the purpose had in view in their establishment.

And whatever place is officially kept as a place of deposit of mailable matter is a post-office, though it be merely a desk or a trunk or box carried about a house or from one building to another.1

SECTION X.- COPYRIGHTS AND PATENTS.

The Constitution. - Congress is further empowered "to promote the progress of science and useful arts by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries." 2 Under this power, exclusive copyrights are granted for a term of years to the authors, inventors, designers, or proprietors of books, maps, charts, pictures, prints, statues, models, etc., and exclusive rights to make, use, and vend new inventions. Acts of Congress undertaking to secure exclusive rights in the use of registered trade-marks have recently been held void, as not being within this grant of power. The same cases hold that Congress cannot pass such acts under its power to regulate commerce with foreign nations and among the several States and with the Indian tribes; at least, if such laws are general in their operation, and not limited to the commerce over which Congress is given control.

Common-Law Rights. — An author has in the United States no exclusive property in a published work except under the federal laws. But the common law protects him against the unauthorized publication of his manuscripts and letters.5

1 United States v. Marselis, 2 Blatch. 108.

2 Const., Art. I. § 8, cl. 8.

8 United States v. Steffens, U. S. Sup. Court, Oct. Term, 1879; United States v. Witteman, decided at the same time.

4 Wheaton v. Peters, 8 Pet. 591.

5 Wheaton v. Peters, 8 Pet. 591, 657; Bartlett v. Crittenden, 5 McLean, 32; Pope v. Curl, 2 Atk. 342.

The Power Plenary. The power to legislate on the subject of patents is plenary, and may be exercised in the passage of either general or special laws.1 But such laws have no extra-territorial effect whatever.2

8

SECTION XI.—PIRACIES, FELONIES ON THE HIGH SEAS, ETC. Punishment. - Congress is further empowered "to define and punish piracies and felonies committed on the high seas, and offences against the law of nations." Piracy is universally understood in the law of nations as robbery or a forcible depredation on the high seas, animo furandi. It is the same offence at sea with robbery on land, and a statute for the punishment of piracy, "as defined by the law of nations," is sufficient without further definition.* But the manifest purpose of this provision is to empower Congress to provide for the punishment as crimes of all such infamous acts committed on the high seas as constitute offences against the United States or against all nations.5 But robbery committed on a ship belonging to subjects of a foreign state, by one not a citizen of the United States, is a crime only against such foreign state, and not punishable in the courts of the United States." By high seas is intended all tide-waters below low-water mark."

1 Evans v. Eaton, Pet. C. C. 322; Bloomer v. Stolley, 5 McLean, 158; Blanchard v. Sprague, 2 Story, 164; Blanchard's Factory v. Warner, 1 Blatch. 258.

2 Brown v. Duchesne, 19 How. 183.

8 1 Kent, 183; 4 Bl. Com. 71-73.

4 United States v. Smith, 5 Wheat. 153. See United States v. Brig Malek Adhel, 2 How. 210.

5 1 Kent, 188.

• United States v. Palmer, 3 Wheat. 610; United States v. Kessler, Baldw. 15, 22.

7 United States v. Pirates, 5 Wheat. 184; United States v. Wiltberger, 5 Wheat. 76, 94.

The Constitution.

It is further provided that Congress shall have power "to declare war, to grant letters of marque and reprisal, and make rules concerning captures on land and water."1

Definition.- War is said to be "that state in which a nation prosecutes its right by force." 2 It may exist without being declared, through the hostile acts of a foreign power, or through armed insurrection, and may then be recognized and repelled by the President as commander-inchief of the army and navy.3 The power to grant letters of marque and reprisal is included in the power to declare war; but there is a propriety in granting it specifically, since they are sometimes issued with a view to obtain redress for some national injury without resort to further hostile measures. Until rules are made concerning captures and confiscations, no private citizen can enforce rights of forfeiture, either with or without judicial assistance.* But as a legitimate means of prosecuting war the property of a belligerent may be seized and confiscated, and disposed of absolutely at the will of the captor. And this right exists in favor of the United States in respect to its citizens engaged in rebellion against its authority. So as a war measure the slaves of persons in rebellion may be freed by proclamation." When war exists the government

1 Const., Art. I. § 8, cl. 11.

2 The Prize Cases, 2 Black, 635, 666. The Prize Cases, 2 Black, 635, 668.

4 Brown v. United States, 8 Cranch, 110.

6

5 Miller v. United States, 11 Wall. 268; Tyler v. Defrees, 11 Wall. 331.

• The Prize Cases, 2 Black, 635, 673; The Grape Shot, 9 Wall. 132.

129,

7 Slabach v. Cushman, 12 Fla. 472; Dorris v. Grace, 24 Ark. 326; Weaver v. Lapsley, 42 Ala. 601; Hall v. Keese, 31 Texas, 504.

possesses and may exercise all those extreme powers which any sovereignty can wield under the rules of war recognized by the civilized world; and among these is the power to acquire territory, either by conquest or by treaty,1 to create military commissions for the trial of military and other offences in districts where the civil law is displaced by warlike operations,2 and to establish provisional courts in conquered territory.3 But there is and can be no power to displace the guaranties and protections of the Constitution where the civil courts are discharging their functions and can enforce them.4

Armies. Congress may also "raise and support armies; but no appropriation of money to that use shall be for a longer term than two years.' The purpose of this restriction is to put it out of the power of the executive to keep on foot a standing army, when in the opinion of the legislature it is not needful. Who shall compose these armies, and how they shall be raised, must be determined by law. Minors may be enlisted without the consent of their parents or guardians when the law fails to require such consent,' and all persons capable of performing military duty, irrespective of age or of previous exemptions, may be compelled to do so under laws for the purpose. 8

1 American Ins. Co. v. Canter, 1 Pet. 511, 542.

2 Ex parte Milligan, 4 Wall. 2.

3 Jecker v. Montgomery, 13 How. 498; The Grape Shot, 9 Wall. 129.

4 Ex parte Milligan, 4 Wall. 2.

5 Const., Art. I. § 8, cl. 12.

• Story on Const., § 1188. The same end is accomplished in Great Britain by passing mutiny laws only from year to year.

7 Ex parte Brown, 5 Cranch, C. C. 554; United States v. Bainbridge, 1 Mason, 71.

8 It was so held in the Confederate States, where the question would be the same. Ex parte Coupland, 26 Texas, 386; Barber v. Irwin, 34 Geo. 27; Ex parte Tate, 39 Ala. 254.

1

Navy.-Congress may also "provide and maintain a navy." What has been said respecting armies applies equally here. The powers of enlistment and conscription are the same, but conscription must operate under prescribed and impartial rules: the impressment of seamen, formerly practised in England, is not admissible in this country.2

Military Law.-Congress may also "make rules for the government and regulation of the land and naval forces." These rules must not be inconsistent with the proper authority of the President as commander-in-chief of the army and navy, which, being conferred by the Constitution, cannot be taken away by Congress.

4

Militia. Congress may also "provide for calling forth the militia, to execute the laws of the Union, suppress insurrections, and repel invasions." The militia consists of those persons who under the law are liable to perform military duty, and who are enrolled and officered so as to be ready for service when called upon; and they are state forces until actually called into the service of the Union. Congress may confer upon the President the power to call them forth, and this makes him the exclusive judge when the exigency has arisen for the exercise of the authority, and renders one who refuses to obey the call liable to punishment under military law. The President may make his requisition directly upon the executive of the State, or upon the militia officers."

5

Congress may also "provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United 1 Const., Art. I. § 8, cl. 13.

2 Cooley, Const. Lim., 4th ed., 367.

8 Const., Art. I. § 8, cl. 14. See In re Griner, 16 Wis. 423.

4 Const., Art. I. § 8, cl. 15.

5 Houston v. Moore, 5 Wheat. 1; Martin v. Mott, 12 Wheat. 19. 6 See cases cited in last note.