The government class book / Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.

by Andrew W. Young

§8. The next prohibition is, "No tax or duty shall be laid on articles exported from any state." Probably no law for taxing exports could be devised which would operate equally upon the interests of the different states. Or some states the principal product is cotton, rice, or tobacco; of others, grain; and of others, manufactures; and some of these products might not bear the same rates of duties as others. But though it were possible to devise a plan which would be equal in its operation, a majority of the representatives might be opposed to it. The representatives of the grain producing, and those of the planting states, might combine in imposing excessive taxes upon the productions of the manufacturing states. Or the manufacturing and the grain producing states might, with the same intent, combine against the planting states.

§9. As it was the purpose of the framers of the constitution to make taxation, as nearly as possible, equal in the different states, by uniform duties; and as every necessary object of indirect taxation may be attained by duties on imports; duties on exports are properly prohibited. And to secure to all the states freedom and equality in trade, it is expressly provided in the same clause, that "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 in another."

§10. The next clause provides that "no money shall be drawn from the treasury, but in consequence of appropriations made by law." This places the public money beyond the reach or control of the executive or any other officer, and secures it in the hands of the representatives of the people. In pursuance of this provision, congress, at every session, passes laws specifying the objects for which money is to be appropriated. The latter part of the clause requires, that "a regular statement and account of the receipts and expenditures of all public money shall be published from time to time." And it is by law made the duty of the secretary of the treasury to make to congress annually such statement, which is published by order of congress; so that the people may know for what purposes the public money is expended.

§11. It is next declared, that "no title of nobility shall be granted by the United States." Although the bare titles of lord, duke, &c., which are conferred upon citizens in monarchical governments, could not add to the political power of any person under our constitution; yet, as it is desirable that there should be equality of rank as well as of political rights, it is proper that congress should be prohibited from creating titles of nobility. And to guard public officers against being corrupted by foreign influence, they are forbidden to "accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state."

Chapter XXXVIII.

Prohibitions on the States.

§1. The next section contains restrictions on the powers of the states. "No state shall enter into any treaty, alliance, or confederation." [For the definition of treaty and the manner in which a treaty is made, see Chapter XL: §3-5.] An alliance is a union between two or more nations, by a treaty, or contract, for their mutual benefit. Confederation and alliance, have nearly the same meaning. If the states, separately, were allowed to make treaties or form alliances with foreign powers, the rights and interests of one state might be injured by the treaties made by another state. As the states united constitute but one nation, it is obvious that the power to treat with other nations properly belongs to the general government. If the states also had the power, they might counteract the policy of the national government.

§2. Nor may a state "grant letters of marque and reprisal." If, as has been shown, this power is properly given to congress, it could not be safely intrusted to the states. (Chap. XXXVI, §5.)

§3. The power to "coin money" is also prohibited to the states. It was given to the general government to secure a uniform currency. (Chap. XXXIV, §7.) But this object would not be likely to be attained, if the power to coin money were exercised by the states.

§4. A state may not "emit bills of credit." Bills of credit, to a vast amount, were issued by the states during the war, and for some time thereafter. They were in the nature of promissory notes, issued by the authority of the state, and on the credit of the state, and put in circulation by the continental congress and the states as money. This paper money, having no funds set apart to redeem it, became almost worthless. Bank bills issued upon the credit of private individuals, do not come under the prohibition. It is also held that the prohibition does not apply to the notes or bills of a state bank, drawn on the credit of a particular fund set apart for that purpose.