st
the law of nations." _Piracy_ is commonly defined to be forcible robbery
or depredation upon the high seas. But the term _felony_ was not exactly
defined by the laws of England, whence the common law of this country
was derived; consequently its meaning was not the same in all the
states. It was sometimes applied to capital offenses only; at other
times, to all crimes above misdemeanors. For the sake of uniformity, the
power to define these offenses is given to congress: and as the states
have no jurisdiction beyond their own limits, it is proper that congress
should have the power to punish as well as define crimes committed on
the high seas.

Sec.2. Nor were offenses against the law of nations more clearly defined:
therefore the power to define these are with equal propriety given to
congress. As our citizens are regarded by foreign nations as citizens of
the United States and not as citizens of their respective states; and as
the general government alone is responsible to foreign nations for
injuries committed on the high seas by citizens of the United States,
this power is vested in congress.

Sec.3. Congress is also properly intrusted with the power "to declare war;
grant letters of marque and reprisal; and make rules concerning captures
on land and water." It is very evident that a single state ought not to
be allowed to make war. As the people of all the states become involved
in the evils of war, the power to declare it is justly given to the
representatives of the whole nation. In monarchical governments this
power is exercised by the king, or supreme ruler. But so important a
power should not be intrusted to a single individual. The framers of
the constitution have wisely intrusted it to the representatives of
those who have to bear the burdens of the war.

Sec.4. _Marque_ means passing the frontier or limits of a country;
_reprisal_, taking in return. _Letters of marque and reprisal_ authorize
persons injured by citizens or subjects of another nation to seize the
bodies or goods of any of the citizens of such nation, and detain them
until satisfaction shall be made. To permit an individual to act as
judge in his own case in redressing his private wrongs would increase
the dangers of war.

Sec.5. Nor should a state be permitted to authorize its citizens to make
reprisals; for, although such authority is designed to enable the
citizens of one country to obtain redress for injuries committed by
those of