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sary in any case to call forth the militia. He may either require the governor of a State to call forth the militia of the State, or he may himself send his orders directly to the officers of the militia. The army and navy of the United States are under the control of the President, as commander-in-chief, but the authority to call forth the militia is vested in Congress by the Constitution, and the President cannot call them forth except by authority of an act of Congress, such, for instance, as that above mentioned.
$812. By a subsequent act, in all cases where it is lawful for the President to call forth the militia to suppress insurrection or enforce the laws, either of the United States or of an individual State, he is authorized to employ for the same purposes, such part of the land or naval force of the United States as shall be judged necessary.
[Clause 16.] “To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the Discipline prescribed by Congress.”
§ 313. This power is necessary in order to secure uniformity in the organization and discipline of the militia. It is vested in Congress because one State could not control the militia of another State. The States appoint all the officers, but the militia are trained according to the regulation and discipline prescribed by act of Congress. In 1820 Congress enacted that the system of discipline 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 be 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, exccute 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 jurisdiction 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 department 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.
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