ciety, but is not a foreign state.1

It is a domestic de

pendent nation, and is to be deemed in a state of pupilage. Its relation to the United States is that of a ward to a guardian.

§ 145. As it respects foreign nations, the Indian tribes within the limits of the United States are considered as completely within the control and protection of the United States; so that the interference of any foreign nation with those Indian tribes, or an attempt to seduce their good-will from the United States, would be considered as a cause of war.

§ 146. 4th clause. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States.

§ 147. This provision vests the power of naturalization exclusively in the United States.2 In pursuance of this power, Congress have passed a series of laws prescribing the mode of naturalization. Of the classes of persons who may come under these provisions there are three,—1st, Aliens of full age; 2d, Aliens, minors; 3d, Children of citizens born in foreign countries.

§ 148. 1st. The laws provides that any alien of full age shall be admitted to citizenship in the following manner. 1st. He shall declare on oath, or affirmation, before any court of record, having common law jurisdiction, a seal and a clerk, in any state or territory, or a circuit or district court of the United States, or before the clerks thereof, two years at least before his admission, that it is bona fide his intention to become a citizen of the United States, and renounce for ever all allegiance to any foreign prince or state of which he may at the time be a citizen or subject. 2d, That he shall, at the time of his application to be admitted, declare on oath, before the aforesaid courts, that he will support the

1 Worcester vs. Georgia, 6 Peters, 559. 22 Wheaton, 259, 269. Act of April, 1802, as amended by the acts of 1804, 1813, 1816, 1824, and 1828.

Constitution of the United States, and does absolutely renounce and abjure all allegiance to any foreign prince or state whatever; and particularly that prince or state whereof he was before a citizen or subject, which proceeding shall be recorded by the clerk of the court. 3d, That the court admitting such alien shall be satisfied that he had resided within the United States the continued term of five years next preceding his admission, without being during that time out of the United States, and one year at least within the state or territory where such court is held; and that, during that time, he has behaved as a man of good moral character, attached to the principles of the Constitution, and well disposed to the good of the same,-provided the oath of the applicant shall not be allowed to prove his residence. 4th, That if the alien applying to be admitted shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state whence he came, he shall, in addition to those requisites, expressly renounce his title or order of nobility, in the court to which his application shall be made, and it shall be recorded; provided, no alien who shall be a citizen or subject of any country at war with the United States at the time of his application, shall be admitted as a citizen of the United States.

§ 149. 2d. Free white minors,' who have resided in the United States three years next preceding their arrival at twenty-one years, and who shall have continued to reside therein till the time they may make application, may, after their arrival at twenty-one years of age, and after they shall have resided in the country five years, within the United States, including three years of their minority, be admitted without having made the declaration first required; provided they shall make such declaration at the time of their admission, and shall further declare on oath, and prove to the satisfaction of the court, that for three 1 Act of May, 1824.

years next preceding, it has been the bona fide intention of such alien to become a citizen of the United States, and shall otherwise comply with the laws relative to naturalization.

passage

§ 150. The children of naturalized persons, or of those who have become citizens previous to the of any law upon the subject, and were under twentyone at the time of their parents' admission to citizenship, shall, if dwelling in the United States, be considered eitizens of the United States.

§ 151. 3d. The children of those who now are or have been citizens of the United States shall, though born out of the limits and jurisdiction of the United States, be considered as citizens; provided the children of those who have never resided within the United States shall not be so considered.

§ 152. And it is further provided,' that if an alien make the declaration in the first condition, and pursue the other requisitions as far as may be, and die before he is actually naturalized, the widow and children shall be considered as citizens, and entitled to all the rights of citizens, upon taking the oaths prescribed by law.

§ 153. An alien is, by the Common Law,2 without power to hold real estate. Several of the western states, as Ohio, &c., have abrogated this part of the common law by statute, for the encouragement of emigration.

§ 154. The power to pass a general Bankrupt Law is, by this section, vested in Congress. This power was once exercised by Congress in April, 1800; but the law was repealed in 1803. Many efforts have been made since to obtain from Congress a general Bankrupt Law; but, in consequence of a disagreement upon the details, none has been passed. The several states have frequently passed Insolvent Laws; but as another part of the Constitution, of which we shall speak hereafter, ren

1 Act of March, 1804. 22 Blackstone's Comm. 249, 293.

ders all acts impairing the obligations of contracts void, there has been much doubt as to the constitutionality and effect of these laws.

§ 155. The Supreme Court have now determined, by a series of decisions the following points:1

1st. That State Insolvent Laws cannot discharge the obligation of antecedent contracts;

2d. That the power of Congress to pass Bankrupt Laws is not an exclusive grant; it may, therefore, be exercised within constitutional limits by the states;

3d. That a state may pass valid laws discharging the person of the debtor and his after-acquired property from debts contracted after the passing such law;

4th. That such a discharge is valid only between the citizens of the state by which the law was passed;

5th. That the Insolvent Law of one state does not discharge the debtor from debts which he has incurred in another state.

§ 156. 5th clause. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures.

§ 157. The power conferred by this paragraph has been long and efficiently exercised, so that the American coinage has supplied much of the currency of the country, and holds a high rank among foreign nations. The Mint of the United States is an office, with the proper officers, created by Congress in 1792,2 and has been in operation ever since. Every person may bring gold and silver to the mint to be coined, and if it is of the standard value, is assayed and coined free of expense; but if below the standard, enough is retained to pay the expense of coinage. The coinage of the United States is entirely decimal, and, therefore, in practice, more convenient than that of any other nation. Thus, the Spanish milled dollar is taken as the unit, 14 Wheaton's R. 122; 12 Wheaton's R. 273. 2 Act of April

1792.

and all smaller coin is in tenth parts of that, and all gold coin in tens above; as the dime is the tenth part of a dollar, and the eagle ten dollars. That part of this clause which relates to the standard of weights and measures, has never been acted upon,—although nothing could conduce more to the accuracy of trade, or the convenience of commerce. Several elaborate, and scientific treatises have been produced upon the subject, for the information of Congress, among which is the able Report of Mr. J. Q. Adams. In the meantime, the power is sometimes exercised by the states.

158. 6th clause. To provide for the punishment of counterfeiting the securities and current coin of the United States;

Congress have exercised this power by making the crime of counterfeiting a felony, punishable by imprisonment, fine, &c. This power is consequential to the preceding,—that of coining money and regulating its

value.

§ 159. 7th clause. To establish Post-offices and Post-roads;

The establishment of Post-offices and Post-roads has existed since, and before the organization of the present government. Being a branch of public administration co-existent with commerce, social intercourse, and the diffusion of knowledge, it has grown with the increase of the general prosperity, and has become, from small beginnings, an immense and complicated machinery. In 1830, the number of Post-offices was 9000, and the number of miles in Post-roads more than 20,000; and this number is constantly increasing.

§ 160. To establish Post-roads and Post offices, Ineans simply to make any given road a post-route, and appoint in any given place a post-master. The routes are established by act of Congress, but it is the duty of the postmaster-general to appoint postmasters at all such 1 Act of April, 1806.