. There are portions 
 of the States of Missouri and Kentucky, where the 
 property of law-abiding citizens has been entirely de- 
 stroyed during this war. But it is said they were sus- 
 pected of ha^sdng sympathies with the South. If they 
 had, it was not a crime by the laws of this country. 
 And even if it had been a crime, soldiers are not the 
 judges of the laws. They are to be employed only 
 "in a manner prescribed by law." The law is x^ara- 
 mount, and soldiers can be used only in its just and 
 
THE CONSTITUTION. 83 
 
 faithful execution. The using of tliem for any other 
 purpose, or in any other manner is a high crime on 
 the part of all concerned in the transactions. 
 
 ARTICLE IV. 
 
 The right of the j)eople to be secure in their 
 persons, houses, papers, and effects, against un- 
 reasonable searches and seizures, shall not be 
 violated, and no Warrants sball issue, but upon 
 probable cause, supported by Oath or affirma- 
 tion, and particularly describing the place to be 
 searched, and the persons or things to be seized. 
 
 NOTE. 
 
 By this Article, aU general warrants for searching 
 or seizing persons, property, or papers, without par- 
 ticularly describing the object of the process, and the 
 person and plea to be searched, is made unconstitu- 
 tional. The arbitrary and tyrannical use of genera 
 •warrants, was one of the complaints of our fathers 
 against the government of Great Britain ; and it was 
 their design in this Constitution, to secure themselves 
 and thek children for all time against such abuses of 
 power. The provisions of this Article are : 1st, That 
 no searches or seizures shall be made upon the peo- 
 ple in consequence of mere rumor, or unfounded sus- 
 picions. 2d, That even where there are good and 
 sufficient grounds to suspect either an accomplished 
 
84 NOTES ON 
 
 or an intended wrong, no search or seizure can be 
 made witliout a loarrant, definitely setting forth the 
 parties and places to be searched. 3d, No warrant 
 can be issued to seize a person or search a place, ex- 
 cept on the oath or affirmation of parties hnowing the 
 existence of wrong. In all these particulars, the 
 present Administration has violated this Article in 
 many instances. Peaceable and unoffending citi- 
 zens have been searched and seized without the 
 oath and warrant here prescribed. 
 
 AKTICLE Y. 
 
 Ko person shall be held to answer for a capi- 
 tal, or otherwise infamous crime, unless on a 
 presentment or indictment of a Grand Jury^ 
 except in cases arising in the land or naval 
 forces, or in the Militia, when in actual service 
 in time of War or public danger ; nor shall any 
 person be . object for the same offence to be 
 twice put in jeopardy of life or limb ; nor shall 
 be compelled in any Criminal Case to be a wit- 
 ness against himself, nor be deprived of life, lib- 
 erty, or property, without due process of law ; 
 nor shall private property be taken for public 
 use, without just compensation. 
 
 NOTE. 
 
 The important guarantees of this Article are ; 1st., 
 
THE CONSTITUTION. 85 
 
 That no person who is not in the land or naval ser- 
 vice, or in the militia in actual service shall he held to 
 answer for any crime "except on presentment or indictment 
 of a Grand Jiirij''' Thus an order from Mr. Stanton, 
 fr'om Mr. Seward, or any other high official, to seize a 
 man, who is not in the army or navy, is of no more 
 binding effect -than such an order would be from the 
 poorest negro in the land. A j^arty not in the 
 military or naval service, is under no more obligations 
 to respect such an order than if it came from the sub- 
 terranean den of a bandit. Such is the law. Any 
 party attempting to seize the person of another on 
 such an order, or without the order of some civil 
 court, is liable to be punished on the spot, in any 
 manner which the assailed party believes to be neces- 
 sary for his personal safety, and may afterwards be 
 prosecuted both in a civil and criminal suit. 2. Every 
 man is here guaranteed against the loss of liberty or 
 property, luithoid due process of laio. This clause is a 
 restriction not only upon the authorized administra- 
 tors of the laws, but more especially upon Congress 
 — forbidding them to entrust power over the liberties, 
 property or lives of the citizens to military officers in 
 command, and also forbidding them to confiscate the 
 estates of individuals without the formality of trial 
 " hij due process of laio.'" The object of the clause is 
 to rescue a man from the loss of his property by un- 
 principled acts of legislation. The Confiscation bill, 
 passed by the last Congress, is clearly a violation of 
 this clause of the Constitution, since it confiscates 
 property " withoid due process, and without trial in the 
 civil courts according to the forms of law in such 
 cases provided. Congress is here restrained from 
 
86 . KOTBS ON 
 
 passing all such acts. Property seized by this act 
 is no more legally seized than if it were stolen by the 
 soldiers for their own private benefit. It is plunder 
 in either case. 
 
 ARTICLE YI. 
 
 In all criminal prosecutions, the accused sliall 
 enjoy the right to a speedy and public trial, by 
 an impartial jury of the State and district 
 wherein the crime shall have been committed, 
 which district shall have been previously ascer- 
 tained by law, and to be informed of the nature 
 and cause of the accusation against him ; to have 
 compulsory process for obtaining Witnesses in 
 his favor, and to have the Assistance of Counsel 
 for his defence. 
 
 NOTE. 
 
 In this short Article there are not less than nine 
 safeguards to the rights and personal security of the 
 citizens. 1. In all criminal cases, the accused is 
 guaranteed a speedy trial. 2. His trial is to be puh~ 
 lie. 3. It is to be an impartial jury. 4. The trial is 
 to be in the State and district where the crime was 
 committed. 5. This district shall be previously as- 
 ceiiained by law. 6. The accused is to be informed of 
 tine cbccusation against him. 8. He is to have process 
 to ohtain tvitness in his favor. 9 He is to have the as- 
 sistance of counsel in his defence. Mr. Lincoln has, in 
 
THE CONSTITUTION. 87 
 
 a great many instances, violated this Article of the 
 Constitution in all these particulars. He has denied 
 his victims a speedy trial, but has kept them incarcera- 
 ted in vermin-infested dungeons for weary months, 
 and even years, without any sort of trial, contrary to 
 the Constitution. 
 
 He has, even when he consented to allow a trial, 
 refused it to be public, but has conducted it in secret 
 without allowing the accused to be present, contrary 
 to the Constitution. 
 
 He has refused them trial by impartial jury, but 
 has tried them by partial and irresponsible commis- 
 sions, contrary to the Constitution. 
 
 He has dragged them away from their own State 
 and district, far off into distant States, to imprison 
 and try them, contrary to the Constitution. 
 
 He has refused to inform his victims of the nature 
 of the accusation against them, but has maintained a 
 vicious silence to all their entreaties to know what 
 they were accused of, contrary to the Constitution. 
 
 He has refused to confront them with the witnesses 
 against them, contrary to the Constitution. 
 
 He has refused all process to obtain witnesses in 
 their favor, contrary to the Constitution. 
 
 He has refused to allow them counsel for their de- 
 fence ; but has caused orders to be read in his bas- 
 tiles, to the effect that " if any prisoner attempted to 
 obtain counsel, it would be regarded a cause for fur- 
 ther detention." 
 
 If these things had been done in Austria or in 
 Turkey, we should have thought them monstrous; 
 but here, in this land of boasted freedom, they are 
 abominable beyond human imagination. Surely it is 
 
NOTES ON 8q 
 
 not a wonder that those who have been guilty of these 
 crimes, are opposed to '^tlie Constitution as it is /* for, 
 if that Constitution is not destroyed, the doom of the 
 felon fixedly stares them in the face. There is not a 
 district in the United States through which they can 
 pass, without confronting victims to whom the law 
 gives the right of arresting them by both criminal 
 and civil process. This Constitution was made for 
 the purpose of punishing all such violations of right 
 and liberty. 
 
 ARTICLE VII. 
 
 la suits at common law, where the value m 
 controversy shall exceed twenty dollaz's, the 
 right of trial by jury shall be preserved, and. no 
 fact tried by a jury shall be" otherwise re- 
 examined in any Court of the United States, 
 than according to rules of the common lav?. 
 
 ARTICLE VIII. 
 
 Excessive bail shall not be required, nor ex- 
 cessive fines imposed, nor cruel and unusual 
 punishments inflicted. 
 
 NOTE. 
 
 No excessive fines nor cruel and unusual punish- 
 ments are allowed by this Constitution. As it is not 
 
89 NOTES ON 
 
 stated what are excessive fines and unusual punishments^ 
 we must construe them to be such as would violate 
 the general spirit and character of this Constitution, 
 Avhich was formed, among other things, for the i)ro- 
 tection of the weak from the unjust power of the 
 strong. Even the criminal has her rights, and is not 
 to be touched, except according to law. Excessive 
 fines and unusual punishments are forbidden. For 
 instance, if a man is guilty of the crime of theft, he 
 can not be stript of all his property, and his family 
 beggared and made wretched thereby. Or if he com- 
 mits murder, the State can not take possession of all 
 his property, and thereby drive his family to starva- 
 tion or pauperism. If Congress were to pass an act 
 to confiscate the property of every murderer, so as to 
 deprive his family of the benefit of it, such act would 
 be null, being unconstitutional. The property of a 
 traitor can not be confiscated for a longer period than 
 his own life. At his death it goes to his family or 
 heirs, and any act of Congress to the contrary, would 
 be null. Bail in every shape has been refused. Con- 
 fiscation of all the property of the accused has taken 
 place ; and much cruelty has been practiced against 
 ]3olitical prisoners who have been immured in forti- 
 fication prisons, away from home and kindred. 
 
 ARTICLE IX. 
 
 The enumeration in the Constitution, of cer- 
 tain rights, shall not be construed to deny or 
 disparage others retained by the people. 
 
THE CONSTITUTION. 90 
 
 NOTE. 
 
 Chief Justice Story says that, " The object of this 
 clause is to get rid of a very common but perverse 
 misapplication of a known maxim, that an affirmation 
 of a power in particular cases, implies a negation of 
 it in all other cases." This Ninth Article of the 
 Amendments, is another proof of the extreme jealousy 
 of the States that the Federal Government might, at 
 the instance of a usurping President or a recreant 
 Congress, sometime attempt the exercise of powers 
 not granted in the Constitution. Our fathers sup- 
 posed that they had, in these Amendments, rendered 
 it impossible for the Federal Government to misun- 
 derstand its powers. And so they had. It is impos- 
 sible to believe that the violations of the Constitution 
 by this Administration are the result of misunder- 
 standing ; they come from a deliberate and settled 
 determination to destroy the Constitution and sub- 
 vert the sovereignty of the States. The position of 
 the Administration is an error, it is a crime. 
 
 AETIOLE X, 
 
 The power not delegated to the United 
 States by the Constitution, nor prohibited by it 
 to the States, are reserved to the States respect- 
 ively, or to the people. 
 
 NOTE. 
 
 This Amendment simply follows out, or re-affirms 
 
91 NOTES ON 
 
 the object of tlie preceding. It fixes tlie rule by 
 which the Constitution shall be interpreted. If, at 
 any time, a doubt arises as to the powers of the Fede- 
 ral Government in any case, all that is necessary to 
 determine the matter, is to recur to the Constitution 
 and see if the subject matter was delegated to the 
 Government of the United States, or not. For in- 
 stance, the Federal Congress has passed a conscrip- 
 tion act which puts the service and life of every citi- 
 zen between certain ages, into the hands of the 
 President without the consent of the State to which 
 he belongs. Now, if we turn to the Constitution, we 
 find that the States never delegated such a power to 
 the Federal Government. Every man thus seized, is 
 hidnapped, in the eye of the law, and if the courts and 
 laws are ever restored to their old Constitutional 
 foundations, they may arrest or prosecute all the par- 
 ties concerned in their abduction. The President, and 
 every Provost Marshal or other officer engaged in 
 executing this act, are lia,ble in damages to all the 
 persons thus seized by them and dragged from their 
 business and their homes. A power not delegated to 
 the Federal Government in the Constitution, belongs 
 to the States or the people ; and whoever attempts to 
 enforce in the name of the Federal Government an 
 undelegated power, is liable to punishment. 
 
 ARTICLE XI. 
 
 The Judicial power of the United States shall 
 not be construed to extend to any suit in law or 
 
THE CONSTITUTION. 92 
 
 equity, commenced or prosecuted against one of 
 the United States by Citizens of another State, 
 or by Citizens or Subjects of any Foreign State. 
 
 NOTE. 
 
 This article sets bounds to the Supreme Court of 
 the United States. Commenting on this Article, 
 Judge Upshur says — "It will be conceded on all 
 hands that the Federal Courts have no jurisdiction 
 except what is here conferred. The Judiciary, as a 
 part of the Federal Government, derives its powers 
 only from the Constitution which creates that Gov- 
 ernment." Hence it is evident that the Federal 
 Courts have jurisdiction, only over such matters as 
 were delegated to the Federal Government by the 
 States ; over all other matters, the State Courts retain 
 jurisdiction. Judge Upshur further says — " There is 
 no part of the Constitution in which the framers of it 
 have displayed a more jealous care of the rights of 
 the States, than in the limitations of judicial power. 
 It is remarkable that no power is conferred, except 
 what is absolutely necessary to carry into effect the 
 general design, and accomplish the general object of 
 the States, as independent Confederated States. The 
 federal tribunals cannot take cognizance of any case 
 whatever, in which all the States have not an equal 
 and common interest that a just and impartial de- 
 cision shall be had." The rule is that the decisions 
 of the Supreme Court of the United States, are final 
 in all cases in which the subject matter was delegated 
 to the Federal Government by the States ; and the 
 
93 NOTES ON 
 
 decisions of the supreme judicial autliority of the 
 States, are final over all cases in which the subject 
 matter was retained by the States. For instance — 
 this Congress has passed an act abolishing slavery in 
 the States ; but the Supreme Court cannot pronounce 
 such an act constitutional, because it has no jviris- 
 diction over the question, as the subject matter is not 
 found among the delegated powers of Congress. In 
 this matter the decisions of the S'ate Courts are final, 
 and it is competent for them to pass and execute sen- 
 tence upon the President, and all parties engaged in 
 the business of freeing slaves. The late act of Con- 
 gress, removing certain cases from the State Courts 
 to the Federal Courts, the same being cases in which 
 the subject matter was never delegated to the Federal 
 Government, is a gross violation of the Constitution, 
 and every State judge whb has acquiesced in such a 
 proceeding, has rendered himself liable to impeach- 
 ment by the legislature of his State. Such action on 
 the part of the State judges, must be charged to cor- 
 ruiotlon, because it must be evident to every judge 
 that, as the original jurisdiction of the Federal Courts 
 is fixed by the Constitution, it cannot be lessened nor 
 enlarged by Congress. 
 
 AKTICLE XII. 
 
 The electors shall meet in tlieir respective 
 States, and vote by ballot for President and 
 Vice-President, one of whom, at least, shall not 
 be an inhabitant of the same State with them- 
 
THE CONSTITUTION. 94: 
 
 selves ; they shall name in their ballots the 
 person voted for as President, and in distinct 
 ballots the person voted for as Vice-President, 
 and they shall make distinct lists of all persons 
 voted for as President, and of all persons voted 
 for as Vice-President, and of the number of votes 
 for each, which lists they shall sign and certify, 
 and transmit sealed to the seat of the Govern- 
 ment of the United States, directed to the Presi- 
 dent of the Senate ; — the President of the 
 Senate shall, in the presence of the Senate and 
 House of Representatives, open all the certifi- 
 cates, and the votes shall then be counted ; — the 
 person having the greatest number of votes for 
 President sball be the President, if such num- 
 bers be a majority of the whole number of 
 electors appointed ; and if no person have such 
 majority, then from the persons having the high- 
 est numbers not exceeding three on the list of 
 those voted for as President, the House of Eep- 
 resentatives shall choose immediately, by ballot 
 the President. But in choosing the President, 
 the votes shall be taken by States, the represen- 
 tation from each State having one vote ; a quo- 
 rum for this purpose shall consist of a member 
 or members from two-thirds of the States, and a 
 
95 NOTES ON 
 
 majority of all the States shall be necessary to a 
 choice. And if the House of Representatives 
 shall not choose a President whenever the right 
 of choice shall devolve upon them, before the 
 fourth day of March next following, then the 
 Vice-President shall act as President, as in the 
 case of the death or other constitutional disa- 
 bility of the President. The person having the 
 greatest number of votes as Vice-President, shall 
 be the Vice-President, if such number be a ma- 
 jority of the whole number of electors appointed, 
 and if no person have a majority, then from the 
 two highest numbers on the list, the Senate shall 
 choose the Vice-President ; a quorum for the 
 purpose shall consist of two-thirds of the whole 
 number of Senators, and a majority of the whole 
 number shall be necessary to a choice. But no 
 j)erson constitutionally ineligible to the office of 
 President shall be eligible to that of Vice- 
 President of the United States, 
 
CONCLUDING- REMABKS, 
 
 Whoever studies this Constitution candidly will be 
 impressed with the enormity of the crimes of the 
 present administration, not only in assuming powers 
 not delegated, but even in extending and perverting 
 those which were. It should be realized that the 
 destruction of this Constitution, carries with it the 
 destruction of the Union. There is no Union except 
 as formed by the Constitution. Those who are not 
 in favor of this Constitution just as it is, in all particu- 
 lars, are opposed to the Union. The effort to enforce 
 the abstract opinions of one section, against the Con- 
 stitutional rights of the other is an act of disunion, in- 
 asmuch as it breaks the only bond of which the Union 
 was formed. 
 
IISTDEX 
 
 Constitution of the United States. 
 
 ABREVIATIONS USED I.Y THE REFERENCES. 
 
 Art. — Adicle. &«. — Seciloyi. C!.— Clause. Amend. — Amendmerd. 
 Frcam. — Preanible. 
 
 A. 
 
 PACK. 
 
 Accounts, public, to bo published. Art. I, Ssc. 9, CI. 7 39 
 
 Adjournment of Congress. Art. II, sec, 3, 53 
 
 AdmlraLt}', jurisdiction. See Judicial Power 
 
 Admission of new States into the Union. Art. IV. sec. 3, cL 1. .Gi 
 
 Ambassadors, appointment of. Art. II, sec. 2, cl. 2 51 
 
 receiving of. Art. II, sec. 3 53 
 
 protection and rights of. Art. Ill, sec. 2, cl. 1 56 
 
 suits by and against. Art. HI, sec. 2, cl. 2 56 
 
 Amendments of Constitution. Art. V. G7 
 
 Appellate jurisdiction. See Judicial Power 
 
 Appointments to office by President and Senate. Art. II, sec. 2, 
 
 cl. 2 51 
 
 ia case of vacancies. Ai-t. II, sec. 2, cl. 3 52 
 
 of representatives. Art. 1, sec. 2, cL 3. 10 
 
n. 
 
 PAGE. 
 
 Appropriations of money. Art. I, Sec. 9, cl. 7 39 
 
 Arms, right to bear. Amend. Art. II 80 
 
 Army, power to raise and support. Art. I, sec. 8, cl. 12 29 
 
 Arrests of Members of Congress. Art. I, sec. G, cl. 1 17 
 
 Arts and Sciences, promotion of. Art. I, sec. 8, cl. 8 28 
 
 Attainder, prohibition of, by Congress. Art. I, sec. 9, cl. 3 38 
 
 effects of, in treason. Art. Ill, sec. 3, cl. 2 , , 59 
 
 Authors, copyright of. Art. I, sec. 8, cl. 8 28 
 
 B. 
 
 Bail, excessive, prohibited. Amend. Ai-t. VIII 88 
 
 Bankruptcy, power of Congress over. Art. I, sec. 8, cl. 4 24 
 
 Bills of attainder, prohibition of. Art. — , sec. 10, cl. 1 41 
 
 Bills of credit. Art. I, sec. 10, cl. 1 41 
 
 Borrovr' money, power of Congress to. Art. I, sec. 8, cl. 3 23 
 
 Bribery, impeachment for. Art. II, sec. 4 , 53 
 
 c. 
 
 Capitation tax, power to lay. Art. I, sec. 9, cl. 4 89 
 
 Captures, regulation of. Art. I, sec. 8, cl. 11 .29 
 
 Cases, what are within Judicial Power. Art. Ill, sec. 2, cl. 1 .... 56 
 
 Census, when taken. Art. 1, sec. 2, cl. 3 10 
 
 Cessions, for seat of government, &c. Art. I, sec. 8, cl. 17 34 
 
 Citizens of the States, &c. Art. IV, sec. 2, cl. 1 62 
 
 Citizens of the United States. Art. II. sec. 1, cl. 4 45 
 
 Coinage, power of Congress. Art. I, sec. 8, cl. 5 24 
 
 counterfeiting. Art. I, sec. 8, cl. 6 26 
 
 Commerce, power of Congress to regulate. Art. I, sec. 8, cl. 3, . . 23 
 no power given to one State over another. Art. I, sec. 
 9, cl. 6 39 
 
m. 
 
 r^GE 
 
 Common defence. Preamble 5 
 
 Common law suits. Amend. Art. YIH 88 
 
 Compensation for property taken for public use. Amend. Art 
 V 84 
 
 Congress of the United States. Art. I, sec. 1 9 
 
 shall assemble once a year. Art. I, sec. 4, cl. 2 IG 
 
 legislative powers vested in. Art. 1, sec. 1 9 
 
 membership. Art. I, sec. 5, cl. 1 16 
 
 quorum in each House. Art. 1, sec. 5, cl. 1 9 
 
 adjournment. Art — , sec. 5, cl. 4 17 
 
 compensation for services, &c. Art. I, sec. 6, cl. 1 17 
 
 Constitution of the United States, purposes of. Pream 5 
 
 oath to support. Art. VI, cl. 3 70 
 
 Crimes, how presented and tried. Art. Ill, sec. 2, cl. 3 57 
 
 D. 
 
 Death, or removal from office of Prepident. Art. IT, sec. 1, cl. 5.. 46 
 
 Debts, contracted before the adoption of Constitution. Art. VI, 
 cl. 1 69 
 
 District of Columbia. Art. I, sec. 8, cl. 17 34 
 
 Domestic tranquility, to insure. Pream 5 
 
 E. 
 
 Election of President and Vice President. Amend. Art. XII — 93 
 
 45 
 
 43 
 
 83 
 
 Electors. Art. II, sec. 1, cl. 3 
 
 Art. II, sec. 1, cl. 2 
 
 Excessive bail prohibited. Amend. Art. VTU 
 
 Export duty, &c. Art I, sec. 9, cL 5 
 
 Ex post facto law. Art I, sec. 10, cl. 1 '11 
 
IV. 
 
 F. 
 
 Freedom of speeeh and of the press. Amend. Art. 1 77 
 
 Fugitives from justice. Article IV, sec. 2, cl. 2 62 
 
 Fugitive slaves. Art. IV, sec. 2, cl. 3 62. 
 
 Grand Jury. Amend. Art. V 84 
 
 H. 
 
 Habeas Corpus. Art. I, sec. 9, cl. 2 .37 
 
 House of Representatives. Art. 1, sec. 2, cl. 1, 9 
 
 choosing officers, &c. Art. I, sec. 2, cl. 5 11 
 
 ■whom it represents. Note Iff 
 
 I. 
 
 Impeachment. Art. I, sec. 2, cl. 5 11 
 
 trial of, in the Senate. Art. I, sec. 3, cl. 6 14 
 
 when President is tried. Art. I, sec. 3, cl. 6 14 
 
 who are liable to. Art. II, sec. 4 53 
 
 judgment in cases of limited. Art. 1, sec. 3, cl. 7 15 
 
 Indictments. Art. I, sec. 3, cl. 7 15 
 
 Inventors, Art. I, sec. 8, cl. 8 28 
 
 Imposts. Art. I, sec. 10, cl. 2 .42 
 
Y. 
 
 J. 
 
 FAGS. 
 
 Judges of the State?. Art. VI, cl. 2 '. 69 
 
 teni^re of. Art. Ill, sec. 1, cl. 1 56 
 
 compensatic n of. Art. Ill, sec. 1 , cl. 1 56 
 
 Judicial power of the U. S. Art. Ill, sec. 2, cl. 1 56 
 
 appellate jurisdiction. Art- III, sec. 2, cl. 2 
 
 cannot apply to estate. Amend. Art. XI 21 
 
 Judge Upshur's comments. Note 92 
 
 L. 
 
 Legislative powers. Art. I, sec. 1 9 
 
 Liberty, the object of the Union. Pream 5 
 
 M. 
 
 Migration or importation. Art. I, sec. 9, cL 1 36 
 
 Money. Art. 1, sec. 9, cl. 7 39 
 
 Militia. Amend. Art. 11 8 
 
 Chief Justice Story on. Note 80 
 
 power of Congress over. Art. I, sec. 8, cl. 15 30 
 
 States to officer and train. Art. I, sec. 8, cl. 16 3S 
 
 ) when lawfully used by the U. S. Note 30 
 
 N. 
 
 Naturalization. Art. I, sec. 8, cL 4 24 
 
 Navy. Art. I, sec. 8, cl. 13 30 
 
 Nobility, no title of allowed. Art. I, sec. 9, cl. 8 41 
 
YI. 
 
 o. 
 
 FACE 
 
 Or.th of tlie President. Art. II, sec. 1, cl. 7 41 
 
 to support the Constitution, by whom taken. Art. YI, cl. 3.70 
 Officers of the U. S. not to receive presents. Art. I, sec. 9, cl. 8.. 41 
 
 P. 
 
 People of the United States. The meaning of explained. Note... G 
 
 reiition cf right. Amend. Art. I 7G 
 
 Powers, not delegated. Amend. Art. X 90 
 
 President, when commander-in-chief of the army, &c. Art. II, 
 sec 2, cl, 1 4G 
 
 President's powers. Art. II, sec. 2, cl. 2 51 
 
 Private property. Amend. Art. V , 8i 
 
 Q. 
 
 Qualifications of representatives. Art. I, sec. 2, cl. 2 10 
 
 of a Senator. Art. I, sec. 3, cl. 3 14 
 
 of President. Art. II, sec. 1, cl. 4 45 
 
 of Vice-President. Amend. Art. XII. 93 
 
 Quorum. Art. I, sec. 5, cl. 1 16 
 
 E. 
 
 liepresentatives and direct taxes. Art. I, sec. 2, cl. 3 10 
 
 Republican form cf government guaranteed to every State. Art. 
 IV, sec. 4 65 
 
 Keligious tests not allowed. Art. YI, cl. 3 70 
 
 Ratification of the Constitution. Art. YII 72 
 
 Revenue bills. Art. I, sec. 7, cl. 1 15 
 
 Right of Petition. Amend. Art. 1 70 
 
 Right of search and seizure. Amend. Art. IV 83 
 
 Right of trial by jury. Amend. Art. I 88 
 
 Rule of construction. Amend. Art. IX 89 
 
YH. 
 
 s. 
 
 P4GB. 
 
 Senate, has sole power to try impeachment. Art. I, sec. 3, d. C.l'f 
 
 Senators, how, and by whom chosen. Art. I, sec. 3, cl. 1 12 
 
 temporary vacancies filled, Art. I, sec. 3, cl. 2 i4 
 
 Soldiers. Amend. Art. Ill 82 
 
 States to be protected from invasion. Art. IV, sec. 4 65- 
 
 States, new admitted into the Union, Art. IV, sec. 3, cl. 1 64 
 
 Supremacy of the constitution, &c. Art. VI, cl. 2 69 
 
 T. 
 
 Taxes, power Congress to lay. Art. I, sec. 8, ol. 1 21 
 
 how apportioned. Art. T, sec. 9, cl. 4 39 
 
 Treason, definition of. Art. Ill, sec. 3, cl. 1 58 
 
 punishment of, Art. Ill, sec. 3, cl. 2 59 
 
 Treasmy. Art. I, sec. 10, cl. 2 42 
 
 money drawn from. Art. I, sec. 9, cl. 7 31 
 
 Treaty-making power. Art. U, sec. 2, cl. 2 51 
 
 u. 
 
 Union — ^why formed. Pream .,, B 
 
 V. 
 
 Vacancies in the House. Art. I, sec. 2, cl. 4 ^ . . 11 
 
 in the Senate. Art. I, sec. 3, cl. 2 14 
 
 which President may fill. Art. II, sec. 2, cl. 3 
 
 in ofiice of President, &c. Art. II, sec. 1, cl. 5 46 
 
 Veto. Art. I, sec. 7, cl. 2 20 
 
 Vice President ; how chosen. Amend. Art. XII, cl, 2 24 
 
vni. 
 
 PAGE- 
 
 Witness, no person compelled to be against himself. Amend. 
 
 Art. V 8 
 
 accused allowed. Amend. Art. V 86 
 
 Y. 
 
 Yeas and Nays to be entered on journal. Art, I, sec. 5, el. 3 17 
 
 to be taken on all bills returned by President. Art. I, sec. 
 7, cl. 2 20 
 
OR, 
 
 HUMOUS OF TIN OLli: ^BE. 
 
 " That reminds me of a Little Story." 
 
 BY ANDEEW ADDERUP, SPEINGFIELD, ILL. 
 
 CONTENTS. 
 
 Involuntary Black Republican 
 
 Wiong 1 ig by the ear. 
 
 WUore docs Old Abe Lincoln livef 
 
 Too Literal Obrdirnce. 
 
 Kow Uncle Abo felt. 
 
 P. P. P. 
 
 P>iiltancd for a rat joke. 
 
 flute House struck with Whiggery. 
 
 Graphic, but Iriic. 
 
 A Judge (if the Post Office. 
 
 I'm an Indcrlid. 
 
 Ihiw Abe got his Pohriquet. 
 
 I'll take No. 11 loo. 
 
 A 8evcre Retort. 
 
 Had all the Time there was. 
 
 Coiihl stand it for a Day or Two. 
 
 Not the worst of it. 
 
 Accoutred en Militnire. 
 
 Couldn't nialvc a ■ rcgidrntial chair. 
 
 Coul tn't see it in that Light. 
 
 Too tough for the Rcbcl.s. 
 
 JLtc helped by au Illustration. 
 
 Au Acre of Fight 
 
 Ihicle Abe vs. Uypters. 
 
 Ksryplian Snake Story. 
 
 Why Abe made a Biigadier. 
 
 Uncle Abe puzzled. 
 
 Uncle Abe divided on a question. 
 
 Tried for scaring the girls. 
 
 Thank God for the S^ucscngcrs. 
 
 Wasn't murder alter all. 
 
 Joe Heed's Mule hunt. 
 
 Has no influence with the AdmluiBtration. 
 
 A Touching Inci<leut. 
 
 A Lincoln Man Ducked. 
 
 A comparison. 
 
 Thcru's enongh for all. 
 
 Waking a Pre.si.Unt. 
 
 I i;cie Abe boss of the Cabinet. 
 
 Uncle Piter Cartwright's Wonder. 
 
 Uncle Ah: a Slmkspcrian. 
 
 Tho rnniing sickness. 
 
 IIow to gi't rid of rats. 
 
 A palpable application. 
 
 Uuclc Abe ou the Whisky Question. 
 
 Fdwards vs. Liccoln. 
 
 Mctalic Ring. 
 
 A Gratclul Pnst-Master. 
 
 A Serious Joko. 
 
 Fix the dote. 
 
 A Rival to Uncle Abo. 
 
 Uncle Abe"s estimate of the Senate. 
 
 Mu.'^t be good for sometUiug. 
 
 Aptly said. 
 
 Linkunis sold cheap. 
 
 Uncle Abe as a pilot. 
 
 Uncle Abe's Valentino. 
 
 My Mary Ann. 
 
 Uncle Abe's Honor. 
 
 Smoke that. • " 
 
 A ^ nllicient Reason. 
 
 Too Deep. 
 
 Uncle Abe's first .'Speech. 
 
 Uncle Abe's spelling. 
 
 A soldiers theory of tho War. 
 
 Nigger Mathematics. 
 
 A Ilandy Faculty. 
 
 Uncle Abe on time. 
 
 A story that has no reminder, 
 
 " Has it gin Out." 
 
 Uncle Abe. 
 
 Uncle Abe goes into Partnership. 
 
 A Dry Drop. 
 
 Uncle Abe as a Physiogomist. 
 
 Concrete vs. Abstract. 
 
 Uncle Abe passing counterfeit money. 
 
 Abe when a hoy. 
 
 A man of means. 
 
 Uncle Abe School Superintendent. 
 
 Value of a Rcputatioa. 
 
 P'idn't like the name. 
 
 Take away the fowls. 
 
 Uncle ibe well fed. 
 
 Hit at Antictam. 
 
 A Poor Crop. 
 
 Handy in case of emergencica. 
 
 Value of a reputation. 
 
 Uncle Abe's Good Bye. 
 
 Uncle Abe's last. 
 
 l£nio., Ulustrated, 100 Pages. P-per 25 Cents; Cloth 50 Cents. 
 Jor sal© by all Booksellers and Newsdealers. Address : 
 
 J. F. FEEKS, Publisher, 26 Ann St., N. Y. 
 
THE 
 
 WASHINGTON DESPOTISM 
 
 dissectkd/ 
 
 IN ARTICLES FROM THE 
 
 METROPOLITAN RECORD. 
 
 COiTTE2>TTS- 
 
 Tbe United States Converted into a Militarjr Despotism— — Can a 
 
 Disunion AdniintBtration Restore tlie Union f A Great Statesman 
 
 Speaking to tlie People Grounds of Impeachment of tlie President 
 
 — Tlio Directs^ of Abolitionism What is a Loyal leaguer ?— — 
 
 Grand Patriotic Demonstration Some Plain Talk " Nobody's 
 
 Hart " Peace I Model Resolntions for the liOyal Ijeaaruers— 
 
 What the War is carried on for A New Joke— Is it the President's 
 
 Tlie Abolition Policy of the Administration, and irhat it has 
 
 Accomplished The Statesman of the Revolntion on the Right of 
 
 Coercion The Sovereignty of the States The Northern Plagne— — 
 
 The liCtter of Governor Seymonr— A Poland In the United State€^— ~ 
 
 The Future" Which Is the most Humiliating— Peace or War f Tlie 
 
 Conscription The Administration Telegraph ; or Hew it Is Done* 
 
 134 PAGES. PRICE 25 CENTS. 
 
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OR, 
 
 HUJMOHS OF TJNCLli: ^BE. 
 
 " That reminds me of a Little Story." 
 
 BY ANDREW ADDERUP, SPRINGFIELD, ILL. 
 
 CONTENTS. 
 
 Involuntary Black Republican 
 
 Wrong I'ig by the ear. 
 
 Wlicre docs Old Abe I.inculu live? 
 
 Too Literal ((bedioncc. 
 
 How Uncle Abe felt. 
 
 P.P. P. 
 
 Rattaned for a rat joke. 
 
 State House struck with Wliiggery. 
 
 (Jra|)liic, but true. 
 
 A .ludgo of tlu' Post Office. 
 
 I'm an Indcrlid. 
 
 How Abe got his Sobriquet. 
 
 I'll take No. 11 too. 
 
 A .Severe Relrtrt. 
 
 H<id all Wm: Time there was. 
 
 Could stand it tor a Day or Two. 
 
 Not the worst of it. 
 
 Accoutred en Militaire. 
 
 t'ouldu't make a Pre.sidenlial chair. 
 
 t^oHldu't see it in that Light, 
 
 Too tough for the Kebels. 
 
 Mac helped by au Illustration. 
 
 An Acre of Kight. 
 
 Ilude Alie vs. ttysters. 
 
 Egyptian Snake Story. 
 
 Why Abo made a Brigadier. 
 
 Uncle Abe puzzled. 
 
 Undo Abe divided on a qnestion. 
 
 Tried for .scaring the girls. 
 
 Thank God lor the Sassengers. 
 
 Wasu'l murder alter all. 
 
 Joe Keed's Mule hunt. 
 
 Has no influence with the Aduiiuistration. 
 
 A Touching Incident. 
 
 A Lincoln Man Ducked, 
 
 A comparison. 
 
 There's enough for all. 
 
 Waking a President. 
 
 Unelt' Abe boss ol ilie Cabinet. 
 
 Uuclc; Peter Cartwi ight's Wonder. 
 
 Uncle Abe a Shaksiierlan. 
 
 Till- ruiiuini" sickness. 
 
 How t'l gel rid of rats. 
 
 A palpable application. 
 
 Uuclu Abe on the Whisky Question. 
 
 Edwards vs. Lincoln. 
 Metalic Ring. 
 A Grateful Post- Master. 
 A Serious Joke. 
 Fi.\ the date. 
 A Rival to Uncle Abe. 
 Uncle Abe's estimate of the Senate. 
 Must be good for something. 
 Aptly saiil. 
 Linkums sold cheap. 
 Uncle Abe as a pilot. 
 Uncle Abe's Valentine. 
 My Mary Ann. 
 Uncle Abe's Honor. * 
 Smoke that. 
 A !-uni(^ient Reason. 
 Too Deep. 
 
 Uncle Abe's first Speech. 
 Uncle Abe's spelling. 
 A soldiers theory of the War. 
 Nigger Matbematlcs. 
 A Haudy Faculty. 
 Uncle Abe on time. 
 A story that has no reminder. 
 " Has it gin out." 
 Uncle Abe. 
 
 Uncle Abe goes into Parlner.ship. 
 A Dry Drop. 
 
 , Uncle Abe as a Physiogomist. 
 Concrete vs. Abstract. ' 
 Uncle Abe passing counterfeit money. 
 Abe when a hoy. 
 A man of means. 
 
 Uncle Abo .^chool Superintendent. 
 Value of a Reputation. 
 Didn't like the name. 
 Take away the fowls. 
 Uncle Abe well fed. 
 Hit at Antietam. 
 A Poor Cro|). 
 
 Handy in ca.se of emergencies. 
 Value of a reputation. 
 Uncle Abe's Good Bye. 
 Uncle Abe's last. 
 
 12mo., Illustrated, 100 Pages. P^per 25 Cents; Cloth 60 Cents. 
 For btile by all Booksellers and Xcwsdealera. Address: 
 
 J. F. FEEKS, Publisher, 26 Ann St., N. Y. 
 
k'l 
 

 
 
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