Page:Harvard Law Review Volume 12.djvu/403

383 THE STATUS OF OUR NEW TERRITORIES. 383 extended over it; and it may not be easy to show that it has ever ceased to extend over it. The object of the 9th Section of Art. i is to prohibit Congress from doing certain things which it would otherwise have had the power to do under the several grants in the 8th section. Its object was, therefore, the same as that of the limitations contained in Section 8, and hence it would be as irrational to give Section 9 a more extensive operation, in respect to territory, than Section 8 has as it would be to give to the limitations upon the power of Congress imposed by Section 8 upon the grants contained in that section a more extensive operation than the grants themselves have. An examination of the different subsections of Section 9 (other than subsection i, which, having ceased to be operative, may be passed over) will lead to the same conclusion. Thus, subsection 2 provides that the writ of Habeas Corpus shall not be suspended, except under special circumstances; subsection 3, that no bill of attainder or ex post facto law shall be passed ; subsection 4, that all "capitation or other direct" taxes which shall be laid shall be apportioned among the States according to the respective num- bers of their inhabitants, i. e., shall neither be laid upon property without reference to State lines, nor apportioned among the States according to their property;^ subsection 5, that no tax or duty shall be laid on articles exported from any State; subsection 6, that no preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another, and that no vessel bound to or from one State shall be obliged to enter, clear, or pay duties in another; subsection 7, that no money shall be drawn from the Treasury but in consequence of appropriations made by law, and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time; and subsection 8, that no title of nobility shall be granted by the United States, and that no person holding any office of trust or profit under them shall accept of any present, emolument, office, or title from any King, Prince, or foreign State. Of these seven subsections, no one discloses any intention to make it operative over a greater extent of territory than any of the others, and it must, therefore, be assumed that the intention was, be raised, from time to time, was to be apportioned among the States according to the aggregate value of the land in the States respectively, exclusive of crown lands.
 * By Article 8 of the Confederation, the amount of money required by Congress to