are met, one half by appropriation from the national treasury, and the other half by assessment upon the taxable property of the district.

CLAUSE 18. "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, aud all other powers vested by this constitution in the government of the United States, or in any department or officer thereof."

This clause is what Patrick Henry called "the sweeping clause," by which, as he thought, congress was to overthrow the states. Great opposition to this clause was manifested by the state-rights party during the time in which the constitution was under discussion by the people and by state conventions prior to its adoption.

Nothing is plainer than that the government has under this constitution full national powers, and is limited only by the restrictions imposed by the constitution itself. Judge Story says: "It would be almost impracticable, if it were not useless, to enumerate the various instances in which congress, in the progress of the government, has made use of incidental and implied means to execute its powers. They are almost infinitely varied in their ramifications and details."

Chief Justice Marshall says: "A power vested carries with it all those incidental powers which are necessary to its complete and efficient execution."

This principle has been acted upon by the general government from 1789 to the present day.

Dr. I. W. Andrews says: "Nothing is plainer than that the constitution was intended to vest in the general government all the powers which properly belong to such a government, and so it has been understood from

the beginning. The affairs of the nation could not be carried on a single year if no laws were enacted but such as are specifically provided for in the constitution." It is well known that the most remarkable powers which have been exercised by the government were the purchase of Louisiana in 1803, and the laying of an unlimited embargo in 1807. These measures were brought forward, says Judge Story, "and supported and carried by the known and avowed friends of strict construction. They were driven to the adoption of the doctrine that the right to acquire territory was incident to national sovereignty; that it was a resulting power, growing out of the aggregate powers confided by the constitution; that the appropriation might justly be vindicated on the grounds that it was for the common defence and the general welfare."

CHAPTER VII.

RESTRICTIONS UPON THE NATIONAL GOVERNMENT.

SECTION 9, CLAUSE I. "The migration or importation of such persons as any of the states now existing shall think proper 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 each person.”

The first clause of this section contains one of those compromises which seemed necessary in order to make any constitution at all. At the beginning of the Revolution the general sentiment of the country was opposed to slavery. This sentiment had so far changed in the southern section of the union, at the time the constitution was formed, that the leading men of these states jealously guarded their peculiar domestic institution.

This clause provides that the congress shall not prohibit the importation of slaves, prior to the year 1808. The very fact that such a clause is introduced tends to show that without this specific clause congress might be deemed to have the power to prohibit the slave trade, although there is no clause in the eighth section granting them such power. The words slave and slavery do not appear in the constitution. The expression here used is: "The migration and importation of such persons as any of the states now existing shall think proper to admit."

On the 1st of January, 1808, an act of congress, previously passed, went into effect, imposing heavy penalties upon persons engaged in the slave trade. In 1820 by an act of congress the slave trade was declared to be "piracy," to be punished with death. From that time the slave trade, that is, the importation of slaves from foreign countries, has diminished, and the public sentiment of the country and of the world has set more and more strongly against the barbarous system of human slavery. Happily our nation is now freed from this curse. It should be observed that when this constitution was formed, no one of the nations of the world had abolished the slave trade. Yet at that time ten of the thirteen states had prohibited the importation of slaves. The three states which still clung to this custom were North and South Carolina, and Georgia. In the federal convention these states insisted upon a provision being inserted in the constitution for the admission of slaves, at least for a limited period.

Dr. Andrews, in his "Manual of the Constitution," gives the following summary of the action taken by our national government from time to time upon slavery: "In 1787 the continental congress passed an 'Ordinance for the government of the territory of the United States northwest of the Ohio,' which provided that in that territory there should 'be neither slavery nor involuntary servitude, otherwise than in punishment of crimes.'

"The slave trade to foreign countries was prohibited in 1794.

"The importation of slaves was prohibited in 1807, the law to take effect Jan. 1, 1808.

"In 1820 the slave trade was declared to be a piracy, to be punished with death.

Slavery was abolished in the District of Columbia, by an act of congress, in 1862, and in the territories the

same year.

"The president's first proclamation as to emancipation of slaves in the rebel states, was issued Sept. 22, 1862. The second proclamation emancipating them, is dated Jan. 1, 1863. The coastwise slave trade was forever prohibited by an act of July 2, 1864.

“The thirteenth amendment to the constitution abolishing slavery throughout the United States, and all places subject to their jurisdiction, was proposed to the legislatures of the states by congress, Feb. 1, 1865, and was ratified Dec. 18, 1865."

The next clause (clause 2) provides that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion public safety may require it," in which case it is suspended by congress or by the president, who must have been previously authorized by act of congress to suspend it.

"No bill of attainder, or ex post facto law

CLAUSE 3. shall be passed."

The bill of attainder is an old English custom, by which a person could be punished by death, or otherwise, by a legislative act without a judicial trial.

An ex post facto law is one which makes an act criminal, which was not criminal when committed. In other words, it is a law passed subsequent to the commission of an act, applying a penalty to the act previously committed. So, also, the law that provides for a greater