[4] This secures to congress the control of the matter.

[5] That is, a tax upon the carrying power of a ship.  This is in harmony with the provision which forbids the states to levy duties on imports.

[6] This prohibits the keeping of a standing army, but each state may have its organized militia.

[7] In the preceding clause, the states are forbidden to enter into treaties, etc.,—­that is, into political compacts; and the prohibition is absolute.  Here they are prohibited from entering into business compacts, unless permitted by congress.

[8] For a state to engage in war would be to embroil the country in war.  But the militia might be sent to repel invasion.  They would, however, be defending not the state simply, but also the United States.

“We have thus passed through the positive prohibitions introduced upon the powers of the states.  It will be observed that they divide themselves into two classes:  those which are political in their character, as an exercise of sovereignty, and those which more especially regard the private rights of individuals.  In the latter the prohibition is absolute and universal.  In the former it is sometimes absolute and sometimes subjected to the consent of congress.  It will at once be perceived how full of difficulty and delicacy the task was, to reconcile the jealous tenacity of the states over their own sovereignty, with the permanent security of the national government, and the inviolability of private rights.  The task has been accomplished with eminent success.” [Footnote:  Story.]

Pertinent Questions.

When was slavery introduced into the United States?  Give an account of the steps taken to abolish it.

What is the use of the writ of habeas corpus?  If a sane person were confined in an asylum, how could he be got out?  Could a person who had taken religious vows imposing seclusion from the world, be released by means of this writ?  Show the necessity of power to suspend the writ in cases of rebellion or invasion.

Could the thing forbidden in a bill of attainder be done by a court?  Give an example of an ex post facto law.

What is meant by “entering” and “clearing” a port?

How could the president get hold of any United States money other than that received in payment of his salary?

Could you receive a present from a foreign government?  Name any American who has received a title or a present from a foreign government.  Must a titled foreigner renounce his title on becoming an American citizen?

What are “greenbacks?” Did you ever see a state “greenback?” When do you expect to see one?

What is a contract?  Could a legislature pass a law doing away with imprisonment for debt?  What argument did Daniel Webster make in the famous Dartmouth College Case?

Name the various state inspectors in this state.  How are they paid?  May a state impose taxes to defray its own expenses?  What prohibitions apply to both the general and the state governments.  Arrange all the prohibitions in tabular form, classifying as indicated by Judge Story in the paragraph quoted.