There was no opposition in the Convention to giving to Congress this power, but in some of the State Conventions much hostility was manifested. The Department of the of the Navy. Navy was not established till 1798; the general charge of the naval forces and the matters pertaining to naval affairs having been up to that time committed to the Department of War, which had been established in 1789. It was not till the brilliant naval achievements during the war with Great Britain that all jealousy disappeared, and the desire to make our navy equal to that of other nations was manifested by the whole nation. With such an immense sea-coast on both oceans, and with so great a commerce with all nations, the United States needs a strong naval force for the protection of our maritime interests.

The Navy Department has been, from its establishment in 1798, under the charge of a Secretary.

The officers of the Navy are as follows, with their rank corresponding to that of officers of the Army:

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Grades, in both army and navy almost identical with these were resolved on by the Continental Congress in 1776.

Until 1862 the office of Captain was the highest recognized by law. A Captain commanding two or more ships was called a Commodore by custom, and this title, when once applied to an officer, was usually con

tinued. In 1862 the offices of Rear-Admiral and Commodore were created, in 1864 that of Vice-Admiral, and in 1866 that of Admiral. By act of January 24th, 1873, Congress provided that when the offices of Admiral and Vice-Admiral become vacant the grades shall cease to exist. There are twelve Rear-Admirals and twenty-five Commodores.

Clause 14. To make rules for the government and regulation of the land and naval forces.

Rules for

Army and

The power to declare and carry on war involves that of providing armies and navies, and that of governing the forces thus raised. Rules for the government of these forces have been made by Congress in accordance with this clause. In 1806,2 an act was passed establishing the Rules and Articles of War for the government of the Army. Every officer must subscribe these articles, in number a hundred and twenty-eight; they are read to every recruit at the time of enlistment, and they are read and published every six months to every garrison, regiment, troop, or company. The Rules for the government of the Navy now in force were enacted in 1862. For minor offenses the commanding officer may inflict such punishments as reprimand, suspension from duty, arrest or confinement, none



of which shall continue longer than ten days, except a further period be necessary to bring the offender to a Court Martial. For greater offenses, both in the army and navy, a trial is held before a Court Martial, and such punishments may be inflicted as the Court may pronounce, even to the taking of life. For capital punishment and in some other cases the approval of the President is necessary. Until 1850 flogging was one of the punishments inflicted in the navy, but in that year it was abolished in the navy and on board vessels of commerce. Flogging in the army was prohibited in 1812, but in 1833 an exception was made in the case of desertion. In 1861, however, it was abolished.

1 Gillet's Federal Government, page 335. 2 April 10th.

3 July 17th.

4 August 5th.


Clause 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. Clause 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.

The Militia.


The militia are distinguished from the regular army. They are the citizen soldiers of the country, liable to be called out in cases of emergency. These clauses virtually give Congress the whole power in regard to the militia. In 1792 an act was passed "to provide for the national defense by establishing a uniform militia throughout the United States." It provided for the enrolling of "every free ablebodied white male citizen of the respective States" between the ages of eighteen and forty-five. The act of March 2d, 1867, provided for the enrolling of negroes by striking out the word "white" from the act of 1792.

A law providing for calling forth the militia in accordance with Clause 15 was passed in 1792.2 An amended act was passed in 1795, which is still in force. This law authorized the President to call out the militia, for the purposes specified, as he might judge necessary. The militia, when in the service of the United States, were to be subject to the same articles of war as the regular troops, and their time of service could not exceed three months in any one year. In 1862 this time was extended to nine months; and it was provided, if the militia had not been enrolled in any State, that the President might make all necessary rules and regulations for doing it.

Militia Called
Out in 1794.

The militia have been called out three times in the history of the country. The first was at the insurrection in the western counties of Pennsylvania, known as the "Whisky Rebellion." A portion of the inhabitants had opposed the execution of the laws imposing duties

1 May 8th.

2 May 2d.

3 February 28th.

4 July 17th.

on domestic spirits, and this opposition was at length carried so far as to render necessary the interposition of force. On the 7th of August, 1794, the President issued a proclamation commanding the insurgents to disperse, and at the same time made requisitions on the governors of New Jersey, Pennsylvania, Maryland, and Virginia, for their quotas of twelve thousand men. The number was afterwards increased to fifteen thousand. On the 25th of September another proclamation was issued, declaring the necessity of putting the force in motion. By this energetic action of the President the insurrection was quelled without bloodshed.' In his next message to Congress the President recommended a revision of the militia law, which was made in 1795.

The militia were again called out in 1812, in the war with Great Britain. In this case it was to "repel invasions."

Though the President was authorized, by act of Congress May 13th, 1846, to employ the militia, as well as the naval and military forces, and to accept the services of volunteers in the prosecution of the war with Mexico, the militia were not called The troops furnished by the several States were all volun



In 1861.

The third instance in which the militia were called out was in the war of the rebellion in 1861. The first call was by proclamation of President Lincoln on the 15th day of April, 1861, for "the militia of the several States of the Union to the aggregate number of 75,000, in order to suppress said combinations and to cause the laws to be duly executed." The President, by order dated August 4th, 1862, called for a draft of 300,000 militia to serve for nine months. And again June 15th, 1863, he called for 100,000 militia from the States of Maryland, Pennsylvania, Ohio, and West Virginia, to serve six months. Thus, in the late civil war there were three calls for the militia, as such, to the number of 475,000

1 Marshall's Life of Washington, Vol. V, Chap. viii. Pitkin, Vol. II. Chap. xxiii.


This was but a small part of the number in the service, the others being called for as volunteers, and under the act to enroll and call out the national forces. The whole number mustered into the service of the United States in the four years from April, 1861, was 2,656,553.1

Clause 17.-To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings.

District of

The district for the government of which provision is here made, was ceded to the United States by Maryland and Virginia, and accepted by Congress July 16th, 1790. Maryland made the cession of that part lying east of the Potomac in December, 1788, and Virginia the part west of the Potomac in December, 1789. The act of Congress accepting the cession provides "that a district of territory not exceeding ten miles square, to be located on the river Potomac, at some place between the mouths of the Eastern Branch and Connogochegue, be, and the same is hereby accepted, for the permanent seat of government of the United States." The precise location was to be determined under the direction of the President by commissioners to be appointed by him.2

Sessions of

The act further provided that prior to the first Monday of December of that year-1790-all the governCongress, ment offices should be removed to Philadelphia Where? from New York, where Congress was then in session, and should remain there until the first Monday of De

1 Report of Secretary of War, Nov., 1866.

2 The Continental Congress passed an ordinance Dec. 23, 1785, for laying out on the Delaware River a district not less than two nor more than three miles square.

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