positive State, acting not only upon the sovereign members of the Union, but directly upon all its citizens in their individual

of Frederic III., of Denmark, his crown should devolve on Prince Christian of Schleswig-Holstein-Sonderbourg-Glücksbourg, and on the issue of his marriage with Louisa, born Princess of Hesse. By this arrangement several, both of the agnate and cognate lines were passed over. Hansard's Debates, vol. cxxiv. p. 440. Annuaire, &c., 1851-2, App. p. 961. Annual Reg. 1852, p. 441.

Contrary to the usage which prevailed with the Diet of the Confederation of 1815, which received foreign ministers, but did not maintain regular missions on its own part, there was an interchange of legations between the United States and the German Empire, the latter of which contemplated a national unity, like our own, with reference to foreign powers. Nor were the functions of these ministers confined to mere ordinary relations. In the project to create among other federal institutions a German navy, a war-steamer was purchased by the Imperial Government in the United States, the sailing of which was objected to in consequence of the existence of the war with Denmark, as a violation of the American neutrality act of 20th of April, 1818. The vessel was only permitted, after a protracted negotiation, to leave an American port, on a bond being executed in compliance with the statute, that it should not be employed to cruise or commit hostilities against any State with which the United States were at peace. nuaire des Deux Mondes, 1852-3, p. 485. Cong. Doc. 31st Cong. 1 Sess. H. of R. Ex. Doc. No. 5.

An

A reference to the events which have occurred, affecting the Constitution of Germany, would be incomplete without a notice of an institution, which has, for several years, exercised the most important functions in relation to matters usually regarded among the attributes of sovereignty.

One of the objects of the Federal pact of 1815 was the regulation of commerce between the different States. This duty was never, however, undertaken by the Diet, but in 1833 a commercial association between several of the States commenced, under the name of Zollverein, at the head of which was Prussia, and which, in 1845, numbered upwards of twenty sovereign States as members. Another association called the Steuerverein, was formed in 1834, between Hanover and Brunswick, and with which Oldenburg soon after united. Through these unions uniform tariffs were established, all internal custom-houses were abolished, and the duties collected by the frontier States, and distributed among the members of the leagues, according to their respective population. On 4th of April, 1853, a treaty was concluded between all the members of the two associations, (Zollverein and Steuerverein,) uniting them, and extending the existence of the Zollverein to 31st of December, 1865. This arrangement was preceded by a Treaty of Commerce between Austria and Prussia, of the 9th of February, 1853, by which, with the exception of certain monopoly articles, (tobacco, salt, &c.,) they agreed to remove every prohibition between the two countries, with respect to the exportation, importation, or the transit of merchandise. All the German States, which, on the 1st of January, 1854, or subsequently, should belong to the Zollverein, were to have the privilege of acceding to the treaty, as well as the Italian States, united, or which should be united, in a customs-union with Austria. Annuaire, &c., 1852-3, p. 494.

and corporate capacities. It was established, as the Constitution. expressly declares, by "the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to them and their pos

The Zollverein was not confined to the establishment of commercial intercourse between its own members, but it entered into treaties, through Prussia, whose government had a full power for that purpose, with foreign nations. One of this character, formed on the basis of equivalent and reciprocal reductions of duties, and to effect which had been the principal object of his mission at Berlin, was signed by Mr. Wheaton, on behalf of the United States, on 25th of March, 1844. But, though recommended by the President in two successive Annual Messages and in submitting the treaty to the Senate, the Committee of Foreign Relations of that body reported, that it was "an innovation on the ancient and uniform practice of the government to change (by treaty) duties laid by law;" that "the Constitution, in express terms, delegates the power to Congress to regulate commerce and to impose duties, and to no other; and that the control of trade and the function of taxing belong, without abridgment or participation, to Congress." The Senate having omitted to give their assent to the treaty before their adjournment, the Secretary of State, Mr. Calhoun, in communicating to Mr. Wheaton the result of their proceedings, with a view to the extension of the time for the exchange of ratifications, states, that the objections of the committee were opposed to the uniform practice of the government; and he refers to numerous treaties, which contain stipulations changing the existing laws regulating commerce and navigation, and duties laid by law. "So well," says he, "is the practice settled, that it is believed it has never before been questioned. The only question, it is believed, that was ever made was, whether an Act of Congress was not necessary, to sanction and carry the stipulations making the change into effect." The President had announced to the Senate that, when it was ratified, he would transmit the treaty and accompanying documents to the House of Representatives, for its consideration and action. Cong. Globe, 1843-4, p. 6. Id. 1844-5, p. 5. Cong. Doc. 28th Cong. 1st Sess. Senate-Executive, confidential. Mr. Calhoun to Mr. Wheaton, 28th June, 1844, MS.

It may here be noticed, that the objections made to the Zollverein treaty, founded on the competency of the treaty-making power of the Federal Government, seems no longer to be deemed tenable, inasmuch as the Reciprocity treaty of June, 1854, in reference to the trade between the United States and the British Provinces, though materially varying the existing tariff, was at once ratified, and a law to carry it into effect passed through Congress. U. S. Statutes at Large, 1853-4, p. 587.

Though not successful in any plan of Constitution which would make her sovereign the nominal, as well as real political, chief of Northern Germany, the effect of the Zollverein has been to make Prussia the representative of the minor States in their relations with foreign powers, not only in commercial affairs, but, as a reference to the Extradition Treaty with the United States will show, in other matters.]

terity." This constitution, and the laws made in pursuance thereof, and treaties made under the authority of the United States, are declared to be the supreme law of the land; and that the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstanding. Legislative power of the

The legislative power of the Union is vested in a ConUnion. gress, consisting of a Senate, the members of which are chosen by the local legislatures of the several States, and a House of Representatives, elected by the people in each State. This Congress has power to levy taxes and duties, to pay the debts, and provide for the common defence and general welfare of the Union; to borrow money on the credit of the United States; to regulate commerce with foreign nations, among the several States, and with the Indian tribes; to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcy throughout the Union; to coin money, and fix the standard of weights and measures; to establish post-offices and post-roads; to secure to authors and inventors the exclusive right to their writings and discoveries; to punish piracies and felonies on the high seas, and offences against the law of nations; to declare war, grant letters of marque and reprisal, and regulate captures by sea and land; to raise and support armies; to provide and maintain a navy; to make rules for the government of the land and naval forces; to exercise exclusive civil and criminal legislation over the district where the seat of the federal government is established, and over all forts, magazines, arsenals, and dock-yards belonging to the Union, and to make all laws necessary and proper to carry into execution all these and the other powers vested in the federal government by the Constitution.

Executive To give effect to this mass of sovereign authorities, power. the executive power is vested in a President of the United States, chosen by electors appointed in each State in such manner as the legislature thereof may direct. The judicial power extends to all cases in law and equity arising under the constitution, laws, and treaties of the Union, and is vested in a Supreme Court, and such inferior tribunals as Congress may establish. The federal judiciary exercises under this grant of power the authority to examine the laws passed by Congress and the several State legislatures, and, in cases proper for judicial determination, to decide on the constitutional validity of such

laws. The judicial power also extends to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign States, citizens, or subjects.

The treaty-making power is vested exclusively in Treatythe President and Senate; all treaties negotiated with power. making foreign States being subject to their ratification. No State of the Union can enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in the payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; grant any title of nobility; lay any duties on imports or exports, except such as are necessary to execute its local inspection laws, the produce of which must be paid into the national treasury; and such laws are subject to the revision and control of the Congress. Nor can any State, without the consent of Congress, lay any tonnage duty; keep troops or ships of war in time of peace; enter into any agreement or compact with another State or with a foreign power; or engage in war unless actually invaded, or in such imminent danger as does not admit of delay. The Union guarantees to every State a republican form of government, and engages to protect each of them against invasion, and, on application of the legislature, or of the executive, when the legislature cannot be convened, against domestic violence.

rican Union

federal

It is not within the province of this work to deter- The Amemine how far the internal sovereignty of the respective is a supreme States composing the Union is impaired or modified by government. these constitutional provisions. But since all those powers, by which the international relations of these States are maintained with foreign States, in peace and in war, are expressly conferred by the constitution on the federal government, whilst the exercise of these powers by the several States is expressly prohibited, it is evident that the external sovereignty of the nation is exclusively vested in the Union. The independence of the respective

States, in this respect, is merged in the sovereignty of the federal government, which thus becomes what the German public jurists call a Bundesstaat. (a)

(a) [Among the powers of the Federal Government of the United States once questioned, but now deemed to be settled by repeated precedents, universally acquiesced in, is that of acquiring foreign territory, and forming from it new States, This was done by the Treaty of 1803, with France, by which Louisiana was ceded; by the cession, in 1819, by Spain, of the Floridas; and by that of California and New Mexico, by Mexico, in 1848. All these treaties contain provisions, by which the inhabitants of the ceded territory were to be incorporated into the Union of the United States, as soon as might be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of all the privileges, rights, and immunities, of the citizens of the United States. The power of the General Government to acquire new territory was discussed in the Senate, on the occasion of the Louisiana Treaty, and was placed on the ground that the United States, in common with all other nations, possess the power of making acquisitions of territory, by conquest, cession, or purchase. In that case, it was also held, that it was competent for the treaty-making power to bind the United States, as between nations, to the admission of the ceded territory into the Union, even though the action of Congress, or an amendment of the Constitution, might be necessary to effect the object. The Supreme Court of the United States have also said, that the Constitution confers, absolutely, on the government of the Union the powers of making war and of making treaties; and, consequently, that that government possesses the power of acquiring territory, either by conquest or by treaty. And it was conceded in the argument, that the third section of the fourth article of the Constitution, authorizing the admission of new States into the Union, gives to Congress a power, only limited by their discretion, to admit as many new States as they may think proper, in whatever manner soever the territory comprising those new States may have been acquired. Elliot's Debates, vol. iv. p. 207. Peters's Rep. vol. i. p. 511.— American Insurance Company v. Canter. Story on the Constitution, vol. iii. p. 156-161.

The admission of Texas differs from the other cases, not only in being a merger in the American Union of a foreign republic, whose independence had been recognized by Great Britain and France, as well as the United States, but by the manner in which it was effected. The treaty previously negotiated for that purpose not having been ratified by the Senate of the United States, President Tyler made a communication, on 10th of June, 1844, to the House of Representatives, in which he offered his coöperation to effect the result, by any other expedient compatible with the Constitution. The two houses of Congress passed a resolution, approved by the President, 1st March, 1845, giving their consent that the territory included in the Republic of Texas might be erected into a State, to be called the State of Texas, with a republican form of government, to be adopted by the people of the said republic, by deputies, in convention assembled, with the consent of the existing government; in order that the same might be admitted as one of the States of the Union, on the conditions