SECTION 100. THE FIFTEENTH AMENDMENT.

The fifteenth amendment to the Constitution was proposed to the legislatures of the several states by Congress on February 27, 1869, and was declared to have been ratified by a sufficient number of states and to have been adopted, by a proclamation issued by the Secretary of the State on March 30, 1870.

The text of this amendment is as follows:

"Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

"Section 2. The Congress shall have power to enforce this article by appropriate legislation."

The fifteenth amendment does not confer the right of suffrage upon anyone. It prohibits the state or the United States, however, from giving preference in this particular to one citizen of the United States over another on account of race, color, or previous condition of servitude. The amendment invested the citizens of the United States with a new constitutional right, which is exemption from discrimination in the exercise of the elective franchise on account of race, color, or previous condition of servitude, which Congress may enforce by "appropriate legislation." 127 The Limitation contained in this amendment is the only restriction upon the power of the States to regulate the suffrage within its limits. This amendment had the effect, in law, to remove from a State Constitution, or render inoperative, a provision restraining the right of suffrage to the white race.128

17 United States vs. Reese, 92 U.

S., 214.

128 34 Neal vs. Delaware, 103 U. S., 370. See also United States vs. Cruikshank, 92 U. S., 542.

CHAPTER IX.

WAR, ACQUISITION OF TERRITORY AND THE GOVERNMENT OF THE TERRI

TORIES AND COLONIES.

SECTION 101. METHODS OF CONDUCTING WARFARE.

As already stated the right to declare and carry on war is one of the necessary powers of every sovereign nation and as a matter of course resides in the government of the United States. Certain matters relative to this subject have been already discussed in the Chapter on the power of Congress, while the subject of the proper methods of conducting war will be taken up under the subject of International Law. In particular a discussion of the Prize Cases will be found under that heading.

SECTION 102. ACQUISITION OF TERRITORY.

The United States has full and complete power to acquire new territory either by conquest, purchase, cession, discovery, settlement or any other way known and recognized by International Law. This power is a necessary attribute attached to the sovereignty of every independent country. "The power to acquire territory other than the territory northwest of the Ohio river, (which belonged to the United States at the time of the adoption of the Constitution) is derived from the treaty-making power and the power to declare and carry on war. The incidents of these powers are those of national sovereignty, and belong to all independent

governments."'1

"Power to acquire territory either by conquest or treaty is vested by the Constitution in the United States, conquered territory, however, is usually held, as a mere military occupation until the fate of the nation from which it is conquered is determined, but if the nation is already subdued, or in case it be destroyed and ceases to exist, the right of occupation becomes permanent and the title rests absolutely in the Conquerer."'2

"The Constitution confers absolutely upon the government of the Union the powers of making war and of making treaties, consequently that government possesses the power of acquiring territory, either by conquest or by treaty. The usage of the world, is, if a nation be not entirely subdued to consider the holding of conquered territory as a mere military occupation until its fate shall be determined, at the treaty of peace. If it be ceded by the treaty, the acquisition is confirmed and the ceded territory becomes a part of the nation to which it is annexed, either on the terms stipulated in the treaty of cession, or on such as its new master shall impose." "As free and independent States, they (The United States of America) have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States, may, of right do." "It is superfluous to cite authorities establishing the right of the government of the United States to acquire territory, in view of the possession of the Northwest Territory when the Constitution was framed and the cessions

1 Mormon Church V8. United States, 136 U. S., 1.

• United States vs. Huckabee, 16

Wallace, 414; Hogshead of
Sugar vs. Bayle, 9 Cranch, 195;
Shanks vs. Dupont, 3 Peters,
246; United States vs. Rice,

4 Wallace, 254; Johnson vs. McIntosh, 8 Wheaton, 543. Chief Justice Marshall in American Insurance Co., vs. Canter, 1 Peters, 511.

• Declaration of Independence.

to the general government by various States subsequent to the adoption of the Constitution, and in view also of the vast extension of the territory of the United States, brought about since the existence of the Constitution by substantially every form of acquisition known to the law of Nations."""

SECTION 103.

GOVERNMENT OF TERRITORY BELONGING

TO THE UNITED STATES BUT NOT INCLUDED
WITHIN THE LIMITS OF ANY STATE.

There is not, and never has been, any such legal question as to whether, (to use a popular expression) "the Constitution follows the flag." The government of the United States rests entirely upon the powers granted to it by the Constitution, if the Constitution under any circumstances or in any place, ceases to be operative, the National Government must of necessity cease to have any power to act. The question often arises, however, as to the application of a certain portion, or portions, of the Constitution. The question as to the degree of power possessed by Congress over the territories and colonies of the Untied States is, not whether the Constitution applies at all in these cases, but as to what part of the Constitution so applies. "The Government of the United States was born of the Constitution and all powers which it enjoys or may exercise must be either derived expressly or by implication from that instrument. Every function of the government thus being derived from the Constitution it follows that the instrument is everywhere and at all times potential in so far as its provisions are applicable. In the case of the territories, as in every instance, when a provision of the Constitution is invoked the Concurring opinion of Justices in Downes vs. Bidwell, 182 U. White, Shiras, and McKenna S., 244.