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having its own government, and endowed with all the functions essential to separate and independent existence. The State disunited might exist. Without the States in union there could be no such political body as the United States.” Ch. J. Chase, in Lane Co.v. Oregon, 7 Wall., 71. “Without them, (the States,) the general government would disappear from the family of nations.” Collector v. Day, 11 Wall., 125.

8. "That the United States form, for many purposes, a single nation is not denied. In war we are one people. In making peace we are one people. In all commercial regulations we are one people. In many other respects, the American people are one; and the government which is alone capable of controlling and managing their interests in all these respects, is the government of the Union. America has chosen to be in many respects, and to many purposes, a nation; and for these purposes her government is competent. The people have declared, that in the exercise of all the powers given for these objects, it is supreme. It can then in effecting these objects legitimately control all individuals or governments within the American territory. Cohens v. Virginia, 6 Wheat., 264, 413.

"The United States is not only a government, but it is a National government, and the only government, in this country, that has the character of nationality. It

is invested with power over all the foreign relations of the country, war, peace and negotiations and intercourse with other nations, all which are forbidden to the State governments." Knox v. Lee, 12 Wall., 457, 555. And as an incident of sovereignty it can exclude aliens from the country; and by act of Congress can abrogate a treaty with a foreign power. The Chinese Exclusion Case, 130 U. S., 581.

Nature of the Union.—"The union of the States never was a purely arbitrary and artificial relation. It began among the Colonies and grew out of common origin, mutual sympathies, similar interests, and geographical relations. It was confirmed and strengthened by the necessities of war, and received definite form, character and sanction from the Articles of Confederation. By these the Union was solemnly declared to be perpetual.' And when these relations were found to be inadequate to the exigencies of the country, the Constitution was ordained, 'to form a more perfect union.'" Texas v. White, 7 Wall., 725.

“Within its legitimate sphere, Congress is supreme, and beyond the control of the courts; but if it steps outside of its constitutional limitations, and attempts that which is beyond its reach, the courts are authorized to, and when called upon in due course of legal proceedings must, annul its encroachments upon the reserved power of the States and the people.” U. S. v. Reese, 92 U. S., 221.

“The Constitution in all its provisions looks to an indestructible union of indestructible States. There was no place for reconsideration or revocation except through revolution or through dissent of the States." Texas v. White, 7 Wall., 700, 725, 726.

The case of Texas v. White arose on these facts. The State of Texas at the time of its secession from the Union, held bonds of the United States payable to the State or bearer. The insurgent government sold these bonds, and they were purchased by the defendant in error, White, after they were due. He was charged with notice of defect in the title. The insurgent government could not divest the State of its title; and public property of a State, alienated during the rebellion by a usurping government for the purpose of waging war against the United States, may be reclaimed for the benefit of the State by a restored government, organized in allegiance to the Union.


SECTION 1. "All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

A statute (Act Feb. 28, 1793) attempted to impose upon the judges of the district courts the duty of taking evidence of claimants for pensions, and transmit such proofs and a list of the claimants to the Secretary of War. Some of the judges declined to execute the law, on the ground that the duties imposed were not judicial duties. A change in the law rendered decision of the question by the Supreme Court unnecessary. Hayburns Case, 2 Dall., 409 (note). See, post, p. 223.


SECTION 2. "(1) The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature."

1. Members thus chosen by districts, into which the State may be apportioned, represent the entire State in its sovereign capacity. McPherson v. Blacker, 146 U. S., 1.

2. The States in prescribing the qualifications of voters for the numerous branch of their own legislatures, do not do this with reference to the election of members of Congress. Nor can they prescribe the qualifications for voters for members of Congress eo nomine. They define who are to vote for the popular branch of their own legislature, and the Constitution of the United States says the same persons shall vote for members of Congress in that State. It adopts the qualifications thus furnished as the qualifications of its own electors for members of Congress.

It is not true, therefore, that electors for members of Congress owe their right to vote to the State law in any sense which makes the exercise of the right to depend exclusively on the law of the State. The right is based fundamentally on the Constitution which created the office of member of Congress and declared it should be elective, and pointed to the means of ascertaining who should be electors. In re Yarborough, 110 U. S., 651. 664.

“(2) No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

"(3) Representatives and direct taxes shall be apportioned among the several States which may be included

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