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are, involve the whole nation in war, in seeking to redress his private injury.

Connected with the power of declaring war, is the power of making rules concerning captures. According to the law of nations, no individual has any interest in a prize, whether made by a public or private armed vessel, but what he receives under the grant of the government. The general practice is, to distribute the proceeds of the captured property, when duly passed upon, and condemned as prize, among the captors, as a reward for bravery, and a stimulus to exertion. But the courts have no power of condemnation, until the legislative will is expressly declared. The district court of the United States has cognizance of complaints in case of capture made within the United States, or within a marine league of the coast or shore thereof. It has also exclusive cognizance of all seizures on land, and on waters other than those navigable by vessels of ten or more tons burthen, within their respective districts, or on the high seas. War gives a nation the right to take the persons, and confiscate the property of its enemy, wheresoever they may be found.

The power "to raise and support armies," and "to provide and maintain a navy," is a power incident to the power of declaring war, and of providing for the common defence of the nation; and necessarily includes the power "to make rules for the government of the land and naval forces."

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It is the general policy of nations, in times of peace, to prepare for war. constant preparation for self-defence certain means of preventing the atOne of the means provided by con

is deemed the most tacks of an enemy.

Whence is the right to prizes obtained? How are they generally distributed? And when? Before what court are trials for prizes had? What rights does war give a nation? Why is a preparation

gress for the defence and safety of the nation, is a standing army. [A standing army is a large number of armed soldiers, kept constantly in pay, and ready for action, in peace as well as in war.] The standing army of the United States consists, at present, of about six thousand men, who are distributed among the several forts and arsenals. But standing armies are by many looked upon with great jealousy, as dangerous to liberty. History furnishes many instances in which nations have suffered great injury from standing armies, and have been even destroyed by them. But the distance of this continent from the powerful nations of Europe, prevents the necessity of keeping up a large and dangerous peace establishment. A navy, however, is supposed to be a safer, as well as a more effective means of national defence. [A navy means the ships of war that belong to a nation.]

With the exception of a few years, it has ever been the policy of the government to support an efficient navy. In 1801, congress ordered all the vessels, except thirteen, to be sold: those not directed to be kept in service in time of peace, were to be laid up. In 1805, so much of the act of 1803, as required a certain number of frigates to be kept in service was repealed; and the president was authorized to keep in actual service in time of peace, as many frigates and other vessels as might be necessary, and the remainder were to be laid up. A species of vessels, called gun boats, had been introduced, of which there were ordered to be built and purchased, during the period from the year 1803 to the year 1807, two hundred and seventy.

for self defence necessary? What is a standing army? How large is that of the United States? How are standing armies regarded by many? What other means of national defence exist? What is a navy? What has been the policy of the government with regard to a navy? When was this policy partially interrupted? What species of vessels was employed? What number of them

Since that period, however, the navy has received due attention, and large appropriations have, from time to time, been made for its increase.

The strength of the navy of the U. States in 1834, was as follows: 7 ships of the line, of 74 guns; 7 frigates of the first class, of 44 guns; 3 frigates of the second class, of 36 guns; 2 sloops of war, of 24 guns; 13 sloops of war, of 18 guns; and 67 schooners, of 18 guns; making in all, 41 vessels. There were then building 5 ships of the line, of which one would carry 140 guns, and 7 frig

ates.

CHAPTER XVI.

Of the Militia.

THE surest means of national defence lies in the power of congress "to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions;" and in the power "to provide for organizing, arming and disciplining the militia; and for gov erning such part of them as may be employed in the service of the United States." This power the constitution gives exclusively to congress; "reserving to the states, respectively, the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by congress."

was ordered into service? What is the present strength of the nawy of the United States?

What is deemed the surest means of national defence? How far does the power of congress on this subject extend? What is

It is doubtful whether a constitution would have beer adopted that placed the military force wholly under the orders of the national rulers. To attain uniformity in the organization and discipline of the militia, it was necessary that its regulation should be entrusted to the general government. The reservation to the states of the power to appoint officers, and to train the militia, while it left still in the hands of congress all necessary power on this subject, was deemed an essential restriction, in order to guard against the usurpation and abuse of this power by the general government.

The president is commander-in-chief of the militia. when called into the actual service of the United States: when not in actual service of the nation, the militia is commanded by the governors of the states, and subordinate officers. The president has, by law, the power to call out the militia, whenever he shall judge it to be necessary, to repel invasions, or to suppress insurrections, within the United States; and he is to be the sole judge of the existence of the emergency requiring the militia to be called into service. To those who object to thus placing the militia at the disposal of the president, it must be replied, that this power is to be exercised upon sudden emergencies, and when the action of congress may not be readily obtained. Neither is it a valid objection that the power

may be abused; for all powers, by whomsoever exercised, are susceptible of abuse. The responsibility of the executive to the people, and the watchfulness of their representatives, are deemed sufficient security against usurpation or tyranny. The militia, when called out, are

reserved to the states? Why is this division of power made? When is the president commander-in-chief? Who commands the militia at other times? Who is authorized to call out the militia? On what occasions? Why is this power given to the executive ?

subject to the rules of war; and the law imposes a fine upon 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 law prescribes the manner in which the militia is to be organized, armed, disciplined and governed; and provision is also made for drafting, detaching, and calling forth the quotas, or shares, to be furnished by the respective states, when required by the president. 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 same.

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 of both houses of congress, and their respective officers; all custom-house officers, with their clerks; post officers and drivers of mail stages; ferry-men employed at ferries on post roads; all pilots and mariners; together with all other persons who may be exempted by the laws of the respective states.

By the law of the state of New York, in addition to the persons exempted by the laws of the United States, the following persons are exempt from military duty: the lieutenant governor; members of the legislature, during the term for which they are elected, and the officers thereof during its meeting, and for fourteen days before and after each meeting; the secretary of state, attorney general, comptroller, treasurer and surveyor general, and the deputies and clerks, in their respective offices; all officers and clerks of the state and county courts; ministers and

What persons are liable to military duty'? empt by the laws of the United States?

What persons are exWhat persons are ex

empt by the laws of New York? How may persons be exempt who

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