Letters of Marque and Reprisal.

175. Letters of marque and reprisal are commisșions or letters which authorize the persons to whom they are granted to capture the property of a foreign state, particularly its merchant vessels. They are usually granted in a time of war, and as a means to distress the enemy. They are also occasionally granted in peace, as, for example, when a nation has been injured in its own rights, or in those of its subjects, without being able to obtain justice from the tribunals or sovereign of the country against which they are issued.

176. Before private letters of marque are granted, proof must be produced of the amount of injury which has been sustained, which is set forth in the letters, in order that the surplus of property captured may, after the payment of damages, interest, and expenses, be restored to the owners. Hence all vessels seized under those letters must be brought into some port, and condemned and sold by the order of a competent court in order that the surplus, if any, may be thus restored.

177. The general principles relating to land and maritime captures are defined by the law of nations ; but the rules respecting the division of the captured property, and many other details, each government

regulates for itself. Congress, as an encouragement and reward of valor, have established a rule that when a captured ship is of equal or superior force to the ship making the capture, she shall be the sole property of the captors. In all other cases the property is divided equally between the captors and the United States.

The Army.

178. As we have already remarked, the power is confided to Congress to raise and support armies; but no appropriation of money to that use can be for a longer term than two years.

179. The appropriation is confined to two years, in order to prevent the keeping on foot a standing army without the continued consent of the Representatives of the people. The actual practice is, to make the appropriations not even for two years, but only for the current year.

180. There is no restriction upon the power of Congress in raising armies as to the persons they will enlist. Hence they may enlist minors in the army or navy, without the consent of their parents. Public policy requires that a minor should be at liberty to enter into a contract to serve the state, whenever such contract is not positively forbidden by the state itself. But an Act of Congress directs

that no person under the age of eighteen shall be mustered into the United States service.

The Navy.

181. Congress are also empowered to provide and maintain a navy.

182. Congress possessed the same power under the Confederation, but were never able, from want of means, to build and equip a navy. It was not until some years after the adoption of the Constitution, and the organization of the government, that the foundation of a navy was laid. In 1797 three frigates were completed, and were named the Constitution, the United States, and the Constellation. These vessels were the germ, as it were, of our present naval force.

Government of the Army and Navy.

183. With the power to raise armies and provide a navy is associated the necessary power to make rules for the government and regulation of the land and naval forces.

The Militia.

184. Congress have also the authority to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.

185. By militia are meant that body of citizens in a state who are enrolled and trained to military exercises. They are a very different force from a standing army-being simply citizens who are liable to do military duty, who are regularly enrolled for that purpose, and who assemble occasionally to be taught military duties.

186. By an Act of Congress, passed in 1795, the President is authorized, in certain exigencies, such as invasion, or imminent danger of it, to call forth such number of the militia most convenient to the scene of action as he may judge necessary. It belongs to him exclusively to judge whether the exigency has actually arisen, and his decision is conclusive upon the state authorities.

187. When the militia are called into the service of the United States, and are mustered at the place of rendezvous, they cease to be state militia, and become national militia; and from that time they are paid by the United States, and are subject to the articles of war. If they neglect or refuse to march to the place of rendezvous they may be tried and fined by a court-martial, constituted under the authority of the United States, but composed of militia officers only. The states may also pass laws providing for the trial of such delinquents by courtmartial. And they may employ their own militia, not called into the service of the Union, to aid the govern

ment in executing the laws, in suppressing insurrections, and in repelling invasions.

188. Congress is not only authorized to provide for calling forth the militia, but also to provide for organizing, arming, and disciplining them, 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.

189. The object of this power is to secure uniformity in the organization and discipline of the militia, and, as a consequence, efficiency in case of actual service. By an Act passed in 1820, Congress provided that the system of discipline and field exercise, which is observed by the regular army, should also be observed by the militia.

Seat of Government.

190. Congress exercise exclusive legislation, in all cases whatever, 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 they also 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, dockyards, and other needful buildings.