the subject to which it refers, I do not consider. Another prohibition is found in the clause which says, "the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it."

This provision exhibits the great attachment and even watchful solicitude of the American people, for their safety and security from and against the power of the government. This writ is, in fact, the most important element which any system can contain for individual indemnity from wrong and oppression. It is speedy and decisive in its operation, and is demandable as of right, although it may not be, and is not in practice, issued upon every application, when it is seen upon such application that the party applying is not entitled to the relief sought. This writ is, and has been, the constitutional shield of the English citizen from the encroachment of the crown, and its character and importance were brought by our ancestors as one of their inalienable privileges. The same principle which established the security of the writ of habeas corpus, induced a provision, that no bill of attainder or ex post facto law should be passed.

The other prohibitions are of a more general and public character and purpose. They provide that all capitation or other direct tax shall be levied in proportion to the population as ascertained in a census, for the taking of which, at short intervals, provision is made. They also provide, that "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 to another." This provision insures the equality and relative importance of the states in their intercourse with each other, and leaves the energies of the

citizen free to be exerted for his own benefit, and uncontrolled, except within certain limits, by the government of which he forms a more immediate part, and which acts upon his neighbors, whose interests are closely interwoven with his own, at the same time, and with the same force and effect as it acts upon him.

The instrument which grants the legislative power, prohibits the withdrawal of money from the treasury, except under appropriations made by law. It provides, that no title of nobility shall be granted by the United States; that no person holding any office of profit or trust under the United States, shall, without the consent of congress, accept any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state. These powers, these restrictions, as has been said already, are designed to protect the several states and their citizens from foreign control or interference; to protect the states from each other; to protect the citizens, in some particulars, from state legislation; to secure to the citizens of other countries such immunities of trade and of intercourse as may be conceded to them by contract, by law, by the laws of nations, or by our courtesy. They are competent to the end contemplated; they exhibit the profound and far-seeing judgment, the love of humanity, the regard for private right, of those patriotic individuals who framed our constitution. In the construction of this instrument, they have erected to themselves an enduring, and, I trust, imperishable monu

ment.

LECTURE VI.

THE STATE GOVERNMENT. THE PURPOSE AND CHARACTER OF ITS LEGISLATION.WITHIN CERTAIN LIMITS IT IS SUPREME, AND EXCLUSIVE OF FEDERAL LEGISLATION OR CONTROL.

By the adoption of the federal constitution, the citizens of the several states, with the consent and approbation of the state sovereignties, became citizens of the United States, and conferred upon the federal sovereignty the powers which are defined and enumerated in its constitution. The people, as citizens of the United States, are one, and their relation to the federal jurisdiction is the same in every state. The several states, acting singly or together, in their political capacity, cannot resume the consent yielded to the people, and by them conferred upon the national government. The states, as sovereignties, cannot enlarge or diminish the power of the federal government, and cannot in any manner, exčept by suggesting the propriety of amendment, and by application to congress therefor, interfere with its constitution. The congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to the constitution of the United States, or on the application of the legislatures 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 pur

poses as part of the 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 may be proposed by the congress. The relation of the people to their system of government constitutes an important and controlling element in any determination, which may be made upon several questions which have been discussed, and which may hereafter require an adjustment. Certain supposed state rights, the supposed right of a state to secede from the union, the supposed right of a citizen of one state to become the citizen of another state, carrying with him the property and rights of property which may be conceded to him by the law of the state of which he may have been a citizen, present for consideration questions of great import. The decision of these matters, whenever decision shall be required, must be had by an ascertainment of the position which the several states and their citizens occupy in relation to each other and to the federal government. This relation is susceptible of definition, and may easily be ascertained by reference to our system, as it is defined in its charters. It cannot be defined or ascertained, with safety or certainty, by a reference to any theory or system which any man or class of men may suppose the most beneficial to the people, or most in accordance with their speculations. The national government has certain jurisdiction, which it exercises upon the people of the United States, which they cannot subvert or change, except by an amendment of the constitution, or by revolution. This relation of the people to the federal government is direct, without any intervention or authority of the states as sovereignties. The state sovereignty has certain jurisdiction, which it exercises upon its citizens, and is not amenable to the federal government for its exercise. The people retain their natural

rights, so far as they have not surrendered them to the national or state control.

In the language of an amendment to the constitution of the United States, "the powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." It is frequently said, that the laws of the United States are supreme, and that the legislation of a state, whenever it shall come in conflict therewith, must yield, upon the ground of superiority which one government has over the other. This mode of expression may be offensive to the sensibility of state pride, and on that account, and because it is not precisely accurate, is objectionable. The laws of the United States, constitutionally passed, are supreme, and no state law, if the state confines its action within its own jurisdiction, can or should come in conflict or opposition. If the congress enact a statute upon a subject not within its power or jurisdiction, it is unconstitutional and void; and any state legislation rightfully and constitutionally had upon such subject, must prevail, although inconsistent with a law of congress. The construction of the several state governments are substantially the same. Their departments are essentially the same, and they are similar to those of the federal government. The judiciary in some of the states is more dependent upon the will of the people than it is in other states, and is more so than is the judiciary of the United States. The right of suffrage, and the terms upon which it may be exercised, are not alike liberal and extensive in all the states, although it is broad enough to accomplish the purpose designed. Eligibility to office is more extended in some of the states than it is in others. In all, it is sufficiently extensive to answer the ambition of those who desire office. In many of the states, the legislature, frequently designated the general