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the property which an author may have in his writings, and that which an inventor may have in his discoveries, that the former has no beneficial property whatever in his works independent of what may be derived from their sale ; whilst an inventor may, in a very restricted sense, use his invention for purposes of profit.
691. To both authors and inventors, a right of sale is nevertheless indispensable, though more manifestly so in the first case than in the last; as every other subject of property may be partially enjoyed, although the right of sale be restricted or forbidden; but the right of property of authors and inventors is so essentially connected with the right of sale, that the inhibition of that right annihilates the whole subject.
692. Accordingly the Acts of Congress passed in virtue of this constitutional power, secure to an author, or his assignee, “ tlie sole right and liberty of printing, reprinting, publishing and vending," his work; and to a Patentee, “ the full and exclusive right and liberty of making, constructing, using, and vending to others to be used,” his invention or discovery, within the times limited for the enjoyment of their respective privileges.
693. A State may prohibit the use of any particular invention as noxious to the health, injurious to the morals, or in any respect prejudicial to the welfare of its citizens ; but the Government of the Union must possess exclusively the power of determining whether an invention for which a Patent is sought, be useful or pernicious, i.e. whether it be one for which a Patent ought to be granted.
694. As the object of the constitutional power of Congress is the promotion of the useful Arts, an in
vention useless or pernicious would not be a proper subject for its exercise ; but should a Patent for such an invention have unadvisedly been issued, the National authority may repeal the Patent, and interdict the use of the noxious discovery.
695. If a thing in itself pernicious, be patented, the Patentee could recover no damages for the violation of his right; as his Patent would confer no right of property: and if a patented invention be useful in itself, but the art or manufacture to which it relates, be injurious in its exercise to the public health, the Patent would afford no protection for the nuisance; because private interests must in all cases yield to the public good-and not because the Federal power is superseded or controlled by the State Laws.
696. So if the author of an immoral or libelous book prosecute for the invasion of his Copyright, he could recover no indemnity; and if prosecuted for his offence against the State Law in issuing such a publication, the authority of the United States would not protect him ; because, in the one case, his Copyright would invest him with no right of property; and in the other, would convey no right to use his property to the injury of others.
697. Restrictions imposed by State Laws, which are general in their operation, and not confined to Patentees or authors, in no sense derogate from the exclusive power of Congress to promote the progress of Science and the useful Arts.
698. But a construction of the Constitution, admitting that the States, in the exercise of an absolute discretion, may prohibit the introduction or use of any particular invention or writing, for which a Patent or a Copyright has been regularly obtained and continues
in full force, would render the power of Congress nugatory; and the States would substantially retain the very power they had nominally parted with.
*699. The several States, nevertheless, retain all other means of rewarding genius, promoting Science and the Arts, of encouraging new discoveries, and inviting useful improvements, except this particular power ceded to the Union ; and each State may use them in any way that ingenuity and good policy may dictate, and which does not interfere with the exercise of the power vested for those purposes in Congress.
700. The reason of this difference is, that all other modes of rewarding and encouraging genius, promoting Science, and inviting improvements in the useful Arts, may, without danger of being defeated by the conflicting Laws of co-ordinate Legislatures, be safely committed to the several States; whilst from the peculiar nature of the Federal system, the simple mode of securing a right of property to authors and inventors in their writings and discoveries, must, in order to effect that end, be exclusive in the General Government.
701. The next Power of a miscellaneous character which the Constitution vests in Congress, is II. The Power “to exercise exclusive Legisla
tion in all cases whatsoever, over such District not exceeding ten miles square, as might, 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 Legislatures of the States in which the same shall be situate, for the erection of
forts, magazines, arsenals, dock-yards, and
other needful buildings.” 702. Without complete supremacy and control at çat the seat of the National Government, the Federal authority might be insulted, and its proceedings in- . terrupted with impunity; whilst a dependence of the members of the General Government on one of the States for protection in the exercise of their duties, might subject the National Councils to the imputation of partiality,
.703. This consideration had the greater weight, as the public archives liable to destruction would accumulate, and the gradual multiplication of public documents, at the stationary residence of the Government, would create further obstacles to its removal, and further abridge its necessary independence. : 704. The necessity of a like authority over the forts, arsenals, dock-yards, and their appendages, established by the National Government, is not less evident; as the public money expended on such places, and the public property deposited in them, require that they should be exempt from the authority of the particular State in which they are situate. i :
705. Nor would it be proper that places on which the security of the entire Union might depend, should be in any degree dependent on a particular members. whilst all scruples and objections are obyiated by requiring the concurrence of the States concerned, in every such establishment. .
706. The cessions of territory contemplated for the first object were duly made, and Congress were thereby enabled to execute this power, by establishing, under their own jurisdiction, a permanent seat for the National Government.
707. This Territory was erected into a “ District” under the exclusive jurisdiction of Congress, by the name of " the District of Columbin," and " the City of Washington” was built in a central position there. in; the necessary edifices were erected for the accommodation of the Federal Government, and its seat was permanently established there at the commencement of the present century.
708. Municipal Corporations have been created by Congress for managing the local concerns of the Federal City, and of the Cities of Georgetown and Alexandria, which are also both comprised within the limits of the ten miles square ceded by the States of Maryland and Virginia, for the purpose expressed in the Constitution.
709. Laws have from time to time been passed by Congress for the government of the District of Columbia, and local Courts have been established therein for the administration of justice. But the Acts of Congress adopt the Laws of Maryland and Virginia as the Law of the several portions of the District ceded by those States respectively, with such alterations only as were rendered necessary by the change of jurisdiction ; but the separation and transfer of ju. risdiction did not affect contracts existing between individuals.
710. Although the inhabitants of the District of Columbia ceased, by its separation from Maryland and Virginia, to be Citizens of those respective States; yet, as Citizens of the United States, they are entitled to the benefit of all commercial and political Treaties with foreign powers, and to the protection of the Union, at home as well as abroad.
711. Notwithstanding the power of Congress to