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preachers of the gospel, teachers in all colleges, and teachers actually employed in academies and common schools; officers who may have served as such for four years in the militia of this or any other state. Also all firemen attached to supply engines; and all other firemen, belonging to any company, not exceeding sixteen in number; every person actually employed by the year, month or season, in a blooming furnace, iron foundry, glass, woollen or cotton factory; and every student in every college or academy, shall be exempt from military duty, except in cases of insurrection or invasion. And every person averse to bearing arms from scruples of conscience, may be exempt, by paying every year the sum of four dollars.

The militia, when called into the actual service of the United States, are not considered to be in that service, until they are mustered at the place of rendezvous; until that be done, a state has a right, concurrent with the United States, to punish their delinquencies: but after the militia shall have been thus mustered into the service of the United States, their character is changed from state to national militia, and the authority of the state government over them ceases.

The militia is organized, by their formation into bodies of men, and the denomination and rank of officers, which is done by congress. Congress also prescribes the manner of arming the infantry, cavalry, artillery, and other descriptions of force: as also the mode in which they shall be disciplined ; that is, the system of exercise in which they shall be instructed.

are conscientiously averse to bearing arms? When are the militia to be considered in the service of the United States? What is meant by the organizing, arming and disciplining of the militia?


District of Columbia~Local Jurisdiction, déc. CONGRESS has the power “ to exercise exclusive legislation in all cases whatsoever, over such district (not excoeding ten miles square) as may by cession of particular states, and the acceptance of congress, become the seat of 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.”

The establishment ot a permanent seat of government for the United States, after the treaty of peace with Great Britain, received the early attention of congress. In Oetober, 1783, it was resolved, that buildings for the use of congress should be erected on the banks of the Delaware. A few days later, it was resolved, that buildings for a similar purpose should likewise be erected on the Potomac; with a view of reconciling the conflicting wishes of the northern and southern states, by establishing two seats of government. In December, 1784, it was further resolved, that a district should be purchased on the banks of the Delaware, for a federal town, and that contracts should be made for erecting a house for the use of congress and the executive officers, and suitable buildings for the residence of the president and the secretaries of the several

What were the early movements of congress respecting the location of the seat of government? How was the question at length settled? How large is the territory of the District of Columbia ? From what states was it taken? In what city is the seat of govern

departments. But the appropriation of the necessary fund for these purposes, requiring the assent of nine states, was prevented by the southern interest. In 1790, a compromise was made, by which the friends of Philadelphia, in consideration of having the seat of government at that city, during ten years, the time estimated to be necessary for the erection of the public buildings, agreed that the seat of government should be permanently fixed on the Potomac. · The territory in which the seat of government is located, is ten miles square. It was ceded to the general government by the states of Maryland and Virginia, and erected into a district, under the exclusive jurisdiction of congress, by the name of the “ District of Columbia." In the city of Washington, which is built near the centre of the district, the necessary buildings are erected for the accommodation of the federal government, where its seat was established at the commencement of the present century. It was in view of the acquisition of this territory, that provision was made in the constitution for its govern ment.

It is obviously necessary and proper that congress should possess supreme control at the seat of the national government; and that the members of the general gov. érnment should not be dependent on a state for protection in the exercise of their duties.

As the inhabitants of this district have placed themselves under the government of congress, they have no voice in the election of representatives, nor of electors of president and vice president. Although laus are from time to time passed by congress for the government of . . this district, these acts principally adopt the laws of Ma.

ment? When did it become such? What body makes laws for the inhabitants of the district? Over what other places has congress exclusive authority ? How, and under what circumstances

ryland and Virginia, as the law of the several portions of the district ceded by those states respectively.

It is equaily necessary that congress should exercise like authority over the forts, arsenals, dock yards, and

other property of the United States; as the public money 1 'expended on such places, and the public property deposi1 ted in them, require that they should be exempt from the

authority of the particular state in which they are situate. ü The power of congress to legislate exclusively within

any place ceded by a state, carries with it the right to

make that power effectual. Congress may provide, by - law, for the apprehension of a person who escapes from

such place, after committing a felony; for conveying him
to or from any other place for trial or execution. Congress
may punish those for misprision of felony, who, vut of a
fort, conceal a felony committed within it. To give the
United States exclusive legislation and jurisdiction over
any place in a particular state, there must be a free ces-
sion thereuf, for one of the purposes specified in the fore-
going clause of the constitution. Such jurisdiction can.
not be acquired tortiously, nor by occupancy with the tacit
consent of the state.

When a place has been purchased by the United States,
for the erection of a fort, with the consent of the state, the
jurisdiction of the state ceases therein, and the inhabiiants
of such place cannot exercise therein any civil or politi-
cal privileges under the laws of the state, as they are not
subject to such laws, ror bound to pay taxes imposed by:
their authority.

At what pericd does ibe

is this exclusive jurisdiction acquired ? state jurisdiction cease ?


Miscellaneous Powers of Congress.

Treason. Congress has power “to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.”

This power is indispensable to the preservation of the government; and though it might have been inferred from the power of self defence, which every government is presumed to possess, it is properly inserted in the constitution: and particularly proper was it to insert a definition of the crime, to prescribe the proof requisite for conviction, and to restrain congress in punishing it. The constitution therefore declares:

" Treason against the United States shall consist in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.'

The term “ levying war” is adopted from the English statute of treasons, and has that sense in the constitution which it was understood to have in the English statute, from which it was borrowed. An assemblage of men, for a treasonable purpose, such as war against the government, or a revolution of any of its territories, and in a condition to make such war, constitutes a levying of war. To levy war, is to raise, make or carry on war. War

Who has power to declare the punishment of treason? In what does treason consist? What testimony is required to convict of treason? What constitutes the levying of war? Is the actual ap.

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