avee le plus tendre solicitude à leurs peuples, comme unique moyen de jouir de cette paix qui naít de la bonne conscience et qui seule est durable, de se fortifier chaque jour davantage dans les principes et l'exercice des devoirs que le divin Sauveur a enseignés aux hommes.

Art. III. Toutes les puissances qui voudront solennellement avouer les principes sacrés qui ont dicté le présent acte, et reconnoîtront combien il est important au bonheur des nations trop longtems destinées humaines toute l'influence qui leur appartient, seront reçues avec autant d' empressement que d' affection dans cette sainte alliance.

Fait tripee, et signé à Paris, l' an de grâce 1815, le 1 Septembre.

[Signeé]

François.

Frédéric-Guillaume.

Alexandre."

PART II.

THE INTERNAL POLITY OF THE UNITED STATES.

SECTION FIRST.

NATIONAL AND STATE POWERS.

!

WE have set forth in part second the international rights and duties of the United States and of all other nations. We come now to consider the internal jurisdiction of our national government over the states, the people of the United States and the Indian tribes possessing a portion of our territory.

By our constitution our administrative powers of government are distributed on an original plan. Our republic at the close of the revolution in 1783, found itself a free and independent nation composed of an intelligent, moral, industrious and religious people who were born to the inherent right of self-government, and who had practiced it even in the colonial state with but a slight control of the mother country. This inherent and unaliena-. ble right to govern themselves is in no respect de-.

pendent on the constitution of the United States or of those of the states. These all are instruments distributing the powers of agents and officers of government, limiting them, and partially restraining the people so as to give stability and security to life, liberty and property. They all are based on the proposition of the sovereignty of the people acting in the mode and through the officers, executive, legislative and judicial of the Union and the States described in those instruments. The right of self-government is the mainspring and moving principle of our republic, and the form of our government, our constitutions and our laws are simply the guards, checks and protections of our liberties. The states came out of a colonial condition as free and sovereign states, and first the confederation and afterwards the constitution of the United States cut off from the states certain specified national powers forming the government of the Union, the states and the people reserving all powers not granted. This national government, composed of the President, Congress, Judiciary of the United States and subordinate officers, is vested with all the international powers of the republic, and with extensive internal authority over commerce between the states and with the Indian tribes. Any and every state law regulating such commerce is void. (4.

Wheaton 422, 9, ib. 19, 5, 8, 9, 12, ib. 446.) It forms a complete national administration with full and supreme powers over national subjects, and by its constitution, treaties and laws enforced by its own judiciary and officers of the government of the Union acts with effect upon the people and executes its own authority. But it leaves to the states the general municipal powers and local authority, for these reside in the states and people respectively.

The United States constitution, laws and treaties being the supreme law of the land, all state laws conflicting with them are void. The original thirteen states are increased to twenty-six. With each of these, and the states hereafter to be organized into states from our vast United States western territory, reside the ordinary powers of domestic government. To each state belongs a governor, legislature, and judiciary of its own appointment, having power to pass all municipal laws for the security of the property and lives of all persons within its jurisdiction. Each state also trains and controls its militia, appointing its own officers, and the command of the state militia never devolves on the President of the United States, except in time of insurrection or invasion and when they are called into the service of the United States. To deprive the states of all right to in

terfere with the national power of the Union, they are by the constitution of the United States prohibited from entering into any treaty or alliance, from granting letters of marque and reprisal, from coining money, from emiting bills of credit, from laying duties on imports or exports, from making any thing but gold and silver a lawful tender in payment of debts, from passing bills of attainder, expost facto laws or laws impairing the obligation of contracts. And to insure republican conformity every state is prohibited from granting any title of nobility. The power of regulating intercourse between the states and with the Indian tribes is also withdrawn from the separate states. The powers of the states are domestic and municipal and not national or international. They are limited and qualified sovereignties with their national, inter-state and international powers transferred to the government of the United States.

The republic of the United States is therefore limited to the powers granted in the Constitution of the United States. Its powers are not only restricted, but its departments have divided and specific powers so that they may be efficient for good but easily checked if usurpation is attempted. The President elected for four years by electors chosen by the people, has the executive power and commands the army and navy and militia