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trol the primaries to choose delegates to a State convention more certainly than the members of any State legislature ever elected, and that the people may generally be relied upon to vote for the party nominee, good or bad. If the States of the Union have a wise regard for their own State independence and safety, they will preserve the election in their own legislative body as they preserve the making of laws."
Is the Governor of a State superior to a Senator ?
Both in dignity and in power. In 1891 the writer hereof thus defined the relative positions of Governor and Senator: Governor Hill, in leaving the gubernatorial chair, steps down considerably. The Governor of a State is far superior to a Senator of the United States. He is the first agent of a sovereign commonwealth and its people. He represents both the State as a corporation and the people as corporators. As Senator a man represents the State as a corporation, because the Representatives in Congress represent the people of the State. A Senator divides honor and power with his colleague. Thus Hill must divide with Hiscock, just as if the State as an entirety was divided into two senatorial halves.
The question is asked, Is not Hill, while completing his term as Governor, occupying two offices? The answer is, No; because he cannot be a Senator until he takes the prescribed senatorial oath. The filing of credentials is a simple preliminary to the taking of that oath.
It is noised about that the Committee on Privileges and Elections of the Senate at Washington will debate how long a Senator-elect can hold a State office after Congress has been convened. It would be a silly debate; for although the Senate can constitutionally judge of the qualifications of its members, that body cannot decide the other question. · The decision rests with the State, which has an undeniable right to elect another man in place of a Senator-elect who persistently keeps away from Congress; and then the Senate can inquire into the qualifications of one or both, for they stand as contestants.
A Governor of a State, in the absence of a legislature, can appoint himself to fill a temporary vacancy as Senator, providing he resigns the gubernatorial office after the act, and the Senate would be powerless to prevent him taking his seat.
Such is the independence of the State, and such the limitation of the general government.
How should treaties be made ?
In the name of the United States, every State of the Union being separately mentioned as heretofore illustrated in the original treaties with France and Great Britain. In the treaties with Great Britain and France the thirteen Colonies by name are called “free, sovereign, and independent States,” and as constituting in general terms the United States. Such form educates the officials and peoples of foreign countries in the essential fact that the United States "are," and that treaties must be made with them, there being no " national government."
The early Spanish and late Italian controversies with the United States were prolonged, because Spain and Italy thought that they had signed treaties with a " nation similar to their own, the President being the chief ruler thereof.
Naming the States in treaties defines the name of the United States, and by directly connecting them severally with the treaties connects them collectively with all infringements, and thus enables foreign delegated agents at Washington to act understandingly.
The States in the Constitution denied themselves the power to make treaties individually between themselves, and severally with foreign countries, because they ratified a treaty, namely the Constitution, which in certain enumerated grants speaks for them collectively. The powers of the United States are enumerated because delegated; the powers which the States prohibited to themselves are few and specifically named. Reserved powers or rights inherent in the several States are not enumerated because too numerous, as they embrace all which secure “ life, liberty, and the pursuit of happiness.”
No treaty with a foreign power can be called “the supreme law of the land” (Art. VI.), unless it follows the model of the Jay peace treaty with Great Britain. The States must be specially named as constituting united sovereigns, or the instrument is not drafted " in pursuance” of the letter and spirit “ of the Constitution.” Carelessness, ignorance, and nationalism have misled European diplomats. See fourth question, in which is set forth the exact acknowledgment of George the Third.
Are there two classes of citizens ?
Yes. The Constitution provides that “No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President." In Article XII. of the Bill of Rights, it is provided that “ No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” The men of the Revolution were
cepted, as their republican principles had been tried by every peril and sacrifice known to heroes and patriots.
To-day no alien naturalized can be President or Vice-President. This makes a “natural born citizen of the United States" of the first class, he being eligible to the two highest executory offices of the Union, while naturalized citizens are excluded.
Is "a natural born citizen" confined to the United States?
It would seem Persons born abroad of parents native to this country are not by any provision of the Constitution declared to be "natural born citizens.” Constitutional enumerations are to be strictly interpreted and not subject to loose law and opinions. All persons born outside of the United States are subject to the Presi: dential inhibition.
Do the several States only make citizens and voters?
The United States have no power to create citizens or voters. Suffrage being a State reservation and the highest evidence of citizenship, it follows that the State courts should naturalize aliens. It was certainly never intended that an