But as the success of Americans in withstanding the unconstitutional pretensions of the crown was greatly favoured by the barrier of the ocean, so the success of Englishmen in defying the enemies of their freedom has no doubt been greatly favoured by the barrier of the British channel.

Many declared it would be "unconstitutional" for the United States to send troops to Europe.

JOHNSON.' 'November 28, 1783.' I consulted him on two questions of a very different nature: one, whether the unconstitutional influence exercised by the Peers of Scotland in the election of the representatives of the Commons, by means of fictitious qualifications, ought not to be resisted;the other, What, in propriety and humanity, should be done with old horses unable to labour.

I deem it to be both inexpedient and unconstitutional.

Under these circumstances I have deemed it but fair to inform Congress that whilst I do not consider the bill unconstitutional, this is only because, in my opinion, Congress did not intend by the language which they have employed to interfere with my absolute authority to order Captain Meigs to any other service I might deem expedient.

It has been alleged, I think without sufficient cause, that this clause is unconstitutional because it has created a new office and has appointed Captain Meigs to perform its duties.

He will defend them to the last extremity against any unconstitutional attempt, come from what quarter it may, to abridge the constitutional rights of the Executive and render him subservient to any human power except themselves.

I therefore, in the name and as the representative of this great people, and standing upon the ramparts of the Constitution which they "have ordained and established," do solemnly protest against these unprecedented and unconstitutional proceedings.

Let us trust that the State legislatures will repeal their unconstitutional and obnoxious enactments.

Soon afterwards, on the 8th June, 1787, when incidentally adverting to the subject, he said: "Any government for the United States formed on the supposed practicability of using force against the unconstitutional proceedings of the States would prove as visionary and fallacious as the government of Congress," evidently meaning the then existing Congress of the old Confederation.

But the evil tendency of the particular doctrine adverted to, though sufficiently serious, would be as nothing in comparison with the pernicious consequences which would inevitably flow from the approbation and allowance by the people and the practice by the Senate of the unconstitutional power of arraigning and censuring the official conduct of the Executive in the manner recently pursued.

But against the dangers of unconstitutional acts which, instead of menacing the vengeance of offended authority, proffer local advantages and bring in their train the patronage of the Government, we are, I fear, not so safe.

I rely upon the intelligence and candor of my fellow-citizens, in whose liberal indulgence I have already so largely participated, for a correct appreciation of my motives in interposing as I have done on this and other occasions checks to a course of legislation which, without in the slightest degree calling in question the motives of others, I consider as sanctioning improper and unconstitutional expenditures of public treasure.

It is now, however, my solemn conviction that I ought no longer, from any motive nor in any degree, to yield to these unconstitutional demands.

In December, 1831, the committee on the District, Dr. Doddridge of Va., Chairman, reported, "That until the adjoining states act on the subject, (slavery) it would be (not unconstitutional but) unwise and impolitic, if not unjust, for Congress to interfere."

We subjoin, however, the following: The Vice-President of the United States in his speech on the Missouri question, quoted above, after contending that the restriction of slavery in Missouri would be unconstitutional, declares, that the power of Congress over slavery in the District "COULD NOT BE QUESTIONED."

If then the prayer contained nothing unconstitutional, he trusted the meritorious effort would not be frustrated.

The petition prayed, in general terms, for the interference of congress, so far as they were constitutionally authorized; but even if its prayer was, in some degree, unconstitutional, it might be committed, as was the case on Mr. Churchman's petition, one part of which was supposed to apply for an unconstitutional interference by the general government.

The petition prayed, in general terms, for the interference of congress, so far as they were constitutionally authorized; but even if its prayer was, in some degree, unconstitutional, it might be committed, as was the case on Mr. Churchman's petition, one part of which was supposed to apply for an unconstitutional interference by the general government.

Mr. Tucker moved to modify the first paragraph by striking out all the words after the word opinion, and to insert the following: that the several memorials proposed to the consideration of this house, a subject on which its interference would be unconstitutional, and even its deliberations highly injurious to some of the States in the Union.

Coming to matters of court procedure, in 1890 one State provides that there should never be called more than six witnesses for each side in any criminal case, which oddly reminds one of early English trials by compurgation; but is, of course, quite unconstitutional in this country.

The Colorado statute for a three-fourths verdict is held unconstitutional.

Charity includes a largely increased recreation for the people, State provision for many more classes of the invalid and incompetent, specialized homes for various sorts of infirm or inebriate, and some little charity in the guise of bounties of seed, etc., to needy farmers, which latter, however, have usually been held unconstitutional.

In 1899 Michigan declares the municipal ownership of street railways unconstitutional, but Nevada passes a statute for municipal ownership of telephone lines.

A law similar to the latter was declared unconstitutional by the Massachusetts Supreme Court.