forms of ratification by the State Conventions, see Hickey's Const., chap. 2, pp. 129-192. Negroes, whether slaves or free, were not included in the terms Were the (( people," or citizens of the United States." Scott v. Sandford, Negroes 19 How. 404-5. The case of Legrand v. Darnell, 2 Pet. 664, people? does not conflict with this view. Id. 423-4. But the States may confer all the rights of citizenship upon an alien, or any other person, so far as that State is concerned; this, however, does not make him a citizen of the United States. Id. 405–406. 220 93 But a man is not incapacitated to be a citizen of the United Can the States by the sole fact that he is colored or of African descent, and States confer citizenship? not a white man. Opinion of Attorney-General Bates, of 29th Nov., 1862, in which the whole subject of citizenship is discussed. There is no authoritative definition of the phrase "citizen of the United States." Id. 220 But the question was put to rest by the Civil Rights Bill, in the Declared citizens by following words: the Civil "Be it enacted, &c., That all persons born in the United States, Rights Bill? and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States.' 14 St. p. 27, § 1; Paschal's Annotated Digest, Art. 5382. There can be no doubt of the power of Congress to pass this act. Smith v. Moody, 26 Ind. 307. 275 Union? . "IN ORDER TO FORM A MORE PERFECT UNION." That it should How a more not, like the Confederation, be a mere treaty, operating by requisi- perfect tions on the States; and that the people, for whose benefit it was framed, ought to have the sole and exclusive right to ratify, amend, and control its provisions. (2 Elliot's Debates, (Virginia) 47, 61, 131, 57, 97, 98; 3 Id. (North Carolina,) 134, 145; 1 Id. (Masachusetts,) 72, 110.) 1 Story's Const. § 464, 469-480, and notes to third edition; Federalist, Nos. 13, 14, 51. The Government which preceded were "Articles of Confede- How was ration and Perpetual Union between the States." Ante, p. 9; the Union Story's Const. § 229; Public Journals of Cong., by Way and perfect? Gideon, vol. i.; 1 Bioren and Duane, Laws of U. S. 6; Hickey's Const. 483. to be more It was intended to make the Union stronger, by giving it a well- 14, 165, 195. balanced representative Legislature, an Executive, and a Judiciary, with guaranties for the enforcement of law; these provisions carried along the idea of a "more perfect" and "perpetual union." See 2 Curtis's History of the Constitution. 8. TO ESTABLISH JUSTICE.-Justice is the constant and ardent What is desire to render to every one that which is his own. Justin- justice? ian; Burrill's Law Dic., JUSTICE. It was probably used here in reference to the judicial power, as there was neither executive nor judiciary under the Articles of Confederation.-ED. Justice is law. 9 Op. 481 (Black). The objects to be attained may be found in the jurisdiction given in the judicial power, and in the How extradition obligations, as well as in the general powers of legis- attained? 7 196, 198, 210, lation on specified subjects, and the inhibitions upon the States. 224, 225. Story's Const. § 482-489; 2 Kent's Com. 333-4. domestic tranquillity? How insure 9. TO INSURE DOMESTIC TRANQUILLITY.-This, doubtless, means peace among and between the States. And it was sought to be attained by the equality of representation, actual and proportionate; the power to regulate commerce among the States; the inhibitions upon them; the jurisdiction of the Supreme Court over controver21. 89, 161, sies between them; the guaranties of the rights of the citizens in 162, 220, 223, each; the rendition of criminals and persons held to service; the guaranties of republican forms of government, and against domestic strife; and the national power of legislating over all irritating subjects. See Story's Const. § 490-494; the Federalist, Nos. 9, 10, 41. 233. What is the common defense? How attained? 10. TO PROVIDE FOR THE COMMON DEFENSE.-This means the defense of the nation against all enemies, foreign and domestic. The end was intended to be attained by giving the power to Congress to declare war; to provide for armies and navies; grant letters of marque and reprisal; forts and arsenals; for arming and disciplining the militia; making treaties the supreme law; making 117, 123, 130, the President the commander-in-chief of the army and navy, and 175, 238, 240. of the militia when in actual service. Federalist, Nos. 24, 25, 41; Ex parte Coupland, 26 Tex. 386; Paschal's Annotated Digest, notes 218, p. 88-90; Story's Const. SS 494, 495; Farrar, § 95. What is the 221. 11. TO PROMOTE THE GENERAL WELFARE.-This, doubtless, means the general and equal advantages to all the people and the States, arising from the grants of power contained in the Constitution, as well as the inhibitions upon Congress and the States, and the guaranties in the Constitution. Without claiming this as a warrant for the exercise of doubtful 87, 110, 220, implied powers, we may point to the regulation of commerce; the coining of money; post-offices and post-roads; the acquisition and extent of territory; the patents and copy-rights, and the general protection of the citizen everywhere, as vast blessings, the true value of which no one can comprehend.-ED. See Story's Const. 497-506. 3, 4. 80. What is liberty? How attained ? The words " common defense and general welfare" were not inserted until 4th Sept., 1787. "Safety" seems to be the first object. (Jay, Federalist, Nos. 3, 4), Farrar, § 101. The same words occur in the first clause of section 7. See criticisms upon them. Id. 12. TO SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND OUR POSTERITY. Civil liberty means the natural liberty of every one to pursue his own happiness, except so far as he is restrained by the laws of the land. Burrill's Law Dictionary, CIVIL LIBERTY; Co. Litt. 116, b; 1 Bl. Com. 125; note 5; 2 Kent's Com. 26. This was doubtless the liberty intended to be secured and transmitted to posterity in perpetuity. The object has been sought to be more permanently secured by the amendments incorporating the great principles of Magna Charta; the reservation of powers 245-275. the United States of 2, 4. suits? 13. "OF THE UNITED STATES OF AMERICA."-Mr. Calhoun, in his What is essay on Government and in his speeches, contended, that this meant by meant "States united"—that is, a league or compact-and not a government. But the true definition doubtless is, the union of America? States under all the restrictions contained in the Constitution. "The Government of the United States." Cohens v. Virginia, 6 Wheat. 2, 4, 6. 264. The United States is a government, and consequently a body politic and corporate, capable of attaining the objects for which it Is it a corpowas created, by the means which are necessary for their attain- ration? ment. United States v. Maurice, 2 Brock. 109. And, to the ex- 2, 4, 188. tent of its limited powers, it is supreme. See the Dred Scott decision, and Abelman v. Booth. Through the instrumentality of the proper department to which the delegated powers are confided, it may enter into contracts not prohibited by law, and appropriate to the just exercise of those powers. United States v. Tingey, 5 Pet. 128. As a corporation, it has capacity to sue by its corporate title. Dixon v. United States, 1 Brock. 177; Dugan v. United States, 3 Wh. 181. It may compromise a suit, and receive real Can it comand other property in discharge of the debt, in trust, and sell the promise same. United States v. Lane's Administrators, 3 McLean, 365; Neilson v. Lagow, 12 How. 107-8. The above decisions quoted and approved. Dikes v. Miller, 25 Tex. (1860;) and held, that, upon the same principle, the owner of land may file a release in the general land-office, and divest himself of the right to recover. Id.; Paschal's Annotated Digest, note 4. Absolute What was sovereignty, and complete supremacy in the exercise of all governmental powers confided to the National Government, were intended to be secured; and it is believed that such intention was accomplished. Metropolitan Bank v. Van Dyck, 27 N. Y. Rep. 407. The powers of the General Government and of the States, al- Distinguish though both exist, and are exercised within the same territorial the powers? limits, are yet separate and distinct sovereignties, acting separately and independently of each other within their respective spheres. And the sphere of action appropriated to the United States is as far beyond judicial process issued by a State Judge or a State Court, as if the line of division were traced by landmarks and monuments visible to the naked eye. (Ableman v. Booth, 21 How. 506, 516); Metropolitan Bank v. Dan Dyck, 27 N. Y. R. 411. See also Story's Const. § 413; The People v. New York Central Railroad Company, 24 N. Y. 485, 486; Newell v. the People, 3 Seld. 93; Gibons v. Ogden, 9 Wheat. 188; Martin v. Hunter, 1 Wheat. 304, 326, 327; McCulloch v. Maryland, 4 Wheat. 416, for the rules of interpretation as to the powers hereinafter granted. 3* intended? 71. 188. Where is the legislative power? What is ARTICLE I. SEC. I.—All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a senate and house of representatives. 14. LEGISLATIVE POWER is the law-making power or supreme legislative power, wherein, according to Blackstone, resides the sovereignty, power? or at least the exercise of sovereignty, of the State. 1 Bl. Com. 49. Why a Is this wise? the house of tives? 15. CONGRESS.-An assembly of persons; an assembly of envoys, commissioners, or deputies. An assembly of representatives from different governments to concert measures for their common good, or to adjust their mutual concerns. Webster. Here is the National Legislature. 1 Kent's Com. 221; Burrill's Law Dic., CONGRESS. The word was doubtless transferred from the Articles of Confederation, where each State expressly retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not by this Confederation expressly delegated to the United States in Congress assembled. The government was only "a firm league of friendship." Art. 2, ante, p. 9. The wisdom of this division of legislative power into two branches has been vindicated by our wisest statesmen. Story's Const. chap. viii. § 545-570; 1 Kent's Com. 208-210; The Federalist, No. 22; De Lolme on the Constitution of England, B. 2, chap. iii.; Randolph's Letter, 3 Amer. Museum, 62, 66; Adams's Defense of American Constitutions, 105, 106, 121, 284, 286; 2 Pitk. Hist. 294, 305, 316; Paley's Moral Philosophy, b. 6, ch. vii.; Wilson's Law Lect. 393–405. In regular logical consecutive order the Senate should be first defined, but it is not. [ED.] Of what is SEC. II. [1.] The house of representatives shall be representa composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. Why by the people of the several States? What people? 16. The House simply means the popular branch. By THE PEOPLE is meant the wise principle of direct representation and responsibility. (The Federalist, Nos. 40-52; 1 Wilson's Law Lect. 429-433; 2 Id. 124-128; 1 Tucker's Blacks. Com., App. 28; Paley's Moral Philosophy, b. 6, ch. 6); Story's Const. § 571– 576; Curtis's Hist. of the Const. 148. "THE PEOPLE" are that portion of the citizens of the United States who are the resident inhabitants of particular States. Aliens are excluded. Farrar, § 24-38. This accords with Mr. Calhoun's 24-38. others on the admission of Minnesota. Properly, "THE PEOPLE" 6, 21-25, 220. here really mean the qualified voters. But here Mr. Farrar contends that Congress may prescribe the qualifications. Farrar, § 124 -141. Mr. Farrar admits the practice to be contrary to his theory, but insists that an alien is not an inhabitant. (College v. Gove, 5 Pick. 373); Farrar, § 133. It will be observed that the elec- Who are tions are by "the people of the several States." But what electors? people shall vote? They are the "electors of the most numerous branch of the State legislature." There was then very little uniformity as to these voters. 2. Elliot's Debates, 38; 2 Wilson's Law Lecture, 128-131; Federalist, No. 52 to 54; Story's Const. chap. 9, § 570, et seq. 2 Curtis's Hist. of the Const. 198. Time has only lessened the uniformity, for many of the States allow unnaturalized aliens to vote. See the constitu- Is a negro tions of Illinois, Indiana, and Michigan, and the congressional one of the people? debate upon suffrage, 1865-66. In the Dred Scott case the subject was fully discussed, and it was said that, while congress possessed the exclusive power of naturalization, a negro could 220. not be made a citizen of the United States; that a State could confer the right of suffrage on an alien, or any one else, but it May he be a could not thereby make them citizens of the United States. Voter ? Scott v. Sandford, 19 How. 404–414. The Constitution of the Confederate States, which showed the What of the Confederate Southern mind as to proper amendments, interpolated the words Constitu"shall be citizens of the Confederate States." And to the section was tion? added a clause, “but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or federal." Paschal's Annotated Digest, p. 86. This proved the willingness to make suffrage a matter of na- 6, 220. tional legislation, and the determination to avoid participation in the elections by persons who were not national citizens. Mr. Farrar has only followed these extreme views. The ques- What is the tion of limited suffrage, and the motives which influenced the reason of the Convention to leave the power with the States, will be found in the rule? following authorities: 1 Blacks. Com. 171, 172, 463, 464; Montesquieu's Spirit of Laws, b. 11, chap. vi. ; Paley's Moral Philosophy, b. 11, chap. vi.; Locke on Government, p. 2, §§ 149, 227; Adams's Amer. Const., letter vi. pp. 263, 440; Jefferson's Notes on Virginia, 191; Story's. Const. 576-587; Curtis's Hist. of the Const. 187, 194, 200. QUALIFICATIONS.-The word as here used is hardly within any What means of the ordinary significations. Webster's Dic., QUALIFICATION. qualifications? There was this logic and consistency in the rule adopted : 1. Those who indirectly elect the senators and the president and 19, 35, 46, vice-president, directly elect the representatives in Congress. 167. 2. The National Constitution could not well fix a rule as to voters for Congress without also extending it to all elections. 3. Any |