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 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.