is so conferred upon it. pass such laws as Congress authorizes. Hence, if so empowered, a foreign municipal law in a territory may be repealed or modified by a territorial legislature.

A territorial legislature may

When a State is duly organized in a territory of the Union, and admitted by Congress, pursuant to the third article of the national constitution, then a plenary municipal jurisdiction within its limits belong to it, and its legislature, unless restricted by the constitution or by treaty, may repeal or modify any foreign or territorial law before existing. This is an admitted doctrine.

When Texas was admitted into our Union she remained subject to her own municipal authority and laws, except so far as they were in conflict with the Constitution of the United States.

In California, the people having organized a State Constitution and ratified it, proceeded, with the approbation of President Taylor and his Cabinet, to appoint State officers, senators and representatives to Congress, and to pass all necessary State laws to put the excellent constitution of California into complete effect. Governor Burnett recommended this course, on the ground of similar precedents in organizing the States of Michigan and Wisconsin. This constitution was communicated to Congress by President Taylor, with a recommendation that it should be ratified, as the people of the new State had a right to regulate their own municipal law. The admission of California by act of Congress by relation, made valid all acts of the new State, though prior in point of time. California, not having been provided with a territorial government by Congress, was of necessity compelled to organize a State government for her own happiness and prosperity.

Prior to such ratification, the State of California, as to its own municipal laws and its internal action, was a State

de facto, founded by its own people; and its legislature might pass valid laws, repealing or modifying at its pleasure the Mexican municipal laws. This doctrine results from our system, by which it is affirmed that all power emanates from the people, and that all State municipal authority resides with the people of the States or their respective legislatures. Besides, the municipal acts of a government de facto are good and valid of necessity, provided the power of Congress and the property of the United States. are not invaded or interfered with. By the law of nations the treaties of a government de facto are valid, and its existence and acts are recognised as national. This rule applies to our States situated like California before admission as a State of the Union, for State purposes, though waiting the approval of its constitution by Congress.

SEC. 14. In our republic, the national government, in admitting Texas as a State of our Union, has declared that, though Texas was permitted to cede to our Union all of her fortifications, her national jurisdiction and sovereignty, and be converted into a State, with municipal State powers, she should retain her public lands and pay her own debts. (5 U. S. St. L. 797.) The United States received a cession of Texas with the right of settling all questions of boundary for Texas, and of organizing, with her assent-not to exceed four-new States within her territorial limits, in addition to the State of Texas, when the population should be sufficient; the States so formed, north of 36 degrees and 30 minutes of north latitude, to be free States, and those formed of territory south of that line, called the Missouri Compromise line, to be admitted with or without slavery, as the people of the State asking admission should desire. And the resolution admitting Texas declares that the United States will, in no event, be liable for the debts of Texas. (Ib.) Now, as a State of our Union can be sued by a foreign

State in the Supreme Court of the United States, and its property can be levied on to satisfy any debt of a foreign nation; and as any foreign nation may take assignment of any debts due its citizens from Texas, or any other State of our Union, and prosecute them before that court, no exception can, perhaps, be taken to the disclaimer of our national liability for the debts of Texas. In ordinary cases, however, where the whole national property and jurisdiction are ceded to another nation, the latter is justly liable for her debts.

SEC. 15. In case of a division of any State of our Union, the rule applied by public law to dividing nations, of an equitable pro rata division of the national debt, applies to the States of our Union. It is a principle of natural equity.

If a union of two States were to be constitutionally effected, their State debts would, on the same principle, be consolidated.

SEC. 16. When a State is added to our Union, it becomes at once chargeable with our national debt, not as a State, but as a part of the Union. This is the national rule of public law. Our ordinance of 1787 provided, in admitting the States northwest of the Ohio River, that the new States should be subject to pay a part of the Federal debts, contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other States, under the articles of confederation. The same principle formed a condition of the cession, by North Carolina to the United States, of the territory now forming the State of Tennessee. (1 U. S. St. L. 106-108.)

SEC. 17. In our Union, when new States are formed out of old ones, or out of territories of the United States, or

part of one State is ceded to another by a State compact, sanctioned by act of Congress, the change of municipal sovereignty does not affect private rights in the soil, but these remain unchanged. (1 Wheat. R. 279, 281. 7 Pet. 87.) In such cases, State rights appurtenant to the soil pass to the new or acquiring State.

SEC. 18. A new State, when it adopts a constitution, and is admitted by Congress into the Union, fixes, by its constitution or law, the day when the State government shall go into effect; and, from that day, all municipal laws before in force, and laws of the United States not incorporated with its constitution and State laws, cease, and the State becomes subject to its own municipal laws, to the Constitution of the Union, and national acts of Congress and treaties. All territorial laws or acts of Congress for its government as part of the territories of the Union, are superseded by the State government. The Supreme Court of the United States so decided, (10 How. 93, 94,) holding that the ordinance of 1787, adopted by act of Congress in 1789, was superseded, so far as it was municipal, in Ohio, by the organization of that State.

SEC. 19. American public and private international law form part of the elementary law of our Union, without special adoption by a State statute or constitution.

SEC. 20. The Constitution of the United States displaced the confederation, and actually went into operation on the first Wednesday in March, 1789. (5 Wheat. 420, 424.)

SEC. 21. The principle of the law of nations, which continues the municipal law of a ceded or conquered country until changed or superseded by the legislation of the new or acquiring State, enacted for that purpose, has been declared a part of American public law in relation to State organizations, and to apply as well to the com

mon or unwritten law as to statute law. (12 Pet. 614. 1 U. S. St. L. 106-108. 5 How. U. S. R. 81. 14 How. 227. 2 Iredell's N. C. R. 350. 1 Pet. 542.) Our acts of Congress declare the same doctrine. (2 U. S. St. L. 245, § 2; p. 248, § 4; p. 285, §7; p. 286, § 11.)

In ceding Tennessee, North Carolina expressly provided for the continuance of her laws until they should be duly repealed or modified-a provision merely declaratory of American public law. (1 U. S. St. L. 106-108.)

In all cases of establishing new States, an act of Congress is passed to declare the extension of the laws of the United States to them. (3 U. S. St. L. 390, 502.) In all civilized countries, all changes of municipal law must be made, of necessity, by some written or printed law, enacted for the purpose, and promulgated publicly and officially for the government of the people affected by it.

Upon these principles the national Supreme Court held, that the admission of Texas into our Union did not subject the people of that State to the United States revenue laws until, by act of Congress, they were expressly extended to them. (14 How. 227.)

In Benner et al. vs. Porter et al. (9 How. 235,) the Supreme Court of the United States, in giving their opinion, say: "That Congress, in the exercise of its powers, in the organization and government of the territories, combines the powers of both of the Federal and State authorities.

The court held, in that case, that by the admission of Florida as a State, by act of Congress, March 3d, 1845, the territorial government was displaced, and abrogated every part of it; and that no power or jurisdiction existed within her limits, except that derived from the State authority, and that by force and operation of the Federal constitution and laws of Congress, and especially that no jurisdiction continued in federal cases until Congress in