USA > Vermont > Outlines of the geography, natural and civil history and constitution of Vermont. Also the Constitution of the United States. with notes and queries > Part 14
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21
Clause 8. To promote the progress of science and use- ful arts, by securing, for limited times, to authors and in- ventors, the exclusive right to their respective writings and discoveries.
To give effect to the provision of this clause, the laws of copyright
What power has Congress to punish counterfeiting ? Why ? What power has Congress in regard to postal facilities ? What is the object of this grant ? Why must the United States have the whole control of this subject ? What is therefore forbidden ta the states and to individuals? How does Congress establish post-road? ? What besides highways may be post-roads ?
By what means may Congress promote the progress of science and arts ? What classes of laws have been ondeted in pursuance
186
CONSTITUTION OF THE UNITED STATES.
have been enacted for the protection of authors, and the patent laws for the protection of inventors. A copyright is the exclusive right of printing. publishing, and selling a book, map, chart, en- graving, musical composition, or other similar production, which is either original, or an original combination of materials. It is granted to the author or designer for the term of twenty eight years, with a renewal, under certain circumstances, for fourteen years longer. A patent secures to the inventor of any new and useful machine, art, manufacture, or composition of better, or any new and useful improvement of either of those things, the exclusive right of making, using, and selling it. It is granted for the term of seventeen years. Copyrights are granted only to citizens er ros- idents of the United States ; patents are granted not valy to citi- zens and residents, but also to aliens, excaja alicas of such coun- tries as discriminate against the United States
Clause 9. To constitute tribunals inferior to the Su- preme Court.
In the exer ise of the power granted by this cause. Congre was constituted the Circuit Corte, the District Courts, and the Court of Claims.
Clause 10. To define and punish paracies and felonies committed on the high seas, and offences against the law of nations.
By the law of nations is meant those general principles of jus- tice, and those usages, which define the rights and pre-erike the du- ties of nations in their intercourse with each other. According to that law, piracy is robbery on the high seas, committed in the spirit of universal hostility. The " high seas " includes the entire beran beyond low-water mark. Congress has enlarged the general definition of piracy by enacting that murder or robbery on the
of this clause ? What is a copyright ? To whom and for how long is it granted? What is a patent? For what term is it granted ? To what clas es of persons are copyrights and patents granted ?
What power has Congress to constitute tribunals of justice? What tribunals has it established ?
What power has Congress concerning crimes on the high seas? What is the law of nations ? What is piracy according to that law ? What do the " high sens " include ? How has Vongress enlarged
f
186
CONSTITUTION OF THE UNITED STATES.
high seas, robbery on shore by a person belonging to a piratical crew, the slave trade, and several other atrocious crimes committed on the high seas, or in any bay or river where the tide ebbs and flows, shall be punished as piraey. But erimes which are made pi- ratical by aet of Congress, are piracy only when committed by a citizen of the United States. " Felony " is a legal term of very large signification, employed to distinguish a class of crimes which, by the common laws of England, are punishable by forfeiture of lands and goods, and generally by death.
Clause 11. / To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
Under the Confederation, Congress could not declare war except with the assent of nine states, and thus was destitute of a power which is one of the highest attributes of sovereignty, and often necessary not only to the safety, but to the very existence of a na- tion. The Constitution makes Congress supreme in this particu- lar ; and, in this and the following clauses, confers upon it powers adequate to any emergency, whether of foreign war or domestic insurrection. When war is declared, it is the duty of the presi- dent to see that it is prosecuted to effect, and to this he is bound by the requirements of the Constitution, and by his official oath.
"Letters of marque and reprisal " are commissions issued by the government to private individuals, authorizing them to fit out armed vessels for the purpose of seizing the property of a foreign nation, or of its citizens, by way of retaliation for injuries commit- ted by such nation. To make reprisals without such letters is pi- racy. Capture is the taking of property by one of the parties at war from the other. Captured property is usually distributed
the general definition of piracy ? What persons only come within the scope of this enlarged definition ? What does the term " fel- ony " signify ?
What power has Congress in regard to war ? How was Congress restricted in this respect, under the confederation ? What disa- bility was thus imposed upon it ? How does the Constitution remedy this ? What is the duty of the president in time of war?
What are letters of marque and reprisal ? What is the crime of making reprisals without such letters ? What is capture? How
187
CONSTITUTION OF THE UNITED STATES.
among the captors, as a reward for their bravery ; but in some cases a share is assigned to the United States. The right of grant- ing letters of marque and reprisal, and of regulating captures, is granted to Congress, as incident to the right of declaring and con- trolling war.
Clause 12. To raise and support armies; but no ap- propriation of money to that use shall be for a longer time than two years.
Under tho Confederation, Congress could raise an army only by calling upon cach state for its proportion of the desired number of soldiers ; which it might refuse to furnish, or might furnish sooner or later at its own convenience. By this clause Congress is author- ized to raise an army directly from the people, without resort to the state governments, and without limitation as to numbers. To prevent the maintenance of a large standing army in time of peace is the object of the limitation of the time for which appropriations for the support of the army may be made.
Clause 13. To provide and maintain a navy.
The power here granted is unlimited as to its exercise, except by the judgment and discretion of Congress. The navy may therefore be enlarged tonny extent that may be found necessary for the protec- tion of the country, or of any of its interests. Until the rebellion of 1861, a comparatively small navy was all that the country need- ed ; but the peculiar emergencies of the war which grew out of that rebellion, rendered it necessary to multiply ships of war of every kind, to a degree which, in less than three years, raised the United States to the rank of a first class naval power.
is captured property disposed of? Why are the rights of issuing letters of marque and reprisal and regulating captures granted to Congress ?
What power has Congress in regard to raising armies, and with what restriction ? How was Congress embarrassed in regard to raising an army under the confederation ? How may it now raise an army? Why is the time for which appropriations may be made limited to two years ?
What power has Congress in regard to a navy ? With what limitation ? To what extent may the navy be enlarged ? What has been the past and what is the present condition of the navy ?
188
CONSTITUTION OF THE UNITED STATES.
Clause 14. To make rules for the government and reg- ulation of the land and naval forces.
The power here granted is necessary to carry into effect the powers already conferred of creating and maintaining an army and navy. Numerous rules for the government of the army and navy have accordingly been made, from time to time, by Congress, and by the Secretaries of War and of the Navy.
Clauses 15 and 16. To provide for calling forth the militia to execute the laws of the union, suppress insurrec- tions, and repeal invasions :- 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, reserving to the states respectively the ap- pointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.
It was one of the fatal weaknesses of the United States as a con- federation, that it had no control of the militia, and so was quite powerless to repires a sudden internal convulsion. There clauses of the Constitution delivered the government from that condition of imbecility, and gave it the power of self-preservation. But for these clauses the national existence must have perished in the rebellion of 1861. The calling out of seventy-five thousand mili- tia at the outbreak of the rebellion preserved the capital from cap- ture and destruction, and drafts from the militia at a subsequent period filled up the warted ranks of the volunteer any at a time most critical. By the militia is meant the entire body of citizens capable of bearing arms. The president is the sole judge whether it is necessary to call them out, and in what numbers. No organ- intion of the militia as a national boly took place till 1863, when a law was ens ted by Congress, patting the nation upon a military
What jouer has Congress to govern the army and navy ? Why is this ? How has this power been exercised ?
What power has Congress over the militia ? What element of fatal weakness, under the confederation ? How remedied by these clauses ? llow did these clauses preserve the national existence in the rebellion of 1861 ? What is meant by the militia ? What authority has the president in regard to calling them out ? When und Low were the militia first organized as a national body ?
189
CONSTITUTION OF THE UNITED STATES.
footing, and subjecting the entire military force of the country to the call of the president.
By that law all the able-bodied male citizens of the United States, between the ages of twenty and forty-five years, and all aliens, be- tween those ages, who shall have taken the preliminary measures to be naturalied, are constituted the national forces of the United States. For convenience in enrolling, calling out, and organizing the national forces, the United States are divided into enrollment districts ; and whenever it is deemed necessary to call out the forces for actual service the president is authorized to assign to each district the number of men it shall furnish, and they shall be selected from the whole number by a draft.
Clause 17. 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 the govern- ment of the United States, and to exercise like authority over all places purchased by consent of the legislature of the state in which the same shall be, for the ercetion of forts, magazines, arsenals, dock-yards, and other needful buildings.
The object of the first part of this clause was to secure for the United States a permanent seat of government, within the limits of which its jurisdiction should be supreme and exclusive, over all persons and for all purposes. Prior to the year 1800, the seat of government was temporarily established at Baltimore, Philadelphia, New York, and several other places. In the year 1800, the states of Maryland and Virginia ceded to the United States a tract of land ten miles square, including the cities of Washington and George- town in Maryland, and Alexandria in Virginia. This tract was called the District of Columbia, and the seat of government war
What persons constitute the national forces of the United States? Why are enrolment districts established ? llow are national forces called out ? What is said of the character of the conscription law?
What power has Congress over certain lands ceded to the United States, or purchased by them ? What is the object of the first part of this clause? Where was the seat of government prior to 1800 ? What took place in that year ? How was the District of Columbia
190
CONSTITUTION OF THE UNITED STATES.
established at Washington, where it has ever since remained. In 1846 the portion derived from Virginia was ceded back to that state. All the local affairs of the District of Columbia are regulated by Congress, but its inhabitants are not regarded as citi- zens of any state, and are not allowed, either to be represented in Congress, or to vote for president and vice president of the United States.
The United States cannot take land for publie purposes within the limits of a state without purchasing it, nor can they purchase without consent of the state legislature. But when the purchase is made, with consent, the United States acquires exclusive juris- diction, both in civil and criminal matters, unless a reservation is made by the state. In Vermont the United States have purchased lands at Windsor and Rutland, on which are erected court-houses ; at Burlington, on which are erected a custom-house and post-office ; and at Alburgh and Isle LaMott, which are used for light-house purposes. In all these cases the state has expressly reserved the right of serving legal process, both civil and criminal.
Clause 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing pow- ers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.
This sweeping clause was rendered necessary by the evident im- possibility of specifying every particular thing which Congress might do to answer the design of its creation. The term " necessa- ry," in the elause, does not mean absolutely necessary, so necessary as to be indispensable, but eligible, suitable. The law that is pro- posed for carrying into execution a power clearly granted to Con- gress need not be so necessary that the power can not be executed reduced in size in 1846 ? Under what disabilities are the inhabi- tants of the district ?
How are the United States restricted in regard to taking land for public purposes ? When a purchase of land is made with con- sent, what jurisdiction is uequired ? What lands has the United States purchased in Vermont ? What jurisdiction does the state retain ?
What power is granted to Congress in the 18th clause ? What
191
CONSTITUTION OF THE UNITED STATES.
without it. If it be well adapted to the proposed end, Congress has the right to cnaet it, though there may be other methods, equally good, of seeuring the same end.
The grant of various powers to Congress in the preceding sec- tion, does not of itself exclude the several states from the exercise of the same power. If Congress does not actually exercise the power, it may be exercised by the states, unless the language of the Constitution, or the nature of the power, requires that it be exercised exclusively by Congress. Thus, for example, Congress has power to make uniform laws on the subject of bankruptcy, but if it does not make such, the states may pass bankrupt laws. Pow- ers which may be exercised both by Congress and the states are ealled concurrent powers ; those which can be exercised only by Congress, exclusive powers.
SEC. 9. Clause 1. The migration or importation of such persons as any of the states now 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.
The object of this provision was to enable Congress to put an end to the slave trade after the year 1808, and to restrain the impor- tation of slaves prior to that time. Without such a provision the states could have continued the trade in slaves without any control by the general government. In the exercise of the power here granted, Congress enacted a law, prohibiting under severe penal- ties, the importation of slaves after the Ist of January, 1808. In 1820, another law was enacted, declaring the slave trade to be piracy, and punishable with death, and even the detaining of negroes on board of a ship, with intent to reduce them to slavery,
does the term " necessary " mean ? How is the power of Congress modified by that term ?
Does the grant of power to Congress exclude the states from the use of the same power ? When may the states use the same power ? Give un illustration. What are concurrent powers, and what ex- elusive ?
What is declared in section nine, paragraph one? What was the object of this? Without this provision, what power would the states have had ? What laws have been enacted to suppress the
192
CONSTITUTION OF THE UNITED STATES.
was declared to be piracy. It was not, however, until the rebellion of 1861 called universal attention to the atrocities of slavery, that the last named law was prosecuted to effect, and slave traders were actually executed as pirates. Many other laws have, from time to time, been enacted by Congress, having ns their object the entire suppression of the slave trade by American citizens and in Ameri- can vessels.
Clause 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, or invasion, the public safety may require it.
The writ of habeas corpus is a writ by which a person who is de- prived of his liberty may be brought before a competent tribunal, and inquiry be made into the reason of his arrest or imprisonment. If his detention appears to be illegal he is set at liberty. This writ is regarded as one of the most important safeguards of personal liberty guaranteed by the Constitution, and the suspension of it is not to be justified except in extreme emergencies. It never was in faet suspended till 1863, when " the public safety " during the rebellion rendering its suspension necessary, an act of Congress was passed authorizing the president to suspend the writ whenever he judged it should be advisable. He accordingly issued a proclama- tion in September, 1863, suspending the writ in all cases arising out of the military and naval service of the United States.
Clause 3. No bill of attainder, or ex post facto law, shall be passed.
A bill of attainder is a special aet of legislation condemning a person to suffer capital punishment for a crime of which he has not been convicted in the ordinary course of judicial proceedings. An
slave trade ? When was the law deelaring the slave trade to be piracy first put into execution ? What is said of other laws on the same subject ?
When only may the privilege of the writ of habeas corpus be suspended ? What is the writ of habeas corpus ? What benefit does it confer ? How is it regarded ? When was it first suspended, and why ? By whose authority was it suspended ? What question in regard to the suspension remains undetermined ?
What laws are disallowed by clause two ? What is a bill of
193
CONSTITUTION OF THE UNITED STATES.
ex post facto law is one which makes an net criminal and punisha- ble that was not criminal when committed, or which increases the criminality or aggravates the punishment of a crime already com- mitted, or diminishes the evidence upon which a conviction may be had. Such laws are prohibited because they are clearly unjust,
Clause 4. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
The object of this clause is to secure uniformity in the levying of direct taxes. See section eight, clause one.
Clause 5. No tax or duty shall be laid on articles ex- ported from any state.
Export duties are disallowed, beeanse the articles exported from different states are so various in their nature, that a tax upon any one artiele would impose a burden upon the state or states exporting it, from which the other states would be exempt, and so an ine- quality of taxation would be occasioned.
Clause 6. No preference shall be given by any regula- tion 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, or pay duties in another.
These prohibitions were made to prevent any such discrimination in the laws respecting commerce as would favor one state more than another, and to seenre equality, in that respect, to all the states. The inequalities produced in different states by their different com- mercial regulations were among the principal causes of the adop- tion of the Constitution.
Clause 7. No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and a
attainder ? What is an ex post facto law ? Why are these laws prohibited ?
How only may capitation and other direct taxes be laid ? What is the object of this provision ?
What is declared respecting export taxes and duties ? Why are they disallowed ?
What is declared in clause six ? Why were there prohibitions made ? What evil led to the making of them ?
194
CONSTITUTION OF THE UNITED STATES.
regular statement and account of the receipts and expen- ditures of all public money shall be published from time to time.
The object of this clause is to secure to Congress the control of the money in the treasury. That money belongs to the whole peo- ple, and their representatives alone have the right to control it. Persons having claims against the United States, have, therefore, no other mode of obtaining payment than to procure an act of , Congress appropriating money from the treasury to pay the claims.
! Clause 8. No title of nobility shall be granted by the United States ; and no person holding any office of profit or trust under them, shall, without the consent of the Con- gress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince or foreign state.
Titles of nobility are prohibited because they create distinctions of rank, contrary to the principle of the political equality of all the citizens, which is a fundamental principle in our government. The reception of presents or honors from foreign potentates or states is forbidden in order to prevent them from obtaining an influence with our officers and tempting them from their fidelity. Foreign rulers sometimes send presents to the president, and it is not thought courteous to decline them, but they are deposited in some of the public offices, or otherwise disposed of by order of Congress.
SEC. 10. Clause 1. No state shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of eredit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
How only can money be drawn from the treasury ? What is the object of this clause ? To whom does money in the treasury belong ? How is payment of claims against the United States to be obtained ? What is prohibited by clause eight ? Why are titles of nobility Prohibited ? Why is the reception of gifts and honors from foreign rulers and states prohibited ?
What restrictions upon the powers of the states are imposed by
.
195
CONSTITUTION OF THE UNITED STATES.
If the states were allowed to make treaties, they might make such as would conflict with those made by the general government, and so would occasion confusion and difficulty. The power of making treaties is therefore taken from the states. The granting of letters of marque and reprisal, is a hostile measure and frequently leads to war, and as the exclusive power of declaring war is granted to Congress, it is highly proper that it should also have the exclusive power of adopting this warlike measure. States are forbidden to coin money because their doing so would conflict with the exercise of the power, already granted to Congress, of coining money and regulating its value. By " bills of credit " are meant bills having the appearance of money, and designed to be circulated as such, but issued without regard to any capital. During the Revolu- tionury War, they were issued by Congress to the amount of $350,000,000, and were known as "continental currency." After the war they decreased in value till they became alinost worthless, occasioning a great deal of loss and suffering. To present similar evil results, the states were forbidden to issue bills of eredit. Dur- ing the war for the suppression of the rebellion, Congress issued such bills to the amount of more than four hundred millions of dollars, including more than twenty millions of dollars in fractional currency, and made them legal tender. The restrictions upon the states in regard to coining money, issuing bills of credit, and mak- ing anything but gold and silver a tender in payment of debts, were designed to secure a fixed and uniform currency throughout the United States.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.