gress had the power of appointing courts for the trial of piracies and felonies committed on the high seas. The Constitution confers upon Congress the right not only of punishing, but of defining such piracies and felonies. It also gives to Congress power to define and punish offences against the law of nations.

§ 283. Under this clause Congress has, in different acts, enumerated various offences on the high seas which shall be treated as piracies and felonies. Piracy, by the law of nations, is robbery on the high seas, done in the spirit and intention of universal hostility. For felony, see § 157. The high seas include the unenclosed waters of the ocean which are outside of land, and also the waters on the sea-coast which are beyond the boundaries of low-water mark. Pirates have been always regarded as the enemies of the human race, and every nation has a right to attack and kill them without any declaration of war.

§ 284. Unless the acts which are declared to be piracy by the laws of the United States amount to piracy by the law of nations, they are piracy 'only when committed by a citizen of the United States, and jurisdiction over such acts belongs exclusively to the tribunals of the United States. A robbery committed at sea on board of a foreign vessel belonging at the time to subjects of a foreign State, is within the jurisdiction of such foreign State, and could not, therefore, be treated as piracy by the courts of the United States, under our acts of Congress, though it would be so treated if committed on board of an American vessel.

§ 285. Among the various offences on the high seas which Congress has declared shall be treated as piracies, are, murder or robbery on the high seas, or in any river, haven, or bay, out of the jurisdiction of any particular

State, or any offence which, if committed within the body of a county, would, by the laws of the United States, be punishable with death.

§ 286. It has further been enacted that, if any captain or mariner shall piratically run away with a vessel, or any goods or merchandise of the value of fifty dollars, or shall yield up the vessel voluntarily to pirates; or if any seaman shall by force endeavour to hinder his commander from defending the ship or goods, or shall make revolt in the ship, he shall be deemed a pirate and a felon.

§ 287. By another act it is provided that, if any person upon the high seas, or in any bay or river where the tide ebbs and flows, commits the crime of robbery in and upon any vessel, or the lading thereof, or the crew, he shall be adjudged a pirate. So if any person engaged in any piratical enterprise, or belonging to the crew of any piratical vessel, shall land and commit robbery on shore, he shall also be adjudged a pirate. The slave-trade has likewise been declared piracy.

war.

§ 288. By the law of nations is to be understood, in a general sense, those principles of justice and those usages, which define the rights and prescribe the duties of nations in their intercourse with each other, whether in peace or Violations of passports, infringements of the rights of ambassadors, disregard of treaties, and piracy, may be mentioned as illustrations of offences against the law of nations. The definition and punishment of such offences is vested in Congress, because that body represents the whole country in its national relations.

[Clause 11.] "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water."

§ 289. In England, the right to declare war and conclude treaties of peace, is a prerogative of the king. Here, the right to declare war is vested in the representative department of the government, and the right to make treaties is granted to the President, by and with the advice of the Senate. By the Articles of Confederation, (Art. 9,) Congress, with the assent of nine States, could declare

war.

§ 290. By "letters of marque and reprisal" are meant commissions granted by the government to a private individual, to seize and take the property of a foreign State, or of its citizens or subjects, as a reparation for an injury committed by such State, or its citizens or subjects, for which it has refused satisfaction. Such letters are often issued to save a resort to a declaration of war. Reprisal means a taking in return; marque means the passing of the boundaries of a country for the purpose of such taking.

§ 291. The right to make rules concerning captures on land and water, is intrusted to Congress, because it is connected with the right to declare war, and is incident to the control of the army and navy.

§ 292. Capture is the taking of property by one belligerent from another. In general, all vessels belonging to the enemy may be captured, whether they be public vessels of war, or merchant vessels belonging to individuals. The vessel or goods captured at sea are called a prize; goods taken from a public enemy on land are called booty.

§ 293. The general practice of nations is to distribute captured property among the captors, as a reward for their bravery. Where a prize is taken at sea, it must be brought into some port, in order that a competent court may inquire into the facts. It is necessary, before a title can vest in the captors, that the ship should be judicially

condemned as prize, by a prize court belonging to the country of the captor.

§ 294. By the articles of war established by Congress, the proceeds of all ships and vessels, and the goods taken on board of them, which shall be adjudged good prize, shall, when such ships or vessels are of equal or superior force to the vessel making the capture, be the sole property of the captors; and when of inferior force, shall be divided equally between the United States, and the officers and men making the capture.

§ 295. In the United States, the district courts of the United States, having admiralty jurisdiction, are the only courts authorized to try the question of prize or no prize. The decree of a prize court of competent jurisdiction is binding, not only upon the immediate parties, but upon all thers, because all who have an interest may appear and assert their rights.

[Clause 12.] "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years."

§ 296. Under the Confederation, Congress did not possess this power; it could only make requisitions upon each State for its quota, or share, in proportion to the number of its white inhabitants. The legislature of each State appointed the regimental officers, raised the men, clothed, armed, and equipped them at the expense of the United States. (Art. 9, sec. 5.) This system was found to be wholly insufficient. The States were tardy in furnishing their supplies of men, which led to numerous difficulties in carrying on the Revolutionary war.

§ 297. The Constitution, on the contrary, grants to Congress the right to raise armies directly from among the

people of the States, without any requisition upon the States themselves, and without any restriction upon the size of the armies. As large standing armies are dangerous to a nation in time of peace, and as they cannot be maintained without appropriations of money for their support, it is provided that no appropriation of money to the support of the military, shall be for a longer period than two years, though Congress may disband the army within that period, or vote supplies for even a less term. In England it is the usage of Parliament to vote the supplies annually, and such has been the practice of Congress under the Constitution.

§ 298. All enlistments in the army are voluntary, and they are required to be for the term of five years. The President has discretionary authority to discharge before the term of service has expired, but he has no power to vary the contract of enlistment, because that is fixed by act of Congress.

§ 299. The officers, non-commissioned officers, musicians and privates in the army, are required to swear or affirm "that they will bear true faith and allegiance to the United States of America, and that they will serve them honestly and faithfully against their enemies or opposers whomsoever, and that they will obey the orders of the President of the United States, and the orders of the officers appointed over them, according to the rules and articles of war."

[Clause 13.] "To provide and maintain a Navy."

§ 300. A navy is necessary to protect our commerce, navigation, and fisheries.

In consequence of repeated hostilities upon our commerce in the Mediterranean by the Barbary powers, com