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the attendance of absent members, in such manner, and under such penalties, as each Art. 1. Sect. 5. house may provide.

2. Each house may determine the rules of its proceedings, punish its members (a) Power to punisb for disorderly behavior, and with the concurrence of two-thirds, expel a memand expel. ber.(b)

3. Each house shall keep a journal of its proceedings, and from time to time publish Journals. 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 Yeas and nays. one-fifth of those present, be entered on the journal.

4. Neither house, during the session of congress, shall, without the consent of the Adjournments. other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

SECT. VI. 1. The senators and representatives shall receive a compensation for their Compensation services, 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, (c) be privileged Privileges. from arrest, (d) during their attendance at the session of their respective houses, and in going to, and returning from, the same ;(e) and for any speech or debate in either house, they shall not be questioned in any other place.

office.

2. No senator or representative shall, during the time for which he was elected, be Exclusion from appointed to any civil office (g) under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, 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.(h)

SECT. VII. 1. All bills for raising revenue shall originate in the house of representa- Revenue bills. tives; but the senate may propose or concur with amendments as on other bills.

pass

2. Every bill which shall have passed the house of representatives and the senate, Manner of shall, before it become a law, be presented to the president of the United States; if he ing bills. approve, he shall sign it,(i) but if not, he shall return it, with his 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 reconsideration, two-thirds (k) of that house Veto 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.

resolutions, &c.

3. Every order, resolution (1) or vote, to which the concurrence of the senate and house Joint orders, of representatives may be necessary, (except on a question of adjournment,) shall be presented to the president of the United States: and before the 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.

SECT. VIII. 1. The congress shall have power,

(a) This does not exclude the power to punish, for contempts, others than members of the house. The constitution says nothing of contempts. These were left to the operation of the common law principle, that every court has a right to protect itself from insult and contempt, without which right of self-protection they could not discharge their high and important duties. Nugent's Case, 1 Am. L. J. 139. Anderson v. Dunn, 6 Wh. 204. And see 1 Story Const. 2 845-9. Bolton v. Martin, 1 Dall. 296.

(b) It seems to be settled, that a member may be expelled for any misdemeanor, which, though not punishable by any statute, is inconsistent with the trust and duty of a member. Blount's Case, cited 1 Story Const. 2 838. And see Smith's Case, 1 Hall, L. J. 459.

power.

(c) This would seem to extend to a'l indictable offences, as well those which are in fact attended with force and violence, as those which are only constructive breaches of the peace of the government, inasmuch as they violate its good order. 1 Black. Comm. 166. 1 Story Const. 2 865.

(d) They are privileged not only from arrest both on judicial and mesne process, but also from the service of a summons or other civil process while in attendance on their public duties. Geyer's Lessee v. Irwin, 4 Dall. 107. Nones v. Edsall, 1 Wall. Jr. 191. 1 Story Const. 860. See Coxe v. McClenachan, 3 Dall. 478.

(e) One who goes to Washington, duly commissioned to represent a state in congress, is privileged from arrest, eundo, morando et redeundo, and though it be subsequently decided by congress that he is not entitled to a seat there, he is protected until he reaches home, if he return as soon as possible after such decision. Dunton v. Halstead, 4 Penn. L. J. 237.

General powers.

(g) The acceptance by a member of any office under the United States after he has been elected to, and taken his seat in, congress, operates as a forfeiture of his seat. Van Ness's Case, Cl. & Hall, 122. (h) Continuing to execute the duties of an office under the United States, after one is elected to congress, but before he takes his seat, is not a disqualification; such office being resigned prior to the taking of the seat. Hammond v. Herrick, Cl. & Hall, 257. Earle's Case. Ibid. 314. Mumford's Case, Ibid. 316.

(1) Every bill takes effect as a law, from the time when it is approved by the president, and then its effect is prospective and not retrospective. The doctrine that, in law, there is no fraction of a day, is a mere legal fiction, and has no application in such a case. In the matter of Richardson. 2 Story, 571. People v. Campbell. 1 Cal. 400. But this is denied to be law. In the matter of Welman, 20 Verm. 653. In the matter of Howes, 21 Ibid. 619. (k) On the 7th July 1856, the senate of the United States decided, by a vote of thirty-four to seven, that two-thirds of a quorum only were requisite to pass a bill over the president's veto, and not two-thirds of the whole senate. 9 Law Rep. 196. In the ratification of treaties, it is expressly provided that two-thirds of the senators present shall concur. And see Cushing's Law of Leis lative Assemblies, 2387.

(1) A joint resolution, approved by the president, or duly passed without his approval, has all the effect of law. But separate resolutions of either house of congress, except in matters appertain ing to their own parliamentary rights, have no legal effect to constrain the action of the president or of the heads of depart ments. 6 Opin. 680.

Art. 1. Sect. 8. Taxation.

Loans.

Commerce.

Naturalization. Bankruptcy. Coin. Weights, &c.

Counterfeiting.

Post offices.

Patents and copyrights.

Courts. Piracies, &c.

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

War.

3. To borrow money on the credit of the United States :(c)

4. To regulate commerce (d) with foreign nations, (e) and among the several states, (g) and with the Indian tribes:(h)

5. To establish an uniform rule of naturalization;(i) and uniform laws on the subject of bankruptcies throughout the United States:(k)

6. To coin money, regulate the value thereof, and of foreign coin; and fix the standard of weights and measures:

7. To provide for the punishment of counterfeiting the securities and current coin of the United States:(7)

8. To establish post offices and post roads :(m)

9. To promote the progress of science and useful arts,(n) by securing for limited times, to authors (0) and inventors, the exclusive right to their respective writings and discoveries:

10. To constitute tribunals inferior to the supreme court:(p)

11. To define and punish piracies (q) and felonies committed on the high seas, and offences against the law of nations:

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

(a) The power to levy and collect taxes, duties, imposts and excises, is coextensive with the territory of the United States. Loughborough v. Blake, 5 Wh. 317.

(b) Congress is not empowered to tax for those purposes which are within the exclusive province of the states. Gibbons v. Ogden,

9 Wh. 199.

(c) The states have no power to tax the loans of the United States. Weston v. City Council of Charleston, 2 Pet. 449, 465. (d) This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution. Gibbons v. Ogden, 9 Wh. 196. Commerce with foreign nations, nd among the several states, can mean nothing more than interourse with those nations, and among those states, for the purposes of trade, be the object of the trade what it may; and this intercourse must include all the means by which it can be carried on, whether by the free navigation of the waters of the several states, or by a passage over land through the states, where such passage becomes necessary to the commercial intercourse between the states. Corfield v. Coryell, 4 W. C. C. 378. Pennsylvania v. Wheeling and Belmont Bridge Co., 18 How. 421. Columbus Ins. Co. v. Peoria Bridge Co., 6 McLean. 70. Columbus Ins. Co. v. Curtenius. Ibid. 209. Jolly 2. Terre Haute Draw-Bridge Co., Ibid. 237. United States v. Railroad Bridge Co., Ibid. 518. This clause confers the power to impose embargoes. Gibbons v. Ogden, 9 Wh. 191. United States v. The William, 2 Hall, L. J. 255, 272. And to punish crimes upon stranded vessels. United States v. Coombs, 12 Pet. 72. It does not, however, interfere with the right of the several states to enact inspection, quarantine and health laws of every description, as well as laws for regulating their internal commerce. Gibbons v. Ogden, 9 Wh. 203. New York v. Miln, 11 Fet. 102. Nor with their power to regulate pilots. Cooley v. Board of Wardens, 12 How. 299. Or to protect their fisheries. Smith e. Maryland, 18 Ibid. 71. Dunham v. Lamphere, 3 Gray,

268.

(e) A state law which requires the masters of vessels engaged in foreign commerce, to pay a certain sum to a state officer, on account of every passenger brought from a foreign country into the state, or before landing any alien passenger in the state, confiicts with the constitution and laws of the United States. Smith e. Turner, 7 How. 283. So does a state law authorizing the seizure and imprisonment of free negroes brought into any port of the state on board of any vessel from any other state or foreign port. Elkison v. Deliessline, 2 Wh. Cr. Cas. 56. 1 Opin. 659. (But see 2 Opin. 426, contra.) And so does a state law which requires an importer to take a license and pay $50 before he should be permitted to sell a package of imported goods. Brown v. Maryland, 12 Wh. 419. But a state law imposing a tax on brokers dealing in foreign exchange is not repugnant to this clause of the constitution. Nathan v. Louisiana, 8 How. 73. Nor is one imposing a tax on legacies payable to aliens. Mager v. Grima, Ibid. 490. Nor are the license laws of certain states, forbidding the sale of spirituous liquors, under less than certain large quantities. Thurlow v. Massachusetts, 5 How. 504. The state Allmond, 4 Am. L. R. 533. See California v. Coleman, 4 Cal.

46-7.

(g) Congress have power to prevent the obstruction of any navigable river, which is a means of commerce between any two or more states, Works v. Junction Railroad. 5 McLean, 426. Jolly . Terre Haute Draw-Bridge Co., 6 Ibid. 237. Devoe v. Penrose Ferry Bridge Co., 3 Am. L. R. 79. But a state law granting the exclusive privilege of navigating a part of an unnavigable stream, which is wholly within the state, on condition of rendering such part navigable, is not repughant to the constitution. Veazie v. Moor, 14 How. 568. And see Wilson v. Blackbird Creek Marsh Co.. 2 Pet. 251.

(h) Under the power to regulate commerce with the Indian tribes, congress have power to prohibit all intercourse with them, except under a license. United States v. Cisna, 1 McLean, 254.

(2) The power to pass naturalization laws would seem to be exclusively in congress. Chirac v. Chirac, 2 Wh. 269. United States v. Villato, 2 Dall. 372. Thurlow v. Massachusetts, & How.

585. Smith v. Turner, 7 Ibid. 556. Golden v. Prince, 3 W. C. C. 314.

(k) The states have authority to pass bankrupt laws, provided they do not impair the obligation of contracts, and provided there be no act of congress in force to establish a uniform system of bankruptcy, conflicting with such laws. Sturges r. Crowninshield, 4 Wh. 122. McMillan v. McNeill, Ibid. 209. But an act of a state legislature which discharges a debtor from all liability for debts contracted previous to his discharge, on his surrendering his property for the benefit of his creditors, is invalid so far as it attempts to discharge the contract. Farmers' and Mechanics' Bank v. Smith, 6 Wh. 131. A mere insolvent law, however, is not within the prohibition. Ogden v. Saunders, 12 Wh. 213. Mason v. Haile, Ibid. 370. Boyle v. Zacharie, 6 Pet. 348, 635. Beers v. Haughton, 9 Ibid. 329. And see Suydam v. Broadnax, 14 Ibid. 67. Cook v. Moffat, 5 How. 295.

(1) This power is limited to the coining and stamping the standard of value upon what the government creates or shall adopt, and to punishing the offence of producing a false representation of what may have been so created or adopted. Fox r. Ohio, 5 How. 433. Whether congress has power to provide for the punishment of the offence of passing counterfeit coin, has been doubted. United States v. -, 2 Law Rep. 90. This power is certainly possessed by the states. Fox v. Ohio, 5 How. 410. But congress may, without doubt, provide for punishing the offence of bringing into the United States, from a foreign place, false, forged and counterfeit coins, made in the similitude of coins of the United States; and also for the punishment of the offence of uttering and passing the same. United States v. Marigold, 9 How. 560.

(m) It is under this power that congress have adopted the mail regulations of the union, and punish all depredations on the mail. Sturtevants v. City of Alton, 3 McLean, 393. The power to establish post roads, is restricted to such as are regularly laid out under the laws of the several states. Cleaveland, Painesville and Ashtabula Railroad Co. v. Franklin Canal Co., Pittsburgh Leg. J. 24 Dec. 1853. But see Pennsylvania v. Wheeling and Belmont Bridge Co., 18 How. 421.

(n) Patents are entitled to a liberal construction, since they are not granted as restrictions upon the rights of the community, but "to promote the progress of science and useful arts." Blanchard v. Sprague, 3 Sumn. 535. Grant 2. Raymond, 6 Pet. 218. Hogg v. Emerson, 6 How. 486. Brooks v. Fiske. 15 Ibid. 223, The power of congress to legislate upon the subject of patents is plenary, by the terms of the constitution, and as there are no restraints on its exercise, there can be no limitation of their right to modify them at their pleasure, so that they do not take away the rights of property in existing patents. McClurg e. Kingsland, 1 Ibid. 206. Therefore, congress has the power to grant the extension of a patent which has been renewed under the act of 1836. Bloomer v. Stolley, 5 McLean, 158. Their power to reserve rights and privileges to assignees, on extending the term of a patent, is incidental to the general power conferred by the constitution. Blanchard's Gun-Stock Turning Factory v. Warner, 1 Blatch. 258.

(0) In the United States, an author has no exclusive property in a published work, except under some act of congress, Wheaton v. Peters, 8 Pet. 591. And see Jefferys v. Boosey, 30 Eng. L. & Eq. 1. Dudley v. Mayhew, 3 Comst. 9.

(p) See American Insurance Co. v. Canter, 1 Pet. 546, (7) The crime of piracy is defined by the law of nations with reasonable certainty. United States v. Smith, 5 Wh. 153.

(r) As a consequence of the power of declaring war and making treaties, the government possesses the power of acquiring territory either by conquest or by treaty. American Ins. Co. v. Canter, 1 Pet. 542. When the legislative authority has declared war, the executive authority to whom its execution is confided, is bound to carry it into effect; he has a discretion vested in him, as to the manner and extent; but he cannot lawfully transcend the rules of warfare established among civilized nations. Brown a United States, 8 Cr. 153.

13. To raise and support armies; (a) but no appropriation of money to that use shall Art. 1. Sect. 8. be for a longer term than two years:

Army.

14. To provide and maintain a navy:

Navy.

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

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

17. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, (c) reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress:

tion.

18. To exercise exclusive legislation, in all cases whatsoever, over such district (not Exclusive legi-laexceeding ten miles square) as may by cession of particular states, and the acceptance of congress, become the seat of the government of the United States; (d) and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings:(e) And,

19. To make all laws which shall be necessary (g) and proper for carrying into execu- Laws for carrying tion the foregoing powers, and all other powers vested by this constitution in the govern- pow ment of the United States, or in any department or officer thereof.

out vested

SECT. IX.(h) 1. The migration or importation of such persons as any of the states now Slave trade. existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

2. The privilege of the writ of habeas corpus shall not be suspended, unless when in Habeas corpus. cases of rebellion or invasion the public safety may require it.

3. No bill of attainder or ex post facto law shall be passed.(i)

4. No capitation, or other direct tax, shall be laid, unless in proportion to the census Direct taxes. or enumeration herein before directed to be taken.(k)

5. No tax or duty shall be laid on articles exported from any state. No preference State exports. 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 Port duties. or pay duties in another.(7)

6. No money shall be drawn from the treasury, but in consequence of appropriations Receipts and exmade by law;(m) and a regular statement and account of the receipts and expenditures penditures. of all public money shall be published from time to time.

7. No title of nobility shall be granted by the United States; and no person holding Titles and receipt any office of profit or trust under them, shall, without the consent of the congress, bited. of presents prohi

(a) Congress have a constitutional power to enlist minors, in the navy or army, without the consent of their parents. United States r. Bainbridge, 1 Mas. 71. Case of Emanuel Roberts, 2 Hall, . J. 192. United States v. Stewart. Crabbe, 265. Commonwealth . Murray, 4 Binn. 487. Commonwealth v. Barker, 5 Ibid. 423. Commonwealth e. Morris, Phila. R. 351. Ex parte Brown, 5 Cr. C. C. 554. Public policy requires that a minor shall be at liberty to enter into a contract to serve the state, whenever such contract is not positively forbidden by the state itself. Commonwealth v. Gamble, 11 S. & R. 94. The King v. Rutherford Greys, 1 Barn. & Cress. 345.

Ex post facto laws.

(b) The net of 1795, which confers power on the president to call forth the militia in certain exigencies, is constitutional; and the president is the exclusive and final judge whether the exigency has arisen. Martin v. Mott, 12 Wh. 19.

(e) The militia of the several states are not subject to martial law, unless they are in the actual service of the United States. Mills r. Martin, 19 Johns. 7. And this does not commence until their arrival at the place of rendezvous. Houston v. Moore, 5 Wh. 20. So far as congress has provided for organizing the militia, the legislative powers of the states are excluded. Houston v. Moore, 5 Wh. 51. Moore e. Houston, 3 S. & R. 169. But a state legislature may lawfully provide for the trial by courts martial, of drafted militia, who shall refuse or neglect to march to the place of rendezvous, agreeably to the orders of the governor, founded on the requisition of the president of the United States. Ibid. This includes the power of taxation. Loughborough v. Blake, 5 Wh. 317. The charter of the city of Washington did not authorize the corporation to force the sale of lottery tickets in states whose laws prohibited such sales. Cohens v. Virginia, 6 Ibid. 204.

(e) The right of exclusive legislation carries with it the right of exclusive jurisdiction. United States v. Cornell, 2 Mas. 60, 91. 6 Opin. 577. But the purchase of lands by the United States for pablic purposes, within the territorial limits of a state, does not of itself oust the jurisdiction or sovereignty of such state, over the lands so purchased. United States v. Cornell, 2 Mas. 60. The constitution prescribes the only mode by which they can acquire land as a sovereign power, and therefore they hold only as an individual when they obtain it in any other manner. Commonwealth r. Young, Brightly, 502. People v. Godfrey, 17 Johns, 225. See United States v. Traver, 2 Wh. Cr. Cas. 490. People v. Lent, Ibid. 548. It seems however, that the states have not the right

to tax lands purchased by the United States for public purposes, although the consent of the legislature may not have been given to the purchase. United States v. Weise, 2 Wall. Jr. 72. And see 7 Opin. 628.

(g) This does not mean absolutely necessary, nor does it imply the use of only the most direct and simple means calculated to produce the end. Commonwealth v. Lewis, 6 Binn. 270-1. McCulloch v. Maryland, 4 Wh. 413. And, therefore, congress ha 1 power to charter the bank of the United States. as a necessary and useful instrument of the fiscal operations of the government. Ibid. 316, 422. So, also, they have power, under this general authority, to provide for the punishment of any offences which interfere with, obstruct or prevent commerce and navigation with foreign states, and among the several states, although such offences may be done on land. United States v. Coombs, 12 Pet. 78.

(h) This section has no application to the state governments. Butler v. Hopper, 1 W. C. C. 499.

(i) Er post facto laws are such as create or aggravate crime, or increase the punishment, or change the rules of evidence for the purpose of conviction. Calder . Bull, 3 Dall. 390. The phrase only applies to penal and criminal laws, which inflict forfeiture s or punishments, and not to civil proceedings which affect private rights retrospectively. Watson v. Mercer, 8 Pet. 110. Carpenter v. Pennsylvania, 17 How. 463. Fletcher v. Peck, 6 Cr. 138. Society for the Propagation of the Gospel v. Wheeler, 2 Gall. 138. Unitel States v. Hall, 2 W. C. C. 366. Commonwealth v. Lewis, 6 Binn. 271. There is nothing in the constitution which forbids congress to pass laws violating the obligation of contracts, though such power is denied to the states. Evans v. Eaton, Pet. C. C. 323. (3) Hylton r. United States, 3 Dall. 171. Loughborough v. Blake, 5 Wh. 320-1.

(1) A state law requiring the payment of pilotage fees, does not infringe this clause. Cooley v. Board of Wardens, 12 How, 314-15. See Pennsylvania v. Wheeling and Belmont Bridge Co., 18 Ibid. 421.

(m) Whether the public moneys at the disposal of the postmastergeneral are technically in the treasury or not. the spirit of this provision applies to them, and ought to be faithfully observed in their expenditure. 3 Opin. 13. No other remedy exists for a creditor of the government, than an application to congress for pay. ment; he cannot have a lien on the public property in his possession or custody. United States v. Barney, 3 Hall, L. J. 180. s. c. 2 Wh. Cr. Cas. 513.

Art. 1. Sect. 8. Taxation.

Loans.
Commerce.

Naturalization.
Bankruptcy.

Coin.
Weights, &c.

Counterfeiting.

Post offices.

Patents and copyrights.

Courts.
Piracies, &c.

War.

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

3. To borrow money on the credit of the United States :(c)

4. To regulate commerce (d) with foreign nations, (e) and among the several states, (g) and with the Indian tribes:(h)

5. To establish an uniform rule of naturalization ;(i) and uniform laws on the subject of bankruptcies throughout the United States:(k)

6. To coin money, regulate the value thereof, and of foreign coin; and fix the standard of weights and measures:

7. To provide for the punishment of counterfeiting the securities and current coin of the United States: (1)

8. To establish post offices and post roads :(m)

9. To promote the progress of science and useful arts, (n) by securing for limited times, to authors (0) and inventors, the exclusive right to their respective writings and discoveries:

10. To constitute tribunals inferior to the supreme court: (p)

11. To define and punish piracies (q) and felonies committed on the high seas, and offences against the law of nations:

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

(a) The power to levy and collect taxes, duties, imposts and excises, is coextensive with the territory of the United States. Loughborough v. Blake, 5 Wh. 317.

(b) Congress is not empowered to tax for those purposes which are within the exclusive province of the states. Gibbons v. Ogden, 9 Wh. 199.

(c) The states have no power to tax the loans of the United States. Weston v. City Council of Charleston, 2 Pet. 449, 465. (d) This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution. Gibbons v. Ogden. 9 Wh. 196. Commerce with foreign nations, nd among the several states, can mean nothing more than interourse with those nations, and among those states, for the purposes of trade, be the object of the trade what it may; and this intercourse must include all the means by which it can be carried on, whether by the free navigation of the waters of the several states, or by a passage over land through the states, where such passage becomes necessary to the commercial intercourse between the states. Corfield v. Coryell, 4 W. C. C. 378. Pennsylvania v. Wheeling and Belmont Bridge Co., 18 How. 421. Columbus Ius. Co. v. Peoria Bridge Co., 6 McLean, 70. Columbus Ins. Co. v. Curtenius. Ibid. 209. Jolly v. Terre Haute Draw-Bridge Co., Ibid. 237. United States v. Railroad Bridge Co., Ibid. 518. This clause confers the power to impose embargoes. Gibbons v. Ogden, 9 Wh. 191. United States v. The William, 2 Hall, L. J. 255, 272. And to punish crimes upon stranded vessels. United States v. Coombs, 12 Pet. 72. It does not, however, interfere with the right of the several states to enact inspection, quarantine and health laws of every description, as well as laws for regulating their internal commerce. Gibbons v. Ogden, 9 Wh. 203. New York v. Miln, 11 Fet. 102. Nor with their power to regulate pilots. Cooley v. Board of Wardens, 12 How. 299. Or to protect their fisheries. Smith v. Maryland, 18 Ibid. 71. Dunham v. Lamphere, 3 Gray, 208.

(e) A state law which requires the masters of vessels engaged in foreign commerce, to pay a certain sum to a state officer, on account of every passenger brought from a foreign country into the state, or before landing any alien passenger in the state, conficts with the constitution and laws of the United States. Smith e. Turner, 7 How. 283. So does a state law authorizing the seizure and imprisonment of free negroes brought into any port of the state on board of any vessel from any other state or foreign port. Elkison e. Deliesseline, 2 Wh. Cr. Cas. 56. 1 Opin. 659. (But see 2 Opin. 426, contra.) And so does a state law which requires an importer to take a license and pay $50 before he should be permitted to sell a package of imported goods. Brown v. Maryland, 12 Wh. 419. But a state law imposing a tax on brokers dealing in foreign exchange is not repugnant to this clause of the constitution. Nathan . Louisiana, 8 How, 73. Nor is one imposing a tax on legacies payable to aliens. Mager e. Grima, Ibid. 490. Nor are the license laws of certain states, forbidding the sale of spirituous liquors, under less than certain large quantities. Thurlow v. Massachusetts, 5 How. 504. The state . Allmond, 4 Am. L. R. 533. See California v. Coleman, 4 Cal. 46-7.

(g) Congress have power to prevent the obstruction of any navigable river, which is a means of commerce between any two or more states. Works r. Junction Railroad. 5 McLean, 426. Jolly . Terre Haute Draw-Bridge Co., 6 Ibid. 237. Devoe v. Penrose Ferry Bridge Co., 3 Am. L. R. 79. But a state law granting the exclusive privilege of navigating a part of an unnavigable stream, which is wholly within the state, on condition of rendering such part navigable, is not repughant to the constitution. Venzie v. Moor, 14 How. 568. And see Wilson v. Blackbird Creek Marsh Co., 2 Pet. 251.

(h) Under the power to regulate commerce with the Indian tribes, congress have power to prohibit all intercourse with them, except under a license. United States v. Cisna, 1 McLean, 254.

(1) The power to pass naturalization laws would seem to be exclusively in congress. Chirac v. Chirac, 2 Wh. 269. United States v. Villato, 2 Dall. 372. Thurlow v. Massachusetts, 5 How.

585. Smith v. Turner, 7 Ibid. 556. Golden v. Prince, 3 W. C. C. 314.

(k) The states have authority to pass bankrupt laws, provided they do not impair the obligation of contracts, and provided there be no act of congress in force to establish a uniform system of bankruptcy, conflicting with such laws. Sturges v. Crowninshield, 4 Wh. 122. McMillan v. McNeill, Ibid. 209. But an act of a state legislature which discharges a debtor from all liability for debts contracted previous to his discharge, on his surrendering his property for the benefit of his creditors, is invalid so far as it attempts to discharge the contract. Farmers' and Mechanics' Bank v. Smith, 6 Wh. 131. A mere insolvent law, however, is not within the prohibition. Ogden v. Saunders, 12 Wh. 213. Mason v. Haile, Ibid. 370. Boyle v. Zacharie, 6 Pet. 348, 635. Beers v. Haughton, 9 Ibid. 329. And see Suydam v. Broadnax, 14 Ibid. 67. Cook v. Moffat, 5 How. 295.

(1) This power is limited to the coining and stamping the standard of value upon what the government creates or shall adopt, and to punishing the offence of producing a false representation of what may have been so created or adopted. Fox e. Ohio, 5 How. 433. Whether congress has power to provide for the punishment of the offence of passing counterfeit coin, has been doubted. United States v., 2 Law Rep. 90. This power is certainly possessed by the states. Fox v. Ohio, 5 How. 410. But congress may, without doubt, provide for punishing the offence of bringing into the United States, from a foreign place, false, forged and counterfeit coins, made in the similitude of coins of the United States; and also for the punishment of the offence of uttering and passing the same. United States v. Marigold, 9 How. 560.

(m) It is under this power that congress have adopted the mail regulations of the union, and punish all depredations on the mail. Sturtevants v. City of Alton, 3 McLean, 393. The power to establish post roads, is restricted to such as are regularly laid out under the laws of the several states. Cleaveland, Painesville and Ashtabula Railroad Co. v. Franklin Canal Co., Pittsburgh Leg. J. 24 Dec. 1853. But see Pennsylvania v. Wheeling and Belmont Bridge Co., 18 How. 421.

(n) Patents are entitled to a liberal construction, since they are not granted as restrictions upon the rights of the community, but to promote the progress of science and useful arts." Blanchard v. Sprague, 3 Sumn. 535. Grant 2. Raymond, 6 Pet. 218. Hogg v. Emerson, 6 How. 456. Brooks v. Fiske, 15 Ibid. 223. The power of congress to legislate upon the subject of patents is plenary, by the terms of the constitution, and as there are no restraints on its exercise, there can be no limitation of their right to modify them at their pleasure, so that they do not take away the rights of property in existing patents. McClurg v. Kingsland, 1 Ibid. 206. Therefore, congress has the power to grant the extension of a patent which has been renewed under the act of 1836. Bloomer v. Stolley, 5 McLean, 158. Their power to reserve rights and privileges to assignees, on extending the term of a patent, is incidental to the general power conferred by the constitution. Blanchard's Gun-Stock Turning Factory v. Warner, 1 Blatch. 258.

(0) In the United States, an author has no exclusive property in a published work, except under some act of congress, Wheaton v. Peters, 8 Pet. 591. And see Jefferys v. Boosey, 30 Eng. L. & Eq. 1. Dudley v. Mayhew, 3 Comst. 9.

(p) See American Insurance Co. v. Canter, 1 Pet. 546. (7) The crime of piracy is defined by the law of nationg with reasonable certainty. United States v. Smith, 5 Wh. 153.

(r) As a consequence of the power of declaring war and making treaties, the government possesses the power of acquiring territory either by conquest or by treaty. American Ins. Co. v. Canter, 1 Pet. 542. When the legislative authority has declared war, the executive authority to whom its execution is confided, is bound to carry it into effect; he has a discretion vested in him, as to the manner and extent; but he cannot lawfully transcend the rules of warfare established among civilized nations. Brown a United States, 8 Cr. 153.

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13. To raise and support armies;(a) but no appropriation of money to that use shall Art. 1. Sect. 8. be for a longer term than two years:

Army.

Navy.

14. To provide and maintain a navy:

15. To make rules for the government and regulation of the land and naval forces: 16. To provide for calling forth the militia to execute the laws of the Union, suppress Militia. insurrections and repel invasions :(b)

17. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, (c) reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress:

tion.

18. To exercise exclusive legislation, in all cases whatsoever, over such district (not Exclusive legi-laexceeding ten miles square) as may by cession of particular states, and the acceptance of congress, become the seat of the government of the United States ;(d) and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings:(e) And,

19. To make all laws which shall be necessary (g) and proper for carrying into execu- Laws for carrying tion the foregoing powers, and all other powers vested by this constitution in the govern- powers. ment of the United States, or in any department or officer thereof.

out vested

SECT. IX.(h) 1. The migration or importation of such persons as any of the states now Slave trade. existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

2. The privilege of the writ of habeas corpus shall not be suspended, unless when in Habeas corpus. cases of rebellion or invasion the public safety may require it.

3. No bill of attainder or ex post facto law shall be passed.(i)

4. No capitation, or other direct tax, shall be laid, unless in proportion to the census Direct taxes. or enumeration herein before directed to be taken.(k)

5. No tax or duty shall be laid on articles exported from any state. No preference State exports. 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 Port duties. or pay duties in another.(7)

6. No money shall be drawn from the treasury, but in consequence of appropriations Receipts and exmade by law;(m) and a regular statement and account of the receipts and expenditures penditures. of all public money shall be published from time to time.

7. No title of nobility shall be granted by the United States; and no person holding Titles and receipt any office of profit or trust under them, shall, without the consent of the congress, bited.

of presents prohi

(a) Congress have a constitutional power to enlist minors, in the navy or army, without the consent of their parents. United States r. Bainbridge, 1 Mas. 71. Case of Emanuel Roberts, 2 Hall, J. 192. United States v. Stewart, Crabbe, 265. Commonwealth . Murray, 4 Binn. 487. Commonwealth v. Barker, 5 Ibid. 423. Commonwealth v. Morris, Phila. R. 351. Ex parte Brown, 5 Cr. C. C. 554. Public policy requires that a minor shall be at liberty to enter into a contract to serve the state, whenever such contract is not positively forbidden by the state itself. Commonwealth v. Gamble, 11 S. & R. 94. The King v. Rutherford Greys, 1 Barn. & Cress. 345.

(b) The act of 1795, which confers power on the president to call forth the militia in certain exigencies, is constitutional; and the president is the exclusive and final judge whether the exigency has arisen. Martin e. Mott, 12 Wh. 19.

Ex post facto laws.

(c) The militia of the several states are not subject to martial law, unless they are in the actual service of the United States. Mills r. Martin, 19 Johns. 7. And this does not commence until their arrival at the place of rendezvous. Houston v. Moore, 5 Wh. 20. So far as congress has provided for organizing the militia, the legislative powers of the states are excluded. Houston v. Moore, 5 Wh. 51. Moore e. Houston, 3 S. & R. 169. But a state legislature may lawfully provide for the trial by courts martial, of drafted militia, who shall refuse or neglect to march to the place of rendezvous, agreeably to the orders of the governor, founded on the requisition of the president of the United States. Ibid.

(d) This includes the power of taxation. Loughborough v. Blake, 5 Wh. 317. The charter of the city of Washington did not authorize the corporation to force the sale of lottery tickets in states whose laws prohibited such sales. Cohens v. Virginia, 6 Ibid. 264.

(e) The right of exclusive legislation carries with it the right of exclusive jurisdiction. United States v. Cornell, 2 Mas. 60, 91. 6 Opin. 577. But the purchase of lands by the United States for pablic purposes, within the territorial limits of a state, does not of itself oust the jurisdiction or sovereignty of such state, over the lands so purchased. United States v. Cornell, 2 Mas. 60. The constitution prescribes the only mode by which they can acquire Iand as a sovereign power, and therefore they hold only as an individual when they obtain it in any other manner. Commonwealth e. Young, Brightly, 302. People r. Godfrey, 17 Johns. 225. See United States v. Traver, 2 Wh. Cr. Cas. 490. People v. Lent, Ibid. 545. It seems, however, that the states have not the right

to tax lands purchased by the United States for public purposes, although the consent of the legislature may not have been given to the purchase. United States v. Weise, 2 Wall. Jr. 72. And see 7 Opin. 628.

(g) This does not mean absolutely necessary, nor does it imply the use of only the most direct and simple means calculated to produce the end. Commonwealth e. Lewis, 6 Binn. 270-1. McCulloch e. Maryland, 4 Wh. 413. And, therefore, congress ha i power to charter the bank of the United States, as a necessary aud useful instrument of the fiscal operations of the government. Ibid. 316, 422. So. also, they have power, under this general authority, to provide for the punishment of any offences which interfere with, obstruct or prevent commerce and navigation with foreign states, and among the several states, although such offences may be done on land. United States v. Coombs, 12 Pet. 78.

(h) This section has no application to the state governments. Butler v. Hopper, 1 W. C. C. 499.

(i) Er post facto laws are such as create or aggravate crime, or increase the punishment, or change the rules of evidence for the purpose of conviction. Calder v. Bull, 3 Dall. 390. The phrase only applies to penal and criminal laws, which inflict forfeitures or punishments, and not to civil proceedings which affect private rights retrospectively. Watson v. Mercer, 8 Pet. 110. Carpenter v. Pennsylvania, 17 How. 463. Fletcher v. Peck, 6 Cr. 138. Society for the Propagation of the Gospel v. Wheeler, 2 Gall. 138. Unite 1 States v. Hall, 2 W. C. C. 366. Commonwealth v. Lewis, 6 Binn. 271. There is nothing in the constitution which forbids congress to pass laws violating the obligation of contracts, though such a power is denied to the states. Evans v. Eaton, Pet. C. C. 323 (k) Hylton v. United States, 3 Dall. 171. Loughborough v. Blake, 5 Wh. 320-1.

(1) A state law requiring the payment of pilotage fees, does not infringe this clause. Cooley v. Board of Wardens, 12 How. 314-15. See Pennsylvania v. Wheeling and Belmont Bridge Co., 18 Ibid. 421.

(m) Whether the public moneys at the disposal of the postmaster · general are technically in the treasury or not, the spirit of this provision applies to them, and ought to be faithfully observed in their expenditure. 3 Opin. 13. No other remedy exists for a creditor of the government, than an application to congress for pay. ment; he cannot have a lien on the public property in his possession or custody. United States v. Barney, 3 Hall, L. J. 100. s. c. 2 Wh. Cr. Cas. 313.

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