State

n.

1.

A body of people united under a distinct government; an organized community; a government of a united people, deriving authority from In this definition is contemplated the use of the word in general public law, and without reference to the associations which have gathered around it in America. In this more general use, it is not very distinctly distinguishable from nation, except that the latter pre- ' sents more definitely the idea of independence and equality among other nations. State is quite distinguishable from the terms empire and kingdom (and from republic (q. ».), in one of its senses), in that they imply something as to the form of government, which state does not. It has much the same meaning as "commonwealth," and as "republic," in its more general sense. State is, moreover, used sometimes so as to point more to the body of people considered as united under one distinct government, and sometimes more to the government considered as maintained by and ruling a distinct people, and sometimes more to the territory which a distinct people inhabit. It embodies the combined ideas of people, territory, and government, — one being sometimes prominent, sometimes another. It is distinguished fi'om city, municipality, and all affiliated words, in that these are governments existing by authority or permission of a superior national government. This is not implied in designating a state; if there is any superior government erected, which controls a state, the fact must be learned independently: it is not suggested by the term.

2.

In American constitutional law, the word state has gathered associations which are not to be considered as changing its meaning as a term, but deserve distinct notice. The supreme court has defined it, in the sense in which it ordinarily occurs in the constitution, as meaning a political community of fiee citizens living in a. territory of defined boundaries, and organized under a government authorized and limited by a written constitution, adopted by the will of the people; but in the clause of the constitution which provides that the United States shall guarantee to every state in the Union a republican form of used to express the idea of a people or political community, as distinguished from the government.

Texas v. White, 7 Wall. 700.

It designates, moreover, a member of the Union; and does not, when accurately used, include a territory, though organized, or the District of Columbia, 'or even the organized Indian tribes; though by special provision, and to save repetition in a particular statute, the territories and the District of Columbia may be allowed to be understood where only " state " is mentioned. A state must be a member of the Union. It is not enough to be an organized political body within the limits of the Union. Scott V. Jones, 5 How. 3i3, 377; Cherokee Nation v. Georgia, 5 Pet. 1, 18. Territories are not states, within the meaning of the judiciary act of Sept. 24, 1789.

Scott V. Jones, 5 How. 343.

The term state, when used in the constitution of the United States, is coniined to members of the confederacy, and does not include territories. Seton v. Hanham, R. M. CharU.

374.

The exception in the Alabama statute of limitations, that where the debtor is absent from the state at the time the cause of action accrues, suit may be brought " after his return into the state," means after his return within the jurisdiction of the state, where the process of the courts of the state will run. A removal to the Indian nation, where the process of the courts of Alabama did not run, was held not to be a return within the state, although within its territorial limits, in Smith v. Bond, 8 Ala. 386. Provisions of a state constitution prohibiting the state from engaging in works of internal improvement, do not forbid authorizing taxation to pay municipal bonds in aid of railroads, because it is well settled that such prohibitions restrict the state as an entirety only, and do not bind the various municipalities within the state.

Talcott V

Township of Pine Grove, 1 Bench 4r Bar, s. s. 50.

The phrase, out of any particular state, was construed to mean out of " any one of the United States," in United States v. Pirates, 5 Wheat. 184.

State trial

This phrase may well be used to denote any trial in which the prosecution is conducted by the government, or by the attorney-general ex officio. It has not, however, been much used of government prosecutions in America. In England, its use is more common; but only the most important of such trials are generally called by trials is that which is known as Howell's State Trials, consisting of thirty-four volumes, and continued to the reign of George IV.