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law, they could make any acts criminal which have heretofore been lawful, and thus inflict the greatest cruelty and injustice.

4. No capitation, or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

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

6. 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.

These restrictions upon the disbursement of public moneys, and regulations respecting the public accounts, are indispensable, in order to prevent the misapplication of funds, and to make all public officers feel that their conduct, in these matters, must undergo a careful scrutiny. If it were not for this first provision, the president of the United States would have no check upon the expenditures of public money. This stipulation renders him, in respect to money, dependent upon the people's representatives.

7. 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 Congress, accept of any present, emolument, office or title, of any kind whatever, from any king, prince, or foreign state.

This passage prohibits titles of nobility, which lay a foundation for unequal ranks and privi

leges; and prohibits public officers from receiving presents from foreign powers, by which means, as history teaches us, so many persons have been bribed to betray their country.

SECT. X.-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.

2. No state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. No state shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

This important section lays various restrictions upon the states. The "bills of credit" referred to were a well known denomination of paper money, issued by the colonies before the revolution, and at a later period by the states. As there were no sufficient funds to meet them, they depreciated, so that sometimes a thousand dollars in paper passed for one of silver. The evils that flowed from this source were of the most aggravated kind; and therefore we see the wisdom of providing against this fruitful cause of mischief.

ARTICLE II.

We shall see that this article relates to the Executive branch of the government.

SECT. I.-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:

2. Each state shall appoint, in such a 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.

[A paragraph is here cancelled, Article XII. of the Amendments being substituted for it, which see.]

4. 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.

6. 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 Vice-President; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declar-.

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ing what officer shall then act as President; and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

No President has died while in office, except Harrison. He took the oath of office March 4, 1841, and died in a month after. John Tyler, then Vice-President, succeeded to the office of President, assuming all the powers and functions of the station, as if he had been directly elected President.

7. The President shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive, within that period, any other emolument from the United States, or any of them.

8. Before he enter on the execution of his office, he shall take the following oath or affirmation:

9. "I do solemnly swear [or affirm] that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States."

The salary of the president is fixed at twentyfive thousand dollars a year, as before stated.

SECT. II.-1. The President shall be commander-inchief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion in writing of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.

2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur; and he shall nom

inate, and by and with the advice and consent of the Sen ate, shall appoint ambassadors, other public ministers, and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior officers as they think proper in the president alone, in the courts of law, or in the heads of departments.

3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

The power of appointing or nominating to office, is one of the greatest means of influence possessed by the executive. The number of persons in the employ of the general government is many thousands: it is said there are nearly ten thousand postmasters, alone. It is obvious that the individual who has in his control so many places of trust and emolument, has a patronage which he may exert to his own political advantage, if he so chooses.

It must be considered, however, that there is always a tide of opposition, created by those out of office, against those who are in; so that it seems necessary that an administration should possess some means of resisting this outward force. The patronage of the government is therefore perhaps no more than a necessary and proper power, by which the government resists the shock of opposi→ tion. It is only when corruptly used that it is to be feared.

SECT. III.-1. He shall from time to time give Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge ne

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