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power to serve the government. R. R. Co. v. Peniston, 18 Wall., 5.

Congress may pass non-intercourse acts, under the war power. Hamilton v. Dillin, 21 Wall., 93.

The Congress may, as an aid to the execution of the revenue laws, provide for the punishment of persons interfering by threats or otherwise, with the right to inform a United States marshal of a violation of such laws. In re Quarles, 158 U. S., 507.

And Congress may prohibit the mailing of letters and circulars concerning lotteries. In re Jackson, 96 U. S., 727.

The power to dispose of the public lands includes the power to lease for mining purposes. U. S. v. Gratiot, 14 Pet., 536.

The power to erect buildings for public or National use includes the power to condemn lands for the purpose (Kohl v. U. S., 91 U. S., 367, 373) in a State or in an Indian reservation. 33 Fed. Rep., 911.

The power to levy an income tax includes the power to seize or distrain property to collect it. Springer v. U. S., 102 U. S., 593.

Congress may pass laws making it a felony or crime to conspire to injure prisoners in the custody of marshals. Logan v. U. S., 144 U. S., 283.

And may pass laws prohibiting the receiving by a Federal officer of contributions for political campaigns. Ex parte Curtis, 106 U. S., 371.

And may give debts due the United States a preference over debts to other creditors. U. S. v. Fisher, 2 Cranch, 396.

And may create a municipal corporation within the District of Columbia, but can endow it only with authority to exercise municipal powers. Where it exceeds those powers, as where it exacts a license tax on trades and professions from commercial agents soliciting sales of goods on behalf of vendors doing business outside the district, such tax is void as such power can not be delegated to it. Stoutenburg v. Hennick, 129 U. S., 141.

Congress may pass acts to prevent unlawful occupancy of the public lands. With respect to the public lands within the limits of a State, the United States have the right of an ordinary proprietor to maintain possession and prosecute trespassers, and Congress may legislate for the protection of the lands and may sue and enjoin encroachment. Camfield v. United States, 167 U. S., 578.

POWERS INCIDENT TO SOVEREIGNTY.

There are certain implied powers resulting from the fact that the United States constitute a sovereignty. Among these may be mentioned:

The right to sue.

This is a natural incident resulting from the sovereign character of the National gov

ernment. Dugan v. United States, 3 Wheat., 173, 179, 180.

The right to enter into contract. United States v. Tingry, 5 Pet., 115.

Congress may punish offenses committed on ships of war, by persons not in the military or naval service, whether in port or at sea, for jurisdiction on board of public ships is everywhere deemed exclusively to belong to the sovereignty. United States v. Bevan, 3 Wheat., 288.

May pass exclusive acts to shut out Chinese. Chinese Exclusion Cases, 130 U. S., 581.

THE SLAVE TRADE.

SECTION 9. "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."

This clause refers to the slave trade existing at the time in the United States and Europe; and sanctioned such importation until forbidden by Congress. Dred Scott Case, 19 How., 411.

SUSPENSION OF THE WRIT OF HABEAS CORPUS.

"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 President suspended the writ of habeas corpus as an executive act, at the breaking out of the rebellion. His power to do so was denied by Chief Justice Taney. Ex parte John Merryman, Taney, 246; by the Supreme Court of Wisconsin in Kemp's Case, 16 Wis., 359, and by other courts. The courts held that Congress might authorize the suspension; and Congress passed a law authorizing the suspension of the writ by the President when in his judgment the public safety required it, during the period covered by the war of the rebellion. This act was held constitutional by the courts; among them, In re Oliver, 17 Wis., 681.

The suspension of the privilege of the writ of habeas corpus does not suspend the writ itself. By this is meant that the court issues the writ just as if the privilege had not been suspended; and on the return made of the writ the court decides whether the party applying is denied the writ by the act of suspension. Ex parte Milligan, 4 Wall., 2, 130.

Congress can not invest a military commission organized in a State not in rebellion, in which the Federal courts are open, and in the proper unobstructed exer

cise of judicial functions, with jurisdiction to try, convict and sentence for any criminal offense, a person who is neither a resident of rebellious State, nor a prisoner of war, nor in the military or naval service. Ex parte Milligan, 4 Wall., 2.

The Supreme Court in Ex parte Vallandigham, 1 Wall., 242, held it had no jurisdiction to issue the writ of habeas corpus to review or reverse the proceedings of a military commission.

The Supreme Court can issue a writ of habeas corpus to a military commission to produce a prisoner held on a charge of murder. Ex parte Yerger, 8 Wall., 85.

NOTE. As most of the cases on habeas corpus relate to the jurisdiction to issue the writ rather than the suspension of it, they will be considered under the section relating to jurisdiction of the Supreme Court. For a full citation of authorities on the subject of habeas corpus, under the acts of Congress, see Gould & Tucker's Notes to U. S. R. S., Secs. 759, 764.

BILLS OF ATTAINDER AND EX POST FACTO LAWS.

"No bill of attainder or ex post facto law shall be passed."

"Bills of attainder," says Story, "as they are technically called, are such special acts of the legislature as inflict capital punishment upon persons supposed to be guilty of high offenses, such as treason and felony, with

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