National service, as he did during the Civil and Spanish wars, the men who come forward cease to be militia for the time, and are National soldiers entirely under Federal control. (U. S. Const. Art. I., Sec. 8, Pars. 15 and 16.) 29. Implied Powers. - Congress may make all laws. which shall be necessary and proper for carrying into execution the foregoing powers and all other powers granted by this Constitution to the government of the United States, or to any of its departments or offices. It is held that the grant of certain powers implies the grant of certain other powers incidental to these. Congress has used many of these implied powers which are necessary and proper. It will be noticed that the necessity is not an absolute one, but is qualified by the adjective proper. As instances of the use of implied powers, we may speak of the improvement of rivers and harbors, the building of lighthouses, establishment of banks, of a National board of health, and of a bureau of education, etc. (U. S. Const. Art. I., Sec. 8, Par. 18.)

30. Impeachment. (U. S. Const. Art. I., Sec. 2, Par. 5; Sec. 3, Pars. 6 and 7; Art. II., Sec. 2, Par. 1, Sec. 4.) In case an officer is guilty of crime, it is important that he should be removed at once. The President cannot remove certain officers and may not wish to remove others. In addition, he himself may have committed acts rendering him worthy of removal. So the power of removal, in case of improper acts, is given to Congress after a full trial. Such a proceeding is called an impeachment. Impeachments are brought by the House of Representatives and correspond to the indictments brought by the Grand Jury. They are solemn

declarations laid before the Senate by the House of Representatives, stating that they consider the person impeached to be guilty of high crimes and misdemeanors committed in office, and that he should be tried for them. Impeachment does not lie against members of Congress, or officers of the military or naval service. All civil officers, from the President down, may be impeached. The causes of impeachment are treason, bribery, or other high crimes and misdemeanors. The House, having resolved to impeach an officer, appoints certain of its members to act as managers of the impeachment, and to carry on the prosecution of the charges. The Senate sits as the court to try impeachments. They are under oath or affirmation when so sitting, that they may be reminded that they act, not as legislators, but as judges. The Vice-President presides, except when the President is impeached. Then he would be an interested party, as he would become President if the impeachment succeeded, and so the Chief Justice presides. No person shall be convicted without the agreement of two-thirds of the Senators present. The trial takes place according to the general rules of criminal trials. If a man is convicted, he must be removed from office, and the Senate may also disqualify him from holding in the future any office of honor, trust, or profit under the United States. No other punishment can be inflicted by the Senate, but the person who has been convicted under the impeachment is liable to indictment, trial, judgment, and punishment according to law for the crime for which he was impeached. The President

may not pardon or reprieve any person convicted under an impeachment. If he could do so, he might support a corrupt officer and overrule the decision of Congress. The remedy of impeachment is one to be used only in grave cases, and is not often resorted to. The most famous impeachment was that of President Johnson in 1867. The Senate did not convict him on the charges brought by the House of Representatives.

CHAPTER XXIV.

LIMITATIONS ON CONGRESS.

1. Importation of Slaves.- Congress was not permitted to prevent the importation of slaves before 1808, though it might lay a small tax on each slave imported. In 1808 it did prohibit the trade, and that limitation passed away. (U. S. Const. Art. I., Sec 9, Par. 1.)

2. Export Duties.- Congress may not lay any tax or duty on articles exported from any State. It is important that the trade from our shores be as free as possible, that our people may be encouraged to produce abundantly and send their articles to foreign markets as well as consume them at home. (U. S. Const. Art. I., Sec.

9, Par. 5.)

3. Preference of Ports of One State.-No preference shall be given, by any regulation of commerce or revenue made by Congress, to the ports of one State over those of another. The National government is for the good of all the States and it would be most unjust to favor one over another. (U. S. Const. Art. I., Sec. 9,

Par. 6.)

4. Interstate Duties. No vessels bound to or from one State shall be obliged by any law of the United States to enter, clear, or pay duties in another State. (U. S. Const. Art. I., Sec. 9, Par. 6.) Our commerce should not be local but National. In Maryland, for

instance, anything which should restrict commerce with Virginia would be a great blow at the trade of the Chesapeake Bay. A vessel enters a port, in the technical sense of that word, when she reports her arrival and cargo to the custom-house officers. She clears when she obtains from these officers the necessary papers granting her leave to sail. Interstate trade is free from these visits to the custom houses.

5. The Habeas Corpus Writ. The privilege of the writ of Habeas Corpus shall not be suspended unless, in case of rebellion or invasion, the public safety may require it. This provision refers to the United States, but it is not stated to which branch of the Federal government the right is given to suspend the privilege of the writ in time of need. From the fact that the provision is among those referring to Congress, it is probable that it was intended that this body should have the power. During the Civil War, however, President Lincoln assumed the power, and Congress later ratified his action. (U. S. Const. Art. I., Sec. 9, Par. 2.)

6. Bills of Attainder. -No bills of attainder may be passed by Congress. (U. S. Const. Art. I., Sec. 9, Par. 3.)

7. Ex Post Facto Laws. Congress may pass no ex post facto law. (U. S. Const. Art. I., Sec. 9, Par. 3.) 8. Titles of Nobility. Congress may grant no title of nobility. (U. S. Const. Art. I., Sec. 9, Par. 8.)