Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/87

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CH. XXI.]
POWERS OF CONGRESS—NAVY.
79

by a learned commentator on the laws of England, that the royal navy of England hath ever been its greatest defence and ornament. It is its ancient and natural strength; the floating bulwark of the island; an army, from which, however strong and powerful, no danger can be apprehended to liberty.[1] Every American citizen ought to cherish the same sentiment, as applicable to the navy of his own country.

§ 1192. The next power of congress is "to make rules for the government and regulation of the land and naval forces." This is a natural incident to the preceding powers to make war, to raise armies, and to provide and maintain a navy. Its propriety, therefore, scarcely could be, and never has been denied, and need not now be insisted on. The clause was not in the original draft of the constitution; but was added without objection by way of amendment.[2] It was without question borrowed from a corresponding clause in the articles of confederation,[3] where it was with more propriety given, because there was a prohibition of all implied powers. In Great Britain, the king, in his capacity of generalissimo of the whole kingdom, has the sole power of regulating

    policy, that such prospect is ultimately delusive; and that a navy has ever in practice been known more as an instrument of power, a source of expense, and an occasion of collisions and wars with other nations, than as an instrument of defence, of economy, or of protection to commerce. Nor is there any nation, in the judgment of the general assembly, to whose circumstances this remark is more applicable, than to the United States." p. 57, 58. And the senators and representatives were instructed and requested by one of the resolutions "to prevent any augmentation of the navy, and to promote any proposition for reducing it, as circumstances will permit, within the narrowest limits compatible with the protection of the sea-coasts, ports, and harbours of the United States." p. 59.

  1. 1 Black. Comm. 418.
  2. Journal of Convention, p. 221, 262.
  3. Art. 9.