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and field exercise observed by the regular army should be also observed by the militia. The States train and discipline the militia when they are not in the actual service of the United States.
[Clause 17.] "To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful Buildings."
§ 314. The principal object of the first part of this clause was to provide a permanent and secure location for the seat of government, which should not be within the bounds of a particular State, the inhabitants of which might insult or terrify Congress, or interrupt its proceedings, or even prevent its assembling, while Congress at the same time would be without the ready means of protecting itself, or be dependent upon the favour of a State for such means.
§315. In the year 1800, the seat of the national government was removed to the city of Washington, in the District of Columbia, a tract ten miles square, which had been ceded to the United States by the States of Maryland and Virginia. The portion derived from Virginia was, in 1846, ceded back to that State, and the District is now confined to the Maryland side of the Potomac river.
§ 316. The seat of government had previously been established at the following places: at Philadelphia, (Pa.,)
commencing September 5, 1774, and May 10, 1775; at Baltimore, December 20, 1776; at Philadelphia, March 4, 1777; at Lancaster, (Pa.) September 27, 1777; at York, (Pa.) September 30, 1777; at Philadelphia, July 2, 1778; at Princeton, (N. J.) June 30, 1783; at Annapolis, November 26, 1783; at Trenton, November 1, 1784; at New York city, January 11, 1785.
§317. The inhabitants of the District of Columbia are not regarded as citizens of any State, and cannot, therefore, send representatives to Congress, or vote for Presi dent or Vice-President. They are liable, however, to bet taxed by Congress, because the power "to lay and collect taxes" is a general one, without limitation of place; and their local affairs are regulated by Congress. The cities of Washington and Georgetown govern themselves in pursuance of charters granted by Congress.
§ 318. Congress cannot take property within a State for the erection of forts, magazines, arsenals, and other public buildings, without first purchasing it; nor can such property be purchased from a citizen of a State without the consent of the legislature of the State within which it is situated.
$319. The jurisdiction of Congress over places purchased by the general government, with the consent of a State, is exclusive. The State cannot punish for offences committed there; nor can its officers, within those places, execute writs or legal processes, either civil or criminal, unless the right to do so is reserved by the State. Such offences are to be tried and punished by the courts and officers of the United States.
§ 320. But if the place has not been ceded by a State, or purchased by the United States with the consent of the legislature of the State in which it is situate, the juris
diction of the State is not excluded, but remains in full force, subject, however, to the rightful exercise of the powers of the national government.
[Clause 18.] "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
§ 321. This clause does not in terms grant any new power, or enlarge or diminish any of the powers elsewhere granted. It simply authorizes Congress to make use of such particular means as may be necessary or proper, in order to execute the general powers conferred by the Constitution upon the federal government or any depart ment or officer thereof.
§ 322. By the Articles of Confederation, (Art. 2,) each State retained every power and right not expressly delegated to the United States. The Constitution, however, has not only conferred upon Congress certain express powers, but has also conferred such other incidental powers (without actually naming them) as may be necessary or proper for carrying into execution the powers expressly granted.
RESTRICTIONS UPON CONGRESS.
THIS section enumerates certain restrictions upon the powers of 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."
§ 323. One of the main objects of this clause was to enable Congress to put an end to the introduction of slaves into the United States from abroad, after the year 1808, and to restrain their importation until then, by a tax not exceeding ten dollars for each person; but the clause includes within its language the migration of other persons as well as the importation of slaves.
§ 324. On the 1st of January, 1808, an act of Congress went into effect, which imposed heavy penalties upon persons engaged in the slave-trade; and in 1820 another act declared the slave trade to be piracy, and punishable with death.
§ 325. The restriction in this clause is applicable only
to the migration or importation of the slaves or other persons. It, therefore, left Congress at liberty to legislate on the subject of the slave-trade when prosecuted out of the limits of the United States by citizens of the United States. In the exercise of this power, Congress, by an act passed March 22, 1794, forbade citizens and other persons from fitting out any vessel in any place within the United States, for the purpose of carrying on any traffic in slaves to any foreign country.
§ 326. Many other acts have been passed on the subject, the object of which is the entire suppression of the slavetrade by American citizens, and by any and all others in American vessels.
[Clause 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."
§ 327. Writ is a legal term, and means in general a command in writing, under seal, in the name of a king, judge, or other magistrate, directed to a public officer or private individual, requiring him to do something in relation to a suit or other legal proceeding.
§ 328. The writ of habeas corpus mentioned in the above clause is a writ directed to a person charged with detaining another unlawfully in his custody, commanding him to produce the body of the prisoner, and to declare the reason of his detention. It is " a great and efficacious writ," intended to secure personal liberty, and provide a means of redress for all manner of illegal imprisonment and unlawful restraint of the person.
§ 329. The courts of the United States issue this writ in cases falling within their jurisdiction, upon the written application of any person who alleges that he is deprived