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cant is of good moral character, possessed of skill and knowledge in his business, and has a reasonable knowledge of sanitation, preservation of the dead, disinfecting the bodies of deceased persons, the apartments, bedding, and clothing in case of death from an infectious or contagious disease, a license may be issued to him as an embalmer, for which he must pay a fee of twenty-five dollars. The license is registered in the office of the secretary, in the office of the clerk of the county court of the county where his business is to be carried on, and must be displayed in the place of business of the licensee. The secretary receives a salary not exceeding one hundred dollars, and the members of the board two dollars for each meeting of the board attended, together with actual traveling and other necessary expenses, payable from the fees received. The board is required to make an annual report to the Governor.

15. Vaccine Agencies.-The Governor is authorized by law to appoint three vaccine agents, one at Charleston, one at Martinsburg, and one at Wheeling, who are required to furnish by mail or otherwise to any citizens of the State who may apply for it, genuine vaccine matter, and directions how to use it, free of charge. An allowance of fifty dollars annu ally is made to each agent to cover the expense. The Superintendent of the Hospital for the Insane at Weston is also required to act without compensation.

PART III.-THE UNITED STATES,

"To create a Nation while preserving the States was the main reason for the grant of powers which the National Government received; an all-sufficient reason, and one which holds good to-day."-BRYCE.

"The Federal and state governments are in fact but different agents and trustees of the People, constituted with different powers, and designated for different purposes."-MADISON.

"The States have their status in the Union, and they have no other legal status. The Union is older than any of the States, and in fact, it created them

as States.

Not one of them ever had a state constitution indepen

dent of the Union."-LINCOLN.

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1954

CHAPTER XL.

ORIGIN OF THE UNION.

Union.-The United States as a
The idea of union among the
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1. Genesis of the Idea of nation was not born in a day. colonies was of slow growth. years elapsed from the organization of the New England Con- / federation in 1643, which was the first realization of a colonial union, until the adoption of the Federal Constitution in 1789. During this century and a half no fewer than twenty plans, suggesting some sort of union or common action among some of the colonies or all of them, were proposed. Common dangers forced union. Indian wars led to the New England Confederation; the massacre at Schenectady in 1690 prompted 2, concert of action between New England, New York, Maryland, and Virginia; the approach of the French and Indian war, with its menaces and dangers, led to the Albany Con- 3, gress (1754) at which Franklin proposed his celebrated plan of Union, which was rejected by the Crown as well as by the colonies, but for very different reasons: by the Crown, because it was too democratic; and by the colonies, because it was too monarchical. The Revolution brought a Stamp Act Congress, 4 Provincial Congresses, Continental Congresses, a Confeder ation, and, finally, the Convention which framed the Federal Constitution. The Union was conceived in the minds of the

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people; it had to mature there; its birth was attended with the
labor of Revolution; it had to be nurtured through infancy;
its youth was attended with weakness and vacillation: but it
stands forth to-day in the full vigor of manhood, and gives ev-
idence of no signs of decay. It was a union born of necessity,
not of deliberate choice.

2. The Continental Congress.-A meeting of delegates called
for the purposes of consultation upon the grievances of which
the colonies complained, did not dissolve, but gradually ripened
into that remarkable body known to history as the Continen-
tal Congress. For nearly fifteen years it in fact exercised
federal powers. It exercised legislative authority blended
C. with imperfect executive and judicial powers, assessed reve-
nue, 'raised and equipped armies and a navy, "contracted a
common debt, waged war, negotiated peace, and made treaties
and alliances. // The national identity of the union of the colo-
nies was recognized among nations. Whence did this Conti-
nental Congress get its sanction? It was a sort of usurping
assembly, but it had its sanction in the will of the "good peo-
ple of these colonies," prompted by sentiments of patriotism
and a
sense of common danger, pricked by the goad of
necessity.

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3. The Declaration of Independence. -Until the moment of the adoption of the Declaration of Independence the colonies recognized their dependence on Great Britian. On the fourth day of July, 1776, the United Colonies became free and independent States (independent of one another); and on the same day resolutions were brought forward for the formation of a confederation. The all important question now is, What was done? It would be idle to say that the delegates of these colonies consciously and deliberately formed a nation at this time. They were meeting an emergency, a condition, not consciously working out a theory. But what were the legal consequences of their acts, viewed from the standpoint of the present? They perhaps did not know; did not stop to think;

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did not pause to consider what were the legal consequences of their acts. But in the light of the interpretation put upon their acts in subsequent years, it has come to be recognized that the Union and the States sprang into existence at the same moment as correlative forces Even before the Declaration of Independence (May 15, 1776), the Continental Congress assumed the power of making a recommendation, which was acted upon by the colonies, that "the respective assemblies and conventions of the United Colonies, where no government sufficient to the exigencies of the affairs hath been hitherto established, do adopt such a government as shall in the opinion of the representatives of the people best conduce to the happiness and safety of their constituents in particular, and of America in general." The Union was weak; its powers were vague and undefined; but it was Union, nevertheless. It was too young to be sacred. It was perfectly natural that the idea of the local independence and integrity of the State should be stronger than the idea of Union. The wall and the mortar were there; but the mortar was green; it had not yet set; it became a concrete in later years by the forces of interpretation, usage, and construction. "To us at the present day," says Mr. Woodrow Wilson, it seems that the Constitution formed in 1787 gave birth in 1789 to a national government such as that which now constitutes an idestructible bond of union for the States; but the men of that time would certainly have laughed at any such idea,-and for the English every law is what those who administer it

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4.

The Articles of Confederation.-The Articles of Confederation brought forward in the Continental Congress in 1775 by Franklin were not acted on. // But Richard Henry Lee of Virginia coupled a resolution for the formation of Articles of Confederation with his resolution for independence, as if the purpose was that the declaration and frame of government should form one instrument of government after the model Son Virgan

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