and a part of the conspirators executed, and a part of them sentenced to imprisonment for life. See the volumes containing the trial of the conspirators; and see the trial of Surratt. during the due? Until Congress passes laws upon the subject of war and reprisals Define the 10 private citizen can enforce such rights; and the judiciary is relations i.capable of giving them any legitimate operation. (Brown v. late rebelUnited States, 8 Cr. 1.) Story's Const. § 1177. And although lion. Mrs. Alexander had taken the oath of amnesty, while she remained in rebel territory she had no standing in court. Mrs. Alexander's Cotton, 2 Wall. 421. The cotton captured on the land by the naval forces, in a rebellious State, was not the subject of prize. See 9 Op. 524, 525; (Speed, 4-10). The Queen of England recognized the Confederates as neutrals, on the 13th May, 1861. Id. 669. The President must determine when insurrection exists. The Prize Cases, 670. His proclamation of blockade, of 19th April, 1861, is conclusive upon the courts; and neutrals were bound by it. Id. Under this very peculiar Constitution. although the citizens owe a supreme allegiance to the Federal To whom is Government, they owe also a qualified allegiance to the State in allegiance which they are domiciled. Their persons and property are subject to its laws, and they are liable to be treated as enemies. Id. 17, 220. 673. When the legislative authority has declared war, the execu tive authority, to whom its execution is confided, is bound to carry What are the it into effect; he has a discretion vested in him, as to the manner president's powers? and extent; but he cannot lawfully transcend the rules of warfare established among civilized nations. Brown v. United States, 8 Cr. 153. The Supreme Court of the State of Pennsylvania has decided that the United States conscription is unconstitutional. Judge What as to Woodward gave the decision. The following is an abstract:— conscripHe starts with the idea that the conscription levies upon, takes, and destroys the militia of the States, and in spite of the States. He shows that in 1706 and 1707 a conscription was attempted in the British Parliament, but laid aside as unconstitutional; and he reasons that our fathers, in making the Federal Constitution, never intended to give a central government power over life and liberty not found even in the British constitution. Standing armies are the jealousies of Britons. Our fathers never intended to raise them by force, independent of the States. General Washington, in suppressing the whisky rebellion of Pennsylvania, paid the most scrupulous attention to the rights, and interests, and laws of Pennsylvania. Citizens cannot be made deserters of before they have been soldiers, as the conscription act declares. "There are other features of the conscript law that deserve criticism; but not to extend my opinion further, I rest my objection to its constitutionality upon these grounds: "1st. That the power of Congress to raise and support armies does not include the power to draft the militia of the States. 2d. That the power of Congress to call forth the militia cannot be exercised in the forms of this enactment. 3d. That a citizen of Pennsylvania cannot be subjected to the rules and articles of war until he is in actual military service. 4th. That he is not placed in such actual service when his name has been drawn from a wheel, and ten days' tion? 124. 130. 130-133. What of marque and reprisal? Define marque. What is the meaning of reprisal? What is the power as to armies ? Define to raise and support. notice thereof has been served upon him." Kneedler v. Lane, The conscript laws of the Confederacy, which declared every man from seventeen to fifty years of age a soldier, were held, by a majority of the Supreme Court of Texas (under this same power) to be constitutional, Mr. Justice Bell dissenting. Paschal's Annotated Digest, notes 217-219; Ex parte Coupland; 26 Tex. 394. 119. "GRANT LETTERS OF MARQUE AND REPRISAL." This power would be incident to the power to declare war. (See Mr. Madison's Letter to Mr. Cabell, 18th Sept., 1828.) Story's Const. $1175. 120. MARQUE is, in public law, the frontier boundary of a country. And to grant" is permission to pass the frontier of a country in order to make reprisals. (See March's Letters of Marque; 1 Bl. Com. 258.) Burrill's Law Dic., MARQUE. Generally used as synonymous with "reprisal." 1 Black, Com. 258. See Halleck's International Law, 391-398; Wheaton's International Law, part 4, chap. 2, sec. 10. 121. "REPRISAL." [Reprisalia.] A retaking; taking back; recaption. The repossessing one's self of a thing unjustly taken by another. 3 Bl. Com. 4. A taking of one thing in satisfaction for another (captio rei unius in alterius satisfactionem)-frequently used in the plural reprisalia. Spelman; Loccende Jur. Mar. lib. 3, C. 5; 1 Kent's Com's 61. A taking in return; a taking by way of retaliation. Burrill's Law Dic. REPRISAL. In this case, letters of "marque and reprisal (words used as synonymous, the latter [reprisal] signifying a taking in return, the former ["letters of marque "], the passing the frontiers in order to such taking) contain an authority (grant) to seize the bodies or goods of the subjects of the offending State wherever they may be found, until satisfaction is made for the injury. (1 Black. Com. 258, 259: Bynkershock on War, ch. 24, p 182, by Duponceau; Valin, Traité des Prises, pp. 223, 321; 1 Tuck Black. Com., App. 271; 4 Elliot's Debates, 251.) Story's Const. § 1176. Halleck, 391, 393. [12.] To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years. 122. This power did not exist under the Articles of Confede ration. For discussions of the limitation and necessities of this power, see 4 Elliot's Debates, 220, 221; 1 American Museum, 270, 273, 283; 5 Marshall's Life of Washington, App., note 1; Id. ch. 3, p. 125, 126; ch. 5, p. 212-220; ch. 6, p. 238-248; 2 Elliot's Debates, 9, 285, 286, 307, 308, 309, 319, 320, 430, 438; Federalist, Nos. 23, 24-29, 41; Story's Const. § 1168-1198, 3d ed. and notes. 123. "TO RAISE AND SUPPORT," in practice, means to educate, commission, enlist, draft, conscript, feed, clothe, transport and pay officers and men. See Brightly's Digest, 55-90 and notes; 2 Id. 9-50. During peace as well as war. Story's Const. § 1186 1198. 124. "ARMIES."-Collections or bodies of men, armed for war, Define and organized in companies, battalions, regiments, brigades and armies. divisions, under their proper officers. Webster's Dic. Army. All the military in the service of the United States are called the ARMY of the United States. The power to raise large bodies of men and divide them into "ARMIES" has only been exercised three times since the formation of the government, viz.: In the war with Great 117, 118. Britain, 1812, with Mexico, 1846, and during the late rebellion. The Army of the United States consists of five regiments of What is the artillery, ten regiments of cavalry, forty-five regiments infantry, present the Professors and Corps of Cadets of the United States Military army? Academy, and the officers and men of the different departments and corps, under the control of the War Department. The ranks of the commissioned officers of this army are: General (Ulysses S. Grant); Lieutenant-General (William T. Sherman); Major-General (five); Brigadier-General (ten); Colonel; Lieutenant-Colonel ; Major; Captain; Lieutenant, first and second. 14 Stat. 332; and see the Reports of Sec. of War, 1866 and 1867; and the Army Register. At the close of the rebellion, the army consisted of over a million of men, rank and file, which had been raised by enlistment, drafts, and bounties. The power is unlimited, being an indispensable incident to the power to declare war. See Story's Const. $1178-1192, and the references; 2 Elliot's Debates, 285, 286, 307, 308, 430; Federalist, Nos. 23, 24, 25, 28. See 1 Brightly's Dig. 55-90; 2 Id. 9-50. 123. 118. 125. Congress has a constitutional power to enlist minors, in What is the the navy or army, without the consent of their parents. United power of enlistment? States v. Bainbridge, 1 Mass. 71; Case of Emanuel Roberts, 2 Hall's L. J. 192; United States v. Stewart, Crabbe, 205; Commonwealth v. Murray, 4 Binn. 487; Commonwealth v. Barker, 5 Id., 423; Commonwealth v. Morris, Phil. R 381; Ex parte Brown, 5 Cr. C. C. 554. Public policy requires that a minor shall be at liberty to enter into a contract to serve the State, whenever such contract is not positively forbidden by the State itself. Commonwealth v. Gamble, 11 S. & R. 94; The King v. Rutherford Grays, 1 Barn and Cress, 345. The act of 21st June, 1862, § 2, 12 Stat. 140, 141. 620, repealed the act of 28th September, 1850, which required the consent of parents or guardians for the enlistment of minors, since which repeal minors, between the ages of eighteen and twenty-one, may be enlisted without the consent of the parent or guardian. Follis's Case, 10 Leg. 276. But see United States v. Wright, 2 Leg. Int. 21, and Commonwealth v. Carter, Id.; Henderson's Case, Id. 187, where it is held that the act of 1802 is still in force, and that such enlistment is void. In Shirk's Case, however, a discharge under similar circumstances was refused 20 Leg. Int. 260. The oath of enlistment, though conclusive upon the recruiting officer, is not so upon the courts. Webb's Case, 10 Pittsburg, L. J. 106. Contra, United States v. Taylor, 29 Leg. Int. 284; Jordan's case, What right does war give over the citizen? 130. Define the ment. 11 Am. L. R. 749. A prisoner of war, paroled by the enemy, is not entitled to his discharge, although a minor, until exchanged. Henderson's Case, 20 Leg. Int. 181; 2 Brightly's Dig. p. 24, note. Each individual in a republic, as in a monarchy, can be required to perform military duty without his consent, if the demand is made by a proper exercise of the national will. Ex parte Coupland, 26 Tex., 394. This follows from the unrestricted power to declare war. Id. (Cites Hurd. on Habeas Corpus, 8; United States v. Bainbridge; Mass. 71; Federalist, 187.) Militia" is not synonymous with "arms-bearing men;" and it was held that when the citizens were conscripted into the "Confederate States" service (under the same clauses), they had no right to choose their officers. Id. 396, 397. When a citizen goes into the army raised by Congress, either voluntarily, or in obedience to the law requiring him to do so, he does this as a citizen, and not a militia-man. Id. 397. Paschal's Annotated Digest, 217-220, p. 88-91. For the time being, the right of the State government over him ceases. The opinion endeavors to reconcile this view with the doctrines of States Rights, and held the Confederate conscript law to be constitutional during the necessity. Id. 397–405. Mr. Justice Bell reviewed the 41st, 29th, 45th and 4th numbers of the Federalist, and denied the constitutionality of the law. Id. 405-430. This power has led to the establishment of the War Departwar department. presided over by a Secretary and Assistant Secretary of War, to which are attached the following departments, the heads of which have the rank of Brigadier-General, viz.: Adjutant-General, Quartermaster, Subsistence, Pay, Medical, Ordnance, and Bureau of Military Justice; there are four Inspectors-General, with the rank of Colonel, and also an Engineer and Signal Corps. The Chief of Engineers has the rank of Brigadier-General, and the chief signal officer ranks as Colonel of cavalry. For how long may the appropriation be? Navy? Define to maintain? 122, 123. 126. BUT NO APPROPRIATION TO THAT USES HALL BE FOR A LONGER TERM THAN TWO YEARS. Congress may vote the supplies for but one year or a shorter period, but, imperatively, no appropriation shall be for a longer period than two years. (Federalist, Nos. 26, 41; 2 Elliot's Debates, 93, 308, 309.) Story's Const. § 1188, 1189, 1190. The English Parliament is not thus restricted. 1 Black. Com. 414, 415; Tucker's Appendix, 271, 272, 379; Federalist, No. 41; Story's Const. § 1190. [13.] To provide and maintain a navy. 127. "TO PROVIDE AND MAINTAIN," in this clause, is about provide and equivalent "to raise and support," in the preceding clause. The present splendid navy of the United States, with its immortal history, is the best refutation of the arguments which were urged against this necessary branch of the service. See Articles of Confederation, Art. IX. ante p. 14. See Federalist, Nos. 11, 24, 29, 41; 2 Elliot's Debates, 319-324; Virginia Resolutions and Report, 7th and 11th Jan., 1800, pp. 57-59; 5 Marshall's Life of Washington, 523-531, Story's Const. § 1193-1198. 128. 128. "NAVY;" [Navigation-from Navis, a ship.]-"To build Define navy. and equip a navy." Articles of Confederation, ante Art. IX. p. 14. The present words are more broad and appropriate. Story's Const. § 1194. It practically means not only to build and equip, but to organize, provide, and maintain a naval department, naval school, coast survey, naval armament, merchant marine; and it is the strongest arm of our harbor defenses, as well as a powerful engine of attack and offensive warfare. 1 Brightly's Digest, 657-680; 2 Id., 315–387. 127. It is the natural result of the sovereignty over the navy of the United States, that it should be exclusive. Whatever crimes, therefore, are committed on board of public ships of war of the 110, 116 United States, whether they are in port or at sea, are exclusively cognizable and punishable by the government of the United States. The public ships of sovereigns, wherever they may be, are deemed to be extra-territorial, and enjoy the immunities from the local jurisdictions belonging to their sovereign. (See United States v. Bevans, 3 Wheat. 336, 390. The Schooner Exchange, 7 Cr. 116.) Story's Const. § 1168. This grant of power has been developed in the organization of a Navy Department, over which presides a Secretary of the Navy (at present GIDEON J. WELLES), an Assistant Secretary of the Navy, and other appropriate officers of the bureau. The ranks of the Naval officers are: Admiral, Vice-Admiral, Commodore, Captain, Commander, Lieut.-Commander, Lieutenant, Master, Ensign, Midshipman. 2 Brightly's Digest, 315, 316, 318; 14 Stat., 515, 516. [14.] To make rules for the government and regula- How to tion of the land and naval forces. govern the forces? 129. "TO MAKE RULES," in this connection, means to pre- Define to scribe the rules of conduct; that is, to enact the necessary laws make rules? "for the government and regulation of the land and naval forces." 133, 233, 240. This Congress has done by the enactment of the rules and articles of war, which are always in the hands of military and naval offi- 120-127. cers, and have become exceedingly familiar to our volunteer civilians during the late war. For these "Rules see 1 Brightly's Dig. pp. 73-83, ch. XVI. Arts. I-CL; 2 Brightly, 24-27; 2 St. 359; 12 St. 316, 330, 339, 354, 589, 595, 598, 735, 754; 13 St. 145, 356, 489. over the [15.] To provide for calling forth the militia to exe- What power cute the laws of the Union, suppress insurrections, militia? and repel invasions. 130. MILITIA.-The national soldiery of a country, as distin- Define miliguished from a standing military force, consisting of the able-bodied tia? male inhabitants of a prescribed age, who are enrolled, officered, mustered, and trained according to law, but are called into active service 234, 233. only on emergent occasions, such as to suppress insurrections and repel invasions, for the public defense. (Act of Congress, 8 May, |