The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1899-11-25

States'-By W. G. Bullttt Of the Frankfort
sKy.l bar. This volume Of the constitution,
with It's many changes and amendments, Is
written not only for lawyers, but for those
mot learned in the law. It Is strange how
few even among cultivated people have made.
q careful study Of this important document
which stands guard over the liberties of the
Nation millions. Our author discusses in
telligently and briefly the interesting events
which led up to the building OF the Federal
constitution. Without indulging in techni-.
calities, he defines the powers grantedto Con-
gress to lay and collect taxes; to borrow and
coin money; TO regulate commerce; to admit
army and navy; also the rights and privileges
given to the states, and the many safe uards
provided for the, protection OF life, liberty.
and property. and for the regulations of
courts. etc. One of his excellent chapters is
upon The Naturalization Laws, " and the
many questions arising UNDER them, and
whether treaties with foreign powers were in
conflict with them He says: 1.-THE right Of
expasriation lies at the foundation of the
American system and the United States can
not afford to surrender that right. The in
hsbitan1s of the colonies were British sub
jects at the time they severed the tie that
bound them to that kingdom, and constructed
charters thereof emanating from themselves.
ITO have admitted, as may be claimed by
reason of the treaties referred to, and a.
coatended by most Of the European nations.
that the consent of ones native country is
necessary to authorize him to sever his al
legiance to 1t, and to be lawfully naturaliZed
In any other country, would have prevented
our revolutionary ancestors from becoming
citizens of the Uatted States, until sane
tened by the treaty recognizing the in
dependence Of the several states Of the Union.
It also surrenders all that the United States
gained by the war Of 1872 against the right Of
searching our ships and taking searnen and
pressing them into tie service Of their native
country. During the late civil war large
numbers came from Germany and elsewhere
and enlisted in the army Of the United States
and served with distinction, and were
naturalized before remaining in this country
the five years. II said treaties express what
the law was at that time, it was binding on
the United States, and every such naturaliza-
ton was void.
Afr Bullitt nninta out the difficult questions
arising in the government Of the people in
the District of Columbia, and says:
1.-THE District Of Columbia the seat of
the government, was taken partly from the
state Of Maryland aud partly from the state
Of Virginia, in accordance with authority
granted. II this district constitutes sepa-
rate jurisdiction from the states within which
the respective parts are situated, it cannot
be state with a republican form of gov
ernment as long as Its lawmakers are chosen
by the states generally, and not by the poo
pie thereof, and the language Of the para
graph Is, to exercise exclusive legislation
In all cases whatsoever over such district
The Congress must do the legislation thereof
itself, and cannot authorize it to be done
BY any other organ or government
The Congress cannot exsend the English COM
nion law over said district, as it relates large
ly to royalty or classes of people, without
coming in conflict with the provision Of the
coEs titution prohibiting the granting of titles
o. nobility.
Nor can the Congress adopt the comm on
law OF any Of the skates without preventing
every sOther state from changing its own
laws IN relation thereto. Nor is it possible
to compress the laws of the several states
relating to- marriage, descent, and distribu-
ton; tenures Of title to real estate, evidences
Of title to personal property; of contracts, the
extent contracts shall be guarded by statutes
OF frauds and perjuries; nor of. trade and
traffic to be carried on by the citizens there
off,
The constitutional provisions concerning
| the, choosing of electors are little under
stood by even intelligent voters nor how
safeguards had to be thrown around these
provisions to prevent disaster. The original
PLAZA was for electors to vote by states. but
1t was early seen that this would lead to
trouble. In 1900 Jefferson and Burr got ex-
! actly the same electoral vote It then devolved
upon the House to decide, voting by states
I dhu ACI 1uOlViuudlly,s RuO LQeQ again the re-
| SUIT was a:tie, and decisive result was only
! reache d.sw1th difficulty Had the House
failed wholly to elect, the results might have
| been very serious. An amendment to the
| constitution was made in 1903, which relieved
| The situation Of much Of its danger. There is
further a special guard in the provision that
| the President and Vice President shall be
from different states. Concerning the count
ing OF the electoral vote Mr. Bullitt says.
! THE language of the constitution is: The
| certificates shall be opened by the President
Of the Senate, in the presence of the Senate
votes shall then be counted. This cannot be
construed to require the counting of votes UNI
less they were legally cast No one will
contend that if by counting the votes, it would
elect the Prince of Wales. or any foreign
Prince, or one who was foreign born, or less
than 50 years OF age, the votes must
DC counted, however clearly the certificates
may show on their face that the vote was
taken and certified to in every respect ac-
cording to law. But, as before sh own the
Congress being divided into two houses, and
! each being required to act separately in en- i
acting laws, and in doing all other things, ex-
| cept wherein they may be representations
lied to- act together, the vote Of no state
aDDearing on the face thereof To ha d.
fcctive. or Informal can be counted, unless
! each house shall by separate act concur in
| counting the vote. Nor can the vote of any
!
| thereof, to be formal and valid, be rejected.
unless the two houses shall by separate acts
concur In rejecting 1t. The vote Of every
state appearinggto be formal must be counted,
Unless the two houses agree by separate ac-
! tion lot to count It. And on the contrary.
the vote of no state appearing on the face
I cf the certificate thereof to be defective, can
lawfully be counted unless the two houses
by separate action concur in counting Il But
| the eonztituttonaI provision is silent to
bow the counting Of a defectively certified
vote. or votes appearing on the, face OF the
certificate thereof to be formal shall be re-
}ected or counted. 35
Any motion to reject or count a vote must
be made after the counting begins and before
1t is concluded, for II he delayed until the
vote shall have been counted, 1t will be too
late, as the counting OF the vote amounts to
decision by the Congress, from which there
is no appeal, nor can the Congress itself sci
aside that judgment and make new count OF.
change the result Of the Judgment by the first
counting of the vote. The counting of the
vote must be in the presence OF the Senate
and House of Representatives. and when the
votes shall be SO counted it must be final, and
the Congress must declare the result thereof,
which constitutes final and irrevocable judg-
ment of the Congress, and there Is no au-
thority for the Congress itself to reconsider
that count. = 5.sSs
Mr.. Bu1litt waits until he reaches the four
stitution; to turn aside from all the dignity
and prophecies OF such volume, and become
pettifogger, injecting into his work such
stump speeches as are usually addressed to
crossroads political meetings. He declares
that natives born of African descent could
not be added to the family OF sovereign citi-
zens Of the United States by any. amend