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Show -113- Within less than a century and a half the thirteen independent Colonies or States, each completely sovereign, have not only constituted a central government of limited delegated powers but that government has expanded into a nation dominant in world affairs, but in the haste of our national growth and development we have unconsciously, from time to time, lost sight of certain of the fundamentals and some of the powers reserved to the States, and the methods of application of those powers have become latent or too seldom considered a In the rapid transition from the wilderness to territorial gov- ernments over which Congress held the power of disposition and of making "all needful rules and regulations", to the position of new and perfected States equal in all respects with and having all of the reserved powers of the original States, both the States and the Nation have been prone to retain somewhat of the territorial attitude toward the newer States, forgetful of the fact that when the thirteen independent sovereignties delegated a few of their powers to the central government, by the Consti- tution in which those powers were enumerated or necessarily implied, and reserved the remaining powers to themselves, the Union so created was not alone a union of the original States but as well a union of States yet to be and that when each now State came into the Union as a State of the Nation it came upon an exaot equality and endowed with all the powers and attributes of sovereignty of the original States, free from burdens and conditions both as to powers and exercise of powers, which could not be imposed upon the original States, and that, by relation, each new State came into the Union in all respects as though the transition from the wilderness and through the territorial government had not occurred and as though the new State was in being at the time of the birth of our Nation. Upon admission of each new State the very act of admission has obliterated the prior national and temporary control of its territory and the new State has * come into being as of the day of the Constitution and as free of nation- al control as though no temporary federal territorial government had ever existed, (k Pet, 102, 139; 2 Dall, i|19, It-35j 7 Wall. ?00, 725; 206 U. S. ii6, 93s 221 u. s. 559, 567-580; 2I43 u. S. 210, 217j 65 L. Ed. I+87, U90.) And in the enabling act for the admission of each new State, Congress was and is without power to impose conditions or limitations, the acceptance whereof would deprive the new State, when admitted, of any attribute or power essential to its equality with the other States (old or new). The sovereign powers not delegated to the United States by the original States are reserved as completely to the new and Western States as to the original thirteen. The Constitution not only looks to an in- destructible union of indestructible States but to a Union of equal states as well, (Tex, vs. White, 7 Wall,, 700, 725; Kans, vs« Colo. 206 U. S, I46} Coyle vs. Smith, 221 U, S, 559, 576-580? U. S. vs* Cress, 375 Sup. C*t. Rep. 380, 381? Hawkins vs. Bleakly, 2U3 U, S. 210, 217j Economy Co. vs. U. S. 65 U Ed. 1+87, li9Q)t The Constitution of the thirteen original States is still the Constitution of the United States. Irrespective of the mode of acquisi- tion of the territory out of which the new States have been carved and of |
