2d. To inventors, the exchtsive right to their respective discoveries. 33.


§ 1. The power to make provisions for patent and copy rights did not belong to Congress under the Confederation; but, in the Constitutional Convention, there was no opposition to these provisions. The necessity of some law of this kind was not only conceded by that body, but by the universal acquiescence of the country.

§ 2. Few men who are wealthy are disposed to take the field of authorship, however competent they may be. This rule, however, has its exceptions. But the poor man, it will be admitted, can not afford to devote himself to the production of valuable books, if the fruits of his industry may be appropriated by others without reward. § 3. The States could not afford the necessary protection to authors; for their legislation could only cover their own respective territorial boundaries. Few books would be written requiring elaborate authorship, the sale of which, in the estimation of the author, was destined to be confined to the limits of a single State. That a man has the same right to the products of his brains that he has to the products of his hands will hardly be questioned.

§ 4. Judge Story says, "No class of men are more meritorious, or are better entitled to public patronage, than authors and inventors. They have rarely obtained, as the histories of their lives sufficiently establish, any due encouragement and reward for their ingenuity and public spirit. They have often languished in poverty, and died in neglect; while the world has derived immense wealth from their labors, and science and the arts have reaped unbounded advantage from their discoveries."

§ 5. Under the laws of Congress, the steps are very simple to secure a copyright. A copyright may be secured to authors for books, maps, charts, musical compositions, cuts, and engravings, or for any other literary and scientific productions. The copyright extends for twenty-eight years: and if, at the end of that time, the author is still living, he may obtain its extension for fourteen years longer; or, if dead, his living representatives may obtain its exteneion. The author, or he and his representatives, therefore, enjoy a monopoly of the sale of his productions for forty-two years.

§ 6. The steps to secure a copyright are these: Before publication, a printed copy of the work proposed to be published, or its titlepage, must be deposited in the office of the Librarian of Congress at Washington. Within ten days after publishing the work, two full copies of the work must be delivered to the office aforesaid, or deposited in the mail addressed to the Librarian of Con gress at Washington. In case of a painting, drawing, statue, statuary, model or design for a work of the fine arts, a photograph of the same must be sent.

§ 7. The owner of the copyright must give notice to every reader of his work that he has secured the copyright according to act of Congress. This notice is printed on the titlepage, or on the page succeeding, in the following words :—

"Entered according to act of Congress, in the year , by

(the author), in the office of the Librarian of Congress at Washington."

These words, or their equivalent, "Copyrighted 18 , by ," must be printed in every edition of the work The expense of securing a copyright is but trifling,—one dollar.

§ 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.


§ 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 patentright 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 patentoifice, 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.

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 disciplin

ing the militia. 2d. For governing such part of the militia as may be

employed in the service of the United States. 41. 3d. For calling forth the militia,

First, To execute the laws of the Union;

Second, To suppress insurrections;

Third, To repel invasions. 4©.


§ 1. 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 was for giving it to Congress, and this proposition prevailed.

§ 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 can not 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.


§ 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

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