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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 16, 1891)
10 THE OMAHA DAILY BEE : SATURDAY , MAY 10 , ISOl-TVVELVE PAGES. JUSTICE MAXWELL'S ' OHSION In the Now Celebrated Oise of Thayer Against TJojd. ALIENS AND THE ENABLING ACT , The Judge Holds Thnt All Wlio AVcro JtrnldiMilH of the Territory Became - came Clll/cns on It 4 AilmlH- HOII to tlio Union. Leave wni uMvcn the rclntor to fllo nn In- fonmvtlon In Ills own bolmlf In nn action of quo wnrr.ir.to , to determine his rlj'ht to con tinue in the ofllco of governor of the state of Nebraska from the flrst Thundny nftor the I'.rat Tuesday In .Innnnry 1891 , for the period of two years upon the alleged ground that the de fendant was not a cltbon of the United States for two years prior to the election In November , ISM , and therefore not ellRlblo to the office of Kovornor of the stato. The court In making the order , allowing the rclntor to fllo his Information , qualiflod It so as to permit the lieutenant governor to Intervene , should the court on the final de termination of the case , Ilml that the defendant was not eligible to the oflico , and It would thus become necessary to determine wno should succeed bun , whothar the rclutor or the lieu tenant governor. riloro was impended a review of tno do- fondant's nimver and pr.ijiT of dismissal and for such other rollef as might be Just and properJ The rclator demurred to the answer upon the grounds that the facts staled therein nro not sufficient to constitute ndofonso to the In formation In the argument on the doiiurrer the de fendant contends that the remedy by contest Is exclusive and therefore the couit 1ms no jurisdiction. In State vs Ilnrlow , Ifi O. S. KM , the supreme premo court ot Ohio in construing the consti tution 01 that state and a statute , passed in pursuance thoieof In regard to contests hold , that the remedy provided by statute was ex clusive , and therefore an Information In qi \\AIII1VNTO \ \ < ll Ml NOT ME. A few other cases to the same effect may bo found. \VoaroorthoopInlon , however , tbatundor our constitution , the remedy by contest is not exclusive , and thcrcfoie that an information , In n proper c.isc , mav bo maintained. It will bo observed that it is alleged In the answer that the "rclator fully snnendorod , abandoned and icmoved from said ofllco and has not slnco In any manner directly or indi rectly occupied or possessed the same or as sumed or protomlod tonssumo to perform any of the functions thereof but wholly sur- rcndoied the same. " It Is a fact well known that about January 20 , ISO I , In order TO I'UKVKNT C'I > AI , Injurious to the good name of the state by having two porions omliMVoring to net ns governor thereof , the court , through Its chief lustlco , stated to the relater that Governor llnyd was the acting governor , to bo rocog- ni7od as such until the determination of this Bull , and tlrnt the relater would lose notblng by quietly leaving the building , and in case It should ovuittmlly bo found that ho was en titled to the office his right would bo respect ed anil enforced. It does not appear , however , from the al- orations the precise date at which It Is al leged the telator surrendered the onico , etc. For nuclit that appears It may have boon after the promise herotofoio spoken of. Neither nro the allegations as to abandonment - ment of the duties of the office ns explicit as they should bo. This Is siibjeut to amend ment if such amendment were necessary in the caso. The alleg.it Ions ns to the failure to fllo the bond and talte the oath rOnulrod by statute within ton days from tlio 8th day of January , 18'Jl ' , nro not necnssnry to ho considered lu this connection mid will not be discussed. , The allegation of the dotomlant "on Information mation and belief that prior to October , Ib51 , his father did In fact complete bis naturaliza tion In strict accordance with the acts of con gress known ns the iintunillrnlloii laws so ns to admit and constitute him n full citizen of the United States thereunder , " in the opin ion of the writer is sufficient on domunor to &how that ttio lather of the defendant before the defendant was of the ago of t\\cnty-ono yours had completed bis miturallratlo'n , so that thereby the defendant became a citizen of the Untied States. It was unnecessary to allege this fact upon Information and belief , ns all Unit the law re quires In vcilfylng the answer Is to state the facts as ho believes them to bo. Ttin iilk'pttlotis that follow In regard to Joseph Iloyd having exercised the rlcht of rltl/onship nro simply to show that after tlio joar ISM he regarded himself as being a citizen of the United States , Rnd entitled to the excrclso of the elective franchise , and ho was so regarded bv his neighbors. The further allegation also In effect that In consequence of a now roelstry law taking ef fect ho was uimblo to register and therefore to vote , am ! was compelled to takn out his tocond paper although ho had previously be come a citUou of the United States , Is of the ininanaturo. Those allegations being admitted by the de murrer would scorn to bo sufficient if proved to constitute u defense to the action , If the tolator desires a more doflnlto state ment , ho should have Hied a motion for that purpose. \ \ o must remember that the son had no personal knowledge of the naturalization of his father , but was informed by him that ho bad been naturalized , and hence that the WAS A cm/us- of the United States. Under such circum stances greater latitude should bo allowed In pleading than wlioro the p.uty himself had been the , nctor In the case. My associates , however , doom the allega tions too unccitnln , and hence I acqulosco In their views. This defect , however , could , If necessary , bo readily cured by positive alle gations. It Is contended on behalf of the defend ant that ho became a citizen of the United btatos by virtueof the several acts of congress - gross admitting the state of Nebraska into the union I must confois that when the proposition was presented , amiithoutau oxatmrintlou of the question , It did not seem to possess the Impoitnnco uhlch it now assumes. The act organizing flio territory of Ne braska was approved on Mav 80 , isr > ) , the provisions of the act nrooxooo'dliigly Hbeial , and evidently intended to invite permanent Rottlow Into the territory The territory nt that time i-ompruod substantially what has since boon formed Into live states , On April IH , INH , congivss passed nn act to enable the people of Nebraska to form a con- stltutlon mid state government and for the admission of such state into the union on an pqual foolliii. with the original states , Section I of the act ptovides "that the Inhabitants - habitants of that portion of tlni territory of Nebraska Including the boundaries herein- utter designated bo and they nro horobv autnorl/nd to form for themselves a constitu tion and statn government with the name aforesaid , which state , when so formed , shall bo admitted Into the union irt hereinafter pro- vldrd. " Upon the foundation of the constitution and ratification of the same , in tlio manner provided in the act , the president was nutborl/od to Issue his proclamation declar ing the state admitted Into the union on an equal footing with the ordinal states. In imtsuntifo of this not. n constitutional convention win elected anu met In the city of Omnlmon July 4 , INK. The territory contained at that tlmo not to exceed ! 10 , ( 00 people. It hml furnished inoro than two regiments of volunteers , who wore then In the Hold. The war h d cut off or Impeded to n grout extent tlio only moans of communication with thu commercial marts of the country , vl i the Missouri rlvor , lionca there was n ntagnatlon of business , and the territory WM not incruaslne in non- \ntlon to tiny extent. u Those things were felt by every member of the convention , Rnd It was the general opinion of the members , and the general nou- llmont ot the people of the territory , Hint Itiira was not nunloloiit population to'jtistify lUo formation of the state eororumunt , and that If n constitution was framed and sub mitted to the people , it would bo overwhelm ingly defeated , _ The convention , therefore , organized by tTi o election of the father of the present llouto li mit uovornor , as president , and other officers , mid by it unanimous vote adjourned slno dlo. Two years later , however , with the close of tbo war , the building of the Union Pacific railway , and the How of Immigration Into the territory , a dcslro was felt to form u state- government , and theioupon the legislature prepared a constitution and submitted It to the people of tbo state nt an election held on Juno' ' , ISfll. The preamble to this constitution Is asol - lows.Ve , the people of Nobnu'ia , uratoful to Almighty Uotl for our freedom , In order to secure Its blessings , form n more perfect gov ernment , Insure domustlctranqulllty and promote - mete the general welfare , do establish this constitution. " It will bo observed that in the first section of the enabling act , the Inhabitants of what Is now the state of Nebraska , were author- 1/eil to form for themselves n constitution and state Kovorninant which in the.preamble they assert that they do form. . AtiorTios or TIII : ION TITI'TIOV. This constitution was adopted by a small majority , and the flrst state legislature mot nt the cltv of Omaha on July 4 , ISOO.nmi nftor organl/Ing proceeded to elect senators for the state , ono of whom was the rclator In this caso. There was n strotii ? opposition In the legis lature to the organl/ntion of stale govern ment , and In the house , consisting of thirty- nine members , but twenty were In favor of , while Nineteen were opposed to such organ- 1/ntion and In the scmitu , consisting of thir teen members , seven \\eiolufavor and six opposed to state government. As tlio act of l lil bad not ueoii accepted at the time therein provided , it became neces sary for congress to pass an additional not admitting the state Into tbo union. The llr t section of that act is as follows : When * is. On M ircli . ' 1. A. I' . 1811. congress liassud an art ID i'iiiilili < the pcoplu of Ni-bris- Ka In form a constitution and st'itu gn\i < rn- IIIIMlt. IIMll OlllTC I tO Illlllllt S'lld St'ltO V Ill'll O formed Into tin1 union upon compliance with cci lain conditions thuroln spcelllcil , and \MILTCIIS It aiipi-iM that tlio xalil people b ivi > ndoptrd n constitution , which upon ilue examination Is found to conform to tbo ptm Islons and comply with the conditions of s lid net. nnd to bo lopiibll- can In Its form of ismi-rmniMit , and Unit they now asl < for admission lulu the union : there fore , lie It emitted by tint sunatn and linnsu of roiri" ) < t'iilitlMs ! of the rnlti'd Miitpt of Amor- IPII , In congress assembled , that this constitu tion and state mmunmentvlilcli tlio people of Jso'irnsUn lum > forni'd for themit-hcs lie , and the sumo Is hereby accepted , ratified and confirmed , nnd Unit the said state of Nebraska slnill be , and 19 hereby ( leelurcil to he ono of the. United States of Ameilen , null Is hereby admitted Into the union upon an equal foot- Inu with tbo original states In all respects whatsoever. " Congress thus construed the word ' 'people" ns n syconx m with the word "inhabitants. " It will bo observed that the act admitting Nebraska into the union contains provisions which nio exceedingly comprehensive. The constitution and state government "is hereby accepted , ratified nnd con firmed and the said state of Nebraska shall bo and is hereby * * * mlmittoJ into the union upon an equal footing with tbo original states in all respects whatsoever. " I have been unable to find as strong language in nn act admitting nny other state into the union , and tbo language is much stronger than Unit admitting the state of Texas to which reference will hereafter bo made. It is necessary now to inquire how the original states were admitted into the union. The | roamblo to the constitution of thn United States declares that " \Vo , the people of tlio United States , in order to form n more perfect union , establish Justice , insure domestic tranqullitv , provide for the common defense , promote the general welfare , and socuio the blessing of liberty to ourselves and our posterity , do ordain and establish this constitution for ttio United States of America. " In Minor va Hnpporsott 21 Wall , 10"i- 1(17 ( the supreme court of the United States in very clear language points out \MIO UllltK CII17K.NH of the United States at the formation of the federal government. It Is &nld "There can not bo u nation without a people. The very idea of a political community , such as a nation Is , Implies an association of persons for the promotion of their general welfare. Each ono of the persons associated becomes a momborof the nation formed by the associa tion , lie owes it alleglanco and is entitled to Its protection. Allegiance and protection are , in this con nection , reciprocal obllgntlons. The ono is a compensation for the other , nlleglatico for protection and protection for allegiance. For convenience it has been found neces sary to give a iianio to this mouiborshlp. The object Is to designate by n title the parson nnd the relation ho bears to the nntlos. Tor this purpose the word "subject , " "inhabi tant" and "cltboii" have been used , and the choice between them Is sometimes made to depend upon the form of government. Citi zen Is now more commonly em ployed , however , nnd ns it has boon considered bettor suited to the description of ono living under n republican government , It was adopted by nearly all the states upon tholr separation from Great ilrit- nln , and was afterwards adopted In the uiti- clcs of federation and In the constitution of the United States. When used in this sense It Is understood to convoy the Uoa of mem bership of nation , and nothing more. To determine thenwho were citizens of the United States before the adoption of tlio amendment It Is necessary to ascertain what persons originally associated themselves to gcthor to form the nation , and what were afterwards admitted to membership. Looking at the constitution Itself wo find that it was ordained and established by "tho people of the United States , " and then going further back wo find that those woio the people of the several states that had before dissolved the political bauds which connected thorn with Great llrltuin and assumed a separate nnd equal station among the powers' of the earth , and that had by ntticlos of con federation and perpetual unionIn which they took tlio natuo of "tho United States Of America" entered Into a firm league of filoud- shin with each other for their common do- fcnso , the security of tholr liberties and their mutual imd general welfare , binding thorn- solves to assist each other tiL'nlnst all force oftorod to or attack made upon them , or nny of them , on account of religion , sovereignty , trade or any other pretense whatever. Whoever , then , was one of the people of either of those stntoi when the constitution of the United States was adopted , became Ipso facto n citizen-a member of tbo nation created by Its adoption. lie was ono of the persons associating together to form the nation , and was consequently ono of Its original citrons. As to this there has never boon u doubt. Disputes have arlson as to whether or not certain persons or certain classes of persons were part of the peopld at tbo tlmo , butno\orns to their citizenship if they woro. The same dootrlno had previously boon announced In McLlvatno vs. Coxo's Lessee , I Crnncli 'J14 , and other cases , nnd Is stated by ICout t ! Coinin pp. l-'J. * In United States vs. Lavorty ot al. in the district court of the United States 3 Martin 7n : , which seems to have arisen during the last war with Great Urltaln , where coitaln persons arrested as alien onnmlos claimed to bo citizens of the United States , bj vlrtuo of the admission of the stnto of Louisiana into the union , It Is said "It Is well knownthat some of these porsqus have boon discharged by one of the Judges of the state , but ns the marshal and many others are seriously 1m- pro-.sed with n belief that they are not citi zens , but nllons , U Ins been doomed proper to obtain the opinion of the Judge of the United States , " It Is contended by the attorney of the United States , that COVOHPSS AI.ONE ms TOWER to pass laws on the subject of the naturalisa tion of foreigners , nnd that , by the constitu tion , It is declared tbut , the rule for their ad mission must bo uniform. On the other unim It Is said that con gross has the power to admit now states Into the union ; that this power Is not inconsistent with nor repugnant to the other , that the first rule well applies where Individual application Is made for ad mission , but it is not rest | ictive of the other power to admit ntcnco great bodies , of men , or nv \ states , hit o the federal nnlon Thu power to admit now states , is express ! , , given by the third section of the fourth artf ole of the constitution ; It has been frrquentli" o\orcUei < ; nnd on April 30 , 1313 , Louisiana was admitted Into thb union , Upon the snmo footing with the original.stntoi. In what manner has this power been oxer clsod In rospoot to other state * I On April HO 1S.TJ , the inhabitants of thft eastern division of the territory nortnwcit of Ohio wore an- thorlrod to form for thnmnelvoa n oonstl tution and state government ; thu wai done and th y were afterward admitted into th < union. I'rovlotu to their admission the pee plu of the country wdw governoa by what is commonly termed thu Ohio ordinance ; tha tbo population con Utur ( partly of oitu a o the United States nnd partly of foreigners , may bo collected from the provisions of that Instrument for their government ; that a great body of aliens resided among them is known to many. It Is declared that possess ing a freehold of fifty acres of land , having been n citizen of ono of thu states , and being a resident in the district , or the like freehold , and two years' residence , shall bo necessary to qualify a man ns an elector. Hero there nro two descriptions of persons , 1. Citizens of tbo United States , with n freehold nnd actual residence , nnd ( 'J ) persons not cltl/ons , with n fieehold and two j cars' residence. Were they not all equally Inhabitants 1 And , In the act of admission Is there any distinc tion ma Jo I The Inhabitants , then , who were nuthorl/cd to form n state government for themselves , must have been nil thu real in habitants of the country , citizens or foreign ers , and after the admission of the stuta Into the union must have equally participated In nil Its advantages , because If a pjrtv only were entitled to Its benefit , all the Inhabit ants had not formrd n government for them selves. Can wo , for an Instant , bcllovo that a tviso , just nnd liberal government llko that of the United States , would Invite nny portion tion of people , who were enjoying solf-gov- ornmont In n considerable degree , to plnco themselves In n situation whore they would bo entirely deprived of III I can have no doubt that all the inhabi tants of the state of Ohio were admitted citi zens of that. state by their admission into the union , Lot us then examine nnd discover ( If possi ble ) any difference between the cnsa of that state and this. Louisiana , It Is said , was ad mitted under tlio treaty of 1'nrin , by which It Is stipulated that the Inhabitants shall bo Incorporated Into the union of the United States and admitted is soon as possible , ac cording to the principles of the federal con stitution to the enjoyments of thn rights , advantages mid iimnunklo-t of citl/uns of the Unllod States. It Is contended by some that the word "inhibltints'1 used In the net of February , 1M1 , applies solely to those who were inhabitants in 1 0.1. On February 11 , 1M1 , congress passed an r.ct "enabling the people of the territory of Orleans to form a state government. " It commences by dodarinu the "Inhabitants" of all that pirt of that country coded under the name of Loulsiannsh _ ill bo authorized to form for thenisches n'stntc government ; It then goes on and describes two classes of In habitants ; flrst , cili/ons of the United States nnd all poisons having In other respects the local qualifications Jo vote for representa tives in the irciicr.il assembly These quali fications are the same as these of Ohio , two years residence and n freehold for these who nro not citieus.Vo hero llnd no distinction between the old inhabitant and the now , thu man who has been hero tvo years and has flftv neies of land , let him bo n citizen or allen , Isauthoil/oa to join in malting n con stitution for all the inhabitants ol Louisiana , The law then evidently does not mean meiely "tho inhabitants at the dnto of the tro ' ity , " and It will be found that the only quost'ion in this case Is whether congress had n right to include any others than citizens in their act of admission. 1 have ahe.idy shown that they have ex ercised this light bciotoforo ; that in the case of the slate of Ohio it was not disputed , nnd It does not bccoino us at this time to question it 1 shall now consider some of the arguments that have been urged by the district attorney nnd his colluairuos. Although an attempt was made to dlstlnuuish between the TWO CM SI : OF i ( not originally citizens of the United States ) , jot in truth , their aigitments go us well to exclude the llrst ns the last class. It is con tended that the onlv moilo by which nn alien can become naturalized Is by a compli ance with the unifoim rule ; that this Is the only constitutional mode ; that the expression in the treaty that "the inhabitants shall be admitted according to the principles of the constitution , " means according to the unl- orm rule required bv the constitution. If o , the Creoles of Louisiana nro not citizens ot , for not ono of tlioin has complied with hat huv. But ono of the gentlemen has ob- ervcd , here is n treaty and treaties are par amount. I can niivor subset ibo to tbo doe- rlno that treaties can do aw nv w ith any > .ut of the constitution. I will go ns far us myono In supporting and observing them in nnythlng not roputriuint to it. If then tha uniform system bo Iho only constitutional ono nny other must bo unconstitutional and. though Introduced by treaty Is olQ. If this were the onlv constitutional mode , I .should tremble for the fata of ho Loulslamanso ; but fortunately for them and for othcis , It Is not the only ono. Tlio expression under the treaty is that they shall > o admitted according to tbo principles of ho constitution ; that Is , with the consent of Longrcss , which shall be obtained as soon ns lossiblo , and It has been since giveb. ly ! this construction every pirt Is reconciled , mid if congress , in Us liberality , Included others vbo have since settled In tbo country , it had a right to do so. It Is said that the law respecting alien en emies declares , that they shall oe apprehend ed , unless actually naturalized ; nnd it is contended that the only actual naturalization s bv the unlfoun rulo. This does not follow ; If it did there is scarcely a Creole who , m case of a war with Trance or Spain , would not bo subject to its lennlties , for none ot them have complied vith It. The government has a right , by roaty or by the admission of a now state , to laturalizo , and such naturalization Is equal o the other. The same question arose In Dosbois case 2 Martin's rcportslS5 , and the same conclusion s reached. TIIK WOllII "iNIUBmNTS. " In construing tbo meaning of the word "In habitants" It is saidp. ISi : "The act of con gress authorizing the formation of the con stitution of this state , 10 laws United States , 1.W , was almost lltorally copied from that vhioh authoiizod that of the state of Ohio , 0 aws Unltod States IL'O. In the flrst section of the latter the 'inhabitants' of the eastern division of the territory northwest of the river Ohio nro nutho'rlzed to form for them selves a state constitution. In the fourth icctton the parsons entitled to vote for mem- jers of the convention nro described , first nil male citizens of the Unltod States ; next , all other persons having , etc. "Tho word 'Inhabitants' Irt the first section of this act must bo taken late scnsii , it can not bo restrained so as to Include citizens of tbo United States only ; for other persons nro nftci wards called upon to voto. There Is not nny treaty or other Instrument which may bo said to control It. Every attempt , to restrict it must proceed ou principles nbso- lutoly arbitrary. If tbo word is to bo taken late sonsu In the net passed In favor of the people of ono territory , Is there nny reason to say that wo nro to restrain it In another act passed for similar purposes In favor of the noonlo of another territoryi" The casjs above cited nro roferreil to with approval by the attorney general of the United States In volume III of ofllclnl opinions , p. 397 , who also cites Wboaton's International laws by Unw- ronco , . 8U7 , in support ol the proposition nnd cases cited. The only case wo have found holding n con trary 'loctrino Is State vs , Primrose , ; t Ala Kilt. In that case ono of the grand Jurors which found an indictment was n native of Ireland and sbttlod in Louisiana In ISll , nnd three joars later returned to Mobile , Ala. Thu court holds In effect that ho was not within the terms of the act of congress ad- mlttlni ; Louisiana Into the union. Tbo most favorable view that can betaken taken of the case Is that the opinion was written oft hand and without nny previous investigation of the questions Involved , On the main point not n single authority Is cited nor nro the principles discussed upon which other courts have placed n construc tion upon the word "inhnhltnnti. " At the close of the opinion the Judco frank ly says that ho had not seen the decisions of the Louisiana courts nnd therefore these cases bad no Influence on the judgment of the court. So far as wo have ob orvod nftor n very careful examination , the doctrlno of that cnsn has not bcou approved In a slnglo In stance. In American Insurance Co , vs. Canter. 1 Peters 51' ' , the supreme court of tha United State's said ; "On tha ! M of February. 1810 , Spain coded Florida to the Unltod States. Tim sixth article of the treaty of cession , contains the following provision ; 'Tha inhabitants - habitants ofuho territories , \vhle.h Jiis Cath olic majesty codes to the Unltod States by this treaty shall bo Incorporated in the union of the United States , as soon as may bo con sistent with the principles of the federal constitution ; nnd admitted to the enjoy ment of the privileges , rlchts and Im munities of tbo citizens ot the United States,1 "This treaty is the law of the land nnd ad inlU the Inhabitants of Florid * to the enjoy ment of the privileges , rights and immunities of tbo citizens yf the Unltod Status , " There are other decisions of the lupromo court of the United States affirming t&b doc trlno and thn same rule U ivcognizou by con gress in coutosuxl election * . In tbo report of the committee ou oloctioni In the case of Mr. Levy , delegate from the territory of Florida ronUMtod election cases twososslon Thlrty-olght , congress Forty-one , It is said "tho fourth section of thonct of congress - gross of April 1-1 , ISO.1 , secures to the Infant CIIIMIUCX or rmtjoNs NATUIUI.I/.RH , the bonollt of their parents' naturalization , provided such children were nt the tlmo llv- lug In the United States. It matters not whether the naturalization be effected by the act of congress , by treaty or 'by the admission ' sion of now states , ' tho'provlslon is alike ap plicable. The condition of the parent Is Im pressed upon tbo child. " This right exists under the war and treaty making powers of tbo government nnd the right to control the territory nnd property of the United States nnd admit now states Into the union. There nro three modes , therefore , by which citizenship may bo ncqulred. First , birth. Second , proceedings In n court of record. Third , by treaty or act of congress admitting now stales. < > Tbo third proportion will bo more fully illustrated by u reference to tbo admission of the state of Texas , ln.o ( the union. On March I , IsW , u resolution was adopted by congress ns follows ; "That congress doth consent that the territory properly Included within nnd rightfully belonging to the re public of Texas , may 'bo creeled into n new stale , to bo called tiw state of Texas , with a republican form of ( government , to bo adopted by the pcoplu of saldropublle , by deputies In convention assembled , with the consent of the existing government. In order that the onnia may bo admitted us one ot the states of this union. " Fifth , U. S. Statutes at largo , 7117. 7117.In In pursuance of thU resolution President Jones of Texas called a delegation convention of sixty-one members , who mot July I , 1813 , ratilled thu piopositlon made by congiuss , prcpiicdn constitution for Texas as n state in the union and submitted Die same to the people of Texas , who nppioved It. umimxfi TIAIS. In December follow ing n Joint losolutlon was adopted by congress as follows"Ho it resolved by tlio semite mid house of repre sentatives of the United States of America in congress assembled , that the stnto of Toxns shall 1(0 ( one * , and Is hoioby declared ono , of the United Slates of Amciica , nnd admitted into the union on n i equal footing with the original states in all respects whatsoever. " It will boobsorvo'l ' that the pro'codings ad mitting Texas Into thu union \\oru .somowhat similar although not as full , comprehensive mid complete ns the act admitting Nebraska Under the act admitting To\i.s the inhabi tants of Texas after declaration of Indoponu- cnco became at once citi/cns of the United States. In Cryer vs Andrews , 11 Texas 18,1 , the su- piemo court of Texas says : "Whon the con- Kress of the Unltod Stat-H under the author ity to admit now states , receives n foreign na tion into the confederacy , the laws of these respective n illons , in relation to naturaliza tion of individual emigrants , have no applica tion to the respective cltl/ons of each. Uy the very act of union , the citlzons of earh he- como citizens of Iho government or govern ments formed by this union. The position which has boon sometimes broached that the citizens of Texas must sub mit to Iho laws of naturnli/atlon , before they can become cltl/ons of the United States , is quite preposterous. N'o such doctrine was over admitted or applied to the cltl/ens or In habitants of Louisiana or Flotilla countries acquit ml uy purchase (2 ( Martin , lf > 8 , ; t Mur- tln , 7li ! ; ) . Much list Is it applicable to the citizens of n state , which , by voluntary treaty or legislation , becomes incorporated Into the United Ktatos. And if the rltlzr.ns of Tevm cannot bo donrlved of their franchises ns citi zcns of the United States , neither can citi zens of the latter bo snipped of the Immuni ties and privileges portainlnir to the citizens of this state. In Barrett vs. L. Kelly , Ul Texas , -131 , the question was uu'aln bofoto the supreme court of that state , nnd it Is bald when the annox- ntlon to thu United States took place in IM ! ) , wo became a part nnd patcol of the Unltod States , and none of Iho citizens of the United States were nllon to lV\as , nnd the citizens of Texas would bo in tbcirown country from the St. Lawrence to tbo milf of Mexico Other cases sustaining tlio sarao views can bo found , but by icason of the great length ton huh this opinion has been extendedmust bo omitted. In efTect the union of the nlno original states naturalized themwhich is but another name for miturallz-Ation ; and where the act for the admission of ji new state nutboiizcs. the "InhabitnntH" thereof or "people" therein to form n state government and tlio now state so formed' is ' 'admitted Into the union on nn equal footlncr with the original states nil whatsO'jver. " the in respects ' con ditions tire precisely the same as these on which the original nlno formed tlio union , and the other members of the original thir teen cnino into theimlon. Had Nebraska boon ono of tbo original nine states , every inhabitant of the state would by the union have become a citizen of the United States , It was "admitted into the union upon an cqtinl footing with tlio original states In all respects whatsoever. " Broader or more c6mptohonslvo Inngunge could not boused , nnd its mooning cannot bo rostiicted without doing violence to the words employed. In the third nrtlelo of the treaty of Paris of April ! IO , 1SO.I , by which the territory of Louislani was ncqttlroti , it is provided "tho Inhabitants of the ceded territory shall oe incorporated in the union of tno United States , and admitted as soon ns possible , ac cording to the principles of the federal con stitution , to the enjoyment of all the rights , advantages and immunities of citizens of tbo United States : and in the meantime they shall bo maintained and protected in the free enjoyment of their liberty , property and re ligion which they profess. " This stipulation could not have been in tended to bo restricted to the comparatively small number of inhabitants then occupying tno territory which now forms the state of Louisiana , as the land ceded was an empire in extent , and has slnco formed a very largo number of states. The stipulation , therefore , was In effect that on the admission of oich state into the union , nil the bona-lldo inhabitants thereof should thereupon boentitlod to enjoy "all tbo rights , advantages and immunities of rltizons ol tbo United States. " Tha admission of a stnto Into the union partakes of the nntuio of n treaty with the inhabitants that In consideration of their forming n stale eovoinmont tt.oy shall enjoy certain rights , privileges nnd Immunities. It mav bo said to bo to some extent a join der ot tbo law-making and treaty-making powers of the government. < , Uoth parlies derive benefit from the acces sion of the now state nnd it is n matter of public history Unit congress has boon exceed ingly liberal in the benefits conferred upon the now states of the nation. Congress may no doubt Impose othur conditions upon the inhabitants of n state seeking admission Into the union , but it Is sufficient to say that it bos not ilono so in this caso. It is contondo.l on behalf of tbo attorneys for the relater that because no cases can bo found .sustain ing their view of the law , except the Ala bama ono , that , tnoroforo , Iho question has never arisen , or If so boon decided adversely to the defendant. In this , however , riiKr Aim Misr.vKBV , The Louisiana cases which were decided In the early history of the government , ono of the n bv n Judge of the United States court , have been followed apparently without ques tion , and nro cited with approval by the ut- tornoy general of the Unltod States. But In this case , It Is not necessnry to go to the ex tent of the cases cited. The answer alleges that Joseph Hoyd , the father of the defendant , in the year l 4'i ' , and lontt prior to the ilmo that the defendant reached his majority , declared his Intention to become n citizen of the Unltod Stales , Had ho resided In this state at the tlmo of UIB adoption o ( the first constitution hu would have boon n legal voter therein , nnd express ly authorized by the enabling nut to vote for nny oftleer tn bo olooted by the stutu of Ne braska. The muxim of the Inw Is "pntus soijultur piiireni. " Thnt la "tho children follow the condition of their fathur. " 2 Uouv. LUW Diet. (11th ( Hd ) 147. This Is the rule In regard to frcetnon , nl- though illfferont rule oxUts In the unso of anlmiilH and slnvoi. 1 Bouv. Institute Koto lUT-flOJ. 'J Qouv. Law Diet. 117 HOU/WJS A C1TI/KS' . The son , therefore , was In the snmo condi tion whnn ho bocaino of ago ns his father , nnd was a citizen of thoi territory of Nebraska. Congrnss passed an wmbllnB net for the ter ritory to ndmlt nrcrtnln portion of It as n atnto should the Inhabitants bo so Inclined. In effect congro " said to the future Htnte that In addition ttf rCpreientnllvo on the sen- nto nnd a moinbor'havlnfr full jwwer In the house "wo will donate to you sovctfty-two sections of laud foe atuutverslty , two sections in each township ( qr tbo support of common schools , twenty ncotious of latiU for tha erection qf public buildings at the capital ot the state , all salt springs in the state not oxoeodlng twslvo lu number wlta six sections of Uud adjoining , nnd 5 nor oont of the proceeds of the sale of nil public lands lying within the stnto nftor deducting the expenses Incident to the snmo. " There was also nn npproprl ation to pay the cxpens6s of the convention. Similar offers have boon mndo to all other states except Texas. It has never been the policy of congress to force n territory to ac cept n state government. In nil cases the admission of the stnto has been on the volun tary application and consent of the pcoplo of such state. Judging the future by the past tbo pcoplo of n territory might preserve their territorial charter to the end of tlmo nnd there would bo no attempt on the pirt of the Unltod States to coerce them Into tbo union. Tbo enabling net admitting n stnto is in tha the nature of n treaty with the inhabitants ol such stato. Now , In the cnso ot Texas thro was no treaty. The language of the net of March 1 , 1815 , for tha admission' of Texas Is "Coupross doth consent that the territory { properly included within nnd right fully belonging to the ropulTlIc of Texas may ho erected into n now state to bo called the state of Texas with a republican form of gov ernment to bo adopted by the juioplo of said republic by deputies In convention assembled with the consent of the existing government In order that the same may bo admitted ns one of the states of this union. " Then fol lows certain conditions which woi i accepted by the state of To\ns. All white Inhabitants of tbo state of Texas at the time-of its declaration of Independence were held to bo cltl/ens of that republic , and this by tbo mere force of the declaration of independence. Now , If n citizen of Texas , by the more admission of that state Into thu union , became Ipso facto a citizen of the United States , whv does not the snmo rule apply to the nd'nisslon ot n territory ) KiiiKKis KTur.ssn nimiTonir- : > . It may bo said that n foiolgn state occupies a different position from that of a teiiliory belonging to the United Slntos. If so , however , the dllTcrcnci1 would seoin to bo in favor of the inhabitants of the terri tory. They have grown up under the foster ing care of the govcinmcnt , nnd their senti ments and sympathies nro favorable nnd friendly to it This is illustrated by the very largo number of volunteers that were fur nished by every western stale. In case of the admission of n stnto llko Texas , containing a considerable mixed and Mexican population , there could not bo , from the nature of the case , the same loyalty to thegeneial government as In Iho people of the territories. In reason , therefore , every citizen of the teintory , when It was nil- mltted Into the union , became ipso facto n citi/on of Iho United States. In the ono case the enabling act Is ad- dtosscd to the state , and in the other to the people of Iho territory. The propositions are the same In substance In both , nnd the result of the acceptance of the propositions the same in both cases , vi/ . , admission as n state upon nn equal fooling with the original states. Suppose tbo United States should propose to tlio people of Manllobi to bo ad mitted as n stnto and they should accept Iho proposition mid thereupon bo admitted as u .stale of the union on an pqual footing with the oiiginal states , would not every citizen of Unit colony Ihoioby become n citl/en of the United States : TIII : isn.iiNAriosA ! i \ \ \ , as understood in linghind , has novcr boon adopted Mi this country In Second Opinions of tlio attorney gcneinls , .1.111 , it Is said : "Wo tnko our knowledge of International law not fiom tlio municipal code ot Englandbut fiom natural reason and Justice , from writers of knounisdom , and the practice of civilized nations. " A MKIIKHN iM : . In conclusion I do-die to call attention to the case of The Attorney Goneial vs Tlio Cltv ot Dotioil. 11 , NV. . H. . ! HS. Pilorto thu admission "of Michigan into the union , considerable difficulty hud arisen between that tori itory nnd the state of Ohio In legard to the northern boundary of Oblo nnd tlio southern boundary of the terntory of Michigan. The militia seem lo have been called out on both sides , although wiser counsels ptovnllcd and there was nu actual hostilities. Michigan , however , did not avail Itself of the enabling net which was thought to favor the state ot Ohio by giving it Iho disputed toriItory , hence no attempt was made to or- gani/o under the oi.abllng'nut , but the legisla ture of the tcuitory passed an net in pursuance ofhlch n constitution was adopted , senators elected and aieprcsentativo In congress. Ono of the provisions of this constitution was that each male Inhabitant redding in the state on thc'JIlh day of June , 1W5 , should bo entitled to vote at such election. In the case cited it was held that n registration act which failed to provide for this class of voters was unconstitutional and void. In the examination of thu debates re lating to the admission of that state the boundary question seems to have been npro- mlnent feature nnd absorbed the attention of the numbers more particularly from Ohio and Indiana. Some of whom chinned the state was attempting to break into the union There is considerable discussion In regard to the provision of tbo constitution above re- feried to but itsctmied to have been general ly acquiesced in and tlio bill finally passed both houses by a very largo mnjoilty. The writer has spent considerable time In the consideration of Iho case and has ex- nmimed every casonro nnd con.bearing upon tbo question , nid | is forced to the belief that the dolcndant Is a citizen. In nny event the principal question pio- sentod by the answer the olio \\hloli con trols lliis'declsion Is , in tlio opinion of the writer , n pure- question of law arising under the laws of the United States , and must ultimately bo determined by the United States supreme court , and Iho decision of this court is nt the most but a stop in the progress of the caso. This is NOT A roi.nic-M , < ji rsTiox , There must bo one place where a party can assert his rights ; where no inquiry will bo made as to his political opinions ; where no extraneous matter will ba permitted to In tervene to his prejudice. Thnt place Is n couit of justice. Hero the rich and poor , high and low , stand upon an equality , and the court looks not at the litigant but to his lights ns shown by the lecord nnd fearlessly declares the law. In my view the nnswer bt.itcs a complete delenso to the action. 1 have not discussed the i ights of tha rotator to bring the action as the case has not reached a st.igo where sucn n discussion is necessary. When that point is reached I will mnko n full examination of the laws In relation thereto , and If after such examination the rclator'j right to the office should bo clear , my duty to render judgment In his favor would bu cheer fully performed Both the method and results when Sjrup of Figs is taken ; it is plcasnnt and refreshing to tlio tnsto , and acts gently yet promptly on the Kidneys , Liver and Bowels , cleanses the sys tem effectually , dispels colds , head aches and fovcrs nnd cures Imbittial. constipation. Syrup of Figs is the only remedy of its kind * ever pro duced , pleasing to the taste and ac- ceptahlo to the stomach , prompt hi its action and truly beneficial in its eflecte , prepared only from the most healthy and agreeable substances , its many excellent qualities commend it to all and have made it the most popular remedy known. Syrup of Figs is for sale in 50c and 81 bottles by all leading drug gists. Any reliable druggist who may not have it on hand will pro- euro it promptly for any ono who wishes to try it. Do not accept any substitute. CALIFORNIA FIG SYRUP CO. SAN fHKNOISCO. OAL. lOUISYIUf , xr. rYfrV IOKK , H.f. DON'T YOU BE DECEIVED INTO BUYING CHEAP IMI TATIONS CLAIMING. TO BE JUST AS GOOD AS S. S.S. If they had morlt , they would not claim to be M good n9 something olse. s vIrrs si'Kcinc , s. s. 9. IS UKCOO.N1/.KI > AS TIIK BTANDAIU ) . THAT IIVIIY TIII : cot'STiiv is n.oonr.D WITH IMITATIONS OK If Hooks on lllood niul Skin dl ci es fre . TiiiJswirrsi'EcinrcoXTA.OA. . LiebigfflPANY'S EXTRACT OF BEEF "IN DARKEST AFRICA , " "By Henry M. Stnnloy. "The l.lchlK rompsnjr s KUnu't vrm of thcchnlc- t" I'nuo.li , Vol I l.lolilu nnil inriii 'oup < Iml to lip prrpite 1 in Mif * clonl q unlit ( tie1 * to verve out i nptuM t , t > 5t h wu.ik nc-il ninn nilinntauituriMl in I'liuoWi.'ol I ' One Mncll innii iitiMt to cr nl tiour my tent lo wui nt onti * hnrni' to n II ro mill KM wllliln n fi > tv nclHMuf II iiniltllh tlioutilltUm of n pint of hot iroth iniiilu from HID l.lohlx ( oiupiii ) 9 i\trnet : of Icef wo lOHortMl him ti'liln 901101 I'.tKO M , Vol. II Genuine only with no slmllo of J VON jimiuN slirii.itnri ! In III ! ' Illk IICIDSS l.lll IllH ( JO LI ) MEIIUj , I' loo. Sweet Chocolate , The moat pop ular o w o o t Chocolate in the market. It la nutritious nnd palatable ; a particular fnvorito with children , nnd a moatoxcellent iartlclo for fam- yily uso. Served as a drink or eaten aa Confectionery , it ia a delicious Chocolate. The genuine is stamped upon the wrapper , S. German , Dorcheater , Mass. Sold by Crocors everywhere. W , Baker & Co , , Dorchester , Mass. PHREYS Dn carefully prepared lirmcilrnloiiii used formally yearn In prlvnloi.rni.tlio with sure css.nmtf or o\cr thirty Ji'ars uit ilbj thopcoplc J.tcry HliiRlo Spo- ctna Is aHiiocMal euro fur 11'o disease named * 'Iheso Hpecll.ca euro without ilrupKlui ; , purg ing or reducing the BJ stem , niul nrn lu fnct niul - ' " " ' - 'illoHiil tin\Vurlil. 1 Ver , CotiKistlon , lullninmatlon . . ' 5 I \Vonn , Worm 1 n > cr , \ \ onn t'olli'J.l I CryluK ( Jolli'.i'rTictliliiKofinfunla . j.'i I IMuirlieu , of Children or Adults . .Vi5 i llrHcnlurr. UrlpliiK.lilllotiiCollo. . , 3 I ( lliolnra ninrbiiN , Vomlllng V.1 r t'oufflif , Culil , Jlrolitlilll * . . . 'J.J 4 Nournlsln , Toolbnchc.Knccncho . 'J.l , SIclcIteiKlacliP. > ertl o . 'JS > ) HicpHlu , llllloui Sloinnch . . . .V5 , HtiiiprcRHOilor Pnlnful I'l-rlodn. M ! JVTiItPB.Jnol'nifiwol'crlo.ls , oil . Cough , Difficult llrontlitnR Orjiui p. ' Hull hpiiiii' , JphiiMlm.KninlloDi. ; KbpiiniiiltMin I | iChcumallp.ruins. . . . Hi Fnver aim Ague , ChlllnMalaria. . 17 1'llpn. llllndorlllocdlng . . . , . iu 1 ! Cntnrrli , Innucnfn. Cplillntliclluiil .go ( > \\liooplna CotiKhi Violent CoiiKhs. .30 2t < irncr.il nrMIIU.l'lirslcalWcakncM .60 ! ir KidneyJllncniip . , ' ! ; ! ! JH NnriniiH Debility . , , 1.MJJ SO Urinary \VpnhnpiH. WillingIlnl..SO 3'i IHgcii e iillholllrnrl.l'al.IUttlonl.ao | "sold by Drusalitf , or cnt postpaid on receipt of prlee. In HDUIIIREIS' JIANUAI , ( lH.I'nKi * ! richly hound in cloth and Kold , mailed free HUMPHHETS' MEDICINE CO , Cor. William and John Streets , New Yorlc. SPECg FB CS. Some CJtildrcn Growing & Too Fast become listless , fretful , without ener gy , thin and weak. But you can for tify them and build them up , by ine use of OF PURE COD LIVER OIL AND HYPOPHOSPHITES Of I.Sine nml N < > tlrt. They will take It readily , for It is al most as palatable as milk. And it should be remembered that AS A I'lti- : mTHE OU fUHKOFCOUdllS OU COLDS , IN BOTH THE 010 AND YOUrlQ , IT 18 j UNEQUALLED. . .lracl ! i < l ff < iifl < m < f < > r l. i . . Thcso Celcbrntul K.Vfll.l6 * ! ! ! ; : DOCTOR ruin ace iv 1'oslllvo Cure for Hick ; iAGKER'S llruilnclir , llllliiu > nr a , and ! CalKllrutlnn. fmall , rlfn'.j nut anil n favorite Kith U > r ; j PUR lira BoM In V nstaml for li ; J. , In America for BSc. O t ; i PINK them from jrour DruinsUti , or ; Kind to W. II. HUOfcUl A < 0. , \ PILLS 40 t llre . | r , > c 1 . I . rn.lUh Diamond Illim . ENBYRQYAl PILLS _ /r.-V > r lnnl nd Only Genuine. A _ 4 > N. ( ! i il ii t oiiax 1-hlUJiS. . I'av BEGGS' ' BLOOD PURIFIER AND IB not ploiionnt to tnko , ivs it lo com posed of nil the modlolnnl citmllttaii tlmtfjo to mnko now nnd rich blood without compelling the consumer to $1 A BOHLE FOR ONE-THIRD SYRUP which can bo bought nny where for thlrty-Qvo oonta a gallon , ns all atir- apm-llliiH aro. DEaOS' BLOOD PURIelBUaiid BLOOD MAKER la composed of pure modiolno. and al- lowa the purchaser to add syrup wh'oh la advlaoi whoti fjlvou to children. If your druggist dooi not keep It uecrpt no miustll nit' , lint ordur dlrui-r flll'll III' i Mf'H Co. , lt ) > I'll ' . Michigan M. , Cliluiiuo , fll , utiii they will forward , uxpiovi prepaid , onu liot- tlo for JI nrslx forM. B ' I 'RV/T M t | > Hn ( ' J-wJUcurtdln KKo'JOcU. , Nop r > lllcur < l OK 1 STEPHENSLlbmonO DR. OWEN'S With Double Wire Suspensory. PATENTED AUG. 16,1887. IMPROVED JULY 29,1850. 1 > U OWEN B FA NIC iionv l-lllCITANlSUS- I'llNSiOKV will curn nil Uluni- mntlcComplnlnlH I.umbnco ( li > n- erMnmllserroua liehllltr.CoMlTO- no fl. Kid n or Dlnpnftt's Norv- Dinnoss. Trpmb- llnx Hfximl Ki hiustlonVn t- Ink' of body 1)U IiHllscretlom In Voiuli , AKO. Mnr rlcJ or UliiKlo Ufa. Saspo uorr. 8KNT TO HIWPONSHIM3 I'AHTIKI TOtl TEU- TAIN COMPLAINTS ON ! )0 ) IA\S T11IA1. . Also nil Klrctrlo Trims nnil licit C inliltinil < ? Pnd 80 poltntio for FIIFK IlliistrntCil book , 2.V. imKCti , wlilclinlll bntpntjoii In jilnlu goalixl dnvol o | > o. Mention tills pnpcr Addrcbi Owen Electric Belt & Appliance Co , , 3O6 N. Broadway , St. Louis , Mo. She Saved Her MONEY , And oinn nverj to I Houackeoju'i hy nhvuya lmr 'UKon liiiml CAMPBELL'S ' VARNISH STAINS. ltlxlhuuiilyurlleloth.it Ini over been pruliaud qrwhltlin , hotuoltei per fin antlitiu lorlly ru at iln nnil vninlah with IISK npplleatlon nnd with IIS'M u vr nil kind"of llou > eliold hurnltmrnnd Interior \\nuil nork , in npuiiiAI.M'I , MAIIUIIAVItttr \ NMIOII , Limn OVK , VKHMII HIV , I'uosv niiLluult | ( iolc ns ciioil nt new The oxponvi if nlliilit 111 II li put up nnd xnlil In IIAI r I'lXTC4nt Ulit < . , niul In I'IN r C A.NM nl M ) ctM. , elthi r the nlto HluuliM If )0nito not tlnd thltf nt Votir Denier i link hint to order It for ) ou rormluln Uaiahi by Itlchiidion rud Co.N hole nlu , \ K2 oActhmaCuroc , I rr/i'/la lh wont cuctj Ian -n ccta.J Ifortablo atocpi effecta curca uhcrtallcthorj l4il. A\ \trial rtmrtfftl tha nOJt * * ffirn ( . 1'ricc , 60 r'u.ftiull IC1.CD , of Dnujljti or Ir mall Eaair.lt FRrA fur " np-H-BpnirFMA'm. Brlrnnl , Minn Guitars.Mandolins&Zilhers . In vnlDiniAnd qudllty of torn art the bcnl In HIP uorld. WarrfintM 'earlnanvclimato. ' hold by all lead 'ealerj ItrAtitifully lllutratnt d . Rcrlptirn catalouuo nith iKirtrait * ol finiuun arista \ILiil ; tltlCi ; . LYON&HEALY.CHICAOQ. BRACE UP ! \Venknien with brnln , ncrroi nnd spinal cpliii f 'Occiitit nnwi I uiii | n ininplo linn li mull . . . rirrnlnni nrlcii ll t nnd Innui to nifi'iitt , neoiini I , iir ti-rr l"y at " ' < AdilM'i" Till ! IMM.K44 I I orillM I.I.NH CO 1 llvriuim 3U.Vorceslur FRENCH SPECIFIC. A POSITIVE' andperminenl CURE lor all Clieaitt olhe y R1N A K Y O R G ANS. CUIM where othtrlrealmentUlls. Full directions nllh each hottle. Pilct , one dollar. See tlgnitrrool E. L. SIAHL For Bale By All DfURilBt . DOT REFUSE SUBSTITUTES. GENUINE HAS BUFF WRAPPER AROUND BOTTLE- MADE ONLY BY POND'S EXTRACT CO. , 70 FIFTH AVE NEW YOHK-
