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mended and encouraged Internal Improvements. During his administration, the system seemed to have become a part of the permanent policy of the country. Numerous surveys were completed, and large sums appropriated for various public works.

§ 176. General Jackson, while a member of the Senate, is understood to have had no constitutional scruples upon the subject; but, by his veto upon the well-known Maysville Road Bill,' he gave his influence in the negative. In whatever manner this document may be judged of, during the heat of temporary party controversies, there can be no doubt that it contains a temperate and judicious review of the question, and a correct decision upon the particular point submitted to him. That point was, the propriety of constructing by the general government a local road entirely within one state. There is no doubt that if the power of making Internal Improvements exist in the general government, it must be confined to national, not local objects. General Jackson, however, went further than this, and deemed that all the power which had been uninterruptedly exercised upon this subject, viz. that of appropriating money, was insufficient and unsafe for the successful prosecution of national works. He regarded it, notwithstanding the usage was admitted, as improper to cxercise powers not granted, and which might easily be conferred.

§ 177. Since this message, the Executive influence has been altogether opposed to Internal Improvements, and they have made little progress.

§ 178. We have now seen that the opinions of Presidents Jefferson, Madison, Monroe, and Jackson were opposed upon constitutional grounds to the exercise of such a power by the general government; but that all of them, except the latter, were in favor of the measures themselves, and under all their administra

1 Message, 27th May, 1830.

tions, except also the last, many national works were undertaken. President Adams alone conceded both the theory and practice.

The conclusion of the whole then is, that the weight of Legislative authority has been uniformly in favor of the power, while that of Executive authority has been against it.

§ 179. 3d. Of Judicial opinions we have none except general decisions upon the indirect powers of Congress.

The Supreme Court decided, that a contemporary exposition of the Constitution practised, and acquiesced in for a number of years, fixes the construction of the Constitution, and the court will not shake or alter it.' Also, that there is nothing in the Constitution of the United States which excludes incidental or implied powers.2

The two principles here cited might be considered as showing an inclination in the Supreme Court to sustain the power claimed by Congress. Yet, as it may be long before the question will come before that tribunal, it may be considered as open to discussion.

§180. Clause 8th. 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:

§ 181. In England it was solemnly decided,3 that an author had, by Common Law as well as by Statute, an exclusive right to his own works. In this country, Copy-rights and Patent-rights are derived from Acts of Congress, founded on this provision of the Constitution.

§ 182. The acts1 relative to Patents, direct that "Patents may be obtained for any new and useful art, machine, manufacture, or composition of matter not known before the application." The term for which a

11 Cranch, 299. 24 Wheaton, 316.
4 Acts of February, 1793, and April, 1800.

34 Burrows' Rep. 2303.

Such a law

Patent may be obtained is fourteen years. would seem to be an effectual protection to inventors against an infringement of their rights, yet we may see in the Life of Whitney' of how little avail it is against the pressing interests of society. In Georgia, no jury could be found to give him a verdict of damages for the open violation of his Patent for the Cotton Gin,-an invention which had doubled the value of cotton!

§ 183. Copy-rights were formerly secured for fourteen years; now, by the Act of February, 1831, in every respect better than the former, the term is prolonged to twenty-eight years, and at the expiration of that time, he (or, if he be dead), his wife or children, may renew it for fourteen years longer.

§ 184. Clause 9th. To constitute tribunals inferior to the Supreme Court: To define and punish piracies and felonies committed on the high seas, and offences against the Law of Nations:

§ 185. In another place we shall consider what relates to the Supreme and Inferior Courts.

By the Law of Nations, and by the Common Law, Piracy is defined to be-robbery on the high sea, that is, the same crime which, when committed on the land, is denominated robbery. Piracy is against all nations, and punished by all. A plea which would be good in one civilized state, would be good in all.

2

An alien under the sanction of a national commission, cannot commit piracy while he pursues his authority.3 Hence, the Barbary states are regarded as lawful powers, and not pirates.

§ 186. Felony, at Common Law, comprises every species of crime which occasions the forfeiture of lands and goods. These, under the English Law, were most crimes punishable with death, such as murder, forgery, theft, &c. But this does not include all offences on the 2 Blackst. Comm. 71, 72.

I See Silliman's Journal. 31 Kent's Comm. 176.

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high seas; for example, Lord Coke says that piracy is not felony, because punishable by the civil and not the common law.

§ 187. The High Seas means all the waters of the ocean, whether within the territorial boundaries of a foreign nation or of a domestic state.1

Between high-water mark and low-water mark, where the tide ebbs and flows, the Common Law and the Admiralty hold alternate jurisdiction; one upon the water when it is full sea, the other upon the land when it is ebb.

The high seas, here defined, however, do not extend to creeks and inlets, but, as it respects the states, means that part of the ocean which washes the sea-coast, and is not included within any county.

§ 188. Congress, by various enactments, have exercised the powers vested in them by this section, and have affixed various punishments to the crimes of treason, murder, robbery, piracy, &c.

§ 189. Congress has power to provide for the punishment of offences committed by persons serving on board a ship of war of the United States, wherever that ship may be: but Congress has not exercised that power in the case of a ship lying in the waters of the United States.2

§ 190. Clause 10th. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water:

§ 191. These powers are attributes of sovereignty; they are vested in the national government, and not in the states. The power of declaring war is the highest which the government possesses, and involves directly the happiness and existence of the people: as it is called the last resort of kings, so it is certainly the last appeal of nations.

§ 192. To grant letters of marque and reprisal is 15 Wheaton's Rep. 184, 200, 204. 23 Wheaton, 336.

but a part of the power to declare war; for such an act would unquestionably produce war.

§ 193. The power of "making rules concerning captures on land and water," which is superadded in the Constitution to that of declaring war, is not confined to captures which are extra-territorial, but extends to rules respecting enemies' property found within the territory, and is an express grant to Congress of the power of confiscating enemies' property found within the territory at the declaration of war, as an independent power, not included in that of declaring war.1

§ 194. Clause 11th. To raise and support armies; but no appropriation of money to that purpose shall be for a longer term than two years:

§ 195. The United States have always had a small standing army, to keep up the forts on the sea-board and awe the Indians. The provision preventing an appropriation for a longer period than two years was for the obvious purpose of keeping the standing army always within the immediate control of the people.

§ 196. Clause 12th. To provide and maintain a

navy:

This, like the provision to maintain an army, is a consequence of the general power to declare war, and is absolutely necessary to national existence. The United States have long had a respectable navy, and all the provisions necessary to its organization, support, and increase, have been provided for by law.

§ 197. Clause 13th. To make rules for the government and regulation of the land and naval forces:

Congress have established, by law, rules and articles of war for the government of the army,2 and rules and regulations for the government of the navy.' These rules provide for the discipline of the service, the mode of trial, and the punishment for offences. The rules and articles of war must be read at the head of each 18 Cranch, 110. 2 Act of April, 1806. 3 Act of April, 1800.

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