members.

A member wishing to propose a bill must give at least one day's notice of his intention to move the house for leave to introduce it. If, on the day specified, he make the motion, and leave be granted, the bill is read.

§ 76. A bill must be read three times before it can be passed by either house; and these several readings must be on different days, unless otherwise ordered by the unanimous consent of the house. And no bill can be committed or amended, until it shall have been read twice. When amended, it is declared to be ready to be committed or engrossed. To engross a bill, is to copy it in a large, fair hand. If the bill be committed either to a standing or select committee, or to a committee of the whole house; or if the bill be ordered to be engrossed; the house appoints a day on which it shall be read the third time. When the house resolves itself into a committee of the whole to consider a bill thus committed, the speaker appoints another member to preside as chairman, and takes part in the debate as an ordinary member.

§ 77. A bill may, at any time before its passage, be recommitted for farther consideration; and when it has been reported on by a committee, or after it has been fully discussed and amended in the house, it is then proposed to be engrossed and read a third time. Then is the proper time for those opposed to the bill to take their stand against it.

§ 78. When a bill has passed one house, it is sent to the other, in which it must go through a similar form of examination and discussion. Whether it be agreed to, or amended, or wholly rejected, it is returned to the house in which it originated, with a message communicating the result. All amendments made in either house must be concurred in by the other, or the bill cannot become a law. In some cases, when the two houses cannot agree to the amendments, a committee of conference is appointed in each house. These committees report the result of their meeting to their respective houses; and if no agreement or compromise be effected, the bill is lost. [The manner of passing bills, as above described, is substantially that which

What is the progress of a bill through the different readings? What is engrossing a bill? § 78. When a bill has been passed by one house.

has been adopted by Congress, and which, with little if any variation, is practised in all the state legislatures.]

§79. An additional safeguard against the enactment of injudicious laws, is provided in the constitutions of many of the states, by requiring every bill, after it shall have been passed by both houses, to be presented to the governor for his approval, before it can become a law. But that the enactment of needful laws may not depend on the judgment or caprice of one man, it is made the duty of the governor, if he refuse to sign a bill, to return it to the house in which it originated, stating his objections to it. If, upon a reconsideration of the bill, it be again passed by both houses, a majority of two-thirds of each house concurring, it then becomes a law without the assent of the governor. Or, if he shall not return it within a certain number of days specified in the constitution, it will be a law, though not signed by him.

§ 80. This power of the executive to negative bills passed by the legislature, is familiarly called the veto power. In England, the king has an absolute negative upon all laws: that is, his approval is in all cases required; and there is no provision for the passage of a law without it. In this country, where this power is qualified by the provision authorizing its passage by the constitutional majority of two-thirds of each house, it is called a qualified negative.

§ 81. The propriety of such a power in a republican government has been much questioned. The constitutional provision requiring the concurrence of a majority of both branches of the legislature, is deemed by many to be a sufficient security against the enactment of bad laws; especially as the people have a remedy for such laws in the frequent elections of their rulers, by means of which the repeal of an obnoxious law may be speedily effected. It is said also against the propriety of a negative, that it is not to be presumed that a single man possesses more virtue and wisdom

what action must it receive in the other? § 79. What agency has the governor in the enactment of laws? If he refuse to sign a bill, how may it become a law? § 80. What is an absolute and a qualified veto? 81. For what reasons is a negative power objected to? § 82. What are the objects of this power?

than a number of men; and that the expression of the will of a majority of the representatives of the people ought to be deemed the expression of the will of the people themselves.

§ 82. It is presumed, however, that a majority of the people are satisfied with this principle in our government. Besides the security which it affords against the enactment of improper laws, it is intended to guard the executive from encroachments upon its rights by the legislative department. Without such a power of self-defence, a chief magistrate might be gradually stripped of his authority. And though the negative may be in some cases improperly applied, it is fair to presume, that if the public good do not so clearly require the passage of a law as to command the assent of two-thirds of each house of the legislature, no serious evil will ensue before relief may be had in a new election.

CHAPTER X.

Executive Power.

§ 83. THE executive power is that which is exercised in executing, or carrying into effect, the laws of the state. The necessity of such a power is admitted, wherever the principles of civil government are well understood. It is in accordance to the principle laid down in a preceding chapter, (§ 42,) and to the universal opinion of the people of the United States confirmed by experience, that the several powers of the government, viz. the legislative, executive, and judicial, ought to be separated and committed to distinct organs or agents.

§ 84. Not only has experience proved the utility of an executive power; but it has proved also the propriety of devolving the responsibilities of this department upon a single person. The most necessary qualification of an executive, is energy. An eminent American statesman has well remarked, that "a feeble executive implies a feeble

§ 83. What is executive power? § 84. For what reasons is the

execution of the government. A feeble execution is but another phrase for a bad execution: and a government ill executed, whatever it may be in theory, must be, in practice, a bad government.' One man will act with greater promptness and decision than a number. Difference of opinion among the members of a plural executive, might frustrate the most important measures. Moreover, unity in the executive increases responsibility. An individual, sensible that for every improper act he alone must bear the censure, will not be so strongly tempted to do wrong, as when a part of the responsibility and blame may be shifted upon others.

§ 85. The plan of a single chief magistrate, associated with a number of counsellors, has been tried with ill success, both in ancient as well as modern republics, and has been abandoned. These executive councils often embarrass and weaken the execution of a plan or measure, instead of facili tating it. The soundest statesmen, therefore, while they declare themselves in favor of a numerous legislature, as best calculated to secure the interests and privileges of the people, consider a single executive indispensable to a prompt and efficient execution of the laws.

§ 86. Respecting the duration of the office of chief magis. trate, public opinion is not uniform. The terms for which the governors of the several states are elected, vary from one year to four years. An executive chosen for a short period, will, if his re-election be not prohibited, he more likely to act in conformity to the popular will. A longer term, on the other hand, is deemed more favorable to an independent discharge of his official duties; and, by enabling him to mature and carry into effect his measures of public policy, is better calculated to ensure stability in the administration, which is essential to the public prosperity.

§ 87. The manner of electing the executive is not uniform. In some of the states, the governor is chosen by the legislature. This mode, which formerly prevailed in many, perhaps a majority, of the old states, has long been growing

executive power vested in a single person? § 85. What is the objection to executive councils? § 86. What are the tendencies of short and long terms of office of an executive ? § 87. In what manner are

into disuse. It is now practised by very few of them. The constitutions of new states, and the amended constitutions of the old ones, with few exceptions, give the election of the chief magistrate to the people. This mode now prevails, it is believed, in all but one or two, and is more consistent with the character and genius of republican institutions.

§ 88. The dignity of the executive office, and the weight of its responsibilities, require that the incumbent possess the highest qualifications. The qualifications required for the office of governor are generally the same, or about the same, as those for the office of senator. Provision has been made, so far as it can be made by constitutional enactment, for closing this office against incompetent and unworthy men. But the wisest constitutional provisions will be unavailing, unless the people insist on the more important qualifications of political integrity and disinterested patriotism.

§ 89. The powers and duties of an executive are various, as well as important. Exercising a general supervision over the manifold interests of the state, it is his duty to see that they receive the attention of the government. He is not only to see that the laws are duly administered, but he must also notice their operation. Hence it is made his duty, by the constitution, to communicate by message to the legis lature, at every session, the condition of the state, and to recommend such measures as, in his opinion, the public welfare requires. And he transacts all necessary business with the civil and military officers of government, and with the authorities of other states.

§ 90. The power to grant reprieves and pardons is, in nearly all the states, vested in the governor. Reprieve is the suspension, or putting off, of the execution of the sentence of the law upon a capital offender; pardon is the entire release of the criminal. The necessity of a pardon. ing power arises from the imperfection of human justice. A spirit of revenge may prompt one man to accuse another falsely; and, by inaccurate testimony, or a fallible jury, the

executives generally chosen in the United States? § 88. What are the usual qualifications of a state executive? § 89. What are the ordinary duties of an executive? 90. What are reprieves and pardons? Why is the pardoning power necessary in a government?