such credit in every court within the United States, as they have in the courts of the state from which they are taken.

386. New states may be admitted by congress into the union. As the United States, at the time of the adop tion of the constitution, possessed a large national territory, and as more might be acquired by cession or otherwise, the power to form new states, and to admit them into the union, was necessary; and it could not with propriety have been vested elsewhere than in the national government. But no new state may be formed or erected within the jurisdiction of any other state; nor may any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of congress.

387. Congress has power also to dispose of, and make all needful rules respecting the territory or other property of the United States. The power of congress to exercise authority over the territory ceded to the United States, during the existence of the confederation, had been disputed; an express grant of this power was therefore inserted in the constitution. As the general government possessed the right to acquire territory, it should also have the pow er to govern the same; as the territory so acquired does not become entitled to the right of self-government, and is not subject to the jurisdiction of any individual state. But nothing in the constitution may be so construed as to prejudice any claims of the United States, or of any particular state.

388. The United States are bound to guaranty to every state in the union, a republican form of government; and to protect each of them against invasion; and, on application of the legislature, or of the executive, (when the legislature cannot be convened,) against domestic violence. Without this guaranty, the states could not de

state records. &c.? What is the object of this provision? 386. Why was the power to admit new states into the union necessary? How is this power restricted? 387. What power has congress respecting the territory and property of the United States? 388. What are

mand from the general government any interference in preserving their constitutions, when threatened by domestic commotions; nor could the general government constitutionally afford assistance to the supporters of the state governments. And, without authority to protect the several states against invasion, and to aid them in maintaining their republican forms of government, there would be no security to the general government itself. For, should one state after another be permitted to relinquish its republican form of government, the whole system might ultimately be subverted. A state, however, may make any alteration in its constitution, that shall not change its republican form.

389. Congress may propose amendments to the constitution, whenever two thirds of both houses shall deem it necessary; or, on application of the legislatures of two thirds of the several states, it shall call a convention for proposing amendments. Amendments, thus proposed, are valid, as a part of the constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths of the states, as the one or the other mode of ratification may be proposed by congress.

It

390. It was presumed by the framers of the constitution, that, notwithstanding the care with which it had been prepared, experience would discover it to be imperfect; or that, how well soever it might, at that time, serve all the purposes of government, time and change of circumstances would render some alterations necessary. was therefore requisite that some mode of amending it should be provided. But lest, by such provision, the government should be rendered unstable, by too frequent alterations, modes of amendment were adopted which are calculated to guard against any alteration that is not required to remedy some palpable inconvenience.

the United States bound to guaranty to the several states? Why is this provision necessary? 389. How are amendments to the constitution proposed? What is necessary to their becoming valid, as a part of the constitution? 390. What is the object of a provision

391. The power to amend the constitution does not, however, extend to every provision. It was provided that 'no amendment which might be made prior to the year 1808, should affect the first clause in the ninth section of the first article, which allowed the importation of slaves to that period; and the fourth clause of the same section, which provides, that direct taxes be laid in proportion to the census or enumeration directed by the constitution to be taken, requiring the addition of three fifths of the number of slaves to the number of free persons. It is also provided, that no state shall, without its consent, be deprived of its equal suffrage in the senate. The first mentioned of these restrictions, has ceased to have effect; the last, securing to each state an equal representation in the senate, is perpetual.

392. Since the adoption of the constitution, amendments or additions have been, at three different times, proposed by congress, and ratified by the people. The first ten articles of the amendments were proposed at the first session of the first congress, which was begun and held at the city of New York, on the 4th of March, 1789, and were adopted by the requisite number of states. The eleventh article was proposed at the second session of the third congress. And the twelfth article, which changes the mode of electing the president and vice president, was proposed at the first session of the eighth congress. This amendment having been adopted, the 3d clause of the 1st section of the 2d article of the constitution was thereby repealed.

393. Frequent attempts have been made during the last few years, to propose amendments to the constitution; but the veneration with which the people regard this instrument, and their jealousy of any attempts to change a form of government under which they have enjoyed unexampled prosperity, have rendered these attempts unsuc

for its amendment? 391. What restriction was imposed upon the power to amend the constitution? 392. What amendments have been made to the constitution since its adoption? and at what periods? 393. What has been the result of the late attempts to propose

cessful. The people seem disposed to submit to some trifling inconveniences, rather than to give countenance to a spirit of innovation, which, if encouraged, may end in a change of the fundamental principles of the government. Of the twelve articles styled "amendments," which have been incorporated into the constitution since its adoption, it will be seen, that none but the last, (which changes the mode of electing president,) repeals or makes void any part of the constitution originally adopted.

394. By providing that amendments shall not even be proposed to the people, but by two thirds of both houses of congress, or that a convention for proposing amendments shall not be called by congress, until requested to do so by the legislatures of two thirds of the several states; and by providing further, that before amendments thus proposed shall be valid, they must be ratified either by the legislatures of three fourths of the states, or by conventions of delegates chosen by the people of three fourths of the states; the constitution seems to be amply guarded against unnecessary amendments or mutilations. The approval of the president is not required to an amendment of the constitution proposed by congress.

CHAPTER XXV.

Incidental Powers of Congress.

395. To the powers delegated to congress by the constitution, is added a general power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the constitution in the government of the United

amendments to the constitution? 394. For what reason was so difficult a mode of amendment adopted?

395. What general power is delegated to congress? What does necessary bere mean? Why is this power deemed necessary?

States, or in any department or officer thereof." The word "necessary," in the foregoing clause, means needful, essential, conducive to, and gives congress the choice of the means best calculated to exercise the powers it possesses. Without such a power, either expressed or implied, many of the powers expressly delegated, could never have been carried into effect.

396. In pursuance of this general power, congress has power to inflict punishment in cases not specified by the constitution; such power being implied as necessary and proper to the sanction of the laws, and the exercise of the delegated powers:

To exact an oath of office, in addition to the oath of fidelity prescribed by the constitution:

To punish larceny of letters from the post office, or robbery of the mail:

To secure to the United States a priority of payment from the effects of an insolvent debtor. It is provided by acts of congress, that in all cases of insolvency, or where any revenue officer, or other person, becoming indebted to the United States, by bond or otherwise, shall become insolvent, or where the estate of any deceased debtor shall not be sufficient to pay all his debts, the debt due to the United States shall be first satisfied.

397. Under the general power to pass all laws necessary to carry into exccution the powers vested in the gov ernment, congress has also exercised the power to create corporations, and establish a bank. This power was exercised by the first congress under the constitution, by the passing of the act incorporating a national bank, in in 1791; and, subsequently, in 1816, by the incorporation of a new bank, after the charter of the first was expired.

398. The constitutionality of this power has, however, been seriously questioned; and its exercise has met with much opposition in congress. Although the opinion of the supreme court has repeatedly been given in accord

396. What are some of the cases in which this power has been exercised? 397. When was the first national bank created? The second? 398. What is said of the constitutionality of this institu