The expense of securing a copyright is but trifling, — fifty

cents.

8. An act of Congress passed Feb. 18, 1867, requires every proprietor of a book, pamphlet, map, chart, musical composition, print, engraving, or photograph, for which a copyright shall have been obtained, to deliver a printed copy of the same to the Congressional Library within one month after publication; penalty for neglect, twenty-five dollars. The publication may be transmitted free of postage if the words "copyright matter" be plainly written on the outside; and postmasters shall give a receipt for the same if requested.

2. PATENT RIGHT.

9. Patents are issued by the Patent Office at Washington, giving the inventor of any new and useful machine, instrument, manufacture, or composition of matter, or any new and useful improvement of them, the monopoly in their manufacture and sale. This patent right is secured to the inventor by the issue of what are called letters patent. To obtain letters patent the applicant must make a distinct specification, giving a full and complete description of his invention; and, in cases admitting of drawings and models, these must be made, and all deposited with the commissioner of patents.

10. The applicant's discovery or invention must not have been in use or on sale more than two years before making his application for letters patent. The Patent Office belongs to the Department of the Interior. The applicant must swear that he believes himself to be the original inventor of whatever he seeks to have patented.

11. Examination is made at the Patent Office, not only of that which is proposed to be patented, but of other models, drawings, and specifications deposited in the office, in order to ascertain whether there is any conflict of claims. If none are found, and that which is offered is regarded as patentable, letters patent are issued under the seal of the department, giving to the patentee, his heirs and assigns, the exclusive

right to control the manufacture and sale of the patented article for fourteen years. Letters patent cost the patentee thirty-five dollars, fifteen of which must accompany the application twenty more must be paid on their issue.

1. To declare war.

ART. VII. — WAR.

2. To grant letters of marque and reprisal.

3. To make rules concerning captures on land and water. (36) 4. To raise and support armies. (37)

5. To provide and maintain a navy. (38)

6. To make rules for the government and regulation of the land and naval forces. (39)

7. To provide,

1st, For organizing, arming, and disciplining the militia.
2d, For governing such part of the militia as may be em-

ployed in the service of the United States.

3d, For calling forth the militia,—

(a) To execute the laws of the Union.
(b) To suppress insurrections.

(c) To repel invasions. (40)

(41)

I. DECLARATION OF WAR.

I, A declaration of war is a solemn, formal, and deliberate notice to all the world in general, and particularly to the citizens of both nations involved, that hostilities actually exist, or are about to commence. The nation declaring war generally recites in the declaration the wrongs and aggressions of which complaint is made; thus making a direct appeal to the great family of nations in justification of the measure. "A decent respect for the opinions of mankind," as well as for the rights of neutral nations who may have indirect interests in the conflict, could scarcely require less. A war between two powerful nations jars the commercial interests of every nation on the globe.

2. The power to declare war is one of the prerogatives of

the sovereign of Great Britain; and it belongs to the sovereigns of most other countries. Sir William Blackstone says that "the right of making war, which by nature subsisted in every individual, is given up by all private persons that enter into society, and is vested in the sovereign power. This right is given up, not only by individuals, but by the entire body of the people who are under the dominion of the sovereign."

3. In this country the will of the people is the sovereign: at least, this is our theory. Could that will be definitely ascertained without delay, the power to declare war should be vested in the people. But practically the will of the people can be known through their representatives only, and hence the war power is vested in Congress.

4. In the convention that formed the Constitution there was a variety of opinion on the propriety of placing this power in the hands of Congress. One class of members was for vesting it in the Senate only; a second, for vesting it in the President; a third favored the plan of conferring it on both Senate and President; a fourth (and this proposition prevailed) was for giving it to Congress.

5. Before a declaration of war can be made, the subject must receive the most solemn and deliberate attention of the representatives of the people in Congress assembled. A declaration of war is an exercise of the highest prerogative of national sovereignty; and its effects on other nations and individuals, as well as on the nations and individuals more immediately involved, are so direful and calamitous, that it cannot be justified except as a last resort.

6. When a formal and solemn declaration of war has been made by Congress, peace can be secured only through the negotiations of ambassadors or ministers representing the contending powers. After the ministerial or ambassadorial conference has agreed on the terms of peace, the power to accept or reject those terms on the part of the United States belongs to the President and Senate. As we have seen in

considering the Senate powers, it requires a majority of two thirds of the members present to ratify any treaty, including a treaty of peace.

2. MARQUE AND REPRISAL.

7. The power to declare war doubtless implies the power to grant letters of marque and reprisal. Letters of this kind are sometimes issued by the government to prevent the necessity of a resort to war, though they are incident to the war-making power. They are frequently issued before a declaration of war. They are grantable by the law of nations, says Blackstone, whenever the subjects of one State are oppressed or injured by those of another, and justice is denied by that State to which the oppressor belongs.

8. Marque signifies, as here used, a license from the government to pass beyond the limits or jurisdiction of one's own country; and reprisal signifies a taking in return. Letters of marque and reprisal are a commission from the government, authorizing the bearer to pass beyond the boundaries of his own country for the purpose of capturing prizes of the enemy, consisting of their persons or goods. Whatever is so captured is held under certain regulations until satisfaction shall be made to the government or individuals injured.

9. This commission saves the bearer of it, and his crew, from the liability, if captured themselves, of being tried, convicted, and punished as pirates. In case it so happens in their conflicts that they are taken prisoners, they have the protection of their government that they shall be treated as prisoners of war; and in case they should be treated otherwise, their own government would retaliate.

3. CAPTURES.

10. But it is necessary that rules should be adopted concerning captures made, whether on land or water. Congress is authorized by the Constitution to make these rules, which,

when made, become laws, the same as any other laws; and, for the purpose of enforcing them, courts of admiralty have been established, whose business it is to inquire into the legality of the course pursued in taking these prizes. Persons might go out in pursuit of prizes, having no authority, or, having authority, might capture from the ships of neutrals; or an illegal course might be pursued after capture, though the capture itself were legal.

II. The cognizance of all captures or prizes," says Blackstone, "and their incidents, belong exclusively to the courts of the country to which the captors belong, and from whom they derive their authority to make their captures. The remedy for illegal acts of capture is by the institution of proper prize proceedings in the prize courts of the captors."

12.

4. THE ARMY.

The other war powers vested in Congress would be utterly useless without the power to raise and support armies. Probably no power of Congress mentioned in the Constitution met with so strong opposition before the people as this one to raise and support armies. It was urged with great force and vehemence, that, being unlimited, it would be dangerous to the liberties of the people, and would finally result in the establishment of a military despotism.

13. This clause refers to the regular or standing army. Congress had no such power under the Confederation. All it could do was "to agree on the number of land forces, and to make requisition on each State for its quota, in proportion to the number of white inhabitants in such State." True, these requisitions were to be binding on the States; but the government must wait their convenience and disposition.

14. The army is created by enlistments under the acts of Congress. The enlistment is for five years in the regular army. In November, 1890, this branch of the military service numbered a little over twenty-seven thousand men.

CIV. Gov. -13