Arts. 2113, 2114. See the Act to Punish, 1 Brightly's Dig., p. 215,
Art. VII, §§ 73-79

Whether Congress has power to provide for the punishment of passing counterfeit coin. has been doubted. This power is cer- Have the tainly possessed by States. Metropolitan Bank v. Van Dyck, States power to punish 27 N. Y. 420. But Congress may, without doubt, provide for counterfeitpunishing the offense of bringing into the United States, from a ing? foreign place, false, forged, and counterfeit coins made in the similitude of coins of the United States; and also for the punishment of the offense of uttering and passing the same. United States v. Marigold, 9 How. 560; Metropolitan Bank v. Van Dyck, 27 N. Y. Rep. 450. In Fox v. Ohio, 5 How. 435, Mr. Justice McLean dissented; and insisted that Congress has the right (and has exercised it) to punish the uttering of counterfeit coin; and therefore the States have not the same power.

The right to punish the counterfeiting of the public coin is vested exclusively in Congress; and it cannot be concurrently exercised by the States; and such a State law is void. Mattison v. The State of Missouri, 3 Mo., 421.

In Fox v. The State of Ohio, this court have taken care to point out that the same Act might, as to its character, tendencies, and consequences, constitute an offense against both the State and the Federal governments, and might draw to its commission the penalties denounced by either, as appropriate to its character in reference to each. (Fox v. Ohio, 5 How. 433.) United States v. Marigold, 9 How. 560; Story's Const. § 1123, note 4.

And see United States v. King, 5 McLean, 208; United States v. Burns, Ibid. 23; United States v. Brown, 4 Ibid, 142; United States v. Morrow, 4 W. C. C. R. 733; United States v. Gardner, 10 Pet. 618; Commonwealth v. Hutchinson, 2 Pars. 354; United States v. Hutchinson, 7 Penn. Law J. 365.

[7.] To establish post-offices and post-roads.

of these

104. "ESTABLISH" is the ruling term; post-offices and post- What is the roads are the subjects on which it acts. The power is thereby just import given to fix on towns, court houses, and other places throughout words, and our Union, at which there should be post-offices, the routes by the extent which mails should be carried from one post-office to another, to fix of the grant? the rate of postage, and to protect the post-offices and mails from robbery. (President Monroe's Message, 4th May, 1822, pp. 24-27.) Story's Const. § 1129, note 2, of third edition.

Define

The word "ESTABLISH," in other parts of the Constitution, is 8, 13, 93-95, used in a general sense. Thus, "to establish justice;" "and estab- 195, 243, 245. lish this Constitution;" "to establish a uniform rule of natural- establish. ization and system of bankruptcies;" "such inferior courts as Congress may ordain and estab ish" "the establishment of this Constitution;""an establishment of religion."

The clear import of the word is, to create, form, and fix in a settled manner. Story's Const. § 1131.

The controversy has been between the power to make the roads and the power to fix on and declare them mail routes, after the ex

101.

What are

tending settlements have opened, established, adopted, or built roads and paths. See the subject fully discussed in Story's Const. chap. XVIII. § 1124-1150; and Notes to Third Edition; and 1 Kent's Com. Lect. XII. 267-268.

The Confederate Constitution added this sentence: "But the expenses of the Post-Office Department, after the first of March, in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues.' Paschal's Annotated Digest, 88.

The first year's history of the insurgent government demonstrated the impracticability of the restriction.

105. POST-OFFICES.-As understood, under the Confederation, post-offices? and since carried out by statutes, and in practice, post-offices may be defined to be the General Post-Office at Washington, presided over by one of the President's advisers, called the Postmaster-General. This office was first held by Dr. Franklin, in 1775. (Story's Const. § 1126, note 1.) It is now an immense palace (with over a hundred rooms), erected and owned by the government, wherein the whole of the postal service of the United States is superintended and the business directed, and where all contracts for mail service are let, and the accounts therefor are settled. The Postmaster-General is assisted by three Assistant Postmaster-Generals, an Auditor, and several hundred clerks. Every postmaster in the United States is a deputy to the Postmaster-General. There are numerous route agents and detectives: and every line of post-roads is well known and carefully watched. Every place in the United States, whether in office, house, tent, booth, boat, vessel, car, wagon, or box, where the mails are opened and the mail matter delivered, is called a "POST OFFICE," and the sworn and bonded deputy who opens and delivers the written and printed matter received, is called a POSTMASTER;" although many of them might be called " POSTMISTRESSES," as ladies are frequently appointed of late years.

19, 35, 169.

Describe the postal ser

vice.

What im

66

The first post-office ever established in America seems to have been under an act of Parliament in 1710. (Dr. Lieber's Encyc. Amer., POSTS.) In England the first regular mode adopted was in 1642. (Malkin's Introductory Letter.) In 1790 there were 75 post-offices in the United States; 1,875 miles of post-roads; the amount of postage was $37,935. In 1828 there were 7,530 postoffices; 115,176 miles of post-roads, and the amount of postage was $1,659,915. (The American Almanac Repository, Boston, 1830. p. 217; American Almanac for 1832, p. 134; Dr. Lieber's Encyc. Americana, Article POSTS.) Story's Const. § 1125 (3d ed., note 1.) In 1866 there were 23,828 post-offices; 180,921 miles of postroads; amount of postage, $14,386,986.21.

For the rates of foreign postage, and monthly valuable statistics, see "United States Mail and Post-Office Assistant," New York. The rates for letters are three cents for every half ounce, in the United States. All mail matter is charged by weight.

It is questionable whether the government could peaceably reprovement turn to the unequal charges of our fathers. It can be hoped, that some public man may yet develop the idea, that a system of carrying the mails by weight would be practicable; more just to the carriers; more economical to the government; and immensely bene

as to carrying suggested?

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.

riers?

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 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. 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- the charges? 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.

charges and

It is under this power that Congress has adopted the mail regula- What are tions of the Union, and punishes 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 secure.

Why a limited time?

Who is an author?

How are

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.) Worc. 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 superfluous condition. New York edition, 182. "TO AUTHORS."

been long exploded as an unnecessary and Millar v. Taylor, 4 Bur., 2303; Hall's Puffendorf, Lib. 4 c. 5, p. 378, note 1. [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. Worc. 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

secured?

Britain before the revolution, to be a common law right. Story's Const. § 1152. Overruled. Dudley v. Mayhew, 3 N. Y. (3 Cor.st.) 12.

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. 306315.

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.