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ficial to the people, as thereby the carrying need not to be professedly limited to paper; but (like our immense express companies, which first forced upon the government the weight system of tariffs,) every thing might be carried and charged for by the ounce, with a direct responsibility upon the government for safe delivery.

To the "regulations" of rates may be added the volume of laws and regulations sent out every year, which establish "postoffices and post-roads," and regulate the service and punish infractions of the law.

106. "POST ROADS." - Every railroad, turnpike, wagon-road, What are path, river, creek, ocean, sea, gulf, lake, and pond, over which post-roads? mails are transported, may be denominated post-roads.

Every person and corporation engaged in carrying and deliver- Who are ing the mails, is called a mail carrier or contractor; and they all mail caract under official responsibility. It may at once be deduced that riers? the books, maps, reports and information to be gathered from the General Post-Office Department is the most valuable to the student of geography in the United States.

66

the charges?

Among the "REGULATIONS" are the rates for carrying mail- What are the matter, which, in 1846, were changed from the senseless method rates of of charging the "single letter " at 25 cents and the double let- charges and ter" in proportion, regardless of weight or value, to the common sense tariff of weights. The present laws regulating post-offices and post-roads, the rates of postage, the franking privilege, and the whole mail service, will be found in books issued by the Postmaster-General, and in Brightly's Dig. pp. 363 to 383; see also 2 Brightly's Dig. 750 to 800.

It is under this power that Congress has adopted the mail regula- What are tions of the Union, and punishe nishes all depredations on the mail, the powers Sturtevants v. City of Alton, 3 McLean, 393. The power to estab- of Congress? lish post-roads is restricted to such as are regularly laid out under the laws of the several States. Cleveland, Painesville and Ashtabula R. R. Co. v. Franklin Canal Co., Pittsburg L. J, 24th December, 1853; Pennsylvania v. Wheeling and Belmont Bridge Co., 18 How. 421; Dickey v. Turnpike Road Co., 7 Dana, 113; 1 Kent's Com. 281, 282.

But under this power Congress may make, repair, keep open, and 78-80.
improve post-roads. Dickey v. Turnpike Road Co. 7 Dana, 113.
For conflicting views, see 1 Kent's Com. 11th ed. p. 268, note c.
Nothing which tends to facilitate the intercourse between the
States, can be deemed unworthy of the public care. Federalist,
No. 42.

power as to

[8.] To promote the progress of science and the what is the useful arts, by securing, for limited times, to authors authors and and inventors the exclusive right to their respective

writings and discoveries.

inventors?

107. TO PROMOTE [Promoveo, pro and moveo, to move] is here To promote. used to advance, foster, and encourage, by all the liberal legislation which can aid. Worcester's Dic. PROMOTE.

Progress.

Define

science.

Arts.

Distinguish between science and art.

Define se

cure.

Why a limited time?

Who is an author?

THE PROGRESS [Progressus, Progredior, advancement], that is the growth, advancement of, and constant progression.. Worc. Dic. PROGRESS.

SCIENCE. (SCIENTIA, from Scio, Scire to know.] Knowledge. It is used here in the sense of Abstract, Mental, Mathematical, Natural, and Physical Science. (See the whole definitions and synonyms,) Webster's Dic. SCIENCE.

As practically illustrated by our legislation, the word has no limitation in the whole range of literature and knowledge, since all authors have a right to obtain copy-rights for their books, maps, pictures, and every thing printed and first published as such in the United States. Clayton v. Stone, 2 Paine, 383; Jollie v. Jaques, 1 Blatch. 618; Binns v. Woodruff, 4 W. C. C. 48; Wheaton v. Peters, 8 Wheat. 591.

"AND USEFUL ARTS."-ART [Ars, Artis]. The power of doing something not taught by nature. Worcester's Dic. ART. This word is also intimately connected with science.

The distinction between Science and Art is, that Science is a body of principles and deductions, to explain the nature of some matter. An Art is a body of precepts, with practical skill for the completion of some work. Science teaches us to know; an Art to do. In Art truth is means to an end; in Science it is the only end. Hence the practical arts are not to be classed among the sciences. (Whewell.) Wore. Dic. SCIENCE. Science never is engaged, as art is, in productive application. (Kearslake) Worcester.

BY SECURING.-[Securus, se and cura, or without care.) Here used, by protecting in the exclusive use of; to make certain; to put beyond hazard; to assure; to insure; to guaranty. Worcester's Dic. SECURE.

"FOR A LIMITED TIME."-Not perpetually; but for a reasonable time. The Acts of Congress have generally fixed the limit of fourteen years, which was the period in England when the Constitution was adopted. 2 Bl. Com. 406, 407, Christian's notes, 5, 85; Millar v. Taylor, 4 Burroughs, 2303; Rawle's Const. ch. 9, pp. 105, 106; 2 Kent's Com. Lect. 36, pp. 299-306. The case in Burroughs, 2303, exhausts the whole ancient learning on the subject of copyrights. It is a grant by the government to the author of a new and useful invention, of the exclusive right for a term of years, the practising that invention. Curtis on Patents, p. LX.

"USEFUL," utility, has been long exploded as an unnecessary and superfluous condition. Millar v. Taylor, 4 Bur., 2303; Hall's New York edition, 182. Puffendorf, Lib. 4 c. 5, p. 378, note 1.

"Το AUTHORS." [Auctor.] He to whom any thing owes its origin; originator; creator; maker; first cause. One who completes a work of science or literature; the first writer of any thing distinct from a translator or compiler. Wore. Dic. AUTHOR.

In the United States, an author has no exclusive property copy-rights in a published work, except under some act of Congress. Wheaton v. Peters, 8 Pet. 591; Jefferys v. Boosey, 30 Eng. L. & Eq. 1; Dudley v. Mayhew, 3 Comstock, 12. It had been decided in Great Britain before the revolution, to be a common law right. Story's Const. § 1152. Overruled. Dudley v. Mayhew, 3 N. Y. (3 Corst.) 12.

How are

secured?

The power is confined to authors and inventors; and cannot be extended to the introducers of new works or inventions. Story's Const. § 1153. See Federalist, No. 43; 1 Tuck. Black. Com. App. 265, 266; Hamilton's Report on Manufactures, § 8, pp. 235, 236; Livingston v. Van Ingen, 9 John. 507; Journal of Convention, 260, 261, 327-329.

Who are

108. AND INVENTORS." [Invenio; in, and venio, to come.] To invent is to devise something new, not before made, or inventors?

to modify and combine things before made or known, so as to form a new whole. Worc. Dic. INVENT. One who invents; a contriver. This right was saved out of the statute of monopolies in the reign of King James the First, and has ever since been allowed for a limited period, not exceeding fourteen years. 2 Black. Com. 406, 407; Christian's notes, 5, 8; 2 Kent's Com. Lect. 36, pp. 306

315.

Patents are entitled to a liberal construction, since they are For what are not granted as restrictions upon the rights of the community, but patents "to promote the progress of science and the useful arts." Blan-granted? chard v. Sprague, 3 Sumner, 535; Grant v. Raymond, 6 Pet. 218; Hogg v. Emmerson 6 How. 486; Brooks v. Fisk, 15 Id. 223. The power of Congress to legislate upon the subject of patents is plenary, by the terms of the Constitution; and as there are no restraints on its exercise, there can be no limitation of its right to modify them at its pleasure, so that they do not take away the rights of property in existing patents. McClurg v. Kingsland, 1 Id. 206. Evans v. Eaton, 3 Wheat. 545; s. c. 7 Wheat. 356; Evans v. Hettish, 7 Wheat. 453; Blanchard v. Sprague, 3 Sumner, 541. Therefore, Congress has the power to grant the extension of a patent which has been renewed under the act of 1836. Bloomer v. Stolley, 5 McLean, 158. Its power to reserve rights and privileges to assignees, on extending the term of a patent, is incidental to the general power conferred by the Constitution. Blanchard's Gun-Stock Turning Factory v. Warner, 1 Blatch. 258.

Perhaps there is nothing which has tended more to the rapid development of American genius, character, and improvement, than the laws securing to authors and inventors their rights. The Patent Office is, perhaps, the most commodious house in America. There are collected the applications, specifications, drawings, and models of the inventors, whose works have dispensed with the hand-labor of more millions than the world now contains. From this office issues annually a report of the current inventions. No lover of the development of his country should visit Washington without giving himself a week to examine the wonderful mysteries of the Patent Office.

For a most able treatise upon the law of patents, the reader is referred to the very able work of Curtis on Patents, 1867; to the "PATENT LAWS," issued by the Patent Office; 1 Brightly's Dig. COPY RIGHT, p. 193; Patents, 721, and accurate notes: 2 Brightly, 353.

Do State de

[9.] To constitute tribunals inferior to the Supreme

Court.

109. TO CONSTITUTE here means to create and organize, defining the jurisdiction.

TRIBUNAL [Lat. TRIBUNAL] Bench of a judge; hence courts of justice, subject to the superior jurisdiction of the Supreme Court. Webster's Dic., TRIBUNAL.

See American Insurance Company v. Canter, 1 Pet. 546. This cisions about power affords no pretext for abrogating any established law of real proper property, or for removing any obligation of her citizens to submit ty

What tribunals have been estab

to the rule of the local sovereign. Suydam v. Williamson, 24 How. 433. Where any principle of real property has been settled in a State court, the same rule will be applied by this court. (Jackson v. Chew. 12 Wh. 162; Beauregard v. New Orleans, 18 How. 497); Suydam . Williamson, 24 How. 432, 434. Even to the over-ruling of our decisions, which have not been followed by the State courts. (Arguello v. The United States, 18 How. 539; League v. Egery, 24 Id. 265-6; Foote v. Egery, Id. 268); Suydam v. Williamson, Id. 434. In the last cases, we followed the interpretation of the Supreme Court of Texas, rather than our own, upon the 4th article of the National Colonization Law of Mexico. Suydam v. Williamson, 24 How. 434. In a case of conflict of jurisdiction between the court of a State and that of the United States, that which first attaches should hold. Taylor v. Carryl, 20 How. 583.

The tribunals which have been established under this power are the Circuit Courts and the District Courts of the United States,

lished under between which have been divided the controversies between litithis power? gants. See Brightly's Digest, pp. 124 to 129, 228 το 231.

Define the special power on crimes.

What is to define?

129.

111.

How has

And to these may properly be added the court of claims, which has a special limited jurisdiction in certain suits against the United States, and the commissions and tribunals created at different times for the trial of certain land claims arising under the treaties with France, Spain, and Mexico.

[10.] To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations.

110. Το DEFINE is to give the limits or precise meaning of a word or thing in being; to make, is to call into being. Congress has power to define, not to make, the laws of nations; but Congress has the power to make rules for the government of the army and navy. James Speed, Attorney-General, upon the right to try by Military Commission, the conspirators to murder President Lincoln, July, 1865, p. 4.

111. TO PUNISH, in this sentence, is to inflict the penalty of Congress de- the law, which, in cases of piracy, is, by the law of nations, death.

fined?

110.

Had Congress simply declared that piracy should be punished with death, the offense would have been sufficiently defined. Congress may as well define by using a word of known and determinate meaning, as by an express enumeration of all the particulars included in that term. But it was intended not merely to define piracy as known to the law of nations, but to enumerate what crime in the national code should be deemed piracy. And so the power has been practically expounded by Congress. (United States v. Smith, 5 Wheat. 153-163.) Story's Const. § 1159; 1 Stat. 113,

3 Stat. 600.

112. "PIRACY" is robbery or forcible depredation on the high What is piseas, without lawful authority, and done, animo furandi, in the racy? spirit and intention of universal hostility. 1 Kent's Com. 183; Story's Const. § 1160. The acts which, if committed upon land, would have amounted to felony there. 7 East. Pl. of the Crown, 796. It is the same offense at sea with robbery on land. 1 Kent's Com. 183; Wharton's Am. Crim. Law, §§ 2816-2855. The crime of piracy is defined by the law of nations with reasonable certainty. United. States v. Smith, 5 Wh. 153. And see Story's Const. § 1158, 1159; The Federalist, No. 4; Rawle on the Const., ch. 9, p. 107; 2 A pirate? Elliott's Debates, 389, 390. A PIRATE is a rover and robber upon the sea, an enemy to the human race. Cowel; Webster; 3 Inst. 113; Burrill's Law Dic., PIRATE; 4 Bl. Com. 71-73. Piracy is defined by Congress in the Acts 13 April, 1790, 1 Stat. 113; and 15 May, 1820, 3 Stat. 600. Brightly's Dig. 207, 208.

113. FELONY comprises every species of crime which occa- What is felsioned, at common law, the forfeiture of lands and (or) goods. ony! All offenses which are capital, and some which are not capital. (Co. Litt. 391; 2 Black. Com. 93-98;) Story's Const. 192-194, 1161. 192, 193. Felony is a loose term, and needs to be defined. (Federalist, No. 42; Elliott's Debates, 389, 390); Story's Const. § 1160; Burrill's Law Dic., FELONY, where there are many learned citations of original authors. Woodeson's Lec. 306.

Felony on the high seas seems not to be of à technical common What is fellaw, but of civil law definition. (United States v. Smith, 5 Wheat, ony on the high seas? 153, 159; 3 Inst. 112; Co. Litt. 391, a); Story's Const. 1162.

The Acts of 26 March, 1804, 2 Stat. 290; 3 March, 1825, 4 St. 115; 3 March, 1835, 4 St. 775; 8 Aug. 1846, 9 St. 73, all define and punish felony. 1 Brightly's Dig. 208-211.

114. "HIGH SEAS" [Altum mare.] Not only the waters of the What are the ocean, which are out of sight of land, but the waters on the sea-coast, high seas? below low-water mark, whether within the territorial boundaries of a nation or of a domestic State. (United States v. Pirates, 5 Wheat. 184, 200, 204, 206; United States v. Wilberger, 5 Wheat, 76, 94). Story's Const. § 203, 1164. And see, 4 Black. Com. 110; Constable's Case, 5 Co. Rep. 106; 3 Inst., 13; 2 East's P. C. 802, 803; Hale in Harg. Law tracts, ch. 4, p. 10; 1 Hale's P. C., 423, 424.

As to the States of the Union, "High Seas" may here be taken to mean that part of the ocean which washes the sea-coast, and is within the body of any county, according to the common law; and as to foreign nations, any waters on their seacoast below low-water mark. (Rawle's Const. ch. 9, p. 147; 3 Id. 439, 441; Sergt's. Const. ch. 28, [ch. 30]; 1 Kent's Com. Lect. 17, p. 342; United States v. Grush, 5 Mason's R. 290); Story's Const. § 1164; 1 Kent's Com.

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