OTHER IMPORTANT POWERS OF CONGRESS
THE POST OFFICE, COPYRIGHTS, PATENTS, THE ARMY, THE NAVY, ETC.
=The Postal Service.=--The beginnings of the postal service in the
United States date back to the action of the Continental Congress in
creating a post office department in 1775, and appointing Benjamin
Franklin as its head. Under Franklin's direction postal routes were
established throughout the colonies and the mails were carried over them
at intervals of one or two weeks. In 1776 there were twenty-eight post
offices located in the more important towns. The Constitution gave
Congress power to establish post offices and post roads, and when the
new government was established, the postal service was reorganized and
extended. In 1790, however, there were only seventy-five post offices in
the thirteen states, and less than 2,000 miles of post roads. The total
revenues were only $37,000, and the expenditures only $32,000. Now there
are more than 60,000 offices and over 25,000 different routes, with an
aggregate mileage of about 450,000 miles. A recent postmaster-general
has well said: "The postal establishment of the United States is the
greatest business concern in the world. It handles more pieces, employs
more men, spends more money, brings more revenue, uses more agencies,
reaches more homes, involves more details, and touches more interests
than any other human organization, public or private, governmental or
corporate." Some idea of the magnitude of the service may be gained from
the fact that during the year 1919 about twenty billion pieces of mail
were handled, more than $1,000,000,000 worth of domestic money orders
were issued, and more than 120,000,000 articles were registered. The
receipts for the year 1919 aggregated $364,847,126, and the expenditures
$362,497,635.
_The Postal Deficit._--For many years the postal service was operated at
a loss, the principal causes of the deficit being due to the loss
sustained by the government on the transportation of second-class matter
and through the rural free delivery service. During the fiscal year 1917
the loss on the former account aggregated $72,000,000 and on the latter
about half that amount. There is also a heavy loss on mail carried free
under the Congressional frank. Thus in 1917 more than 60,000,000 pounds
of such mail was carried, the postage on which would have cost more than
$20,000,000. Nevertheless by rigorous economy the deficit was made to
disappear in 1911 for the first time in thirty years. In 1917 there was
a surplus of more than $9,000,000.
=Mail Matter.=--Congress has power to decide what matter shall be
admitted to the mails and what shall be excluded. In addition to books
and printed matter generally it allows parcels of merchandise weighing
not more than seventy pounds to be carried through the mails; also
seeds, bulbs, roots, samples of flour, dried fruits, cut flowers,
geological and botanical specimens, soap, nuts, live queen bees, dried
insects, etc. On the other hand, the following matter is denied
admission to the mails: parcels weighing over seventy pounds; poisons,
explosives, live animals, liquors and other objects unsuitable for
transportation in the mails; obscene matter and articles adapted or
designed for immoral purposes; all matter relating to lotteries and
schemes for swindling the public, and, by acts of 1917, advertisements
of intoxicating liquor intended for distribution in prohibition states
and printed matter advocating treason, insurrection, resistance to the
laws, disloyalty, etc.
_"Fraud Orders."_--The mails are so frequently used by dishonest
concerns for circulating advertising matter designed to defraud the
public, that a law has been passed authorizing the postmaster-general to
withhold the privileges of the postal service from persons using it for
such purposes. In pursuance of this authority, he frequently issues
"fraud orders," instructing the local postmaster not to deliver mail to
specified fraudulent concerns. It was reported in 1913 that in two years
such concerns had swindled the people out of $129,000,000.
_Classification of Mail Matter._--Mail is classified into four different
classes: _first_, letters and postal cards; _second_, newspapers and
other periodical publications; _third_, printed matter not admitted to
the second class; and _fourth_, merchandise not comprehended in the
other three classes.
_The Rates of Postage_ on the different classes have varied in amount
from time to time. In the early history of the post-office department
the rates for transporting letters were regulated on the basis of the
distance carried, and according to the number of sheets in the letter,
the amount ranging from six to twenty-five cents. Since 1863, however,
there has been a uniform rate on letters irrespective of distance. In
1883 the rate was fixed at two cents; in 1917, three cents; in 1919, two
cents. Before 1847, when the adhesive postage stamps were introduced,
payment of postage was made in cash and the amount indorsed on the
envelope. Postal cards were introduced in 1872.
On the transportation of first-class mail the government realizes a
profit estimated at $60,000,000 per year, notwithstanding the long
distance much of it is carried. There is also a substantial profit
derived from foreign mail.
=Second-Class Matter= mailed by the publishers is carried at the rate of
1-1/2 cents a pound, with an added charge (depending on distance) for
advertising matter;[45] but newspapers are carried free to any office
within the county of publication except in cities having free delivery
service. The government has sustained heavy losses in carrying
second-class matter. In the year 1917 more than 1,200,000,000 pounds was
transported at a loss of over six cents per pound. It constituted over
60 per cent of all domestic mail, but yielded less than five per cent of
the postal revenues, the loss being greater than the profits realized on
all other classes of mail combined.
[45] The rate for other persons than publishers is four cents a pound.
_Should the Second-Class Rate be Increased?_--For some years there was
considerable agitation in favor of increasing the rate paid by
publishers, especially on magazines which are overloaded with
advertising matter and on other publications which are devoted largely
to advertising purposes. Successive postmasters-general urged a
readjustment of the rates, but until 1917 Congress took no action
further than to appoint a commission to investigate and report on the
subject. The two suggestions most considered were, that a higher rate
should be imposed on magazines than on newspapers in view of the fact
that the average distance of transportation is greater in the case of
magazines than in the case of newspapers, and that a higher rate be
imposed on advertising matter than on purely reading matter.
Against these arguments it was contended that the educational benefits
derived from the extensive circulation of second-class matter are very
great, and that for this reason the government can well afford to
contribute something toward the dissemination of advertising information
among the masses of the people. Moreover, it was argued that the
circulation of second-class matter is responsible for a large amount of
first-class matter and thus the government makes up in the increased
profits on first-class matter what it loses on second-class matter. Thus
it was said that fifty pages of advertising matter in a popular magazine
might lead to the writing of 50,000 letters. Consequently a reduction in
the volume of second-class matter would inevitably be followed by a
corresponding reduction in first-class matter.
Finally in 1917 Congress passed a law providing for a graduated increase
in the rates on the advertising portions of newspapers and magazines,
the amount depending on the distance carried.
=Free Delivery Service.=--The extension of _rural free delivery_ service
has been the most rapid and remarkable of all the undertakings of the
post office department. It began as an experiment in 1897, when less
than $15,000 was appropriated to test the advantage of free delivery in
country districts, and it has been extended until it now constitutes one
of the largest branches of the postal service, the annual expenditures
on account of the service exceeding $50,000,000. This is the largest
item of expenditure by the post office department on any of its services
except the transportation of mail on the railroads, which foots up
nearly $55,000,000. There are more than 40,000 rural free delivery
routes in operation, and nearly three billion pieces of mail are
annually delivered to 27,000,000 people along these routes. An
investigation made in 1909 showed that the postage on the average
amount of mail collected on a rural route was $14.92 per month, while
the average cost of the service was $72.17. The average cost of the
service on a rural route, therefore, exceeded the average revenue
derived from postage by $687 per year. On that basis the total loss on
the operation of the service was estimated to be about $28,000,000. But
while the loss to the government in money has been great, the advantage
to the country districts served has been notable. Besides the
convenience to the country residents it has brought them into closer
relation with the centers of population, made country life more
attractive and less monotonous, increased farm values, and encouraged
the improvement of country roads, since the department insists upon the
maintenance of the highways in good condition as a prerequisite to the
introduction and continuance of the service.
_Free Delivery in Cities._--Free delivery of mail in the larger towns
and cities was first introduced during the Civil War, and the service
has been extended to include all places of not less than 10,000
inhabitants or where the postal receipts are not less than $10,000 per
year. In 1885, provision was made by which immediate delivery ("special
delivery") of a letter upon its arrival at a city post office could be
secured by payment of ten cents.
=Registry Service.=--In 1855, Congress established the registry service,
by which upon the payment of extra postage--the extra rate is now ten
cents per letter or parcel--special care is taken of letters or parcels
registered. Thus the safe delivery of a valuable letter or parcel is
practically assured, and by a recent law the post office department has
provided a system of insurance against the loss of parcels mail--the
maximum amount allowed in case of loss being one hundred dollars.
=Money-Order Service.=--In 1864 the money-order service was established,
by which upon the payment of a small fee, ranging from three to thirty
cents according to the amount of the order, money may be sent through
the mails without danger of loss. At all the larger post offices and at
many of the smaller ones, international money orders may also be
obtained at rates ranging from ten cents to one dollar, payable in
almost any part of the world where the mails are carried. The primary
object of the postal money-order service is to provide for the public a
safe, convenient, and cheap method of making remittances by mail, and it
is the declared policy of the department to extend the service to all
post offices where its introduction is practicable.
=Postal Savings Banks.=--One of the most important extensions of the
postal service is the establishment of a system of postal savings banks,
authorized by an act of Congress passed in 1910.[46] This service has
long been performed by the governments of many other countries, and its
introduction into the United States had been strongly recommended by
successive postmasters-general for a number of years. The proposition
was also indorsed by both of the great political parties in their
national platforms. In favor of the proposition it was pointed out that
in many communities private savings banks are inaccessible, there being
only one such bank to every 52,000 of the population of the country, as
a whole; that on account of the popular distrust of private savings
banks in many communities, savings were hoarded and hidden and thus kept
out of circulation; that on account of the popular confidence in the
government the establishment of savings banks under its auspices would
cause the money now hidden to be brought out and put into circulation;
that it would encourage thrift and economy as well as stimulate loyalty
and patriotism among depositors; and that it would improve the
conditions of farm life, thus supplementing the work of the rural free
delivery service, the telephone, and the interurban trolley car.
[46] Already in 1906 a system of postal savings banks had been
established in the Philippine Islands, where it was giving entire
satisfaction.
The new law for the establishment of postal savings banks, as amended in
1918, provides that any person may deposit with the local postmaster of
any office which has been made a depository (there were over 7000 such
offices in 1918) any amount from one dollar up to $2500 and receive
interest thereon at two per cent per annum, provided the amount has been
on deposit at least six months. Detailed provisions are made for the
investment by the government of the sums deposited in the post offices
throughout the country. There were in 1919 over 565,000 depositors and
the total deposits were $167,323,260,--an average of nearly $300 per
depositor.
=Parcel Post Service.=--In many countries the post office department
also performs, through the parcel post service, what amounts to an
express business. Thus in a number of the European countries one may
send boxes or parcels weighing as much as fifty or even one hundred
pounds through the mails at very low rates of postage. In the United
States books and packages of merchandise may be sent through the mails,
but the weight of the package except in the case of books was until 1913
limited to four pounds.[47] The limitation as to weight and the
comparatively high rate of postage--sixteen cents per pound--made
resort to the express companies necessary much more than in Europe. For
some years there was a widespread agitation for the establishment of a
parcel post system in the United States, and in 1912 Congress provided
for the installation of such a system on January 1, 1913. The maximum
weight limit of parcels that might be transported through the mails was
increased to eleven pounds (and later to fifty pounds; seventy pounds
for short distances), and the list of mailable articles was enlarged so
as to include butter, eggs, meats, fruits, and vegetables. In 1914 books
were added to the list. The country is divided into zones according to
the distance from each post office, and the rate of postage varies both
with the weight and with the zone to which it is sent. About one billion
parcels, weighing over two billion pounds, are handled annually. So
popular is the service that in 1914 the postmaster-general recommended
that the government take steps toward acquiring the telegraph and
telephone service of the country.
[47] The United States has long had "parcels post" treaties with a
number of foreign countries, however, by which parcels weighing as much
as eleven pounds may be sent through the mails to those countries at
the rate of twelve cents per pound.
=Postal Subsidies.=--In recent years there has been considerable
agitation, principally by the postal authorities and the commercial
organizations of the country, in favor of extending our postal
facilities with certain foreign countries, notably South America and the
Orient, where they are now very inadequate. While most of the European
governments have quick and frequent postal communications with these
countries, ours are slow and infrequent. Most foreign governments have
adopted the policy of subsidizing private steamship lines to carry the
mails to out-of-the-way places. In 1891, Congress passed a law for this
purpose, but the amount appropriated is so small that the post office
department has not been able to extend our mail facilities with foreign
countries as rapidly as needed.
[Illustration: POST OFFICE, NEWARK, NEW JERSEY]
[Illustration: POST OFFICE, DES MOINES, IOWA]
=Shipping Board.=--With a view to building up the American merchant
marine, which in recent years had greatly declined, Congress in 1916
provided for the appointment by the President of a federal shipping
board composed of five commissioners with power to construct or purchase
merchant vessels suitable as naval auxiliaries and for the carriage of
American commerce. The board is also to supervise common carriers
engaged in transportation by water. As a war measure, the extent of its
building operations was greatly increased in 1917.
=International Postal Union.=--In this connection it may be noted that
practically all the countries of the world have joined in forming what
is known as the International Postal Union, for the reciprocal exchange
of mails between the post offices of all countries belonging to the
Union. The rates are fixed by a congress which represents the member
states and which meets, in normal times, every five years. A letter may
therefore be sent from one country to any other in the Union at a
uniform rate, which, with some exceptions, is five cents. By special
arrangement the rate on letters between the United States and the
British Isles has been reduced to two cents. Likewise the rate between
the United States and Canada or Mexico or most of the West Indies is by
special arrangement two cents.
=Classes of Post Offices.=--Post offices are grouped in four classes on
the basis of their gross annual receipts. First-class offices are those
whose gross receipts exceed $40,000 a year.[48] They are usually located
in buildings owned by the government, and in the larger cities there are
branch offices or sub-stations in different parts of the city.
Fourth-class offices are those whose annual receipts are below $1,000.
[48] The receipts of the New York post office are about $45,000,000 a
year.
Salaries of postmasters of the offices of the first three classes are
determined mainly on the basis of the receipts of the office. Fourth-class
postmasters receive no fixed salary, but instead are paid a percentage of
the value of the stamps cancelled. In the larger post offices there are in
addition to the postmaster one or more assistant postmasters and a force of
clerks and carriers, the number depending on the amount of business and the
size of the city. All postmasters are appointed after examinations under
the civil service rules. Postmasters of the fourth class are appointed by
the postmaster-general; those of the other three classes are appointed by
the President.
=Copyrights.=--The Constitution gives Congress the power to promote the
progress of science and useful arts by securing for limited times to
authors and inventors the exclusive right to their respective writings
and discoveries. The purpose of the copyright law is to protect authors
from having their books and other writings republished without their
permission, and hence to prevent the rewards of their talent and
industry from being appropriated by others. In pursuance of this
provision Congress has enacted legislation enumerating the productions
for which copyrights may be granted, the conditions under which they may
be secured, and the terms for which the protection shall last. The law
provides that copyrights may be granted for books, musical compositions,
maps, works of art, photographs, and even for unpublished works. In the
case of published works two copies of the best edition must be deposited
with the register of copyrights at Washington. The ordinary form of
copyright notice is "Copyright, 19--, by A. B."
The term of the copyright is twenty-eight years, but it may be renewed
for another period of twenty-eight years. During the period of the
copyright the author has the exclusive right to print, publish, and sell
the article copyrighted, and in case of infringement he may have
recourse to the federal courts for damages on account of the loss
sustained. A copyright may be sold or otherwise transferred, but the
fact must be recorded by the register of copyrights.
_International Copyright._--Formerly the writings of an American author
might be republished in a foreign country without his consent, and thus
he had no protection outside of his own country. Accordingly, to secure
protection to American authors against the republication of their works
in foreign countries without their consent, Congress enacted laws in
1891 and 1909, looking toward the reciprocal protection of American and
foreign authors against infringement of the rights of each in the
country of the other. In pursuance of these acts a copyright will be
granted to a foreign author protecting him against the republication of
his works in the United States, provided the government of which he is a
subject will grant similar protection to American authors. But in the
case of foreign books published in the English language the book must be
printed and bound in the United States in order to secure the benefits
of copyright. International copyright treaties designed to secure
protection of this sort have been entered into between the United States
and a number of foreign countries.
=Patents.=--A patent is a form of protection granted by the government
to an inventor to secure to him for a limited period the exclusive
enjoyment of the fruits of his skill and industry. Patents were granted
by the state governments until the Constitution conferred this power on
Congress. In 1790 Congress passed a law authorizing the granting of
patents for new and useful inventions, and this law has been amended
and its scope extended several times since.
_The Patent Office._--In 1836, an office or bureau charged with
receiving applications, conducting examinations, and granting patents
was created in the department of state, but it was transferred to the
department of the interior in 1849. This office has grown to be one of
the largest and most important branches of the government service. It
has a large number of examiners and experts arranged in groups, each of
which examines the applications for patents for inventions of a
particular class.
_Conditions._--The applicant for a patent must declare upon oath that he
believes himself to be the original inventor of the article for which he
desires a patent, and he must submit with his application a full
description or drawing of the invention, and if demanded, also a model
of the same. The invention must be a useful one, for patents will not be
granted for inventions which have no practical or scientific value. If
the patent is refused by the commissioner of patents, the applicant can
take an appeal to the court of appeals of the District of Columbia. A
fee of fifteen dollars is charged for filing the application, and one of
twenty dollars for issuing the patent.[49] The term for which a patent
may be issued under the present law is seventeen years, which term may
be extended only by act of Congress. When a patent is granted the word
"patented" with the date on which it was issued must be placed on the
article in order that the public may have notice of the fact that it is
patented. During the term of the patent the inventor has the exclusive
right to manufacture, use, or sell the article, and in case of
infringement the law allows him to apply for an injunction to restrain
the infringer, or to sue for damages. Patents, like copyrights, may be
assigned or otherwise transferred, provided a record of the transfer is
made in the patent office.[50]
[49] Notwithstanding the large number of employees in the patent
office, the office is self-supporting by reason of the fees charged
and the large number of applications, the annual receipts amounting
to more than $2,000,000.
[50] An inventor who needs more time in which to perfect his invention
and to forestall the action of some one else may secure a caveat which
gives him a year in which to complete his invention.
Trade-marks are also registered by the patent office provided they are
to be used in interstate commerce. Trade-marks in other cases are
usually protected by state registration.
_Number of Patents Granted._--The inventive genius of the American
people is shown by the large number of patents which have been issued
since the first patent law was passed in 1790. The number granted during
the year 1919 alone amounted to 37,259. The annual reports of the
commissioner of patents, containing a list of the patents granted,
together with specifications and drawings of the inventions for which
patents have been issued, constitute a remarkable record of the growth
of the country along industrial and scientific lines.
=The Military Power of Congress.=--The Constitution confers upon
Congress the power to declare war, grant letters of marque and reprisal,
and make rules concerning captures on land and water. In England and
some continental European states the power of declaring war belongs to
the crown, though the means of carrying it on must be provided by the
legislative branch of the government. The framers of the Constitution,
however, with their distrust of executive power, wisely left the whole
matter to Congress. In the exercise of this power Congress has several
times declared war against foreign nations.
_A Letter of Marque and Reprisal_ is the technical term for a commission
issued to an individual by a belligerent government authorizing him to
prey upon the commerce of the enemy. The vessel commanded by a person
holding such a commission is called a _privateer_. Privateering was long
recognized as a legitimate mode of warfare, but the evils of the
practice, due mainly to lack of control over the person bearing a
commission of this sort, were so great that a congress of European
nations held in Paris in 1856 declared privateering to be abolished.
Although the United States has never formally adhered to this act, there
is no likelihood that our government will ever again resort to
privateering.
_Captures._--In pursuance of the power to make rules concerning captures
on land and sea, Congress has adopted a code of rules, though that
matter is regulated for the most part by international law. Formerly it
was the practice to allow the commander and crew a share of the proceeds
of prizes captured on the sea in time of war, but in 1898 a law was
passed abolishing prize money and providing that the proceeds from the
sale of prizes should be turned into the treasury of the United States.
In case of rebellion or insurrection the whole matter of the liability
of the property of insurgents is within the control of Congress. Thus
during the Civil War acts were passed for the confiscation of all
property of the Confederates used in the prosecution of the war, as well
as all abandoned property, that is, property belonging to persons who
were away from their homes and in the Confederate service.
=The Army.=--The Constitution expressly authorizes Congress to raise and
support armies, subject to the limitation that no appropriation for the
support of the army shall be for a longer period than two years. This
period corresponds to the term of Congress, and hence the limitation
serves to keep the army under the control of the people. There was more
or less jealousy of standing armies at the time of the adoption of the
Constitution, and for a long time the regular army of the United States
was very small; in 1898, for example, it was only 27,000 men.
_Present Strength of the Army._--By an act passed in 1916 provision was
made for increasing the peace strength of the regular army to 480,000
men; for establishing officers' reserve training corps at colleges and
universities; for maintaining camps for giving military training to
citizens who apply for it; and for creating a regular army reserve, the
members of which are to receive at least fifteen days' training each
year. Provision was also made for reorganizing the militia and for
increasing its strength ultimately to about 425,000 men. The expense of
the training camps and of equipping, training, and paying a small salary
to the officers and men of the organized militia and of the regular army
reserve is to be borne by the national government. After the beginning
of the war with Germany (1917), provision was made for raising a large
army by conscription of able-bodied young men between the ages of 21 and
31 years--later on between 18 and 45.[51] By the act of June 4, 1920, the
strength of the regular army was reduced to 150,000 men on October 1,
1921.
[51] In 1918 when the World War closed some 2,000,000 Americans were
under arms in France and about 2,000,000 were in the training camps and
schools in the United States.
_The General Staff._--In 1903 the office of "commanding general" was
abolished and in its place a general staff was created, to prepare plans
for the conduct of military operations. By the acts of 1916 and 1920 the
general staff was reorganized. At its head is a chief of staff with the
rank of major general, who in time of peace is the actual head of the
army. Among his assistants are: a chief of cavalry, a chief of field
artillery, a chief of coast artillery, a chief of infantry, and a chief
of chaplains.
_Military and Naval Expenditures._--The expenditures on account of the
military and naval establishments have increased enormously in recent
years. Before the war with Spain the appropriations for the maintenance
of the army did not exceed $50,000,000 per annum. The budget of
expenditures for the year 1922 as submitted to Congress by the President
aggregated nearly $4,000,000,000. It contained the following items: war
department, $390,000,000; navy, $478,000,000; pensions, $258,000,000;
veterans bureau, $438,000,000; interest on the national debt,
$976,000,000; total, $2,539,000,000, or more than 60 per cent of the
total, leaving less than 40 per cent for civil purposes. In the hope of
bringing about an agreement among the nations for a reduction of their
military and naval expenditures, a conference of the Powers, called by
President Harding, assembled at Washington in November, 1921. Here an
agreement was reached to reduce naval expenditures.
_Volunteers._--Except during the Civil War and the war with Germany,
resort has never been made to conscription for recruiting the army--a
practice almost universal in Europe. In most of our wars the chief
reliance has been on volunteers and the militia. Thus at the outbreak of
the Civil War the President was authorized to accept the services of
500,000 volunteers, and at the outbreak of the war with Spain in 1898,
the President called for 200,000 volunteers. It takes much training to
convert an inexperienced volunteer into an efficient soldier; but many
of our great battles have been fought chiefly by the volunteer forces.
=The Militia.=--The Constitution also authorizes Congress to provide for
calling forth the militia to execute the laws of the Union, suppress
insurrections, and repel invasions; and 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. The militia
as defined by act of Congress consists of all able-bodied male citizens
of the United States between the ages of eighteen and forty-five. That
portion of the militia regularly organized, uniformed, and occasionally
drilled and taught military tactics constitutes the national guard.[52]
[52] The actual strength of the national guard in 1921 was about
113,600 men. But the plans for its development contemplate an ultimate
strength of 425,000 men.
Each state organizes and controls its own militia, and the national
government has no control over it until it has been called into the
service of the United States, when it becomes subject to the rules and
discipline prescribed for the government of the regular army. In 1795,
Congress passed an act prescribing the conditions under which the
militia might be called into the service of the United States. This act
conferred on the President of the United States the power to call out
the militia whenever, in his judgment, it was necessary or expedient.
Such calls are addressed to the governors of the states, who are the
commanders of their several portions of the militia. When, however, the
militia has been mustered into the service of the United States the
President becomes their commander in chief. In pursuance of this
authority the President has called out the militia on two different
occasions; during the War of 1812 to repel invasion; and during the
Civil War to suppress insurrection. In 1898 when the war with Spain was
declared, the call was issued not for the militia but for
volunteers.[53] Nevertheless many of the volunteers who responded were as
a matter of fact members of the organized militia of their respective
states. In pursuance of authority conferred by Congress in 1916, the
President drafted the organized militia into the federal service in that
year for service on the Mexican border, and again in 1917 on account of
the war with Germany.
[53] This was due to the fact that there was doubt as to whether the
militia could be called out and sent abroad for the purpose of
prosecuting a war against a foreign country, in view of the
specification in the Constitution of the objects for which the militia
may be called into the service of the United States. Under the Act of
1916, the organized militia may be drafted into the service of the
United States for use anywhere if Congress declares that an emergency
exists. They were so drafted in 1917 and sent to Europe, not as
militia, but as a part of the regular army.
_The Naval Militia._--In a number of the seaboard states and some of
those bordering on the Great Lakes, there are organized bodies of naval
militia, with training ships loaned by the United States for the purpose
of drill and instruction. Like the land militia, the naval militia of
each state is under the control of the state and until called into the
federal service is under the command of the governor.[54]
[54] According to the report of the secretary of the navy for 1916, the
naval militia of the states numbered 9,170 men and 636 officers.
=The Navy.=--Congress is also authorized by the Constitution to provide
and maintain a navy. In pursuance of this authority, Congress created a
small naval establishment in 1794, but it amounted to little until the
War of 1812, when it was strengthened by the improvisation of a number
of war vessels which won brilliant victories over the ships of Great
Britain. Thereafter the navy was neglected until the necessities of the
Civil War required its rehabilitation. At the close of the war the
vessels in the service numbered 683, but they were sold or otherwise
disposed of, and what was once the most powerful navy in existence was
allowed to go to pieces. In 1881 a board of naval officers prepared a
somewhat elaborate naval program and recommended the construction during
the next eight years of some 120 naval vessels. The work was begun in
1883--a date which may properly be fixed as the beginning of our present
navy. The first important appropriation, that of 1883, was less than
$15,000,000. Each year the amount was increased until in 1917 it had
reached $535,000,000.
_Present Strength of the Navy._--The number of officers and enlisted men
in the navy in August, 1919, was 241,357, besides about 19,000 men in
the marine corps. The total number of vessels of all kinds for fighting,
built or in process of construction, was about 1070. These included 50
battleships, 18 armored cruisers of various types, 7 monitors, some 30
unarmored cruisers of different types, about 360 destroyers and torpedo
boats, about 160 submarines, 336 submarine chasers, and about 100
gunboats and patrol vessels.
According to the report of the Secretary of the Navy in 1919, the naval
standing of the great powers was as follows:
NUMBER OF SHIPS TOTAL TONNAGE
Great Britain 812 2,691,211
United States 339 1,070,576
France 222 552,755
Japan 129 540,426
Italy 237 287,923
Russia 101 254,148
Germany 36 116,886
For administrative purposes the ships of the navy are grouped into
fleets, and these are again subdivided into squadrons. Thus the North
Atlantic fleet is divided into a coast squadron and a Caribbean
squadron. Within each squadron there are usually a number of divisions.
There are navy yards where ships are either built or repaired at a
number of places on the Atlantic and Pacific coasts,[55] and there are
several training schools for recruits, and a naval academy at Annapolis
(founded in 1845), where young men are educated for service in the
navy.[56] There is also a naval war college at Newport, Rhode Island, for
advanced study of naval problems and questions of international law.
[55] Most of the ships of the navy have been constructed by contract
with private ship-building companies, but several experiments have been
made of government construction in the navy yards. Thus the battleship
Louisiana and several others were constructed by the government in its
own shipyards.
[56] For further information concerning the naval academy, see p. 338.
_Ranks._--Until 1862, the highest official rank in the navy was that of
captain, although the title commodore was popularly applied to officers
in command of a squadron. The following table is a list of the officers
of the navy, beginning with the highest, together with the corresponding
ranks in the army:
_Navy_ _Army_
Admiral. General.
Vice Admiral. Lieutenant General.
Rear Admiral. Major General.
Commodore.[57] Brigadier General.
Captain. Colonel.
Commander. Lieutenant Colonel.
Lieutenant Commander. Major.
Lieutenant. Captain.
Lieutenant, junior grade. First Lieutenant.
Ensign. Second Lieutenant.
[57] The rank of commodore no longer exists except for its survival on
the retired list. There are some twenty-five or thirty rear admirals.
The act of 1899, under which Dewey was appointed admiral, provided that
the office should cease to exist with his death, but in 1915 the rank
of admiral and vice admiral was reëstablished and the former rank is
now held by the commanders of the Atlantic, Pacific, and Asiatic
fleets.
_Marine Corps._--Officers in the Marine Corps have the same ranks as in
the army. While serving generally under the direction of the secretary
of the navy, the corps may serve with the army by order of the
President.
=Bankruptcy Legislation.=--The Constitution confers upon Congress the
power to pass uniform laws on the subject of bankruptcies throughout the
United States. Bankruptcy is the condition of a person whose liabilities
exceed his assets, and a bankruptcy law is one which provides for the
distribution of the assets of such a person among his creditors and for
his discharge from further legal obligation to pay his debts, thus
enabling him to make a new beginning in business. The discharge is only
from the _legal_ obligation; the _moral_ obligation remains, and should
be fulfilled in case of ability to do so in the future.
_State Insolvency Laws._--Before the adoption of the Constitution the
states passed insolvency laws discharging debtors from their legal
obligations, and it has been held by the Supreme Court that they may
still pass such laws, subject to the condition that they can affect only
citizens of the state in which the law is passed, and apply only to such
contracts as may be entered into subsequent to the enactment of the law.
If there is a federal bankruptcy law in force it supersedes all
conflicting provisions in the state laws on the subject.
_Federal Acts._--Since the Constitution went into effect Congress has
enacted four different bankruptcy laws, namely, in 1802, 1840, 1867, and
1898, the first three of which were in operation only fifteen years
altogether. The present law--that of 1898--provides for both
"voluntary" and "involuntary" bankruptcy. Any debtor, except a
corporation, may voluntarily have himself adjudged a bankrupt by filing
a petition in a United States district court, showing that his
liabilities are in excess of his assets. Any debtor except a
corporation, a wage earner, or a farmer, may, against his will, upon
petition of his creditors, be declared a bankrupt under certain
conditions.
Bankruptcy petitions are referred to "referees" for examination and
report. After hearing the testimony on the petition the referee reports
his findings to the court, which makes its decision largely on the basis
of such findings.
=Implied Powers.=--After expressly enumerating in succession the various
powers of Congress, the more important of which have been described
above, the Constitution concludes with a sort of general grant,
empowering Congress to make all laws which shall be necessary and proper
for carrying into execution those enumerated above. This is sometimes
called "the elastic clause," since it is capable of being stretched by
interpretation to cover many matters that Congress might not otherwise
feel authorized to deal with. It is doubtful, however, whether it really
adds anything to the power of Congress, since that body would
unquestionably have authority to do whatever is necessary and proper to
carry into effect the powers expressly conferred upon it. It is a maxim
of constitutional construction that wherever power to do a particular
thing is conferred, the means for doing it are implied. Manifestly it
would have been impossible to set forth in detail all the incidental
powers necessary to be exercised in carrying into effect the mandates of
the Constitution relating to taxes, coinage, post offices, making war,
etc.
_Liberal vs. Strict Construction._--The question of the interpretation
of the scope and meaning of this grant of powers arose very early in the
history of the national government, in connection with the proposition
of Hamilton to establish a United States bank. Hamilton contended that
the authority to establish such an institution was clearly implied in
the power to borrow money and pay the debts of the United States. A
federal bank, he urged, was a proper if not a necessary means for
carrying into effect these important powers of Congress, just as the
establishment of a mint was necessary to carry out the power relating to
the coinage of money. Jefferson and his school of political thinkers,
however, held to a strict interpretation of the Constitution and
maintained that Congress had no right to exercise any power which was
not expressly conferred. The view of the "loose" or "liberal"
constructionists, however, prevailed, and from the beginning Congress
has relied upon the doctrine of implied powers for its authority to
legislate on many important questions.
_Examples of Implied Powers._--It was upon this authority that foreign
territory has been purchased and governed; that a protective tariff has
been levied; that a national bank was established; that legal tender
paper money has been issued; that the construction of the Panama Canal
has been undertaken; that ship subsidies have been granted; that postal
savings banks have been established; that education has been fostered;
and many other activities undertaken. The policy of liberal
interpretation was first adopted by Chief Justice Marshall of the
Supreme Court and his associates, and with rare exceptions has been
followed by the court throughout its entire history. The effect has been
to strengthen the national government and render it capable of
fulfilling the great purposes for which it was created. The whole
course of our political and constitutional history is different from
what it would have been had the view of the strict constructionists
prevailed.
=References.=--ANDREWS, Manual of the Constitution, pp. 120-148.
BEARD, American Government and Politics, ch. xix. COOLEY,
Principles of Constitutional Law, pp. 94-111. FAIRLIE, National
Administration, chs. ix, x, xii. HART, Actual Government, ch. xxiv.
=Documentary and Illustrative Material.=--Copies of the annual
reports of the Postmaster-General, the Librarian of Congress, the
Commissioner of Patents, the Secretary of War, and the Secretary of
the Navy, all of which may be obtained gratis from the officials
mentioned.
RESEARCH QUESTIONS
1. Why should the postal service be conducted by the government? Should
the transportation of the mail be a government monopoly?
2. Should the rates of postage on second-class matter, in your opinion,
be increased? Why?
3. What are the advantages of a postal savings bank system?
4. Ought the government to establish a parcels post system? To what
extent do we already have a parcels post service?
5. Do you think our postal facilities with South America and the Orient
should be improved by means of ship subsidies?
6. What would be the advantage of making the tenure of postmasters
permanent?
7. Why should the granting of copyrights and patents be placed under the
jurisdiction of the national government rather than under that of the
state governments?
8. Why should the term of a copyright or patent be limited?
9. Socialists argue that since the granting of a patent to an inventor
secures to him a monopoly of the manufacture and sale of his invention,
the government ought not to grant patents for such purposes. What is
your opinion of this argument? Would it be better for the government to
compensate the inventor and remove the restrictions upon the manufacture
and sale of his invention?
10. Why are the appropriations for the maintenance of the army limited
to two years?
11. Should the expenditures on account of the army and navy, in your
opinion, be reduced?
12. What do you understand by the movement among the nations for
disarmament? Do you think disarmament desirable or practicable?
13. Tell something of the objects and results of The Hague Peace
Conferences. Give examples of some disputes between the United States
and other countries that have been settled by arbitration.
14. What is the purpose of a bankruptcy law, and why should the power to
enact bankruptcy legislation be conferred upon Congress rather than left
to the states?
15. What is the distinction between "implied" and "inherent" powers
under the Constitution? Give some examples of each.
16. Which in your judgment is the safer policy, that of strict
construction of the Constitution or liberal construction?
[Illustration: STATE, WAR, AND NAVY BUILDING, WASHINGTON, D.C.]
[Illustration: MIDSHIPMEN OF THE NAVAL ACADEMY, ANNAPOLIS, MARYLAND, ON
THEIR WAY TO A DRILL SHIP]