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 pass 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 main