court denies the validity of his claim, and decides the following points :

First. Negroes, whether slave or free, that is men of the African race, are not citizens of the United States, by the constitution. Second. The ordinance of 1787 had no independent constitutional force or legal effect subsequently to the adoption of the constitution; and could not operate of itself to confer freedom or citizenship within the northwest territory on negroes, not citizens by the constitution.

Third. The provision of the act of 1820, commonly called the Missouri compromise, in so far as it undertook to exclude negro slavery from, and communicate freedom and citizenship to, negroes in the northern part of the Louisiana cession, was a legislative act exceeding the powers of Congress, and VOID, and of no legal effect to that end.

In deciding these main points the supreme court determined the following incidental points :

First. The expression "territory and other property" of the Union in the constitution applies "in terms" only to such territory as the Union possessed at the time of the adoption of the constitution.

Second. The rights of citizens of the United States emigrating into any federal territory, and the power of the federal government there, depend on the general provisions of the constitution, which defines in this, as in all other respects, the powers of Congress.

Third. As Congress does not possess power itself to make enactments relative to the persons or property of citizens of the United States in a federal territory, other than such as the constitution confers, so it cannot constitutionally delegate any such powers to a territorial government organized by it under the constitution.

Fourth. The legal condition of a slave in the state of Missouri is not affected by the temporary sojourn of such slave in any other state, but on his return his condition still depends on the laws of Missouri.

As the plaintiff was not a citizen he, therefore, could not sue in the courts of the United States. The suit must be dismissed for want of jurisdiction.

This decision settles an unsteady practice which has influenced party rancor and virulence. A slave is not born as a citizen, and does not acquire by simple manumission citizen rights, any more than an immigrant acquires such a right by mere immigration. The judgment is plain and just, and in regard to the increasing Mongolian immigration very seasonable.

LETTER XXXIV.

Guaranty of a Republican Form of Government. — Protection against Invasion and Domestic Violence. Switzerland. Hanse Republics. Monarchs. —Greeks. — King Philip. — Amphyctionic Congress. European Opinion of the American Political System. - Rev. T. S. Hughes's Opinion. - Dangers of our Republic to the whole World.

We shall soon be through the constitution. It disposes in

SECTION IV.

"The United States shall guaranty to every state in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature can not be convened), against domestic violence."

Harmony in a confederation requires that the forms of the government be of the same kind. Republics and monarchies never will form a real confederation. We see how the monarchs are treating Switzerland or the little Hanse republics in Germany. The Greeks, by admitting King Philip to their republican Amphyctionic Congress, sapped the foundation of their confederacy, ending in their subjection to the Macedonians.

Congress is by this clause pledged to guaranty free governments, the most simple, the most natural, and the best, if not permitted to be abused by lawless and unpatriotic men. The clause is plain by itself. Of the common defense, in case of invasion, we have read before. In case of domestic violence against the governments Congress shall also provide protection. As long as the trouble is merely local, and, of course, not endangering the state government, Congress has no right to interfere; for, in a wellgoverned state, where the executive has a sharp look upon the

execution of the laws, there will always be force enough to assist the authorities in carrying out the laws in such instances.

European statesmen and writers hold the opinion, that in this constitution too little power is given to the federal government over the state legislatures, which they generally call provincial legislatures. But all who study the federal constitution with an eye and keen instinct for business will discover, that in the very little or no power at all Congress has over the state governments is the very strength of our system. The states, being all republics, have only to care for the good management of the municipal public business. This is or should be their ambition. Congress, on the other hand, is appointed to manage the national business well. Therein may its members exhaust all their ingenuity and ambition. If both institutions act their parts well, and the people are well able to control them practically, the American system of organizing society and managing their public affairs, must necessarily be the best men can devise. When one of those writers (Rev. T. S. Hughes, in his English History) says, that our republic is destined, for a time at least, to be the great disturbing force of Europe, if not of the world, and so potent for mischief, that it becomes a question whether it would not be sound policy for all European states to combine for the purpose of curbing its encroachments, and counteracting its designs, he little understood the merits of this system, and the pivot upon which it moves. that Europe has to do is to let America alone. There is not the least danger that this republic will disturb Europe, unless forced to resent injurious meddling with their interest. Our internal troubles (there will be always some) will be trifling, if we do not neglect the voting laws and the distributing of society.

All

LETTER XXXV.

Amending the Constitution. - Check upon large States. - Public Debts.· Supreme Law of the Land. - Higher Law Reveries. - Religious and Moral Precepts.- Channing. - Philosophical Opinions and Truths, no Law. Sharpe's Rifles.

THOSE who made this constitution were honest enough to admit it might not be so perfect as they wished to make it, and therefore provided how it might be improved.

ARTICLE V.

Of Amendments.

"1. The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes as part of this constitution when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment, which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate."

The limitations indicated in this article refer to the prohibition of the introduction of slaves, and in the mode of levying a capitation or direct tax, not to be changed so long as slave property could be increased by importation, and to the representation of the states in the senate. The first and second restrictions are compromises, and the third a check upon the influence of large states, of which I have spoken before, but which requires a special law of Congress, also in regard to their influence in the house of repre

sentatives.

ARTICLE VI.
Miscellaneous.

"1. All debts contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation."

It is but just, since changes of the form of government do not rescind, change, or destroy the obligations between governments and citizens. This is often forgotten in revolutionary times, which invariably increase prior public debts.

"2. This constitution, and the laws of the United States, which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."

This plainly settles all higher law reveries. I respect deeply all religious or moral precepts. They ought to be the fountain from which our legislators should draw their wisdom: they should be the rules of our life. But what is considered by Channing, in his writings on slavery, the duty of free states, spiritual freedom, etc., and by his followers, higher law, is no political authority, no law, to be executed, but merely a sentiment, an opinion, an ideal. Who is not satisfied with our supreme law, as it stands, and with the laws made under it, must, in this free country, not rebel against them, but quietly suffer them or expiate himself, as hundreds and thousands do in Europe, who do not like the established laws there. All other expedients are unworthy of a republican citizen and an honest man, notwithstanding anything to the contrary in the theological, philosophical, metaphysical, and poetical systems and doctrines. These are all very well in their way, but, if there shall not be confusion without end, LAW must be their guiding star as it is that of a good people. I love our federal constitution and our system of governing, because, under it, people may enjoy the greatest spiritual freedom, expand freely their noblest faculties, so far as circumstances permit. Let then the philosophers develop the truth, but not enforce their opinions with Sharpe's rifles. Every good thing has its proper time for use.

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