Studies in Civics Part 24

_To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries._

No one denies that an author or inventor is ent.i.tled to a fair reward for what he has done. But if every one were at liberty to print the book or to make the article invented, the due reward might not be received.

The wisdom of granting this power to the general government becomes apparent when we consider how poorly the end might be secured if the matter were left to the states. A person might secure a patent in one state and be entirely unprotected in the rest.

For further information upon this subject, see pages 318-19.

_Clause 9.--United States Courts._

_To const.i.tute tribunals inferior to the Supreme Court._

Under this provision, congress has thus far const.i.tuted the following:

1. United States Circuit Courts of Appeal, one in each of the nine judicial circuits of the United States.

2. United States Circuit Courts, holding at least one session annually in each state.

3. United States District Courts, from one to three in each state. See pages 307-9.

4. A United States Court of Claims, to hear claims against the government.

Such claims were formerly examined by congress.

Although not strictly United States Courts, the following may also be mentioned here, because they were established under authority of this clause:

1. The Supreme Court of the District of Columbia.

2. A Supreme Court and District Courts in each territory.

"Const.i.tuting" these courts involves establishing them, designating the number, appointment, and salaries of the judges, and the powers of each court. The term of United States judges is "during good behavior." This is fixed by the const.i.tution (Art. III., section 1). The term of a territorial judge is four years.

_Clause 10.--Crimes at Sea._

_To define and punish piracies[1] and felonies[2] committed on the high seas[3] and offenses against the law of nations.[4]_

[1] Piracy is robbery at sea, performed not by an individual but by a ship's crew. Pirates are outlaws, and may be put to death by any nation capturing them.

[2] A felony is any crime punishable by death or state prison. Felony covers murder, arson, larceny, burglary, etc. But congress may define piracy and felony to cover more or fewer crimes.

[3] The "high seas" are the waters of the ocean beyond low water mark. Low water mark is the limit of jurisdiction of a state, but the jurisdiction of the United States extends three miles further into the ocean, and includes all bays and gulfs.

Beyond the three-mile limit, the ocean is "common ground," belonging not to one nation but to all. Each nation has jurisdiction, however, over its merchant ships on the high seas, but not in a foreign port, and over its war ships everywhere.

[4] For an outline of the Law of Nations, see page 346.

Cases arising under this clause have been placed in the jurisdiction of the United States District Courts.

_Clause 11.--Declaration of War._

_To declare war,[1] grant letters of marque and reprisal[2] and make rules concerning captures on land and water.[3]_

[1]: A declaration of war is a solemn notice to the world that hostilities actually exist or are about to commence.

The power to declare war is one of the attributes of sovereignty. If this power were in the hands of the several states, any one of them could at any time involve the whole country in the calamities of war, against the wishes of all the other states. With all their fear of the general government, shown in the character of the articles of confederation, the people in framing that instrument saw the necessity of vesting this power in the general government.

In monarchies, the power to declare war is generally vested in the executive. But in a republic, it would be dangerous to the interests and even the liberties of the people, to entrust this power to the president.

To put the thought in other words, the power to declare war belongs to the sovereign: in this country, the people are sovereign, therefore the power to declare war belongs to the people, and they act through their representative body, congress. (See pages 351-4.)

[2] These are commissions granted to private persons usually in time of war, authorizing the bearer to pa.s.s beyond the boundaries of his own country for the purpose of seizing the property of an enemy.

Sometimes such a letter is granted in times of peace, "to redress a grievance to a private citizen, which the offending nation refuses to redress." By authority of such a commission, the injured individual may seize property to the value of his injury from the subjects of the nation so refusing. But this practice is properly becoming rare.

[3] Vessels acting under letters of marque and reprisal are called _privateers_, and the captured vessels are called _prizes_.

Prizes are usually sold under authority of the United States District Court, and the proceeds divided among the crew of the ship making the capture.

The proceeds of captures on land belong to the government.

_Clause 12.--Maintenance of Armies._

To raise and support armies;[1] but no appropriation of money to that use shall be for a longer term than two years.[2]_

[1] This is another sovereign power, and would seem the necessary accompaniment of the power to declare war. Under the confederation, however, congress could only designate the quota of men which each state ought to raise, and the actual enlistment of men was done by the several states. Their experience in carrying on the Revolutionary War on that basis satisfied them that efficiency and economy would both be secured by vesting this power in the general government.

[2] But to prevent misuse of the power, this proviso was inserted. As representatives are elected every two years, the people can promptly check any attempt to maintain an unnecessarily large army in times of peace.

A standing army is dangerous to liberty, because it is commanded by the executive, to whom it yields unquestioning obedience. Armies obey _commands_, while citizens comply with _laws_. And thus a large standing army creates a _caste_, out of sympathy with the lives of citizens. More than one republic has been overthrown by a successful military leader, supported by a devoted army.

As a matter of fact, congress makes the appropriation annually.

_Clause 13.--The Navy._

_To provide and maintain a navy._

The navy is necessary to protect fisheries and commerce. And in times of war the navy is needed to protect our sea coast, to transport soldiers, to cripple the enemy's resources, and to render blockades effectual.

It will be noticed that there is no limitation upon appropriations for the navy. This is for two general reasons: First, there is nothing to fear from a navy. "No nation was ever deprived of its liberty by its navy."

Second, it takes time to provide a navy, and it should therefore be kept at all times in a state of efficiency.

For further information about the army and navy, see page 309.

_Clause 14.--Army and Navy Regulations._

_To make rules for the government and regulation of the land and naval forces._

This is an incident to the preceding powers.

The army and navy regulations prescribe duties of officers, soldiers and seamen, and provide for the organization and management of courts martial.

Disobedience to orders and insubordination are crimes in a soldier or sailor; and refusal to pay just debts or any other conduct "unbecoming to a gentleman," are punishable offenses in an officer. Thus it is seen that military law takes cognizance of offenses not usually noticed by civil law.