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Article IX. Congress shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article; of sending and receiving ambassadors; entering into alliances, except, etc.; of establishing rules for deciding what captures on land and water shall be legal; of granting letters of marque and reprisal in time of peace; appointing courts for the trial of piracies and felonies on the high seas; for deciding controversies between the States and between individuals claiming lands under two or more States whose jurisdiction has been adjusted; of regulating the alloy and value of coin struck by their authority and of foreign coin; fixing the standard of weights and measures; regulating the trade with the Indians; establishing and regulating post offices from one State to another and throughout all the States, and exacting such postage as may be requisite to defray the expenses of the office; of appointing all officers of the land forces except the regimental; appointing all the officers of the naval forces; to ascertain the necessary sums of money to be raised for the service of the United States and appropriate the same; to borrow money and emit bills of credit; to build and equip a Navy; to agree on the number of land forces and to make requisitions on each State for its quota; that the assent of nine States shall be requisite to these great acts.
ART. IX. The United States, in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth Article; of sending and receiving ambassadors; entering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatever; of establishing rules for deciding, in all cases, what captures on land and water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated; of granting letters of marque and reprisal in times of peace; appointing courts for the trial of piracies and felonies committed on the high seas; and establishing courts for receiving and determining finally appeals in all cases of captures; provided that no member of Congress shall be appointed a judge of any of the said courts.
There are other less gruesome stories than these; for example that of the Sydney whaler Policy, which, sailing under a Letter of Marque for the Moluccas, was set upon by a Dutch private ship of war the Swift at one time a formidable and successful French privateer.
Other powers are naturally attached to this, such as the power to borrow money on the credit of the United States; to regulate foreign and domestic commerce; to coin money and fix the standard of weights and measures; to provide for the punishment of counterfeiters; to establish post-offices and post-roads; to issue copyrights and patents; to define and punish felonies committed on the high seas, and offences against the law of nations; to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; to raise and support an army and navy, and to make rules for the regulation of the land and naval forces; to provide for calling out the militia to suppress insurrections and repel invasions, and to command this militia while actually employed in the service of the United States.
It is perhaps quite needless to say that pirates are often men who are engaged in the laudable undertaking of protecting the shipping from pirates, just as admission to the bar is a sort of commercial letter of marque and reprisal. That Garibaldi was a pirate, only his enemies said. But anyway, Garibaldi and a band of twenty boys, all younger than himself, sailed away to victory or to death.
It is, indeed, a solitary phrase that slips in, perhaps as the expression of a momentary mood; one may make too much of it. More truly characteristic is the fine saying in which her Epicurean philosophy seems to stretch out towards Nietzsche: "La joie de l'esprit en marque la force."
I saw this in the paper in the library; the other girls had no access to the general daily news, or I knew there would have been shoutings of triumph over Governor Magoffin. Other governors of other States followed his example. Jefferson Davis declared in a proclamation that letters of marque and reprisal would be issued. Everything wore the aspect of thickening strife.
A letter of marque should be granted to all vessels carrying a certain number of men, empowering the commanders, under certain sureties and penalties, to exercise this power. It would be a boon to the East India ships, and ultimately a benefit to the navy. To proceed. The merchant ships of the Company are men-of-war; the men-of-war of the Company are what shall I call them?
One would like to know, too, how he treated the red spider on the Le Marque rose. The record is silent. I do not doubt he had all these insects in his winter-garden, and the aphidae besides; and he could not smoke them out with tobacco, for the world had not yet fallen into its second stage of the knowledge of good and evil by eating the forbidden tobacco-plant.
The admiral proposed to continue the voyage, but was told that the inspector James Marqué had gone on shore with eight soldiers, at which conduct he was much offended. Parties of men were sent out in different directions, but could not find him, on account of the thickness of the woods.
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