freely ceded for one of the purposes specified in the forego. ing clause of the constitution. When a place has been purchased by the United States for the erection of a fort, with the consent of a state, the jurisdiction of the state ceases therein, and the inhabitants of such place cannot exercise within it any civil or political privileges under the laws of the state, as they are not subject to such laws, nor bound to pay taxes imposed by their authority.

CHAPTER XVIII.

General Power to make all Necessary Laws.

418. Congress shall have power, "To make all laws "which shall be necessary and proper for carrying into exe"cution the foregoing powers, and all other powers vested by this constitution in the government of the United States, any department or officer thereof."-Art. 1, sec. 8,

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or in

cl. 18.

§ 419. Without such a power, many of the powers expressly delegated could never be carried into effect. It is impossible, in an instrument of this kind, to descend to all the minute details of legislation. As it could not be foreseen what subjects would require the action of congress in all future time, an express enumeration of all necessary powers would have been attempted in vain. Under the confederation, congress could exercise no powers but such as were "expressly delegated." This was one of the principal defects of that instrument, which led to its abolition. It was deemed expedient, therefore, to adopt a clause which would furnish à rule of interpreting the constitution in such manner as to avoid the embarrassments which congress had experienced.

§418. What general power of making laws is granted to congress? § 419. Why is such a power necessary? Did it exist under the confederation? § 420. Was an express grant necessary to authorize the

420. Although this explicit declaration was needful in order to remove the scruples of those who might think the powers of the national government extended only to those which were expressly granted, it is alleged that "the power to make all necessary and proper laws" to carry the general powers into effect, might be constitutionally exercised without an express declaration of this power. Before the constitution was adopted by the states, this clause was vehemently declaimed against, as granting powers almost unlimited. In vindicating this clause it was maintained, that the declaration of this power was not necessary to its creation, for its existence was implied. Said Mr. Madison on this point, "No axiom is more clearly established in law or in reason, than that wherever the end is required, the means are authorized; wherever a general power to do a thing is given, every particular power necessary for doing it is included."

§ 421. In pursuance of this general power to make all necessary laws, congress has exercised the power to inflict punishment in cases not specified in the constitution; to exact an oath of office, in addition to the oath of fidelity to the constitution; to punish larceny of letters from the post office, or the robbery of the mail; to construct break-waters and light-houses, and remove obstructions in navigable rivers, under the power "to regulate commerce:" Also to secure to the United States priority of payment from the effects of insolvent debtors. Congress has enacted, that in all cases in which the estate of any deceased debtor shall not be suf ficient to pay all his debts, or in which any revenue officer or other person, becoming indebted by bond or otherwise, shall become insolvent, the debt due to the United States shall be first satisfied. The powers exercised in the cases above enumerated, and in innumerable others, are implied in the powers expressly granted; and they might have been exercised without the general grant to pass all necessary. and proper laws to carry the expressed powers into

effect.

§ 422. Under the power to make all laws necessary to carry into execution the powers of the government, con

exercise of this power? § 421, 422. What laws have been enacted

gress has exercised the power to create corporations. This power was exerised by the first congress under the constitution, by the passing of the act incorporating a national bank, in 1791; and subsequently, in 1816, by the incorporation of a new bank, after the charter of the first was expired.

423. The constitutionality of this power has, however, been questioned; and its exercise in this instance has met with much opposition in congress. Although the opinion. of the supreme court has been repeatedly expressed in accordance to that of a majority of congress, the question is not settled. It has undergone much discussion and investigation, both in congress and among the people at large; but a wide difference of opinion on the subject still prevails. Bills for renewal and incorporation have received the executive veto under different administrations. And the advocates of this power admit, that, in order to justify its exer: cise in the creation of a bank, such a corporation must be deemed essential in carrying into effect some power vested in the general government.

§ 424. Under the power to establish post offices and post roads, and the power to raise money for providing for the general welfare, together with the power to pass all laws necessary and proper for carrying into execution the powers of government expressly authorized, congress has, at dif ferent times, appropriated funds for internal improvements, by means of roads and canals. But this power also has been disputed; and several presidents have denied the power of congress to pass bills for objects of this kind, and have withheld their sanction from such bills.

§ 425. But the power to lay out, construct, and improve military and post roads, and to cut canals through the states, with their consent, for promoting internal commerce, and for the more safe and economical transportation of troops and military stores in time of war, is pretty generally conceded to congress. And the right to appropriate money for

in pursuance of implied powers? 423. Was the constitutionality of the bank universally admitted? § 424, 425. Under what powers have internal improvements been made? When is the making of them constitutional?

improvements which are not of a local or state character, but are of such general importance as to give them a national character, is admitted by those even who profess to be in favor of a strict construction of the constitution.

§426. There are several other powers granted to congress in other sections of the constitution, which might require examination here; but to preserve the regular connexion of its several provisions, the clauses conferring these powers will be considered in the order in which they severally occur.

CHAPTER XIX.

Restrictions on the Powers of Congress.

§ 427. "THE migration or importation of such persons 66 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."-Art. 1, sec. 9, cl. 1.

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§ 428. This clause has reference to the slave trade, which was carried on extensively by citizens of the United States when the constitution was framed. The southern states were in favor of a clause' allowing to each state the right to continue the importation of slaves during its pleasure. It would probably have been impossible to procure the rati fication of the constitution by the number of states required for its establishment, without conceding to the states the right of continuing the traffic in slaves for a period of time. In allowing the traffic, however, for a specified period, its abolition at the expiration of that period seems to have been contemplated. Laws have accordingly been passed. from time to time, for the suppression of the foreign slave trade. (§ 382, 383.)

§ 427. What is provided concerning the persons? § 428. What was the object of thi

§ 429. It is indeed to be regretted, that the great charter of American liberty has ever sanctioned this traffic in human beings; and it is remarkable that a provision of this character should have been adopted by those who had declared it to be a self-evident truth," that all men are created free and equal, and endowed by their Creator with the unalienable rights of life, liberty, and the pursuit of happiness." But it affords cause for gratulation, that measures were so promptly taken to abolish the foreign slave trade at the earliest period permitted by the constitution.

§ 430. "The privilege of the writ of habeas corpus shall "not be suspended, unless when, in cases of rebellion or "invasion, the public safety may require it."-Art. 1, sec. 9, cl. 2.

§ 431. Habeas corpus, (Latin,) signifies have the body, If a person has been illegally deprived of his liberty, he may petition a court or judge, who issues a writ, commanding the party imprisoning or detaining him, to produce his body and the cause of his detention, before the judge or court. If, upon inquiry, the imprisonment shall be found to have been illegal, relief is granted. The privilege of this writ was deemed too important not to be secured by the constitution of a free people.

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§ 432. "No bill of attainder or ex post facto law shall be 'passed."-Art. 1, sec. 9, cl. 3.

§ 433. Bills of attainder are acts of a legislature, by which capital punishments are inflicted upon persons pronounced guilty, without trial or conviction in the ordinary course of judicial proceedings. An ex post facto law is a law that declares an act to be criminal which was not so before the act was passed; or that renders an act punishable in a more severe manner than when it was committed. In a more comprehensive sense, all laws having effect upon past transactions, are ex post facto laws.

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

only may the privilege of the writ of habeas corpus be suspended? § 431. What is habeas corpus? What is the effect of this writ? § 433. What is a bill of attainder? An ex post facto law? § 434.