Gambar halaman

Art. 1. Sect. 8.

dent pro tem.




Art. 1. Sect. 4.

Election of members of congress,


12. The senate shall choose their other officers, and also a president pro tempore, Officers and presi. in the absence of the vice-president, or when he shall exercise the office of presi

dent of the United States.

13. The senate shall have the sole power to try all impeachments. When sitTrial of impeach- ting for that purpose, they shall be on oath or affirmation. When the president

of the United States is tried, the chief justice shall preside;(w) and no person shall be convicted without the concurrence of two-thirds of the members pres. ent.(2)

14. Judgment in cases of impeachment shall not extend further than to removal Judgment.

from office, and disqualification to hold and enjoy any office of honor, trust or profit, under the United States; but the party convicted shall nevertheless be Îiable and subject to indictment, trial, judgment and punishment according to law,

15. The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof;(y) but the congress may at any time, by law, make or aster such regulations, (z) except as to the places of choosing senators.

16. The congress shall assemble at least once in every year; and such meeting To meet annually. different day.(a)

shall be on the first Monday in December, unless they shall, by law, appoint a

17. Each house shall be the judge of the elections, returns and qualifications of its own members,(6) and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide.

18. Each house may determine the rules of its proceedings, punish its memPower to punish

bers(c) for disorderly behavior, and with the concurrence of two-thirds, expel a and expel.


19. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal.

20. Neither house, during the session of congress, shall, without the consent of

the other, adjourn for more than three days, nor to any other place than that in Adjournment.

which the two houses shall be sitting.

21. The senators and representatives shall receive a compensation for their serCompensation.

vices, to be ascertained by law, and paid out of the treasury of the United States.

They shall, in all cases, except treason, felony and breach of the peace,(e) be Privileges. privileged from arrest,(9) during their attendance at the session of their respective

houses, and in going to, and returning from, the same ;(h) and for any speech or debate in either house, they shall not be questioned in any other place.

Art. 1. Sect. 5.

Powers of each house.



Yeas and nays.


Art. 1. Sect. 6.


(w) When the chief justice presides in the senate, certificate of election, does not prejudice the right of on the impeachment of the president, he is a constitu- one who may be entitled to a seat. Richards's Case, ent member of the court, and has a right to vote as Ibid. 95. such. 1 Johns. Trial 185, 187. S. P. Bank of Utica v. (C) It was decided in Kilbourn v. Thompson, 103 Wager, 8 Cow. 398. Anon., Ibid. 761. Case of Lieu. U. S. 168, that no mere legislative body, without juditenant-Governor, 2 Wend. 213.

cial powers, can convict for a contempt, one who is (2) A judgment of impeachment in the English neither a member nor an officer of the house; citing house of lords, requires that at least twelve of the Kielley v. Carsin, 1 Moo. P. C. 63, where it was determembers should concur in it. And “ a verdict by less mined by the judicial committee of the privy council, than twelve would not be good.” Com. Dig. Parlia- that no such power was possessed by the legislative ment, L. 17.

assembly of Newfoundland; and the older cases to the (1) Where the legislature of a state have failed to contrary were overruled. The same point was re"prescribe the times, places and manner" of holding affirmed in Fenton v. Hampton, 11 Moo, P. C. 347, elections, as required by the constitution, the governor and Doyle v. Falconer, 4 Moo. P. C. (N. S.) 770. See may, in case of a vacancy, in his writ of election, give also, Burnham v. Morissey, 14 Gray 226. notice of the time and place of election; but

(d) It seems to be settled, that a member may be able time ought to be allowed for the promulgation of expelled for any misdemeanor, which, though not the notice. Hoge's Case, 1 Cong. Elect. Cas. 135. punishable by any statute, is inconsistent with the

(z) In the exercise of such supervisory power, con- trust and duty of a member. Blount's Case, cited 1 gress may impose new duties on the otticers of elec- Story Const. § 838. And see Smith's Case, 1 Hall L. J. tion, or additional penalties for breach of duty, or for 459. the perpetration of fraud; or provide for the attend- (e) This would seem to extend to all indictable ance of officers to prevent frauds, and see that the offences, as well those which are in fact attended elections are legally and fairly conducted. Ex parte with force and violence, as those which are only conSiebold, 100 U. S. 372. Ex parte Clarke, Ibid. 399. structive breaches of the peace of the government, inCivil Rights Cases, 109 Ibid. 3. United States v. asmuch as they violate its good order. 1 Bl. Com. Gale, Ibid. 65. United States v. Bader, 4 Woods. 189. 166. 1 Story Const. § 865. But see Bullard's Case, 4 See 1 R. S. § 15-19, for the mode of electing senators. W. N, C. 510. By $ 23, members of the house of representatives are (9) They are privileged not only from arrest both to be elected by single districts.

on judicial and mesne process, but also from the ser(a) The constitutional term of congress does not vice of a summons or other civil process while in atexpire until 12 o'clock at noon on the 4 March. 11 tendance on their public duties. Geyer's Lessee v. Stat. App'x, ii.

Iruin, 4 Dall. 107. Nones v. Edsall, 1 Wall. Jr. (6) The returns from the state authorities are C. C. 191. 1 Story Const. § 860. See Coxe v. Mcprimâ facie evidence only of an election, and are not Clenachan, 3 Dall. 478. United States v. Cooper, 4 conclusive upon the house. Spaulding v. Mead, 1 Dall, 311. Respublica v. Duane, 4 N. Y. 347. Contrà, Cong. Elect. Cas. 157. Reed v. Cosden, Ibid. 353. Kimberley v. Butler, 1 Chicago Leg. News 245. And the refusal of the executive of a state to grant a (h) They are privileged only while at congress, or

Art. 1. Sect. 6.

Art. 1. Sect. 7.

Revenue bills.


22. No senator or representative shall, during the time for which he was elected, be appointed to any civil office(i) under the authority of the United States, which Exclusion from shall have been created, or the emoluments whereof shall have been increased, ottice. during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office.(k)

23. All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments as on other bills.

24. Every bill which shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the president of the United

Manner of passing States; if he approve, he shall sign it,(1) but if not, he shall return it, with his bills. objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such Veto power. reconsideration, two-thirds(m) of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the congress, by their adjournment, prevent its return, in which case it shall not be a law.

25. Every order, resolution(n) or vote, to which the concurrence of the senate and house of representatives may be necessary (except on a question of adjourn- Joint orders, resoment), shall be presented to the president of the United States : and before the lutions, &c. same shall take effect, shall be approved by him, or being disapproved by him, shall be re-passed by two-thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill.

26. The congress shall have power,

To lay and collect taxes, duties, imposts and excises,(o) to pay the debts, and provide for the common defence and general welfare of the United States;(p) but General powers. all duties, imposts and excises shall be uniform throughout the United States :

To borrow money on the credit of the United States :(9)

To regulate commerce(r) with foreign nations,(s) and among the several states, (1) Commerce. and with the Indian tribes :(u)


Art. 1. Sect. 8.


actually going to, or returning therefrom. Lewis v. or duly passed without his approval, has all the effect Elmendorf, 2 Johns. Cas. 222. See Colvin v. Morgan, of law. But separate resolutions of either house of 1 Ibid. 415. Corey v. Russell, 4 Wend. 204. Res- congress, except in matters appertaining to their own publica v. Duane, 4 Yeates 347. But one who goes to parliamentary rights, have no legal effect to constrain Washington, duly commissioned to represent a state the action of the president or of the heads of departin congress, is privileged from arrest, eundo, morando ments. 6 Opin. 680. et redeundo, and though it be subsequently decided by (0) The power to levy and collect taxes, duties, congress that he is not entitled to a seat there, he is imposts and excises, is coextensive with the territory protected, until he reaches home, if he return as soon of the United States. Loughborough v. Blake, 5 as possible after such decision. Dunton v. Halstead, Wheat. 317. And see Cherokee Tobacco, 11 Wall. 616. 2 Clark 450. See Hoppin v. Jenckes, 8 R. I. 453.

(p) Congress is not empowered to tax for those (i) The acceptance by a member of any office purposes which are within the exclusive province of the under the United States, after he has been elected to, states. Gibbons v. Ogden, 9 Wheat. 199. A tax for and taken bis seat in, congress, operates as a forfeiture a private purpose is unconstitutional; a public use or of his seat. Van Ness's Case, 1 Cong. Elect. Cas. 122. purpose is essential to the idea of tax. Whiting v. So does the acceptance of a military commission in a Sheboygan Railway Co., 25 Wis. 167. volunteer regiment mustered into the service of the (9) The states have no power to tax the loans United States. Yell's Case, 2 Cong. Elect. Cas. 93. of the United States. Weston v. City Council of Byington v. Vandever, Ibid. 395.

Charleston, 2 Pet. 449, 465. People v. Commissioners (k) Continuing to execute the duties of an office of Taxes, 2 Bl. 620. Bank Tax Case, 2 Wall. 200. under the United States, after one is elected to con- Carroll v. Perry, 4 McLean 26. Nor an officer of the gress, but before he takes his seat, is not a disqualifica- United States for his office or emoluments. Dobbins tion; such office being resigned prior to the taking of v. Erie County, 16 Pet. 435. See Melcher v. City of the seat. Hummond y. Herrick, 1 Cong. Elect. Cas. Boston, 9 Law Rep. 110. But congress has no power 287. Earle's Case, Ibid. 314. Mumford's Case, Ibid. to exempt property from taxation, unless it be made 316.

so by the constitution. People v. Hoffman, 37 N. Y. (1) Every bill takes effect as a law, from the time As to taxation of ferry companies between states, when it is approved by the president, and then its ef- see Gloucester Ferry Co. v. Penn., 114 U. S. 186. fect is prospective and not retrospective. The doc- (r) The power of congress to regulate commerce trine that, in law, there is no fraction of a day, is a is exclusive, at least, in all cases where the subjects mere legal fiction, and has no application in such a over which it is exercised are, in their nature, nacase. Matter of Richardson, 2 Story 571. People v. tional, or admit of one uniform system or plan of regCampbell, 1 Cal. 400. But this is denied to be law. ulation. Kaeiser v. Ilinois Centrul Railroad Co., 5 Watter of Welman, 20 Vt. 653. Matter of Howes, 21 McCreary 496; and for that purpose it reaches the Ibid. 619.

interior of every state of the Union. Guy v. Balti(m) On the 7th July 1856, the senate of the more, 100 U. S. 4:34. This power, like all others vested United States decided, by a vote of thirty-four to in congress, is complete in itself, may be exercised to seven, that two-thirds of a qnorum only were requisite its utmost extent, and acknowledges no limitations to pass a bill over the president's veto, and not two- other than are prescribed in the constitution. Gibthirds of the whole senate. 9 Law Rep. 196. In the bons v. Ogden, 9 Wheat. 196. Pacific Coast Steamratification of treaties, it is expressly provided, that ship Co. v. Commissioners, 9 Sawy. 253. Commerce two-thirds of the senators present shall concur. And with foreign nations, and among the several states, see Cushing's Law of Legislative Assemblies, $ 2387. can mean nothing more than intercourse with those 9 Opin. 410.

nations, and among those states, for the purposes of (n) A joint resolution, approved by the president, trade, be the object of the trade what it may; and


Art. 1. Sect. 8. To establish a uniform rule of naturalization ;(v) and uniform laws on the subject Naturalization.

of bankruptcies throughout the United States :(w) Bankruptcy. this intercourse must include all the means by which United States has no power to restrain, by injunetion, it can be carried on, whether by the free navigation the erection of a bridge over a navigable river, lying of the waters of the several states, or by a passage wholly within the limits of a particular state, when over-land through the states, where such passage such erection is authorized by the legislature of the becomes necessary to the commercial intercourse state; though a port of entry has been created by between the states. Corfield v. Coryell, 4 W.C.C.378. congress above the bridge. Milnor v. New Jersey Pennsylvania v. Wheeling and Belmont Bridge Co., Railroad Co., 6 Am. L. R. 6. And see Gilman v. 18 How. 421. Columbus Ins. Co. v. Peoria Bridge Co., Philadelphia, 3 Wall. 713. Pound v. Turck, 95 U.S. 6 McLean 70. Columbus Ins. Co. v. Curtenius, Ibid. 459. Woodman v. Kilbourn Man. Co., 1 Biss. 546. 209. Jolly v. Terre Haute Drav-Bridge Co., Ibid. A state law granting the exclusive privilege of nari237. United States v. Railroud Bridge Co., Ibid. 518. gating a part of an unnavigable stream, which is Crandall v. Nevada, 6 Wall. 35. Clinton Bridge, 10 wholly within the state, on condition of rendering Wall. 454; s. c. 16 Am. L. R. 149. See Pennsylvania such part navigable, is not repugnant to the constituRailroad Co. v. Commonwealth, 3 Grant 128. This tion. Veazie v. Moore, 14 How. 568. And see Wilson clause confers the power to impose embargoes, Gib- v. Blackbird Creek Marsh Co., 2 Pet. 251. But a state bons v. Ogden, 9 Wheat. 191. The William, 2 Hall. law that imposes additional restrictions on vessels L. J. 255, 272. To punish crimes upon stranded ves- licensed for the coasting trade is unconstitutional and sels. United States v. Coombs, 12 Pet. 72. And to void. Sinnot v. Darenport, 22 How. 227. Foster v. prohibit the slave trade. United States v. Bates, Davenport, Ibid. 245. So is a state law imposing a Pamph. 129. It does not, however, interfere with the special tax on railroad companies for every passenger right of the several states to enact inspection, quaran- carried through the state, by the ordinary modes of tine and health laws of every description, as well as travel. Crandall v. Nerada, 6 Wall. 35. Minot v. laws for regulating their internal commerce. Gibbons Philadelphia, Wilmington and Baltimore Railroad v. Ogden, 9 Wheat. 203. Nero York v. Miln, 11 Pet. Co., 2 Abb. U. S. 323; s. C. 7 Phila. 555. Clarke v. 102. Commissioners of Pilotage v. Steamboats, 28 Philodelphia, Wilmington and Baltimore Railroad Ala. 185. Shuster v. Åsh, 11 S. & R. 92. Biddle v. Co., 4 Houst. 158. This clause does not confer on con. Commonwealth, 13 Ibid. 405. Nor with their power gress the right to establish and regulate ferries over to regulate pilots. Cooley v. Board of Wardens, 12 rivers which are the boundaries of two or more states. How. 299. Ex parte McNeil, 13 Wall. 236. Wilson v. Conway v. Taylor's Erecutors, 1 Bl. 604. Congress McNamee, 102 U. S. 572. The Clymene, 9 Fed. Rep. may legalize a bridge over a navigable river, which 164; 8. c. 12 Ibid. 346. The Charles A. Sparks, 16 would otherwise be a public nuisance, by declaring Ibid. 480. The Alzena, 13 W. N. C. 63. Nor to pro- that it shall be a lawful structure, and be recognized tect their fisheries. Smith v. Maryland, 18 How. 71. and known as a post-route. Clinton Bridye, 10 Wall. McCready v. Virginia, 94.U. S. 391. Dunham v. 454. Miller v. New York, 109 U. S. 384. The office Lamphere, 3 Gray 268.

license tax imposed under the act 7th June 1879, upon (s) A state law which requires the masters of ves- a foreign railroad corporation engaged in interstate sels engaged in foreign commerce to pay a certain commerce, is in violation of this section. Railroad sum to a state officer, on account of every passenger Co. v. Comm'th, 26 W, N. C. 189; the act 4th June brought from a foreign country into the state, or be- 1883, forbidding discriminations by common carriers, fore landing any alien passenger in the state, conflicts is unconstitutional so far as it undertakes to regulaté with the constitution and laws of the United States. interstate commerce. Wigton v. Railroad Co., 8 C.C. Smith v. Turner, 7 How. 283. And see Steamship 191. The right to import liquor into a state and sell Co. v. Portwardens, 6 Wall. 31. Henderson v. New it therein in its original packages cannot be interfered York, 92 U. S. 259. Compagnie Générale Transat- with by prohibitory or license laws. Leisy v. Hardin, lantique, 107 Ibid. 59. Chy Lung v. Freeman, 92 Ibid. 38 P. L. J. 35 ; see notes in 26 W. N. C. 205, 289; 275. Edye v. Robertson, 112 U. S. 580. People v. Pa- whether a barrel of beer or whiskey in ping bottles cific Moil Steamship Company, 6 Sawyer, 610. So can be sold in single bottles as original packages was does a state law authorizing the seizure and imprison- not decided. Comm'th v. Zelt, 27 W. N. C. 131 ; ment of free negroes brought into any port of the state Comm'th v. Smihart, Ibid. 135; Comm'th v. Penon board of any vessel from any other state or foreign dergast, Ibid. 135. The act 21st May 1885, prohibitport. Elkison v. Delliesseline, 2 Wh. Cr. Cas. 56. The ing the sale of oleomargarine, does not apply to a perCynosure, 1 Spr. 88. The William Jarvis, Ibid. 485. son who has received it from another state and sold it 1 Opin. 659. And so does a state law which requires in its original package. Comm'th v. Paul, 18 L. 1, an importer to take a license and pay $50, before he 4; the Virginia state flour inspection law was deshould be permitted to sell a package of imported clared unconstitutional in Voighi v. Wright, 141 ['.S. goods. Brown v. Maryland, 12 Wheat. 419. See 62. The act 8th April 1861, prohibiting the buying Cook v. Pennsylvania, 97 U. S. 566. Biddle v. Com- of produce in Berks and Franklin counties without à monwealth, 13 S. & R. 405. But a state law imposing license, with intent to send the same for sale to outside a tax on brokers dealing in foreign exchange is not markets, is valid as respects the purchase of goods for repugnant to this clause of the constitution. Nathan sale within this state. Rothermel v. Meyerle, 26 W. v. Louisiana, 8 How. 73. Nor is one imposing a tax N. C. 422. on legacies payable to aliens. Bager v. Grima, 8 (u) Under the power to regulate commerce with How. 490. Nor are the license laws of certain states, the Indian tribes, congress have power to prohibit all forbidding, the sale of spirituous liquors, under less intercourse with them, except under a license. United than certain large quantities. Thurlow v. Massachu- States v. Cisna, 1 McLean 254. See People v. Dibble, setts, 5 How. 501. State v. Almond, 2 Houst. 612. See 21 How. 366. California v. Coleman, 4 Cal. 46–7. Nor a law impos- (v) The power to pass naturalization law's would ing a license tax upon all drummers or travelling seem to be exclusively in congress. Chirac v. Chirac, agents. Ex parte Rudolph, 6 Sawyer 295. Machine 2 Wheat. 268. United States v. Villato, 2 Dall. 372. Co. v. Gage, 100 U. S. 676. Otherwise, if it discrimi- Thurlovy V. Massachusetts, 5 How. 585. Smith v. nate against non-residents. Er parte Watson, 15 Fed. Turner, 7 Ibid. 556. Golden v. Prince, 3 W. C. C. Rep. 511. Ward v. Maryland, 12 Wall. 418. Welton v. 314. A bankrupt, revenue or naturalization law, Missouri, 91 U. S. 275. S. P. Guy v. Baltimore, 100 which, by its terms, is made applicable alike to all Ibid. 434; 116 Ibid. 446.

the states, without distinction or discrimination, is (1) The non-exercise by congress of its power to not unconstitutional, merely beeause its operations regulate commerce among the several states, is equiv- may be wholly different in one state from another. alent to a declaration that it shall be free from any Darling v. Berry, 13 Fed. Rep. 659. restrictions. Welton v. Missouri, 91 U. S. 275. Con- (20) See Mitchell v. Great Works Milling and gress have power to prevent the obstruction of any Manufacturing Co., 2 Story 648. The states have navigable river, which is a means of commerce be- authority to pass bankrupt laws, provided they do tween any two or more states. Works V. Junction not impair the obligation of contracts, and provided Railroad, 5 McLean 426. Jolly v. Terre Haute Draw- there be no act of congress in force to establish an Bridge Co., 6 Ibid. 237. Deroe y. Penrose Ferry uniform system of bankruptcy, conflicting with such Bridge Co., 3 Am. L. R. 79. Woodman v. Kilbourn laws. Sturges v. Crowinsheld, 4 Wheat. 122. VcManufacturing Co., 1 Biss. 546. But a court of the Millan v. McNeill, Ibid. 209. But an act of a state legislature which discharges a debtor from all liability Pet. 218. Hogg v. Emerson, 6 How. 486. Brooks v. for debts contracted previously to his discharge, on Fiske, 15 Ibid. 223. Waterbury Brass Co. v. New his surrendering his property for the benefit of his York and Brooklyn Brass Co., 3 Fish. 43. Union creditors, is invalid, so far as it attempts to discharge Sugar Refinery v. Mathiesson. 2 Cliff. 304.

Art. 1. Sect. 8.




To coin money, regulate the value thereof,(x) and of foreign coin; and fix the standard of weights and measures :(y)

To provide for the punishment of counterfeiting the securities and current coin of Weights, &c. the United States :(2)

Counterfeiting, To establish post-offices and post-roads :(a)

To promote the progress of science and useful arts,() by securing, for limited Patents and times, to authors(c) and inventors, the exclusive right to their respective writings copyrights. and discoveries:

To constitute tribunals inferior to the supreme court :(d). To define and punish piracies(e) and felonies committed on the high seas, and Piracies, &c. offences against the law of nations :

To declare war,(9) grant letters of marque and reprisal, and make rules concerning War. captures on land and water:

To raise and support armies ;(h) but no appropriation of money to that use shall Army. be for a longer term than two years : To provide and maintain a navy :(()

Navy. To make rules for the government and regulation of the land and naval forces :

To provide for calling forth the militia to execute the laws of the Union, suppress Militia. insurrections and repel invasions :(k)

The the contract. Farmers' and Mechanics' Bank v. power of congress to legislate upon the subject of Smith, 6 Wheat. 131. A mere insolvent law, how- patents is plenary, by the terms of the constitution, ever, is not within the prohibition. Ogden v. Saun- and as there are no restraints on its exercise, there can ders, 12 Wheat. 213. Mason v. Haile, Ibid. 370. Boyle be no limitation of their right to modify them at their V. Zacharie, 6 Pet. 318, 635. Beers v. Haughton, 9 pleasure, so that they do not take away the rights of Ibid. 329. And see Suydam v, Broadnar, 14 Ibid. 67. property in existing patents. McClurg v. Kingsland, Cook v. Moffatt, 5 How. 295. Felch v. Bugbee, 48 i How. 206. Therefore, congress has the power to Maine 9.

grant the extension of a patent which has been re(2) Congress have power to issue paper money and newed under the act of 1836. Bloomer v. Stolly, 5 make it a legal tender in payment of pre-existing McLean 158. And see Jordan v. Dobson, 2 Abb. Ü. S. debts. Knox v. Lee, 12 Wall. 457. And that as well 398. Their power to reserve rights and privileges to in time of peace as in time of war. Julliard v. Green- assignees, ou extending the term of a patent, is inman, 110 Ú. S. 421.

cidental to the general power conferred by the consti(y) This does not extinguish the right in the states tution. Blanchard's Gun-Stock Turning Factory v. over the same subject, until congress shall have exer- Warner, 1 Bl. C. C. 258. cised the power conferred. Weaver v. Fegely, 29 (c) In the United States, an author has no excluPenn. St. 27.

sive property in a published work, except under some (2) This power is limited to the coining and stamp- act of congress. Wheaton v. Peters, 8 Pet. 591. And ing the standard of value upon what the government see Jefferys v. Boosey, 4 H. L. Cas. 815. Dudley v. creates or shall adopt, and to punishing the offence of Mayhew, 3 N. Y. 9. Palmer v. De Witt, 47 Ibid. 532. producing a false representation of what may have Bartlett v. Crittenden, 5 McLean 32. Clayton v. Stone, been so created or adopted. Fox v. Ohio, 5 How. 433. 2 Paine 383. Stowe v. Thomas, 2 Wall. Jr. C. C. 564. But congress may provide for punishing the offence of Boucicault v. Hart, 13 Bl. C. C. 47. Donnelly v. bringing into the United States, from a foreign place, Ivers, 20 Ibid. 383. As to the question of copyfalse, forged and counterfeit coins, made in the similis right in reports of legal decisions, see note to 8 Pet. tude of coins of the United States; and also for the 393. punishment of the offence of uttering and passing the (d) See American Insurance Company v. Canter, same. United States v. Marigold, 9 How. 560. The 1 Pet. 516. power to provide for the punishment of counterfeiting (e) The crime of piracy is defined by the law of the current coin of the United States, may be exercised nations with reasonable certainty. United States v. by the several states concurrently with congress. Har Smith, 5 Wheat. 153. lan v. People, 1 Doug. (Mich.) 207. Ex parte True- (g) As a consequence of the power of declaring man, 44 Mo. 181.

war and making treaties, the government possesses (a) It is under this power that congress have the power of acquiring territory either by conquest or adopted the mail regulations of the Union, and punish by treaty. American Ins. Co. v. Canter, 1 Pet. 512. all depredations on the mail. Sturtevants v. City of When the legislative authority has declared war, the Alton, 3 McLean 393. The power to establish post- executive authority to whom its execution is confided, roads, is restricted to such as are regularly laid out is bound to carry it into effect; be has a discretion under the laws of the several states. Cleveland, vested in him, as to the manner and extent; but he Painesville and Ashtabula Ruilroad Co. v. Franklin cannot lawfully transcend the rules of warfare estabCanal Co., 1 P. L. J. 24 Dec. 1853. United States v. lished among civilized nations. Brown v. United Kochersperger, 9 Am. L. R. 148. But see Pennsylvania States, 8 Cr. 153. v. Wheeling and Belmont Bridge Co., 18 How. 421. (h) Congress have a constitutional power to enlist This power is not contined to the instrumentalities minors, in the navy or army, without the consent of of the postal service, known in or in use when the their parents. United States v. Bainbridge, 1 Mas. constitution was adopted, but keeps pace with the 71. Case of Emanuel Roberts, 2 Hall L. J. 192. United progress of the country, and adapts itself to new States v. Stewart, Crabbe 265. Commonwealth v. Murdevelopments of time and circumstances; therefore, tay, 4 Binn. 487. Commonwealth v. Burker, 5 Ibid. congress may provide for the erection of telegraph 423. Comonwealth v. Morris, 1 Phila. 381. Ex parte lines, and confer the right to extend the same through Brown, 5 Cr. C. C. 554. Public policy requires that a the several states, free from state interference. The minor shall be at liberty to enter into a contract to act for that purpose (1 R. S. § 5263) is not limited in serve the state, whenever such contract is not posiits operation to such military and post-roads as are tively forbidden by the state itself. Commonwealth upon the public domain. Pensacola Telegraph Co. v. v. Gamble, 11 S. & R. 94. The King v. Rutherford Western Union Telegraph Co., 96 U. S. 1.

Greys, Barn. & Cres. 315. (6) Patents are entitled to a liberal construction, (i) See Dunes v. Hoover, 20 How. 65. since they are not granted as restrictions upon the (k) The act of 1795, which confers power on the rights of the community, but “to promote the progress president to call forth the militia in certain exigencies, of science and useful arts." Blanchard v. Sprague, is constitutional; and the president is the exclusive 3 Sum. 535; s. c. 2 Story 164. Grant v. Raymond, 6 and final judge whether the exigency has arisen. Mar



Art. 1. Sect. 8. To provide for organizing, arminę

such part of them as may be employ ing to the states respectively the ap

training the militia according to th Exclusive legisla- To exercise exclusive legislation,

exceeding ten miles square) as may ance of congress, become the seat of to exercise like authority over all pl of the state in which the same shall

dock-yards and other needful buildi Laws for carrying To make all laws which shall be i out vested powers. tion the foregoing powers, and all <

government of the United States, oi

27. The migration or importation

shall think proper to admit, shall no Slave trade.

one thousand eight hundred and eig

importation, not exceeding ten dolla Ibid.

28. The privilege of the writ of ha Habeas corpus.

in cases of rebellion or invasion, the Ex post facto laws.

29. No bill of attainder or ex post

Art. 1. Sect. 9.

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tin v. Mott, 12 Wheat. 19. See Tyler v. Defrees, 11 Wall. 331.

(1) The militia of the several states are subject to martial law, from the time they are called into the service of the United States. Martin V. Mott, 12 Wheat. 19. So far as congress has provided for organizing the militia, the legislative powers of the h states are excluded. Houston v. Moore, 5 Wheat. 51. fe Moore v. Houston, 3 S. & R. 164. But a state legisla- to ture may lawfully provide for the trial by courts-mar- pl tial, of drafted militia, who shall refuse or neglect to march to the place of rendezvous, agreeable to the orders of the governor, founded on the requisition of in the president of the United States. Ibid.

in (m) This includes the power of taxation. Lough- pl borough v. Blake, 5 Wheat. 317. The charter of the city of Washington did not authorize the corporation fo to force the sale of lottery-tickets in states whose laws prohibited such sale. Cohens v. Virginia, 6 Wheat. qu 264.

cl (n) The right of exclusive legislation carries with fr: it the right of exclusive jurisdiction. United States exe v. Cornell, 2 Mas. 60, 91.6 Opin. 577. But the pur- de chase of lands by the United States for public purposes, tu within the territorial limits of a state, does not, of its Bi self, oust the jurisdiction or sovereignty of such state, he over the lands so purchased.. United States v. Cornell, 2 Mas. 60. The constitution prescribes the only he mode by which they can acquire land as a sovereign 18 power, and, therefore, they hold only as an individual when they obtain it in any other manner. Common- E: wealth v. Young, Bright. 302. People v. Godfrey, 17 C. Johns. 225. See United States v. Travers, 2 Wh. Cr. Le Cas. 490. People v. Lent, Ibid. 548. It seems, however, that the states have not the right to tax lands А purchased by the United States for public purposes, although the consent of the legislature may not have iss been given to the purchaser. United States v. Weise, 2 Wall. Jr. C. C. 72. Elliott v. Van Voorst, 3 Ibid. 299. of 7 Opin. 628. 9 Ibid. 291. 117 U. S. 151. See Act Wa 13 June 1883, P. L. 118. (0) This does not mean absolutely necessary, nor

of does it imply the use of only the most direct and simple means calculated to produce the end. Com- for monwealth v. Lewis, 6 Binn. 270-1. McCulloch v. An Maryland, 4 Wheat. 413. But it requires that the means used in the exercise of an express power should cha be appropriate to the end. Hepburn v. Griswold, 8 vic Wall. 603. 1 Story Const. § 1253. Therefore, con- Mis gress had power to charter the bank of the United 221 States, as a necessary and useful instrument of the api fiscal operations of the government. 4 Wheat. 316, feit 422. So, also, they have power, under this general wh authority, to provide for the punishment of any offences which interfere with, obstruct or prevent

Per commerce and navigation with foreign states, and 138. among the several states, although such offences may ига be done on land. United States v. Coombs, 12 Pet. C. : 78.

dar (p) This section has no application to the state gov- 301 ernments. Butler v. Hopper, 1 W. C. C. 499.

bids (9) The president has no power to suspend the privilege of the writ of habeas corpus without an act Evo


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