aided by new inventions or discoveries, and by new books. But if every man had the privilege of printing and selling every book or writing, there would be little encouragement to men of ability to spend, as is often done, years of labor in preparing new works for the public. Nor would men of genius be likely to spend their time and money in inventing and constructing expensive machinery, if others had the same right as the inventors to make and sell the same.

§ 7. Congress has therefore enacted laws for the benefit of authors and inventors. The exclusive right of an author to the benefits of the printing and 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.

§ 8. The author must also, within three months after the 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. (See the 2d page of this book.) 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.

§ 9. If an author disposes of his interest in his work before a copy-right is secured, the person becoming the proprietor of the work procures the copy-right in his own name. A proprietor or owner of a copy-right may at any time sell and assign his right to another person; in which case the assignment is to be recorded in the office whence the right was issued.

§ 10. Patents for new inventions are obtained at the patent office at the seat of government, which office is con

nected with the department of state. The commissioner of patents superintends the granting of patents, under the direction of the secretary of state. 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 swear that he believes he is the true discoverer thereof.

§ 11. 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 farther term of seven years, if the inventor has not been able to obtain a reasonable profit from his invention. § 12. The power "to declare war," and the powers relating to the public defence, are all properly given to congress. It would be dangerous to allow a single state to make war; and to depend on the state governments to provide the means of prosecuting a war, had already been found to be unsafe. And as the people of all the states become involved in the calamity and expense of a war, the power to declare war ought to belong to the representatives of the nation.

13. Congress has also the power "to issue letters of marque and reprisal. Marque means passing the frontier or limits of a country; reprisal, taking in return. Letters of marque and reprisal give to persons injured by citizens of another nation, the liberty to seize the bodies or goods of any of the citizens of such nation, and detain them until satisfaction shall be made. It is not clear that such license ought ever to be given. Although it is designed to enable citizens of one country to obtain redress for injuries committed by those of another, without a resort to war, its tendency is to provoke rather than prevent war. Besides, it does not appear just to seize and detain the bodies or goods of unof fending persons. If the power to grant such license is ever to be exercised, it is properly vested in congress.

§ 14. Congress has power "to exercise exclusive legislation over such district (not exceeding ten miles square) as may, by cession of particular states, become the seat of government."

The "ten miles square," as appears from the language of the clause, was not yet in possession of the national government: but it was in contemplation, by the states of Maryland and Virginia, to cede it to the United States for the purpose mentioned. As it is the property of the nation, it is proper that congress alone should be allowed to make laws for the people therein. The district is called the District of Columbia. That part of it which was ceded by Virginia to the United States, was in 1846 retroceded by congress to that state.

EXERCISES.

§ 1. Why was the power to establish a rule of naturalization given to congress?

§ 2. How soon may an alien become a citizen? What is required by the rule of naturalization ?

§ 3. How do the children of aliens become citizens ?. In what case is the previous declaration of intention to become a citizen unnecessary?

§ 4. Why was the power to coin money and regulate its value given to congress? How has the inconvenience been removed?

§ 5. Where is money coined? What persons are employed in the mint? What is bullion?

§ 6. What is the object of the power to promote the progress of science and the arts?

§ 7, 8. What is a copy-right? How is this right secured? For how many years is the right secured? How, and for what term, may it be renewed?

§ 9. If the author is not the proprietor of a work, who obtains the copy-right? How may copy-rights be transferred?

§ 10, 11. Where is the patent office? What requirements must be complied with to procure a patent? For what term are patents granted? In what case, and for what term, may they be renewed?

12. Why is power to declare war and provide for prosecuting it given to congress?

§ 13. Define the words marque and reprisal. What is

granted by letters of marque and reprisal? What objections are there to granting such license?

§ 14. By what authority are the laws made for the people of the District of Columbia? Over what other places has congress such authority? (See the whole clause in the constitution.)

CHAPTER LII.

Powers prohibited to Congress and the States.

§ 1. WHILE the constitution gives many necessary and important powers to congress, there are certain powers which it expressly declares shall not be exercised either by congress or the states. (See Art. 1, § 9, 10.)

§ 2. "No bill of attainder or ex post facto law shall be passed. A bill of attainder is an act of a legislature, inflicting the punishment of death upon a person pronounced guilty of some crime, without trial. If it inflicts a milder punishment, it is called a bill of pains and penalties.

§ 3. An ex post facto law is, literally, a law which has effect upon an act after it is done. It here means a law to punish, as a crime, an act that was lawful when it was done. Thus, if a law should be passed, by which a man should suffer death for an act of justifiable homicide committed before the law was made, such would be an ex post facto law. A law is also an ex post facto law that inflicts a more severe penalty for an unlawful act, than was imposed for such offence when committed. Thus, if a law were passed to-day, requiring that men awaiting trial for petit larceny heretofore committed, should, on conviction, suffer death, or imprisonment in state prison, such law would be an ex post facto law.

§ 4. "No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken." (Cons. Art. 1, § 9.) The word capitation is derived from the same Latin word as capital, which has been defined. It is a tax of so much upon every head,

or poll, without respect to property; hence it is usually called a poll-tax. The above clause means, that if polltaxes, which are a kind of direct taxes, should be laid in pursuance of the 3d clause, 2d section, and 1st article of the constitution, only three-fifths of the slaves are to be counted. Poll-taxes are not laid to any great extent, in any of the states. In some, perhaps most of them, a part of the highway labor is thus assessed, and is the only poll-tax laid.

§ 5. "No attainder of treason shall work corruption of blood, or forfeiture, except, during the life of the person attainted." (Cons. Art. 3, § 3, cl. 2.) To the young reader this sentence may need explanation. Literally, attainder means a taint, or staining, or corruption; but it here signifies the same as judgment, or conviction. By the common law, the stain of treason was made to affect the blood of the traitor, so that he could neither inherit property himself, nor could his heirs inherit from him; but his whole estate was forfeited. The constitution properly abolishes a law by which the innocent were made to suffer for the crimes of others.

§ 6. Besides corruption of blood and forfeiture, the manner of inflicting the punishment was most disgraceful and inhuman. The offender was drawn to the gallows on a hurdle; hanged by the neck, and cut down alive; his entrails taken out and burned while he was yet alive; his head cut off; and his body quartered. Power being given to con"to declare the pungress, in the clause above referred to, ishment of treason," congress has abolished this barbarous practice. Hanging, simply, is the punishment.

§ 7. The states also, are properly prohibited from doing certain acts. (See Art. 1, § 10.) One of the things there forbidden is, to "make any thing but gold and silver coin a tender in payment of debts." This means that no person shall be compelled to take in payment of a debt any thing tendered or offered to him but gold and silver coin.

§ 8. Both during and after the war, a large amount of paper money, almost worthless, was put in circulation; and by some of the states, this money was declared to be a tender. Hence the propriety of this prohibition. But the