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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 Treaty
making the President and Senate; all treaties negotiated with power. 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 imininent 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. It is not within the province of this work to deter- The Ame
rican Union mine 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
The Swiss Confederation, as remodelled by the fede- $25. Swiss ral pact of 1815, consists of a union between the then tion. twenty-two Cantons of Switzerland; the object of which is declared to be the preservation of their freedom, independence, and security against foreign attack, and of domestic order and tranquillity. The several Cantons guarantee to each other their respective constitutions and territorial possessions. The Confe
contained in the resolution. The conditions having been accepted by the Executive Government, the Congress and people of Texas, in convention, and a State Convention, having formed a Constitution, which was laid before Congress, Texas was, on 29th December, 1845, admitted into the Union, on an equal footing with the original States. Congressional Globe, 1843-4, Part I. p. 6, 662. Id. Part II. p. 448. United States Statutes at Large, vol. v. p. 797. Id. vol. ix. p. 108.
There is an apparent departure from the principle, that all negotiations with foreign powers must be with the General Government, and that foreign powers are not to interfere in the relations between the United States and individual States, in the provision contained in the fifth article of the Treaty of August 9th, 1842, that certain payments should be made by the government of the United States to the States of Maine and Massachusetts. This stipulation, which might be construed to justify foreign interference with our federal relations, was deemed by Lord Ashburton to call for a disclaimer, on the part of Great Britain, of the assumption of any responsibility for these engagements, his negotiations having been with the General Government only. Lord Ashburton to Mr. Webster. Webster's Works, vol. vi. p. 289.
. But though the government of the United States is, under the Constitution, alone competent to contract with a foreign power, a treaty may contain provisions requiring, as preliminary to its going into operation, the passage of laws, or the performance of other acts by the individual States; but such conditions would no more make them parties to the negotiation than the British American Provinces are to the Convention of the 5th of June, 1854, between the United States and Great Britain, to which the subjoined remarks of the American Attorney-General refer:- “In the case of that treaty, it is stipulated between the high contracting parties that, before it shall take full effect, certain laws shall be enacted by the Provincial Parliaments of Canada, New Brunswick, Nova Scotia, and Prince Edward's Island; but that stipulation is entered into not for any object of the United States, but for purposes of the domestic policy of the British Government, in its relation to those provinces. In like manner, the Federal Government, if it had seen cause, might have proposed a correspondent stipulation, in regard to its coast fisheries; for instance, that the treaty should take effect as to that matter only, on condition of certain laws being enacted by the Legislative Assemblies of such of the several States of the Union as are specially affected by that part of the treaty, in having their coast fisheries thrown open to the subjects of the United Kingdom. But if such a stipulation had been proposed, it would have been for considerations appertaining to the relation of the Federal Government to the individual States of the Union, and not on account of any relation of theirs to the United Kingdom.” Opinion of Mr. Cushing, Attorney-General, Oct. 3, 1854.]
deration has a common army and treasury, supported by levies of men and contributions of money, in certain fixed proportions, among the different Cantons. In addition to these contributions, the military expenses of the Confederation are defrayed by duties on the importation of foreign merchandise, collected by the frontier Cantons, according to the tariff established by the Diet, and paid into the common treasury. The Diet consists of one deputy from every Canton, each having one vote, and assembles every year, alternately, at Berne, Zurich, and Lucern, which are called the directing Cantons, (vorort.) The Diet has the exclusive power of declaring war, and concluding treaties of peace, alliance, and commerce, with foreign States. A majority of three fourths of the votes is essential to the validity of these acts; for all other purposes, a majority is sufficient. Each Canton may conclude separate military capitulations and treaties, relating to economical matters and objects of police, with foreign powers; provided they do not contravene the federal pact, nor the constitutional rights of the other Cantons. The Diet provides for the internal and external security of the Confederation ; directs the operations, and appoints the commanders of the federal army, and names the ministers deputed to other foreign States. The direction of affairs, when the Diet is not in session, is confided to the directing Canton, (vorort,) which is empowered to act during the recess. The character of directing Canton alternates every two years, between Zurich, Berne, and Lucerne. The Diet may delegate to the directing Canton, or vorort, special full powers, under extraordinary circumstances, to be exercised when the Diet is not in session ; adding, when it thinks fit, federal representatives, to assist the vorort in the direction of the affairs of the Confederation. In case of internal or external danger, each Canton has a right to require the aid of the other Cantons; in which case, notice is to be immediately given to the vorort, in order that the Diet may be assembled, to provide the necessary measures of security.'
Constitu- The compact, by which the sovereign Cantons of tion of the Swiss Con- Switzerland are thus united, forms a federal body, compared which, in some respects, resembles the Germanic Con- . with those of the Ger- federation, whilst in others it more nearly approximates
1 Martens Nouveau Recueil, tom. viii. p. 173.
to the American Constitution. Each Canton retains manic Con
federation its original sovereignty unimpaired, for all domestic pur- and of the poses, even more completely than the German States ; Smited but the power of making war, and of concluding treaties of peace, alliance, and commerce, with foreign States, being exclusively vested in the federal Diet, all the foreign relations of the country necessarily fall under the cognizance of that body. In this respect, the present Swiss Confederation differs materially from that which existed before the French Revolution of 1789, which was, in effect, a mere treaty of alliance for the common defence against external hostility, but which did not prevent the several Cantons from making separate treaties with each other, and with foreign powers. Since the French Revolution of 1830, various changes
Abortive have taken place in the local constitutions of the differ- attempts,
since 1830, ent Cantons, tending to give them a more democratic to change character; and several attempts have been made to revise the federal pact, so as to give it more of the cha- 1815. racter of a supreme federal government, or Bundesstaat, in respect to the internal relations of the Confederation. Those attempts have all proved abortive; and Switzerland still remains subject to the federal pact of 1815, except that three of the original Cantons, — Basle, Unterwalden, and Appenzel, — have been dismembered, so as to increase the whole number of Cantons to twenty-five. But as each division of these three original Cantons is entitled to half a vote only in the Diet, the total number of votes still remains twenty-two, as under the original federal pact.? (a)
the federal pact of
1 Merlin, Répertoire, tit. Ministre Public.
(a) [In 1846, a separate armed league of the seven Catholic Cantons, termed Sonderbund, was formed. They had been previously connected by a league, called the League of Sarnen; but their new organization became professedly an armed Confederation. Its members bound themselves to furnish contingents of men and money, and to obey a common military authority — all declared to be exclusively for purposes of common defence. This association being at variance with the sixth article of the federal pact, which says, “ No alliances shall be formed by the Cantóns among each other, prejudicial either to the general confederacy or the rights of the other Cantons," it was resolved by the Diet to be illegal, and declared to be dissolved. At the same time, the excitement was increased by the decree, directing the same Cantons to expel the Jesuits from their territories.