exercised by the cities and villages of Canada, and other British provinces were delegated to them by the provincial parliaments, and are subordinate to the provincial parliaments, and also to the parliament of Great Britain.

Ours is the most complicated government in the world, with two co-ordinate governments, each supreme and sovereign within its proper sphere, operating upon the same people, and the same state or country. Hence the necessity of ascertaining the exact boundaries of power of each, to avoid conflict, and to enable both to move on harmoniously together.

The governments of cities, villages, counties, and school districts, in the several states, are organized under charters granted, and laws enacted, by the several state legislatures. They are mere subordinate corporative governments, deriving all their powers from the state legislatures which created them, and have full power to alter, amend, or repeal them at pleasure.

Such is the condition, also, of the governments of the cities of Washington and Georgetown, in the District of Columbia. The territorial governments of the United States are of the same character. They are mere corporations or subordinate governments, created by congress for the government of the territories. They are subordinate to, and dependent upon the national government which created them, and has as full power to legislate for them, as the imperial parliament of Great Britain has to legislate for any of the British Provinces. Neither the territories, nor the cities, villages, counties, or school districts of the several states have any inherent powers to govern themselves, which are recognized by our theory of government. On the contrary, their powers are all derivative, dependent, and subordinate to the supreme government from which they were derived; in the one case to the national government, and in the other case to the several state governments.

The state governments are in no proper sense subordinate to the the national government; but original governments, organized by the people long prior to the national government, with inherent and independent powers, derived directly from the peoplewhich were never possessed by the government of the Union They are supreme and sovereign within their proper sphere of action, except so far as concurrent powers are conferred on the na

tional government. They are also independent of the national government, except so far as they are inseparably connected with it, by the constitution of the United States.

Supremacy over implies power to govern, to command and to coerce-but the national government has no power to govern, to command or to coerce, or interfere with the states, as corporations or governments, so long as they remain within their proper spheres: and they cannot get out of their spheres, without a usurpation of the officers exercising the powers of the state governments. In that case, the usurpers and insurgents may be treated as rebels and belligerents, and as such, war may be waged against them, to reduce them to submission to the constitution and laws of the United States.

The government and laws of the United States, and of the several states, operate upon the same territory, upon the same people, and upon the same property, but for different purposes and objects; the latter for internal, municipal, and local purposes and objects, and the former for national, external or foreign, and inter-state purposes. And yet each has its sphere of action, more distinctly marked and clearly defined than the lines of power between the legislative and executive branches, or between the legislative and judicial branches of either governinent, have ever been defined. Each of the two governments should move on in its own proper order or sphere, as the several planets move around the sun, and without conflicting with each other. Their respective powers and jurisdiction may properly be termed co-ordinate-but not generally concurrent, in the sense we say courts of justice have concurrent jurisdiction. The governments are also co-ordinate, and in a few respects con

current.

SEC. 3. AMERICAN GOVERNMENTS ARE CO-ORDINATE SOVEREIGNTIES.

Our government is a federal representative republic, consisting of two co-ordinate governments, having on some subjects concurrent jurisdiction, in which the federal government has priority, superiority, and complete supremacy over the subject matter, and each having an exclusive jurisdiction, in which it is supreme and Sovereign.

The federal and state governments have concurrent jurisdiction and power, with federal priority, precedence, and supremacy, over the subject, matter, and persons, (but not, strictly speaking, supremacy or sovereignty over the state governments and laws), in matters of direct and internal taxation, the militia, and in the administration of justice in civil cases, between citizens of different states, between a citizen and an alien, and in cases of questions arising under the constitution and laws of the United States. In such cases, the state courts have jurisdiction, subject to the right of the defendant to remove the cause to the federal court of the

proper district. The federal and state governments may each levy a direct tax on the same property, at the same time; and in such case, the federal government has the prior and superior right to collect its tax out of the property first, and in preference to the state or local government, and may seize and sell the property for that purpose. That, however, does not imply supremacy or sovereignty of the federal government directly over the state governments and laws, but a superior and prior right, and supreme power over the subject matter, the property itself, when a tax has been levied upon it by the federal government. In all municipal and local matters in which the states have exclusive jurisdiction, their supremacy and sovereignty is as complete, absolute, and unlimited, as that of the national government is over the subjects specially and exclusively granted to it.

The state governments have exclusive jurisdiction and dominion over the cities, villages, counties, towns, and townships situated within their respective limits, and over the corporate powers exerercised by them, and over all the persons and property therein, for municipal and police purposes, and all purposes of local trade and government. The federal government has similar powers over the district of Columbia and the territories of the United States, united with supreme power for national purposes alsomaking its power over the District of Columbia, and over the territories absolutely supreme, sovereign, and undivided, for all purposes, local and municipal, as well as national and international. The federal government has power over the persons and property within a state for certain prescribed national, international, and inter-state purposes, and for such purposes only; but no power

whatever over the state governments, as governments or corporations, and none over the cities, villages, counties, and townships of a state, or the corporate powers exercised by them.

The constitution of the United States forms as much a part of the constitution of each state, as if it were embodied in it. The people and the territory of each state, and the property therein, are subject to two co-ordinate governments, each supreme and sovereign within its proper sphere; but neither having any supremacy or power over the other. Neither of those governments is independent; each being the complement of the other, is dependent upon it, and defective without it. The sovereignty of each state is thus, divided between two mutually dependent and co-ordinate governments, which should move on in harmony together, as the legislative and executive branches of the same government do.

The national government being the common government of all the states, in which they are all represented, established to regulate their intercourse with each other and with foreign nations, to protect their national and common rights and interests, and to promote the general welfare of the whole; is superior in importance, power, and dignity, to the state governments. This is clearly shown by the limitation of the powers of the state governments, contained in the federal constitution, as well as in the grants of power, and the nature of the powers granted to the national government. It is also declared in the constitution itself, that the constitution, laws, and treaties made in accordance with it, shall be the supreme law of the land; and when they have concurrent application with the state laws to the same persons and property, the former being supreme, take precedence of, and are superior to the state laws, which must, in such case, be secondary, inferior, and limited by such supremacy.

SEC. 4. THE STATE GOVERNMENTS HAVE NONE OF THE ATTRIBUTES OF NATIONAL SOVEREIGNTY.

All the exterior and foreign relations of a state or country pertain to national sovereignty—while nearly all the interior relations of the several states pertain to municipal sovereignty. The state governments retain and exercise nearly all the attributes of municipal

Sovereignty, but none of the attributes of national sovereignty. The principal attributes of national sovereignty are as follows:

1st. Power to contract alliances, and to make treaties of commerce and navigation, and for other purposes, with foreign nations.

2d. Power to declare and wage aggressive, as well as defensive war; to raise and support armies; to build and maintain fleets and navies; and to keep troops and ships of war in time of peace, as well as during war.

3d. Power to regulate foreign commerce and commerce between states, and all matters of admiralty and maratime jurisdiction.

4th. Power to acquire islands, colonies, and other foreign possessions, by treaty or conquest, and to hold and govern them as dependencies, colonies, or territories.

5th. Power to establish post offices, and post roads, and to provide for carrying mails between the several states, and between the states and foreign countries.

6th. Supreme power of taxation for national purposes.

7th. Supreme power to call out the militia for national purposes -to suppress insurrections, and repel invasions.

8th. Power to coin money and regulate the value thereof.

All these powers are attributes of national sovereignty, granted to the government of the United States by the constitution, either in express words, or by necessary implication. The several states possess none of those attributes of national sovereignty; the federal constitution not only grants them to the na tional government, but to make the grants the more conspicuous, it in express terms prohibits the states from exercising either of the 1st, 2d, or 8th, and by necessary implication, also prohibits the states from exercising either of the other powers enumerated.

The supremacy and sovereignty granted to the government of the United States is complete and perfect upon all external and national subjects-while the supremacy and sovereignty retained by the several states is complete over all internal matters, with few exceptions.

SEC. 5. DOUBLE ALLEGIANCE OF AMERICAN CITIZENS.

The citizens of every country owe allegiance to the government which protects them. No government can be long main