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word is used in the Constitution as originally adopted. Dred Scott v. Sandford, 19 How., 393. And they can not sue as such citizens in a Federal court. Id.
The carrying of a person held as a slave into territory of the United States ceded to it by France did not divest the owner of his property in such slave.
The Act of Congress of March 6, 1820 (3 Stat. at L., 1545), commonly called “the Missouri Compromise,” held unconstitutional and void as it forbade slavery in a portion of the territory of the United States and interfered with the right of the slave owner to go there carrying his slave property with him. Id.
The fugitive slave law of Sept. 18, 1850 (9 Stat. at L., p. 462), held valid. Exclusive jurisdiction of offenses against that act was vested in the district courts of the United States, and State courts or judges have no jurisdiction nor power to discharge on writ of habeas corpus any person arrested by United States authority and committed by a United States commissioner. To discharge such person when it is made known to the court or judge issuing the writ, is to violate the laws and Constitution of the United States. Ableman v. Booth, 21 How., 506.
The guaranty of trial by jury was intended for a state of war as well as peace; and Congress can not invest a military commission in a State not invaded nor engaged in rebellion to try, convict and sentence for any criminal offenses, a person who was neither a prisoner of war nor a citizen of a State in rebellion. Ex parte Milligan, 4 Wall., 1. Such person is entitled to trial by jury. Id.
The provision that trials shall be held in the State where the crime shall have been committed, has reference to trials in United States courts and not to trials in State courts. Nashville, etc., R’y Co. v. Alabama, 128 U. S., 96.
FORMATION AND ADMISSION OF STATES INTO THE UNION.
SECTION 3, ARTICLE IV. “New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned as well as of the Congress."
Rights of State when admitted.—The State of Alabama, when admitted into the Union, became entitled to the soil under the navigable waters of the State not previously granted away. Pollard's Lessee v. Hagan, 3 How., 212. And Congress could not afterwards grant them away. Id.
The new States admitted into the Union since the adoption of the Constitution have the same rights as the original States in the tide waters and lands under them within their respective jurisdictions. Shively v. Bowl. by, 152 U. S., 48.
The lands and the tide waters within the State limits passed to the State upon its admission with the consequent right to dispose of the title as the State might think proper, subject only to the paramount right of navigation over the waters as the necessities of commerce might require. Weber v. Board of Harbor Commissioners, 18 Wall., 57.
The admission of a State on an equal footing with the original States in all respects, works collectively the naturalization of all those who had declared their intentions, and who had been members of the political community and were recognized as such at the time of the admission. Boyd v. Nebraska, 143 U. S., 135.
Upon the admission of Illinois into the Union the State became entitled to all the rights of dominion of the original States and could afterwards exercise the same powers over rivers within her limits as Delaware exercised over Blackbird Creek, and Pennsylvania over Schuylkill river. Escanaba Co. v. Chicago, 107 U. S., 678; Huse v. Glover, 119 U. S., 543, 546; Hamilton v. Vicksburg, etc., R’y Co., 119 U. S., 280, 285.
The provision in the act admitting California into the Union that all the navigable rivers within the said State shall be common highways and forever free, as well to the inhabitants of said State as to the citizens of the United States, without any tax, impost or duty, therefor," does not deprive the State of the power possessed by other States, in the absence of legislation by
Congress, to authorize the erection of bridges over navigable streams within the State. Cardwell v. Am. Bridge Co., 113 U. S., 205.
The power to admit new States includes the power to acquire territory to be admitted as a State, and to maintain a government there until the territory is ripe for admission. Dred Scott v. Sandford, 19 How., 393.
On the admission of a State into the Union unconditionally, the territorial government is abrogated, every part of it, and no power of jurisdiction remains except that derived from State authority, and that by force and operation of the Federal Constitution and laws. Benner v. Porter, 9 How., 235; McNulty v. Batty, 10 How., 72.
Territorial property passes to State on admission.A statute of the territory of Colorado authorized a board of managers to receive a conveyance of a site in Denver for the capitol of the territory. A conveyed by warranty deed a tract for such site to such board "for the purpose of erecting a capitol and other buildings thereon only.” The territory made no use of the land before the admission of Colorado into the Union. After its admission, A executed and put on record an instrument attempting to annul the gift and took and was in possession of the land when he brought the suit in equity praying that the board and State officers be enjoined from disturbing his possession until he should receive just compensation. Held, he could not maintain suit,
as all the property of the territory passed to the State; and the State, as the case showed, was about to construct buildings on the land. Brown v. Grant, 116 U. S., 207.
POWER OF CONGRESS OVER TERRITORIES, ETC.
"The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any par. ticular State."
The power to acquire and govern territories.—“The Constitution confers absolutely on the government of the Union the powers of making war and of making treaties; consequently that government possesses the power of acquiring territory, either by conquest or by treaty." Ch. J. Marshall in Am. Ins. Co. v. Canter, 1 Pet., 511, 542.
Under the power of the general government to govern the territories, Congress exercises the combined powers of the Federal and State governments and may legislate directly for a territory, although the organic act contains no reservation of such power. Id.
"Perhaps the power of governing a territory belonging to the United States, which has not, by becoming a State, acquired the means of self-government, may result necessarily from the facts that it is not within the power