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A LIBERAL INTERPRETATION OF THE CONSTITUTION.

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its character and situation, with those of other sections of the country. Its loss of absolute sovereignty was more than compensated by sharing, through the United States citizenship of its people, representation in the Federal Congress, and free trade with other sections of the Union.

The theory of state and popular rights presented in the Constitution was liberally interpreted, at least through all the periods that have been under review. The thirteen states that had united in the Revolution had previously been independent of each other; they looked with suspicion on a strong central authority, and naturally maintained all the rights of the states. It was an acknowledged government of the people, and classes and sections could be favored only with the consent of the people themselves. The Valley was the domain of all the people, was principally settled by the citizens of the United States, and wholly ruled by them. It contained the sources of wealth and greatness for the eastern capitalist, manufacturer and trader as for the Republic itself; common treasures and interests were bound up in its prosperity, and it was constantly treated with a fairly wise liberality.

No irksome conditions were devised, no meddlesome interference was practiced, and an interpretation of the fundamental law more frank, just and kind could not easily have been imagined. When sectional difficulties found entrance they were not between the Valley and the East, but between labor systems and social habits which compromises had divided by Mason and Dixon's Line; between free and slave states-North and South. Constitutionally, the Valley was dealt with most fairly and no people ever had a better opportunity to manage their own affairs at their own will.

CHAPTER XIV.

STATE CONSTITUTIONS.

The two first States organized in the Valley-Kentucky and Tennessee-having been largely settled while they remained parts of the States of Virginia and North Carolina, some of the forms of admission as of preliminary organization, which became customary afterward, were omitted. February 4, 1791, Congress consented to the admission of Kentucky June 1, 1792; while the Convention which framed its Constitution did not assemble until April 3, 1792, closing their labors the 19th of the same month. The Constitution was not submitted for approval either to Congress or to the people of Kentucky, but went into operation without opposition.

Representation was based on the free male inhabitants 21 years of age. The form of the government was, in general, what it continues to be after two revisals, and substantially the same as those afterwards adopted by all the new States. It followed, in many respects, the forms of the Constitution of the United States, dividing the government into three branches: Legislative, Executive and Judicial. The Legislature, called the General Assembly, consisted of a Senate and House of Representatives. The Governor and Senators were appointed by electors chosen by the people. Both of these held office for four years; the Representatives for one year. There was no Lieutenant-Governor, the President of the Senate acting as Governor in case of a vacancy. The Judges were elected by the people, but held office during good behavior.

In 1799 this Constitution was revised, giving the election of Governor and Senators directly to the people, and providing for a Lieutenant-Governor. In 1850 another revision

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was made which gave the Judges definite terms of office. Change has been in the direction of more complete popular control over lawmakers and officers.

Tennessee elected a Convention, which completed the preparation of a Constitution February 6, 1796, and soon after transmitted a copy of it to the President of the United States, with the notification that the Legislature would meet March 28, following, to act on the Constitution, and that the Territorial Government would then cease. These confident measures, taken without a previous Enabling Act of Congress, produced some opposition in that body, but the Bill admitting the State become a law June 1, 1796. The Senate, House of Representatives and Governor were elected every two years. The Legislature met every other year. There was no Lieutenant-Governor; the Governor could serve but six years out of eight; and the Speaker of the Senate acted as Governor in case of a vacancy in that office. The Judges and State and District Attorneys were appointed by joint ballot of both Houses, and held their offices during good behavior. Ministers of the gospel and infidels were ineligible to civil office. Every freeman, who was a freeholder, 21 years of age, was a voter.

In 1835 an amended Constitution was ratified by the people. The principal changes related to the number of Representatives and Senators. In 1853 an amendment gave the election of the Judges to the people with a term of eight years, and a term of six years to State and District Attorneys. The general forms of the Constitution were like those of Kentucky. The same care for common school education was evinced. The new Constitution of 1835 made every free white citizen, resident six months in the county, a voter.

Slavery in these States had been inherited from Virginia and North Carolina. Some effort was made, in 1799, to secure its gradual abolition in Kentucky, but without effect. The first Constitution of Tennesssee did not mention slavery;

but the laws of North Carolina, which were adopted, sustained it.

Ohio, then called the Northwest Territory, was authorized by Act of Congress, April 30, 1802, to form a State Government. The Convention appointed for the purpose completed the first Constitution November 29, of the same year, which was approved by Congress February 19, 1803, and Ohio recognized as a State in the Union. The Governor and Senators were elected for two years, the Representatives for one year; the other State officers and judges were appointed by joint ballot of the General Assembly. The Governor must have been a citizen of the United States twelve years, resident in the State four years, and thirty years of age. The free use of the veto power by General St. Clair, while Governor of the territory, had given much dissatisfaction which led the framers of the Constitution to exclude the Governor from all connection with the enactment of laws. In most of the States the Governor's approval and signature were essential to the validity of a law. Only white male inhabitants 21 years of age, one year resident in the State, were legal voters. The sessions of the Legislature were annual. There was no Lieutenant-Governor, the Speaker of the Senate filling any vacancy occurring in that office.

A new Constitution was approved by the people in 1851. By this the sessions of the Legislature were made biennial, and the terms of the Representatives extended to two years. State officers and Judges were to be elected by the people, and the elective principle was made general. Eight Articles, relating to education and benevolent institutions, to the public debt and public works, to County and Township organizations and apportionment for election purposes, to a revision of the laws and the mode of amending the Constitution, as also the election of a Lieutenant-Governor, were added.

April 19, 1816, Congress passed an Enabling Act, authorizing Indiana to form a State Constitution, which instrument

CONSTITUTIONS OF INDIANA AND LOUISIANA.

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was completed by the Convention June 29, of that year, and Indiana was recognized as a State in the Union by joint resolution of Congress, December 11, following. The Constitution was not submitted to the people.

The sessions of the Legislature were annual, the Representatives elected for one year, the Senators, Governor and Lieutenant-Governor for three years. All white males twenty-one years of age, citizens of the United States, and resident in the State and County one year, were legal voters. The same qualifications were required in candidates for the House of Representatives. Senators must be twenty-five years of age, two years resident in the State and one in the county or district. The Governor and Lieutenant-Governor must have been citizens of the United States for ten years, five years resident in the State. The State officers were appointed by joint ballot of the two Houses of the Legislature; the Judges by the Governor and Senate, for seven years. The Governor was ineligible more than six years in nine.

In 1851 a new Constitution was adopted. It introduced the elective principle generally. The terms of Senators, Governor and Lieutenant-Governor were extended to four years; the terms of Judges were reduced to six years. Various changes were made in the wording, additions made to the Bill of Rights, and Articles inserted concerning State benevolent institutions, finance, forbidding immigration of colored persons into the State, and boundaries.

Louisiana was organized as a Territory of the First Class— that is, with a Legislature elected by its inhabitants-March 2, 1805, and called Orleans. February 20, 1811, it was authorized, by Act of Congress, to form a Constitution and State Government in conformity with the Constitution of the United States and with republican principles as understood by Americans. A Convention having framed a Constitution acceptable to Congress, it was submitted to, and approved by, the people of Louisiana, and it became a State in the Union,

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