MUNICIPAL TAXATION — WHY AND HOW. 37 



laws shall be passed regulating or restraining the freedom of the press; and 

 in prosecutions for any publication respecting the official conduct of men 

 in public capacity, or the qualifications of those who are candidates for 

 the suffrages of the people, or where the matter published is proper for 

 public information, the truth thereof may be given in evidence, and in all 

 indictments for libels, the Jury, after having received the direction of the 

 Court, shall have a right to determine, at their discretion, the law and the 

 fact. 



Sec. 5. The people shall be secure in their persons, houses, papers, 

 and possessions, from all unreasonable searches and seizures ; and no 

 warrant to search any place, or seize any person or thing, shall issue 

 without a special designation of the place to be searched, and the person 

 or thing to be seized, nor without probable cause — supported by oath or 

 affirmation. 



These declarations would be mere idle words unless they emanated 

 from some source or power able to enforce them. The}" are the 

 authoritative utterances of the State, to every man, woman and 

 child within its limits. The State is the collection of persons occu- 

 P3'ing certain territory and having a legislative and executive organ- 

 ization, and in the ordinary and proper sense of the word is described 

 as an independent or sovereign State ; and this is true of the States 

 of the American Union with this qualification, "that in order to form 

 a more perfect union, establish justice, insure domestic tranquility, 

 provide for the common defence, promote the general welfare, and 

 secure the blessings of liberty to ourselves and our posterity" each 

 one of the United States delegated to the Congress of the United 

 States or was admitted into the sisterhood of States invested with 

 all other powers than the following. The Constitution of the United 

 States reads as follows : 



Sect. 8. The congress shall have power, — To lay and collect taxes, 

 duties, imports, and excises, to pay the debts, and provide for the com- 

 mon defense and general welfare of the United States; but all duties, 

 imposts, and excises shall be uniform throughout the United States; — To 

 borrow money on the credit of the United States; — To regulate com- 

 merce with foreign nations, and among the several States, and with the 

 Indian tribes; — To establish a uniform rule of naturalization, and uniform 

 laws on the subject of bankruptcies, throughout the United States; — To 

 coin money, regulate the value thereof and of foreign coin, and fix the 

 standard of weights and measures; — To provide for the punishment of 

 counterfeiting the securities and current coin of the United States; — To 

 establish post-offices and post-roads ; — To promote the progress of science 

 and useful arts, by securing for limited times to authors and inventors the 

 exclusive right to their respective writings and discoveries ; — To consti- 



