Article IX. The United States in Congress assembled, shall have
the sole and exclusive right and power of determining on peace and war,
except in the cases mentioned in the sixth article — of sending and receiv-
ing ambassadors — entering into treaties and alliances, provided that no
treaty of commerce shall be made whereby the legislative power of the
respective States shall be restrained from imposing such imposts and
duties on foreigners, as their own people are subjected to, or from pro-
hibiting the exportation or importation of any species of goods or com-
modities whatsoever — of establishing rules for deciding in all cases, what
captures on Isnd or water shall be legal, and in what manner prizes taken
by land or naval forces in the service of the United States shall be divided
or appropriated — of granting letters of marque and reprisal in times of
peace — appointing courts for the trial of pirates and felonies committed
on the high seas and establishing courts for receiving and determining
finally appeals in all cases of captures, provided that no member of Con-
gress shall be appointed a judge of any of the said courts.
