Prizes are usually sold under authority of the United States District Court, and the proceeds divided among the crew of the ship making the capture.

The proceeds of captures on land belong to the government.

Clause 12.—­Maintenance of Armies.

To raise and support armies;[1] but no appropriation of money to that use shall be for a longer term than two years.[2]_

[1] This is another sovereign power, and would seem the necessary accompaniment of the power to declare war.  Under the confederation, however, congress could only designate the quota of men which each state ought to raise, and the actual enlistment of men was done by the several states.  Their experience in carrying on the Revolutionary War on that basis satisfied them that efficiency and economy would both be secured by vesting this power in the general government.

[2] But to prevent misuse of the power, this proviso was inserted.  As representatives are elected every two years, the people can promptly check any attempt to maintain an unnecessarily large army in times of peace.

A standing army is dangerous to liberty, because it is commanded by the executive, to whom it yields unquestioning obedience.  Armies obey commands, while citizens comply with laws.  And thus a large standing army creates a caste, out of sympathy with the lives of citizens.  More than one republic has been overthrown by a successful military leader, supported by a devoted army.

As a matter of fact, congress makes the appropriation annually.

Clause 13.—­The Navy.

To provide and maintain a navy.

The navy is necessary to protect fisheries and commerce.  And in times of war the navy is needed to protect our sea coast, to transport soldiers, to cripple the enemy’s resources, and to render blockades effectual.

It will be noticed that there is no limitation upon appropriations for the navy.  This is for two general reasons:  First, there is nothing to fear from a navy.  “No nation was ever deprived of its liberty by its navy.”  Second, it takes time to provide a navy, and it should therefore be kept at all times in a state of efficiency.

For further information about the army and navy, see page 309.

Clause 14.—­Army and Navy Regulations.

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

This is an incident to the preceding powers.

The army and navy regulations prescribe duties of officers, soldiers and seamen, and provide for the organization and management of courts martial.  Disobedience to orders and insubordination are crimes in a soldier or sailor; and refusal to pay just debts or any other conduct “unbecoming to a gentleman,” are punishable offenses in an officer.  Thus it is seen that military law takes cognizance of offenses not usually noticed by civil law.