10. The United States of America is a nation, possessing the character and attributes of sovereignty and independ

ence.

11. Politically speaking, the United States is a union of separate commonwealths, called "states." Territorially it includes:

(a) The states.

(b) The territories.

(c) The District of Columbia.

Definition of "Nation."

A nation is a people, or aggregation of men, existing in the form of an organized jural society, inhabiting a distinct portion of the earth, speaking the same language, using the same customs, possessing historic continuity, and distinguished from other like groups by their racial origin and characteristics, and generally, but not necessarily, living under the same government and sovereignty. Besides the element of autonomy or self-government, that is, the independence of the community as a whole from the interference of any foreign power in its affairs or any subjection to such power, it is further necessary to the constitution of a nation that it should be an organized jural society, that is, both governing its members by regular laws, and defining and protecting their rights, and re

specting the rights and duties which attach to it as a constituent member of the family of nations,

The word "nation" is to be distinguished from the related terms "people," "state," and "government." The people constitute the nation. But when we speak of the people, we use the term to designate those who live within the territory of the nation and who belong to it by such residence and by race and community of customs and characteristics, without implying the idea of government. The word "nation" adds to this conception the idea that the "people" are organized into a jural society and occupy a position among the independent powers of the earth. But the term "nation" is more nearly synonymous with "the people" than is the word "state." The last term denotes a single homogeneous political society, or body politic, organized and administered under one government and one system of law. It is not so much used to characterize the inhabitants of the country, as to convey the idea of the government as a unit. A nation may be politically divided into several states, as was formerly the case in Italy. And conversely, one state may comprise several nations or parts of nations, as is the case in the Austro-Hungarian Empire. But such conditions are anomalous. Normally, the nation and the state are the same. The word "government" is properly used to denote either the act of administering the political affairs of a state, or the system of polity therein prevailing, or the aggregate of persons who, for the time being, are intrusted with the administration of the executive, legislative, and judicial business of the state. The United States a Nation.

From the foregoing it will easily be seen that the United States, considered as a unit, possesses all the characteristics and attributes, and is entitled to the designation, of a nation. It is composed of one people, united by language, customs, laws, and institutions, as well as by birth on the soil or adoption into the family of native citizens. It has the character of an organized jural society, governed, in all things concerning the whole people, by one system of law and one constitution. It occupies a distinct portion of the earth's surface. It acknowledges no political superior. It has also an inherent and absolute power of legislation; for a mo ment's reflection will show that the present apportionment of legBL.CONST.L.-2

islative power between the United States and the states rests solely on the will of the people, who constitute the nation. Definition of "Sovereignty."

The term "sovereignty" denotes the possession of sovereign power or supreme political authority, including paramount control of the constitution and frame of government and its administration. It is the self-sufficient source of political power, from which all specific political powers are derived. It describes the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation.1 "In the intercourse of nations, certain states have a position of entire independence of others, and can perform all those acts which it is pos sible for any state to perform in this particular sphere. These same states have also entire power of self-government, that is, of independence of all other states so far as their own territory and citizens not living abroad are concerned. No foreign power or law can have control except by convention. This power of independent action in external and internal relations constitutes complete sovereignty." :

Two Aspects of Sovereignty.

It will be perceived that sovereignty has two sides or aspects, the external and the internal. On the external side, it means that the state spoken of is not subject to the control, dictation, or government of any other power. It necessarily implies the right and power to receive recognition as an independent power from other powers, and to make treaties with them on equal terms, make war or peace with them, send diplomatic agents to them, acquire territory by conquest or occupation, and otherwise to manifest its freedom and autonomy. As the individual, in a free country, is the equal of all his fellow citizens in civil and political rights, though perhaps not in ability, influence, or power, so the sovereign state is the equal of all other states in the family of nations, in respect to its rights, though not in its prestige, territory, or power. All independent states are bound by the rules of international law. But this law is established by their concurrent consent, and as it 1 Black, Law Dict. "Sovereignty." 21 Wools. Pol. Science, p. 204. The Antelope, 10 Wheat. 66, 122.

operates upon all alike, it is no derogation from the sovereignty of any. On the internal side, sovereignty implies the power of the state to make and alter its system of government, and to regulate its private affairs, as well as the rights and relations of its citizens, without any dictation, interference, or control on the part of any person or body or state outside the particular political community. Every statute is a manifestation of sovereignty. But where the country is governed under a written constitution, intended to endure against all change except by the solemn expression of the will of the people, the ultimate test of sovereignty must be found in the right and power to alter the constitution of government at will. If this power is possessed by the people of the particular state, or by any determinate persons or body within the state, free from all interference by any exterior power and from the binding force of the constitution or laws of any exterior power, then the state is entitled, in this respect, to be called a sovereign state, and that power or body within the state which possesses this power to change the constitution is the sovereign therein.

Sovereignty of the United States.

The United States possesses the character of a sovereign nation. The constitution confides to the general government plenary control over all foreign relations. The power to make treaties, send ambassadors and consuls, declare war and make peace, to regulate foreign commerce, to establish a uniform rule of naturalization, to define and punish offenses against the law of nations, to maintain an army and a navy, and generally to act as a nation in the intercourse of nations, is confided to the national authority alone. Moreover, the United States, as a political community, possesses absolute and uncontrolled power of legislation as concerns its internal affairs. That it could not be interfered with in the exercise of this power by any foreign power or by any one of the component states, is self-evident. Nor is it any objection to this proposition that the constitution, as it stands at present, has limited the sphere of operations of the national government. For the same power which established the constitution, namely, the people of the United States, could change it at will. It is no derogation from the powers of sovereignty that the body in which resides the

ultimate sovereign power has chosen to restrict the legislative power which it grants to its representatives. At present, certain matters are not intrusted to the regulation of congress, but are left to the action of the several states. But there can be no question that all such matters, if it should seem good to the people, might be withdrawn from the sphere of state activity, and placed under the paramount control of the Union. An inherent supreme power of legislation resides in the people who possess the sovereignty of the United States.

The States.

In American constitutional law the word "state" is generally employed to denote one of the component commonwealths of the American Union. These states, as will presently appear, are not sovereign. Neither are they nations, in any proper sense of the term. They are political communities, occupying separate territories, and possessing powers of self-government in respect to almost all matters of local interest and concern. Each, moreover, has its own constitution and laws and its own government, and enjoys a limited and qualified independence.

The Territories.

The position of the territories, in our system of government, is somewhat analogous to that of colonial dependencies, though it finds no exact parallel in past or contemporary history. The territories are not states of the Union. They do not possess full powers even of local self-government. They are subject to the exclusive jurisdiction and legislation of congress, although they are practically intrusted with a considerable measure of authority in respect to the government of their purely local affairs. Their officers are appointed by the President, and the acts of their legislative assemblies are liable to be overruled or annulled by the federal legisla

It may be said that they are held in tutelage by the general government; that their territorial condition is transitory and that their system of government is temporary and provisional only. For it is always understood that the people of a territory are destined to create and maintain a state government as soon as, in the judg ment of congress, they shall be prepared therefor, and be admitted to the Union on an equality with the older states. "The territories