ders an act punishable in a manner, in which it was not punishable, when it was committed."[1] Such a law may inflict penalties on the person, or may inflict pecuniary penalties, which swell the public treasury.[2] Laws, however, which mitigate the character, or punishment of a crime already committed, may not fall within the prohibition, for they are in favour of the citizen.[3]
§ 1340. The next clause (passing by such, as have been already considered) is, "No money shall be drawn from the treasury but in consequence of appropriations made by law. And a regular statement and account of the receipts and expenditures of all public money shall be published from time to time."
§ 1341. This clause was not in the original draft of the constitution; but the first part was subsequently introduced, upon a report of a committee; and the latter part was added at the very close of the convention.[4]
§ 1342. The object is apparent upon the slightest examination. It is to secure regularity, punctuality, and fidelity, in the disbursements of the public money. As all the taxes raised from the people, as well as the revenues arising from other sources, are to be applied to the discharge of the expenses, and debts, and other engagements of the government, it is highly proper, that congress should possess the power to decide, how and when any money should be applied for these purposes. If it were otherwise, the executive would- ↑ Fletcher v. Peck, 6 Cranch, 138; S. C. 2 Peters's Cond. R. 322.
- ↑ Id.
- ↑ Rawle on Constitution, ch. 10, p. 119; 1 Tuck. Black. Comm. App. 293; 1 Kent. Comm. Lect. 19, p. 381, 382; Sergeant on Constitution, ch. 28 [ch. 30]; Calder v. Bull, 3 Dall. R. 386.
- ↑ Journal of Convention, 219, 328, 345, 358, 378.
