with it any unlimited and unrestricted right on the part of the inventor himself to use his own invention. Such right is subservient to the police power of the United States and of the individual States." This clause gives no power to legislate on the subject of trademarks.78 Such power as the United States may have over trademarks arises out of their power to regulate commerce, and is restricted in its application to interstate commerce. SECTION 39. ESTABLISHMENT OF INFERIOR FEDERAL TRIBUNALS. (The Congress shall have power)- "To constitute tribunals inferior to the Supreme Courts." This power will be considered in Chapter V on the Judicial Department. SECTION 40. PIRACIES AND OFFENCES AGAINST THE LAW OF NATIONS. (The Congress shall have power)- "To define and punish piracies and felonies committed on the high seas and offenses against the law of nations." Congress has never attempted to give any new definition of these terms as used in International Law. Any robbery on the high seas is piracy both by International Law and by Act of Congress." The high seas include all waters not within the territorial control of some particular country. It has been decided that the Great Lakes are high seas.8 Navigable rivers in other 80 countries as are not, however, so included.81 "Patterson vs. Kentucky, 97 U. S., 501. 78 United States vs. Steffens, United States vs. Witterman; and United States vs. Johnson et al., 100 U.S. 79 United States vs. Smith, 5 81 United States vs. Wiltberger, 3 SECTION 41. DECLARATION OF WAR. LETTERS OF MARQUE AND REPRISAL. (The Congress shall have power)- "To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water." The exclusive power to declare war is vested in Congress; except that the States may engage in war, even without the consent of Congress, when actually attacked, or in such eminent danger as will not admit of delay. War is "that state in which a nation prosecutes its right by force." 82 It is not necessarily begun by a formal declaration of war.83 The power to declare war carries with it, the power to pass all laws necessary for the carrying on of war, and to prosecute the war by all means recognized as legitimate by the rules of International Law.84 In cases of war with uncivilized nations a country is not bound by the rules of International Law. 86 85 Congress has the same power, and can resort to the same methods in the case of a civil war as in the case of a war with a foreign power. The power to declare and carry on war carries with it the power to acquire territory by conquest. The enumeration of the powers to grant letters of marque and reprisal, and to make rules for the government and regulation of the land and naval forces, is unnecessary as these powers are included in the grant of power contained in the first part of the clause. Under the Constitution the power to grant letters of marque and reprisal is exclusively in the 82 The Prize Cases, 2 Black, 635; Bas vs. Tingy, 4 Dallas, 37; Talbot vs. Seeman, 1 Cranch, 28. 83 The Prize Cases, 2 Black, 635. Tyler vs. Defrees, 11 Wallace, 331; The Prize Cases, 2 Black, 635; Miller vs. United States, 11 Wallace, 305; Dooley vs. Smith, 13 Wallace, 604. The Legal Tender Cases, 12 Wallace, 457. 85 Tyler vs. Defrees, 11 Wallace, 331; The Prize Cases, 2 Black, 635. 88 Insurance Co., vs. 336 Bales of Cotton, 1 Peters, 511. United States, the power being expressly denied to the States; under the Articles of Confederation the States had this power under certain restrictions.87 The power to make rules concerning captures on land and sea includes the cases both of captures on the high seas and in territorial waters.88 SECTION 42. THE ARMY AND NAVY. (The Congress shall have power)- "To raise and support armies, but no appropriation of money to that use shall be for a longer time than two years.' "The The power to raise and support armies follows as a necessary incident to the power to declare war. Federal power has a right to declare and prosecute wars, and, as a necessary incident, to raise and transport troops."" Such armies may be raised by draft and any able-bodied man may be compelled to serve. The limitations of the period of appropriation for the army to two years was the result of the old AngloSaxon fear of standing armies. In England it was customary to pass annual appropriations for the army and also annual Military bills for the purpose of preventing the executive from being able to build up a strong standing army independent of the control of the Parliament.90 The control of the army is entirely in the hands of the Federal Government, and the executive or judicial authority of any State will not be allowed to interfere with it in any way." 91 See Articles of Confederation, 88 Brown vs. United States, 8 92 U. S., 187. Crandall vs. Nevada, 6 Wallace, 35. The fact that the Constitution allowed appropriations to be made for the army for so long a period as two years, was one of the points urged against its adoption in the State constitutional conventions. 91 Tarble's Case, 13 Wallace, 393. (The Congress shall have power)- "To provide and maintain a navy." The jealousy against the army during the Eighteenth century, both here and in England, did not extend to the navy, and no restriction as to the length of the appropriations is inserted. This clause gives to Congress the same general control over the navy that the twelfth clause did over the army. Under this clause it has been held that Congress had the power to establish a Naval Academy.92 (The Congress shall have power)— "To make rules for the government and regulation of the land and naval forces." This clause is not strictly necessary. Under this clause Congress may provide for the trial and punishment of military and naval offenders. SECTION 43. THE MILITIA. (The Congress shall have power)- "To provide for calling forth the militia to execute the laws of the Union, suppress insurrection and repel invasions." The power to call forth the militia has been vested by Congress in the President. It is within his discretion to decide when such action is necessary and proper, and his decision in this matter is not subject to review by the judicial department of either the United States or of any individual States.93 The militia may be called out by the President for the purpose of upholding the Government as the "lawful government of the State" recognized by the President." In calling out the militia of a state the President may give his orders to the Governor of the State or to any officer he may decide on.95 (The Congress shall have power-) "To provide for organizing, arming and discipling the militia, and "United States vs. Bevans, 3 Wheaton, 336. Martin vs. Mott, 12 Wheaton, 19. 4 Luther vs. Borden, 7 Howard, 1. 95 Houston vs. Moore, 5 Wheaton, 1. for governing such part of them as may be employed in the service of the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress." The object of this clause is to secure a certain decree of uniformity and national control, in times of necessity, among the militia of all the States, while reserving to the States their ordinary management and control.96 SECTION 44. SEAT OF GOVERNMENT OF THE UNITED STATES. (The Congress shall have power)- "To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of Government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the States in which the same shall be, for the erection of forts, magazines, arsenals, dock yards and other needful buildings." The sovereign power over the District of Columbia is lodged in the national government; which cannot divest itself of it. Congress may make the District of Columbia, or any part of it, a body corporate, but can only confer on it municipal powers. 98 An inhabitant of the District of Columbia, who makes it his domicile, is not a citizen of any State.99 The deprivations of the citizens of the District of Columbia of all political rights is contrary to the |