A LEGAL TENDER DURING PEACE.

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stated appears to be that since it is the right and duty of Congress to create a currency, in view of the numerous functions which cannot be fulfilled without such aid, the bills of credit emitted under the power to contract loans, may be converted into lawful money by rendering them a legal tender by virtue of the sovereignty which belongs to the United States within the scope of the enumerated powers as fully as to any government on earth. So read, the judg ment avoids the alarming proposition that Congress may levy forced loans, and rests on the implied right to create the currency, which is as essential to the functions of the government as the circulation of the blood is to the human frame. As counsel justly observed in arguing against the validity of the Legal Tender Acts, "the government of the United States has no inherent sovereignty, but only such sovereign powers as are delegated to it by a written Constitution, which carefully and expressly declared that all powers not conferred by that instrument were reserved to the State and the people." 2 But it is also true that the powers so delegated are sovereign within their scope, and imply the right to use every means that is incident to sovereignty, and proper for carrying it into effect. This is not merely inferential. "Sovereignty" is simply an expressive term for "supreme; " and it is expressly declared that "the Constitution of the United States, the laws made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States," shall be the supreme law of the land. "The power which can create the supreme law of the land in any case is doubtless sovereign as to such case.

1 See ante, p. 95.

2 Juillard v. Greenman, 110 U. S. 421, 435.

8 Hamilton's Works, vol. iii. p. 182. New York and London, 1885. "It appears to the Secretary of the Treasury that this general principle is inherent in the very definition of government, and essential to every step of the progress to be made by that of the United States, viz., that every power vested in a government is in its nature sovereign, and includes, by force of the term, a right to employ all the means requisite and fairly applicable to the attainment of the ends of such power which are not precluded by restrictions and exceptions specified in the Constitu

tion, or not immoral, or not contrary to the essential of political society. This principle, in its application to government in general, would be admitted as an axiom; and it will be incumbent upon those who may incline to deny it to prove a distinction, and to show that a rule which, in the general system of things, is essential to the preservation of the social order is inapplicable to the United States. The circumstances that the powers of sovereignty are in this country divided between the national and State governments does not afford the distinction required. It does not follow from this that each of the portion of powers delegated to the one or the other is not sovereign with regard to its proper objects. It will only follow from it that each has sovereign power as to certain things, and not as to other things. To deny that the government of the United States has sovereign power as to its declared purposes and trusts, because its power does not extend to all cases, would be equally to deny that the State governments have sovereign power in any case because their power does not extend to every case. The tenth section of the First Article of the Constitution exhibits a long list of very important things which they may not do. And thus the United States would furnish the singular spectacle of a political society without sovereignty, or of a people governed without government. If it would be necessary to bring proof of a proposition so clear as that which affirms that the powers of the federal government as to its objects were sovereign, there is a clause of its Constitution which would be decisive. It is that which declares that the Constitution and the laws of the United States made in pursuance of it, and all treaties made or which shall be made under their authority, shall be the supreme law of the land. The power which can create the 'supreme law of the land' in any case, is doubtless sovereign as to such case." Opinion as to the Constitutionality of the Bank of the United States, Hamilton's Works, vol. iii. p. 183.

ARTICLES OF CONFEDERATION

AND perpetual union between the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

ARTICLE I. The style of this Confederacy shall be, "THE UNITED STATES OF AMERICA."

ARTICLE II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States in Congress assembled.

ARTICLE III. The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare; binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.

ARTICLE IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this Union, the free inhabitants of each of these states, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state; and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively; provided, that such restriction shall not extend so far as to prevent the removal of property imported into any state to any other state, of which the owner is an inhabitant; provided also, that no imposition, duties, or restriction shall he laid by any state on the property of the United States, or either of them.

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ARTICLES OF CONFEDERATION.

If any person guilty of, or charged with treason, felony, or other high misdemeanor, in any state, shall flee from justice, and be found in any of the United States, he shall, upon demand of the governor or executive power of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence.

Full faith and credit shall be given in each of these states to the records, acts, and judicial proceedings of the courts and magistrates of every other state.

ARTICLE V. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state to recall its delegates, or any of them, at any time within the year, and send others in their stead for the remainder of the year.

No state shall be represented in Congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years, in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receives any salary, fees, or emolument of any kind.

Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the

states.

In determining questions in the United States in Congress assembled, each state shall have one vote.

Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress; and the members of Congress shall be protected in their persons from arrests and imprisonment during the time of their going to, and from, and attending on Congress, except for treason, felony, or breach of the peace.

ARTICLE VI. No state, without the consent of the United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance, or treaty with any king, prince, or state; nor shall any person, holding any office of profit or trust under the United States, or any

ARTICLES OF CONFEDERATION.

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of them, accept of any present, emolument, office, or title of any kind whatever from any king, prince, or foreign state; nor shall the United States in Congress assembled, or any of them, grant any title of nobility.

No two or more states shall enter into any treaty, confederation, or alliance whatever between them, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

No state shall lay any imposts or duties, which may interfere with any stipulations in treaties entered into by the United States in Congress assembled with any king, prince, or state, in pursuance of any treaties already proposed by Congress to the Courts of France and Spain.

No vessels of war shall be kept up, in time of peace, by any state, except such number only as shall be deemed necessary, by the United States in Congress assembled, for the defence of such state or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only as, in the judg ment of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state but every state shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutred; and shall provide and constantly have ready for use, in public stores, a due number ot field-pieces and tents, and a proper quantity of arms, ammunition, and camp equipage.

No state shall engage in any war, without the consent of the United States in Congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay till the United States in Congress assembled can be consulted; nor shall any state grant commissions to any ship or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled; and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled,