ultimate sovereign power has chosen to restrict the legislative power which it grants to its representatives. At present, certain matters are not intrusted to the regulation of congress, but are left to the action of the several states. But there can be no question that all such matters, if it should seem good to the people, might be withdrawn from the sphere of state activity, and placed under the paramount control of the Union. An inherent supreme power of legislation resides in the people who possess the sovereignty of the United States. The States. In American constitutional law the word "state" is generally employed to denote one of the component commonwealths of the American Union. These states, as will presently appear, are not sovereign. Neither are they nations, in any proper sense of the term. They are political communities, occupying separate territories, and possessing powers of self-government in respect to almost all matters of local interest and concern. Each, moreover, has its own constitution and laws and its own government, and enjoys a limited and qualified independence. The Territories. The position of the territories, in our system of government, is somewhat analogous to that of colonial dependencies, though it finds no exact parallel in past or contemporary history. The ter ritories are not states of the Union. They do not possess full powers even of local self-government. They are subject to the exclusive jurisdiction and legislation of congress, although they are practically intrusted with a considerable measure of authority in respect to the government of their purely local affairs. Their officers are appointed by the President, and the acts of their legislative assemblies are liable to be overruled or annulled by the federal legislature. It may be said that they are held in tutelage by the general government; that their territorial condition is transitory and that their system of government is temporary and provisional only. For it is always understood that the people of a territory are destined to create and maintain a state government as soon as, in the judgment of congress, they shall be prepared therefor, and be admitted to the Union on an equality with the older states. "The territories are but political subdivisions of the outlying dominion of the United States. Their relation to the general government is much the same as that which counties bear to the respective states, and congress may legislate for them as a state does for its municipal organizations. The organic law of a territory takes the place of a constitution as the fundamental law of the local government. It is obligatory on and binds the territorial authorities; but congress is supreme, and for the purposes of this department of its governmental authority, has all the powers of the people of the United States, except such as have been expressly or by implication reserved in the prohibitions of the constitution." The District of Columbia. The position of the District of Columbia is even more peculiar than that of the territories. In fact, it constitutes the most singular anomaly in our political systems. The District is that portion of territory ceded to the United States for a site for the national capital. It is subject to the exclusive jurisdiction of congress. It is neither a state nor a territory. Its people have no direct participation in the government, even in respect to the administration of municipal affairs. Its executive department consists of a board of three commissioners who are appointed by the President of the United States with the advice and consent of the senate. Its judges are appointed in like manner. Its local legislature is congress. Its permanent residents are citizens of the United States, if they fulfill the conditions of citizenship laid down in the fourteenth amendment, but they are not citizens of any state. Restricted Meaning of the Term "State." When the word "state" is to be taken in its more restricted sense, as designating one of the component states of the Union, there is often some difficulty in determining its exact limits. This ambiguity arises chiefly in connection with the peculiar position of the territories and the District of Columbia. It may be stated, as a general rule, that the term "state" may include the territories and the District when used geographically, but not when used politically. And while these communities are not technically "states" of the Union, as the term is used in the constitution, yet they may be held • National Bank v. County of Yankton, 101 U. S. 129. ultimate sovereign power has chosen to restrict the legislative power which it grants to its representatives. At present, certain matters are not intrusted to the regulation of congress, but are left to the action of the several states. But there can be no question that all such matters, if it should seem good to the people, might be withdrawn from the sphere of state activity, and placed under the paramount control of the Union. An inherent supreme power of legislation resides in the people who possess the sovereignty of the United States. The States. In American constitutional law the word "state" is generally employed to denote one of the component commonwealths of the American Union. These states, as will presently appear, are not sovereign. Neither are they nations, in any proper sense of the term. They are political communities, occupying separate territories, and possessing powers of self-government in respect to almost all matters of local interest and concern. Each, moreover, has its own constitution and laws and its own government, and enjoys a limited and qualified independence. The Territories. The position of the territories, in our system of government, is somewhat analogous to that of colonial dependencies, though it finds no exact parallel in past or contemporary history. The ter ritories are not states of the Union. They do not possess full powers even of local self-government. They are subject to the exclusive jurisdiction and legislation of congress, although they are prac tically intrusted with a considerable measure of authority in respect to the government of their purely local affairs. Their officers are appointed by the President, and the acts of their legislative assemblies are liable to be overruled or annulled by the federal legislature. It may be said that they are held in tutelage by the general government; that their territorial condition is transitory and that their system of government is temporary and provisional only. For it is always understood that the people of a territory are destined to create and maintain a state government as soon as, in the judg ment of congress, they shall be prepared therefor, and be admitted to the Union on an equality with the older states. "The territories are but political subdivisions of the ontlying dominion of the United States. Their relation to the general government is much the same as that which counties bear to the respective states, and congress may legislate for them as a state does for its municipal organizations. The organic law of a territory takes the place of a constitution as the fundamental law of the local government. It is obligatory on and binds the territorial authorities; but congress is supreme, and for the purposes of this department of its governmental authority, has all the powers of the people of the United States, except such as have been expressly or by implication reserved in the prohibitions of the constitution." The District of Columbia. The position of the District of Columbia is even more peculiar than that of the territories. In fact, it constitutes the most singular anomaly in our political systems. The District is that portion of territory ceded to the United States for a site for the national capital. It is subject to the exclusive jurisdiction of congress. It is neither a state nor a territory. Its people have no direct participation in the government, even in respect to the administration of municipal affairs. Its executive department consists of a board of three commissioners who are appointed by the President of the United States with the advice and consent of the senate. Its judges are appointed in like manner. Its local legislature is congress. Its permanent residents are citizens of the United States, if they fulfill the conditions of citizenship laid down in the fourteenth amendment, but they are not citizens of any state. Restricted Meaning of the Term "State." When the word "state" is to be taken in its more restricted sense, as designating one of the component states of the Union, there is often some difficulty in determining its exact limits. This ambiguity arises chiefly in connection with the peculiar position of the territories and the District of Columbia. It may be stated, as a general rule, that the term "state" may include the territories and the District when used geographically, but not when used politically. And while these communities are not technically "states" of the Union, as the term is used in the constitution, yet they may be held • National Bank v. County of Yankton, 101 U. S. 129. to come under that designation, as used in treaties and acts of congress, if plainly within their spirit and meaning. For instance, in the internal revenue acts of congress it is provided that the word "state" shall include the territories and the District of Columbia, whenever such construction is necessary to carry out their provi sions." So the term "state," in an act of congress regulating the taking of pilots on water forming the boundary between two states. includes an organized territory of the United States. SOVEREIGNTY AND RIGHTS OF THE STATES. 12. The several states have not the attribute of sovereignty, except in a limited and qualified sense. They are local self-governing communities, independent as respects each other, independent in a limited and qualified sense as respects the Union, but not ranking as nations or sovereign powers for the purposes of international law. State Sovereignty. The several states composing the American Union never enjoyed complete sovereignty as regards the external side, and do not now possess it. This is shown by the fact that they were always subject to some common superior in respect to their relations with foreign powers. First it was the king and parliament of England, then the revolutionary congress, then the confederation, and now the United States. For as all authority over foreign relations and affairs is confided to the national government, it follows as a necessary consequence that all such authority is denied to the separate states. None of them can deal directly with a foreign nation. "The only government of this country which other nations recognize or treat with is the government of the Union, and the only American flag known throughout the world is the flag of the United States."7 On the external side, therefore, we may entirely dismiss the notion of any state sovereignty. An apparent exception may be found in the case of Rhode Island and North Carolina, which 5 Rev. St. U. S. § 3140. 6 The Ullock, 19 Fed. 207. 7 Fong Yue Ting v. U. S., 149 U. S. 698, 13 Sup. Ct. 1016; 1 Story, Const. |