The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1899-11-04

5States''-By w. g. Bullitt OF the frankfort
(Ky.) bar. This yolums Of the cons .itu.lo1,
with Its many changes and amendments, i:
written not only for lawyers, but fer those
mot learned in the law. It is strange how
few even aMchg cultivated people have mace
a careful study Of this important document
which stands guard OVERTIME LIBERTIES of the
Nations millions. Our author discusses in
diligently anu, briefly the interesting events
which led up to the building of the Federal
constitution Without induiging in techni
calities, he defines the powers grantedto Con-
gross to lay and coiiecu taxes; to borrow ana
coin moLey; to regulate commerce; to admit
new states;to declare war; to maintain an
army and navy; also the rights and privileges
given to the states, and the many safeguards
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: The right Of
repatriation lies at the foundation Of the
American system and the United States can
not afford to surrender that right. The in
habitants 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 as
cCatended by most of the sEuropeansnat1ons,
that the consent Of ones native country is
necessary to authorize him to sever his al
legiance to it, and to be lawfully naturalizsd
in any other country, would. have prevented
our revolutionary ancestors from becoming
citizens Of hctSUnited 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 CT 1872 against the right. Of
searching our ships and taking sea1nen 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 If.said treaties express what
the law was at that time, it was binding on
the United States, and every such natural liza
ton was void"
Mr.. Bullitt points out the difficult questions
arising in the government Of the people in
the District of Columbia, and says:
"The District Of Columbia, the seat of
the government, was taken partly from the
state of Maryland and partly from the stats
Of Virginia. in accordance with authority
/ granted. If this district constitutes sepa-
rate jurisdiction from the states within which
the respective parts are situated, itcannot
be a, state with a republican formsof gov:
eminent as long as its lawmakers are chosen
by the; states generally, and not by the peo-
pie thereof and the language Of the para
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 exs end the English COM
mon law over said district, as it relates large
ly to royalty or classes Of people, without
coming in conflict with the provision Of the
constitution prohibiting the granting Of titles
OF nobility. 5.
Nor can the Congress adopt the common
law of any of the states without preventing
every other state from changing its own
laws in relation thereto. Nor is 1t possible:
to compress the laws of the several states
relating to marriage, descent, and distribu-
ton; tenures CT 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:
of.'s $40 ~ ~ 81
The constitutional provisions concerning
the choosing OF electors are little UNDER
staod 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
and not individually, and then againsthe re-
suit was tie, and decisive result was only
reached with difficulty. Had the House
failed wholly to elect, the results might have
been very serious. An amendment to the
constitution was madesin 1903, which relieved
the situation CT much Of its danger There is
further 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.. Bullltt says. a@
'The language of tie constitution is: The
certificates shall be opened by the President
Of the SenateyS;in the presence of the Senate
and the House Of Represent atives, and the
votes shall then be Counted . This cannot be
construed t0require the counting Of votes I'M
| less they were legally cast. Noeone 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
be counted, however clearly the certificates
may show on their face that the vote was
taken and, certified to in every respect ac-
cording to Jaw. But, as before shown, the
Congress being divided into two houses, and
each being required to act separately In en- ;
acting laws, 5andin doing all otherthings, ex-
cepty wherein. they may be expressly author
lied to act together, the vote Of no state
appearing on the face thereof to be de-
fective,, or informal, can be,counted, unless
eacl house shall by separate act concur III
S-Elst the vote. Nor can the vote CT any
state appearing on the face OF the certificate
unless the two houses shall by separate acts
concur In rejecting it. The vote of every
state appearing to be formal must be csunted
unless the two houses agree by separate ac-
ton not to count it. And, on the contrary,
the .vots1.of no state appearing on the face
q the certificate thereof to be defective. can.
lawfully be counted unless the two houses
by separate action concur in scountingit But
the constitutional provision Is silent as to
how the counting OF q defectively certified