sentatives of the people elected to serve in the state governments, were not intrusted with the management of this important transaction, but recourse in each state was had to the highest known abilities and integrity, which it was supposed might be drawn forth on this occasion, however averse to aim at making a figure in legislative assemblies.

It may be objected, that agreeably to the preamble to the con-stitution of the United States, the constitution is to be considered as adopted by the people of all the states, acting as the elements of a single nation, without any reference to the state governments, or to the fact that they were members of independent organized societies already existing. But the preamble, on the supposition that this is its true construction, merely shows the light in which the people agreed to be viewed in the adoption of the constitution. Their agreement however cannot alter the fact, and that the other construction is the true one, seems to result from the following considerations. 1. If the people of the United States had intended to adopt a constitution, in their collective capacity as one great nation, without any reference to territorial or state governments, or to the independence of each individual state, there should have been no calling of separate state conventions for the adoption of the constitution, but delegates should have been chosen from all the states to one general convention, for the purpose of deliberating upon and adopting and ratifying it. But, in fact, after the constitution was approved of by the convention, whose whole authority in strictness was confined to revising the articles of confederation and proposing alterations in them, the ratification of the constitution was given by delegates. chosen by the several states for the purpose of deliberating upon, and, if they saw fit, of adopting and ratifying it. The constitution therefore was adopted by the citizens of the several states, acting as distinct nations, the ratification being given by the respective delegates of each, meeting in state con

ventions.

2. If the constitution were instantaneously abolished, the union would be resolved, not into one nation in a state of anarchy as to national supremacy, but into the several nations inhabiting the territory of the respective states, and under in

dependent and supreme heads; for, all those powers which are taken from the state governments expressly by the constitution, or tacitly by the mere act of adopting it, if the constitution should be abolished, will, without any further act immediately revive to the state governments respectively.

3. The compact made in the general constitution, may be rescinded by the people in the same manner which was adopted in the making and ratification of it, i. e. the same majority of all the states acting as nations, may rescind it. The states or nations, acting politically, are therefore the elements of the general compact, and not the individuals of all the states, acting as the elements of one great nation.

4. Though the state legislatures have no right at all to rescind the constitution, even if every state legislature in the United States were unanimously in favor of rejecting it, yet, it is only because the people of the respective states have never entrusted them with any such power. Yet, it is apparent, if the people in each of the states should give the power to decide on this momentous subject, to delegates chosen by them to meet in their respective state conventions, those delegates might dissolve the union.

5. If the constitution was framed and adopted by the people of all the states, acting as members of one great nation, then this absurdity would follow, that if there had been a majority in any individual state against adopting the constitution, still that state must have come in, because the majority of the people of the United States were in favor of adopting it. This shows conclusively that, however the people were willing to have the constitution viewed after its adoption, they in fact acted as independent nations in adopting it.

This subject will be further commented on under Chapters IV, V, and VI.

10

CHAPTER III.

Of the powers delegated to the General Government in the Federal Constitution. Containing in DIVISION I. The Constitution of the United States; DIVISION II. On the powers of Congress; DIVISION III. On the power and duty of the President; DIVISION IV. On the constitutional jurisdiction of the Supreme Court of the United States.

Before considering the very general and comprehensive subject of this chapter, it may repay the reader's attention to examine, in a cursory manner, the constitution itself, in which all these powers are contained. For this reason, as well as because it may frequently be convenient to such as are desirous of consulting it, to know its precise phraseology, it was thought best to introduce it in this place, without abridgement or any other alteration, either of its language or arrangement.

DIVISION I. Constitution of the United States.

WE, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I.

SECTION I. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

SEC. II. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the

qualifications requisite for electors of the most numerous branch of the State Legislature.

No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

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 actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and, until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill up such vacancies.

The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeach

ment.

SEC. III. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one

vote.

Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be 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 may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies.

No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.

The Senate shall choose their other officers and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.

The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.

Judgment in case of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law.

SEC. IV. The times, places, and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing Senators.

The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

SEC. V.

Each House shall be the judge of the elections, returns, and qualifications of its own members; and a majori