Congress assembled, unless such State be infested by pirates, in which

case vessels of war may be fitted out for that occasion, and kept so

long as the danger shall continue, or until the United States, in

Congress assembled, shall determine otherwise.

ART. VII.--When land forces are raised by any State for the common

defense, all officers of or under the rank of Colonel shall be appointed

by the Legislature of each State respectively by whom such forces shall

be raised, or in such manner as such State shall direct, and all

vacancies shall be filled up by the State which first made the

appointment.