two years. Navies have never been subject to the same jealousy as armies, and the two years' rule does not apply to them.

The Articles of Confederation gave Congress power to agree upon the number of land forces, and to make requisitions upon the States for their quotas, which were apportioned among them according to their respective numbers of white inhabitants; but it was left to the States to raise their own quotas. The disastrous results of this system do not need again to be related.

404. Army and Navy. The Confederation bequeathed a small army to the new Government. This army has been continued to the present time, and is known in law as the "Military Peace establishment of the United States." Since 1866 it has consisted of 25,000 officers and enlisted men. At present the highest grade is major-general, but the higher grades of general and lieutenant-general have been several times created. Washington was made lieutenant-general in 1798 and general in 1799; Grant, lieutenant-general in 1864 and general in 1866; Sherman, lieutenant-general in 1866 and general in 1869; Sheridan, lieutenant-general in 1869; Scofield, lieutenant-general in 1895. The grade of general lapsed the last time when Gen. Sherman retired from the army in 1883, and that of lieutenant-general on Gen. Scofield's retirement in 1895.

A navy was created in the Revolution, but it hardly survived that war. Previous to 1798 the navy was really an adjunct of the army. Up to 1862 the captaincy was the highest rank; but in that year, in 1864, and 1866, the offices of rear-admiral, commodore, vice-admiral, and admiral were created, but the two last offices have ceased to exist. Previous to 1862 a captain commanding two or more ships was, by courtesy, called commodore, and an officer who had once acquired that title continued to wear it.

405. Rules and Regulations.-The power to make rules for the land and naval forces naturally goes with power to declare war and to maintain an army and a navy. This is also a part of the plan to keep all matters relating to war under the control of Congress and

within the reach of the people. The Rules and Articles of War are 128, and the Articles for the Government of the Navy 60 in number.

406. The Army in the Civil War.-It was under clauses 12 and 13 that the enormous military and naval forces which suppressed the Southern Rebellion were created and maintained. Congress passed several acts to give them effect. On July 22 and 27, 1861, the President was authorized to accept the services of 1,000,000 volunteers for a period not exceeding three years. On July 17, 1862, the authority of the President over the State militias was increased. On March 3, 1863, Congress passed the Enrollment Act. It included in the National forces all able-bodied male citizens of the United States, and persons of foreign birth who declared their intention to become citizens, between the ages of 20 and 45 years, with exceptions. It divided the country into districts, and located in each one an enrollment board. All persons so enrolled were declared subject for two years to be called into military service from July 1, 1862, and to continue in the service for three years. A drafted man was allowed to furnish an acceptable substitute, or pay a commutation of $300, and be discharged from further liability under that draft. An act approved February 24, 1864, was still more efficient. The excepted classes were reduced in number; the commutation clause was repealed; and the rule in regard to substitutes made more stringent. On July 4, of the same year, Congress gave the President authority, at his discretion, to call at any time for any number of volunteers for the terms of one, two, or three years. These several acts provided pay for soldiers and bounties for volunteers, regulated the quotas of towns, cities, wards, and precincts, and created a vigorous drafting machinery. The strength of the regular army was also increased. During the Rebellion the President called for 2,763,670 men; the country furnished 2,859,132, or, reduced to a three years' standard, 2,320,272.1

XII. THE MILITIA.

Section 8, Clause 15.-To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.

Section 8, Clause 16.-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, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.

407. Laws Concerning the Militia.-The military. force of the United States is divided into two classes: the 1 Phisterer: Statistcal Record of the Armies of the United States, p. 10.

regular troops, or the standing army, and the militia. The militia are the citizen-soldiers, enrolled and organized for discipline, but called into active service only in cases of emergency. These two clauses give Congress as full control over the militia, for the purposes specified in the first one, as the previous clauses give it over the regular army.

In 1792 Congress passed an act to establish a uniform militia throughout the United States. A more complete law, enacted in 1795, authorized the President, as he might think necessary, to call out the militia for the purposes named in Clause 15. This law is still in force, and it was under its provisions that President Lincoln took the first steps to suppress the Rebellion. Still further legislation concerning the militia was had in 1862. This law directed the enrollment in the militia of every able-bodied male citizen of the respective States who is of the age of 18 and under 45. The President is authorized to provide for the enrollment of the militia, if the States neglect to do so. Practically, however, the matter is left to the States. While in active service, the militia are paid the same as the regular troops and are subject to the same rules. Before 1862 they could not be required to engage in active service more than three months in a year, but the law of that year extended the time to nine months.

408. The Militia Called into Service.—In three emergencies the President has found it necessary to call the militia of certain States into active service: in 1794 to enforce the revenue laws and suppress the Whisky Insurrection in Western Pennsylvania; in the war of 1812, to repel invasion; and in the Civil War, to suppress insurrection. In the last instance three several calls were made: April 15, 1861, for 75,000 men; August 4, 1862, for 300,000; June 15, 1863, for 100,000.

XIII. THE DISTRICT OF COLUMBIA.

Section 8, Clause 17.-To exercise exclusive 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 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.

409. Power to Establish a Capital.-Before the year 1800 the United States had no proper capital. Congress

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sat at different places, as circumstances required. ous to 1783 Philadelphia was the place of meeting, except when it was threatened by the British troops or was in their possession. In June of that year some mutinous soldiers surrounded the building where Congress was in session, subjecting the body to gross insults, and, as the State authorities did not furnish the needed protection, Congress hastily adjourned to Princeton. Congress often discussed the establishment of a Federal City, and even selected a site on the Delaware, but nothing came of this action. With the foregoing facts fresh in mind, the Federal Convention naturally gave Congress power to establish a seat of Government, over which it should have exclusive jurisdiction.

410. District of Columbia Ceded.-Maryland, in 1788, and Virginia, in 1789, together offered to cede a Federal District on the Potomac, and Congress, in 1790, after a violent contest, accepted these cessions. Congress merely specified that the District should lie between the mouth of the eastern branch of the Potomac and the mouth of the Connogochegue, leaving the precise location to the President acting through commissioners. The commissioners located and named the district, and gave the new capital its name. Time proved that the part lying on the right bank of the river was an encumbrance rather than an advantage, and in 1846 it was re-ceded to Virginia. The original District of Columbia contained 100 square miles; the present one contains somewhat less than 70.

After 1785 the Old Congress sat in New York, and that city con. tinued the seat of government until 1790, when it was removed to Philadelphia. In 1800 Congress and the Executive and Judicial Departments removed to Washington.

411. Government of the District.-The control of Congress over the District is absolute. In 1871 a Territorial government was established, with a Governor and a council appointed by the President and Senate, and with a house of delegates and a delegate to Congress elected

by the people. This government not proving successful, it was abolished in 1874. At present the District is governed by a board of three commissioners, two of whom are appointed by the President and Senate for three years; the third is an officer of the Engineers of the army detailed by the President. The commissioners appoint all municipal officers; Congress pays one-half the expenses of the local government, and the property owners the other half. The ballot is unknown, and the people have no political rights whatever.

412. Forts, Magazines, Etc.-Congress should have jurisdiction over forts, magazines, ship-yards, etc., for the same reason that it should have jurisdiction over the seat of government. Still the States, in ceding jurisdiction of the land that Congress buys for these purposes, commonly reserve the right to serve the processes of their own courts, warrants and the like, in these places. This prevents such places becoming asylums for law-breakers. These processes are served also in the post-offices and custom-houses.

XIV. POWER TO MAKE NECESSARY LAWS.

Section 8, Clause 18.—To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.

413. Doctrine of Implied Powers. It has been fully explained in Chapters XII., XIII., that the Federal Government is one of delegated and not of inherent powers; also that some of these powers are delegated expressly, or in words, others by implication, or by inference. It was also shown that implied powers are inseparable from a written constitution. Accordingly, it has been held that the clause just quoted is in no way essential to the Government. Mr. Hamilton said that the constitutional operation of the Government would be just the same if this clause were obliterated as it would be if it were repeated in every article ; "since it is only declaratory of a truth which would have resulted by necessary and unavoidable implication from the very act of constituting a federal government and vesting