Arkansas and Texas. New Hampshire has held, "that the doctrine of non-resistance against arbitrary power and oppression, is absurd, slavish, and destructive of the good and happiness of mankind."-Ibid. For the right of revolution, see the Federalist, No. 32, p. 168. Kent's Comm. vol. 1, pp. 22, 23, 24, 25, and pp. 208, 209; Vattel's Law of Nations, Book 1, chap. 4, p. 18; and 1 Blackstone, marginal page 245, top page 184 The States of New Hampshire, Vermont, Massachusetts and North Carolina have retained in their constitutions a religious test. We copy the following from the constitution of North Carolina.-Constitution 1776. "No person who shall deny the being of God, or the truth of the Protestant religion, or the divine authority of either the Old or New Testaments, or who shall hold religious principles incompatible with the freedom and safety of the state, shall be capable of holding any office, or place of trust or profit, in the civil department within this state."-Ibid. The following provision is in the constitution of North Carolina (Con. 1776): "No clergyman, or preacher of the gospel of any denomination, shall be capable of being a member of either the senate or house of commons, or council of state, while he continues in the exercise of his pastoral function."-Ibid. The following is held in Massachusetts; the governor shall "declare himself to be of the Christian religion." The following states have held in their constitutions, that no religious test shall be required as a qualification to any office, or public trust, Delaware, Tennessee, Indiana Illinois.-Constitution 1818. Texas, Iowa, Wisconsin, New Jersey, Alabama, and Minnesota. In some states there. is a property qualification for voting and holding office. In Mississippi there is a constitutional provision that "no property qualification for eligibility to office, or for the right of suffrage, shall ever be required by law in this state." This was so in 1848. In Iowa, Wisconsin, California, it is provided, that no distinction shall ever be made by law between resident aliens and citizens, in reference to the possession, enjoyment, or descent of property." The times when the terms of state, county and town officers shall commence are provided in the state and constitutional laws of the several states, as well as the manner of filling vacancies in said offices. So the officer to whom resignation of office shall be tendered depends on the constitutions and laws of the several States. In Minnesota, it is provided in the constitution, that the governor shall fill vacancies "in the office of secretary of state, treasurer, auditor, attorney general, and such other state and district offices as may be hereafter created by law, until next annual election, and until their successors are chosen and qualified."-Sec. 4, Art. 5, Con. Minn. "In case the office of any Judge shall become vacant before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the Governor until a successor is elected and qualified. And such successor shall be elected at the first annual election that occurs more than thirty days after the vacancy shall have happened."-Sec. 10, Art. 6, Con. Minn. 9 Minn. 283. Consequently the above officers shall tender their resignation to the Governor. The following provision is in the constitution of some states: "The Governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature." For certain purposes, a state is a corporation.-Abbot's Digest, vol. 5, p. 76. When a State is sued process shall be served on the "Governor, or chief Executive magistrate, and the Attorney General of such state." Rules and orders of the Supreme Court of the United States, Aug. 12, 1796. From the foregoing commentaries it can be seen that the states can establish any form of government not anti-Republican in form, and not repugnant to the constitution of the United States, and laws of Congress made in pursuance of the constitution of the United States, and the treaties

of the United States.-Gibbons v. Ogden, 9 Wheaton 1. Worcester v. The State of Georgia, 6 Peters 515. The municipal regulations of a state are not binding on the United States.-Palmer v. Allen, 7 Cranch 550. The state cannot tax the constitutional means employed by the general government to execute its constitutional powers.-McCulloch v. The State of Maryland, 4 Wheaton 316. A state cannot tax the property of the United States. -Opinions Atty. Gen. 1 vol. pp. 101-2; 7b. 469.-1b. 486-7. It is provided by act of Congress, in virtue of the Constitution of the United States, that "all the members of the several state legislatures, and all executive and judicial officers of the several states," shall take an oath to support the constitution of the United States, etc.-Brightly's Dig. 706.

THE TERRITORIAL GOVERNMENT.

The

It has been the policy of the United States to organize new territories out of the vast public domain, by an act of Congress, called the organic act, providing a temporary government for such territory. A governor and secretary are appointed by the President of the United States, for 4 years unless sooner removed by the President of the United States. The legislative power is vested in the governor and "a Legislative Assembly." The assembly is composed of two houses, a Council and House of Representatives. Previous to the first election, the governor orders a census of the inhabitants of the territory. The territorial legislature can pass all acts extending to all rightful subjects of legislation, consistent with the constitution of the United States and the provisions of the organic act.-Minn. Statutes, p. 17. The legislature has power to organize counties and townships. All the laws passed by the legislative assembly and governor shall be submitted to the Congress of the United States, and if disapproved, shall be null and of no effect.-Ibid. 17. The judicial power or the territorial government is vested in a Supreme Court, District Courts, Probate Courts, and justices of the peace. Supreme Court consists of a Chief Justice and two associate justices. The territory is divided into three Judicial Districts. One of the Judges of the Supreme Court shall hold a court in each district. An appeal lies from the district courts to the supreme court of the territory; and an appeal lies from the supreme court of the territory to the supreme court of the United States. An attorney and a marshal are appointed for four years for such territory. Congress provides the manner of taking oath of office by the territorial officers. The governor, secretary, chief justice, and associate justices, attorney and marshal, shall be nominated, and by and with the advice and consent of the Senate, appointed by the President of the United States. The President of the United States is the proper officer to whom the governor and secretary, judges, attorney and marshal shall tender their resignation.-Opinions of the Attorneys General of the United States, vol. 2, pp. 883-4-5-6-7, and vol. 1, pp. 475, 607. A delegate to Congress is elected by the qualified voters entitled to vote for members of the Legislative Assembly. It has been the policy of Congress to pass an act authorizing the inhabitants of a territory to form a state government. It is provided in said act for calling a state convention to form a constitution and state government to be submitted to the people for ratification. The marshal shall take the census of the inhabitants of the proposed state. Said state shall be entitled to one representative to Congress; and such additional representation as the state may be entitled to. Provisions are made in the constitution for the time and manner of electing state officers; the qualification of voters at the first

election; and the manner of submitting the constitution to the people for adoption or rejection. It has been the policy of Congress to extend "all the laws of the United States which are not locally inapplicable" to the New States.-5, Statutes at Large, 788. The new constitution is then submitted to Congress when an act of Congress is passed admitting the new state into the Union on equal footing with the original states.-Opinions of Attorneys General U. S. vol. 2, pp. 14, 19-20, vol. 1, pp. 101-2, and vol. 2, pp. 1006-7-8-9-10. "Foreign-born child. In the absence of any law of the United States governing the particular case, the question, whether one born out of the United States is a citizen, is to be determined by the common law, as it existed, irrespective of English statutes, at the adoption of the Federal constitution."-Court of Appeals, 1863, Ludlam v. Ludlam, 26 N. Y., 356. "If it be conceded that a citizen of the United States can renounce his allegiance without the consent of the government, he cannot do this until he becomes a citizen under some other government, and this he is not competent to do until he arrives at full age."-Ibid. "Therefore, where a citizen of the United States went to Peru at the age of eighteen years, with the intention of indefinite continuance there for the purpose of trading, but took no steps to be naturalized in Peru, or to indicate an intention of a permanent change of domicile, otherwise than as before stated, held that his child born to him in Peru of a wife the native of that country, was a citizen of the United States." Ibid.-Abbott's New York Dig. vol. 7, page 129. "The legislature of this state possesses the whole legislative power of the people, except so far as they are limited by the Constitution. In a judicial sense, and so far as the courts are concerned with its application and construction, their authority is absolute and unlimited, except by the express restrictions of the fundamental law."-Court of appeals, 1863. Bank of Chenango v. Brown, 26, N. Y. 467; Ibid. 529; Supreme court, 1864 Clarke v. Miller, 42 Barb. 255; Luke v. city of Brooklyn, 43 Ibid. 54. child of a naturalized alien. By the act of Congress of April 14 1802, minor children of any parent duly naturalized, and who, at the time of such naturalization of the parent, resided within the United States, are entitled to all the privileges of citizens, immediately on attaining majority. -8, Page 443, N. Y. Com. Pleas Special Term, 1861. Matter v. Morrison 22 Howard, Pr. 99.

REGULATION OF COMMERCE.-NAVIGATION.

"A

The power to regulate pilotage is included in the power to regulate commerce conferred upon Congress by the Constitution of the United States.9 Wheaton 1, 10 Peters 108; 11 Ibid. 159, 7 Howard U. S. 283; 12 lbid. 317. And laws and ordinances of a state which conflict with the regulations of an act of Congress, must yield to it.-11 Peters, 158, N. Y. Superior Ct. 1860, Cisco v. Roberts, 6 Bosworth, 494.-Abbotts, N. Y. Dig. vol. 6, p. 117. Restrictions upon the states, retrospective laws, which do not impair the obligation of contracts, or affect vested rights, or partake of the character of ex post facto laws, are not prohibited by the Constitution.”—3 Dall. 386, 36 Me., 9, Supreme Ct. 1862, Bay v. Gage, 36 Barb. 447.

STATES OF THE UNION DEEMED CORPORATIONS.

The individual states having submitted their interfering territorial claim to the judiciary of the United States, are, in respect to those rights, to be deemed to have ceded their sovereignty to the United States, and to be, so far considered as corporations; and the right of a state to grant lands so situate, must be judged by the same rules of common law as the rights of

persons; so that a conveyance of the lands, if adversely held, is void.-Ct. of Errors, 1800, Woodworth v. James, 2 Johnson's cases, 417; Supreme Court, 1800, Whitaker v. Cone 1b. 58; Belding v. Pitkin, 2 Caine, 147. "Though the parties of one part to a contract are foreigners, and the contract is made without the state, if it is performed within this state they must be presumed to know the laws of the state, and are in pari delicto. There cannot be one rule for the foreigner and an other for the citizen." 5 Selden 53, 3 Comstock, 266, Ct. of Appeals 1858, Dewitt v. Brisbane 16 N. Y. (2 Smith) 508. "Removing from the country, O. and his family, natives of New York, joined the British forces in 1782, and never returned to reside in this country. Held, that having thus elected to continuous allegiance to the British crown, they must be regarded as aliens and not entitled to inherit." 20 Johnson 313, 3 Peters 99. Supreme court 1842, Orser v. Hoag, 3 Hill, 79. "Citizenship by birth. L. was born in the city of New York, in 1819, of alien parents, during their temporary sojourn in that city. She returned with them the same year, to their native country, and always resided there afterwards. Held, that she was a citizen of the United States." Lynch v. Clarke, 1 Sandford ch. 583, 638; S. C. 3 N. Y. Leg. obs. 236. "Alien liable for crime. That an alien, in whatever manner he may have entered our territory, is, if he commit a crime while here, amenable to our criminal law." Supreme Court 1841.-People v. McLeod, 25 Wend, 483, 573, S. C. 1 Hill, 377. "An alien cannot be admitted as a counsellor of this court, since he cannot take the oath of allegiance, etc.--Supreme Court, April, 1801, case of Mr. Caines, 3 Johnson's cases, 499. "The enlistment of an alien into the army of the United States is valid and binding on the alien enlisted.” Supreme Ct. 1843, the United States v. Wyngall, 5 Hill .16. "Renouncing naturalization. A naturalized citizen who continues to reside here is liable to be sued in the state courts as a citizen. He cannot make himself an alien by merely taking an oath of allegiance to a foreign power, he must, at least, also change his residence. Supreme Court, 1801, Fish v. Stoughton, 2 Johnson's cases, 407. Decisions of the Federal courts. Upon questions arising upon the construction of the Federal constitution, the decisions of the courts of the United States are final and conclusive; and will be followed by the courts of this state, whatever may be their own views upon the question." Ct. Appeals, 1850, McCormick v. Prickering, 4 N. Y. (Comst.), 276. Supreme Court, 1819, Roosevelt v. Cebra, 17 John, 108, Ct. of Errors, 1838, Cochran v. Van Surlay, 20 Wend, 365; Supreme Court 1843, Kunzler v. Kohans, 5 Hill, 317, 3 Cowen, 713. "The Supreme Court is bound, when called upon in due form to do so, to pronounce invalid all acts of the legislature clearly conflicting with the fundamental law of the constitution." Supreme Court 1857, Clarke v. City of Rochester, 24 Borb, 446, S. C.-5 Abbott's Pr. 107, S. C. 14, How, Pr. 193. "It seems, that although the declaration of independence was made by congress on the 4th of July, 1776, and although the convention of delegates of this state adopted the declaration on the 9th, and although we had committees and temporary bodies of men, who took charge of the public safety we (the State of N. Y.) had no executive, legislative, or judicial authority, nor any organized government until the adoption of the Constitution on the 20th of April, 1777. Jackson v. White 20 Johnson 313.

CHAPTER V.-FEDERAL GOVERNMENT OF THE UNITED STATES OF AMERICA.

It has been held by high authority that the states were sovereign before the union. Kent. vol. 1, p. 208. Madison and others have held that they are sovereign under the Constitution of the United States. Federalists, No. 40, p. 212. Articles of confederation of Nov. 15, 1777. 1 Kent's Comm. p. 210. Supreme Court United States, McIlvaine vs. Coxe, 4 Cranch, 209. Warren Manufacturing Company, vs. Etna Insurance Company, 12 Paine, 501. Buckner . Finley 12 Peters, 590. Dodge v. Woolsey, 18 How. 350. Bank of the United States, v. Daniels, 12 Peters, 33 Bank of Austa v. Earle, 13 Peters, 520. Dodge v. Woolsey, 18 How. 350-1. Ohio Life Insurance Company v, Debolt, 16 How. 428. The thirteen colonies entered into a confederation styled the "confederacy of the United States of America." Arts. Confederation. Art. 1. The old Congress was composed of delegates annually appointed in such "a manner as the legislature of each state shall direct." 5. Art. Confed.-Each state maintained its own delegates.-Art. 5. Confed. Each State had the right to recall its delegation.-Art. 5. Confed. Each state had but one vote.-Art. 5. Confed. All disputes between the States were decided by Congress.-Arts. Confed., 9. It was further provided that no two or more states should enter into any treaty; that no state should lay imposts and duties or keep vessels of war in time of peace; that no state should engage in war without the consent of Congress. Congress had power to regulate the "value of coin struck by their own authority;" to regulate trade and manage Indian affairs; to establish post offices; to borrow money. It was also provided that alterations in the articles of confederation should be confirmed by the "legislature of every state;" and that the "Union shall be perpetual," Art. 13, confed. The following clause was inserted in the articles of confederation, to prevent the federal government from encroaching on the rights of the states by the exercise of implied powers. "Art. 2, Each state retains its own sovereignty, freedom, and independence, and every power, jurisdiction and right, which is not by the confederation expressly delegated to the United States in Congress assembled,"-Art. 2, confed. Before the constitution of the United States went into operation (on the first Wednesday in March 4, 1789, Owings v. Speed, 5 Wheaton 420) all the departments of government were blended in one mass--1 Kent's Comm. 214, nearly similar to a state or county convention. The federal form of government remained in force until the 4th day of March, 1789, when the new constitution went into operation.-Kent's Comm. vol. 1, p. 219, Owings v. Speed, 5 Wheaton, R. 240. The constitution of the United States has divided the co-ordinate powers of the government into three departments, the legislative, executive and judicial. Federalist No. 47, pp. 261-2-3-4-56-7. These co-ordinate branches were intended as mutual checks and balances. The president has a veto on the acts of Congress, but Congress can pass a bill by two-thirds of the votes cast over the president's veto. Again, one house of Congress is a check on the deliberations of the other; and the judiciary is the final tribunal to settle disputes between the Congress and the executive; and to decide on the constitutionality of the laws and treaties of the United States; and to decide on conflicts