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auxiliary to the Secretary of the Navy (see p. 90). The grades of officers are admiral, rear admiral, commodore, captain, commander, lieutenant commander, lieutenant, master, and ensign.
63. Appropriations to the Army.-In order that no standing army may be kept up by the executive arm of the Government against the will of the people, appropriations for its maintenance cannot be made for a longer period than two years.
64. Military Law.—The laws of Congress by which the land and naval forces are governed and regulated constitute what is known as “military law.” Offenses under this law are not tried by the civil courts, but by military courts called “courts martial.” There is no jury trial. From five to thirteen officers are appointed by the general in command, to try cases.
65. Martial Law.-In time of war it sometimes becomes necessary to suspend the civil law over territory occupied by the army, and put such territory under martial law, that is, under military authority—the civil courts being superseded by military courts.
66. The Militia.—The militia consists of all ablebodied male citizens, and foreigners who have declared their intention to become citizens, between the ages of eighteen and forty-five years. The part of the militia: organized into regiments by the States constitutes the National Guard. It is primarily intended for use by the State, but may be mustered into the service of the United States in the same way as the unorganized militia. At the outbreak of the war with Spain qualified members of the National Guard were taken into the service of the United States as volunteers. The militia could not be
called out, because the war was not declared to execute the laws of the Union, to suppress insurrection, or to repel invasion.
A naval militia has also been organized in some States. In time of war the men are used to take the place of the regular force on vessels defending harbors.
67. The District of Columbia and Other Ceded Places. -The affairs of government in the District of Columbia are administered by three commissioners appointed by the President. The citizens do not exercise the elective franchise. Congress passes the laws required for the District; but much of the legislation is shaped by the commissioners. Half of the public expenses are met by taxation and half by Congressional appropriation.
Numerous purchases of land have been made in the States by the Federal Government for post offices, custom houses, forts, arsenals, dock yards, etc. When the State legislatures cede the control of such lands to Congress they generally reserve the right to serve all State processes, civil and criminal, upon persons found in the ceded places, in order to prevent such places from becoming asylums for fugitives from justice.
68. The Implied Powers.-The last clause among the powers of Congress has been variously designated as the "elastic clause," the "enacting clause," the "sweeping clause.” Together with the Preamble it has been the great battle ground between political parties since the Constitution went into effect. There are two kinds of powers given to Congress—the expressed powers, comprising the first seventeen clauses, and the implied powers, comprising the eighteenth, or last, clause. One party, the trict constructionists, has held to the letter
of the Constitution, limiting Congress to such powers as are expressly stated. The other, the loose constructionists, has given a more liberal construction to the Constitution, relying especially for authority to do so upon the "elastic clause,” and on certain parts of the Preamble. In establishing the United States Bank, Congress for the first time exercised its power of making “all laws necessary and proper for carrying into execution" one of its expressed powers, namely, the power of collecting taxes and borrowing money. Congress exercises much more implied power now than it did a hundred or even fifty years ago.
Questions on the Section.-For what purposes may Congress lay and collect taxes, etc.? What power has Congress over commerce? Can a higher rate of duty be charged at New York than at Boston? Why should commerce with tribes of Indians not be regulated by the States? Why should Congress coin money and fix the standard of weights and measures? Why is counterfeiting punished? What are copyrights and patents? What are they for? What courts may Congress establish? Are appropriations to the navy limited to two years? For what may the militia be called forth? What power has Congress over the militia? The State? Over what places in a State does Congress exercise authority? Whose consent must Congress get before it can exercise such authority? Commit the eighteenth clause to memory,
also the Preamble.
SECTION 9.-POWERS FORBIDDEN TO CONGRESS CLAUSE 1. 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.
Cl. 2. 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.
Cl. 3. No bill of attainder or ex-post-facto law shall be passed.
Cl. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
Cl. 5. No tax or duty shall be laid on articles exported from any State.
Cl. 6. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another.
Cl. 7. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
Cl. 8. No title of nobility shall be granted by the United States : and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
69. The Slave Trade.— The clause on the slave trade was a part of the third great compromise in the Constitutional Convention. As slavery was on the decline after the Revolutionary War, all the States but threethe Carolinas and Georgia—had already forbidden the importation of slaves from foreign countries. In deference to South Carolina and Georgia the importation was tolerated by the Constitution for twenty years. The tax, however, was never imposed. A law of Congress, carrying out the constitutional prohibition, went into effect January 1, 1808; but there was so much evasion of the law that in 1820 the slave trade was declared to be piracy, punishable with death. Only one man was executed under the law of 1820.
70. Terms Defined.—The writ of habeas corpus (“you may have the body”) is awarded by a judge to an officer to produce before the court the body of a prisoner, for
the purpose of inquiring into the cause of imprisonment. If the cause is insufficient the prisoner is set free; if not, he is remanded to jail. This writ applies also to cases of detention other than for crime; for instance, where a person is unlawfully in an insane asylum, or where a child is held by the wife when the husband is entitled to it.
Bills of Attainder are special acts of a legislature inflicting capital punishment upon persons supposed to be guilty of high offenses, such as treason and felony, without any conviction by the ordinary course of court proceedings. If an act inflicts a milder degree of punishment than death it is called a bill of pains and penalties. In other words it is punishment without a court trial.
An Ex-post-facto (“after the deed is done") law is one which renders an act punishable in a manner in which it was not punishable when it was committed. It applies to acts of a criminal nature only.
71. Suspension of the Writ of Habeas Corpus. The Constitution is silent as to who may suspend the writ. In a few cases in which it was suspended, namely, in the Civil War, the act was done by the President. The Supreme Court attempted to restrain him, but failed. Congress afterwards approved Lincoln's action and gave him power to suspend the writ, but took it away again from Johnson. So it is now understood that this power belongs to Congress, to be exercised by that body itself, or to be delegated to the President.
72. Export Duties.—That export duties are forbidden was an advantage to the agricultural States alone, in 1787. The clause was inserted in the Constitution as a part of the third great compromise (see p. 34); but