The Government Class Book by Andrew W. Young

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Sec.5. The master of a vessel departing from the United States, bound to a
foreign port, must deliver to the collector of the district, a
_manifest_, which is an invoice, or account of the particulars of a
cargo of goods, and of their prices or value. This statement is
subscribed by the master, and sworn by him to be true. The collector
then grants a _clearance_, for the vessel, which is a certificate
stating that the commander has cleared his vessel according to law.

Sec.6. Vessels of the United States going to foreign countries, are, at the
request of the masters, furnished with passports. A _passport_ is a
writing from the proper authority of a state or kingdom, granting
permission to pass 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 passport is prepared
by the secretary of state, and approved by the president.

Sec.7. The navigation laws also provide for the safety of passengers and
the crews of vessels, limiting the number of passengers on passenger
vessels, and prescribing the quantity 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.

Sec.8. Under the power to regulate commerce, congress has also passed laws
relating to quarantines. The word _quarantine_, from the Latin
_quarantina_, signifies the space 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 ships are now detained is not defined, but is fixed by
the proper officers at their discretion, according to circumstances.
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.

Sec.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. XXXI., Sec.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.

Sec.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 XXXIV.

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

Sec.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, Sec.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
institutions, or at most but an imperfect knowledge of them.

Sec.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
citizenship, until he should have been naturalized by the laws of such
state. Besides, by the constitution, a person, on becoming a citizen of
any state, is a citizen of the United States, and entitled to the
privileges of a citizen in any other state. (Art. IV., Sec.2.) As,
therefore, there should be one uniform rule, the power of naturalization
is properly given to congress.

Sec.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 constitution 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
constitution, may admit him as a citizen.

Sec.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.

Sec.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.

Sec.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 passed in April, 1800, and repealed in
December, 1803. Another was passed in 1841, which was of still shorter
duration.

Sec.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, shillings, 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, shilling, 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 shillings and four
pence a pound, would be in Connecticut one shilling and nine pence. One
shilling and six pence in New York would be in any New England state
one shilling and a penny and a half.

Sec.8. The place where money is coined is called _mint_. The principal 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 assayer, 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 assayed, but not coined.

Sec.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 embarrassments scarcely less than those
experienced from the want of a uniform currency. To effect the desired
object, this power was given to congress.

Sec.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 punishing 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 XXXV.

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

Sec.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
institution 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.

Sec.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.

Sec.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 title 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 title 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.

Sec.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 title 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 space of four weeks.

Sec.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, Sec.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.

Sec.6. Before the petition 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.

Sec.7. Congress has power "to constitute tribunals inferior to the supreme
court." As the first section of the third article of the constitution,
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, Sec.1.)

Chapter XXXVI.

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.

Sec.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.

Sec.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.

Sec.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 constitution have wisely intrusted it to the representatives of
those who have to bear the burdens of the war.

Sec.4. _Marque_ means passing 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.

Sec.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.

Sec.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.

Sec.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.

Sec.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.

Sec.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, arsenals, dock-yards, and other needful
buildings."

Sec.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 constitution in
the government of the United States, or in any department or officer
thereof." As it was impossible to enumerate in the constitution 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 pass laws for carrying them into effect.

Sec.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 pass the laws here authorized,
though no express power for that purpose had been given.

Sec.12. Besides the long list of powers contained in the eighth section of
the first article of the constitution, and considered in preceding
chapters, there are sundry other powers of congress in subsequent
articles, which will be noticed in their order.

Chapter XXXVII.

Prohibitions on Congress.

Sec.1. While the constitution confers on congress all the powers deemed
necessary to be exercised for the general welfare, it imposes on
congress certain restrictions, the most of which are contained in the
next section. (Art. I, sec. 9.) The first prohibition is in these words:
"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."

Sec.2. It is generally known that, from an early period, slaves had been
imported into the colonies from Africa. At the time when the
constitution was formed, laws prohibiting the foreign slave trade had
been passed in all the states except North Carolina, South Carolina, and
Georgia. The delegates from these states in the convention insisted on
having the privilege of importing slaves secured, by withholding from
congress the power to prohibit the importation. A majority of the
convention were in favor of leaving congress free to prohibit the trade
at any time. But as it was doubtful whether these states would in such
case accede to the constitution; and as it was desirable to bring as
many states as possible into the union; it was at length agreed that the
trade should be left open, and free to all the states choosing to
continue it, until 1808, (twenty years;) congress being allowed,
however, to lay a duty or tax of ten dollars on every slave imported.

Sec.3. It has ever been a cause of wonder and regret to many, that the
traffic in human beings should have been permitted by the constitution,
even for the most limited period. It is, however, a gratifying fact,
that congress exercised its power for terminating the foreign slave
trade, at the earliest possible period. A law was passed in 1807, to go
into effect in January, 1808, making it unlawful, under severe
penalties, to import slaves into the United States; and in 1820, the
African slave trade was by law declared _piracy_, and made punishable by
death.

Sec.4. The next clause is, "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." _Habeas corpus_, (Latin,) signifies,
_have the body_. A person deprived of his liberty, may, before the final
judgment of a court is pronounced against him, petition a court or
judge, who issues a writ commanding the party imprisoning or detaining
him, to produce his body and the cause of his detention before the judge
or court. If the imprisonment or detention is found to be illegal, or
without sufficient cause, the prisoner is set at liberty.

Sec.5. The next clause declares, "No bill of attainder or _ex post facto_
law shall be passed." A _bill of attainder_ is an act of the legislature
by which the punishment of death is inflicted upon a person for some
crime, without any trial. If it inflicts a milder punishment, it is
usually called a bill of pains and penalties. Such laws are inconsistent
with the principles of republican government, and are therefore properly
prohibited.

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