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force or patronage of governments. People in the United States are willing to bow to the sway of mind. We have done with the remnants of by-gone times, when bodily strength or military prowess and skill conferred wealth, distinction, and worldly greatness, and was rewarded by privileges, caste, primogeniture, nobility, crowns," etc. But the influence of mind must not be hostile to order and established justice. Under our federal constitution are widely opened all facilities for the expansion of the mind, the availability of talent, and the culture of sciences and arts. These flourish best when not stimulated or subsidized by governments. Those which can not grow upon the broad field of liberty and under the protective shelter of a constitution like ours, are useless for society, although they may find a place among imported exotics in the luxurious conservatories of the rich, who can pay for them.

In every respect the federal constitution has been framed to make her time-proof, and therefore she keeps wisely clear of scientific ideals, speculations, Parisian fraternity, socialism, Fourierism (by-the-by a very old ism), and all similar schemes.

We have to guard her like a jewel against the rough hands of tampering, wicked politicians.

But let me stop, that you may not feel alarmed about the length of my letters.

LETTER XII.

Inferior Courts.- United States District Courts.

- Piracies. - Felonies.

Law of Nations. - Ocean Police. - Branches of the Ocean. - English Law curiosity. War.-Letters of Marque and Reprisal. Captures on Land and Water. Justice the end of Wars. - Court of Nations.-Jurisdiction of Congress. War defensive or aggressive. - Property of Neutrals.

WE lapse again for a little while into lawyer business. The constitution requires of Congress :

"9. To constitute tribunals inferior to the supreme court."

This is a necessary proviso; for the good administration of justice requires a judicious distribution of the judicial business among

INFERIOR TRIBUNALS, PIRACY, AND WAR.

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graduated courts of law, for which purpose certain judicial districts are set up, to limit the jurisdiction of the courts. we have United States circuit and district courts.

Hence

"10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations."

To the Congress belongs the jurisdiction over the vessels and the citizens of the Union upon the oceans and high seas, just as other governments exercise the same right, in regard to the vessels of their subjects, because the oceans are common for all, and therefore, the Congress has to enact all criminal, police, and other laws, concerning the ocean navigation, and crimes committed thereon. The oceans terminate where the creeks and inlets begin, included, within any county. Branches of the ocean, as the Long Island sound or East river, are under the jurisdiction of Congress, which is important in regard to ferries, buoys, lighthouses, fortifications, quarantines, harbor-line regulations, business belonging constitutionally to Congress. As our Congress, in the spirit of the constitution, has always been careful not to interfere with the jurisdiction and the business of the state governments, it has not made use of this grant in regard to offences committed on board merchant ships, lying in the waters of the United States, leaving the cognizance of such cases to the state officials. I here make you acquainted with an English law curiosity. The common law courts and the admiralty hold their concurrent and alternate jurisdiction where the tide ebbs and flows; one upon the water when it is full sea, the other (common law) upon the land when it is ebb. He who will commit a felony, and prefer common law justice must wait until the water ebbs.

You will excuse me if I am not able to tell you exactly what means the phrase, law of nations, for there is no such thing. Still certain usages, recognised from time to time by goverments of different nations as rules, have received this name.

"11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water."

If all governments would consider the realization of justice their principal aim, there would be an end to all war. But not a single government, even ours not entirely excepted, has up to this time acted upon this principle. Thus we must be prepared for war, in order to realize justice by the force of arms, if reason does not

prevail in the national councils. The friends of peace have proposed a court of nations, similar to our United States supreme court, in regard to the differences among nations; but governments, which consider their business a property right, which they may improve by conquest, never will submit their difficulties to such a court, nor obey its decisions, even if they could be enforced. The decisions of our supreme court can be enforced by the army and navy of the United States.

War may be either one of redress and punishment, or of selfdefence. We can never have a war of conquest as long as we obey our constitution. By means of letters of marque, merchantvessels are transmitted into men-of-war, to increase our naval force. Of course, all war business is, or ought to be, a part of the realization of justice on a large or national scale.

On the subject of privateering or cruisers bears the question whether private property of neutrals and others on the sea shall be free or subject to be captured or plundered by privateers or men-of-war. Our government has insisted upon it that it shall be free. But the English government has, up to this time, not consented to it. We can not give up the right of fitting out private vessels as men-of-war in time of war, but neither such vessels nor regular vessels of the navy should be made use of for the plundering of private property, as little as armies should be thus used on land, or, in other words, governments should stop fighting. If they will not cease warring, then private property on sea or land will bear the brunt, because it is impossible to prevent this by treaties.

ARMIES.

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LETTER XIII.

Armies. Appropriation of Money for them Biennial.

- The United States disliked by Monarchs. - Necessity of Protection. - Navy. Not exactly needed for the Protection of Commerce. The Hanse Towns without a Navy. - Land and Naval Forces. - Militia. Crimean War. - Serf Soldiers. Discipline. - Training of the Militia. Equal confidence in Congress as in State Governments. Christian brotherly Love. - Priests.

CONGRESS is further authorized :

-

"12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years."

The first part of this clause, compared with the following proviso concerning the navy, plainly shows that the framers of the constitution were not in favor of a standing army, the main prop of despotism and governments by inheritance. Congress shall, in case of war, raise and support armies, as many as are needed, while in the thirteenth clause the grant is to provide and maintain a navy without regard to war or time. An army requires arms and other materials, drill, and systematic organizations. Hence a war department, secretary of war, arsenals, and a number of offices and officers. Our government is, on account of its form, disliked by the property or grace-of-God governments, and, if not managed with exceeding prudence easily exposed to diplomatic intrigues and troubles, in spite of all assurances of friendship, treaties of peace to the contrary. Our polity naturally isolates us. This state of things requires due vigilance about our common defence. Congress has seen fit, from the beginning of its existence, to keep a small standing army, in virtue of this clause, for the protection of our coasts, forts, and boundaries, which may serve as a nucleus for the formation of armies in case of war. With this view the military academy at West Point has been established. Railroads, telegraphs, steam navigation, in one word, progressive Time may, however, produce frequent changes in such measures. A free people must be trained for self-defence. Military appropriations shall be biennial to keep them under the strict control of each

congressional session. Such appropriations must be unconditional, in order to avoid clogging in the public service.

"13. To provide and maintain a navy.”

The war of the revolution ushered our navy into existence. The exercise of the police over the oceans and the before-mentioned jealousy of foreign governments seems to require one. It is not so much needed for the protection of commerce as is proved by the merchant fleet of the German Hanse Towns which carries the largest amount of tonnage after that of ourselves and Great Britain, without the protection of a single man-of-war. A navy must be provided for in time; and this is the cause of a separate department, with a secretary of the navy at the head of the navy yards, and a large number of offices and officers. A naval academy is connected with it.

"14. To make rules for the government and regulation of the land and naval force."

This is a consequence of the preceding grants. As a general thing the English regulations have had much influence over this branch of the national business. Our public ships in our own waters, and wherever they sail, are under the jurisdiction of Congress. Justice, as good as mortals can have it, would save us from all war which plunge society in debt. Saltpetre would cease to be villainous. More justice and less villainy will do.

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

The militia, you see, is not such an insignificant institution as it appears to be, when mustered. It is the real strong arm of the government, and wisely placed at the disposition of the central government, when needed for the common defence and to insure domestic tranquillity.

All citizens within a certain age are by duty, their own interest, and law, obliged to fill the ranks of the militia. American mothers must be resigned to see their husbands and sons rally under the national standard. They expect their homes to be protected by them. It is their duty to nourish patriotic feelings and to share the burdens of war. A patriotic militia, thus supported, at home, is invincible. The war in the Crimea has shown the difference between free soldiers and serf soldiers. The abolition of Russian serfdom may have something to do with the improvement of the