The Government Class Book Part 12

--6. Vessels of the United States going to foreign countries, are, at the request of the masters, furnished with pa.s.sports. A _pa.s.sport_ is a writing from the proper authority of a state or kingdom, granting permission to pa.s.s from place to place, or to navigate some sea without hinderance or molestation. It contains the name of the vessel and that of her master, her tunnage, and the number of her crew, certifying that she belongs to the subjects of a particular state, and requiring all persons at peace with that state, to suffer her to proceed on her voyage without interruption. In this country the form of a pa.s.sport is prepared by the secretary of state, and approved by the president.

--7. The navigation laws also provide for the safety of pa.s.sengers and the crews of vessels, limiting the number of pa.s.sengers on pa.s.senger vessels, and prescribing the quant.i.ty of water and certain kinds of provisions which merchant vessels are required to have for each person on board. They also declare what persons may be employed on board, and how funds shall be provided for sick and disabled seamen.

--8. Under the power to regulate commerce, congress has also pa.s.sed laws relating to quarantines. The word _quarantine_, from the Latin _quarantina_, signifies the s.p.a.ce of forty days. Originally vessels suspected of having contagious sickness on board, or of being infected with malignant, contagious disease, were forbidden, for forty days, to have intercourse with the place or port at which they arrived. The period for which s.h.i.+ps are now detained is not defined, but is fixed by the proper officers at their discretion, according to circ.u.mstances.

Quarantines are required by the health laws of the states; and by the laws of congress, vessels are to be subject to the health laws of the state at whose ports they arrive.

--9. In connection with the power to regulate foreign commerce, power is given to regulate "commerce among the several states," or _internal_ commerce. We have noticed the difficulties which attended the different commercial regulations of the states, and the necessity of a uniform system, which could be had only by giving congress alone the power to regulate commerce. (Chap. x.x.xI., --7.) Without the power to regulate _internal_ commerce, congress could not give effect to the power to regulate foreign commerce. One state might impose unjust and oppressive duties upon goods imported or exported through it by another state. But in the hands of congress, the power to regulate internal as well as foreign commerce, secures to all the states the benefits of a free and uninterrupted trade.

--10. In granting to congress the power to regulate commerce "with the Indian tribes," it was intended to lessen the dangers of war. Murders and war had been provoked by the improper conduct of some of the states.

It was believed, that, by a uniform policy, difficulties would be more likely to be prevented; and that if they should occur, they would be more likely to be amicably settled by the general government than by a state, which, being an interested party, would be more liable to misjudge the matter in dispute, and more rigid in demanding satisfaction for injuries, as well as more severe in redressing them.

Chapter x.x.xIV.

Powers of Congress in relation to Naturalization; Bankruptcy; Coining Money; Weights and Measures; Punishment of Counterfeiting.

--1. The next clause grants to congress the power "to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States." We have already noticed some of the disqualifications of aliens. (Chap. VI, --5.) By the common law of England and this country, aliens were not only politically disqualified, but they could not in their own name lawfully hold and sell real estate.

To admit aliens to all the rights and privileges of citizens immediately on their arrival in this country, and before they shall have acquired a knowledge of our government and laws, and of the duties of citizens, would be expedient. Educated under monarchical governments, many of them, it is to be presumed, have little respect for our republican inst.i.tutions, or at most but an imperfect knowledge of them.

--2. But to deny foreigners the rights of citizens after they shall have acquired a fixed residence here, and a knowledge of their civil and political duties, would be illiberal and unjust. Provision has therefore been made for removing their disqualifications, or for _naturalizing_ them; that is, for investing them with the rights and privileges of _natural_ born citizens. But if different rules were established by the different states, a person, having become naturalized in one state, would, on removing into another state, be deprived of the rights of citizens.h.i.+p, until he should have been naturalized by the laws of such state. Besides, by the const.i.tution, a person, on becoming a citizen of any state, is a citizen of the United States, and ent.i.tled to the privileges of a citizen in any other state. (Art. IV., --2.) As, therefore, there should be one uniform rule, the power of naturalization is properly given to congress.

--3. An alien, to become a citizen, must declare on oath before a state court or a circuit court of the United States, or before a clerk of either of said courts, after having resided three years in the United States, that it is his intention to become a citizen, and to renounce his allegiance to all foreign governments, and particularly that under which he formerly lived, and that he will support the const.i.tution of the United States. Then after two years, the court, if satisfied that he has resided five years in the United States, and one year in the state in which the court is held, and that during that time he has behaved as a man of good moral character, and is attached to the principles of the const.i.tution, may admit him as a citizen.

--4. An alien minor who has resided in the United States at least three years before he was twenty-one years of age, may, at any time after that age and five years' residence in the United States, be admitted as a citizen, without having previously declared his intention to become a citizen. Also the minor children of a naturalized citizen, if dwelling in the United States at the time of his naturalization, become citizens.

--5. A _bankrupt_ is an insolvent debtor; that is, a person who is unable to pay all his just debts. A _bankrupt law_ is a law which, upon an insolvent's giving up all his property to his creditors, discharges him from the payment of his debts. Such laws are designed for the benefit of honest and unfortunate debtors, who, by having the enjoyment of their future earnings secured to them, are encouraged to engage anew in industrial pursuits. But these laws, intended for the benefit of the unfortunate poor, have enabled dishonest and fraudulent debtors to procure a release from their debts.

--6. Experience had shown the propriety of intrusting to congress the power to make these laws. The dissimilar and conflicting laws of the different states, and the entire want of them in others, had caused great inconvenience. A debtor, though discharged from debt by the laws of one state, was liable to be prosecuted on removing into another state. Important as such laws were deemed, there is no existing law on the subject. A bankrupt law was pa.s.sed in April, 1800, and repealed in December, 1803. Another was pa.s.sed in 1841, which was of still shorter duration.

--7. The next power mentioned is the power "to coin money and regulate the value thereof." As a consequence of giving this power to Congress, we have a uniform currency throughout the union. We have also, instead of the awkward system of reckoning by pounds, s.h.i.+llings, and pence, the more convenient decimal mode of calculation by dollars and cents. The old system was rendered the more inconvenient by the difference in the value of a pound, s.h.i.+lling, and penny in the different states. A merchant in a New England state, buying goods in New York or Philadelphia, must, in order to put prices upon them, reduce the currency of the state in which he bought them to New England currency.

Thus, the cost of an article being in New York two s.h.i.+llings and four pence a pound, would be in Connecticut one s.h.i.+lling and nine pence. One s.h.i.+lling and six pence in New York would be in any New England state one s.h.i.+lling and a penny and a half.

--8. The place where money is coined is called _mint_. The princ.i.p.al mint in the United States, and the first that was established in this country, is at Philadelphia. The business of coining is under the superintendence of a director. Under him are a treasurer, an a.s.sayer, a chief coiner, an engraver, and a melter and refiner. The gold and silver, before it is coined, is called _bullion_. There is a branch mint in New Orleans, one at Charlotte, in North Carolina, one at Dahlonega, in Georgia, one in California, and one in the city of New York. At the place last mentioned, gold is a.s.sayed, but not coined.

--9. The clause containing the power last quoted, gives power also to "fix the standard of weights and measures." For the convenience of trade between the states, the standard of weights and measures should be the same in all the states. Without such uniformity, commerce among the states would meet with embarra.s.sments scarcely less than those experienced from the want of a uniform currency. To effect the desired object, this power was given to congress.

--10. The next power in the list is the power "to provide for the punishment of counterfeiting the securities and current coin of the United States." By securities here are meant bonds and other evidences of debt. As the general government has the power to borrow money and to coin money, it is proper that it should also have the power to provide for punis.h.i.+ng those who forge its written obligations for the payment of the money borrowed, and who counterfeit its coin. These offenses are tried in the courts of the United States.

Chapter x.x.xV.

Powers of Congress in relation to Post-Offices, Copy-Rights, and Patents, and Inferior Courts.

--1. Congress has power "to establish post-offices and post-roads." The post-office department, from the facilities which it affords for the circulation of intelligence and the transaction of business, is an inst.i.tution of incalculable value to the union. It is impossible to conceive all the difficulties which would attend the exercise of this power by the different states. A uniform system of regulations is indispensable to the efficiency of this department, and could be secured only by placing this power in the hands of congress.

--2. Congress has power "to promote the progress of science and the useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries."

Useful sciences and arts are promoted by new books and new inventions.

But if every man had the right to print and sell every book or writing, without compensation to the author, there would be little to encourage men of ability to spend, as is often done, years of labor in preparing new and useful works. Nor would men of genius be likely to spend their time and money in inventing and constructing expensive machinery, if others had an equal right to make and sell the same. In pursuance of the power here given, congress has enacted laws for the benefit of authors and inventors.

--3. The exclusive right of an author to the benefits of the sale of his books or writings, is called _copy-right_, and is obtained thus: The author sends a printed copy of the t.i.tle of his book to the clerk of the district court of the United States of the district in which the author resides. The clerk records the t.i.tle in a book, for which he receives fifty cents, and gives the author, under the seal of the court, a copy of the record, for which also he receives fifty cents.

--4. The author must also, within three months after the first publication of the work, deliver a copy of the same to the clerk of the district court. And he must cause to be printed on the t.i.tle page or page immediately following, of every copy of the book, words showing that the law has been complied with. This secures to the author the sole right to print and sell his work for twenty-eight years, at the expiration of which time, he may have his right continued for fourteen years longer, by again complying with the requirements of the law as before, provided it be done within six months before the expiration of the first term, and a copy of the record published in a newspaper for the s.p.a.ce of four weeks.

--5. _Patents_ for new inventions are obtained at the patent office at the seat of government. This office is connected with the department of the interior. (Chap. XLI, --7.) The commissioner of patents superintends the granting of patents under the direction of the secretary of the interior. To secure an exclusive right to an invention, the inventor must deliver to the commissioner of patents, a written description of his invention, and specify the improvement which he claims as his own discovery; and he must make oath that he believes he is the discoverer thereof.

--6. Before the pet.i.tion of an inventor is considered, he must pay the sum of thirty dollars. If the commissioner, upon examination, does not find that the invention had been before discovered, he issues a patent therefor. Patents are granted for the term of fourteen years, and may be renewed for a further term of seven years, if the inventor has not been able to obtain a reasonable profit from his invention.

--7. Congress has power "to const.i.tute tribunals inferior to the supreme court." As the first section of the third article of the const.i.tution, in providing for a national judiciary, authorizes congress to ordain and establish such inferior courts, the insertion of the power in this place seems to have been unnecessary, (Chap. XLII, --1.)

Chapter x.x.xVI.

Powers of Congress in relation to Piracy and Offenses against the Law of Nations; War; Marque and Reprisal, Public Defense, District of Columbia; Implied Powers.

--1. The next clause grants to congress the power "to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations." _Piracy_ is commonly defined to be forcible robbery or depredation upon the high seas. But the term _felony_ was not exactly defined by the laws of England, whence the common law of this country was derived; consequently its meaning was not the same in all the states. It was sometimes applied to capital offenses only; at other times, to all crimes above misdemeanors. For the sake of uniformity, the power to define these offenses is given to congress: and as the states have no jurisdiction beyond their own limits, it is proper that congress should have the power to punish as well as define crimes committed on the high seas.

--2. Nor were offenses against the law of nations more clearly defined: therefore the power to define these are with equal propriety given to congress. As our citizens are regarded by foreign nations as citizens of the United States and not as citizens of their respective states; and as the general government alone is responsible to foreign nations for injuries committed on the high seas by citizens of the United States, this power is vested in congress.

--3. Congress is also properly intrusted with the power "to declare war; grant letters of marque and reprisal; and make rules concerning captures on land and water." It is very evident that a single state ought not to be allowed to make war. As the people of all the states become involved in the evils of war, the power to declare it is justly given to the representatives of the whole nation. In monarchical governments this power is exercised by the king, or supreme ruler. But so important a power should not be intrusted to a single individual. The framers of the const.i.tution have wisely intrusted it to the representatives of those who have to bear the burdens of the war.

--4. _Marque_ means pa.s.sing the frontier or limits of a country; _reprisal_, taking in return. _Letters of marque and reprisal_ authorize persons injured by citizens or subjects of another nation to seize the bodies or goods of any of the citizens of such nation, and detain them until satisfaction shall be made. To permit an individual to act as judge in his own case in redressing his private wrongs would increase the dangers of war.

--5. Nor should a state be permitted to authorize its citizens to make reprisals; for, although such authority is designed to enable the citizens of one country to obtain redress for injuries committed by those of another, without a resort to war, the tendency of reprisals is to provoke rather than to prevent war; and as the whole nation becomes involved in a war, the power to authorize reprisals properly belongs to the general government. Indeed it is not clear that such license ought ever to be given. It does not appear strictly just to capture the bodies or goods of unoffending persons, especially before war has been declared between the two countries. But if the power to grant such license is ever to be exercised, it ought to be vested in congress.

--6. As congress has the power to declare war, it ought to have power to make rules concerning the property captured in time of war. The general practice is to distribute the proceeds of the property among the captors as a reward for bravery and a stimulus to exertion. But proof must be made in a court of the United States that the property was taken from the enemy, before it is condemned by the court as a prize.

--7. The next five clauses provide for the security and defense of the nation. The power to declare war would be of little use in the hands of congress, without power over the army, navy and militia. This had been proved by experience Congress had power under the confederation to declare war; but, as we have seen, it could not raise troops, nor compel the states to raise them. To guard against similar difficulties in future, power to control the public forces was placed where it can be promptly and effectively exercised.

--8. The next power of congress is, "to exercise exclusive legislation 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." If the seat of the general government were within the jurisdiction of a state, congress and other public officers would be dependent on the state authority for protection in the discharge of their duties. To guard the public business more effectually against the danger of interruption, complete and exclusive power at the seat of government is given to congress. The old congress had once, near the close of the Revolution, been treated with insult and abuse while sitting at Philadelphia; and the executive authority of Pennsylvania having failed to afford protection, congress adjourned to Princeton in the State of New Jersey.

--9. It appears that the cession of this territory to the general government had not yet been made; but it was in contemplation by the states of Virginia and Maryland to cede it. It is called the _District of Columbia_. Its inhabitants are subject to the laws of congress. That part of the district which was ceded by Virginia, was in 1846, retroceded _by_ congress to that state. To congress is given, with equal propriety, exclusive authority over all places purchased "for the erection of forts, magazines, a.r.s.enals, dock-yards, and other needful buildings."

--10. The last power granted in this section, is the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this const.i.tution in the government of the United States, or in any department or officer thereof." As it was impossible to enumerate in the const.i.tution every particular act which congress might find it necessary to perform, certain powers were expressly granted; and to these powers was added this general grant of power to pa.s.s laws for carrying them into effect.

--11. It is the opinion of eminent statesmen that this clause confers no additional power. They hold that the power therein granted is necessarily _implied_ or included in the foregoing powers. For example: The power "to regulate commerce" includes the power to cause the construction of break-waters and light-houses, the removal of obstructions from navigable rivers, and the improvement of harbors; for in regulating and facilitating commerce, these works and improvements are absolutely necessary. So the power "to establish post-offices"

implies the power to punish persons for robbing the mail. The doctrine is, "that wherever a general power to do a thing is given, every particular power for doing it is included." Hence it is inferred that congress would have had the power to pa.s.s the laws here authorized, though no express power for that purpose had been given.