CHAPTER LIV.

Miscellaneous Provisions.

§ 1. "The citizens of each state shall be entitled to all the immunities and privileges of citizens in the several states.” (Art. 4, § 2.) This means that the citizens of any state going into other states, shall not, by the laws of those states, be deprived of any of the privileges of citizens; or that no state shall pass laws bestowing upon its own native citizens political privileges which might not be enjoyed by natives of other states coming into such state.

§ 2. In the same section it is provided, that a "person held to service or labor in one state, (meaning a slave,) escaping into another," shall not become free by any law of the state into which he flees, "but shall be delivered up on claim of the party to whom such service or labor may be due," meaning his master. Before the constitution was adopted with this provision, a slave escaping into a non-slaveholding state became free, and could not be reclaimed. The owner of a runaway slave finding him in one of the free states, arrests him and brings him before a magistrate; and if he proves his title to the slave to the satisfaction of the magistrate, the slave is delivered up to the owner. But as no laws have been enacted in the free states requiring any person to aid in the recovery of slaves, the opinion is entertained that no magistrate has authority to act in the matter, or at least is not bound to do so. Hence many refuse when applied to, which renders the retaking of slaves difficult, often impossible.

§ 3. The 3d section of the 4th article gives to congress the power to admit new states into the union. This provision was deemed necessary in view of the large extent of national territory possessed by the United States. In pursuance of the power here granted, a number of states formed from new territory, nearly equal to the number then existing, has been admitted. Four states, Vermont, Kentucky, Tennessee, and Maine, have been formed from other states.

To the vast extent of territory belonging to the United States, a large acquisition has recently been made: all of which, sufficient for an indefinite number of new states, seems destined, at some future day, to be formed into states and admitted into the union.

§ 4. The 5th article prescribes the mode of amending the constitution. (See the article.) It will be seen that by this mode, amendments are effected with great difficulty. The consent of two-thirds of congress, or of two-thirds of the state legislatures, even to a proposition for any amendment, will seldom be obtained. And then to get a proposed amendment ratified by either the legislatures of three-fourths of the states, or by conventions in three-fourths of them, would seem to be still more difficult. If a more easy mode had been provided, alterations might have been too frequently made, sometimes, perhaps, for the worse.

§ 5. The change of the mode of electing president and vice-president, is the only alteration that has been made of any of its provisions. That change was effected by the 12th article of amendments. All the preceding articles called amendments, are additions rather than amendments, being intended as a declaration or positive guaranty of rights which many supposed were already sufficiently secure, and needed no constitutional enactment to make them so; but which guaranty or declaration was desired by others, to place the security of these rights beyond all question or uncertainty.

§ 6. The 1st clause of the 6th article, is an acknowledgment of the obligation of the government to pay "all debts contracted before the adoption of the constitution." As has been observed, congress had borrowed large sums of money, for the payment of which it had not the power to provide; and one object to be attained by a change of government was to make provision for fulfilling the engagements of the nation. This clause, it is said, was also intended to allay the fears of public creditors who apprehended that a change in the government would release the nation from its obligations.

§ 7. By the 2d clause of the 6th article, the constitution and the laws and treaties made under it, are declared to be binding above all state constitutions and laws. If it were

not so-if all state authorities were not bound by the constitution of the United States, nothing would have been gained by the Union. If the laws made by congress were not to be the supreme law, why give congress the power to make them? Or if treaties could be nullified by any power in a state, why was power to make them given to the general government? Hence the judges of every state are bound by the laws and treaties of the United States, whatever may be found in the laws or constitution of any state to the contrary.

§ 8. By the last article, the constitution, whenever ratified by the conventions of nine states, was to be established between the states so ratifying it. The framers closed their labors in September, 1787; and in July, 1788, New Hampshire, the ninth state, sent its ratification to congress. Congress appointed the first Wednesday of January, 1789, for choosing electors of president in the several states, and the first Wednesday of February for the electors to meet in their respective states to elect the president. Gen. Washington was unanimously chosen, and on the 30th of April was inaugurated president. Proceedings, however, commenced under the constitution on the 4th of March, preceding.

§ 9. In the foregoing sketch of the government of the United States, many provisions of the constitution have been passed over without remark. Neither the objects nor the intended limits of this work, would admit of an extended commentary. To the student who shall have become familiar with this elementary treatise, and who shall desire to pursue the study, with the view of acquiring a thorough knowledge of our constitutional jurisprudence, the author would recommend the perusal of Story's abridged Commentary on the Constitution.

§ 3. Why was the power to admit new states given to congress? What has been done under this power?

§ 4. What does the 5th article prescribe? amendments to be made to the constitution?

How are

§ 5. How many articles of amendment are added to the constitution? How many of them are alterations of any original provisions?

§ 6. What is the 1st clause of the 6th article? Why was this clause inserted?

§ 7. Can you give any reason why the laws and treaties made under the constitution of the United States, should control the laws and courts of the states?

§ 8. How many states must ratify the constitution in order to its establishment? Did all the states ratify it before it went into effect?

CHAPTER LV.

Review and Conclusion.

§ 1. FROM the view which has been given of the state and national governments, it must be seen how well they are adapted to promote the general welfare of the people, and to secure to them the blessings of liberty. Let us, by way of review, again advert to some of the leading features of our political system.

§ 2. One of the excellencies of this system is the extent to which political rights and privileges are enjoyed. In the ancient democracies of Greece, where every freeman was a member of the legislature, political rights were enjoyed and exercised only by about one twentieth part of the male citizens of full age. In England, where one branch of the legislature is elective, a large portion of the people has no right to vote for representatives.

§ 3. But in most of the states of this union, nearly all white male citizens enjoy the rights of freemen. They have a voice in choosing their constitution, and in electing the

offieers of the government. This is the fundamental principle of republicanism, the highest privilege of freemen.

§ 4. Another excellency of our government, one that gives security to liberty, is the division of the civil power into legislative, executive, and judicial. If the persons who make the laws should also have power to execute them and to judge of and apply them, the government, whatever it might be called, would be little better than a despotism. The rights and liberties of the people are safe only where these several powers are separated.

§ 5. Additional security is given to liberty by the peculiar nature of the union. This has been described. It differs from the unions that have heretofore existed. Those were simple confederacies or leagues between sovereign states. The old American confederation was of that kind. By a sovereign state, we mean a state that makes all its own laws, and is controlled by no superior power.

§ 6. The Swiss cantons are at present united in such a confederacy. They are sovereign states; and, as in all mere confederations, each canton has an equal vote in the congress. The principal German states are similarly united; some of which are republican, others monarchical.

§ 7. But the states of the American union are not wholly sovereign. They have, for the good of the whole, given up a portion of their sovereignty to the general government, which in certain cases controls the state governments. If the states were entirely sovereign, they could establish any kind of government. But by the constitution, the general government has power, and is bound to prevent any state from changing its government to any other than a republican form. (Art. 4, § 4.)

§ 8. In the course of this work, the government of the United States has frequently been called the national government; but it is not wholly national. To have an idea of a government purely national, we must suppose the people united in one great government, with only one legislature to make laws for the whole nation, one executive, and one judiciary. And in adopting a constitution, all the electors must vote directly for or against the proposed form, and a