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CHAPTER XXVII.

DISTRIBUTION OF THE POWERS OF GOVERNMENT.

1. It has been before remarked that each State government acts by itself in all matters which belong to that State alone. In the national government, all the States act together in all matters which belong equally to all the States. Those powers which have been confided to the national government are prohibited to the State governments. The national government provides for the common defence. It raises and supports its army and its navy. No State government can keep troops or ships-ofwar in time of peace, without the consent of Congress. The national government declares war; but no State government can engage in war unless actually invaded, or in such imminent danger as not to admit of delay.

2. The national government enters into treaties with foreign governments; but no State can enter into any treaty, alliance, or confederation. The national government levies and collects duties on goods imported from foreign countries, which duties are uniform throughout the United States; but no State can levy such duties, without the consent of the national government. The national government coins money, regulates the value thereof, and the value of foreign coin; but no State can coin money, nor make any thing but gold and silver a tender in payment of debts.

3. The national government establishes post-offices and

1. In what does each State government act by itself? In what matters do all the States act together? What government raises and supports the army and navy?

2. Which government forms treaties with foreign nations? Which government coins money? Can the State governments perform any of these acts?

3. Which government establishes post-offices and defines and punishes

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post-roads, and regulates the same; but the State governments have no control of the postal arrangements of the country. The national government grants copyrights and patent-rights to authors and inventors; but the State governments have no such power. The national government defines and punishes piracies and felonies committed on the high seas, and offences against the law of nations; the State governments have no such power; but they define and punish all crimes committed within the State.

4. The national government exercises exclusive jurisdiction and legislation in all cases whatsoever over the district which has become the seat of government of the United States; and it exercises exclusive or concurrent jurisdiction over all places purchased from the States (in which the same are located), for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. The national government cannot grant titles of nobility; neither can the States grant titles of nobility. The powers not delegated to the national government by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The national government guaranties to each of the States in the Union a republican form of government, and protects them against invasion. On application of the legislature, or of the governor when the legislature cannot be convened, the national government will protect the State against domestic violence.

5. The State government, in their right of sovereignty, possess the original and ultimate title to all the lands within the jurisdiction of the State. The citizen holds his

piracies committed on the high seas? What crimes do the States define and punish?

4. What government legislates for the District of Columbia? What jurisdiction does the national government exercise over places procured from the States for the erection of forts, magazines, arsenals, and dockyards? What does the national government guaranty to each State government? When will the national government protect a State against domestic violence?

5. In which government is the title to the lands? How does the citi

lands subject to the superior title of the people of the State. The State may take such lands or other property for public use, upon payment of a just compensation therefor. On failure of title for defect of heirs, the title reverts to the State. Hence, the State has exclusive authority to make all laws regulating the acquisition, the enjoyment, and transmission of all the real and personal property within the State.

6. The State-1. Regulates the descent of the property of its citizens who die intestate; 2. Grants to its citizens. power to devise or bequeath their property by last will and testament; 3. Defines the right of the widow to dower, and the right of the husband to courtesy; 4. Defines the powers and duties of executors and administrators; 5. Creates corporations; 6. Regulates the boundaries of towns, counties, and districts; 7. Prescribes the mode of selecting its public officers; 8. Organizes its militia for the defence of the State; 9. Regulates the assessment and collection of taxes; 10. Provides for the public instruction of the children of the State; 11. Establishes and regulates highways, bridges, and ferries; 12. Provides for the support and maintenance of the poor; 13. Provides employment for beggars and vagrants; 14. Regulates the navigation of rivers; 15. Prescribes the manner of creating and annulling the marriage contract;- 16. Defines the effect of such contract upon the property of the parties to the contract; 17. Defines the mutual rights and duties of parent and child, guardian and ward, master and servant; 18. Establishes its courts of justice; 19. Provides for the protection and enforcement of right, and the redress and prevention of wrong; 20. Defines the various crimes, and affixes the degree of punishment. These rights, powers, and duties belong exclusively to the State; and no other

zen hold his lands? For what purpose may the State take the lands or other property of the private citizen? Upon what condition? On failure of title for defect of heirs, to whom does the title revert? What laws has the State exclusive authority to make?

6. What other matters belong exclusively to the Stat

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government has a right, under any pretence, to interfere with these domestic rights of the State.

7. The national government, in addition to the powers and duties already mentioned, regulates the boundaries of States; controls and regulates the national territories, and provides for their admission as States; controls the sale of the national lands; makes all laws in reference to internal improvements; holds and controls all forts, magazines, arsenals, and navy-yards; establishes uniform rules of naturalization; and takes such lands or other property as may be necessary for public purposes, upon payment of a just compensation therefor, when the safety and welfare of the nation shall require it.

CHAPTER XXVIII.

CONSTITUTIONS, HOW AMENDED.

1. CONGRESS can propose amendments to the national constitution, and the several legislatures can propose amendments to the State constitutions.

2. On the application of the legislatures of two-thirds of the States of the Union, Congress shall call a convention to propose amendments. When the legislature of the State pass an act authorizing the electors to vote for or against holding a convention to revise the State constitution, and a majority of the electors in the State vote in favor of such convention, the legislature provide by law for the election of delegates to such convention.

7. What other powers and duties, in addition to those already mentioned, belong to the national government?

1. Who may propose amendments to the national constitution? Who may propose amendments to the State constitutions?

2. On whose application will Congress call a convention to propose amendments? On whose application will the legislature provide by law for the election of delegates to a convention to revise the State constitution?

3. The proposed amendments made by Congress to the national constitution must be ratified by the legislatures of three-fourths of the several States. The proposed amendments made by the legislature to the State constitution must be ratified by the electors in the State by a vote of a majority. Such amendments, so ratified, both State and national, become parts of the constitutions.

4. We have already examined the principal provisions of our State and national constitutions. All the law in reference to the several subjects mentioned is not contained in the constitutions. We shall state some additional provisions in their appropriate places.

CHAPTER XXIX.

SOURCES OF AMERICAN LAW.

1. It is proper here to state that the several colonies, before the Revolution, were bodies politic and corporate. They had their legislative, executive, and judiciary powers and departments of government. They acknowledged allegiance to the government of Great Britain, and claimed the great body of the English law as their law. The Colonial Congress which met at Philadelphia on the 5th of September, 1774, declared unanimously, "That the inhabitants of the English colonies in North America, by the immutable law of nations, the principles of the English constitution, and the several charters or compacts, are entitled to the common law of England, and to the benefit of

3. How must the amendments proposed by Congress be ratified? How must amendments proposed by the legislature be ratified? What effect do these amendments have when duly ratified?

4. What have we already examined? Is all the law in reference to these subjects contained in the constitutions?

1. What were the several colonies before the Revolution? What departments of government did they have? To whom did they acknowledge allegiance? What did they claim? To what did the Colonial

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