w making _worse_
such an act, either by declaring criminal that which was not so regarded
in law when committed, or by increasing the penalty and applying it to the
act previously performed.

But a law may be passed making _better_, in a sense, some previous act.
That is, an unforseen but imperative necessity may call for the doing of
something which is not unlawful, but which needs, yet has not received,
the sanction of law. This act may _afterwards_ be _legalized_ by the
legislature.

The things forbidden by this clause would, if permitted, render unsafe all
those personal rights for the security of which the constitution was
framed and the government founded.

_Clause 4.--Direct Taxes_

_No capitation or other direct tax shall be laid, unless in proportion to
the census or enumeration hereinbefore directed to be taken._

This clause emphasizes the first sentence of clause three, section two, of
this article. It was _intended_ to prevent the taxation of the _two-fifths
of the slaves_ not enumerated for representation, and was evidently
inserted as a concession to the slave states. But the abolition of slavery
takes from the clause all force except that mentioned at the beginning of
this paragraph.

No capitation tax (that is, so much _per head_) has ever been levied by
the general government.

_Clause 5.--Duties on Exports._

_No tax or duty shall be laid on articles exported from any state._

This was designed to prevent discrimination against any state or section.

Though the question has never been judicially determined, it is generally
understood that since anything exported must be exported from some state
(or territory), this clause prohibits _all_ export duties.

_Clause 6.--Commercial Restrictions._

_No preference shall be given by any regulation of commerce or revenue to
the ports of one state over those of another; nor shall vessels bound to
or from one state, be obliged to enter, clear or pay duties in another._

This provision has the same object in view as that which requires duties
to be uniform--the impartial treatment of the several states. It shows,
too, the fear felt by many that the general government _might_ show
partiality.

The latter part of the clause virtually establishes free trade among the
states.

_Clause 7.--Care of Public Funds._

_No money shall be drawn from the treasury but in consequence of
appropriations made by law; and a regular statement and account of the
r