Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/712

 704 treaties of the United States; and upon rights and claims growing out of them. Decisions ought to be, as far as possible, uniform; and uniformity of obligation will greatly tend to such a result. The executive authority of the several states may be often called upon to exert powers, or allow rights, given by the constitution, as in filling vacancies in the senate, during the recess of the legislature; in issuing writs of election to fill vacancies in the house of representatives; in officering the militia, and. giving effect to laws for calling them; and in the surrender of fugitives from justice. These, and many other functions, devolving on the state authorities, render it highly important, that they should be under a solemn obligation to obey the constitution. In common sense, there can be no well-founded objection to it. There may be serious evils growing out of an opposite course. One of the objections, taken to the articles of confederation, by an enlightened state, (New-Jersey,) was, that no oath was required of members of congress, previous to their admission to their seats in congress. The laws and usages of all civilized nations, (said that state,) evince the propriety of an oath on such occasions; and the more solemn and important the deposit, the more strong and explicit ought the obligation to be.

§ 1840. As soon as the constitution went into operation, congress passed an act, prescribing the time and manner of taking the oath, or affirmation, thus required, as well by officers of the several states, as of the United States. On that occasion, some