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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 theUnion 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.

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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

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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 16. 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 . 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

between the state governments and the federal government, and controversies between two or more states. Constitution of U. S. Art. 3. sec. 2. The Federalist No. 49, p. 275, Fed. No. 51, p. 281. The United States can exercise no other powers or authority over the states or the inhabitants thereof but such powers as have been delegated to it by the constitution of the United States, expressly, or by necessary implication. Brisco v. the Bank of the commonwealth of Kentucky 11 Peters 257. United States v. Bailey. 1 McLean 234. Dodge v. Woolsey 18 How, 349. It would be as gross usurpation on the part of the Federal government to interfere with state rights by an exercise of powers not delegated as it would be for a state to interpose its authority against a law of the Union." Craig v. Missouri, 4 Peters, 463. Alabama v. Booth, 21 How, 506, Ex parte Milligan, 4 Wallace, 4. Twitchell v. The commonwealth, 7 Wallace, 321 (in year 1868) Texas v. White, 7, Wallace, 700. Hepburn v. Griswold 8 Wallace, 603. United States v. Hudson, 7 Cranch, 32. Supreme Court of the United States has, from time to time, been appealed to for the settlement of boundaries between the states, Rhode Island v. Massachusetts, 12 Peters 657. United States v. Combes, 12 Peters 72. The Supreme Court have decided that all state laws repugnant to the laws, treaties, and constitution of the United States are void. Amis v. Smith, 16 Peters 303. The same court have decided that the government of the United States acts on the people within the scope of the constitution; and that the governments of the states act on the people unless such powers conflict with the constitution of the United States. Rhode Island v. the State of Massachusetts 12 Peters 657.

CONGRESS.

The

The legislative powers of Congress are vested in two houses of Congress; Senate and House of Representatives. The members of the House of Representatives are elected by the people of the several states, by the elec tors qualified to vote for members of the "most numerous branch of the state legislature," that is, for members of the assembly or House of Representatives. Members of Congress shall be citizens of the United States and of the age of twenty-five years. "Each House shall be judge of the elections, returns, and qualifications of its own members." The House of Representatives elects its own speaker; and with the concurrence of twothirds, expel a member. The question has been raised whether a Senator or Representative can be impeached, under sec. 4, Art. 2 Constitution of the United States. Held by Judge Story in his Commentaries, vol. 2, pp. 259-262, and by the Supreme Court in the case of Anderson v. Dunn. 6 Wheaton 204, that members and senators of Congress cannot be impeached; that though members and senators are not responsible for words spoken in Congress, yet if a member causes his speech to be published he may be indicted for it or sued on a civil action for libel. Kent's Comm., p. 235, (note). The legislature, under the constitution, provides for the times, places, and manner of holding elections for Senators and Representatives. The Constitution provides for filling vacancies in the House of Representatives, thus, when vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies." Con. U. S. sec. 4. Art. 1. So when a member of Congress resigns he should tender his resignation to the House of Representatives and to the executive of his state. Congress shall meet annually on the first Monday in December. The first Congress met under the present constitution on Wednesday,

March 4, 1789. Two years make one Congress, counting from March 4, 1789. The Senate of the United States is composed of two senators from each state. Senators shall be 30 years of age and citizens of the United States. Senators are elected by the state legislature by joint vote or ballot of the two houses.-See Minn. Constitution, Art. 4, sec. 26, and 1 Kent Com. pp. 225-6. The Vice-President of the United States shall be President of the Senate. The Senatecan expel a member by "two-thirds vote of the Senate." The executive of each state issues writs of "election to fill vacancies. When a senator resigns he should tender his resignation to the senate and the executive authority of his state.-1 Kent's Comm. 224. It has been held by high authority that senators are not impeachable, under section 4. Art. 2, of the constitution of the United States.-1 Kent's Comm. p. 235. note.-Anderson v. Dunn.-6 Wheaton, R. p. 204.-Story's Comm. constitution, vol. 2. pp. 259–262. The senate is the high court of impeachment for trying the " President, Vice-President, and all civil officers of the United States, but the House of Representatives" shall have the sole power of impeachment. The Senate tries the case and passes judgment of guilty or not guilty, as the case may be. No person shall be convicted without the concurrence of two-thirds of the members present, judgment extends to "removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States. But the party convicted is subject to be indicted. Bills for raising revenue shall originate with the House of Representatives. A majority of each House shall constitute a quorum to do business. 1, Kent's Comm. pp. 235-6. Act of Congress, June 1, 1789, prescribes the oath of office for senators and members of Congress, as follows: "1. The oath or affirmation required by the sixth article of the Constitution of the United States, shall be administered in the following form, to wit: "I, A. B. do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States." 2. At the first session of Congress after every general election of representatives, the oath or affirmation aforesaid shall be administered by any one member of the House of Representatives to the speaker; and by him to all the members present, and to the clerk, previous to entering on any business; and to the members who shall afterwards appear, previous to taking their seats. The president of the senate for the time being shall also administer the said oath or affirmation to each senator who shall hereafter be elected, previous to his taking his seat; and in any future case of a president of the senate, who shall not have taken the said oath or affirmation, the same shall be administered to him by any one of the members of the senate. -Brightly's Digest. The oath of office to be taken by the secretary of the Senate and clerk of the House of Representatives is prescribed by the act of June 1, 1789.—Brightly's Digest, 169. The framers of the Constitution intended that each house should be a check on the other.-1 Kent's Comm. p. 236. For the express powers of Congress, see sec. 8. Art. 1. Constitution of the United States. For the Constitutional restrictions on the powers of the states see sec. 9. Art. 1. Constitution of the United States, Federalist No. 44. pp. 2412-3-4-5-6. No. 43, p. 236. No. 46, p. 254. Vide Azie v. Moore, 14 Howard, R. 568–345. 20 Curtis Sup. C. R. Smith v. Maryland 18 Howard R. 71. Conway v. Taylor's Ex. 1 Black's R. 603. 20 Howard p. 66. Ableman v. Booth 21 Howard R. p. 506. Bank of Commerce v. New York City. 2 Black's R. p. 620, Cummings v. the State of Missouri 4 Wallace R. p. 227. Crandall v. the State of Nevada, 6 Wallace R. p. 35, Veazie Bank v. Fenno 8 Wallace R. p. 533 Railroad Company v. McClure, 10 Wallace R. p. 511. The Collector v. Day 11 Wallace, R. p. 113. Taylor v. Defrees 11 Wallace,

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