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ceded the District of Columbia in 1790. In 1800 the seat of government was removed from Philadelphia. The site was selected by Washington by authority from Congress. The territory south of the Potomac, containing Alexandria, was afterwards retroceded to Virginia. As to removal, if States refuse to cede territory for a new district, the capital must remain where it is.
Can the President transact official business outside of the District ?
His official residence and office are confined to the District of Columbia, where Congress and the Supreme Court assemble. If he transacts the business of his agency on the soil of any State, he becomes an intruder. The State reserves its own territory for the discharge of the duties of officials under its own Constitution. In exceptionally necessitous cases the President might act officially on such land as a State may have sold to the United States, or in a Territory over which Congress exercises jurisdiction.
How are the United States to acquire sites for public buildings within States ?
By purchase, with the consent of the legislatures of the several States. The State legislatures make reservations for the enforcement of the service of civil process and the arrest and punishment of persons charged with crime against their laws. Otherwise, Congress have exclusive authority over forts, magazines, arsenals, dockyards, and other needful buildings within the purchased territory.
Who are electors ?
They are elective State officers. In a body called usually the Electoral College they are the States in special council. The theory of the framers of the Constitution was that the electors should be intermediaries between the presidential candidates and the suffragants of the several States. The electors, acting as States, were to choose a President and Vice-President. This would, it was thought, avoid unseemly wrangling, demagogism, and consequent excitement which might end in bloodshed. It was clear at first that the appointment of electors, being an act of a sovereign State, would keep alive the idea of sovereignty.
Immemorial usage has overridden the original design of the Constitution-makers. The present method was thought by Andrew Jackson to be a sham, yet it protects the smaller States. A more direct vote for President and Vice-President might appease vanity, but it has its evils, which arise in
the temptation of State officials to nullify the will of the people thereof by dishonest count and certification.
How are electors created ?
Have State legislatures absolute control as to the manner ?
Their control is absolute. South Carolina constituted her legislature her electoral agent. The State legislatures can order that electors, who shall tally with the number of Representatives in Congress, shall be appointed by congressional districts, and that the States shall be divided into two districts for the appointment of electors-atlarge, who tally in number with the two Senators. A writer thus summarizes the free action of Maryland :
“In 1800 Maryland had eight Representatives in Congress, and, of course, was entitled to ten electors. The act of the legislature divided the State into ten districts, which could not be the same as the eight congressional districts, and provided that the voters of each of these districts should choose a presidential elector. In this case no elector was appointed by the State at large. From 1804 to 1828 Maryland was entitled to eleven electors, and by the act of 1802 the State was divided into nine districts, seven of them choosing one elector each, and two of them two electors each. Still more curious was the election of 1832, in which, by an act of the previous year, the State was divided into four districts, of which one—the Eastern Shore, together with Hartford County-was empowered to choose three electors; another-Baltimore City-two; a third-Baltimore County-two; and the rest of the Western Shore, as the fourth, four-thus making up the eleven presidential electors to which the State was entitled."
Investigations into the electoral practices at different periods of North Carolina, Massachusetts, New York, Ohio, and Michigan, and other States, will show that each State is an absolute power, and made so by these words of the Constitution (Art. II., sec. I): “Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress.”
Can a State repel invasion ?
Yes; if “ actually invaded, or in such imminent danger as will not admit of delay.” (Art. I., sec. 10.) The United States cannot grant to a foreign power, as Mexico, for example, the privilege of entering Texas, or other State on the border, in time of peace, with armed and uniformed troops. The Governor of such State could regard such entry as invasion, and repel it. “ The United States shall guarantee 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 cannot be convened), against domestic violence." (Art. IV., sec. 4.)
What is domestic violence ?
Armed insurrection within a State against its government and its laws; also, armed invasion of a State by a sister State.
What authorizes a call for the intervention of the United States ?
When the civil power of a State is exhausted. The same rule applies to a State when the local military are powerless to execute the laws. In either event the Federal marshals and military are only used as subordinate aids to secure peace as an armed posse comitatus under State officials.
Can United States troops otherwise interfere ? The President may send troops to their reser