No tax or duty shall be laid on articles exported from any State.

The power of Congress to interfere with exports is taken away by this provision. A charge for a stamp on a package of tobacco intended for export, made as a means to prevent fraud, is not a tax on exports.2 A statute regulating commercial intercourse with the insurrectionary States and imposing duties thereon, is valid.R

See Supplement, post, 303.

1 Hylton v. U. S. 3 Dall. 171; U. S. v. The William, 2 Hall's L. J. 255. 2 Pace v. Burgess, 92 U. S. 372.

3 Folsom v. U. S. 4 Ct. Cl. 366.

6 No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another.

Congress is restrained from fostering or oppressing one port, or the commerce of one State, to the end of destrovine egeaty and uniformity as to levies of contribuign commerce.1 The privileges and imsels entering or clearing from the ports of common and equal in all the ports of the

The provision is a limitation on the ess to regulate commerce ;3 it was intended O prevent vessels from being obliged to enter, clear, or pay duties in any State other than that to or from which they should be bound. What is forbidden is not discrimination between individual ports within the same or different States, but discrimination between States, as Congress may make a port in one State a port of entry, while it refuses to make a port in another State a port of entry.5 It does not apply to incidental advantages resulting from legislation connected with commerce.6 It does not affect the States in the regulation of their domestic affairs:7 as to a State tax upon an article brought into the State from another State; or a tax upon capital invested in ships ;9 or a tax on money, although it is continuously invested in cotton purchased for exportation ;10 but it is a prohibition upon the State to destroy, by legislation, the commercial equality between the States. 11 This clause is not a restriction upon the legislation of the States in the regulation of their internal police, as in the inspection of vessels.12 So, State pilot laws are not in conflict, because

they neither give a preference of one port over another, nor require vessels to pay duties. 13 "Of another" and "duties on another," relate to commerce and navigation. 14 See Supplement, post, 303.

1 Munn v. Illinois, 94 U.S. 113; State v. Charleston, 10 Rich. 240

2 Pennsylvania v. Wheeling & B. Br. Co. 18 How. 421.

3 Passenger Cases, 7 How. 283; 45 Mass, 282; Alexander v. R. R. Co. 3 Strob. 594.

4 U. S. v. The William, 2 Hall's L. J. 255.

5 Pennsylvania v. Wheeling & B. Br. Co. 18 How. 421

6 Pennsylvania v. Wheeling & B. Br. Co. 18 How. 421.

7 Munn v. Illinois, 94 U. S. 113; 69 Ill. 80; Baker v. Wise, 16 Gratt. 80.

8 State v. Charleston, 10 Rich. 240.

9 State v. Charleston, 10 Rich. 240.

10 People v. Tax Commissioners, 17 N. Y. Supr. 255.

11 Passenger Cases, 7 How. 283; 45 Mass. 282; Alexander v. R. R. Co 3 Strob. 594.

12 Baker v. Wise, 16 Gratt. 139.

13 Cooley v. Port Wardens, 12 How. 299; Pennsylvania v. Wheeling & B. Br. Co. 18 How. 421.

14 Gibbons v. Ogden, 9 Wheat. 1.

7 No money shall be drawn from the treasury 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.

Anonymous, 3 Opin. Att. Gen. 13.

See Supplement, post, 303.

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, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State.

A marshal of the United States cannot at the same time hold the office of commercial agent of a foreign nation.

6 Opin. Att.-Gen. 4(9.

Sec. 10. 1 No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything 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.

Secession and confederation.-The Union of the States is perpetual and indissoluble.1 A State has no right to secede.2 The Ordinance of Secession and all acts to give it effect are null and void. It did not annul or repeal the constitution and laws then in force; 4 nor did it suspend or destroy the existence of the State government. It continues to exist de jure, and its acts are as valid and binding as if no attempt at secession had been made.5 A State can have no political existence outside and independent of the Constitution of the United States. The attempt of a State to separate from the Union does not destroy its identity as a State, nor free it from the binding force of the Constitution of the United States. The Ordinance of Secession did not abrogate the Constitution nor release citizens from their obligation of loyalty to the Government of the United States.8 The constitutional obligations and duties of a State are not affected by its rebellion.9 At no time were the rebellious States out of the Union. 10 There is no law, State or National, by which the Government of the United States is bound to recognize as valid the public or political action of a State engaged in rebellion.11 The constitution in force before the Ordinance of Secession continues in force after the overthrow of the Rebellion, 12 and statutes adopted by a lawful government will be deemed valid. 18 The government of a rebellious State is not a de facto government.14 Acts in furtherance of rebellion are void;15 but acts necessary to peace and good government are valid.16 All acts of a State in rebellion are binding upon the State, except such as were in aid of the Rebellion. 17 Statutes intended to promote good order and welfare may be enforced.18 When a State by her acts sets aside her State government, and constitutes and establishes a new one, connected with another so-called central government, her practical relations to the Union were suspended; but they did not for a moment effect a separation from the Union. 19 The late so-called Confederate government never reached the dignity of a de facto government, and was without the authority to coin money, emit bills of credit, etc.20 The government of the Confederation had no existence, except as organized treason.2 21 It was not a de facto gov.

..

ernment in the sense that its acts are entitled to judicial recognition as valid.22 It could not divest any right or property of the United States. 28 It had no right to sequestrate the property of a citizen of the United States as an alien enemy." "24 It could not take, hold, or convey a valid title to property, real or personal.25 The acts of confiscation of the Confederate government were null and void.26 The State is not liable for services rendered to a rebellious government.27 All contracts made in and of the Rebellion are void. 28 An obligation incurred by a corporation in aid of the Rebellion cannot be enforced.2 Notes and bonds issued by a State while in rebellion are not binding. 80 Bonds and treasury notes of the Confederate States are not enforceable.81 Treasury notes issued by a State in aid of rebellion are void.82 Charters granted by a State in rebellion are void. 88 See Supplement, post, 303. 1 Texas v. White, 7 Wall. 700.

2 White v. Hart, 13 Wall. 646; Sequestration Cases, 30 Tex. 688; Chancely v. Bailey. 37 Ga. 532; Cent. R. R. Co. v. Ward, 37 Ga. 515; Hood v. Maxwell, 1 W. Va. 219.

3 Keith v. Clark, 97 U. S. 461; Texas v. White, 7 Wall. 700; Pennywit v. Foote, 27 Ohio St. 600; U. S. v. Cathcart, 1 Bond, 556; U. S. v. Morrison, Chase, 521.

Harlan v. State, 41 Miss. 566.

5 Hawkins v. Filkins, 24 Ark. 286; White v. Cannon, 6 Wall. 443; Harlan v. St. 41 Miss. 566; St. v. Sears, Phill. N. C. 146.

6 Penn v. Tollison, 26 Ark. 545.

7 Keith v. Clark, 97 U. S. 451.

8 U. S. v. Cathcart, 1 Bond, 556.

9 White v. Hart, 13 Wall. 646; Homestead Cases, 23 Gratt. 266.

10 White v. Hart, 13 Wall. 646; Keith v. Clark, 97 U. S. 461.

11 Thompson v. Mankin, 26 Ark. 586.

12 Scruggs v. Huntsville, 45 Ala. 220; President v. State, Ibid. 399. 13 Reynolds v. Taylor, 43 Ala. 420.

14 Penn v. Tollison, 26 Ark. 545; Thompson v. Mankin, 26 Ark. 586, Thomas. Taylor, 42 Miss. 651.

15 Texas v. White, Wall. 700; Hatch v. Burroughs, 1 Woods, 439.

16 Texas v. White, 7 Wall. 700; Sequestration Cases, 30 Tex. 688; Chappell v. Williamson, 49 Ala. 153; Cook ». Oliver, 1 Woods, 437.

17 Keith v. Clark, 97 U. S. 465; Horn v. Lockhart, 17 Wall. 570; Sprott v. U. S. 20 Wall. 459; Home Ins. Co. v. U. S. 8 Ct. Cl. 449; Watson r. Stone, 40 Ala. 451.

18 Hill v. Boyland, 40 Miss. 618; Buchanan v. Smith, 43 Miss. 90; Wallace v. State, 33 Tex. 445.

19 Shortridge v. Macon, Chase, 136.

20 McCracken v. Poole, 19 La. An. 359; Bailey v. Milner, 35 Ga. 330; Thornburg v. Harris, 3 Cold. 157.

21 Sprott v. U. S. 20 Wall. 459.

22 Keppel v. Petersburg R. R. Co. Chase, 167.

23 U. S. v. Kechler, 9 Wall. 83.

24 Central &c. R. R. Co. v. Ward, 37 Ga. 515; Sequestration Cases, 30 Tex. 688; Vance v. Burtis, 39 Tex. 88; Knox v. Lee, 12 Wall. 457: Shortridge v. Macon, Chase, 136.

25 Sprott v. U. S. 20 Wall. 459.

26 Keppel v. Petersburg &c. R. R. Co. Chase, 167; Penn. v. Tollison, 26 Ark. 545; Thompson v. Mankin, 26 Ark. 586; Timms v. Grace, 26 Ark. 598; Perdicaris v. Charleston Gas Lt. Co. Chase, 435.

27 Buck v. Vasser, 47 Miss. 551; Chisholm v. Colman, 43 Ala. 204.

28 Keith v. Clark, 97 U. S. 464; Hanauer v. Doane, 12 Wall. 342.

23 Bibb v. Commrs. 44 Ala. 119; Evans v. Richmond, Chase, 551. 30 Hanauer v. Woodruff, 15 Wall. 439; Thomas v. Taylor, 42 Miss. 651; Leak v. Commrs. 64 N. C. 132; Rand v. State, 65 N. C. 194.

31 Ray v. Thompson, 43 Ala. 434; Irvine v. Armstead, 46 Ala. 363; Martin v. Hewitt, 44 Ala. 418; Texas v. Hardenberg, 10 Wall. 68.

32 Thomas v. Taylor, 42 Miss. 651.

33 U. S. v. Home Ins. Co. 22 Wall. 99.

Bills of credit. A bill of credit is a paper issued by a sovereign power, containing a pledge of its faith, and designed to circulate as money. It must be issued by a State on its faith and credit, designed to circulate as money,2 receivable for all debts and taxes, salaries and fees, and although it is not made a legal tender. The emission is a bill of credit if the intention is to create a currency.5 The intent is the intent of the legislature, to be deduced from its acts alone. It may comprehend any instrument by which the State engages to pay money at a future day, and may cover a certificate of debts or notes of a State bank.9 A State cannot, by indirect means, or any device, emit bills of credit. 10 Instruments executed, binding a State to pay money at a future day for services rendered or for money borrowed, are not bills of credit;11 nor is a treasury note issued as evidence of a loan, if not intended as a circulating medium;12 nor an auditor's warrant issued according to law for the payment of a demand against the State.18 States may incorporate banks, and their notes are not bills of credit,14 not even if the State pledges its credit for their payment, 15 nor though the bank is owned by the State, and the officers give bonds to the State for the faithful performance of their duties.16 Where a State becomes a stockholder it imparts none of its sovereignty to the corporation. 17 States and municipal corporations may borrow money and give proper securi ties therefor; 18 so, a State may authorize a municipal cor poration to issue certificates of indebtedness,19 or treasury notes made receivable for all debts due, and to pledge it