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excluding slavery was adopted in 1859, | cise of its local and reserved sovereignty, and Kansas was admitted into the Union January 29, 1861.

persons on whom such rights are conferred citizens of the United States or entitle them to the privileges and immunities of citizens in another State. See 5 Wheaton, (U. S. Supreme Court Reports), page 49.

may place foreigners or other persons on a footing with its own citizens, as to politiUnder the fugitive slave law, which was cal rights and privileges to be enjoyed passed by Congress at the session of 1850, within its own dominion. But State reguas one of the Compromise measures, intro-lations of this character do not make the duced by Mr. Clay, a long and exciting litigation occurred to test the validity and constitutionality of the act, and the several laws on which it depended. The suit was instituted by Dred Scott, a negro slave, in the Circuit Court of the United States for The Court said in The Dred Scott case, the District of Missouri, in April Term, above referred to, that:-"The right of 1854, against John F. A. Sanford, his property in a slave is distinctly and exalleged owner, for trespass vi et armis, in pressly affirmed in the Constitution. The holding the plaintiff and his wife and right to traffic in it like the ordinary article daughters in slavery in said District of of merchandise and property was guarMissouri, where by law slavery was pro-antied to the citizens of the United States, hibited; they having been previously law- in every State that might desire it for fully held in slavery by a former owner- twenty years, and the government in exDr. Emerson-in the State of Illinois, press terms is pledged to protect it in all from whence they were taken by him to future time if the slave escapes from his Missouri, and sold to the defendent, San-owner. This is done in plain words-too ford. The case went up on appeal to the plain to be misunderstood, and no word Supreme Court of the United States, and can be found in the Constitution which was clearly and elaborately argued. The gives Congress a greater power over slave majority opinion, delivered by Chief Jus- property, or which entitles property of tice Taney, as also the dissenting opinions, that kind to less protection than the propare reported in full in Howard's U. S. erty of any other description. The only Supreme Court Reports, Volume 19, page power conferred is the power coupled with 393. In respect to the territories the Con- the duty of guarding and protecting the stitution grants to Congress the power "to owner in his rights. Upon these consideramake all needful rules and regulations tions, it is the opinion of the Court that concerning the territory and other property the Act of Congress which prohibited a belonging to the United States." The citizen from holding and owning property Court was of opinion that the clause of of this kind in the territory of the United the Constitution applies only to the terri-States north of the line therein mentioned, tory within the original States at the time is not warranted by the Constitution_and the Constitution was adopted, and that it did not apply to future territory acquired by treaty or conquest from foreign nations. They were also of opinion that the power of Congress over such future territorial acquisitions was not unlimited, that the citizens of the States migrating to a territory were not to be regarded as colonists, subject to absolute power in Congress, but as citizens of the United States, with all the rights of citizenship guarantied by the Constitution, and that no legislation was constitutional which attempted to deprive a citizen of his property on his becoming a resident of a territory. This question in the case arose under the act of Congress prohibiting slavery in the territory of upper Louisiana, (acquired from France, afterwards the State), and of which the territory of Missouri was formed. Any obscurity as to what constitutes citizenship, will be removed by attending to the distinction between local rights of citizenship of the United States according to the Constitution. Citizenship at large in the sense of the Constitution can be conferred on a foreigner only by the naturalization laws of Congress. But each State, in the exer.

is therefore void; and that neither Dred Scott himself, nor any of his family were made free by being carried into this territory; even if they had been carried there by the owner with the intention of becoming a permanent resident." The abolition of slavery by the 13th amendment to the Constitution of the United States ratified and adopted December 18, 1865, has put an end to these discussions formerly so numerous,

As early as 1854, the Kansas-Nebraska controversy on the territorial government bill, resulted in a division of the Whig party in the North. Those not sufficiently opposed to slavery to enter the new Republican party, then in its incipiency, allied themselves with the Know-Nothing order, which now accepting the name of American party established a separate and independent political existence. The party had no hold in the West; it was entirely Middle State at this time, and polled a large vote in Massachusetts, Delaware and New York. In the State elections of 1855 the American party made a stride Southward. In 1855, the absence of naturalized citizens was universal in the South, and even so late as 1881 the proportion of

foreign-born population in the Southern any territory thereof, to frame their conStates, with the exception of Florida, stitution and laws, and to regulate their Louisiana, and Texas was under two per domestic and social affairs in their own cent. At the early date-1855-the na- mode, subject only to the provisions of the tivist feeling among the Whigs of that Federal Constitution, with the privilege of section, made it easy to transfer them to admission into the Union, whenever they the American party, which thus secured in have the requisite population for one repboth the Eastern and Southern States, the resentative in Congress.-Provided always, election of Governor and Legislature in that none but those who are citizens of the the States of New Hampshire, Massachu- United States, under the Constitution and setts, Rhode Island, Connecticut, New laws thereof, and who have a fixed resiYork, California and Kentucky; and also dence in any such territory, ought to par elected part of its State ticket in Mary- ticipate in the formation of the Constituland, and Texas; and only lost the States tion, or in the enactment of laws for said, of Virginia, Alabama, Mississippi, Louisi- Territory or State. ana, and Texas, by small majorities against it.

The order began preparations for a campaign as a National party, in 1856. It aimed to introduce opposition to aliens and Roman Catholicism as a national question. On the 21st of February, 1856, the National Council held a session at Philadelphia, and proceeded to formulate a declaration of principles, and make a platform, which were as follows:

"An humble acknowledgement to the Supreme Being, for his protecting care vouchsafed to our fathers in their successful Revolutionary struggle, and hitherto manifested to us, their descendants, in the preservation of the liberties, the independence, and the union of these States.

2d. The perpetuation of the Federal Union, as the palladium of our civil and religious liberties, and the only sure Bulwark of American independence.

3d. Americans must rule America, and to this end, native-born citizens should be selected for all state, federal, and municipal offices or government employment, in preference to all others; nevertheless,

4th. Persons born of American parents residing temporarily abroad, should be entitled to all the rights of native-born citizens; but,

5th. No person shall be selected for political station (whether of native or foreign birth), who recognizes any allegiance or obligation, of any description, to any foreign prince, potentate, or power, or who refuses to recognize the Federal and State constitutions (each within its sphere) as paramount to all other laws, as rules of political action.

6th. The unqualified recognition and maintenance of the reserved rights of the several States, and the cultivation of harmony and fraternal good will, between the citizens of the several States, and to this end, non-interference by congress with questions appertaining solely to the individual States, and non-intervention by each State with the affairs of any other State.

7th. The recognition of the right of the native-born and naturalized citizens of the United States, permanently residing in

8th. An enforcement of the principle that no State or Territory ought to admit others than citizens of the United States to the right of suffrage, or of holding political office.

9th. A change in the laws of naturalization, making a continued residence of twenty-one years, of all not hereinbefore provided for, an indispensable requisite for citizenship hereafter, and excluding all paupers, and persons convicted of crime, from landing upon our shores; but no interference with the vested rights of foreigners.

10th. Opposition to any union between Church and State; no interference with religious faith, or worship, and no test oaths for office.

11th. Free and thorough investigation into any and all alleged abuses of public functionaries, and a strict economy in public expenditures.

12th. The maintenance and enforcement of all laws constitutionally enacted, until said laws shall be repealed, or shall be declared null and void by competent judicial authority.

The American Ritual, or Constitution, rules, regulations, and ordinances of the Order were as follows:

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ART. 1st. This organization shall be known by the name and title of THE NATIONAL COUNCIL OF THE UNITED STATES OF NORTH AMERICA, and its jurisdiction and power shall extend to all the states, districts, and territories of the United States of North America.

ART. 2d. The object of this organization shall be to protect every American citizen in the legal and proper exercise of all his civil and religious rights and privileges; to resist the insidious policy of the Church of Rome, and all other foreign influence against our republican institutions in all lawful ways; to place in all offices of honor trust, or profit, in the gift of the people, or by appointment, none but native-born Protestant citizens, and to protect, preserve,

and uphold the union of these states and| the constitution of the same.

ART. 3d. Sec. 1.-A person to become a member of any subordinate council must be twenty-one years of age; he must believe in the existence of a Supreme Being as the Creator and preserver of the universe. He must be a native-born citizen; a Protestant, either born of Protestant parents, or reared under Protestant influence; and not united in marriage with a Roman Catholic; provided, nevertheless, that in this last respect, the state, district, or territorial councils shall be authorized to so construct their respective constitutions as shall best promote the interests of the American cause in their several jurisdictions; and provided, moreover, that no member who may have a Roman Catholic wife shall be eligible to office in this order; and provided, further, should any state, district, or territorial council prefer the words "Roman Catholic" as a disqualification to membership, in place of "Protestant" as a qualification, they may so consider this constitution and govern their action accordingly.

Sec. 2.-There shall be an interval of three weeks between the conferring of the first and second degrees; and of three months between the conferring of the second and third degrees-provided, that this restriction shall not apply to those who may have received the second degree previous to the first day of December next; and provided, further, that the presidents of state, district, and territorial councils may grant dispensations for initiating in all the degrees, officers of new councils.

Sec. 3.-The national council shall hold its annual meetings on the first Tuesday in the month of June, at such place as may be designated by the national council at the previous annual meeting, and it may adjourn from time to time. Special meetings may be called by the President, on the written request of five delegations representing five state councils; provided, that sixty days' notice shall be given to the state councils previous to said meeting.

Sec. 4.-The national council shall be composed of seven delegates from each state, to be chosen by the state councils; and each district or territory where a district or territorial council shall exist, shall be entitled to send two delegates, to be chosen from said council-provided that in the nomination of candidates for President and Vice President of the United States, and each state shall be entitled to cast the same number of votes as they shall have members in both houses of Congress. In all sessions of the national council, thirty-two delegates, representing thirteen states, territories, or districts, shall constitute a quorum for the transaction of busi

ness.

Sec. 5.-The national council shall be vested with the following powers and privileges:

It shall be the head of the organization for the United States of North America, and shall fix and establish all signs, grips, passwords, and such other secret work, as may seem to it necessary.

It shall have the power to decide all matters appertaining to national politics. It shall have the power to exact from the state councils, quarterly or annual statements as to the number of members under their jurisdictions, and in relation to all other matters necessary for its information.

It shall have the power to form state, territorial, or district councils, and to grant dispensations for the formation of such bodies, when five subordinate councils shall have been put in operation in any state, territory, or district, and application made.

It shall have the power to determine upon a mode of punishment in case of any dereliction of duty on the part of its members or officers.

It shall have the power to adopt cabalistic characters for the purpose of writing or telegraphing. Said characters to be communicated to the presidents of the state councils, and by them to the presidents of the subordinate councils.

It shall have the power to adopt any and every measure it may deem necessary to secure the success of the organization; provided that nothing shall be done by the said national council in violation of the constitution; and provided further, that in all political matters, its members may be instructed by the state councils, and if so instructed, shall carry out such instructions of the state councils which they represent until overruled by a majority of the national council.

Art. 4. The President shall always preside over the national council when present, and in his absence the Vice President shall preside, and in the absence of both the national council shall appoint a president pro tempore; and the presiding officers may at all times call a member to the chair, but such appointment shall not extend beyond one sitting of the national council.

Art. 5. Sec. 1.-The officers of the National Council shall be a President, VicePresident, Chaplain, Corresponding Secretary, Recording Secretary, Treasurer, and two Sentinels, with such other officers as the national council may see fit to appoint from time to time; and the secretaries and sentinels may receive such compensation as the national council shall determine.

Sec. 2. The duties of the several officers created by this constitution shall be such as the work of this organization prescribes.

Art. 6. Sec. 1.-All officers provided for by this constitution, except the sentinels, shall be elected annually by ballot. The

president may appoint sentinels from time | Council of the United States-the proporto time. tioned number of delegates to depend on the number of members in the organizations; provided, that no State shall be allowed to have more than one State council, without the consent of the National Council of the United States. (June, 1854.)

Sec. 2.-A majority of all the votes cast shall be requisite to an election for an office. Sec. 3.-All officers and delegates of this council, and of all state, district, territorial, and subordinate councils, must be invested with all the degrees of this order.

Sec. 4.-All vacancies in the elective offices shall be filled by a vote of the national council, and only for the unexpired term of the said vacancy.

Art. 7. Sec. 1.-The national council shall entertain and decide all cases of appeal, and it shall establish a form of appeal.

Sec. 2.-The national council shall levy a tax upon the state, district, or territorial councils, for the support of the national council, to be paid in such manner and at such times as the national council shall determine.

Art. 8.-This national council may alter and amend this constitution at its regular annual meeting in June next, by a vote of the majority of the whole number of the members present. (Cincinnati, Nov. 24, 1854.)

RULES AND REGULATIONS.

Rule 5.-In any State, District, or Territory, where there may be more than one organization working on the same basis, (to wit, the lodges and "councils,") the same shall be required to combine; the officers of each organization shall resign and new officers be elected; and thereafter these bodies shall be known as State councils, and subordinate councils, and new charters shall be granted to them by the national council. (June, 1854.)

Rule 6.-It shall be considered a penal offence for any brother not an officer of a subordinate council, to make use of the sign or summons adopted for public notification, except by direction of the President; or for officers of a council to post the same at any other time than from midnight to one hour before daybreak, and this rule shall be incorporated into the bylaws of the State, District, and Territorial councils. (June, 1854.)

Rule 7.-The determination of the necessity and mode of issuing the posters for public notification shall be intrusted to the State, District, or Territorial councils. (June, 1854.)

Rule 1.-Each State, District, or Territory, in which there may exist five or more subordinate councils working under dispensations from the National Council of the United States of North America, or under regular dispensations from some State, District, or Territory, are duly empowered to establish themselves into a Rule 8. The respective State, District, State, District, or Territorial council, and or Territorial councils shall be required to when so established, to form for them-make statements of the number of memselves constitutions and by-laws for their bers within their respective limits, at the government, in pursuance of, and in con- next meeting of this national council, and sonance with the Constitution of the annually thereafter, at the regular annual National Council of the United States; meeting. (June, 1854.) provided, however, that all State, District, Rule 9.-The delegates to the National or Territorial constitutions shall be subject Council of the United States of North to the approval of the National Council of America shall be entitled to three dollars the United States. (June, 1854.) per day for their attendance upon the Rule 2.-All State, District, or Terri-national council, and for each day that torial councils, when established, shall have full power and authority to establish all subordinate councils within their respective limits; and the constitutions and by-laws of all such subordinate councils must be approved by their respective State, District, or Territorial councils. (June, 1854.)

Rule 3.-All State, District, or Territorial councils, when established and until the formation of constitutions, shall work under the constitution of the National Council of the United States. (June, 1854.)

Rule 4.-In all cases where, for the convenience of the organization, two State or Territorial councils may be established, the two councils together shall be entitled to but thirteen delegates* in the National

*NOTE.-See Constitution, Art. 3, Sec. 4, p. 5.

may be necessary in going and returning from the same; and five cents per mile for every mile they may necessarily travel in going to, and returning from the place of meeting of the national council; to be computed by the nearest mail route: which shall be paid out of the treasury of the national council. (November, 1854.)

Rule 10.-Each State, District, or Territorial council shall be taxed four cents per annum for every member in good standing belonging to each subordinate council under its jurisdiction on the first day of April, which shall be reported to the national council, and paid into the national treasury, on or before the first day of the annual session, to be held in June; and on the same day in each succeeding year. And the first fiscal year shall be considered as commencing on the first day of Decem

ber, 1854, and ending on the fifteenth day of May, 1855. (November, 1854.)

Rule 11.-The following shall be the key to determine and ascertain the purport of any communication that may be addressed to the President of a State, District, or Territorial council by the President of the national council, who is hereby instructed to communicate a knowledge of the same to said officers:

M

A B C D E F G H I J K L 1 7 13 19 25 2 8 14 20 26 3 9 15 NOPQRSTUVW X Y

Z

21 4 10 16 22 5 11 17 23 6 12 18 24 Rule 12.-The clause of the article of the constitution relative to belief in the Supreme Being is obligatory upon every State and subordinate council, as well as upon each individual member. (June, 1854.)

Rule 13.-The following shall be the compensation of the officers of this council:

1st. The Corresponding Secretary shall be paid two thousand dollars per annum, from the 17th day of June, 1854.

2d. The Treasurer shall be paid five hundred dollars per annum, from the 17th day of June, 1854.

3d. The Sentinels shall be paid five dollars for every day they may be in attendance on the sittings of the national council.

4th. The Chaplain shall be paid one hundred dollars per annum, from the 17th day of June, 1854.

5th. The Recording Secretary shall be paid five hundred dollars per annum, from the 17th day of June, 1854.

6th. The Assistant Secretary shall be paid five dollars per day, for every day he may be in attendance on the sitting of the national council. All of which is to be paid out of the national treasury, on the draft of the President. (November, 1854.)

SPECIAL VOTING.

Vote 1st. This national council hereby grants to the State of Virginia two State councils, the one to be located in Eastern and the other in Western Virginia, the Blue Ridge Mountains being the geographical line between the two jurisdictions. (June, 1854.)

Vote 2d. The President shall have power, till the next session of the national council, to grant dispensations for the formation of State, District, or Territorial councils, in form most agreeable to his own discretion, upon proper application being made. (June, 1854.)

Vote 3d.-The seats of all delegates to and members of the present national council shall be vacated on the first Tuesday in June, 1855, at the hour of six o'clock in the forenoon; and the national council

convening in annual session upon that day, shall be composed exclusively of delegates elected under and in accordance with the provisions of the constitution, as amended at the present session of this national council; provided, that this resolution shall not apply to the officers of the national council. (November, 1854.)

Vote 4th.-The Corresponding Secretary of this council is authorized to have printed the names of the delegates to this national council; also, those of the Presidents of the several State, District, and Territorial councils, together with their address, and to forward a copy of the same to each person named; and further, the Corresponding Secretaries of each State, District, and Territory are requested to forward a copy of their several constitutions to each other. (November, 1854.)

Vote 5th. In the publication of the constitution and the ritual, under the direction of the committee-brothers Deshler, Damrell, and Stephens-the name, signs, grips, and passwords of the order shall be indicated by [***], and a copy of the same shall be furnished to each State, District, and Territorial council, and to each member of that body. (November, 1854.)

Vote 6th.-A copy of the constitution of each State, District, and Territorial council, shall be submitted to this council for examination. (November, 1854.)

Vote 7th.-It shall be the duty of the Treasurer, at each annual meeting of this body, to make a report of all moneys received or expended in the interval. (November, 1854.)

Vote 8th.-Messrs. Gifford of Pa., Barker of N. Y., Deshler of N. J., Williamson of Va., and Stephens of Md., are appointed a committee to confer with similar committees that have been appointed for the purpose of consolidating the various American orders, with power to make the necessary arrangement for such consolidation-subject to the approval of this national council, at its next session. (November, 1854.)

Vote 9th.-On receipt of the new ritual by the members of this national council who have received the third degree, they or any of them may, and they are hereby empowered to, confer the third degree upon members of this body in their respective states, districts, and territories, and upon the presidents and other officers of their state, district, and territorial councils. And further, the presidents of the state, district, and territorial councils shall in the first instance confer the third degree upon as many of the presidents and officers of their subordinate councils as can be assembled together in their respective localities; and afterwards the same may be conferred upon officers of other subordinate

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