CHAPTER III.

THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES.

I. How it was formed-Its object and general character.

II. The Legislative power-The House of Representatives, how elected and paid. III. The Senate, how chosen, for what time.

IV. Various provisions in the Constitution, designed to preserve the separate nationality of the various States-Counteracting provisions and compromise of principles.

V. The Executive-The President, how chosen-Qualification-Powers and duties.

VI. Remarks on the respective powers of the President, Senate, and House of Representatives.

VII. The powers of Congress.

VIII. Express limitations of its powers.

IX. Limitations of the powers of the States.

X. The federal judiciary.

XI. Miscellaneous provisions in the Constitution.

XII. Remarks on the Constitution of the United States.-Its capacity to embrace an extensive territory-Probable change of the Constitution-Consequences of the unequal representation of the people of the whole Union in the Senate Reduction of the power of the President-Whether he and his Ministers should be chosen by the two houses and removed at pleasurePropriety of increasing the power of Congress.

I.

This constitution was formed on the 17th September, 1787, by delegates from a large majority of the original thirteen states, and it was afterwards adopted by the whole of them. It went into operation on the first Wednesday in March, 1789; and certain amendments were effected in the years 1789, 1793, and 1803.

The object of the several States in forming the Union was, as already explained, to obtain the benefit of a combination for the common defence, and other important purposes, without losing the advantages of local legislation and self-government in matters which could not affect the confederacy. Some persons were in favour of a consolidated government, but the vast majority preferred that each State should remain an independent Republic, and that these various Republics should form a Union, or treaty of alliance, with each other, each giving up a portion only of its sovereign power to the confederacy.

The constitution has provided a federal executive, a federal legislature, and a federal judiciary. The limits of each department are defined, and there is as little interference as possible with the sovereignty of the

several Republics. The legislative power is vested in the president, senate, and house of representatives. The executive power is in the hands of the president and senate.

II.

The House of Representatives.—Qualification of Electors.-Equal Electoral Districts.-The electors of each State elect as many representatives as they are entitled to, according to the population of the State. The people of all the States are enumerated every ten years, and the number of representatives to be sent by each State is determined accordingly. At first there was one representative for every 30,000, but now for every 70,680. The election of representatives is made directly by those electors who vote for the most numerous branch of the state legislature.

Qualification of Representatives.-The representative is not required to hold any property, nor to entertain any particular religious opinion. He must be twenty-five years of age, must have been a citizen seven years, and an inhabitant of the State for which he is elected.

Term of Election.-The election takes place every second year, and each State is divided into districts, with one representative for each.

Payment of Representatives and Senators.-Each member receives a compensation for his services, regulated by act of congress, and paid out of the treasury of the United States.

III.

The Senate.-Each State chooses two senators, but the people do not elect them directly, they are chosen by the State legislature on joint ballot, whilst the members of the house of representatives at Washington are chosen by the people directly.

Qualification of Senators.-There is no restriction as to property or religion. The senator must be an inhabitant of the State for which he is elected; must be thirty years of age; and must have been nine years a citizen of the United States.

Term of Election.-The senators are elected for six years, but an election of one-third of the number takes place every two years. This is managed as follows:-After the first election which took place, the senators were divided into three classes. The seats of the senators of the first class were vacated at the expiration of the second year; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one-third might be chosen every second year. There is never a dissolution of the senate. In order to prevent too great a change from being made at any one election, there can only be a third of this august body chosen at one time. Each State, whether great or small, sends the same number of representatives to the senate; but the number sent by each State to the other house depends

upon its population. The conservative character of the federal senate is preserved by several means. Its members are chosen for a long term; are not chosen by the people directly, but indirectly; and no great change in the composition of the senate can be made all at once.

IV.

The Union a Confederation.-It will be observed that the several Republics do not form a consolidated government, but that each retains in a great measure its separate nationality; so that the Union really is a confederation of States. For the preservation of this principle, it is provided that no amendment of the constitution shall be made whereby a State shall, without its own consent, be deprived of its equal suffrage in the senate. Congress is allowed to admit new States into the Union; but it is declared that no new State shall be formed or erected within the jurisdiction of any other State, nor any State formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned, as well as of the congress. The consent of three-fourths of the States is necessary before any amendment can be made in the constitution.

In the election of president, if no candidate has a majority of the whole body of the electors, it is provided that the house of representatives shall choose the president from the three persons having the highest number of votes; but that in making this choice the votes shall be taken by States, the representatives from each State having one vote. The real powers of government are vested in the senate; the president is practically subject to that body, and the house of representatives is comparatively insignificant, except as an arena for discussion. On the other hand, the separate sovereignty of the States is lost sight of in the election of the house of representatives, and also in the election of the president by the people, numbers alone being regarded.

The truth is that the constitution was based on a compromise of principles. Each State was jealous of its separate rights, and yet all the States were anxious to form an alliance. The slave States, fearing they would be out-voted in the house, required that their slaves should be reckoned as part of the population, according to the extent of which the number of representatives in congress was to be allotted to each State from time to time. This claim was partially conceded: it was agreed that five slaves should be reckoned as three people; and the new slave States have been allowed the same privilege in this respect as the old

ones.

ར.

The President is chosen for four years, and may be re-elected; and this is the custom, but none have been elected a third time.

Mode of Election.—The legislature of each State provides how the presidential electors shall be chosen by the people. The number of electors to which each State is entitled is the same as its number of senators and representatives in congress. The common practice is for the people in voting for the presidential electors to put the name of the proposed president on the voting-tickets, so that the electors named to choose the president, in practice only go through the form of casting their ballots for the man of their party in whose favour the people have expressed themselves. In South Carolina the legislature chooses the presidential electors for that State. The names of the persons voted for, with the number of votes for each, are transmitted by each State to the president of the federal senate at Washington.

The Vice-President is elected in the same way as the president, except that the senate chooses the vice-president when no one candidate has received a majority of the votes of all the States. The only functions of the vice-president are to preside over the deliberations of the senate and serve out the presidential term in case of the president's death or disability.

Qualification of the President.—With respect to property and religion, no qualifications are demanded or conditions prescribed. The president must be a natural-born citizen, and thirty-five years of age. The president's compensation must neither be increased nor diminished during the time for which he shall have been elected. At present he receives 25,000 dollars per year (£5,000), and the vice-president receives 6,000 dollars. In case of the removal of the president from office, or of his death, resignation, or inability to discharge the duties of the office, his place is taken by the vice-president. The constitution gives power to congress to provide for the case of the resignation, death, &c. of both president and vice-president.

Powers of the President.-His consent is necessary to all acts of congress, unless two-thirds of both houses concur in overruling his objections. He is commander-in-chief of the army and navy of the United States, and of the militia of the several states when called into the service of the Union. He has power to grant reprieves and pardons for offences against the Union, except in cases of impeachment. He has power, with the advice and consent of the senate, to make treaties, provided twothirds of the senators present concur. He nominates and, with the advice and consent of the senate, appoints the cabinet, foreign ministers and consuls, judges of the supreme courts, and other officers of the United States. But congress is empowered to vest the appointment of inferior officers in the president alone, in the courts of law, or in the heads of departments. The president has power to fill up all vacancies that may happen during the recess of the senate. He may convene both houses on extraordinary occasions. He receives ambassadors and other public

officers, and recommends congress to consider such measures as he shall judge necessary and expedient. The president and all civil officers may be removed from office on impeachment. After such removal, they may be tried and convicted in the ordinary way.

VI.

Remarks on the Powers of the President and Senate.-The principal powers of the president are shared by the senate. The consent of that body is necessary to the dispensation of patronage and the formation of treaties. The president's cabinet cannot be formed without the consent of the senate; so that he is in a great measure responsible to that body, and can hardly carry on the government without its concurrence. From all this it will be seen that the senate is the great power in the American Union, and that the house of representatives is comparatively of little importance. The legislative power of Congress is so very restricted that there is scarcely anything to be done in the way of legislation, and the house of representatives can do little more than talk about the conduct of the executive and pass resolutions which are of no vitality unless concurred in by the senate. All office-seekers address themselves to the president and senate, the real government of the Union. The president and senate can, in the exercise of the treaty-making power, commit the Union to any line of policy they may choose. Commercial treaties may be formed either on free-trade or protection principles, without the interference of the house of representatives. The president can, as commander-in-chief, order the forces of the Union to commit acts which may lead to war; but war cannot be declared, nor money raised nor appropriated, without the consent of the house.

It is advisable to deprive the president and senate of the greater part of the patronage at present dispensed by them. Many of the officers, e. g., postmasters, might safely be elected by the people in their respective districts, and many more should be appointed by the heads of departments.

VII,

The Powers of Congress.-The constitution provides that the congress shall have power to lay and collect taxes, duties, imposts, and excises to pay the debts, and provide for the common defence and general welfare of the United States, but all duties, imposts, and excises must be uniform throughout the United States. To borrow money on the credit of the United States. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States. (This latter power with respect to bankruptcies is not now exercised, but it has been on two occasions.)