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discharged from such service or labor; but shall be delivered up, on claim of the person to whom such service or labor is due. New states may be admitted by congress into the union, but no new state may be erected or formed by the junction of two or more states or parts of states, without the consent of the states concerned, as well as of congress. Congress is vested with the power to dispose of, and make all necessary rules and regulations respecting the territory, or other property belonging to the United States, and nothing in the constitution shall be so construed as to prejudice the claims of the United States on any particular state.

→ There are other clauses, which are intended as a declaration of rights, to guard against an undue exercise of power in the administration of the general government, as it may affect the rights of the several states, or of individual citizens. It is declared that all trials for crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the state where such crime shall have been committed, but when not committed within a state, the trial shall be at such place or places as cont gress may by law have directed-that treason against the United States shall consist only in levying war against them, or adhering to their enemies, giving them aid and comfort and no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act on confession in open court. Congress have the power to declare the punishment of treason, but no attainder of treason shall work a corruption of blood or forfeiture, except during the life of the person attainted. It is declared that congress shall make no law respecting an establishment of religion or prohibiting its free exercise; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances, or to infringe the right of the people to bear arms.

Provision is made to prevent oppression from the quartering of soldiers on the people, and from unreasonable search or seizure on general warrants; that no person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or on indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the malitia when in

actual service in time of war or public danger, and that no person shall be subject for the same offence to be twice put in jeopardy of life or limbs-nor be compelled in any criminal case to be a witness against himself nor shall be deprived of life, liberty or property, without due process of law,-nor, private property be taken for public use without due compensation ; that in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district in which the crime shall have been committed, which district shall have been previously ascertained by law,to be informed of the nature and cause of the accusation, to be confronted with witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. It is further provided that in suits at common law, where the matter in demand shall exceed twenty dollars, the right of trial by jury shall be preserved, and that no fact tried by a jury shall be otherwise re-examined in the courts of the United States, than according to the rules of the common law; that excessive bail shall not be required, nor cruel and unusual punishment be inflicted ;—and it is finally declared, that the enumeration in the constitution of certain rights shall not be construed to deny or disparage other rights retained by the people, and that the powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states or to the people respectively.

That the people may avail themselves of those improvements in government, which time and experience may discover and render necessary in the progress of social improvements, and yet sufficiently to hold in check that dangerous spirit of innovation which no government, however well constituted can satisfy, it is further provided that-" Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or on the application of the legislators of two thirds of the several states shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by congress; pro

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vided that no state shall be deprived of its equal suffrage in the senate." There was also a further proviso with respect to the admission of slaves, which is now become immaterial.

All debts contracted, and engagements entered into, before the adoption of the constitution, are declared to be as valid against the United States under this constitution as under the confederation. And, finally, it is declared, that "This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby; any thing in the laws or constitution of any state to the contrary notwithstanding ;" and, that "The senators and representatives before mentioned, (in congress,) and the members of the several state legislatures, and all executive and judicial officers both of the United States, and of the several states, shall be bound by oath or affirmation to support this constitution; but no religious test shall be required as a qualification to any office or public trust under the United States."

I have thus exhibited a full and correct view of the constitution of the United States, embracing the subsequent amendments, as ratified by a competent authority, by the solemn and concurrent act of the sovereign people of each state, forming an express compact of national union and government equally binding on themselves and their several state governments.

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Of the construction of the Constitution, with observations on some of the principal powers, general and incidental.

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It is not my design here to enter into a detailed construction of every article and clause of the constitution. require volumes; such a work would be interesting, as well as highly necessary to professional men; but less interesting, and might even appear tedious, to the general reader, who is in search of general principles, and is satisfied with a few brief and pertinent illustrations.

To attain even a general understanding of the constitution, it will be necessary to establish some general rules of construction. These are to be derived from various sources; from the common law; in some instances, from the law of nations; from clauses and expressions in the constitution; from the general end and design of the government established by the constitution. In treating the subject, however, I shall not confine myself to the precise order here indicated. I shall also reserve for a more full discussion in the following chapters, some important questions, which have been raised on the construction of the constitution respecting the nature of the union, the parties to the constitution; the relation to the general government, in which the several states are placed; and the relation established between the several departments of that govern

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By the common law, is here to be understood the common law of England, so called; its principles, its rules, and maxims. From that country it was brought by our fathers, the country of their birth and education. Its language was to them their na

may appear, yet, lest some doubt might arise on the subject, the framers of the constitution, after the enumeration of general powers, which it was declared congress should have, added the following clause. "The power (that is, congress shall have the power) to make all laws necessary and proper for carrying into effect the foregoing powers, and all other powers vested by this constitution in the government of the United States, and in any department or officer thereof." This clause was certainly introduced from abundant caution, and contains nothing more than what, on a sound construction of the constitution, was fully implied. It is very cautiously worded, because it obviously gives to congress a very great discretion in the exercise of the specific, or incidental powers,in the choice of means to effect a legitimate end-they must be necessary and proper. The word "necessary," is not here to be understood in the sense of that necessity which is usually denominated absolute, intending something without which the end could not be possibly effected, but is to be understood in its more usual and popular sense,—of that which is expedient and convenient, of the degree and urgency of which congress are to judge. The word "proper," is intended to qualify the term "necessary;" the measure proposed must not only be expedient, but proper as it respects the object, and as it respects the nature and end of the government,-the limitations of power on the one hand, and the reservation of rights on the other. Of the same nature is the clause which declares, that the constitution, the laws made in pursuance of it, and treaties made under its authorities shall be the supreme law of the land; and the article of amendment, declaring, that the powers not delegated by the constitution, nor prohibited by it to the states, are reserved to the states and to the people respectively. The former is implied in the very nature, end, and design of the government, intended to be a government over the whole, of which it must wholly fail, if not vested with that supremacy in the exercise of its power; and the latter, "that the powers not delegated are so reserved," is clearly implied from the manner in which that government is formed by a delegation of enumerated powers with certain limitations of those powers, and in the prohibitions to the states to exercise certain powers,

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