§ 7. Before the year 1800, the seat of government was not permanently fixed at any place; and, being moved as it was from place to place, the public suffered great inconvenience. It had been temporarily established at the following places, at the following dates: Philadelphia, Sept. 5, 1774. Princeton, June 30, 1783. 3.- PUBLIC WORKS. § 8. If the National Government needs a site for the erection of a fort, magazine, arsenal, dock-yard, or any other building, there are two steps necessary to procure it: first, the consent of Congress; and, second, the consent of the legislature of the State in which the proposed site is. When the cession is made, the government comes into full possession; and now Congress may exercise over such place exclusive legislation. § 9. Unless the State of which such purchase is made reserves the right, no legal State authority can be exercised in such places, even to the serving of writs of any kind, civil or criminal. All judicial jurisdiction in such cases is national. If crimes are committed in such places, they must be tried in the United-States courts. Judge Story says, however, that the States have generally reserved in such cessions the right to serve all State processes, civil and criminal, upon persons found therein. § 10. The object of such reservations when they are made is, that these places shall not become retreats and asylums for fugitives from justice who may be guilty of crimes against State authority. Almost every State has more or less of these places within its limits subject to the jurisdiction of national authority. 4.- ALIENATION. § 11. The power to dispose of the territory belonging to the United States has been discussed in another place, and therefore need not be repeated here. (See Art. I. of Chap IV., Part II.) 5.-NEW STATES. § 12. By reference to the Articles of Confederation, it will be seen that Canada was to be admitted into the Union by "acceding to the Confederation, and joining in the measures of the United States; but no other (British) Colony was to be admitted unless such admission were agreed to by nine States. Nothing is to be found in those articles providing for the admission of new States into the Union. This was an important omission, as the events of our history since the adoption of the Constitution have proved. § 13. At the close of the Revolutionary War, there were immense tracts of vacant territory lying within the chartered limits of several of the States. These States, with this extensive domain, constituted, in part, the area of the Confederation. This vacant territory, as well as the territory of the States proper, had been wrested from British jurisdiction by the common efforts, sacrifices, treasure, and blood of the inhabitants of all the States engaged in the struggle. § 14. Several of the States were reluctant to ratify the Articles of Confederation, and refused to come into the Union unless this vacant territory should become the common property of the National Government. Congress earnestly urged the States holding this territory to surrender their claims for the common benefit of all the States. § 15. On the 10th of October, 1780, the Congress of the Confederation "Resolved, That the unappropriated lands that may be ceded or relinquished to the United States by any particular States, pursuant to a recommendation of Congress made 6th September of the same year, shall be disposed of for the common benefit of the United States, and be settled and formed into distinct republican States to become members of the Federal Union." § 16. This resolution also suggested that the necessary and reasonable expenses should be re-imbursed which any State had incurred since the commencement of the Revolutionary War in subduing any British posts, or in maintaining forts or garrisons within the country and for its defense, or in acquiring any part of the territory that might be ceded or relinquished to the United States. § 17. In pursuance of these recommendations of Congress, New York, Virginia, Massachusetts, Connecticut, South Carolina, North Carolina, and Georgia made the desired surrender of their respective claims to the aforesaid vacant lands. New York took the lead in the noble and generous sacrifice, March 1, 1781; and was followed by the other States, one after another, at various dates, ending with Georgia, April 24, 1802. § 18. Since that time, our territory has been vastly extended by the purchase of the Louisiana tract (1803) of France; by the purchase of Florida of Spain (1819); the annexation of Texas in 1845; the addition of California, by treaty with Mexico, in 1848; and by the recent purchase of nearly five hundred thousand square miles of Russian territory in North America. § 19. It was foreseen by the authors of the Constitution, that this power to admit new States into the Union would soon become necessary; and it was accordingly vested in Congress. Under this provision, the following States have already been admitted at the following dates respectively: 1. ELECTIONS. ART. XI.-STATES. May alter the times, places, and manner of holding elections for senators und representatives prescribed in the several States by the legislatures thereof, except as to the places of choosing senators. 15. 2. ELECTORS OF PRESIDENT AND VICE-PRESIDENT. May determine, 1st. The times when the States shall choose their electors of President and Vice-President of the United States. 2d. Also the day on which the electors shall give their votes; which day shall be the same throughout the United States. 55.. 3. ACTS, RECORDS, JUDICIAL PROCEEDINGS. May by general law provide the manner in which the public acts, records, and judicial proceedings of the sev eral States shall be proved, and the effect thereof. 71. 4. IMPOSTS AND DUTIES. May revise and control any State laws in reference to lay ing any imposts or duties on imports or exports. 52. 1.- ELECTIONS. § 1. It is left with the States to fix the times, places, and manner of holding their elections of senators and representatives in Congress; but, should they neglect to do this, Congress has jurisdiction over the whole subject, except as to the places of choosing senators. Each State can consult its own local convenience with regard to these elections; but it has no right to wholly neglect making the necessary provisions for holding them. § 2. Every government has the inherent right to provide for the perpetuity of its own existence. The Constitution could hardly contain a general election law applicable to the conveniences of all the States alike. The power here given to Congress is simply discretionary, not mandatory; and such a power must be vested somewhere. Judge Story says, "There were three ways in which it (this power) could be reasonably organized. It might be lodged either wholly in the National Legislature, or wholly in the State Legislatures; or primarily in the latter, and ultimately in the former." The last mode was adopted by the Convention. § 3. It is possible that a State might utterly refuse to provide for the election of senators and representatives. One State under the Confederation actually did withdraw its members from Congress to prevent the passage of important measures. What Rhode Island did then, another State might be disposed to repeat in substance, even if powerless to do it in the same manner. A State can not now withdraw its members; but it might attempt to prevent their election, and, but for the provision we are considering, might succeed in embarrassing legislation. § 4. The places of choosing senators are left unalterably with the legislatures of the several States. The power of Congress to dictate as to where they shall meet would be inconsistent with the necessary independence of the State legislatures. Congress has provided for the election of members of the House of Representatives by Congressional districts; and more recently they have exercised supervision to a limited extent over the manner of electing senators. |