"Executive, ''12 and thus amended the article became a part of the Constitution.

The benefits of the guarantee provided by this clause are admirably stated by Mr. Madison in the Federalist, and, Mr. Justice Story says, "with so much force and propriety, that it supersedes all further reasoning."'13

"In a confederacy founded on republican principles, and composed of republican members, the superintending Government ought clearly to possess authority to defend the system against aristocratic or monarchical innovations. The more intimate the nature of such a union may be, the greater interest have the members in the political institutions of each other; and the greater right to insist, that the forms of government under which the compact was entered into, should be substantially maintained. But a right implies a remedy; and where else could the remedy be deposited than where it is deposited by the Constitution? Governments of dissimilar principles and forms have been found less adapted to a Federal coalition of any sort than those of a kindred nature. 'As the Confederate Republic of Germany,' says Montesquieu, 'consists of free cities and petty states, subject to different princes, experience shows us that it is more imperfect than that of Holland and Switzerland.' 'Greece was undone,' he adds, 'as soon as the king of Macedon obtained a seat among the Amphictyons." In the latter case, no doubt, the disproportionate force, as well as the monarchical form, of the new confederate, had its share of influence on the events. "It may possibly be asked, what need there could be of such a precaution, and whether it may not become a pretext for alteration in the State Governments, without the concurrence of the States themselves. These questions admit of ready answers. If the interposition of the General Government should not be needed, the provision for such an event will be a harmless superfluity only in the Constitution. But who can say what experiments may be produced by the caprice of particular States, by the ambition of enterprising leaders, or by the intrigues and influence of foreign powers? To the second question, it may be an

12 Journal, 736.

13 The Federalist, No. 43.

swered that, if the General Government should interpose by virtue of this constitutional authority, it will be of course bound to pursue the authority. But the authority extends no further than to a guaranty of a republican form of government, which supposes a pre-existing government of the form which is to be guaranteed. As long, therefore, as the existing republican forms are continued by the States, they are guaranteed by the Federal Constitution. Whenever the States may choose to substitute other republican forms, they have a right to do so, and to claim the Federal guaranty for the latter. The only restriction imposed on them is, that they shall not exchange republican for anti-republican constitutions; a restriction which, it is presumed, will hardly be considered as a grievance." By the United States is meant the greater governmentthe whole of the States united-and these are to guarantee to each State among the United States, that is, to every State in the Federal Union, a republican form of government. The term State as used in this clause was held by Chief Justice Chase in Texas v. White,14 to mean, "a political community of free citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited by a written constitution, and established by the consent of the governed. It is the union of such States, common constitution, which forms the distinct and greater political unit, which that Constitution designates as the United States.'

Congress determines when a State has a republican form of government.-The Constitution does not define what shall be called a republican form of government; nor does it state what department of the government shall settle the question. But as Congress must admit States into the Union and as each State must have a republican form of government, it is reasonable to conclude that upon Congress rests the responsibility of determining the matter.

In Luther v. Borden,15 Chief Justice Taney said: "As the United States guarantee to each State a republican government, Congress must necessarily decide what government is established in the State before it can determine

14 7 Wallace, 721.

15 7 Howard, 1, 42.

whether it is republican or not, and when the Senators and Representatives of a State are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized by the proper constitutional authority and its decision is binding on every other department of the government."

In reviewing this subject in Minor v. Happersett,16 Chief Justice Chase said: "The guaranty is of a republican form of government. No particular government is designated as republican, neither is the exact form to be guaranteed, in any manner especially designated. Here, as in other parts of the instrument, we are compelled to resort elsewhere to ascertain what was intended. The guaranty necessarily implies a duty on the part of the States themselves to provide such a government. All the States had governments when the Constitution was adopted. In all, the people participated to some extent, through their representatives. These governments the Constitution did not change. They were accepted precisely as they were, and it is, therefore, to be presumed, that they were such as it was the duty of the States to provide. Thus we have unmistakable evidence of what was republican in form, within the meaning of that term as employed in the Constitution."

In the early case of Chisholm v. Georgia, Mr. Justice Wilson (p. 457) defined a republican government to be one constructed on the principle that the supreme power resides in the body of the people.17 It is the form of government which the Constitution guarantees to be republican, and it was held in In re Duncan,18 that "the distinguishing feature of that form is the right of the people to choose their own officers for governmental administration, and pass their own laws in virtue of the legislative power reposed in representative bodies, whose legitimate acts may be said to be those of the people themselves."

From these comments we may conclude that a republican form of government is one in which the people elect their law makers and their public officers. Mr. Justice Brown

16 21 Wallace, 162, 175, 176.

17 2 Dallas, 419.

18 139 U. S. 449, 461.

in Downes v. Bidwell said: "A republican form of government is one in which the supreme power resides in the whole body of the people, and is exercised by the representatives elected by them.''19

There is another question which grows out of this provision. What is the test by which a republican form of government is to be determined? When does a State have or cease to have a republican form of government? The United States is bound to guarantee to each State in the Union a form of government which is republican, but when is that requirement satisfied? Suppose a State shall say that it did not have a republican form of government and appeal to the United States to give it such a government. Under this clause by what test is the question to be determined?

Chief Justice Taney, in Luther v. Borden, said: "As the United States guarantees to each State a republican form of government, Congress must necessarily decide what government is established in the State before it can determine whether it is republican or not. And when the Senators and Representatives of the States are admitted in the councils of the Union, the authority of the government under which they are appointed as well as its republican character is recognized by the proper constitutional authority."

A government known as the United States was formed by the union of the original thirteen States. At that time they were thirteen separate and independent sovereignties. After the Union they were one sovereignty; each State agreed to a general Constitution which guarantees to each State in the Union a republican form of government.

What form of government was understood by the framers of the Constitution to be meant by this guarantee? It is entirely probable that the States had in mind forms of government similar to those then existing. In other words a republican form of government within the meaning of this clause is to be tested by the question, whether or not such a government conforms to the State governments which existed at the time the Union was formed. The question was somewhat touched upon by Mr. Web

19 182 U. S. 278, 279.

ster in his argument in Luther against Borden above cited. After quoting the constitutional guarantee as to a republican form of government he said:

"I cannot but think this a very stringent article, drawing after it the most important consequences, and all of them good consequences. The Constitution, in the section cited, speaks of States as having existing legislatures and existing executives; and it speaks of cases in which violence is practised or threatened against the State, in other words, 'domestic violence;' and it says the State shall be protected. It says, then, does it not, that the existing government of a State shall be protected.

"The Constitution does not proceed on the ground of revolution; it does not proceed on any right of revolution; but it does go on the idea, that, within and under the Constitution, no new form of government can be established in any State, without the authority of the existing government.

"Suppose three-fourths of the people of Rhode Island to have been engaged in it, and ready to sustain it. What then? How is it to be done without the consent of the previous government? How is the fact, that three-fourths of the people are in favor of the new government, to be legally ascertained? And if the existing government deny that fact, and if that government hold on, and will not surrender till displaced by force, and if it is threatened by force, then the case of the Constitution arises, and the United States must aid the government that is in, because an attempt to displace a government by force is 'domestic violence.' It is the exigency provided for by the Constitution. If the existing government maintain its post, though three-fourths of the State have adopted the new constitution is it not evident enough that the exigency arises in which the constitutional power here must go to the aid of the existing government?

"But the law and the Constitution, the whole system. of American institutions, do not contemplate a which a resort will be necessary to proceedings aliunde, or outside of the law and the Constitution, for the purpose of amending the frame of government. They go on the idea that the States are all republican, that they are all representative in their forms, and that these popular gov