void; and of its opposition to the spirit of the Constitution, is too abstract and intangible for application to courts of justice, and is, above all, dangerous as a ground on which to declare the legisla tion of Congress void by the decision of a court. It would authorize this court to enforce theoretical views of the genius of the Government, or vague notions of the spirit of the Constitution and of abstract justice, by declaring void laws which did not square with those views. It substitutes our ideas of policy for judicial construction, an undefined code of ethics for the Constitution, and a court of justice for the national legislature.

Although, this language was used in a dissenting opinion, the views of the minority were subsequently adopted as the conclusion of the court in the Legal Tender cases (12 Wall., 457), and in the Legal Tender case (110 U. S., 421). It was in the last-named case that Mr. Jus tice Gray, speaking for the court, said (p. 439):

A constitution, establishing a frame of government, declaring fundamental principles, and creating a national sovereignty, and intended to endure for ages, and to be adapted to the various crises of human affairs, is not to be interpreted with the strictness of a private contract. JOHN K. RICHARDS, Solicitor-General.

JANUARY 31, 1901.

APPENDIX.

ASSENT OF CONGRESS TO THE ACTS OF STATES LAYING TONNAGE DUTIES, ETC., FROM 1790 TO 1847.

By the act of August 11, 1790 (1 Stat., 184), Congress gave its assent to acts of the States of Rhode Island and the Providence Plantations, Maryland, and Georgia, which levied certain tonnage duties for the purpose of improving harbors, etc., which were to remain in force until January 10, 1791.

By the act of January 10, 1791 (1 Stat., 189), this privilege was con tinued in force so far as respects Georgia and Rhode Island and the Providence Plantations, for one year and until the end of the next session of Congress.

By the act of February 9, 1791 (1 Stat., 190), Congress gave its assent to an act of Maryland providing for the collection of certain duties for the benefit of the port of Baltimore, by the port wardens, to remain in force for one year and until the then next session of Congress.

The act of March 19, 1792 (1 Stat., 243), continues in force the above acts for the period of three years, and then until the end of the next session of Congress.

The act of June 9, 1794 (1 Stat., 393), assents to an act of Maryland which authorized the health officer at Baltimore to collect a tonnage tax of 1 cent per ton on all vessels coming into that district from foreign voyages. The act was to continue in force until the next session of Congress.

The act of March 2, 1795 (1 Stat., 425), assents to three acts of Maryland levying taxes for improving harbors, etc., they to continue in force until the next session of Congress.

The act of May 12, 1796 (1 Stat., 463), continues in force for three years certain acts of Georgia and Rhode Island and the Providence Plantations, and gives its assent to an act of Maryland, all imposing tonnage duties for the improvement of harbors, etc.

The act of March 27, 1798 (1 Stat., 546), gives assent to an act of Massachusetts giving to certain persons in that State permission to collect tonnage dues for keeping in repair a pier at the mouth of the Kennebunk River.

The act of March 17, 1800 (2 Stat., 18), assents to acts of Maryland and Georgia laying tonnage duties on vessels, for the purpose of improving rivers and harbors, etc., the act to continue in force until March 3, 1808.

The act of February 27, 1801 (2 Stat., 103), assents to act of Maryland which appoints a health officer for the port of Baltimore and lays a duty of 1 cent per ton on all vessels coming into that district, the act to operate for three years and until the end of the next session of Congress thereafter.

The act of April 14, 1802 (2 Stat., 152), assents to an act of Virginia consolidating several acts of that State for improving the Appomattox River.

The act of March 16, 1804 (2 Stat., 269), assents to the act of Virginia providing for the improvement of the James River.

The act of March 1, 1805 (2 Stat., 316), further extends the act of Maryland providing for the appointment of a health officer at Baltimore and imposing certain tonnage duties for nine years and until after the end of the next session of Congress thereafter. By the act of February 26, 1806 (2 Stat., 353), Congress assented to an act of Pennsylvania laying a duty of 4 cents per ton on all vessels clearing from Philadelphia for foreign ports, the fund to be used for improving the Delaware River, etc.

The act of March 27, 1806 (2 Stat., 357), grants assent to an act of the State of South Carolina providing for the imposition of a tonnage duty on ships, so far as it extended to authorizing the city of Charleston to levy a duty not exceeding 6 cents per ton on all ships and vessels of the United States which shall arrive from any foreign port or place whatever," to continue for three years and until the end of the next session of Congress thereafter. The act of April 20, 1808 (2 Stat., 484), assents to the operation of acts of Maryland and Georgia imposing tonnage duties until March 3, 1814.

The act of June 15, 1809 (2 Stat., 549), continues for five years the act of the State of South Carolina authorizing the city of Charleston to collect tonnage duties of vessels of the United States coming from foreign ports.

The act of March 2, 1811 (2 Stat., 658), consents to the act of Georgia which authorizes the collection of duties or fees for the harbor master and health officer at the ports of Savannah and St. Marys, the act to continue in force one year.

The act of March 3, 1813 (2 Stat., 820), assents to the continuance in operation of the last above-recited act for a further period of one year and until the next session of Congress thereafter.

The act of April 16, 1814 (3 Stat., 125), consents to the continuance in force of the acts of Georgia and Maryland (heretofore described) imposing tonnage duties, until March 3, 1822. The act exempts steam vessels carrying passengers.

The act of April 26, 1816 (3 Stat., 301), assents to the act of Virginia incorporating a company for improving the James River from Warwick to Rocketts Landing.

The act of April 29, 1816 (3 Stat., 331), assents to any act of South Carolina now in existence or which may hereafter be passed. authorizing Charleston to collect not exceeding 10 cents per ton on vessels of the United States coming from foreign ports; and to the act of Georgia laying a similar duty of not exceeding 4 cents per ton; the first act for the benefit of sick seamen in the marine hospital, the second for payment of fees of harbor master and health officer at Savannah and St. Marys. The act to continue in force five years and from thence to the end of the next session of Congress.

The act of April 4, 1818 (3 Stat., 417), gives assent to an act of North Carolina for the relief of sick and disabled American seamen, and is to continue in force for five years.

The act of April 20, 1822 (3 Stat., 665), assents to the continuance in force until March 3, 1828, the acts of Maryland and Georgia, imposing certain tonnage duties. But steam vessels carrying pas sengers are exempted.

The act of May 7, 1822 (3 Stat., 633), continues in force for three years, and to the end of the next session of Congress thereafter, the acts of South Carolina and Georgia, imposing tonnage duties. heretofore recited.

The act of May 13, 1824 (4 Stat., 23), declares the assent of Congress to an act of Alabama authorizing the improvement of the Coosa River, etc.

The act of March 3, 1825 (4 Stat., 94), assents to an act of Virginis for improving the Appomattox River, etc.

The act of March 10, 1828 (4 Stat., 254), assents to the continuance in force until March 3, 1838, of the act of Maryland, imposing tonnage duties on vessels, etc., but excepts steam vessels carrying

passengers.

The act of May 24, 1828 (4 Stat., 308), assents to an act of Alabama entitled "An act to incorporate the Catawba Navigation Company." The act of July 13, 1832 (4 Stat., 573), assents to an act of North Carolina incorporating the "Roanoke Inlet Company," and for other purposes, and to extend to other acts which may thereafter be passed in continuance of these acts, etc.

The act of March 19, 1838 (5 Stat:, 215), continues in force the act of Maryland, which imposed certain tonnage duties at the port of Baltimore, until March 3, 1843, but exempts steam vessels carrying passengers, etc.

The act of March 3, 1847 (9 Stat., 204), assents to an act of Virginia incorporating a company to remove the bars in the James River. and authorizing it to collect tolls on vessels navigating the river, Congress reserving the right to terminate its consent at any time.