ourts involves establishing them, designating the
number, appointment, and salaries of the judges, and the powers of each
court. The term of United States judges is "during good behavior." This is
fixed by the constitution (Art. III., section 1). The term of a
territorial judge is four years.

_Clause 10.--Crimes at Sea._

_To define and punish piracies[1] and felonies[2] committed on the high
seas[3] and offenses against the law of nations.[4]_

[1] Piracy is robbery at sea, performed not by an individual but by a
ship's crew. Pirates are outlaws, and may be put to death by any nation
capturing them.

[2] A felony is any crime punishable by death or state prison. Felony
covers murder, arson, larceny, burglary, etc. But congress may define
piracy and felony to cover more or fewer crimes.

[3] The "high seas" are the waters of the ocean beyond low water mark. Low
water mark is the limit of jurisdiction of a state, but the jurisdiction
of the United States extends three miles further into the ocean, and
includes all bays and gulfs.

Beyond the three-mile limit, the ocean is "common ground," belonging not
to one nation but to all. Each nation has jurisdiction, however, over its
merchant ships on the high seas, but not in a foreign port, and over its
war ships everywhere.

[4] For an outline of the Law of Nations, see page 346.

Cases arising under this clause have been placed in the jurisdiction of
the United States District Courts.

_Clause 11.--Declaration of War._

_To declare war,[1] grant letters of marque and reprisal[2] and make rules
concerning captures on land and water.[3]_

[1]: A declaration of war is a solemn notice to the world that hostilities
actually exist or are about to commence.

The power to declare war is one of the attributes of sovereignty. If this
power were in the hands of the several states, any one of them could at
any time involve the whole country in the calamities of war, against the
wishes of all the other states. With all their fear of the general
government, shown in the character of the articles of confederation, the
people in framing that instrument saw the necessity of vesting this power
in the general government.

In monarchies, the power to declare war is generally vested in the
executive. But in a republic, it would be dangerous to the interests and
even the liberties of the people, to entrust this power to the president.

To put the thought in other words, the power