No. 41. Preliminary Book, part 3, tit. 2, chap. 2. No. 41. 1st. White persons, so born, are, in general, citizens of the United States, unless they have lost that right. By white person is meant one who is not of the Indian or African race; but it is not easy to say what shade of color or mixture will deprive a man of the quality of being white, or will entitle him to that appellation. 2dly. The aborigines, or persons of the Indian race, are not in general citizens of the United States, and can exert no political rights. 3dly. Negroes, or descendants of the African race, in general, possess no political power whatever; they cannot vote or hold office; and many of them are deprived even of their civil rights, being holden in a state of slavery. 4thly. Children of foreign ambassadors, although born in the United States, are not citizens, being aliens, as their fathers were at the time of their birth. CHAPTER II.-OF INHABITANTS OF THE UNITED STATES BORN OUT OF THEIR JURISDICTION. 41. Like those born within the United States, persons born out of their territory are entitled to different rights; some are citizens and others are not. 1st. Persons born out of the United States who are children of citizens of the United States, or of persons who have been such, are citizens, provided the father of such children shall have resided within the same. (a) 2dly. Persons who were in the country at the time of the adoption of the Constitution, have the rights of citizens. 3dly. Persons who became naturalized under the laws of any state before the passage of any law on the subject of naturalization by Congress, or who have become naturalized under the acts of Congress, are citizens of the United States, and, like other citizens, are VOL. I. (a) Act of Cong. of April 14, 1802, s. 4. No. 42. Preliminary Book, part 3, tit. 3, chap. 1. No. 43. entitled to vote for all officers who are elected by citizens, and to hold any office except those of president and vice-president of the United States. 4thly. Children of naturalized citizens, who were under the age of twenty-one years at the time of their parents' being so naturalized or admitted to the rights of citizenship, are, if then living in the United States, considered as citizens, and entitled to the same rights as their respective fathers. 5thly. Persons who resided in a territory which was annexed to the United States by treaty, and the territory afterward became a state of the Union: as, for example, a person who, born in France, moved to Louisiana in 1806, settled there, and remained in the territory till it was admitted as a state, was held to be a citizen of the United States, although not naturalized under the acts of congress. (a) 6thly. Aliens and foreigners, who have never been naturalized, are not citizens of the United States, and have no political rights whatever. TITLE III.-IN WHOM THE GOVERNMENT OF THE UNITED STATES IS VESTED BY THE CONSTITUTION. 42. The constitution vests the legislative power in Congress; the executive in the President of the United States; and the judicial power in certain courts and tribunals. These will be separately considered. CHAPTER I.-OF THE LEGISLATIVE POWER. 43. All legislative power granted by the constitution is vested in a Congress of the United States, which consists of a senate and house of representatives.(b) The congress shall assemble at least once in every year, and such meeting shall be on the first Monday of (a) Desbois' case, 2 Mart. Lo. R. 185. (b) Const. U. S. art. 1, sec. 1. No. 43. Preliminary Book, part 3, tit. 3, chap. 1. No. 43. December, unless they shall by law appoint a different day.(a) 1. Each house shall be judge of the elections, returns and qualifications of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. 2. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.(b) The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to or returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. (c) No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof (a) Const. U. S. art. 1, s. 4. (b) Ibid. s. 5. (c) Const. U. S. art. 1, s. 6. No. 43. Preliminary Book, part 3, tit. 3, chap. 1. No. 43. shall have been increased, during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office. (a) By section 8, article 1, the congress shall have power 1. To lay and collect taxes, duties, imposts, and excises; to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises, shall be uniform throughout the United States: 2. To borrow money on the credit of the United States: 3. To regulate commerce with foreign nations and among the several states, and with the Indian tribes: 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States: 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures: 6. To provide for the punishment of counterfeiting the securities and current coin of the United States: 7. To establish post-offices and post-roads: 8. To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries: 9. To constitute tribunals inferior to the supreme court: 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations: 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water: 12. To raise and support armies; but no appropri (a) Const. U. S. art. 1, s. 6. No. 44. Preliminary Book, part 3, tit. 3, chap. 1, sec. 1. No. 44. ation of money to that use shall be for a longer term than two years: 13. To provide and maintain a navy: 14. To make rules for the government and regulation of the land and naval forces: 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions: 16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by congress: 17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings: And, 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. The Senate and House of Representatives will be separately considered. SECTION 1.-OF THE SENATE. 44. In considering the Senate let us inquire, 1, into the number of senators; 2, by whom they are elected; 3, into their qualifications; 4, the time of their election; 5, the duration of their office ;. 6, their powers. |