ART. 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 receiving
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
prohibiting the exportation or importation of any species of goods or
commodities whatever; of establishing rules for deciding, in all cases,
what captures on land and 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 piracies
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 Congress shall be appointed a judge of any of
the said courts.
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