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inc 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 mem

and expel. ber.(6)

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 Feas 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.

2. No senator or representative shall, during the time for which he was elected, be Exclusion from appointed to any civil office (9) 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.

2. Every bill which shall have passed the house of representatives and the senate, Manner of pass shall, before it become a law, be presented to the president of the United States; if he ing bills. approve, he shall sign it,(e) 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 power. shall agree to pass the bill, it shall be sent, together with the objections, to the other house, hy 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. 3. Every order, resolution (1) or vote, to which the concurrence of the senate and house Joint orders,

resolutions, &c. 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,

General powers.

(a) This does not exclude the power to punish, for contempts, (g) The acceptance by a member of any office under the United others than members of the house. The constitution says nothing States after he has been elected to, and taken his seat in, con. of contempts. These were left to the operation of the common gress, operates as a forfeiture of his seat. Van Ness's Case, Cl. & law principle, that every court has a rizbt to protect itself from Hall, 122. insult and contempt, without which right of self-protection they (h) Continuing to execute the duties of an office under the United could not discharge their bigh and important duties, Nugent's States, after one is elected to congress, but before he takes his Cae, 1 Am. L. J. 139. Anderson r. Dunn, 6 Wh. 204. And see seat, is not a disqualification; such office being resigned prior to 1 Story Const. 2 815-9. Bolton v. Dlartin, 1 Dall. 296.

the taking of the seat. Hammond v. Herrick, Cl. & Hall, 257. (6) It seems to be settled, that a member may be expelled for Earle's Case. Ibid. 314. Mumford's Case. Ibid. 316. any misdemeanor, which, though pot punishable by any statute, (i) Every bill takes effect as a law, from the time when it is is inconsistent with the trust and duty of a member. Blount's approved by the president, and then its effect is prospective and Case, cited 1 Story Const. 2 838. And see Smith's Case, 1 Hall, not retrospective. The doctrine that, in law, there is no fraction LJ. 459.

of a day, is a inere legal fiction, and has no application in suoh a (c) This would seem to extend to a'l indictable offences, as well case. In the matter of Richardson. 2 Story, 571. Peuple r. Coup those which are in fact attended rith force and violence, as those bell, 1 Cal. 100. But this is denied to be law. In the matter of which are only constructive breaches of the peace of the govern- Welman, 20 Verm. 653. In the matter of lowes, 21 Ibid. 619. ment, inasmuch as they violate its good order. 1 Black. Comm. (k) On the 7th July 1856, the senate of the United States teciler, 166. 1 Story Const, 365,

by a vote of thirty-four to seven, that two-thirds of a quorum only (dThey are privileged not only from arrest both on judicial were requisite to pass a bill over the prisident's veto, and not and mewne process, but also from the service of a summons or two-thirds of the whole senate. 9 Law Rep. 196. In the ratifi.other civil process while in attendance on their public duties. tion of treaties, it is expressly provided that two-thirds of the Geyer, Lessee o. Irwin, 4 Dall. 107. Nones r. Edsall, 1 Wall. senators present shall concur. And see Cushing's Law of Legis Jr. 191. 1 Story Const. 2 860. See Coxe v. McClenachan, 3 lative Assemblies. 2, 2387. Dall. 478.

(1) A joint resolution, approved by the president, or duly passed (e) One who goes to Washington, duly commissioned to repro without his approval, has all the effect of law. But separate reso sent a state in congress, is privileged from arrest. eundo, morando lutions of either house of congress. exept in matters appertain. et redeundo, and though it be subsequently decided by congress ing to their own parliamentary rights, have no legal effect to that be is not entitled to a seat there, he is protected until he constrain the action of the president or of the heads of departe reaches home, if he return as soon as possible after such decision. ments. 6 Opin. 680. Dunton e. Ilalstead, 4 Peon. L. J. 237.

Art. 1. Sect. 8. 2. To lay and collect taxes, duties, imposts and excises, (a) to pay the dents, and proTaxation.

vide for the common defence and general welfare of the United States ;()) but all duties,

imposts and excises shall be uniform throughout the United States : Loans.

3. To borrow money on the credit of the United States :(c) Commerce. 4. To regulate commerce (a) with foreign nations,(e) and among the several states,(9)

and with the Indian tribes :(n) Naturalization. 5. To establish an uniform rule of naturalization ;(©) and uniform laws on the subject Bankruptcy. of bankruptcies throughout the United States :(k) Coin.

6. To coin money, regulate the value thereof, and of foreign coin ; and fix the standard Weights, &c. of weights and measures : Counterfeiting. 7. To provide for the punishment of counterfeiting the securities and current coin of

the United States :(?) Post offices. 8. To establish post offices and post roads :(m) Patents and copy- 9. To promote the progress of science and useful arts,(n) by securing for limited times, rights.

to authors (0) and inventors, the exclusive right to their respective writings and dis

coveries : Courts.

10. To constitute tribunals inferior to the supreme court :(p) Piracies, &c. 11. To define and punish piracies (q) and felonies committed on the high seas, and

offences against the law of nations : War.

12. To declare war,(r) grant letiers of marque and reprisal, and make rules concern

ing captures on land and water: (a) The power to levy and collect taxes, duties, imposts and 585. Smith v. Turner, 7 Ibid. 556. Golden v. Prince, 3 W.O.C. excises, is coextensive with the territory of the Uuited States. 314. Loughborough o. Blake, 5 Wh. 317.

(k) The states have authority to pass bankrupt laws, provided (6) Congress is not empowered to tax for those purposes which they do not impair the obligation of contracts, and provided there are within the exclusive province of the states. Gibbons v. Ogden, be no act of congress in forre to establish a uniform system of 9 Wh, 199.

bankruptcy, conflicting with such laws. Sturges r. Crowninshield, (c) The states have no power to tax the loans of the United 4 Wh. 122. McMillan v. Me Seill, Ibid. 209. But an act of a state States. Weston v. City Council of Charleston, 2 Pet. 419, 465. legislature which discharges a debtor from all liability for debts

(d) This power, like all others vested in congress, is complete contracted previous to his discharge, on his surrendering his proin itself, may be exercised to its utmost extent, and acknowledges perty for the benefit of his creditors, is invalid so far as it attempts no limitations other than are prescribed in the constitution. to discharge the contract. Farmers' and Mechanics' Bank . Gibbons r. Ogden, 9 Wh. 196. Commerce with foreign nations, Smith, 6 Wh. 131. A mere insolvent law, however, is not within nd among the several states, can mean nothing more than inter- the prohibition. Ogden r. Saunders, 12 Wh. 213. Mason r. Haile, ourse with those nations, and among those states, for the pur. Ibid. 370. Boyle r. Zacharie, 6 Pet. 348, 635. Beers k. laughton, poses of trade, be the object of the trade what it may; and this 9 lbid. 329. And see Suydam v. Broadbax, 14 Ibid. 07. Cook r. intercourse must include all the means by which it can be carried Moffat, 5 How. 295, on, whether by the free navigation of the waters of the several (1) This power is limited to the coining and stamping the states, or hy a passage over land through the states, where such standard of value upon what the government creates or shall passage becomes necessary to the commercial intercourse between adopt, and to punishing the offence of producing a false reprethe states. Corfield v. Coryell, 4 W.C. C. 378. Pennsylvania v. sentation of what may have been so created or adopteri. Fos r. Wheeling and Belmont Bridge Co., 18 Ilow. 421. Columbus Ivs. Ohio, 5 How. 433. Whether cougress has power to provide for the Co. r. Peoria Bridge Co., 6 Mclean. 70. Columbus Ins. Co. v. punishment of the offence of pussing counterfeit coin, has been Curtenins. Ibid. 209. Jolly v. Terre Haute Draw-Bridge Co., Ibid. doubted. United Statex t. -,2 Law Rep. 90. This power is 257. United States v. Railroad Bridge Co., Ilid. 518. This clause certainly possessed by the states. Fox v. Ohio, 5 lIow. 410. But confers the power to impose embargoes. Gibbons v. Ogden, 9 Wh. congress may, without doubt, provide for punishing the offence of 191. United States . The William, 2 Hall, L. J. 255, 272. And bringing into the United States, from a foreign place. false, forged to punish crimes upon stranded vessels. United States r. Coombs, and counterfeit coins, made in the similitudo of coins of the 12 Pet. 72. It does not. bowever, interfere with the right of the United States; and also for the punishment of the offence of Several states to cpact inspection, quarantine and health laws of uttering and passing the same. United States v. Marigold, 9 every description, as well as lawg for regulating their internal low, 560.

Gibbons v. Ogden, 9 Wh. 203, New Yorku. Miln, 11 (m) It is under this power that congress have adopted the mail Pet. 102. Nor with their power to regulate pilots. Cooley v. regulations of the union, and punish all depredations on the mail. Board of Warens, 12 Ilow. 299. Or to protect their fisheries. Sturtevants v. City of Alton, 3 McLean, 393. The power to establish Smith v. Maryland, 18 Ibid. 71. Dunham v. Lamphere, 3 Gray, post roads, is restricted to such as are regularly laid out under the 208.

laws of the several states. Cleaveland, Painesville and Ashtabula (P) A state law which requires the masters of vessels engaged Railroad Co. v. Franklin Canal C)., Pittsburgh Leg. J. 24 Dec. in foreign commerre, to pay a certain sum to a state officer, on 1833. But see Pennsylvania v. Wheeling and Belmont Bridge & count of every passenger brought from a foreign country into Co., 18 How. 421. the state or before landling any alien passenger in the state, con- (n) Patents are entitled to a liberal construction, since they are fits with the constitution and laws of the United States. Smith not granted as restrictions upon the rights of the community, 2. Turner, 7 low. 283. So does a state law authorizing the size but " to promote the progress of science and useful arta," ure and iinprisonment of free negroes brought into any port of Blanchard v. Sprague, 3 Suun. 135. Grant ?. Raymond, 6 let. the state on board of any vessel from any other state or foreign 218. Blogs 11. Emerson, 6 Hlow. 456. Brooks v. Fiske. 15 Ibid. 223. port. Elkison . Duljess-line, 2 Wh. Cr. Cas. 56. 1 Opin. 659. The power of congress to legislate upon the suljeet of patents is (But see 2 Opin. 426, contru.) And so does a state law which re- plenry, by the terms of the constitution, and as there are no quires an importer to take a license and pay $50 before he should restraints on its exercise, there can be no limitation of their right be perunitted to sell a package of imported goods. Brown v. Mary- to modify them at their pleasure, so that they do not take away land, 12 Wh. 419. But a state law imposing a tax ou brokers the rights of property in existing potents. McClurg r. Kingsland, dealing in foreign exchange is not repugnaut to this clause of the 1 Ibid. 2013. 'Therefore, congress has the power to grant the constitution. Nathan r. Louisiana, 8 How. 73. Nor is one im- extension of a patent which has been renewed under the act of posing a tax on Jeracies payable to aliens. Mager 4. Grinn, 1836. Bloomer r. Stolley, 5 McLean, 155. Their power to reserve ihil. 490. Xor are the license laws of certain states, forbidding rights and privileges to axsigners, on extending the term of a the sale of spirituous liquors, under less than certain large patent, is incidental to the general power conferred by the conquantities. Thurlow v. vassachusetts, 5 How. 601. The state stitution. Blanchard's Gun-Stock Turning Factory v. Waruer, 1 9. Allmond, 4 Am. L. R. 553. See California v. Coleman, 4 Cal. Blatch. 258.

(0) In the United States, an author has no exclusive property (9) Congress have power to prevent the obstruction of any in a published work, except under some act of congress. Wheaton navigable river, which is a means of commerce between any two v. Peters, 8 Pet. 591. And see Jefferys v. Boosey, 30 Eng. L. & or more states. Works P. Junction Railroad. 5 McLean, 426. Eq. 1. Dudley v. Mayhew, 3 Comst. 9. Jolly r'. Terre llaute Draw-Briage Co., 6 Ibid. 237. Devoe v. Pen- (p) See American Insurance Co. v. Canter, 1 Pet. 546. rose Ferry Bridge Co., 3 Am. L. R. 79. But a state law granting (9) The crime of piracy is defined by the law of nations with the exclusive privilege of navigating a part of an innavigable reasonable certainty. United States v. Smith, 5 Wh. 153. stream, which is wholly within the state, on condition of render- (r) As a consequence of the power of declaring war and making ing such part navigable, is not repughant to the constitution. treaties, the government possesses the power of acquiring territory Vrazie v. Moor, 14 Hlow. 568. And see Wilson v. Blackbird Creek either hy conquest or by treaty. American Ius. Co. v. Canter. 1 Marsh Co.. 2 Pet. 251.

Pet. 542. When the legislative authority has declared war, the (h) Under the power to regulate commerce with the Indian executive authority to whom its execution is confided, is bound tribes, congress have power to prohibit all intercourse with them, to carry it into effect; he has a discretion rested in him, as to the except under a license. (pited States v. Cisna, 1 McLean, 254 manner and extent; but he cannot lawfully transcend the rules

(2) The power to pass naturalization laws would seem to be of warfare established among civilized nations. Brown a L'uiled exclusively in congress Chirac 7. Chirac, 2 Wh. 269. United States, 8 Cr. 153. States v. Villato, 2 Dall. 372. Thurlow v. Massachusetts, 6 How.

commerce.

out vested powrs.

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 nary:

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

10. To provide for calling forth the militia to execute the laws of the Union, suppress Militia. insurrections and repel invasions :(6)

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: 18. To exercise exclusive legislation, in all cases whatsoever, over such district (not Exclusive legi-la.

tion. exceeding 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 (9) and proper for carrying into execu- Laws for carrying tion the foregoing powers, and all other powers vested by this constitution in the

government of the United States, or in any department or officer thereof.

Sect. IX.(h) 1. The migration or importation of such persons as any of the states now Slare 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.

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

laws. 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.(?)

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 probi: (a) Congress have a constitutional power to enlist minors, in to tax lands purchased by the United States for publie purposes, the navy or army, without the consent of their parents. United although the consent of the legislature may not have been given States r. Bainbridge, 1 Mas. 71. Case of Emanuel Roberts, 2 Ilall, to the purchase. United States v. Weise, 2 Wall. Jr. 72. And see ". J. 192. Cnited States v. Stewart, Crabbe, 265. Commonwealth 7 Opin. 628.

. Murray, 4 Biun. 487. Commonwealth v. Barker, 5 Ibid. 123. (9) This does not mean absolutely necessary, nor does it imply Commonwealth v. Morris, Phila. R. 351. Ex parte Brown, 5 Cr. C. the use of only the most direct and simple inerns caleulated to C. 55t. Public policy requires that a minor shall be at liberty to produce the end. Commonwealth 0. Lewis, 6 Binn. 270-1. enter into a contract to serve the state, whenever such contract McCulloch v. Maryland, 4 Wh. 413. And, therefore, congress le 1 is not positively forbidden by the state itself. Commonwealth v. power to charter the bank of the United States, as a necessary and Gamble, 11 S. & R. 94. The King v. Rutherford Greys, 1 Barn. & useful instrument of the fisenl operations of the government. Cress. 3-45.

Ibid. 316, 4:22. So, also, they have power, under this general (b) The act of 1795, which confers power on the president to call authority, to provide for the punishment of any offences which forth the militia in certain exigencies, is constitutional; and the interfere with, obstruct or prevent commerce and naviration with proident is the exclusive and final judge whether the exigency foreign states, and among the several states, although such has ari-D. Martin r. Mott, 12 Wh. 19.

offences may be done on land. United States v. Coombs, 12 (e) The militia of the several states are not subject to martial Pet. 78. law, unless they are in the actual service of the United States. (h) This section has no application to the state governments. Mills r. Martin, 19 Johns. 7. And this does not commence until Butler v. IIopper, 1 W.C. C. 499. their arrival at the place of rendezvous. llouston v. Moore, 5 Wh. (i) Er post fucto laws are such as create or aggravate crime, or 20. So far as congress has provided for organizing the militia, increase the punishment, or change the rules of evidence for the the legislative powers of the states are excluded. Houston v. purpose of conviction. Calder 1. Bull, 3 Dall. 390. The phrase Viore, 5 Wh. 51. Mooro r. IIouston, 3 S. & R. 109. But a state only applies to penal and criminal laws, which inflict forfeitur s lezislature may lawfully provide for the trial by courts martial, or punishments, and not to civil proceedings which affect private of drafted militia, who shall refuse or neglect to march to the rights retrospectively. Watson r: Mercer, 8 Pet. 110. Carpenter place of rendezvous, azrecally to the orders of the governor, 7. Pennsylvania, 17 Ilow. 463. Fletcher v. Peck, 6 Cr. 138. Soriety founded on the requisitiou of the president of the United States. for the Propagation of the Gospel v. Wheeler, 2 Gall. 138. Unitel Ilid.

States r. Iall, 2 W. C. C. 366. Commonwealth v. Lewis, 6 Binn, (1) This includes the power of taxation. Loughborough v. 271. There is nothing in the constitution which forbis con ress Blake, 5 Wh. 317. The charter of the city of Washington did to pass laws violating the obligation of contracts, though such a not authorize the corporation to force the sale of lottery tickets in power is denied to the states. Evans v. Eaton, Pet. C. C. 323. states whose laws prohibited such sales. Cohens v. Virginia, 6 (1) IIyiton r. United States, 3 Dall. 171. Loughborough t. Ibid. 264.

Blake, 5 Wh. 320-1. (c) The right of exclusive legislation carries with it the right (1) A state law requiring the payment of pilotage fees, does at of exclusire juridiction. United States v. Cornell, 2 Mas. 60, 91. infringe this clauro. Cooley v. Board of Wardens. 12 Ilow, 314-15. 6 Opin. 577. But the purchase of laud: by the United States for Seo Pennsylvania v. Wheeling and Belmont Bridge Co., 18 Ibid. prblie purposes, within the terri ial limits of a state, does ot 421. of twelf oast the juristliction or sovereignty of such state, over the (m) Whether the public moneys at the disposal of the postmaster. lands so purchased. United States v. Cornell, 2 Mas. 60. The general are technically in the treasury or not. the spirit of this cop-titution prescribes the only moule by which they can acquire provision applies to them, and oucht to be faithfully observed in land as & sovereign power, and therefore they hold only as an their expenditure. 3 Opin. 13. No other remedy exists for a cres in livilual when they obtain it in any other manner. Cominon- ditor of the government, than an application to congress for pay. wealth . Young, Brightly, 302. People v. Goufrey, 17 Johns. 225. no'nt; he cannot have a lien on the public property in his See United States v. Traver, 2 Wh. Cr. Cas. 490. People v. Lent, possession or custody. United States v. Barney, 3 Hall, L. J. 180. Ibil. 518. It seems however, that the states have not the right s. c. 2 Wh. Cr. Cas. 513.

Art. 1. Sect. 8.

Taxation.

Loans.

Commerce.

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 ;(6) 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 () with foreign nations, (e) and among the several states, (g)

and with the Indian tribes:(h) Naturalization. 5. To establish an uniform rule of naturalization ;(i) and uniform laws on the sulject Bankruptcy. of bankruptcies throughout the United States :(k) Coin.

6. To coin money, regulate the value thereof, and of foreign coin ; and fix the standard Weights, &c. of weights and measures : Counterfeiting. 7. To provide for the punishment of counterfeiting the securities and current coin of

the United States:()

8. To establish post offices and post roads :(m) Patents and copy- 9. To promote the progress of science and useful arts,(n) hy securing for limited times, rights.

to authors (0) and inventors, the exclusive right to their respective writings and discoveries:

10. To constitute tribunals inferior to the supreme court:(p) Piracies, &c. 11. To detine and punish piracies (9) and felonies committed on the high seas, and

offences against the law of nations:

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

Post offices.

Courts.

War.

(a) The power to levy and collect taxes, duties, imposts and 585. Smith v. Turner, 7 Ibid. 556. Golden v. Prince, 3 W.C. C. ercises, is coextensive with the territory of the United States. 314. Loughborough v. Blake, 5 Wh. 317.

(k) The states have authority to pass bankrupt laws, provided 16) Congress is not empowered to tax for those purposes which they do not impair the obligation of contracts, and provided there are within the exclusive province of the states. Gibbons r. Oguon, be no act of congress in force to establish a uniform system of 9 Wb. 199.

bankruptcy, conflicting with such laws. Sturges r. Crowninshield, (C) The states have no power to tax the loans of the United 4 Wh, 1:22. MeMillan v. McNeill. Ibid. 209. But an act of a state States. Weston r. City Council of Charleston, 2 Pet. 419, 465. legislature which discharges a debtor from all liability for debts

(d) This power, like all others vested in congress, is complete contracted previous to his discharge, on his surrendering his proin itself, may be exercised to its utmost extent, and acknowledges perty for the benefit of his creditors, is invalid so far as it attempts po limitations other than are prescribed in the constitution. to discharge the contract. Farmers' and Mechanics Bank v. Gibbons r. Ogden. 9 Wh. 196. Commerce with foreign nations, Smith, 6 Wh. 131. A mere insolvent law, however, is not within

nd among the several states, can mean nothing more than inter- the prohibition. Ogden 1. Saunders, 12 Wh. 213. Masou e. Haile, ourse with those nations, and among those states, for the pur. Ibid. 370. Boyle v. Zacharie, 6 Pet. 348, 635. Beers v. Haughtou, poses of trade, be the object of the trade what it may; and this 9 Ibid. 329. And see Suydum v. Broadnax, 14 Ibid. 67. Cook v. intercourse must include all the means by which it can be carried Moffat, 5 lIow, 295. on, whether by the free navigation of the waters of the several (1) This power is limited to the coining and stamping the states, or hy a passage over land through the states, where such standard of value upon what the government creates or shall passage becomes necessary to the commercial intercourse between adopt, and to punishing the offence of producing a false reprethe states. Corfield v. Coryell, 4 W.C. C. 378. Pennsylvania v. sentation of what may have been so created or adopted. Fox r. Wheeling and Belmont Bridge Co., 18 Ilow. 421. Columbus Ius. Ohio, 5 Ilow. 433. Whether congress has power to provide for the Co. 1. Peoria Bridge Co., 6 McLean, 70, Columbus Ins. Co. o. punishment of the offence of passing counterfeit coin, has been Curtenins, Ibid. 209. Jolly v. Terre Haute Draw-Bridge Co., Ibid. doubted. United States v. ,2 Law Rep. 90. This power is 257. United States ?. Railroad Bridge Co., Ibid. 518. This clause certainly possessed by the states. Fox v. Ohio, 5 Hlow, 410. But confers the power to impose embargoes. Gibbons r. Ogden, 9 Wh. congress may, without doubt, provide for punishing the offence of 191. United States v. The William, 2 Hall, L. J.255, 272 And bringing into the United States, from a foreign place. false, forged to punish crimes upon stranded vessels. United States r. Coombs, and counterfeit coins, made in the similitude of coins of the 12 Pet. 72. It does not, however, interfere with the right of the United States; and also for the punishment of the offence of Several states to enact inspection, quarantine and health laws of uttering and passing the same. United States v. Marigold, 9 erery description, as well as laws for regulating their internal How, 560. commerce. Gibbons v. Ogden, 9 Wh. 203. New York o. Miln, 11 (m) It is under this power that congress have adopted the mail Pet. 102. Nor with their power to regulate pilots. Cooley u. regulations of the union, and punish all depredations on the mail. Board of Wardens, 12 How. 299. Or to protect their fisheries. Sturtevants v.City of Alton, 3 McLean, 393. The power to establish Smith v. Maryland, 18 Ibid. 71. Dunham v. Lamphere, 3 Gray, post roads, is restricted to such as are regularly laid out under the 209.

laws of the several states. Cleaveland, lainesville and Ashtalula (! A state law which requires the masters of vessels engaged Railroad Co. v. Franklin Canal Co., Pittsburgh Leg. J. 24 Dec. in for inn commerre, to pay a certain sum to a state officer, on 1853. But see Peungylvania v. Wheeling and Belmont Bridge arount of every passenger brought from a foreign country into Co., 18 low. 421. the state or before landing any alien passenger in the state, con- (n) Patents are entitled to a liberal construction, since they are fits with the constitution and laws of the United States. Smith not granted as restrictions upon the rights of the community, 1. Turner, 7 Ilow. 283. So does a state law autborizing the seiz- but “to promote the prozress of science and useful arts," ure and imprisonment of free negroes brought into any port of Blanchard v. Sprague, 3 suun. 635. Grant r. Raymond, 6 let. the state on board of any vessel from any other state or foreign 218. llovy v. Emerson, 6 How. 456. Brooks , Fiske. 15 lbid. 223. port. Elkisen r. Deliesseline, 2 Wh. Cr. Cas. 56. 1 Opin. 659. The power of congress to legislate upon the sulject of patents is (But sce 2 Opin, 426, contra.) And so does a state law which re- plep:ry, by the terms of the constitution, and as there are no quires an importer to take a license and pay $50 before he should restraints on its exercise, there can be no limitation of their right be permitted to sell a parkage of imported goods. Brown v. Mary. to modify them at their pleasure, so that they do not take away land, 12 Wh. 419. But a state law imposing a tax on brokers the rights of property in existing patents. Mcllurg u. Kingslaud, dealing in foreign exchange is not repugnant to this clause of the 1 Ibid. 206. Therefore, congress has the power to grant the ronstitution. Nathan r. Louisiana, 8 How. 73. Nor is one im- extension of a patent which has been renewed under the act of posing, a tax on leraris payabiles to aliens. Mager y. Grima, 1836. Bloomer r. Stulley, 5 MeLean, 158. Their power to reserve ibid. 490. Nor are the license laws of certain states, forbidding rights and privileges to assignees, on extending the term of a the sale of spirituous liquors, under less than certain large patent, is incidental to the general power conferred by the cou. quantities. Thurlow : Wassachusetts, 5 low. 601. The state stitution. Blanchard's Gun-Stuck Turning Factory v. Varner, 1 t. Allmond, 4 Am. L. R. 533. See California v. Coleman, 4 Cal. Blatch. 258. 40-7.

(o) In the United States, an author has no exclusive property (9) Congress have power to prevent the obstruction of any in a published work, except under some act of congress. Wheaton navigable river, which is a means of commerce between any two v. Peters, 8 Pet. 591. And see Jefferys v. Boosey, 30 Eng. L. & or more states. Works v. Junction Railroad, 5 McLean, 126. Eq. 1. Dudley v. Mayhew, 3 Comst. 9. Jolly r. Terre llaute Draw. Bridge Co., 6 Ibid. 237. Devoe v. Pen- (p) See American Insurance Co. v. Canter, 1 Pet. 516. rose Ferry Bridge C0,3 Am. L. R. 79. But a state law granting (The crime of piracy is defined by the law of nations with the exclusive privilege of navigating a part of an unnavigable reasonable certainty United States v. Smith, 5 Wh. 153, stream, which is wholly within the state, on condition of rendier- (T) As a consequence of the power of declaring war and making ing such part navigable, is not repugnant to the constitution. treaties, the government possesses the power of acquiring territory Venzie r. Moor, 14 Ilow. 568. And seo Wilson v. Blackbird Creek either by conquest or by treaty. American Ins. Co. v. Canter. 1 Marsh Co., 2 Pet. 251.

Pet. 542. When the legislative authority has declared war, the ih) Under the power to regulate commerce with the Indian executive authority to whom its execution is contided, is bound tribes, congress have power to prohibit all intercourse with them, to carry it into effect; he has a discretion vested in him, as to the except under a license. Cuited States v. Cisna, 1 McLean, 254 manner and extent; but he cannot lawfully transcend the rules

() The power to pass naturalization laws would seem to be of warfare established among civilized nations. Brown a loited exclusively in congress Chirac v. Chirac, 2 Wh, 269. United States, 8 Cr. 153. Stutes v. Villato, 2 Dall. 372. Thurlow v. Massachusetts, 5 How.

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laws.

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 :

10. To provide for calling forth the militia to execute the laws of the Union, suppress Militia. insurrections and repel invasions :(8)

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: 18. To exercise exclusive legislation, in all cases whatsoever, over such district (not Exclusive legi-la

tion. exceeding 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 (9) and proper for carrying into execu- Laws for carrying

out rested tion the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.

Sect. IX.(h) 1. The migration or importation of such persons as any of the states now Slave tradle. 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.

Ex post facto 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.(?)

6. No money shall be drawn from the treasury, but in consequence of appropriations Receipts and ex. made 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 probi. (a) Congress have a constitutional power to enlist minors, in to tax lands purchased by the United States for public purposes, the nary or army, without the consent of their parents. United although the consent of the legislature may not have been given States r. Bainbridge, 1 Mas. 71. Case of Emanuel Roberts, 2 Ilall, to the purchase. United States v. Weise, 2 Wall. Jr. 72. And see ',. J. 192. United States v. Stewart, Crabbe, 265. Commonwealth 7 Opin. 628. r. Murray, 4 Binn. 487. Comunonwealth o. Barker, 5 Ibid. 123. (9) This does not mean absolutely necessary, nor does it imply Commonwealth v. Morris, Phila. R. 351. Ex parte Drown, 5 Cr. C. the use of only the most direct and simple means calculated to C. 554. Public policy requires that a minor shall be at liberty to produce the end. Commonwealth V. Lewis, 6 Binn. 270-1. enter into a contract to serve the state, whenever sach contract McCullocht. Maryland, 4 Wh. 413. And, therefore, congress ha! is not positively forbidden by the state itself. Commonwealth v. power to charter the bank of the United States, as a necessary aud Gamble, 11 S. & R. 91. The King v. Rutherford Greys, 1 Barn. & useful instrument of the fiscal operations of the government. Cress. 345.

Ibid. 316, 4:22. So, also, they have power, under this general (b) The act of 1795, which confers power on the president to call authority, to provide for the punishinent of any offences which frirth the militia in certain exigencies, is constitutional; and the interfere with, obstruct or prevent commerce and navization with president is the exclusive and tinal judge whether the exigency foreign states, and among the several states, although such has ari en. Martin . Mott, 12 Wh. 19.

offences may be done on land. United States v. Coombs, 12 (c) The militia of the reveral states are not subject to martial Pet. 78. law, unless they are in the actual service of the United States. (h) This section has no application to the state governments. Mills t. Martin, 19 Johns. 7. And this does not commence until Butler u. IIopper, 1 W. C. C. 499. their arrival at the place of rendezvous. llouston v. Moore, 5 Wh. (i) Er post facto laws are such as create or aggravate crime, or

So far as congress has provided for organizing the militia, increase the punishment, or change the rules of evidence for the the legislative powers of the states are excluded. llouston v. purpose of conviction. Calder r. Bull, 3 Dall. 390. The phrase More, 5 Wh. 51. Moore v. Houston, 3 S. & R. 169. But a state only applies to penal and criminal laws, which inflict forfeitur : legislature may lawfully provide for the trial by courts martial, or punishments, and not to civil proceedings which alleet private of drafted militia, who shall refuse or neglect to march to the rights retrospectively. Watson v. Mercer, 8 Pet. 110. Carpenter place of rendezvous, agreeally to the orders of the governor, r'. l'ennsylvania, 17 Ilow. 463. Fletcher v. Peck, o Cr. 138. Sority founded on the requisition of the president of the United States. for the Propagation of the Gospel v. Wheeler, 2 Gall. 138. Unitel Ibid.

States v. Hall, 2 W. C. C. 366. Commonwealth v. Lewis, 6 Binn. (1) This includes the power of taxation. Loughborough v. 271. There is nothing in the constitution which forbids congress Blakc, 5 Wh. 317. The charter of the city of Washington did to pass laws violating the obligation of contracts, though such a not authorize the corporatiou to force the sale of lottery tickets in power is denied to the states, Evans v. Eaton, Pet. C. C. 323 ftates whose laws proljbited such sales. Coheas v. Virginia, 6 (1) Ilyiton 1. United States, 3 Dall. 171. Loughborouib 0. Ibid. 264.

Blake, 5 Wh. 320-1. (c) The right of exclusive legislation carries with it the right (1) A state law requiring the payment of pilotage fees, does no of exclusire juri lietion. United States v. Cornell, 2 Mas, 60, 91. infringe this clause. Cooley v. Board of Wardens, 12 IIow. 31+-)5. 6 Opin. 577. But the purchase of lands by the United States for See Pennsylvania v. Wheeling and Belmont Bridge Co., 18 Ibid. prblic purposes, within the territorial limits of a state, does not 421. of itself oust the juris.liction or sovereignty of such state, over the (m) Whether the public moneys at the disposal of the postmaster. lands so purchased. United States v. Cornell, 2 vas. 60. The general are technically in the treasury or not, the spirit of this constitution prescribes the only motle by which they can acquire provision applies to them, and on ht to be faithfully observed in land as a sovereign power, and therefore they hold only as an their expenditure. 3 Opin. 13. No other remedy exists for a cre. individual when they obtain it in any other manner. Common- ditor of the government, than an application to cougress for pay. Wealth r. Young, Brighily, 302. People v. Gouisrey, 17 Johor. 225. mant; he cannot hare a lien on the public property in his See L'nited States v. Traver, 2 Wh. Cr. Cas. 490. People v. Lent, possession or custody. United States v. Barney, 3 llall, L. J. 130. Ibid. 543. It seems lowever, that the states have not the right 8. v. 2 Wh. Cr. Cas. 513.

20.

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