the National Government would be characterized by all the weakness and imbecility of the Confederation. Every principal power of the new Constitution would have proved a failure.

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§ 4. The clause and powers under consideration met with earnest opposition while the Constitution was before the people for discussion. Alexander Hamilton, one of the writers of the articles in "The Federalist," says, 'But it is said that the laws of the Union are to be the supreme law of the land. What inferences can be drawn from this? or what would they amount to if they were not to be supreme? It is evident they would amount to nothing. A law, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe. This results from every political association."

§ 5. A treaty has been defined to be a solemn and binding bargain between two or more parties competent to contract, the parties being nations. But it is something more than a contract. It has not only all the force of a contract as between the parties concerned, but all the binding authority of a law on the subjects or citizens of the contracting parties. The issues of peace and war often depend on the faithful or unfaithful observance of treaties. No nation would be willing to make a treaty with us which should be binding on them, but which our own citizens were at liberty to disregard at pleasure. The national faith is pledged in treaties, and there must be home authority to enforce their obligations on the citizen and subject.

ART. III.- OFFICIAL OATH.

1. The members of the several State legislatures shall be bound by oath or affirmation to support the Constitution of the United States.

2. All executive officers of the several States shall be bound in like manner.

3. Also all judicial officers of the several States. 81.

§ 1. By reference to the clause of the Constitution from which this article is taken, it will be seen that senators and representatives are included among those who are to take the oath to support the

Constitution of the United States. Their oath of office was considered in treating of the "provisions common to both houses." No one doubts the propriety of requiring an oath or affirmation of this character of those immediately concerned in the administration of the National Government; but, while the Constitution was before the people for ratification, strong objections were made to requiring that a similar obligation should be taken by State officers.

§ 2. Why, then, should the legislative, executive, and judicial officers of the several States be obliged to take on themselves this solemn obligation? Because the members and officers of the State governments have an essential agency in giving effect to the Federal Constitution. The election of the President and Senate will depend, in all cases, on the legislatures of the several States.1 In many cases, the election of the House of Representatives may be effected by their agency.

§ 3. The judges of the State courts will frequently be called upon to decide upon the Constitution and laws and treaties of the United States, and upon rights and claims growing out of them. Decisions ought to be, as far as possible, uniform; and uniformity of obligation will greatly tend to such a result. The executive authority of the several States may be often called upon to exert powers or allow rights given by the Constitution, as in filling vacancies in the Senate during the recess of the legislature; in issuing writs of election to fill vacancies in the House of Representatives; in officering the militia, and giving effect to laws for calling them out; and in the surrender of fugitives from justice.2

CHAPTER X.

STATE PROHIBITIONS.

ARTICLE I.-STATE RELATIONS.

1. No State shall enter into any treaty, alliance, or confedera tion, 51; nor,

1 The Federalist, No. 44.

2 Story on the Constitution, § 1,445.

2. Into any agreement or compact with another State, or with a foreign power, without the consent of Congress. 52. § 1. Both of these provisions, in substance, were in the Articles of Confederation. The Constitution of the United States was established for the government of the people as one nation, and not for the government of the individual States. But, that the objects of the National Government might be secured without embarrassment, it was necessary to impose restrictions on the States. Were the States at liberty to treat with foreign powers or neighboring States, they might enter into such arrangements as would interfere with those made by the General Government at home and abroad.

§ 2. If the States were permitted to enter into treaties with foreign powers, the authority of the General Government on the same matter would be at an end. One State might enter into such engagements as would materially conflict with the interests, not only of the General Government, but of the other States. This would endanger, and perhaps destroy, the peace and harmony of the whole Union. Foreign powers might secure an advantage over all the States by securing the favor of one State. In time of war, such advantage might be used to the destruction and overthrow of the whole country and its institutions.

§ 3. If States were permitted to enter into compacts or agreements with each other, they might make such arrangements as would wholly neutralize the powers of Congress to regulate commerce among the States. These compacts and agreements between the States might be so extended as that one half the number would be arrayed against the other half. Endless domestic discord would result by consequence.

ART. II.-COMMERCIAL.

1. No State shall coin money; nor,

2. Emit bills of credit; nor,

3. Make any thing but gold and silver coin a tender in pay

ment of debts; nor,

4. Pass any law impairing the obligation of contracts. 51.

§ 1. These are all commercial prohibitions. The power to coin money is confided to the General Government. Were the States invested with it, the effect would be "to multiply expensive mints, and diversify the forms and weights of the circulating coins." This would destroy all hope of uniformity of currency, and would seriously cripple and embarrass the interests of commerce.

§ 2. By bills of credit, as here used, is meant engagements to pay money, circulating as money, for payment of which the State is pledged. As the power to coin money is denied to the States, certainly they should not be allowed to issue a paper medium to take the place of gold and silver.

§ 3. At the close of the Revolutionary War, and for some years afterwards, the whole country was flooded with a nearly worthless paper currency. True, it was issued under the direction of Congress; but it was done with the expectation that the States would each provide for the redemption of their respective proportions of this paper currency. The first issue was in 1775, and to the amount of three millions. Congress asked the States to provide for its redemption; but it was never done. This paper money depreciated constantly, notwithstanding Congress passed the most stringent laws to sustain it, even going so far as to denounce those who should refuse to receive it at par as "enemies to the liberties of the United States."

§ 4. Four years after the first issue, the amount of paper circulation was upwards of one hundred and sixty millions; and, a few years after that, it was extended beyond three hundred and fifty millions. The States still failed to comply with the requisitions of Congress to make provisions for the redemption of this "Continental currency," as it was called. One dollar in gold or silver was worth from forty to a hundred dollars of these paper promises; and finally the Continental currency became so utterly worthless, that it ceased altogether to circulate.

§ 5. These were the experiences that led the authors of the Constitution to insert this clause, prohibiting the States from emitting bills of credit. It should be stated here, that the States themselves also had largely issued bills of credit, which had become worthless.

"It was, therefore, the object of the prohibition," as Judge Story says, "to cut up the whole mischief by the roots, because it had been deeply felt throughout all the States, and had deeply affected the prosperity of all.”

§ 6. The States are also forbidden to pass any laws making any thing but gold and silver coin a tender in payment of debts. This prohibition has the same general object in view as the preceding clauses. It is intended to give uniformity and stability to the cur rency of the country, and to establish confidence in commercial trans actions. Before the adoption of the Constitution, laws of various kinds had been passed by some or all of the States, requiring creditors to take worthless, or nearly worthless, property in payment of debts, at exaggerated and fictitious appraisement.

§ 7. Though a State can not make any thing but gold and silver a tender in payment of debts, yet this prohibition does not apply to the General Government. A large part of the present paper circulation of the United States, as well as for several years past, is legal tender. But this is national currency.

§ 8. The States are also prohibited from passing any law impairing the obligation of contracts. But Congress has this authority, and has lately passed a uniform bankrupt law, that is, uniform throughout all the States; the same in one State as in another. A contract may be defined, an agreement between two or more parties competent to contract, based on a sufficient consideration, each promising to do or not to do some particular thing possible to be done, not enjoined or prohibited by law.

1st. The parties must be competent to contract; that is, of proper

age, sound mind, not under duress, nor alien enemies.

2d. There must be a sufficient consideration, though this need not always be a money consideration. Previous moral or legal obligation may be sufficient; or the promise of one party may be sufficient ground for the promise of the other.

3d. The thing to be done must be possible. A contract to build a city in a day would be void for impossibility.

4th. The thing to be done must not be such as the law already en joins, as that the party promises to properly observe the Sabbath or to provide for his family.