people. But the people were at perfect liberty to accept or reject it, and their act was final. It required not the affirmance and could not be negatived by the State governments. The Constitution was thus

adopted.

4. "It has been said, that the people had already surrendered all their powers to the State sovereignties and had nothing more to give. But, surely, the question whether they may resume and modify the powers granted to government does not remain to be settled in this country. Much more might the legitimacy of the general government be doubted had it been created by the States. The powers delegated to the State sovereignties are to be exercised by themselves, not by a distinct and independent sovereignty created by themselves. For the formation of a league such as was the confederation the State sovereignties were certainly competent. But when, 'in order to form a more perfect union,' it was deemed necessary to change this alliance into an effective government, possessing great and sovereign powers and acting directly on the people, the necessity of referring it to the people, and of deriving its powers directly from them was felt and acknowledged by all.” Ch. J. Marshall, M'Culloch v. Maryland, 4 Wheat., 404.

5. "The Constitution of the United States was ordained and established by the people of the United

States, for themselves, for their own government and not for the government of the individual States." "The people of the United States framed such a government for the United States as they supposed best adapted to the situation and best calculated to promote their interests." Ch. J. Marshall, in Barron v. Mayor, etc., of Baltimore, 7 Peters, 242. See Story on Constitution, Secs. 351, 367.

6. "The Constitution of the United States was ordained and established, not by the States in their sovereign capacities, but emphatically as the preamble of the Constitution declares, 'by the people of the United States.'" Martin v. Hunter,.1 Wheat., 304324.

Mr. Tucker, in his Constitution of the United States, enters into an elaborate discussion. His contention is that the preamble means that the people of each of the States, by a convention thereof, ordained and established the Constitution. Tucker on Const., Secs. 123, 187. His view is that it was the people of each of the States rather than the people of the United States.

7. The United States constitute one nation.-"The people of the United States constitute one nation under one government, and this government within the scope of the powers with which it is invested is supreme. the other hand, the people of each State compose a State,

On

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

The case of Texas v. White arose on these facts. 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.