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stitutional authority of Congress over the Territory ceded to the United States during the existence of that compact; and it is accompanied by a condition not only proper in itself, but probably rendered necessary by the jealousies and controversies which existed with regard to that Territory, and which provides that “nothing in the Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.”
734. As the General Government possesses the right to acquire Territory, either by Conquest or by Treaty, it would seem to follow as an inevitable consequence, that it possesses the power to govern what it may so acquire, especially as the Territory, when acquired and held by the United - States, does not thereby become entitled to self-government, as a State or as a Territory, and is not subject to the jurisdiction of any of the individual States.
: 735. The power of Congress over the public Ter. ritory beyond the limits of -State jurisdiction, is exclusive and universal ; and its legislation is subject *to no control, but is absolute and unlimited, unless so far as it may be affected by stipulations in the cessions, or by the ordinance of 1787, under which parts of it were settled.
736. But the power of Congress to regulate the other National property, unless it has, by cession of the States, acquired exclusive jurisdiction therein, is not necessarily exclusive in all cases, notwithstanding the - right to the soil may have been conveyed to the United States by the former proprietor.
737. The guaranty," by “ the United States to every State in the Union, of a republican form of Government," 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,” may be considered as the O' VI. Miscellaneous power vested in the General
Government, as it gives to it a right of interference with respect to the objects of the guaranty.
739. Without this guaranty the interference of the General Government in repelling domestic dangers and commotions, which might threaten the existence of a State Constitution, and involve the destruction of other States; and even of the National Government itself, could not be demanded from it as a right; and no succour could be constitutionally afforded by the Union, to the friends and supporters of the State Government.
739. In a "confederated Government, founded on republican principles, and composed of republican members, the superintending Government ought to possess authority to defend the whole system from innovations affecting those principles; and the more intimate the Union, the greater interest have its members in the political institutions of each other, and the greater right to insist that the forms of government under which the general compact was entered into, should be substantially maintained.
740. But the mere compact without the power to enforce it, would be of little value; and hence the term “guaranty" indicates that the United States are authorized, and bound, if possible, to prevent every State in the Union from relinquishing a republican form of Government.
741. The Constitution, however, imposes no other
restriction upon the alteration of the State Constitutions, than that they shall not vary from the republican form ; so that, whenever a State chooses to substitute another Republican Constitution in place of that previously existing, it has a right so to do; and is equally entitled to claim for it the benefit of the Federal guaranty.
742. Protection against invasion is due from every Government to the members composing it; and the Federal Constitution secures each State not only from foreign hostility, but against the ambitious or vindictive enterprize of its more powerful neighbours..
743. Protection against domestic violence is included in the stipulation with equal policy and propriety, as it affords the means of enforcing the guaranty whenever a faction, or a minority in a State, endeavours by force to subvert the republican form of its Government.
744. The guaranty, moreover, extends to the acts of a majority of a State when directed to any object of unconstitutional violence; in which case the Ge. neral Government is equally bound to protect the State authority: and besides, there are certain parts of the State Constitutions, which are so interwoven with the Federal compact, that violence cannot be. done to the one, without injury to the other. .
745. This right of interference, however, can only be exercised when the violence is directed against the State Constitution alone; and in that manner accidentally and indirectly affects the Government of the Union; for, when the violence is immediately directed against the Federal authority, the National Government is invested with power to repress it, independently of any requisition of the State.
746. The last of the miscellaneous powers vested in the National Government, is VII. The Power of Congress to propose Amend
ments to the Constitution, and to call Conventions for amending it, upon the application of two thirds of the States.
747. As it must have been foreseen that useful alterations of the Constitution would be suggested by experience, and rendered necessary by time and change of circumstances, it was requisite that some mode of amending it should be provided ; and those adopted, guard equally against the facility which would have rendered the Government unstable, and the difficulty which might have perpetuated its faults.
: 748. Two modes of amendment are provided in
the Constitution itself; one, at the instance of the General Government, through the instrumentality of Congress; the other at the instance of the States, by means of a General Convention.
749. Congress, whenever two thirds of each House concur in the expediency of an amendment, may propose it for adoption ; and the approval of the President is not required to any amendment of the Constitution proposed by Congress.
750: The Legislatures of two thirds of the States, may require a Convention to be called by Congress, for the purpose of proposing amendments; and in either case, three fourths of the States, either through their Legislatures or by Conventions called by them for the purpose, must concur in every amendment before it becomes a part of the Constitution. •
751. It is, however, provided, that “no amendment shall in any manner affect” the provisions of the Constitution with respect to the importation of Slaves, and the proportional imposition of capitation and other direct taxes; and that “no State without its consent shall be deprived of its equal suffrage in the Senate.”
752. Twelve amendments have been incorporated into the Constitution since its adoption ; most of which have been explained in considering the subjects to which they respectively relate, and they are principally declaratory of the inalienable rights of individuals, or of those civil and political privileges which Society provides as the substitutes or auxiliaries of natural rights.
753. The amendments not already treated of, are also declaratory; and provide, by way of greater caution, that “the enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the People;" and that "the powers not delegated to the United States, are reserved to the States respectively, or to the People.”
754. The former of these amendments was intended to prevent any perverse or ingenious misapplication of the maxim, that “ an affirmation in particular cases implies a negation in all others; and that a negation in particular cases implies an affirmation in all others.”
755. The amendment last specified, is merely an affirmation of a necessary rule for the interpretation of the Constitution; which, being an instrument of limited and enumerated powers, what is not conferred by it, is withheld, and is retained by the State Governments, if vested in them by their Constitutions ; and if not, remains with the People as a portion of their residuary sovereignty.