FOR WHAT OFFENCES AN OFFICER MAY BE IMPEACHED.

The constitution says: "treason, bribery, or other high crimes and misdemeanors." This phrase, "high crimes and misdemeanors,” is a technical legal phrase, and may be said to be sufficiently defined by the common law. Congress might undoubtedly define it by law, but has never done so. An impeachment by the House, and a reception and trial of the impeachment by the Senate, would be, in another form, a declaration of the views of Congress in that particular case, and might have the force of a precedent, but not of a law.

The offence charged must be not an offence only, but a high crime and misdemeanor. What this is must be left for the House as accusers, and the Senate as triers, to determine. If they make a mistake, there seems no way to rectify it; for the case of impeachment is expressly excepted from the President's power of pardon. It cannot be doubted that the purpose of this great and exceptional power was to remove bad men from important offices, where they might do much harm. And there is little reason to fear that it will be prostituted to punish lesser or meaner wrong-doing.

SECTION XIII.

THE WAR POWER.

Congress has power "to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water."

The power to declare war obviously belongs of necessity to national sovereignty. There was much discussion among the framers of the constitution as to where this power should be lodged. In monarchical nations it belongs to the monarch alone; and there were some who thought the President with the Senate should have the power. But it was wisely concluded to give that power only to Congress.

Congress may declare war generally, as it did in 1812, when it was enacted, in the manner in which all laws are passed, that " war be and hereby is declared to exist between the United Kingdom of Great Britain and the dependencies thereof, and the United States of America and their territories." But Congress may also declare what may be called a qualified, partial, or imperfect war, as it did in the year 1798 with the kingdom of France; and divers laws were enacted concerning the same.

The issuing of letters of marque means the giving authority to parties injured by a foreign nation to seize the property or the per

sons of subjects of the State which did the injury, until satisfaction be received. Such authority was formerly given to the owners of private ships who had sustained injury from a foreign nation; and it authorized them to take prizes by way of indemnity. These were called special letters of marque and reprisal. Now, however, letters of marque issue only in time of war. They are a commission from the President to owners of private ships to make what prizes they can, and where they can.

This business of privateering is now carried on by all nations in time of war. But of late years there have been many strong efforts to abolish it, and to put private property on the sea on the same footing with private property on land, which the law of nations protects from destruction or injury, and especially from capture, unless these are necessary for purposes of war. Hitherto these efforts have been ineffectual; but it may be hoped that in time, as nations grow more civilized and international law becomes wiser and more humane, these efforts will be successful.

As Congress may declare war, so it has power "to raise and support armies;" but to this power is added a provision, which is a most important check upon the abuse of this power: "but no appropriation of money to that use shall be for a longer term than two years."

Under the general authority given to Congress to pass laws necessary and proper for carrying the provisions of the constitution into effect, Congress has passed many laws regulating prizes, and other matters of like kind. In general, a captured vessel must be brought into one of our own ports, and proceedings commenced before a court of competent jurisdiction, which is nearly always a Court of Admiralty. If the vessel is adjudged to have been unlawfully captured, she is surrendered to her owners. If lawfully captured, she is declared to be and is condemned as a prize. Ship and cargo are then sold, and the money divided among the captors as the laws of Congress direct.

ARTICLES OF WAR.

These are statutes passed from time to time by Congress regulating with considerable minuteness all military affairs. Every officer in the army is required to subscribe to them before he enters upon his duties; this subscription signifying not only an acknowledgment of notice, but a promise to obey them.

These articles are more than a hundred in number. They prohibit embezzlement of public property, cowardice before the enemy; drunkenness, oaths, and profanity; offering violence or disrespect in

any way to a superior officer, absence from parade, aiding the enemy. or corresponding with him, making known watchwords, duelling, and improper behavior at public worship, and sundry other offences against military good conduct. They provide rules for enlistment, discharging and granting furloughs to the men; for courts-martial, and for the disposal of the property of deceased soldiers; and they prescribe the punishments for various offences. The articles of war must be read publicly at least once in every six months to every regiment and troop in the army.

MILITARY ACADEMY.

In 1802 an act of Congress founded this academy, and placed it at West Point, on the western side of the Hudson River, about fifty miles from the city of New York. Begun on a small scale, and for some years lingering in comparative obscurity, after a while it attracted the attention of the people and of Congress, and has gradually grown into one of the very best organized and most efficient of the educational institutions of the country. For its own particular purpose, which is the training of young men to become officers in the army, it has, of course, no competitor in this country. It has proved its usefulness in this respect by the excellent officers whom it has educated. But the education which it gives is complete and thorough; and many of its graduates have left the military service, and become eminent and useful in various occupations in civil life.

Every State is entitled to send as many students as it has senators and representatives in Congress, and every Territory, and the District of Columbia, may send one. Usually the representatives nominate the students, and the President appoints them. Of late a custom has been introduced, whereby a representative, when his turn to nominate comes, calls together a board of competent examiners, and submits all who offer themselves as candidates to a competitive examination, and gives to the President the name of him who is most approved by the board. There may be exceptional cases, where the representative would do well to nominate without reference to such a board. But the custom is a good one, and it may be hoped that it will become universal. In addition to those appointed from the congressional districts, the President appoints ten at large, or from where he will.

THE NAVAL ACADEMY

Is now established in Annapolis, in Maryland. Its purpose is to educate students to become officers in the navy. The education

of the pupils is thorough, but of course is especially directed to accomplish the special purpose of the school. Still this school, like the army school, has sent out into civil life men who have distinguished themselves in various ways. The appointment to students in this academy is, like that of the military school, founded mainly on the congressional districts.

The students in both of these schools are entirely supported by the government. The examinations are frequent, and, without being too severe, are real; and no one can graduate without industry and fidelity to duty. Still, the number of students in both schools is usually in excess of the demands of the army and navy; and hence it is that the benefits of the excellent education they give are not confined to them, but are diffused through the country.

WARS OF THIS COUNTRY.

The war of Independence cannot be called a war of this nation, but rather a war by which we became a nation. Beginning with the first blood shed, on the 19th of April, 1775, it continued eight years, when it was terminated by the cessation of hostilities, proclaimed 19th of April, 1783, and the treaty of peace and independence, signed the 3d of September following.

We may call the difficulty with France, which occurred some twelve or fifteen years after our peace with England, an imperfect war. France counted too much on our sympathy and active support in her contest with England. She had helped us, and wanted us to help her; and there were so many in this country who desired to gratify the wishes of France, that it required the whole influence of Washington, aided by our wisest and strongest men, to avert a war with England. Then France was angry, and assumed an offensive, not to say hostile, attitude; and now it needed all that our best and wisest men could do to prevent a war with that country. France authorized the capture of American vessels under certain circumstances; we, in return, authorized the capture of French vessels, and there were some conflicts on the ocean. But finally the war-cloud was dispersed, and war was averted.

THE SECOND WAR.

This, again, might seem hardly to deserve so large a name. But Tripoli, Morocco, and Algiers claimed the right of exacting tribute from all who navigated the Mediterranean Sea. Other nations submitted to it. Our government would not. They took some of our merchant ships, and imprisoned the seamen.

In 1801 the Pacha

of Tripoli declared war against us. We sent a navy into the Mediterranean, under command of Commodore Preble, and succeeded in putting a stop to these piracies, so far, at least, as concerned us.

THE THIRD WAR.

This was a war with England. Many causes of mutual offence and hostility had been operating upon both nations for some years. At length, in 1812, war was declared. The immediate and ostensible cause was a claim on the part of the British government to stop our ships, whether private or public, board and search them, and take out seamen who had deserted from their vessels, and, being subjects of the British government, had emigrated to this country. This claim that government enforced in many instances, some of which were attended with peculiarly offensive circumstances. Our government denied this right, claiming that our flag protected those who sailed under it. So we went to war, which lasted until the 24th of December, 1814, when a treaty of peace was signed at Ghent, in Germany, where our commissioners had met the British commissioners. Had there been an ocean telegraph in those days, it would have prevented the bloody battle of New Orleans, in which, on the 8th of January, 1815, Jackson defeated the English. Some naval battles were fought afterwards by ships which had not heard of the peace. The remarkable thing about the treaty of peace was, that it included a settlement of none of the great questions on which we had gone to war. It was, nominally, just a peace between nations who were weary of fighting. But, in fact, the war itself had determined these questions in our favor; for England has never since enforced or advanced the right to search our vessels for her seamen and subjects, and, it may safely be asserted, never will.

THE FOURTH WAR.

This was a war with Mexico. The Mexican State of Texas revolted from Mexico. We helped Texas, and it established its independence. Then it called upon our government to protect it against Mexico. This our government was very willing to do, and sent an army into the western part of the Territory of Texas, nominally to protect it from invasion. There a battle was fought on the 26th of April, 1846. Other battles followed; and on the 12th of May Congress passed an act, not declaring war, but declaring that war actually existed between this country and Mexico, and asserting, in substance, that the war had been brought on by Mex-