Imágenes de páginas
PDF
EPUB

viding for the common defence, was to give up the whole matter to the management of the national government.

The next object is "to promote the general welfare." It might be thought that the separate state governments could do this; but they have in fact neither the means nor the power. They have not the resources; for they cannot conveniently raise the money to carry on war, to support navies, to sustain fortifications and garrisons.. Nor have the separate states the means of enforcing upon each other that harmony of action, which is indispensable, in order to promote the general welfare. A particular state must look after the particular interests of its people: it is only by a general government that the general welfare can be secured.

The last object of the Constitution, as set forth in the preamble is, "to secure the blessings of liberty to us and our posterity." In another part of this work I have endeavored to set forth the nature of liberty, and the necessity of it to the enjoyment of life. To obtain its blessings, was the great object of the war of the revolution; to perpetuate its blessings, is the great design of the Constitution; to diffuse its blessings, should be the desire of every American citizen.

We should, however, always bear in mind what is meant by liberty-civil liberty-that liberty which is compatible with law. True liberty does not give us perfect freedom; it only allows us to do, to think, to feel, as we please, so far, and so far only, as we do not injure others. We can best show our love of liberty, by observing the laws, sustaining good government, and doing jus

[ocr errors]
[ocr errors]

tice to our fellow-men. Justice is liberty; injustice is tyranny.

The Constitution consists of seven articles, and thirteen amendments. The first article relates to Congress, to which it assigns all Legislative power: the second relates to the President, and vests in him the Executive power: the third relates to the Judiciary, and vests in this the Judicial power. It will therefore be perceived, that here is a distribution of the several powers of government, as I

have before stated.

ARTICLE I.

SEC. 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.

Here it will be seen that the legislative power is wholly vested in Congress, which is to consist of a Senate and House of Representatives.

SEC. II.-1. 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.

We here notice that the representatives are to be chosen by the people, the object being to obtain such persons as will represent, or express, the views and wishes of the people. Here lies the great principle of our liberty. In voting for our representatives, we express our wishes as to the measures we desire to see adopted by the national legislature.

2. No person shall be a representative who shall not have attained 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 the state in which he shall be chosen.

This refers to the qualifications of a representative. He must be twenty-five years old, so as to ensure maturity of mind and a degree of experience; he must be a citizen of the United States, for we could not trust foreigners to make our laws; and he must live in the state he is to represent, else how can he know the interests, wants, and wishes of the people?

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, threefifths 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.

This lays down a principle, by which we may decide how many representatives a state shall have; and when direct taxes are laid, how much each state shall pay. It provides for taking a

census every two years, and when the population of each state is thus ascertained, Congress is to say how the representatives shall be apportioned.

In 1842, a distribution act was passed, declaring that every state should have one representative for every seventy thousand six hundred and eighty inhabitants; and that in each case, where, after dividing the inhabitants by this number, a fraction of over one half of the seventy thousand six hundred and eighty remained, one representative should be allowed for that fraction. Accordingly, the following is the number of representatives to which the several states are entitled:

[blocks in formation]

It will be observed that, in the preceding section, persons "bound to service for a term of years, are spoken of: by which is meant apprentices, and other persons, chiefly foreigners, who had bound themselves to service for a series of years, generally with a view to pay their passage.

We observe, also, in this section, the phrase "all other persons.' By these are meant slaves; and

[ocr errors]

it will be perceived, therefore, that three fifths of the slaves of the southern states, although they do not vote, and are held as property, are still counted as forming a basis of representation in Congress.

Thus, by the late census, South Carolina, has two hundred and sixty-seven thousand three hundred and sixty free inhabitants, and three hundred and twenty-seven thousand and thirty-eight slaves. In fixing the apportionment of representatives, three fifths of these slaves, one hundred and nintysix thousand two hundred and twenty-three, are added to the whole population, making four hundred and sixty-three thousand five hundred and eighty-three: this is divided by seventy thousand six hundred and eighty, and accordingly South Carolina would be entitled to six representatives; but as there is a fraction of thirty-nine thousand five hundred and three, she is entitled to another, making seven representatives.

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

5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment.

By the power of impeachment here is meant the right to make a written accusation against the president, or any other high officer of government, for the purpose of bringing him to trial. This trial must take place before the Senate of the United States.

An instance of impeachment took place in 1805, against Samuel Chase, one of the judges of the

« AnteriorContinuar »