As,  for  instance,  Congress  shall  make  no
law  respecting  an  establishment  of  relig-
ion, or  prohibiting  the  free  exercise  there-
of; no  title  of  nobility  shall  be  granted;
no  bill  of  attainder  or  ex  post  facto  law
shall  be  passed;  neither  shall  the  validity


of  contracts  be  impaired,  nor  shall  prop-
erty be  taken  without  due  process  of  law;
nor  shall  the  freedom  of  speech  or  of  the
press  be  abridged;  nor  shall  slavery  exist
in  any  place  subject  to  the  jurisdiction
of  the  United  States.  These  limitations
are  placed  upon  the  exercise  of  the  legis-
lative power  without  regard  to  the  place
or  the  people  for  whom  the  legislation  in  a
given  case  may  be  intended."

That  is  to  say,  every  general  constitu-
tional limitation  of  the  powers  of  Congress
applies  to  the  Territories.  The  brief
schedule  of  these  limitations  given  by  the
committee  are  all  put  in  the  negative
form,  "Congress  shall  not";  but  surely
it  was  not  meant  that  there  may  not  be
quite  as  effective  a  limitation  by  the  use
of  the  affirmative  form.  If  a  power  is
given  to  be  used  in  one  way  only,  all
other  uses  of  it  are  negatived  by  necessary
implication.  When  it  is  said,  "  All  duties,
imposts,  and  excises  shall  be  uniform
throughout  the  United  States,"  is  not  that
the  equivalent  of  "  No  duty  or  excise  that
is  not  uniform  shall  be  levied  in  the
United  States  "?  And  is  not  the  first  form
quite  as  effective  a  limitation  of  the  legis-
lative power  over  the  subject  of  indirect
taxation  as  that  contained  in  the  fourth
clause  of  the  section  is  upon  the  power
to  lay  direct  taxes?

In  the  latter  the  negative  form  is  used,
thus:

"  No  capitation  or  other  direct  tax  shall
be  laid,  unless  in  proportion  to  the  census
of  enumeration  hereinbefore  directed  to  be
taken."

This  discrimination  between  express  and
implied  limitations,  benevolently  attempt-
ed to  save  for  the  people  of  the  Terri-
tories the  bill  of  rights  provision  of  the
Constitution,  will  not,  I  think,  endure
discussion.
