space of

years after the expiration of their term of service, and to be subject to recall."

Mr. CHARLES PINCKNEY'S PLAN." The members of the House of Delegates shall be chosen every year, and the qualification of the electors shall be the same as those of the electors in the several States for their legislatures. Each member shall have been a citizen of the United States for years, and shall be

resident in the State he is chosen for."

of age, and a

On the question for an election of the first branch of the national legislature by the people. Yeas― Massachusetts, New York, Pennsylvania, Virginia, North Carolina, and Georgia, 6. Nays- New Jersey, South Caroina, 2. Connecticut and Delaware, divided.

Mr. CHARLES PINCKNEY proposed, "That the first branch of the national legislature be elected by the State legislatures and not by the people," which was disagreed to.

General C. C. PINCKNEY proposed, That the election should be "in such manner as the legislature of each State should direct."

This proposition having been rejected, the question was taken on the election "by the people" and it was agreed to. Yeas Yeas Massachusetts, New York, Pennsylvania, Virginia, North Carolina, and Georgia, 6. Nays — New Jersey, South Carolina, 2.

On motion of Mr. Randolph, the term of service was fixed at two years, and the clause adopted.

Judicial Constructions.— An inhabitant of a State, is one who is, bona fide, a member of the State, subject to all the requisitions of its laws, and entitled to all the privileges and advantages which they confer. Bailey's case, Cl. & Hall, 411.

A person residing in the District of Columbia, though in the employment of the general government, is not an inhabitant of a State, so as to be eligible to a seat in Congress. Ibid.

A public minister residing at a foreign court, does not lose his character as an inhabitant of his State. Ibid. 497.

It has been repeatedly settled by both houses of Congress, that, the constitution having fixed the qualifications of members, no additional qualifications can rightfully be required by the States. Ibid. 167.

The House of Representatives has jurisdiction to punish for contempt. Anderson v. Dunn, 6 Wheaton, 204.

A warrant of arrest, under the hand and seal of the speaker, attested by the clerk and directed to the sergeantat-arms, is legal, although it does not show on its face, on what evidence it was founded, nor set forth specially in what the alleged contempt consists. Ibid.

ARTICLE I.

SECTION II.

Clause 3. — Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons.

The first American Congress assembled at Philadelphia on the 5th day of September, 1774. The next day (September 6th), they passed the following resolution, being their first legislative act:

"Resolved, That in determining questions in Congress, each colony or province shall have one vote. The Congress not being possessed of, or at present able to procure, proper materials for ascertaining the importance of each colony."

This great principle of State equality was firmly maintained through all the vicissitudes of the Revolution and until its partial surrender in the above article of the Constitution, notwithstanding often repeated efforts and struggles by the larger States, to subvert it.

On the 21st July, 1775, Dr. FRANKLIN introduced a plan for a confederation, embracing the following:

“The number of delegates to be elected and sent to

Congress by each colony shall be regulated by the number of male polls [between 16 and 60 years].'

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In providing for the redemption of the paper-money issued by Congress, it was provided —

"That the proportion or quota of each colony be determined according to the number of inhabitants of all ages, including negroes and mulattoes in each colony."

The subject was again agitated for a considerable time, and with great earnestness in the session of 1777. It was proposed that the small States of Rhode Island, Delaware, and Georgia, should each have one vote; and the other States, one vote for every 50,000 white inhabitants. Virginia and Pennsylvania alone supported this motion. It was then moved that each State should have one vote for every 30,000, which was supported by Virginia alone. It was then proposed that the representation should be in proportion to the taxes paid by each colony, which was negatived by the same vote.

Finally, after a protracted struggle of some six or eight weeks, all the States except Virginia, yielded to the principle of State equality, and the following article divested of the apparent qualification appended to the original resolution, was adopted in the Articles of Confederation:

"In determining questions in the United States, in Congress assembled, each State shall have one vote."

The general treasury was to be "supplied by the several States in proportion to the value of all lands, within each State, granted to or surveyed for any person... together with the buildings and improvements.”

On the 6th of March, 1783, the Committee on Revenue reported to Congress a series of resolutions on the means. of supplying the treasury, one of which proposed to substitute for the above that the common treasury should

be supplied by the several States "in proportion to the number of inhabitants, of every age, sex, and condition, except Indians not paying taxes, in each State," and excluding also "persons who are bound to servitude for life according to the laws of the State to which they belong," - except those between certain ages.

It was proposed to accomplish the object of the latter part of the clause by substituting, "that two blacks be counted as one freeman."

Mr. WILSON and Mr. CLARK said they were members of Congress when the article was adopted, and that the Southern States were then willing to agree to the mode now proposed, but that the Eastern States would not consent that only half the slaves should be counted.

Mr. WOLCOTT proposed, "that four slaves be rated as three freemen.”

Mr. CARROLL proposed, "that four slaves be rated as one freeman."

Mr. WILLIAMSON, of North Carolina, thought they should be excluded altogether, as being an incumbrance, instead of increasing the ability to pay taxes.

Mr. RUTLEDGE, of South Carolina, would consent to the proportion of two to one, but he thought three to one a "juster proportion."

Mr. MADISON proposed, as a compromise, "that slaves should be rated as five to three." This was seconded by Mr. RUTLEDGE and agreed to. Yeas Yeas New Hampshire, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, and South Carolina, 7. Nays - Rhode Island and Connecticut, 2. Massachusetts divided. It was finally agreed to by eleven States.

In Federal Convention. Mr. RANDOLPH'S PLAN. "That the rights of suffrage in the national legislature