To prevent abuses of this kind, it is deemed expedient that the right of trial by jury should be granted to every person claimed as a slave, to afford him a fair opportunity of estab lishing his freedom.

§ 541. "New states may be admitted by the congress into "this union; but no new state shall be formed or erected "within the jurisdiction of any other state; nor any state be "formed by the junction of two or more states, or parts of "states, without the consent of the legislatures of the states "concerned, as well as of the congress."-Art. 4, sec. 3, cl. 1.

§ 542. This provision was deemed necessary in view of the large extent of national territory possessed by the Uni ted States, and of the inconvenient size of some of the states then existing. Under this power, the number of the states has been doubled, thirteen new states having been added to the original thirteen; four of which, Vermont, Kentucky, Tennessee, and Maine, have been formed from the old states, and the remaining nine, from the territorial possessions of the United States. The propriety of requiring the consent of the state legislatures and of congress, in the cases men tioned, is readily perceived.

§ 543. "The congress shall have power to dispose of, and "make all needful rules and regulations respecting the ter "ritory or other property belonging to the United States; " and nothing in this constitution shall be so construed as to "prejudice any claims of the United States, or of any par. "ticular state."-Art. 4, sec. 3, cl. 2.

§ 544. The right of the general government to exercise authority over its own possessions, would seem scarcely to admit of doubt; but this power under the confederation had been questioned; and an express grant of such power was therefore inserted in the constitution. As the people within such territory neither possess the right of self-government, nor are subject to the laws of any state, congress ought to have power to make laws for their government.

$545. "The United States shall guaranty to every state

admission and formation of new states restricted? § 542. Why was this provision necessary? § 543. How is the public property disposed of? § 544 Why is the power to dispose of it given to congress?

in this union a republican form of government, and shall "protect each of them against invasion; and, on application "of the legislature, or of the executive, (when the legislature "cannot be convened,) against domestic violence."-Art. 4, sec. 4.

§ 546. The states have a natural claim to the protection of the general government against any attempts that might be made to change their forms of government; and also against invasion from abroad, and insurrections within their own borders, especially as they had surrendered to the general government the right of keeping a standing force for their defence. A state may make any alteration in its constitution that shall not change its republican form.

CHAPTER XXVIII.

Provision for Amendments-Assumption of the Public Debt -Supremacy of the Constitution-Oaths and Tests-Rati. fication of the Constitution.

$547. "THE Congress, whenever two thirds of both houses "shall deem it necessary, shall propose amendments to this "constitution, or, on application of the legislatures of two "thirds of the several states, shall call a convention for pro"posing amendments, which, in either case, shall be valid, "to all intents and purposes, as part of this constitution, when "ratified by the legislatures of three fourths of the several "states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by "the congress; provided that no amendment which may be "made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses "of the ninth section of the first article; and that no state,

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$545. What do the United States guaranty to the states? § 546. Why is this guaranty necessary?

547. How are amendments to be proposed and ratified? § 548.

"without its consent, shall be deprived of its equal suf"frage in the senate."-Art. 5.

§ 548. It was presumed by the framers of the constitution, that, notwithstanding the care with which it had been prepared, experience would discover it to be imperfect; or that, how well soever it might, at that time, serve the purposes of government, time and change of circumstances would render some alterations necessary. It was requisite, therefore, that some mode of amending it should be pro'vided. But, lest the government should become unstable from too frequent alterations, modes of amendment were adopted which are calculated to guard against any alteration that is not necessary to remedy some palpable defect

or inconvenience.

§ 549. The power to amend the constitution does not extend to every provision. No amendment might affect those clauses which secured the right to import slaves until the year 1808, and prescribed the mode of apportioning taxes; nor that which guaranties to each state an equality in the senate. Since the adoption of the constitution, amendments or additions have been, at three different times, proposed by congress, and ratified by the states. (§ 562, 584, 585.)

§ 550. Frequent attempts have been made, within a few years past, to propose amendments to the constitution; but, from the veneration in which the people hold this instrument, and from their jealousy of any attempts to change a form of government under which they have enjoyed unexampled prosperity, these attempts have proved unsuccessful. The people seem disposed to endure some trifling inconveniences, rather than to countenance a spirit of innovation, which, if encouraged, may in time produce a change in the fundamental principles of the government. Of the twelve articles styled amendments,' which have been incorporated into the constitution since its adoption, none but the last, (changing the mode of electing president and vice president,) repeals or makes void any part of the constitution originally adopted.

§ 551. By providing that amendments shall not even be

Why was this provision deemed necessary? 549. May any part of the constitution be altered? § 550. What has been the result of late attempts to amend? § 551. How is the constitution guarded against

proposed to the people, but by two thirds of both houses of congress, and that a convention for proposing amendments shall not be called by congress, until requested to do so by the legislatures of two thirds of the states; and by providing farther, that, before amendments thus proposed shall be valid, they must be ratified either by the legislatures of three fourths of the states, or by conventions or delegates chosen by the people of three fourths of the states; the constitution seems to be effectually guarded against unneces sary amendments or mutilations. The approval of the president is not required to a proposition by congress for an amendment of the constitution.

§ 552. "All debts contracted, and engagements entered "into, before the adoption of this constitution, shall be as "valid against the United States under this constitution, "as under the confederation."-Art, 6, cl. 1.

§ 553. This clause recognizes the justice of the claims then existing against the government, and the moral obligation it was under to pay the debts which had been contracted, to carry on the war of independence. Indeed, one of the ends to be attained by a change of government, was some effectual provision for fulfilling the engagements of the nation previously entered into, and to which the public faith had been pledged in the articles of confederation. It was also intended to allay the fears of public creditors, who apprehended that a change of government would release the nation from its obligations.

§ 554. "This constitution, and the laws of the United "States which shall be made in pursuance thereof; and all "treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of "the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state "to the contrary notwithstanding."-Art. 6, cl. 2.

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§ 555. If the states were to regard their own laws as supreme, nothing would have been gained by union. In fact, the very idea of union forbids such a supposition. It was the needless alterations? § 552. What debts were assumed by the constitution? § 553. What were the objects of this clause? 554. What is the supreme law of the land? § 555. Why is this provision neces

want of supremacy in the general government under the confederation, that, more than any other consideration, called for a remedy. If the constitution or laws of each state were supreme in such state, the constitution of the United States could have no binding force, and there would be at the present time, no less than twenty-six supreme governments in the union, which is an absurdity. All laws, therefore, whether of the general government, or of the state governments, can have no validity after they shall have been pronounced by the supreme court of the nation to be repugnant to the constitution of the United States.

556. "The senators and representatives before men"tioned, and the members of the several state legislatures, ❝and all executive and judicial officers, both of the United "States and of the several states, shall be bound by oath or “affirmation, to support this constitution; but no religious "test shall ever be required as a qualification to any office ·66 or public trust under the United States."-Art. 6, cl. 3.

§ 557. The nature of an oath has been explained in another place. (§ 474.) The propriety of thus binding the conscience of a public officer has ever been esteemed necessary to secure fidelity to official trusts. Oaths ought not, however, to be used on trivial occasions, as their frequency tends to weaken a sense of their obligation.

§ 558. Religious tests are, however, properly prohibited. Test here means an oath or declaration in favor of or against certain religious opinions, as a qualification for office. In England, all officers, civil and military, were obliged to make a declaration against transubstantiation, and assent to the doctrines, or conform to the rules of the established church. before they could enter upon their official duties. Such a test is inconsistent with the principles of religious liberty: and as perfect freedom in matters of religion was the main object sought by our puritan fathers in their emigration to this country, it is not strange that their immediate descend. ants should forbid the introduction of religious tests into their form of government.

sary? 556. What officers are required to take oaths of office? § 557. What effect are they designed to have? § 558. What is a reli ious test? Why is it improper? § 559. How many states were re