The Federal  government was  created in 1777 by the union of
thirteen colonies  of  Great  Britain  in  "certain  articles  of
confederation and  perpetual  union,"  the  first  one  of  which
declared that  the "stile of this confederacy shall be the United
States  of   America."    Each  member  of  the  confederacy  was
denominated a state.  ...

     The confederacy,  owing to  well known  historical  reasons,
having proven a failure, a new Constitution was formed in 1787 by
"the people  of the  United States  of America,"  as its preamble
declares. ...

     The Constitution  was created  by the  people of  the United
States,  as   a  union  of  states,  to  be  governed  solely  by
representatives of the states; ...

     In short,  the Constitution deals with states, their people,
and their representatives.

     The 13th  Amendment to  the Constitution prohibiting slavery
and involuntary servitude "within the United States, or any place
subject to  their jurisdiction,"  is also  significant as showing
that there  may be  places within  the jurisdiction of the United
States that  are  not part  of  the  Union.    To  say  that  the
phraseology of  this amendment  was due  to the  fact that it was
intended to  prohibit slavery  in the  seceded  states,  under  a
possible interpretation  that those states were no longer part of
the Union,  is to  confess the  very point  in  issue,  since  it
involves an  admission that, if the states were not a part of the
Union, they  were still subject to the jurisdiction of the United

     Upon the other hand, the 14th Amendment, upon the subject of
citizenship, declares  only that "all persons born or naturalized
in the  United States,  and subject  to the jurisdiction thereof,
are citizens  of the United States, and of the state wherein they
reside."     Here  there  is  a  limitation  to  persons born  or
naturalized in the United States which is not extended to persons
born in any place "subject to their jurisdiction."

                       [Downes v. Bidwell, 182 U.S. 244, 249-251]
                                     [45 L.Ed. 1088, 1092 (1900)]

                             #  #  #

Return to Table of Contents for

Downes v. Bidwell