nevertheless, be confined to Civil actions for civil demands, or to enforce penal statutes; for they cannot hold jurisdiction of offences exclusively against the United States, as every criminal prosecution must charge the offence to, have been committed against the sovereign whose Court sits in judgment upon the offender, and whose Executive authority may pardon him.

406. In all cases where the jurisdiction of the State Courts is concurrent with that of the Federal Courts, the sentences of either, whether of acquittal or conviction, is a bar to a prosecution in the other jurisdiction for the same offence.

PART SECOND.

ON THE NATURE, EXTENT, AND LIMITATION OF THE POWERS VESTED IN THE NATIONAL GOVERNMENT, AND THE RESTRAINTS IMPOSED ON THE STATES.

407. All the powers requisite to secure the objects of the Union are vested in the General Government; whilst all such powers as are not essential to those objects, are reserved to the State Governments or to the People.

408. In all other respects the sovereignty of the individual States remains unimpaired; and the respective obligations of allegiance and protection, in reference to them are unaltered, except that, in all cases within the range of the Federal jurisdiction, the paramount obligations of allegiance and protection with respect to the General Government, necessarily

supersedes those which would otherwise have been reciprocally due to and from the several States.

409. From the nature of the case, the National and State Governments cannot be coequal; for two Governments, of entirely concurrent right and authority, cannot exist in the same society.

410. Superiority was therefore conferred on the General Government, as the Government of the whole nation, over the State Governments, or the Governments of its several parts,

411. The Constitution, in the name of the whole People, accordingly declares its own supremacy, and that of the Laws made in pursuance thereto, and of Treaties made under the authority of the United States, over the Constitutions and Laws of the several States.

412. The Powers conferred on the National Government may be reduced to different classes, as they relate to the following different objects, viz :

1st. Security from foreign danger.

2d. Intercourse with foreign nations.

3d. Maintenance of harmony amongst the States. 4th. Certain miscellaneous objects of general utility.

5th. Restrictions on the powers of the States; and,

6th. Provisions for giving efficacy to the Powers vested in the Government of the United States.

CHAPTER I.

OF THE POWERS VESTED IN THE GENERAL GOVERNMENT, RELATIVE TO SECURITY FROM FOREIGN DANGER.

413. As security from foreign danger is one of the primary objects of civil society, so it was an avowed and essential purpose of the union of the States; and the powers requisite to attaining it were effectually confided to the National Government, and consist

1. Of the Powers of declaring War, and granting letters of marque and reprisal.

2. Of making rules concerning captures by land and water.

3. Of providing armies and fleets; and of regulating and calling forth the militia; and, 4. Of the Powers of levying taxes, and of borrowing money.

414. The right of self-defence is derived from the Law of Nature; and it is the indispensable duty of civil society to protect its members in the enjoyment of their rights, both of person and property,

415. It is in virtue of this fundamental principle of every social compact, that an injury done or threatened to the perfect rights of a Nation, or of any of its members, and susceptible of no other redress, is deemed by all approved writers upon public Law, to afford just cause of war.

416. But as the evils of war are certain, whilst its results are doubtful, both wisdom and humanity require that every possible precaution should be used, and every necessary preparation made, before a Nation engages in it.

417. It was formerly usual to precede hostilities by a public declaration, communicated formally to the enemy; but in modern times this practice has been discontinued, and the Nation proclaiming war now confines itself to a declaration within its own territory, and to its own People.

418. The Power of declaring war is vested by the Constitution of the United States in Congress; without whose consent no State can engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

419. Although Congress alone, by an Act passed like other Laws, according to the forms of legislation, can of itself subject the Nation to war; yet a smaller portion of the Government is competent to restore peace; as hostilities may be terminated by a truce, which, it is presumed, the President of himself may make, and of which the duration may be indefinite; whilst Treaties of Peace are made by the President and Senate, without the intervention of the House of Representatives.

420. As the delay of making war may sometimes be detrimental to individuals who have suffered from the depredations of foreign Nations, Congress are invested with the Power of issuing Letters of Marque and Reprisal; the latter signifying a taking in return; the former, passing the frontier, in order to such taking.

421. This Power is plainly derived in all cases from that of making war; and induces, in its exercise, an incomplete state of hostilities, which generally ends in a formal denunciation of war.

422. By the Law of Nations, Letters of Marque and Reprisal may be granted whenever the subjects

of one State are oppressed and injured by those of another, and justice is denied by the State to which the oppressor belongs.

423. They are in the nature of a Commission granted by the Government to particular citizens, authorizing them to seize the bodies or goods of citizens of the offending Nation, wherever they may be found, until satisfaction be made.

424. The necessity of calling in the Sovereign Power to determine when this proceeding may be resorted to, is obvious; as otherwise every. private individual might act as a judge in his own cause, and at his pleasure involve the Nation he belongs to in war to avenge his private injury.

425. The Power of making" rules concerning Captures on Land and Water," which is superadded to the Power of declaring war, is not confined to captures made beyond the territorial limits of the United States; but comprehends rutes respecting the property of an enemy found within those limits..

426. It is an express grant to Congress of the Power of confiscating such property, as an independent substantive Power, not included in the Power to declare war.

427. When a war breaks out, the question as to the disposition of enemy's property in the country is a question of policy for the consideration of the National Legislature, and not proper for the consideration of the Judiciary, which can only pursue the Law as it is written.

428. A declaration of war by the sovereign power of one State against another, implies that the