Rights, commonly known as the first ten amendments. Second: territory which is not incorporated into the United States, but which may be regarded as outlying territory. This is subject to be governed by Congress under the powers granted in the Constitution applicable to such territory, not necessarily including all the provisions of the Bill of Rights, but subject to such limitations upon Congressional action as inhere in the "prohibitions" of the Constitution. The United States has full power to hold annexed territory until its inhabitants are qualified to become citizens thereof, and Congress may determine how long that period shall continue. After Congress has acquired territory by conquest or cession the civil government of the United States cannot immediately extend to it of its own force, but in the meantime, until the civil government can extend to it, the President may govern it under his authority as commander-in-chief of the military forces of the United States.

Since the above chapter was written Congress has provided for the admission of the last of the Territories as States into the Union. When this is accomplished there will be forty-eight States. Three were formed from original States, fourteen from original territory of the United States outside the thirteen States, and eighteen from territory acquired by the United States from foreign nations.

This last acquisition contrasts strongly with the views of some of our early statesmen. Josiah Quincy, referring to Mr. Jefferson's purchase of Louisiana, said:

"He coupled it with a design insidious and unprincipled. The clause in the Constitution giving the power to Congress to admit into the Union other States, had unquestionably sole reference to the admission of States within the limits of the original territory of the United States. No original document, argument, or treatise, at the time of the formation of the Constitution, can be adduced to give color to the opinion that it was intended to extend to territories then belonging to foreign powers, beyond the limits of the original thirteen States. By this act, as was then foreseen, and the result has proved, Jefferson unsettled and spread the whole foundations of the Union, as established by the original Constitution of the United States, introduced a population alien to it in every element of character, previous education, and political tendency. Had his policy terminated with this result, it would have been sufficiently unprincipled, though less injurious; but it was far-reaching into the future, and in its effects on the destinies of the Union."-Life of Josiah Quincy, 89-91.

CHAPTER XLVIII.

GUARANTEE OF A REPUBLICAN FORM OF GOVERNMENT TO EVERY STATE-AMENDMENTS, HOW PROPOSED.

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.

This clause is attributable to Mr. Wilson but was enlarged by the Committee of Detail. It seems to have been a well defined purpose of the Convention that the general government should guarantee to each of the States. a republican form of government. This was probably due to the fact that the absence of a similar guarantee in the Articles of Confederation was considered one of their greatest defects and sources of weakness. Perhaps it was also somewhat due to the domestic trouble, or insurrection, which occurred in Massachusetts in 1787, and which threatened to overthrow the State government and possibly involve the nation in a violent struggle. The lesson which the nation learned from this experience in a single State was certainly an important one, for it taught the people how valuable would be the assistance of the general government in the event such an experience should be repeated. This clause is one of the most important in the Constitution, and few provisions in that instrument did more to strengthen the feeling of reliance upon the power of the general government by the individual States. When it was inserted in the Constitution that the United States would guarantee to every State in the Union a republican form of government and protect each of them against invasion, and, when applied to by the legislature, or executive of a State, against domestic violence, the States and the people were justified in feeling that they could safely rely upon their guarantor and protector, which

was the general government. The members of the Convention evidently expected some article bearing upon the question to be presented for their consideration. They were not disappointed.

The plan of Mr. Randolph provided: "A republican government, and the territory of each State, except in the instance of a voluntary junction of government and territory, ought to be guaranteed by the United States to each State.""

While the plan of Mr. Pinckney did not go as far as that of Mr. Randolph, it contained an article that, "On the application of the legislature of a State, the United States shall protect it against domestic insurrection.'

In Committee of the Whole Mr. Randolph's resolution was changed to read: "A republican Constitution, and its existing laws ought to be guaranteed to each State by the United States,'' and in this form it was adopted unanimously by the committee and reported by it to the Convention. When it came up for consideration before the Convention it caused some debate and opposition.

Mr. Gouverneur Morris objected for the reason that he did not wish to guarantee such laws as existed in some of the States-naming Rhode Island.

Mr. Wilson said: "The object of the resolution is merely to secure the States against dangerous commotions, insurrections and rebellions."

Col. Mason observed: "If the General Government should have no right to suppress rebellions against particular States, it would be in a bad situation. As rebellions against itself originate in and against individual States, it must remain a passive spectator of its own subversion."

Mr. Randolph remarked: "The resolution has two objects-first, to secure a republican government; second, to suppress domestic commotions." He urged the necessity of both of these provisions.

Mr. Madison moved to substitute the following words: "That the constitutional authority of the States shall be

1 Journal, 63.

2 Journal, 72. 3 Journal, 149. 4 Journal, 162.

guaranteed to them respectively against domestic as well as foreign violence.''

This was objected to by Mr. Houston, who was afraid of perpetuating the existing constitutions of the States, as some of them were very bad.

Mr. Luther Martin was in favor of leaving the States to suppress rebellions.

Mr. Gorham thought it "strange that a rebellion should be known to exist in the empire, and the General Government should be restrained from interposing to subdue it. An enterprising citizen might erect the standard of monarchy in a particular State, might gather together partisans from all quarters, might extend his views from State to State and threaten to establish a tyranny over the whole, and the General Government be compelled to remain an inactive witness to its own destruction. With regard to different parties in a State, as long as they confine their disputes to words, they will be harmless to the General Government and to each other. If they appeal to the sword, it will then be necessary for the General Government, however difficult it may be, to decide on the merits of their contest, to interpose and put an end to it."

Mr. Carroll said: "Some such provision is essential. Every State ought to wish for it."

Mr. Randolph moved to add as an amendment to the motion the words, "and that no State be at liberty to form any other than a republican government." This motion was seconded by Mr. Madison.

Mr. Rutledge thought it unnecessary to insert any guarantee. No doubt could be entertained but that Congress had the authority, if they had the means, to cooperate with any State in subduing a rebellion; it was and would be involved in the nature of the thing.

Mr. Wilson then moved, as a better expression of the idea, "That a republican form of government shall be guaranteed to each State; and that each State shall be protected against foreign and domestic violence."

This motion was well received by the Convention, and thereupon Mr. Madison and Mr. Randolph withdrew their propositions, and Mr. Wilson's motion was adopted with

5 Journal, 380, 381.

6

out opposition. In that form it was referred to the Committee of Detail. That committee reported the article back to the Convention as follows: "The United States shall guarantee to each State a republican form of government; and shall protect each State against foreign invasions, and, on the application of its legislature, against domestic violence.’'8 In the Convention the word "foreign" was unanimously stricken out as superfluous, being implied in the term "invasion."

Mr. Dickinson then moved to strike out the words, "on the application of its legislature, against." This would have made the article read: "The United States shall guarantee to each State a republican form of government, and shall protect each State against foreign invasions and domestic violence." He thought it essential to the tranquillity of the United States that they in all cases suppress domestic violence from whatever source it proceeded. But his motion did not prevail. He also wished to strike out the words "domestic violence" and insert "insurrections," but this motion failed.

He likewise moved to insert the words, "or Executive," after the words "application of its legislature," giving as his reason that the occasion itself might hinder the legislature from meeting. This amendment prevailed by a vote of eight States to two.10

Mr. Luther Martin suggested adding the words, "in the recess of the legislature." This received only the vote of Maryland. As thus amended the article went to the Committee on Style, who reported it as follows: "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 Executive, against domestic violence." When this report came before the Convention the words, "when the legislature cannot be convened," were inserted after the word

6 Journal, 382.

7 Journal, 448.

8 Journal, 460.

• Journal, 639. 10 Journal, 639. 11 Journal, 712.