Its adoption abrogated the ordinance of 1787, except as continued in force by con gress ; Pollard v. Hagan, 3 How. (U. S.) 212, 11 L. Ed. 565 ; Permoli v. Municipality No. 1 of New Orleans, 3 How. (U. S.) 589, 11 L Ed. 739 ; Strader v. Graham, 10 How. (U. S.) 82, 13 L. Ed. 337 ; South Carolina v. Georgia, 93 U. S. 4, 23 L. Ed. 782 ; Wharton 'v. Wise, 153 U. S. 155, 14 Sup. Ct. 783, 38 L. Ed. 669. The constitution is to be construed with respect to the law existing at the time of its adop tion and as securing to the individual citi zen the rights inherited by him under Eng lish law, and not with reference to new guar antees ; Mattox v. U. S., 156 U. S. 237, 15 Sup. Ct. 337, 39 L. Ed. 409 ; it is to be inter preted according to common law rules; Schick v. U. S., 195 U. S. 65, 24 Sup. Ct. 826, 49 L. Ed. 99 ; Kepner v. U. S., 195 U. S. 100, 24 Sup. Ct. 797, 49 L. Ed. 114 ; Thompson v. Utah, 170 U. S. 343, 18 Sup. Ct. 620, 42 L. Ed. 1061; U. S. v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct. 456, 42 L. Ed. 890 ; Callan v. Wil son, 127 U. S. 540, 8 Sup. Ct. 1301, 32 L. Ed. 223 ; Smith v. Alabama, 124 U. S. 465, 8 Sup. Ct. 564, 31 L. Ed. 508 ; Boyd v. U. S., 116 U. S. 616, 6 Sup. Ct. 524, 29 L. Ed. 746; In re Wilson, 114 U. S. 417, 5 Sup. Ct. 935, 29 L. Ed. 89 ; Minor v. Happersett, 21 Wall. (U. S.) 162, 22 L. Ed. 627. Under it are derived all 'powers exercised by the various depart ments of the federal government; Don v. U. S., 195 U. S. 138, 24 Sup. Ct. 808, 49 L. Ed. 128, 1 Ann. Cas. 697 ; Downes v. Bidwell, 182 U. S. 244, 21 Sup. Ct. 770, 45 L. Ed. 1088; and the courts were thereafter bound to take notice of it ; Marbury v. Madison, 1 Cra. (U.
i S.) 178, 2 L. Ed. 60 ; and in construing it, they gave special weight to the raneous construction of it, acquiesced in Stuart v. Laird, 1 Cra. (U. S.) 299, 2 L. Ed. 115. The "United States of America" was thereby constituted a government with full powers necessary for accomplishing the ob jects of its creation; Respublica v. Sweers, 1 Hall. (U. S.) 44, 1 L. Ed. 29 ; U. S. v. Mau rice, 2 Brock. 109, Fed. Cas. No. 15,747 ; U. S. v. Bradley, 10 Pet. (U. S.) 363, 9 L. Ed. 448 ; 1J. S. v. Linn, 15 Pet. (U. S.) 290, 10 L. Ed. 742 ; U. S. v. Tingey, 5 Pet. (U. S.) 115, 8 L. Ed. 66. The government created was one of delegated powers only ; Martin v. Hunter, 1 Wheat. (U. S.) 304, 4 L. Ed. 97; McCulloch v. Maryland, 4 Wheat. (U. S.) 316, 4 L. Ed. 579 ; Gibbons v. Ogden, 9 Wheat. (U. S.) 1, 6 L. Ed. 23 ; Briscoe v. Bank, 11 Pet. (U. S.) 257, 9 L. Ed. 709 ; Gilman v. Philadelphia, 3 Wall. (U. S.) 713, 18 L. Ed. 96 ; U. S. v. Cruik shank, 92 U. S. 542, 23 L. Ed. 588 ; U. S. v. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290; and though a government of limited powers, it possesses, to every extent, the sovereignty required for the exercise of those powers which do not require to be put in practice by legislative action, but may be exercised at once by virtue of the constitu tion through the executive departments; In re Debs, 158 U. S. 564, 15 Sup. Ct. 900, 39 L.
Ed. 1092.
The constitution creates a government for the United States of America, and not for countries outside of their limits, and it can, therefore, have no operation in another coun try ; In re Ross, 140 U. S. 453, 11 Sup. Ct. 897, 35 L. Ed. 581.
The preamble of the constitution declares that the people of the United States, in order to form a more perfect union, establish jus-, lice, insure domestic tranquility, provide for the common defence, promote the general wel fare, and secure the blessings of liberty to themselves and their posterity, do ordain and establish this constitution for the United States of America.
The "people of the United States" who are declared to have ordained and established the constitution "were the people of the sev eral states that had before dissolved the po litical bands which connected them with Great Britain, and assumed a separate and equal station among the powers of the earth (Declaration of Independence) and had by Articles of Confederation and Perpetual Un ion, in which they took the name of 'The United States of America,' entered into a firm league of friendship with each other for their common defence, the security of their liberties and their mutual and general welfare, binding themselves to assist each other against all force offered to or attack made upon them, or any of them, on account of religion, sovereignty, trade or any pretense whatever" (Articles of Confederation, q. v.); Minor v. Happersett, 21 Wall. (U. S.) 162, 165, 22 L. Ed. 627.
The "perfect union" contemplated by the constitution was said by the Supreme Court to be "an indestructible union composed of indestructible states" ; Texas v. White, 7 Wall. (U. S.) 700, 19 L. Ed. 227, where it was also said that the 'anion is indissoluble by the act of any one or more of them ; U. S. v. Cathcart, 1 Bond 556, Fed. Cas. No. 14, 756. The ordinances of secession were de clared to be absolute nullities ; White v. Cannon, 6 Wall. (U. S.) 443, 18 L. Ed. 923 ; but the effort to separate from the Union will not destroy the identity of a state, or discharge it from its obligations under the constitution ; Keith v. Clark, 97 U. S. 454, 24 L. Ed. 1071; nor does a condition of civil war take away from congress any of the powers necessary to the maintenance of the Union ; Tyler v. Defrees, 11 Wall. (U. S.) 331, 20 L. Ed. 161. The federal and state govern ments are distinct and independent of each other, and while they exercise their powers within the same territorial limits, neither can intrude upon the sphere of the other, but in case of conflict between the authori ties of the two governments, those of the federal government will control until the questions between them are determined by the federal tribunals ; Ableman v. Booth, 21 How. (U. S.) 506, 16 L. Ed. 169; Tarble's Case, 13 Wall. (U. S.) 397, 20 L. Ed. 597.