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Acts are the Constitutional governments of the States. They are restored State governments, organized in allegiance to the Union for the benefit of the States.

603. THE ANTAGONISTIC THEORIES.-The theories of the Union described above were many years in course of formation. The early Strict-construction statesmen who held the milder form of State sovereignty, contributed important ideas to the formation of the stronger form; but it was John C. Calhoun, more than any other man, who completed that theory and gave it currency. The National theory was mainly the work of Hamilton, Marshall, Story, and Webster. The Civil War was but the clash of these opposing theories; and the Supreme Court, in Texas v. White, merely summed up the results of the appeal to the Court of War. The adjustment of the particular and general elements in our system is still the subject of discussion, and it will remain such as long as the Federal system stands; but it is not easy to imagine a state of affairs as actually existing that could revive the old theory of State sovereignty.

For example, the State of Mississippi has inserted this article in her bill of rights, adopted in 1890: “The right to withdraw from the Federal Union on account of any real or supposed grievance, shall never be assumed by this State, nor shall any law be passed in derogation of the permanent allegiance of the citizens of this State to the government of the United States."

604. NO RELIGIOUS TEST.-Governments having state churches have often required religious qualifications for holding offices or public trusts. The English Test and Corporate Act, passed in 1675, which included among its qualifications for entering on any muncipal office a reception of the communion according to the rites of the Anglican Church, was not repealed until 1828. Jews were not allowed to sit in the House of Commons until 1858. The Lord Chancellor even now must be a Protestant. Similar tests were common in the Colonies, and have also existed in the States. It was not until 1877 that New Hampshire struck from her constitution clauses requiring her governor and legislators to be adherents of the Protestant

religion. The National Constitution makes religion an individual and not a political matter, by establishing the widest tolerance.

This rule has no application to the States. The Supreme Court has said: "The Constitution makes no provision for protecting the citizens of the respective States in their religious liberties; this is left to the State constitutions and laws; nor is there any inhibition imposed by the Constitution of the United States in this respect on the States." 1

NOTE. The following are the States that seceded, with dates: South Carolina......December 20, 1860

Texas......

..February 1, 1861

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CHAPTER XXIX.

RATIFICATION.

ARTICLE VII.

The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

605. REASONS FOR THIS ARTICLE.-No amendment could be made to the Articles of Confederation, unless proposed by Congress and ratified by the legislatures of all the States. But the Convention that Congress, in 1787, called to its assistance, solely and expressly to revise the Articles of Confederation, and report such alterations and provisions therein as should, when approved by Congress and ratified by the States, render them adequate to the exigencies of government and the preservation of the Union, at once abandoned this plan, and took up the task of framing a new constitution. In this way, the necessity of Congress' agreeing to the Constituion, and the rule requiring a unanimous ratification, were avoided. A new constitution could prescribe its own rule of ratification. The Convention fixed upon nine States, the number required by the Articles for transacting business of first-class importance. Had the agreement of Congress and a unanimous vote of the States been necessary, the Constitution never would have been adopted at all. Still, the course taken in 1787 was, in effect, revolutionary, since it disregarded the provisions of the constitution already in force.

606. THE STATUS OF STATES NOT RATIFYING.-What would have been the status of States permanently refusing to

ratify the Constitution? While the Constitution was under consideration, little was said about this delicate question. The policy was, by argument and persuasion, to secure unanimous ratification, if possible, and this policy fortunately proved successful.

It has been held that if Rhode Island and North Carolina had persisted in their first refusal to ratify, they would have become foreign nations. Practically, this is an impossible view. Those States belonged to the Union that was formed in 1775; they had participated in the War of Independence; the public debt was in part their burden; they held important territorial positions in the dominion surrendered by Great Britain in 1783. These facts precluded their being permitted to set up for themselves as independent nations. The logic of events compelled them to share the fortunes of their sister States. Congress began to give attention to these States soon after the Houses were organized in 1789. Ships belonging to their citizens were exempted from paying the duties levied on foreign ships, and Rhode Island asked for such an exemption. This was an implied acknowledgement on her part, as well as an assertion on the part of Congress, that Rhode Island was still one of the United States. In May, 1790, the Senate passed a bill forbidding all commercial intercourse with that State, and calling upon her for her share of the expenses of the war. The House delayed action to see what the State convention that had been called would do. Had it been necessary, compulsion would no doubt have been ultimately employed against Rhode Island and North Carolina. But, happily, their ratifications made that unnecessary.

CHAPTER XXX.

THE BILL OF RIGHTS.

AMENDMENTS I.-XII.

607. THE MASSACHUSETTS PLAN.-The several propositions relating to amending the Constitution before it should go into operation, have been stated in another place. Also the plan adopted by its friends in Massachusetts, and in some other States, for effecting its ratification, that pledged them to favor amendments deemed necessary when the time came.

608. TEN AMENDMENTS MADE.-When Congress, at its first session, took up the subject, it was found that Massachusetts had proposed 9 amendments, South Carolina 4, North Carolina 26, Virginia 20, New York 32, and New Hampshire 12; that minorities of the Pennsylvania and Maryland conventions had proposed 14 and 28 respectively; that Virginia had proposed a bill of rights containing 20 articles, and New York one of 24, the whole making a total of 189 items. Many of them were repetitions, but there was still a large number of independent propositions. Twelve amendments, mainly selected from this mass, received a two-thirds vote of both Houses, and were sent to the State legislatures for their action. Ten of the twelve received the required number of ratifications, and were declared in force, December 15, 1791.

Article I.-Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

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