was. as has been remarked, one of the principal defects of the confederation. Congress could declare war; but it had not the power to compel the states to comply with its requi sitions for men and money to carry on the war. Hence the necessity of placing this power in the same hands.

§ 397. It is the general policy of nations, in time of peace, to prepare for war. A constant preparation for defence is deemed the surest means of preventing the attacks of an enemy. One of the means provided for the national defence and safety, is a standing army. A standing army is a large number of armed soldiers, kept constantly in pay, and ready for action. Standing armies are by many regarded with jealousy, as being dangerous to liberty. But the distance of this country from the powerful nations of the world, renders an extensive peace establishment unnecessary. The standing army of the United States consists of several (formerly six) thousand men, distributed among the several forts and arsenals.

§ 398. But the constitution has very prudently added a precaution against danger from standing armies. An army can be sustained only so long as money is appropriated for its support; and appropriations for this purpose can be made for the term of two years only; at the expiration of which, the people, through their representatives, may destroy the army, by withholding the means of its subsistence.

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§399. Congress shall have power, " To maintain a navy.” -Art. 1, sec. 8, cl. 13.

§ 400. A navy means the ships of war that belong to a nation. A navy is generally supposed to be a safer and more effective means of national defence. An efficient navy is the principal source of security against dangers from abroad. There could be no safety to the inhabitants on maritime frontier without naval protection; and a navy is especially necessary to protect our commerce and navigation.

401. Congress shall have power, "To make rules for "the government and regulation of the land and naval "forces."-Art. 1, sec. 8, cl. 14.

power given to congress? § 397. What is a standing army? § 398. How does the constitution guard against the danger of standing armies? § 400. What is a navy? What is its object? § 403. For

§ 402. This power, being connected with or implied in the foregoing, is consequently exercised by congress. In pursuance of this power, and of the other powers of a similar nature, the departments of war and the navy have been established by congress.

§ 403. Congress shall have power, "To provide for call"ing forth the militia to execute the laws of the union, suppress insurrections, and repel invasions."-Art. 1, sec. 8, cl. 15.

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§ 404. To keep up a standing army, distributed throughout the union in portions of sufficient strength to be adequate to these purposes, would be both unsafe and very expensive. The provision made for these objects in this clause of the constitution, while it is safe and economical, is equally effective. In pursuance of this power, congress has by law authorized the president to call out the militia, whenever he shall judge it to be necessary, to repel invasions, or to sup. press insurrections, within the United States. This power is properly committed to the executive, as it is to be exercised upon sudden emergencies, and when the action of congress may not be had on the subject.

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§ 405. Congress shall have power, "To provide for organizing, arming, and disciplining the militia, and for gov erning such part of them as may be employed in the ser "vice of the United States; reserving to the states, respect"ively, the appointment of the officers, and the authority of "training the militia according to the discipline prescribed "by congress."—Art. 1, sec. 8, cl. 16.

8406. Uniformity in the organization, arming, and disci pline of the militia, was deemed important; and this could be effected only by intrusting their regulation to congress. But to have placed the military force under the entire control of the national officers, would have rendered the states dependent on the general government for their own defence.

§407. The law prescribes the manner in which the militia is to be organized, armed, disciplined, and governed; and

what purposes may the militia be called forth? § 404. Why is this preferable to a standing army? § 405. What power do congress and the states respectively exercise in organizing and disciplining the militia? 406. Why is this power thus divided? § 407. When is the

upon

it provides for drafting, detaching, and calling forth the quotas, or shares to be furnished by the respective states, when required by the president. The militia, when called out, are subject to the rules of war; and the law imposes a fine every delinquent, to be adjudged by a court martial composed of militia officers only, and held in the manner prescribed by the articles of war. The militia are not considered to be in the service of the United States until they are mustered at the place of rendezvous; after which the state government has no authority over them.

same.

§408. Every free, able-bodied white male citizen, of the age of eighteen, and under forty-five years, is liable to do military duty, except such as are by law exempted from the Persons exempted by the law of the United States, are, the vice president and all executive and judicial officers of the government of the United States; members and officers of both houses of congress; all custom house officers with their clerks; all post officers and drivers of mail stages; ferrymen employed at ferries on post roads; all pilots and mariners; together with all persons exempted by the laws of the respective states.

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CHAPTER XVII.

Local Jurisdiction-District of Columbia, and other National Property.

§ 409. Congress shall have power, "To exercise exclu"sive legislation, in all cases whatsoever, 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 to "exercise like authority over all places purchased by the

militia considered in the service of the United States? § 408. What persons are subject to military duty? Who are exempt?

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§ 409. Where has congress exclusive legislation? § 410. Why is

"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."-Art. 1, sec. 8, cl. 17.

§ 410. Complete and exclusive power at the seat of gov ernment, is necessary to protect the public authority from insult, and to prevent interruptions to its proceedings. The members of the general government ought not to be dependent on a state for protection in the discharge of their duties. Congress had, on one occasion, been treated with indignity and abuse; and the executive authority of the state in which that body was sitting having failed to afford protection, congress removed to another state. This occurrence may have suggested the incorporation of this provision into the consti. tution.

§ 411. The establishment of a permanent seat of government for the United States, after the treaty of peace with Great Britain, received the early attention of congress. In October, 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 simi lar purpose should likewise be erected on the Potomac, with the view of reconciling the conflicting wishes of the northern and southern states, by establishing two seats of government. In December, 1784, it was farther 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 departments.

§ 412. But the appropriation of the necessary fund for these purposes, requiring the assent of nine states, was pre vented by the southern interest. In 1790, a compromise was made, by which the friends of Philadelphia, in consider. ation of having the seat of government at that city during ten years, the time estimated to be necessary to erect the public buildings, agreed that the seat of government should be permanently fixed on the Potomac.

exclusive power necessary at the seat of government? § 411, 412. State the circumstances attending the establishment of the present seat

$413. The territory in which the seat of goverment 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 dis trict, the necessary buildings are erected for the accommo. dation of the general government, where its seat was established at the commencement of the present century. It was m view of the acquisition of this territory, that provision was made by the constitution for its government.

§ 414. 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 laws are from time to time passed by congress for the government of this district, these acts principally adopt the laws of Maryland and Virginia as the law of the several portions of the district ceded by those states respectively.

§415. It is equally necessary that congress should exercise like authority over the forts, arsenals, dock-yards, and other property of the United States. These depositories of the national armor should be exempt from the authority of the state in which they are situate. It is properly provided, that no state may be divested of any portion of its territory, without the consent of its legislature.

§ 416. 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, or for conveying him to or from any other place for trial or execution. Congress may punish those for misprision of felony, who, out of a fort, conceal a felony committed within it.

417. To give the United States exclusive legislation and jurisdiction over any place in a particular state, it must be

of government. § 413. Describe its location, name, &c. § 414. How is the district governed? § 415. Can the general government acquire territory from a state without the state's consent? $ 417. How is it obtained?