Studies in Civics Part 26

10. Who may punish a pirate? Can a pirate claim the protection of the American flag?

11. Has the United States ever formally declared war? May war begin without a formal declaration? Does the president act with congress in declaring war, as in case of a law?

What protection is afforded by letters of marque and reprisal? Name some well known privateers. Tell about the "Alabama Claims," and their settlement. Upon what principle of international law did the decision hinge? See page 353.

12. With what other power is that of _raising an army_ intimately connected? That of maintaining an army? How large is the United States army at the present time? Give arguments in favor of the _militia_ system, as against that of a large standing army. What circ.u.mstances favor us in adopting the militia system? What country in Europe is most like us in this respect? Why is this possible in that country? Where are most of the officers of the U.S. army educated? How are appointments to the inst.i.tution made? By what authority has congress established it? What is a military "draft?"

Who has charge of this department of the government? Name the four highest officers in the U. S. army. For the organization of the army, see page 309.

13. Name the present secretary of the navy; the two highest naval officers. Where are most of the naval officers educated? How does the navy of the United States compare with the navies of other great powers? Why?

For organization of navy, see appendix.

14. What is the difference between military law and martial law? How are these "rules" made known? What is the source of authority in a military court? In a civil court? Is there any liability of a conflict of jurisdiction between these courts? When was flogging abolished in the army? In the navy? What punishments are inflicted by courts martial?

15. Distinguish between the militia and the regular army. Between militia and "volunteers."

16. How many regiments of organized militia in this state? Name the princ.i.p.al regimental officers. By whose authority were these appointed? Is there any "company" near you? Have you seen them drilling? Who prescribed the "tactics?"

17. Over what portions of this state has congress this "exclusive jurisdiction?" Give a brief sketch of the District of Columbia. When and by whom was slavery abolished therein?

18. Why should this be spoken of as "the sweeping clause?"

_Debate._

Resolved, That free trade should be the ultimate policy for any country.

_References._

PROTECTION.--Articles in Cyclopedias; Casey's Social Science, McKean's Abridgment; Greeley's Political Economy; Byle's Sophisms of Free Trade; Elder's Questions of the Day; Bowen's Political Economy.

FREE TRADE.--Articles in Cyclopedias; Grosvenor's Does Protection Protect?

Sumner's History of Protection in U.S.; Fawcett's Free Trade and Protection; David A. Wells' Essays; Pamphlets published by the Free Trade Club, N.Y.

A very fair statement of both views may be found in Macvane's Political Economy.

SECTION IX.--PROHIBITIONS ON CONGRESS.

_Clause 1.--The Slave Trade._

_The migration or importation of such persons[1] as any of the states now existing shall think proper to admit, shall not be prohibited by congress prior to the year one thousand eight hundred and eight, but a tax or duty may he imposed on such importation,[2] not exceeding ten dollars for each person.[1]_

[1] The framers of the const.i.tution disliked to tarnish the instrument by using the word slave, and adopted this euphemism.

At that time there was a general desire, not ripened into a purpose however, that slavery might soon cease to exist in the United States.

This clause, which permitted the continuance for a time of the slave _trade_, was a concession to North Carolina, South Carolina and Georgia.

The other states had already prohibited the slave trade, and it was hoped by all that before the time specified the abolition of slavery would be gradually accomplished.

[2] No such tax was imposed.

This provision is now obsolete, and is of interest only historically. (For further discussion of slavery, see page 343.)

_Clause 2.--The Writ of Habeas Corpus._

_The privileges of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it._

"It has been judicially decided that the right to suspend the privilege of the writ rests in congress, but that congress may by act give the power to the president." [Footnote: Lalor's Cyclopedia of Political Economy]

The privilege of the writ never was suspended by the general government until 1861. Questionable suspensions of the writ, covering a very limited territory, had been made in two or three instances by generals.

So valuable as a "bulwark of liberty" is this writ considered to be, that the courts of the United States have decided that, even in time of war, the privilege of the writ can be suspended only in that part of the country actually invaded, or in such a state of war as to obstruct the action of the federal courts.

_Clause 3.--Certain Laws Forbidden._

_No bill of attainder[1] or ex post facto law[2] shall be pa.s.sed._

[1] A bill of attainder was a legislative conviction for alleged crime, with judgment of death. Those legislative convictions which imposed punishments less than that of death were called bills of pains and penalties. [Footnote: Cooley's Const.i.tutional Limitations] The term is here used in its generic sense, so as to include bills of pains and penalties.

The great objection to _bills_ of attainder is that they are purely _judicial_ acts performed by a _legislative_ body. A legislative body may and should try a _political_ offense, and render a verdict as to the worthiness of the accused to hold public office. But to try him when conviction would deprive him of any of his personal rights--life, liberty, or property,--should be the work of a duly organized _judicial_ body.

This provision, then is directed not so much against the penalty (for limitations upon penalties are found elsewhere in the const.i.tution,) as against the mode of trial. Or we may say that it is intended to prevent conviction _without_ a trial; for in previous times legislative bodies had frequently punished political enemies without even the form of a trial, or without giving them an opportunity to be heard in their own defense, by pa.s.sing against them bills of attainder.

[2] An _ex post facto_ law is, literally, one which acts back upon a deed previously performed. But as here intended, it means a law making _worse_ such an act, either by declaring criminal that which was not so regarded in law when committed, or by increasing the penalty and applying it to the act previously performed.

But a law may be pa.s.sed making _better_, in a sense, some previous act.

That is, an unforseen but imperative necessity may call for the doing of something which is not unlawful, but which needs, yet has not received, the sanction of law. This act may _afterwards_ be _legalized_ by the legislature.

The things forbidden by this clause would, if permitted, render unsafe all those personal rights for the security of which the const.i.tution was framed and the government founded.

_Clause 4.--Direct Taxes_

_No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken._

This clause emphasizes the first sentence of clause three, section two, of this article. It was _intended_ to prevent the taxation of the _two-fifths of the slaves_ not enumerated for representation, and was evidently inserted as a concession to the slave states. But the abolition of slavery takes from the clause all force except that mentioned at the beginning of this paragraph.

No capitation tax (that is, so much _per head_) has ever been levied by the general government.

_Clause 5.--Duties on Exports._

_No tax or duty shall be laid on articles exported from any state._

This was designed to prevent discrimination against any state or section.

Though the question has never been judicially determined, it is generally understood that since anything exported must be exported from some state (or territory), this clause prohibits _all_ export duties.

_Clause 6.--Commercial Restrictions._