6.- RULES FOR ARMY AND NAVY.

§ 20. Nothing need be said to vindicate the policy and necessity of vesting in Congress the power to make rules for the government and regulation of the land and naval forces. It naturally follows the power to raise and support armies, and to provide and maintain a navy. This clause was not in the first draught of the Constitution, as appears from the Madison Papers; but it was afterwards inserted as an amendment, without opposition.

66

7.- THE MILITIA.

§ 21. The next power of Congress to be considered is that of 'providing for, organizing, arming, and disciplining the militia." The country could not safely rely solely on its standing army for any and every emergency that might arise. The Constitution, therefore, gives Congress jurisdiction over the militia of the several States, and this power of providing for, organizing, arming, and disciplining them, as incidental to that jurisdiction. The States have the appointment of the officers over, and the training of, the militia, as we shall see when we come to treat of the rights of States; but this must be done as directed by Congress.

§ 22. Congress is authorized also to make provision for governing such part of the militia as may be employed in the service of the United States. Rigid discipline and government have always been found necessary in the army, whether constituted of regulars or militia. This government must be uniform to be salutary. To be uniform, it must emanate from a single source. It would not do, therefore, to leave the government of the militia in the employ of the nation in the hands of the several States in which they might enlist.

§ 23. There are three purposes for which Congress may provide for calling forth the militia of the several States :

First, To execute the laws of the Union;

Second, To suppress insurrections;

Third, To repel invasions.

The organization of the militia is maintained at an expense comparatively trifling when the advantages to the country are considered.

peace.

It saves the immense cost of a large standing army in time of The nation must have the means at its command for carrying on a foreign war, as well as for maintaining its authority at home; and the following reasons favor the militia system:

:

1st. Recent experience has demonstrated that but a few months of discipline are necessary to insure bravery, courage, and fortitude, in the field of conflict, on the part of the militia. They have crowned themselves with immortal honor, and have added unfading luster to the national reputation.

2d. An agricultural, manufacturing, and commercial community like ours will be unlikely to become involved in long and expensive wars at home or abroad. But few instances in our history have occurred when it has been necessary to call forth the militia of the several States in any considerable numbers and for any great length of time. Our history, thus far, has proved that it is more economical to keep up an extensive militia organization of the States than to keep a large standing army in the field.

3d. The President of the United States is commander-in-chief of the army and navy at all times, and of the militia of the several States when called into actual service of the government. He can not call forth the militia except under provisions made by Congress. Various acts of Congress have been passed, at different times, defining the emergencies under which the President may call forth the militia. He is to be sole judge of the necessity to call them forth. At the close of the late Rebellion, 1865, over one million of the militia were mustered out of service within a few months, and returned to the industrial pursuits of the country.

§ 24. It is believed that the standing armies of the world are now larger than they have been at any time since the great wars of the first Napoleon. The army of the United States now numbers nearly fifty-five thousand men. The annual cost of our army at present is nearly one hundred million dollars.

The army of France has been fixed at seven hundred and fifty thousand men in the "active army, and five hundred and fifty thousand in the "passive;" the latter being called "the National Guard Mobile." Total, thirteen hundred thousand men available

for war. A contingent of one hundred thousand men is annually. available to recruit the army.

The British army numbers about two hundred thousand men, the larger part of which is at home; Ireland alone absorbing about twenty-five thousand troops.

The Prussian army numbers about six hundred thousand men. The Italian army now numbers about two hundred and fifteen thousand, and is one of the finest in the world.

The Austrian army numbers about seven hundred thousand men. Its cavalry is very superior. The government raises its own horses, and thus secures the very best animals for service.

The Russian army numbers about eight hundred thousand men ; and it could readily be increased, in case of war, to twelve hundred thousand. It is spread all over the empire, from the Baltic to the Caucasus.

The Spanish army is small, not exceeding eighty thousand men ; but it is generally in excellent condition, and supplied with the best arms to be procured.

The number of men maintained in the standing armies of civilized nations is not less than thirty-six hundred thousand. All these vast numbers are snatched away from the pursuits of useful industry, and condemned to idleness and a vicious life; while the laboring masses are tasked for their support, and for the costly armaments they require.

1. To constitute tribunals inferior to the Supreme Court. 34. 2. To determine by law where the trials for crimes shall be held which are not committed within any State. 68. 3. May make exceptions and regulations in cases over which the Constitution gives the Supreme Court appellate jurisdiction. 67.

§ 1. The Constitution establishes a Supreme Court; but it is left with Congress to organize that tribunal. The power is vested in Congress to establish tribunals inferior to the Supreme Court; and, as these tribunals constitute a part of the national judiciary, they will

be considered in the chapter relating to that department of the government. This article is inserted here for the purpose merely of classifying the subject of it among the powers of Congress. Theso inferior tribunals consist of circuit and district courts.

§ 2. Congress has the power to determine by law where the trials of crimes shall be held which are not committed within any State. Although crimes committed within any State are to be tried in the State where they are committed, yet they may be committed on the high seas, or within the limits of unorganized Territories. This clause of the Constitution gives Congress the power to provide for such cases.

§ 3. The appellate jurisdiction of the Supreme Court is subject to such exceptions and regulations as Congress shall, from time to time, establish by enactment. This power will be noticed in treat

ing of the judiciary.

ART. IX.-NATURALIZATION.

To establish a uniform rule of naturalization. 29.

§ 1. Naturalization is that legal process by which an alien or a foreigner becomes a citizen of the United States. Congress has exclusive control over this subject. Under the Confederation, this power did not belong to Congress, but to the States. In the Constitutional Convention, there was no opposition to giving it to Congress. Distributed among the several States, under the Confederation, it had been a source of great embarrassment, on account of the different conditions for naturalization required by the different States.

§ 2. An alien is one who is born in a foreign country. This definition does not apply to children born in foreign countries, whose parents are citizens of the United States, and are temporarily absent on the public business of the United States. Such children are considered as native-born.

§ 3. Under the Confederation, New York might require ten years' residence of an alien before he could become naturalized; Pennsylvania might require six years, New Jersey three, and Con

necticut one. Yet if a foreigner became naturalized in Connecticut, where but one year's residence was required, he might remove to New York in a year or two after naturalization, and claim all the privileges of citizenship in the latter State. For the free inhabitants of each State were entitled to all the privileges and immunities of free citizens in the several States." Thus a citizen of any State was a citizen of any other State in which he might become a resident.

§ 4. Congress, having the whole control of this subject under the Constitution, passed a law in 1790 requiring two years' residence before a foreigner could become naturalized. In 1795, the act was amended, requiring five years' residence. In 1798, the period was extended to fourteen years: but it was reduced in 1802 to five years; since which there has been no alteration as to time, except with regard to soldiers. A soldier, having served one year in the Union army, and having obtained an honorable discharge, may become a citizen of the United States on making oath to these facts, and taking the oath of allegiance to our government.

§ 5. At any time after a foreigner has become a resident in this country, he may make his declaration of intention on oath, before a court of competent jurisdiction, to become a citizen of the United States. The following is a declaration of intention now on file in the clerk's office for the county of Monroe, New York:

I, Patrick Flannigan, of the city of Rochester, Monroe County, New York, do declare, on oath, that it is my bonâ-fide intention to become a citizen of the United States, and to renounce for ever all allegiance and fidelity to every foreign prince, potentate, state, and sovereignty whatever, and particularly to the sovereign of Great Britain, of whom I am a subject.