being elected, if the emoluments of it have not been increased during the time for which he was elected. But if a new office has been created, or the emoluments of an old one increased during that time, the promise or the chance of receiving an appointment to it, may have an undue influence on his mind. Such an appointment is therefore forbidden by the Constitution during the time for which he was elected; and it is only to be regretted that it was not forbidden. altogether. A dishonourable traffic in votes, should it ever become a characteristic of our country, would be more completely prevented, if to an office so created, or rendered more profitable, no one who had had an agency in either respect, could ever be appointed.

The Constitution contains no provision adverting to the exercise of offices under the United States and separate states at the same time, by the same persons. In some of the states it has been thought expedient to provide against it.

Those states appear to have acted under the apprehension of a possible collision between the two governments, and a jealousy lest the admission of the officers of the United States into places of trust and power in a state, might lead to a preference in the minds of those who hold offices under both to the prejudice of the state governments.* A counter apprehension did not exist in the people, when they formed the Constitution of the United States, although it has been the opinion of some enlightened men that there was more probability that if the balance ever should be disturbed, it would be by the preponderancy of the state governments. It has been observed, that the state governments are constituent and essential parts of the United States government, while the latter is in nowise essential to the organization or operations

* Per Shippen, C. J. 3 Yeates's Reports, 315.

of the former. Without the intervention of the state legislatures, the president of the United States cannot be elected. The senate is elected immediately by the state legislatures. Even the house of representatives, though drawn immediately from the people, will be chosen very much under the influence of those whose own influence over the people obtains for themselves an election into the state legislatures. On the other hand, the component parts of the state governments will in no instance be indebted for their appointments or their power to the direct agency of the general government.

The powers of the general government are few and defined, those which remain to the state government, numerous and indefinite.

The first and most natural attachment of the people will therefore be to their state governments, but in the general government they will see, not a rival or an enemy to the state government, but the ultimate authority and common power, which they have themselves concurred to create, and therefore, as it will be their interest, it finally will be their endeavour to support and restrain both within their just constitutional bounds.*

It will not be foreign to this head to notice the oaths of office required by the Constitution.

The president is required by it to take an oath, (or affirmation,) that he will faithfully execute the duties of his office, and that he will preserve, protect, and defend the Constitution. The senators, representatives, the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation to support this Constitution.

* See the 45th and 46th numbers of the Federalist, in which this subject is fully discussed.

Although a promissory oath is not in point of law, ranked so high as a judicial oath; that is, it does not fall within the general provisions of the law in respect to perjury, yet it greatly increases the moral obligation of the party, and ought to make a deep impression on him. Every state officer, and every officer of the United States, on being elected or appointed, binds himself thereby, not only to abstain from all opposition to the Constitution, but to give it his firm and active assistance.

It has been asked, why it was thought necessary that the state magistracy should be bound to support the Constitution of the United States, and unnecessary to impose an oath on the officers of the United States in favour of the state. constitutions. The reason assigned, (as one of many,) by the authors of the Federalist, is, that the members of the general government will have no agency in carrying the state governments into effect, but the members and officers of the state governments will have an essential agency in giving effect to the general government.*

This answer is a solid one. An official oath ought to be confined to the duties of the office. It is not so broad and comprehensive as a general oath of allegiance and fidelity, .which embraces all the duties of a citizen or subject. An officer appointed under the authority of the United States, is to perform only those duties which emanate from it; his obligation is limited by that authority, which, as repeatedly heretofore observed, is not controlled by the constitutions of the several states. An officer appointed under the authority of a state, is bound to support its constitution, but so far as the Constitution of the United States in any respect supersedes it, another rule of obligation arises, which he is equally bound to comply with; and, as it is essential to the true interests of all

* Federalist, No. 44.

the states, that the powers granted to the general government should be fully effectuated, all their officers, legislative, executive, and judicial, should expressly undertake to do so.

The remarks on this subject may be concluded by drawing the attention of the reader to the liberal alternative of an oath or affirmation. No religious test, it is declared in the same sentence, shall ever be required as a qualification to any office or public trust under the United States. Not only a numerous and respectable sect, but many other persons not of the people called Quakers, feel an invincible repugnance to taking an oath in any form. If the term affirmation had been omitted, all such persons would have been excluded from public trusts on account of religious opinion. The abstract declaration of perfect equality in matters of religion is thus realized.

CHAPTER XX.

OF SOME ARDUOUS PARTS OF THE PRESIDENT'S DUTIES.

ON a full view of the powers and duties of the president, the reader will probably perceive that they are of more importance in respect to foreign relations than to the internal administration of government.

At home his path, though dignified, is narrow. In the tranquillity which we have hitherto in time of peace enjoyed, little more has been requisite, in either his legislative or executive functions, than regularly to pursue the plain mandates of laws, and the certain text of the Constitution.

In his legislative capacity, the power of objecting to acts of congress, has been fairly exercised and respectfully submitted to. In the executive department he has had indeed two insurrections to cope with, one of which was inconsiderable, and the other, though more extensive, disappeared before the mere display of the force collected to subdue it. The transaction itself afforded a valuable proof of the patriotism of the people, and their attachment to the Constitution. The regular militia of the three adjoining states, New Jersey, Maryland, and Virginia, cheerfully co-operated with that of Pennsylvania, in which the opposition existed, and the governor of Pennsylvania, as a military officer, obeyed the orders of the governor of Virginia, on whom the president conferred the chief com. mand. A great proportion of this force consisted of volunteers;