Abbildungen der Seite
PDF
EPUB

disposal of the government of the union. Aside from a standing army which is always expensive, and might prove dangerous to the liberties of the country, the only reliance in the emergencies enumerated, must be upon the militia. By law of congress, the president of the United States is authorized to call forth the militia on any of these emergencies, by transmitting his orders to the chief executive magistrate of the state, or to any militia officer he may think proper. Provision is also made for punishing a neglect or refusal to obey the order. During the war of 1812, the government of Massachusetts and Connecticut were of opinion that it did not belong to the president of the United States to determine when the emergency existed, but to the governors of the states. The supreme court of the United States have, however, decided that it belongs to the president.

What other authority over the militia is granted to congress? What was the reason of investing congress with this power? Ans. To enable them to render the militia the more efficient for the purposes in question. To whom was reserved the authority of appointing the militia officers, and of training the mi

litia according to the discipline prescribed by congress? Why was this authority reserved to the states? Ans. It was that congress might not have so great power over the militia, that they could make them an engine of tyranny. At least the object of the framers of the constitution in making this restriction, was to allay any fears of this kind.

Over what places have congress power to exercise exclusive legislation?

Remark. It is very evident that in places so important to the safe and uncontrolled action of the general government, its authority should be exclusive, that it may not meet with interference from any other authority even for

a moment.

What district has been ceded to congress as the seat of the government of the United States? Ans. The District termed the District of Columbia. By cession of what states? Ans. Maryland and Virginia. When was it ceded to the United States? Ans. In 1790. When did it become the seat of government of the United States? Ans. Ten years afterwards, or in 1800. In what place did congress hold their sessions under the confederation? Ans. In Philadelphia. What was

the seat of government under the constitution previous to 1800? Ans. The first congress met at New York, in 1789; afterwards until 1800, the seat of government was Philadelphia.

Remark. The last paragraph of the 8th section of this article, which gives congress power to make all laws which shall be neces sary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department thereof, has given occasion to much dispute, commencing with the earliest operations of the government and continuing to the present time. The dispute has turned principally on the meaning of the word "necessary." On one side, it has been contended that it means, absolutely, indispensably necessary. It is said that a law, to be necessary for carrying into execution any power, must be one without which it could not in any way possibly be carried into execution. On the other side, it is said that necessary here does not mean absolutely, indispensably necessary, but that it refers to any means properly calculated to carry the power into execution. The word proper,

which is added, seems to imply that such is its signification. If it referred to an absolute, in dispensable necessity, the word "proper" would be without any force. It is affirmed that the intention of the constitution cannot be to place the government under a system barely suffi cient to support its existence, allowing it none of the conveniences requisite for its easy and efficient operation. The Secretary of State, Mr. Jefferson, and the Attorney-general, when the question was discussed in the cabinet of President Washington, were in favor of the first mentioned opinion. President Washington, after deliberation, was in favor of the last mentioned. It was subsequently decided by the supreme court of the United States, that this latter signification is the true one. Differ. ent opinions are, however, still entertained on this point.

SEC. 9. It is said in this section that congress shall not prohibit the migration or im. portation of such persons as any of the states now existing shall think proper to admit, prior to the year 1808; to what persons is reference made? Ans. To slaves. What was the rate of the tax which might be laid on such importation? When did congress first pro

hibit the importation of slaves? Ans. Their first act for this purpose, was passed March 2d, 1807, and it went into operation January 1st, 1808.

Remark. By acts of March 22d, 1794, and May 10th, 1800, citizens of the United States and residents therein, were prohibited from engaging in the slave trade, except for the mere purpose of importing slaves directly into the United States.

What is meant by the writ of habeas corpus? Ans. It is a writ granted by a judge on complaint made to him directing any officer or person holding another in custody or imprisonment, except in certain cases specified by the law, to bring such person immediately before him, that the cause of the detention or impris onment may be examined into, and if found to be insufficient, that the person detained or imprisoned may be set at liberty. What is the meaning of the words habeas corpus? Ans. They signify you must have the body forthcoming. They express the order of the judge to the person having the prisoner in charge. The constitution declares that the privilege of this writ shall not be suspended except in certain cases; what are those cases?

« ZurückWeiter »