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

12. To provide and maintain a navy;

13. To make rules for the government and regulation of the land and naval forces; *

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

15. To provide for organizing, arming, and disciplining the mi litia, and for governing such part of them as may be employed in the service 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;

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16. To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of

into the enemy's country.-Trials of Smith and Ogden. See Brightly's Fed. Digest, vol. i., p. 848.

(c.) If a hostile power, either from without or within our territory, shall assail and capture our forts, and raise armies to overthrow our government and invade its soil, &c., the President is bound to use the army and navy to carry on a war effectively against such an enemy, both by sea and land. The manner in which these forces are to be used is left to the discretion of the President, under the usages and principles of civilized warfare.--The Amy Warwick, 2 Sprague, 134-5.

(d.) The conditions of peace and war, public and civil, in a legal sense, must be determined by the political department of the government, and the courts are bound by that decision.-United States v. Probasco, 11 American Law Reports, 419.

(e.) Congress is not deprived of the power to make war, to suppress insurrection, to levy taxes, and make rules concerning captures on land and sea, when the necessity for their exercise is called out by domestic insurrection and internal civil war, instead of by foreign war.-Tyler v. Defrees, 11 Wallace, 331.

The power to make rules and regulations for the army delegated to the secretary of war, acting under the direction of the President. See Chap. v.

5 MILITIA. For general provisions made for calling out the militia see Chap. xxv., ¶¶801-820; and for its employment in enforcing the Constitutional Amendments (13th, 14th and 15th) see Chap. xxvii., ¶ 892, 896, 903, and notes 13 and 18 a.

THE ARMY, under act of 1807, may be employed in all cases where it is lawful to employ the militia, and under like restrictions.-Chap. xxvii., ¶ 870.

6 By acts of March 5, 1792, May 28, 1798, and March 2, 1799, the President was authorized to appoint officers of volunteer forces in service of the United States; and by the act of June 22, 1798, these appointments were to be confirmed by the Senate. Mr. Story (Const., vol. xi., 1192) says that "this exercise of power was complained of at the time as a virtual infringement of the constitutional authority of the States in regard to the militia."

During the war of 1812-15 this power was, however, again exercised in acts of July 6, 1812, and February 24 and March 30, 1814; and by the 21st section of act last cited the volunteers were so entirely withdrawn from State control as to become in fact a part of the regular establishment-their officers becoming "entitled to promotion in the line of the army." By act of March 3, 1847, the President appointed officers for such volunteers as were re-enlisted in Mexico.

(a.) By an act of March 3, 1791, the President was authorized "to employ troops under the denomination of levies, in addition to, or in place of, the militia, which, in virtue of the powers vested in him by law [the Constitution], he is authorized to call into the service of the United States;" and, by sec. 9, of same act, he is "alone to appoint the commissioned officers thereof, in the manner he may deem proper." During the late rebellion, the appointment of officers of volunteers was reserved to the States; but an officer once mustered into United States service could not be displaced by the State executive. See Chap. xx., note 4.

particular States,' and the acceptance of Congress, become the seat of 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, dockyards, and other needful buildings; and,

17. 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.

SECTION 9.

1. The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.

3. No bill of attainder or ex post facto law shall be passed.

4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

5. No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another: nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another.

6. No money shall be drawn from the treasury, but in conse

7 The act of February 21, 1871, chap. 62, provides a government for the District of Columbia, with a governor, secretary, and legislative assembly, to consist of council and house of delegates. For municipal purposes, it is a corporation, and for many other purposes a territorial, or inchoate State government.

Territory over which exclusive jurisdiction has been ceded to the United States is subject only to laws of Congress.-United States v. Ames, 1 Woodbury & Minot's Reports, 76.

The United States has exclusive jurisdiction over offenses committed therein, notwithstanding any reservation by the State of concurrent jurisdiction in executing process therein, for offenses committed without such reservation.-United States v. Travers, 2 Wheeler's Criminal Cases, 490; United States v. Cornell, 2 Mason's Reports, 91 and United States v. Davis, 5 Mason, 356.

:

State jurisdiction is not abrogated by a simple purchase of land for public purposes, but when the legislature consents to such purchase the State jurisdiction is ousted.United States v. Cornell, 2 Mason, 60; and United States v. Ames, 1 Woodbury & Minot, 76.

See "MILITARY RESERVATIONS," Chap. xxiv.

quence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

7. No title of nobility shall be granted by the United States, and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

SECTION 10.

1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque or reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.

2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

ARTICLE II.

SECTION I.

1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows:

2. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number

9 But, unquestionably, a State may use its military power to put down an armed insurrection, too strong to be controlled by the civil authority. The power is essential to the existence of every government, essential to the preservation of order and free institutions, and is as necessary to the States of this Union, as to any other government. The State itself must determine what degree of force the crisis demands. -Luther v. Borden, 7 Howard, 45.

of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

3. The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for, each; which list they shall sign and certify; and transmit sealed to the seat of the government of the United States, directed to the president of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for President; and if no person have a majority, then from the five highest on the list, the said house shall, in like manner, choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote: a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the VicePresident. [See 12th Amendment.]

4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

5. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office, who shall not have attained to the age of thirtyfive years, and been fourteen years a resident of the United States.

6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may, by law, provide for the case of removal, death,

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resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emoluments from the United States, or any of them.

8. Before he enter on the execution of his office, he shall take the following oath or affirmation.

9. "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States."

SECTION 2.

1. The President shall be commander-in-chief" of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States"d; he may

10"The only evidence of a refusal to accept or of the resignation of the office of President, or Vice-President, shall be an instrument in writing, declaring the same, and subscribed by the person refusing to accept or resigning, as the case may be, and delivered into the office of the secretary of state."-Sec. 11, March 1, 1792, chap. 8. 11"No act of Congress, no act even of the President himself, can, by constitutional possibility, authorize or create any military officer not subordinate to the President." -7 Opinions, 465.

(a.) The President's power to control an officer in the exercise of his official functions, can extend only to cases in which the executive order would by law justify the action of such officer.- United States v. Kendall, 12 Peters, 524.

(b.) "By the Constitution the President is made commander-in-chief of the army and navy of the United States. The departments of war and of the navy are the channels through which his orders proceed to them respectively, and the secretaries of these departments are the organs by which he makes his will known to them. The orders issued by those officers are, in contemplation of law, not their orders, but the orders of the President of the United States."-1 Opinions, 380. See also Chap. ii., second paragraph of note 1.

(c.) "The lawful will of the President may be announced, and an act in the authority of the President be performed, not merely by a head of department, but in the second or other degree of delegation, by some officer subordinate to such head.”—7 Opinions, 473.

He may

(d.) The President need not assume personal command of the militia. place them under the command of army officers to whom, in his absence, he may delegate his constitutional powers. It may be indispensable that officers of the army be required to serve in the militia; as, for example, when vacant offices are not immediately filled by the States, or where the militia officers are absent or disabled. It must be remembered, however, that this power must be exercised in accordance with the reserved rights of the States to officer their quotas.-2 Opinions, 711. There has, however, never been a judicial decision upon this important question, and during the war of 1812-15 several of the States declared that their militia were exclusively under the command of their own officers, and subject only to the personal command of the President. See Story on the Const., vol. xi., 12, 15.

See "CALLING OUT THE MILITIA," Chap. xxv., ¶¶ 801-812.