Tonnage duty.-When a vessel, as an instrument of commerce, is required to pay a duty as a condition to her entry or departure, loading or unloading, either on her tonnage or property, or as a license, it is a duty on tonnage under this prohibition.1 A tax levied on a vessel irrespective of its value as property, and solely and exclusively on the basis of its tonnage, is a duty on tonnage ;2 but taxes laid on vessels as property of the State at her home-port are valid, although registered and enrolled by the United States.4 So, the assessment of a vessel in its own city for a city tax is not a duty on tonnage.5 A State law requiring vessels to pay a fee for pilotage is valid. A charge for services rendered or conveniences provided is in no sense a tax or duty. So, a statute allowing fees to harbor-masters for assigning vessels to their berths is not a tonnage duty, although the fees are ascertained by the burden or tonnage ; but a law allowing fees, whether to port-wardens or harbor-masters, whether rendering services or not, is a duty on tonnage. A State may legislate as to wharfage, 10 and regulate the compensation. Wharfage charges are not a duty on tonnage,12 whether the wharf be built by the State, a municipal corporation, or a private individual;13 but where a statute discriminates as to products of other States, it is unconstitutional, 14 A tax due from all vessels arriving and stopping, or departing, and not merely for the use of the wharf, is inhibited. 15 Neither the State nor a municipal corporation can impose a tax on tonnage under cover of a law ostensibly passed to collect wharfage. 16 A city may exact and receive a reasonable compensation for the use of artificial improvements. And an ordinance regulating the charge for wharfage may be enforced unless beyond the limits of a just compensation. 18 See post, 312,

1 Gibbons v. Ogden, 9 Wheat. 1; Passenger Cases, 7 How. 283; Steamship Co. v. Port Wardens, 6 Wall. 31; State Tonnage Tax Cases, 12 Wall. 204; Cannon v. New Orleans, 20 Wall. 577; 27 La. Ann. 16.

2 State Ton. Tax Cases, 12 Wall. 204.

3 State Ton. Tax Cases, 12 Wall. 212; Passenger Cases, 7 How. 283; Lott v. Mobile T. Co. 42 Ala. 578; Lott v. Cox, 43 Ala. 697; Morgan v. Parham, 16 Wall. 472.

4 Lott v. Mobile T. Co. 42 Ala. 578; Lott v. Cox, 43 Ibid. 697.

5 The North Cape, 6 Biss. 505.

6 Cooley v. Port Wardens, 12 How. 29; Baker v. Wise, 16 Gratt. 139.

7 Keokuk N. P. Co. v. Keokuk, 10 Chic. L. N. 91; 5 Cent. L. J. 504.

8 State v. Charleston. 4 Rich. 286; Benedict v. Vanderbilt, 1 Robt. 194; Port Wardens v. The Martha J. Ward, 14 La. Ann. 289; Master v. Prats, 10 Rob. La. 459.

9 Southern Steamship Co. v. Port Wardens, 6 Wall. 31; Inman S. S. Co. v. Tinker, 94 U. S. 28; Hackley v. Geraghty, 34 N. J. 332; Sheffields v. Parsons, 3 Stew. & P. 302; Alexander_v. Railroad Co. 3 Strob. 594. But see City v. The Nautilus, 8 Int. Rev. Rec. 91; Port Wardens v. The Martha J. Ward, 14 La. An. 289; Port Wardens v. The Charles Morgan, Ibid. 595.

10 The Ann Ryan, 7 Ben. 20.

11 Cannon v. New Orleans, 20 Wall. 577.

12 Cooley v. Port Wardens, 12 How. 299; Packet Co. v. Keokuk, 95 U. S. 84; 10 Ch. L. N. 91; 5 Cent. L. J. 504; Cannon v. New Orleans, 20 Wall. 577; Sterrett v. Houston, 14 Tex. 166; Municipality v. Pease, 2 La. Ann. 538; The Ann Ryan, 7 Ben. 20.

13 Packet Co. v. Keokuk, 95 U. S. 84: 10 Ch. L. N. 91; 5 Cent. L. J. 501; Cannon v. New Orleans, 20 Wall. 577.

14 Wharf Case, 3 Bland, 361.

15 Cannon v. New Orleans, 20 Wall. 577; Northwestern U. P. Co. v. St. Paul, 3 Dill. 454; 7 Ch. L. N. 331.

16 Packet Co. v. Keokuk, 95 U. S. 84; 10 Ch. L. N. 91; 5 Cent. L. J. 504; State Ton. Tax Cas. 12 Wheat. 219; Alexander v. Railroad Co. 3 Strob. 594.

17 Northwestern U. P. Co. v. St. Louis, 4 Dill. 10; 7 Ch. L. N. 331; Cannon v. New Orleans, 20 Wall. 577; Worsley v. Municipality, 9 Rob. La. 324; Packet Co. v. Keokuk, 95 U. S. 84; 10 Ch. L. N. 91; 5 Cent. L. J. 504.

18 Packet Co. v. Keokuk, 95 U. S.84; 10 Ch. L. N. 91; 5 Cent. L. J. 504.

Agreements or compacts.-The right and duty to protect the interests of the States is vested in the General Government.1 The term agreement" includes every agreement, verbal or written, formal or informal, positive or implied, with each other or with foreign powers.2 Such agreement or compact as is in its nature political, or which may conflict with the powers delegated to the General Government, as on the question of boundary between States, or the delivery up of fugitives,5 cannot operate as a restriction upon the powers of Congress under the Constitution. The prohibition is political, and has no reference to contracts or to the grant of a franchise. The agreement between corporations chartered by different States, to unite, is not an agreement or compact between States. The mode or form in which the consent of Congress is to be signified, is left to the discretion of that body. It need not be given in advance, but may be implied from legislation. A compact made with consent of Congress is binding on the States entering into the agreement.10 The confederation of the Southern States was in direct violation of this clause.11 See Supplement, post, 312.

1 Florida v. Georgia, 17 How. 478.

2 Holmes v. Jennison, 14 Peters, 540.

3 Union R. R. Co. v. East Tenn. R. R. Co. 14 Ga. 327.

4 Florida v. Georgia, 17 How. 478.

DESTY FED. CON.-17.

5 Holmes v. Jennison, 14 Peters, 574; 3 Op. Atty. Gen. 661.

6 Wilson v. Mason, 1 Cranch, 45; Pennsylvania v. Wheeling &c. Br. Co. 18 How. 421.

7 Union Branch R. R. Co. v. East Tenn. & G. R. R. Co. 14 Ga. 327.

8 Dover v. Portsmouth Bridge, 17 N. H. 200.

9 Green v. Biddle, 8 Wheat 1; Virginia v. West Virginia, 11 Wall59; Canal Co. v. Railroad Co. 4 Gill & J. 1.

10 Poole v. Fleeger, 11 Peters, 185.

11 In re Milner, 1 Bank. Reg. 107.

ARTICLE II.

EXECUTIVE DEPARTMENT.

SECTION 1.

Powers of Executive.

1. President and Vice-President. Terms of.
2. Electors.

3. Manner of choosing President by electors.
4. Time of choosing electors.

5. President's qualifications.

6. Vacancy in office of.

7. Salary.

8. Oath.

Sec. 1. 1 The 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 follows:

Executive power. The President is invested with certain political powers, in the exercise of which he may use his discretion, which is beyond the control of the judiciary.1 As far as his powers are derived from the Constitution, he is beyond the reach of any other department, except in the mode prescribed-through the impeaching power.2 He is exempt from the writ of habeas corpus.3 He is authorized to appoint certain officers in the executive departments, the discharge of whose duties is under his direction.4 Congress may authorize the President to restrict or regulate the introduction of merchandise into a territory under such penalties as Congress may prescribe; but he has no common-law prerogative to

interdict commercial intercourse with any nation, or revive any act whose operation has expired. So, Congress may authorize the President, during a certain period, to suspend the writ of habeas corpus when, in his judg ment, the public safety requires it.7 If the President assumes powers which should have the authority or sanction of Congress, a ratification cures the defect.8 Congress may impose on any executive officer any duty which is not repugnant to any right which is secured and protected by the Constitution.9

1 Marbury Madison, 1 Cranch, 165.

2 Kendall v. U. S. 12 Peters, 524; 5 Cranch C. C. 163; In re Keeler, Hemp. 306.

3 In re Keeler, Hemp. 306.

4 Marbury v. Madison, 1 Cranch, 165; Kendall v. U. S. 12 Peters, 524; 5 Cranch C. C. 163.

5 The Louisa Simpson, 2 Sawy. 57; U. S. v. The Francis Hatch, 13 Am. Law Reg. 289.

6 The Orono, 1 Gall. 137.

7 McCall v. McDowell, Deady, 233; 1 Abb. U. S. 212; In re Oliver, 17 Wis. 681.

8 Prize Cases, 2 Flack, 635.

9 Marbury v. Madison, 1 Cranch, 137; Kendall v. U. S. 12 Peters, 524; 5 Cranch C. C. 163.

2 Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

Electors, choice of.-A State law directing the manner of appointment of electors has its authority solely from the Constitution.1 The disqualification of the person having the highest number of votes does not have the effect of electing the minority candidate; 2 such disquali fication cannot be removed by resignation, unless the resignation takes place before the election. The office of Commissioner of the United States Centennial Commission is an office of trust. A person disqualified as an elector by holding "office of trust or profit" under the United States, cannot remove the disqualification by resignation unless it precedes his appointment as elector.

1 Ex parte Hayne, 1 Hughes, 571.

2 In re Corliss, 11 R. I. 638; 16 Am. Law Reg. 15.

See Supplement, post, 313.

8 [The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately 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 representation from each State having one vote; a quorum for this purpose shall consist of a mem ber 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 the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the VicePresident.]

Superseded by XIIth Amendment, post.

The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

5 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 eligible 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 a resident within the United States.

In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vic President, and the Congress may by law provide for the cas of removal, death, resignation, or inability, both of the Pres