another, without a resort to war, the tendency of reprisals is
to provoke rather than to prevent war; and as the whole nation becomes
involved in a war, the power to authorize reprisals properly belongs to
the general government. Indeed it is not clear that such license ought
ever to be given. It does not appear strictly just to capture the bodies
or goods of unoffending persons, especially before war has been declared
between the two countries. But if the power to grant such license is
ever to be exercised, it ought to be vested in congress.

Sec.6. As congress has the power to declare war, it ought to have power to
make rules concerning the property captured in time of war. The general
practice is to distribute the proceeds of the property among the captors
as a reward for bravery and a stimulus to exertion. But proof must be
made in a court of the United States that the property was taken from
the enemy, before it is condemned by the court as a prize.

Sec.7. The next five clauses provide for the security and defense of the
nation. The power to declare war would be of little use in the hands of
congress, without power over the army, navy and militia. This had been
proved by experience Congress had power under the confederation to
declare war; but, as we have seen, it could not raise troops, nor compel
the states to raise them. To guard against similar difficulties in
future, power to control the public forces was placed where it can be
promptly and effectively exercised.

Sec.8. The next power of congress is, "to exercise exclusive legislation
over such district, not exceeding ten miles square, as may, by cession
of particular states, and the acceptance of congress, become the seat of
government of the United States." If the seat of the general government
were within the jurisdiction of a state, congress and other public
officers would be dependent on the state authority for protection in the
discharge of their duties. To guard the public business more effectually
against the danger of interruption, complete and exclusive power at the
seat of government is given to congress. The old congress had once, near
the close of the Revolution, been treated with insult and abuse while
sitting at Philadelphia; and the executive authority of Pennsylvania
having failed to afford protection, congress adjourned to Princeton in
the State of New Jersey.

Sec.9. It appears that the cession of this territory to the general
governmen