the State. He declined to concede that the question could be determined by the commerce clause of the Constitution but held that the tax was void because it interfered with National rights of the people of the United States.2 But although he was an ardent upholder of the sovereign powers of the National Government, Mr. Justice Miller never lost sight of the extensive powers of the States, or of the boundary line between Federal or National and State jurisdiction, as was evidenced by his far-reaching opinion in the Slaughterhouse cases which will be referred to at length hereafter.3

§ 30. Justice Field's Opinion.—In 1889, Mr. Justice Field,1 after quoting these prior declarations of the court, declared that, "the United States formed for many and for important

all its other offices; and this right cannot be made to depend upon the pleasure of a State over whose territory they must pass to reach the point wherein these services must be rendered. The govern

2" The people of these United States constitute one nation. They have a government in which all of them are deeply interested. This government has necessarily a capital established by law, where its principal operations are con-ment, also, has its offices of secondducted. Here sits its legislature, ary importance in all other parts composed of senators and repre- of the country. On the sea-coasts sentatives from the States and from and on the rivers it has its ports of the people of the States. Here entry. In the interior it has its resides the President, directing land offices, its revenue offices, and through thousands of agents, the its sub-treasuries. In all these it execution of the laws over all this demands the services of its citizens, vast country. Here is the seat of and is entitled to bring them to the supreme judicial power of the those points from all quarters of nation, to which all citizens have a the nation, and no power can exist right to resort to claim justice at its in a State to obstruct this right hands. Here are the great execu- that would not enable it to defeat tive departments, administering the purposes for which the governthe offices of the mails, of the ment was established." Crandall public lands, of the collection and vs. Nerada, U. S. Sup. Ct. 1867, distribution of the public revenues, 6 Wallace, 35, p. 43, MILLer, J. and of our foreign relations. These are all established and conducted under the admitted powers of the Federal government. That government has a right to call to this point any or all of its citizens to aid in its service, as members of the Congress, of the courts, of the executive departments, and to fill

8 The Slaughter House Cases, U. S. Sup. Ct. 1872, 16 Wallace, 33, MILLER, J., and see § 357, Chapter XI. Vol. II, pp. 52, et seq.

§ 30.

1 Chae Chan Ping vs. United States, U. S. Sup. Ct. 1889, 130 U. S. 581, p. 604, Field, J.

purposes a single nation." Continuing, that gifted jurist, who longer than any other justice of the Supreme Court, occupied a seat upon its bench, re-stated as the rule of the Court the views expressed by Chief Justice Marshall sixtyeight years before as follows: "In war, we are one people. In making peace we are one people. In all commercial regulations, we are one and the same people. In many other respects the American people are one, and the government which is alone capable of controlling and managing their interests in all these respects is the government of the Union. It is their government, and in that character they have no other. America has chosen to be, in many respects and to many purposes, a nation; and for all these purposes her government is complete. To all these objects it is competent. The people have declared, that in the exercise of all powers given for these objects, it is supreme. It can, then, in effecting these objects, legitimately control all individuals or governments within the American territory."3

There is a significance in the use of the word "American throughout this declaration of unity, for by that name the people of this country are essentially known in their national, as distinguished from their federal, capacity.

§ 31. Views of Justices Gray and Bradley. The same rule was reaffirmed in 1893 by Mr. Justice Gray, who, reiterating statements made by Mr. Justice Bradley,1 expressed the views of the court as follows: "The United States is not only a government, but a national government, and the only government in this country that has the character of nationality. It is vested with power over all the foreign relations of the country, war, peace and negotiations, and intercourse with other nations, all of which are forbidden to the State governments-for local interests the several states of our Union exist, but for international relations, with for2 Cohens vs. Virginia, U. S. Sup. and referred to at length § 379, Ct. 1821, 6 Wheaton, 264, p. 413, chapter XII. and §§ 448, 453, MARSHALL, Ch. J. chapter XV, Vol. II.

See also opinion of Justice FIELD, sustaining the jurisdiction of United States Consular Courts in foreign countries: In re Ross, U. S. Sup. Ct. 1891, 140 U. S. 453,

§ 31.

1 Knox vs. Lee, (Legal-tender cases) U. S. Sup. Ct. 1870, 12 Wallace, 457, p. 455, Bradley, J.

eign powers we are but one people, one nation, one power.2 The United States are a sovereign and independent nation, and are vested by the Constitution with the entire control of international relations, and with all the power of government necessary to maintain their control and to make it effective. The only government in this country which other governments recognize, or treat with, is the government of the Union. The only American flag known throughout the world is the flag of the United States. The Constitution speaks with no uncertain sound upon this subject."3

Mr. Justice Gray has also expressed the opinion of the Supreme Court as to the power of the United States to exercise the natural functions of sovereignty not referred to expressly in the Constitution, but which are exercisable because it is a nation, and its Government must, therefore, be a sovereign power endowed with every element of nationality and sovereignty.ʻ

Judge Gray's opinion in the Fong Yue Ting case was referred to in a speech recently made by Senator O. H. Platt, of Connecticut, an extract from which is quoted in the notes."

2 Following Chae Chan Ping vs. | to the American people that the United States, U. S. Sup. Ct. 1889, United States lacked no element of 130 U. S. 581, p. 606, FIELD, J.

3 Fong Yue Ting vs. United States, U. S. Sup. Ct. 1893, 149 U. S. 698, pp. 705-707, GRAY, J.

4 Nishimura Ekiu VS. United States, U. S. Sup. Ct. 1891, 142 U. S. 651, GRAY, J.

nationality. It was denied in the nullification acts. It was triumphantly asserted by Jackson when he threatened to hang John C. Calhoun, and so cowed the incipient rebellion. It was denied in the ordinances of secession; but it was again gloriously asserted by Abraham Lincoln when he issued 5 December 19, 1898 (Cong. Rec- his call for 75,000 volunteer troops ord, p. 288, et. seq., and see numer- to preserve the Nation, and the peoous authorities referred to), after ple gloriously responded. It has quoting from Judge Gray's opinion, been written in the books. It has Senator Platt continued in regard | been written in the published utto the nationality of the United terances of statesmen from the States as follows:

Jones vs. United States, U. S. Sup. Ct. 1890, 137 U. S. 202, GRAY, J.

"The doctrine was denied by Hayne. It was triumphantly asserted by Webster in his great debate in which he first made it plain

time when the people of the States made our Constitution down to the present time.

"But Mr. President, it has been otherwise written. It has been

§ 32. Navassa Islands Case. The ownership by the United States of the Navassa and other Guano Islands, over which it exercises governmental control, rests exclusively upon discovery and occupation and acts done in pursuance of, and in conformity with, the acts of Congress passed in regard to Guano Islands. These acts, in some respects, are

written in the blood which deluged | who lost husbands, of the mothers the battlefields of the Civil War who lost children, of the children for four long years. It has been who lost fathers. It is too late to written with the sword upon the deny it, Mr. President; it is time heart of every true American citi- to believe in it with a living, savzen. It has been written on the ing faith, from which all doubt is mourning weeds of the widows eradicated.” § 32.

1TITLE LXXII.

REVISED STATUTES OF UNITED STATES-GUANO ISLANDS.

"Sec. 5570. Claim of United States to islands. Whenever any citizen of the United States discovers a deposit of guano on any islaud, rock, or key, not within the lawful jurisdiction of any other government, and not occupied by the citizens of any other government, and takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the President, be considered as appertaining to the United States. (18 Aug. 1856, c. 164, s. 1, v. 11, p. 119.) "Sec. 5571. Notice of discovery, and proofs to be furnished. The discoverer shall, as soon as practicable, give notice, verified by affidavit, to the Department of State, of such discovery, occupation, and possession, describing the island, rock, or key, and the latitude and longitude thereof, as near as may be, and showing that such possession was taken in the name of the United States; and shall furnish satisfactory evidence to the State Department that such island, rock, or key was not, at the time of the discovery thereof, or of the taking possession and occupation thereof by the claimants, in the possession or occupation of any other government or of the citizens of any other government, before the same shall be considered as appertaining to the United States.

"Sec. 5572. Completion of proof in case of death of discoverer. If the discoverer dies before perfecting proof of discovery or fully complying with the provisions of the preceding section, his widow, heir, executor, or administrator, shall be entitled to the benefits of such discovery, upon complying with the provisions of this Title; but nothing herein shall be held to impair any rights of discovery or any assignment by a discoverer heretofore recognized by the United States. (2 April, 1872, c. 81, s. 1, v. 17, p. 48.)

"Sec. 5573. Exclusive privileges of discoverer. The discoverer, or his assigns, being citizens of the United States, may be allowed, at the pleasure of Congress, the exclusive right of occupying such island, rocks, or

apparently repugnant to constitutional prohibitions and limitations; arbitrary rules and regulations, made for the gov

keys, for the purpose of obtaining guano, and of selling and delivering the same to citizens of the United States, to be used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship's tackle, a sum not exceeding eight dollars per ton for the best quality, or four dollars for every ton taken while in its native place of deposit. (18 Aug. 1856, c. 164, s. 2, v. 11, p. 119.)

"Sec. 5574. Restrictions upon exportation. No guano shall be taken from any such island, rock, or key, except for the use of the citizens of the United States or of persons resident therein. The discoverer, or his widow, heir, executor, administrator, or assigns, shall enter into bond, in such penalty and with such sureties as may be required by the President, to deliver the guano to citizens of the United States, for the purpose of being used therein, and to none others, and at the price prescribed, and to provide all necessary facilities for that purpose within a time to be fixed in the bond; and any breach of the provisions thereof shall be deemed a forfeiture of all rights accruing under and by virtue of this Title. This section shall, however, be suspended in relation to all persons who have complied with the provisions of this Title, for five years from and after the fourteenth day of July, eighteen hundred and seventy-two. (28 July, 1866, c. 298, s. 3, v. 14, p. 328. 2 April, 1872, c. 81, s. 1, v. 17, p. 48.)

"Sec. 5575. Regulation of guano trade. The introduction of guano from such islands, rocks, or keys, shall be regulated as in the coastingtrade between different parts of the United States, and the same laws shall govern the vessels concerned therein. (18 Aug. 1856, c. 164, s. 3,

v. 11, p. 120.)

"Sec. 5576. Criminal jurisdiction. All acts done, and offenses or crimes committed, on any such island, rock, or key, by persons who may land thereon, or in the waters adjacent thereto, shall be deemed committed on the high seas, on board a merchantship or vessel belonging to the United States; and shall be punished according to the laws of the United States relating to such ships or vessels and offenses on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys.

"Sec. 5577. Employment of land and naval forces. The President is authorized, at his discretion, to employ the land and naval forces of the United States to protect the rights of the discoverer or of his widow, heir, executor, administrator, or assigns.

"Sec. 5578. Right to abandon islands. Nothing in this Title contained shall be construed as obliging the United States to retain possession of the islands, rocks, or keys, after the guano shall have been removed from the same."

See also the Guano Islands Acts of August 18, 1856, chapter 164; 11 U. S. Stat. at Large, 119; 28 July, 1868, c. 298, § 3, v. 14, p. 328; 2